Vol. 77 Tuesday, No. 123 June 26, 2012
Pages 37997–38170
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 77, No. 123
Tuesday, June 26, 2012
Agriculture Department Defense Department See Animal and Plant Health Inspection Service PROPOSED RULES See Foreign Agricultural Service CHAMPUS/TRICARE: See Forest Service Retail Pharmacy Program, 38019–38022 See Rural Housing Service NOTICES Meetings: Animal and Plant Health Inspection Service Federal Advisory Committee; Defense Intelligence RULES Agency Advisory Board, 38041 Importation of Dracaena Plants from Costa Rica, 37997– TRICARE Management Activity Adoption of Treasury 38000 Administrative Wage Garnishment Procedures, 38041– NOTICES 38042 Establishment of a Commodity Import Approval Process TRICARE Transitional Outpatient Payments, 38042–38043 Web Site, 38033 TRICARE; Revised Guidelines: Determining Outpatient Prospective Payment System Arts and Humanities, National Foundation General Temporary Military Contingency Payment See National Foundation on the Arts and the Humanities Adjustment Amount, 38043
Centers for Disease Control and Prevention Department of Transportation NOTICES See Pipeline and Hazardous Materials Safety Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals, 38065–38066 Drug Enforcement Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Importers of Controlled Substances: Medicare Program: Cambrex Charles City, Inc.; Application, 38085 New Opportunity for Participation in Advance Payment Clinical Supplies Management, Inc.; Registration, 38084– Model for Accountable Care Organizations, 38066– 38085 38067 Stepan Co.; Registration, 38085 Meetings: Manufacturers of Controlled Substances: Inherent Reasonableness of Medicare Fee Schedule Cambridge Isotope Lab; Application, 38086 Amounts for Non-Mail Order (Retail) Diabetic Cayman Chemical Co.; Registration, 38085–38086 Testing Supplies, 38067–38070 Chattem Chemicals Inc.; Application, 38086 Chemica; Application, 38086–38087 Children and Families Administration ISP Inc.; Application, 38087 NOTICES Single-Source Program Expansion Supplemental Grant Energy Department Awards: See Federal Energy Regulatory Commission Unaccompanied Alien Children’s Shelter Care to Baptist Children and Family Services in San Antonio, TX, 38070–38071 Environmental Protection Agency RULES Coast Guard Approvals and Promulgations of Implementation Plans: RULES State of Iowa; Regional Haze, 38006–38007 Drawbridge Operations: State of Missouri; Regional Haze, 38007–38011 Columbia River, Vancouver, WA, 38004–38005 NOTICES Safety Zones: EPA Activities to Promote Environmental Justice in the Biloxi Bay Fireworks; Biloxi, MS, 38005–38006 Permit Application Process, 38051–38060 Independence Day Fireworks, Kings Beach, CA, 38005 Proposed Consent Decrees, 38060–38061
Commerce Department Executive Office of the President See Foreign-Trade Zones Board See Management and Budget Office See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration NOTICES RULES Agency Information Collection Activities; Proposals, Airworthiness Directives: Submissions, and Approvals, 38035–38037 Various Transport Category Airplanes, 38000–38004 PROPOSED RULES Copyright Royalty Board Proposed Policy Clarifications: PROPOSED RULES Registration of Aircraft to U.S. Citizen Trustees in Determination of Reasonable Rates and Terms for Situations Involving Non-U.S. Citizen Trustors and Noncommercial Broadcasting, 38022–38024 Beneficiaries, 38016–38017
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Federal Communications Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Electronic License Application Form, 38141 Submissions, and Approvals, 38061 Iranian Financial Sanctions Regulations Report on Mobility Fund Phase I Auction Supplemental Short-Form Closure by U.S. Financial Institutions of Instructions, etc., 38061–38062 Correspondent Accounts, etc., 38141–38142
Federal Energy Regulatory Commission Foreign-Trade Zones Board NOTICES NOTICES Applications: Applications for Reorganization under Alternative Site Great Lakes Hydro America, LLC, 38043–38044 Framework: Combined Filings, 38044–38045 Foreign-Trade Zone 70, Detroit, MI, 38037–38038 Commission Staff Attendances: ISO New England Inc., New York Independent System Forest Service Operator, Inc., and PJM Interconnection, LLC, 38045– NOTICES 38046 Boundary Establishments: Midwest Independent Transmission System Operator, Allegheny National Wild and Scenic River, Allegheny Inc., 38045 National Forest, Warren, Forest, and Venango Southern Company Services, Inc., 38046 Counties, PA; Correction, 38035 Initial Market-Based Rate Filing Including Requests for General Services Administration Blanket Section 204 Authorization: Aequitas Energy, Inc., 38046 NOTICES Blue Sky East, LLC, 38048 Agency Information Collection Activities; Proposals, Franklin County Wind, LLC, 38047–38048 Submissions, and Approvals: San Gorgonio Farms, Inc, 38048 Public Buildings Service; Application/Permit for Use of SPS Alpaugh 50, LLC, 38046–38047 Space in Public Buildings and Grounds, 38064– SPS Alpaugh North, LLC, 38047 38065 License Amendment Applications: Meetings: Ketchikan Public Utilities, 38048–38049 The President’s Management Advisory Board, 38065 Petitions for Declaratory Orders: Health and Human Services Department California Independent System Operator Corp., 38050 See Centers for Disease Control and Prevention Idaho Wind Partners 1, LLC, 38049–38050 See Centers for Medicare & Medicaid Services Petitions for Limited Waivers: See Children and Families Administration Pepco Holdings, Inc., 38050 See Health Resources and Services Administration Preliminary Permit Applications: See National Institutes of Health Grand Coulee Project Hydroelectric Authority, 38050– 38051 Health Resources and Services Administration Jones Canyon Hydro, LLC, 38051 NOTICES Meetings: Federal Highway Administration Council on Graduate Medical Education, 38071 NOTICES Statements of Organization, Functions and Delegations of Agency Information Collection Activities; Proposals, Authority, 38071–38072 Submissions, and Approvals, 38127–38128 Homeland Security Department Federal Mediation and Conciliation Service See Coast Guard NOTICES See U.S. Customs and Border Protection Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38062–38063 Interior Department See Land Management Bureau Federal Motor Carrier Safety Administration See National Park Service NOTICES Qualifications of Drivers: Internal Revenue Service National Association of the Deaf; Application for PROPOSED RULES Exemptions, 38128 Additional Requirements for Charitable Hospitals, 38148– 38169 Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Formations of, Acquisitions by, and Mergers of Bank Submissions, and Approvals, 38142–38145 Holding Companies, 38063–38064 International Trade Administration Foreign Agricultural Service PROPOSED RULES NOTICES Strengthening Accountability of Attorneys and Non- WTO Agricultural Safeguard Trigger Levels, 38033–38035 Attorney Representatives Appearing before the Department, 38017–38019 Foreign Assets Control Office NOTICES NOTICES Applications for Membership: Additional Designations, Foreign Narcotics Kingpin Board of Directors of the Corporation for Travel Designation Act, 38140–38141 Promotion (dba Brand USA), 38039
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Court Decision Not in Harmony With Final Results; National Highway Traffic Safety Administration Amended Final Results: PROPOSED RULES Floor-Standing, Metal-Top Ironing Tables and Certain Preliminary Theft Data: Parts Thereof from the People’s Republic of China, Motor Vehicle Theft Prevention Standard, 38024–38030 38039–38040 NOTICES Reestablishment of Renewable Energy and Energy Petitions for Temporary Exemptions: Efficiency Advisory Committee; Solicitation of Vision Motor Cars, Inc., 38129–38132 Nominations, 38040–38041 National Institutes of Health International Trade Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Antidumping Duty Orders; Five-year Review, etc.: Submissions, and Approvals: Certain Activated Carbon from China, 38082–38083 National Diabetes Education Program Survey of the Investigations: Public, 38072–38073 Certain Rubber Resins and Processes for Manufacturing Laboratory Animal Welfare: Same, 38083–38084 Implementation of Eighth Edition of Guide for the Care and Use of Laboratory Animals, 38073–38074 Justice Department Meetings: See Drug Enforcement Administration Center for Scientific Review, 38074–38075 NOTICES National Institute of Allergy and Infectious Diseases, Lodgings of Consent Decrees Under CERCLA, 38084 38075 Lodgings of Consent Decrees Under the Clean Water Act, National Institute of Diabetes and Digestive and Kidney 38084 Diseases, 38075–38076
Labor Department National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Atlantic Highly Migratory Species: Submissions, and Approvals: Atlantic Bluefin Tuna Fisheries; Closure, 38011–38012 Occupational Noise Exposure, 38087–38088 Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish of Gulf of Alaska; Amendment 88; Correction, Land Management Bureau 38013–38014 PROPOSED RULES PROPOSED RULES Oil and Gas: Atlantic Highly Migratory Species: Well Stimulation, Including Hydraulic Fracturing, on Lifting Trade Restrictive Measures, 38030–38032 Federal and Indian Lands, 38024 National Park Service Library of Congress NOTICES See Copyright Royalty Board Environmental Impact Statements; Availability, etc.: Management and Budget Office Proposed Boathouse Facility for Non-Motorized Boats, NOTICES George Washington Memorial Parkway, 38077–38078 Development of the Joint Strategic Plan on Intellectual Extension of Concession Contract, 38078 Property Enforcement, 38088–38090 U.S. Nominations to the World Heritage List: San Antonio Franciscan Missions, 38078–38081 Maritime Administration NOTICES Nuclear Regulatory Commission Withdrawal of Liquefied Natural Gas Deepwater Port NOTICES Application: Facility Operating Licenses: Terminal LP, Bienville Offshore Energy Terminal, 38128– Applications and Amendments Involving No Significant 38129 Hazards Considerations, 38094–38099 Meetings: National Aeronautics and Space Administration Advisory Committee on Reactor Safeguards NOTICES Subcommittee on U.S. Advanced Pressurized Power Meetings: Reactor; Correction, 38099–38100 Aerospace Safety Advisory Panel, 38090 Advisory Committee on Reactor Safeguards, NASA Advisory Council; Aeronautics Committee, 38091 Subcommittee on Radiation Protection and Nuclear NASA Advisory Council; Education and Public Outreach Materials, 38099 Committee, 38092 Meetings; Sunshine Act, 38100 NASA Advisory Council; Information Technology Infrastructure Committee, 38092–38093 Office of Management and Budget NASA Advisory Council; Science Committee, 38093 See Management and Budget Office NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 38090–38091 Pipeline and Hazardous Materials Safety Administration NOTICES National Foundation on the Arts and the Humanities Meetings: NOTICES Technical Pipeline Safety Standards and Technical Meetings: Hazardous Liquid Pipeline Safety Standards National Council on the Humanities, 38093–38094 Committees, 38132–38133
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Rural Housing Service See Federal Highway Administration PROPOSED RULES See Federal Motor Carrier Safety Administration Community Programs Guaranteed Loans, 38015–38016 See Maritime Administration NOTICES See National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, See Pipeline and Hazardous Materials Safety Submissions, and Approvals, 38035 Administration Securities and Exchange Commission Treasury Department NOTICES Meetings; Sunshine Act, 38100 See Foreign Assets Control Office Self-Regulatory Organizations; Proposed Rule Changes: See Internal Revenue Service EDGA Exchange, Inc., 38113–38116 NOTICES Fixed Income Clearing Corporation, 38108–38113 Competitions Under the America COMPETES International Securities Exchange, LLC, 38100–38107 Reauthorization Act of 2010: NASDAQ OMX BX, Inc., 38107–38108 MyMoneyAppUp IdeaBank Challenge and the NYSE Amex LLC, 38117–38124 MyMoneyAppUp App Design Challenge, 38133– NYSE Arca, Inc., 38116–38117 38140
Small Business Administration U.S. Customs and Border Protection NOTICES NOTICES Line of Succession Designation: Accreditations and Approvals as Commercial Gaugers and Inspector General, 38124–38125 Laboratories: Meetings: SGS North America, Inc., 38076 Regional Small Business Regulatory Fairness Boards, Quarterly IRS Interest Rates Used in Calculating Interest on 38125 Overdue Accounts and Refunds on Customs Duties, Requests for Exemption from Conflicts of Interest: 38076–38077 Emergence Capital Partners SBIC, LP, 38125–38126 State Department NOTICES Separate Parts In This Issue Designations as Global Terrorists: Abubakar Adam Kambar; (aka) Abu Yasir, (aka) Abubakar Part II Kambar, (aka) Abu Yasir Kambar, 38126 Treasury Department, Internal Revenue Service, 38148– Meetings: 38169 Foreign Affairs Policy Board, 38126 Specially Designated Global Terrorists: Abubakar Shekau, aka Abu Mohammed Abubakar bin Reader Aids Mohammed, Shekau, etc., 38127 Consult the Reader Aids section at the end of this page for Aitzol Iriondo Yarza; aka Gurbitz, Gurbita, Barbas, Balak, phone numbers, online resources, finding aids, reminders, 38126–38127 and notice of recently enacted public laws. Khalid al–Barnawi; aka Khalid Barnawi, Khaled al– Barnawi, Khaled el–Barnaoui, Mohammed Usman, To subscribe to the Federal Register Table of Contents Abu Hafsat, 38126 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change See Federal Aviation Administration settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 319...... 37997 Proposed Rules: 3575...... 38015 14 CFR 39...... 38000 Proposed Rules: Ch. 1 ...... 38016 19 CFR Proposed Rules: 351...... 38017 26 CFR Proposed Rules: 1...... 38148 32 CFR Proposed Rules: 199...... 38019 33 CFR 117...... 38004 165 (2 documents) ...... 38005 37 CFR Proposed Rules: 381...... 38022 40 CFR 52 (2 documents) ...... 38006, 38007 43 CFR Proposed Rules: 3160...... 38024 49 CFR Proposed Rules: 541...... 38024 50 CFR 635...... 38011 679...... 38013 Proposed Rules: 300...... 38030 635...... 38030
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Rules and Regulations Federal Register Vol. 77, No. 123
Tuesday, June 26, 2012
This section of the FEDERAL REGISTER States while continuing to provide continental United States of Dracaena contains regulatory documents having general protection against the introduction of spp. plants from Costa Rica. applicability and legal effect, most of which quarantine pests. We solicited comments concerning are keyed to and codified in the Code of DATES: Effective Date: July 26, 2012. our proposal for 60 days ending January Federal Regulations, which is published under 3. 2012. We received six comments by 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: Mr. that date. They were from foreign and William D. Aley, Senior Import The Code of Federal Regulations is sold by domestic industry associations, an the Superintendent of Documents. Prices of Specialist, Plants for Planting Policy, importer, a State agriculture new books are listed in the first FEDERAL PPQ, APHIS, 4700 River Road, Unit 136, department, and a private citizen. The REGISTER issue of each week. Riverdale, MD 20737–1231; (301) 851– comments were generally supportive 2130. but raised two questions concerning the SUPPLEMENTARY INFORMATION: proposed rule. DEPARTMENT OF AGRICULTURE One commenter asked if the Animal Background and Plant Health Inspection Service Animal and Plant Health Inspection The regulations in ‘‘Subpart—Plants (APHIS) would be supplying copies of Service for Planting’’ (7 CFR 319.37 through the bilateral workplan to domestic 319.37–14, referred to below as the stakeholders for review. 7 CFR Part 319 regulations) restrict, among other things, Bilateral workplans are agreements [Docket No. APHIS–2011–0073] the importation of living plants, plant between APHIS and the national plant parts, seeds, and plant cuttings for protection organization (NPPO) of a RIN 0579–AD54 planting to prevent the introduction and foreign Government and are not Importation of Dracaena Plants From dissemination of plant pests that are typically circulated for stakeholder Costa Rica new to or not widely distributed within review. However, they are public the United States. documents and interested stakeholders AGENCY: Animal and Plant Health Dracaena is a genus of about 40 may obtain copies of the workplan by Inspection Service, USDA. species of tree- and shrub-like plants. calling or writing to the individual ACTION: Final rule. Several species are grown as listed under FOR FURTHER INFORMATION houseplants for their decorative strap- CONTACT. SUMMARY: We are amending the plants like foliage, low maintenance Two commenters stated that site visits for planting regulations to provide requirements, and tolerance of a wide should be conducted to ensure that the conditions for the importation into the range of growing conditions. Popular requirements of the bilateral workplan continental United States of Dracaena Dracaena spp. houseplants include are met. One of these commenters spp. plants from Costa Rica. These Dracaena fragrans, commonly known as expressed an interest in participating in conditions will apply to plants less than the corn plant, and Dracaena site visits. 460 mm in length, which are currently sanderiana, commonly known as lucky As we explained in the proposed rule, allowed to be imported, and will also bamboo. APHIS may conduct site visits to allow for the importation of plants over Currently, whole and intact Dracaena inspect and monitor the pest 460 mm and up to 1,371.6 mm in spp. plants (including roots, stems, and management program. In the past, length, which are currently prohibited. leaves) may be imported into the United representatives of U.S. domestic As a condition of entry, Dracaena spp. States only if they meet the size industries have accompanied APHIS plants from Costa Rica will have to be requirements in § 319.37–2(b)(6)(i) and personnel on site visits at the invitation produced in accordance with integrated other general requirements in the of the host NPPO, so it is a possibility pest risk management measures that regulations. The regulations currently that domestic stakeholders could will include requirements for allow only Dracaena spp. plants less accompany an APHIS representative registration of place of production and than 460 mm (approximately 18 inches) traveling to Costa Rica. We do expect, packinghouses, a pest management in length. The size requirement was however, that the routine site visits will plan, inspection for quarantine pests, established because plants of that size most often be carried out by APHIS field sanitation, and traceability from place of are easily inspected and, if necessary, personnel in Costa Rica as part of their production through the packing and treated for pests; the size and density of routine duties rather than by U.S.-based export facility and to the port of entry growth of larger plants makes them personnel who would have to travel to into the United States. All Dracaena more difficult to inspect and treat. Costa Rica to visit production and spp. plants from Costa Rica will also be On November 1, 2011, we published packing sites. required to be accompanied by a in the Federal Register (76 FR 67379– Therefore, for the reasons given in the phytosanitary certificate with an 67384, Docket No. APHIS–2011–0073) a proposed rule and in this document, we additional declaration stating that all proposal 1 to amend the plants for are adopting the proposed rule as a final conditions for the importation of the planting regulations to provide rule, without change. plants have been met and that the conditions for the importation into the consignment of plants has been Executive Order 12866 and Regulatory inspected and found free of quarantine Flexibility Act 1 To view the proposed rule, supporting pests. This action will allow for the documents, and the comments we received, go to This final rule has been determined to importation of oversized Dracaena spp. http://www.regulations.gov/ be not significant for the purposes of plants from Costa Rica into the United #!docketDetail;D=APHIS–2011–0073. Executive Order 12866 and, therefore,
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has not been reviewed by the Office of before parties may file suit in court facilitate entry into the reading room. In Management and Budget. challenging this rule. addition, copies may be obtained by In accordance with 5 U.S.C. 604, we writing to the individual listed under National Environmental Policy Act have prepared a final regulatory FOR FURTHER INFORMATION CONTACT. flexibility analysis, which is An environmental assessment and summarized below, regarding the finding of no significant impact have Paperwork Reduction Act economic effects of this rule on small been prepared for this final rule. The This rule contains no new entities. Copies of the full analysis are environmental assessment provides a information collection or recordkeeping available on the Regulations.gov Web basis for the conclusion that the requirements under the Paperwork site (see footnote 1 in this document for importation of Dracaena spp. plants Reduction Act of 1995 (44 U.S.C. 3501 a link to Regulations.gov) or by from Costa Rica under the conditions et seq.). contacting the person listed under FOR specified in this rule will not have a List of Subjects in 7 CFR Part 319 FURTHER INFORMATION CONTACT. significant impact on the quality of the The United States imports human environment. Based on the Coffee, Cotton, Fruits, Imports, Logs, approximately 25 million Dracaena spp. finding of no significant impact, the Nursery stock, Plant diseases and pests, plants from Costa Rica annually. On Administrator of the Animal and Plant Quarantine, Reporting and average, APHIS intercepts pests in, and Health Inspection Service has recordkeeping requirements, Rice, applies treatments to, over 8 percent of determined that an environmental Vegetables. the Dracaena consignments and impact statement need not be prepared. Accordingly, we amend 7 CFR part The environmental assessment and destroys less than 1 percent. Production, 319 as follows: packing, storing and exportation of finding of no significant impact were Dracaena spp. plants in accordance prepared in accordance with: (1) The PART 319—FOREIGN QUARANTINE with the integrated pest risk National Environmental Policy Act of NOTICES management measures set forth in the 1969 (NEPA), as amended (42 U.S.C. rule will reduce pest infestations, 4321 et seq.), (2) regulations of the ■ 1. The authority citation for part 319 subsequent pest interceptions, and the Council on Environmental Quality for continues to read as follows: implementing the procedural provisions need to fumigate or destroy infested Authority: 7 U.S.C. 450, 7701–7772, and consignments at ports of entry. of NEPA (40 CFR parts 1500–1508), (3) 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR The oversized Dracaena spp. plants USDA regulations implementing NEPA 2.22, 2.80, and 371.3. will be of greater value than the smaller (7 CFR part 1b), and (4) APHIS’ NEPA plants currently allowed entry, and we Implementing Procedures (7 CFR part ■ 2. Section 319.37–2 is amended as expect U.S. nurseries will adjust to new 372). follows: marketing opportunities afforded by the The environmental assessment and ■ a. In the table in paragraph (a), by larger plants. Most U.S. nurseries and finding of no significant impact may be adding a new entry for ‘‘Dracaena spp. other entities that may be affected by viewed on the Regulations.gov Web plants not meeting the conditions for this rule are small. site.2 Copies of the environmental import in § 319.37–5 (y)’’, in assessment and finding of no significant alphabetical order, to read as set forth Executive Order 12988 impact are also available for public below. This final rule has been reviewed inspection at USDA, room 1141, South ■ b. In paragraph (b)(6)(i), by adding the under Executive Order 12988, Civil Building, 14th Street and Independence words ‘‘Dracaena spp. plants from Costa Justice Reform. This rule: (1) Preempts Avenue SW., Washington, DC, between Rica meeting the conditions of § 319.37– all State and local laws and regulations 8 a.m. and 4:30 p.m., Monday through 5(y),’’ after the citation ‘‘§ 319.37–5(q),’’. that are inconsistent with this rule; (2) Friday, except holidays. Persons has no retroactive effect; and (3) does wishing to inspect copies are requested § 319.37–2 Prohibited articles. not require administrative proceedings to call ahead on (202) 690–2817 to (a) * * *
Prohibited article Foreign places (includes seeds only if from which Quarantine pests existing in the places named and capable specifically mentioned) prohibited of being transported with the prohibited article
******* Dracaena spp. plants not Costa Rica ...... Ancistrocercus circumdatus; Caldwelliola reservata; Chaetanaphothrips signipennis (banana rust meeting the conditions thrips); Coccus viridis (green scale); Diplosolenodes occidentalis (spotted leatherleaf slug); for import in § 319.37– Erioloides consobrinus; Neoconocephalus affinis (rattler conehead katydid); Oncometopia 5(y). clarior (blue sharpshooter); Ovachlamys fulgens; Palliferra costaricensis (Costa Rica mantle slug); Planococcus minor (passionvine mealybug); Pseudococcus landoi (lando mealybug); Sarasinula plebeia (Caribbean leatherleaf slug); Succinea costaricana; Xylosandrus morigerus (brown coffee twig beetle).
*******
* * * * * § 319.37–5 Special foreign inspection and (y) Special foreign inspection and certification requirements. certification requirements for Dracaena ■ 3. In § 319.37–5, a new paragraph (y) spp. plants from Costa Rica. Dracaena is added to read as follows: * * * * * spp. plants from Costa Rica may only be
2 Go to http://www.regulations.gov/#!docket assessment and finding of no significant impact will Detail;D=APHIS–2011–0073. The environmental appear in the resulting list of documents.
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imported into the continental United at least annually and when changes the Dracaena spp. plants must be States in accordance with the occur. maintained from the production unit requirements of this paragraph (y), to (6) Training. Participants and through the packing and export facilities prevent the plant pests Ancistrocercus personnel at approved production, and to the port of entry in the United circumdatus, Caldwelliola reservata, packing, and export facilities must be States. Chaetanaphothrips signipennis, Coccus trained in the requirements of this (11) Recordkeeping. Participants must viridis, Diplosolenodes occidentalis, paragraph (y) and the bilateral workplan maintain records of program activities, Erioloides consobrinus, and in recognizing the quarantine listed including corrective measures, for a Neoconocephalus affinis, Oncometopia in this paragraph (y). Training records minimum of 3 years. Records must be clarior, Ovachlamys fulgens, Palliferra must be maintained and made available made available to the NPPO of Costa costaricensis, Planococcus minor, to the NPPO of Costa Rica and APHIS Rica and APHIS on request. Pseudococcus landoi, Sarasinula on request. (12) Ineligibility for participation. (i) plebeia, Succinea costaricana, and (7) Pest management program. Persons who produce, pack, or ship Xylosandrus morigerus from entering Participants must establish a pest Dracaena spp. plants will be ineligible the United States. management program for all approved for participation in the export program (1) Size requirements. Dracaena spp. production, packing, and export for Dracaena spp. plants and their plants from Costa Rica imported into the facilities. Pest management programs production sites or packing or export continental United States may not must include field or facility scouting, facilities will lose approved status if: exceed 1,371.6 mm (approximately 54 monitoring, and control of target pests, (A) Live pests are found in a inches) in length from the soil line (or and must be monitored and approved by production site; top of the rooting zone for plants the NPPO of Costa Rica. APHIS may (B) Live pests are found in a shipment produced by air layering) to the farthest visit sites to inspect and monitor the of plants; or terminal growing point. pest management program. Each (C) Persons who produce, pack, or (2) Bilateral workplan. The national approved facility must have a trained, ship Dracaena spp. plants violate the plant protection organization (NPPO) of dedicated person to supervise the pest requirements set out in this section or Costa Rica must provide a bilateral management program. Records of pest required under the export program workplan to APHIS that details the management activities must be established by the NPPO of Costa Rica. activities that the NPPO of Costa Rica maintained and made available to the (ii) A person who produces, packs, or will, subject to APHIS’ approval of the NPPO of Costa Rica and APHIS upon ships Dracaena spp. plants may be workplan, carry out to meet the request. reinstated, and that person’s production requirements of this paragraph (y). (8) Sanitation. Sanitation measures sites or packing or export facilities may (3) Phytosanitary certificate. The must be maintained at approved regain approved status, by requesting phytosanitary certificate of inspection production, packing, and export reapproval and submitting a detailed required by § 319.37–4 that facilities. Fallen or discarded plant report describing the corrective actions accompanies each consignment of material and debris, or plants with taken by the person. Reapproval will Dracaena spp. plants from Costa Rica pests, must be removed and must not be only be granted upon concurrence from must contain additional declarations included in field containers brought the NPPO of Costa Rica and APHIS. that the plants in the consignment have from production to packing facilities for (13) Trust fund. The Government of been produced, packed, stored, and export. Packing facilities must be free of Costa Rica must enter into a trust fund exported in accordance with the sand, soil, earth, and plant pests, and agreement with APHIS before each requirements of this paragraph (y) and phytosanitary practices adequate to growing season. The Government of the bilateral workplan, and that the exclude pests must be employed. Costa Rica or its designated consignment has been inspected and Equipment, materials, and tools must be representative is required to pay in found free of quarantine pests. sanitized to avoid spreading pests or to advance all estimated costs that APHIS (4) Participant registration and prevent recontamination. expects to incur through its involvement agreement. Persons in Costa Rica who (9) Inspections. Inspections in overseeing the execution of paragraph produce, pack, or ship Dracaena spp. undertaken in the export program for (y) of this section. These costs will plants for export to the United States Dracaena spp. plants established by the include administrative expenses must: NPPO of Costa Rica will include, but incurred in conducting the services (i) Be registered and approved by the may not be limited to, the following: enumerated in paragraph (y) of this NPPO of Costa Rica; and (i) Approved production, packing, section and all salaries (including (ii) Enter into an agreement with the and export facilities must be inspected overtime and the Federal share of NPPO of Costa Rica whereby the by dedicated trained personnel at the employee benefits), travel expenses persons agree to participate in and approved facilities at least once weekly, (including per diem expenses), and follow the export program for Dracaena and by the NPPO of Costa Rica at least other incidental expenses incurred by spp. plants established by the NPPO of once monthly. the inspectors in performing these Costa Rica. (ii) Packing materials and shipping services. The Government of Costa Rica (5) Facility registration and containers for the plants must be or its designated representative is agreement. Production, packing, and approved by APHIS and inspected by required to deposit a certified or export facilities must be approved and the NPPO of Costa Rica to ensure that cashier’s check with APHIS for the registered by the NPPO of Costa Rica. they do not introduce pests of concern amount of the costs estimated by Registered packing and export facilities to the plants. APHIS. If the deposit is not sufficient to may only accept plants from registered (iii) Inspection dates and results must meet all costs incurred by APHIS, the production facilities where plants are be recorded and made available to agreement further requires the grown in compliance with the APHIS upon request. Government of Costa Rica or its requirements of this paragraph (y) and (10) Traceability. Participants must designated representative to deposit the bilateral workplan. The NPPO of establish a traceability system approved with APHIS a certified or cashier’s Costa Rica will provide APHIS with and audited by the NPPO of Costa Rica check for the amount of the remaining access to the list of registered facilities and APHIS. The identity and origin of costs, as determined by APHIS, before
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the services will be completed. After a docket contains this AD, the regulatory 2012) to extend the 24-month final audit at the conclusion of each evaluation, any comments received, and compliance time. Airbus, Embraer, Air shipping season, any overpayment of other information. The address for the Line Pilots Association (ALPA) funds would be returned to the Docket Office (phone: 800–647–5527) is International, AA, and Boeing noted Government of Costa Rica or its Document Management Facility, U.S. that the Lavatory Oxygen Aviation designated representative or held on Department of Transportation, Docket Rulemaking Committee (ARC) chartered account until needed. Operations, M–30, West Building on this subject established some Done in Washington, DC, this June 20, Ground Floor, Room W12–140, 1200 notional life-cycle times from the 2012. New Jersey Avenue SE., Washington, initiation of a design through a fleet Kevin Shea, DC 20590. retrofit. The requested compliance time ranged from 36 to 60 months. The ARC Acting Administrator, Animal and Plant FOR FURTHER INFORMATION CONTACT: Jeff Health Inspection Service. Gardlin, Aerospace Engineer, Airframe considered even a 4-year compliance and Cabin Safety Branch, ANM–115, time aggressive. Commenters also noted [FR Doc. 2012–15542 Filed 6–25–12; 8:45 am] that there are no actual designs at BILLING CODE 3410–34–P FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, present; any schedule is at risk until the Washington 98057–3356; phone: 425– design is proven and validated. We partially agree with the request. DEPARTMENT OF TRANSPORTATION 227–2136; fax: 425–227–1149; email: [email protected]. Because of the lack of a retrofit design and the magnitude of the retrofit, and Federal Aviation Administration SUPPLEMENTARY INFORMATION: new configuration(s), on such a large Discussion number of affected airplanes, we agree 14 CFR Part 39 that the proposed compliance time of 24 [Docket No. FAA–2012–0102; Directorate We issued a notice of proposed months is insufficient. We also agree Identifier 2012–NM–004–AD; Amendment rulemaking (NPRM) to amend 14 CFR that the ARC’s detailed assessment 39–17072; AD 2012–11–09] part 39 to supersede AD 2011–04–09, would not have supported a 24-month Amendment 39–16630 (76 FR 12556, RIN 2120–AA64 compliance time. We disagree, however, March 8, 2011). That AD applies to the to extend the compliance time to 48 Airworthiness Directives; Various specified products. The NPRM months, or longer. Some of the Transport Category Airplanes published in the Federal Register on commenters’ concerns, as identified by February 27, 2012 (77 FR 11418). That the ARC, have been alleviated in the AD AGENCY: Federal Aviation NPRM proposed to continue to require (for example, streamlining the Administration (FAA), DOT. either activating all chemical oxygen compliance process), and it is clear ACTION: Final rule. generators in the lavatories until the there are workable design approaches generator oxygen supply is expended, or that can be implemented without taking SUMMARY: We are superseding an removing the oxygen generator(s); and, airplanes out of service. Nonetheless, existing airworthiness directive (AD) for for each chemical oxygen generator, since no actual designs are yet certain transport category airplanes. after the generator is expended (or approved, the retrofit process cannot That AD currently requires either removed), removing or restowing the begin until a design is approved. We activating all chemical oxygen oxygen masks and closing the mask have extended the compliance time in generators in the lavatories until the dispenser door. That NPRM also paragraph (l) of this final rule to 37 generator oxygen supply is expended, or proposed to require installing a months after the effective date of the removing the oxygen generator(s); and, supplemental oxygen system in affected AD. for each chemical oxygen generator, lavatories, which would terminate the Request To Retain Proposed after the generator is expended (or requirements of the existing AD. removed), removing or restowing the Compliance Times oxygen masks and closing the mask Change to NPRM (77 FR 11418, The Association of Flight Attendants dispenser door. This new AD requires February 27, 2012) (AFA) and ALPA encouraged the installing a supplemental oxygen system We have redesignated Note 1 of the issuance of the final rule with the in affected lavatories, which terminates NPRM (77 FR 11418, February 27, 2012) compliance times as proposed. AFA the requirements of the existing AD. as new paragraph (h) of this AD, requested that we also incorporate This AD was prompted by reports that reidentified Note 2 as Note 1, and interim measures. The commenters the current design of the oxygen reidentified subsequent paragraphs noted that the total time that lavatories generators presents a hazard that could accordingly. will have been without oxygen would jeopardize flight safety. We are issuing be about 3.5 years, even with a 24- this AD to eliminate a hazard that could Comments month compliance time. AFA pointed jeopardize flight safety, and to ensure We gave the public the opportunity to out that the FAA’s assessment of the that all lavatories have a supplemental participate in developing this AD. The safety risk was based on a finite time, oxygen supply. following presents the comments and that we originally estimated a two- DATES: This AD is effective August 10, received on the proposal (77 FR 11418, to four-year period to restore oxygen. 2012. February 27, 2012) and the FAA’s Thus, retaining the proposed 24-month ADDRESSES: response to each comment. compliance time is appropriate. With respect to the compliance time, Examining the AD Docket Request To Extend Compliance Time we disagree with the request. Based on You may examine the AD docket on Airbus, Boeing, Bombardier, Embraer, the number of affected airplanes and the the Internet at http:// American Airlines (AA), Delta Air lack of a design solution yet approved www.regulations.gov; or in person at the Lines, Southwest Airlines (SWA), for any of them, a 24-month compliance Docket Management Facility between United Airlines (UA), and All Nippon time is not feasible. On the other hand, 9 a.m. and 5 p.m., Monday through Airways (ANA) requested that we revise we acknowledge that compliance will Friday, except Federal holidays. The AD the NPRM (77 FR 11418, February 27, be due later than the original estimate
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of a maximum of 4 years. But the airframe manufacturers, as well as system can be handled under part 43 of adjusted compliance time is still within oxygen system suppliers and airplane the Federal Aviation Regulations (14 the confidence level of the risk modifiers, have discussed their CFR part 43). We have added a assessment—which was conservative— intended approaches with the FAA and provision in paragraph (l)(2) in this final conducted in support of AD 2011–04– appear to have viable solutions. In rule that permits alterations and repairs 09, Amendment 39–16630 (76 FR addition, Section 21.99 of the Federal to an approved non-COG system in 12556, March 8, 2011). As explained Aviation Regulations (14 CFR 21.99) accordance with 14 CFR part 43, previously, we have extended the already requires design approval provided the operator’s maintenance compliance time to 37 months. With holders to make design information program contains an airworthiness respect to interim measures, we available to correct an unsafe condition. limitation that prohibits the installation understand the rationale for the request, Thus, the additional regulatory burden of COGs in lavatories. and operators may, in fact, elect to of tracking and enforcing a design Request To Utilize Alternative Oxygen employ some interim measures. approval holder requirement is not Dosage Measurement However, any interim measures that justified in this case. But if this situation would be required would take resources changes, we may consider additional AVOX Systems (AVOX) requested away from implementing the rulemaking to extend the time to that we build in a streamlined process terminating action, and we believe comply with the requirements of the for oxygen systems using the blood available resources should be directed at AD. We have not changed the final rule oxygen saturation level (SaO2) as the restoring oxygen to the lavatories. We regarding this issue. means of determining adequate oxygen have therefore determined that interim dosage. This method will likely result in Request To Revise Applicability measures should not be mandated, and somewhat smaller oxygen supplies, that a 37-month compliance time will Boeing requested that we revise the which will in turn allow the systems to provide an adequate level of safety. applicability of the NPRM (77 FR 11418, more easily fit into the existing spaces, February 27, 2012). Specifically, Boeing with little or no modification. Request To Delay AD Issuance Pending requested removing airplanes that have The regulations characterize oxygen Service Information Issuance systems without chemical oxygen dosage in terms of tracheal partial ANA and AA requested that we delay generators (COGs) installed in the pressure, an indirect method of issuing the AD until service information lavatory, and by limiting the determining adequate oxygen supply. is available. ANA stated that, applicability to airplanes modified in We infer that AVOX requested this considering lead time for parts and accordance with AD 2011–04–09, because the FAA has approved SaO2 via preparation for the modification, the Amendment 39–16630 (76 FR 12556, equivalent level of safety findings in compliance time should be determined March 8, 2011), those with COGs not accordance with Section 21.21(b)(1) of after the service information is released. installed per Special Federal Aviation the Federal Aviation Regulations (14 ANA suggested it would need at least 36 Regulation (SFAR) 111, Amendment CFR 21.21(b)(1)), but this has required months for appropriate maintenance Nos. 21–94, 25–133, 121–354, and 129– extensive testing on the part of the planning after the service information is 50 (76 FR 12550, March 8, 2011), and applicants to show that the approach released. those with COGs installed in the meets the intent of the requirements. It We disagree with the request. lavatory. Since AD 2011–04–09 already appears that AVOX would like the FAA Although there are no specific designs proposed to permit installation of non- to use the knowledge gained from those available for the affected airplanes, there COG systems using normally available actions to allow approval of future are system types in service that will approval means, Boeing considered the projects in an expedited manner, satisfy the requirements of the AD. continued tracking of AD compliance without the same level of testing. We Airframe manufacturers and aftermarket for that type of system unwarranted. agree that, in this case, use of the SaO2 modifiers are working on acceptable Further, Boeing stated there might be method can be useful; this method is designs, and we expect that there will confusion as to whether AD 2011–04–09 specifically discussed in FAA Policy be more than one solution available. would apply to any airplane with such Statement PS ANM–25–04—which was The FAA’s goal is to retrofit a system installed. mentioned in the NPRM (77 FR 11418, supplemental oxygen systems as quickly We partially agree with the request. February 27, 2012) as a possible method as practical. Waiting for service We agree that continued tracking of the of compliance with the requirements of information would unnecessarily delay non-COG installation as an AD-related this AD. FAA Policy Statement PS– that retrofit. We therefore find it action is overly burdensome. Such ANM–25–04, issued December 21, 2011 necessary to proceed with issuing this systems were not the subject of AD (http://rgl.faa.gov/Regulatoryand final rule. 2011–04–09, Amendment 39–16630 (76 GuidanceLibrary/rgPolicy.nsf/0/06EE1C FR 12556, March 8, 2011) (which EFE9804A2F8625796E005C017F?Open Request To Mandate Development of required removal of the supplemental Document&Highlight=ps-anm-25-04), is Service Information and Parts oxygen). We disagree, however, to based on the recommendations of an Delta Air Lines requested that we change the applicability of this AD, Aviation Rulemaking Committee (ARC) require design approval holders to because the AD already captures the and provides guidance to applicants develop and make available the intent of the request in terms of that want to begin restoring oxygen to necessary modification instructions and identifying affected airplanes based on lavatories in advance of rulemaking. hardware. Delta noted that other large- whether they are in compliance with This policy will be used in making scale retrofit projects have been AD 2011–04–09 or have a chemical approvals of COG installations that will complicated by a lack of readily oxygen generator installed in any be used to comply with this AD. The available modification hardware and lavatory. An operator wishing to install FAA may also propose new service instructions. a COG system at a later date will need airworthiness standards for the safe We disagree with the request. At this to use the alternative method of installations of COGs using the ARC point, the FAA is confident that there compliance (AMOC) process. But we recommendations. It is not necessary to will be several modification options agree that, with appropriate limitations, change the AD because the information available to operators. All affected subsequent modifications to a non-COG that we can provide is already available
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in the policy statement. We have not Request To Revise Cost Estimate because the provision is unusual, it may changed the final rule regarding this Delta Air Lines requested that we not be uniformly applied in the field. We agree that this is an unusual issue. revise the cost analysis to be more provision. To that end, we have specific to different airplane types and Request To Clarify Certain References prepared an Information for Operators system options, and to characterize the (InFO) bulletin 12LAV to help explain Boeing noted that not all regulations costs per lavatory. The current cost this provision, as well as other outreach affecting a supplemental oxygen system estimate is an average over the entire measures to help ensure are identified in paragraph (k) of the fleet, and so by definition is not standardization. We find it is not NPRM (77 FR 11418, February 27, accurate for each affected airplane. necessary to change the final rule to 2012), and could lead operators to We disagree with the request. The provide further explanation. conclude that only the identified variation in cost per airplane over the paragraphs need to be complied with. fleet is typical of any cost assessment. Approval Process for Compliance With Boeing requested that we revise While the costs could be presented on AD, Using Chemical Oxygen Generators paragraph (k)(2) of the NPRM to refer to a per-lavatory basis, this would also be Because of the issues addressed by all of part 25 and part 121 (14 CFR part an average, and not necessarily correct AD 2011–04–09, Amendment 39–16630 25 and 14 CFR part 121), rather than for any given lavatory. In addition, the (76 FR 12556, March 8, 2011), COG specific sections. cost estimates are based on the installations will require new forecasted most cost-effective approach. We partially agree with the request. considerations in order to be found An operator can use a more expensive We agree that the current listing of rules acceptable as methods of compliance approach, but the cost estimate would could be misinterpreted, because there with this AD. The approval for COG not account for that increased cost. We is already regulatory relief provided, installations will therefore be in a have not changed the final rule and the listing is not complete. The manner approved by the FAA as regarding this issue. listing matches the regulations for discussed below. which relief was granted, both in AD Request To Clarify Configuration Approval Process for Compliance With 2011–04–09, Amendment 39–16630 (76 ANA noted that paragraph (k) of the AD, Using Other Systems FR 12556, March 8, 2011), and Special NPRM (77 FR 11418, February 27, 2012) Chemical oxygen generators are one Federal Aviation Regulation No. 111, would allow operators to choose type of system used to provide Amendment Nos. 21–94, 25–133, 121– between two methods of compliance: supplemental oxygen. While the 354, and 129–50 (76 FR 12550, March with or without chemical oxygen majority of transport category airplanes 8, 2011), and so in that sense this list generators. ANA requested that we use this system in lavatories, there are is consistent. But to avoid any clarify what configuration will be other systems as well. If another system confusion, we have revised paragraph (l) selected on production airplanes. type is used to meet this AD, the in this final rule (which was paragraph We disagree with the request. The original unsafe condition is not a (k) in the NPRM (77 FR 11418, February decision on which configuration to use concern. In that case, the means of 27, 2012)) to refer to ‘‘all applicable’’ is up to the operators and their compliance is straightforward, and we regulations. In actual practice, this will suppliers. The FAA has criteria for have determined that the approval not change the compliance either approach, and either is method could be more flexible than is requirements, so there is no additional acceptable. We have not changed the usually the case for an AD. For example, burden on any operator to comply with final rule regarding this issue. delegated organizations cannot normally the requirements of this AD. make compliance findings for ADs; Request To Clarify Certain AMOC service information associated with ADs Request To Include Training Provisions must be adhered to exactly, or else an Requirements AA requested that paragraph (k)(2)(i) AMOC must be approved. For this AD, AFA requested that we revise the of the NPRM (77 FR 11418, February 27, if the type of system is other than a NPRM (77 FR 11418, February 27, 2012) 2012) be revised to include a provision COG, then we have determined that to include additional requirements that relieving the need for AMOC approval these restrictions could be relaxed. mandate communication and training for non-COG installations. AA interprets Therefore, paragraph (l)(2) of this AD for crewmembers on the proper the existing provisions as meaning that contains provisions to permit existing procedures to follow in the event of a an AMOC is not required and wants this approval processes to be used, as long stated explicitly. rapid decompression before the AD- as the means of compliance is other We disagree with the request. mandated actions have been than a COG. This provision takes Information regarding AMOCs related to accomplished on the airplane. AFA also precedence over current limitations in non-COG installations was provided in recommended that crew members be operators’ authority to use their paragraph (k)(2)(ii) of the NPRM (77 FR notified of the progress of operators organizational delegations when 11418, February 27, 2012) and is toward showing compliance; many showing compliance with an AD. In retained in this final rule (in operators have already done something addition, if an operator uses service redesignated paragraph (l)(2)(ii)). There similar, but a number have not. information that is approved for such is therefore no need to change the final installations, deviations from the service We disagree with the request. As rule regarding this issue. information can be addressed using the previously determined, the risks are Request To Standardize Application of operator’s normal procedures without very low for the time periods involved. requiring an AMOC. The resources needed to implement Certain Provision AFA’s recommended interim steps AA supports the provision specified Oversight Office could be better used in rapidly in paragraph (k)(2)(ii) of the NPRM (77 Paragraph (l) of this AD refers to the incorporating a final design solution. FR 11418, February 27, 2012) FAA oversight office responsible for We have not changed the final rule (redesignated as paragraph (l)(2)(ii) in approval of modifications used to show regarding this issue. this final rule), but is concerned that, compliance. This will typically be the
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aircraft certification office having Aviation Regulations (14 CFR 121.628 with the changes described previously— geographic oversight of the applicant. In and 14 CFR 129.14). Since any and minor editorial changes. We have the case of service instructions from equipment mandated to be operative by determined that these minor changes: design approval holders of other airworthiness directive is excluded from • Are consistent with the intent that countries, this would be the Transport the MEL unless the airworthiness was proposed in the NPRM (77 FR Standards Staff. We anticipate that directive specifically provides such 11418, February 27, 2012) for correcting modifications to meet this AD will allowance, we have revised this final the unsafe condition; and require either supplemental type rule to add a new paragraph (m) to • Do not add any additional burden certificate or amended type certificate allow the use of the MEL, as applicable. upon the public than was already approval. We have re-identified subsequent proposed in the NPRM (77 FR 11418, paragraphs accordingly. February 27, 2012). Minimum Equipment List (MEL) Although there were no comments on Conclusion Costs of Compliance this issue, the FAA has identified a We reviewed the relevant data, We estimate that this AD affects 5,500 potential conflict with the minimum considered the comments received, and airplanes of U.S. registry. We estimate equipment list provisions of Sections determined that air safety and the the following costs to comply with the 121.628 and 129.14 of the Federal public interest require adopting the AD actions specified in this AD.
ESTIMATED COSTS
Cost on U.S. Action Labor cost Parts cost Cost per product operators
Activate COG/expend oxygen supply [ac- Up to 2 work-hours × $85 per hour = up $0 Up to $170 ...... Up to $935,000. tions retained from AD 2011-04-09, to $170. Amendment 39-16630 (76 FR 12556, March 8, 2011)]. Oxygen system installation (new action) 24 work-hours × $85 per hour = $2,040 6,000 $8,040 ...... $44,220,000.
Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (a) Effective Date Title 49 of the United States Code DOT Regulatory Policies and Procedures This airworthiness directive (AD) is specifies the FAA’s authority to issue (44 FR 11034, February 26, 1979), effective August 10, 2012. rules on aviation safety. Subtitle I, (3) Will not affect intrastate aviation (b) Affected ADs in Alaska, and Section 106, describes the authority of This AD supersedes AD 2011–04–09, the FAA Administrator. Subtitle VII, (4) Will not have a significant Amendment 39–16630 (76 FR 12556, March Aviation Programs, describes in more economic impact, positive or negative, 8, 2011). on a substantial number of small entities detail the scope of the Agency’s (c) Applicability authority. under the criteria of the Regulatory We are issuing this rulemaking under Flexibility Act. This AD applies to transport category airplanes, in passenger-carrying operations, the authority described in Subtitle VII, List of Subjects in 14 CFR Part 39 as specified in paragraph (c)(1) or (c)(2) of Part A, Subpart III, Section 44701, this AD. ‘‘General requirements.’’ Under that Air transportation, Aircraft, Aviation (1) Airplanes that are in compliance with section, Congress charges the FAA with safety, Incorporation by reference, the requirements of AD 2011–04–09, promoting safe flight of civil aircraft in Safety. Amendment 39–16630 (76 FR 12556, March 8, 2011). air commerce by prescribing regulations Adoption of the Amendment for practices, methods, and procedures (2) Airplanes equipped with any chemical the Administrator finds necessary for Accordingly, under the authority oxygen generator installed in any lavatory and are: safety in air commerce. This regulation delegated to me by the Administrator, the FAA amends 14 CFR part 39 as (i) Operating under 14 CFR part 121; or is within the scope of that authority (ii) U.S.-registered and operating under 14 because it addresses an unsafe condition follows: CFR part 129, with a maximum passenger that is likely to exist or develop on capacity of 20 or greater. PART 39—AIRWORTHINESS products identified in this rulemaking DIRECTIVES (d) Subject action. Joint Aircraft System Component (JASC)/ Regulatory Findings ■ 1. The authority citation for part 39 Air Transport Association (ATA) of America We have determined that this AD will continues to read as follows: Code 35, Oxygen. not have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. (e) Unsafe Condition Executive Order 13132. This AD will § 39.13 [Amended] This AD was prompted by the not have a substantial direct effect on determination that the current design of the States, on the relationship between ■ 2. The FAA amends § 39.13 by chemical oxygen generators presents a hazard the national government and the States, removing airworthiness directive (AD) that could jeopardize flight safety. We are or on the distribution of power and 2011–04–09, Amendment 39–16630 (76 issuing this AD to eliminate this hazard and responsibilities among the various FR 12556, March 8, 2011, and adding ensure that all lavatories have a levels of government. the following new AD: supplemental oxygen supply. For the reasons discussed above, I 2012–11–09 Transport category airplanes: (f) Compliance certify that this AD: Amendment 39–17072; Docket No. Comply with this AD within the (1) Is not a ‘‘significant regulatory FAA–2012–0102; Directorate Identifier compliance times specified, unless already action’’ under Executive Order 12866, 2012–NM–004–AD. done.
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(g) Retained Oxygen Generator Special flight permits, as described in of the local flight standards district office/ This paragraph restates the requirements of Section 21.197 and Section 21.199 of the certificate holding district office. Federal Aviation Regulations (14 CFR 21.197 paragraph (g) of AD 2011–04–09, (o) Related Information Amendment 39–16630 (76 FR 12556, March and 21.199), are not allowed for the For more information about this AD, 8, 2011). Within 21 days after March 14, 2011 accomplishment of the actions specified in (the effective date of AD 2011–04–09, paragraph (g) of this AD. contact Jeff Gardlin, Aerospace Engineer, Amendment 39–16630 (76 FR 12556, March Airframe and Cabin Safety Branch, ANM– (l) New Requirements of This AD: Oxygen 115, FAA, Transport Airplane Directorate, 8, 2011)), do the actions specified in System Restoration paragraphs (g)(1) and (g)(2) of this AD. 1601 Lind Avenue SW., Renton, Washington Within 37 months after the effective date (1) Activate all chemical oxygen generators 98057–3356; phone: 425–227–2136; fax: 425– of this AD, install a supplemental oxygen in the lavatories until the generator oxygen 227–1149; email: [email protected]. system that meets all applicable sections of supply is expended. An operator may also parts 25 and 121 of the Federal Aviation (p) Material Incorporated by Reference remove the oxygen generator(s), in Regulations (14 CFR part 25 and 14 CFR part None. accordance with existing maintenance 121) in each lavatory, as specified in practice, in lieu of activating it. Issued in Renton, Washington, on May 23, paragraph (l)(1) or (l)(2) of this AD, as (2) For each chemical oxygen generator, applicable. 2012. after the generator is expended (or removed), (1) If compliance with paragraph (l) of this Michael Kaszycki, remove or re-stow the oxygen masks and AD is achieved using a chemical oxygen Acting Manager, Transport Airplane close the mask dispenser door. generator, the actions specified in paragraph Directorate, Aircraft Certification Service. Note 1 to paragraph (g) of this AD: Design (l) of this AD must be done in accordance [FR Doc. 2012–15683 Filed 6–25–12; 8:45 am] approval holders are not expected to release with a method approved by the Manager of service instructions for the action specified the responsible FAA oversight office having BILLING CODE 4910–13–P in paragraph (g) of this AD. responsibility over the modification. For a method to be approved, it must meet the (h) Retained Information About Hazardous certification basis of the airplane, and the Material DEPARTMENT OF HOMELAND approval must specifically refer to this AD. SECURITY This paragraph restates the information in (2) If compliance with paragraph (l) of this Note 1 of AD 2011–04–09, Amendment 39– AD is achieved without a chemical oxygen Coast Guard 16630 (76 FR 12556, March 8, 2011). generator, the specifications of paragraphs Chemical oxygen generators are considered a (l)(2)(i) and (l)(2)(ii) of this AD apply. Any hazardous material and subject to specific repairs or alterations to a system installed 33 CFR Part 117 requirements under Title 49 CFR for and approved in accordance with this [Docket No. USCG–2012–0581] shipping. Oxygen generators must be paragraph may be accomplished in expended prior to disposal but are accordance with 14 CFR part 43, provided Drawbridge Operation Regulation; considered a hazardous waste; therefore, the operator’s maintenance program contains Columbia River, Vancouver, WA disposal must be in accordance with all an airworthiness limitation that prohibits the Federal, State, and local regulations. installation of chemical oxygen generators in AGENCY: Coast Guard, DHS. Expended oxygen generators are forbidden in lavatories. air transportation as cargo. For more (i) The modification must receive FAA ACTION: Notice of temporary deviation information, contact 1–800–HMR–4922. approval in accordance with 14 CFR part 21 from regulations. as a major design change. Notwithstanding (i) Retained Compliance With Federal operations specification restrictions to the SUMMARY: The Coast Guard has issued a Aviation Regulations of AD 2011–04–09, contrary, organizational approval holders temporary deviation from the operating Amendment 39–16630 (76 FR 12556, March may exercise their full authority in approving schedule that governs the Interstate 5 8, 2011) installations that meet the installation (I–5) Bridges across the Columbia River, This paragraph restates the requirements of requirements of this AD. mile 106.5, between Portland, Oregon paragraph (h) of AD 2011–04–09, (ii) Deviation from approved service and Vancouver, Washington. This Amendment 39–16630 (76 FR 12556, March instructions and subsequent modifications deviation is necessary to facilitate the 8, 2011). Notwithstanding the requirements may be handled by normal operator of Sections 25.1447, 121.329, 121.333, and procedures without requiring approval of an movement of heavier than normal 129.13 of the Federal Aviation Regulations alternative method of compliance. roadway traffic associated with the (14 CFR 25.1447, 121.329, 121.333, and Independence Day fireworks show near 129.13), operators complying with this AD (m) Minimum Equipment List (MEL) the I–5 Bridges. This deviation allows are authorized to operate affected airplanes Notwithstanding the requirements of 14 the bridges to remain in the closed until accomplishment of the actions specified CFR 121.628(b)(2) and 14 CFR 129.14, the position during the event. in paragraph (l) of this AD. equipment required by paragraph (l) of this AD may be included in the Minimum DATES: This deviation is effective from (j) Retained Parts Installation of AD 2011– Equipment List, as applicable. 9 p.m. on July 4, 2012 through 11:59 04–09, Amendment 39–16630 (76 FR 12556, p.m., July 4, 2012. March 8, 2011) (n) Alternative Methods of Compliance (AMOCs) ADDRESSES: Documents mentioned in This paragraph restates the requirements of this preamble as being available in the paragraph (i) of AD 2011–04–09, Amendment (1) The Manager, Transport Standards 39–16630 (76 FR 12556, March 8, 2011). Staff, ANM–110, FAA, has the authority to docket are part of docket USCG–2012– After March 14, 2011 (the effective date of approve AMOCs for this AD, if requested 0581 and are available online by going AD 2011–04–09), and until accomplishment using the procedures found in 14 CFR 39.19. to http://www.regulations.gov, inserting of the actions specified in paragraph (l) of In accordance with 14 CFR 39.19, send your USCG–2012–0581 in the ‘‘Keyword’’ this AD, no person may install a chemical request to your principal inspector or local box and then clicking ‘‘Search’’. They oxygen generator in any lavatory on any Flight Standards District Office, as are also available for inspection or affected airplane. appropriate. If sending information directly copying at the Docket Management to the manager of the Transport Standards Facility (M–30), U.S. Department of (k) Retained Special Flight Permit of AD Staff, send it to the attention of the person 2011–04–09, Amendment 39–16630 (76 FR identified in the Related Information section Transportation, West Building Ground 12556, March 8, 2011) of this AD. Floor, Room W12–140, 1200 New Jersey This paragraph restates the requirements of (2) Before using any approved AMOC, Avenue SE., Washington, DC 20590, paragraph (j) of AD 2011–04–09, Amendment notify your appropriate principal inspector, between 9 a.m. and 5 p.m., Monday 39–16630 (76 FR 12556, March 8, 2011). or lacking a principal inspector, the manager through Friday, except Federal holidays.
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FOR FURTHER INFORMATION CONTACT: If Dated: June 13, 2012. to take place from 9:30 p.m. to 9:50 p.m. you have questions on this rule, call or Randall D. Overton, on July 3, 2012, the safety zone will email the Bridge Administrator, Coast Bridge Administrator. increase in size to encompass the Guard Thirteenth District; telephone [FR Doc. 2012–15543 Filed 6–25–12; 8:45 am] navigable waters around and under the 206–220–7282 email BILLING CODE 9110–04–P fireworks barge within a radius 1,000 [email protected]. If you have feet at position 39°13′55″ N, 120°01′42″ questions on viewing the docket, call W (NAD 83) for the Kings Beach Renee V. Wright, Program Manager, DEPARTMENT OF HOMELAND Independence Day Fireworks display in Docket Operations, telephone 202–366– SECURITY 33 CFR 165.1191. This safety zone will 9826. be in effect from 7 a.m. until 10 p.m. on Coast Guard July 3, 2012. SUPPLEMENTARY INFORMATION: The Under the provisions of 33 CFR Oregon Department of Transportation 33 CFR Part 165 165.1191, unauthorized persons or has requested that the Interstate 5 [Docket No. USCG 2012–0417] vessels are prohibited from entering Bridges across the Columbia River into, transiting through, or anchoring in remain closed to vessel traffic to Safety Zone; Independence Day the safety zone during all applicable facilitate heavier than normal roadway Fireworks, Kings Beach, CA effective dates and times, unless traffic volume associated with a authorized to do so by the PATCOM. AGENCY: Coast Guard, DHS. fireworks show on July 4, 2012 near the Additionally, each person who receives ACTION: bridges. The I–5 Bridges cross the Notice of enforcement of notice of a lawful order or direction regulation. Columbia River at mile 106.5 and issued by an official patrol vessel shall obey the order or direction. The provide three designated navigation SUMMARY: The Coast Guard will enforce channels with vertical clearances the safety zone for the Kings Beach PATCOM is empowered to forbid entry ranging from 39 to 72 feet above Independence Day Fireworks display into and control the regulated area. The Columbia River Datum 0.0 while the lift from 7 a.m. until 10 p.m. on July 3, PATCOM shall be designated by the Commander, Coast Guard Sector San spans are in the closed position. Vessels 2012. This action is necessary to protect Francisco. The PATCOM may, upon which do not require a bridge opening life and property of the maritime public request, allow the transit of commercial may continue to transit beneath the from the hazards associated with the fireworks display. During the vessels through regulated areas when it bridges during this closure period. is safe to do so. Under normal operation the bridges enforcement period, unauthorized persons or vessels are prohibited from This notice is issued under authority operate in accordance with 33 CFR of 33 CFR 165.1191 and 5 U.S.C. 552(a). 117.869, which states that the draws entering into, transiting through, or anchoring in the safety zone, unless In addition to this notice in the Federal shall open on signal except that the Register, the Coast Guard will provide draws need not open 6:30 a.m. to 9 a.m. authorized by the Patrol Commander (PATCOM). the maritime community with extensive and from 2:30 p.m. to 6 p.m., Monday advance notification of the safety zone through Friday excluding federal DATES: The regulations in 33 CFR and its enforcement period via the Local holidays. This deviation period is from 165.1191, Table 1, number 20, will be Notice to Mariners. 9 p.m. on July 4, 2012 through 11:59 enforced from 7 a.m. through 10 p.m. on If the Captain of the Port determines p.m., July 4, 2012. The deviation allows July 3, 2012. that the regulated area need not be the lift spans of the I–5 Bridges across FOR FURTHER INFORMATION CONTACT: If enforced for the full duration stated in the Columbia River, mile 106.5, to you have questions on this notice, call this notice, a Broadcast Notice to remain in the closed position and need or email Ensign William Hawn, Sector Mariners may be used to grant general not open for maritime traffic from 9 p.m. San Francisco Waterways Safety permission to enter the regulated area. through 11:59 p.m. on July 4, 2012. The Division, U.S. Coast Guard; telephone Dated: June 6, 2012. 415–399–7442, email D11-PF- lift spans will be required to open, if Cynthia L. Stowe, [email protected]. needed, for vessels engaged in Captain, U.S. Coast Guard, Captain of the emergency response operations during SUPPLEMENTARY INFORMATION: The Coast Port San Francisco. this closure period. The bridge shall Guard will enforce a safety zone in [FR Doc. 2012–15545 Filed 6–25–12; 8:45 am] operate in accordance with 33 CFR navigable waters around and under the BILLING CODE 9110–04–P 117.869 at all other times. Waterway fireworks barge within a radius of 100 usage on this stretch of the Columbia feet during the loading, transit, and River includes vessels ranging from arrival of the fireworks barge to the DEPARTMENT OF HOMELAND commercial tug and tow vessels to display location and until the start of SECURITY recreational pleasure craft. Mariners the fireworks display. From 7 a.m. until will be notified and kept informed of 9 a.m. on July 3, 2012, the fireworks Coast Guard barge will be loaded off of Tahoe Keys the bridge’s operational status via the Marina in South Lake Tahoe, CA at 33 CFR Part 165 Coast Guard Notice to Mariners position 38°56′05″ N, 120°00′09″ W publication. (NAD 83). From 9 a.m. to 11 a.m. on [Docket No. USCG–2012–0428] In accordance with 33 CFR 117.35(e), July 3, 2012, the loaded barge will the drawbridges must return to their transit from Tahoe Keys Marina to the Eighth Coast Guard District Annual regular operating schedule immediately launch site off of Kings Beach, CA at Safety Zones; Biloxi Bay Fireworks; at the end of the designated time period. position 39°13′55″ N, 120°01′42″ W Biloxi Bay; Biloxi, MS This deviation from the operating (NAD 83) where it will remain until the AGENCY: Coast Guard, DHS. regulations is authorized under 33 CFR commencement of the fireworks ACTION: Notice of enforcement of display. Upon the commencement of the 117.35. regulation. 20 minute fireworks display, scheduled
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SUMMARY: The Coast Guard will enforce Dated: May 31, 2012. www.regulations.gov or in hard copy at a Safety Zone for the Biloxi Bay D.J. Rose, the Air Planning and Development Fireworks event in Biloxi Bay, Biloxi, Captain, U.S. Coast Guard, Captain of the Branch, Air and Waste Management MS from 8:30 p.m. until 10 p.m. on July Port Mobile. Division, U.S. Environmental Protection 4, 2012. This action is necessary to [FR Doc. 2012–15550 Filed 6–25–12; 8:45 am] Agency, Region 7, 901 North 5th Street, safeguard participants and spectators, BILLING CODE 9110–04–P Kansas City, Kansas, 66101. EPA including all crews, vessels, and requests that if at all possible, you persons on navigable waters during the contact the person listed in the FOR Biloxi Bay Fireworks. During the ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT section enforcement period, entry into, AGENCY for further information. The regional transiting or anchoring in the Safety office’s official hours of business are Zone is prohibited to all vessels not 40 CFR Part 52 Monday through Friday, 8:30 to 4:30, registered with the sponsor as excluding Federal holidays. [EPA–R07–OAR–2012–0150; FRL–9687–9] participants or official patrol vessels, FOR FURTHER INFORMATION CONTACT: unless specifically authorized by the Approval and Promulgation of Chrissy Wolfersberger, Air Planning and Captain of the Port (COTP) Mobile or a Implementation Plans; State of Iowa: Development Branch, U.S. designated representative. Regional Haze Environmental Protection Agency, DATES: The regulations in 33 CFR Region 7, 901 North 5th Street, Kansas 165.801, Table 1, Table No. 148 will be AGENCY: Environmental Protection City, Kansas 66101; by telephone at enforced from 8:30 p.m. until 10 p.m. on Agency (EPA). (913) 551–7864; or by email at July 4, 2012. ACTION: Final rule. [email protected]. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of SUMMARY: EPA is finalizing a limited SUPPLEMENTARY INFORMATION: enforcement, call or email LT Lenell J. approval of a revision to the State Throughout this document, the terms Carson, Coast Guard Sector Mobile, Implementation Plan (SIP) for Iowa, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Waterways Division; telephone 251– submitted by the Iowa Department of Table of Contents 441–5940 or email Natural Resources on March 25, 2008, I. Background [email protected]. that addresses Regional Haze for the first implementation period. II. Public Comments and EPA Responses SUPPLEMENTARY INFORMATION: The Coast Specifically, these revisions address the III. Technical Corrections Guard will enforce the Safety Zone for IV. Final Action requirements of the Clean Air Act (CAA V. Statutory and Executive Order Reviews the annual Biloxi Bay Fireworks event or Act) and EPA’s rules that required listed in 33 CFR 165.801 Table 1, Table States to prevent any future and remedy I. Background No. 148; Sector Mobile No. 7, on July 4, any existing anthropogenic impairment On February 28, 2012 (77 FR 11974), 2012, from 8:30 p.m. until 10 p.m. of visibility in Class I areas (national Under the provisions of 33 CFR EPA published a notice of proposed parks and wilderness areas) caused by 165.801, entry into the safety zone listed rulemaking (NPR) for the State of Iowa, emissions of air pollutants located over in Table 1, Table No. 148, is prohibited proposing limited approval of Iowa’s a wide geographic area (also known as unless authorized by the Captain of the regional haze plan for the first the ‘‘regional haze’’ program). EPA Port or a designated representative. implementation period (through 2018). proposed to approve these revisions on Persons or vessels desiring to enter into A detailed explanation of the CAA’s February 28, 2012. In a separate or passage through the Safety Zone must visibility requirements and the regional rulemaking action, EPA finalized the request permission from the Captain of haze rule as it applies to Iowa was limited disapproval of Iowa’s regional the Port or a designated representative. provided in the NPR and will not be haze SIP and imposed a Federal If permission is granted, all persons and restated here. EPA’s rationale for Implementation Plan (FIP) for Iowa vessels shall comply with the proposing limited approval of the Iowa which was signed on May 30, 2012, and instructions of the Captain of the Port or SIP was also described in detail in the published in the Federal Register on designated representative. proposal. June 7, 2012. This notice is issued under authority DATES: This rule will become effective II. Public Comments and EPA of 5 U.S.C. 552(a); 33 U.S.C. 1231; 46 Responses U.S.C. Chapter 701, 3306, 3703; 50 July 26, 2012, except that the U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, amendment to § 52.842 is effective The publication of EPA’s proposed 6.04–6, and 160.5; Pub. L. 107–295, 116 August 6, 2012. rule on February 28, 2012, initiated a 30 Stat. 2064; and Department of ADDRESSES: EPA has established a day public comment period that ended Homeland Security Delegation No. docket for this action under Docket on March 29, 2012. During the public 0170.1. In addition to this notice in the Identification No. EPA–R07–OAR– comment period we received no written Federal Register, the Coast Guard will 2012–0150. All documents in the docket comments. are listed on the www.regulations.gov provide the maritime community with III. Technical Corrections advance notification of this enforcement Web site. Although listed in the index, period via Local Notice to Mariners and some information is not publicly Table 2, ‘‘Iowa’s Absolute Marine Information Broadcasts. available, i.e., Confidential Business Contribution to Visibility Impairment, If the Captain of the Port Mobile or Information (CBI) or other information Northern Midwest Class I Areas’’ Patrol Commander determines that the whose disclosure is restricted by statute. contained one numerical error. Iowa’s Safety Zone need not be enforced for the Certain other material, such as 2002 contribution to Voyagers should full duration stated in this notice of copyrighted material, is not placed on read 2.16 rather than 2.60. enforcement, he or she may use a the Internet and will be publicly In Table 7, ‘‘2002 Iowa Emissions Broadcast Notice to Mariners to grant available only in hard copy form. Summary,’’ the NH3 area source general permission to enter the Publicly available docket materials are inventory should read 6,560 rather than regulated area. available either electronically through 6.560.
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IV. Final Action of the Paperwork Reduction Act (44 to develop an accountable process to U.S.C. 3501 et seq.); ensure ‘‘meaningful and timely input by EPA is finalizing its limited approval • Is certified as not having a tribal officials in the development of of the State of Iowa’s Regional Haze SIP, significant economic impact on a regulatory policies that have tribal submitted on March 25, 2008, as substantial number of small entities implications.’’ This rule does not have meeting some of the applicable regional under the Regulatory Flexibility Act tribal implications, as specified in haze requirements set forth in section (5 U.S.C. 601 et seq.); Executive Order 13175. It will not have 169A and 169B of the CAA and in the • Does not contain any unfunded substantial direct effects on tribal Federal regulations codified at 40 CFR mandate or significantly or uniquely governments. Thus, Executive Order 51.308, and the requirements of 40 CFR affect small governments, as described 13175 does not apply to this rule. part 51, subpart F and appendix V. In in the Unfunded Mandates Reform Act a separate rulemaking action, EPA of 1995 (Pub. L. 104–4); List of Subjects in 40 CFR Part 52 • finalized the limited disapproval of Does not have Federalism Air pollution control, Environmental Iowa’s Regional Haze SIP and imposed implications as specified in Executive protection, Incorporation by reference, a FIP for Iowa. 77 FR 33642. Order 13132 (64 FR 43255, August 10, Intergovernmental relations, Nitrogen 1999); oxides, Particulate matter, Reporting V. Statutory and Executive Order • Is not an economically significant Requirements and recordkeeping requirements, Sulfur regulatory action based on health or dioxide, Volatile organic compounds. Under the CAA, the Administrator is safety risks subject to Executive Order Dated: June 7, 2012. required to approve a SIP submission 13045 (62 FR 19885, April 23, 1997); • that complies with the provisions of the Is not a significant regulatory action Karl Brooks, Act and applicable Federal regulations. subject to Executive Order 13211 (66 FR Regional Administrator, Region 7. 28355, May 22, 2001); 42 U.S.C. 7410(k); 40 CFR 52.02(a). • 40 CFR part 52 is amended as follows: Thus, in reviewing SIP submissions, Is not subject to requirements of EPA’s role is to approve State choices, Section 12(d) of the National PART 52—[AMENDED] provided that they meet the criteria of Technology Transfer and Advancement ■ the CAA. Accordingly, this action Act of 1995 (15 U.S.C. 272 note) because 1. The authority citation for part 52 merely approves State law as meeting application of those requirements would continues to read as follows: Federal requirements and does not be inconsistent with the CAA; and Authority: 42 U.S.C. 7401 et seq. • Does not provide EPA with the impose additional requirements beyond discretionary authority to address, as those imposed by State law. For that Subpart Q—Iowa appropriate, disproportionate human reason, this action: health or environmental effects, using ■ • 2. In § 52.820 the table in paragraph Is not a ‘‘significant regulatory practicable and legally permissible (e) is amended by adding a new entry action’’ subject to review by the Office methods, under Executive Order 12898 (39) in numerical order to read as of Management and Budget under (59 FR 7629, February 16, 1994). follows: Executive Order 12866 (58 FR 51735, Executive Order 13175, entitled October 4, 1993); ‘‘Consultation and Coordination with § 52.820 Identification of plan. • Does not impose an information Indian Tribal Governments’’ (65 FR * * * * * collection burden under the provisions 67249, November 9, 2000), requires EPA (e) * * *
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Applicable Name of nonregulatory SIP geographic or State submittal provision nonattain- date EPA approval date Explanation ment area
******* (39) Regional Haze plan for the Statewide ..... 3/25/08 6/26/12, [Insert Federal Register § 52.842(a); Limited Approval. first implementation period. citation].
■ 3. Section 52.842 is amended by disapproval to the plan provisions ENVIRONMENTAL PROTECTION revising paragraph (a) to read as follows: addressing these requirements. AGENCY § 52.842 Visibility protection. * * * * * [FR Doc. 2012–15020 Filed 6–25–12; 8:45 am] 40 CFR Part 52 (a) Regional Haze. The requirements BILLING CODE 6560–50–P of section 169A of the Clean Air Act are [EPA–R07–OAR–2012–0153; FRL–9688–1] not met because the regional haze plan Approval and Promulgation of submitted by Iowa on March 25, 2008, Implementation Plans; State of does not include fully approvable Missouri: Regional Haze measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) AGENCY: Environmental Protection with respect to emissions of NOX and Agency (EPA). SO2 from electric generating units. EPA ACTION: Final rule. has given limited approval and limited SUMMARY: EPA is finalizing a limited approval of a revision to the State
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Implementation Plan (SIP) for Missouri, SUPPLEMENTARY INFORMATION: Commenter cites to several Federal submitted by the Missouri Department Throughout this document, the terms appellate court decisions to support its of Natural Resources on August 5, 2009, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. contention that 110(k) of the Act limits and supplemented on January 30, 2012, EPA to ‘‘a conditional approval, a Table of Contents that addresses Regional Haze for the partial approval and disapproval, or a first implementation period. I. Background full approval.’’ Specifically, these revisions address the II. Public Comments and EPA Responses Response 1: The cases cited by the requirements of the Clean Air Act (CAA III. Final Action Commenter in support of its contentions or Act) and EPA’s rules that required IV. Statutory and Executive Order Reviews did not involve challenges to a limited States to prevent any future and remedy I. Background approval approach and therefore are not applicable here. As discussed in the any existing anthropogenic impairment On February 28, 2012 (77 FR 11958), September 7, 1992, EPA memorandum of visibility in Class I Areas (national EPA published a notice of proposed cited in the notice of proposed parks and wilderness areas) caused by rulemaking (NPR) for the State of rulemaking,2 although section 110(k) of emissions of air pollutants located over Missouri, proposing limited approval of a wide geographic area (also known as the CAA may not expressly provide Missouri’s regional haze plan for the the ‘‘regional haze’’ program). States are authority for limited approvals, the first implementation period (through required to assure reasonable progress plain language of section 301(a) does 2018). A detailed explanation of the toward the national goal of achieving provide ‘‘gap-filling’’ authority CAA’s visibility requirements and the natural visibility conditions in Class I authorizing the Agency to ‘‘prescribe regional haze rule as it applies to areas. EPA proposed to approve these such regulations as are necessary to Missouri was provided in the NPR and revisions on February 28, 2012 (77 FR carry out’’ EPA’s CAA functions. EPA will not be restated here. EPA’s 11958). In a separate rulemaking action, may rely on section 301(a) in rationale for proposing limited approval EPA finalized the limited disapproval of conjunction with the Agency’s SIP of the Missouri SIP was described in Missouri’s regional haze SIP and approval authority in section 110(k)(3) detail in the proposal, and is further imposed a Federal Implementation Plan to issue limited approvals where it has described in this final rulemaking. (FIP) for Missouri on June 7, 2012. 77 determined that a submittal strengthens FR 33642. II. Public Comments and EPA a given state SIP and that the provisions DATES: This rule will become effective Responses meeting the applicable requirements of the Act are not separable from the July 26, 2012, except that the The publication of EPA’s proposed provisions that do not meet the Act’s amendment to § 52.1339 is effective rule on February 28, 2012, initiated a 30 requirements. EPA has adopted the August 6, 2012. day public comment period that ended limited approval approach numerous ADDRESSES: EPA has established a on March 29, 2012. During the public times in SIP actions across the nation docket for this action under Docket comment period we received one set of over the last twenty years. Limited Identification No. EPA–R07–OAR– written comments from Earthjustice on approval and limited disapproval 2012–0153. All documents in the docket behalf of the Natural Resources Defense actions are appropriate here because are listed on the www.regulations.gov Council and Sierra Club (collectively, EPA has determined that Missouri’s SIP Web site. Although listed in the index, the ‘‘Commenter’’).1 We have revisions addressing regional haze, as a some information is not publicly summarized the comments and whole, strengthen the State’s SIP and available, i.e., Confidential Business provided our responses below. A full because the provisions in the SIP Information (CBI) or other information copy of the comment letter is available revisions are not separable. whose disclosure is restricted by statute. in the docket for this rulemaking. Moreover, adopting the Commenter’s Comment 1: The Commenter asserts Certain other material, such as position would ignore section 301 and that EPA does not have the authority copyrighted material, is not placed on violate the ‘‘fundamental canon of under the CAA to issue a limited the Internet and will be publicly statutory construction that the words of approval and concurrent limited available only in hard copy form. a statute must be read in their context disapproval of Missouri’s regional haze Publicly available docket materials are and with a view to their place in the SIP. The Commenter contends that available either electronically through overall statutory scheme, * * *. A court section 110(k) of the Act only allows www.regulations.gov or in hard copy at must therefore interpret the statute ‘as a EPA to fully approve, partially approve, the Air Planning and Development symmetrical and coherent regulatory and partially disapprove, conditionally Branch, Air and Waste Management scheme,’ * * * and ‘fit, if possible, all approve, or fully disapprove a SIP. The Division, U.S. Environmental Protection parts into an harmonious whole.’ ’’ FDA Commenter contends that regional haze Agency, Region 7, 901 North 5th Street, v. Brown & Williamson Tobacco Corp., SIPs are not like other SIP submissions Kansas City, Kansas, 66101. EPA 529 U.S. 120, 133 (2000) (quoting Davis and must be ‘‘submitted as a whole’’ requests that if at all possible, you v. Michigan Dept. of Treasury, 489 U.S. FOR and therefore, EPA cannot grant limited contact the person listed in the 803, 809 (1989), Gustafson v. Alloyd FURTHER INFORMATION CONTACT approval to a state SIP while proposing section Co., 513 U.S. 561, 569 (1995), and FTC to issue a partial FIP. The Commenter for further information. The regional v. Mandel Brothers, Inc., 359 U.S. 385, also contends that EPA is required to office’s official hours of business are 389 (1959). Monday through Friday, 8:30 to 4:30, determine whether the submittal ‘‘meets The Commenter’s claim that regional excluding Federal holidays. all applicable requirements’’ of section haze SIPs are somehow different from FOR FURTHER INFORMATION CONTACT: 110 (k) and does not allow EPA to other SIPs is unfounded and not Chrissy Wolfersberger, Air Planning and approve the submittal on the grounds Development Branch, U.S. that it strengthens the Missouri SIP. The 2 Processing of State Implementation Plan (SIP) Environmental Protection Agency, Revisions, EPA Memorandum from John Calcagni, Region 7, 901 North 5th Street, Kansas 1 After the close of the public comment period, Director, Air Quality Management Division, EPA received comments in support of the proposed OAQPS, to Air Division Directors, EPA Regional City, Kansas 66101; by telephone at rule from the U.S. Forest Service. A copy of the Offices I–X, September 7, 1992, (‘‘1992 Calcagni (913) 551–7864; or by email at comment letter is available in the docket for this Memorandum’’) located at http://www.epa.gov/ttn/ [email protected]. rulemaking. caaa/t1/memoranda/siproc.pdf.
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supported by the case law cited or the strategy (LTS) do not meet the Comment 4: The Commenter states CAA. Notably, the Commenter cites no applicable regional haze requirements that EPA should disapprove Missouri’s authority for its contention that regional and are not separable from the long-term strategy because Missouri’s haze SIPs must be ‘‘submitted as provisions that meet the applicable SIP is insufficient to address Missouri’s whole.’’ In any event, today’s action requirements of the Act, a partial visibility impact on Class I areas in combined with the ‘‘Transport Rule disapproval would prevent any of the other states, particularly the Wichita Better than BART’’ FIP 77 FR 33642 SIP’s air quality benefits from being Mountains Class I area in Oklahoma address all applicable requirements for realized until EPA promulgated a FIP or (WIMO) and the Boundary Waters Class Missouri with respect to the regional approved a revised SIP to addresses the I area in Minnesota (BOWA). The haze requirements of the Act. deficiencies. Furthermore, the two-year Commenter states that Missouri’s Comment 2: The Commenter states clock to promulgate a FIP to remedy the reliance on on-the-books requirements that EPA must partially disapprove deficiencies is triggered by the limited for EGUs, mobile sources, area sources, Missouri’s regional haze SIP submittal disapproval just as it would be triggered other point sources, and CAIR without because it relied on the Clean Air by a partial disapproval. On December requiring additional emissions Interstate Rule (CAIR). The Commenter 30, 2011, EPA proposed to find that the reductions at various facilities is not cites to the proposed Kentucky SIP to trading programs in the Transport Rule sufficient to meet the requirements of show that Missouri’s long-term strategy, would achieve greater reasonable the regional haze rule. The Commenter reasonable progress goals (RPGs) and progress towards the national goal than states that Missouri’s analysis of impact decision to exempt electric generating would BART in the states in which the of its sources on out-state Class I areas units (EGUs) from Best Available Transport Rule applies. See 76 FR is not supported by modeling. Further, Retrofit Technology (BART) should be 82219. Based on this proposed finding, the Commenter states that Missouri’s disapproved due to the deficiencies EPA also proposed a FIP for Missouri in reliance on cost as the basis for not identified in CAIR by the court and the that action that would substitute requiring controls is incorrect and impact of the Transport Rule on CAIR. participation in the trading programs Missouri should focus on whether it has Response 2: This comment is based under the Transport Rule for done its share to reduce visibility on the incorrect premise that through participation in CAIR for the purposes impact in those Class I areas. this rulemaking EPA is exempting of satisfying regional haze requirements Response 4: EPA disagrees with the Missouri sources from BART and would remedy the CAIR-related Commenter that Missouri’s long-term requirements. In 2008, the DC Circuit deficiencies discussed above. EPA strategy does not adequately address remanded CAIR back to the Agency finalized this action on June 7, 2012. 77 visibility impacts on Class I areas in because the court believed that CAIR FR 33642. See also EPA’s response to other states, such as in WIMO in was inconsistent with the requirements comments on the Transport Better than Oklahoma, and BOWA in Minnesota. of the CAA. Although CAIR may not BART rulemaking. 77 FR 33642. Further, the Commenter provides no remain in effect indefinitely, it is evidence that Missouri has not Comment 3: The Commenter currently in force, and the State’s addressed its fair share of emission identifies its opposition to EPA’s reliance on CAIR was fully consistent reductions. with EPA’s regulations at the time that December 30, 2011, proposed As described in the proposal, Missouri developed its regional haze rulemaking to find that the Transport Missouri properly entered into the SIP. As explained in the February 28, Rule is better than BART and to ‘‘use consultation process with both 2011, rulemaking (77 FR 11958), EPA is the Transport Rule as an alternative to Oklahoma and Minnesota and provided taking a limited approval action because BART’’ for Missouri and other states sufficient evidence to demonstrate its the revisions as a whole strengthen the subject to the Transport Rule. The long-term strategy includes all measures SIP and because the action is consistent Commenter incorporates by reference its necessary to obtain its share of emission with the court’s intention to keep CAIR comments on that December 30, 2011, reductions as required by the regional temporarily in place. The limited proposed rulemaking ‘‘by reference’’ haze rule. approval results in an approval of the and outlines several of those comments, Missouri appropriately concluded entire regional haze submission and all including its arguments that the additional controls on Missouri’s of its elements, preserving the visibility Transport Rule is not ‘‘better than sources are not reasonable due to the benefits offered by the SIP until CAIR is BART’’ and that EPA cannot rely on the limited visibility improvement at replaced by the Transport Rule. EPA Transport Rule as an ‘‘alternative WIMO. In a September 17, 2007, letter recently demonstrated that the program to BART.’’ from Missouri to Oklahoma, Missouri Transport Rule is better than BART. 77 Response 3: In today’s rule, EPA is responded to Oklahoma’s conclusion FR 33642. EPA took a limited taking final action on the limited that Missouri is reasonably anticipated disapproval action because the Agency approval of Missouri’s regional haze to contribute to visibility impairment at cannot fully approve regional haze SIP SIP. The Commenter correctly WIMO. Missouri noted that, based on revisions that rely on CAIR for recognizes that EPA did not propose to the PSAT analysis presented by emissions reductions measures for the find that participation in the Transport Oklahoma, over half the elevated point- reasons discussed in Section III of the Rule is an alternative to BART in this source impacts to WIMO are from February 28, 2011, proposed rulemaking. As noted above, EPA made sources in Oklahoma, Texas, and rulemaking. 77 FR 11958. See also 77 this proposed finding in a separate Louisiana, and most of the area source FR 33642. EPA’s response to Comment action on December 30, 2011, and the impacts are from Oklahoma and Texas 1, above, explains the Agency’s Commenter is merely reiterating and sources. Missouri’s analysis shows that authority to take limited approval and incorporating its comments on that its sources only account for about 2.5 limited disapproval actions under the separate action. These comments are percent and 2.75 percent visibility CAA. therefore not relevant to this rulemaking impairment at WIMO in 2002 and 2018, EPA disagrees with the Commenter’s but have been addressed, as appropriate, respectively based on the PSAT request for a partial disapproval of the by EPA in its final action on the modeling. Additionally, Missouri SIP. Because the SIP provisions relying December 30, 2011, proposed rule. 77 questioned Oklahoma’s use of one on CAIR, including the long term FR 33642. inverse megameter to determine the
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contribution threshold. Missouri found four-factor analysis examined the limited emissions of any visibility that this low threshold, combined with effectiveness of additional emissions impairing pollutant to less than 100 tons Oklahoma’s reliance upon a one metric reductions from Missouri sources on per year. A copy of MDNR’s letter is in test using Particulate Matter Source visibility improvement in Missouri the docket for this rulemaking. Apportionment Technology (PSAT), as Class I areas and examined all Moreover, MDNR has stated in its opposed to multiple tests utilized for anthropogenic source categories, letter, and EPA agrees, that Holcim must the Central Class I Areas for determining including point, area, on-road and off- continue to meet all applicable federal contribution, resulted in an analysis that road mobile, with a focus on large point and state regulations and if conditions was too narrow. As a result of this sources. Missouri’s four-factor analysis change, new standards are promulgated, narrow analysis, Missouri was found to supports EPA’s conclusion that or if Holcim intends to add or re-start be contributing to WIMO while many Missouri appropriately determined that any equipment, a new operating and/or other states were left out with no strong the amount of visibility improvement construction permit may be necessary. rationale in Oklahoma’s analysis as to from additional controls on point By choosing to shutdown in accordance why these states were treated sources would not have a significant with the Consent Agreement, Holcim differently. Missouri also questioned impact on Missouri Class I areas. EPA will not operate the BART-eligible units how Oklahoma’s analysis could believes the same determination could at the Clarksville facility, therefore, EPA conclude that Missouri sources were be made regarding Missouri’s impact on does not need to address the contributing to WIMO, which is located more distant Class I areas in other states. Commenter’s issues regarding the BART 200 to 250 miles from Missouri’s It is reasonable to conclude from limits for the facility. western border, but Missouri’s analysis Missouri’s modeling and four-factor showed that the emission reductions analysis that the increased distance III. Final Action obtained by Missouri would address from Missouri sources to the Oklahoma EPA is finalizing a limited approval of reasonable progress goals in nearby and Minnesota Class I areas would only the State of Missouri’s Regional Haze Central Class I areas in Missouri and decrease the previously demonstrated SIP, submitted on August 5, 2009, with Arkansas. Missouri’s analysis and limited effectiveness of additional supplemental information provided on conclusions regarding Missouri source emission reductions from Missouri January 30, 2012, as meeting some of the contributions to WIMO were reasonable. sources. applicable regional haze requirements Further, EPA disagrees with the Comment 5: The Commenter states set forth in section 169A and 169B of Commenter’s assertion that Missouri that Missouri’s proposed BART limits the Act and in the Federal regulations inappropriately relied upon costs to rule for the Holcim-Clarksville facility fail to codified at 40 CFR 51.300–308, and the out additional emission controls at satisfy the requirements of BART. The requirements of 40 CFR part 51, subpart Missouri sources. Missouri did not Commenter states that the sulfur F and appendix V. solely rely on estimation of costs, but dioxide (SO2) control option selected as instead considered the limited potential BART for the facility is flawed and not IV. Statutory and Executive Order visibility improvements of additional approvable as BART for two reasons. Requirements controls based on the modeling in First, the Commenter argues that the Under the Clean Air Act, the addition to consideration of cost. EPA cost of the wet scrubber was Administrator is required to approve a also notes that Oklahoma did not inaccurately inflated. Second, the SIP submission that complies with the respond to Missouri’s September 17, Commenter states that Missouri provisions of the Act and applicable 2007 letter with any additional analysis. Department of Natural Resources Federal regulations. 42 U.S.C. 7410(k); Missouri also entered into a (MDNR) assumed an incorrect removal 40 CFR 52.02(a). Thus, in reviewing SIP consultation process with Minnesota. efficiency for a dry scrubber. The submissions, EPA’s role is to approve Minnesota identified Missouri as a Commenter also states that the nitrogen State choices, provided that they meet contributing state to the BOWA based oxides (NO ) control option selected as X the criteria of the CAA. Accordingly, on a Lake Michigan Air Directors BART for the Holcim-Clarksville facility this action merely approves State law as Consortium (LADCO) trajectory is flawed because EPA has ‘‘concluded meeting Federal requirements and does analysis. Missouri relied upon PSAT that BART is a combination of selective not impose additional requirements modeling analysis to estimate the non-catalytic reduction (SNCR) and beyond those imposed by State law. For potential visibility benefit at BOWA if Low-NO burner’’ for a Holcim facility X that reason, this action: Missouri were to require additional located in Montana. • emissions reductions from Missouri Response 5: In a letter dated Is not a ‘‘significant regulatory sources. Missouri relied upon the PSAT November 20, 2010, Holcim requested action’’ subject to review by the Office modeling analysis to demonstrate that that the State terminate the operating of Management and Budget under the overwhelming majority of emissions permit for the emission units at the Executive Order 12866 (58 FR 51735, impacts on BOWA are from Minnesota source that are subject to BART because October 4, 1993); and neighboring states, with Missouri it curtailed operations at Holcim- • Does not impose an information contributing less than 3 percent in 2002 Clarksville so that the facility will no collection burden under the provisions and 2018. Based on this modeling longer manufacture Portland cement or of the Paperwork Reduction Act (44 analysis, EPA believes Missouri burn hazardous fuel. The curtailment of U.S.C. 3501 et seq.); appropriately concluded additional operations conforms to the State • Is certified as not having a emission reductions from Missouri Consent Agreement (Appendix S), significant economic impact on a sources were not reasonable due to the which EPA is approving into the SIP in substantial number of small entities likely limited visibility improvement at today’s action. In its June 23, 2011, under the Regulatory Flexibility Act BOWA. response to Holcim’s request, MDNR (5 U.S.C. 601 et seq.); We also used Missouri’s reasonable revised Holcim’s Title V permit to be a • Does not contain any unfunded further progress (RFP) analysis to Basic State Operating permit; removed mandate or significantly or uniquely provide further support to our the BART-eligible emission units from affect small governments, as described determination of the adequacy of the permit, which thereby prohibits in the Unfunded Mandates Reform Act Missouri’s long-term strategy. Missouri’s Holcim from operating those units; and of 1995 (Pub. L. 104–4);
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• Does not have Federalism Indian Tribal Governments’’ (65 FR PART 52—[AMENDED] implications as specified in Executive 67249, November 9, 2000), requires EPA Order 13132 (64 FR 43255, August 10, to develop an accountable process to ■ 1. The authority citation for part 52 1999); ensure ‘‘meaningful and timely input by continues to read as follows: • Is not an economically significant tribal officials in the development of regulatory action based on health or regulatory policies that have tribal Authority: 42 U.S.C. 7401 et seq. safety risks subject to Executive Order implications.’’ This rule does not have Subpart AA—Missouri 13045 (62 FR 19885, April 23, 1997); tribal implications, as specified in • Is not a significant regulatory action Executive Order 13175. It will not have ■ subject to Executive Order 13211 (66 FR substantial direct effects on tribal 2. In § 52.1320: 28355, May 22, 2001); governments. Thus, Executive Order ■ a. The table in paragraph (d) is • Is not subject to requirements of 13175 does not apply to this rule. amended by adding a new entry (26) in Section 12(d) of the National numerical order; and Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 Act of 1995 (15 U.S.C. 272 note) because ■ b. The table in paragraph (e) is application of those requirements would Air pollution control, Environmental amended by adding a new entry (57) in be inconsistent with the CAA; and protection, Incorporation by reference, numerical order. Intergovernmental relations, Nitrogen • Does not provide EPA with the The additions read as follows: discretionary authority to address, as oxides, Particulate matter, Reporting appropriate, disproportionate human and recordkeeping requirements, Sulfur § 52.1320 Identification of plan. dioxide, Volatile organic compounds. health or environmental effects, using * * * * * practicable and legally permissible Dated: June 7, 2012. (d) EPA-approved State source- methods, under Executive Order 12898 Karl Brooks, specific permits and orders. (59 FR 7629, February 16, 1994). Regional Administrator, Region 7. Executive Order 13175, entitled ‘‘Consultation and Coordination with 40 CFR part 52 is amended as follows:
EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
Order/permit Name of source No. State effective date EPA approval date Explanation
******* (26) Holcim ...... April 19, 2009 ...... June 26, 2012, [Insert Federal § 52.1339(c); Limited Approval. Register citation].
(e) EPA approved nonregulatory provisions and quasi-regulatory measures.
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP Applicable geographic or provision nonattainment area State submittal date EPA approval date Explanation
******* (57) Regional Haze Plan Statewide ...... 8/5/09, supplemented 6/26/12, [Insert Federal § 52.1339(c); Limited Ap- for the first implementa- 1/30/12. Register citation]. proval. tion period.
■ 3. Section 52.1339 is amended by disapproval to the plan provisions DEPARTMENT OF COMMERCE revising paragraph (c) to read as follows: addressing these requirements. [FR Doc. 2012–15021 Filed 6–25–12; 8:45 am] National Oceanic and Atmospheric § 52.1339 Visibility protection. Administration BILLING CODE 6560–50–P * * * * * (c) Regional Haze. The requirements 50 CFR Part 635 of section 169A of the Clean Air Act are [Docket No. 110210132–1275–02] not met because the regional haze plan submitted by Missouri on August 5, RIN 0648–XC055 2009, and supplemented on January 30, Atlantic Highly Migratory Species; 2012, does not include fully approvable Atlantic Bluefin Tuna Fisheries measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) AGENCY: National Marine Fisheries with respect to emissions of NOX and Service (NMFS), National Oceanic and SO2 from electric generating units. EPA Atmospheric Administration (NOAA), has given limited approval and limited Commerce.
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ACTION: Temporary rule; closure. for incidental catch of BFT by pelagic 9260, or access www.hmspermits.gov, longline vessels fishing in the NED, an for fishery updates. SUMMARY: NMFS closes the incidental area far offshore the northeastern United Longline category northern area fishery States. The NED is the Atlantic Ocean Classification for large medium and giant Atlantic area bounded by straight lines The Assistant Administrator for bluefin tuna (BFT) for the remainder of connecting the following coordinates in 2012. Fishing for, retaining, possessing, ° ′ ° ′ NMFS (AA) finds that it is impracticable the order stated: 35 00 N. lat., 60 00 W. and contrary to the public interest to or landing BFT in the Longline category long.; 55°00′ N. lat., 60°00′ W. long.; provide prior notice of, and an northern area is prohibited for the 55°00′ N. lat., 20°00′ W. long.; 35°00′ N. opportunity for public comment on, this remainder of 2012. The Longline fishery lat., 20°00′ W. long.; 35°00′ N. lat., action for the following reasons: in the Northeast Distant gear restricted 60°00′ W. long. This action is taken area (NED) remains open at this time. consistent with the regulations at The closure of the Longline category This action is being taken to prevent §§ 635.27(a)(3) and 635.28(a)(1). NMFS northern area BFT fishery, i.e., overharvest of the Longline category accounts for landings under the 25-mt prohibiting further BFT landings against northern area BFT subquota. NED allocation separately from other the Longline category northern area DATES: Effective 11:30 p.m., local time, Longline category landings. subquota is necessary to prevent June 30, 2012, through December 31, NMFS is required, under overharvest of the Longline northern 2012. § 635.28(a)(1), to file a closure notice area BFT subquota. NMFS provides FOR FURTHER INFORMATION CONTACT: with the Office of the Federal Register notification of closures by publishing Sarah McLaughlin or Brad McHale, for publication when a BFT quota is the notice in the Federal Register, 978–281–9260. reached or is projected to be reached. emailing individuals who have SUPPLEMENTARY INFORMATION: On and after the effective date and time subscribed to the Atlantic HMS News Regulations implemented under the of such notification, for the remainder of electronic newsletter, and updating the authority of the Atlantic Tunas the fishing year, or for a specified period information posted on the Atlantic Convention Act (16 U.S.C. 971 et seq.) as indicated in the notification, fishing Tunas Information Line and on and the Magnuson-Stevens Fishery for, retaining, possessing, or landing www.hmspermits.gov. BFT under that quota category is Conservation and Management Act These fisheries are currently (Magnuson-Stevens Act; 16 U.S.C. 1801 prohibited until the opening of the underway, and delaying this action et seq.) governing the harvest of BFT by subsequent quota period or until such would be contrary to the public interest persons and vessels subject to U.S. date as specified in the notice. Earlier jurisdiction are found at 50 CFR part this year, NMFS announced a closure of as it could result in excessive BFT 635. Section 635.27(a) subdivides the the Longline category southern area BFT landings, which could have adverse U.S. BFT quota recommended by the fishery, effective May 29, 2012 (77 FR effects on the stock and/or may result in International Commission for the 31546, May 29, 2012). future potential quota reductions for the Conservation of Atlantic Tunas (ICCAT) Based on the best available landings Longline category. NMFS must close the among the various domestic fishing information for the incidental Longline Longline category northern area fishery categories, consistent with the category northern area BFT fishery (i.e., to landings before large medium and allocations established in the 2006 23.7 mt of the available 29.9 mt landed giant BFT exceed the available subquota Consolidated Atlantic Highly Migratory as of June 14, 2012), NMFS projects that for that area. Therefore, the AA finds Species Fishery Management Plan the Longline category northern area BFT good cause under 5 U.S.C. 553(b)(B) to (Consolidated HMS FMP) (71 FR 58058, subquota will be reached by the end of waive prior notice and the opportunity October 2, 2006) and subsequent June 2012. Given the extended duration for public comment. For all of the above rulemaking. of longline fishing trips in the northern reasons, there is good cause under 5 Under § 635.27(a)(3), the total amount area, NMFS has determined that a U.S.C. 553(d) to waive the 30-day delay of large medium and giant BFT closure of the Longline category in effectiveness. (measuring 73 inches (185 cm) curved northern area bluefin tuna fishery is This action is being taken under fork length (CFL) or greater) that may be warranted at this time. Therefore, §§ 635.27(a)(3) and 635.28(a)(1), and is caught incidentally and retained, through December 31, 2012, fishing for, possessed, or landed by vessels that retaining, possessing, or landing large exempt from review under Executive possess Longline category Atlantic medium or giant BFT north of 31°00′ N. Order 12866. Tunas permits is 8.1 percent of the lat., other than BFT caught inside the Authority: 16 U.S.C. 971 et seq. and 1801 baseline annual U.S. BFT quota. NMFS NED, by vessels permitted in the et seq. Atlantic tunas Longline category must may allocate no more than 60 percent of Dated: June 20, 2012. the Longline category incidental BFT cease at 11:30 p.m. local time on June quota may be allocated for landing in 30, 2012. The Longline fishery in the Emily H. Menashes, the area south of 31°00′ N. lat. (i.e., the NED remains open at this time. The Acting Director, Office of Sustainable ‘‘southern area’’), with the remainder intent of this closure is to prevent Fisheries, National Marine Fisheries Service. allocated for landing in the area north overharvest of the Longline category [FR Doc. 2012–15575 Filed 6–21–12; 4:15 pm] of 31°00′ N. lat. (i.e., the ‘‘northern northern area BFT subquota. BILLING CODE 3510–22–P area’’). The current Longline category NMFS will continue to monitor baseline BFT quota is 74.8 mt, with 29.9 incidental Longline category BFT mt allocated to the northern area. landings from the NED against the 25 mt In addition to the Longline category allocated for that area and may take quota of 74.8 mt, 25 mt are allocated, further action, if necessary. Any consistent with ICCAT subsequent adjustments to the Longline Recommendation 10–03 (Supplemental category fishery for 2012 would be Recommendation by ICCAT concerning published in the Federal Register. In the Western BFT Rebuilding Program), addition, fishermen may call (978) 281–
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DEPARTMENT OF COMMERCE Rockfish Pilot Program in 2007, 2008, qualification for QS is based on rockfish and 2009 was limited to (1) those legal landings made to an entry level National Oceanic and Atmospheric vessels that did not make landings in processor in 2007, 2008, or 2009. Administration the Central GOA rockfish fishery from Therefore, NMFS clarifies regulations 1996 through 2002, and (2) those for the Rockfish Program in text at 50 CFR Part 679 processors that did not meet a minimum § 679.80(e)(1)(ii) describing the [Docket No. 120613165–2167–01] amount of annual primary rockfish distribution of rockfish QS to entry level processing in the Central GOA rockfish trawl applicants, and in the calculation RIN 0648–BC23 fishery from 1996 through 2000. procedure at § 679.80(e)(3)(i) that Additional detail on the entry level assigns one Rockfish Landing Unit to an Fisheries of the Exclusive Economic trawl fishery can be found in the LLP license for each year a rockfish Zone Off Alaska; Groundfish of the preamble to the final rule that legal landing of any rockfish primary Gulf of Alaska; Amendment 88; implemented the entry level trawl species was made during the season Correction fishery and is not repeated here (71 FR dates for the entry level trawl fishery in AGENCY: National Marine Fisheries 67210; November 20, 2006). 2007, 2008, or 2009. This correction Service (NMFS), National Oceanic and Need for Correction clarifies that qualification for QS in the Atmospheric Administration (NOAA), entry level trawl fishery is based on This action addresses potential Commerce. rockfish legal landings made to an entry confusion created by an inconsistency level processor. ACTION: Final rule; correcting in the preamble to the Rockfish Program amendment. This clarification is administrative in final rule. NMFS made contradictory nature and does not change the SUMMARY: This action corrects the final statements in the preamble in response distribution of QS under the Rockfish rule published on December 27, 2011, to public comment 14, in which the Program. NMFS issued Rockfish that implemented Amendment 88 to the commenter asserted that the proposed Program QS in February 2012 consistent Fishery Management Plan for regulations did not follow the North with current regulations and these Groundfish of the Gulf of Alaska. This Pacific Fishery Management Council’s corrections. (Council’s) intent that a participant in correction clarifies that participants in Classification the entry level trawl fishery may qualify the entry level trawl fishery may qualify for quota share (QS) under the Central for QS under the Rockfish Program only The Acting Assistant Administrator Gulf of Alaska (GOA) Rockfish Program in proportion to the number of years for Fisheries, NOAA (AA), finds good only in proportion to the number of that person made a delivery to an entry cause to waive the requirement to years that a person made rockfish legal level processor in 2007, 2008, or 2009. provide prior notice and opportunity for landings to an entry level processor in The commenter asked NMFS to add the public comment pursuant to the language ‘‘to an entry level processor’’ 2007, 2008, or 2009. This clarification is authority set forth at 5 U.S.C. 553(b)(B) to the regulations. administrative in nature and does not as such requirement is unnecessary. In response to the comment, NMFS This action makes no substantive change the distribution of rockfish QS to stated it would not make a regulatory entry level trawl participants. changes to the rule, nor does it modify change, but then used an example that any rights or responsibilities of the DATES: Effective June 26, 2012. included that change. Specifically, regulated community. This action FOR FURTHER INFORMATION CONTACT: NMFS stated that current regulations clarifies that qualification for QS in the Gwen Herrewig, 907–586–7228. implemented by the Rockfish Program entry level trawl fishery is based on SUPPLEMENTARY INFORMATION: final rule captured Council intent by rockfish legal landings made to an entry stating that qualification for QS is based Background level processor, but does not change the on rockfish legal landings generated by distribution of QS under the Rockfish The rockfish fisheries are conducted an entry level trawl participant. NMFS Program or change operating practices in Federal waters near Kodiak, AK, by determined that adding the phrase ‘‘to in the fisheries. The corrections trawl and longline vessels. NMFS an entry level processor’’ would be described in this rule are being published the Central GOA Rockfish redundant because the definition of implemented to avoid confusion for Program (Rockfish Program) final rule in ‘‘rockfish legal landings’’ already participants in the fisheries. the Federal Register on December 27, encompassed deliveries made to an For the reasons set forth above, the 2011 (76 FR 81248). The Rockfish entry level processor. This is because AA also finds good cause to waive the Program allocates harvest privileges to entry level trawl participants were 30-day delay in the effective date of this holders of License Limitation Program required to deliver all harvested fish in action under 5 U.S.C. 553(d)(3). The (LLP) groundfish licenses with a history the entry level fishery to an entry level corrections described in this rule are of Central GOA rockfish legal landings processor in order to generate rockfish being made effective upon publication either in 2000 through 2006, or in the legal landings. However, later in the to address the inconsistency in the final entry level trawl fishery in 2007, 2008, preamble to the proposed rule, in a rule preamble for the public. or 2009. The Rockfish Program assigns section describing the proposed It has been determined that this rule QS to LLP licenses for rockfish primary regulatory text at § 679.80(e)(3)(i), is not significant for purposes of and secondary species based on legal NMFS included the phrase ‘‘to an entry Executive Order 12866. landings associated with a specific LLP level processor’’ as requested by the NMFS is correcting this error and is license. Rockfish primary species are commenter, even though NMFS not making substantive changes to the northern rockfish, Pacific ocean perch, previously stated that phrase was document in rule FR Docket No. and pelagic shelf rockfish. Rockfish unnecessary. 110314196–1725–02 published on secondary species are Pacific cod, After additional review, NMFS agrees December 27, 2011. rougheye rockfish, shortraker rockfish, with the commenter that the regulations sablefish, and thornyhead rockfish. would be clearer if they included the List of Subjects in 50 CFR Part 679 The entry level trawl fishery that phrase ‘‘to an entry level processor,’’ Alaska, Fisheries, Reporting and occurred under the Central GOA which clarify the requirement that recordkeeping requirements.
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Dated: June 21, 2012. ■ 2. Section 679.80 is corrected by (i) Assign one Rockfish Landing Unit Paul N. Doremus, revising paragraphs (e)(1)(ii) and (e)(3)(i) to an LLP license for each year a Deputy Assistant Administrator for to read as follows: rockfish legal landing of any rockfish Operations, National Marine Fisheries primary species was made to an entry Service. § 679.80 Allocation and transfer of level processor under the authority of an rockfish QS. For reasons explained in the LLP license during the season dates for * * * * * preamble, 50 CFR part 679 is corrected the entry level trawl fishery in 2007, by making the following correcting (e) * * * 2008, or 2009 as established in Table amendments: (1) * * * 28b to this part. This yields the Rockfish (ii) The number of years during which Landing Units.l For purposes of this PART 679—FISHERIES OF THE a person made a rockfish legal landing calculation, the Regional Administrator EXCLUSIVE ECONOMIC ZONE OFF to an entry level processor under the will not assign any Rockfish Landing ALASKA authority of an LLP license in the entry Units to an LLP license that is assigned level trawl fishery during 2007, 2008, or rockfish QS under the provisions in ■ 1. The authority citation for part 679 2009 as established in paragraph (e)(3) paragraph (e)(2) of this section. continues to read as follows: of this section. * * * * * Authority: 16 U.S.C. 773 et seq.; 1801 et * * * * * [FR Doc. 2012–15584 Filed 6–25–12; 8:45 am] seq.; 3631 et seq.; Pub. L. 108–447. (3) * * * BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 77, No. 123
Tuesday, June 26, 2012
This section of the FEDERAL REGISTER of Agriculture, 300 7th Street SW., 7th intergovernmental consultations for contains notices to the public of the proposed Floor, Washington, DC 20024. each loan in the manner delineated in issuance of rules and regulations. The All written comments will be 7 CFR part 3015, subpart V. purpose of these notices is to give interested available for public inspection during Executive Order 12988, Civil Justice persons an opportunity to participate in the regular work hours at the 300 7th Street rule making prior to the adoption of the final Reform SW., 7th Floor, address listed above. rules. This rule has been reviewed under FOR FURTHER INFORMATION CONTACT: Kendra Doedderlein, Community Executive Order 12988, Civil Justice Reform. In accordance with this rule: (1) DEPARTMENT OF AGRICULTURE Programs Senior Loan Specialist, Rural All State and local laws and regulations Housing Service, U.S. Department of that are in conflict with this rule will be Rural Housing Service Agriculture, STOP 0787, 1400 preempted; (2) no retroactive effect will Independence Ave. SW., Washington, be given to this rule; and (3) 7 CFR Part 3575 DC 20250–0787, Telephone: (202) 720– administrative proceedings of the 1503. RIN 0575–AC92 National Appeals Division (7 CFR part SUPPLEMENTARY INFORMATION: 11) must be exhausted, before bringing Community Programs Guaranteed Executive Order 12866 suit in court challenging action taken Loans under this rule. The proposed rule has been AGENCY: Rural Housing Service, USDA. determined to be not significant for the Environmental Impact Statement ACTION: Proposed rule. purposes of Executive Order 12866 and, The action has been reviewed in therefore, has not been reviewed by the accordance with 7 CFR part 1940, SUMMARY: The Rural Housing Service Office of Management and Budget subpart G, ‘‘Environmental Program.’’ (RHS) proposes to amend the (OMB). The Agency has determined that this regulations utilized to service the Programs Affected action does not constitute a major Community Facilities Guaranteed Loan Federal action significantly affecting the Program by amending the regulation in The Catalog of Federal Domestic quality of the human environment and, two separate sections, in order to clarify Assistance Program impacted by this in accordance with the National the types of projects that are eligible for action is 10.766, Community Facilities Environmental Policy Act of 1969, 42 a Community Facilities Guaranteed Loans and Grants. U.S.C. 4321 et seq., an Environmental Loan. The intended effect of this action Executive Order 13175, Consultation Impact Statement is not required. is to strengthen the Community and Coordination With Indian Tribal Unfunded Mandates Reform Act Facilities Guaranteed Loan Program by Governments limiting the risk to the guaranteed loan Title II of the Unfunded Mandates portfolio. RHS is seeking to prohibit the Executive Order 13175 imposes Reform Act of 1995 (UMRA), 2 U.S.C. financing of facilities in which the requirements on Rural Development in chapters 17A and 25, established operation of such facilities have not the development of regulatory policies requirements for Federal agencies to been supported by the community and that have tribal implications or preempt assess the effects of their regulatory have resulted in significant default and tribal laws. Rural Development has actions on State, local, and tribal loan losses to the agency. determined that the proposed rule does governments and the private sector. not have a substantial direct effect on Under section 202 of the UMRA, RHS DATES: Written or email comments must one or more Indian tribe(s) or on either generally must prepare a written be received on or before August 27, the relationship or the distribution of statement, including a cost-benefit 2012. powers and responsibilities between the analysis, for proposed and final rules ADDRESSES: You may submit comments Federal Government and Indian tribes. with Federal mandates that may result to this rule by any of the following Thus, this rule is not subject to the in expenditures to State, local, or tribal methods: requirements of Executive Order 13175. governments, in the aggregate, or to the • Federal e-Rulemaking Portal: If a tribe determines that this rule has private sector, of $100 million or more http://www.regulations.gov. Follow the implications of which Rural in any 1 year. When such a statement instructions for submitting comments. Development is not aware and would is needed for a rule, section 205 of the • Mail: Submit written comments via like to engage in consultation with Rural UMRA generally requires RHS to the U.S. Postal Service to the Branch Development on this rule, please identify and consider a reasonable Chief, Regulations and Paperwork contact Rural Development’s Native number of regulatory alternatives and Management Branch, U.S. Department American Coordinator at (720) 544– adopt the least costly, most cost- of Agriculture, STOP 0742, 1400 2911 or [email protected]. effective, or least burdensome Independence Avenue SW., alternative that achieves the objectives Washington, DC 20250–0742. Executive Order 12372, of the rule. This rule contains no • Hand Delivery/Courier: Submit Intergovernmental Review Federal mandates (under the regulatory written comments via Federal Express This program is subject to the provisions of title II of the UMRA) for Mail or another courier service requiring provisions of Executive Order 12372, State, local, and tribal governments or a street address to the Branch Chief, which requires intergovernmental the private sector. Therefore, this rule is Regulations and Paperwork consultation with State and local not subject to the requirements of Management Branch, U.S. Department officials. RHS conducts sections 202 and 205 of the UMRA.
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Regulatory Flexibility Act Discussion not limited to, playground equipment of The Community Facilities Guaranteed an otherwise non-recreational eligible The rules have been reviewed with community facility such as childcare, regard to the requirements of the Loan Program bolsters the credit available from private lending educational, or health care facilities are Regulatory Flexibility Act (5 U.S.C. also eligible. 601–612). Under Section 605(b) of the institutions through the guarantee of * * * * * Regulatory Flexibility Act, 5 U.S.C. loans for essential community facilities 3. Amend § 3575.25 to add paragraph 605(b), the Agency has determined and in rural areas. This program has been in (j) to read as follows: certified by signature of this document existence since 1992, and as it evolves, that the rule will not have a significant the need to define and revise terms is § 3575.25 Ineligible loan purposes. required. economic impact on a substantial * * * * * number of small entities since this Section 3575.24(a)(1)(x) currently identifies recreational facilities as (j) Golf courses, water parks, race rulemaking action does not involve a tracks or other recreational type new or expanded program. Furthermore, eligible types of facilities for financing under this program; however, Agency facilities inherently commercial in the program does not treat entities nature. differently based solely on their size. experience shows that the current language is too brief and subject to * * * * * Executive Order 13132, Federalism different interpretation by prospective Dated: May 18, 2012. applicants and other program users. The policies contained in the rule Tammye Trevin˜ o, Therefore, the Agency proposes to Administrator, Rural Housing Service. does not have any substantial direct revise the paragraph to more clearly [FR Doc. 2012–15579 Filed 6–25–12; 8:45 am] effect on States, on the relationship convey to the public the Agency’s between the national government and policy with respect to the financing of BILLING CODE P the States, or on the distribution of essential community facilities that power and responsibilities among the provide recreational services as part of various levels of government. Nor do the addressing overall community DEPARTMENT OF TRANSPORTATION rules impose substantial direct development needs. Federal Aviation Administration compliance costs on State and local Section 3575.25 prohibits the governments. Therefore, consultation financing with guaranteed loan funds on 14 CFR Chapter I with the States is not required. specific types of projects. The Agency Implementation proposes to add a paragraph (j) ‘‘Golf [Docket No. FAA–2012–0658] courses’’ to this section. This is based It is the policy of this Department that upon the Agency’s experience to date in Proposed Policy Clarification for the rules relating to public property, loans, financing this type of project and the Registration of Aircraft to U.S. Citizen grants, benefits, or contracts shall failure rate the Agency has experienced Trustees in Situations Involving Non- comply with 5 U.S.C. 553, on golf course projects. Also, the lack of U.S. Citizen Trustors and Beneficiaries notwithstanding the exemption of that support demonstrated by the AGENCY: Federal Aviation section with respect to such rules. community indicates that a golf course Administration, DOT. is not essential to a rural community ACTION: Proposed Policy; Availability of Paperwork Reduction Act and is typically viewed as a commercial Documents for Inspection and Extension undertaking. The revisions in this rulemaking for of Time in which to Submit Written part 3575 are subject to the burden List of Subjects in 7 CFR 3575 Comments. package assigned OMB control number 0575–0137. No paperwork changes are Community facilities, Guaranteed SUMMARY: The FAA is extending the being proposed. loans, Loan programs. comment period on its proposed policy For the reasons set forth in the regarding the registration of aircraft to Executive Order 12372, preamble, XXXV of Subtitle B, title 7, U.S. Citizen Trustees in situations Intergovernmental Review of Federal Code of Federal Regulations is proposed involving Non-U.S. citizen trustors and Programs to be amended as follows: beneficiaries. This proposed rule is not subject to PART 3575—GENERAL DATES: The FAA is extending the the provisions of EO 12372, which comment period to August 17, 2012. require intergovernmental consultation 1. The authority citation for part 3575 FOR FURTHER INFORMATION CONTACT: with State and local officials, because continues to read as follows: LaDeana Peden at 405–954–3296, Office this rule provides general guidance on Authority: 5 U.S.C. 301, 7 U.S.C. 1989. of Aeronautical Center Counsel, Federal something. Applications for Agency Aviation Administration. programs will be reviewed individually Subpart A—Community Programs SUPPLEMENTARY INFORMATION: Incident under EO 12372 as required by program Guaranteed Loans to a public meeting held by the Federal procedures. 2. Amend § 3575.24 to revise Aviation Administration (FAA) on E-Government Act Compliance paragraph (a)(1)(x) to read as follows: Wednesday, June 6, 2012, in Oklahoma City, Oklahoma, concerning aircraft The Agency is committed to § 3575.24 Eligible loan purposes. registration by owner trustees for non- complying with the E–Government Act, (a) * * * U.S. citizen beneficiaries, interested to promote the use of the Internet and (1) * * * parties have submitted written other information technologies to (x) Community parks, community comments to FAA. Those comments, as provide increased opportunities for activity centers, and similar types of well as the Notice of Public Meeting and citizen access to Government facilities that are an integral part of the FAA slide presentation may be viewed information and services, and for other orderly development of a community. at the Office of Chief Counsel’s FAA purposes. Recreational components, such as, but Web site located at http://www.faa.gov/
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about/office_org/headquarters_offices/ disciplinary action for misconduct notice will be a matter of public record agc/. The comment period is hereby based upon good cause. The proposed and will be available for inspection at extended through Friday, August 17, rule will assist the Department in IA’s Central Records Unit (Room 7046 of 2012, and may be submitted via email maintaining the integrity of its the Herbert C. Hoover Building) or on to [email protected]. proceedings by deterring misconduct by the Federal eRulemaking Portal at As part of its review of non-citizen those who appear before it in www.regulations.gov. trusts, the FAA published a notice of its antidumping duty (AD) and Any questions concerning file proposed policy clarification on countervailing duty (CVD) proceedings. formatting, document conversion, February 9, 2012 (77 FR 6694) on use of The Department is requesting comments access to the Internet, or other electronic non-citizen trusts to register aircraft in on the proposed rule as discussed in filing issues should be addressed to the United States. After the FAA more detail below. Andrew Lee Beller, Import discusses the legal issues, the FAA will DATES: The Department is requesting Administration Webmaster, at (202) suggest which provisions in trust public comment on this proposed rule. 482–0866, email address: webmaster- agreements may need to be changed and To be assured consideration, all [email protected]. it will suggest language that would comments must be received no later FOR FURTHER INFORMATION CONTACT: enable the FAA to facilitate the than August 10, 2012. All comments Michele Lynch, Senior Counsel, Office registration of aircraft in the future that should refer to RIN 0625–AA92. of the General Counsel, Office of Chief are owned in trust. The suggested ADDRESSES: To ensure the timely receipt Counsel for Import Administration, or language and the reasons for the and consideration of comments, the Eric Greynolds, International Trade suggested language, if adopted as the Department requires all comments to be Program Manager, Office 3, Import FAA’s final policy on this matter, will submitted on-line through the Federal Administration, U.S. Department of guide the FAA in the future in eRulemaking portal at Commerce, 1401 Constitution Avenue determining eligibility for registering www.regulations.gov, unless they do not NW., Washington, DC 20230, 202–482– non-U.S. citizen trusts. have access to the Internet. Comments 2879 or 202–482–6071, respectively. Authority: 49 U.S.C. 106g, 40113, 44701. to this notice should be submitted under SUPPLEMENTARY INFORMATION: In August Issued in Oklahoma City, Oklahoma, on docket number ITA–2012–0003. To find 2010, in support of the National Export June 13, 2012. this docket, enter the docket number in Initiative (NEI), the Department Joseph R. Standell, the ‘‘Enter Keyword or ID’’ window at announced a number of proposals to Aeronautical Center Counsel. the www.regulations.gov home page and strengthen the administration of the click ‘‘Search.’’ The site will provide a U.S. AD and CVD laws. One proposal [FR Doc. 2012–15339 Filed 6–25–12; 8:45 am] search-results page listing all documents addressed strengthening the BILLING CODE 4910–13–P associated with that docket number. accountability of attorneys and non- Find a reference to the proposed rule attorneys who practice before the notice by selecting ‘‘Rule’’ under Department. This proposal advances the DEPARTMENT OF COMMERCE ‘‘Document Type’’ on the search-results purpose of the NEI by continuing page, and click on the link entitled rigorous enforcement of U.S. trade laws. International Trade Administration ‘‘Submit a Comment.’’ The For decades, consistent with IA’s www.regulations.gov Web site provides regulations, attorneys and non-attorney 19 CFR Part 351 the option of making submissions by representatives have practiced before IA [Docket No. 120613168–2168–01] filling in a comments field, or by without completing an application or attaching a document. The International obtaining a license from the RIN 0625–AA92 Trade Administration (ITA) prefers Department. The proposed rule Regulation Strengthening submissions to be provided in an continues this long-standing practice Accountability of Attorneys and Non- attached document. (For further and expressly identifies persons who Attorney Representatives Appearing information on using the may appear before the agency, including Before the Department www.regulations.gov Web site, please both attorneys and non-attorney consult the resources provided on the representatives, and provides that such AGENCY: Import Administration, Web site by clicking on the ‘‘Help’’ tab.) practitioners may be required to International Trade Administration, Commenters who do not have access demonstrate to the agency their Department of Commerce. to the Internet may submit the original acceptability to act as practitioners. The ACTION: Notice of proposed rulemaking and two copies of each set of comments proposed rule also (i) Establishes a good and request for comments. by mail or hand delivery/courier. All cause standard for the application of comments should be addressed to Paul sanctions for misconduct, (ii) identifies SUMMARY: The Department of Commerce Piquado, Assistant Secretary for Import possible sanctions for misconduct (the Department) proposes to amend its Administration, Room 1870, including suspension and barring one regulations to add a subsection that Department of Commerce, 1401 from practice before the agency or a strengthens the accountability of Constitution Avenue NW., Washington, lesser sanction (that may be public or attorneys and non-attorney DC 20230. private) at the Secretary’s discretion, representatives who appear in The Department will consider all and (iii) permits attorneys and proceedings before the Import relevant comments regarding the representatives to have an opportunity Administration (IA). If this proposed proposed rule that are received before to present their views on the matter to rule is implemented, the Department the close of the comment period. The the Department. If attorneys or will continue its long-standing practice Department will not accept comments representatives are suspended or barred of permitting attorneys and non-attorney accompanied by a request that part or from practice before the Department, the representatives to appear before IA. The all of the material be treated proposed rule provides that their names proposed rule provides that both confidentially because of its business will appear on a public register of attorneys and non-attorney proprietary nature or for any other suspended or barred attorneys and representatives will be subject to reason. All comments responding to this representatives.
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The proposed rule is modeled after the Department seeks public comment The purpose of this rule is to the U.S. International Trade on this 2012 proposed rule. strengthen the accountability of Commission’s rule, 19 CFR 201.15, with In promulgating the 2011 Interim attorneys and non-attorney some modifications. Certain of the Final Rule, the Department included in representatives who appear before the modifications are necessary to ensure the proposed revision to the Department. The objective of the that the proposed rule uses the same certification regulation a reference to 18 amendment is to implement measures terms already used by IA in its U.S.C. 1001, reminding individuals which continue to permit attorneys and regulations or that two terms have the conducting business with the non-attorneys to represent persons same intended meaning. Another Department and their representatives appearing in proceedings before the modification provides that the that U.S. law imposes criminal Department while at the same time Department will maintain a public sanctions upon parties who knowingly providing that all such persons are registry of persons who are suspended and willfully make material false subject to public disciplinary action for or barred from practice. The public statements to the U.S. Government. In misconduct before the Department. nature of the registry will assist the its response to public comments, the The entities who would be impacted Department in its objective, i.e., Department stated that it intended to by this rule are attorneys and non- maintaining the integrity of its continue to refer certification violations attorney representatives who appear in proceedings by deterring misconduct by to offices better equipped to handle proceedings before the Import attorneys and non-attorney such matters, such as the Department’s Administration. The Department cannot representatives who appear before it. Office of the Inspector General (OIG). elaborate on how many of the regulated See 2011 Interim Final Rule, 76 FR at entities would be considered small Related Rulemaking 2493–94. The promulgation of this under the Small Business Administration’s size standards because In 2004, the Department published a proposed rule strengthening the it does not collect such data. Although notice of inquiry seeking public accountability of attorney and non- the Department does not collect data on comment about IA’s certification attorney representatives is consistent attorneys or non-attorney requirements. See Certification and with the 2011 Interim Final Rule. The representatives appearing before it, Submission of False Statements to Department will refer instances of alleged certification violations to the historically, firms have included major Import Administration During law firms in business in Washington, Antidumping and Countervailing Duty OIG. However, not every case of misconduct constitutes a certification DC, New York, and Chicago. We do not Proceedings—Notice of Inquiry, 69 FR anticipate that a substantial number of 3562 (January 26, 2004) (2004 Notice of violation. Under this proposed rule, when the Department either receives small entities would be impacted by this Inquiry) and Certification and rule. Submission of False Statements to allegations that an attorney or non- attorney representative appearing before This proposed rule is expected to Import Administration During have very small economic impacts to Antidumping and Countervailing Duty it has engaged in misconduct or inappropriate behavior, or is otherwise the regulated entities as it is procedural Proceedings—Notice of Proposed in nature. The rule establishes a ‘‘good Rulemaking and Request for Comments, aware of such misconduct or behavior, for good cause and to protect the cause’’ standard to be applied to 69 FR 56738 (September 22, 2004). In discipline attorneys and non-attorney response, IA received public comment integrity of its proceedings, it will take disciplinary action against the offending representatives appearing before the on whether it should strengthen its Department, yet it does not alter the attorney or non-attorney representative. certification process or promulgate Department’s long-standing practice of Attorneys and non-attorney regulations concerning those who allowing such representation. There is representatives who are found, after provide false statements or engage in no application fee to appear before the referral to the appropriate office, to have fraudulent activity before the Department. There also are no monetary engaged in a certification violation Department. The certification process is penalties assessed if the Department when appearing before the Department currently the subject of a separate determines that good cause exists for will also be subject to disciplinary rulemaking. See Certification of Factual sanctioning an attorney or non-attorney action under this proposed rule. In all Information to Import Administration representative. The proposed rule could cases, disciplinary action may involve During Antidumping and be beneficial to small entities impacted Countervailing Duty Proceedings: reprimand (public or private), by this rule because it continues to Interim Final Rule, 76 FR 7491 suspension or disbarment from allow parties to use non-attorney (February 10, 2011) (2011 Interim Final appearing before the Department. representatives in Department Rule) and Certification of Factual Classification proceedings, rather than requiring them Information to Import Administration to retain an attorney, which might result During Antidumping and Regulatory Flexibility Act in financial savings to the small entities. Countervailing Duty Proceedings: In accordance with the Regulatory However, if the Department suspends or Supplemental Interim Final Rule, 76 FR Flexibility Act, 5 U.S.C. 601 et seq., the disbars an attorney or non-attorney 54697 (September 2, 2011). However, Chief Counsel for Regulation at the representative as a result of this rule, it one of the questions asked by the Department of Commerce certified to may result in some economic impact, Department in 2004 was whether the Chief Counsel for Advocacy, Small unquantifiable at this time, as that attorneys and other professionals Business Administration, that the person would not be able to practice appearing before the Department should proposed rule, if adopted, would not before the Department. But, the be subject to regulation for misconduct have a significant economic impact on Department does not anticipate that a before the Department. The Department a substantial number of small entities. A substantial number of small entities received comments in 2004 both description of the action, why it is being would be impacted because it supporting and opposing such considered, and the legal basis for this anticipates that attorneys and non- regulation. Those comments are not part action are contained in the preamble to attorney representatives appearing of this proposed rulemaking and will this proposed rule. The factual basis for before it will conduct themselves not be considered. As set forth above, this certification is as follows. professionally and, historically, many of
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the attorneys and non-attorney public register of attorneys and 2nd floor, East Tower, Suite 02G09, representatives who appear before the representatives suspended or barred Alexandria, VA 22350–3100. Department are from larger firms. For from practice. ‘‘Attorney’’ pursuant to Instructions: All submissions received these reasons, the Chief Counsel for this subpart and ‘‘legal counsel’’ in must include the agency name and Regulation certified this rule would not § 351.303(g) have the same meaning. docket number or Regulatory result in a significant economic impact ‘‘Representative’’ pursuant to this Information Number (RIN) for this to a substantial number of small entities. subpart and in § 351.303(g) has the same Federal Register document. The general meaning. policy for comments and other Paperwork Reduction Act [FR Doc. 2012–15381 Filed 6–25–12; 8:45 am] submissions from members of the public It has been determined that this BILLING CODE P is to make these submissions available rulemaking does not contain an for public viewing on the Internet at information collection subject to the http://www.regulations.gov as they are Paperwork Reduction Act. DEPARTMENT OF DEFENSE received without change, including any Executive Order 12866 personal identifiers or contact information. It has been determined that the Office of the Secretary proposed rulemaking is not significant FOR FURTHER INFORMATION CONTACT: Rear for purposes of Executive Order 12866. 32 CFR Part 199 Admiral Thomas McGinnis, Chief, [Docket ID: DOD–2012–HA–0049] Pharmacy Operations Directorate, Executive Order 13132 TRICARE Management Activity, It has been determined that the RIN 0720–AB57 telephone 703–681–2890. proposed rulemaking does not contain SUPPLEMENTARY INFORMATION: federalism implications warranting the Civilian Health and Medical Program of preparation of a federalism assessment. the Uniformed Services (CHAMPUS)/ A. Executive Summary TRICARE: TRICARE Retail Pharmacy List of Subjects in 19 CFR Part 351 Program 1. Purpose of the Proposed Rule Administrative practice and The purpose of this proposed rule is AGENCY: Office of the Secretary, procedure, Antidumping duties, to make several administrative changes Department of Defense (DoD). Countervailing duties. to the TRICARE Pharmacy Benefits ACTION: Proposed rule. Dated: June 15, 2012. Program regulation to conform more closely to the statute (10 U.S.C. 1074g) Paul Piquado, SUMMARY: This proposed rule would and to clarify some procedures make several administrative changes to Assistant Secretary for Import regarding the uniform formulary. Administration. the TRICARE Pharmacy Benefits The legal authority for this proposed Program regulations in order to conform For the reasons stated above, the rule is 10 U.S.C. 1074g. Department proposes to amend 19 CFR them more closely to the statute and to part 351 as follows: clarify some procedures regarding the 2. Summary of the Major Provisions of operation of the uniform formulary. the Proposed Rule PART 351—ANTIDUMPING AND Specifically, the proposed rule would: a. It would conform the regulation to COUNTERVAILING DUTIES conform the regulation to the statute the statute regarding the number of regarding point-of-service availability of 1. The authority citation for 19 CFR points of service where non-formulary non-formulary drugs; clarify the process part 351 continues to read as follows: drugs are required to be available. They for formulary placement of newly would be generally required only in the Authority: 5 U.S.C. 301; 19 U.S.C. 1202 approved drugs; streamline the process mail order program. note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et for updating copayment requirements; b. It would clarify the process for seq.; and 19 U.S.C. 3538. specify the method for applying the formulary placement of newly approved 2. Add § 351.313 to subpart C to read statutory formula for maximum non- drugs by the Food and Drug as follows: formulary drug copayments; and clarify Administration (FDA), giving the several other uniform formulary § 351.313 Attorneys or representatives. Pharmacy and Therapeutics Committee practices. This rule is separate from, but up to 120 days to recommend tier No register of attorneys or not inconsistent with, the legislative placement on the uniform formulary. representatives who may practice before proposal made by the Department to c. It would streamline the process for the Department is maintained. No implement portions of the President’s updating cost sharing requirements by application for admission to practice is Budget for Fiscal Year 2013 relating to eliminating the process step of a required. Any person desiring to appear the TRICARE Pharmacy Benefits recommendation from the P&T as attorney or representative before the Program. Department may be required to show to Committee. the satisfaction of the Secretary his DATES: Written comments received at d. It would state there is no regulatory acceptability in that capacity. Any the address indicated below by August requirement, just as there is no statutory attorney or representative practicing 27, 2012 will be considered and requirement, that copayment amounts before the Department, or desiring so to addressed in the final rule. are the same for active duty dependents practice, may for good cause shown be ADDRESSES: You may submit comments, as they are for retired members and their suspended or barred from practicing identified by docket number and/or RIN dependents. before the Department, or have imposed number and title, by any of the e. It would specify the method for on him such lesser sanctions (e.g., following methods: applying the current statutory formula public or private reprimand) as the Federal eRulemaking Portal: http:// for maximum non-formulary drug Secretary deems appropriate, but only www.regulations.gov. Follow the copayments, stating that they would be after he has been accorded an instructions for submitting comments. calculated based on the average opportunity to present his views in the Mail: Federal Docket Management government cost of all prescriptions, matter. The Department will maintain a System Office, 4800 Mark Center Drive, other than generic drug prescriptions, in
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four groups based on beneficiary achieved some improvements in cost- when the beneficiary prefers a non- category and point of service. effectiveness. However, overall costs of formulary drug is to have the 3. Costs and Benefits. This proposed the TRICARE Pharmacy Benefits prescription transferred to TMOP. rule is limited to administrative Program have continued to increase Another administrative change would changes. It does not itself affect costs. substantially, from approximately $2 clarify the process for formulary The benefits of the proposed rule are billion in fiscal year 2001, to placement of newly approved drugs by that it will more closely conform the approximately $8 billion projected for the Food and Drug Administration regulation to the statute and facilitate fiscal year 2012. For fiscal year 2012, (FDA). Current practice for brand name more effective administration of the the program updated for the first time drugs is that they are placed in the TRICARE Pharmacy Benefits Program. since 2001 copayment amounts, Second Tier the day FDA approves the drug. This practice has not lead to the B. Background increasing retail network pharmacy copayments from $3/$9/$22 to $5/$12/ most cost-effective placement of these In 1999, Congress enacted 10 U.S.C. $25 for the respective tiers, and newly approved drugs. DoD proposes 1074g to, among other things, establish changing mail order program that at the next quarterly meeting of the a uniform formulary program to copayments from $3/$9/$22 to $0/$9/ Pharmacy and Therapeutics (P&T) incentivize the use of more cost- $25. Co-payments for retail Committee following FDA approval, the effective pharmaceutical agents and prescriptions are for up to a 30 day drug will be evaluated for its relative points of service. There are four points supply; mail order prescriptions for up clinical benefit and relative cost in of service under the Pharmacy Benefits to a 90 day supply. This difference is comparison to other drugs in the drug Program—military facility pharmacies, part of the incentive for beneficiaries to class and a recommendation will be retail network pharmacies, retail non- use the more cost-effective mail order made to the Director of the TRICARE network pharmacies, and the TRICARE program, as is the recent elimination of Management Activity for Tier placement mail order pharmacy program (TMOP)— copayments for mail order program of the drug. The current regulation does and three uniform formulary tiers—First generic drugs. Encouraging increased not specifically address the status of the Tier for generic drugs, Second Tier for use of DoD’s more cost-effective points drug from the date of date of FDA preferred brand name drugs (also of service (i.e., the highly convenient approval to the date the P&T referred to as ‘‘formulary drugs’’), and mail order pharmacy or a military Committee’s recommendation is Third Tier for non-preferred brand name treatment facility pharmacy) and more eventually implemented. The proposed drugs (also referred to as ‘‘non- cost-effective pharmaceutical products rule would address this by providing a formulary drugs’’). In addition to (i.e., those on First Tier and Second period of up to 120 days for the P&T establishing procedures for assigning Tier) continues to be a TRICARE Committee to act. This will normally be drugs to one of the three tiers, the program objective. the next quarterly meeting, but in cases statute includes several other when the FDA approval happens too specifications, such as: That formulary C. Provisions of the Proposed Rule close to a scheduled meeting for the drugs are generally available in all three The purpose of this proposed rule is necessary research to be done, it would points of service; that non-formulary to make several administrative changes be the following meeting. The 120 day drugs are available in at least one point to the TRICARE Pharmacy Benefits time period accommodates this. During of service; that TRICARE may establish Program regulation to conform more the period prior to a decision on Tier copayment requirements for all closely to the statute (10 U.S.C. 1074g) placement, the newly approved drug formulary tiers and all points of service, and to clarify some procedures will be covered by TRICARE under but the maximum copayment may not regarding the uniform formulary. One terms comparable to those applicable to exceed for non-formulary drugs change is to conform the regulation to Third Tier drugs. amounts generally equal to 20% for the statute regarding the number of Several additional administrative active duty family members and 25% points of service where non-formulary changes in this proposed rule relate to for retirees and their family members; drugs are required to be available. The the process for updating copayment and that when clinically necessary, non- statute requires availability in one of the amounts. First, as a ‘‘housekeeping’’ formulary drugs are provided at the three primary points of service (military matter, the proposed rule would update copayment level of formulary drugs. facility, retail network, and mail order the regulation to incorporate the TRICARE’s regulations implementing program); the current regulation copayment adjustments that were this statute, issued in 2004, established specifies that non-formulary drugs are implemented for fiscal year 2012, as or continued prior rules for, among generally unavailable in military noted above. Second, it would other things: assigning drugs to a facilities and generally available in the streamline the process for updating cost formulary tier based on cost- retail network and mail order. This sharing requirements by eliminating the effectiveness; point of service change would provide that non- process step of a recommendation from availability for the respective tiers; formulary drugs are available only in the P&T Committee. Factors pertinent to copayment requirements that are lower TMOP, unless medical necessity is updating copayment amounts relate for more cost-effective drugs and points established for dispensing in one of the mostly to government-wide, industry- of service; and updates over time of the other venues. This change would wide, or program-wide developments, copayment amounts. Although the reinforce DoD policy encouraging use of rather than specific drug-by-drug statute required Third Tier drugs to be more cost-effective drugs and points of clinical and cost considerations, which available in only one point of service, service, without adverse effect on is the P&T Committee’s primary the regulations made them available in beneficiaries. A beneficiary always has mission. The decision maker for two. And while the statute allows the option of asking the health care copayment updates would continue to copayments for prescriptions in all provider to change the prescription to a be the Assistant Secretary of Defense for points of service and formulary tiers, the comparable formulary drug, or, in cases Health Affairs. Third, the proposed rule regulations exempted military facility of medical necessity, obtaining approval would state there is no regulatory pharmacies. for dispensing the non-formulary drug requirement, just as there is no statutory TRICARE’s administration of the at the formulary copayment amount. requirement, that copayment amounts Pharmacy Benefits Program has Another option for most prescriptions are the same for active duty dependents
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as they are for retired members and their authorized to use retail non-network Executive Order 13132, ‘‘Federalism’’ dependents. Fourth, it would specify pharmacies. This proposed rule does not have the method for applying the statutory D. Regulatory Procedures federalism implications, as set forth in formula for maximum non-formulary Executive Order 13132. This rule does drug copayments. The statute provides Executive Order 12866, ‘‘Regulatory not have substantial direct effects on the that the maximum copayment may not Planning and Review’’ and Executive States; the relationship between the exceed for non-formulary drugs Order 13563, ‘‘Improving Regulation National Government and the States; or amounts generally equal to 20% for and Regulatory Review’’ the distribution of power and active duty family members and 25% responsibilities among the various for retirees and their family members, Executive Orders (EOs) 12866 and levels of Government. but the current regulations do not 13563 require that a comprehensive indicate how this maximum amount regulatory impact analysis be performed Public Comments Invited on any economically significant will be calculated. The proposed rule This is a proposed rule. DoD invites would specify that it will be calculated regulatory action, defined primarily as one that would result in an effect of public comments on all of its based on the average government cost of provisions. all prescriptions, other than generic $100 million or more in any one year. drug prescriptions, in four groups: retail The DoD has examined the economic, List of Subjects in 32 CFR Part 199 legal, and policy implications of this prescriptions for active duty Claims, Health care, Health insurance, proposed rule and has concluded that it dependents; retail prescriptions for Military personnel, Pharmacy benefits. retirees and their dependents; mail is not an economically significant Accordingly, 32 CFR part 199 is order prescriptions for active duty regulatory action under Section 3(f)(1) proposed to be amended as follows: dependents; and mail order of the EO. But it is a significant prescriptions for retirees and their regulatory action and it has been PART 199—[AMENDED] dependents. This part of the proposed reviewed by the Office of Management rule should not be interpreted as and Budget. 1. The authority citation for part 199 continues to read as follows: suggesting that TRICARE intends to Congressional Review Act, 5 U.S.C. 801, establish different copayments for active et seq. Authority: 5 U.S.C. 301; 10 U.S.C. chapter duty dependents from copayments for 55. retirees and their dependents or to Under the Congressional Review Act, 2. Section 199.21 is amended by increase copayments to the maximum a major rule may not take effect until at adding new paragraph (g)(5), by revising level allowed. This part of the rule is least 60 days after submission to the heading for paragraph (h), by simply to clarify the applicable Congress of a report regarding the rule. revising paragraphs (h)(1)(iii), (h)(3)(i) requirements and how the maximum A major rule is one that would have an and (ii), (i)(2) introductory text, (i)(2)(i) copayment frame of reference will be annual effect on the economy of $100 through (v), and (i)(2)(x), and by adding calculated. million or more or have certain other new paragraphs (j)(4) and (5), to read as The proposed rule would continue impacts. This proposed rule is a not a follows: the current regulatory policy of major rule under the Congressional exempting from copayments Review Act. § 199.21 Pharmacy Benefits Program. prescriptions filled in military facility * * * * * pharmacies. This is allowed by the Sec. 202, Public Law 104–4, ‘‘Unfunded (g) * * * statute and arguably spreading Mandates Reform Act’’ (5) Administrative procedure for copayment requirements across all This rule does not contain a Federal newly approved drugs. In the case of a points of service could reduce the mandate that may result in the newly approved pharmaceutical agent, potential need for higher copayments in expenditure by State, local and tribunal other than a generic drug, the agent will, any one point of service; but the current governments, in aggregate, or by the not later than 120 days after the date of regulation and this proposed rule private sector, of $100 million or more approval by the Food and Drug specify no copayment for all such (adjusted for inflation) in any one year. prescriptions. Although no change is Administration, be added to the uniform proposed, DoD invites comments on this Public Law 96–354, ‘‘Regulatory formulary unless prior to that date the provision. Flexibility Act’’ (5 U.S.C. 601) P&T Committee has recommended that Finally, the proposed rule would the agent be listed as a non-formulary incorporate into the regulation several The Regulatory Flexibility Act (RFA) drug. If the Director, TMA subsequently details of current practice. While the requires that each Federal agency approves that recommendation, the drug current regulation provides that a prepare and make available for public will be so listed. If the Director, TMA uniform formulary drug that is not a comment, a regulatory flexibility disapproves that recommendation, the generic drug may be grouped for analysis when the agency issues a drug will as soon as feasible be added copayment purposes with generic drugs regulation which would have a to the uniform formulary. If, prior to the if it is judged to be as cost effective as significant impact on a substantial expiration of 120 days, the P&T generic drugs in the same drug class, the number of small entities. This proposed Committee recommends that the agent proposed rule would add that a generic rule does not have a significant impact be added to the uniform formulary, that drug may be classified as non-formulary on a substantial number of small will be done as soon as feasible. if it is less cost effective than non- entities. Pending action under this paragraph (5), the newly approved pharmaceutical generic formulary drugs in the same Public Law 96–511, ‘‘Paperwork agent will be available to beneficiaries drug class. Further, in the case of Reduction Act’’ (44 U.S.C. Chapter 35) generic drugs, the beneficiary under terms comparable to those copayment amount for any prescription This proposed rule contains no new applicable to non-formulary agents may not exceed the total charge for that information collection requirements under this section. prescription. Also, the rule would state subject to the Paperwork Reduction Act * * * * * that active duty members are not (PRA) of 1995 (44 U.S.C. 3501–3511). (h) * * *
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(1) * * * (iii) For formulary and generic all prescriptions, other than (iii) Retail non-network pharmacies: pharmaceutical agents obtained from a prescriptions for generic drugs, in the Those are non-MTF pharmacies that are retail non-network pharmacy there is a following four groups: not part of the network established for 20/25 percent or $12.00 co-payment (1) Retail prescriptions for active duty TRICARE retail pharmacy services (whichever is greater) per prescription dependents; (Note: active duty members are not for up to a 30-day supply of the (2) Retail prescriptions for authorized to use retail non-network pharmaceutical agent. The 20% amount beneficiaries covered by 10 U.S.C. 1086; pharmacies); and applies to dependents of active duty (3) Mail order prescriptions for active * * * * * members and others covered by 10 duty dependents; (3) Availability of non-formulary U.S.C. 1079; the 25% amount applies to (4) Mail order prescriptions for pharmaceutical agents.—(i) General. retirees and others covered by 10 U.S.C. beneficiaries covered by 10 U.S.C. 1086. Non-formulary pharmaceutical agents 1086. * * * * * shall be generally available under the (iv) For non-formulary (j) * * * pharmacy benefits program from retail pharmaceutical agents obtained at a (4) Upon the recommendation of the non-network pharmacies and the retail non-network pharmacy there is a Pharmacy and Therapeutics Committee, TRICARE Mail Order Pharmacy 20/25 percent or $25.00 co-payment a generic drug may be classified as non- (TMOP). (whichever is greater) per prescription formulary if it is less cost effective than (ii) Availability of non-formulary for up to a 30-day supply of the non-generic formulary drugs in the same pharmaceutical agents at military pharmaceutical agent. The 20% amount drug class. treatment facilities and retail network applies to dependents of active duty (5) The beneficiary copayment pharmacies. Even when particular non- members and others covered by 10 amount for any generic drug formulary agents are not generally U.S.C. 1079; the 25% amount applies to prescription may not exceed the total available at military treatment facilities retirees and others covered by 10 U.S.C. charge for that prescription. or retail network pharmacies, they will 1086. * * * * * be made available to eligible covered (v) For pharmaceutical agents beneficiaries through those points of obtained under the TMOP program Dated: June 20, 2012. service for prescriptions approved there is a: Patricia L. Toppings, through the non-formulary special (A) $9.00 co-payment per prescription OSD Federal Register Liaison Officer, approval process that validates the for up to a 90-day supply of a formulary Department of Defense. medical necessity for use of the non- pharmaceutical agent. [FR Doc. 2012–15507 Filed 6–25–12; 8:45 am] formulary pharmaceutical agent. In (B) $0.00 co-payment for up to a 90- BILLING CODE 5001–06–P those cases in the retail network, the day supply of a generic pharmaceutical non-formulary drug will be made agent. available at the formulary copayment (C) $25.00 co-payment for up to a 90- LIBRARY OF CONGRESS amount. day supply of a non-formulary * * * * * pharmaceutical agent. Copyright Royalty Board (i) * * * * * * * * (2) Cost-sharing amounts. Active duty (x)(A) The per prescription 37 CFR Part 381 members of the uniformed services do copayments established in this [Docket No. 2011–2 CRB NCEB II] not pay cost-shares. For other categories paragraph (i)(2) of this section may be of beneficiaries, cost-sharing amounts adjusted periodically based on Determination of Reasonable Rates are as follows: experience with the uniform formulary, and Terms for Noncommercial (i) For pharmaceutical agents obtained changes in economic circumstances, Broadcasting from a military treatment facility, there and other appropriate factors. Any such are no co-payments. adjustment shall be approved by the AGENCY: Copyright Royalty Board, (ii) For pharmaceutical agents Assistant Secretary of Defense (Health Library of Congress. obtained from a retail network Affairs). Any such adjusted amount will ACTION: Proposed rule. pharmacy there is a: maintain compliance with the SUMMARY: (A) $12.00 co-payment per requirements of 10 U.S.C. 1074g(a)(6) The Copyright Royalty Judges prescription required for up to a 30-day with respect to maximum copayment are publishing for comment proposed supply of a formulary pharmaceutical amounts for non-formulary drugs, rates and terms for the performance of agent. which also apply to formulary drugs. In musical compositions by Public (B) $5.00 co-payment per prescription adjusting copayment amounts, there is Broadcasting Service (‘‘PBS’’), National for up to a 30-day supply of a generic no requirement that amounts be the Public Radio (‘‘NPR’’) and other public pharmaceutical agent. For especially same for dependents of active duty broadcasting entities and for the use of cost-effective drugs, upon the members (and other beneficiaries published pictorial, graphic and recommendation of the Pharmacy and covered by 10 U.S.C. 1079) as for sculptural works by public broadcasting Therapeutics Committee, prescriptions retirees (and other beneficiaries covered entities pursuant to the statutory license for a longer period supply, not to exceed by 10 U.S.C. 1086). under section 118 of the Copyright Act 90 days, may be authorized for the same (B) For purposes of paragraph for the period 2013–2017. co-payment. (i)(2)(x)(A) of this section (the DATES: Comments and objections, if any, (C) $25.00 co-payment per requirement that non-formulary cost are due no later than July 26, 2012. prescription for up to a 30-day supply sharing shall not exceed amounts ADDRESSES: Comments and objections of a non-formulary pharmaceutical generally comparable to 20 percent for may be sent electronically to agent. active duty dependents and 25 percent [email protected]. In the alternative, send an (D) $0.00 co-payment for vaccines/ for retirees and their dependents), those original, five copies and an electronic immunizations authorized as preventive maximum amounts will be calculated copy on a CD either by mail or by hand care for eligible beneficiaries. based on the average government cost of delivery. Please do not use multiple
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means of transmission. Comments and and terms for § 381.4 and § 381.8.2 (3) For performance of such a work in objections may not be delivered by an Section 801(b)(7)(A) of the Copyright a feature presentation of a station of overnight delivery service other than the Act, in pertinent part, requires the PBS: U.S. Postal Service Express Mail. If by Judges to publish in the Federal mail (including overnight delivery), Register rates and terms negotiated by 2013–2017 ...... $19.84 comments and objections must be copyright owners and public (4) For performance of such a work as addressed to: Copyright Royalty Board, broadcasting entities in order to afford background or theme music in a P.O. Box 70977, Washington, DC 20024– those who would be bound by such program of a station of PBS: 0977. If hand delivered by a private rates and terms an opportunity to party, comments and objections must be comment and/or object to the proposal. 2013–2017 ...... $4.18 brought to the Copyright Office, Public Today’s notice fulfills this requirement. (5) For the performance of such a Information Office, Library of Congress, The public may comment on and work in a feature presentation of NPR: James Madison Memorial Building, object to the proposed regulations Room LM–401, 101 Independence contained in this notice. Such 2013–2017 ...... $23.53 Avenue SE., Washington, DC 20559– comments and objections must be 6000, between 8:30 a.m. and 5 p.m. If submitted no later than July 26, 2012. (6) For the performance of such a delivered by a commercial courier, work as background or theme music in comments and objections must be List of Subjects in 37 CFR Part 381 an NPR program: delivered between 8:30 a.m. and 4 p.m. Copyright, Music, Radio, Television, 2013–2017 ...... $5.70 to the Congressional Courier Acceptance Rates. Site located at 2nd and D Street NE., (7) For the performance of such a Washington, DC, and the envelope must Proposed Regulations work in a feature presentation of a be addressed to: Copyright Royalty For the reasons set forth in the station of NPR: Board, Library of Congress, James preamble, the Copyright Royalty Judges Madison Memorial Building, Room LM– propose to amend Part 381 to Chapter III 2013–2017 ...... $1.66 403, 101 Independence Avenue SE., of title 37 of the Code of Federal (8) For the performance of such a Washington, DC 20559–6000. Regulations to read as follows: work as background or theme music in a program of a station of NPR: FOR FURTHER INFORMATION CONTACT: PART 381—USE OF CERTAIN LaKeshia Keys, Program Specialist, by COPYRIGHTED WORKS IN 2013–2017 ...... $.59 telephone (202) 707–7658 or email at CONNECTION WITH [email protected]. NONCOMMERCIAL EDUCATIONAL * * * * * 3. Section 381.8 is amended as BROADCASTING SUPPLEMENTARY INFORMATION: On April follows: 25, 2012, the Copyright Royalty Judges 1. The authority citation for part 381 a. By revising paragraphs (b)(1)(i)–(ii); published for comment in the Federal continues to read as follows: and Register proposed rates and terms for b. In paragraph (f), by removing the 2013–2017 license period for the use Authority: 17 U.S.C. 118, 801(b)(1) and ‘‘2012’’ and adding ‘‘2017’’ in its place. of certain copyrighted works in 803. The revisions read as follows: connection with noncommercial 2. Section 381.4 is amended as § 381.8 Terms and rates of royalty television and radio broadcasting under follows: payments for the use of published pictorial, section 118 of the Copyright Act, title 17 a. By revising paragraphs (a)(1)–(8); graphic, and sculptural works. of the United States Code. 77 FR 24662 and * * * * * (April 25, 2012). The proposed rates and b. In paragraph (c), by removing (b) Royalty rate. (1) The following terms were submitted to the Judges by ‘‘2008’’ and adding ‘‘2013’’ in its place, schedule of rates shall apply to the use certain parties who filed petitions to and by removing ‘‘2012’’ and adding of works within the scope of this participate in the proceeding.1 However, ‘‘2017’’ in its place. section: the Judges received no proposal for two The revisions read as follows: (i) For such uses in a PBS-distributed sections, namely, § 381.4, which program: governed performance of musical § 381.4 Performance of musical compositions by PBS, NPR and other public compositions by PBS, NPR and other (A) For featured display of a work $70.75 public broadcasting entities engaged in broadcasting entities engaged in the (B) For background and montage the activities of 17 U.S.C. 118(c), and activities set forth in 17 U.S.C. 118(c). display ...... 34.50 § 381.8, which governed the terms and * * * * * (C) For use of a work for program rates of royalty payments for the use of (a) Determination of royalty rate. identification or for thematic published pictorial, graphic and (1) For performance of such work in use ...... 139.46 sculptural works in PBS-distributed a feature presentation of PBS: (D) For the display of an art re- programs as well as in other PBS- production copyrighted sepa- rately from the work of fine art distributed programs. Consequently, the 2013–2017 ...... $232.18 from which the work was re- Judges proposed removing these produced irrespective of wheth- sections and reserving the section (2) For performance of such a work as background or theme music in a PBS er the reproduced work of fine numbers. art is copyrighted so as to be program: In response to the April 25 proposed subject also to payment of a rule, the Judges received from PBS and display fee under the terms of 2013–2017 ...... $58.51 the schedule ...... 45.82 NPR a joint proposal setting forth rates (ii) For such uses in other than PBS- 2 Comments regarding the other proposed changes 1 For the general background of this proceeding, were also received. Such comments will be distributed programs: including the list of parties who filed a petition to addressed in a future publication adopting final participate, see 77 FR 24663 (April 25, 2012). regulations. (A) For featured display of a work $45.82
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(B) For background and montage The BLM need not consider, or include for the rule comments received after the display ...... 23.48 in the administrative record for the final close of the comment period (see DATES) (C) For use of a work for program rule, comments that the BLM receives or comments delivered to an address identification or for thematic after the close of the comment period or other than those listed above (see use ...... 93.65 ADDRESSES (D) For the display of an art re- comments delivered to an address other ). production copyrighted sepa- than those listed below (see ADDRESSES). Comments, including names and rately from the work of fine art ADDRESSES: Mail: U.S. Department of street addresses of respondents, will be from which the work was re- the Interior, Director (630), Bureau of available for public review at the produced irrespective of wheth- Land Management, Mail Stop 2134 LM, address listed under ADDRESSES during er the reproduced work of fine 1849 C St. NW., Washington, DC 20240, regular hours (7:45 a.m. to 4:15 p.m.), art is copyrighted so as to be Attention: 1004–AE26. Personal or Monday through Friday, except subject also to payment of a messenger delivery: Bureau of Land holidays. display fee under the terms of Before including your address, the schedule ...... 23.49 Management, 20 M Street SE., Room 2134 LM, Attention: Regulatory Affairs, telephone number, email address, or * * * * * Washington, DC 20003. Federal other personal identifying information Dated: June 20, 2012. eRulemaking Portal: http:// in your comment, be advised that your Suzanne M. Barnett, www.regulations.gov. Follow the entire comment—including your Chief Copyright Royalty Judge. instructions at this Web site. personal identifying information—may FOR FURTHER INFORMATION CONTACT: be made publicly available at any time. [FR Doc. 2012–15538 Filed 6–25–12; 8:45 am] While you can ask in your comment to BILLING CODE 1410–72–P Steven Wells, Division Chief, Fluid Minerals Division, 202–912–7143 for withhold from public review your information regarding the substance of personal identifying information, we cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR the rule or information about the BLM’s Fluid Minerals Program. Persons who do so. Bureau of Land Management use a telecommunications device for the Background deaf (TDD) may call the Federal The proposed rule was published on 43 CFR Part 3160 Information Relay Service (FIRS) at 1– 800–877–8339 to contact the above May 11, 2012 (77 FR 27691), with a 60- [WO–300–L13100000.FJ0000] individual during normal business day comment period closing on July 10, 2012. Since publication, the BLM has RIN 1004–AE26 hours. FIRS is available 24 hours a day, 7 days a week to leave a message or received numerous requests for extension of the comment period on the Oil and Gas; Well Stimulation, question with the above individual. You proposed rule. Because of the Including Hydraulic Fracturing, on will receive a reply during normal complexity of the rule and due to the Federal and Indian Lands business hours. controversial nature of well stimulation SUPPLEMENTARY INFORMATION: AGENCY: Bureau of Land Management, procedures, the BLM is hereby Interior. Public Comment Procedures extending the comment period on the rule for 60 days. The closing date of the ACTION: Proposed rule; extension of If you wish to comment, you may extended comment period is September comment period. submit your comments by any one of 10, 2012. several methods: SUMMARY: On May 11, 2012, the Bureau Mail: You may mail comments to U.S. Dated: June 20, 2012. of Land Management (BLM) published Department of the Interior, Director Marcilynn A. Burke, in the Federal Register a proposed rule (630), Bureau of Land Management, Acting Assistant Secretary, Land and to regulate hydraulic fracturing on Mail Stop 2134LM, 1849 C Street NW., Minerals Management. public land and Indian land. The rule Washington, DC 20240, Attention: [FR Doc. 2012–15557 Filed 6–25–12; 8:45 am] would require disclosure to the public 1004–AE26. Personal or messenger BILLING CODE 4310–84–P of chemicals used in hydraulic delivery: Bureau of Land Management, fracturing on public land and Indian 20 M Street SE., Room 2134 LM, land, strengthen regulations related to Attention: Regulatory Affairs, DEPARTMENT OF TRANSPORTATION well-bore integrity, and address issues Washington, DC 20003. Federal related to flowback water. This rule is eRulemaking Portal: http:// National Highway Traffic Safety necessary to provide useful information www.regulations.gov. Follow the Administration to the public and to help ensure that instructions at this Web site. hydraulic fracturing is conducted in a Please make your comments as 49 CFR Part 541 way that adequately protects the specific as possible by confining them to environment. issues directly related to the content of [Docket No. NHTSA–2012–0072] Due to the complexity of the rule and this proposed rule, and explain the basis the issues surrounding it, the BLM is Preliminary Theft Data; Motor Vehicle for your comments. The comments and Theft Prevention Standard extending the comment period for 60 recommendations that will be most days beyond the end of the initial useful and likely to influence agency AGENCY: National Highway Traffic comment period. As a result of this decisions are: Safety Administration (NHTSA), extension, the comment period will now 1. Those supported by quantitative Department of Transportation (DOT). close on September 10, 2012. information or studies; and ACTION: Publication of preliminary theft DATES: The comment period for the 2. Those that include citations to, and data; request for comments. proposed rule published May 11, 2012, analyses of, the applicable laws and at 77 FR 27691, is extended. Send your regulations. SUMMARY: This document requests comments on this proposed rule to the The BLM is not obligated to consider comments on data about passenger BLM on or before September 10, 2012. or include in the Administrative Record motor vehicle thefts that occurred in
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calendar year (CY) 2010 including theft business, labor union, etc.). You may (EPA). As in all previous reports, rates for existing passenger motor review DOT’s complete Privacy Act NHTSA’s data were based on vehicle lines manufactured in model Statement in the Federal Register information provided to NHTSA by the year (MY) 2010. The preliminary theft published on April 11, 2000 (65 FR National Crime Information Center data indicate that the vehicle theft rate 19477–78) or you may visit http:// (NCIC) of the Federal Bureau of for CY/MY 2010 vehicles (1.17 thefts DocketsInfo.dot.gov. Investigation. The NCIC is a government per thousand vehicles) decreased by Docket: For access to the docket to system that receives vehicle theft 12.03 percent from the theft rate for CY/ read background documents or information from approximately 23,000 MY 2009 vehicles (1.33 thefts per comments received, go to http:// criminal justice agencies and other law thousand vehicles). www.regulations.gov or the street enforcement authorities throughout the Publication of these data fulfills address listed above. Follow the online United States. The NCIC data also NHTSA’s statutory obligation to instructions for accessing the dockets. include reported thefts of self-insured periodically obtain accurate and timely FOR FURTHER INFORMATION CONTACT: Ms. and uninsured vehicles, not all of which theft data, and publish the information Deborah Mazyck, Office of International are reported to other data sources. for review and comment. Policy, Fuel Economy and Consumer The preliminary 2010 theft data show DATES: Comments must be submitted on Programs, NHTSA, 1200 New Jersey a decrease in the vehicle theft rate when or before August 27, 2012. Avenue SE., Washington, DC 20590. Ms. compared to the theft rate experienced ADDRESSES: You may submit comments Mazyck’s telephone number is (202) in CY/MY 2009 (For 2009 theft data, see [identified by Docket No. NHTSA– 366–4139. Her fax number is (202) 493– 76 FR 65610, October 24, 2011). The 2012–0072] by any of the following 2990. preliminary theft rate for MY 2010 methods: SUPPLEMENTARY INFORMATION: NHTSA passenger vehicles stolen in calendar • Federal eRulemaking Portal: Go to administers a program for reducing year 2010 decreased to 1.17 thefts per http://www.regulations.gov. Follow the motor vehicle theft. The central feature thousand vehicles produced, a decrease online instructions for submitting of this program is the Federal Motor of 12.03 percent from the rate of 1.33 comments. Vehicle Theft Prevention Standard, 49 thefts per thousand vehicles • Mail: Docket Management Facility: CFR Part 541. The standard specifies experienced by MY vehicles in CY 2009. U.S. Department of Transportation, 1200 performance requirements for inscribing For MY 2010 vehicles, out of a total of New Jersey Avenue SE., West Building or affixing vehicle identification 225 vehicle lines, three lines had a theft Ground Floor, Room W12–140, numbers (VINs) onto certain major rate higher than 3.5826 per thousand Washington, DC 20590–0001. original equipment and replacement vehicles, the established median theft • Hand Delivery or Courier: West parts of high-theft lines of passenger rate for MYs 1990/1991 (See 59 FR Building Ground Floor, Room W12–140, motor vehicles. 12400, March 16, 1994). Of the three 1200 New Jersey Avenue SE., between The agency is required by 49 U.S.C. vehicle lines with a theft rate higher 9 a.m. and 5 p.m. ET, Monday through 33104(b)(4) to periodically obtain, from than 3.5826, three are passenger car Friday, except Federal holidays. the most reliable source, accurate and lines, none are multipurpose passenger • Fax: 202–493–2251. timely theft data and publish the data vehicle lines, and none are light-duty Instructions: For detailed instructions for review and comment. To fulfill the truck lines. on submitting comments and additional § 33104(b)(4) mandate, this document The agency believes that the theft rate information on the rulemaking process, reports the preliminary theft data for CY reduction is a result of several factors, see the Public Participation heading of 2010, the most recent calendar year for including vehicle parts marking; the the Supplementary Information section which data are available. increased use of standard antitheft of this document. Note that all In calculating the 2010 theft rates, devices and other advances in electronic comments received will be posted NHTSA followed the same procedures it technology (i.e., immobilizers) and theft without change to http:// has used since publication of the 1983/ prevention methods; increased and www.regulations.gov, including any 1984 theft rate data (50 FR 46669, improved prosecution efforts by law personal information provided. Please November 12, 1985). The 2010 theft rate enforcement organizations; and see the Privacy Act heading below. for each vehicle line was calculated by increased public awareness which may Privacy Act: Anyone is able to search dividing the number of reported thefts have contributed to the overall the electronic form of all comments of MY 2010 vehicles of that line stolen reduction in vehicle thefts. The received into any of our dockets by the during calendar year 2010 by the total preliminary MY 2010 theft rate name of the individual submitting the number of vehicles in that line reduction is consistent with the general comment (or signing the comment, if manufactured for MY 2010, as reported decreasing trend of theft rates over the submitted on behalf of an association, to the Environmental Protection Agency past 18 years as indicated by Figure 1.
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Theft Rate per Thousand Vehicles address given above, and two copies closing date, and it is recommended that Produced from which the purportedly confidential interested persons continue to examine In Table I, NHTSA has tentatively information has been deleted should be the docket for new material. ranked each of the MY 2010 vehicle submitted to the dockets. A request for Those persons desiring to be notified lines in descending order of theft rate. confidentiality should be accompanied upon receipt of their comments in the Public comment is sought on the by a cover letter setting forth the rules docket should enclose a self- accuracy of the data, including the data information specified in the agency’s addressed, stamped postcard in the for the production volumes of confidential business information envelope with their comments. Upon individual vehicle lines. regulation. 49 CFR part 512. receiving the comments, the docket Comments must not exceed 15 pages All comments received before the supervisor will return the postcard by in length (49 CFR 553.21). Attachments close of business on the comment mail. may be appended to these submissions closing date indicated above for this Privacy Act: Anyone is able to search without regard to the 15-page limit. This document will be considered, and will the electronic form of all comments limitation is intended to encourage be available for examination in the received into any of our dockets by the commenters to detail their primary docket at the above address both before name of the individual submitting the arguments in a concise fashion. and after that date. To the extent comment (or signing the comment, if If a commenter wishes to submit possible, comments filed after the submitted on behalf of an association, certain information under a claim of closing date will also be considered. business, labor union, etc.). You may confidentiality, three copies of the Comments on this document will be review DOT’s complete Privacy Act complete submission, including available for inspection in the docket. Statement in the Federal Register purportedly confidential business NHTSA will continue to file relevant published on April 11, 2000 (Volume information, should be submitted to the information as it becomes available for 65, Number 70; Pages 19477–78) or you Chief Counsel, NHTSA, at the street inspection in the docket after the may visit http://DocketsInfo.dot.gov.
PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2010 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2010
2010 Theft rate Manufacturer Make/model (line) Thefts 2010 Production (per 1,000 vehi- (Mfr’s) 2010 cles produced)
1 ...... CHRYSLER ...... DODGE CHARGER ...... 532 88,032 6.0433 2 ...... GENERAL MOTORS ...... PONTIAC G6 ...... 111 25,586 4.3383 3 ...... GENERAL MOTORS ...... CHEVROLET IMPALA ...... 579 150,391 3.8500 4 ...... CHRYSLER ...... 300 ...... 185 52,261 3.5399 5 ...... NISSAN ...... INFINITI FX35 ...... 30 9,385 3.1966 6 ...... MITSUBISHI ...... GALANT ...... 38 12,053 3.1527
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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2010 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2010—Continued
2010 Theft rate Manufacturer Make/model (line) Thefts 2010 Production (per 1,000 vehi- (Mfr’s) 2010 cles produced)
7 ...... CHRYSLER ...... SEBRING ...... 130 43,022 3.0217 8 ...... TOYOTA ...... LEXUS SC ...... 1 335 2.9851 9 ...... CHRYSLER ...... DODGE AVENGER ...... 197 67,604 2.9140 10 ...... KIA ...... RIO ...... 55 18,975 2.8986 11 ...... NISSAN ...... INFINITI M35/M45 ...... 12 4,287 2.7992 12 ...... GENERAL MOTORS ...... CHEVROLET HHR ...... 178 64,733 2.7498 13 ...... FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 27 9,937 2.7171 14 ...... MERCEDES-BENZ ...... CL-CLASS ...... 3 1,124 2.6690 15 ...... BMW ...... 7 ...... 15 5,702 2.6307 16 ...... HYUNDAI ...... SONATA ...... 195 77,219 2.5253 17 ...... HYUNDAI ...... ACCENT ...... 139 55,245 2.5161 18 ...... KIA ...... OPTIMA ...... 60 25,135 2.3871 19 ...... GENERAL MOTORS ...... CADILLAC DTS ...... 36 15,744 2.2866 20 ...... FORD MOTOR CO ...... MUSTANG ...... 162 72,346 2.2392 21 ...... GENERAL MOTORS ...... CHEVROLET COBALT ...... 260 116,273 2.2361 22 ...... VOLVO ...... C70 ...... 5 2,238 2.2341 23 ...... CHRYSLER ...... DODGE CALIBER ...... 103 47,199 2.1822 24 ...... TOYOTA ...... CAMRY/SOLARA ...... 691 317,754 2.1746 25 ...... GENERAL MOTORS ...... CHEVROLET MALIBU ...... 381 183,777 2.0732 26 ...... GENERAL MOTORS ...... CHEVROLET AVEO ...... 65 31,692 2.0510 27 ...... NISSAN ...... VERSA ...... 162 79,164 2.0464 28 ...... CHRYSLER ...... DODGE CHALLENGER ...... 106 51,812 2.0459 29 ...... HONDA ...... PILOT ...... 42 22,528 1.8643 30 ...... BMW ...... 6 ...... 5 2,808 1.7806 31 ...... CHRYSLER ...... SEBRING CONVERTIBLE ...... 16 9,219 1.7355 32 ...... MITSUBISHI ...... ENDEAVOR ...... 8 4,674 1.7116 33 ...... VOLVO ...... S40 ...... 12 7,306 1.6425 34 ...... CHRYSLER ...... JEEP COMPASS ...... 30 18,549 1.6173 35 ...... GENERAL MOTORS ...... CHEVROLET CAMARO ...... 190 117,961 1.6107 36 ...... FORD MOTOR CO ...... FOCUS ...... 279 176,089 1.5844 37 ...... AUDI ...... AUDI S4/S5 ...... 11 7,068 1.5563 38 ...... NISSAN ...... PATHFINDER ...... 16 10,308 1.5522 39 ...... GENERAL MOTORS ...... CADILLAC CTS ...... 61 40,045 1.5233 40 ...... NISSAN ...... ALTIMA ...... 340 224,551 1.5141 41 ...... GENERAL MOTORS ...... PONTIAC VIBE ...... 21 14,075 1.4920 42 ...... FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 41 27,956 1.4666 43 ...... SUZUKI ...... SX4 ...... 19 13,405 1.4174 44 ...... KIA ...... FORTE ...... 137 98,010 1.3978 45 ...... FORD MOTOR CO ...... TAURUS ...... 87 62,367 1.3950 46 ...... GENERAL MOTORS ...... SATURN VUE ...... 4 2,904 1.3774 47 ...... TOYOTA ...... 4RUNNER ...... 18 13,345 1.3488 48 ...... NISSAN ...... MAXIMA ...... 89 66,639 1.3356 49 ...... NISSAN ...... XTERRA ...... 31 23,420 1.3237 50 ...... MAZDA ...... 5 ...... 26 20,150 1.2903 51 ...... TOYOTA ...... COROLLA ...... 615 478,294 1.2858 52 ...... HYUNDAI ...... ELANTRA ...... 194 151,343 1.2819 53 ...... PORSCHE ...... PANAMERA ...... 7 5,531 1.2656 54 ...... NISSAN ...... SENTRA ...... 116 92,736 1.2509 55 ...... SUBARU ...... B9 TRIBECA ...... 3 2,412 1.2438 56 ...... FORD MOTOR CO ...... FUSION ...... 341 280,461 1.2159 57 ...... FORD MOTOR CO ...... MERCURY MILAN ...... 47 38,824 1.2106 58 ...... TOYOTA ...... YARIS ...... 74 63,285 1.1693 59 ...... MAZDA ...... 6 ...... 53 45,410 1.1671 60 ...... NISSAN ...... INFINITI G37 ...... 49 42,113 1.1635 61 ...... TOYOTA ...... SCION XB ...... 24 20,718 1.1584 62 ...... TOYOTA ...... MATRIX ...... 31 26,950 1.1503 63 ...... VOLKSWAGEN ...... JETTA/GLI ...... 142 123,543 1.1494 64 ...... VOLKSWAGEN ...... CC ...... 33 29,078 1.1349 65 ...... MERCEDES-BENZ ...... S-CLASS ...... 17 15,555 1.0929 66 ...... MERCEDES-BENZ ...... GLK-CLASS ...... 38 35,364 1.0745 67 ...... VOLKSWAGEN ...... NEW BEETLE ...... 18 16,829 1.0696 68 ...... TOYOTA ...... SCION TC ...... 21 19,786 1.0614 69 ...... HONDA ...... ACURA 3.5 RL ...... 3 2,859 1.0493 70 ...... KIA ...... SPORTAGE ...... 13 12,465 1.0429 71 ...... GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 12 11,615 1.0331 72 ...... MAZDA ...... 3 ...... 164 158,778 1.0329 73 ...... MERCEDES-BENZ ...... C-CLASS ...... 58 56,579 1.0251 74 ...... MASERATI ...... GRANTURISMO ...... 1 989 1.0111 75 ...... GENERAL MOTORS ...... CADILLAC STS ...... 3 3,010 0.9967
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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2010 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2010—Continued
2010 Theft rate Manufacturer Make/model (line) Thefts 2010 Production (per 1,000 vehi- (Mfr’s) 2010 cles produced)
76 ...... GENERAL MOTORS ...... BUICK LACROSSE/ALLURE ...... 55 55,836 0.9850 77 ...... FORD MOTOR CO ...... FLEX ...... 22 22,451 0.9799 78 ...... MERCEDES-BENZ ...... E-CLASS ...... 61 63,473 0.9610 79 ...... FORD MOTOR CO ...... LINCOLN MKS ...... 14 14,730 0.9504 80 ...... CHRYSLER ...... DODGE JOURNEY ...... 70 74,562 0.9388 81 ...... GENERAL MOTORS ...... BUICK LUCERNE ...... 19 20,529 0.9255 82 ...... JAGUAR LAND ROVER ...... XK/XKR ...... 2 2,198 0.9099 83 ...... CHRYSLER ...... JEEP LIBERTY ...... 44 48,487 0.9075 84 ...... KIA ...... SOUL ...... 68 75,847 0.8965 85 ...... BMW ...... 3 ...... 42 47,715 0.8802 86 ...... FORD MOTOR CO ...... EDGE ...... 105 119,546 0.8783 87 ...... CHRYSLER ...... DODGE NITRO ...... 17 19,432 0.8748 88 ...... AUDI ...... AUDI A3 ...... 4 4,587 0.8720 89 ...... HYUNDAI ...... GENESIS ...... 25 29,056 0.8604 90 ...... BMW ...... Z4/M ...... 1 1,165 0.8584 91 ...... JAGUAR LAND ROVER ...... XF ...... 7 8,206 0.8530 92 ...... HONDA ...... ACCORD CROSSTOUR ...... 29 34,114 0.8501 93 ...... HONDA ...... CIVIC ...... 217 259,907 0.8349 94 ...... AUDI ...... AUDI TT ...... 1 1,201 0.8326 95 ...... TOYOTA ...... FJ CRUISER ...... 16 19,395 0.8250 96 ...... FORD MOTOR CO ...... LINCOLN MKZ ...... 23 27,963 0.8225 97 ...... SUBARU ...... IMPREZA ...... 31 38,000 0.8158 98 ...... TOYOTA ...... LEXUS LS ...... 11 13,636 0.8067 99 ...... BENTLEY MOTORS ...... CONTINENTAL ...... 1 1,249 0.8006 100 ...... TOYOTA ...... SIENNA VAN ...... 43 54,895 0.7833 101 ...... NISSAN ...... CUBE ...... 15 19,411 0.7728 102 ...... HONDA ...... ACURA ZDX ...... 3 3,994 0.7511 103 ...... FORD MOTOR CO ...... ESCAPE ...... 146 200,970 0.7265 104 ...... GENERAL MOTORS ...... GMC CANYON PICKUP ...... 6 8,394 0.7148 105 ...... NISSAN ...... GT–R ...... 1 1,420 0.7042 106 ...... HONDA ...... ACCORD ...... 198 281,286 0.7039 107 ...... HYUNDAI ...... SANTA FE ...... 39 55,423 0.7037 108 ...... MITSUBISHI ...... LANCER ...... 21 29,952 0.7011 109 ...... KIA ...... SEDONA VAN ...... 11 15,716 0.6999 110 ...... TOYOTA ...... TACOMA PICKUP ...... 77 111,599 0.6900 111 ...... TOYOTA ...... HIGHLANDER ...... 58 84,152 0.6892 112 ...... AUDI ...... AUDI A4/A5 ...... 26 38,497 0.6754 113 ...... MERCEDES-BENZ ...... SLK-CLASS ...... 1 1,505 0.6645 114 ...... NISSAN ...... 370Z ...... 7 10,913 0.6414 115 ...... GENERAL MOTORS ...... CADILLAC SRX ...... 31 48,740 0.6360 116 ...... TOYOTA ...... SCION XD ...... 10 15,884 0.6296 117 ...... CHRYSLER ...... JEEP PATRIOT ...... 25 40,670 0.6147 118 ...... HONDA ...... ACURA MDX ...... 21 34,613 0.6067 119 ...... AUDI ...... AUDI A6 ...... 4 6,777 0.5902 120 ...... SUZUKI ...... KIZASHI ...... 4 6,807 0.5876 121 ...... KIA ...... RONDO ...... 1 1,713 0.5838 122 ...... NISSAN ...... FRONTIER PICKUP ...... 26 44,888 0.5792 123 ...... FORD MOTOR CO ...... LINCOLN MKX ...... 12 21,164 0.5670 124 ...... FORD MOTOR CO ...... CROWN VICTORIA ...... 1 1,809 0.5528 125 ...... TOYOTA ...... VENZA ...... 27 49,445 0.5461 126 ...... VOLKSWAGEN ...... TIGUAN ...... 9 17,505 0.5141 127 ...... BMW ...... 1 ...... 3 5,890 0.5093 128 ...... HONDA ...... INSIGHT ...... 22 43,523 0.5055 129 ...... TOYOTA ...... LEXUS IS ...... 21 41,696 0.5036 130 ...... NISSAN ...... ROGUE ...... 44 89,165 0.4935 131 ...... TOYOTA ...... RAV4 ...... 89 180,634 0.4927 132 ...... HONDA ...... ELEMENT ...... 8 16,560 0.4831 133 ...... HONDA ...... ACURA TSX ...... 23 47,770 0.4815 134 ...... TOYOTA ...... AVALON ...... 7 14,551 0.4811 135 ...... HYUNDAI ...... TUCSON ...... 11 22,950 0.4793 136 ...... GENERAL MOTORS ...... CHEVROLET COLORADO PICKUP ...... 12 25,073 0.4786 137 ...... VOLVO ...... V50 ...... 1 2,148 0.4655 138 ...... FORD MOTOR CO ...... MERCURY MARINER ...... 14 30,142 0.4645 139 ...... SUBARU ...... LEGACY ...... 16 34,726 0.4607 140 ...... CHRYSLER ...... JEEP WRANGLER ...... 45 98,149 0.4585 141 ...... BMW ...... MINI COOPER ...... 18 40,706 0.4422 142 ...... VOLKSWAGEN ...... GOLF/RABBIT/GTI ...... 11 24,911 0.4416 143 ...... TOYOTA ...... LEXUS GS ...... 3 6,801 0.4411 144 ...... CHRYSLER ...... PT CRUISER ...... 5 11,358 0.4402
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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2010 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2010—Continued
2010 Theft rate Manufacturer Make/model (line) Thefts 2010 Production (per 1,000 vehi- (Mfr’s) 2010 cles produced)
145 ...... MAZDA ...... MX–5 MIATA ...... 3 7,090 0.4231 146 ...... TOYOTA ...... LEXUS ES ...... 23 54,389 0.4229 147 ...... HONDA ...... ACURA 3.2 TL ...... 15 37,466 0.4004 148 ...... FORD MOTOR CO ...... RANGER PICKUP ...... 22 58,434 0.3765 149 ...... NISSAN ...... MURANO ...... 22 58,921 0.3734 150 ...... AUDI ...... AUDI Q5 ...... 7 18,853 0.3713 151 ...... SUBARU ...... OUTBACK ...... 25 71,253 0.3509 152 ...... VOLVO ...... S80 ...... 3 8,805 0.3407 153 ...... BMW ...... 5 ...... 12 35,988 0.3334 154 ...... SUBARU ...... FORESTER ...... 37 111,861 0.3308 155 ...... TOYOTA ...... LEXUS RX ...... 49 152,431 0.3215 156 ...... HONDA ...... CR–V ...... 64 200,327 0.3195 157 ...... TOYOTA ...... PRIUS ...... 78 250,553 0.3113 158 ...... VOLVO ...... XC90 ...... 3 9,846 0.3047 159 ...... VOLKSWAGEN ...... PASSAT ...... 4 13,204 0.3029 160 ...... GENERAL MOTORS ...... GMC TERRAIN ...... 13 48,605 0.2675 161 ...... SUZUKI ...... VITARA/GRAND VITARA ...... 2 7,498 0.2667 162 ...... HONDA ...... ODYSSEY VAN ...... 30 113,418 0.2645 163 ...... MITSUBISHI ...... OUTLANDER ...... 4 15,936 0.2510 164 ...... PORSCHE ...... 911 ...... 1 4,030 0.2481 165 ...... TOYOTA ...... LEXUS HS ...... 4 18,091 0.2211 166 ...... FORD MOTOR CO ...... TRANSIT CONNECT VAN ...... 8 36,886 0.2169 167 ...... HONDA ...... ACURA RDX ...... 3 14,117 0.2125 168 ...... NISSAN ...... INFINITI EX35 ...... 2 9,536 0.2097 169 ...... GENERAL MOTORS ...... CHEVROLET EQUINOX ...... 29 139,654 0.2077 170 ...... SAAB ...... 9–3 ...... 1 5,090 0.1965 171 ...... VOLVO ...... XC60 ...... 3 17,202 0.1744 172 ...... VOLKSWAGEN ...... EOS ...... 1 5,762 0.1736 173 ...... MAZDA ...... CX–7 ...... 7 40,443 0.1731 174 ...... HONDA ...... FIT ...... 12 69,465 0.1727 175 ...... BMW ...... X3 ...... 1 6,566 0.1523 176 ...... MAZDA ...... CX–9 ...... 1 15,464 0.0647 177 ...... ASTON MARTIN ...... DB9 ...... 0 68 0.0000 178 ...... ASTON MARTIN ...... DBS ...... 0 169 0.0000 179 ...... ASTON MARTIN ...... RAPIDE ...... 0 135 0.0000 180 ...... ASTON MARTIN ...... VANTAGE ...... 0 229 0.0000 181 ...... AUDI ...... AUDI A8 ...... 0 649 0.0000 182 ...... AUDI ...... AUDI R8 ...... 0 546 0.0000 183 ...... AUDI ...... AUDI S6 ...... 0 140 0.0000 184 ...... BENTLEY MOTORS ...... AZURE ...... 0 38 0.0000 185 ...... BENTLEY MOTORS ...... BROOKLANDS ...... 0 2 0.0000 186 ...... BMW ...... M3 ...... 0 1,869 0.0000 187 ...... BMW ...... M5 ...... 0 386 0.0000 188 ...... BMW ...... M6 ...... 0 523 0.0000 189 ...... BUGATTI ...... VEYRON ...... 0 8 0.0000 190 ...... CHRYSLER ...... DODGE VIPER ...... 0 384 0.0000 191 ...... FERRARI ...... 458 ...... 0 474 0.0000 192 ...... FERRARI ...... 599 ...... 0 153 0.0000 193 ...... FERRARI ...... 612 SCAGLIETTI ...... 0 26 0.0000 194 ...... FERRARI ...... CALIFORNIA ...... 0 1,127 0.0000 195 ...... GENERAL MOTORS ...... CADILLAC FUNERAL COACH/HEARSE ..... 0 529 0.0000 196 ...... GENERAL MOTORS ...... CADILLAC LIMOUSINE ...... 0 272 0.0000 197 ...... GENERAL MOTORS ...... PONTIAC G5 ...... 0 3 0.0000 198 ...... GENERAL MOTORS ...... SATURN AURA ...... 0 20 0.0000 199 ...... HYUNDAI ...... AZERA ...... 0 1,121 0.0000 200 ...... HYUNDAI ...... VERACRUZ ...... 0 8,344 0.0000 201 ...... JAGUAR LAND ROVER ...... LAND ROVER LR2 ...... 0 4,430 0.0000 202 ...... JAGUAR LAND ROVER ...... XJ ...... 0 68 0.0000 203 ...... LAMBORGHINI ...... GALLARDO ...... 0 190 0.0000 204 ...... LAMBORGHINI ...... MURCIELAGO ...... 0 59 0.0000 205 ...... LOTUS ...... ELISE ...... 0 354 0.0000 206 ...... MASERATI ...... QUATTROPORTE ...... 0 394 0.0000 207 ...... MAZDA ...... RX–8 ...... 0 1,217 0.0000 208 ...... MAZDA ...... TRIBUTE ...... 0 4,180 0.0000 209 ...... MERCEDES-BENZ ...... CLS–CLASS ...... 0 1,352 0.0000 210 ...... MERCEDES-BENZ ...... MAYBACH 57 ...... 0 1 0.0000 211 ...... MERCEDES-BENZ ...... SMART FORTWO ...... 0 3,255 0.0000 212 ...... MITSUBISHI ...... ECLIPSE ...... 0 793 0.0000 213 ...... NISSAN ...... INFINITI FX50 ...... 0 460 0.0000
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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2010 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2010—Continued
2010 Theft rate Manufacturer Make/model (line) Thefts 2010 Production (per 1,000 vehi- (Mfr’s) 2010 cles produced)
214 ...... PORSCHE ...... BOXSTER ...... 0 1,421 0.0000 215 ...... PORSCHE ...... CAYMAN ...... 0 955 0.0000 216 ...... ROLLS ROYCE ...... GHOST ...... 0 604 0.0000 217 ...... ROLLS ROYCE ...... PHANTOM ...... 0 281 0.0000 218 ...... ROUSH PERFORMANCE ...... RPP MUSTANG ...... 0 766 0.0000 219 ...... SAAB ...... 9–5 ...... 0 644 0.0000 220 ...... SPYKER ...... C8 ...... 0 5 0.0000 221 ...... SUZUKI ...... EQUATOR PICKUP ...... 0 1,230 0.0000 222 ...... TESLA ...... ROADSTER ...... 0 278 0.0000 223 ...... VOLVO ...... C30 ...... 0 1,536 0.0000 224 ...... VOLVO ...... V70 ...... 0 1,496 0.0000 225 ...... VOLVO ...... XC70 ...... 0 6,379 0.0000
Authority: 49 U.S.C. 33101, 33102 and 0117’’, by any one of the following electronic comments to individual 33104; delegation of authority at 49 CFR 1.50. methods: NMFS staff. Issued on: June 7, 2012. • Electronic Submissions: Submit all Copies of the 2006 Consolidated Christopher J. Bonanti, electronic public comments via the Highly Migratory Species Fishery Associate Administrator for Rulemaking. Federal eRulemaking Portal, http:// Management Plan (Consolidated HMS www.regulations.gov. To submit FMP) and other relevant documents are [FR Doc. 2012–15597 Filed 6–25–12; 8:45 am] comments via the e-Rulemaking Portal, available from the Highly Migratory BILLING CODE 4910–59–P first click the ‘‘submit a comment’’ icon, Species Management Division Web site then enter ‘‘NOAA–NMFS–2012–0117’’ at www.nmfs.noaa.gov/sfa/hms. in the keyword search. Locate the FOR FURTHER INFORMATION CONTACT: Tom DEPARTMENT OF COMMERCE document you wish to comment on Warren at 978–281–9260, or LeAnn from the resulting list and click on the National Oceanic and Atmospheric Hogan at 301–427–8503. ‘‘Submit a Comment’’ icon on the right Administration SUPPLEMENTARY INFORMATION: The U.S. of that line. Atlantic tuna fisheries are managed • Fax: 978–281–9347, Attn: Tom under the Consolidated HMS FMP and 50 CFR Parts 300 and 635 Warren. • regulations at 50 CFR part 635, pursuant [Docket No. 120510051–2156–01] Mail: Thomas Warren, Highly to the authority of the Magnuson- Migratory Species Management RIN 0648–BC16 Stevens Fishery Conservation and Division, NMFS, 55 Great Republic Management Act (Magnuson-Stevens Drive, Gloucester, MA 01930. Atlantic Highly Migratory Species; • Act), and the Atlantic Tunas Convention Lifting Trade Restrictive Measures Instructions: Comments must be Act (ATCA). Under ATCA, the Secretary submitted by one of the above methods shall promulgate such regulations as AGENCY: National Marine Fisheries to ensure that the comments are may be necessary and appropriate to Service (NMFS), National Oceanic and received, documented, and considered carry out ICCAT Recommendations. Atmospheric Administration (NOAA), by NMFS. Comments sent by any other Commerce. method, or to any other address or Trade Measures ACTION: Proposed rule; request for individual, or received after the end of In 2002 and 2003, the Commission comments. the comment period, may not be adopted binding measures for Parties to considered. All comments received are prohibit the imports of Atlantic bigeye SUMMARY: NMFS proposes to adjust the a part of the public record and will tuna and its products from Bolivia and regulations governing the trade of tuna generally be posted to http:// Georgia, respectively. Specifically, and tuna-like species in the North and www.regulations.gov without change. Recommendations 02–17 and 03–18 South Atlantic Ocean to implement All Personal Identifying Information (for prohibited the imports to address recommendations adopted at the 2011 example, name, address, etc.) illegal, unreported, and unregulated meeting of the International voluntarily submitted by the commenter catches of tuna (especially bigeye tuna) Commission for the Conservation of may be publicly accessible. Do not by large-scale Bolivian and Georgian Atlantic Tunas (Commission). The submit Confidential Business longline vessels that operated in a proposed rule would lift the trade Information or otherwise sensitive or manner that diminished the restrictions on importing bigeye tuna protected information. NMFS will effectiveness of the Commission from Bolivia and Georgia. Additionally, accept anonymous comments (enter N/ measures. Recommendation 02–17 the proposed rule would make A in the required fields, if you wish to expressed concern regarding the administrative changes to the section remain anonymous). You may submit overfished status of bigeye tuna in the containing species-specific harmonized attachments to electronic comments in Atlantic Ocean and noted the tariff codes in support of the Microsoft Word or Excel, WordPerfect, Commission had reviewed information International Trade Program. or Adobe PDF file formats only. To be that Bolivian vessels fishing for Atlantic DATES: Written comments must be considered, electronic comments must bigeye tuna had continued to operate in received on or before July 26, 2012. be submitted via the Federal a manner that diminished the ADDRESSES: You may submit comments, eRulemaking Portal http:// effectiveness of the Commission identified by ‘‘NMFS–NOAA–2012– www.regulations.gov. Do not submit conservation and management
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measures. Similarly, Recommendation Atlantic bigeye tuna import prohibitions NMFS solicits comments on this 03–18 expressed concern regarding the in this rule to be administrative in proposed rule by July 26, 2012. overfished status of bigeye tuna in the nature. Classification Atlantic Ocean, and the Commission Consistent with the regulations at 50 had reviewed information that Georgian CFR 635.40(c), for 1 year after the date Pursuant to section 304(b)(1)(A) of the vessels had continued to operate in a of filing of the final rule lifting the Magnuson-Stevens Act, the NMFS manner that diminished the import restrictions, every shipment of Assistant Administrator has determined effectiveness of Commission fish in any form that was subject to the that this proposed rule is consistent conservation and management import restrictions will continue to be with the 2006 Consolidated HMS FMP, measures. Therefore, in 2004, NMFS denied entry, unless the shipment is other provisions of the Magnuson- published a final rule (69 FR 70396; accompanied by a certification executed Stevens Act, and other applicable law, December 6, 2004) that implemented the by an authorized official of the country subject to further consideration after Commission recommendations. The of export and authenticated by a public comment. This proposed rule has been final rule stated that when Bolivia or consular officer or consular agent of the determined to be not significant for Georgia brought its fishing practices into United States certifying that no portion purposes of Executive Order 12866. consistency with the Commission of the shipment is composed of fish conservation and management The Chief Council for Regulation of taken prior to or during the import the Department of Commerce certified measures, NMFS would take action to restriction. remove the appropriate import to the Chief Council for Advocacy of the restrictions. Harmonized Tariff Codes Small Business Administration that this At its 2011 annual meeting, the proposed rule, if adopted, would not NMFS also proposes administrative have a significant economic impact on Commission examined recent actions of changes in support of the International Bolivia and Georgia, and determined a substantial number of small entities. Trade Permit program. Importers, that the actions of their vessels no This proposed rule is necessary to exporters, and re-exporters of Atlantic, longer diminish the effectiveness of the implement recommendations of the Pacific, and Southern bluefin tuna, Commission’s conservation and International Commission for the swordfish, frozen bigeye tuna, and shark management measures. Some of the Conservation of Atlantic Tunas fins must obtain an International Trade relevant considerations of the (Commission), as required by the Permit consistent with regulations at 50 Commission were as follows: Atlantic Tunas Convention Act (ATCA), • Bolivia and Georgia have been CFR part 300, subpart M. Permit holders and to achieve domestic management responsive to Commission requests for must include the species-specific objectives under the Magnuson-Stevens information on actions taken to control harmonized tariff codes on the Fishery Conservation and Management their vessels. necessary trade documentation when Act (Magnuson-Stevens Act). Under • Since 2006, Bolivia has not trading these species. The Harmonized ATCA, the Secretary shall promulgate registered any fishing vessels to carry System is an international product such regulations as may be necessary out fishing-related activities in the nomenclature system developed by the and appropriate to carry out Convention area, and information World Customs Organization. It is Commission recommendations. available to the Commission has updated every 5 years, and the most In 2002 and 2003, the Commission indicated that Bolivia has not fished for recent update occurred in 2012, with adopted binding measures to prohibit Commission species in recent years. subsequent modifications to the the imports of Atlantic bigeye tuna and • Georgia has recently taken action to Harmonized Tariff Schedule of the its products from Bolivia and Georgia, de-register those of its vessels fishing United States. Thus, the section of the respectively. Specifically, without authorization in the Convention regulations that include harmonized Recommendations 02–17 and 03–18 area and has considered increased tariff codes for highly migratory species prohibited the imports to address the participation in the work of the products located at 50 CFR 300.184 issue of unreported and unregulated Commission. should be changed accordingly. The catches of tuna (especially bigeye tuna) Thus, the Commission adopted proposed changes are not expected to by large-scale Bolivian and Georgian Recommendation 11–19, which requires have economic impacts because they are longline vessels that operated in a Parties to lift import prohibitions on administrative in nature and do not alter manner that diminished the Atlantic bigeye tuna from Bolivia and the permit holders’ substantive effectiveness of Commission measures. Georgia as soon as possible in obligations; rather, the proposed In 2004, the National Marine Fisheries accordance with domestic procedures. changes would simply update the Service (NMFS) published a final rule When the import prohibitions were harmonized tariff codes to ensure that (69 FR 70396; December 6, 2004) implemented in the 2004 final rule, permit holders have the most recent implementing the recommendations. neither Bolivia nor Georgia had information in order to simplify At its 2011 annual meeting, the exported Atlantic bigeye tuna to the compliance with the regulations. The Commission determined that Bolivian United States in the past 10 years; Harmonized Tariff Schedule of the and Georgian vessels no longer diminish therefore, NMFS determined that the United States is published by the U.S. the effectiveness of the Commission’s import prohibitions would have no International Trade Commission. The conservation and management socioeconomic impact on fishery portion pertaining to fish, including measures. As a result, the Commission participants. Because there were no HMS species (chapter 3), is available at adopted Recommendation 11–19, which imports of Atlantic bigeye tuna from the following Web site: http:// requires Parties to lift import these countries prior to the www.usitc.gov/publications/docs/tata/ prohibitions on Atlantic bigeye tuna implementation of the prohibitions, and hts/bychapter/1202C03.pdf. from Bolivia and Georgia as soon as because NMFS does not expect imports possible in accordance with domestic Request for Comments in the future, NMFS does not expect procedures. Prior to 2004, neither that lifting the prohibitions would result Comments on this proposed rule may Bolivia nor Georgia had exported in socioeconomic impacts on U.S. be submitted via http:// Atlantic bigeye tuna to the United States entities. Thus, we consider lifting the www.regulations.gov, mail, or fax. in the past 10 years, so NMFS
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determined that the import prohibitions substantive obligations for ITP holders PART 300—INTERNATIONAL would have no socioeconomic impact or other regulated entities; rather, the FISHERIES REGULATIONS on fishery participants. Because there changes are necessary in order to were no imports of Atlantic bigeye tuna maintain consistency with current trade 1. The authority citation for part 300 from these countries prior to the regulations and to ensure that ITP continues to read as follows: implementation of the prohibitions, and holders have the most recent Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. because NMFS does not anticipate information in order to simplify 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. imports in the future, NMFS does not compliance with the regulations. 9701 et seq. expect that lifting the prohibitions As described above, the proposed 2. Section 300.184 is revised to read would result in socioeconomic impacts as follows: on U.S. entities. Thus, we consider the changes in this rule are administrative lifting of the Atlantic bigeye tuna import in nature and, if implemented, would § 300.184 Species subject to permitting, prohibitions in this rule to be not have a significant economic impact documentation, reporting, and administrative in nature. on a substantial number of small recordkeeping requirements. In this rulemaking, we would also entities. Because the proposed changes (a) Except as noted at (b), the consider administrative changes in would not have a significant impact on following fish or fish products are support of the International Trade a substantial number of small entities, subject to the requirements of this Permit (ITP) program. Importers, an initial regulatory flexibility analysis subpart, regardless of ocean area of exporters and re-exporters of Atlantic, is not required and none has been catch, and must be accompanied by the Pacific and Southern bluefin tuna, prepared. appropriate heading or subheading swordfish, frozen bigeye tuna, and shark numbers from the Harmonized Tariff fins must obtain an ITP consistent with List of Subjects Schedule of the United States (HTS). regulations at 50 CFR part 300, subpart 50 CFR Part 300 (1) bluefin tuna, M. There are currently 241 small (2) southern bluefin tuna, entities that hold an ITP. Permit holders Antarctica, Canada, Exports, Fish, (3) frozen bigeye tuna, must include the species-specific Fisheries, Fishing, Imports, Indians, (4) swordfish, and harmonized tariff codes on the Labeling, Marine resources, Reporting (5) shark fins. necessary trade documentation when and recordkeeping requirements, (b) For bluefin tuna, southern bluefin trading these species. The Harmonized Russian Federation, Transportation, tuna, frozen bigeye tuna, and swordfish, System is an international product Treaties, Wildlife. fish parts other than meat (e.g., heads, nomenclature system developed by the eyes, roe, guts, and tails) may be World Customs Organization. It is 50 CFR Part 635 imported without documentation. updated every 5 years, and the most Fisheries, Fishing, Fishing vessels, recent update occurred in 2012, with PART 635—ATLANTIC HIGHLY Foreign relations, Imports, Penalties, subsequent modifications to the MIGRATORY SPECIES Harmonized Tariff Schedule of the Reporting and recordkeeping United States. Because 50 CFR 300.184 requirements, Treaties. 3. The authority citation for part 635 currently lists the previous harmonized Dated: June 21, 2012. continues to read as follows: tariff codes for highly migratory species Paul N. Doremus, Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. products, the regulations need to be Deputy Assistant Administrator for changed to be consistent with the recent Operations, National Marine Fisheries § 635.41 [Amended] changes to the Harmonized Tariff Service. Schedule of the United States. These 4. In § 635.41, remove and reserve proposed administrative changes are not For the reasons set out in the paragraph (a). expected to have economic impacts preamble, 50 CFR parts 300 and 635 are [FR Doc. 2012–15582 Filed 6–25–12; 8:45 am] because they do not create or alter any proposed to be amended as follows: BILLING CODE 3510–22–P
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Notices Federal Register Vol. 77, No. 123
Tuesday, June 26, 2012
This section of the FEDERAL REGISTER and considering requests to amend the publication and implementation of new contains documents other than rules or regulations to allow the importation of requirements, as applicable. proposed rules that are applicable to the plants, plant parts, or plant products The Web site will also provide a public. Notices of hearings and investigations, that are not currently allowed means for stakeholders to consult with committee meetings, agency decisions and importation under the regulations. PPQ on drafts of risk assessments. To do rulings, delegations of authority, filing of petitions and applications and agency Persons who request changes to the this, stakeholders will first need to statements of organization and functions are import regulations and who wish to subscribe to the APHIS stakeholder examples of documents appearing in this import plants, plant parts, or plant registry 2 and submit an email address, section. products that are not allowed which will be used to send an alert importation into the United States, must whenever a draft risk assessment file a request with APHIS for becomes available for comment. We will DEPARTMENT OF AGRICULTURE consideration to determine whether the post the draft risk assessment on the new commodity may be safely Web site for 30 days to give stakeholders Animal and Plant Health Inspection imported. The regulations in § 319.5 set an opportunity to review the draft and Service forth the procedures for submitting provide comments via email. We will [Docket No. APHIS–2012–0006] requests and supporting information, consider the comments and make which includes information about the changes if warranted. While we will not Notice of Establishment of a requestor, information about the provide individual responses to Commodity Import Approval Process commodity to be imported, shipping stakeholders who have submitted Web Site information, a description of pests and comments on the draft risk assessment, diseases associated with the commodity, we will continue to respond to AGENCY: Animal and Plant Health risk mitigation or management comments submitted after availability of Inspection Service, USDA. strategies, and additional information as the completed risk assessment is ACTION: Notice. determined by APHIS to complete a pest announced in the Federal Register. Questions concerning PPQ’s Web site SUMMARY: risk analysis in accordance with We are announcing the for the commodity import approval creation of a new Plant Protection and international standards. Once the risk analysis has been completed and APHIS process for plants and plant products Quarantine Web site that will provide may be directed to the person listed stakeholders with information about the makes the determination that the risks under FOR FURTHER INFORMATION commodity import approval process for associated with the commodity in CONTACT. plants and plant products and give them question can be adequately mitigated, the opportunity to consult with us on the risk analysis is made available for Done in Washington, DC, this 20th day of risk assessments as they are being public comment either through a notice June 2012. drafted. We are doing this in response published in the Federal Register or as Kevin Shea, to stakeholder requests for more a supporting document with a proposed Acting Administrator, Animal and Plant information about the commodity rule published in the Federal Register. Health Inspection Service. import approval process and the Our stakeholders have expressed an [FR Doc. 2012–15562 Filed 6–25–12; 8:45 am] opportunity to comment on draft risk interest in knowing more about the BILLING CODE 3410–34–P assessments. This Web site will make commodity import approval process and the commodity import approval process participating at an earlier stage in the more visible to stakeholders and allow development of risk assessments as they DEPARTMENT OF AGRICULTURE them to comment on draft risk are being drafted. To this end, APHIS’ Foreign Agricultural Service assessments. Plant Protection and Quarantine (PPQ) program has created a Web site 1 that FOR FURTHER INFORMATION CONTACT: Ms. will provide stakeholders with WTO Agricultural Safeguard Trigger Charisse Cleare, Project Coordinator, information about the commodity Levels Regulations, Permits, and Manuals, import approval process for plants and AGENCY: PPQ, APHIS, 4700 River Road Unit 156, Foreign Agricultural Service, plant products, including fruits, U.S. Department of Agriculture Riverdale, MD 20737–1231; (301) 851– vegetables, plants for planting, cut ACTION: Notice of product coverage and 2037. flowers, wood, and wood products. The trigger levels for safeguard measures SUPPLEMENTARY INFORMATION: The Web site will describe each major step provided for in the World Trade regulations contained in 7 CFR part 319 in the commodity import approval Organization (WTO) Agreement on (referred to below as the regulations) process, including a general description Agriculture; Correction prohibit or restrict the importation of of the following: Determination of the plants, plant parts, and plant products import status of a commodity, SUMMARY: The Foreign Agricultural into the United States in accordance submission of a request by a national Service published a document in the with the authority conferred on the plant protection organization, initiation Federal Register of May 25, 2012, Secretary of Agriculture by the Plant and drafting of risk assessment and risk updating the trigger levels for products Protection Act (PPA, 7 U.S.C. 7701 et management documents, completion of which may be subject to measures under seq.). The Animal and Plant Health an environmental review, and the safeguard provisions of the WTO Inspection Service (APHIS) is the U.S. Department of Agriculture agency 1 http://www.aphis.usda.gov/import_export/ 2 https://public.govdelivery.com/accounts/ responsible for enforcing the regulations plants/plant_imports/process/. USDAAPHIS/subscriber/new.
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Agreement on Agriculture. The Trade Programs, Foreign Agricultural Correction document contained incorrect trigger Service, U.S. Department of Agriculture, levels. Stop 1021, 1400 Independence Avenue In the Federal Register of May 25, 2012, in FR Doc. 2012–12691, on pages FOR FURTHER INFORMATION CONTACT: SW., Washington, DC 20250–1021; or by 31296–31298, correct the Quantity- Safeguard Staff, Import Policies and telephone at (202) 720–0638, or by Based Safeguard Trigger Annex to read: Export Reporting Division, Office of email at [email protected].
ANNEX—QUANTITY–BASED SAFEGUARD TRIGGER
Product Trigger level Period
Beef ...... 239,476 mt ...... January 1, 2012 to December 31, 2012. Mutton ...... 5,964 mt ...... January 1, 2012 to December 31, 2012. Cream ...... 484,311 liters ...... January 1, 2012 to December 31, 2012. Evaporated or Condensed Milk ...... 1,268,235 kilograms ...... January 1, 2012 to December 31, 2012. Nonfat Dry Milk ...... 461,559 kilograms ...... January 1, 2012 to December 31, 2012. Dried Whole Milk ...... 3,141,891 kilograms ...... January 1, 2012 to December 31, 2012. Dried Cream ...... 11,195 kilograms ...... January 1, 2012 to December 31, 2012. Dried Whey/Buttermilk ...... 32,319 kilograms ...... January 1, 2012 to December 31, 2012. Butter ...... 5,932,688 kilograms ...... January 1, 2012 to December 31, 2012. Butter Oil and Butter Substitutes ...... 6,174,513 kilograms ...... January 1, 2012 to December 31, 2012. Dairy Mixtures ...... 24,201,559 kilograms ...... January 1, 2012 to December 31, 2012. Blue Cheese ...... 4,334,092 kilograms ...... January 1, 2012 to December 31, 2012. Cheddar Cheese ...... 8,068,067 kilograms ...... January 1, 2012 to December 31, 2012. American-Type Cheese ...... 2,721,110 kilograms ...... January 1, 2012 to December 31, 2012. Edam/Gouda Cheese ...... 6,010,547 kilograms ...... January 1, 2012 to December 31, 2012. Italian-Type Cheese ...... 20,021,048 kilograms ...... January 1, 2012 to December 31, 2012. Swiss Cheese with Eye Formation ...... 25,445,598 kilograms ...... January 1, 2012 to December 31, 2012. Gruyere Process Cheese ...... 3,242,155 kilograms ...... January 1, 2012 to December 31, 2012. Lowfat Cheese ...... 367,975 kilograms ...... January 1, 2012 to December 31, 2012. NSPF Cheese ...... 41,875,793 kilograms ...... January 1, 2012 to December 31, 2012. Peanuts ...... 19,279 mt ...... April 1, 2011 to March 31, 2012. 19,018 mt ...... April 1, 2012 to March 31, 2013. Peanut Butter/Paste ...... 4,498 mt ...... January 1, 2012 to December 31, 2012. Raw Cane Sugar ...... 1,278,131 mt ...... October 1, 2011 to September 30, 2012. 1,054,460 mt ...... October 1, 2012 to September 30, 2013. Refined Sugar and Syrups ...... 203,088 mt ...... October 1, 2011 to September 30, 2012. 208,571 mt ...... October 1, 2012 to September 30, 2013. Blended Syrups ...... 192 mt ...... October 1, 2011 to September 30, 2012. 154 mt ...... October 1, 2012 to September 30, 2013. Articles Over 65% Sugar ...... 247 mt ...... October 1, 2011 to September 30, 2012. 185 mt ...... October 1, 2012 to September 30, 2013. Articles Over 10% Sugar ...... 16,434 mt ...... October 1, 2011 to September 30, 2012. 13,061 mt ...... October 1, 2012 to September 30, 2013. Sweetened Cocoa Powder ...... 700 mt ...... October 1, 2011 to September 30, 2012. 305 mt ...... October 1, 2012 to September 30, 2013. Chocolate Crumb ...... 8,011,270 kilograms ...... January 1, 2012 to December 31, 2012. Lowfat Chocolate Crumb ...... 213,313 kilograms ...... January 1, 2012 to December 31, 2012. Infant Formula Containing Oligosaccharides ...... 798,644 kilograms ...... January 1, 2012 to December 31, 2012. Mixes and Doughs ...... 286 mt ...... October 1, 2011 to September 30, 2012. 218 mt ...... October 1, 2012 to September 30, 2013. Mixed Condiments and Seasonings ...... 432 mt ...... October 1, 2011 to September 30, 2012. 419 mt ...... October 1, 2012 to September 30, 2013. Ice Cream ...... 1,693,727 liters ...... January 1, 2012 to December 31, 2012. Animal Feed Containing Milk ...... 61,103 kilograms ...... January 1, 2012 to December 31, 2012. Short Staple Cotton ...... 30,605 kilograms ...... September 20, 2011 to September 19, 2012. 1,056,786 kilograms ...... September 20, 2012 to September 19, 2013. Harsh or Rough Cotton ...... 60 kilograms ...... August 1, 2011 to July 31, 2012. 60 kilograms ...... August 1, 2012 to July 31, 2013. Medium Staple Cotton ...... 51,298 kilograms ...... August 1, 2011 to July 31, 2012. 8,805 kilograms ...... August 1, 2012 to July 31, 2013. Extra Long Staple Cotton ...... 1,007,631 kilograms ...... August 1, 2011 to July 31, 2012. 64 kilograms ...... August 1, 2012 to July 31, 2013. Cotton Waste ...... 595,320 kilograms ...... September 20, 2011 to September 19, 2012. 393,492 kilograms ...... September 20, 2012 to September 19, 2013. Cotton, Processed, Not Spun ...... 75,787 kilograms ...... September 20, 2011 to September 19, 2012. 77,794 kilograms ...... September 20, 2012 to September 19, 2013.
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Dated: June 7, 2012. DEPARTMENT OF AGRICULTURE Comments: Comments are invited on: Suzanne E. Heiner, (a) Whether the proposed collection of Administrator, Foreign Agricultural Service. Rural Housing Service information is necessary for the proper [FR Doc. 2012–15560 Filed 6–25–12; 8:45 am] performance of the functions of USDA, Notice for Request To Reinstate including whether the information will BILLING CODE 3410–10–P Previously Approved Information have practical utility; (b) the accuracy of Collection USDA’s estimate of the burden of the DEPARTMENT OF AGRICULTURE AGENCY: Rural Housing Service, USDA. collection of information on those who are to respond, including through the ACTION: Proposed collection; comments use of appropriate automated, Forest Service requested. electronic, mechanical, or other Boundary Establishment for the SUMMARY: In accordance with the technological collection techniques or Allegheny National Wild and Scenic Paperwork Reduction Act of 1995, this other forms of information technology. River, Allegheny National Forest, notice announces the Rural Housing Comments may be sent to Jeanne Jacobs, Warren, Forest, and Venango Service’s (RHS) intent to reinstate a Regulations and Paperwork Counties, PA; Correction previously approved information Management Branch, Support Services collection in support of the Single Division, U.S. Department of AGENCY: Forest Service, USDA. Family Housing Guaranteed Loan Agriculture, Rural Development, Stop 0742–1400 Independence Avenue SW., ACTION: Notice of availability; Program. correction. Washington, DC 20250–0742. All DATES: Comments on this notice must be responses to this notice will be received by August 27, 2012 to be summarized and included in the request SUMMARY: In accordance with Section assured of consideration. for OMB approval. All comments will 3(b) of the Wild and Scenic Rivers Act, FOR FURTHER INFORMATION CONTACT: also become a matter of public record. the USDA Forest Service, Allegheny Debra A. Terrell, Senior Loan Specialist, Dated: June 11, 2012. National Forest, published a document Single Family Housing Guaranteed Loan in the Federal Register of April 10, Division, Stop 0784, Room 2250, USDA Tammye Trevin˜ o, 2012, concerning boundary Rural Development, South Agriculture Administrator, Housing and Community establishment for the Allegheny Building, 1400 Independence Avenue Facilities Programs. National Wild and Scenic River. This SW., Washington, DC 20250–0784, [FR Doc. 2012–15580 Filed 6–25–12; 8:45 am] document was published before telephone (918) 534–3254, Email BILLING CODE 3410–XV–P sufficient consultation with the Seneca [email protected]. Nation of Indians (SNI). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Title: Single Family Housing DEPARTMENT OF COMMERCE Information may be obtained by Guaranteed Loan Program. Submission for OMB Review; contacting Operations Staff Officer Jim OMB Number: 0575–0179. Comment Request Seyler, Allegheny National Forest, 4 Type of Request: Reinstatement of a Farm Colony Drive, Warren, PA or Previously Approved Information The Department of Commerce will phone (814) 728–6239. Collection. submit to the Office of Management and Correction: In the Federal Register of Abstract: Under this program, loan Budget (OMB) for clearance the April 10, 2012, in FR Doc. 2012–8451, guarantees are provided to participating following proposal for collection of on page 21522, in the first column, the lenders who make loans to income information under the provisions of the USDA Forest Service, Allegheny eligible borrowers in rural areas. The Paperwork Reduction Act (44 U.S.C. National Forest, published a document purpose of this program is to promote chapter 35). concerning boundary establishment for affordable housing for low- and Agency: U.S. Census Bureau. the Allegheny Wild and Scenic River, moderate-income borrowers in rural Title: Annual Survey of School Allegheny National Forest, Warren, America. System Finances. Forest and Venango Counties, PA. This Estimate of Burden: Public reporting OMB Control Number: 0607–0700. document was published before burden for this collection of information Form Number(s): F–33, Survey sufficient consultation with the SNI. is estimated to average 49 minutes per Announcement, F–33–L1, F–33–L2, F– The Allegheny National Forest will response. 33–L3. initiate consultation with the SNI. Respondents: Private sector lenders Type of Request: Extension of a Following consultation, if the Forest participating in the Rural Development currently approved collection. Service determines a boundary change Single Family Housing Guaranteed Loan Burden Hours: 3,990. is necessary, the Allegheny National Program. Number of Respondents: 3,230. Forest will publish a new notice in the Estimated Number of Respondents: Average Hours per Response: 1 hour Federal Register of boundary 3,581. and 14 minutes. establishment for the Allegheny Estimated Number of Responses per Needs and Uses: The U.S. Census National Wild and Scenic River and the Respondent: 284. Bureau requests an extension of the USDA Forest Service, Washington Estimated Number of Responses: current expiration date of the Annual Office, will transmit the changed final 1,018,735. Survey of School System Finances boundary to Congress. Estimated Total Annual Burden on (formerly named the Annual Survey of Respondents: 821,962. Local Government Finances—School Dated: June 19, 2012. Copies of this information collection Systems) to ensure accurate collection Erin Connelly, can be obtained from Jeanne Jacobs, of information about public school Forest Supervisor. Regulations and Paperwork finances. [FR Doc. 2012–15530 Filed 6–25–12; 8:45 am] Management Branch, Support Services The Census Bureau’s collection of BILLING CODE P Division, at (202) 692–0040. school district finance data and
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associated publications are the most comparable public fiscal data since information collection should be sent comprehensive sources for pre- 1902. School finance data, which within 30 days of publication of this kindergarten through grade 12 finance comprise nearly 30 percent of all local notice to Brian Harris-Kojetin, OMB data. The data are collected from the government spending in 2010, are Desk Officer either by fax (202–395– universe of school districts using currently incorporated into the local 7245) or email ([email protected]). uniform definitions and concepts of government statistics reported on the Dated: June 21, 2012. revenue, expenditure, debt, and assets. Annual Survey of State and Local Glenna Mickelson, This effort is part of the Census Bureau’s Government Finances. The report Annual Survey of State and Local Management Analyst, Office of the Chief contains benchmark statistics on public Information Officer. Government Finances (OMB No. 0607– revenue, expenditure, debt, and assets. 0585). Data collected from cities, They are widely used by economists, [FR Doc. 2012–15515 Filed 6–25–12; 8:45 am] counties, states, and special district legislators, social and political BILLING CODE 3510–07–P governments are combined with data scientists, and government collected from local school systems to administrators. The Census Bureau DEPARTMENT OF COMMERCE produce state and national totals of expects to release school finance data as government spending. Local school part of its 2012 Census of Governments Submission for OMB Review; system spending comprises a significant products. Comment Request portion of total government spending. In The Census Bureau makes available 2010, public elementary-secondary detailed files for all school systems from The Department of Commerce will expenditures accounted for nearly 30 its Internet Web site, www.census.gov/ submit to the Office of Management and percent of local government spending govs/school/. That Web site currently Budget (OMB) for clearance the and 35.8 percent of state government contains data files and statistical tables following proposal for collection of spending. for the 1992 through 2009 fiscal year information under the provisions of the This comprehensive and ongoing, surveys. Historical files and Paperwork Reduction Act (44 U.S.C. time series collection of local education publications prior to 1992 are also chapter 35). agency finances maintains historical available upon request for data users Agency: U.S. Census Bureau. continuity in the state and local engaged in longitudinal studies. In Title: Quarterly Survey of Plant government statistics community. addition to numerous academic Capacity Utilization. Elementary-secondary education related researchers who use F–33 products, staff OMB Control Number: 0607–0175. spending is the single largest financial receive inquiries from state government Form Number(s): MQ–C2. Type of Request: Extension of a activity of state and local governments. officials, legislatures, public policy currently approved collection. Education finance statistics provided by analysts, local school officials, non- Burden Hours: 60,000. the Census Bureau allow for analyses of profit organizations, and various Federal how public elementary-secondary Number of Respondents: 7,500. agencies. Average Hours per Response: 2 hours. school systems receive and spend funds. The U.S. Department of Education’s Increased focus on education has led to Needs and Uses: With support from National Center for Education Statistics the Federal Reserve Board (FRB) and the a demand for data reflecting student (NCES) jointly conducts this survey performance, graduation rates, and Defense Logistics Agency (DLA), the annually with the Census Bureau as part U.S. Census Bureau requests an school finance policy—all of which are of the Common Core of Data (CCD) related to the collection of this local extension of approval for the Quarterly program. The education finance data Survey of Plant Capacity Utilization education finance data. State collected by the Census Bureau are the legislatures, local leaders, university (QPC). The quarterly survey provides sole source of school district fiscal information on use of industrial researchers, and parents increasingly information for the CCD. NCES data rely on data to make substantive capacity in manufacturing and users utilize electronic tools to search publishing plants as defined by the decisions about education. School CCD databases for detailed fiscal and district finance is a vital sector of the North American Industry Classification non-fiscal variables. Additionally, NCES System (NAICS). It is the only source of education data spectrum used by uses F–33 education finance files to stakeholders to form policy and to capacity rates at industry levels. publish annual reports on the fiscal Changes in capacity utilization are develop new education strategies. state of education. The education finance data collected considered important indicators of Affected Public: State, local, or Tribal and processed by the Census Bureau are investment demand and inflationary government. pressure. For these reasons, the an essential component of the agency’s Frequency: Annually. estimates of capacity utilization are state and local government finance Respondent’s Obligation: Voluntary. collection and provide unique products closely monitored by government policy for users of education finance data. Legal Authority: Title 13, Sections 161 and makers and private sector decision The Bureau of Economic Analysis 182, of the United States Code. makers. (BEA) use items on Form F–33 to OMB Desk Officer: Brian Harris- This survey utilizes a multi-mode develop figures for the Gross Domestic Kojetin, (202) 395–7314. data collection process that includes Product (GDP). Reported F–33 data Copies of the above information internet reporting, fax, telephone and items specifically contribute to the collection proposal can be obtained by mail. The survey collects the value of estimates for National Income and calling or writing Jennifer Jessup, quarterly production and the value of Product Accounts (NIPA), Input-Output Departmental Paperwork Clearance production that could be achieved if accounts (I–O), and gross domestic Officer, (202) 482–0336, Department of operating under ‘‘full production’’ investments. BEA also uses the data to Commerce, Room 6616, 14th and capability and ‘‘emergency production’’ assess other public fiscal spending Constitution Avenue NW., Washington, capability. The ratio of the actual to the trends and events. DC 20230 (or via the Internet at full is the basis of the estimates of full The Census Bureau’s Government [email protected]). capacity utilization rates and similarly, Finances program has made possible the Written comments and the actual to the emergency for the dissemination of comprehensive and recommendations for the proposed emergency capacity utilization rates.
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The survey also collects information by information collection should be sent days after the reference month. Advance shift, on work patterns at the actual within 30 days of publication of this estimates are released approximately 12 production level. notice to Brian Harris-Kojetin, days after the reference month. We The FRB is the primary user of the OMB Desk Officer either by fax (202– intend to introduce a new MARTS current QPC data and expressed the 395–7245) or email sample in Spring 2013. need for these quarterly data. The FRB ([email protected]). The U.S. Census Bureau tabulates the publishes measures of industrial Dated: June 21, 2012. collected data to provide, with production (IP) that are either estimated Glenna Mickelson, measured reliability, statistics on United from physical product data or estimated States retail sales. These sales estimates, Management Analyst, Office of the Chief from monthly data on inputs to the Information Officer. are used by the Council of Economic production process, specifically Advisers, Bureau of Economic Analysis, [FR Doc. 2012–15522 Filed 6–25–12; 8:45 am] production worker hours and an Federal Reserve Board, and other indicator of capital input. For many BILLING CODE 3510–07–P government agencies, as well as years, data on electric power use was business users in formulating economic used as the indicator of industry capital DEPARTMENT OF COMMERCE decisions. These estimates are input. The deregulation of electricity especially valued by data users because markets led to the deterioration in the Submission for OMB Review; of their timeliness. There would be coverage and quality of the electricity Comment Request approximately a one month delay in the data. As a result, in November 2005, the availability of these statistics if this FRB discontinued its use of the The Department of Commerce will survey were not conducted. industrial electric power data in the submit to the Office of Management and Affected Public: Business or other for- current estimates of IP. In order to Budget (OMB) for clearance the profit. maintain the quality of the IP index, the following proposal for collection of Frequency: Monthly. collection of these quarterly utilization information under the provisions of the Respondent’s Obligation: Voluntary. data, such as the workweek of capital, Paperwork Reduction Act (44 U.S.C. Legal Authority: Title 13 U.S.C., become critical indicators of capital chapter 35). Section 182. input use and industry output. Agency: U.S. Census Bureau. OMB Desk Officer: Brian Harris- The FRB will use these data in several Title: Advance Monthly Retail Trade Kojetin, (202) 395–7314. ways. First, the QPC data is the primary Survey. Copies of the above information OMB Control Number: 0607–0104. source of the benchmark information for collection proposal can be obtained by Form Number(s): SM–44(06)A, SM– utilization rates. Second, the capital calling or writing Jennifer Jessup, 44(06)AE, SM–44(06)AS, SM–72(06)A, workweek data is used as an indicator Departmental Paperwork Clearance SM–44(06)FA, SM–44(06)FAE, SM– of capital use in the estimation of Officer, (202) 482–0336, Department of monthly output (IP). Third, the 44(06)FAS, SM–72(06)FA. Type of Request: Extension of a Commerce, Room 6616, 14th and workweek data is used to improve the Constitution Avenue NW., Washington, projections of labor productivity that are currently approved collection. Burden Hours: 5.000. DC 20230 (or via the Internet at used to align IP with comprehensive Number of Respondents: 5,000. [email protected]). benchmark information from the Average Hours per Response: 5 Written comments and Economic Census covering the minutes. recommendations for the proposed Manufacturing sector and Annual Needs and Uses: The Advance information collection should be sent Survey of Manufactures. Finally, Monthly Retail Trade Survey (MARTS) within 30 days of publication of this utilization rate data will assist in the covers employer firms with notice to Brian Harris-Kojetin, OMB assessment of recent changes in IP, as establishments located in the United Desk Officer either by fax (202–395– most of the high-frequency movement in States and classified in retail trade and/ 7245) or email ([email protected]). utilization rates reflect production or food services sectors as defined by Dated: June 21, 2012. changes rather than capacity changes. the North American Industry The Defense Logistics Agency uses Glenna Mickelson, Classification System (NAICS). The Management Analyst, Office of the Chief the data to assess readiness to meet MARTS was developed in response to demand for goods under selected Information Officer. requests by government, business, and [FR Doc. 2012–15525 Filed 6–25–12; 8:45 am] national emergency scenarios. other users to provide an early Affected Public: Business or other for- BILLING CODE 3510–07–P indication of current retail trade activity profit. Frequency: Quarterly. in the United States. MARTS also Respondent’s Obligation: Voluntary. provides an estimate of monthly sales at DEPARTMENT OF COMMERCE Legal Authority: Title 13 U.S.C., food service establishments and Section 182. drinking places. Policymakers such as Foreign-Trade Zones Board the Federal Reserve Board need to have OMB Desk Officer: Brian Harris- [B–46–2012] Kojetin, (202) 395–7314. the timeliest estimates in order to Copies of the above information anticipate economic trends and act Foreign-Trade Zone 70—Detroit, MI collection proposal can be obtained by accordingly. Results from this survey Application for Reorganization Under calling or writing Jennifer Jessup, provide the earliest possible look at Alternative Site Framework Departmental Paperwork Clearance consumer spending and are necessary Officer, (202) 482–0336, Department of for the calculation of the personal An application has been submitted to Commerce, Room 6616, 14th and consumption expenditures component the Foreign-Trade Zones (FTZ) Board Constitution Avenue NW., Washington, of Gross Domestic Product (GDP). (the Board) by the Greater Detroit DC 20230 (or via the Internet at Without the MARTS, the Census Foreign-Trade Zone, Inc., grantee of FTZ [email protected]). Bureau’s earliest measure of retail sales 70, requesting authority to reorganize Written comments and is the ‘‘preliminary’’ estimate from the the zone under the alternative site recommendations for the proposed full monthly sample released about 40 framework (ASF) adopted by the Board
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(15 CFR Sec. 400.2(c)). The ASF is an West Lafayette Street and 3801 W. The grantee’s proposed service area option for grantees for the establishment Jefferson Avenue, Detroit, Wayne under the ASF would be Macomb, or reorganization of general-purpose County; Site 15 (15 acres)—151 Monroe, Oakland, Washtenaw and zones and can permit significantly Lafayette Street and 12240 Oakland Park Wayne Counties, Michigan, as described greater flexibility in the designation of Boulevard (Site 15A), Mt. Clemens, in the application. If approved, the new subzones or ‘‘usage-driven’’ FTZ Macomb County (expires 11/30/2012); grantee would be able to serve sites sites for operators/users located within Site 17 (2.33 acres)—26980 Trolley throughout the service area based on a grantee’s ‘‘service area’’ in the context Drive, Taylor, Wayne County; Site 18 companies’ needs for FTZ designation. of the Board’s standard 2,000-acre (17 acres)—7111 Crabb Road, The proposed service area is within and activation limit for a general-purpose Temperance, Monroe County (expires 6/ adjacent to the Detroit Customs and zone project. The application was 30/2013); Site 19 (2,300 acres)—Willow Border Protection port of entry. submitted pursuant to the Foreign-Trade Run Airport, 801 Willow Run Airport, Zones Act, as amended (19 U.S.C. 81a– Ypsilanti, Washtenaw County; Site 20 (4 The applicant is requesting authority 81u), and the regulations of the Board acres)—25200 Malvina Street, Warren, to reorganize its existing zone project to (15 CFR part 400). It was formally filed Macomb County; Site 21 (4 acres)— include existing Sites 3, 5, 12, 14 and on June 20, 2012. 21100 Trolley Industrial Drive, Taylor, 19 as ‘‘magnet’’ sites and Sites 2, 4, 6, FTZ 70 was approved by the Board on Wayne County; Site 22 (12 acres)—1200 8–11, 13, 15, 17, 18, 20–26, 29–42 and July 21, 1981 (Board Order 176, 46 FR E. McNichols Road, Highland Park, 49–51 as ‘‘usage-driven’’ sites. The 38941, 7/30/1981) and expanded on Wayne County; Site 23 (1.26 acres)—160 applicant is also requesting that Site April 15, 1985 (Board Order 299, 50 FR Visger Road, River Rouge, Wayne 15A be removed, that parcels from Site 16119, 4/24/1985), November 27, 1989 County (expires 11/30/2012); Site 24 5 be renumbered as Sites 43 and 44, that (Board Order 453, 54 FR 50258, 12/5/ (2.85 acres)—12850 E. Nine Mile Road, parcels from Site 11 be renumbered as 1989), April 20, 1990 (Board Order 471, Warren, Macomb County (expires 11/ Sites 45 and 46 and that parcels from 55 FR 17775, 4/27/1990), February 20, 30/2012); Site 25 (2.07 acres)—6100 Site 14 be renumbered as Sites 47 and 1996 (Board Order 802, 61 FR 7237, 2/ Linsdale Street, Detroit, Wayne County 48. The renumbered parcels would be 27/1996), August 26, 1996 (Board Order (expires 11/30/2012); Site 26 (0.92 843, 61 FR 46763, 9/5/1996), April 5, designated as usage-driven sites. The acres)—21146 Trolley Industrial Drive, 2001 (Board Order 1162, 66 FR 19423, application would have no impact on Taylor, Wayne County (expires 11/30/ 4/16/2001), May 23, 2005 (Board Order FTZ 70’s previously authorized 1395, 70 FR 32570–32571, 6/3/2005), 2012); Site 29 (7.19 acres)—8650 Mt. subzones. Elliot, Detroit, Wayne County (expires June 22, 2007 (Board Order 1515, 72 FR In accordance with the Board’s 11/30/2012); Site 30 (4.69 acres)—2599 35968, 7/2/2007) and October 29, 2010 regulations, Elizabeth Whiteman of the 22nd Street, Detroit, Wayne County (Board Order 1719, 75 FR 68604, 11/11/ FTZ Staff is designated examiner to 2010). (expires 11/30/2012); Site 31 (16.31 acres)—26090 23 Mile Road, evaluate and analyze the facts and The current zone project includes the information presented in the application following sites: Site 2 (31 acres)— Chesterfield, Macomb County (expires 11/30/2012); Site 33 (2.63 acres)—36253 and case record and to report findings Nicholson Terminal and Dock and recommendations to the Board. Company, along the Detroit River on Michigan Avenue, Wayne, Wayne Great Lakes Avenue, Ecorse, Wayne County (expires 11/30/2012); Site 34 Public comment is invited from County; Site 3 (56 acres)—Metro Airport (0.92 acres)—21140 Trolley Industrial interested parties. Submissions shall be Center Industrial Park, west of Wayne Drive, Taylor, Wayne County (expires addressed to the Board’s Executive Road between Grant Road and the 11/30/2012); Site 35 (32.5 acres)—6837 Secretary at the address below. The Norfolk Southern Railroad Line, Wyoming Street, Dearborn, Wayne closing period for their receipt is August adjacent to the Detroit Metropolitan County; Site 36 (38.9 acres)—9400 27, 2012. Rebuttal comments in Airport, also includes a building at 6850 McGraw Street, Detroit, Wayne County; response to material submitted during Middlebelt Road, Romulus, Wayne Site 37 (16.03 acres)—8249 Haggerty Rd, the foregoing period may be submitted County; Site 4 (4.82 acres)—Westside Canton, Wayne County (expires 10/31/ during the subsequent 15-day period to Industrial Park, 2030 Howard Street, 2013); Site 38 (34.62 acres)—1515 September 10, 2012. Detroit, Wayne County; Site 5 (22 Newburgh, Westland, Wayne County A copy of the application will be acres)—6490 Lynch Road, Detroit, 6307 (expires 11/30/2012); Site 39 (2.96 West Fort Street, Detroit and 214 East acres)—7900 Haggerty Rd, Canton, available for public inspection at the Maple Road, Detroit; Site 6 (2.5 acres)— Wayne County (expires 11/30/2012); Office of the Executive Secretary, 308 Antoine Street, Wyandotte, Wayne Site 40 (2.9 acres)—1550 Superior Foreign-Trade Zones Board, Room 2111, County; Site 8 (7.48 acres)—17423 West Parkway, Westland, Wayne County U.S. Department of Commerce, 1401 Jefferson Avenue, Riverview, Wayne (expires 11/30/2012); Site 41 (18.16 Constitution Avenue NW., Washington, County; Site 9 (1.07 acres)—28000 acres)—20495 Pennsylvania Road, DC 20230–0002, and in the ‘‘Reading Goddard Road, Romulus, Wayne Brownstown Township, Wayne County Room’’ section of the Board’s Web site, County; Site 10 (4.7 acres)—18765 (expires 10/31/2013); Site 42 (1.83 which is accessible via www.trade.gov/ Seaway Drive, Melvindale, Wayne acres)—50750 Russell Schmidt ftz. For further information, contact County; Site 11 (21.47 acres)—1725 Boulevard, Chesterfield, Macomb Elizabeth Whiteman at Cicotte Avenue, Lincoln Park, 4825 County (expires 10/31/2013); Site 49 (5 [email protected] or (202) Cabot Street, Detroit and 9450 Buffalo acres)—9303 West Jefferson Avenue, 482–0473. Street, Hamtramck, Wayne County Detroit, Wayne County (expires 11/30/ (expires 11/30/2012); Site 12 (87 2012); Site 50 (30 acres)—4105 West Dated: June 20, 2012. acres)—Detroit Metropolitan Wayne Jefferson Avenue, Detroit, Wayne Elizabeth Whiteman, County Airport, Detroit, Wayne County; County (expires 12/31/2012); and, Site Acting Executive Secretary. Site 13 (1.08 acres)—13542 Helen Street, 51 (7 acres)—13725 Pennsylvania Road, [FR Doc. 2012–15570 Filed 6–25–12; 8:45 am] Detroit, Wayne County; Site 14 (35.52 Riverview, Wayne County (expires 4/30/ BILLING CODE P acres)—3333 West Fort Street, 2301 2013).
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DEPARTMENT OF COMMERCE equally, including areas not 1. Name, title, and personal resume of traditionally visited by international the individual requesting consideration; International Trade Administration travelers. and The Corporation is governed by a 2. A brief statement of why the person Corporation for Travel Promotion (dba board of directors, consisting of 11 should be considered for membership Brand USA) members with knowledge of on the Board. This statement should AGENCY: International Trade international travel promotion and also address the individual’s relevant Administration, Commerce. marketing, broadly representing various international travel and tourism regions of the United States. The TPA marketing experience and indicate ACTION: Notice of an opportunity for directs the Secretary of Commerce (after clearly the sector or sectors enumerated travel and tourism industry leaders to consultation with the Secretary of above in which the individual has the apply for membership on the Board of Homeland Security and the Secretary of requisite expertise and experience. Directors of the Corporation for Travel State) to appoint the board of directors Individuals who have the requisite Promotion. for the Corporation for Travel expertise and experience in more than SUMMARY: The Department of Commerce Promotion. one sector can be appointed from only is currently seeking applications from At this time, the Department will be one of those sectors. Appointments of travel and tourism leaders from specific selecting four individuals with the members to the Board will be made by industries for membership on the Board appropriate expertise and experience the Secretary of Commerce. from specific sectors of the travel and of Directors of The Corporation for Dated: June 20, 2012. Travel Promotion (Board) (dba Brand tourism industry to serve on the Board as follows: Jennifer Pilat, USA). The purpose of the Board is to Director, Office of Advisory Committees. guide the Corporation for Travel (A) 1 shall have appropriate expertise [FR Doc. 2012–15528 Filed 6–25–12; 8:45 am] Promotion on matters relating to the and experience in the hotel BILLING CODE 3510–DR–P promotion of the U.S. travel and tourism accommodations sector; (B) 1 shall have appropriate expertise industry, among other tasks. and experience in the restaurant sector; ADDRESSES: Electronic applications may (C) 1 shall have appropriate expertise DEPARTMENT OF COMMERCE be sent to: [email protected]. Written and experience as an official of a state applications can be submitted to tourism office; and International Trade Administration Jennifer Pilat, Director, Office of (D) 1 shall have appropriate expertise [A–570–888] Advisory Committees and Julie Heizer, and experience as officials of a city Acting Director, Office of Travel and convention and visitors’ bureau. Floor-Standing, Metal-Top Ironing Tourism Industries, Room 4043, U.S. To be eligible for Board membership, Tables and Certain Parts Thereof From Department of Commerce, Room 4043, one must have international travel and the People’s Republic of China: Notice 1401 Constitution Avenue NW., tourism marketing experience and must of Court Decision Not in Harmony With Washington, DC 20230, telephone: 202– also be a U.S. citizen. In addition, Final Results and Notice of Amended 482–4501, email: individuals cannot be federally Final Results [email protected]. registered lobbyists or registered as a AGENCY: Import Administration, DATES: All applications must be foreign agent under the Foreign Agents Registration Act of 1938, as amended. International Trade Administration, received by the Office of Advisory Department of Commerce. Committees by close of business on July Those selected for the Board must be 10, 2012. able to meet the time and effort SUMMARY: On June 14, 2012, the United commitments of the Board. Priority may States Court of International Trade (the FOR FURTHER INFORMATION CONTACT: Julie be given to individuals with experience Court) issued final judgment in Home Heizer, Acting Director, Office of Travel as a Chief Executive Officer or President Products International, Inc. v. United and Tourism Industries, Room 4043, (or comparable level of responsibility) of States, Court No., 11–00104, sustaining 1401 Constitution Avenue NW., an organization or entity in the travel the Department of Commerce’s (the Washington, DC, 20230, telephone: 202– and tourism sector in the United States. Department) final results of 482–4904, email: [email protected]. Board members serve at the discretion redetermination pursuant to remand.1 SUPPLEMENTARY INFORMATION: of the Secretary of Commerce (who may Consistent with the decision of the Background: The Travel Promotion remove any member of the Board for United States Court of Appeals for the Act (TPA) was signed into law by good cause). The terms of office of each Federal Circuit (Federal Circuit) in President Obama on March 4, 2010. The member of the Board appointed by the Timken Co., v. United States, 893 F.2d TPA established the Corporation for Secretary shall be 3 years. Board 337 (Fed. Cir. 1990) (Timken), as Travel Promotion (the Corporation), as a members can serve a maximum of two clarified by Diamond Sawblades Mfrs. non-profit corporation charged with the consecutive full three-year terms. Board Coalition v. United States, 626 F.3d development and execution of a plan to members are not considered Federal 1374 (Fed. Cir. 2010) (Diamond (A) Provide useful information to those government employees by virtue of their Sawblades), the Department is notifying interested in traveling to the United service as a member of the Board and the public that the final judgment in this States; (B) identify and address will receive no compensation from the case is not in harmony with the perceptions regarding U.S. entry Federal government for their Department’s final results and is policies; (C) maximize economic and participation in Board activities. amending the final results of floor diplomatic benefits of travel to the Members participating in Board United States through the use of various meetings and events will be paid actual 1 See Final Results of Redetermination Pursuant promotional tools; (D) ensure that travel expenses and per diem when to Court Remand, Floor-Standing Metal-Top Ironing international travel benefits all States away from their usual places of Tables and Certain Parts Thereof from the People’s Republic of China, Home Products International, and the District of Columbia, and (E) residence. Inc. v. United States Court No., 11–00104, March identify opportunities to promote To be considered for membership, 14, 2012, (Remand Results) available, at http:// tourism to rural and urban areas please provide the following: www.ia.ita.doc.gov/remands/index.html.
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standing metal-top ironing tables from decision. The cash deposit rate will administration of programs and policies the People’s Republic of China with remain the company-specific rate to expand the competitiveness of U.S. respect to the margin assigned to Since established for Since Hardware for the exports of renewable energy and energy Hardware (Guangzhou) Co., Ltd. (Since subsequent and most recent period efficiency goods and services, in Hardware) covering the period August during which the respondent was accordance with applicable United 1, 2007, through July 31, 2008.2 reviewed.5 States regulations. The Committee’s DATES: Effective Date: June 26, 2012. Amended Final Determination work on energy efficiency will focus on FOR FURTHER INFORMATION CONTACT: technologies, services, and platforms Michael J. Heaney or Robert James, AD/ Because there is now a final court that provide system-level energy CVD Operations, Office 7, Import decision, we are amending the Final efficiency to electricity generation, Administration, International Trade Results with respect to Since transmission, and distribution. For the Administration, U.S. Department of Hardware’s margin for the period purposes of this Committee, covered Commerce, 14th Street and Constitution August 1, 2007, through July 31, 2008. goods and services will not include Avenue NW., Washington, DC 20230; The revised weighted-average dumping vehicles, feedstock for biofuels, or telephone: (202) 482–4475 or (202) 482– margin is as follows: energy efficiency as it relates to consumer goods. Non-fossil fuels that 0649, respectively. Percent SUPPLEMENTARY INFORMATION: On Exporter margin are considered renewable (e.g., liquid January 6, 2012, the Court remanded the biofuels and pellets) are included. This Final Results, and instructed the Since Hardware ...... 66.06 notice also requests nominations for Department to reconcile its exclusion of membership. Indian data from the labor value with In the event the Court’s ruling is not DATES: Nominations for members must certain concerns raised in Shandong appealed, or if appealed, upheld by the Federal Circuit, the Department will be received on or before 4 p.m. Eastern Rongxin Import & Export Co., v. United Daylight Time (EDT), July 16, 2012. States, 774 F.Supp. 2d 1307 (2011) instruct U.S. Customs and Border (Shandong).3 On remand, the Protection to assess antidumping duties Nominations: The Secretary of Department recalculated Since on entries of the subject merchandise Commerce invites nominations to the Hardware’s labor value using additional exported by Since Hardware using the committee of U.S. citizens who will labor data, including labor data from the revised assessment rate calculated by represent U.S. companies in the primary surrogate country, India. As a the Department in the Remand Results. renewable energy and energy efficiency result, Since Hardware’s margin This notice is issued and published in sector that trade internationally, or U.S. changed from 67.37 percent to 66.06 accordance with sections 516(A)(e)(1), trade associations or U.S. private sector percent. On June 14, 2012, the Court 751(a)(1), and 777(i)(1) of the Act. organizations with activities focused on sustained the Department’s Final Dated: June 20, 2012. the competitiveness of U.S. exports of Results and Remand Results.4 Ronald K. Lorentzen, renewable energy and energy efficiency goods and services. No member may Timken Notice Assistant Secretary for Import Administration. represent a company that is majority owned or controlled by a foreign In its decision in Timken, 893 F.2d at [FR Doc. 2012–15576 Filed 6–25–12; 8:45 am] 341, as clarified by Diamond Sawblades, government entity or foreign BILLING CODE 3510–DS–P the Federal Circuit has held that, government entities. Nominees meeting pursuant to section 516A(e) of the Tariff the eligibility requirements will be Act of 1930, as amended, (the Act) the DEPARTMENT OF COMMERCE considered based upon their ability to Department must publish a notice of a carry out the goals of the Committee as court decision not ‘‘in harmony’’ with a International Trade Administration articulated above. Self-nominations will Department determination, and must be accepted. If you are interested in suspend liquidation of entries pending Reestablishment of the Renewable nominating someone to become a a ‘‘conclusive’’ court decision. The Energy and Energy Efficiency Advisory member of the Committee, please Court’s June 14, 2012, judgment Committee and Solicitation of provide the following information: sustaining the Final Results and Nominations for Membership (1) Name, title, and relevant contact Remand Results constitutes a final ACTION: Notice of Reestablishment of the information (including phone, fax, and decision of the Court that is not in Renewable Energy and Energy email address) of the individual harmony with the Department’s Final Efficiency Advisory Committee and requesting consideration; Results. This notice is published in Solicitation of Nominations for (2) Sponsor letter on the company’s, fulfillment of the publication Membership. trade association’s, or organization’s requirement of Timken. Accordingly, letterhead containing a brief description the Department will continue the SUMMARY: Pursuant to provisions under why the nominee should be considered suspension of liquidation of the subject the Federal Advisory Committee Act, 5 for membership, including the merchandise pending the expiration of U.S.C. App., the Department of nominee’s ability to meet the expected the period of appeal, or if appealed, Commerce announces the time commitments of Committee work. pending a final and conclusive court reestablishment of the Renewable Committee work includes the ability to Energy and Energy Efficiency Advisory attend in person approximately four 2 See Floor-Standing Metal-Top Ironing Tables Committee (the Committee). The and Certain Parts Thereof from the People’s committee meetings a year (lasting one Republic of China: Final Results of Antidumping Committee shall advise the Secretary day each), plus additional work outside Duty Administrative Review, 76 FR 15295 (March regarding the development and of full committee meetings including 21, 2011) (Final Results) subcommittee conference calls or 3 See Home Products International v. United 5 See Floor-Standing Metal-Top Ironing Tables meetings as needed, and frequently States, Slip Op. 12–4, p.12 (January. 6, 2012). and Certain Parts Thereof from the People’s 4 See Home Products International, Inc. v United Republic of China: Final Results of Antidumping draft, prepare, or comment on proposed States Court No., 11–00104 Slip Op. 12–84 (CIT Duty Administrative Review, 76 FR 15295 (March recommendations to be evaluated at June 14, 2012) 21, 2011). Committee meetings;
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(3) Short biography of nominee 23, 2012. The meeting is closed to the Board. The Designated Federal Official including credentials; public. The meeting necessarily will ensure that written statements are (4) Brief description of the company, includes discussions of classified provided to the Board for its trade association, or organization to be information relating to DIA’s consideration. Written statements may represented and its business activities; intelligence operations including its also be submitted in response to the company size (number of employees support to current operations. stated agenda of planned board and annual sales); and export markets DATES: The meeting will be held on July meetings. Statements submitted in served; 23, 2012 (from 1 p.m. to 3:30 p.m.). response to this notice must be received (5) An affirmative statement that the ADDRESSES: The meeting will be held at by the Designated Federal Official at nominee is not a Federally registered Joint-Base Bolling-Anacostia, least five calendar days prior to the lobbyist, and that the nominee Washington, DC. meeting which is the subject of this understands that if appointed, the notice. Written statements received after FOR FURTHER INFORMATION CONTACT: nominee will not be allowed to continue that date may not be provided or Mr. Mark Harrison, (703) 697–5102, to serve as a Committee member if the considered by the Board until its next Alternate Designated Federal Official, nominee becomes a Federally registered meeting. All submissions provided DIA Office for Congressional and Public lobbyist; before that date will be presented to the Affairs, Pentagon 1A874, Washington, (6) An affirmative statement that the Board before the meeting that is subject DC 20340–5100. nominee meets all Committee eligibility of this notice. Contact information for Committee’s Designated Federal requirements. Please do not send the Designated Federal Official is listed Official: Mr. William Caniano, (703) company, trade association, or under FOR FURTHER INFORMATION 614–4774, DIA Office for Congressional organization brochures or any other CONTACT. information. and Public Affairs, Pentagon 1A874, Nominations may be emailed to Washington, DC 20340–5100. Dated: June 20, 2012. [email protected] or faxed to [email protected]. Aaron Siegel, Alternate OSD Federal Register Liaison the attention of Jennifer Derstine at 202– SUPPLEMENTARY INFORMATION: 482–5665, or mailed to Jennifer Officer, Department of Defense. Derstine, Office of Energy & Purpose of the Meeting [FR Doc. 2012–15433 Filed 6–25–12; 8:45 am] Environmental Industries, Room 4053, For the Advisory Board to discuss BILLING CODE 5001–06–P U.S. Department of Commerce, 1401 DIA operations and capabilities in Constitution Avenue NW., Washington, support of current intelligence DC 20230, and must be received before operations. DEPARTMENT OF DEFENSE July 16, 2012. Nominees selected for Office of the Secretary appointment to the Committee will be Agenda notified by return mail. July 23, 2012 TRICARE Management Activity FOR FURTHER INFORMATION CONTACT: 1 p.m.—Call to Order Adoption of Department of the Jennifer Derstine, Office of Energy & Mr. William Caniano, Designated Treasury’s Administrative Wage Environmental Industries, Room 4053, Federal Official, Mrs. Mary Garnishment Procedures U.S. Department of Commerce, 1401 Margaret Graham, Chairman Constitution Avenue NW., Washington, AGENCY: TRICARE Management Activity 1 p.m.—Working Lunch DC 20230; phone 202–482–3889; fax (TMA), DoD. 2 p.m.—Break ACTION: Adoption of Department of the 202–482–5665; email 2:15 p.m.—Administrative Business [email protected]. Treasury administrative wage 2:30 p.m.—Classified Briefing garnishment procedures. Dated: June 20, 2012. 3:30 p.m.—Adjourn Brian P. O’Hanlon, Pursuant to 5 U.S.C. 552b, as SUMMARY: This notice is to advise Acting Director, Office of Energy and amended, and 41 CFR 102–3.155, the TRICARE sponsors, beneficiaries, Environmental Industries. Director, DIA, has determined that the providers, physicians, other suppliers of [FR Doc. 2012–15529 Filed 6–25–12; 8:45 am] all meetings shall be closed to the services or supplies, and any other BILLING CODE 3510–DR–P public. The Director, DIA, in persons who for any reason have been consultation with the DIA Office of the erroneously paid under TRICARE, that General Counsel, has determined in TRICARE Management Activity (TMA) DEPARTMENT OF DEFENSE writing that the public interest requires is adopting by reference Department of that all sessions of the Board’s meetings the Treasury (Treasury) administrative Office of the Secretary be closed to the public because they wage garnishment procedures as include discussions of classified established at 31 CFR 285.11. By Federal Advisory Committee; Defense information and matters covered by adopting this regulation, TMA will Intelligence Agency (DIA) Advisory 5 U.S.C. 552b(c)(1). authorize Treasury’s Financial Board; Closed Meeting Management Service (FMS), to use Written Statements AGENCY: DIA, Department of Defense administrative wage garnishment as an (DoD). Pursuant to 41 CFR 102–3.105(j) and additional tool to collect TMA’s debts ACTION: Meeting notice. 102–3.140, and section 10(a)(3) of the once such legally enforceable non-tax Federal Advisory Board Committee Act debts are transferred to Treasury for SUMMARY: Under the provisions of the of 1972, the public or interested collection through cross servicing Federal Advisory Committee Act of organizations may submit written pursuant to 32 CFR 199.11(f)(6)(vi). 1972 (5 U.S.C. Appendix 2 (2001)), the statements at any time to the DIA When a TMA debtor is employed in the Government in the Sunshine Act of Advisory Board regarding its missions private sector or by a state or local 1976 (5 U.S.C. 552b), and 41 CFR 102– and functions. All written statements government, Treasury may be able to 3.10, DoD hereby announces that the shall be submitted to the Designated collect the debt by garnishing a portion DIA Advisory Board will meet on July Federal Official for the DIA Advisory of the debtor’s disposable pay as defined
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in 31 CFR 285.11. Administrative wage garnishment hearings. In the alternative, Dated: June 20, 2012. garnishment will not affect a significant creditor agencies may adopt Treasury’s Patricia Toppings, number of TMA debtors, as TMA administrative wage garnishment OSD Federal Register Liaison Officer, estimates 6% of its debt cases and less regulation, 31 CFR 285.11, without Department of Defense. than 0.3% of total debt may be eligible change by reference in order to [FR Doc. 2012–15506 Filed 6–25–12; 8:45 am] for collection with this tool. authorize Treasury to use administrative BILLING CODE 5001–06–P DATES: TMA’s adoption of the wage garnishment as one of many debt Department of the Treasury’s collection remedies available to collect administrative wage garnishment delinquent debts transferred to Treasury DEPARTMENT OF DEFENSE procedures is effective 30 days after by a creditor agency. Office of the Secretary publication of the notice. Administrative wage garnishment is ADDRESSES: TRICARE Management available for use against a narrow class TRICARE; Implementation of TRICARE Activity (TMA), Claims Collection of TMA’s debtors. For a debtor’s wages Transitional Outpatient Payments Section, Office of General Counsel, to be garnished, he or she must be an 16401 East Centretech Parkway, Aurora, individual employed in the private AGENCY: Department of Defense (DoD). CO 80011–9066. sector or by a state or local government. ACTION: Notice of TRICARE Transitional FOR FURTHER INFORMATION CONTACT: TMA’s debtors are primarily Outpatient Payments (TTOPs) Michael R. Bibbo, TRICARE commercial medical providers. In SUMMARY: This notice informs hospitals Management Activity, Office of General addition, TMA debtors are often active of TRICARE’s Transitional Outpatient Counsel, telephone (303) 676–3705. duty or reserve military members or Payments (TTOPs) under TRICARE’s retirees whose debts are frequently SUPPLEMENTARY INFORMATION: TMA’s Outpatient Prospective Payment System satisfied by offsetting federal salary or authority to recover overpayments is (OPPS). outlined in 32 CFR 199.11. The Federal retirement payments through the DATES: The TTOPs are effective January Claims Collection Act, as amended by Defense Finance and Accounting the Debt Collection Act of 1982 and the Service. In January 2012, TMA had 1, 2010. Debt Collection Improvement Act of 1,821 open debt cases, 105 of which ADDRESSES: TRICARE Management 1996, and Treasury regulations may have been subject to administrative Activity (TMA), Medical Benefits and implementing these statutes, provides wage garnishment. As these debts are Reimbursement Branch, 16401 East the basic authority under which claims generally much smaller than those Centretech Parkway, Aurora, CO 80011– may be asserted pursuant to § 199.11. incurred by commercial providers, they 9066. Specific recoupment procedures are represent less than 0.3% of TMA open FOR FURTHER INFORMATION CONTACT: listed at 32 CFR 199.11(f)(6), including debt. With this notice, TMA adopts, Ms. Martha M. Maxey, TMA, Medical collection by transfer of debts to without change, all of the provisions of Benefits and Reimbursement Branch, Treasury or a Treasury-designated debt 31 CFR 285.11 concerning telephone (303) 676–3627. collection center for collection through administrative wage garnishment, SUPPLEMENTARY INFORMATION: With cross servicing per 32 CFR including the Treasury hearing implementation of the Medicare OPPS, 199.11(f)(6)(vi). Pursuant to Title 31, procedures described in 31 CFR certain hospitals were eligible to receive United States Code (U.S.C.), Section 285.11(f). At least thirty (30) days prior additional transitional outpatient 3711(g) and 31 CFR 285.12, the Director, to FMS initiating an administrative payments (TOPS) if the payments they TMA is required to transfer legally wage garnishment, FMS will send received under the OPPS were less than enforceable non-tax debts that have notice to the debtor, in accordance with the payments they could have received been delinquent for more than 180 days the requirements of 31 CFR 285.11(e), for the same services under the payment to Treasury’s FMS for collection. The informing the debtor that administrative system in effect before the OPPS. FMS cross-servicing program uses wage garnishment will be initiated and Medicare refers to these transitional various means to collect debts, how the debtor may request a hearing. payments as hold harmless TOPs and including offsetting federal payments, If a debtor makes a timely hearing they applied to small rural hospitals the use of private collection agencies request, administrative wage with 100 or fewer beds and rural Sole and the garnishment of wages through garnishment will not begin until a Community Hospitals (SCHs) with 100 administrative wage garnishment hearing is held and a decision is sent to or fewer beds. TRICARE’s OPPS Final procedures. The Treasury Financial the debtor in accordance with the Rule, published in the Federal Register Manual, Part 4–Chapter 4000, requires provisions of 31 CFR 285.11(f)(4). If a (73 FR 74945) on December 10, 2008, agencies transferring debts to FMS to debtor’s hearing request is untimely, states Agency will adopt the hold have administrative wage garnishment FMS may suspend collection by harmless TOPs for rural hospitals procedures or regulations. administrative wage garnishment in having 100 or fewer beds and SCHs. Federal agencies are authorized to accordance with the provisions of 31 Medicare’s hold harmless TOPs was collect delinquent nontax debt owed to CFR 285.11(f)(5). All travel expenses scheduled to expire January 1, 2010. the United States from debtors’ wages incurred by the debtor in connection TRICARE delayed implementation of its by means of administrative wage with an in-person hearing will be borne OPPS for small rural hospitals with 100 garnishment in accordance with the by the debtor. This regulation does not or fewer beds and rural SCHs with 100 requirements of 31 U.S.C. 3720D and 31 apply to federal salary offset, the or fewer beds until January 1, 2010, CFR 285.11. The implementing process by which federal agencies with the expectation that the Medicare regulations provide due process for collect debts from the salaries of federal TOPs would expire, negating the need nontax debtors. Agencies may prescribe employees. Additionally, when TMA to implement the TRICARE TOPs their own conforming regulations, collects debts of military members or provision. The Patient Protection and containing the same substantive and retirees through offsetting Defense Affordable Care Act (PPACA) extended procedural requirements as the Treasury Finance and Accounting Service the hold harmless provision under final rule on wage garnishment, for the payments, the provisions of 32 CFR Medicare, beyond January 1, 2010; conduct of administrative wage 199.11(f)(6)(vii) govern. therefore TRICARE will need to
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implement TOPS as of January 1, 2010. deployment in time of contingency means a hospital meets their costs and The PPACA also expanded the hold operations.’’ a ratio of greater than 1.0 means harmless provision to all SCHs. The final rule stated that the payments exceeds costs. Using an TTOPs will be made to qualifying procedures to be followed when adjustment guideline to allow the hospitals that have OPPS costs that are submitting a TMCPA request would be Department to apply General TMCPA greater than their TRICARE allowed outlined in the TRICARE payments so that the total of payments amounts using a method similar to Reimbursement Manual (TRM). For the to a qualifying hospital falls within Medicare. TRICARE will pay an amount first three OPPS years, (May 1, 2009– these private pay norms was chosen as equal to 85 percent of the difference April 30, 2012), TMA implemented the a method to more equitably meet DoD’s between the estimated OPPS costs and criteria for General TMCPA payments objectives in making these payment the OPPS payment. and reviewed applications for General adjustments. As a result, TRICARE is The process for determining the TMCPA payments. The TRM states that revising its guidelines for determining TTOPs will be outlined in a future for qualifying hospitals, the General the level of payment for a General revision to the TRICARE TMCPA adjustment cannot exceed 95 TMCPA from a maximum 95 percent of Reimbursement Manual. The TRICARE percent of the amount that would have the pre-OPPS amount to a maximum Reimbursement Manual is available at been paid prior to implementation of PCR of 1.3 for OPPS year 4 (May 1, http://manuals.tricare.osd.mil/. OPPS. 2012–April 30, 2013) and subsequent We experienced two major problems years. The ratio 1.30 was selected Dated: June 20, 2012. with the approach: because this is the average level of Patricia Toppings, 1. The use of the current approach aggregate PCRs that AHA reports that OSD Federal Register Liaison Officer, allows the payments to exceed the hospitals have received from private Department of Defense. average payment-to-cost ratios (PCRs) payers during the 2003–2009 period. [FR Doc. 2012–15504 Filed 6–25–12; 8:45 am] paid by other payers. When DoD The use of a PCR as a guideline to BILLING CODE 5001–06–P adopted the Medicare OPPS, the intent determine the limit on the level of was to align our payment structure more payment for General TMCPA payments closely with Medicare and assist those is simple, transparent, and will provide DEPARTMENT OF DEFENSE facilities that are ‘‘deemed essential for fair and equitable payments to the military readiness and deployment in Office of the Secretary qualifying hospitals and is supported by time of contingency operations’’ by data indicating it is a reasonable giving them a reasonable adjustment. As TRICARE; Revised Guideline for approach. discussed below, paying hospitals up to Determining the Outpatient The procedures that are to be 95 percent of the pre-OPPS amounts for Prospective Payment System (OPPS) followed when submitting a TMCPA hospital outpatient department services General Temporary Military request will be outlined in the TRM. could be equivalent to reimbursing them Contingency Payment Adjustment at very high (PCRs), resulting in DoD Dated: June 20, 2012. (TMCPA) Amount paying higher rates than most Patricia Toppings, OSD Federal Register Liaison Officer, AGENCY: Department of Defense (DoD). purchasers of care at these facilities. Department of Defense. ACTION: Notice of revised guideline for 2. There is also a lack of fairness in [FR Doc. 2012–15505 Filed 6–25–12; 8:45 am] determining TRICARE’s OPPS General the current method of determining BILLING CODE 5001–06–P TMCPA amount. General TMCPA payments for the various facilities because it is tied to the SUMMARY: This notice advises interested level of pre-OPPS allowed amounts. For parties of a guideline concerning the the most part, pre-OPPS payments were DEPARTMENT OF ENERGY methodology to calculate TRICARE’s made on the basis of the charges billed OPPS General TMCPA amount for by the facility. DoD policy at that time Federal Energy Regulatory qualifying hospitals. was to pay these ‘‘billed charge Commission DATES: The guideline for calculating amounts.’’ Thus, using 95 percent of [Project No. 2458–198] TRICARE’s OPPS General TMCPA pre-OPPS allowed amounts could allow amount is effective for OPPS year 4 hospitals that had higher billed charges Great Lakes Hydro America, LLC; (May 1, 2012–April 30, 2013) and to receive higher levels of General Notice of Application Accepted for subsequent years. TMCPA payments than those that had Filing and Soliciting Comments, billed at lower ‘‘billed charge amounts’’ Motions To Intervene, and Protests ADDRESSES: TRICARE Management for the same services. This could be true Activity (TMA), Medical Benefits and even if a lower charging facility saw the Take notice that the following Reimbursement Branch, 16401 East same or greater number of DoD active hydroelectric application has been filed Centretech Parkway, Aurora, CO 80011– duty and family members or if the with the Commission and is available 9066. facilities’ percentage of revenue for public inspection. a. Application Type: Amendment of FOR FURTHER INFORMATION CONTACT: Ms. received from DoD were the same. This Martha M. Maxey, TMA, Medical License Article 408. result is inequitable to the various b. Project No.: 2458–198. Benefits and Reimbursement Branch, facilities and inconsistent with the telephone (303) 676–3627. c. Date Filed: April 13, 2012. intent of the General TMCPA. d. Applicant: Great Lakes Hydro SUPPLEMENTARY INFORMATION: In an attempt to resolve these America, LLC. TRICARE’s OPPS Final Rule that was inequities, the Department looked at the e. Name of Project: Penobscot Mills. published in the Federal Register on rates paid by other private payers. A f. Location: North Twin development, December 10, 2008, states that TMCPAs report published by the American West Branch Penobscot River, Maine. are intended to provide additional Hospital Association (AHA) in g. Filed Pursuant to: Federal Power payments above the Medicare payment December 2010 indicates that the Act, 16 U.S.C. 791a–825r. level for hospitals that are ‘‘deemed aggregate PCRs for private payers are in h. Applicant Contact: Kevin Bernier, essential for military readiness and the range of 1.15 to 1.35. A ratio of 1.0 Manager, Licensing and Compliance,
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Great Lakes Hydro America, LLC, 1024 email [email protected], for Dated: June 20, 2012. Central Street, Millinocket, ME 04462, TTY, call (202) 502–8659. A copy is also Kimberly D. Bose, (207) 723–4341, Ext. 118. available for inspection and Secretary. i. FERC Contact: John K. Novak, (202) reproduction at the address in item (h) [FR Doc. 2012–15521 Filed 6–25–12; 8:45 am] 502–6076, [email protected]. above. BILLING CODE 6717–01–P j. Deadline for filing comments, motions to intervene, and protests, is m. Individuals desiring to be included on the Commission’s mailing list should July 23, 2012. DEPARTMENT OF ENERGY All documents may be filed so indicate by writing to the Secretary electronically via the Internet. See, 18 of the Commission. Federal Energy Regulatory CFR 385.2001(a)(1)(iii) and the n. Comments, Protests, or Motions to Commission instructions on the Commission’s Web Intervene: Anyone may submit site at http://www.ferc.gov/docs-filing/ comments, a protest, or a motion to Combined Notice of Filings #1 efiling.asp. If unable to be filed intervene in accordance with the Take notice that the Commission electronically, documents may be paper- requirements of Rules of Practice and filed. To paper-file, an original and received the following exempt Procedure, 18 CFR 385.210, .211, .214. wholesale generator filings: seven copies should be mailed to: In determining the appropriate action to Secretary, Federal Energy Regulatory take, the Commission will consider all Docket Numbers: EG12–78–000. Applicants: NaturEner Rim Rock Commission, 888 First Street NE., protests or other comments filed, but Wind Energy, LLC. Washington, DC 20426. Commenters only those who file a motion to Description: Notice of Self can submit brief comments up to 6,000 intervene in accordance with the Certification of Exempt Wholesale characters, without prior registration, Commission’s Rules may become a Generator Status of NaturEner Rim Rock using the eComment system at http:// party to the proceeding. Any comments, www.ferc.gov/docs-filing/ Wind Energy, LLC. protests, or motions to intervene must ecomment.asp. You must include your Filed Date: 6/18/12. be received on or before the specified name and contact information at the end Accession Number: 20120618–5059. comment date for the particular of your comments. Comments Due: 5 p.m. ET 7/9/12. application. Please include the project number (P– Docket Numbers: EG12–79–000. 2458–198) on any comments, motions, o. Filing and Service of Responsive Applicants: NaturEner Glacier Wind or recommendations filed. Documents: All filings must (1) bear in Energy 1, LLC. k. Description of Request: Great Lakes all capital letters the title Description: Notice of Self- Hydro America, LLC requests ‘‘COMMENTS’’, ‘‘PROTEST’’, or Certification of Exempt Wholesale Commission approval of amendment of ‘‘MOTION TO INTERVENE’’ as Generator Status of NaturEner Glacier Article 408 to eliminate the water level applicable; (2) set forth in the heading Wind Energy 1, LLC. management requirements in the North the name of the applicant and the Filed Date: 6/18/12. Twin impoundment for lake trout project number of the application to Accession Number: 20120618–5073. spawning/incubation. The propagation which the filing responds; (3) furnish Comments Due: 5 p.m. ET 7/9/12. of wild lake trout has not been the name, address, and telephone Take notice that the Commission successful after several years of number of the person protesting or received the following electric rate controlling the reservoir levels in intervening; and (4) otherwise comply filings: compliance with Article 408. Removal with the requirements of 18 CFR of reservoir level requirements for lake Docket Numbers: ER12–2041–001. 385.2001 through 385.2005. All Applicants: ISO New England Inc., trout would provide more flexibility in comments, motions to intervene, or New England Power Pool Participants providing power and non-power protests must set forth their evidentiary Committee. benefits at the development including basis and otherwise comply with the Description: Errata to Defined Term the maintenance of higher flows to requirements of 18 CFR 4.34(b). All Revisions to be effective 8/14/2012. benefit the tailwater fishery. Great Lakes comments, motions to intervene, or Filed Date: 6/18/12. Hydro America, LLC proposes to request protests should relate to project works Accession Number: 20120618–5024. a modification to its Water Quality which are the subject of the amendment. Comments Due: 5 p.m. ET 7/9/12. Certificate from the Maine Department Agencies may obtain copies of the of Environment Protection. Docket Numbers: ER12–2057–000. l. Locations of the Application: A application directly from the applicant. Applicants: NaturEner Glacier Wind copy of the application is available for A copy of any protest or motion to Energy 1, LLC. inspection and reproduction at the intervene must be served upon each Description: Filing of Temporary Use Commission’s Public Reference Room, representative of the applicant specified Agreement and Request for Waivers and located at 888 First Street NE., Room in the particular application. If an Expedited Action to be effective 2A, Washington, DC 20426, or by calling intervener files comments or documents 6/19/2012. (202) 502–8371. This filing may also be with the Commission relating to the Filed Date: 6/18/12. viewed on the Commission’s Web site at merits of an issue that may affect the Accession Number: 20120618–5045. http://www.ferc.gov/docs-filing/ responsibilities of a particular resource Comments Due: 5 p.m. ET 7/9/12. efiling.asp. Enter the docket number agency, they must also serve a copy of Docket Numbers: ER12–2058–000. excluding the last three digits in the the document on that resource agency. Applicants: Southwestern Electric docket number field to access the A copy of all other filings in reference Power Company. document. You may also register online to this application must be accompanied Description: NTEC Sabine DPA to be at http://www.ferc.gov/docs-filing/ by proof of service on all persons listed effective 6/1/2012. esubscription.asp to be notified via in the service list prepared by the Filed Date: 6/18/12. email of new filings and issuances Commission in this proceeding, in Accession Number: 20120618–5061. related to this or other pending projects. accordance with 18 CFR 4.34(b) and Comments Due: 5 p.m. ET 7/9/12. For assistance, call 1–866–208–3676 or 385.2010. Docket Numbers: ER12–2059–000.
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Applicants: Southwestern Electric time on the specified comment date. Midwest Independent Transmission Power Company. Protests may be considered, but System Operator, Inc. Description: NTEC Scroggins 138 DPA intervention is necessary to become a Docket No. EL12–24–000, Pioneer to be effective 6/1/2012. party to the proceeding. Transmission LLC v. Midwest Filed Date: 6/18/12. eFiling is encouraged. More detailed Independent Transmission System Accession Number: 20120618–5062. information relating to filing Operator, Inc. Comments Due: 5 p.m. ET 7/9/12. requirements, interventions, protests, Docket No. EL12–28–000, Xcel Energy Docket Numbers: ER12–2060–000. service, and qualifying facilities filings Services Inc. v. American Applicants: Public Service Company can be found at: http://www.ferc.gov/ Transmission Company, LLC. of Oklahoma. docs-filing/efiling/filing-req.pdf. For Docket No. OA08–53, Midwest Description: WFEC Wardville other information, call (866) 208–3676 Independent Transmission System Delivery Point Agreement to be effective (toll free). For TTY, call (202) 502–8659. Operator, Inc. 6/1/2012. Dated: June 19, 2012. For more information, contact Christopher Miller, Office of Energy Filed Date: 6/18/12. Nathaniel J. Davis, Sr., Markets Regulation, Federal Energy Accession Number: 20120618–5063. Deputy Secretary. Comments Due: 5 p.m. ET 7/9/12. Regulatory Commission at (317) 249– [FR Doc. 2012–15499 Filed 6–25–12; 8:45 am] 5936 or [email protected]. Docket Numbers: ER12–2061–000. BILLING CODE 6717–01–P Applicants: AEP Texas Central Dated: June 19, 2012. Company. Kimberly D. Bose, Description: Los Vientos 1B IA to be DEPARTMENT OF ENERGY Secretary. effective 5/24/2012. [FR Doc. 2012–15487 Filed 6–25–12; 8:45 am] Filed Date: 6/18/12. Federal Energy Regulatory BILLING CODE 6717–01–P Accession Number: 20120618–5066. Commission Comments Due: 5 p.m. ET 7/9/12. Docket Numbers: ER12–2062–000. Notice of Commission Staff DEPARTMENT OF ENERGY Applicants: Southwest Power Pool, Attendance Inc. Federal Energy Regulatory The Federal Energy Regulatory Commission Description: Southwest Power Pool, Commission hereby gives notice that Inc.’s Notice of Cancellation of members of the Commission’s staff may Notice of Commission Staff Generator Interconnection Agreement. attend the following meetings related to Attendance Filed Date: 6/15/12. the transmission planning activities of Accession Number: 20120615–5188. the Midwest Independent Transmission The Federal Energy Regulatory Comments Due: 5 p.m. ET 7/6/12. System Operator, Inc. (MISO): Commission hereby gives notice that Docket Numbers: ER12–2063–000. RECB Task Force & Planning Advisory members of the Commission’s staff may Applicants: AEP Texas Central Committee—June 28, 2012; attend the following meeting related to Company. Order 1000 Right of First Refusal Task the transmission planning activities of Description: Los Vientos 1A Amended Team—June 28, 2012; ISO New England Inc., New York & Restated IA to be effective 5/24/2012. Order 1000 Right of First Refusal Task Independent System Operator, Inc., and Filed Date: 6/18/12. Team—June 29, 2012. PJM Interconnection, L.L.C.: Accession Number: 20120618–5074. The above-referenced meeting will be Inter-Regional Planning Stakeholder Comments Due: 5 p.m. ET 7/9/12. held at: MISO Headquarters, 720 City Advisory Committee Docket Numbers: ER12–2064–000. Center Drive, Carmel, IN 46032. June 22, 2012, 9 a.m. to 12 p.m., Local Applicants: Southwest Power Pool, The above-referenced meeting is open Time Inc. to the public. Description: 2439 Kansas Municipal Further information may be found at The above-referenced meeting will be Energy Agency NITSA NOA to be www.misoenergy.org. held via teleconference. effective 6/1/2012. The discussions at the meeting The above-referenced meeting is open Filed Date: 6/18/12. described above may address matters at to stakeholders. Accession Number: 20120618–5097. issue in the following proceedings: Further information may be found at Comments Due: 5 p.m. ET 7/9/12. Docket No. ER12–1577–000, Midwest www.pjm.com. The discussions at the meetings Docket Numbers: ER12–275–004. Independent Transmission System Operator, Inc. described above may address matters at Applicants: Dynegy Oakland, LLC. issue in the following proceedings: Description: Compliance Filing to be Docket No. ER12–715, Midwest Docket No. ER08–1281, New York effective 1/1/2012. Independent Transmission System Independent System Operator, Inc. Filed Date: 6/18/12. Operator, Inc. Docket No. ER12–480, Midwest Docket Nos. ER10–787, EL10–50, and Accession Number: 20120618–5092. Independent Transmission System EL10–57, ISO New England Inc. and Comments Due: 5 p.m. ET 7/9/12. Operator, Inc. the New England Power Pool The filings are accessible in the Docket No. ER12–309, Midwest Participants Committee Commission’s eLibrary system by Independent Transmission System Docket No. ER11–2216, ISO New clicking on the links or querying the Operator, Inc. England Inc. and the Participating docket number. Docket No. ER11–1844, Midwest Transmission Owners Administrative Any person desiring to intervene or Independent Transmission System Committee protest in any of the above proceedings Operator, Inc. Docket No. ER11–2580, ISO New must file in accordance with Rules 211 Docket No. EL11–56, FirstEnergy England Inc. and 214 of the Commission’s Service Company. Docket No. ER11–3953, ISO New Regulations (18 CFR 385.211 and Docket No. EL11–30, E.ON Climate & England Inc. and the New England 385.214) on or before 5 p.m. Eastern Renewables North America, LLC v. Power Pool Participants Committee
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Docket No. ER11–4336, ISO New attend the following meeting related to to the applicant’s request for blanket England Inc. the transmission planning activities of authorization, under 18 CFR part 34, of Docket No. ER12–729, ISO New England the Southern Company Services, Inc.: future issuances of securities and Inc. and the New England Power Pool assumptions of liability, is July 10, 2012 Southeastern Regional Participants Committee 2012. Transmission Planning Process Docket No. ER12–757, ISO New England The Commission encourages (SERTP) 2nd Quarter Preliminary Inc. electronic submission of protests and Expansion Plan Meeting Docket No. ER12–953, ISO New England interventions in lieu of paper, using the Inc. and the New England Power Pool June 27, 2012, 10 a.m.–3 p.m., Local FERC Online links at http:// Participants Committee Time www.ferc.gov. To facilitate electronic Docket No. ER12–991, ISO New England The above-referenced meeting will be service, persons with Internet access Inc. held at: who will eFile a document and/or be Docket No. EL05–121, PJM listed as a contact for an intervenor Municipal Electric Authority of Georgia Interconnection, L.L.C. must create and validate an Corporate Headquarters Atlanta, Docket No. ER06–456, ER06–954, ER06– eRegistration account using the Georgia. 1271, ER07–424, ER06–880, EL07–57, eRegistration link. Select the eFiling ER07–1186, ER08–229, ER08–1065, The above-referenced meeting is open link to log on and submit the ER09–497, and ER10–268, PJM to stakeholders. intervention or protests. Further information may be found at: Interconnection, L.L.C. Persons unable to file electronically www.southeasternrtp.com. Docket No. ER10–253 and EL10–14, should submit an original and 14 copies The discussions at the meeting of the intervention or protest to the Primary Power, L.L.C. described above may address matters at Docket No. EL10–52, Central Federal Energy Regulatory Commission, issue in the following proceeding: Transmission, LLC v. PJM 888 First Street NE., Washington, DC Interconnection, L.L.C. Docket No. ER12–337, Mississippi 20426. Docket No. ER11–4070, RITELine Power Company. The filings in the above-referenced Indiana et al. For more information, contact Valerie proceeding are accessible in the Docket No. ER11–2875 and EL11–20, Martin, Office of Energy Market Commission’s eLibrary system by PJM Interconnection, L.L.C. Regulation, Federal Energy Regulatory clicking on the appropriate link in the Docket No. ER09–1256, Potomac- Commission at (202) 502–6139 or above list. They are also available for Appalachian Transmission Highline, [email protected]. review in the Commission’s Public L.L.C. Dated: June 20, 2012. Reference Room in Washington, DC. Docket No. ER09–1589, FirstEnergy Kimberly D. Bose, There is an eSubscription link on the Service Company Secretary. Web site that enables subscribers to receive email notification when a Docket No. EL11–56, FirstEnergy [FR Doc. 2012–15519 Filed 6–25–12; 8:45 am] Service Company document is added to a subscribed BILLING CODE 6717–01–P Docket No. ER11–1844, Midwest docket(s). For assistance with any FERC Independent Transmission System Online service, please email Operator, Inc. DEPARTMENT OF ENERGY [email protected]. or call Docket No. ER12–718, New York (866) 208–3676 (toll free). For TTY, call Independent System Operator, Inc. Federal Energy Regulatory (202) 502–8659. Docket No. ER12–1177, PJM Commission Dated: June 20, 2012. Interconnection, L.L.C. [Docket No. ER12–2065–000] Nathaniel J. Davis, Sr., Docket No. ER12–1178, PJM Deputy Secretary. Interconnection, L.L.C. Aequitas Energy, Inc.; Supplemental [FR Doc. 2012–15497 Filed 6–25–12; 8:45 am] Docket No. ER12–1693, PJM Notice That Initial Market-Based Rate BILLING CODE 6717–01–P Interconnection, L.L.C. Filing Includes Request for Blanket For more information, contact James Section 204 Authorization Eason, Office of Energy Market DEPARTMENT OF ENERGY Regulation, Federal Energy Regulatory This is a supplemental notice in the Commission at (202) 502–8622 or above-referenced proceeding of Federal Energy Regulatory [email protected]. Aequitas Energ, Inc.’s application for Commission market-based rate authority, with an Dated: June 20, 2012. accompanying rate tariff, noting that [Docket No. ER12–2051–000] Kimberly D. Bose, such application includes a request for SPS Alpaugh 50, LLC; Supplemental Secretary. blanket authorization, under 18 CFR [FR Doc. 2012–15520 Filed 6–25–12; 8:45 am] Notice That Initial Market-Based Rate part 34, of future issuances of securities Filing Includes Request for Blanket BILLING CODE 6717–01–P and assumptions of liability. Section 204 Authorization Any person desiring to intervene or to protest should file with the Federal This is a supplemental notice in the DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 above-referenced proceeding of SPS First Street NE., Washington, DC 20426, Alpaugh 50, LLC’s application for Federal Energy Regulatory in accordance with Rules 211 and 214 market-based rate authority, with an Commission of the Commission’s Rules of Practice accompanying rate tariff, noting that Notice of Commission Staff and Procedure (18 CFR 385.211 and such application includes a request for Attendance 385.214). Anyone filing a motion to blanket authorization, under 18 CFR intervene or protest must serve a copy part 34, of future issuances of securities The Federal Energy Regulatory of that document on the Applicant. and assumptions of liability. Commission hereby gives notice that Notice is hereby given that the Any person desiring to intervene or to members of the Commission’s staff may deadline for filing protests with regard protest should file with the Federal
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Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY Online service, please email First Street NE., Washington, DC 20426, [email protected] or call in accordance with Rules 211 and 214 Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call of the Commission’s Rules of Practice Commission (202) 502–8659. and Procedure (18 CFR 385.211 and [Docket No. ER12–2052–000] Dated: June 20, 2012. 385.214). Anyone filing a motion to Nathaniel J. Davis, Sr., SPS Alpaugh North, LLC; intervene or protest must serve a copy Deputy Secretary. of that document on the Applicant. Supplemental Notice That Initial Market-Based Rate Filing Includes [FR Doc. 2012–15502 Filed 6–25–12; 8:45 am] Notice is hereby given that the Request for Blanket Section 204 BILLING CODE 6717–01–P deadline for filing protests with regard Authorization to the applicant’s request for blanket authorization, under 18 CFR part 34, of This is a supplemental notice in the DEPARTMENT OF ENERGY future issuances of securities and above-referenced proceeding of SPS Federal Energy Regulatory assumptions of liability, is July 10, Alpaugh North, LLC’s application for Commission 2012. market-based rate authority, with an accompanying rate tariff, noting that [Docket No. ER12–1932–000] The Commission encourages such application includes a request for electronic submission of protests and blanket authorization, under 18 CFR Franklin County Wind, LLC; interventions in lieu of paper, using the Part 34, of future issuances of securities Supplemental Notice That Initial FERC Online links at http:// and assumptions of liability. Market-Based Rate Filing Includes www.ferc.gov. To facilitate electronic Any person desiring to intervene or to Request for Blanket Section 204 service, persons with Internet access protest should file with the Federal Authorization who will eFile a document and/or be Energy Regulatory Commission, 888 listed as a contact for an intervenor First Street NE., Washington, DC 20426, This is a supplemental notice in the must create and validate an in accordance with Rules 211 and 214 above-referenced proceeding of Franklin eRegistration account using the of the Commission’s Rules of Practice County Wind, LLC’s application for eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and market-based rate authority, with an link to log on and submit the 385.214). Anyone filing a motion to accompanying rate tariff, noting that such application includes a request for intervention or protests. intervene or protest must serve a copy of that document on the Applicant. blanket authorization, under 18 CFR Persons unable to file electronically Notice is hereby given that the Part 34, of future issuances of securities should submit an original and 14 copies deadline for filing protests with regard and assumptions of liability. of the intervention or protest to the to the applicant’s request for blanket Any person desiring to intervene or to Federal Energy Regulatory Commission, authorization, under 18 CFR Part 34, of protest should file with the Federal 888 First Street NE., Washington, DC future issuances of securities and Energy Regulatory Commission, 888 20426. assumptions of liability, is July 10, First Street NE., Washington, DC 20426, The filings in the above-referenced 2012. in accordance with Rules 211 and 214 proceeding are accessible in the The Commission encourages of the Commission’s Rules of Practice Commission’s eLibrary system by electronic submission of protests and and Procedure (18 CFR 385.211 and clicking on the appropriate link in the interventions in lieu of paper, using the 385.214). Anyone filing a motion to intervene or protest must serve a copy above list. They are also available for FERC Online links at http:// of that document on the Applicant. review in the Commission’s Public www.ferc.gov. To facilitate electronic Notice is hereby given that the Reference Room in Washington, DC. service, persons with Internet access deadline for filing protests with regard There is an eSubscription link on the who will eFile a document and/or be listed as a contact for an intervenor to the applicant’s request for blanket Web site that enables subscribers to must create and validate an authorization, under 18 CFR Part 34, of receive email notification when a eRegistration account using the future issuances of securities and document is added to a subscribed eRegistration link. Select the eFiling assumptions of liability, is July 10, docket(s). For assistance with any FERC link to log on and submit the 2012. Online service, please email intervention or protests. The Commission encourages [email protected]. or call Persons unable to file electronically electronic submission of protests and (866) 208–3676 (toll free). For TTY, call should submit an original and 14 copies interventions in lieu of paper, using the (202) 502–8659. of the intervention or protest to the FERC Online links at http:// Dated: June 20, 2012. Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic service, persons with Internet access Nathaniel J. Davis, Sr., 888 First Street NE., Washington, DC 20426. who will eFile a document and/or be Deputy Secretary. The filings in the above-referenced listed as a contact for an intervenor [FR Doc. 2012–15501 Filed 6–25–12; 8:45 am] proceeding are accessible in the must create and validate an BILLING CODE 6717–01–P Commission’s eLibrary system by eRegistration account using the clicking on the appropriate link in the eRegistration link. Select the eFiling above list. They are also available for link to log on and submit the review in the Commission’s Public intervention or protests. Reference Room in Washington, DC. Persons unable to file electronically There is an eSubscription link on the should submit an original and 14 copies Web site that enables subscribers to of the intervention or protest to the receive email notification when a Federal Energy Regulatory Commission, document is added to a subscribed 888 First Street NE., Washington, DC docket(s). For assistance with any FERC 20426.
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The filings in the above-referenced must create and validate an authorization, under 18 CFR Part 34, of proceeding are accessible in the eRegistration account using the future issuances of securities and Commission’s eLibrary system by eRegistration link. Select the eFiling assumptions of liability, is July 10, clicking on the appropriate link in the link to log on and submit the 2012. above list. They are also available for intervention or protests. The Commission encourages review in the Commission’s Public Persons unable to file electronically electronic submission of protests and Reference Room in Washington, DC. should submit an original and 14 copies interventions in lieu of paper, using the There is an eSubscription link on the of the intervention or protest to the FERC Online links at http:// Web site that enables subscribers to Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic receive email notification when a 888 First Street NE., Washington, DC service, persons with Internet access document is added to a subscribed 20426. who will eFile a document and/or be docket(s). For assistance with any FERC The filings in the above-referenced listed as a contact for an intervenor Online service, please email proceeding are accessible in the must create and validate an [email protected]. or call Commission’s eLibrary system by eRegistration account using the (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the eRegistration link. Select the eFiling (202) 502–8659. above list. They are also available for link to log on and submit the Dated: June 20, 2012. review in the Commission’s Public intervention or protests. Nathaniel J. Davis, Sr., Reference Room in Washington, DC. Persons unable to file electronically There is an eSubscription link on the should submit an original and 14 copies Deputy Secretary. Web site that enables subscribers to of the intervention or protest to the [FR Doc. 2012–15500 Filed 6–25–12; 8:45 am] receive email notification when a Federal Energy Regulatory Commission, BILLING CODE 6717–01–P document is added to a subscribed 888 First Street NE., Washington, DC docket(s). For assistance with any FERC 20426. Online service, please email The filings in the above-referenced DEPARTMENT OF ENERGY [email protected]. or call proceeding are accessible in the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by Commission (202) 502–8659. clicking on the appropriate link in the Dated: June 20, 2012. above list. They are also available for [Docket No. ER12–2068–000] Nathaniel J. Davis, Sr., review in the Commission’s Public Reference Room in Washington, DC. Deputy Secretary. Blue Sky East, LLC; Supplemental There is an eSubscription link on the Notice That Initial Market-Based Rate [FR Doc. 2012–15498 Filed 6–25–12; 8:45 am] Web site that enables subscribers to Filing Includes Request for Blanket BILLING CODE 6717–01–P receive email notification when a Section 204 Authorization document is added to a subscribed docket(s). For assistance with any FERC This is a supplemental notice in the DEPARTMENT OF ENERGY above-referenced proceeding of Blue Online service, please email Sky East, LLC’s application for market- Federal Energy Regulatory [email protected]. or call based rate authority, with an Commission (866) 208–3676 (toll free). For TTY, call accompanying rate tariff, noting that (202) 502–8659. [Docket No. ER12–2055–000] such application includes a request for Dated: June 20, 2012. blanket authorization, under 18 CFR San Gorgonio Farms, Inc.; Nathaniel J. Davis, Sr., Part 34, of future issuances of securities Supplemental Notice That Initial Deputy Secretary. and assumptions of liability. Market-Based Rate Filing Includes [FR Doc. 2012–15496 Filed 6–25–12; 8:45 am] Any person desiring to intervene or to Request for Blanket Section 204 BILLING CODE 6717–01–P protest should file with the Federal Authorization Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, This is a supplemental notice in the DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 above-referenced proceeding of San of the Commission’s Rules of Practice Gorgonio Farms, Inc.’s application for Federal Energy Regulatory and Procedure (18 CFR 385.211 and market-based rate authority, with an Commission 385.214). Anyone filing a motion to accompanying rate tariff, noting that intervene or protest must serve a copy such application includes a request for [Project No. 11841–020] of that document on the Applicant. blanket authorization, under 18 CFR Ketchikan Public Utilities; Notice of Notice is hereby given that the Part 34, of future issuances of securities Application for Amendment of License deadline for filing protests with regard and assumptions of liability. and Soliciting Comments, Motions To to the applicant’s request for blanket Any person desiring to intervene or to Intervene, and Protests authorization, under 18 CFR Part 34, of protest should file with the Federal future issuances of securities and Energy Regulatory Commission, 888 Take notice that the following assumptions of liability, is July 10, First Street NE., Washington, DC 20426, hydroelectric application has been filed 2012. in accordance with Rules 211 and 214 with the Commission and is available The Commission encourages of the Commission’s Rules of Practice for public inspection: electronic submission of protests and and Procedure (18 CFR 385.211 and a. Application Type: Application to interventions in lieu of paper, using the 385.214). Anyone filing a motion to amend project access road and Whitman FERC Online links at http:// intervene or protest must serve a copy Lake trail plan. www.ferc.gov. To facilitate electronic of that document on the Applicant. b. Project No: 11841–020. service, persons with Internet access Notice is hereby given that the c. Date Filed: June 15, 2012. who will eFile a document and/or be deadline for filing protests with regard d. Applicant: Ketchikan Public listed as a contact for an intervenor to the applicant’s request for blanket Utilities.
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e. Name of Project: Whitman Lake Creek, and terminate at an overlook near proceeding, in accordance with 18 CFR Hydroelectric Project. the Achilles diversion, a project feature. 385.2010. f. Location: Whitman Creek in l. Locations of the Application: A Dated: June 20, 2012. Ketchikan Gateway Borough, Alaska. copy of the application is available for Kimberly D. Bose, g. Filed Pursuant to: Federal Power inspection and reproduction at the Secretary. Act, 16 U.S.C. 791a–825r. Commission’s Public Reference Room, h. Applicant Contact: Jennifer located at 888 First Street NE., Room [FR Doc. 2012–15518 Filed 6–25–12; 8:45 am] Holstrom, Ketchikan Public Utilities, 2A, Washington, DC 20426, or by calling BILLING CODE 6717–01–P Electric Division, 1065 Fair Street, (202) 502–8371. This filing may also be Ketchikan, Alaska 99901, viewed on the Commission’s Web site at DEPARTMENT OF ENERGY [email protected], (907) http://www.ferc.gov using the 228–4733. ‘‘eLibrary’’ link. Enter the docket Federal Energy Regulatory i. FERC Contact: Mark Carter, (678) number excluding the last three digits in Commission 245–3083, [email protected]. the docket number field to access the j. Deadline for filing comments, document. You may also register online [Docket No. EL12–74–000] at http://www.ferc.gov/docs-filing/ motions to intervene, and protests: July Idaho Wind Partners 1, LLC; Notice of esubscription.asp to be notified via 5, 2012. Petition for Declaratory Order All documents may be filed email of new filings and issuances electronically via the Internet. See, 18 related to this or other pending projects. Take notice that on June 15, 2012, CFR 385.2001(a)(1)(iii) and the For assistance, call 1–866–208–3676 or pursuant to Rule 207 of the Federal instructions on the Commission’s Web email [email protected], for Energy Regulatory Commission’s site at http://www.ferc.gov/docs-filing/ TTY, call (202) 502–8659. A copy is also (Commission) Rules of Practice and efiling.asp. Commenters can submit available for inspection and Procedure, 18 CFR 385.207, the Idaho brief comments up to 6,000 characters, reproduction at the address in item (h) Wind Partners 1, LLC submitted a without prior registration, using the above. Agencies may obtain copies of Petition for Declaratory Order seeking eComment system at http:// the application directly from the that the Commission rule that Idaho www.ferc.gov/docs-filing/ applicant. Power Company’s (Idaho Power) new ecomment.asp. You must include your m. Individuals desiring to be included curtailment policy would violate the name and contact information at the end on the Commission’s mailing list should Public Utility Regulatory Policies Act of of your comments. For assistance, so indicate by writing to the Secretary 1978 if Idaho Power curtails purchases please contact FERC Online Support at of the Commission. from QFs with fixed rate avoided cost [email protected] or toll n. Comments, Protests, or Motions to contracts, whether Idaho Power acts free at 1–866–208–3676, or for TTY, Intervene: Anyone may submit unilaterally or acts pursuant to a (202) 502–8659. Although the comments, a protest, or a motion to schedule or policy approved by the Commission strongly encourages intervene in accordance with the Idaho Public Utility Commission. electronic filing, documents may also be requirements of Rules of Practice and Any person desiring to intervene or to paper-filed. To paper-file, mail an Procedure, 18 CFR 385.210, .211, .214, protest this filing must file in original and seven copies to: Secretary, respectively. In determining the accordance with Rules 211 and 214 of Federal Energy Regulatory Commission, appropriate action to take, the the Commission’s Rules of Practice and 888 First Street NE., Washington, DC Commission will consider all protests or Procedure (18 CFR 385.211, 385.214). 20426. Please include the project other comments filed, but only those Protests will be considered by the number (P–11841–020) on any who file a motion to intervene in Commission in determining the comments, motions, or accordance with the Commission’s appropriate action to be taken, but will recommendations filed. Rules may become a party to the not serve to make protestants parties to The Commission’s Rules of Practice proceeding. Any comments, protests, or the proceeding. Any person wishing to and Procedure require all intervenors motions to intervene must be received become a party must file a notice of filing documents with the Commission on or before the specified comment date intervention or motion to intervene, as to serve a copy of that document on for the particular application. appropriate. Such notices, motions, or each person whose name appears on the o. Filing and Service of Documents: protests must be filed on or before the official service list for the project. Any filing must (1) Bear in all capital comment date. On or before the Further, if an intervenor files comments letters the title ‘‘COMMENTS’’, comment date, it is not necessary to or documents with the Commission ‘‘PROTEST’’, or ‘‘MOTION TO serve motions to intervene or protests relating to the merits of an issue that INTERVENE’’ as applicable; (2) set forth on persons other than the Applicant. may affect the responsibilities of a in the heading the name of the applicant The Commission encourages particular resource agency, they must and the project number of the electronic submission of protests and also serve a copy of the document on application to which the filing interventions in lieu of paper using the that resource agency. responds; (3) furnish the name, address, ‘‘eFiling’’ link at http://www.ferc.gov. k. Description of Application: and telephone number of the person Persons unable to file electronically Ketchikan Public Utilities (licensee) commenting, protesting or intervening; should submit an original and 14 copies requests Commission approval to and (4) otherwise comply with the of the protest or intervention to the modify the location of the project’s requirements of 18 CFR 385.2001 Federal Energy Regulatory Commission, access road, which has not yet been through 385.2005. All comments, 888 First Street NE., Washington, DC constructed. The access road would also motions to intervene, or protests must 20426. serve as a recreational hiking, bicycling, set forth their evidentiary basis. Any This filing is accessible on-line at and skiing trail pursuant to license filing made by an intervenor must be http://www.ferc.gov, using the article 422. The road and trail would accompanied by proof of service on all ‘‘eLibrary’’ link and is available for originate off South Tongass Highway, persons listed in the service list review in the Commission’s Public run approximately adjacent to Whitman prepared by the Commission in this Reference Room in Washington, DC.
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There is an ‘‘eSubscription’’ link on the of the protest or intervention to the to filings initiating a new proceeding, Web site that enables subscribers to Federal Energy Regulatory Commission, interventions or protests submitted on receive email notification when a 888 First Street NE., Washington, DC or before the comment deadline need document is added to a subscribed 20426. not be served on persons other than the docket(s). For assistance with any FERC This filing is accessible on-line at Applicant. Online service, please email http://www.ferc.gov, using the The Commission encourages [email protected], or call ‘‘eLibrary’’ link and is available for electronic submission of protests and (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public interventions in lieu of paper, using the (202) 502–8659. Reference Room in Washington, DC. FERC Online links at http:// Comment Date: 5 p.m. Eastern Time There is an ‘‘eSubscription’’ link on the www.ferc.gov. To facilitate electronic on July 16, 2012. Web site that enables subscribers to service, persons with Internet access Dated: June 19, 2012. receive email notification when a who will eFile a document and/or be Kimberly D. Bose, document is added to a subscribed listed as a contact for an intervenor docket(s). For assistance with any FERC must create and validate an Secretary. Online service, please email eRegistration account using the [FR Doc. 2012–15485 Filed 6–25–12; 8:45 am] [email protected], or call eRegistration link. Select the eFiling BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call link to log on and submit the (202) 502–8659. intervention or protests. Comment Date: 5 p.m. Eastern Time Persons unable to file electronically DEPARTMENT OF ENERGY on July 9, 2012. should submit an original and 14 copies Federal Energy Regulatory Dated: June 18, 2012. of the intervention or protest to the Commission Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC Secretary. [Docket No. EL12–73–000] 20426. [FR Doc. 2012–15484 Filed 6–25–12; 8:45 am] The filings in the above proceedings California Independent System BILLING CODE 6717–01–P are accessible in the Commission’s Operator Corporation; Notice of eLibrary system by clicking on the Petition for Declaratory Order appropriate link in the above list. They DEPARTMENT OF ENERGY Take notice that on June 8, 2012, are also available for review in the pursuant to Rule 207 of the Federal Federal Energy Regulatory Commission’s Public Reference Room in Energy Regulatory Commission’s Commission Washington, DC. There is an (Commission) Rules of Practice and eSubscription link on the Web site that Procedure, 18 CFR 385.207, the [Docket No. EL12–75–000] enables subscribers to receive email California Independent System Operator notification when a document is added Pepco Holdings, Inc.; Notice of Petition to a subscribed docket(s). For assistance Corporation (CAISO) submitted a for Limited Waiver Petition for Declaratory Order with any FERC Online service, please requesting that the Commission confirm Take notice that on June 15, 2012, email [email protected]. or that CAISO’s settlement of day-ahead pursuant to Rule 207(a)(5) of the Rules call (866) 208–3676 (toll free). For TTY, bid cost recovery from April 1, 2009 of Practice and Procedure of the Federal call (202) 502–8659. through March 25, 2011 was Energy Regulatory Commission Comment Date: 5 p.m. Eastern Time inconsistent with the provisions of the (Commission), Pepco Holdings, Inc. on Friday, July 6, 2012. CAISO Tariff and that it is appropriate (PHI) filed a petition for limited waiver Dated: June 19, 2012. for CAISO to resettle day-ahead bid cost concerning the Commission’s affiliate Kimberly D. Bose, recovery payments during that period. transaction pricing rules, established by Secretary. Any person desiring to intervene or to Order Nos. 707 and 707–A, for sales of [FR Doc. 2012–15486 Filed 6–25–12; 8:45 am] protest this filing must file in non-power goods and services. PHI BILLING CODE 6717–01–P accordance with Rules 211 and 214 of requests waivers of 18 CFR 35.44(b) so the Commission’s Rules of Practice and that it may use ‘‘at cost’’ pricing for a Procedure (18 CFR 385.211, 385.214). limited set of transitions, as more fully DEPARTMENT OF ENERGY Protests will be considered by the described in the filing. Commission in determining the Any person desiring to intervene or to Federal Energy Regulatory appropriate action to be taken, but will protest in any of the above proceedings Commission not serve to make protestants parties to must file in accordance with Rules 211 the proceeding. Any person wishing to and 214 of the Commission’s Rules of [Project No. 14380–000] become a party must file a notice of Practice and Procedure (18 CFR 385.211 Grand Coulee Project Hydroelectric intervention or motion to intervene, as and 385.214) on or before 5 p.m. Eastern Authority; Notice of Preliminary Permit appropriate. Such notices, motions, or time on the specified comment date. It Application Accepted for Filing and protests must be filed on or before the is not necessary to separately intervene Soliciting Comments, Motions To comment date. On or before the again in a subdocket related to a Intervene, and Competing Applications comment date, it is not necessary to compliance filing if you have previously serve motions to intervene or protests intervened in the same docket. Protests On April 4, 2012, Grand Coulee on persons other than the Applicant. will be considered by the Commission Project Hydroelectric Authority filed an The Commission encourages in determining the appropriate action to application for a preliminary permit, electronic submission of protests and be taken, but will not serve to make pursuant to section 4(f) of the Federal interventions in lieu of paper using the protestants parties to the proceeding. Power Act (FPA), proposing to study the ‘‘eFiling’’ link at http://www.ferc.gov. Anyone filing a motion to intervene or feasibility of the Pinto Dam Persons unable to file electronically protest must serve a copy of that Hydroelectric Project (Pinto Dam Project should submit an original and 14 copies document on the Applicant. In reference or project) to be located at the U.S.
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Bureau of Reclamation’s Pinto dam, on D. Bose, Secretary, Federal Energy instructions on the Commission’s Web Billy Clapp Lake near the city of Moses Regulatory Commission, 888 First Street site http://www.ferc.gov/docs-filing/ Lake in Grant County, Washington. The NE., Washington, DC 20426. efiling.asp. Commenters can submit sole purpose of a preliminary permit, if More information about this project, brief comments up to 6,000 characters, issued, is to grant the permit holder including a copy of the application, can without prior registration, using the priority to file a license application be viewed or printed on the ‘‘eLibrary’’ eComment system at http:// during the permit term. A preliminary link of Commission’s Web site at http:// www.ferc.gov/docs-filing/ permit does not authorize the permit www.ferc.gov/docs-filing/elibrary.asp. ecomment.asp. You must include your holder to perform any land-disturbing Enter the docket number (P–14380) in name and contact information at the end activities or otherwise enter upon lands the docket number field to access the of your comments. For assistance, or waters owned by others without the document. For assistance, contact FERC please contact FERC Online Support. owners’ express permission. Online Support. Although the Commission strongly The proposed project would use the Dated: June 19, 2012. encourages electronic filing, documents existing Pinto dam, and would consist Kimberly D. Bose, may also be paper-filed. To paper-file, of the following new facilities: (1) A 72- mail an original and seven copies to: Secretary. inch-diameter penstock connecting the Kimberly D. Bose, Secretary, Federal existing Pinto dam outlet tunnel to a [FR Doc. 2012–15482 Filed 6–25–12; 8:45 am] Energy Regulatory Commission, 888 powerhouse located immediately BILLING CODE 6717–01–P First Street NE., Washington, DC 20426. downstream of the dam; (2) a More information about this project, powerhouse containing a 3.4-megawatt including a copy of the application, can DEPARTMENT OF ENERGY Francis turbine/generator unit; (3) a be viewed or printed on the ‘‘eLibrary’’ tailrace discharging flows into the link of the Commission’s Web site at existing feed route between Billy Clapp Federal Energy Regulatory Commission http://www.ferc.gov/docs-filing/ Lake and Brook Lake; (4) a 7,000-foot- elibrary.asp. Enter the docket number long, 34.5-kilovolt (kV) transmission [Project No. 13860–001] (P–13860–001) in the docket number line extending from the project to a field to access the document. For 34.5-kV transmission line owned by the Jones Canyon Hydro, LLC; Notice of assistance, contact FERC Online Public Utility District No. 1 of Grant Application for Amendment of Support. County, Washington; and (5) Preliminary Permit Accepted for Filing appurtenant facilities. The estimated and Soliciting Comments, Motions To Dated: June 19, 2012. annual generation of the Pinto Dam Intervene, and Protests Kimberly D. Bose, Project would be 8.1 gigawatt-hours. Secretary. Applicant Contact: Mr. Ronald K. On May 29, 2012, Jones Canyon [FR Doc. 2012–15483 Filed 6–25–12; 8:45 am] Hydro, LLC filed an amendment to their Rodewald, Secretary-Manager, Grand BILLING CODE 6717–01–P Coulee Project Hydroelectric Authority, preliminary permit issued March 28, P.O. Box 209, Ephrata, Washington 2011 for the Jones Canyon Pumped Storage Project. The proposed project 98823; phone: (509) 754–2227. ENVIRONMENTAL PROTECTION would be a closed-loop pumped storage FERC Contact: Jennifer Harper; AGENCY phone: (202) 502–6136. project located near Grass Valley, in Deadline for filing comments, motions Sherman County, Oregon. [EPA–HQ–OAR–2012–0452; FRL–9680–6] to intervene, competing applications The applicant proposes to make the (without notices of intent), or notices of following changes to their issued EPA Activities To Promote intent to file competing applications: 60 permit: (1) Expand the project boundary Environmental Justice in the Permit days from the issuance of this notice. to include a second canyon north of the Application Process Competing applications and notices of project; (2) change the location of the AGENCY: Environmental Protection intent must meet the requirements of 18 proposed lower reservoir dam to north Agency (EPA). CFR 4.36. Comments, motions to of the current location and include an ACTION: Notice of Availability of intervene, notices of intent, and additional canyon; (3) expand the lower Proposed Regional Actions to Promote competing applications may be filed reservoir from 68 surface acres to 98 Public Participation in the Permitting electronically via the Internet. See 18 surface acres at an elevation of 1,150 Process and Draft Best Practices for CFR 385.2001(a)(1)(iii) and the feet above mean sea level; (4) change the Permit Applicants Seeking EPA-Issued instructions on the Commission’s Web total installed capacity of the project Permits; Request for Comments. site http://www.ferc.gov/docs-filing/ from 400 megawatts (MW) to 500 MW; efiling.asp. Commenters can submit (5) change the length of the transmission SUMMARY: As part of its ongoing efforts brief comments up to 6,000 characters, line from 0.34 miles to 4.5 miles; (6) under Plan EJ 2014 to integrate without prior registration, using the lengthen the conduit between the environmental justice into all of its eComment system at http:// proposed reservoirs from 6,225 feet to programs, the Environmental Protection www.ferc.gov/docs-filing/ 7,330 feet; and (7) change the name of Agency (EPA) is soliciting public ecomment.asp. You must include your the project from ‘‘Jones Canyon Pumped comment on ways that EPA and permit name and contact information at the end Storage Project’’ to ‘‘Oregon Winds applicants can meaningfully engage of your comments. For assistance, Pumped Storage’’. communities in the permitting process. please contact FERC Online Support at FERC Contact: Jennifer Harper, 202– This notice describes and seeks [email protected] or toll 502–6136. comment on actions that EPA regional free at 1–866–208–3676, or for TTY, Deadline for filing comments or offices can take when issuing EPA (202) 502–8659. Although the motions to intervene: 30 days from the permits to promote greater participation Commission strongly encourages issuance of this notice. Comments and in the permitting process by electronic filing, documents may also be motions to intervene may be filed communities that have historically been paper-filed. To paper-file, mail an electronically via the Internet. See 18 underrepresented in that process. This original and seven copies to: Kimberly CFR 385.2001(a)(1)(iii) and the notice also announces the availability of
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draft best practices for permit applicants in Action Blog to encourage different Enhance the ability of overburdened seeking EPA-issued permits (located in public stakeholders to dialogue over the communities to participate fully and the appendix to this notice). The best ideas set forth in this Federal Register meaningfully in the permitting process practices are designed to encourage and Notice. The Environmental Justice in for EPA-issued permits; and (2) take assist permit applicants to reach out to Action Blog does not replace the steps to meaningfully address neighboring communities when conventional public comment process environmental justice issues in the applying for permits that may affect the described above. Rather, EPA hopes that permitting process for EPA-issued community’s quality of life, including the Environmental Justice in Action permits to the greatest extent their health and environment. Blog provides an informal public forum practicable. DATES: Written comments must be for stakeholders to exchange idea and Plan EJ 2014 directs EPA to make received on or before August 27, 2012. share views, which may help shape achieving environmental justice part of its mission, and to be a leader among ADDRESSES: Submit your comments, comments submitted to EPA through federal departments and agencies in identified by Docket ID No. EPA–HQ– Regulations.gov. As this public addressing the impacts of federal OAR–2012–0452 by one of the following participation initiative illustrates, EPA activities on overburdened methods: believes that early and frequent dialogue communities. EPA believes that • www.regulations.gov: Follow the among people with different points of environmental permitting presents on-line instructions for submitting view can lead to more thoughtful opportunities to address environmental comments. outcomes. justice, and that the Agency has the • Mail: ‘‘Plan EJ 2014: Considering EJ SUPPLEMENTARY INFORMATION: responsibility to lead by example to in EPA’s Permitting Process’’ Docket, address environmental justice in Environmental Protection Agency, EPA Table of Contents permits issued by EPA. Therefore, the Docket Center, Mailcode 28221T, 1200 I. General Information actions described in this notice focus on Pennsylvania Ave. NW., Washington, II. Actions That EPA Regional Offices Can Take To Promote Meaningful EPA-issued permits. Although EPA DC 20460. issues few environmental permits • Hand Delivery: ‘‘Plan EJ 2014: Engagement in the Permitting Process by Overburdened Communities compared to state, local and tribal Considering EJ in EPA’s Permitting governments that implement federal Process’’ Docket, EPA/DC, EPA West, III. Draft Best Practices for Permit Applicants Seeking EPA-Issued Permits: Ways To environmental laws as approved or Room 3334, 1301 Constitution Ave. Engage Communities at the Fence-Line delegated by EPA, EPA intends to share NW., Washington, DC 20460. Such IV. Conclusion its experiences and ideas with these deliveries are accepted only during the I. General Information governments as well as with other Docket’s normal hours of operation, and federal agencies, with the goal of special arrangement should be made for Expanding the conversation on promoting similar efforts. deliveries of boxed information. environmentalism and working for In this notice, EPA focuses on EPA’s policy is that all comments environmental justice are top priorities enhancing the opportunity and ability of received will be included in the public of the Environmental Protection Agency overburdened communities to docket without change and may be (EPA). In 2011, EPA published Plan EJ participate in the permitting process. available online at http://www. 2014, the Agency’s overarching strategy Overburdened communities are regulations.gov, including any personal for advancing environmental justice. communities that potentially experience information provided, unless the The Plan has three objectives: disproportionate environmental harms comment includes information claimed 1. Protect health and the environment and risk as a result of cumulative to be Confidential Business Information in overburdened communities; impacts or greater vulnerability to (CBI) or other information of which 2. Empower communities to take environmental hazards. EPA believes disclosure is restricted by statute. Do action to improve their health and that the participation of overburdened not submit information that you environment; and communities in the permitting process consider to be CBI or otherwise 3. Establish partnerships with local, is an essential step toward the ultimate protected through http://www. state, tribal, and federal governments goal of achieving permits that regulations.gov or email. The http:// and organizations to achieve healthy meaningfully address environmental www.regulations.gov Web site is an and sustainable communities. justice issues. Following the National ‘‘anonymous access’’ system, which The year 2014 marks the 20th Environmental Justice Advisory Council means EPA will not know your identity anniversary of the signing of Executive (NEJAC) recommendation to encourage or contact information unless you Order 12898 on environmental justice, more public participation in the provide it in the body of your comment. which directs each federal agency to permitting decision-making process, If EPA cannot read your comment due ‘‘make achieving environmental justice EPA has identified actions that EPA and to technical difficulties and cannot part of its mission by identifying and permit applicants, both for new and contact you for clarification, EPA may addressing, as appropriate, renewed permits, can take to reduce not be able to consider your comment. disproportionately high and adverse barriers to participation in the Electronic files should avoid the use of human health or environmental effects permitting process. In overburdened special characters, avoid any form of of its programs, policies, and activities.’’ communities, these barriers can include encryption, and be free of any defects or Plan EJ 2014 is EPA’s roadmap for lack of trust, lack of awareness or viruses. For additional information integrating environmental justice into information, language barriers, and about EPA’s public docket, visit the EPA its programs, policies and activities. limited access to technical and legal Docket Center homepage at http://www. One focus area of the Plan is resources. In EPA’s view, more epa.gov/cpallomc/dockets.htm. EPA ‘‘Considering Environmental Justice in transparency and dialogue can lead to also encourages the public to review Permitting.’’ Environmental permits better permit outcomes for the and participate in the Environmental play a key role in providing effective community as well as permit applicants. Justice in Action Blog which can be protection of public health and the Thus, EPA believes it is especially found at https://blog.epa.gov/ej. EPA environment in communities. Thus, important to make special efforts to intends to use the Environmental Justice Plan EJ 2014 calls upon EPA to: (1) provide enhanced public participation
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opportunities to overburdened presents best practices that permit describes the general expectations for communities, particularly minority, applicants can use to initiate and the regional plans and presents the low-income, and indigenous sustain a dialogue with the communities framework and specific activities communities. EPA also realizes that at their fence-line when the companies intended to enhance public enhanced public engagement is only seek environmental permits that may be participation. one aspect of attention to environmental affected by the permitting action. EPA’s expectation is that each justice in the context of permitting. EPA recognizes that some states have regional office will use the agency-wide Both EPA regional offices and permit made significant progress in guidelines to develop a regional applicants can—and in some cases meaningfully involving overburdened implementation plan that is appropriate already do—bring overburdened communities in the permitting process. for the particular circumstances within communities into the permitting process While the focus of today’s notice is on that region. The agency-wide guidelines through special outreach efforts. EPA EPA-issued permits, EPA believes that in this notice are designed to promote believes that permit applicants have states with experience in this area can consistency among regional offices and unique opportunities in this area. Many provide valuable information that will provide EPA’s expectation for a basic companies are already active, strengthen EPA’s efforts. Therefore, EPA regional plan. At the same time, EPA contributing members of the invites states to share their ideas for recognizes that each permit and community. In addition to their ensuring the meaningful involvement of community is different and that each important role as a source of overburdened communities in the EPA regional office has the insight and employment and economic stability permitting process and encouraging experience to develop strategies tailored within a community, permit applicants dialogue between permit applicants and to the particular communities and needs play other roles. Many facilities communities. within that region. Therefore, EPA applying for permits, for example, have The ideas in this notice are meant to couples these agency-wide guidelines robust community engagement complement all of the other tools and with the expectation that EPA regional strategies that recognize the value of resources developed under Plan EJ 2014 offices have the flexibility in developing community outreach. Pursuant to these and other EPA initiatives to aid their implementation plans to take strategies, facilities engage actively with communities and EPA permitting actions suited to the concerns of the community through environmental authorities in incorporating impacts on overburdened communities initiatives, neighborhood beautification environmental justice into the typically raised within their regions. projects, education programs and permitting process. The tools and This notice does not address any charitable giving, civic programs and resources include the EJ Legal Tools, obligations imposed by the Civil Rights the arts, youth activities, and other which addresses EPA’s legal authority Act of 1964 or under EPA regulations at investments in the community. These to consider environmental justice, EPA’s 40 CFR part 7. Please refer to EPA’s existing ties between permit applicants effort to develop a nationally consistent Guidance to Environmental Protection and the broader communities where screening tool for environmental justice, Agency Financial Recipients Regarding they are located provide a foundation and EPA’s efforts to meaningfully Title VI Prohibition Against National for permit applicants to reach out to engage local communities and Origin Discrimination Affecting Limited their immediate neighbors along the stakeholders in government decisions English Proficient Persons and Title VI facility’s fence-line—ideally, to discuss on land cleanup, emergency Public Involvement Guidance for EPA health or environmental issues preparedness and responses and the Assistance Recipients Administering associated with their plans for new or management of hazardous substances Environmental Permitting Programs. increased pollutant releases. and wastes through the Community This notice does not address Executive EPA has compiled the draft list of Engagement Network, and EPA’s Order 13175 or EPA’s Policy on activities and best practices presented in collaboration with other federal Consultation and Coordination with this notice from many sources. EPA agencies to improve our community- Tribes. It is important to note the surveyed its regional offices, where EPA based actions and assistance and to difference between the meaningful permitting activity predominantly strengthen the use of interagency legal involvement of tribal communities as it occurs, to determine what steps are tools, such as the National is used in the EJ context and currently or could be taken to Environmental Policy Act and Title VI consultation with tribes. The Agency’s meaningfully involve overburdened of the Civil Rights Act. These resources responsibilities under E.O. 13175 are communities in the permitting process. supplement information disseminated separate from the responsibilities under Additionally, EPA conducted numerous by EPA regional offices about their E.O. 12898 and stem from federally listening sessions, conference calls and permit processes and particular permits. recognized tribes’ status as sovereign meetings with a variety of stakeholders, II. Actions That EPA Regional Offices governments. including environmental justice The activities described in this notice Can Take To Promote Meaningful stakeholders, members of the business go beyond the standard notice-and- Engagement in the Permitting Process community, state, local and tribal comment procedures required by law. by Overburdened Communities governments and communities, non- EPA believes, however, that enhanced governmental organizations, and the As noted above, EPA has identified a outreach can help to remove some of the NEJAC, to gather more input on how to number of activities and approaches barriers that can discourage enhance participation of overburdened that can be used to promote greater overburdened communities from communities in EPA’s process of issuing public involvement of overburdened participating in permit processes that environmental permits. One set of ideas, communities in its permitting processes, affect them and are appropriate in some presented in Section II below, focuses particularly for major permitting actions circumstances. on activities that EPA, as the permitting that may significantly impact them. authority, can undertake to make it Each EPA regional office will put in A. Agency-Wide Guidelines for EPA easier for communities to engage place a regional implementation plan to Regional Offices meaningfully and effectively in the address meaningful engagement of The guidelines presented here permitting process. The second set of overburdened communities in their provide a framework for the regional ideas, described in Section III below, permitting activities. This notice offices to identify possible actions they
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can take to promote the meaningful 122.2) under the Clean Water Act permits, focus on permits that the engagement of overburdened that are identified by EPA on a community has identified as a priority, communities for priority permits. national or regional basis as a focus to the extent such information is Specifically, the guidelines for EPA area, for: available. regional offices are designed to: (1) Help Æ New sources or new dischargers, or Æ Locate existing data and studies regional offices identify which permits Æ Existing sources with major that are relevant to the particular to prioritize for greater public modifications, including, but not community. involvement for overburdened limited to, a new outfall, a new or Æ Explore ways to reach out to the communities; and (2) suggest activities changed process that results in the affected community in coordination the regional offices can undertake to discharge of new pollutants, or an with relevant EPA staff, including promote greater public involvement in increase in production that results permit writers, EJ coordinators, public their permitting process. in an increased discharge of affairs staff, the press office, and EPA’s pollutants; and Conflict Prevention & Resolution Center. 1. Priority Permits for Enhanced Public • RCRA permits associated with new Æ Evaluate the appropriate length of Involvement Opportunities combustion facilities or the public comment period. Although any permit action may be an modifications to existing RCRA Æ Consider holding information opportunity to enhance the engagement permits that address new treatment meetings for the public in addition to of a community, EPA believes that it is processes or corrective action formal public comment sessions. particularly important to provide cleanups involving potential off-site Coordinating within EPA: meaningful engagement opportunities in impacts. Æ For applicants with multiple EPA permitting actions that may have In addition, EPA will consider permits, inform EPA permit writers significant public health or prioritizing for enhanced public from other offices in the region that your environmental impacts, such as a new involvement activities both permit office has received a permit application operation or a modification of an applications and renewals for which a from the applicant. existing operation, which may affect community has raised plausible Communicating with the Community: overburdened communities. Significant environmental justice concerns, and Æ Designate EPA point(s) of contact public outreach and engagement require permit applications and renewals where that the community can contact to significant resources. EPA recognizes its EPA has other information indicating discuss environmental justice concerns regional offices’ limited ability to environmental justice concerns related or questions of a technical nature about enhance engagement for every EPA- to the permit. the permit application. issued permit as well as the limited In further recognition of EPA’s Æ Explain the permitting process by ability of overburdened communities to regional offices’ limited ability for making informational fact sheets engage on every permit potentially enhanced public engagement, a regional available. impacting them. For this reason, EPA office may not prioritize every EPA- Æ Use plain language when will consider prioritizing enhanced issued permit with significant public communicating with the public. public involvement opportunities for health or environmental impacts on Æ Use communication techniques the those EPA-issued permits with already overburdened communities. community values, such as direct significant public health or Additionally, there may be mailings, posters, articles in local environmental impacts on already circumstances under which a regional newspapers, and emails to list serves. overburdened communities, determined office finds enhanced public outreach Æ Offer translation services for by regional offices’ use of a screening appropriate irrespective of whether the communities with multi-lingual tool or other methodology. Examples of permitting action has a significant populations (including interpreters at permits that may have significant public public health or environmental impacts public meetings or translations of public health or environmental impacts on already overburdened communities. documents). include, but are not limited to, the Æ Make key documents on the following: 2. Regional Offices’ Activities To proposed project readily accessible to • Promote Greater Public Involvement in the community, using a variety of media Construction permits under the Clean the Permitting Process Air Act, especially new major tools (paper copies, online, etc.), when sources (or major modifications of Presented below is a proposed list of appropriate. Æ sources) of criteria pollutants; activities that EPA regional offices could Hold public meetings at times and • Significant Underground Injection undertake at key junctures in the places in the community best designed Control Program permits under the permitting process to promote greater to afford the public a meaningful chance Safe Drinking Water Act; involvement of overburdened to attend. • ‘‘Major’’ industrial National Pollutant communities. The list of proposed Æ After the permit has been issued, Discharge Elimination System activities is intended to identify priority make available to the community a (NPDES) permits (as defined in 40 areas of activity and to provide options summary of EPA’s comment responses CFR 122.2) under the Clean Water for proposed activities in the and provide information on where the Act that are for: development of regional community can find the entire comment Æ New sources or new dischargers, or implementation plans. Regional offices, response document. Æ Existing sources with major therefore, may choose not to implement Communicating with the Permit modifications, including, but not all of the proposed activities listed Applicant: limited to, a new outfall, a new or below. Similarly, the list of activities is Æ Encourage the permit applicant to changed process that results in the not meant to be comprehensive or provide EPA with a plain-language discharge of new pollutants, or an exhaustive. Different situations will description of its proposed project or increase in production that results justify different responses. permit application. in an increased discharge of Planning & Gathering Information: Æ Encourage the permit applicant to pollutants; Æ Identify upcoming priority permits consult EPA guidance on environmental • ‘‘Non-Major’’ industrial NPDES for promoting greater public justice and other resources developed permits (as defined in 40 CFR involvement. When identifying priority under Plan EJ 2014, including the (when
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finalized) Draft Best Practices for Permit C. Solicitation of Comments community early in the permitting Applicants Seeking EPA-Issued Permits: EPA welcomes all comments on the process promotes reasonable Ways to Engage Communities at the proposed actions that Regional offices expectations among the public and, Fence-Line. (See appendix.) can take to promote the meaningful therefore, more predictable outcomes for engagement of overburdened the permit applicant. EPA also learned B. EPA’s Expectations for Regional that permit applicants that invest in Implementation Plans communities in the permitting process, but is particularly interested in outreach may avoid the costs of delay, negative publicity among peers and EPA expects each regional office to comments addressing the following investors, and community distrust develop, implement and make questions: resulting from a community objecting to publically available a regional • Has EPA identified the appropriate a permit late in the permitting process. implementation plan consistent with agency-wide guidelines to inform the EPA believes that a facility that the agency-wide guidelines presented in development of regional this notice in order to support the believes in environmental stewardship implementation plans? What other in all its dimensions and that acts meaningful engagement of guidelines should EPA consider that overburdened communities in the consistently with that belief, including provide both agency-wide consistency accountability to the neighboring permitting process for priority permits. and regional flexibility in promoting the EPA believes that regional offices will community, may achieve more meaningful engagement of environmental good than any permit be better able to provide opportunities overburdened communities in the for enhanced public participation when can compel. Reducing treatment permitting process? failures, spills or other incidents they have planned and allocated • What criteria should regional resources for outreach in advance becomes a source of organizational offices use to prioritize permits for pride when the trends—and the through the development of regional enhanced outreach? implementation plans. EPA also • facility’s response and prevention For priority permits, has EPA strategies—are publicized within the believes that making the regional identified the appropriate activities that implementation plans publically community. These practices also make regional offices can take to promote the good business sense because facilities available will increase transparency and greater involvement of overburdened inform communities of EPA regional save energy, devise new technologies, communities in the permitting process? reduce the rate of equipment failures, offices’ efforts to create opportunities for What other activities should EPA overburdened communities to and develop cleaner products, among consider? other things. This ethic of corporate meaningfully engage in the permitting • Based on experiences you have had process. responsibility—more than any permit— in the permitting process, what lessons can improve the environment at the EPA expects the regional have you learned that can be applied to fence-line and far beyond. Engaging implementation plans to address with improve the agency-wide guidelines or meaningfully with the local community more specificity the process that a the regional implementation plans? is another facet of responsible corporate regional office will use to prioritize citizenship that achieves environmental permits for enhanced engagement, III. Draft Best Practices for Permit Applicants Seeking EPA-Issued results. EPA believes that a partnership including the types of permits and with the community can lead to more activities the regional offices plan to Permits: Ways To Engage Communities at the Fence-Line informed permits, resulting in better implement. EPA expects the regional outcomes for the permit applicant as plans to be tailored to the region’s Even though EPA is the permitting well as the community that has a stake specific needs but also to be consistent authority for EPA-issued permits, both in the success of the facility. with the agency-wide guidelines the permit applicant and the potentially In order to maximize the benefits of direction on prioritization of permits for affected community are also key community engagement, and conserve enhanced engagement and priority areas stakeholders in the permit process. the limited resources of both the permit of outreach activities outlined in today’s Therefore, EPA engaged in extensive applicants and the communities for notice. outreach to these stakeholders, and in outreach, EPA has identified what it Consistent with the agency-wide particular the business community, on considers to be effective communication guidelines previously discussed, the how to meaningfully engage fence-line practices and strategies that permit regional implementation plans will communities in the permitting process. applicants can employ to meaningfully include: Business leaders on environmental involve communities in the permitting I. The EPA Regional Office’s process justice issues shared their experiences process. EPA gathered these practices for prioritizing permits for enhanced and insights with EPA. EPA learned that and strategies from numerous engagement if a permit applicant engages a conversations with environmental a. Use of a screening tool or other community early and maintains that justice stakeholders, members of the methodology to identify already conversation, a partnership can form business community, state, local and overburdened communities; that facilitates the exchange of tribal governments and communities, b. Types of permits with significant information and provides the non-governmental organizations, and public health or environmental impacts. foundation for dialogue on issues that the NEJAC. Based on these may arise during the permitting process. conversations, EPA has developed and II. Priority Enhanced Outreach Such engagement may be especially solicits comment on the Draft Best Activities beneficial with communities that have Practices for Permit Applicants Seeking a. Planning and gathering historically been underrepresented in EPA-Issued Permits: Ways to Engage information; the permitting process and that Communities at the Fence-line. (See b. Coordinating within EPA; potentially bear a real or perceived appendix.) c. Communicating with the disproportionate burden of an area’s EPA hopes that these best practices, Community; pollution. EPA learned from its once finalized, will inform businesses d. Communicating with the Permit conversations with business and other participants in the permitting Applicant. stakeholders that dialogue with the process of some effective techniques for
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meaningfully engaging overburdened Dated: June 15, 2012. language barriers, and limited access to communities in the permitting process Janet McCabe, technical and legal resources. While EPA will evaluate a permit for EPA-issued permits. The final Principal Deputy Assistant Administrator, application based solely on the applicable document would supplement existing Office of Air and Radiation. regulations, permit applicants are encouraged guidance and recommendations issued Appendix to employ the suggestions in these best by permitting authorities, including practices. EPA hopes that these best state and local agencies. Best Practices for Permit Applicants Seeking practices—which emerged from EPA’s EPA-Issued Permits: Ways To Engage conversations with a host of community, The draft best practices presented Communities at the Fence-Line here are designed to foster emerging permit applicants and government I. Introduction stakeholders—will help applicants for EPA- leadership among permit applicants issued permits to seize a leadership role in Achieving environmental justice is an operating (or proposing to operate) this important area and, in doing so, integral part of EPA’s mission to protect facilities in overburdened communities. demonstrate publicly that the core values on human health and the environment. One way EPA emphasizes that no permit their Web sites do indeed influence corporate EPA promotes environmental justice is to behavior. applicant will be required to follow ensure that individuals in all parts of society these suggestions. To the contrary, EPA have access to information sufficient to help II. The Purpose of Best Practices will continue to evaluate permit them participate in EPA decision-making. The purpose of these best practices is to EPA decision-making takes many forms. applications solely based on applicable publicize the good neighbor practices already These best practices focus on the permitting regulations. employed by permit applicants across the process, through which EPA authorizes country and to encourage their greater use. EPA welcomes all comments on these industrial and municipal facilities to release Many of these practices are quite simple. The draft best practices for permit pollutants into the environment at levels best practices can help build trust, promote applicants. EPA is particularly intended to meet applicable standards. a better understanding in the community of interested in comments addressing the By soliciting public comment prior to the facility’s environmental impacts, foster issuing environmental permits, EPA plays an following questions: realistic expectations and help build strong • important role in bringing communities and What different or additional other members of the public into the partnerships that will lead to better results activities could permit applicants permitting conversation. But the best time to for all parties. Investing in communities is a employ in the permitting process to achieve positive, collaborative dialogue is cost-effective strategy. EPA encourages meaningfully involve overburdened before the permit is drafted, even before a permit applicants to make each of its permit application is filed. And the key facilities a good neighbor to the communities communities? at their fence-line. EPA hopes that the best • players are not EPA but rather permit Based on experiences you have had applicants and members of the neighboring practices will help companies think of ways in the permitting process, what lessons community. Both sets of individuals have a to engage the communities at their fence- have you learned or successful long-term stake in the health of the lines and, in doing so, become better approaches you have employed that can community and the success of the company neighbors. be used by EPA to improve the best or enterprise. III. Why is EPA Providing Best Practices to practice recommendations for permit Information is critical at this early stage in Permit Applicants? applicants? the permitting process, and the permit applicant has access to the information that Industrial facilities are important members • How can EPA ensure that can create a constructive dialogue throughout of the communities in which they are communities are aware of the the permitting process. The permit applicant located. In addition to their important role as a source of employment and economic opportunity to have a two-way dialogue also has an interest in being a good neighbor to the community on the other side of the stability within a community, facilities play with permit applicants through the other roles. Many facilities, for example, have ideas provided here? facility’s fence. EPA believes that many applicants for EPA-issued permits are robust community engagement strategies that recognize the value of community outreach. IV. Conclusion employing practices to be good neighbors. These best practices are designed to help a Pursuant to these strategies, facilities engage EPA looks forward to considering permit applicant to apply its good neighbor actively with the community through values to the permitting process, with an environmental initiatives, neighborhood suggestions and comments received in beautification projects, education programs response to this notice. EPA hopes the emphasis on ways to reach out effectively to the community at the fence-line. and charitable giving, civic programs and the creation of agency-wide guidelines and EPA encourages all permit applicants to arts, youth activities, and other investments the development of regional experiment with these practices; all in the community. Indeed, many companies implementation plans, as well as the neighborhoods and communities will benefit and public authorities embody these presentation of best practices for permit when a facility reaches out as part of its principles in their mission statements, using applicants, will increase the meaningful environmental permitting process. This words and phrases like collaboration, participation of overburdened document emphasizes communities at the respect, and building mutually beneficial communities in the permitting process fence-line because, for the vast majority of relationships. Some even aspire to measure their own success by the success of their for EPA-issued permits. Although permits, communities most proximate to a facility are likely to be the most impacted by customers, shareholders, employees and meaningful involvement in the a permitting decision. For some permits, communities. In short, a corporate culture is permitting process may not always lead however, the communities most impacted by emerging in this Nation that values and to reduced environmental impacts, EPA a permitting decision may exist beyond the actively promotes community partnerships. believes that every time an EPA permit fence-line. EPA encourages permit applicants EPA recognizes that many permit writer or a permit applicant for such permits to make efforts to engage the applicants already practice community acknowledges a concern that would not communities that are likely to experience outreach. These best practices are meant to have been aired but for enhanced public health or environmental impacts by encourage those leaders to continue their outreach, communities and the permit their permitted activities. These practices efforts. EPA hopes that the best practices will also have particular value in overburdened persuade those who are new to these ideas applicant benefit. EPA further believes neighborhoods that have been historically to experiment with this form of leadership, that every time this enhanced outreach underrepresented in the permitting process and to provide helpful suggestions for those leads to a feasible solution to an issue and may face barriers to participation in the seeking greater direction. Indeed, engaging of interest to the community, all permitting process, such as include lack of with their communities as described here is stakeholders benefit. trust, lack of awareness or information, consistent with many permit applicants’ core
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values. These principles, practices and chooses to employ, the following best people might attend meetings or visit the values lead to corporate sustainability, practices are designed to help both the plant for tours. Before concluding that the stability and—ultimately—profitability. permit applicant and the surrounding community is uninterested in the project, the Early and meaningful dialogue between the communities get a reasonable return on their company may want to explore whether its permit applicant and the community is investment of time, energy and other engagement efforts were sufficiently tailored especially important in overburdened resources. EPA gathered these ideas from for the community. Other factors, such as communities that have historically been permit applicants that have employed them, lack of awareness of the engagement underrepresented in the permitting process but the permit applicant and the affected opportunity or the timing of the opportunity, and that potentially bear a real or believed community are in the best position to may not have afforded the community a disproportionate burden of an area’s determine what engagement strategy is most meaningful chance to attend. If the permit pollution. Meaningful dialogue promotes appropriate for their particular applicant’s efforts to engage the community environmental justice. EPA strongly circumstances. are made in good faith and are sufficiently encourages applicants for EPA-issued tailored for the community, this will go a 1. Think Ahead permits to engage in public outreach to the long way toward building trust. neighboring community whenever the Before deciding whether to undertake 2. Engage Community Leaders facility’s pollutant releases have—or may be special efforts to reach out to the neighboring perceived to have—potential health and community regarding a permit application, a One of the best ways to promote early and environmental impacts on overburdened permit applicant may want to ask itself the meaningful engagement between a permit communities. This approach is consistent following types of questions. The answers to applicant and the surrounding community is with EPA’s objectives under Plan EJ 2014, these questions may help the permit by creating a community environmental which promotes meaningful involvement of applicant decide what kind of community partnership. The key is to assemble the right the affected community in the permitting engagement will make sense under the people to be in partnership. EPA has learned process. circumstances. from stakeholders that the first step in EPA believes these best practices can foster • Would the new permit introduce new or meaningful engagement is the cultivation of a smoother and faster permitting process. additional pollutants to the fence-line a trusting relationship among participating This outcome is in everyone’s interest—EPA, community? individuals; doing so will then foster permit applicants and communities alike. • Is the fence-line community already effective relationships among the interests The permit applicant and EPA have an exposed to pollutants originating from other they represent and will help identify their interest in an efficient permitting process. facilities? common as well as their unique goals. The The permit applicant wants permission to • How will changes at the facility site following best practices can help a company make operational improvements or construct affect the quality of life in the fence-line create a successful community a new facility. The permitting authority community, independent of the pollutants environmental partnership. wants to efficiently issue a permit that released? • Find out who the established community comports with the law and accounts for • Is the proposed pollutant release—or leaders are, both elected and unelected. public comment. The community at the very associated activity—likely to cause concern • On tribal lands, work with the tribal least wants the assurance that, through in the community? government and other contacts to appropriate permit terms and conditions, the • If a risk assessment has been performed identify tribal community leaders to permit applicant accepts responsibility for for the community, what does it say? What commence outreach and assistance to appropriately controlling its pollutant does the community think it says? tribal communities. • releases and keeps the community informed • What direction do the permit applicant’s Identify people who collectively of its control successes (and failures). These published core values offer? understand the needs (and aspirations) interests, while different, do not conflict. Some laws, such as the Resource of local stakeholders (permit applicant, Conversations between the permit applicant Conservation and Recovery Act, require community, environmental groups, and the community before the permit permit applicants to reach out to the academic, etc.) • application is filed can help launch the neighboring community before applying for a Recruit stakeholder representatives who permit process in a way that achieves all of permit. In most cases, however, the decision have strong interpersonal skills and are these interests, with minimum conflict and on whether to engage in pre-application willing to: Æ delay. This could result in a more outreach is committed to the permit Seek common interests; applicant’s good judgment. (See Section V Æ Cultivate a trusting relationship expeditious permitting process. • Engagement early can also yield a less below for a discussion of the benefits to Engage with diverse leadership so that contentious permitting process. It seems permit applicants when they engage the many views can be brought into the axiomatic that no community welcomes one community as part of permit applications.) dialogue. Successful partnerships have a But whatever way a permit applicant chooses variety of local perspectives, including: more source of pollution, especially when Æ to engage the neighboring community, its Grassroots organizations and leaders the community already feels aggrieved by Æ outreach activities should be proportional to Faith community leaders past siting decisions. When the new project Æ accelerates a transition to cleaner energy or the actual or perceived impact the facility’s Tribal government and community proposed permitting action would have upon representatives achieves another important environmental Æ the community. In other words, permitting Academic institutions objective with benefits beyond the local Æ actions that may have a significant impact on State, county or local governments community, interests may seem to collide. Æ the community may justify more extensive Environmental groups Early meaningful dialogue can help sort out Æ outreach than permits likely to have fewer Health organizations the interests, encourage a permit applicant to Æ accept responsibility for its impacts, and impacts. Engaging the community early in Permittees, including, ideally, the perhaps find low-cost ways valuable to the the permitting process can help a permit facilities in the neighborhood that engage community by which the permit applicant applicant gauge the level of outreach in activities that generate pollution. can voluntarily mitigate environmental appropriate to the community’s concerns. Text Box 1: Community Advisory Councils, burdens. A community is less likely to hold A public participation plan can be a useful such as The Deer Park Community Advisory a new project responsible for past unrelated tool for permit applicants engaged in Council (DPCAC, http:// actions if the permit applicant accepts outreach on permit actions. A public www.deerparkcac.org/) provide a ‘‘forum for responsibility for its own actions and is participation plan is one way to organize all an open and frank mutual exchange of ideas willing to help make community life better. of the permit applicant’s outreach activities between representatives of the local and to communicate those activities to the community and industry.’’ These groups IV. How Can a Permit Applicant Enhance its community. engage in frequent dialogue to help build Outreach to a Fence-Line Community? EPA also recognizes that a permit understanding between industry and There are many ways that a facility can applicant, despite its planning and community. enhance its outreach to a community. execution, might not elicit community • Foster sustained involvement by the Whatever degree of outreach a facility interest in its project. For example, few participants; relationships are created
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between individuals, not the positions community. Community leaders can also technical data in every-day terms. they hold. help to create more effective opportunities to • Build in mechanisms for meeting attendees receive information from the public to ask questions, express concerns and 3. Engage Effectively (individual/small/large/public/private propose solutions. As is the case with any relationship, meetings, anonymous hotlines, solicitation of • During the meeting, talk about participants’ predictable and ongoing interactions are key written comments). Every community is concerns and questions (rather than to a strong partnership between a permit different, so permit applicants that listen to simply ‘‘taking note’’ of them). applicant and community. A permit their community’s advice and involve them • Recognize that community members may applicant engaging a community early in the in their outreach efforts have a greater chance be concerned about a variety of things, permitting process, or even before the formal of a successful outcome. within and outside the permit permitting process begins through pre- A key component of effective applicant’s control, including matters application meetings, can lay the foundation communication is creating an environment that do not relate to the permit under for a positive relationship with a community. for all stakeholders to meaningfully discussion (e.g., truck routes, delivery In addition to early engagement, holding participate in a dialogue. Good ideas, times, etc.) regularly scheduled meetings throughout the including ideas that are good for the Æ Careful listening and an effort to permitting process can build on that earlier permitted enterprise or business, can come understand the underlying interests outreach, further fostering the relationship from many sources. By meaningfully behind related and seemingly unrelated between the community and permit engaging with the community potentially complaints might yield a solution that applicant. affected by an environmental permit, a addresses the community’s true concerns The following best practices can help the permit applicant may acquire a better sense at a reasonable (or even minimal) cost to permit applicant engage effectively with the of a community’s true concerns and ways a the facility. community. permit applicant could help alleviate them. • Consider using a neutral facilitator to assist • If a public participation plan describing Transparency and disclosure of information in designing an effective public outreach activities was developed, make that may be of interest to a community, such participation process and conduct it available to the public as a sign of the as performance reports, can build trust meetings to encourage all participants permit applicant’s intention to engage conducive to meaningful dialogue. (permit applicant and community like) meaningfully with the community. Text Box 2: Alternative Dispute Resolution to listen effectively, focus on interests • Invite community members and leaders to The success of pre-application meetings rather than initial positions, and to comment on community outreach plans will vary widely depending on the proposed identify potential solutions. project, the concerns of the community, and and processes, and give feedback on 5. Follow Up what is working and lessons learned. the ability of the permit applicant and the • Discuss project plans and potential impacts community to agree upon potential solutions. Follow-up can be crucial in building a as early in the planning process as Sometimes, conversations between a strong partnership with a community. The possible, even if the permit applicant can community and a permit applicant have the repeated interaction that follow-up provides speak only in general terms. potential to be contentious. As such, EPA can create a predictable pattern of Æ If the permit applicant is unsure about recommends the use of a professional, engagement that is conducive to building potential impacts, it is better to trained, neutral facilitator to aid in creating trust. When a permit applicant delivers on acknowledge this fact; denying the and implementing their outreach strategy. commitments made during meetings (e.g., to existence of potential impacts can EPA and The U.S. Institute for provide additional information) a permit undermine credibility and trust. Environmental Conflict Resolution have applicant demonstrates responsibility, Æ Encourage input from the community on designed and initiated The National Roster of integrity and commitment to the process. The their concerns about particular impacts Environmental Dispute Resolution and following best practices can help permit early in the planning stages. Consensus Building Professionals (http:// applicants design follow-up activities with • Provide progress or status reports roster.ecr.gov/Search.aspx), which is a communities. • Invite members of the community and resource to identify neutral third parties and • If the public is invited to comment on community leaders for regular tours of connect them with appropriate projects. plans, discuss the comments with the the facility, especially when the facility EPA recognizes that both permit applicants community after considering them. is planning to change a process that and the communities have limited resources Æ If a comment is not clear, ask for might affect the community. to engage in dialogue. The following best clarification; do not ignore a suggestion • Consider investing time in public practices on fostering two-way due to a lack of understanding. education, e.g., by hosting one or two communication and collaboration between Æ Report back to the community to let day public information sessions with permit applicants and communities, them know how their comments affected posters and kiosks dedicated to specific collected from permit applicants and the permit applicant’s planning or topics, with discussions led by facility communities, may help permit applicants operation. personnel who are both familiar with the communicate more effectively and thus Æ Explain when comments cannot be subject and capable of effective efficiently use their resources. incorporated into the permit applicant’s discussion with the public • Set up a hotline for community members planned actions. (conversational tone, not defensive, non- to report a problem or concern about the • Consider using a good neighborhood technical language, etc.) proposed project. agreement to memorialize agreements • Identify a single person within the facility between permit applicants and 4. Communicate Effectively to be the liaison that community communities. Permit applicants may need help to members can call with concerns or • Make environmental performance records determine the most effective and appropriate problems. available to the community without methods for informing and receiving input • Institute regular meetings among all being asked, especially regarding from the community. Community leaders can stakeholders pollution matters that are important to provide this help. For example they can • Consider organizing citizen advisory the community. identify commonly spoken languages and councils or community environmental • Keep the conversation going even after the any language barriers or Limited English partnerships permit has been issued; maintaining a Proficiency within the fence-line. They can • Select meeting locations and times that are collaborative relationship with the also help identify which media outlets (radio, convenient and comfortable for the community can pay benefits at newspaper, church bulletins), outreach community. Follow advice from unexpected times. methods (knocking door-to-door, using social community leaders to communicate in media, texting, phoning, putting up fliers) ways most effective for the community V. Return on Investment: Benefits of and outreach materials (brochures, fact you are trying to reach. Use language and Outreach to Permit Applicants sheets, postcards, letters) will be most terminology that the community EPA recognizes that a permit applicant effective in communicating with the understands, including providing would need to invest time, energy and money
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in order to reach out to the neighboring community during project development and Text Box 3: Collaborations in Chester, community. For some permit applicants, implementation is just part of the process. Pennsylvania ‘‘business as usual’’ might appear to be the 4. Engaging with the community is an Since the early 1990s, US EPA Region III path of least resistance. But EPA has learned effective risk management strategy. has been working closely with the from conversations with permittees that Thoughtful risk-taking is a characteristic of community and residents of Chester. With permit applicants that engage in effective many successful enterprises. A permit effective collaborations and partnerships, the outreach with fence-line communities can applicant engaged in thoughtful risk-taking City of Chester and its residents have realize a meaningful return on that around a new idea routinely gathers successfully worked with local business and investment. The list below reflects these information and critically examines the idea industry, government, and academia. These conversations. To further illustrate these from many perspectives, identifies the range community-driven partnerships have led to ideas, we present text (in italics) from of possible risks, modifies the idea as increased awareness of environmental justice corporate mission statements, lists of appropriate to minimize the risks, and then within the City of Chester. corporate values, and annual reports linking weighs the benefits against the risks that When citizens first raised their these benefits from effective community remain. The better a permit applicant Environmental Justice concerns to EPA outreach and engagement to overarching anticipates and manages the risks, the more Region III, the regional Office took action by business principles. predictable and successful the outcome. establishing a dialogue with the citizens, 1. The neighborhood has a stake in a Engaging the community early in a permit PADEP, PADOH, and a number of local permit applicant’s success. Community applicant’s decision-making process can be businesses in an effort to bring greater members are not only neighbors, but also an effective way to manage the risks of a new understanding and resources to the issues often employees, customers or investors. As idea. A permit applicant that is truly open to and concerns. EPA Region III, PADEP, and such, healthy and sustainable companies gathering information, dialogue, and PADOH were active in working with the directly promote healthy and sustainable collaboration will find itself with a more community and the other partners to address communities. That alignment of interests can predictable operating or business the issues that had been raised. The 1995 lead to creative solutions that promote the environment, reduced conflict, and, EPA Chester Risk Study not only looked at achievement of mutual economic goals in frequently, an outcome that achieves greater community risk and environmental concerns, more sustainable ways. We are proud of our operational efficiency and community but opened dialogues among the partners, involvement in the communities where we support. Its risk-taking is thoughtful because and led to the formation of a number of operate. It’s our goal not only to support it identifies, analyzes and manages its risks. workgroups. The workgroups then undertook important projects in the communities where Permit applicants that are thoughtful risk- on-the-ground actions to address some of the we operate, but also to partner and build takers recognize that having an engaged and local concerns. PADEP provided an onsite relationships where we live and work. We informed community as an ally promotes inspector for the City of Chester. EPA and always listen to local needs and find ways to reasonable expectations among the public PADEP continued their dialogue on invest that are relevant to our business. and, therefore, more predictable outcomes. Environmental Justice, holding a number of 2. An environment of trust pays dividends We practice humility and intellectual joint meetings on the issues. throughout the permit term. A permit honesty. We consistently seek to understand Covanta Energy applied for permits to applicant not only applies for a permit but and constructively deal with reality in order operate in Chester, and the citizens raised also develops strategies for complying with to create value and achieve personal their concerns to Region III and PADEP. its requirements. Meaningful public improvement. PADEP hosted a series of meetings between engagement during the permitting process 5. A permit applicant that engages the citizens and the company. From these and throughout the permit term can be a meaningfully with a community is more collaborative discussions, the Chester thoughtful component of a permit applicant’s likely to be considered a good neighbor. A residents’ concerns were heard and compliance strategy. Community members permit applicant is more likely to be seen as considered, and an agreement was reached often say they have nowhere to turn when a good neighbor by a community when it that allowed for the citizens and the they worry about their local environment; a makes efforts to engage and build a company to have their needs met. Covanta meaningful dialogue with the permit relationship with the community. Having continues to work proactively with the applicant that addresses their concerns can treated the community as a good neighbor, citizens in a productive and successful build trust. So, a permit applicant that the permit applicant is more likely to be partnership, primarily through a citizen-led experiences a failure of its treatment treated as a good neighbor in return by the community organization called the Chester processes—and, in real time, discloses and community. A community that understands Environmental Partnership, founded and takes action to remedy the problem—may the actual impacts a facility has on the chaired by Reverend Dr. Horace Strand. The maintain its reservoir of trust within the neighborhood and trusts the facility to residents and other community stakeholders, community. We know you have questions; behave responsibly may also be less likely to including Covanta, have worked together in call us. We believe that people work best hold the facility responsible for other a primarily cooperative fashion to effect when there’s a foundation of trust. facilities’ pollution. We are committed to change and environmental improvement in 3. Engaging with the community is an improving our environmental performance: Chester. The Chester Environmental effective cost-containment strategy. Permit we track our progress and report our results Partnership works to bring about applicants that foster meaningful community to the public. environmental improvement and growth by outreach experience ‘‘costs’’ in terms of time, 6. Investors prefer good corporate citizens. bringing all parties to the table—industry, resources energy, and money. But a permit Even if a permit applicant survives a dispute government, non-government organizations, applicant that bypasses outreach incurs costs with a community over a new project and and the citizens—to have face to face as well, especially when these choices lead obtains the necessary environmental permits, dialogue on issues of concern. Covanta has to misunderstandings in the community. investors may well inquire whether that taken an active partnership role in CEP. The Even if the permit is granted, at what cost? costly battle could have been avoided. ongoing dialogue and ground work of the Certainly, the permit applicant incurs the Indeed, some investors might even wonder partnership is a hallmark of these cost of delay, negative publicity among peers whether the permit applicant’s inadequate collaborative efforts and reflects a and investors, and community distrust (even response to the neighboring community’s community-driven model that has produced apart from attorneys’ fees associated with concerns signals a lack of corporate positive results for Chester and its neighbors. litigation). Each of these costs has a monetary responsibility, values-based leadership, or value and each is potentially avoidable with long-term strategic thinking that is important Conclusion an upfront investment. Good business sense in other areas of the business. Leaders in this The best practices are a starting point often dictates a small investment early in area say: It is more important than ever that intended to initiate partnerships between order to avert larger costs later. Corporate we continually earn investor confidence. We communities and permit applicants. EPA leaders tell us that meaningful community will do this by remaining a leader in good believes that a permit applicant that follows outreach is no different. Successful corporate governance and providing clear, the best practices will take an important step companies engage in long-term planning to consistent, and truthful communication on the path to building a fruitful and achieve strategic goals. Working with the about our performance. cooperative relationship with the community
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on environmental issues. EPA also believes ASCII file, avoiding the use of special EPA or the Department of Justice that a permit applicant’s efforts to characters and any form of encryption, determines, based on any comment meaningfully engage an overburdened and may be mailed to the mailing submitted, that consent to this decree community are an important way to promote address above. environmental justice. EPA agrees with the should be withdrawn, the terms of the message that many stakeholders send: FOR FURTHER INFORMATION CONTACT: consent decree will be affirmed. Steven Silverman, Air and Radiation collaborations between permit applicants and II. Additional Information About the surrounding neighborhoods achieve Law Office (2344A), Office of General greater environmental protections, more Counsel, U.S. Environmental Protection Commenting on the Proposed Consent profitable operations, and more sustainable Agency, 1200 Pennsylvania Ave. NW., Decree communities. Washington, DC 20460; telephone: (202) A. How can I get a copy of the proposed [FR Doc. 2012–15605 Filed 6–25–12; 8:45 am] 564–5523; fax number (202) 564–5603; consent decree? BILLING CODE 6560–50–P email address: [email protected]. The official public docket for this SUPPLEMENTARY INFORMATION: action (identified by Docket ID No. ENVIRONMENTAL PROTECTION EPA–HQ–OGC–2012–0474) contains a AGENCY I. Additional Information About the copy of the proposed consent decree. Proposed Consent Decree [FRL–9693–1] The official public docket is available This proposed consent decree would for public viewing at the Office of Proposed Consent Decree potentially resolve lawsuits Environmental Information (OEI) Docket consolidated in the United States in the EPA Docket Center, EPA West, AGENCY: Environmental Protection District Court for the District of Room 3334, 1301 Constitution Ave. Agency (EPA). Columbia that were filed by the NW., Washington, DC. The EPA Docket ACTION: Notice of proposed consent following plaintiffs: American Lung Center Public Reading Room is open decree; request for public comment. Association and National Parks from 8:30 a.m. to 4:30 p.m., Monday Conservation Association (Civil Action SUMMARY: In accordance with section through Friday, excluding legal No. 1:12–cv–00243–RLW), and the State 113(g) of the Clean Air Act, as amended holidays. The telephone number for the of New York, et al. (Civil Action No. (‘‘Act’’), notice is hereby given of a Public Reading Room is (202) 566–1744, 1:12–cv–00531–RLW). Plaintiffs filed proposed consent decree to resolve two and the telephone number for the OEI the lawsuits under the Act alleging that lawsuits filed by various parties and Docket is (202) 566–1752. EPA has violated a nondiscretionary consolidated in the United States duty under the Clean Air Act, 42 U.S.C. An electronic version of the public District Court for the District of 7409(d)(1), to complete a five-year docket is available through Columbia. Plaintiffs filed the lawsuits review of the NAAQS for particulate www.regulations.gov. You may use the under the Act alleging that EPA has matter. Under the terms of the proposed www.regulations.gov to submit or view violated a nondiscretionary duty under consent decree, EPA agrees that no later public comments, access the index the Clean Air Act, to complete a five- than December 14, 2012, EPA shall sign listing of the contents of the official year review of the national ambient air a notice of final rulemaking setting forth public docket, and to access those quality standards (‘‘NAAQS’’) for its final decision pursuant to 42 U.S.C. documents in the public docket that are particulate matter. Under the terms of 7409(d)(1) concerning its review of the available electronically. Once in the the proposed consent decree, EPA NAAQS for particulate matter and system, key in the appropriate docket agrees that no later than December 14, promulgating such revisions to the identification number then select 2012, EPA shall sign a notice of final NAAQS and/or promulgating such new ‘‘search’’. rulemaking setting forth its final NAAQS as may be appropriate in decision concerning its review of the It is important to note that EPA’s accordance with 42 U.S.C. 7408 and NAAQS for particulate matter and policy is that public comments, whether 7409(b); that EPA shall seek expedited promulgating such revisions to the submitted electronically or in paper, publication in the Federal Register of NAAQS and/or promulgating such new will be made available for public the notice of final rulemaking; and shall NAAQS as may be appropriate. viewing online at www.regulations.gov establish the effective date of the final DATES: Written comments on the without change, unless the comment decision such that any final rule shall contains copyrighted material, CBI, or proposed settlement agreement must be become effective, barring intervening other information whose disclosure is received by July 26, 2012. congressional or judicial action, on the restricted by statute. Information ADDRESSES: Submit your comments, earliest date that complies with the claimed as CBI and other information identified by Docket ID number EPA– Congressional Review Act, 5 U.S.C. 801 HQ–OGC–2012–0474, online at et seq. whose disclosure is restricted by statute www.regulations.gov (EPA’s preferred For a period of thirty (30) days is not included in the official public method); by email to following the date of publication of this docket or in the electronic public [email protected]; by mail to EPA notice, the Agency will accept written docket. EPA’s policy is that copyrighted Docket Center, Environmental comments relating to the proposed material, including copyrighted material Protection Agency, Mailcode: 2822T, consent decree from persons who were contained in a public comment, will not 1200 Pennsylvania Ave. NW., not named as parties or intervenors to be placed in EPA’s electronic public Washington, DC 20460–0001; or by the litigation in question. EPA or the docket but will be available only in hand delivery or courier to EPA Docket Department of Justice may withdraw or printed, paper form in the official public Center, EPA West, Room 3334, 1301 withhold consent to the proposed docket. Although not all docket Constitution Ave. NW., Washington, consent decree if the comments disclose materials may be available DC, between 8:30 a.m. and 4:30 p.m. facts or considerations that indicate that electronically, you may still access any Monday through Friday, excluding legal such consent is inappropriate, of the publicly available docket holidays. Comments on a disk or CD– improper, inadequate, or inconsistent materials through the EPA Docket ROM should be formatted in Word or with the requirements of the Act. Unless Center.
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B. How and to whom do I submit ACTION: Notice of public information the United States. The Commission comments? collection approved by the Office of submitted, and OMB approved, a You may submit comments as Management and Budget. collection through which key provided in the ADDRESSES section. communications providers could SUMMARY: The Federal Communications voluntarily provide contact information. Please ensure that your comments are Commission has received the Office of submitted within the specified comment The Commission’s Public Safety and Management and Budget (OMB) Homeland Security Bureau (PSHSB) period. Comments received after the approval for the following public close of the comment period will be updated the Emergency Contact information collection(s) pursuant to the Information system with a Disaster marked ‘‘late.’’ EPA is not required to Paperwork Reduction Act of 1995 (44 consider these late comments. Information Reporting System (DIRS) U.S.C. 3501–3520). An agency may not that uses electronic forms to collect If you submit an electronic comment, conduct or sponsor a collection of EPA recommends that you include your Emergency Contact Information forms information unless it displays a and through which participants may name, mailing address, and an email currently valid OMB control number, address or other contact information in inform the Commission of damage to and no person is required to respond to communications infrastructure and the body of your comment and with any a collection of information unless it disk or CD ROM you submit. This facilities and may request resources for displays a currently valid OMB control restoration. The Commission updated ensures that you can be identified as the number. submitter of the comment and allows the process by increasing the number of FOR FURTHER INFORMATION CONTACT: EPA to contact you in case EPA cannot Jane reporting entities to ensure inclusion of read your comment due to technical C. Kelly, [email protected], or by wireless, wireline, broadcast, cable and difficulties or needs further information phone on (202) 418–2832. satellite communications providers. on the substance of your comment. Any SUPPLEMENTARY INFORMATION: In recent years, communications have identifying or contact information OMB Control Number: 3060–1003. evolved from a circuit-switched network provided in the body of a comment will OMB Approval Date: June 8, 2012. infrastructure to broadband networks. Expiration Date: June 30, 2015. be included as part of the comment that The Commission is seeking to extend Title: Communications Disaster is placed in the official public docket, the Disaster Information Reporting Information Reporting System (DIRS). and made available in EPA’s electronic System to include interconnected Voice Form No.: Not applicable. over Internet Protocol and broadband public docket. If EPA cannot read your Number of Respondents/Responses: comment due to technical difficulties Internet Service Providers. Increasing 6,750 respondents; 6,750 responses. numbers of consumers, businesses, and and cannot contact you for clarification, Estimated Time per Response: 0.1– EPA may not be able to consider your government agencies rely on broadband 0.50 hours. and interconnected VoIP services for comment. Total Annual Burden: 4,725. everyday and emergency Use of the www.regulations.gov Web Total Annual Cost: None. site to submit comments to EPA Obligation To Respond: Voluntary. communications needs, including vital electronically is EPA’s preferred method The statutory authority for this 9–1–1 services. It is therefore imperative for receiving comments. The electronic collection is contained in 47 U.S.C. that the Disaster Information Reporting public docket system is an ‘‘anonymous 154(i), 218, 303(r) of the System be expanded to include these access’’ system, which means EPA will Communications Act of 1934, as new technologies in order for the not know your identity, email address, amended. Commission the gain an accurate or other contact information unless you Nature and Extent of Confidentiality: picture of communications landscape provide it in the body of your comment. The Commission acknowledges and during disasters. Therefore, the In contrast to EPA’s electronic public agrees that is consistent with the Commission has revised its DIRS screen docket, EPA’s electronic mail (email) primary objective of the DIRS to treat shots and is including a copy of the system is not an ‘‘anonymous access’’ filings as confidential. We will work DIRS user manual for which the system. If you send an email comment with respondents to ensure that their Commission has received OMB directly to the Docket without going concerns regarding the confidentiality of approval on June 8, 2012. through www.regulations.gov, your DIRS filings are resolved in a manner Federal Communications Commission. email address is automatically captured consistent with Commission rules. Marlene H. Dortch, and included as part of the comment Needs and Uses: The Commission Secretary. that is placed in the official public submitted this information collection to [FR Doc. 2012–15589 Filed 6–25–12; 8:45 am] docket, and made available in EPA’s the Office of Management and Budget BILLING CODE 6712–01–P electronic public docket. (OMB) as a revision and received a three Dated: June 19, 2012. year approval from OMB for the Lorie J. Schmidt, collection. FEDERAL COMMUNICATIONS Associate General Counsel. In response to the events of COMMISSION September 11, 2001, the Federal [FR Doc. 2012–15603 Filed 6–25–12; 8:45 am] Communications Commission [AU Docket No. 12–25; DA 12–947] BILLING CODE 6560–50–P (Commission or FCC) created an Mobility Fund Phase I Auction Emergency Contact Information System Supplemental Short-Form Instructions to assist the Commission in ensuring and Other Information FEDERAL COMMUNICATIONS rapid restoration of communications COMMISSION capabilities after disruption by a AGENCY: Federal Communications Notice of Public Information Collection terrorist threat or attack, and to ensure Commission. Approved by the Office of Management that public safety, public health, and ACTION: Notice. and Budget other emergency and defense personnel have effective communications services SUMMARY: In this document, the AGENCY: Federal Communications available to them in the immediate Commission’s Wireless Commission. aftermath of any terrorist attack within Telecommunications and Wireline
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Competition Bureaus provide instructions provided in Attachment A service to as many road miles as supplemental filing instructions for the to the Supplemental Filing Instructions possible within the Bureaus’ $300 Mobility Fund Phase I Auction for Public Notice supplement those million budget. completing FCC Form 180, announce contained in the Auction 901 6. For each submitted bid, the the availability of certain updated files Procedures Public Notice. Bureaus will assign a random selection number, which they will use in two and provide other information regarding Updated Files Auction 901. ways: To break any tied bids for the DATES: Short-Form applications are due 3. In the Auction 901 Procedures same area, and to establish an order in prior to 6 p.m. on July 11, 2012. Public Notice, the Bureaus identified which they will assign bids with the census blocks eligible for the Mobility same dollars per road mile amount for FOR FURTHER INFORMATION CONTACT: Fund Phase I support to be offered in different areas when the remaining Wireless Telecommunications Bureau, Auction 901. The Bureaus also released funds are insufficient to award support Auctions and Spectrum Access files containing detailed information to all the bids in that amount. The Division: For Mobility Fund Phase I about these census blocks. In the Bureaus will also calculate a gross supplemental filing instructions: Lisa Auction 901 Additional Data Formats dollar support amount associated with Stover at (717) 338–2868. Public Notice, (DA 12–721 released May the bid, equal to the gross bid amount SUPPLEMENTARY INFORMATION: This is a 8, 2012) the Bureaus announced the times the number of qualifying road summary of the Mobility Fund Phase I availability of an additional file with miles in the area. To ensure that they Supplemental Public Notice information about the biddable award support to at most one bid per (Supplemental Filing Instructions geographic areas for Auction 901. In the geographic area, the Bureaus will first Public Notice) released on June 15, Supplemental Filing Instructions Public compare net bids (taking into account 2012. The Supplemental Filing Notice, the Bureaus announce the bidding credits where applicable) for Instructions Public Notice and its availability of updated versions of some each biddable area, and for each area, associated attachment as well as related of these files, which are available via the retain the lowest net bid for further Commission documents may be link for Attachment A Files at http:// consideration. If there are ties for the purchased from the Commission’s wireless.fcc.gov/auctions/901/. lowest bid for an area, the Bureaus will duplicating contractor, Best Copy and Specifically, the Biddable Items file, the retain the bid with the highest selection Printing, Inc. (BCPI), 445 12th Street All Eligible Census Blocks file, and five number. SW., Room CY–B402, Washington, DC of the state spreadsheets have been 7. To select winning bids, the Bureaus 20554, telephone 202–488–5300, fax updated. In the Biddable Items file, the will then compare the retained bids for 202–488–5563, or you may contact BCPI header of one of the columns has been all areas by sorting them in ascending at its Web site: http:// changed from Pop10 to Population, and order of net bid amount (dollars per www.BCPIWEB.com. When ordering the header of another column has been road mile) and descending order of documents from BCPI, please provide changed from Tribal Area to Tribal selection number. The Bureaus will the appropriate FCC document number, Land. These changes were made to be award support to bids in this order, for example, DA 12–947. The more consistent with how the data will starting with the lowest bid/highest Supplemental Filing Instructions Public be presented in the FCC Auction selection number, as long as remaining Notice and related documents also are System. Additionally some of the funds are sufficient to cover the gross available on the Internet at the entries in the Tribe and Tribal Land dollar support amount of the bid. If a Commission’s Web site: http:// columns have been changed. In the bid cannot be awarded because its gross wireless.fcc.gov/auctions/901/ or by previous version of the file, the name of dollar support would exceed the using the search function for AU Docket any tribe or Tribal land that should have remaining funds, the Bureaus will skip No. 12–25 on the Commission’s included an apostrophe erroneously the bid and consider the next lowest Electronic Comment Filing System included two apostrophes. The new file bid/highest selection number, awarding (ECFS) Web page at http://www.fcc.gov/ fixes this. as much support as possible within the cgb/ecfs/. 4. The apostrophe anomaly also Bureaus’ $300 million budget. 1. On May 2, 2012, the Wireless affected the All Eligible Census Blocks Federal Communications Commission. Telecommunications Bureau and file and five of the state spreadsheets. Wireline Competition Bureau (the Consequently, the All Eligible Census Gary Michaels, Bureaus) announced the procedures for Blocks file and the state spreadsheets for Deputy Chief, Auctions and Spectrum Access Division, WTB. the Mobility Fund Phase I auction Alaska, Arizona, Idaho, Michigan, and scheduled for September 27, 2012 Montana have been revised. [FR Doc. 2012–15458 Filed 6–25–12; 8:45 am] (Auction 901). The Bureaus provide BILLING CODE 6712–01–P Additional Details for Determining supplemental filing instructions for Winning Bids completing FCC Form 180, announce the availability of certain updated files, 5. In the Auction 901 Procedures FEDERAL MEDIATION AND and provide additional information Public Notice, the Bureaus described the CONCILIATION SERVICE regarding certain details of Auction 901. approach they would use to determine winning bids, including procedures to Proposed Agency Information Short-Form Application (FCC Form ensure that at most one bid per Collection Activities; Comment 180) Filing Instructions geographic area is awarded, the use of Request 2. In the Auction 901 Procedures random numbers to address tied bids, AGENCY: Federal Mediation and Public Notice, 77 FR 32092, May 31, and the Bureaus procedures when Conciliation Service. 2012, the Bureaus provided general remaining funds are insufficient to ACTION: Notice of request for renewal of instructions for completing FCC Form support the next lowest bid. The previously approved collection form 180 and stated that they would provide Bureaus clarify those procedures, in FMCS F–7. additional information about accessing, particular with respect to the Bureaus completing, and viewing the FCC Form use of random selection numbers, so SUMMARY: The Federal Mediation and 180 in a separate public notice. The that funds may be used to support new Conciliation Service (FMCS) invites
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comments about our intention to request Affected Entities: Parties affected by Burden Statement: The current the Office of Management and Budget this information collection are private annual burden estimate is (OMB) to approve the renewal of the sector employers and labor unions approximately 14,400 respondents. The Notice to Mediation Agencies Form involved in interstate commerce who annual hour burden is estimated at (FMCS Form F–7; OMB control number file notices for mediation services to the 2,400 hours, approximately 10 minutes 3076–0004). The request will seek a FMCS. for each notice to fill out a one-page three-year extension. There are no Frequency: Parties complete this form form. changes being submitted with this once, which is at the time of an II. Request for Comments request. FMCS is soliciting comments impending expiration of a collective on specific aspects of the collection as bargaining agreement. FMCS solicits comments to: described below. Abstract: Under the Labor (i) Evaluate whether the proposed DATES: Comments must be submitted on Management Relations Act of 1947, 29 collection of information is necessary or before August 27, 2012. U.S.C. 158(d), Congress listed specific for the proper performance of the notice provisions so that no party to a functions of the agency, including ADDRESSES: Submit written comments collective bargaining agreement can whether the information to be collected by mail to the Office of Arbitration terminate or modify a collective will have practical utility. Services, Federal Mediation and bargaining contract, unless the party (ii) Enhance the accuracy of the Conciliation Service, 2100 K Street NW., wishing to terminate or modify the agency’s estimates of the burden of the Washington, DC 20427 or by contacting contract sends a written notice to the proposed collection of information. the person whose name appears under other party sixty days prior to the (iii) Enhance the quality, utility, and the section titled FOR FURTHER expiration date (29 U.S.C. 158(d)(1)), clarity of the information to be INFORMATION CONTACT. Comments may and offers to meet and confer with the collected. be submitted also by fax at (202) 606– other party for the purpose of (iv) Minimize the burden of the 3749 or electronic mail (email) to negotiating a new or modified contract collection of information on those who [email protected]. All comments (29 U.S.C. 158(d)(2)). The Act requires are to respond, including the use of must be identified by the appropriate that parties notify FMCS within thirty appropriate automated, electronic agency form number. No confidential days after such notice of the existence collection technologies or other forms of business information (CBI) should be of a bargaining dispute (29 U.S.C. information technology. submitted through email. Information 158(d)(3)). The 1974 amendments to the III. The Official Record submitted as a comment concerning this National Labor Relations Act extended document may be claimed confidential coverage to nonprofit health care The official record is the paper by marking any part or all of the institutions, including similar notices to electronic record maintained at the information as ‘‘CBI’’. Information so FMCS. 29 U.S.C. 158(d) and (g). To address at the beginning of this marked will not be disclosed but a copy facilitate handling around 14,400 document. FMCS will transfer all of the comment that does contain CBI notices a year, FMCS created electronically received comments into must be submitted for inclusion in the information collection form F–7. The printed-paper form as they are received. public record. FMCS may disclose purpose of this information collection Dated: June 21, 2012. information not marked confidential activity is for FMCS to comply with its Jeannette Walters-Marquez, publicly without prior notice. All statutory duty to receive these notices, Attorney-Advisor. written comments will be available for to facilitate assignment of mediators to [FR Doc. 2012–15532 Filed 6–25–12; 8:45 am] inspection in Room 704 at the assist in labor disputes, and to assist the BILLING CODE 6732–01–P Washington, DC address above from parties in knowing whether or not 8:30 a.m. to 4:30 p.m., Monday through proper notice was given. The Friday, excluding legal holidays. information from these notices is sent FEDERAL RESERVE SYSTEM FOR FURTHER INFORMATION CONTACT: electronically to the appropriate field Vella M. Traynham, Director of manager who assigns the cases to a Formations of, Acquisitions by, and Arbitration Services, FMCS, 2100 K mediator so that the mediator may Mergers of Bank Holding Companies Street NW., Washington, DC 20427. contact labor and management quickly, Telephone (202) 606–5111; Fax (202) efficiently, and offer dispute resolution The companies listed in this notice 606–3749. services. Either party to a contract may have applied to the Board for approval, SUPPLEMENTARY INFORMATION: Copies of make a request in writing for a copy of pursuant to the Bank Holding Company the Notice to Mediation Agencies the notice filed with FMCS. Form F–7 Act of 1956 (12 U.S.C. 1841 et seq.) (FMCS Form 7; OMB control number was created to allow FMCS to gather (BHC Act), Regulation Y (12 CFR Part 3076–0004) are available from the Office desired information in a uniform 225), and all other applicable statutes of Arbitration Services by calling, faxing manner. The collection of such and regulations to become a bank or writing to Vella M. Traynham at the information, including the name of the holding company and/or to acquire the address above. Please ask for the form employer or employer association, assets or the ownership of, control of, or by title and agency form number. address and phone number, email the power to vote shares of a bank or address, official contact, bargaining unit bank holding company and all of the I. Information Collection Requests and establishment size, location of banks and nonbanking companies FMCS is seeking comments on the affected establishment and negotiations, owned by the bank holding company, following Information Collection industry, union address, phone number, including the companies listed below. Request (ICR). email address and official contact, The applications listed below, as well Title: Notice to Mediation Agencies; contract expiration date or renewal date, as other related filings required by the FMCS Form F–7; OMB No. 3076–0004; whether the notice is filed on behalf of Board, are available for immediate Expiration date: October 1, 2012. the employer or the union, and whether inspection at the Federal Reserve Bank Type of Request: Request for Renewal this is a health care industry notice is indicated. The application also will be of a previously approved notice without critical for reporting and mediation available for inspection at the offices of changes in the collection. purposes. the Board of Governors. Interested
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persons may express their views in proposal also involves the acquisition of DATES: Submit comments on or before: writing on the standards enumerated in a nonbanking company, the review also August 27, 2012. the BHC Act (12 U.S.C. 1842(c)). If the includes whether the acquisition of the FOR FURTHER INFORMATION CONTACT: Ms. proposal also involves the acquisition of nonbanking company complies with the Karen Handsfield, Public Buildings a nonbanking company, the review also standards in section 4 of the BHC Act Service, at telephone (202) 208–2444, or includes whether the acquisition of the (12 U.S.C. 1843). Unless otherwise via email to [email protected]. nonbanking company complies with the noted, nonbanking activities will be ADDRESSES: Submit comments standards in section 4 of the BHC Act conducted throughout the United States. identified by Information Collection (12 U.S.C. 1843). Unless otherwise Unless otherwise noted, comments 3090–0044, GSA Form 3453, noted, nonbanking activities will be regarding each of these applications Application/Permit for Use of Space in conducted throughout the United States. must be received at the Reserve Bank Public Buildings and Grounds, by any of Unless otherwise noted, comments indicated or the offices of the Board of the following methods: regarding each of these applications Governors not later than July 21, 2012. • Regulations.gov: http://www. must be received at the Reserve Bank A. Federal Reserve Bank of Dallas (E. regulations.gov. Submit comments via indicated or the offices of the Board of Ann Worthy, Vice President) 2200 the Federal eRulemaking portal by Governors not later than July 21, 2012. North Pearl Street, Dallas, Texas 75201– A. Federal Reserve Bank of Dallas (E. searching the OMB control number. 2272: Select the link ‘‘Submit a Comment’’ Ann Worthy, Vice President) 2200 1. Odessa SouthWest Bancshares, North Pearl Street, Dallas, Texas 75201– that corresponds with ‘‘Information Inc., Odessa, Texas, to become a bank Collection 3090–0044, GSA Form 3453, 2272: holding company by acquiring 100 1. Carlile Bancshares, Inc., Fort Application/Permit for Use of Space in percent of SouthWest Bank, Odessa, Public Buildings and Grounds’’. Follow Worth, Texas, to acquire 100 percent of Texas. the common stock of Washington the instructions provided at the ‘‘Submit Investment Company, and thereby Board of Governors of the Federal Reserve a Comment’’ screen. Please include your indirectly acquire Colorado Community System. name, company name (if any), and Bank, both of Yuma, Colorado. Dated: June 21, 2012. ‘‘Information Collection 3090–0044, Applicant also has applied to acquire Robert deV. Frierson, GSA Form 3453, Application/Permit for Colorado Front Range Holdings, Inc., Deputy Secretary of the Board. Use of Space in Public Buildings and Yuma, Colorado, and thereby engage in [FR Doc. 2012–15517 Filed 6–25–12; 8:45 am] Grounds’’ on your attached document. • lending activities pursuant to section Fax: 202–501–4067. BILLING CODE 6210–01–P • 225.28 (b)(1) of Regulation Y. Mail: General Services Administration, Regulatory Secretariat Board of Governors of the Federal Reserve (MVCB), 1275 First Street NE., System. GENERAL SERVICES Washington, DC 20417. ATTN: Hada Dated: June 21, 2012. ADMINISTRATION Flowers/IC 3090–0044, GSA Form 3453, Robert deV. Frierson, Application/Permit for Use of Space in Deputy Secretary of the Board. [OMB Control No. 3090–0044; Docket 2012– Public Buildings and Grounds. [FR Doc. 2012–15516 Filed 6–25–12; 8:45 am] 0001; Sequence 8] Instructions: Please submit comments BILLING CODE 6210–01–P Public Buildings Service; Information only and cite Information Collection Collection; GSA Form 3453, 3090–0044, GSA Form 3453, Application/Permit for Use of Space in FEDERAL RESERVE SYSTEM Application/Permit for Use of Space in Public Buildings and Grounds Public Buildings and Grounds, in all Formations of, Acquisitions by, and correspondence related to this AGENCY: Mergers of Bank Holding Companies Public Buildings Service, GSA. collection. All comments received will ACTION: Notice of request for comments be posted without change to http:// The companies listed in this notice regarding an extension to an existing www.regulations.gov, including any have applied to the Board for approval, OMB clearance. personal and/or business confidential pursuant to the Bank Holding Company information provided. Act of 1956 (12 U.S.C. 1841 et seq.) SUMMARY: Under the provisions of the SUPPLEMENTARY INFORMATION: (BHC Act), Regulation Y (12 CFR part Paperwork Reduction Act, the 225), and all other applicable statutes Regulatory Secretariat will be A. Purpose and regulations to become a bank submitting to the Office of Management The general public uses GSA Form holding company and/or to acquire the and Budget (OMB) a request to review 3453, Application/Permit for Use of assets or the ownership of, control of, or and approve an extension of a Space in Public Buildings and Grounds, the power to vote shares of a bank or previously approved information to request the use of public space in bank holding company and all of the collection requirement regarding GSA Federal buildings and on Federal banks and nonbanking companies Form 3453, Application/Permit for Use grounds for cultural, educational, or owned by the bank holding company, of Space in Public Buildings and recreational activities. A copy, sample, including the companies listed below. Grounds. or description of any material or item The applications listed below, as well Public comments are particularly proposed for distribution or display as other related filings required by the invited on: Whether this collection of must also accompany this request. Board, are available for immediate information is necessary and whether it inspection at the Federal Reserve Bank will have practical utility; whether our B. Annual Reporting Burden indicated. The applications will also be estimate of the public burden of this Respondents: 8,000. available for inspection at the offices of collection of information is accurate, Responses per Respondent: 1. the Board of Governors. Interested and based on valid assumptions and Hours per Response: 0.05. persons may express their views in methodology; ways to enhance the Total Burden Hours: 400. writing on the standards enumerated in quality, utility, and clarity of the Obtaining Copies of Proposals: the BHC Act (12 U.S.C. 1842(c)). If the information to be collected. Requesters may obtain a copy of the
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information collection documents from Strategic Sourcing and Curbing statements in triplicate to Mr. Winslow the General Services Administration, Improper Payments. Additionally, at the PMAB GSA address above. Regulatory Secretariat (MVCB), 1275 PMAB will hear reports from federal Dated: June 20, 2012. agency executives regarding their First Street NE., Washington, DC 20417, John C. Thomas, telephone (202) 501–4755. Please cite progress implementing last year’s recommendations to the President’s Deputy Director, Office of Committee and OMB Control No. 3090–0044, GSA Form Regulatory Management, General Services 3453, Application/Permit for Use of Management Council. Those Administration. Space in Public Buildings and Grounds, recommendations were aimed at [FR Doc. 2012–15527 Filed 6–25–12; 8:45 am] in all correspondence. improving Information Technology (IT) BILLING CODE P Dated: June 13, 2012. portfolio and project management, IT vendor performance management, Casey Coleman, Senior Executive Service (SES) Chief Information Officer. leadership development and SES DEPARTMENT OF HEALTH AND [FR Doc. 2012–15480 Filed 6–25–12; 8:45 am] performance appraisal systems. More HUMAN SERVICES BILLING CODE 6820–34–P detailed information on the PMAB recommendations can be found on the Centers for Disease Control and PMAB Web site (see below). Prevention GENERAL SERVICES Meeting Access: The PMAB will [30-Day–12–12ET] ADMINISTRATION convene its meeting in the Eisenhower [Notice–MK–2012–01; Docket No. 2012– Executive Office Building, 1650 Agency Forms Undergoing Paperwork 0002; Sequence 14] Pennsylvania Avenue NW., Washington, Reduction Act Review DC. Due to security, there will be no The President’s Management Advisory public admittance to the Eisenhower The Centers for Disease Control and Board (PMAB); Notification of Building to attend the meeting. Prevention (CDC) publishes a list of Upcoming Public Advisory Meeting However, the meeting is open to the information collection requests under public; interested members of the public review by the Office of Management and AGENCY: Office of Executive Councils, may view the PMAB’s discussion at Budget (OMB) in compliance with the U.S. General Services Administration http://www.whitehouse.gov/live. Paperwork Reduction Act (44 U.S.C. (GSA). Members of the public wishing to Chapter 35). To request a copy of these ACTION: Meeting notice. comment on the discussion or topics requests, call (404) 639–7570 or send an email to [email protected]. Send written SUMMARY: The President’s Management outlined in the Agenda should follow comments to CDC Desk Officer, Office of Advisory Board (PMAB), a Federal the steps detailed in Procedures for Management and Budget, Washington, Advisory Committee established in Providing Public Comments below. DC 20503 or by fax to (202) 395–5806. accordance with the Federal Advisory Availability of Materials for the Written comments should be received Committee Act (FACA), 5 U.S.C., App., Meeting: Please see the PMAB Web site within 30 days of this notice. and Executive Order 13538, will hold a (http://www.whitehouse.gov/ public meeting on Wednesday, July 11, administration/advisory-boards/pmab) Proposed Project 2012. for any available materials and detailed meeting minutes after the meeting. Communications Research for the DATES: Effective date: June 26, 2012. Procedures for Providing Public Development of Messages and Materials Meeting date: The meeting will be Comments: In general, public statements about Cytomegalovirus (CMV)—NEW— held on Wednesday, July 11, 2012, will be posted on the PMAB Web site Prevention Research Branch, National beginning at 9 a.m. eastern time, ending (see above). Non-electronic documents Center on Birth Defects and no later than 3 p.m. will be made available for public Developmental Disabilities (NCBDDD), FOR FURTHER INFORMATION CONTACT: Mr. inspection and copying in PMAB offices Centers for Disease Control and Scott Winslow, Designated Federal at GSA, 1776 G Street NW., Washington, Prevention (CDC). Officer, President’s Management DC 20006, on official business days Background and Brief Description Advisory Board, Office of Executive between the hours of 10 a.m. and 5 p.m. Councils, General Services eastern time. You can make an Cytomegalovirus (CMV) is the most Administration, 1776 G Street NW., appointment to inspect statements by common congenital infection in the Washington, DC 20006, at telephoning (202) 501–1398. All U.S., causing disabilities in more than [email protected]. statements, including attachments and 5,500 children born each year (CDC, SUPPLEMENTARY INFORMATION: other supporting materials, received are 2010). Disabilities related to congenital Background: The PMAB was part of the public record and subject to CMV are more common than other well- established to provide independent public disclosure. Any statements known childhood conditions, such as advice and recommendations to the submitted in connection with the PMAB Down syndrome, fetal alcohol President and the President’s meeting will be made available to the syndrome, and neural tube defects, and Management Council on a wide range of public under the provisions of the can include hearing or vision loss, issues related to the development of Federal Advisory Committee Act. mental retardation, psychomotor delays, effective strategies for the The public is invited to submit and speech and language impairment. implementation of best business written statements for this meeting to This is a multiphase communication practices to improve Federal the PMAB prior to the meeting until 5 research study that will help inform Government management and p.m. eastern time on Tuesday, July 10, CDC’s development of materials and operation, with a particular focus on 2012, by either of the following prevention messaging about congenital productivity and the application of methods: CMV. The information collection technology. Electronic or Paper Statements: activities will consist of two phases of Agenda: The main purpose for this Submit written statements to Mr. research: Phase I will consist of focus meeting is for the PMAB to discuss their Winslow, Designated Federal Officer at groups and Phase II will consist of a work on the following: Improving [email protected]; or send paper web survey. First, we plan to conduct 8
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focus groups with 9 respondents each to to existing CDC messages and materials their attitudes, beliefs, and behavioral identify potential messaging frames for (factsheet and video), which will be intentions regarding prevention communicating information about further tested in the second information behaviors and (4) assess knowledge, congenital CMV to the target audiences collection activity, the web survey. attitudes and behaviors pre- and post- and adopting CMV preventive Phase II research will include an online interventions with a larger target guidelines. We will also conduct some survey to test the refined audience sample (N=800). We estimate preliminary testing of existing CDC communication interventions (factsheet that we will screen 4,800 women in CMV draft materials (factsheet and and video). This web survey will: (1) order to recruit 800 respondents for the video). We estimate that we will screen Examine baseline awareness and online survey. 144 women in order to recruit 72 knowledge regarding CMV, (2) assess participants for the focus groups. These baseline CMV prevention behaviors This request is submitted to obtain focus groups will be conducted in prior to viewing CMV communication OMB clearance for two years. There are Atlanta, Georgia (4) and San Diego, interventions (factsheet and video), (3) no costs to the respondents other than California (4). Findings from the Phase assess appeal and evaluate the impact of their time. I focus groups will inform refinements CMV communication interventions on
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of re- burden per Total burden Type of respondent Form name respondents sponses per response hours respondent (in hours)
Phase I: Focus Groups
Women of childbearing age ...... Participant screener ..... 144 1 5/60 12 Demographic question- 72 1 15/60 18 naire. Informed consent form 72 1 15/60 18 Focus group ...... 72 1 90/60 108
Phase II: Web Survey
Women of childbearing age ...... Participant per screener 4,800 1 3/60 240 Web Survey ...... 800 1 11/60 147
Dated: June 18, 2012. DATES: Application Submission and Medicaid Innovation (Innovation Ron A. Otten, Deadline for the Advance Payment Center). Director, Office of Scientific Integrity (OSI), Model: Applications for the The Advance Payment Model is an Office of the Associate Director for Science performance period beginning on Innovation Center initiative designed for (OADS), Office of the Director, Centers for January 1, 2013 will be accepted from participants in the Medicare Shared Disease Control and Prevention. August 1, 2012 through September 19, Savings Program in need of prepayment [FR Doc. 2012–15574 Filed 6–25–12; 8:45 am] 2012. of expected shared savings to build their BILLING CODE 4163–18–P FOR FURTHER INFORMATION CONTACT: capacity to provide high quality, Maria Alexander, (410) 786–4792. coordinated care and generate cost SUPPLEMENTARY INFORMATION: savings. The Advance Payment Model DEPARTMENT OF HEALTH AND will test whether and how prepaying a HUMAN SERVICES I. Background portion of future shared savings could Centers for Medicare & Medicaid The Centers for Medicare & Medicaid increase participation in the Medicare Services Services (CMS) is committed to Shared Savings Program, and whether achieving better health for populations, advance payments will enhance the [CMS–5505–N3] better health care for individuals, and ability of ACOs to effectively coordinate care and generate Medicare savings, as Medicare Program; Announcement of a lower growth in expenditures through continuous improvement for Medicare, well as the speed at which they attain New Opportunity for Participation in that goal. the Advance Payment Model for Medicaid, and Children’s Health Accountable Care Organizations Insurance Program beneficiaries. One In the November 2, 2011 Federal (ACOs) potential mechanism for achieving these Register (76 FR 68012), we published a goals is for CMS to partner with groups notice entitled ‘‘Medicare Program; AGENCY: Centers for Medicare & of health care providers of services and Advance Payment Model’’ that Medicaid Services (CMS), HHS. suppliers that have a mechanism for announced the testing of the Advance ACTION: Notice. shared governance and have formed an Payment Model for certain ACOs Accountable Care Organization (ACO) participating in the Medicare Shared SUMMARY: This notice announces a new through which they work together to Savings Program scheduled to begin in opportunity for participation in the coordinate care for a specified group of 2012 and provided information about Advance Payment Model for certain patients. We will pursue such the Advance Payment Model and the accountable care organizations partnerships through complementary application process. In November 30, participating in the Medicare Shared efforts, including the Medicare Shared 2011 Federal Register (76 FR 74067), we Savings Program scheduled to begin in Savings Program and initiatives published a second notice that extended January 2013. undertaken by the Center for Medicare the application deadline for the first
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performance period that began on April opportunity for CMS to consult with FOR FURTHER INFORMATION CONTACT: 1, 2012. We announced the representatives of suppliers and other Hafsa Vahora at (410) 786–7899 or organizations participating in the interested parties regarding options to [email protected] Advanced Payment Model for the first adjust the Medicare payment amounts Elliot Klein at (410) 786–0415 or performance period (which began on for non-mail order diabetic testing [email protected] April 1, 2012) on April 10, 2012. The supplies. This meeting will provide the second performance period of the public an opportunity to offer oral and SUPPLEMENTARY INFORMATION: Advance Payment Model will begin on written comments. I. Background July 1, 2012. DATES: Additional information about the Meeting Date: The public A. Process for Using Inherent Advance Payment Model, including meeting will be held on Monday, July Reasonableness Authority organizations currently participating in 23, 2012, 9 a.m. to 1 p.m. eastern daylight time (e.d.t.). In the December 13, 2005 Federal the testing of the Model, is available on Register (70 FR 73623), we published a the Advance Payment Model Web site at Deadline for Attendees that are final rule entitled ‘‘Medicare Program; http://www.innovations.cms.gov/ Foreign Nationals (reside outside the Application of Inherent Reasonableness initiatives/ACO/Advance-Payment/. U.S.) Registration: Prospective attendees Payment Policy to Medicare Part B that are foreign nationals (as described II. Provisions of the Notice Services (Other Than Physician in section V. of this notice) are required Services)’’ that finalized a process for We will be launching a third group of to identify themselves as such, and establishing a realistic and equitable Advance Payment Model ACOs on provide the necessary information for payment amount for Medicare Part B January 1, 2013. We will accept security clearance (as described in services (other than physicians’ applications as specified in the DATES section V. of this notice) by 5 p.m. e.d.t. services) when the existing payment section of this notice. We are creating Thursday, July 5, 2012. amounts are inherently unreasonable this new opportunity in response to Deadline for All Other Attendees: All because they are either grossly excessive requests from stakeholders and potential other individuals who plan to attend the or grossly deficient. In that December partners who requested additional public meeting must register by 5 p.m. 2005 final rule, we define grossly opportunities to partner with CMS as e.d.t. Monday, July 16, 2012. Advance Payment ACOs. excessive and deficient payment Organizations interested in applying Deadline for Requesting Special amounts and provide the criteria for to the Advance Payment Model must Accommodations: Persons attending the using valid and reliable data in making also complete an application for the meeting who are hearing or visually an inherent reasonableness Shared Savings Program. Information impaired, or have a condition that determination. about the application process and requires special assistance or Sections 1842(b)(8) and (9) of the Act deadlines for the Shared Savings accommodations, are asked to contact and our regulations at 42 CFR Program is available at http:// the persons as specified in the FOR 405.502(g) and (h) set forth the steps www.cms.gov/sharedsavingsprogram. FURTHER INFORMATION CONTACT section of that the Secretary must follow in Additional information about the this notice no later July 9, 2012, 5 p.m., determining whether a payment amount application process for the Advance e.d.t. is grossly excessive and in setting a Payment Model is available on the Deadline for Submission of Written special payment limit. Those steps are Advance Payment Model Web site at Comments: Written comments must be as follows: • http://www.innovations.cms.gov/ received at the address specified in the Factors Considered In Determining initiatives/ACO/Advance-Payment/. ADDRESSES section of this notice by 5 Whether Payment Amount is Grossly Excessive or Deficient. When making a Authority: Section 1115A of the Social p.m. e.d.t., Monday, July 30, 2012. Once Security Act. submitted, all comments are final. determination that a payment amount is grossly excessive, we take into account Dated: June 19, 2012. ADDRESSES: Meeting Location: The several factors. Factors that may result Marilyn Tavenner, public meeting will be held in the main in grossly excessive or deficient Acting Administrator, Centers for Medicare auditorium of the central building of the payment amounts include, but are not & Medicaid Services. Centers for Medicare and Medicaid limited, to the following: [FR Doc. 2012–15541 Filed 6–22–12; 11:15 am] Services, 7500 Security Boulevard, ++ The marketplace is not BILLING CODE 4120–01–P Baltimore, MD 21244–1850. competitive. Submission of Written Comments: ++ Medicare and Medicaid are the Written comments may either be sole or primary sources of payment for DEPARTMENT OF HEALTH AND emailed to [email protected] or a category of items and services. HUMAN SERVICES sent via regular mail to Elliot Klein, ++ The payment amounts for a Centers for Medicare & Medicaid category of items and services do not Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail Services reflect changing technology, increased Stop C5–03–17, Baltimore, MD 21244– facility with that technology, or changes [CMS–1445–N] 1850. in acquisition, production, or supplier Registration and Special costs. Medicare Program; Public Meeting Accommodations: Individuals wishing ++ The payment amounts for a Regarding Inherent Reasonableness of to participate or who need special category of items or services in a Medicare Fee Schedule Amounts for accommodations or both must register particular locality are grossly high or Non-Mail Order (Retail) Diabetic by completing the on-line registration lower than payment amounts in other Testing Supplies located at http://www.cms.gov/apps/ comparable localities for the category of ACTION: Notice of meeting. events/upcomingevents.asp or by items or services. contacting one of the persons listed in ++ Payment amounts for a category of SUMMARY: This notice announces a the FOR FURTHER INFORMATION CONTACT items and services are grossly higher or public meeting that provides an section of this notice. lower than acquisition or production
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costs for the category of items and beneficiary liability, assignment rates, competitive bidding programs for services. and participation of suppliers. durable medical equipment (DME) and ++ There have been increases in • Supplier Consultation. Before medical supplies, including diabetic payment amounts for a category of items making a determination that a payment testing supplies. Under these programs, or services that cannot be explained by amount is not inherently reasonable, we contracts are to be awarded to suppliers inflation or technology. consult with representatives of the for furnishing DME and medical ++ The payment amounts for an item supplier industry likely to be affected by supplies throughout the United States at or service are grossly higher or lower the change in payment amounts. reduced payment amounts. Diabetic • Publication of Proposed than the payment amounts made for the testing supplies are supplies necessary item or service by other purchasers in Determination. We publish a proposed notice in the Federal Register that— for the effective use of durable blood the same locality. glucose monitors and include test strips, ++ A new technology exists which is ++ Provides the proposed payment lancets, spring-powered lancet devices, not reflected in the existing payment amount or method proposed to be calibration solution/chips, and allowances. established with respect to the item or • Factors Considered in Establishing service; replacement batteries. In 2011, annual a Payment Limit. In establishing a ++ Explains the factors and data Medicare Part B allowed charges for payment limit for a category of items or considered in determining that the these items were approximately $1.6 services, we consider the available payment amount was grossly excessive billion, of which approximately $552 information that is relevant to the or deficient; million (over one-third) was attributed ++ Explains the factors and data category of items or services and to claims for non-mail order items. considered in determining the payment establish a payment amount that is amounts or methodology, including the Section 1847(a)(1)(B)(ii) of the Act realistic and equitable. The factors we economic justification for a uniform fee provides authority for phasing in items consider in setting a payment include, or payment limit if it is proposed; and services under the competitive but are not limited to the following: ++ Explains the potential impact of bidding programs, starting with the ++ Price markup. the payment adjustments and; highest cost and highest volume items ++ Differences in charges. ++ Allows at least 60 days for public and services or those items and services ++ Costs. comment. determined to have the largest savings ++ Use. • Publication of Final Determination. potential. The majority of Medicare ++ Payment amounts in other We publish a final notice in the Federal beneficiaries receive their diabetic localities. Register containing our final testing supplies on a mail order basis, • Use of Valid and Reliable Data. In determination with respect to the and the competitive bidding program determining whether a payment amount payment amount to be established for was phased in first for supplies is grossly excessive or deficient and in the item or service, explaining the establishing an appropriate payment furnished via this delivery method as factors and data considered in making part of the Round One Rebid of the amount, we use valid and reliable data. the final determination, and responding competitive bidding program. In 2011, To ensure that valid and reliable data to public comments. are used, we must meet the criteria set Medicare-allowed payment amounts for forth at 42 CFR 405.502(g)(4)(i) through B. Mandate To Phase In Competitive a box of 50 mail order test strips were (xi), to the extent applicable. Bidding Programs for Diabetic Testing reduced by 55 percent on average in 9 • Impact Analysis. We consider the Supplies local metropolitan areas as a result of potential impact of the payment Sections 1847(a)(1)(A) and (a)(2)(A) of these programs. adjustments on quality, access, the Act mandate the implementation of
TABLE 1—COMPARISON OF 2011 FEE SCHEDULE AMOUNTS (NON-MAIL ORDER AND MAIL ORDER) AND MAIL ORDER COMPETITIVE BIDDING AMOUNTS
Fee schedule Competitive Local competitive bidding area amount (non- Fee schedule bidding mail) amount (mail) amount
Charlotte-Gastonia-Concord, NC–SC ...... $34.85 30.03 14.50 Cincinnati-Middletown, OH ...... 38.74 33.39 15.22 Cleveland-Elyria-Mentor, OH ...... 38.74 33.39 15.62 Dallas-Fort Worth-Arlington, TX ...... 36.24 31.24 14.25 Kansas City, MO–KS ...... 34.35 29.60 13.94 Miami-Fort Lauderdale-Pompano Beach, FL ...... 38.75 33.40 15.20 Orlando, FL ...... 38.75 33.40 14.50 Pittsburgh, PA ...... 38.75 33.40 14.50 Riverside-San Bernardino-Ontario, CA ...... 38.75 33.40 13.88 Average of Nine Areas ...... 37.55 32.36 14.62 National Average ...... 37.67 32.47 ......
A national DMEPOS competitive item and non-mail order item set forth • Mail Order Item—Any item shipped bidding program for mail order diabetic in 42 CFR 414.402 will be used to or delivered to the beneficiary’s home, testing supplies is scheduled to take determine what items will be included regardless of the method of delivery. effect in 2013. For this competition, and in the competitions. These definitions • Non-Mail Order Item—Any item future competitions for diabetic testing are as follows: that a beneficiary or caregiver picks up supplies, the definitions of mail order
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in person at a local pharmacy or choice in deciding where to obtain their ++ Steps of the Inherent Reasonableness supplier storefront. non-mail order diabetic testing supplies Process Because annual allowed charges for as suppliers would not have to be • Public Comments non-mail order diabetic testing supplies awarded contracts to continue • Closing Remarks are approximately $552 million, this furnishing these items to Medicare category of items and services beneficiaries. It also has the potential to III. Meeting Registration represents the highest volume category reduce the significant discrepancy in A. Required Information for Registration of items or services yet to be phased in payment amounts between mail order under the DMEPOS competitive bidding and non-mail order diabetic testing The following information must be programs. Also, based on the results of supplies and generate beneficiary and provided when registering: the competition for mail order diabetic program savings sooner than could be • Name. testing supplies in nine Competitive achieved through competitive bidding. • Company name and address. Bidding Areas (CBAs) and a review of National reductions to the fee schedule • Direct-dial telephone and fax other pricing information for diabetic amounts would reduce the savings numbers. testing supplies in general, we believe potential that could result from • Email address. the savings potential for non-mail order application of competitive bidding. This • Special needs information. diabetic testing supplies is significant. would alter the standing of non-mail Although we recognize that there are order diabetic testing supplies relative A CMS staff member will confirm pricing differences between mail order to other items in terms of level of your registration by email. and non-mail order diabetic testing priority for phase-in under the B. Registration Process supplies because of the delivery competitive bidding program. It is also methods for these supplies, information possible that use of the inherent All comments will be heard and about the prices of mail order diabetic reasonableness authority over time to accepted after the presentation by CMS testing supplies can inform the analysis establish special payment limits for staff is completed until the end of the of prices for non-mail order diabetic non-mail order diabetic testing supplies public meeting. If there are comments testing supplies because several key cost could mean that including these items after the meeting, we will accept written components are identical for both, such under the competitive bidding program comments until the date specified in the as product acquisition costs and will not be necessary as significant DATES section of this notice. administrative costs, including claims savings would not be achieved. C. Additional Meeting/Registration processing and paperwork costs. In Because information generated from Information addition to the significant program and the local Round One Rebid competitions beneficiary savings that can be for mail order diabetic testing supplies This public meeting is scheduled in generated by lowering the payment and information about the cost of order to fulfill the requirement of amounts for non-mail order diabetic diabetic testing supplies is available, we section 1842(b)(9)(A) of the Act to testing supplies, adjusting the payment believe we have the information consult with representatives of amounts for these items to bring them necessary to determine whether suppliers or other individuals who more in line with the allowed payment payment amounts for non-mail order furnish an item or service before making amounts for mail order diabetic testing diabetic testing supplies are grossly a determination under section supplies is important for a number of excessive and should be adjusted using 1842(b)(8)(B) of the Act with regard to reasons, including the fact that our inherent reasonableness authority. that item or service. maintaining a significant discrepancy Use of the inherent reasonableness IV. Comment Format between what Medicare pays for mail authority would delay or eliminate the order supplies versus non-mail order need to have local pharmacies compete A. Oral Comments From Meeting supplies may encourage fraud and abuse and win contracts in order to continue Attendees such as billing for mail order supplies furnishing non-mail order diabetic Oral comments will be heard from the as if they were furnished on a non-mail testing supplies to Medicare order basis. The discrepancy also meeting attendees during the allotted beneficiaries, thereby maintaining the time during the public meeting. penalizes beneficiaries who choose to option of obtaining these items from any obtain their supplies on a non-mail Comments should last no longer than 10 local, enrolled Medicare supplier. minutes each to allow as much order basis in the form of significantly Again, given the high volume of higher coinsurance payments. opportunity for comments from as many expenditures for these items, interested individuals as possible. There C. Use of Inherent Reasonableness competitive bidding for these items will be a sign up during the meeting to Authority To Delay Phase-In of Items would need to be implemented in the accommodate oral comments and Under Competitive Bidding near future if the savings potential for speakers will be called in the order in Rather than phasing in non-mail order these items is not lowered through use which they sign up. We encourage diabetic testing supplies under the of the inherent reasonableness anyone providing oral comments to also competitive bidding program at this authority. submit their comments in writing. time, we are considering an alternative II. Meeting Agenda B. Written Comments From Meeting for adjusting the payment amounts for The tentative agenda is as follows: Attendees non-mail order diabetic testing supplies • Sign In in the short term using information • Opening Remarks Written comments will be accepted obtained from the local Round One • CMS Presentation Regarding Payment from the general public and meeting Rebid competitions for mail order for Non-Mail Order Diabetic Testing registrants until the date specified in the supplies and other pricing information Supplies DATES section. Comments must be sent to establish special payment limits for ++ Mandate for Competitive Bidding to the address specified in the non-mail order diabetic testing supplies. ++ Establishing Special Payment Limits ADDRESSES section of this notice. We believe that this alternative would as a Means of Delaying Competitive Meeting attendees may also submit their allow beneficiaries the greatest degree of Bidding for These Items written comments at the meeting.
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C. Summary Comments and Responses equipment to any CMS information DEPARTMENT OF HEALTH AND From Public Meeting technology (IT) system or hardware for HUMAN SERVICES The summarized comments and any purpose at anytime. Additionally, Administration for Children and responses from the public meeting will CMS staff is prohibited from taking such Families be provided in the proposed notice for actions on behalf of a visitor or utilizing the adjustment of fee-schedule amounts any removable media provided by a [CFDA Number 93.676] for non-mail order diabetic testing visitor. We cannot assume responsibility for supplies. Office of Refugee Resettlement; coordinating the receipt, transfer, Announcing the Award of a Single- V. Security, Building, and Parking transport, storage, set-up, safety, or Source Program Expansion Guidelines timely arrival of any personal Supplemental Grant for The meeting is held within the CMS belongings or items used for Unaccompanied Alien Children’s demonstration or to support a comment. Complex which is not open to the Shelter Care to Baptist Children and Special arrangements and approvals are general public. Visitors to the complex Family Services (BCFS) in San required at least 2 weeks prior to the are required to show a valid U.S. Antonio, TX public meeting in order to bring pieces Government issued photo identification, of equipment or medical devices. These AGENCY: Office of Refugee Resettlement, preferably a driver’s license, at the time arrangements need to be made with the ACF, HHS. of entry. Participants will also be subject public meeting coordinator. It is to a vehicular search before access to the ACTION: The Office of Refugee possible that certain requests made in complex is granted. Participants not in Resettlement announces the award of a advance of the public meeting could be possession of a valid identification or single-source program expansion denied because of unique safety, supplement grant from its who are in possession of prohibited security or handling issues related to the items will be denied access to the Unaccompanied Alien Children’s equipment. A minimum of 2 weeks is Program. complex. Prohibited items on Federal required for approvals and security Property include but are not limited to, procedures. Any request not submitted SUMMARY: The Administration for alcoholic beverages, illegal narcotics, at least 2 weeks in advance of the public Children and Families (ACF), Office of dogs or other animals except Seeing Eye meeting will be denied. Refugee Resettlement (ORR) announces dogs and other dogs trained to assist the CMS policy requires that every the award of a single-source program handicapped, explosives, firearms or foreign visitor is assigned a host. The expansion supplement grant to Baptist other dangerous weapons (including host/hosting official is required to Children and Family Services (BCFS) in pocket knives). inform the Division of Critical San Antonio, TX, for a total of Once cleared for entry to the complex Infrastructure Protection (DCIP) at least $22,725,223. The additional funding participants will be directed to parking 12 business days in advance of any visit provided by the awards will support by a security officer. In order to ensure by a foreign national visitor. Foreign services to refugees through September expedited entry into the building it is National visitors will be required to 30, 2012. recommended that participants have produce a valid passport at the time of their ID and a copy of their written DATES: Project Period: October 1, 2011— entry. Attendees that are Foreign September 30, 2012. meeting registration confirmation Nationals need to identify themselves as FOR FURTHER INFORMATION CONTACT: readily available and that they do not such, and provide the following bring laptops or large/bulky items into information for security clearance to the Kenneth Tota, Deputy Director, Office of the building. Participants are reminded public meeting coordinator by the date Refugee Resettlement, Administration for Children and Families, 370 L’Enfant that photography on the CMS complex specified in the DATES section of this is prohibited. CMS has also been notice: Promenade SW., Washington, DC 20447, declared a tobacco free campus and • Visitor’s full name (as it appears on Telephone (202) 401–4858. violators are subject to legal action. passport). SUPPLEMENTARY INFORMATION: The In planning arrival time, we • Gender. supplement grant will support the recommend allowing additional time to • Country of origin and citizenship. expansion of bed capacity to meet the clear security. Individuals who are not • Biographical data and related number of unaccompanied alien registered in advance will not be information. children referrals from the Department permitted to enter the building and will • Date of birth. of Homeland Security (DHS). The • be unable to attend the meeting. The Place of birth. funding program is mandated by • Passport number. public may not enter the building earlier • Section 462 of the Homeland Security than 45 minutes before the convening of Passport issue date. Act to ensure appropriate placement of • Passport expiration date. the meeting. Guest access to the • Dates of visits. all referrals from the DHS. The program complex is limited to the meeting area, • Company name. is tied to DHS apprehension strategies the main lobby, and the cafeteria. If a • Position/Title. and sporadic number of border crossers. visitor is found outside of those areas Meeting participants should arrive The program has specific without proper escort they may be early to allow time to clear security and requirements for the provision of escorted out of the facility. sign-in. The meeting is expected to services to unaccompanied alien Also be mindful that there will be an begin promptly as scheduled. children. Existing grantees are the only opportunity for comment and we entities with the infrastructure, Authority: Section 1842(b)(9) of the Act. request that everyone waits for the licensing, experience and appropriate appropriate time to present their Dated: June 19, 2012. level of trained staff to meet the opinions. Disruptive behavior will not Marilyn Tavenner, required service requirements and the be tolerated and may result in removal Acting Administrator, Centers for Medicare urgent need for expansion of services in from the meetings and escort from the & Medicaid Services. response to unexpected arrivals of complex. No visitor is allowed to attach [FR Doc. 2012–15425 Filed 6–22–12; 4:15 pm] unaccompanied children. The program USB cables, thumb drives or any other BILLING CODE 4120–01–P expansion supplement will support
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such services and alleviate the buildup will take place for a chair and vice chair of This notice reflects organizational of children waiting in border patrol the Council. The main agenda item will be changes to the Health Resources and stations for placement in shelter care. a discussion of issues relating to the 21st Services Administration. This notice Statutory Authority: Awards report on restructuring graduate medical updates the functional statement for the announced in this notice are authorized education, with a focus on population need and fiscal constraint. Discussion topics Healthcare Systems Bureau (RR). by Section 462 of the Homeland include graduate medical education as a Specifically, this notice: (1) Renames Security Act, Public Law 6 U.S.C. public good, new approaches to increasing the Division of Health Facilities to the 279(b)(A)–(J) and sections 235(a)(5)(C); residency positions, newer structural models Division of Poison Control and 235(d) of the Trafficking Victims for graduate medical education, evaluation of Healthcare Facilities (RR9); (2) transfers Protection Reauthorization Act of 2008, teaching programs especially in terms of the function of the Poison Control (8 U.S.C. 1232). meeting community needs, and a re- Program from the Office of the Associate examination of funding mechanisms and Eskinder Negash, Administrator (RR), to the Division of priorities. At the end of the morning session, Poison Control and Healthcare Facilities Director, Office of Refugee Resettlement. current and new members will receive ethics training in a session closed to the public. The (RR9); (3) updates the functional [FR Doc. 2012–15373 Filed 6–25–12; 8:45 am] statement for the Office of the Associate BILLING CODE 4120–27–P afternoon session will be devoted to the development of report recommendations. Administrator (RR); and (4) updates the The meeting on Tuesday, July 24, 2012, functional statement for the Division of DEPARTMENT OF HEALTH AND will begin with an update and an opportunity Poison Control and Healthcare Facilities to comment on HRSA’s Bureau of Health (RR9). HUMAN SERVICES Professions’ development of performance measures and methods of longitudinal Chapter RR—Healthcare Systems Health Resources and Services evaluation specific to the training programs Bureau Administration over which the Council has been given new authority under the Affordable Care Act. Section RR–10, Organization Council on Graduate Medical Much of the agenda will be allotted to small Delete in its entirety and replace with Education; Notice of Meeting groups working in closed session and then the following: In accordance with section 10(a)(2) of reporting back to the full Council. The The Healthcare Systems Bureau (RR) Council will plan for a fall meeting, using a is headed by the Associate the Federal Advisory Committee Act webinar format, and determine report work (Pub. L. 92–463), notice is hereby given to be done in the interim. Both meeting days Administrator, who reports directly to of the following meeting: will conclude with time for public comment. the Administrator, Health Resources and Services Administration. The Name: Council on Graduate Medical For Further Information Contact: For Education (COGME). further information regarding the Council, to Healthcare Systems Bureau includes the Dates and Times: July 23, 2012, 8:30 a.m.– obtain a roster of members, minutes of the following components: 5:00 p.m. meeting, or other relevant information, (1) Office of the Associate July 24, 2012, 8:00 a.m.–4:00 p.m. contact Jerilyn K. Glass, M.D., Ph.D., Division Administrator (RR); Place: Hilton Washington DC/Rockville, of Medicine and Dentistry, Bureau of Health (2) Division of Transplantation (RR1); Executive Meeting Center, 1750 Rockville Professions, Health Resources and Services (3) Division of Vaccine Injury Pike, Rockville, MD 20852. Administration, Room 9A–27, Parklawn Building, 5600 Fishers Lane, Rockville, Compensation (RR4); Status: The meeting will be open to the (4) Office of Pharmacy Affairs (RR7); public. Maryland 20857, Telephone (301) 443–7271. Purpose: The Council on Graduate Medical Information can also be found at the and Education (the Council), created in 1986, is following Web site: http://www.hrsa.gov/ (5) Division of Poison Control and authorized by section 762 of the Public advisorycommittees/bhpradvisory/cogme/ Healthcare Facilities (RR9). Health Service Act, as amended by section index.html. Section RR–20, Functions 5103 of the Affordable Care Act. Dated: June 20, 2012 The Council provides advice and Reva Harris, (1) Delete the functional statement for recommendations to the Secretary of Health the Office of the Associate and Human Services and to Congress on a Acting Director, Division of Policy and Information Coordination. Administrator (RR) and replace in its range of issues including the supply and entirety; and (2) delete the functional distribution of physicians in the United [FR Doc. 2012–15453 Filed 6–25–12; 8:45 am] statement for the Division of Health States, current and future physician shortages BILLING CODE 4165–15–P or excesses, issues relating to foreign medical Facilities and replace in its entirety. school graduates, the nature and financing of Office of the Associate Administrator medical education training, and the DEPARTMENT OF HEALTH AND development of performance measures and (RR) HUMAN SERVICES longitudinal evaluation of medical education The Healthcare Systems Bureau leads programs. Health Resources and Services the Agency in providing health care At this meeting, the Council will work on programs to eligible organizations its 21st report to Congress on restructuring Administration graduate medical education. Reports are around the country. Specifically, (1) submitted to the Secretary of the Department Statement of Organization, Functions Administers the Organ Transplantation of Health and Human Services; the and Delegations of Authority Program to include the Organ Committee on Health, Education, Labor and Procurement and Transplantation Pensions of the Senate; and the Committee This notice amends Part R of the Network to facilitate the allocation of on Energy and Commerce of the House of Statement of Organization, Functions donor organs to patients waiting for an Representatives. Some meeting time will be and Delegations of Authority of the organ transplant and the Scientific allotted to discuss performance measures and Department of Health and Human Registry of Transplant Recipients that longitudinal evaluation of grant programs Services (HHS), Health Resources and provides analytic support to the Organ over which the Council has legislative authority. Services Administration (HRSA) (60 FR Procurement and Transplantation Agenda: The meeting on Monday, July 23, 56605, as amended November 6, 1995; Network in the development and 2012, will begin with opening comments as last amended at 77 FR 21565–21568 assessment of organ allocation and other from HRSA senior officials. Next, elections dated April 10, 2012). Organ Procurement and Transplantation
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Network policies; (2) administers the Compensation Program; (5) manages the national Hill-Burton C.W. Bill Young Cell Transplantation promulgating regulations to create and Hotline to ensure that consumers Program to increase the number of revise the Countermeasures Injury receive timely and accurate information unrelated blood stem cell transplants Compensation Program Vaccine Injury on the program; and (8) provides and improve the outcomes of blood Tables; (6) developing and maintaining architectural and engineering services to stem cell transplants; (3) administers the all automated information systems other Agencies such as the National Cord Blood Inventory to necessary for Program implementation; Administration for Children and increase the number of high quality cord and (7) collecting, analyzing and Families and the Food and Drug blood units available for disseminating Program information. Administration. transplantation; (4) develops and Division of Poison Control and Section RR–30, Delegations of Authority maintains a national program of grants Healthcare Facilities (RR9) and contracts to organ procurement All delegations of authority and re- organizations and other entities to The Division of Poison Control and delegations of authority made to HRSA increase the number of organs made Healthcare Facilities administers the officials that were in effect immediately available for transplantation; (5) Poison Control Program, substantiates prior to this reorganization, and that are manages the national program for health facilities’ compliance with the consistent with this reorganization, compliance with the Hill-Burton Hill-Burton uncompensated services shall continue in effect pending further uncompensated care requirement and assurance, and administers construction re-delegation. other assurances; (6) directs and grants under section 1610(b) of the This reorganization is effective upon administers a congressionally-directed Public Health Service Act, under the date of signature. grant program for the construction/ Health Care and Other Facilities Dated: June 14, 2012. program, and under the Patient renovation/equipping of health care and Mary K. Wakefield, Protection and Affordable Care Act, other facilities; (7) directs and Administrator. administers the National Vaccine Injury Public Law 111–148. Specifically, the Division: (1) Administers the activities [FR Doc. 2012–15474 Filed 6–25–12; 8:45 am] Compensation Program; (8) manages BILLING CODE 4165–15–P and promotes the 340B Drug Pricing authorized by the Poison Center Program; (9) directs and administers the Support, Enhancement and Awareness Poison Center Support, Enhancement, Act of 2008, which includes: (a) Maintaining the national toll-free Poison DEPARTMENT OF HEALTH AND and Awareness Act; and (10) Help hotline (800–222–1222), (b) HUMAN SERVICES implements and administers the implementing and expanding a national Countermeasures Injury Compensation National Institutes of Health media campaign to educate the public Program under PREP Act authorities. and health care providers about Submission for OMB Review; The Countermeasures Injury poisoning prevention, and (c) awarding Comment Request; The National Compensation Program administers the grants to poison control centers; (2) Diabetes Education Program Survey of Federal compensation program administers the process for awarding the Public established by the Public Readiness and new construction and equipment grants, Emergency Preparedness Act (‘‘PREP under section 1610(b), the Health Care SUMMARY: Under the provisions of Act’’) enacted as Division C of the and Other Facilities, and the Patient Section 3507(a)(1)(D) of the Paperwork Defense Appropriations Act for fiscal Protection and Affordable Care Act Reduction Act of 1995, the National year 2006, Public Law 109–148, which programs, including ensuring the Institute of Diabetes and Digestive and added new authorities under the Public delivery of comprehensive architectural Kidney Diseases (NIDDK), the National Health Service (PHS) Act to alleviate and engineering services and ensuring Institutes of Health (NIH) has submitted concerns about liability related to the compliance with historic preservation to the Office of Management and Budget manufacture, testing, development, and other laws and regulations related (OMB) a request to review and approve distribution, administration, and use of to construction projects, maintaining a the reinstatement without change for the countermeasures against chemical, computerized database of key project information collection listed below. The biological, radiological and nuclear information, and providing technical proposed reinstatement without change agents of terrorism, epidemics, and assistance in application preparation to for the information collection was pandemics. The program discharges all potential grantees under Division grant previously published in the Federal PREP Act authorities regarding programs; (3) monitors grant projects Register on January 25, 2012, pages compensation including: (1) Developing during construction to assure 3783–3784 and allowed 60 days for and disseminating requests for benefits compliance with the terms of the award, public comment. The National Institutes information to inform individuals that including reviewing requests for of Health received no comments. The the Countermeasures Injury changes in scope to grant projects and purpose of this notice is to allow an Compensation Program exists so that obtaining information needed to close additional 30 days for public comment. people requesting benefits do not miss out completed grant projects; (4) The National Institutes of Health may the 1-year filing deadline; (2) accepting establishes, develops, monitors, and not conduct or sponsor, and the letters of intent to file requests for enforces the implementation of Hill- respondent is not required to respond benefits so that individuals preserve Burton regulations, policies, procedures, to, the collection of information that has their rights to file by the 1-year and guidelines for use by staff and been extended, revised, or implemented deadline; (3) evaluating requests for health care facilities; (5) maintains a unless it displays a currently valid OMB benefits for compensation filed under system for receipt, analysis and control number. the Countermeasures Injury disposition of audit appeals by Hill- Proposed Collection: Title: The Compensation Program through medical Burton obligated facilities and for National Diabetes Education Program review and assessment of receiving and responding to patient Survey of the Public. Type of compensability for all complete claims; complaints; (6) manages the recovery or Information Collection Request: (4) processing requests for benefits made waiver of recovery of Federal grant Reinstatement without change for the under the Countermeasures Injury funds process for Titles VI and XVI; (7) approved information collection
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(#0925–0552). Need and Use of disparities in populations successful it has been in meeting Information Collection: The National disproportionately burdened by program objectives. The evaluation Diabetes Education Program (NDEP) is a diabetes; and (7) facilitate the relies heavily on data gathered from partnership of the National Institutes of incorporation of evidence-based existing national surveys such as Health (NIH) and the Centers for Disease research findings into health care National Health and Nutrition Control and Prevention (CDC) and more practices. Examination Survey (NHANES), the than 200 public and private Multiple strategies have been devised National Health Interview Survey organizations. to address the NDEP objectives. These (NHIS), and the Behavioral Risk Factor The longterm goal of the NDEP is to have been described in the NDEP Surveillance System (BRFSS), among reduce the burden of diabetes and pre- Strategic Plan and include: (1) others for this information. This generic diabetes in the United States, and its Promoting and implementing culturally clearance request is for the collection of territories, by facilitating the adoption of and linguistically-appropriate diabetes additional primary data from NDEP proven strategies to prevent or delay the awareness and education campaigns for target audiences on key impact onset of diabetes and its complications. a wide variety of audiences; (2) measures that are necessary to The NDEP objectives are to: (1) Increase identifying, disseminating, and effectively evaluate the program. awareness and knowledge of the supporting the adoption of evidence- Approval is requested for a survey of seriousness of diabetes, its risk factors, based, culturally and linguistically- audiences targeted by the National and effective strategies for preventing appropriate tools and resources that Diabetes Education Program including type 2 diabetes and complications support behavior change, improved people at risk for diabetes and people associated with diabetes; (2) increase quality of life, and better diabetes with diabetes and their families and the the number of people who live well outcomes; (3) expanding NDEP reach public. with diabetes and effectively manage and visibility through collaborations Frequency of Response: One occasion. their disease to prevent or delay with public, private, and nontraditional Affected Public: Individuals or complications and improve quality of partners, and use of national, state, and households. Type of Respondents: life; (3) decrease the number of local media, traditional and social Adults. The annual reporting burden is Americans with undiagnosed diabetes; media, and other relevant channels; and as follows: Estimated Number of (4) Among people at risk for type 2 (4) conducting and supporting the Respondents: 3759; Estimated Number diabetes, increase the number who make evaluation of NDEP resources, of Responses per Respondent: 1; and sustain effective lifestyle changes to promotions, and other activities to Average Burden Hours per Response: prevent diabetes; (5) facilitate efforts to improve future NDEP initiatives. .153; and Estimated Total Annual improve diabetes-related health care The NDEP evaluation will document Burden Hours Requested: 575. There are and education, as well as systems for the extent to which the NDEP program no Capital Costs, Operating or delivering care; (6) reduce health has been implemented, and how Maintenance Costs to report.
ESTIMATES OF HOUR BURDEN
Number of Frequency of Average time Total hour Type of respondents respondents response per response burden
Screening interview with ineligible persons ...... 1,659 1 .03 50 Eligible respondents ...... 2,100 1 .25 525
Totals ...... 3,759 ...... 575
Request for Comments: Written Direct Comments to OMB: Written best assured of having their full effect if comments and/or suggestions from the comments and/or suggestions regarding received within 30 days of the date of public and affected agencies are invited the item(s) contained in this notice, this publication. especially regarding the estimated on one or more of the following points: Dated: April 20, 2012. (1) Evaluate whether the proposed public burden and associated response Camille Hoover, collection of information is necessary time, should be directed to the Office of for the proper performance of the Management and Budget, Office of Executive Officer, NIDDK. function of the agency, including Regulatory Affairs, [FR Doc. 2012–15594 Filed 6–25–12; 8:45 am] _ whether the information will have OIRA [email protected] or by BILLING CODE 4140–01–P practical utility; (2) Evaluate the fax to 202–395–6974, Attention, Desk accuracy of the agency’s estimate of the Officer for NIH. To request more DEPARTMENT OF HEALTH AND burden of the proposed collection of information on the proposed project or to obtain a copy of the data collection HUMAN SERVICES information, including the validity of plans and instruments, contact Joanne the methodology and assumptions used; Gallivan, M.S., R.D., Director, National National Institutes of Health (3) Evaluate the quality, utility, and Diabetes Education Program, NIDDK, clarity of the information to be NIH, Building 31, Room 9A06, 31 Laboratory Animal Welfare: collected; and (4) Minimize the burden Center Drive, Bethesda, MD 20892, or Clarification of Position Statements on of the collection of information on those call non-toll-free number (301) 494– Implementation of the Eighth Edition of who are to respond, including the use 6110 or Email your request, including the Guide for the Care and Use of of appropriate automated, electronic, your address to: Laboratory Animals mechanical, or other technological [email protected]. collection techniques or other forms of Comments Due Date: Comments AGENCY: National Institutes of Health, information technology. regarding this information collection are HHS.
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ACTION: Notice. positionstatement_guide.htm.) For a Place: Embassy Suites at the Chevy Chase summary of the changes in the Position Pavilion, 4300 Military Road NW., SUMMARY: The National Institutes of Statements, see http://grants.nih.gov/ Washington, DC 20015. Health (NIH) is providing clarification grants/olaw/2011positionstatement_ Contact Person: Anshumali Chaudhari, after analyzing public comments maysummary.pdf (PDF). For an archive Ph.D., Scientific Review Officer, Center for received regarding the 10 Position of the original version, see http:// Scientific Review, National Institutes of Statements that were developed to aid grants.nih.gov/grants/olaw/2011position Health, 6701 Rockledge Drive, Room 4124, research institutions in their statement_decarchive.pdf (PDF). MSC 7802, Bethesda, MD 20892, (301) 435– implementation of the 8th Edition of the 1210, [email protected]. Guide for the Care and Use of II. Electronic Access Name of Committee: Center for Scientific Laboratory Animals (Guide). In response Review Special Emphasis Panel; Member to those comments, NIH has clarified The 8th Edition of the Guide is Conflict: Biobehavioral Mechanisms of Position Statements (1) Cost, (2) available on the NIH Office of Emotion, Stress and Health. Housing, (2a) Nonhuman Primate Laboratory Animal Welfare Web site at Date: July 18, 2012. Housing, (2c) Rodent Housing, and (3) http://olaw.nih.gov. Time: 1:00 p.m. to 4:00 p.m. Non-Pharmaceutical-Grade Substances. Dated: June 19, 2012. Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: Francis S. Collins, applications. Place: National Institutes of Health, 6701 Office of Laboratory Animal Welfare, Director, National Institutes of Health. Rockledge Drive, Bethesda, MD 20892, Office of Extramural Research, NIH, [FR Doc. 2012–15596 Filed 6–25–12; 8:45 am] RKL1, Suite 360, 6705 Rockledge Drive, (Telephone Conference Call). BILLING CODE 4140–01–P Contact Person: Mark Lindner, Ph.D., Bethesda, MD 20892–7982; phone 301– Scientific Review Officer, Center for 496–7163. Scientific Review, National Institutes of SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 3182, I. Background HUMAN SERVICES MSC 7770, Bethesda, MD 20892, 301–435– 0913, [email protected]. Since 1985, the Public Health Service National Institutes of Health Name of Committee: Center for Scientific (PHS) Policy on Humane Care and Use Center for Scientific Review; Notice of Review Special Emphasis Panel; Small of Laboratory Animals, authorized by Business: Digestive Sciences. Closed Meetings Public Law 99–158, 42 U.S.C. 289d, and Date: July 23, 2012. incorporated by reference at 42 CFR Time: 8:00 a.m. to 5:00 p.m. 52.8 and 42 CFR 52a.8, has required that Pursuant to section 10(d) of the Agenda: To review and evaluate grant institutions receiving PHS support for Federal Advisory Committee Act, as applications. animal activities base their animal care amended (5 U.S.C. App.), notice is Place: Embassy Suites at the Chevy Chase and use programs on the current edition hereby given of the following meetings. Pavilion, 4300 Military Road NW., of the Guide. The 8th Edition of the The meetings will be closed to the Washington, DC 20015. Guide was published in January 2011 by public in accordance with the Contact Person: Bonnie L. Burgess-Beusse, the National Research Council of the provisions set forth in sections Ph.D., Scientific Review Officer, Center for National Academy of Sciences. (See 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of http://www.nap.edu/ as amended. The grant applications and Health, 6701 Rockledge Drive, Room 2182, _ catalog.php?record id=12910.) the discussions could disclose MSC 7818, Bethesda, MD 20892, 301–435– Following a public comment period, confidential trade secrets or commercial 1783, [email protected]. NIH adopted the 8th Edition of the property such as patentable material, Name of Committee: Center for Scientific Guide in December 2011 and released and personal information concerning Review Special Emphasis Panel; Program 10 Position Statements to aid PHS- individuals associated with the grant Project: MacCHESS. Assured institutions—those with an applications, the disclosure of which Date: July 23–25, 2012. Time: 7:00 p.m. to 11:00 a.m. approved Animal Welfare Assurance— would constitute a clearly unwarranted Agenda: To review and evaluate grant in their implementation of the Guide (76 invasion of personal privacy. FR 74803). The public was invited to applications. submit comments on their Name of Committee: Center for Scientific Place: Cornell University, Campus understanding of the Position Review Special Emphasis Panel; Small Information and Visitor Relations, Day Hall Business: Hematology. Statements until February 3, 2012 (76 Lobby, Ithaca, NY 14853. Date: July 16, 2012. Contact Person: Nitsa Rosenzweig, Ph.D., FR 74804, http://grants.nih.gov/grants/ Time: 8:00 a.m. to 5:00 p.m. guide/notice-files/NOT-OD-12- Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of 042.html). NIH received a total of 44 applications. Health, 6701 Rockledge Drive, Room 1102, comments: 26 responses from those who Place: Embassy Suites at the Chevy Chase MSC 7760, Bethesda, MD 20892, (301) 435– identified themselves as individuals, 6 Pavilion, 4300 Military Road NW., 1747, [email protected]. from PHS-Assured institutions, 2 from Washington, DC 20015. (Catalogue of Federal Domestic Assistance animal advocacy organizations, and 9 Contact Person: Bukhtiar H. Shah, DVM, Ph.D., Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; from professional organizations. The 93.333, Clinical Research, 93.306, 93.333, comments may be viewed at http:// Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4120, 93.337, 93.393–93.396, 93.837–93.844, grants.nih.gov/grants/olaw/2011position 93.846–93.878, 93.892, 93.893, National _ _ MSC 7802, Bethesda, MD 20892, 301–806– statement comments/web listing.htm. 7314, [email protected]. Institutes of Health, HHS) In response to those comments, NIH has clarified the following Position Name of Committee: Center for Scientific Dated: June 20, 2012. Review Special Emphasis Panel; Small Jennifer S. Spaeth, Statements: (1) Cost, (2) Housing, (2a) Business: Hematology. Director, Office of Federal Advisory Nonhuman Primate Housing, (2c) Date: July 16, 2012. Committee Policy. Rodent Housing, and (3) Non- Time: 5:00 p.m. to 6:00 p.m. Pharmaceutical-Grade Substances. (See Agenda: To review and evaluate grant [FR Doc. 2012–15593 Filed 6–25–12; 8:45 am] http://grants.nih.gov/grants/olaw/ applications. BILLING CODE 4140–01–P
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DEPARTMENT OF HEALTH AND Dated: June 20, 2012. DEPARTMENT OF HEALTH AND HUMAN SERVICES Jennifer S. Spaeth, HUMAN SERVICES Director, Office of Federal Advisory National Institutes of Health Committee Policy. National Institutes of Health [FR Doc. 2012–15591 Filed 6–25–12; 8:45 am] Center for Scientific Review; Notice of National Institute of Diabetes and Closed Meetings BILLING CODE 4140–01–P Digestive and Kidney Diseases; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the amended (5 U.S.C. App.), notice is HUMAN SERVICES Federal Advisory Committee Act, as hereby given of the following meetings. amended (5 U.S.C. App.), notice is National Institutes of Health The meetings will be closed to the hereby given of the following meetings. public in accordance with the National Institute of Allergy and The meetings will be closed to the provisions set forth in sections Infectious Diseases; Notice of Closed public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting provisions set forth in sections as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Pursuant to section 10(d) of the as amended. The grant applications and confidential trade secrets or commercial Federal Advisory Committee Act, as the discussions could disclose property such as patentable material, amended (5 U.S.C. App.), notice is confidential trade secrets or commercial and personal information concerning hereby given of the following meeting. property such as patentable material, individuals associated with the grant and personal information concerning applications, the disclosure of which The meeting will be closed to the individuals associated with the grant would constitute a clearly unwarranted public in accordance with the applications, the disclosure of which invasion of personal privacy. provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific invasion of personal privacy. as amended. The grant applications and Review Special Emphasis Panel; Fellowship: Name of Committee: National Institute of Immunology. the discussions could disclose confidential trade secrets or commercial Diabetes and Digestive and Kidney Diseases Date: July 12–13, 2012. Special Emphasis Panel; Type 1 Diabetes property such as patentable material, Time: 8 a.m. to 10 a.m. Mouse Resource. Agenda: To review and evaluate grant and personal information concerning Date: July 23, 2012. applications. individuals associated with the grant Time: 1 p.m. to 3 p.m. Place: Renaissance Long Beach Hotel, 111 applications, the disclosure of which Agenda: To review and evaluate grant East Ocean Boulevard, Long Beach, CA would constitute a clearly unwarranted 90802. applications. Contact Person: Jin Huang, Ph.D., invasion of personal privacy. Place: National Institutes of Health, Two Scientific Review Officer, Center for Name of Committee: National Institute of Democracy Plaza, 6707 Democracy Scientific Review, National Institutes of Allergy and Infectious Diseases Special Boulevard, Bethesda, MD 20892, (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4199, Emphasis Panel; ‘‘Limited Competition- Contact Person: Robert Wellner, Ph.D., MSC 7812, Bethesda, MD 20892, 301–435– Women’s Interagency HIV Study (WIHS–V)’’. Scientific Review Officer, Review Branch, 1230, [email protected]. Date: July 16–17, 2012. DEA, NIDDK, National Institutes of Health, This notice is being published less than 15 Time: 8:00 a.m. to 5:00 p.m. Room 706,, 6707 Democracy Boulevard, days prior to the meeting due to the timing Agenda: To review and evaluate grant Bethesda, MD 20892–5452, 301–594–4721, limitations imposed by the review and applications. [email protected]. funding cycle. Place: Doubletree Hotel Bethesda, 8120 Name of Committee: Center for Scientific Wisconsin Avenue, Bethesda, MD 20814. Name of Committee: National Institute of Review Special Emphasis Panel; Review of Contact Person: Roberta Binder, Ph.D., Diabetes and Digestive and Kidney Diseases Immunology AREA Grant Applications. Scientific Review Officer, Scientific Review Special Emphasis Panel; IBD Genetics Date: July 13, 2012. Consortium Data Coordinating Center. Program, Division of Extramural Activities, Time: 10 a.m. to 4 p.m. Date: July 24, 2012. NIAID/NIH/DHHS, 6700B Rockledge Drive, Agenda: To review and evaluate grant Time: 3 p.m. to 4 p.m. Room 3130, Bethesda, MD 20892–7616, 301– applications. Agenda: To review and evaluate grant 496–7966, [email protected]. Place: Renaissance Long Beach Hotel, 111 applications. East Ocean Boulevard, Long Beach, CA (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Two 90802. Program Nos. 93.855, Allergy, Immunology, Democracy Plaza, 6707 Democracy Contact Person: Jin Huang, Ph.D., and Transplantation Research; 93.856, Boulevard, Bethesda, MD 20892, (Telephone Scientific Review Officer, Center for Microbiology and Infectious Diseases Conference Call). Scientific Review, National Institutes of Research, National Institutes of Health, HHS) Health, 6701 Rockledge Drive, Room 4095G, Contact Person: Lakshmanan Sankaran, MSC 7812, Bethesda, MD 20892, 301–435– Dated: June 20, 2012. Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of 1230, [email protected]. Jennifer S. Spaeth, Health, Room 755, 6707 Democracy This notice is being published less than 15 Director, Office of Federal Advisory Boulevard, Bethesda, MD 20892–5452, (301) days prior to the meeting due to the timing Committee Policy. limitations imposed by the review and 594–7799, [email protected]. [FR Doc. 2012–15590 Filed 6–25–12; 8:45 am] funding cycle. (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.847, Diabetes, Program Nos. 93.306, Comparative Medicine; Endocrinology and Metabolic Research; 93.333, Clinical Research, 93.306, 93.333, 93.848, Digestive Diseases and Nutrition 93.337, 93.393–93.396, 93.837–93.844, Research; 93.849, Kidney Diseases, Urology 93.846–93.878, 93.892, 93.893, National and Hematology Research, National Institutes Institutes of Health, HHS) of Health, HHS)
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Dated: June 20, 2012. DATES: The accreditation and approval Background Jennifer S. Spaeth, of SGS North America, Inc., as Director, Office of Federal Advisory commercial gauger and laboratory Pursuant to 19 U.S.C. 1505 and Committee Policy. became effective on September 29, 2011. Treasury Decision 85–93, published in [FR Doc. 2012–15588 Filed 6–25–12; 8:45 am] The next triennial inspection date will the Federal Register on May 29, 1985 (50 FR 21832), the interest rate paid on BILLING CODE 4140–01–P be scheduled for September 2014. FOR FURTHER INFORMATION CONTACT: applicable overpayments or Stephen Cassata, Laboratories and underpayments of customs duties must Scientific Services, U.S. Customs and be in accordance with the Internal DEPARTMENT OF HOMELAND Revenue Code rate established under 26 SECURITY Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, U.S.C. 6621 and 6622. Section 6621 was U.S. Customs and Border Protection DC 20229, 202–344–1060. amended (at paragraph (a)(1)(B) by the Internal Revenue Service Restructuring Dated: June 18, 2012. Accreditation and Approval of SGS and Reform Act of 1998, Pub. L. 105– Ira S. Reese, 206, 112 Stat. 685) to provide different North America, Inc., as a Commercial Executive Director. Gauger and Laboratory interest rates applicable to [FR Doc. 2012–15514 Filed 6–25–12; 8:45 am] overpayments: one for corporations and AGENCY: U.S. Customs and Border BILLING CODE 9111–14–P one for non-corporations. Protection, Department of Homeland The interest rates are based on the Security. DEPARTMENT OF HOMELAND Federal short-term rate and determined ACTION: Notice of accreditation and SECURITY by the Internal Revenue Service (IRS) on approval of SGS North America, Inc., as behalf of the Secretary of the Treasury a commercial gauger and laboratory. U.S. Customs and Border Protection on a quarterly basis. The rates effective for a quarter are determined during the SUMMARY: Notice is hereby given that, Quarterly IRS Interest Rates Used in first-month period of the previous pursuant to 19 CFR 151.12 and 19 CFR Calculating Interest on Overdue quarter. 151.13, SGS North America, Inc., 3735 Accounts and Refunds on Customs In Revenue Ruling 2012–16, the IRS W. Airline Hwy., Reserve, LA 70084, Duties has been approved to gauge and determined the rates of interest for the accredited to test petroleum and AGENCY: Customs and Border Protection, calendar quarter beginning July 1, 2012, petroleum products, organic chemicals Department of Homeland Security. and ending on September 30, 2012. The and vegetable oils for customs purposes, ACTION: General notice. interest rate paid to the Treasury for in accordance with the provisions of 19 underpayments will be the Federal CFR 151.12 and 19 CFR 151.13. Anyone SUMMARY: This notice advises the public short-term rate (1%) plus two wishing to employ this entity to conduct of the quarterly Internal Revenue percentage points (2%) for a total of laboratory analyses and gauger services Service interest rates used to calculate three percent (3%) for both corporations should request and receive written interest on overdue accounts and non-corporations. For corporate assurances from the entity that it is (underpayments) and refunds overpayments, the rate is the Federal accredited or approved by the U.S. (overpayments) of customs duties. For short-term rate (1%) plus one Customs and Border Protection to the calendar quarter beginning July 1, percentage point (1%) for a total of two conduct the specific test or gauger 2012, the interest rates for overpayments percent (2%). For overpayments made service requested. Alternatively, will be 2 percent for corporations and 3 by non-corporations, the rate is the inquires regarding the specific test or percent for non-corporations, and the Federal short-term rate (1%) plus two gauger service this entity is accredited interest rate for underpayments will be percentage points (2%) for a total of or approved to perform may be directed 3 percent for both corporations and non- three percent (3%). These interest rates to the U.S. Customs and Border corporations. This notice is published are subject to change for the calendar Protection by calling (202) 344–1060. for the convenience of the importing quarter beginning October 1, 2012, and The inquiry may also be sent to public and Customs and Border ending December 31, 2012. [email protected]. Please reference the Protection personnel. For the convenience of the importing Web site listed below for a complete DATES: Effective Date: July 1, 2012. public and Customs and Border listing of CBP approved gaugers and FOR FURTHER INFORMATION CONTACT: Ron Protection personnel the following list accredited laboratories. http://cbp.gov/ Wyman, Revenue Division, Collection of IRS interest rates used, covering the linkhandler/cgov/trade/automated/ and Refunds Branch, 6650 Telecom period from before July of 1974 to date, labs_scientific_svcs/ Drive, Suite #100, Indianapolis, Indiana to calculate interest on overdue commercial_gaugers/gaulist.ctt/ 46278; telephone (317) 614–4516. accounts and refunds of customs duties, gaulist.pdf. SUPPLEMENTARY INFORMATION: is published in summary format.
Corporate Under-pay- Over-pay- overpayments Beginning date Ending date ments ments (Eff. 1–1–99) (percent) (percent) (percent)
070174 ...... 063075 ...... 6 6 ...... 070175 ...... 013176 ...... 9 9 ...... 020176 ...... 013178 ...... 7 7 ...... 020178 ...... 013180 ...... 6 6 ...... 020180 ...... 013182 ...... 12 12 ...... 020182 ...... 123182 ...... 20 20 ...... 010183 ...... 063083 ...... 16 16 ...... 070183 ...... 123184 ...... 11 11 ......
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Corporate Under-pay- Over-pay- overpayments Beginning date Ending date ments ments (Eff. 1–1–99) (percent) (percent) (percent)
010185 ...... 063085 ...... 13 13 ...... 070185 ...... 123185 ...... 11 11 ...... 010186 ...... 063086 ...... 10 10 ...... 070186 ...... 123186 ...... 9 9 ...... 010187 ...... 093087 ...... 9 8 ...... 100187 ...... 123187 ...... 10 9 ...... 010188 ...... 033188 ...... 11 10 ...... 040188 ...... 093088 ...... 10 9 ...... 100188 ...... 033189 ...... 11 10 ...... 040189 ...... 093089 ...... 12 11 ...... 100189 ...... 033191 ...... 11 10 ...... 040191 ...... 123191 ...... 10 9 ...... 010192 ...... 033192 ...... 9 8 ...... 040192 ...... 093092 ...... 8 7 ...... 100192 ...... 063094 ...... 7 6 ...... 070194 ...... 093094 ...... 8 7 ...... 100194 ...... 033195 ...... 9 8 ...... 040195 ...... 063095 ...... 10 9 ...... 070195 ...... 033196 ...... 9 8 ...... 040196 ...... 063096 ...... 8 7 ...... 070196 ...... 033198 ...... 9 8 ...... 040198 ...... 123198 ...... 8 7 ...... 010199 ...... 033199 ...... 7 7 6 040199 ...... 033100 ...... 8 8 7 040100 ...... 033101 ...... 9 9 8 040101 ...... 063001 ...... 8 8 7 070101 ...... 123101 ...... 7 7 6 010102 ...... 123102 ...... 6 6 5 010103 ...... 093003 ...... 5 5 4 100103 ...... 033104 ...... 4 4 3 040104 ...... 063004 ...... 5 5 4 070104 ...... 093004 ...... 4 4 3 100104 ...... 033105 ...... 5 5 4 040105 ...... 093005 ...... 6 6 5 100105 ...... 063006 ...... 7 7 6 070106 ...... 123107 ...... 8 8 7 010108 ...... 033108 ...... 7 7 6 040108 ...... 063008 ...... 6 6 5 070108 ...... 093008 ...... 5 5 4 100108 ...... 123108 ...... 6 6 5 010109 ...... 033109 ...... 5 5 4 040109 ...... 123110 ...... 4 4 3 010111 ...... 033111 ...... 3 3 2 040111 ...... 093011 ...... 4 4 3 100111 ...... 093012 ...... 3 3 2
Dated: June 21, 2012. ACTION: Notice of intent. on the NPS’s Planning, Environment David V. Aguilar, and Public Comment (PEPC) Web site: Acting Commissioner, U.S. Customs and SUMMARY: Pursuant to § 102(2)(c) of the http://www.parkplanning.nps.gov/ Border Protection. National Environmental Policy Act of gwmp, as well as through [FR Doc. 2012–15531 Filed 6–25–12; 8:45 am] 1969, 42 U.S.C. 4332(2)(C), the National announcements in the local media. NPS Park Service (NPS) is preparing an BILLING CODE 9111–14–P is seeking public comment about the Environmental Impact Statement (EIS) proposal and comments will be to assess the impacts of constructing a accepted through August 27, 2012. boathouse facility and floating docks for DEPARTMENT OF THE INTERIOR non-motorized boats at possible ADDRESSES: The NPS will conduct a public scoping meeting at a public site National Park Service locations along the Virginia shoreline of the Potomac River in the vicinity of in Arlington County. When the public [NPS–NCR–GWMP–1202–9483: 3310–0250– Arlington County. This announcement scoping meeting has been scheduled, its 471] updates the Notice of Intent (NOI) on location, date, and time will be the same project published in the announced through local media and Notice of Intent To Prepare an Federal Register on May 21, 2004. published on the PEPC Web site: Environmental Impact Statement on a http://www.parkplanning.nps.gov/ DATES: The NPS will conduct scoping Proposed Boat-House Facility for Non- gwmp at least 15 days in advance of the during the coming months which will Motorized Boats, George Washington meeting. Memorial Parkway include a public scoping meeting. The NPS will announce details about the FOR FURTHER INFORMATION CONTACT: AGENCY: National Park Service, Interior. scoping period and the public meeting Superintendent, George Washington
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Memorial Parkway, Turkey Run Park, Public Involvement: Public identifying information—may be made McLean, Virginia 22101, at (703) 289– involvement will be a key component in publicly available at any time. While 2500. preparation of the EIS. Interested you can ask in your comments to SUPPLEMENTARY INFORMATION: The NPS individuals, organizations, and agencies withhold from public review your is preparing an EIS to identify a are encouraged to provide written personal identifying information, we preferred site for construction of an comments or suggestions to assist the cannot guarantee that we will be able to environmentally sustainable facility for NPS in determining the scope of issues do so. non-motorized boats on the Virginia to be addressed in the EIS, to identify Dated: March 5, 2012. shoreline of the Potomac River. significant issues related to the project, Stephen E. Whitesell, and to identify other reasonable Scoping for the EIS will consider four Regional Director, National Capital Region. alternatives. possible site locations within George [FR Doc. 2012–15581 Filed 6–25–12; 8:45 am] Washington Memorial Parkway. Two The NPS will conduct a public BILLING CODE 4310–DL–P proposed sites are downstream of the scoping meeting at a public site in Key Bridge, one proposed site is near Arlington County. When the public scoping meeting has been scheduled, its Gravelly Point and the 14th Street DEPARTMENT OF THE INTERIOR Bridge, and one proposed site is on location, date and time will be Daingerfield Island. The boathouse announced through local media and National Park Service facility and its amenities would enhance published on the NPS’s PEPC Web site: public waterfront access in the vicinity http://www.parkplanning.nps.gov/ [NPS–WASO–CONC–10245; 2410–OYC] of Arlington County for non-motorized gwmp no later than 15 days in advance recreational activities. of the date of the meeting. Notice of Extension of Concession This project was initiated when, at the If you wish to submit issues or Contract provide input on this initial phase of direction of Congress, the NPS prepared AGENCY: National Park Service, Interior. a site analysis (feasibility study) for a developing the EIS, you may submit boathouse facility in 2002. The purpose comments by [INSERT DATE 60 DAYS ACTION: Notice. FROM THE DATE OF THIS NOTICE] of the study was to eliminate any sites SUMMARY: Pursuant to the terms of the that were not feasible due to engineering through the PEPC Web site at http:// listed concession contract, the National or financial constraints and to use that www.parkplanning.nps.gov/gwmp, by Park Service hereby gives public notice information for the preparation of an hand-delivery or mail to: that it intends to extend the concession EIS. On May 21, 2004, an NOI to Superintendent, George Washington contract listed below for a period not-to- prepare that EIS was published in the Memorial Parkway, Turkey Run Park, exceed 14 months from the date of Federal Register. In 2004, the NPS held McLean, Virginia 22101, or by providing contract expiration. a public scoping meeting and comments to NPS staff at the scoping DATES: Effective Date: November 1, preliminary surveys which were meeting. 2013. completed. We will make all submissions from With the participation of Arlington organizations or business, and from SUPPLEMENTARY INFORMATION: The County as a cooperating agency, internal individuals identifying themselves as contract listed below will expire by its scoping was reinitiated in 2011, and the representatives or officials of terms on October 31, 2013. Pursuant to NPS has determined that an EIS remains organizations or businesses, available 36 CFR 51.23, the National Park Service the most appropriate level of for public inspection in their entirety. has determined that the proposed short- environmental documentation for the Before including your address, phone term extension is necessary to avoid proposed project. NPS is issuing this number, email address, or other interruption of visitor services and has NOI so that the public has a clear personal identifying information in your taken all reasonable and appropriate understanding of the agency’s intention comment, be advised that your entire steps to consider alternatives to avoid to complete preparation of this EIS. comment—including your personal such interruption.
Conc ID No. Concessioner name Park
SEKI004–98 ...... Delaware North Companies Parks and Resorts at Sequoia, Inc ...... Sequoia National Park.
FOR FURTHER INFORMATION CONTACT: Jo DEPARTMENT OF THE INTERIOR public comments submitted in response A. Pendry, Chief, Commercial Services to an earlier notice and of consultation Program, National Park Service, 1201 National Park Service with the Federal Interagency Panel for Eye Street NW., 11th Floor, Washington, World Heritage. The notice also DC 20005, Telephone (202) 513–7156. [NPS–OIA–WASO–10326:0050–673] summarizes the National Park Service’s evaluation of public comments on other Dated: May 1, 2012. U.S. Nominations to the World Heritage candidates for nomination to the World Lena McDowall, List: San Antonio Franciscan Missions Heritage List. Associate Director, Business Services. AGENCY: National Park Service, Interior. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2012–15534 Filed 6–25–12; 8:45 am] ACTION: Second Notice. Jonathan Putnam, 202–354–1809 or BILLING CODE 4310–53–P April Brooks, 202–354–1808. To request SUMMARY: This notice announces the paper copies of documents discussed in decision to request that a draft this notice, contact April Brooks, Office nomination of the San Antonio of International Affairs, NPS, 1201 Eye Franciscan Missions for inclusion on Street NW., (0050) Washington, DC the World Heritage List be prepared. 20005. Email: [email protected]. The decision is the result of review of SUPPLEMENTARY INFORMATION:
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What is the World Heritage List? participating nations to provide In the notice published on March 5, The World Heritage List is an tentative lists, which aid in evaluating 2012, the Department requested international list of cultural and natural properties for the World Heritage List on comment on which properties on the properties nominated by the signatories a comparative international basis and U.S. World Heritage tentative list should to the World Heritage Convention help the Committee to schedule its work be nominated to the World Heritage (1972). The United States was the prime over the long term. The Guidelines List. After reviewing public comments and consulting with the Federal architect of the Convention, an recommend that a nation review its Interagency Panel for World Heritage, international treaty for preservation of tentative list at least once every decade. the Department has selected the San natural and cultural heritage sites of How the Nomination Process Works Antonio Franciscan Missions as a global significance proposed by proposed nomination to the World President Richard M. Nixon in 1971, NPS regulations at 36 CFR part 73 Heritage List. With the assistance of the and the U.S. was the first nation to ratify establish the process for making Department, the owners of this group of it. The United States served its fourth nominations to the World Heritage List. sites are encouraged to prepare a term on the World Heritage Committee This process ensures that the Congress, complete nomination document in from 2005–2009. The Committee, property owners, and the public are accordance with 36 CFR Part 73 and the composed of representatives of 21 notified of and can comment on nomination format required by the nations periodically elected as the proposed nominations. Under the process, the Department notifies the World Heritage Committee. governing body of the World Heritage Two other properties, ‘‘Frank Lloyd Convention, makes the final decisions public as follows: • The Department publishes a first Wright Buildings’’ and ‘‘Poverty Point on which nominations to accept on the State Historic Site and National World Heritage List at its annual notice in the Federal Register containing the tentative list and asks for Monument,’’ were selected to prepare meeting each summer. nominations in 2011, and these There are 936 sites in 153 of the 189 recommendations regarding which properties on it should be nominated. documents are currently being drafted. signatory countries. Currently there are The Panel also considered comments • The Department reviews comments 21 World Heritage Sites in the United on possible additions to the tentative received as a result of the notice, States. U.S. participation and the roles list. The Department, on advice of the consults with the Federal Interagency of the Department and the National Park Panel, will work with the U.S. National Panel on World Heritage and decides Service (NPS) are authorized by Title IV Commission for UNESCO (the United which properties should be nominated of the Historic Preservation Act Nations Educational, Scientific and Amendments of 1980 and conducted in next. • Cultural Organization) to develop a accordance with 36 CFR 73—World The Department publishes a second process to revise the tentative list by Heritage Convention. NPS serves as the notice containing the list of proposed 2016. principal technical agency for World nominations. A discussion of the decisions, the Heritage in the Department, which has This is the second notice as required nomination process and schedule, a the lead role for the U.S. Government in by 36 CFR 73.7(f) on the proposed summary of the comments received, and the implementation of the Convention nomination of the San Antonio a description of the properties and manages all or parts of 17 of the 21 Franciscan Missions. comprising the Missions group follows. U.S. World Heritage Sites, including NPS prepared and submitted (through Yellowstone National Park, the the Secretary of the Interior and the Recommendations of the Federal Everglades, and the Statue of Liberty. Secretary of State) to the World Heritage Interagency Panel for World Heritage Centre of UNESCO on January 24, 2008, The Federal Interagency Panel for What is the tentative list? an updated tentative list. The tentative World Heritage assists the Department A tentative list is a national list of list was published in the Federal in implementing the Convention by natural and cultural properties Register on March 19, 2008. The process making recommendations on U.S. appearing to meet the World Heritage for developing the U.S. tentative list is World Heritage policy, procedures, and Committee eligibility criteria for detailed on the NPS Office of nominations. The Panel is chaired by nomination to the World Heritage List. International Affairs Web site at: the Assistant Secretary for Fish and A country cannot nominate a property http://www.nps.gov/oia/topics/ Wildlife and Parks and includes unless it has been on its tentative list for worldheritage/worldheritage.htm. representatives from various Federal a minimum of a year. Countries are Departments and agencies with Federal First Notice Published on March 5, limited to nominating no more than two land management and policy-making 2012 sites in any given year. If two sites are responsibilities. The Panel made its nominated, at least one must be a On March 5, 2012, the Department recommendations to the Department on natural site or a cultural landscape. requested public comment on which the next U.S. World Heritage Neither inclusion in the tentative list property or properties on the U.S. World nomination at a meeting on May 1, nor inscription as a World Heritage Site Heritage tentative list should be 2012. imposes legal restrictions on owners or nominated next by the United States to The Panel agreed by consensus to neighbors of sites, nor does it give the the World Heritage List. This was the support the preparation of a nomination United Nations any management First Notice in the Federal Register, as at this time for the San Antonio authority or ownership rights in U.S. required by 36 CFR 73.7(c). The Franciscan Missions. The Panel World Heritage Sites, which continue to tentative list consists of properties that reviewed the progress of the two be subject only to U.S. law. Inclusion in appear to qualify for World Heritage nominations already under preparation the tentative list merely indicates that status and that may be considered for and the public suggestions for the property may be further examined nomination by the United States to the nominations for other properties at this for possible World Heritage nomination World Heritage List. The current time from the U.S. World Heritage in the future. tentative list was transmitted to the tentative list. They did not recommend The World Heritage Committee’s UNESCO World Heritage Centre on the preparation of nominations for any Operational Guidelines ask January 24, 2008. additional or alternate properties,
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although they acknowledged the in the nomination effort cited a broad Next Steps in the Nomination of the substantial effort underway to prepare range of civic support, including Franciscan Missions for a nomination of the ‘‘Hopewell funding and other resources from both A draft World Heritage nomination for Ceremonial Earthworks’’ in Ohio. Panel governmental and private sources. One the ‘‘San Antonio Franciscan Missions’’ members emphasized the considerable comment recommended that the group may now be prepared. If it is submitted work and cost involved in developing should be considered as an extension to in substantially complete draft form to nomination documents, and wanted to the Mexican missions of the Sierra the NPS by May 1, 2013, a nomination ensure that the number of nominations Gorda already on the World Heritage may potentially be submitted to the under development will not exceed the List, and another said that the UNESCO World Heritage Centre by the Department’s capacity to ensure the justification for World Heritage listing United States by February 1, 2014, if the high quality that will give them the best needs to address the context of Spanish Department deems the nomination possible chance of success when missions in the Americas, and that it ready. The World Heritage nomination considered by the World Heritage will be important to define the format may be found at the World Committee. boundary carefully to support the Heritage Centre Web site at http://whc. Decision To Request the Preparation of group’s integrity; also that the system of unesco.org/en/guidelines. NPS will a New U.S. World Heritage Nomination acequias may merit nomination on their coordinate the review and evaluation of the draft nomination. Preliminary drafts The Department considered all own. The Panel also discussed concerns should be submitted to the NPS for comments received during the comment and questions about the nature and review prior to the complete draft period as well as the advice of the appropriateness of reconstruction work that was done at the missions in the referred to above. Federal Interagency Panel for World Following NPS review of the draft, the 1930s. Heritage in making the decisions to Department may submit complete draft request drafts for a new U.S. World The Department notes that a recent nominations to the World Heritage Heritage nomination. meeting of experts in the topic in San Centre for technical review by A brief description is provided for Antonio, including Mexican World September 30 of any year. The Centre this potential nomination along with a Heritage officials, concluded that the will then provide comments by summary of the comments that were justification for the San Antonio November 15 of that year. The Federal received and considered as part of this missions would be sufficiently different Interagency Panel for World Heritage process. The Department will decide from that of the Mexican listing that will review draft nominations following whether to nominate this group of sites they should be nominated separately. receipt of the Centre’s comments. The to the World Heritage List based on a Interagency Panel will evaluate the complete draft World Heritage Regarding the justification and other adequacy of the nominations, the nomination, when it is available. A draft related issues, the Department is significance of the properties and World Heritage nomination is requested committed to working closely with whether the nominations should be of the owners for the following sites: those preparing the nomination to forwarded to the World Heritage Centre San Antonio Franciscan Missions: ensure that these issues, as well as the for formal consideration for listing. • questions regarding the 1930s Mission San Antonio (The Alamo) Final submittal to the World Heritage • reconstruction work, will be Mission Concepcio´n Centre by the Department through the • appropriately addressed. Mission San Jose´ Department of State is required by • Mission San Juan Decision To Study Revisions to the U.S. February 1 of any year in order for the • Mission Espada World Heritage Tentative List properties to be considered in the next The modern city of San Antonio, cycle of nominations to the World Texas, has grown up around this group Over the past two years, both during Heritage List. Submittal of final of five Spanish Roman Catholic mission official public comment periods and nominations must be made no later than complexes that were built in stages from otherwise, approximately 100 that date for the World Heritage 1724 to 1782 as open villages within suggestions for potential additions to Committee to be able to consider them walled compounds. This unusual the tentative list have been made to the at its annual meeting in the summer of grouping of missions is a uniquely Department. A number of suggestions the following year. complete illustration of the experience have also been made regarding the Protective measures must be in place of the Franciscan missionaries and their methodology of selecting properties for before a property may be nominated as interaction with the indigenous peoples the tentative list. The Operational provided for in 36 CFR 73.13. If a on the northern frontier of the Spanish Guidelines of the World Heritage nomination cannot be completed in American empire in the 18th century. Committee recommend that countries accordance with this timeline, work The religious, economic, and update their tentative lists may continue into the following year(s) technological systems of the approximately once every 10 years. The for subsequent submission to UNESCO. missionaries created settled current U.S. tentative list was Comments on Other Sites Included in communities that became the basis of established in 2008. the U.S. Southwest’s distinctive ethnic the Notice of March 5, 2012 mixture. The churches in the mission The Department, on advice of the In the notice published on March 5, complexes, except for Mission San Panel, will initiate a process in 2012 (77 FR 13147–13149), the Antonio, are still in active use. cooperation with the U.S. National Department requested comments on The Department received a large Commission for UNESCO, a commission which of the sites on the tentative list number of comments on this proposal, of the U.S. Department of State, to should be nominated next by the United including over 15,000 expressions of develop an appropriate method to States. Comments were accepted support in response to an appeal by the update the U.S. tentative list with a through March 19, 2012, fifteen days National Parks Conservation target of completing the update in 2016, from the date of publication of the Association. Specific comments by the year of the centennial of the notice in the Federal Register. organizations and individuals involved National Park Service. Respondents were asked to address the
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qualifications of the tentative list reconsidered; the other suggested the Jefferson theme. The other properties for nomination by the United consideration of a transnational serial recommended against the extension of a States to the World Heritage List. nomination with other countries of early property already listed as a priority for A summary of the comments received flight resources. nomination, and noted that Poplar appears below organized by site, along The Department acknowledges that Forest may not add greatly to the listing. with the Department’s responses as some of the components of this proposal The Department acknowledges that the appropriate. Comments on the site that may have difficulties in meeting the issue raised in the latter comment will is now authorized to prepare a technical requirements of the World need to be considered. nomination appear in the discussion of Heritage Committee, and that such the decision above. The Department issues would have to be resolved before Mount Vernon, Virginia. The received 37 comments in addition to a nomination could be made. The Department received two comments over 15,000 responses to an appeal from Wright Brothers National Memorial was with various suggestions for how this the National Parks Conservation nominated unsuccessfully in 1981 by site, which was unsuccessfully Association to support the San Antonio the United States, and the Department nominated in 2009, might be Franciscan Missions. The comments believes that the issues raised at that reformulated for possible nomination were also available to the Federal time may still affect a potential again in the future. Interagency Panel for World Heritage nomination. Serpent Mound State Memorial, Ohio. Hopewell Ceremonial Earthworks, and to the Department of the Interior The Department received three officials who have selected the Ohio: Fort Ancient State Memorial; comments: one expressed general properties that are asked to prepare Hopewell Culture National Historical support. The other two recommended nominations. The full texts of all the Park; Newark Earthworks State comments are available upon request. Memorial. The Department received 10 that this type of site is adequately Comments were also sought on comments: three expressed general represented already, and should not be potential additions to the tentative list. support, and five, including from the nominated at this time, or should be These comments are on file to be organizations that own the sites, proposed as an extension to Cahokia considered by the Federal Interagency provided more specific information on Mounds, along with Hopewell Panel and the Department in due the ability of the sites to satisfy the Ceremonial Culture and Poverty Point. course. World Heritage criteria and of the The Department notes that Poverty proponents to prepare a nomination. Point has already been authorized to Comments on Cultural Sites Included in These include a workshop held at the prepare a separate nomination; and has the March 5 Notice sites in November 2011, which determined that the archeological sites Civil Rights Movement Sites, discussed how to address the criteria in Louisiana, Illinois and Ohio are Alabama. Dexter Ave. King Memorial and issues of integrity and authenticity, sufficiently culturally distinct to merit Baptist Church, Montgomery; Bethel and concluded that they would not separate World Heritage listing. Baptist Church, Birmingham; 16th St. attempt to include Serpent Mound in Baptist Church, Birmingham: the proposal. Natural Sites The Department received two Follow-up actions from the workshop comments. Both recommended that a have included establishment of a No comments were received on these variety of additional sites be added to ‘‘Friends of the Ohio Earthworks’’ four sites: the grouping to more comprehensively organization, which is raising funds and • Fagatele Bay National Marine represent the topic, and one of them hiring a consultant to work on the Sanctuary recommended that the Department nomination. Tribal government support • undertake this work and nominate the was also cited. The other two comments Okefenokee National Wildlife Refuge sites in 2013. recommended that this type of site is • Petrified Forest National Park The Department agrees that additional adequately represented already, and • White Sands National Monument sites will need to be added before this should not be nominated at this time, or proposal could be considered for should be proposed as an extension to Before including your address, phone nomination, and plans to explore such Cahokia Mounds, along with Serpent number, email address, or other an effort with the assistance of the U.S. Mound and Poverty Point. personal identifying information in your National Commission for UNESCO. The The Department acknowledges the comment, you should be aware that Panel also noted that it would be substantial work being done by the your entire comment, including your necessary to justify another World committee in Ohio, and believes that personal identifying information, may Heritage criterion in addition to the this group of sites has good prospects be made publicly available at any time. tentatively identified criterion (vi), for for nomination. Regarding the other While you can ask us in your comment association with ideas and events, comments, the Department notes that to withhold your personal identifying which the World Heritage Committee no Poverty Point has already been information from public review, we longer accepts as a sole criterion. authorized to prepare a separate cannot guarantee that we will be able to Dayton Aviation Sites, Ohio: Wright nomination, and has determined that do so. Cycle Company and Wright & Wright the archeological sites in Louisiana, Printing; Huffman Prairie Flying Field; Illinois and Ohio are sufficiently Authority: 16 U.S.C. 470 a–1, a–2, d; 36 Wright Hall; Hawthorn Hill. The culturally distinct to merit separate CFR 73. Department received three comments: World Heritage listing. Dated: June 4, 2012. one expressed general support. The Thomas Jefferson Buildings, Virginia: Rachel Jacobson, others recommended that the Wright Poplar Forest, Bedford County; State Acting Assistant Secretary for Fish and Brothers National Memorial at Kitty Capitol, Richmond: The Department Wildlife and Parks. Hawk, North Carolina be added. One received two comments. One stated that also suggested inclusion of the original this would be the most straightforward [FR Doc. 2012–15586 Filed 6–25–12; 8:45 am] Wright Flyer also be included and that nomination from the properties now on BILLING CODE 4312–52–P Hawthorne Hill’s inclusion should be the tentative list, and would complete
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INTERNATIONAL TRADE Commissioner’s statements are available materials to be submitted at the public COMMISSION from the Office of the Secretary and at hearing are governed by sections the Commission’s Web site. 201.6(b)(2), 201.13(f), 207.24, and [Investigation No. 731–TA–1103 (Review)] Participation in the review and public 207.66 of the Commission’s rules. Certain Activated Carbon from China; service list.—Persons, including Parties must submit any request to Notice of Commission Determination industrial users of the subject present a portion of their hearing To Conduct a Full Five-year Review merchandise and, if the merchandise is testimony in camera no later than 7 and Scheduling of a Full Five-Year sold at the retail level, representative business days prior to the date of the consumer organizations, wishing to Review Concerning the Antidumping hearing. participate in this review as parties Written submissions.—Each party to Duty Order on Certain Activated must file an entry of appearance with the review may submit a prehearing Carbon From China the Secretary to the Commission, as brief to the Commission. Prehearing AGENCY: United States International provided in section 201.11 of the briefs must conform with the provisions Trade Commission. Commission’s rules, by 45 days after of section 207.65 of the Commission’s ACTION: Notice. publication of this notice. A party that rules; the deadline for filing is filed a notice of appearance following December 7, 2012. Parties may also file SUMMARY: The Commission hereby gives publication of the Commission’s notice written testimony in connection with notice of its determination to conduct, of institution of the review need not file their presentation at the hearing, as and scheduling of, a full review an additional notice of appearance. The provided in section 207.24 of the pursuant to section 751(c)(5) of the Secretary will maintain a public service Commission’s rules, and posthearing Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) list containing the names and addresses briefs, which must conform with the (the Act) to determine whether of all persons, or their representatives, provisions of section 207.67 of the revocation of the antidumping duty who are parties to the review. Commission’s rules. The deadline for order on certain activated carbon from Limited disclosure of business filing posthearing briefs is January 4, China would be likely to lead to proprietary information (BPI) under an 2013; witness testimony must be filed continuation or recurrence of material administrative protective order (APO) no later than three days before the injury within a reasonably foreseeable and BPI service list.—Pursuant to hearing. In addition, any person who time. For further information section 207.7(a) of the Commission’s has not entered an appearance as a party concerning the conduct of this review rules, the Secretary will make BPI to the review may submit a written and rules of general application, consult gathered in this review available to statement of information pertinent to the Commission’s Rules of Practice and authorized applicants under the APO the subject of the review on or before Procedure, part 201, subparts A through issued in the review, provided that the January 4, 2013. On January 31, 2013, E (19 CFR part 201), and part 207, application is made by 45 days after the Commission will make available to subparts A, D, E, and F (19 CFR part publication of this notice. Authorized parties all information on which they 207). applicants must represent interested have not had an opportunity to parties, as defined by 19 U.S.C. 1677(9), comment. Parties may submit final DATES: Effective Date: June 4, 2012. who are parties to the review. A party comments on this information on or FOR FURTHER INFORMATION CONTACT: granted access to BPI following before February 4, 2013, but such final Cynthia Trainor (202–205–3354), Office publication of the Commission’s notice comments must not contain new factual of Investigations, U.S. International of institution of the review need not information and must otherwise comply Trade Commission, 500 E Street SW., reapply for such access. A separate with section 207.68 of the Commission’s Washington, DC 20436. Hearing- service list will be maintained by the rules. All written submissions must impaired persons can obtain Secretary for those parties authorized to conform with the provisions of section information on this matter by contacting receive BPI under the APO. 201.8 of the Commission’s rules; any the Commission’s TDD terminal on 202– Staff report.—The prehearing staff submissions that contain BPI must also 205–1810. Persons with mobility report in the review will be placed in conform with the requirements of impairments who will need special the nonpublic record on November 28, sections 201.6, 207.3, and 207.7 of the assistance in gaining access to the 2012, and a public version will be Commission’s rules. Please be aware Commission should contact the Office issued thereafter, pursuant to section that the Commission’s rules with of the Secretary at 202–205–2000. 207.64 of the Commission’s rules. respect to electronic filing have been General information concerning the Hearing.—The Commission will hold amended. The amendments took effect Commission may also be obtained by a hearing in connection with the review on November 7, 2011. See 76 Fed. Reg. accessing its Internet server (http:// beginning at 9:30 a.m. on December 18, 61937 (Oct. 6, 2011) and the newly www.usitc.gov). The public record for 2012, at the U.S. International Trade revised Commission’s Handbook on E– this review may be viewed on the Commission Building. Requests to Filing, available on the Commission’s Commission’s electronic docket (EDIS) appear at the hearing should be filed in Web site at http://edis.usitc.gov. at http://edis.usitc.gov. writing with the Secretary to the Additional written submissions to the SUPPLEMENTARY INFORMATION: Commission on or before December 10, Commission, including requests Background.—On June 4, 2012, the 2012. A nonparty who has testimony pursuant to section 201.12 of the Commission found that both the that may aid the Commission’s Commission’s rules, shall not be domestic and respondent interested deliberations may request permission to accepted unless good cause is shown for party group responses to its notice of present a short statement at the hearing. accepting such submissions, or unless institution were adequate and All parties and nonparties desiring to the submission is pursuant to a specific determined that it should proceed to a appear at the hearing and make oral request by a Commissioner or full review in the subject five-year presentations should attend a Commission staff. review pursuant to section 751(c)(5) of prehearing conference to be held at 9:30 In accordance with sections 201.16(c) the Act. A record of the Commissioners’ a.m. on December 12, 2012, at the U.S. and 207.3 of the Commission’s rules, votes, the Commission’s statement on International Trade Commission each document filed by a party to the adequacy, and any individual Building. Oral testimony and written review must be served on all other
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parties to the review (as identified by terminal on (202) 205–1810. Persons Westwood & Riegels, 7502 either the public or BPI service list), and with mobility impairments who will International Commerce Centre, One a certificate of service must be timely need special assistance in gaining access Austin Road West, Kowloon, Hong filed. The Secretary will not accept a to the Commission should contact the Kong; document for filing without a certificate Office of the Secretary at (202) 205– Sino Legend Holding Group Limited, of service. 2000. General information concerning C1, Rm. 1708 Nan Fung Tower, 173 Authority: This review is being conducted the Commission may also be obtained Des Voeux Road Central, Hong Kong; under authority of title VII of the Tariff Act by accessing its internet server at http:// HongKong Sino Legend Group, Ltd., of 1930; this notice is published pursuant to www.usitc.gov. The public record for Flat 01B3 101F, Carnival Commercial section 207.62 of the Commission’s rules. this investigation may be viewed on the Building, 18 Java Road, North Point, By order of the Commission. Commission’s electronic docket (EDIS) Hong Kong; Issued: June 21, 2012. at http://edis.usitc.gov. Red Avenue Chemical Co. Ltd., Red Lisa R. Barton, FOR FURTHER INFORMATION CONTACT: The Avenue Group, 9/F, Citigroup Tower, 33 Hua Yuan Shi Qiao Rd., Pudong Acting Secretary to the Commission. Office of Unfair Import Investigations, New Area, Shanghai 200120, China; [FR Doc. 2012–15523 Filed 6–25–12; 8:45 am] U.S. International Trade Commission, telephone (202) 205–2560. Ning Zhang, 668 Beachview Drive, BILLING CODE 7020–02–P Authority: The authority for North Vancouver, BC, V7G 1R1 institution of this investigation is Canada; INTERNATIONAL TRADE contained in section 337 of the Tariff Quanhai Yang, Door 1, Unit 08c, COMMISSION Act of 1930, as amended, and in section Building 2, No. 9 Guanghua Road, 210.10 of the Commission’s Rules of Chaoyang District, Beijing, China; [Investigation No. 337–TA–849] Practice and Procedure, 19 CFR 210.10 Shanghai Lunsai International Trading (2012). Company, Building 7, Unit 102, No. Certain Rubber Resins and Processes Scope of investigation: Having 2899, Chuan Nan Feng Gong Road, for Manufacturing Same Institution of considered the complaint, the U.S. Pudong New District, Shanghai City, Investigation Pursuant to 19 U.S.C. International Trade Commission, on China. 1337 June 20, 2012, ordered that— (c) The Office of Unfair Import AGENCY: U.S. International Trade (1) Pursuant to subsection (b) of Investigations, U.S. International Trade Commission. section 337 of the Tariff Act of 1930, as Commission, 500 E Street SW., Suite ACTION: Notice. amended, an investigation be instituted 401, Washington, DC 20436; and to determine whether there is a (3) For the investigation so instituted, SUMMARY: Notice is hereby given that a violation of subsection (a)(1)(A) of the Chief Administrative Law Judge, complaint was filed with the U.S. section 337 in the importation into the U.S. International Trade Commission, International Trade Commission on May United States, the sale for importation, shall designate the presiding 21, 2012, under section 337 of the Tariff or the sale within the United States after Administrative Law Judge. Act of 1930, as amended, 19 U.S.C. importation of certain rubber resins and Responses to the complaint and the 1337, on behalf of SI Group, Inc. of processes for manufacturing same by notice of investigation must be Schenectady, New York. A letter reason of misappropriation of trade submitted by the named respondents in supplementing the complaint was filed secrets, the threat or effect of which is accordance with section 210.13 of the on June 12, 2012. The complaint, as to destroy or substantially injure an Commission’s Rules of Practice and supplemented, alleges violations of industry in the United States; Procedure, 19 CFR 210.13. Pursuant to section 337 based upon the importation (2) For the purpose of the 19 CFR 201.16(d)–(e) and 210.13(a), into the United States, the sale for investigation so instituted, the following such responses will be considered by importation, and the sale within the are hereby named as parties upon which the Commission if received not later United States after importation of this notice of investigation shall be than 20 days after the date of service by certain rubber resins and processes for served: the Commission of the complaint and manufacturing same by reason of (a) The complainant is: the notice of investigation. Extensions of misappropriation of trade secrets, the SI Group, Inc., 2750 Balltown Road, time for submitting responses to the threat or effect of which is to destroy or Schenectady, NY 12309. complaint and the notice of substantially injure an industry in the (b) The respondents are the following investigation will not be granted unless United States. entities alleged to be in violation of good cause therefor is shown. The complainant requests that the section 337, and are the parties upon Failure of a respondent to file a timely Commission institute an investigation which the complaint is to be served: response to each allegation in the and, after the investigation, issue an RedAvenue Chemical Corp. of America, complaint and in this notice may be exclusion order and cease and desist 95 Mount Read Boulevard #149, deemed to constitute a waiver of the orders. Rochester, NY 14611–1923; right to appear and contest the ADDRESSES: The complaint, except for Thomas R. Crumlish, Jr., 2728 Edgemere allegations of the complaint and this any confidential information contained Drive, Rochester, NY 14612–1151; notice, and to authorize the therein, is available for inspection Precision Measurement International administrative law judge and the during official business hours (8:45 a.m. LLC, 8182 Pickering Place, Westland, Commission, without further notice to to 5:15 p.m.) in the Office of the MI 48185; the respondent, to find the facts to be as Secretary, U.S. International Trade Sino Legend (Zhangjiagang) Chemical alleged in the complaint and this notice Commission, 500 E Street SW., Room Co., Ltd., No. 99, Tianba Road, and to enter an initial determination 112, Washington, DC 20436, telephone Yangtze International Chemical and a final determination containing (202) 205–2000. Hearing impaired Industrial Park, Zhangjiagang City, such findings, and may result in the individuals are advised that information JiangSu Province, China; issuance of an exclusion order or a cease on this matter can be obtained by Sino Legend Holding Group, Inc., c/o and desist order or both directed against contacting the Commission’s TDD Mr. Richard A. Peters, Harney the respondent.
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By order of the Commission. by faxing or emailing a request to 20044–7611, and should refer to United Issued: June 20, 2012. ‘‘Consent Decree Copy’’ EESCDCopy. States et al. v. Toll Brothers, Inc., et al., Lisa R. Barton, [email protected], fax number 202– D.J. Ref. No. 90–5–1–1–09301. Acting Secretary to the Commission. 514–0097, phone confirmation number: During the public comment period, [FR Doc. 2012–15490 Filed 6–25–12; 8:45 am] 202–514–5271. If requesting a copy from the CD may also be examined on the following Department of Justice Web BILLING CODE 7020–02–P the Consent Decree Library by mail, please enclose a check in the amount of site, to http://www.usdoj.gov/enrd/ $8.50 (25 cents per page reproduction Consent_Decrees.html. A copy of the CD may also be obtained by mail from the DEPARTMENT OF JUSTICE cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that Consent Decree Library, P.O. Box 7611, Notice of Lodging of Consent Decree amount to the Consent Decree Library at U.S. Department of Justice, Washington, Under the Comprehensive the stated address. DC 20044–7611 or by faxing or emailing Environmental Response, a request to ‘‘Consent Decree Copy’’ Robert Brook, ([email protected]), fax no. Compensation, and Liability Act Assistant Section Chief, Environmental (‘‘CERCLA’’) (202) 514–0097, phone confirmation Enforcement Section, Environment and number (202) 514–5271. If requesting a Natural Resources Division. Notice is hereby given that on June copy from the Consent Decree Library 18, 2012 a proposed consent decree [FR Doc. 2012–15438 Filed 6–25–12; 8:45 am] by mail, please enclose a check in the (‘‘proposed Decree’’) in United States v. BILLING CODE 4410–15–P amount of $ 37.75 (25 cents per page Enstar LLC, Civil Action No. 1:12–cv– reproduction cost) payable to the U.S. 01563–MSK was lodged with the United Treasury or, if requesting by email or DEPARTMENT OF JUSTICE States District Court for the District of fax, forward a check in that amount to Colorado. Notice of Lodging of a Consent Decree the Consent Decree Library at the In this action under Section 107(a) of Under the Clean Water Act address given above. In requesting a the Comprehensive Environmental copy exclusive of exhibits, please Response, Compensation, and Liability Notice is hereby given that on June enclose a check in the amount of $ 20.25 Act, 42 U.S.C. 9607(a) (‘‘CERCLA’’), the 20, 2012, a proposed Consent Decree (25 cents per page reproduction cost) United States sought reimbursement of (‘‘CD’’) in United States et al. v. Toll payable to the U.S. Treasury. response costs incurred or to be Brothers, Inc., et al., Civil Action No. incurred for response actions taken at or 12–3489, was lodged with the United Robert D. Brook, in connection with the release or States District Court for the Eastern Assistant Chief, Environmental Enforcement threatened release of hazardous District of Pennsylvania. Section, Environment and Natural Resources substances at the Butterfly and Burrell In this action the United States Division. Mine Site, (the ‘‘Site’’) located in the brought claims against Toll Brothers, [FR Doc. 2012–15478 Filed 6–25–12; 8:45 am] White River National Forest in Rio Inc. and seven of its wholly-owned BILLING CODE 4410–15–P Blanco County, approximately fourteen subsidiaries (‘‘Toll’’) for violations of miles from the Town of Meeker, National Pollutant Discharge Colorado. The proposed Decree requires Elimination System (‘‘NPDES’’) permits DEPARTMENT OF JUSTICE which are federally-enforceable under the settling defendant to pay $2,486,440 Drug Enforcement Administration to the United States and the State in Section 309 of the Clean Water Act reimbursement of past response and (‘‘CWA’’), 33 U.S.C. 1319. The State of Importer of Controlled Substances; future response costs. Maryland and the Commonwealth of Notice of Registration; Clinical The proposed Decree provides the Virginia joined this case as co-plaintiffs Supplies Management, Inc. settling defendants with a covenant not (‘‘State Plaintiffs’’). The CD addresses to sue under Sections 106 and 107(a) of Toll’s violations of the CWA as well as By Notice dated April 17, 2012, and CERCLA, 42 U.S.C. 9606 and 9607(a). violations of state and Federal NPDES published in the Federal Register on The Department of Justice will receive permits governing the discharge of April 26, 2012, 77 FR 24984, Clinical for a period of thirty (30) days from the storm water from Toll’s home Supplies Management, Inc., 342 42nd date of this publication comments construction sites. The CD resolves the Street South, Fargo, North Dakota relating to the proposed Decree. claims of the United States and State 58103, made application by renewal to Comments should be addressed to the Plaintiffs for past violations at 370 the Drug Enforcement Administration Assistant Attorney General, construction sites by requiring the (DEA) to be registered as an importer of Environment and Natural Resources payment of a civil penalty of $741,000 Sufentanil (9740), a basic class of Division, and either emailed to and the institution of injunctive relief in controlled substance listed in schedule [email protected] or the form of a nation-wide management, II. mailed to P.O. Box 7611, U.S. reporting, and training program to The company plans to import the Department of Justice, Washington, DC improve Toll’s compliance with storm listed controlled substance with the sole 20044–7611, and should refer to United water requirements at Toll’s current and purpose of packaging, labeling, and States v. the Enstar LLC, D.J. Ref. DJ # future construction sites. distributing to customers which are 90–11–3–10348. The Department of Justice will receive qualified clinical sites conducting During the public comment period, for a period of thirty (30) days from the clinical trials under the auspices of an the proposed Decree may be examined date of this publication comments FDA-approved clinical study. on the following Department of Justice relating to the CD. Comments should be No comments or objections have been Web site: http://www.usdoj.gov/enrd/ addressed to the Assistant Attorney received. DEA has considered the Consent_Decrees.html. A copy of the General, Environment and Natural factors in 21 U.S.C. 823(a) and 952(a) Consent Decree may also be obtained by Resources Division, and either emailed and determined that the registration of mail from the Consent Decree Library, to [email protected] or Clinical Supplies Management, Inc., to P.O. Box 7611, U.S. Department of mailed to P.O. Box 7611, U.S. import the basic class of controlled Justice, Washington, DC 20044–7611, or Department of Justice, Washington, DC substance is consistent with the public
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interest and with United States forth in 21 USC 958(i), file comments or DEA has considered the factors in 21 obligations under international treaties, objections to the issuance of the U.S.C. 823(a) and 952(a) and determined conventions, or protocols in effect on proposed registration and may, at the that the registration of Stepan Company May 1, 1971. DEA has investigated same time, file a written request for a to import the basic class of controlled Clinical Supplies Management, Inc., to hearing on such application pursuant to substance is consistent with the public ensure that the company’s registration is 21 CFR 1301.43 and in such form as interest and with United States consistent with the public interest. The prescribed by 21 CFR 1316.47. obligations under international treaties, investigation has included inspection Any such written comments or conventions, or protocols in effect on and testing of the company’s physical objections should be addressed, in May 1, 1971. DEA has investigated security systems, verification of the quintuplicate, to the Drug Enforcement Stepan Company to ensure that the company’s compliance with state and Administration, Office of Diversion company’s registration is consistent local laws, and a review of the Control, Federal Register Representative with the public interest. company’s background and history. (ODL), 8701 Morrissette Drive, The investigation has included Therefore, pursuant to 21 U.S.C. Springfield, Virginia 22152; and must be inspection and testing of the company’s 952(a) and 958(a), and in accordance filed no later than July 26, 2012. physical security systems, verification with 21 CFR 1301.34, the above named This procedure is to be conducted of the company’s compliance with state company is granted registration as an simultaneously with, and independent and local laws, and a review of the importer of the basic class of controlled of, the procedures described in 21 CFR company’s background and history. substance listed. 1301.34(b), (c), (d), (e), and (f). As noted Therefore, pursuant to 21 U.S.C. Dated: June 18, 2012. in a previous notice published in the 952(a) and 958(a), and in accordance Joseph T. Rannazzisi, Federal Register on September 23, 1975, with 21 CFR 1301.34, the above named 40 FR 43745, all applicants for Deputy Assistant Administrator, Office of company is granted registration as an Diversion Control, Drug Enforcement registration to import a basic class of importer of the basic class of controlled Administration. any controlled substance in schedules I substance listed. or II are, and will continue to be, [FR Doc. 2012–15620 Filed 6–25–12; 8:45 am] Dated: June 18, 2012. required to demonstrate to the Deputy BILLING CODE 4410–09–P Joseph T. Rannazzisi, Assistant Administrator, Office of Diversion Control, Drug Enforcement Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement DEPARTMENT OF JUSTICE Administration, that the requirements Administration. for such registration pursuant to 21 [FR Doc. 2012–15621 Filed 6–25–12; 8:45 am] Drug Enforcement Administration U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and (f) are BILLING CODE 4410–09–P Importer of Controlled Substances; satisfied. Notice of Application; Cambrex Dated: June 18, 2012. DEPARTMENT OF JUSTICE Charles City, Inc. Joseph T. Rannazzisi, Pursuant to Title 21 Code of Federal Deputy Assistant Administrator, Office of Drug Enforcement Administration Regulations 1301.34 (a), this is notice Diversion Control, Drug Enforcement that on May 4, 2011, Cambrex Charles Administration. Manufacturer of Controlled Substances; Notice of Registration; City, Inc., 1205 11th Street, Charles City, [FR Doc. 2012–15622 Filed 6–25–12; 8:45 am] Cayman Chemical Company Iowa 50616–3466, made application by BILLING CODE 4410–09–P renewal to the Drug Enforcement By Notice dated March 8, 2012, and Administration (DEA) for registration as published in the Federal Register on an importer of the following basic DEPARTMENT OF JUSTICE March 20, 2012, 77 FR 16263, Cayman classes of controlled substances: Chemical Company, 1180 East Ellsworth Drug Enforcement Administration Road, Ann Arbor, Michigan 48108, Drug Schedule Importer of Controlled Substances; made application to the Drug 4–Anilino-N-phenethyl-4-piper- II Notice of Registration; Stepan Enforcement Administration (DEA) to idine (8333). Company be registered as a bulk manufacturer of Phenylacetone (8501) ...... II the following basic classes of controlled Opium, raw (9600) ...... II By Notice dated May 11, 2012, and substances: Poppy Straw Concentrate (9670) II published in the Federal Register on May 21, 2012, 77 FR 30025, Stepan Drug Schedule The company plans to import the Company, Natural Products Department, listed controlled substances for internal 100 W. Hunter Avenue, Maywood, New 4-Methyl-N-methylcathinone I use, and to manufacture bulk Jersey 07607, made application by (1248). intermediates for sale to its customers. renewal to the Drug Enforcement Gamma Hydroxybutyric Acid I Comments and requests for hearings (2010). Administration (DEA) to be registered as Mescaline (7381) ...... I on applications to import narcotic raw an importer of Coca Leaves (9040) a N-Benzylpiperazine (7493) ...... I material are not appropriate. 72 FR 3417 basic class of controlled substance in 3,4-Methylenedioxyprovalerone I (2007). schedule II. (7535). Any bulk manufacturer who is The company plans to import the 3,4-Methylenedioxy-N- I presently, or is applying to be, listed controlled substance to methylcathinone (7540). registered with DEA to manufacture manufacture bulk controlled substance such basic classes of controlled for distribution to its customer. The company plans to manufacture substances listed in schedules I or II, Comments and requests for hearings the above listed controlled substances to which fall under the authority of section on applications to import narcotic raw supply these materials to the research 1002(a)(2)(B) of the Act [21 U.S.C. 952 material are not appropriate. 72 FR 3417 and forensics community for drug (a)(2)(B)] may, in the circumstances set (2007). testing and analysis.
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No comments or objections have been Dated: June 18, 2012. issuance of the proposed registration received. DEA has considered the Joseph T. Rannazzisi, pursuant to 21 CFR 1301.33(a). factors in 21 U.S.C. 823(a) and Deputy Assistant Administrator, Office of Any such written comments or determined that the registration of Diversion Control, Drug Enforcement objections should be addressed, in Administration. Cayman Chemical Company to quintuplicate, to the Drug Enforcement manufacture the listed basic classes of [FR Doc. 2012–15613 Filed 6–25–12; 8:45 am] Administration, Office of Diversion controlled substances is consistent with BILLING CODE 4410–09–P Control, Federal Register Representative the public interest at this time. DEA has investigated Cayman Chemical (ODL), 8701 Morrissette Drive, Company to ensure that the company’s DEPARTMENT OF JUSTICE Springfield, Virginia 22152; and must be registration is consistent with the public filed no later than August 27, 2012. interest. The investigation has included Drug Enforcement Administration Dated: June 18, 2012. inspection and testing of the company’s Joseph T. Rannazzisi, Manufacturer of Controlled physical security systems, verification Deputy Assistant Administrator, Office of of the company’s compliance with state Substances; Notice of Application; Chattem Chemicals Inc. Diversion Control, Drug Enforcement and local laws, and a review of the Administration. company’s background and history. [FR Doc. 2012–15618 Filed 6–25–12; 8:45 am] Therefore, pursuant to 21 U.S.C. 823, Pursuant to § 1301.33(a), Title 21 of and in accordance with 21 CFR the Code of Federal Regulations (CFR), BILLING CODE 4410–09–P § 1301.33, the above named company is this is notice that on May 16, 2012, granted registration as a bulk Chattem Chemicals Inc., 3801 St. Elmo DEPARTMENT OF JUSTICE manufacturer of the basic classes of Avenue, Chattanooga, Tennessee 37409, controlled substances listed. made application by renewal to the Drug Enforcement Administration Drug Enforcement Administration Dated: June 18, 2012. (DEA) to be registered as a bulk Joseph T. Rannazzisi, manufacturer of the following basic Manufacturer of Controlled Deputy Assistant Administrator, Office of classes of controlled substances: Substances; Notice of Application; Diversion Control, Drug Enforcement Chemica Administration. Drug Schedule [FR Doc. 2012–15607 Filed 6–25–12; 8:45 am] Pursuant to § 1301.33(a), Title 21 of Gamma Hydroxybutyric Acid I BILLING CODE 4410–09–P the Code of Federal Regulations (CFR), (2010). 4-Methoxyamphetamine (7411) ... I this is notice that on May 4, 2012, Chemica, 316 West 130th Street, Los DEPARTMENT OF JUSTICE Dihydromorphine (9145) ...... I Amphetamine (1100) ...... II Angeles, California 90061, made Drug Enforcement Administration Methamphetamine (1105) ...... II application by renewal to the Drug Lisdexamfetamine (1205) ...... II Enforcement Administration (DEA) to Manufacturer of Controlled Methylphenidate (1724) ...... II be registered as a bulk manufacturer of Pentobarbital (2270) ...... II Methamphetamine (1105), a basic class Substances, Notice of Application, Codeine (9050) ...... II Cambridge Isotope Lab Dihydrocodeine (9120) ...... II of controlled substance listed in schedule II. Pursuant to § 1301.33(a), Title 21 of Oxycodone (9143) ...... II Hydromorphone (9150) ...... II the Code of Federal Regulations (CFR), The above listed controlled substance Hydrocodone (9193) ...... II is an intermediate in the manufacture of this is notice that on May 7, 2012, Meperidine (9230) ...... II Cambridge Isotope Lab, 50 Frontage Methadone (9250) ...... II Benzphetamine, a schedule III non- Road, Andover, Massachusetts 01810, Methadone intermediate (9254) ... II narcotic controlled substance. The made application by renewal to the Morphine (9300) ...... II methamphetamine will not be sold as a Drug Enforcement Administration Oripavine (9330) ...... II commercial product. The company (DEA) to be registered as a bulk Thebaine (9333) ...... II plans to utilize a bulk active manufacturer of Morphine (9300), a Opium tincture (9630) ...... II pharmaceutical ingredient (API), as an basic class of controlled substance listed Opium, powdered (9639) ...... II intermediate for the development of Opium, granulated (9640) ...... II in schedule II. Oxymorphone (9652) ...... II another controlled substance, and The company plans to utilize small Noroxymorphone (9668) ...... II further distribution to its customers. quantities of the listed controlled Alfentanil (9737) ...... II Any other such applicant, and any substance in the preparation of Remifentanil (9739) ...... II person who is presently registered with analytical standards. Sufentanil (9740) ...... II Any other such applicant, and any Tapentadol (9780) ...... II DEA to manufacture such substance, person who is presently registered with Fentanyl (9801) ...... II may file comments or objections to the DEA to manufacture such a substance, issuance of the proposed registration may file comments or objections to the The company plans to manufacture pursuant to 21 CFR 1301.33(a). issuance of the proposed registration the listed controlled substances in bulk Any such written comments or pursuant to 21 CFR 1301.33(a). for distribution and sale to its objections should be addressed, in Any such written comments or customers. Regarding (9640) the quintuplicate, to the Drug Enforcement objections should be addressed, in company plans to manufacture another Administration, Office of Diversion quintuplicate, to the Drug Enforcement controlled substance for sale to its Control, Federal Register Representative Administration, Office of Diversion customers. (ODL), 8701 Morrissette Drive, Any other such applicant, and any Control, Federal Register Representative Springfield, Virginia 22152; and must be (ODL), 8701 Morrissette Drive, person who is presently registered with filed no later than August 27, 2012. Springfield, Virginia 22152; and must be DEA to manufacture such substances, filed no later than August 27, 2012. may file comments or objections to the
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Dated: June 18, 2012. DEPARTMENT OF LABOR For many years, NIHL was regarded as Joseph T. Rannazzisi, an inevitable consequence of working in Deputy Assistant Administrator, Office of Office of the Secretary a mine. Mining, an intensely Diversion Control, Drug Enforcement mechanized industry, relies on drills, Agency Information Collection crushers, compressors, conveyors, Administration. Activities; Submission for OMB [FR Doc. 2012–15619 Filed 6–25–12; 8:45 am] trucks, loaders, and other heavy-duty Review; Comment Request; equipment for the excavation, haulage, BILLING CODE 4410–09–P Occupational Noise Exposure and processing of material. This equipment creates high sound levels, ACTION: Notice. DEPARTMENT OF JUSTICE exposing machine operators as well as SUMMARY: The Department of Labor miners working nearby. The MSHA, Drug Enforcement Administration (DOL) is submitting the Mine Safety and Occupational Safety and Health Health Administration (MSHA) Administration, military, and other Manufacturer of Controlled sponsored Information Collection organizations around the world have Substances; Notice of Application; ISP Request (ICR) titled, ‘‘Occupational established and enforced standards to Inc. Noise Exposure,’’ to the Office of reduce the loss of hearing. Quieter Management and Budget (OMB) for equipment, isolation of workers from Pursuant to § 1301.33(a), Title 21 of review and approval for continued use noise sources, and limiting the time the Code of Federal Regulations (CFR), in accordance with the Paperwork workers are exposed to noise are among this is notice that on April 30, 2012, ISP Reduction Act (PRA) of 1995 (44 U.S.C. the many well-accepted methods that Inc., 238 South Main Street, Assonet, 3501 et seq.). will prevent the costly incidence of NIHL. Massachusetts 02702, made application DATES: Submit comments on or before July 26, 2012. Records of miner exposures to noise by renewal to the Drug Enforcement are necessary so that mine operators and Administration (DEA) as a bulk ADDRESSES: A copy of this ICR with applicable supporting documentation; the MSHA can evaluate the need for and manufacturer of the basic classes of effectiveness of engineering controls, controlled substances: including a description of the likely respondents, proposed frequency of administrative controls, and personal protective equipment to protect miners Drug Schedule response, and estimated total burden may be obtained from the RegInfo.gov from harmful levels of noise that can Web site, http://www.reginfo.gov/ result in hearing loss. However, the 2,5-Dimethoxyamphetamine I Agency believes that extensive records (7396). public/do/PRAMain, on the day for this purpose are not needed. These Amphetamine (1100) ...... II following publication of this notice or Phenylacetone (8501) ...... II by contacting Michel Smyth by requirements are a performance- telephone at 202–693–4129 (this is not oriented approach to monitoring. a toll-free number) or sending an email Records of miner hearing examinations The company plans to manufacture _ _ enable mine operators and the MSHA to bulk API, for distribution to its to DOL PRA [email protected]. Submit comments about this request ensure that the controls are effective in customers. The bulk 2,5- to the Office of Information and preventing NIHL for individual miners. Dimethoxyamphetamine will be used Regulatory Affairs, Attn: OMB Desk Records of training are needed to for conversion into non-controlled Officer for DOL–MSHA, Office of confirm that miners receive the substances. Management and Budget, Room 10235, information they need to become active Any other such applicant, and any New Executive Office Building, participants in hearing conservation person who is presently registered with Washington, DC 20503, Telephone: efforts. These information collections are DEA to manufacture such substances, 202–395–6929/Fax: 202–395–6881 subject to the PRA. A Federal agency may file comments or objections to the (these are not toll-free numbers), email: [email protected]. generally cannot conduct or sponsor a issuance of the proposed registration collection of information, and the public FOR FURTHER INFORMATION CONTACT: pursuant to 21 CFR 1301.33(a). is generally not required to respond to Any such written comments or Contact Michel Smyth by telephone at an information collection, unless it is 202–693–4129 (this is not a toll-free objections should be addressed, in approved by the OMB under the PRA number) or by email at and displays a currently valid OMB quintuplicate, to the Drug Enforcement [email protected]. Administration, Office of Diversion Control Number. In addition, Control, Federal Register Representative SUPPLEMENTARY INFORMATION: Noise is a notwithstanding any other provisions of (ODL), 8701 Morrissette Drive, harmful physical agent and one of the law, no person shall generally be subject Springfield, Virginia 22152; and must be most pervasive health hazards in to penalty for failing to comply with a mining. Repeated exposure to high filed no later than August 27, 2012. collection of information if the levels of sound over time causes collection of information does not Dated: June 18, 2012. occupational noise-induced hearing loss display a valid OMB Control Number. Joseph T. Rannazzisi, (NIHL), a serious, often profound See 5 CFR 1320.5(a) and 1320.6. The Deputy Assistant Administrator, Office of physical impairment in mining, with DOL obtains OMB approval for this Diversion Control, Drug Enforcement far-reaching psychological and social information collection under OMB Administration. effects. NIHL can be distinguished from Control Number 1219–0120. The current [FR Doc. 2012–15617 Filed 6–25–12; 8:45 am] aging and other factors that can OMB approval is scheduled to expire on BILLING CODE 4410–09–P contribute to hearing loss and it can be June 30, 2012; however, it should be prevented. According to the National noted that existing information Institute for Occupational Safety and collection requirements submitted to the Health, NIHL is among the top ten OMB receive a month-to-month leading occupational illnesses and extension while they undergo review. injuries. For additional information, see the
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related notice published in the Federal OFFICE OF MANAGEMENT AND Questions,’’ IPEC seeks written Register on March 22, 2012 (77 FR BUDGET submissions from the public to assist 16865). IPEC and agencies in the development Development of the Joint Strategic Interested parties are encouraged to of specific action items. Responses to Plan on Intellectual Property this request for comments may be send comments to the OMB, Office of Enforcement; Request of the U.S. directed to either, or both, of the two Information and Regulatory Affairs at Intellectual Property Enforcement sections described above. the address shown in the ADDRESSES Coordinator for Public Comments DATES: Submissions must be received on section within 30 days of publication of or before July 25, 2012, at 5 p.m. this notice in the Federal Register. In AGENCY: Office of the U.S. Intellectual ADDRESSES: All submissions should be order to help ensure appropriate Property Enforcement Coordinator, electronically submitted to http:// consideration, comments should Executive Office of the President. www.regulations.gov. If you are unable mention OMB Control Number 1219– ACTION: Request for written submissions from the public. to provide submissions to 0120. The OMB is particularly regulations.gov, you may contact the interested in comments that: SUMMARY: The Federal Government is Office of the U.S. Intellectual Property • Evaluate whether the proposed starting the process of developing a new Enforcement Coordinator at collection of information is necessary Joint Strategic Plan on Intellectual [email protected] using for the proper performance of the Property Enforcement. By committing to the subject line ‘‘Development of the functions of the agency, including common goals, the U.S. Government Joint Strategic Plan on Intellectual whether the information will have will more effectively and efficiently Property Enforcement’’ or (202) 395– practical utility; combat intellectual property 1808 to arrange for an alternate method of transmission. The regulations.gov • Evaluate the accuracy of the infringement. In this request for Web site is a Federal E-Government agency’s estimate of the burden of the comments, the U.S. Government, Web site that allows the public to find, proposed collection of information, through the Office of the U.S. Intellectual Property Enforcement review and submit comments on including the validity of the Coordinator (‘‘IPEC’’), invites public documents that have published in the methodology and assumptions used; input and participation in shaping the Federal Register and that are open for • Enhance the quality, utility, and Administration’s intellectual property comment. Submissions filed via the clarity of the information to be enforcement strategy. regulations.gov Web site will be collected; and The Office of the U.S. Intellectual available to the public for review and • Minimize the burden of the Property Enforcement Coordinator was inspection. For this reason, please do collection of information on those who established within the Executive Office not include in your comments are to respond, including through the of the President pursuant to the information of a confidential nature, such as sensitive personal information use of appropriate automated, Prioritizing Resources and Organization or proprietary business information. electronic, mechanical, or other for Intellectual Property Act of 2008, Public Law 110–403 (Oct. 13, 2008) (the FOR FURTHER INFORMATION CONTACT: technological collection techniques or ‘‘PRO IP Act’’). Pursuant to the PRO IP Office of the U.S. Intellectual Property other forms of information technology, Act, IPEC is charged with developing Enforcement Coordinator, at e.g., permitting electronic submission of the Administration’s Joint Strategic Plan [email protected] or responses. on Intellectual Property Enforcement for (202) 395–1808. Agency: DOL–MSHA. submission to Congress every three SUPPLEMENTARY INFORMATION: Through Title of Collection: Occupational years. In carrying out this mandate, the PRO IP Act, Congress established Noise Exposure. IPEC chairs an interagency intellectual the IPEC, to serve as the lead office property enforcement advisory within the Executive Office of the OMB Control Number: 1219–0120. committee comprised of Federal President responsible for formulating Affected Public: Private Sector— departmental and agency heads whose and implementing a Joint Strategic Plan Businesses or other for-profits. respective departments and agencies are to improve the effectiveness of the U.S. Total Estimated Number of involved in intellectual property Government’s efforts to protect the Respondents: 13,245. enforcement. rights of intellectual property owners This request for comments and and to reduce the costs of and threats Total Estimated Number of recommendations as IPEC develops a posed by intellectual property Responses: 207,633. new enforcement strategy is divided infringement, in the U.S. and in other Total Estimated Annual Burden into three parts. In the first section titled countries. IPEC seeks public input, in Hours: 14,289. ‘‘Strategy Recommendations,’’ IPEC the form of written comments, on the Total Estimated Annual Other Costs requests detailed recommendations formulation of a Joint Strategic Plan and from the public regarding specific Burden: $34,327. on the U.S. Government’s intellectual recommendations for improving the property enforcement efforts. Dated: June 20, 2012. U.S. Government’s intellectual property Michel Smyth, enforcement efforts. In the second I. Strategy Recommendations Departmental Clearance Officer. section titled ‘‘Threat Assessment,’’ IPEC requests written submissions [FR Doc. 2012–15503 Filed 6–25–12; 8:45 a.m.] IPEC seeks written submissions from the from the public that provide specific public regarding existing and emerging recommendations for significantly BILLING CODE 4510–43–P threats to the protection of intellectual improving the U.S. Government’s property rights and the identification of intellectual property enforcement threats to public health and safety and efforts. Important to the development of the U.S. economy resulting from an effective enforcement strategy, is intellectual property infringement. In ensuring that any approaches that are the third section titled ‘‘Optional considered to be particularly effective as
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well as any concerns with the present Submissions directed at the economic 6. When goods are imported into the approach to intellectual property costs resulting from violations of United States, U.S. Customs and Border enforcement are understood by intellectual property rights must clearly Protection (‘‘CBP’’) and other federal policymakers. Recommendations may identify: (1) The type of intellectual agencies charged with enforcing include, but need not be limited to: property protection at issue, e.g., intellectual property rights and ensuring Legislation, regulation, guidance, trademark, copyright, patent, trade the safety of products entering the executive order, Presidential secret or other (2) the methodology used stream commerce, e.g., U.S. Food and memoranda, or other executive action, in calculating the estimated costs and Drug Administration and the Consumer including, but not limited to, changes to any critical assumptions relied upon, (3) Product Safety Commission, engage in a agency policies, practices or methods. identify the source of the data on which risk-based assessment of the level of risk Recommendations should include a the cost estimates are based, and (4) that a shipment contains violative detailed description that addresses the provide a copy of, or a citation to, each goods., and decides whether to inspect following points: Issue, agencies such source of information. the shipment based on this risk necessary to address the issue, and Submissions directed at the economic determination. What steps can federal recommendation for addressing the costs resulting from enforcement of agencies and the private sector take to issue identified. If a submission intellectual property rights must clearly improve the risk assessment process so includes multiple recommendations, identify: (1) The type of intellectual that high risk shipments may be quickly IPEC requests that the submission rank property protection at issue, e.g., identified and segmented from lower the recommendations in order of trademark, copyright, patent, trade risk shipments? priority. secret or other (2) the methodology used 7. What authentication tools and track In addition to the foregoing general in calculating the estimated costs and and trace technologies would request, IPEC is seeking information any critical assumptions relied upon, (3) significantly enhance federal efforts to and/or recommendations in response to identify the source of the data on which identify suspect counterfeit or pirated the questions set out in section III below the cost estimates are based, and (4) goods? to assist IPEC in developing new provide a copy of, or a citation to, each 8. In a global economy that enforcement strategy action items that such source of information. increasingly utilizes Internet based e- further the priorities identified in the Submissions directed at threats to commerce and mobile platforms for Joint Strategic Plan. The submission of public health or safety must: (1) Include transactions, the number of shipments responses to one or more of the a detailed description of the threat, (2) sent through international mail and questions in section III is entirely identify the source of the information express carrier services has dramatically optional. demonstrating the existence of the grown in recent years. Accordingly, law II. Threat Assessment threat, and (3) provide a copy of, or a enforcement efforts directed at citation to, each such source of interdicting infringing goods shipped in Emerging and Future Threats information. the express and international mail The issues, threats and challenges that III. Optional Questions environments have resulted in pertain to ensuring adequate and significant increases to seizure levels of 1. How can international regulatory appropriate enforcement of intellectual infringing goods shipped through these and law enforcement collaboration and property are changing rapidly. Since the modes of transit. What steps could be information sharing be enhanced to inaugural Joint Strategic Plan was undertaken by CBP, its partner U.S. address cross-border intellectual released in June 2010, new threats have Government agencies, and the private property infringement? emerged that warrant inclusion among sector to further improve detection of 2. What legal or operational changes the priorities identified in the express carrier and international mail might be made, or collaborative steps forthcoming Joint Strategic Plan. shipments containing infringing goods? Therefore, IPEC welcomes information undertaken between federal agencies and the private sector, to streamline or 9. Are there ways in which CBP could pertaining to and, to the extent improve its intellectual property rights practicable, recommendations for improve the efficacy of enforcement efforts directed at protecting intellectual e-recordation system to enhance ease of combating emerging or future threats to use and make it a more useful tool for American innovation and economic property rights? 3. What measures can be taken by the intellectual property rights competitiveness posed by violations of enforcement? intellectual property rights over the next private sector to share actionable five to ten years. information on entities engaging in or 10. As laid out in IPEC’s 2011 Annual supporting infringement of intellectual Report on Intellectual Property Threats to Health and Safety and the property rights? Enforcement, using our resources as U.S. Economy a. To the extent necessary, what efficiently as possible is a priority. Are IPEC seeks written submissions from government safeguards and conditions there additional ways in which the U.S. the public identifying the costs to the would be useful to facilitate sharing of Government could make more efficient U.S. economy resulting from such information? use of its resources in protecting infringement of intellectual property 4. What information developed from intellectual property? rights, both direct and indirect, law enforcement and intelligence Background including any impact on the creation or community threat assessments would be maintenance of jobs. In addition, IPEC beneficial to the private sector in order The 2010 Joint Strategic Plan as well seeks written submissions identifying to mitigate the risk of trade secret theft as information describing a number of threats to public health and safety posed and economic espionage? intellectual property enforcement by intellectual property infringement, in 5. What additional measures by the initiatives led by the Office of the U.S. the U.S. and internationally. IPEC also U.S. Government would most Intellectual Property Enforcement welcomes submissions on the economic significantly enhance efforts to combat Coordinator can be found at http:// costs of enforcing intellectual property trade secret theft and economic www.whitehouse.gov/omb/ rights. espionage? intellectualproperty.
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As set forth by the PRO IP Act, the NATIONAL AERONAUTICS AND written comments should be limited to objectives of the Joint Strategic Plan SPACE ADMINISTRATION the subject of safety in NASA. Any member of the public desiring to attend include: [Notice 12–044] • Reducing the supply of infringing the ASAP 2012 3rd Quarterly Meeting at goods, domestically and internationally; Aerospace Safety Advisory Panel; the Kennedy Space Center Visitor Complex must provide their full name • Meeting. Identifying weaknesses, duplication and company affiliation (if applicable) of efforts, waste, and other unjustified AGENCY: National Aeronautics and to Susan Burch at impediments to effective enforcement Space Administration (NASA). [email protected] by July 13, 2012. actions; ACTION: Notice of meeting. Upon arrival at the Kennedy Space • Promoting information sharing Center Visitor Complex, pre-registered SUMMARY: In accordance with the between participating agencies to the public attendees will be given a ticket Federal Advisory Committee Act, Public extent permissible by law; permitting access to the public meeting. Law 92–463, as amended, the National • Please arrive at least 15 minutes in Disrupting and eliminating Aeronautics and Space Administration advance to process through security. It infringement networks in the U.S. and announces a forthcoming meeting of the is imperative that the meeting be held in other countries; Aerospace Safety Advisory Panel. on this date to accommodate the • Strengthening the capacity of other DATES: Friday, July 20, 2012, 11:30 a.m. scheduling priorities of the key countries to protect and enforce to 12:30 p.m. EDT. participants. ADDRESSES: Kennedy Space Center intellectual property rights; Patricia D. Rausch, • Reducing the number of countries Visitor Complex, Debus Center, SR 405, Kennedy Space Center, FL 32899. Advisory Committee Management Officer, that fail to enforce intellectual property National Aeronautics and Space rights; FOR FURTHER INFORMATION CONTACT: Ms. Administration. Harmony Myers, Aerospace Safety • Assisting other countries to more [FR Doc. 2012–15546 Filed 6–25–12; 8:45 am] Advisory Panel Executive Director, BILLING CODE 7510–13–P effectively enforce intellectual property National Aeronautics and Space rights; Administration, Washington, DC 20546, • Protecting intellectual property (202) 358–1857. NATIONAL AERONAUTICS AND rights in other countries by: SUPPLEMENTARY INFORMATION: The SPACE ADMINISTRATION Æ Aerospace Safety Advisory Panel Working with other countries to [Notice 12–045] reduce intellectual property crimes in (ASAP) will hold its 3rd Quarterly other countries; Meeting for 2012. This discussion is NASA Advisory Council; Science pursuant to carrying out its statutory Æ Improving information sharing Committee; Astrophysics duties for which the Panel reviews, Subcommittee; Meeting between law enforcement agencies in identifies, evaluates, and advises on the U.S. and in other countries; and those program activities, systems, AGENCY: National Aeronautics and Æ Establishing procedures for procedures, and management activities Space Administration. consulting with interested groups that can contribute to program risk. ACTION: Notice of meeting. within other countries; Priority is given to those programs that • involve the safety of human flight. The SUMMARY: In accordance with the Establishing programs to enhance Federal Advisory Committee Act, Public the enforcement efforts of foreign agenda will include: • Updates on the Space Launch Law 92–463, as amended, the National governments by providing training and System Aeronautics and Space Administration technical assistance designed to: • Updates on the Multi-Purpose Crew (NASA) announces a meeting of the Æ Enhance the efficiencies and Vehicle Astrophysics Subcommittee (APS) of minimize the duplication of U.S. • Updates on the Commercial Crew the NASA Advisory Council (NAC). Government training and assistance Program This Subcommittee reports to the efforts; • Kennedy Space Center Safety Science Committee of the NAC. The meeting will be held for the purpose of Æ Prioritize deployment of U.S. Program Overview • NASA Responses to ASAP soliciting from the scientific community Government resources to those Recommendations and other persons, scientific and countries in which programs can be The meeting will be open to the technical information relevant to carried out most effectively and will public up to the seating capacity of the program planning. have the greatest impact on reducing the room. Seating will be on a first-come DATES: Monday, July 30, 2012, 9 a.m. to number of infringing products in the basis. Visitors will be requested to sign 5 p.m., and Tuesday, July 31, 2012, 9 relevant U.S. market, protecting the a visitor’s register. Photographs will a.m. to 4 p.m., local time. intellectual property rights of U.S. rights only be permitted during the first 10 ADDRESSES: NASA Headquarters, 300 E holders, and protecting the interests of minutes of the meeting. During the first U.S. persons otherwise harmed by Street SW., Room 7H45, Washington, 30 minutes of the meeting, members of DC 20546. infringements in other countries. the public may make a 5-minute verbal FOR FURTHER INFORMATION CONTACT: Ms. Victoria A. Espinel, presentation to the Panel on the subject of safety in NASA. To do so, please Marian Norris, Science Mission United States Intellectual Property contact Ms. Susan Burch at Directorate, NASA Headquarters, Enforcement Coordinator, Executive Office of [email protected] at least 48 hours Washington, DC 20546, (202) 358–4452, the President. in advance. Any member of the public fax (202) 358–4118, or [FR Doc. 2012–15477 Filed 6–25–12; 8:45 am] is permitted to file a written statement [email protected]. BILLING CODE P with the Panel at the time of the SUPPLEMENTARY INFORMATION: The meeting. Verbal presentations and meeting will be open to the public up
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to the capacity of the room. This NATIONAL AERONAUTICS AND license to enter into GSFC and must meeting will also be available SPACE ADMINISTRATION state that they are attending the NAC telephonically and by WebEx. Any Aeronautics Committee meeting in [Notice: 12–047] interested person may call the USA toll Building 34. All U.S. citizens desiring to free conference call number 888–889– NASA Advisory Council; Aeronautics attend the committee meeting at NASA 2033, pass code APS, to participate in Committee; Meeting. GSFC must provide their full name, this meeting by telephone. The WebEx company affiliation (if applicable), to link is https://nasa.webex.com, meeting AGENCY: National Aeronautics and the GSFC Protective Services Division number on July 30 is 996 295 414, and Space Administration. no later than the close of business on password APS@30July2012; the meeting ACTION: Notice of meeting. July 16, 2012. Public attendees with number on July 31 is 995 710 978, and U.S. citizenship must provide to NASA SUMMARY: password APS@31July2012. The agenda In accordance with the the following information: Full name; Federal Advisory Committee Act, Public for the meeting includes the following gender; date/place of birth; social Law 92-463, as amended, the National topics: security number employer/affiliation Aeronautics and Space Administration information (name of institution, title/ —Astrophysics Division Update announces a meeting of the Aeronautics position, address, telephone, email —James Webb Space Telescope Update Committee of the NASA Advisory Council (NAC). The meeting will be address); and the title/position of —Wide-Field Infrared Survey Telescope held for the purpose of soliciting, from attendee at least 4 working days in Report the aeronautics community and other advance of the meeting to Deborah —X-ray and Gravitational Waves persons, research and technical Brasel via email at Studies Reports information relevant to program [email protected] or by telephone at 301–286–6876. Public —Nuclear Spectroscopic Telescope planning. attendees that are Foreign Nationals Array Launch Update DATE: Tuesday, July 24, 2012, 8 a.m. to must provide to NASA the following 3 p.m. local time. It is imperative that the meeting be information: Full name; gender; date/ held on these dates to accommodate the ADDRESSES: NASA Goddard Space place of birth; citizenship; social scheduling priorities of the key Flight Center (GSFC), Building 34, security number; green card information Room 120B, 8800 Greenbelt Road, participants. Attendees will be (resident alien number, expiration date); Greenbelt, MD 20771–0001. (Note that requested to sign a register and to visa information (number, type, visitors will first need to go to the GSFC comply with NASA security Main Gate to gain access.) expiration date); passport information requirements, including the (number, country of issue, expiration FOR FURTHER INFORMATION CONTACT: Ms. presentation of a valid picture ID, before date); employer/affiliation information Susan L. Minor, Executive Secretary for receiving an access badge. Foreign (name of institution, title/position, the Aeronautics Committee, National nationals attending this meeting will be address, country of employer, Aeronautics and Space Administration required to provide a copy of their Headquarters, Washington, DC 20546, telephone, email address); and the title/ passport, visa, or green card in addition (202) 358–0566, or position of attendee no less than 8 to providing the following information [email protected]. working days (July 11, 2012) prior to the no less than 10 working days prior to meeting to Deborah Brasel via email at the meeting: full name; gender; date/ SUPPLEMENTARY INFORMATION: The [email protected] or by place of birth; citizenship; visa agenda for the meeting includes the telephone at 301–286–6876. If the above information (number, type, expiration following topics: information is not received by the noted • Unmanned Aircraft Systems (UAS) date); passport information (number, dates, attendees should expect a Subcommittee Outbrief country, expiration date); employer/ minimum delay of two (2) hours. All • National Aeronautics Research affiliation information (name of visitors to this meeting will report to the Agenda institution, address, country, • Next-Generation Air Transportation GSFC Main Gate where they will be telephone); title/position of attendee, System Research and Development processed through security prior to and an electronically scanned or faxed Activities entering GSFC. Public attendees will be copy of their passport and visa. To • Non-traditional International required to sign a register and to comply expedite admittance, attendees with Partner engagement/International with NASA security requirements, U.S. citizenship or a green card may Forum for Aviation Research update including the presentation of a valid provide their full name, company • NASA Aeronautics Research State or Federal issued picture ID or affiliation (if applicable), and Mission Directorate Education and passport, before receiving an access citizenship 3 working days in advance Public Outreach activities badge. For security questions on the day by contacting Marian Norris via email at The meeting will be open to the of the meeting, please call Debbie Brasel [email protected] or by telephone at public up to the capacity of the room. at 301–286–6876 or email (202) 358–4452. Any person interested in participating [email protected]. in the meeting by Webex and telephone Patricia D. Rausch, should contact Ms. Susan L. Minor at Patricia D. Rausch, Advisory Committee Management Officer, (202) 358–0566 for the web link, toll- Advisory Committee Management Officer, National Aeronautics and Space free number and passcode. It is National Aeronautics and Space Administration. imperative that these meetings be held Administration. [FR Doc. 2012–15547 Filed 6–25–12; 8:45 am] on this date to accommodate the [FR Doc. 2012–15549 Filed 6–25–12; 8:45 am] BILLING CODE 7510–13–P scheduling priorities of the key BILLING CODE 7510–13–P participants. Visitors will need to show valid picture identification such as a driver’s
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NATIONAL AERONAUTICS AND than the close of business July 16, 2012. Headquarters, Washington, DC 20546, SPACE ADMINISTRATION Foreign Nationals must provide the (202) 358–1807, fax (202) 358–3017, or following information: full name, [Notice 12–049] [email protected]. gender, date/place of birth, citizenship, SUPPLEMENTARY INFORMATION: The NASA Advisory Council; Education home address, visa information (number, type, expiration date), meeting will be open to the public up and Public Outreach Committee; to the capacity of the room. This Meeting passport information (number, country of issue, expiration date), employer/ meeting is also available telephonically. AGENCY: National Aeronautics and affiliation information (name of Any interested person may call the USA Space Administration. institution, title/position, address, toll free conference call number (866) ACTION: Notice of meeting. country of employer, telephone, email 818–0788, participant pass code address), and an electronically scanned 9453583, to participate in this meeting SUMMARY: In accordance with the or faxed copy of their passport and visa by telephone. The agenda for the Federal Advisory Committee Act, Public to Debbie Brasel via email at meeting includes the following topics: Law 92–463, as amended, the National [email protected], no later • NASA’s role in the Cross-Agency Aeronautics and Space Administration than close of business July 11, 2012. If Big Data Federal Initiative. announces a meeting of the Education the above information is not received by • and Public Outreach Committee of the the noted dates, attendees should expect Discussion on report to the NASA NASA Advisory Council (NAC). a minimum delay of two (2) hours. All Advisory Council. DATES: Tuesday, July 24, 2012, 8:30 visitors to this meeting will report to the It is imperative that the meeting be a.m.–2:45 p.m., local time. GSFC Main Gate where they will be held on these dates to accommodate the ADDRESSES: NASA Goddard Space processed through security prior to scheduling priorities of the key Flight Center (GSFC), Building 34, entering GSFC. For security questions participants. All attendees will be Room 120A, 8800 Greenbelt Road, on the day of the meeting, please call requested to sign a register and to Greenbelt, MD 20771. Debbie Brasel at (301) 286–6876 or comply with NASA security email [email protected]. FOR FURTHER INFORMATION CONTACT: This requirements. Visitors must show a meeting will also take place Patricia D. Rausch, valid State or Federal issued picture ID, telephonically and via WebEx. Any Advisory Committee Management Officer, green card, or passport, before receiving interested person should contact Ms. National Aeronautics and Space an access badge to enter into GFSC and Erika G. Vick, Executive Secretary for Administration. must state that they are attending the the Education and Public Outreach [FR Doc. 2012–15572 Filed 6–25–12; 8:45 am] NAC Information Technology Committee, National Aeronautics and BILLING CODE 7510–13–P Infrastructure Committee meeting in Space Administration, Washington, DC Building 28. All U.S. citizens and green 20546, at [email protected], no card holders desiring to attend must later than 4 p.m., local time, July 20, NATIONAL AERONAUTICS AND provide their full name, company 2012, to get further information about SPACE ADMINISTRATION affiliation (if applicable), and participating via teleconference and/or [Notice 12–048] citizenship to Karen Harper via email at WebEx. [email protected] or by SUPPLEMENTARY INFORMATION: The NASA Advisory Council; Information telephone at (202) 358–1807 no later agenda for the meeting includes the Technology Infrastructure Committee; than the close of business July 16, 2012. following topics: Meeting Foreign Nationals must provide the —NASA Goddard Space Flight Center AGENCY: National Aeronautics and following information: full name, Education/Public Outreach Space Administration. gender, date/place of birth, citizenship, Presentations ACTION: Notice of meeting. home address, visa information —Joint Aeronautics-Education/Public (number, type, expiration date), Outreach Committee Meeting SUMMARY: In accordance with the passport information (number, country The meeting will be open to the Federal Advisory Committee Act, Public of issue, expiration date), employer/ public up to the seating capacity of the Law 92–462, as amended, the National affiliation information (name of room. It is imperative that the meeting Aeronautics and Space Administration institution, title/position, address, be held on this date to accommodate the (NASA) announces a meeting of the country of employer, telephone, email scheduling priorities of the key Information Technology Infrastructure address), and an electronically scanned Committee of the NASA Advisory participants. All attendees will be or faxed copy of their passport and visa Council (NAC). This Committee reports requested to sign a register and to to Karen Harper via email at to the NAC. The meeting will be held comply with NASA security [email protected] or by fax at requirements. Visitors must show a for the purpose of soliciting from the information technology community and (202) 358–3017 no later than close of valid State or Federal issued picture ID, business July 11, 2012. If the above green card, or passport, before receiving other persons, IT-related information relevant to program planning. information is not received by the noted an access badge to enter into GSFC and dates, attendees should expect a must state that they are attending the DATES: Tuesday, July 24, 2012, 8:30 a.m. to 12 p.m., local time. minimum delay of two (2) hours. All NAC’s Education and Public Outreach visitors to this meeting will report to the Committee meeting in Building 34. All ADDRESSES: NASA Goddard Space GSFC Main Gate where they will be U.S. citizens and green card holders Flight Center (GSFC), Building 28, processed through security prior to desiring to attend must provide their Room E210, 8800 Greenbelt Road, entering GSFC. For security questions full name, company affiliation (if Greenbelt, MD 20771. on the day of the meeting, please call applicable), and citizenship to Debbie FOR FURTHER INFORMATION CONTACT: Ms. Brasel at (301) 286–6876 or email Karen Harper, Office of the Chief [email protected], no later Information Officer, NASA
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Debbie Brasel at (301) 286–6876 or Committee on the Mars Program SUMMARY: Pursuant to section 10(a)(2) of email [email protected]. Planning Group and Joint Robotics the Federal Advisory Committee Act (5 Precursor Activities U.S.C. App.), notice is hereby given that Patricia D. Rausch, It is imperative that the meeting be the National Council on the Humanities Advisory Committee Management Officer, will meet for the following purposes: to National Aeronautics and Space held on these dates to accommodate the Administration. scheduling priorities of the key advise the Chairman of the National Endowment for the Humanities (NEH) [FR Doc. 2012–15571 Filed 6–25–12; 8:45 am] participants. All attendees will be with respect to policies, programs and BILLING CODE 7510–13–P requested to sign a register and to comply with NASA security procedures for carrying out his requirements. Visitors must show a functions; to review applications for NATIONAL AERONAUTICS AND valid State or Federal issued picture ID, financial assistance under the National SPACE ADMINISTRATION green card, or passport, before receiving Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951–960, as [Notice 12–046] an access badge to enter into GSFC and must state that they are attending the amended) and make recommendations thereon to the Chairman; and to NASA Advisory Council; Science NAC’s Science Committee meeting in consider gifts offered to NEH and make Committee; Meeting Building 1. All U.S. citizens and green card holders desiring to attend must recommendations thereon to the AGENCY: National Aeronautics and provide their full name, company Chairman. Space Administration. affiliation (if applicable), and DATES: The meeting will be held on ACTION: Notice of meeting. citizenship to Marian Norris via email at Thursday and Friday, July 12–13, 2012, [email protected] or by telephone at SUMMARY: In accordance with the each day from 9 a.m. until adjourned. Federal Advisory Committee Act, Public (202) 358–4452 no later than the close ADDRESSES: The meeting will be held at Law 92–462, as amended, the National of business July 16, 2012. Foreign the Old Post Office Building, 1100 Aeronautics and Space Administration Nationals must provide the following Pennsylvania Ave. NW., Washington, (NASA) announces a meeting of the information: full name, gender, date/ DC 20506. See SUPPLEMENTARY Science Committee of the NASA place of birth, citizenship, home INFORMATION section for room numbers. address, visa information (number, type, Advisory Council (NAC). This FOR FURTHER INFORMATION CONTACT: expiration date), passport information Committee reports to the NAC. The Lisette Voyatzis, Committee (number, country of issue, expiration meeting will be held for the purpose of Management Officer, 1100 Pennsylvania date), employer/affiliation information soliciting, from the scientific Ave. NW., Room 529, Washington, DC (name of institution, title/position, community and other persons, scientific 20506, or call (202) 606–8322. Hearing- address, country of employer, and technical information relevant to impaired individuals are advised that telephone, email address), and an program planning. information on this matter may be electronically scanned or faxed copy of DATES: Monday, July 23, 2012, 8:30 a.m. obtained by contacting the National their passport and visa to Marian Norris to 5 p.m., and Tuesday, July 24, 2012, Endowment for the Humanities’ TDD via email at [email protected] or by fax 8:30 a.m. to 2:30 p.m., local time. terminal at (202) 606–8282. Advance at (202) 358–4118 no later than close of ADDRESSES: notice of any special needs or NASA Goddard Space business July 11, 2012. If the above Flight Center (GSFC), Building 1, Room accommodations is appreciated. information is not received by the noted E100E, 8800 Greenbelt Road, Greenbelt, dates, attendees should expect a SUPPLEMENTARY INFORMATION: The MD 20771. minimum delay of two (2) hours. All Committee meetings of the National FOR FURTHER INFORMATION CONTACT: Ms. visitors to this meeting will report to the Council for the Humanities will be held Marian Norris, Science Mission GSFC Main Gate where they will be on July 12, 2012, as follows: the policy Directorate, NASA Headquarters, processed through security prior to discussion session (open to the public) Washington, DC 20546, (202) 358–4452, entering GSFC. For security questions will convene at 9 a.m. until fax (202) 358–4118, or on the day of the meeting, please call approximately 10:30 a.m., followed by [email protected]. Debbie Brasel at (301) 286–6876 or the discussion of specific grant SUPPLEMENTARY INFORMATION: The email [email protected]. applications and programs before the meeting will be open to the public up Council (closed to the public) from to the capacity of the room. This Patricia D. Rausch, 10:30 a.m. until adjourned. meeting is also available telephonically Advisory Committee Management Officer, Challenge Grants & Federal/State and by WebEx. Any interested person National Aeronautics and Space Partnership: Room 507. Administration. may call the USA toll free conference Digital Humanities: Room 402. call number (800) 369–1786, pass code [FR Doc. 2012–15548 Filed 6–25–12; 8:45 am] Education Programs: Room M–07. Science Committee, to participate in BILLING CODE 7510–13–P Preservation and Access: Room 415. this meeting by telephone. The WebEx Public Programs: Room 421. link is https://nasa.webex.com/, the Research Programs: Room 315. meeting number on July 23 is 990 388 In addition, the Jefferson Lecture/ NATIONAL FOUNDATION ON THE 822, and the password is SC@July23; the National Humanities Medal Committee ARTS AND THE HUMANITIES meeting number on July 24 is 992 625 (closed to the public) will meet from 2 699, and the password is SC@July24. Meeting of National Council on the p.m. until 3:30 p.m. in Room 527. The agenda for the meeting includes the Humanities The Plenary Session of the National following topics: Council for the Humanities will —Science Mission Directorate Overview AGENCY: National Endowment for the convene on July 13, 2012 at 9 a.m. in and Program Status Humanities, National Foundation on the Room M–09. The agenda for the —Subcommittee Reports Arts and the Humanities. morning session (open to the public) —Joint Session with the NAC’s Human will be as follows: ACTION: Notice of meeting. Exploration and Operations A. Minutes of the Previous Meeting.
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B. Reports. NUCLEAR REGULATORY I. Accessing Information and 1. Introductory Remarks. COMMISSION Submitting Comments 2. Panel Presentation with Dr. Jeffrey A. Accessing Information [NRC–2012–0143] Bolster, Associate Professor at the Please refer to Docket ID NRC–2012– University of New Hampshire, and Biweekly Notice; Applications and 0143 when contacting the NRC about Gregory White, Qualified Member of the Amendments to Facility Operating the availability of information regarding Engine Department—Oiler, on ‘‘The Licenses and Combined Licenses this document. You may access Story of Black Jacks: African American Involving No Significant Hazards information related to this document, Seamen in the Age of Sail and a Considerations which the NRC possesses and is Washington Prisoner.’’ publicly available, by the following Background 3. Presentation by Judith Havemann, methods: Director of the NEH Office of Pursuant to Section 189a.(2) of the • Federal Rulemaking Web Site: Go to Communications, on ‘‘Nine Things You Atomic Energy Act of 1954, as amended http://www.regulations.gov and search Need to Know about the New NEH Web (the Act), the U.S. Nuclear Regulatory for Docket ID NRC–2012–0143. site.’’ Commission (the Commission or NRC) • NRC’s Agencywide Documents 4. Staff Report. is publishing this regular biweekly Access and Management System notice. The Act requires the (ADAMS): You may access publicly 5. Congressional Report. Commission publish notice of any available documents online in the NRC 6. Reports on Policy and General amendments issued, or proposed to be Library at http://www.nrc.gov/reading- Matters. issued and grants the Commission the rm/adams.html. To begin the search, a. Challenge Grants & Federal/State authority to issue and make select ‘‘ADAMS Public Documents’’ and Partnership. immediately effective any amendment then select ‘‘Begin Web-based ADAMS to an operating license or combined Search.’’ For problems with ADAMS, b. Digital Humanities. license, as applicable, upon a please contact the NRC’s Public c. Education Programs. determination by the Commission that Document Room (PDR) reference staff at d. Preservation and Access. such amendment involves no significant 1–800–397–4209, 301–415–4737, or by hazards consideration, notwithstanding email to [email protected]. e. Public Programs. the pendency before the Commission of Documents may be viewed in ADAMS f. Research Programs. a request for a hearing from any person. by performing a search on the document g. Jefferson Lecture/National This biweekly notice includes all date and docket number. Humanities Medals. notices of amendments issued, or • NRC’s PDR: You may examine and proposed to be issued from May 31, purchase copies of public documents at The remainder of the Plenary Session 2012 to June 27, 2012. The last biweekly the NRC’s PDR, Room O1–F21, One will be for consideration of specific notice was published on June 12, 2012 White Flint North, 11555 Rockville applications and Jefferson Lecture and (77 FR 35069). Pike, Rockville, Maryland 20852. National Humanities Medal candidates, ADDRESSES: and therefore will be closed to the You may access information B. Submitting Comments and comment submissions related to public. this document, which the NRC Please include Docket ID NRC–2012– As identified above, portions of the possesses and are publicly available, by 0143 in the subject line of your meeting of the National Council on the searching on http://www.regulations.gov comment submission, in order to ensure Humanities will be closed to the public under Docket ID NRC–2012–0143. You that the NRC is able to make your pursuant to sections 552b(c)(4), may submit comments by the following comment submission available to the 552b(c)(6) and 552b(c)(9)(b) of Title 5, methods: public in this docket. U.S.C., as amended. The closed sessions • Federal Rulemaking Web site: Go to The NRC cautions you not to include will include review of personal and/or http://www.regulations.gov and search identifying or contact information in proprietary financial and commercial for Docket ID NRC–2012–0143. Address comment submissions that you do not information given in confidence to the questions about NRC dockets to Carol want to be publicly disclosed. The NRC agency by grant applicants, and Gallagher; telephone: 301–492–3668; posts all comment submissions at http:// discussion of certain information, the email: [email protected]. www.regulations.gov as well as entering premature disclosure of which could • Mail comments to: Cindy Bladey, the comment submissions into ADAMS, significantly frustrate implementation of Chief, Rules, Announcements, and and the NRC does not edit comment proposed agency action. I have made Directives Branch (RADB), Office of submissions to remove identifying or this determination pursuant to the Administration, Mail Stop: TWB–05– contact information. authority granted me by the Chairman’s B01M, U.S. Nuclear Regulatory If you are requesting or aggregating Delegation of Authority to Close Commission, Washington, DC 20555– comments from other persons for Advisory Committee Meetings dated 0001. submission to the NRC, then you should July 19, 1993. • Fax comments to: RADB at 301– inform those persons not to include 492–3446. identifying or contact information in Dated: June 21, 2012. their comment submissions that they do Lisette Voyatzis, For additional direction on accessing not want to be publicly disclosed. Your Committee Management Officer. information and submitting comments, request should state that the NRC will see ‘‘Accessing Information and not edit comment submissions to [FR Doc. 2012–15533 Filed 6–25–12; 8:45 am] Submitting Comments’’ in the BILLING CODE 7536–01–P remove such information before making SUPPLEMENTARY INFORMATION section of the comment submissions available to this document. the public or entering the comment SUPPLEMENTARY INFORMATION: submissions into ADAMS.
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Notice of Consideration of Issuance of hearing and a petition for leave to sufficient information to show that a Amendments to Facility Operating intervene shall be filed in accordance genuine dispute exists with the Licenses and Combined Licenses, with the Commission’s ‘‘Rules of applicant on a material issue of law or Proposed No Significant Hazards Practice for Domestic Licensing fact. Contentions shall be limited to Consideration Determination, and Proceedings’’ in 10 CFR Part 2. matters within the scope of the Opportunity for a Hearing Interested person(s) should consult a amendment under consideration. The The Commission has made a current copy of 10 CFR 2.309, which is contention must be one which, if proposed determination that the available at the NRC’s PDR, located at proven, would entitle the requestor/ following amendment requests involve One White Flint North, Room O1–F21, petitioner to relief. A requestor/ no significant hazards consideration. 11555 Rockville Pike (first floor), petitioner who fails to satisfy these Rockville, Maryland 20852. The NRC requirements with respect to at least one Under the Commission’s regulations in regulations are accessible electronically contention will not be permitted to Title 10 of the Code of Federal from the NRC Library on the NRC’s Web participate as a party. Regulations (10 CFR) 50.92, this means site at http://www.nrc.gov/reading-rm/ Those permitted to intervene become that operation of the facility in doc-collections/cfr/. If a request for a parties to the proceeding, subject to any accordance with the proposed hearing or petition for leave to intervene limitations in the order granting leave to amendment would not (1) involve a is filed by the above date, the intervene, and have the opportunity to significant increase in the probability or Commission or a presiding officer participate fully in the conduct of the consequences of an accident previously designated by the Commission or by the hearing. evaluated; or (2) create the possibility of Chief Administrative Judge of the If a hearing is requested, the a new or different kind of accident from Atomic Safety and Licensing Board Commission will make a final any accident previously evaluated; or Panel, will rule on the request and/or determination on the issue of no (3) involve a significant reduction in a petition; and the Secretary or the Chief significant hazards consideration. The margin of safety. The basis for this Administrative Judge of the Atomic final determination will serve to decide proposed determination for each Safety and Licensing Board will issue a when the hearing is held. If the final amendment request is shown below. notice of a hearing or an appropriate determination is that the amendment The Commission is seeking public order. request involves no significant hazards comments on this proposed As required by 10 CFR 2.309, a consideration, the Commission may determination. Any comments received petition for leave to intervene shall set issue the amendment and make it within 30 days after the date of forth with particularity the interest of immediately effective, notwithstanding publication of this notice will be the petitioner in the proceeding, and the request for a hearing. Any hearing considered in making any final how that interest may be affected by the held would take place after issuance of determination. results of the proceeding. The petition the amendment. If the final Normally, the Commission will not should specifically explain the reasons determination is that the amendment issue the amendment until the why intervention should be permitted request involves a significant hazards expiration of 60 days after the date of with particular reference to the consideration, then any hearing held publication of this notice. The following general requirements: (1) The would take place before the issuance of Commission may issue the license name, address, and telephone number of any amendment. amendment before expiration of the the requestor or petitioner; (2) the All documents filed in the NRC 60-day period provided that its final nature of the requestor’s/petitioner’s adjudicatory proceedings, including a determination is that the amendment right under the Act to be made a party request for hearing, a petition for leave involves no significant hazards to the proceeding; (3) the nature and to intervene, any motion or other consideration. In addition, the extent of the requestor’s/petitioner’s document filed in the proceeding prior Commission may issue the amendment property, financial, or other interest in to the submission of a request for prior to the expiration of the 30-day the proceeding; and 4) the possible hearing or petition to intervene, and comment period should circumstances effect of any decision or order which documents filed by interested change during the 30-day comment may be entered in the proceeding on the governmental entities participating period such that failure to act in a requestor’s/petitioner’s interest. The under 10 CFR 2.315(c), must be filed in timely way would result, for example in petition must also identify the specific accordance with the NRC E-Filing rule derating or shutdown of the facility. contentions which the requestor/ (72 FR 49139; August 28, 2007). The E- Should the Commission take action petitioner seeks to have litigated at the Filing process requires participants to prior to the expiration of either the proceeding. submit and serve all adjudicatory comment period or the notice period, it Each contention must consist of a documents over the internet, or in some will publish in the Federal Register a specific statement of the issue of law or cases to mail copies on electronic notice of issuance. Should the fact to be raised or controverted. In storage media. Participants may not Commission make a final No Significant addition, the requestor/petitioner shall submit paper copies of their filings Hazards Consideration Determination, provide a brief explanation of the bases unless they seek an exemption in any hearing will take place after for the contention and a concise accordance with the procedures issuance. The Commission expects that statement of the alleged facts or expert described below. the need to take this action will occur opinion which support the contention To comply with the procedural very infrequently. and on which the requestor/petitioner requirements of E-Filing, at least 10 Within 60 days after the date of intends to rely in proving the contention days prior to the filing deadline, the publication of this notice, any person(s) at the hearing. The requestor/petitioner participant should contact the Office of whose interest may be affected by this must also provide references to those the Secretary by email at action may file a request for a hearing specific sources and documents of [email protected], or by telephone and a petition to intervene with respect which the petitioner is aware and on at 301–415–1677, to request (1) a digital to issuance of the amendment to the which the requestor/petitioner intends identification (ID) certificate, which subject facility operating license or to rely to establish those facts or expert allows the participant (or its counsel or combined license. Requests for a opinion. The petition must include representative) to digitally sign
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documents and access the E-Submittal E-Filing system also distributes an email available to the public at http:// server for any proceeding in which it is notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded participating; and (2) advise the document to the NRC’s Office of the pursuant to an order of the Commission, Secretary that the participant will be General Counsel and any others who or the presiding officer. Participants are submitting a request or petition for have advised the Office of the Secretary requested not to include personal hearing (even in instances in which the that they wish to participate in the privacy information, such as social participant, or its counsel or proceeding, so that the filer need not security numbers, home addresses, or representative, already holds an NRC- serve the documents on those home phone numbers in their filings, issued digital ID certificate). Based upon participants separately. Therefore, unless an NRC regulation or other law this information, the Secretary will applicants and other participants (or requires submission of such establish an electronic docket for the their counsel or representative) must information. With respect to hearing in this proceeding if the apply for and receive a digital ID copyrighted works, except for limited Secretary has not already established an certificate before a hearing request/ excerpts that serve the purpose of the electronic docket. petition to intervene is filed so that they adjudicatory filings and would Information about applying for a can obtain access to the document via constitute a Fair Use application, digital ID certificate is available on the the E-Filing system. participants are requested not to include NRC’s public Web site at http:// A person filing electronically using copyrighted materials in their www.nrc.gov/site-help/e-submittals/ the agency’s adjudicatory E-Filing submission. apply-certificates.html. System system may seek assistance by Petitions for leave to intervene must requirements for accessing the E- contacting the NRC Meta System Help be filed no later than 60 days from the Submittal server are detailed in the Desk through the ‘‘Contact Us’’ link date of publication of this notice. Non- NRC’s ‘‘Guidance for Electronic located on the NRC’s Web site at http:// timely filings will not be entertained Submission,’’ which is available on the www.nrc.gov/site-help/e- absent a determination by the presiding agency’s public Web site at http:// submittals.html, by email at officer that the petition or request www.nrc.gov/site-help/e- [email protected], or by a toll- should be granted or the contentions submittals.html. Participants may free call at 1–866–672–7640. The NRC should be admitted, based on a attempt to use other software not listed Meta System Help Desk is available balancing of the factors specified in 10 on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern CFR 2.309(c)(1)(i)–(viii). NRC’s E-Filing system does not support Time, Monday through Friday, For further details with respect to this unlisted software, and the NRC Meta excluding government holidays. license amendment application, see the System Help Desk will not be able to Participants who believe that they application for amendment which is offer assistance in using unlisted have a good cause for not submitting available for public inspection at the software. documents electronically must file an NRC’s PDR, located at One White Flint If a participant is electronically exemption request, in accordance with North, Room O1–F21, 11555 Rockville submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper Pike (first floor), Rockville, Maryland accordance with the E-Filing rule, the filing requesting authorization to 20852. Publicly available documents participant must file the document continue to submit documents in paper created or received at the NRC are using the NRC’s online, Web-based format. Such filings must be submitted accessible online in the NRC Library at submission form. In order to serve by: (1) First class mail addressed to the http://www.nrc.gov/reading-rm/ documents through the Electronic Office of the Secretary of the adams.html. Persons who do not have Information Exchange System, users Commission, U.S. Nuclear Regulatory access to ADAMS or who encounter will be required to install a Web Commission, Washington, DC 20555– problems in accessing the documents browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and located in ADAMS, should contact the site. Further information on the Web- Adjudications Staff; or (2) courier, NRC’s PDR Reference staff at 1–800– based submission form, including the express mail, or expedited delivery 397–4209, 301–415–4737, or by email to installation of the Web browser plug-in, service to the Office of the Secretary, [email protected]. is available on the NRC’s public Web Sixteenth Floor, One White Flint North, site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, Northern States Power Company— submittals.html. Maryland, 20852, Attention: Minnesota, Docket No. 50–263, Once a participant has obtained a Rulemaking and Adjudications Staff. Monticello Nuclear Generating Plant, digital ID certificate and a docket has Participants filing a document in this Wright County, Minnesota been created, the participant can then manner are responsible for serving the Date of amendment request: May 25, submit a request for hearing or petition document on all other participants. 2012. for leave to intervene. Submissions Filing is considered complete by first- Description of amendment request: should be in Portable Document Format class mail as of the time of deposit in The licensee proposed to revise the (PDF) in accordance with the NRC the mail, or by courier, express mail, or licensing basis regarding the time delay guidance available on the NRC’s public expedited delivery service upon assumed in the safety analyses for the Web site at http://www.nrc.gov/site- depositing the document with the degraded voltage transfer logic help/e-submittals.html. A filing is provider of the service. A presiding associated with the 1AR Transformer, considered complete at the time the officer, having granted an exemption which is governed by Technical documents are submitted through the request from using E-Filing, may require Specifications 3.3.8.1, ‘‘Loss of Power NRC’s E-Filing system. To be timely, an a participant or party to use E-Filing if (LOP) Instrumentation.’’ Specifically, electronic filing must be submitted to the presiding officer subsequently the revision will remove the capability the E-Filing system no later than 11:59 determines that the reason for granting to automatically transfer to the 1AR p.m. Eastern Time on the due date. the exemption from use of E-Filing no Transformer as a source of power to the Upon receipt of a transmission, the E- longer exists. essential buses on degraded voltage and Filing system time-stamps the document Documents submitted in adjudicatory instead directly transfer to the and sends the submitter an email notice proceedings will appear in the NRC’s Emergency Diesel Generators (EDGs). confirming receipt of the document. The electronic hearing docket which is This transfer will ensure that Class 1E
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equipment is capable of performing its continue to be met. The proposed those accidents and therefore does not affect function to meet the requirements of the amendment does not affect previously used the probability of occurrence of an accident. current licensing basis. safety acceptance criteria, assumptions, Per the provisions of the proposed Note for Basis for proposed no significant scenarios, and analysis methodology. Required Action B.1 of TS 3.3.6, the Therefore, the proposed amendment does automatic containment isolation function(s) hazards consideration determination: not involve any reduction in a margin of associated with a Phase A containment As required by 10 CFR 50.91(a), the safety. isolation signal (which is the trip function/ licensee has provided its analysis of the signal credited in the accident analysis) issue of no significant hazards The NRC staff has reviewed the would continue to be required Operable. At consideration (NSHC) analysis. The licensee’s analysis and, based on its the same time, the proposed change helps to NRC staff reviewed the licensee’s NSHC own analysis, concludes that the three support venting of containment to ensure the analysis and has prepared its own as standards of 10 CFR 50.92(c) are initial condition assumptions for follows: satisfied. Therefore, the NRC staff containment pressure in the accident proposes to determine that the proposed analyses are met during a TS-allowed period 1. Does the proposed amendment involve amendment involves no significant of radiation monitor inoperability. There are a significant increase in the probability or no design changes to the containment mini- consequences of an accident previously hazards consideration. purge isolation valves or the associated evaluated? Attorney for the licensee: Peter M. actuation circuitry. There will be no changes Response: No. Glass, Assistant General Counsel, Xcel to the operation of these valves other than the The proposed amendment does not affect Energy Services, Inc., 414 Nicollet Mall, limited durations during which they may be any previously used accident initiators or Minneapolis, MN 55401. open under administrative controls with precursors, and does not change the initial NRC Branch Chief: Istvan Frankl, inoperable actuation instrumentation (i.e. conditions contributing to the severity or Acting. while a TS Required Action is in effect). consequences of previously analyzed Exceptions to Technical Specification accidents or malfunctions. The power Union Electric Company, Docket No. requirements are allowed in situations where transfer scheme was not a precursor of 50–483, Callaway Plant, Unit 1, plant operation would otherwise be restricted previously analyzed accidents, and took no Callaway County, Missouri in a manner that is not commensurate with part in determining the consequences of the desired safety objective, especially when previously analyzed accidents. As a result, Date of amendment request: those exceptions are of short duration and are all previous safety analyses will continue to September 22, 2011. accompanied by compensatory measures. meet all applicable acceptance criteria since Description of amendment request: Therefore, the proposed change will not alter the proposed amendment will not degrade The amendment would revise Required or prevent the capability of structures, the performance of structures, systems, and Action B.1 of Technical Specification systems, and components (SSCs) to perform components (SSCs) important to safety. (TS) 3.3.6, ‘‘Containment Purge Isolation their intended functions for mitigating the consequences of an accident as assumed in Therefore, the proposed amendment does Instrumentation,’’ such that a Note not involve a significant increase in the the accident analysis. probability or consequences of an accident would be added to the Required Action The proposed change does not physically previously evaluated. to conditionally allow containment alter the design of any safety-related systems, 2. Does the proposed amendment create mini-purge supply and exhaust valves nor does it affect the way in which safety- the possibility of a new or different kind of that have been closed in accordance related systems are assumed to perform their accident from any accident previously with the Action to be opened under functions. evaluated? administrative controls as required for The proposed change will not affect the Response: No. certain operational needs. The proposed source term, containment isolation, or No new accident scenarios, precursors, change is similar to allowances already radiological release assumptions used in evaluating the radiological consequences of failure mechanisms, or limiting single in place in TS 3.6.3, ‘‘Containment failures will be introduced as a result of the an accident previously evaluated. The proposed amendment. The proposed revision Isolation Valves,’’ and TS 3.9.4, applicable radiological dose criteria will of the degraded voltage transfer logic scheme ‘‘Containment Penetrations.’’ continue to be met. (i.e., to transfer directly to the EDG instead Basis for proposed no significant Therefore, the proposed change does not of first attempting to transfer to the IAR hazards consideration determination: involve a significant increase in the Transformer) was previously licensed for As required by 10 CFR 50.91(a), the probability or consequences of an accident Monticello, and is typical for the industry. licensee has provided its analysis of the previously evaluated. The delay time associated with the degraded issue of no significant hazards 2. Does the proposed change create the voltage transfer logic was not postulated as consideration, which is presented possibility of a new or different kind of an initiator of any previously analyzed accident from any accident previously accident, and is not expected to create any below: evaluated? new system interactions or failure modes of 1. Does the proposed change involve a Response: No. any SSCs. Thus, equipment important to significant increase in the probability or There are no proposed design changes, nor safety will continue to operate as designed, consequences of an accident previously are there any changes in the method by and the proposed change will not result in evaluated? which any safety-related plant structure, any adverse conditions or any increase in Response: No. system, or component (SSC) is assumed to challenges to safety systems. Overall protection system performance will perform its specified safety function. The Therefore, operation of the plant in remain within the bounds of the previously proposed change will not affect the normal accordance with the proposed amendment performed accident analyses since there are method of plant operation or change any will not create the possibility of a new or no design changes. All design, material, and operating parameters. Equipment different type of accident from any accident construction standards that were applicable performance necessary to fulfill safety previously evaluated. prior to this amendment request will be analysis missions will be unaffected. The 3. Does the proposed amendment involve maintained. There will be no changes to any proposed change will not alter any a significant reduction in a margin of safety? design or operating limits. assumptions required to meet the safety Response: No. The proposed change does not involve or analysis acceptance criteria. No new accident The proposed amendment aims to correct result in any changes to accident initiators or scenarios, transient precursors, failure non-conservative values assumed in the precursors, nor does it alter the design mechanisms, or limiting single failures will analyses for the degraded voltage protection assumptions or conditions of the plant. The be introduced as a result of this amendment. function. The proposed amendment assures proposed change for the mini-purge valves There will be no adverse effect or challenges that the design requirements of the which support the mitigation of certain imposed on any safety-related system as a emergency electrical power system will accidents would not affect the initiation of result of this amendment.
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The proposed amendment will not alter the of 1954, as amended (the Act), and the topical report, EMF–2103(P)(A), design or performance of the 7300 Process Commission’s rules and regulations. ‘‘Realistic Large Break LOCA Protection System, Nuclear Instrumentation The Commission has made appropriate Methodology for Pressurized Water System, or Solid State Protection System findings as required by the Act and the Reactors’’ Revision 0. used in the plant protection systems. The proposed change does not, therefore, Commission’s rules and regulations in Date of issuance: May 30, 2012. create the possibility of a new or different 10 CFR Chapter I, which are set forth in Effective date: As of the date of accident from any accident previously the license amendment. issuance and shall be implemented evaluated. A notice of consideration of issuance within 60 days of issuance. 3. Does the proposed change involve a of amendment to facility operating Amendment No.: 138. significant reduction in a margin of safety? license or combined license, as Renewed Facility Operating License Response: No. applicable, proposed no significant No. NPF–63: The amendment revised There will be no effect on those plant hazards consideration determination, the TSs and the Facility Operating systems necessary to assure the and opportunity for a hearing in License. accomplishment of protection functions. connection with these actions, was Date of initial notice in Federal There will be no impact on the overpower published in the Federal Register as Register: January 10, 2012 (77 FR limit, departure from nucleate boiling ratio (DNBR) limits, heat flux hot channel factor indicated. 1516). The February 23, March 20, and Unless otherwise indicated, the (FQ), nuclear enthalpy rise hot channel factor April 2, 2012, supplements provided (FDH), loss of coolant accident peak cladding Commission has determined that these additional information that clarified the temperature (LOCA PCT), peak local power amendments satisfy the criteria for application, did not expand the scope of density, or any other margin of safety. Mode- categorical exclusion in accordance the application as originally noticed, specific required shutdown margins in the with 10 CFR 51.22. Therefore, pursuant and did not change the NRC staff’s COLR [Core Operating Limits Report] will to 10 CFR 51.22(b), no environmental initial proposed no significant hazards not be changed. The applicable radiological impact statement or environmental consideration determination. dose consequence acceptance criteria will assessment need be prepared for these The Commission’s related evaluation continue to be met. The proposed changes do amendments. If the Commission has of the amendments is contained in a not alter the design of the containment mini- purge system or the supporting prepared an environmental assessment Safety Evaluation dated May 30, 2012. instrumentation. As containment is a under the special circumstances No significant hazards consideration principal safety barrier to the release of provision in 10 CFR 51.22(b) and has comments received: No. radioactivity to the environment for made a determination based on that NRC Branch Chief: Douglas A. postulated design basis accidents, there will assessment, it is so indicated. Broaddus. be continued assurance that the containment For further details with respect to the mini-purge isolation system will perform its action see (1) the applications for Carolina Power and Light Company, et intended function of supporting containment amendment, (2) the amendment, and (3) al., Docket No. 50–400, Shearon Harris such that the assumptions in the accident the Commission’s related letter, Safety Nuclear Power Plant, Unit 1, Wake and analyses remain valid. Evaluation and/or Environmental Chatham Counties, North Carolina The proposed change does not eliminate Assessment as indicated. All of these Date of application for amendment: any surveillances or alter the frequency of surveillances required by the Technical items are available for public inspection April 28, 2011, as supplemented by Specifications. None of the acceptance at the NRC’s Public Document Room letters dated June 23,August 3, August criteria for any accident analysis will be (PDR), located at One White Flint North, 15, August 25, August 30, August 31, changed. Room O1–F21, 11555 Rockville Pike September 6, September 7, October Therefore, the proposed change does not (first floor), Rockville, Maryland 20852. 20,October 21, October 28, November involve a significant reduction in a margin of Publicly available documents created or 28, December 20, 2011, February 9, and safety. received at the NRC are accessible March 26, 2012. The NRC staff has reviewed the electronically online in the NRC Library Brief description of amendment: The licensee’s analysis and, based on this at http://www.nrc.gov/reading-rm/ amendment increases the rated thermal review, it appears that the three adams.html. If you do not have access power (RTP)level from 2900 megawatts standards of 10 CFR 50.92(c) are to ADAMS or if there are problems in thermal (MWt) to 2948 MWt, and makes satisfied. Therefore, the NRC staff accessing the documents located in technical specification changes as proposes to determine that the ADAMS, contact the PDR’s Reference necessary to support operation at the amendment request involves no staff at 1–800–397–4209, 301–415–4737 uprated power level. The change is an significant hazards consideration. or by email to [email protected]. increase in RTP of approximately 1.66 Attorney for licensee: John O’Neill, percent. The power uprate is Carolina Power and Light Company, et Esq., Pillsbury Winthrop Shaw Pittman characterized as a measurement al., Docket No. 50–400, Shearon Harris LLP, 2300 N Street NW., Washington, uncertainty recapture using the Nuclear Power Plant, Unit 1, Wake and DC 20037. Cameron Leading Edge Flow Meter NRC Branch Chief: Michael T. Chatham Counties, North Carolina CheckPlusSystem to improve plant Markley. Date of amendment request: August calorimetric heat balance measurement 22, 2011, as supplemented by letter accuracy. Notice of Issuance of Amendments to dated February 23, March 20, and April Date of issuance: May 30, 2012. Facility Operating Licenses and 2, 2012. Effective date: As of the date of Combined Licenses Description of amendment request: issuance and shall be implemented During the period since publication of The amendment revised Technical within 120 days of issuance. the last biweekly notice, the Specification (TS) 6.9.1.6, ‘‘Core Amendment No.: 139. Commission has issued the following Operating Limits Report,’’ to add plant- Renewed Facility Operating License amendments. The Commission has specific methodology, ANP–3011 (P), No. NPF–63: Amendment revises the determined for each of these ‘‘Harris Nuclear Plant Unit 1 Realistic Technical Specifications. amendments that the application Large Break LOCA [loss-of-coolant Date of initial notice in Federal complies with the standards and accident] Analysis,’’ Revision 1, that Register: September 13, 2011 (76 FR requirements of the Atomic Energy Act implements AREVA’s NRC-approved 56486). The June 23, August 3, August
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15, August 25, August 30, August 31, Dated at Rockville, Maryland, this 14th day published in the Federal Register on September 6, September 7, October 20, of June 2012. October 17, 2011, (76 FR 64126–64127). October 21, October 28, November 28, A. Louise Lund, Detailed meeting agendas and meeting December 20, 2011, February 9, and Deputy Director, Division of Operating transcripts are available on the NRC March 26, 2012, supplements provided Reactor Licensing, Office of Nuclear Reactor Web site at http://www.nrc.gov/reading- Regulation. additional information that clarified the rm/doc-collections/acrs. Information application, did not expand the scope of [FR Doc. 2012–15176 Filed 6–25–12; 8:45 am] regarding topics to be discussed, the application as originally noticed and BILLING CODE 7590–01–P changes to the agenda, whether the did not change the NRC staff’s initial meeting has been canceled or proposed no significant hazards rescheduled, and the time allotted to NUCLEAR REGULATORY consideration determination. present oral statements can be obtained COMMISSION The Commission’s related evaluation from the Web site cited above or by of the amendment is contained in a Advisory Committee on Reactor contacting the identified DFO. safety evaluation dated May 30, 2012. Safeguards (ACRS) Meeting of the Moreover, in view of the possibility that ACRS Subcommittee on Radiation the schedule for ACRS meetings may be No significant hazards consideration adjusted by the Chairman as necessary comments received: No. Protection and Nuclear Materials; Notice of Meeting to facilitate the conduct of the meeting, NextEra Energy Duane Arnold, LLC, persons planning to attend should check Docket No. 50–331, Duane Arnold The ACRS Subcommittee on with these references if such Energy Center (DAEC), Linn County, Radiation Protection and Nuclear rescheduling would result in a major Iowa Materials will hold a meeting on July inconvenience. 10, 2012, Room T–2B1, 11545 Rockville If attending this meeting, please enter Date of application for amendment: Pike, Rockville, Maryland. through the One White Flint North May 31, 2011, as supplemented by The entire meeting will be open to building, 11555 Rockville Pike, letters dated March 16, 2012, and April public attendance. Rockville, MD. After registering with 5, 2012. The agenda for the subject meeting security, please contact Mr. Theron Brief description of amendment: The shall be as follows: Brown (240–888–9835) to be escorted to amendment upgrades DAEC Emergency Tuesday, July 10, 2012—8:30 a.m. Until the meeting room. Action Levels based on Nuclear Energy 12 p.m. Dated: June 18, 2012. Institute (NEI) 99–01, Revision 5, The Subcommittee will review Antonio Dias, ‘‘Methodology for Development of Revision 3 of ISG–8, ‘‘Burnup Credit in Technical Advisor, Advisory Committee on Emergency Action Levels,’’ using the the Criticality Safety Analyses of PWR Reactor Safeguards. guidance of NRC Regulatory Issue Spent Fuel in Transport and Storage [FR Doc. 2012–15524 Filed 6–25–12; 8:45 am] Summary 2003–18, Supplement 2, ‘‘Use Casks.’’ The Subcommittee will hear BILLING CODE 7590–01–P of Nuclear Energy Institute (NEI) 99–01, presentations by and hold discussions ‘‘Methodology for Development of with the NRC staff and other interested Emergency Action Levels.’’ persons regarding this matter. The NUCLEAR REGULATORY Date of issuance: June 1, 2012. Subcommittee will gather information, COMMISSION Effective date: As of the date of analyze relevant issues and facts, and formulate proposed positions and Advisory Committee on Reactor issuance and shall be implemented Safeguards (ACRS); Meeting of the within 120 days. actions, as appropriate, for deliberation by the Full Committee. ACRS Subcommittee on U.S. Amendment No.: 281. Members of the public desiring to Advanced Pressurized Power Reactor Renewed Facility Operating License provide oral statements and/or written Revision to the June 19, 2012, ACRS No. DPR–49: The amendment revised comments should notify the Designated Meeting Federal Register Notice the Duane Arnold Energy Center Federal Official (DFO), Christopher Emergency Plan. Brown (Telephone 301–415–7111 or The Federal Register Notice for the Date of initial notice in Federal Email: [email protected]) five ACRS Subcommittee Meeting on US– Register: November 15, 2011 (76 FR days prior to the meeting, if possible, so APWR scheduled to be held on July 9, 70774). that appropriate arrangements can be 2012, is being revised to notify the made. Thirty-five hard copies of each following: The supplemental information dated presentation or handout should be The entire meeting will be open to March 16, 2012, and April 5, 2012 provided to the DFO thirty minutes contained clarifying information, did public attendance, with the exception of before the meeting. In addition, one a portion that may be closed to protect not change the scope of the May 31, electronic copy of each presentation information that is proprietary pursuant 2011, application on the initial no should be emailed to the DFO one day to 5 U.S.C. 552b(c)(4). significant hazards consideration before the meeting. If an electronic copy determination, and did not expand the cannot be provided within this The notice of this meeting was scope of the original Federal Register timeframe, presenters should provide previously published in the Federal notice. the DFO with a CD containing each Register on Tuesday, June 19, 2012 [77 FR 36581–36582]. The Commission’s related evaluation presentation at least thirty minutes of the amendment is contained in a before the meeting. Electronic Further information regarding this Safety Evaluation dated June 1, 2012. recordings will be permitted only meeting can be obtained by contacting during those portions of the meeting Mr. Girija Shukla, Designated Federal No significant hazards consideration that are open to the public. Detailed Official (Telephone: 301–415–6855, comments received: No. procedures for the conduct of and Email: [email protected]) between For the Nuclear Regulatory Commission. participation in ACRS meetings were 8:15 a.m. and 5 p.m. (ET).
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Dated: June 19, 2012. need a reasonable accommodation to Adjudicatory matters. Antonio Dias, participate in these public meetings, or At times, changes in Commission Technical Advisor, Advisory Committee on need this meeting notice or the priorities require alterations in the Reactor Safeguards. transcript or other information from the scheduling of meeting items. [FR Doc. 2012–15526 Filed 6–25–12; 8:45 am] public meetings in another format (e.g. For further information and to BILLING CODE 7590–01–P braille, large print), please notify Bill ascertain what, if any, matters have been Dosch, Chief, Work Life and Benefits added, deleted or postponed, please Branch, at 301–415–6200, TDD: 301– contact: The Office of the Secretary at NUCLEAR REGULATORY 415–2100, or by email at (202) 551–5400. COMMISSION [email protected]. Determinations Dated: June 21, 2012. on requests for reasonable Elizabeth M. Murphy, Sunshine Act Meeting accommodation will be made on a case- Secretary. by-case basis. AGENCY HOLDING THE MEETINGS: Nuclear [FR Doc. 2012–15673 Filed 6–22–12; 4:15 pm] Regulatory Commission, [NRC–2012– * * * * * BILLING CODE 8011–01–P 0002]. This notice is distributed electronically to subscribers. If you no DATES: Weeks of June 25, July 2, 9, 16, longer wish to receive it, or would like SECURITIES AND EXCHANGE 23, 30, 2012. to be added to the distribution, please COMMISSION PLACE: Commissioners’ Conference contact the Office of the Secretary, Room, 11555 Rockville Pike, Rockville, [Release No. 34–67225; File No. SR–ISE– Washington, DC 20555 (301–415–1969), 2012–22] Maryland. or send an email to STATUS: Public and Closed. [email protected]. Self-Regulatory Organizations; Week of June 25, 2012 Dated: June 21, 2012. International Securities Exchange, Rochelle C. Bavol, LLC; Order Instituting Proceedings To There are no meetings scheduled for Determine Whether To Approve or Policy Coordinator, Office of the Secretary. the week of June 25, 2012. Disapprove Proposed Rule Change, as [FR Doc. 2012–15675 Filed 6–22–12; 4:15 pm] Week of July 2, 2012—Tentative Modified by Amendment No. 1, To Add BILLING CODE 7590–01–P an Index Option Product for Trading on There are no meetings scheduled for the Exchange the week of July 2, 2012. Week of July 9, 2012—Tentative SECURITIES AND EXCHANGE June 20, 2012. COMMISSION Tuesday, July 10, 2012 I. Introduction 9:30 a.m. Strategic Programmatic Sunshine Act Meeting On March 9, 2012, the International Securities Exchange, LLC (‘‘Exchange’’ Overview of the Operating Reactors, Notice is hereby given, pursuant to or ‘‘ISE’’) filed with the Securities and Business Line (Public Meeting), the provisions of the Government in the Exchange Commission (‘‘Commission’’), (Contact: Trent Wertz, 301–415– Sunshine Act, Public Law 94–409, that pursuant to Section 19(b)(1) of the 1568). the Securities and Exchange Securities Exchange Act of 1934 This meeting will be webcast live at Commission will hold a Closed Meeting (‘‘Exchange Act’’ or ‘‘Act’’) 1 and Rule the Web address—www.nrc.gov. on Thursday, June 28, 2012 at 1 p.m. 19b–4 thereunder,2 a proposed rule Week of July 16, 2012—Tentative Commissioners, Counsel to the change to list and trade options on the Commissioners, the Secretary to the ISE Max SPY Index (‘‘ISE Max SPY’’). There are no meetings scheduled for Commission, and recording secretaries The proposed rule change was the week of July 16, 2012. will attend the Closed Meeting. Certain published for comment in the Federal Week of July 23, 2012—Tentative staff members who have an interest in Register on March 22, 2012.3 The the matters also may be present. There are no meetings scheduled for Commission received three comment The General Counsel of the 4 the week of July 23, 2012. letters on the proposed rule change. On Commission, or his designee, has May 1, 2012, the Commission extended Week of July 30, 2012—Tentative certified that, in his opinion, one or the time period for Commission action more of the exemptions set forth in 5 5 There are no meetings scheduled for to June 20, 2012. On May 4, 2012, ISE U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) the week of July 30, 2012. submitted a response to the comment and 17 CFR 200.402(a)(3), (5), (7), 9(ii) letters 6 and filed Amendment No. 1 to * * * * * and (10), permit consideration of the * The schedule for Commission scheduled matters at the Closed 1 15 U.S.C. 78s(b)(1). meetings is subject to change on short Meeting. 2 17 CFR 240.19b–4. notice. To verify the status of meetings, Commissioner Aguilar, as duty 3 See Securities Exchange Act Release No. 66614 call (recording)—301–415–1292. (March 16, 2012), 77 FR 16883 (‘‘Notice’’). officer, voted to consider the items 4 Contact person for more information: listed for the Closed Meeting in a closed See letters to Elizabeth M. Murphy, Secretary, Rochelle Bavol, 301–415–1651. Commission, from Janet McGinness, EVP & session. Corporate Secretary, NYSE Euronext, dated April 2, * * * * * The subject matter of the Closed 2012 (‘‘NYSE Letter’’); Kenneth M. Vittor, Executive The NRC Commission Meeting Meeting scheduled for Thursday, June Vice President and General Counsel, McGraw-Hill Schedule can be found on the Internet Companies, Inc., dated April 11, 2012 (‘‘McGraw- 28, 2012 will be: Hill Letter I’’); and Edward T. Tilly, President and at: http://www.nrc.gov/public-involve/ Institution and settlement of Chief Operating Officer, Chicago Board Options public-meetings/schedule.html. injunctive actions; Exchange, Incorporated (‘‘CBOE’’), dated April 13, * * * * * Institution and settlement of 2012 (‘‘CBOE Letter I’’). 5 See Securities Exchange Act Release No. 66889 The NRC provides reasonable administrative proceedings; (May 1, 2012), 77 FR 26812 (May 7, 2012). accommodation to individuals with Other matters relating to enforcement 6 See letter to Elizabeth M. Murphy, Secretary, disabilities where appropriate. If you proceedings; and Commission, from Michael J. Simon, Secretary and
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the proposed rule change.7 The Trust.’’ 11 Options on the ISE Max SPY closing prices from the primary market Commission subsequently received Index would be European-style and p.m. of the SPY trust’s portfolio securities.15 three additional comment letters 8 and a cash-settled, and they would be quoted As proposed, Exchange rules that are second response letter from ISE.9 All the and traded in U.S. dollars. applicable to the trading of options on comment letters received, including According to ISE, the real-time value broad-based indexes would apply to the ISE’s response letters, are available on of the ISE Max SPY Index is calculated trading of options on the ISE Max SPY the Commission’s Web site.10 by multiplying the share prices of SPY Index.16 Specifically, the trading of by a factor of ten and rounding to the options on the ISE Max SPY Index This order institutes proceedings to tenth place. This value would be would be subject to, among others, determine whether to approve or calculated by ISE or its agent, and Exchange rules governing margin disapprove the proposed rule change, as would be disseminated by ISE every 15 requirements and trading halt modified by Amendment No. 1. seconds during its regular trading hours procedures for index options. The Institution of these proceedings, to market information vendors via the trading of options on the ISE Max SPY however, does not indicate that the Options Price Reporting Authority.12 Index also would be subject to the Commission has reached any ISE proposes to calculate the Exchange’s customer protection rules.17 conclusions with respect to the settlement value for options on the ISE ISE proposes that options on the ISE proposed rule change, nor does it mean Max SPY Index using the net asset value Max SPY Index be approved on a pilot that the Commission will ultimately (‘‘NAV’’) of the fund, as calculated by basis for an initial period of 14 months. disapprove the proposed rule change. ISE, on a per share basis, times ten. ISE ISE states that if it were to propose an Rather, as addressed below, the states that the method it will use for extension of the program or propose to Commission desires to solicit additional calculating the NAV of SPY is the same make the program permanent, then it input from interested parties on the method that is used industry-wide for would submit a filing proposing such issues presented by the proposed rule calculating the NAV of an exchange amendments to the program. ISE notes change. traded fund (‘‘ETF’’) with equity-only that any positions established under the holdings, and is the per-share dollar pilot would not be impacted by the II. Description of the Proposal amount of the fund, which is calculated expiration of the pilot.18 As part of the As set forth in more detail in the by dividing the total value of all the pilot program, ISE would submit a pilot Notice, ISE proposes to list and trade securities in its portfolio, less any program report to the Commission at options, including long-term options, on liabilities, by the number of fund shares least two months prior to the expiration 13 the ISE Max SPY Index, which is outstanding. ISE also states that the date of the program (‘‘annual report’’). ‘‘designed to represent 10 times the settlement value that it calculates may The annual report would contain an value of the published share prices in be different from the NAV published by analysis of volume, open interest and 14 the SPDR S&P 500 ETF [(‘‘SPY’’)] the trustee of the SPY trust. In trading patterns. The analysis would calculating the settlement value for examine trading in the proposed option options on the ISE Max SPY Index, ISE product as well as trading in the General Counsel, ISE, dated May 4, 2012 (‘‘ISE Response Letter I’’). states that it would use the published securities that comprise the S&P 500 7 Amendment No. 1 replaced the sentence: index. In addition, for series that exceed ‘‘Additionally, the proposed rule change would 11 ISE states that SPY is based on the S&P 500, certain minimum open interest provide Members and investors with additional which is a capitalization-weighted index of 500 ® parameters, the annual report would opportunities to trade S&P 500 options with a stocks from a broad range of industries. provide analysis of index price volatility p.m.-settlement feature in an exchange environment 12 ISE states that it also would disseminate these and subject to transparent exchange-based rules, values to its members. and share trading activity. In addition to and that investors would also benefit from the 13 See Notice, supra note 3 and ISE Response the annual report, ISE committed to opportunity to trade in association with this Letter II, supra note 9, at 3. In its second response provide the Commission with periodic product on Expiration Fridays thereby removing letter, ISE sets forth its formula for calculating the interim reports while the pilot is in impediments to a free and open market consistent index settlement value: Isett(t) = NAVSPY(t) × M. See with the Act.’’ with the sentence: ‘‘Additionally, the ISE Response Letter II, supra note 9, at 2–3. In this effect that would contain some, but not proposed rule change would provide Members and formula, ‘‘Isett(t)’’ is the ISE Max SPY settlement all, of the information contained in the investors with additional opportunities to trade value at time (t), ‘‘NAVSPY(t)’’ is the NAV per share annual report. In its filing, ISE notes options on a product that provides exposure to the of the SPY trust at time (t) as calculated by ISE, and that it would provide the annual and share prices of SPY with a p.m.-settlement feature ‘‘M’’ is the constant multiplier of 10. See id. ISE interim reports to the Commission on a in an exchange environment and subject to also provides the formula for calculating NAVSPY(t): n transparent exchange-based rules, and that NAVSPY(t) = [S i=1[P(i) × S(i) + Cash] × [1 ¥ Fee/ confidential basis. investors would also benefit from the opportunity 365]/Shares Outstanding Comment Letters to trade in association with this product on See id. In this formula, ‘‘n’’ is the number of expiration Fridays thereby removing impediments stocks held by the trust, ‘‘P(i)’’ is the closing price As noted above, the Commission to a free and open market consistent with the Act.’’ of each stock held by the trust, ‘‘S(i)’’ is the number received six comment letters and two According to ISE, the purpose of the amendment is of shares of each stock held by the trust, ‘‘Cash’’ is to correct an erroneous sentence in the Statutory the cash held in the trust, ‘‘Fee’’ is the stated fee Basis section that could be misinterpreted. See for the trust, and ‘‘Shares Outstanding’’ is the 15 In its response letters, ISE provides additional Amendment No. 1. number of trust shares outstanding. See id. ISE also clarification regarding its calculation of the NAV of 8 See letters to Elizabeth M. Murphy, Secretary, states that ‘‘the net cash amount is determined by SPY, and its rationale for the difference between the Commission, from Edward T. Tilly, President and adding the accrued dividends of the portfolio calculation of the settlement value for the proposed Chief Operating Officer, CBOE, dated June 7, 2012 securities since the fund’s last distribution minus options and the value for the ISE Max SPY Index (‘‘CBOE Letter II’’); Kenneth M. Vittor, Executive the accrued fees, which are essentially the annual itself. See infra Section III.B.2. Vice President and General Counsel, McGraw-Hill management fees prorated per day.’’ See id. at 3. 16 See ISE Rules 2000 through 2013. Companies, Inc., dated June 18, 2012 (‘‘McGraw- 14 ISE explains in its response letters that this 17 See ISE Rules 608–612 and 616. Hill Letter II’’); and from Edward T. Tilly, President difference may result because the trust may 18 As an example, ISE states in the Notice that a and Chief Operating Officer, CBOE, dated June 19, independently decide which exchange it deems to position in a series that expires beyond the 2012 (‘‘CBOE Letter III’’). be the ‘‘primary market’’ as a source of closing conclusion of the pilot period could be established 9 See letter to Elizabeth M. Murphy, Secretary, prices, and the trustee reserves the right to evaluate during the 14-month pilot. If the pilot program were Commission, from Michael J. Simon, Secretary and portfolio securities independently of closing sale not extended, then the position could continue to General Counsel, ISE, dated June 15, 2012 (‘‘ISE prices if it deems such prices to be ‘‘inappropriate.’’ exist. However, any further trading in the series Response Letter II’’). See ISE Response Letter I, supra note 6, at 6–7 and would be restricted to transactions where at least 10 The comment letters are available at http:// ISE Response Letter II, supra note 9, at 3. See also one side of the trade is a closing transaction. See sec.gov/comments/sr-ise-2012-22/ise201222.shtml. infra Section III.B.2.ii. Notice, supra note 3.
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ISE response letters on the proposed proposed options because they could rule change before the Illinois court’s rule change.19 not legally be traded.28 In addition, ruling on the motion could result in One commenter expresses support for CBOE requests that if the Commission significant market disruption or harm to the proposed rule change and states that considers the proposed rule change investors.35 Nevertheless, ISE represents it ‘‘generally applaud[s] efforts to prior to judicial action on the motion, that, absent returning to the provide investors with additional the Commission should make clear that Commission and seeking explicit opportunities to invest using listed any approval is solely concerned with approval to do so, it will not commence options.’’ 20 In particular, this whether the proposed rule change is trading options on the ISE Max SPY commenter supports ISE’s proposal to consistent with the Act, and that the Index until the Illinois Circuit Court has allow p.m. settlement for options on the Illinois state court has full and ruled on the motion.36 21 ISE Max SPY Index. This commenter independent authority to resolve the In a second comment letter, CBOE also supports the proposal to impose no issues that arise under state law.29 reiterates its concerns regarding position limits for options on the ISE In its response letter, ISE states that it potential market disruption and harm to 22 Max SPY Index. This commenter is opposing the motion to enforce the investors.37 In response to ISE’s letter, 30 states that a key part of its basis for Injunction. ISE objects to the CBOE states that the Illinois lower agreeing with the proposed position commenters’ request that the court’s ruling on the motion to enforce limits is the fact that ‘‘there is a very Commission delay approval of the the Injunction may not be the end of the large degree of economic equivalence proposed rule change until the Illinois litigation over whether the proposed between options on [ISE’s] proposed court decides on the motion, referring to options may be validly traded under index and the existing C2 SPXPM prior Commission action where the 23 state law, and that the Commission product.’’ Commission indicated that its decision should condition any approval on ISE’s Two commenters oppose the to approve a rule filing should be based undertaking not to commence trading proposed rule change for the reasons solely on whether it complies with the until all judicial challenges to the discussed below. Act, without regard to any state law lawfulness of the proposed options issues.31 ISE states that because the A. Pending Litigation; Potential for under state law have been resolved.38 current Illinois proceedings involve Market Disruption and Harm to In its second response letter, ISE again Investors issues of intellectual property law and state procedure, the Commission should represents that it will not launch the Two commenters argue that the approve this proposed rule change proposed options for trading unless and proposed options are, in fact, options on without regard to the Illinois until the Illinois Circuit Court denies 39 the S&P 500 index and therefore would proceedings.32 the motion to enforce the Injunction. violate a permanent injunction entered According to the two commenters, In addition, in the event that the Illinois by the Illinois state court in 2010 significant market disruption and harm Circuit Court were to deny the motion (‘‘Injunction’’).24 These two commenters to investors could occur if the to enforce the Injunction, and such a have filed a motion to enforce this Commission were to approve the decision was to be subsequently Injunction against ISE in Illinois Circuit proposed rule change prior to the reversed and ISE were to be enjoined Court,25 and request that the Illinois court ruling on whether the from offering the proposed options after Commission disapprove the proposed proposed options violate the existing it had commenced trading and there is rule change 26 or not take action to Injunction or are otherwise unlawful.33 open interest, ISE represents that it approve the proposed rule change until Specifically, these commenters express would seek to have the state court the litigation is resolved.27 In a second the concern that if ISE commences permit it to continue to offer a market comment letter, CBOE argues that the trading in the proposed options before for closing-only transactions for so long Commission should disapprove the a decision by the Illinois court where as it takes all open interest to wind the court finds that such trading is down in an orderly manner.40 ISE states 19 See supra notes 4, 6, 8, and 9. unlawful, investors would have no that it has systems, rules, and 20 See NYSE Letter, supra note 4, at 1. readily available means to trade out of procedures in place that would permit 21 See id. at 1–2. such a closing-only orderly wind down, 22 See id. at 2. or exercise their positions in the 34 and that it is ‘‘inconceivable that the 23 See id. proposed options. 24 See CBOE Letter I and McGraw-Hill Letter I, In its first response letter, ISE Court would refuse to permit such a 41 supra note 4. According to one commenter, ‘‘the ISE disagrees with the comment that the closing-only market.’’ ISE further rule filing itself violates the Injunction because the Commission’s approval of the proposed states that even if the court were to deny Injunction prohibits ISE from listing options on the a closing-only market, there are S&P 500 Index and the submission and notification 28 of the rule filing commences the process of listing See CBOE Letter II, supra note 8, at 7. adequate rules and procedures in place, such options.’’ See CBOE Letter I, supra note 4, at 29 See CBOE Letter I, supra note 4, at 2. See also at the exchange and the clearing level, 2. Another commenter states that ISE’s planned CBOE Letter II, supra note 8, at 8. to allow for an orderly wind down of unauthorized use of the S&P 500 index constitutes 30 See ISE Response Letter I, supra note 6, at 2. an unlawful violation of Standard & Poor’s ISE states that the commenters’ primary basis for 35 Financial Services LLC’s (‘‘S&P’’) intellectual claiming that the proposed options are options on See ISE Response Letter I, supra note 6, at 4. property rights. See McGraw-Hill Letter I, supra the S&P 500 index is ‘‘a single, erroneous sentence 36 See id. note 4, at 1 and 4. This commenter urges the contained in ISE’s 50 page rule filing’’ and that this 37 See CBOE Letter II, supra note 8, at 7. The Commission to not approve the listing and trading sentence ‘‘is contained in the basis section of ISE’s commenter states that by exposing investors to of products that have previously been determined rule filing, which section is not controlling in terms these undisclosed risks, the proposal fails to protect to be unlawful. See id. at 4. In subsequent comment of the description of the product.’’ See id. at 3. ISE investors and the public interest. See id. See also letters, commenters note that the Illinois Appellate subsequently amended this sentence in McGraw-Hill Letter II, supra note 8, at 2–3 (stating Court recently affirmed the lower court’s Amendment No. 1. See supra note 7. that it would be inappropriate and contrary to the Injunction. See CBOE Letter II, supra note 8, at 6 31 See ISE Response Letter I, supra note 6, at 2– public interest for the Commission to approve a and McGraw-Hill Letter II, supra note 8, at 1. 3. product that has been enjoined and is the subject 25 See Attachment 1 to CBOE Letter I and 32 See id. at 3. of ongoing litigation to enforce the Injunction). Attachment to McGraw-Hill Letter I, supra note 4. 33 See CBOE Letter I, supra note 4, at 2 and 38 See CBOE Letter II, supra note 8, at 8. 26 See CBOE Letter I, supra note 4, at 2 and McGraw-Hill Letter I, supra note 4, at 1 and 4. 39 See ISE Response Letter II, supra note 9, at 4. McGraw-Hill Letter I, supra note 4, at 1. 34 See CBOE Letter I, supra note 4, at 2 and 40 See id. 27 See CBOE Letter I, supra note 4, at 2. McGraw-Hill Letter I, supra note 4, at 1 and 4. 41 See id.
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any open interest.42 In addition, ISE This commenter subsequently asserts would have only one component represents that it will insert a litigation that the proposed rule change ‘‘misleads security and therefore would not be an risk discussion into the Options investors by falsely characterizing the index.55 ISE states in response that an Disclosure Document (‘‘ODD’’),43 which Proposed Options as options on the ISE index with one component is still an will be substantially similar to the Max SPY Index.’’ 49 Specifically, this index and refers to CBOE’s micro litigation risk language included in prior commenter states that ISE has admitted narrow-based index options and CBOE’s versions of the ODD with respect to that the proposed options would not be indexes that measure the spot yield of index participation products.44 Finally, settled based on the value of SPY and individual U.S. Treasury Securities by ISE states that these investor protection has failed to set forth any way in which simply multiplying them by ten (i.e., risks are not unique to the proposed the settlement value for the proposed TNX).56 In its second letter, CBOE states product, and that there have been options would have any relation to the that, consistent with Section 3 of the multiple cases where a market becomes ISE Max SPY Index.50 This commenter Act 57 and the principles set forth in unavailable for the continued trading of also asserts that the proposed rule Commission’s staff legal bulletin, micro a product in which there is open change misleads investors by narrow-based indexes may consist of no interest.45 characterizing the proposed option as a fewer than two securities and no more broad-based index option, when the ISE than nine securities.58 CBOE also states B. Potential for Investor Confusion Max SPY Index actually consists of only that its micro narrow-based index 1. Characterization of the Product as a single component security.51 option rule applies only to an Options on the ISE Max SPY Index In response, ISE states that the rule underlying benchmark that is itself a filing makes clear that the ISE Max SPY security index.59 With respect to ISE’s One commenter asserts that ISE’s Index is calculated based on the traded description of the proposed options is reference to CBOE’s indexes that 46 prices of SPY shares, and that the measure the spot yield of individual inaccurate and misleading. This options on the ISE Max SPY Index are commenter understands from the filing U.S. Treasury Securities, CBOE states settled on the basis of a calculation of that ‘‘TNX options were not security that the settlement value for options on the NAV of the SPY trust’s assets.52 the ISE Max SPY Index would be index options, but instead were interest Further, to ensure that investors have an rate options based on interest rate calculated differently from all other ongoing means to access information values of the ISE Max SPY Index, stating values that were ‘indexed’ to make the about options on the ISE Max SPY options contracts a suitable size.’’ 60 that ‘‘the settlement value will be Index, ISE represents, in its second calculated by reference to the stocks in CBOE further states that TNX options response letter, that it will: (i) Work were regulated as interest rate options the S&P 500 Index as weighted by S&P with the OCC to amend the ODD to in its S&P 500 Index.’’ 47 This and were described for all purposes as provide a clear and unambiguous 61 commenter argues that the benchmark interest rate options. description of the product and any In response, ISE states that there is no for the proposed option is not SPY, unique risks associated with it; (ii) because the proposed options are not legal requirement that an index consists display the contract specifications on its 62 actually settled by reference to SPY.48 of more than one component. ISE Web site; (iii) create a special web page disagrees with the commenter’s devoted exclusively to the proposed 42 See id. As an example, ISE points out that the rationale that indexes must contain at Options Clearing Corporation (‘‘OCC’’) has by-laws options, which will describe in plain least two components, and states that and rules that, in the case of index options, permit English all the terms of this product, the commenter is ‘‘backpedaling on its it to create and use a replacement index to close out including index calculation and the open interest. See id. settlement; and (iv) follow the same 43 The ODD explains the characteristics and risks 55 See id. at 4 and CBOE Letter II, supra note 8, of exchange-traded options. Rule 9b–1 under the marketing process it follows for all of its at 4–6. CBOE states that ‘‘allowing options to trade Act requires, among other things, that broker- other new products, which is designed on a security index comprised of a single dealers furnish the ODD to a customer before to promote awareness and a clear component would implicate potentially far- accepting an order from the customer to purchase 53 reaching regulatory considerations under the understanding of the product. Exchange Act. If the concept of a ‘security index or sell an option contract relating to an options Further, according to one commenter, class that is the subject of the ODD, or approve the option’ is that elastic, then options on a single customer’s account for the trading of such option. to the extent that the ‘‘ISE Max SPY equity stock could just as easily be traded as a See 17 CFR 240.9b–1(d). Index’’ is ‘‘index-like,’’ it is only security index option, through the fiction of 44 See ISE Response Letter II, supra note 9, at because the SPY trust holds all of the creating a reference point to that single stock’s 4–5. prices. That has never before been contemplated, stocks in the S&P 500 index, weighted and should not be permitted—at least without deep 45 See id. at 5. ISE gives an example of a listed as the stocks in the S&P 500 index are regulatory examination of the implications of that company declaring bankruptcy, where all options 54 development.’’ See CBOE Letter II, supra note 8, at markets have delisted options on the stock and weighted. This commenter argues that 6. See also McGraw-Hill Letter I, supra note 4, at there was no available market to close existing open even if the benchmark could be said to note 3. interest. See id. ISE states that in these instances, have reference to SPY, the benchmark 56 investors with open positions waited until See ISE Response Letter I, supra note 6, at expiration and were either assigned or not, 7–8. according to OCC rules and procedures. See id. in which the options would be settled. See also 57 In this regard, CBOE points out that the McGraw-Hill Letter I, supra note 4, at 2–3 and note 46 See CBOE Letter I, supra note 4, at 4. definition of ‘‘security future’’ in Section 3 of the 5. Act makes a distinction between a ‘‘narrow-based 47 See id. See also McGraw-Hill Letter I, supra 49 See CBOE Letter II, supra note 8, at 2. security index’’ and a ‘‘single security.’’ See CBOE note 4, at 3. 50 See id. Another commenter also reiterates, in Letter II, supra note 8, at 5. 48 See CBOE Letter I, supra note 4, at 4. According its second comment letter, that the proposed 58 See id. at 4–5. to the commenter, this point is further illustrated options would not be settled based on any value of 59 by ISE’s proposal with respect to position limits for See id. at 5. the ISE Max SPY Index, but rather based on ISE’s 60 the options on the ISE Max SPY Index. See id. at See id. at 6. CBOE states that ‘‘[t]he term ‘index’ recalculation of the S&P 500 index, using the same 5. The commenter points out that ISE proposed no was used in referring to the reference value for the stocks selected by S&P and the same weighting position limits for these options by reference to the TNX in a manner distinct from the meaning of a methodology. See McGraw-Hill Letter II, supra note position limits for the p.m.-settled S&P 500 index ‘security index’ ’’ and that the term ‘‘meant a 8, at 2. (‘‘SPXPM’’) options, rather than the position limits number or a reference point, in the same sense that 51 for other SPY-based products. See id. Another See CBOE Letter II, supra note 8, at 4. the word ‘index’ is used in the term ‘consumer commenter states that the Commission should be 52 See ISE Response Letter I, supra note 6, at 3. price index.’ ’’ See id. concerned by the misleading disconnect between 53 See ISE Response Letter II, supra note 9, at 2. 61 See id. the name of the proposed options and the manner 54 See CBOE Letter I, supra note 4, at 5. 62 See ISE Response Letter II, supra note 9, at 5.
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own past history of creating one- In a second comment letter, CBOE ETFs with equity-only holdings.78 component indexes.’’ 63 reiterates that ISE fails to explain the Specifically, ISE explains that after the differences between its calculation of close of each trading day, the fund’s 2. Clarity and Completeness of the the NAV and the NAV published by the administrator provides to the NSCC the Description of the Options on the ISE trustee of the trust.72 CBOE states that portfolio securities of the fund, the Max SPY Index ISE’s proposal did not make clear that number of shares of each security, the i. Method for Calculating Settlement the settlement of the proposed options net cash of the fund, and the shares Values is based on a calculation of the NAV of outstanding of the fund.79 The NSCC the SPY ETF, and that the proposal makes this information available to One commenter states that ISE is misleads investors about how ISE would market participants on a daily basis after unclear in describing the assets that it calculate the settlement value.73 CBOE the close of each trading day.80 ISE would take into account in calculating notes that ‘‘ISE states that the NAV states that, by way of its market data the settlement value of the proposed calculation of an ETF ‘generally’ is vendor, it will calculate the settlement options, and points out the differences determined by ‘adding the trust’s net value using the data received from the between ISE’s calculation of the NAV of cash (accrued dividends minus accrued NSCC.81 SPY, as described in the Notice, and the fees and expenses)’ to the value of the 64 ii. Source of Prices Used in Calculating trust’s calculation of the NAV of SPY. portfolio securities,’’ thereby implying Settlement Values In particular, this commenter points out that it would do so as well when that ISE omitted the reference to ‘‘other computing the settlement value of the One commenter states that ISE is assets’’ of the trust in the description of proposed options.74 CBOE states, unclear in describing the sources of the 65 its calculation methodology. The however, that ‘‘ISE is careful never to prices that it would use in calculating commenter states that if ISE does not actually state—either in the ISE settlement values for the proposed take the ‘‘other assets’’ held in the trust Proposal or [ISE Response Letter I]—that options and that ISE’s representation of into account in calculating settlement it would use dividends and Trust the trust’s NAV calculation is values for the proposed options, its expenses when calculating the inconsistent with the prospectus.82 In settlement value calculation settlement value of the Proposed its response letter, ISE states that the methodology will ‘‘clearly diverge from Options.’’ 75 CBOE further points out filing clearly identifies the source of the the method used by the Trustee for the that ISE may not be able to include prices—the published closing prices Trust to calculate NAVs for the those factors in its calculation because from the primary market of the Trust.’’ 66 The commenter states that if the trust disseminates information about securities.83 ISE also disagrees with the this is ISE’s intent, it needs to be clearly the SPY ETF’s net cash at the same time comment that its representation is stated in the filing.67 as the information about the value of its inconsistent with the SPDR prospectus In its response letter, ISE states that stock holdings.76 because the trust may independently the ISE Max SPY Index ‘‘is settled by In a second response letter, ISE decide which exchange it deems to be reference to the value of the SPY ETF’’ specifically sets forth the formula for the ‘‘primary market’’ as a source for and that it is independently calculating settlement value calculation, including closing prices.84 In a second response the NAV of the SPY ETF using a the formula for calculating the NAV of letter, ISE again states that its methodology that closely tracks the SPY.77 ISE states that its NAV calculation of the NAV would be based methodology that State Street Global calculating method is the same standard upon the closing prices from the Advisors (‘‘SSgA’’) uses to calculate the method that is used industry-wide for primary markets of each portfolio NAV of the SPY ETF.68 ISE states that security, and that it recognizes that the generally, the NAV for equity-based 72 See CBOE Letter II, supra note 8, at 4. SPY trust may use different prices ETFs is calculated in the same manner, 73 See id. at 3–4. because the trustee reserves the right to 74 See id. at 3. evaluate portfolio securities regardless of who the calculation agent 75 69 See id. Another commenter states, in a second independently of closing sale prices if it is. ISE further explains that NAV is comment letter, that ‘‘the Commission should not determined by adding the value of the be misled by ISE’s oblique reference to the use of deems such prices to be 85 portfolio securities to the trust’s net a ‘well known methodology that is intended to ‘‘inappropriate.’’ cash (accrued dividends minus accrued track, as closely as possible SSGA’s methodology for its calculation of the NAV for the SPY ETF’ ’’ iii. Differences between Settlement fees and expenses), and dividing the because ‘‘[t]he ‘well-known methodology’ that ISE Value and All Other Values result by the total number of proposes to employ is to use S&P’s selection of One commenter states that ISE’s filing outstanding shares of the fund.70 stocks for inclusion in the S&P 500 and the manner ISE ‘‘does not contain any explanation of states that the net cash amount is in which those stocks are weighted by S&P for purposes of calculating the S&P 500, both of which why it proposes to calculate settlement usually determined by the fund’s are proprietary to S&P.’’ See McGraw-Hill Letter II, values of the Proposed Benchmark administrator, who provides that supra note 8, at 2. differently from all other values of the 76 See CBOE Letter II, supra note 8, at 3–4. CBOE information to the National Securities Proposed Benchmark.’’ 86 In its response Clearing Corporation (‘‘NSCC’’).71 reiterates this comment in its third comment letter. See CBOE Letter III, supra note 8, at 1–2. In particular, CBOE questions the timing that the 78 See id. at 3. 63 See id. information necessary for ISE to make the 79 See id. 64 See CBOE Letter I, supra note 4, at 5–6. settlement calculation would be made available. 80 See id. See id. In this regard, CBOE states that ‘‘the 65 See id. The commenter also states that the 81 See id. ISE states that, unlike the trust’s NAV information on which ISE purportedly would rely calculation of the values of the S&P 500 index, calculation, investors will have certainty in to compute the NAV of the SPY ETF would not be unlike the calculation of the NAV of SPY, does not knowing how the settlement value of ISE Max SPY available until hours after ISE’s admitted deadline.’’ take into account other assets such as dividends. options was calculated by ISE. See id. See id. at 2. Accordingly, CBOE concludes that See id. at 6. 82 ISE’s proposal ‘‘continues to mislead investors See CBOE Letter I, supra note 4, at 6–7. 66 See id. 83 about how the Proposed Options would settle.’’ See See ISE Response Letter I, supra note 6, at 6– 67 See id. id. See also infra Section III.B.2.i (describing the 7. 68 See ISE Response Letter I, supra note 6, at 4. calculating methodology for the settlement value of 84 See id. at 7. 69 See id. at 6. options on the ISE Max SPY Index). 85 See ISE Response Letter II, supra note 9, at 3. 70 See id. 77 See ISE Response Letter II, supra note 9, at 2– 86 See CBOE Letter I, supra note 4, at 7. The 71 See id. 3. ‘‘Proposed Benchmark’’ refers to the ISE Max SPY
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letter, ISE explains that it is doing so to response, CBOE differentiates the In its response letter, ISE states that it decrease the opportunity for settlement of SPX options from the will follow the well-settled process for manipulation and other abusive trading settlement of ISE Max SPY options.93 supplementing the ODD to devise practices.87 Specifically, ISE states that Specifically, CBOE states that SOQ 94 disclosure of any risks associated with a would-be manipulator would need to represents a modified calculation of the the proposed options that are manipulate the closing price of 500 same interest that underlies SPX options determined by the Listed Options individual stocks, as opposed to the during their life—the S&P 500 index.95 Disclosure Committee (‘‘LODC’’) 103 to closing price of one ETF.88 ISE also Conversely, CBOE states that ISE would be necessary for disclosure.104 Further, states that its calculation of the NAV use a different underlying benchmark to as discussed above, in its second would allow for a timely settlement of calculate the settlement value of the response letter, ISE represents that it the proposed options.89 Specifically, proposed options—the benchmark will work with the OCC to amend the ISE states that the obligation of SSgA is during the life of the proposed options ODD to provide a clear and to establish a NAV of the SPY ETF would be the ISE Max SPY Index (based unambiguous description of the before the next day’s opening.90 on the traded prices of SPY), whereas proposed options and any unique risks However, since the OCC requires the benchmark at settlement would be a associated with it.105 settlement values to be sent to it the 96 recalculated S&P 500 index. IV. Proceedings To Determine Whether same day as the settlement of an option, To Approve or Disapprove SR–ISE– ISE cannot rely on the SSgA-published iv. Special Dividends and Special 2012–22, as Modified by Amendment NAV.91 Distributions Further, ISE points out that ‘‘the No. 1, and Grounds for Disapproval One commenter states that companies Under Consideration concept of utilizing a reference price to in the S&P 500 index from time to time settle an index option product that pay special dividends and make special The Commission is instituting differs from the values of the proposed distributions to their shareholders, and proceedings pursuant to Section 19(b)(2) benchmark is not novel, and is best ISE did not explain whether or how the of the Act to determine whether the illustrated in CBOE’s AM-settled S&P relationship between settlement value proposed rule change should be 106 500 index [(‘‘SPX’’)] options.’’ 92 In and other values would be preserved in approved or disapproved. Institution such a circumstance.97 of such proceedings is appropriate at Index. See id. at note 2. This commenter further this time in view of the legal and policy states that ‘‘ISE’s plan to use the same prices to In its response letter, ISE states that it has never been a practice of the issues raised by the proposed rule calculate settlement values that S&P uses to change. Institution of disapproval calculate the S&P 500 demonstrates that ISE’s true exchanges to describe the details on purpose is to replicate the value of the S&P 500 as dividend processing for components of proceedings does not indicate that the closely as possible, even though doing so creates Commission has reached any the possibility of discontinuities between the indexes in rule filings seeking approval of index options.98 Further, ISE states conclusions with respect to any of the settlement values of the Proposed Benchmark and issues involved. Rather, as described in all other values of that benchmark.’’ See id. at 7. that because the proposed product is an See also CBOE Letter II, supra note 8, at 3 (stating index option, it does not anticipate greater detail below, the Commission that ISE intends ‘‘to replicate European-style, p.m. seeks and encourages interested persons settled S&P 500 index options’’ by ‘‘divorcing its adjustments being made to the options as a result of any component dividends, to provide additional comment on the Proposed Options from all connection to the ISE proposed rule change to inform the Max SPY Index value at the most important time— and that this is customary practice for i.e., settlement—and by instead calculating the index options.99 Commission’s analysis of whether to settlement value on the ‘closing prices of [the] 500 approve or disapprove the proposed individual stocks’ in the S&P 500 index.’’) 3. ODD Amendments rule change. 87 See ISE Response Letter I, supra note 6, at 4. As discussed above, the proposed rule One commenter suggests that the ODD CBOE disagrees with ISE’s argument that its change would allow ISE to list and trade calculation methodology for the settlement of would require supplementation before European-style, p.m. and cash settled options on the ISE Max SPY Index would decrease the proposed options could be listed manipulation because ‘‘the SPY ETF is one of the options on the ISE Max SPY Index. The and traded.100 First, this commenter most actively traded securities in the investing proposed options would not be subject states that an investor looking for world.’’ See CBOE Letter II, supra note 8, at 3. to position limits. The real-time value of 88 See ISE Response Letter I, supra note 6, at 5. disclosure with respect to the proposed the ISE Max SPY Index would be 89 See id. at 4. See also supra note 76 (discussing product might be uncertain as to calculated by multiplying the share CBOE’s response to this comment in its third whether they are described in Chapter comment letter). prices of SPY by a factor of ten and III (Options on Equity Securities) or 90 See id. at 5. rounding to the tenth place, whereas the 91 Chapter IV (Index Options) of the See id. at 5–6. In its second response letter, ISE settlement value of the option would be reiterates that because the trustee is under no ODD.101 Second, this commenter states obligation to distribute the NAV before the next that the ODD would need to be 103 ISE states that the LODC is comprised of day’s open, ISE will perform its own calculation of supplemented to provide disclosure the NAV to ensure that the settlement value is representatives of the OCC and each of the transmitted to OCC in time for regular processing with respect to the difference between participant exchanges, and has the responsibility of expiring contracts (generally before 6 p.m. ET). the calculation of the settlement value for determining and performing the necessary See ISE Response Letter II, supra note 9, at 3–4. and all other values of the proposed disclosure. See ISE Response Letter I, supra note 6, at 8. 92 See ISE Response Letter I, supra note 6, at 4– options.102 5. Specifically, ISE states that SPX options use a 104 See id. settlement value calculation called the Special 105 See ISE Response Letter II, supra note 9, at 2. Opening Quotation (‘‘SOQ’’), and SOQ is a special 93 See CBOE Letter II, supra note 8, at 2. 106 15 U.S.C. 78s(b)(2). Section 19(b)(2)(B) of the calculation of the underlying index where the 94 See supra note 92. Act provides that proceedings to determine whether opening prices of the index components are used 95 See CBOE Letter II, supra note 8, at 2. to approve or disapprove a proposed rule change to determine the settlement value of options 96 See id. must be concluded within 180 days of the date of contracts. See id. at 5. According to ISE, because 97 See CBOE Letter I, supra note 4, at 7. publication of notice of the filing of the proposed component stocks may open after the primary rule change. The time for conclusion of the 98 See ISE Response Letter I, supra note 6, at 7. markets have opened, or not at all, this can result proceedings may be extended for up to an 99 in a settlement value that has a significant See id. additional 60 days if the Commission finds good discrepancy from the initial index quote. See id. ISE 100 See CBOE Letter I, supra note 4. cause for such extension and publishes its reasons reiterates this point in its second response letter. 101 See id. at 7–8. for so finding or if the self-regulatory organization See ISE Response Letter II, supra note 9, at 4. 102 See id. at 8–9. consents to the extension.
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based on the NAV of SPY, as calculated options are designed to protect investors trading has already begun, do by ISE,107 on a per share basis, times and the public interest. commenters believe any harm would ten. result if the Exchange started trading the V. Procedure: Request for Written proposed options before all judicial The section of the Act applicable to Comments the proposed rule change that provides challenges to the lawfulness of the the grounds for the disapproval (or The Commission requests that proposed options under state law have approval) under consideration is interested persons provide written been resolved? Why or why not? submissions of their views, data and Section 6(b)(5),108 which requires that • As outlined above, the Exchange arguments with respect to the issues the rules of an exchange be designed, identified above, as well as any others has provided additional detail about among other things, to prevent they may have identified with the how it intends to calculate the fraudulent and manipulative acts and proposal. In particular, the Commission settlement value for options on the ISE practices, to promote just and equitable 116 invites the written views of interested Max SPY Index. What are principles of trade, to remove persons concerning whether the commenters’ views as to whether the impediments to and perfect the proposed rule change is consistent with Exchange should provide additional mechanism of a free and open market Section 6(b)(5) or any other provision of clarity in the filing regarding the and a national market system and, in the Act, or the rules and regulations calculation methodology for the general, to protect investors and the thereunder. Although there do not settlement value of options on the ISE public interest. appear to be any issues relevant to Max SPY Index to mitigate concerns As discussed above, one commenter approval or disapproval which would regarding the potential for investor supports the proposed rule change,109 be facilitated by an oral presentation of confusion? Please be specific in your while two commenters oppose the views, data, and arguments, the response. proposed rule change.110 Commenters Commission will consider, pursuant to • As noted above, the Exchange raise the concern that the proposed rule Rule 19b-4, any request for an would calculate the value of the ISE change could lead to significant market opportunity to make an oral Max SPY Index by reference to the disruption and harm to investors if ISE presentation.115 traded prices of SPY, times ten, at all commences trading in the proposed Interested persons are invited to times. However, the settlement value of options before all judicial challenges to submit written data, views and the options on the ISE Max SPY Index the lawfulness of the proposed options arguments regarding whether the would be calculated by reference to the under state law have been resolved.111 proposed rule change should be NAV of SPY, as calculated by the In addition, commenters raise concerns approved or disapproved by August 10, Exchange, on a per share basis, times regarding whether the proposed new 2012. Any person who wishes to file a ten.117 What are commenters’ views of product could be misleading to rebuttal to any other person’s the impact, if any, of the differences investors and questioned the accuracy submission must file that rebuttal by between the calculation of the and clarity of ISE’s description of the August 27, 2012. settlement value of the proposed proposed options, including the The Commission is asking that options and the value of the ISE Max calculation of the settlement value,112 commenters address the merit of ISE’s SPY Index itself on investor the differences between the calculation statements in support of the proposal, in understanding of the options on the ISE of the settlement value and all other addition to any other comments they Max SPY Index? Do commenters believe values of the ISE Max SPY Index,113 and may wish to submit about the proposed that the differences between the the characterization of the proposed rule change. Specifically, the calculation of the settlement value of options as options on the ‘‘ISE Max SPY Commission is requesting comment on the proposed options and the value of Index.’’ 114 the following: • the ISE Max SPY Index itself could In light of the concerns raised by What are commenters’ views as to cause investor confusion? Please commenters, the Commission believes whether market disruption and harm to explain why or why not. investors would occur if the that questions remain as to whether the • If commenters believe that the proposed rule change is consistent with Commission were to approve the proposed rule change before all judicial differences between the calculation of the requirements of Section 6(b)(5) of the settlement value of the proposed the Act, including whether the proposed challenges to the lawfulness of the proposed options under state law have options and the value of the ISE Max been resolved? In light of the Exchange’s SPY Index itself could cause investor 107 See supra note 13. representation that it would not start confusion, what are commenters’ views 108 15 U.S.C. 78f(b)(5). as to whether the steps that ISE has 109 trading the proposed options until the See NYSE Letter, supra note 4. proposed to take to provide investors 110 Illinois Circuit Court rules on the See CBOE Letter I, supra note 4; McGraw-Hill 118 Letter I, supra note 4; CBOE Letter II, supra note motion to enforce the Injunction, and its with information about the product 8; McGraw-Hill Letter II, supra note 8; and CBOE representation regarding the potential Letter III, supra note 8. mechanisms to ensure an orderly wind 116 See supra Section III.B.2.i. and note 13. 111 See CBOE Letter I, supra note 4, at 2; McGraw- 117 down of trading in the event that ISE is See supra Section III.B.2.i. and note 13. Hill Letter I, supra note 4, at 1 and 4; CBOE Letter 118 As stated above, in its second response letter, II, supra note 8, at 6–8; and McGraw-Hill Letter II, enjoined from offering the product after ISE represents that it will: (i) Work with the OCC supra note 8, at 2–3. to amend the ODD to provide a clear and 112 See CBOE Letter I, supra note 4, at 5–7; CBOE 115 Section 19(b)(2) of the Act, as amended by the unambiguous description of the product and any Letter II, supra note 8, at 3–4; McGraw-Hill Letter Securities Acts Amendments of 1975, Pub. L. 94– unique risks associated with it; (ii) display the II, supra note 8, at 2; and CBOE Letter III, supra 29, 89 Stat. 97 (1975), grants the Commission contract specifications on its Web site; (iii) create note 8, at 1–2. flexibility to determine what type of proceeding— a special Web page devoted exclusively to the 113 See CBOE Letter I, supra note 4, at 7; McGraw- either oral or notice and opportunity for written proposed options, which will describe in plain Hill Letter I, supra note 4, at 3; and CBOE Letter comments—is appropriate for consideration of a English all the terms of this product, including II, supra note 8, at 2–3. particular proposal by a self-regulatory index calculation and settlement; and (iv) follow 114 See CBOE Letter I, supra note 4, at 4–5; organization. See Securities Acts Amendments of the same marketing process it follows for all of its McGraw-Hill Letter I, supra note 4, at 2–4; CBOE 1975, Report of the Senate Committee on Banking, other new products, which is designed to promote Letter II, supra note 8, at 2–7; and McGraw-Hill Housing and Urban Affairs to Accompany S. 249, awareness and a clear understanding of the product. Letter II, supra note 8, at 2. S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975). See ISE Response Letter II, supra note 9, at 2.
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would be sufficient to mitigate such available publicly. All submissions Exchange has prepared summaries, set concerns? should refer to File Number SR–ISE– forth in Sections A, B, and C below, of • Do commenters believe that the 2012–22 and should be submitted on or the most significant aspects of such characterization of the proposed options before August 10, 2012. Rebuttal statements. as options on the ‘‘ISE Max SPY Index’’ comments should be submitted by A. Self-Regulatory Organization’s would have the potential to cause August 27, 2012. Statement of the Purpose of, and investor confusion? If so, why? If not, For the Commission, by the Division of why not? If so, what are commenters’ Statutory Basis for, the Proposed Rule Trading and Markets, pursuant to delegated Change views on whether any potential authority.120 confusion would be sufficiently Kevin M. O’Neill, 1. Purpose mitigated by the steps that ISE has Deputy Secretary. The Exchange proposes to make proposed to take to provide investors [FR Doc. 2012–15489 Filed 6–25–12; 8:45 am] administrative changes and correct with information about the product? 119 BILLING CODE 8011–01–P inadvertent typographical errors to the Please be specific in your response. Exhibit 5 to SR–BX–2012–036 3 (‘‘2012– Comments may be submitted by any 036 Exhibit 5’’) so that the text properly of the following methods: SECURITIES AND EXCHANGE reflects the changes as intended in the Electronic Comments COMMISSION purpose section of SR–BX–2012–036. • Use the Commission’s Internet [Release No. 34–67224; File No. SR–BX– SR–BX–2012–036 was filed for comment form (http://www.sec.gov/ 2012–040] immediate effectiveness on May 14, rules/sro.shtml); or 2012. The administrative changes and • Send an email to rule- Self-Regulatory Organizations; typographical errors to 2012–036 [email protected]. Please include File NASDAQ OMX BX, Inc.; Notice of Filing Exhibit 5 are explained below: Number SR–ISE–2012–22 on the subject and Immediate Effectiveness of The Grandfathered BSE Rules line. Proposed Rule Change Making a Clerical Correction to the Chapter I–B ends in a comma. The Paper Comments Grandfathered Rules comma is being deleted and a period is • Send paper comments in triplicate being added. In Chapter XVIII— to Elizabeth M. Murphy, Secretary, June 20, 2012. Conduct, Section 4, the language Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the ‘‘provided in’’ was added to the 2012– 100 F Street NE., Washington, DC Securities Exchange Act of 1934 036 Exhibit 5, but it should have been 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 underlined to denote that it was new All submissions should refer to File notice is hereby given that on June 7, text. In addition, a reference to BX Rules Number SR–ISE–2012–22. This file 2012, NASDAQ OMX BX, Inc. (‘‘BX’’ or 9126, should read BX Rule 9126. As number should be included on the ‘‘Exchange’’), filed with the Securities proposed an ‘‘s’’ in the word Rules, is subject line if email is used. To help the and Exchange Commission being deleted from the rule text. Commission process and review your (‘‘Commission’’) the proposed rule Chapter XXXIII, Section 7 had a single comments more efficiently, please use change as described in Items I and II bracket (‘‘[’’) denoting that text was only one method. The Commission will below, which Items have been prepared going to be removed before the word post all comments on the Commission’s by the Exchange. The Commission is Article that should not have been placed Internet Web site (http://www.sec.gov/ publishing this notice to solicit in the 2012–036 Exhibit 5. It was rules/sro.shtml). Copies of the comments on the proposed rule change intended that that word remain in the submission, all subsequent from interested persons. rule text. In Chapter XXXIV, Section 4, a reference to BX Rule 9000 and a amendments, all written statements I. Self-Regulatory Organization’s reference to BX Rule 9216 was added to with respect to the proposed rule Statement of the Terms of Substance of the rule text. However, in both places, change that are filed with the the Proposed Rule Change Commission, and all written BX should have been underlined to The Exchange proposes to amend the denote that it was new text. communications relating to the Grandfathered Rules. The text of the proposed rule change between the proposed rule change is available at Grandfathered Boston Options Exchange Commission and any person, other than http://nasdaq.cchwallstreet.com, at the Group LLC Rules those that may be withheld from the Exchange’s principal office, and at the In Chapter 1, Section 1 (9), the word public in accordance with the Commission’s Public Reference Room. ‘‘a’’ was added as new text, which as provisions of 5 U.S.C. 552, will be proposed will be deleted. In Chapter II, II. Self-Regulatory Organization’s available for Web site viewing and Section 1(c), the language ‘‘of the Boston Statement of the Purpose of, and printing in the Commission’s Public Stock Exchange, Inc. (‘‘Constitution’’)’’, Statutory Basis for, the Proposed Rule Reference Room, 100 F Street NE., should have been removed, the opening Change Washington, DC 20549, on official bracket was added, to the 2012–036 business days between the hours of 10 In its filing with the Commission, the Exhibit 5, but the closing bracket was a.m. and 3 p.m. Copies of the filing also Exchange included statements not added. The Exchange is proposing will be available for inspection and concerning the purpose of, and basis for, to add the closing bracket to properly copying at the principal office of the the proposed rule change and discussed note what language should have been Exchange. All comments received will any comments it received on the deleted. Section 6 added the word be posted without change; the proposed rule change. The text of these Reserved to the Rule text; however, it Commission does not edit personal statements may be examined at the should have been underlined to denote identifying information from places specified in Item IV below. The that it was new text. submissions. You should submit only information that you wish to make 120 17 CFR 200.30–3(a)(57). 3 Securities Exchange Act Release No. 67009 (May 1 15 U.S.C. 78s(b)(1). 17, 2012), 77 FR 30566 (May 23, 2012) (SR–BX– 119 See id. 2 17 CFR 240.19b–4. 2012–036).
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In Chapter V, an extra closing bracket the protection of investors or the public also will be available for inspection and was added to the deletions to 2012–036 interest, does not impose any significant copying at the principal offices of the Exhibit 5. The extra bracket will be burden on competition, and, by its Exchange. All comments received will removed to clarify that the entire section terms, does not become operative for 30 be posted without change; the will be deleted. In Chapter VI, Section days after the date of the filing, or such Commission does not edit personal 4, BX Rules 9000 Series should have shorter time as the Commission may identifying information from been underlined to denote new text. In designate if consistent with the submissions. You should submit only Chapter X, the Exchange added ‘‘See protection of investors and the public information that you wish to make also BX Rule 9216’’ to the 2012–036 interest. At any time within 60 days of available publicly. All submissions Exhibit 5. The Exchange now proposes the filing of the proposed rule change, should refer to File Number SR–BX– to add that section reference to the end the Commission summarily may 2012–040, and should be submitted on of the sentence rather than in the temporarily suspend such rule change if or before July 17, 2012. it appears to the Commission that such middle of the sentence. In addition, the For the Commission, by the Division of following sentence, which follows that action is necessary or appropriate in the Trading and Markets, pursuant to delegated reference, should begin with a capital public interest, for the protection of authority.8 ‘‘T.’’ Finally, where ‘‘BX Rules 9000 investors, or otherwise in furtherance of Kevin M. O’Neill, the purposes of the Act. Series’’ was added to the 2012–036 Deputy Secretary. Exhibit 5, the word Series was not IV. Solicitation of Comments [FR Doc. 2012–15493 Filed 6–25–12; 8:45 am] underlined to denote that it was new text. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and 2. Statutory Basis arguments concerning the foregoing, SECURITIES AND EXCHANGE The Exchange believes that the including whether the proposed rule COMMISSION proposed rule change is consistent with change is consistent with the Act. the provisions of Section 6 of the Act,4 Comments may be submitted by any of in general, and with Section 6(b)(5) of the following methods: [Release No. 34–67227; File No. SR–FICC– 2012–05] the Act,5 in particular, in that the Electronic Comments proposal is designed to promote just and • Use the Commission’s Internet Self-Regulatory Organizations; Fixed equitable principles of trade, to remove comment form (http://www.sec.gov/ Income Clearing Corporation; Notice of impediments to and perfect the rules/sro.shtml); or Filing of Proposed Rule Change To mechanism of a free and open market • Send an email to rule- Amend the Rules Regarding the GCF and a national market system, and, in [email protected]. Please include File Repo Service To Adopt Changes general, to protect investors and the Number SR–BX–2012–040 on the Recommended by the Tri-Party Repo public interest. The proposed rule subject line. Infrastructure Reform Task Force change is consistent with these provisions in that it will allow the Paper Comments June 20, 2012. Exchange to make administrative • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the changes and correct inadvertent to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 typographical errors. Securities and Exchange Commission, (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 B. Self-Regulatory Organization’s 100 F Street NE., Washington, DC notice is hereby given that on June 8, Statement on Burden on Competition 20549–1090. 2012, the Fixed Income Clearing All submissions should refer to File The Exchange does not believe that Corporation (‘‘FICC’’) filed with the Number SR–BX–2012–040. This file Securities and Exchange Commission the proposed rule change will impose number should be included on the any burden on competition not (‘‘Commission’’) the proposed rule subject line if email is used. To help the change as described in Items I and II necessary or appropriate in furtherance Commission process and review your of the purposes of the Act. below, which Items have been prepared comments more efficiently, please use primarily by FICC. The Commission is C. Self-Regulatory Organization’s only one method. The Commission will publishing this notice to solicit Statement on Comments on the post all comments on the Commission’s comments on the proposed rule change Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ from interested persons. Members, Participants, or Others rules/sro.shtml). Copies of the submission, all subsequent I. Self-Regulatory Organization’s The Exchange has neither solicited amendments, all written statements Statement of the Terms of Substance of nor received comments on the proposed with respect to the proposed rule the Proposed Rule Change rule change. change that are filed with the The purpose of the proposed rule III. Date of Effectiveness of the Commission, and all written change is to seek the Commission’s Proposed Rule Change and Timing for communications relating to the approval to extend the pilot program Commission Action proposed rule change between the (the ‘‘Pilot Program’’) that is currently in This proposed rule change is filed Commission and any person, other than effect for certain aspects of the GCF pursuant to paragraph (A) of section those that may be withheld from the Repo service®.3 FICC is requesting that 19(b)(3) of the Exchange Act 6 and Rule public in accordance with the the Pilot Program be extended for one 19b–4(f)(6) thereunder.7 This proposed provisions of 5 U.S.C. 552, will be year following the date of the rule change does not significantly affect available for Web site viewing and printing in the Commission’s Public 8 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78f. Reference Room, 100 F Street NE., 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(5). Washington, DC 20549, on official 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(3)(A). business days between the hours of 10 3 GCF Repo is a registered trademark of FICC/ 7 17 CFR 240.19b–4(f)(6). a.m. and 3 p.m. Copies of such filing DTCC.
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Commission’s approval of this proposed certain modifications to the Pilot that dealers using different clearing rule change filing.4 Program as noted below. banks could enter into GCF Repo transactions (on a blind brokered II. Self-Regulatory Organization’s Background: Description of the GCF basis).11 Because dealer members that Statement of the Purpose of, and Repo Service and History participate in the GCF Repo service do Statutory Basis for, the Proposed Rule (1) Creation of the GCF Repo Service not all clear at the same clearing bank, Change The GCF Repo service allows introducing the service as an interbank In its filing with the Commission, Government Securities Division service necessitated the establishment of FICC included statements concerning (‘‘GSD’’) dealer members to trade a mechanism to permit after-hours the purpose of and basis for the general collateral repos 8 throughout the movements of securities between the proposed rule change and discussed any day without requiring intra-day, trade- two clearing banks to deal with the fact comments it received on the proposed for-trade settlement on a delivery- that GSCC would likely have rule change. The text of these statements versus-payment (DVP) basis. The service unbalanced net GCF securities and cash may be examined at the places specified allows the dealers to trade such general positions within each clearing bank in Item IV below. FICC has prepared collateral repos, based on rate and term, (that is, it is likely that at the end of GCF summaries, set forth in sections (A), (B), throughout the day with inter-dealer Repo processing each business day, the and (C) below, of the most significant broker netting members on a blind basis. dealers in one clearing bank will be net aspects of these statements.5 Standardized, generic CUSIP numbers funds borrowers, while the dealers at have been established exclusively for the other clearing bank will be net funds (A) Self-Regulatory Organization’s GCF Repo processing and are used to lenders). To address this issue, GSCC Statement of the Purpose of, and specify the acceptable type of and its clearing banks established, and Statutory Basis for, the Proposed Rule underlying Fedwire book-entry eligible the Commission approved, a legal Change collateral, which includes Treasuries, mechanism by which securities would (i) On July 12, 2011, FICC submitted Agencies, and certain mortgage-backed ‘‘move’’ across the clearing banks a proposed rule change filing to the securities.9 without the use of the Fedwire Commission (SR–FICC–2011–05) The GCF Repo service was developed Securities Service (‘‘Fedwire proposing to make certain changes to its as part of a collaborative effort among Securities’’).12 (Movements of cash do GCF Repo service in order to comply the Government Securities Clearing not present the same issue because the with the recommendations that had Corporation (‘‘GSCC’’) (GSD’s Fedwire Funds Service (‘‘Fedwire been made by the Tri-Party Repo predecessor), its two clearing banks Funds’’) is open later than Fedwire Infrastructure Reform Task Force (The Bank of New York Mellon (‘‘BNY’’) Securities). Therefore, at the end of the (‘‘TPR’’), an industry group formed and and JPMorgan Chase Bank, National day, after the GCF net results are sponsored by the Federal Reserve Bank Association (‘‘Chase’’)), and industry produced, securities are pledged via a of New York.6 Because the GCF Repo representatives. GSCC introduced the tri-party-like mechanism and the service operates as a tri-party GCF Repo service on an intra-clearing interbank cash component is moved via mechanism, FICC was requested to bank basis in 1998.10 Under the Fedwire Funds. In the morning, the incorporate changes to the GCF Repo intrabank service, dealers could only pledges are unwound, that is, funds are service to align the service with the engage in GCF Repo transactions with returned to the net funds lenders and other TPR recommended changes for the other dealers that cleared at the same securities are returned to the net funds overall tri-party repo market. clearing bank. borrowers. The following simplified example The rule change described in SR– (2) Creation of the Interbank Version of illustrates the manner in which the GCF FICC–2011–05 was proposed to be run the GCF Repo Service Repo service works on an interbank as a Pilot Program for one year starting In 1999, GSCC expanded the GCF basis: from the date on which the Commission Repo service to permit dealer approved the filing.7 During this past Assume that Dealer B clears at BNY and participants to engage in GCF Repo Dealer C clears at Chase. Further assume that: year, FICC implemented a portion of the trading on an interbank basis, meaning rule changes that were included in SR– (i) outside of FICC, Dealer B engages in a tri- party repo transaction with Party X to obtain FICC–2011–05 and wishes to continue 8 A general collateral repo is a repo in which the funds and seeks to invest such funds via a to have these aspects of the GCF Repo underlying securities collateral is nonspecific, GCF Repo transaction; (ii) outside of FICC, service continue as part of the renewed general collateral whose identification is at the Dealer C engages in a DVP repo transaction Pilot Program. FICC also wishes to make option of the seller. This is in contrast to a specific with Party Y to buy securities and seeks to collateral repo. finance these securities via a GCF Repo 9 In 2009, the Commission approved FICC rule 4 If FICC determines to change the parameters of transaction; and (iii) Dealer B and Dealer C filing 2009–04 to add debt securities issued under enter into a GCF Repo transaction (on a blind the service during the one-year Pilot Program the Debt Guaranty Program component of the extension period, it will submit a proposed rule Federal Deposit Insurance Corporation’s (‘‘FDIC’’) basis via a GCF Repo broker) and submit the change filing to the Commission. If FICC seeks to Temporary Liquidity Guarantee Program (‘‘TLGP’’) trade details to FICC. extend the Pilot Program beyond the one-year to the GCF Repo Service. See Securities Exchange At the end of ‘‘Day 1,’’ GCF Repo period or proposes to make the Pilot Program Act Release No. 34–59558 (March 11, 2009), 74 FR permanent, it will also submit a proposed rule 11385 (March 17, 2009). The TLGP, one of the steps collateral must be allocated, i.e., Dealer change filing to the Commission. taken by the U.S. Government to stabilize the credit B must receive the securities. However, 5 The Commission has modified the text of the markets and stimulate lending, was designed to the securities that Dealer B is to receive summaries prepared by FICC. allow banks to issue FDIC-insured debt, ensuring are at Chase and Fedwire Securities is 6 The main purpose of the TPR was to develop that the banks would be able to roll over any debt recommendations to address the risk presented by coming due in the coming months. The guarantee closed. The after-hours movement tri-party repo transactions due to the current consists of timely payment of principal and interest. morning reversal or ‘‘unwind’’ process and to move The expiration of the FDIC’s guarantee is the earlier 11 See Securities Exchange Act Release No. 34– to a process by which tri-party repo transactions are of either the maturity date of the issued debt or June 41303 (April 16, 1999), 64 FR 20346 (April 26, collateralized all day. 2012. 1999). 7 Securities Exchange Act Release No. 34–65213 10 See Securities Exchange Act Release No. 34– 12 See id. for a detailed description of the clearing (August 29, 2011), 76 FR 54824 (September 2, 40623 (October 30, 1998), 63 FR 59831 (November bank and FICC accounts needed to effect the after- 2011). 5, 1998). hour movement of securities.
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mechanism permits the securities to be (3) Issues With Morning Unwind that will move at end of day—however, ‘‘sent’’ to Dealer B as follows: FICC will Process this amount gets netted with the amount instruct Chase to allocate to a special In 2003, FICC shifted the GCF Repo that would have been due in the FICC clearance account at Chase service back to intrabank status only.14 morning, thus further reducing the securities in an amount equal to the net By that time, the service had grown interbank funds movement. The NFE short securities position. significantly in participation and holds are released when the interbank funds movement is made at end of day. FICC has established on its own books volume. However, with the increase in The 2007 NFE Filing did not involve and records two ‘‘securities accounts’’ use of the interbank service, certain payments systems risk issues arose from any changes to the after-hours as defined in Article 8 of the New York movement of securities occurring at the Uniform Commercial Code, one in the the inter-bank funds settlements related to the service, namely, the large end of the day on Day 1. name of Chase (‘‘FICC Account for interbank funds movement in the Using the example above: Chase’’) and one in the name of BNY morning. FICC shifted the service back On the morning of Day 2, Dealer C who (‘‘FICC Account for BNY’’). The FICC to intrabank status to enable needs to return funds in the unwind, instead Account for Chase is comprised of the management to study the issues of returning the funds in the morning, grants securities in FICC’s special clearance presented and identify a satisfactory to FICC a security interest in Dealer C’s NFE- account maintained by BNY (‘‘FICC solution for bringing the service back to related collateral equal to its funds Special Clearance Account at BNY for interbank status. movement (it is assumed only one GCF Repo Chase’’), and the FICC Account for BNY transaction took place in this simplified is comprised of the securities in FICC’s (4) The NFE Filing and Restoration of example). FICC, in turn, grants BNY (that was Service to Interbank Status due to receive the funds) a security interest special clearance account maintained by in the NFE-related collateral to support the Chase (‘‘FICC Special Clearance In 2007, FICC submitted to the debit in the FICC account at BNY. As noted Account at Chase for BNY’’).13 The Commission a proposed rule change to above, the debit in FICC’s account at BNY establishment of these securities address the issues raised by the arises because, under the current processing, accounts by FICC in the name of the interbank morning funds movement and Dealer B must receive its funds during the clearing banks enables the clearing bank return the GCF Repo service to morning unwind. The FICC debit is then interbank status (‘‘2007 NFE Filing’’).15 satisfied during the end of day GCF Repo that is in the net long securities position settlement process. to ‘‘receive’’ securities by pledge after The 2007 NFE Filing addressed these issues by using a hold against a dealer’s the close of Fedwire Securities. Once As part of the 2007 NFE Filing, FICC ‘‘net free equity’’ (‘‘NFE’’) at the clearing the clearing bank has ‘‘received’’ the imposed certain additional risk bank to collateralize its GCF Repo cash management measures with respect to securities by pledge, it can credit them obligation to FICC on an intraday the GCF Repo service. First, FICC by book-entry to a FICC GCF Repo basis.16 imposed a collateral premium (‘‘GCF account at that clearing bank and then The 2007 NFE Filing replaced the Day Premium Charge’’) on the GCF Repo to the dealers that clear at that bank that 2 morning unwind process with an portion of the Clearing Fund deposits of are net long the securities in connection alternate process, which is currently in all GCF participants to further protect with GCF Repo trades. effect. Specifically, in lieu of making FICC in the event of an intra-day default In the example, Chase, as agent for funds payments, the interbank dealers of a GCF Repo participant. FICC FICC, will transmit to BNY a description grant to FICC a security interest in their requires GCF Repo participants to of the securities in the FICC Special NFE-related collateral equal to their submit a quarterly ‘‘snapshot’’ of their Clearance Account at Chase for BNY. prorated share of the total interbank holdings by asset type to enable risk Based on this description, BNY will funds amount. FICC, in turn, grants to management staff to determine the the other clearing bank (that was due to transfer funds equal to the funds appropriate Clearing Fund premium. As receive the funds) a security interest in borrowed position to the FICC GCF with all other instances of late the NFE-related collateral to support the Repo account at Chase. Upon receipt of submissions of required information, debit in the FICC account at the clearing members who do not submit this the funds by Chase, Chase will release bank. The debit in the FICC account any liens it may have on the FICC required information by the deadlines (‘‘Interbank Cash Amount Debit’’) established by FICC are subject to a fine Special Clearance Account at Chase for occurs because the dealers who are due BNY, and FICC will release any liens it and an increased Clearing Fund to receive funds in the morning must premium. may have on the FICC Account for BNY receive those funds at that time in Second, the 2007 NFE Filing (both of these accounts being comprised return for their release of collateral. The addressed the situation where FICC of the same securities). BNY will credit debit in the FICC account at the clearing becomes concerned about the volume of the securities in the FICC Account for bank gets satisfied during the end of day interbank GCF Repo activity. Such a BNY to FICC’s GCF Repo account at GCF Repo settlement process. concern might arise, for example, if BNY, and BNY will further credit these Specifically, that day’s new activity market events were to cause dealers to securities to Dealer B, who, as noted, is yields a new interbank funds amount turn to the GCF Repo service for in a net long securities position. In the increased funding at levels beyond morning of ‘‘Day 2,’’ all securities and 14 See Securities Exchange Act Release No. 34– 48006 (June 10, 2003), 68 FR 35745 (June 16, 2003). normal processing. The 2007 NFE Filing funds movements occurring on Day 1 15 See Securities Exchange Act Release No. 34– provides FICC with the discretion to are reversed (‘‘unwind’’). 57652 (April 11, 2008), 73 FR 20999 (April 17, institute risk mitigation and appropriate 2008). disincentive measures in order to bring 16 NFE is a methodology that clearing banks use GCF Repo levels to a comfortable level to determine whether an account holder (such as a 13 FICC has appointed Chase as its agent to 17 dealer) has sufficient collateral to enter into a from a risk management perspective. maintain FICC’s books and records with respect to specific transaction. NFE allows the clearing bank the BNY securities account, and FICC has to place a limit on its customer’s activity by 17 Specifically, the 2007 NFE Filing introduced appointed BNY as its agent to maintain FICC’s calculating a value on the customer’s balances at the term ‘‘GCF Repo Event,’’ which will be declared books and records with respect to the Chase the bank. Bank customers have the ability to by FICC if either of the following occurs: (i) The securities account. monitor their NFE balance throughout the day. GCF interbank funds amount exceeds five times the
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Proposed Changes to the GCF Repo changes that have not yet been change is needed in Section 3 of Rule Service To Implement the TPR’s implemented. 20 to delete the reference to the Recommendations ‘‘morning’’ timeframe on Day 2 with (1) Proposed Change Regarding the respect to the NFE process and to add In SR–FICC–2011–05, FICC proposed Morning Unwind and Related Rule language referencing ‘‘at the time the following rule changes with respect Changes to the GCF Repo service to address the established by the Corporation.’’ The TPR has recommended that the TPR’s Recommendations: (2) Proposed Change Regarding Intraday (1) (a) To move the Day 2 unwind Day 2 unwind for all tri-party transactions be moved from the morning GCF Repo Securities Collateral from 7:30 a.m. to 3:30 p.m.; (b) to move Substitutions the NFE process 18 from morning to a to 3:30 p.m. The TPR has made this time established by FICC as announced recommendation in order to reduce the As a result of the time change of the by notice to all members; 19 (c) to move clearing banks’ intraday credit exposure unwind (i.e., the reversal on Day 2 of the cut-off time of GCF Repo to the dealers. As previously stated, collateral allocations established by submissions from 3:35 p.m. to 3:00 p.m.; because the GCF Repo service is FICC for each netting member’s GCF net and (d) to move the cut-off time for essentially a tri-party repo mechanism, funds borrower positions and GCF net dealer affirmation or disaffirmation from FICC has also been requested by the funds lender positions on Day 1) to 3:30 3:45 p.m. to 3:00 p.m.; and TPR to accommodate this time change. p.m., the provider of GCF Repo (2) To establish rules for intraday GCF For the GSD rules, this necessitates a securities collateral in a GCF Repo Repo collateral substitutions (i.e., SR– change to the GSD’s ‘‘Schedule of GCF transaction on Day 1 will no longer have FICC–2011–05 stated that with respect Timeframes’’ (‘‘Schedule’’). Specifically, access to such securities at the to interbank GCF Repo transactions, the the 7:30 a.m. time in the Schedule will beginning of Day 2. Therefore, during substitution process would only permit be deleted and the language therein Day 2 prior to the unwind of the Day 1 cash as an initial matter to proposed to be moved to a new time of collateral allocations, the provider of accommodate current processing 3:30 p.m. on the Schedule. GCF Repo securities collateral (Dealer C, systems, however, as noted below, The change to the time of the in the example) needs a substitution following the approval of this proposed intrabank unwind also necessitates a mechanism for the return of its posted rule change filing, the substitution change to the cut-off time for GCF Repo GCF Repo securities collateral in order process will permit cash and/or trade submissions, which is currently to make securities deliveries for securities). 3:35 p.m. in the Schedule. FICC is utilization of such securities in its FICC has implemented the proposed proposing to amend the Schedule to business activities. (In the example, changes referred to in subsections 1(c) change the cut-off time to 3 p.m. to Dealer C may need to return the and 1(d) above. FICC has not yet allow FICC to submit files to the securities to Party Y depending upon implemented the proposed changes clearing banks which, in turn, will the terms of their transaction). FICC is referred to in subsections 1(a), 1(b) and provide files to the dealers by 3:30 p.m.; proposing to establish a substitution 2 above. FICC is seeking the this will permit the dealers to have a process for this purpose in conjunction Commission’s approval to extend the complete picture of their positions as with its clearing banks. The language for Pilot Program for all of these changes for the unwind occurs at 3:30 p.m. The 3:45 the substitution mechanism is proposed an additional year as noted above. FICC p.m. cutoff for dealer affirmation or to be added to Section 3 of GSD Rule 20. is working with its clearing banks with disaffirmation that is in the current The proposed rule change provides that respect to the implementation of the Schedule will move to 3 p.m. so that the all requests for substitution for the GCF new 3 p.m. cutoff for submissions will Repo securities collateral must be average interbank funds amount over the previous also now be the cutoff for dealer submitted by the provider of the GCF ninety days for three consecutive days; or (ii) the affirmations and disaffirmations.20 Repo securities collateral (i.e., Dealer C) GCF interbank funds amount exceeds fifty percent Because the Day 2 unwind is by the applicable deadline on Day 2 (the of the amount of GCF Repo collateral pledged for proposed to move from the morning to 22 three consecutive days. FICC reviews these figures ‘‘substitution deadline’’). 3:30 p.m. and because the NFE process on a semi-annual basis to determine whether they Substitutions on Intrabank GCF Repos remain adequate. FICC also has the right to declare established by the 2007 NFE Filing is a GCF Repo Event in any other circumstances tied to the moment of the interbank If the GCF Repo transaction is where it is concerned about GCF Repo volumes and unwind, the NFE process will also move between dealer counterparties effecting believes it is necessary to declare a GCF Repo Event in order to protect itself and its members. FICC will to the time established by FICC as the transaction through the same inform its members about the declaration of the announced by notice to all members.21 clearing bank (i.e., on an intra-clearing GCF Repo Event via important notice. FICC will Because the NFE process is a legal bank basis and in our example Dealer C also inform the Commission about the declaration process and not an operational process, and other dealers clearing at Chase), on of the GCF Repo Event. Day 2 such clearing bank will process 18 No other changes are being proposed to the it is not reflected on the Schedule. A NFE process that was in place by the 2007 NFE each substitution request of the provider Filing; the risk management measures that were put 20 This change updates the current Schedule to of GCF Repo securities collateral (i.e., in place by the 2007 NFE Filing remain in place provide that the cutoff for submissions and dealer Dealer C) submitted prior to the with the present proposal. affirmations/disaffirmations is at the same time; the substitution deadline promptly upon 19 SR–FICC–2011–05 noted that the possible time current practice is inconsistent with the current range would be between 8 a.m. and 1 p.m. to Schedule and the proposed rule change would receipt of such request. The return of coincide with the collateral substitution mechanism remedy this inconsistency. that was being developed between FICC and its 21 Currently, the NFE hold is from the time the 22 FICC will establish such deadline prior to the clearing banks. FICC wishes to clarify that the 8 collateral is returned to the repo dealer implementation of the changes to this service in a.m. to 1 p.m. proposed time range in SR–FICC– (approximately 7:30 a.m.) until the time the funds conjunction with the clearing banks and the Federal 2011–05 referred to the clearing bank hold on the move between the two clearing banks Reserve in light of market circumstances. The initial FICC interest in the NFE (i.e., as part of the NFE (approximately 5 p.m.). When the systems substitution deadline is anticipated to be 1 p.m.; process, FICC grants to the other clearing bank (that processing for the tri-party reform effort continues however, this will be finalized with the Federal was due to receive the funds) a security interest in on the part of the clearing banks, the unwind will Reserve and the clearing banks. The possible time the NFE—related collateral to support the debit in move to 3:30 p.m. and the funds will continue to range will be between 8 a.m. and 1 p.m. FICC will the FICC account at the clearing bank). With respect move between the two clearing banks at 5 p.m.; provide members advanced notice of the to the NFE hold on the dealers, please see footnote when this occurs, the NFE hold which applies to substitution deadline and any future changes 21 below. dealers will be between 3:30 p.m. and 5 p.m. thereto by important notice.
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the GCF Repo securities collateral in FICC Account for BNY. If a substitution Chase. From Dealer B’s perspective, exchange for cash and/or eligible request is received by the clearing bank when BNY debits the securities from securities of equivalent value can be (i.e., Chase) of the provider of GCF Repo Dealer B’s account, Dealer B is supposed effected by simple debits and credits to securities collateral, prior to the to receive the funds—but as noted, the the accounts of the GCF Repo dealer substitution deadline at a time specified funds are at Chase. BNY will credit the counterparties at the clearing agent bank in FICC’s procedures,25 that clearing funds to Dealer B’s account and debit (i.e., in the example, Chase). Eligible bank will process the substitution FICC’s account at BNY. securities for this purpose will be the request by releasing the GCF Repo At this point in the example, FICC is same as those currently permitted under securities collateral from the FICC GCF running a credit at Chase and a debit at the GSD rules for collateral allocations, Repo account at Chase and crediting it BNY. In order to secure FICC’s debit at namely, Comparable Securities,23 (ii) to the account of the provider of GCF BNY, FICC will grant a security interest Other Acceptable Securities,24 or (iii) Repo securities collateral (i.e., Dealer C). in the funds in the FICC account at U.S. Treasury bills, notes or bonds All cash and/or securities substituted Chase. maturing in a time frame no greater than for the GCF Repo securities collateral For substitutions that occur with that of the securities that have been being released will be credited to FICC’s respect to GCF Repo transactions that traded (except where such traded GCF Repo account at the clearing bank were processed on an inter-clearing securities are U.S. Treasury bills, (i.e., Chase). bank basis, FICC and the clearing banks substitution may be with Comparable Simultaneously, with the debit of the will permit cash substitutions as noted Securities and/or cash only). GCF Repo securities collateral from the in SR–FICC–2011–05. However, as account at the clearing bank (i.e., BNY) Substitutions on Interbank GCF Repos discussions have developed between of the original receiver of GCF Repo FICC and its clearing banks, it has been For a GCF Repo that was processed on securities collateral (i.e., Dealer B), for determined that cash and/or securities an interbank basis and to accommodate purposes of making payment to the may be used for substitutions. The a potential substitution request, FICC original receiver of securities collateral proposed rule change provides FICC proposes to initiate a debit of the (i.e., Dealer B), such clearing bank will with flexibility in this regard by securities in the account of the lender effect a cash debit equal to the value of referring to FICC’s procedures. When through the FICC GCF Repo accounts at the securities collateral in FICC’s GCF interbank securities substitutions begin the clearing bank of the lender and the Repo account at such clearing bank and to be permitted, FICC will announce FICC GCF Repo account at the clearing will credit the account of the original this to members by important notice. bank of the borrower (‘‘Interbank receiver of securities collateral (i.e., Movement’’). This Interbank Movement Dealer B) at such clearing bank with Other Rule Changes is being done so that a borrower who such cash amount. (This is because FICC is also proposing to make elects to substitute collateral will have when Dealer B is debited the securities, technical clean-up changes to Section 7 access to the collateral for which it is Dealer B must receive the funds.) In of GSD Rule 20, which relate to the GCF substituting. The Interbank Movement is order to secure FICC’s obligation to expected to occur in the morning, Repo collateral process. Specifically, a repay the balance in FICC’s GCF Repo correction is being made to change though the clearing banks and FICC account at such clearing bank (i.e., have the capability to have the references to the defined term BNY), FICC will grant to such clearing ‘‘Security’’ to ‘‘security’’ to conform to Interbank Movement occur at any point bank a security interest in the cash and/ during the day up until 2:30 p.m. the use of ‘‘security’’ throughout the or securities substituted for the GCF rule. The proposed rule change also During the Pilot Program, FICC and the securities collateral in FICC’s GCF repo clearing banks will unwind the introduces a term that previously had account at the other clearing bank (i.e., not been included in the rules intrabank GCF Repo transactions at 3:30 Chase). p.m. FICC and the clearing banks will inadvertently, ‘‘GCF Collateral Excess Using the example from above, Account.’’ This term is defined in the determine the most appropriate assume that Dealer C submits a timeframe for the Interbank Movement proposed rule change as ‘‘the account substitution notification—it requires the established by a GCF Custodian Bank in process to occur. securities collateral that has been In the example above, the GCF Repo the name of the Corporation to hold pledged to Dealer B and will substitute securities it credits to the GCF securities collateral will be debited from cash and/or securities. BNY will debit the securities account of the receiver of Securities Account the Corporation the securities from Dealer B’s account establishes for another GCF Clearing the collateral (i.e., Dealer B) at its and the relevant liens will be released clearing bank (i.e., BNY), and from the Bank.’’ so that the securities are in FICC’s (ii) FICC believes the proposed rule account at Chase. Chase will credit the 23 changes are consistent with the The GSD rules define ‘‘Comparable Securities’’ securities to Dealer C’s account and the as follows: The term ‘‘Comparable Securities’’ requirements of Section 17A of the cash and/or securities that Dealer C uses means, with respect to a security or securities that Act 26 and the rules and regulations are represented by a particular Generic CUSIP for its collateral substitution will be thereunder applicable to FICC because Number, any other security or securities that are credited by Chase to FICC’s account at represented by the same Generic CUSIP Number. the rule amendments are designed to 24 The GSD rules define ‘‘Other Acceptable promote the prompt and accurate 25 This timeframe will also be established in Securities’’ as follows: The term ‘‘Other Acceptable clearance and settlement of security Securities’’ means, with respect to: (an) Adjustable- consultation with the clearing banks and the rate mortgage-backed security or securities issued Federal Reserve. The parties are considering transactions and assure the safeguarding by Ginnie Mae, any fixed-rate mortgage-backed whether to have the substitution process be of securities and funds which are in the security or securities issued by Ginnie Mae, or (an) accomplished in two batches during the day custody or control of FICC by aligning adjustable-rate mortgage-backed security or depending upon the time of submission of the securities issued by either Fannie Mae or Freddie notifications for substitution. In any event, the GCF Repo service with Mac: (a) Any fixed-rate mortgage-backed security or substitution requests will be subject to the recommendations being made by the securities issued by Fannie Mae and Freddie Mac, substitution deadline. The details of the batches, if TPR to address risks in the overall tri- (b) any fixed-rate mortgage-backed security or applied, will be announced to members by party repo market, which will serve to securities issued by Ginnie Mae, or (c) any important notice. The deadline for submission of adjustable-rate mortgage-backed security or GCF Repo substitution requests will be the same for securities issued by Ginnie Mae. intrabank and interbank processing. 26 15 U.S.C. 78q–1.
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safeguard the securities and funds for Internet Web site (http://www.sec.gov/ been prepared by the self-regulatory which FICC is responsible. rules/sro.shtml). Copies of the organization. The Commission is submission, all subsequent publishing this notice to solicit (B) Self-Regulatory Organization’s amendments, all written statements comments on the proposed rule change Statement on Burden on Competition with respect to the proposed rule from interested persons. FICC does not believe that the change that are filed with the proposed rule change would impose any Commission, and all written I. Self-Regulatory Organization’s burden on competition. communications relating to the Statement of the Terms of Substance of the Proposed Rule Change (C) Self-Regulatory Organization’s proposed rule change between the Commission and any person, other than Statement on Comments on the EDGA Exchange, Inc. (‘‘EDGA’’ or the those that may be withheld from the Proposed Rule Change Received From ‘‘Exchange’’) proposes to amend public in accordance with the Members, Participants or Others Exchange Rule 11.5(c) to add a new provisions of 5 U.S.C. 552, will be order type, the Mid-Point Discretionary Written comments relating to the available for Web site viewing and Order, to the rule. In addition, the proposed rule change have not been printing in the Commission’s Public Exchange proposes to amend Exchange solicited or received. FICC will notify Reference Section, 100 F Street NE., Rule 11.8(a)(2)(C) to reflect the priority the Commission of any written Washington, DC 20549, on official that a Mid-Point Discretionary Order comments received by FICC. business days between the hours of 10 would have under certain III. Date of Effectiveness of the a.m. and 3 p.m. Copies of such filings circumstances. The text of the proposed Proposed Rule Change and Timing for will also be available for inspection and rule changes are attached as Exhibit 5 copying at the principal office of FICC Commission Action and are available on the Exchange’s Web and on FICC’s Web site at http:// site at www.directedge.com, at the Within 45 days of the date of www.dtcc.com/downloads/legal/ Exchange’s principal office, and at the publication of this notice in the Federal rule_filings/2012/ficc/2012–05.pdf Register or within such longer period All comments received will be posted Public Reference Room of the up to 90 days (i) as the Commission may without change; the Commission does Commission. designate if it finds such longer period not edit personal identifying II. Self-Regulatory Organization’s to be appropriate and publishes its information from submissions. You Statement of the Purpose of, and reasons for so finding or (ii) as to which should submit only information that Statutory Basis for, the Proposed Rule the self-regulatory organization you wish to make available publicly. All Change consents, the Commission will: submissions should refer to File (A) By order approve or disapprove Number SR–FICC–2012–05 and should In its filing with the Commission, the the proposed rule change or be submitted on or before July 17, 2012. Exchange included statements (B) institute proceedings to determine For the Commission by the Division of concerning the purpose of, and basis for, whether the proposed rule change Trading and Markets, pursuant to delegated the proposed rule change and discussed should be disapproved. authority.27 any comments it received on the proposed rule change. The text of these IV. Solicitation of Comments Kevin O’Neill, Deputy Secretary. statements may be examined at the Interested persons are invited to places specified in Item IV below. The [FR Doc. 2012–15536 Filed 6–25–12; 8:45 am] submit written data, views, and self-regulatory organization has BILLING CODE 8011–01–P arguments concerning the foregoing, prepared summaries, set forth in including whether the proposed rule Sections A, B and C below, of the most change is consistent with the Act. SECURITIES AND EXCHANGE significant aspects of such statements. Comments may be submitted by any of COMMISSION the following methods: A. Self-Regulatory Organization’s [Release No. 34–67226; File No. SR–EDGA– Statement of the Purpose of, and Electronic Comments 2012–22] Statutory Basis for, the Proposed Rule • Use the Commission’s Internet Change Self-Regulatory Organizations; EDGA comment form (http://www.sec.gov/ Purpose rules/sro.shtml) or Exchange, Inc.; Notice of Filing and Send an email to rule- Immediate Effectiveness of Proposed 1. Proposed Amendment to Rule 11.5(c) [email protected]. Please include File Rule Change To Amend EDGA Rules Exchange Rule 11.5(c) describes the Number SR–FICC–2012–05 on the To Add the Mid-Point Discretionary Exchange’s current order types. In order subject line. Order to provide additional flexibility and Paper Comments June 20, 2012. increased functionality to its System 3 Pursuant to Section 19(b)(1) of the 4 • Send paper comments in triplicate and its Users, the Exchange proposes to Securities Exchange Act of 1934 (the add a new order type, the Mid-Point to Elizabeth M. Murphy, Secretary, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Securities and Exchange Commission, Discretionary Order (the ‘‘MDO’’), to notice is hereby given that on June 8, Rule 11.5(c)(17). MDOs to buy would be 100 F Street, NE., Washington, DC 2012, the EDGA Exchange, Inc. (the 20549–1090. displayed at and pegged to the national ‘‘Exchange’’ or the ‘‘EDGA’’) filed with best bid (the ‘‘NBB 5’’), with discretion All submissions should refer to File the Securities and Exchange to execute at prices up to and including Number SR–FICC–2012–05. This file Commission (‘‘Commission’’) the the mid-point of the National Best Bid number should be included on the proposed rule change as described in subject line if email is used. To help the Items I and II below, which Items have 3 Commission process and review your As defined in Exchange Rule 1.5(cc) 4 As defined in Exchange Rule 1.5(ee). comments more efficiently, please use 27 17 CFR 200.30–3(a)(12). 5 As defined in Exchange Rule 1.5(o) and Rule only one method. The Commission will 1 15 U.S.C. 78s(b)(1). 600(b)(42) of Regulation NMS under the Securities post all comments on the Commission’s 2 17 CFR 240.19b–4. Exchange Act of 1934.
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and Offer (the ‘‘NBBO 6’’). MDOs to sell Assume the NBBO is 10.00 × 10.03 (so the • A contra side limit order to sell 100 would be displayed at and pegged to the NBBO mid-point is 10.015) and an MDO is shares at 10.01 would execute against the 7 entered without a limit price to buy 100 MDO to buy at 10.01 for 100 shares. national best offer (the ‘‘NBO ’’), with • discretion to execute at prices down to shares. A contra side limit order to sell 100 • shares at 10.02 would not execute against the and including the mid-point of the The MDO would be displayed at 10.00 with discretion to buy up to 10.015. MDO to buy, because the MDO had NBBO. The displayed prices of MDOs • A contra side market order or marketable discretion to buy only up to the mid-point of would move in tandem with changes in limit order to sell 100 shares at 10.00 would the NBBO. The limit order to sell would thus the NBB (for buy orders) or the NBO (for execute against the MDO to buy at 10.00 for be displayed at 10.02 and reduce the mid- sell orders). Moreover, MDOs would not 100 shares. point of the NBBO to 10.01. independently establish or maintain an • A contra side limit order to sell 100 Example 2 NBB or NBO; rather, the displayed shares at 10.01 would execute against the Assume the NBBO is 10.00 × 10.04 (so the prices of MDOs would be derived from MDO to buy at 10.01 for 100 shares. As NBBO mid-point is 10.02) and an MDO is the then current NBB or NBO. discussed below, only certain types of contra entered to buy 100 shares with a limit price Users entering MDOs would have the side order would be able to execute against of 10.03. • The MDO would be displayed at 10.00 option to enter limit prices to specify MDOs at sub-penny prices. Example 2 with discretion to buy up to 10.02. the highest or lowest prices at which Following on from Example 1, if the NBBO • A contra side limit order to sell 100 MDOs to buy or sell, respectively, changes to 10.01 × 10.06 (so the NBBO mid- shares at 10.02 would execute against the would be eligible to be executed under point is now 10.035), the displayed price of MDO to buy at 10.02 for 100 shares. any circumstances. For example, if an the MDO would be adjusted to 10.01, with Example 3 MDO to buy was entered with a limit discretion to buy up to 10.035. If the NBBO Following on from Example 2, assume the × price that was less than the prevailing changes once again to 10.03 × 10.05 (so the NBBO changes to 10.01 10.06 (so the NBBO NBBO mid-point, it would not have NBBO mid-point is now 10.04), the displayed mid-point is now 10.035). The displayed discretion to buy up to the NBBO mid- price of the MDO would be adjusted to 10.03, price of the MDO to buy would be adjusted with discretion to buy up to 10.04. to 10.01 with discretion to buy up to 10.03, point, but rather only up to its limit and not the NBBO mid-point of 10.035, price. If a User did not place a limit This example illustrates that the displayed prices of MDOs entered without limit prices because the NBBO mid-point would be price on an MDO, then the MDO would will continue to move in tandem with, and higher than the 10.03 limit price placed on have discretion to execute to the mid- be displayed at, changes in the NBB (for buy the MDO. • point of the NBBO, regardless of the orders) and the NBO (for sell orders). A contra-side limit order to sell 100 price of then [sic] current NBBO, unless Example 3 shares at 10.03 would execute against the and until the MDO was cancelled or Assume the NBBO is 10.00 × 10.03 (so the MDO to buy at 10.03. If the sell order were fully executed. Thus, depending on NBBO mid-point is 10.015), and an MDO is for 10.02, then it would execute against the certain factors, including the types and entered without a limit price to buy 100 MDO to buy at 10.02. characteristics of contra side orders and shares. Assume further that on the EDGA Example 4 Book there are two other displayed orders to Following on from Example 3, assume the any limit prices placed on the MDO, the NBBO changes once again to 10.03 × 10.05 MDO could be executed at its displayed buy 100 shares each at 10.00, both with time priority over the MDO. Assume further that (so the NBBO mid-point is now 10.04). The price, at a price between its displayed there is a displayed resting order to buy at displayed price of the MDO to buy would be price and the mid-point of the NBBO, at 9.99 on the EDGA Book, and no other market adjusted to 10.03, but there would be no the mid-point of the NBBO, or not be is publishing a bid at 10.00. discretion to trade at a price exceeding 10.03 executed at all. • The MDO would be displayed at 10.00 because of the limit price placed on the A new time stamp would be created with discretion to buy up to 10.015. MDO. And, if the NBBO changed again to × for an MDO each time its displayed • A contra side market order to sell 200 10.04 10.06, the MDO to buy would simply price was automatically adjusted. There shares would execute against the two buy post to the EDGA Book at its limit price of would be no separate time stamp for the orders with time priority over the MDO at 10.03 and be displayed as a limit order (in displayed and non-displayed portions of 10.00, thereby leaving the MDO order to buy the depth of book view) with no discretion. on the EDGA Book. However, if the NBBO again changed to, say, an MDO if the displayed price remained • 10.02 × 10.03, then the MDO would again be the same but the discretionary range The MDO would then re-price to 9.99 because MDOs could not independently displayed at the NBB with discretion to trade changed. Like all discretionary order establish or maintain an NBB or NBO— up to the NBBO mid-point of 10.025 types, the only time stamp would be the rather, their displayed prices would be (assuming the MDO was not cancelled or one assigned to the displayed portion of derived from the NBB and NBO. Therefore, fully executed in the meantime). the MDO. the MDO would be displayed at 9.99 with Example 5 In addition, pursuant to Exchange discretion to trade up to 10.01 (assuming the Following on from Example 4, assume the × Rule 11.8(a)(2), as with all discretionary NBO remained at 10.03), although the resting NBBO is still 10.04 10.06, and that on the order types, as described below, the buy order at 9.99 would have time priority EDGA Book there is one displayed order to discretionary portion of the order would over the MDO. buy 100 shares at 10.04 and two separate displayed orders to buy 100 shares each at be given lower time priority than the MDOs Entered With Limit Prices 10.03 with time priority over the MDO displayed portion and non-displayed resting at 10.03. Assume further that there is size/reserve quantity of reserve orders. The following examples demonstrate also a displayed buy order at 10.02 for 100 In addition, MDOs would not be eligible how an MDO that is entered with a limit shares on the EDGA Book, and no other for routing pursuant to Exchange Rule price would operate: market is publishing a bid at either 10.03 or 11.9(b)(2). Example 1 10.04. Assume the NBBO is 10.00 × 10.03 (so the • A contra side market order to sell 300 MDOs Entered Without Limit Prices NBBO mid-point is 10.015) and an MDO is shares would execute first against the buy The following examples demonstrate entered to buy 100 shares with a limit price order on the book at 10.04, and then against how an MDO that is entered without a of 10.03. the two buy orders on the book with time • limit price would operate: The MDO would be displayed at 10.00 priority over the MDO at 10.03, thereby with discretion to buy up to 10.015. leaving the MDO to buy on the book. Example 1 • A contra side market order or marketable • The MDO would then re-price to 10.02 limit order to sell 100 shares at 10.00 would because MDOs could not independently 6 Id. execute against the MDO to buy at 10.00 for establish or maintain an NBB or NBO— 7 Id. 100 shares. rather, their displayed price(s) would be
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derived from the then current NBB and NBO. Rule 11.8(a)(2)(A). However, when they be eligible for routing pursuant to Rule Therefore, the MDO would be displayed at execute within their discretionary range, 11.9(b)(2). In addition, like the MPO, the 10.02 with discretion to trade up to 10.03 they would have the same priority as MDO would be eligible to receive sub- (assuming the NBO remained at 10.06), the discretionary range of Discretionary penny executions at the mid-point of although the resting buy order at 10.02 would have time priority over the MDO. Orders, as set forth in Rule 11.8(a)(2)(C). the NBBO. However, unlike the MPO, Therefore, the Exchange is proposing to the MDO would provide the added Sub-Penny Executions amend Rule 11.8(a)(2)(C) to account for benefit of transparency, since there MDOs would only be able to execute the priority of MDOs when they act would always be a displayed at sub-penny prices in stocks priced at within their discretionary range. component to an MDO. In addition, the $1 or more against contra side orders Example MDO would be similar to a Assume the NBBO is 10.00 × 10.04 (so the Discretionary Order,12 in that it would that were by their terms eligible for NBBO mid-point is 10.02) and an MDO is NBBO mid-point executions regardless include a displayed order at a specified entered to buy 100 shares with a limit price price (in this case, an objectively [sic] whether such mid-point is in a of 10.02, and a non-displayed order to buy penny or sub-penny increment, namely, 100 shares at 10.02 is subsequently entered. determined price based on the (1) other MDOs, and (2) Mid-Point Peg • The MDO would be displayed at 10.00 prevailing NBB or NBO) and an Orders (‘‘MPOs’’).8 Nonetheless, despite with discretion to buy up to 10.02. undisplayed order at a specified price • being eligible to execute in sub-pennies A contra side limit order to sell 100 (in this case, an objectively determined to the extent that they executed at the shares at 10.02 would execute against the price based on the mid-point of the non-displayed order, and not the MDO, since NBBO and subject to any limits the User NBBO mid-point, MDOs would not be non-displayed orders would have priority displayed or ranked in sub-penny attaches the MDO). The Exchange over the discretionary range of MDOs in believes that this proposed order type increments. MDOs would execute accordance with Rule 11.8(a)(2). against all other order types solely in The Exchange will notify its Members in would benefit its Users by offering penny increments. an information circular of the exact greater flexibility to display liquidity at Example 1 implementation date of these rule changes, the NBBO with discretion generally to Assume the NBBO is 10.00 × 10.03 (so the which will be no later than July 31, 2012. execute to the NBBO mid-point, resulting in additional opportunities for NBBO mid-point is 10.015) and an MDO is Basis entered to buy 100 shares with a limit price price improvement for contra-side of 10.02. The Exchange believes that the orders. • The MDO would be displayed at 10.00 proposed rule changes are consistent with discretion to buy up to 10.015. with Section 6(b) of the Act 9 and further B. Self-Regulatory Organization’s • A contra side MPO to sell 100 shares the objectives of Section 6(b)(5) of the Statement on Burden on Competition would execute against the MDO to buy at the Act,10 because they are designed to The proposed rule change does not NBBO mid-point of 10.015. impose any burden on competition that Assume the NBBO changes to 10.02 × promote just and equitable principles of 10.05 (so the NBBO mid-point is now trade, to remove impediments to and is not necessary or appropriate in 10.035). perfect the mechanism of a free and furtherance of the purposes of the Act. • The MDO would be displayed at 10.02, open market and a national market C. Self-Regulatory Organization’s with no discretion above 10.02 given its limit system, to foster cooperation and Statement on Comments on the price. coordination with persons engaged in • A contra side MPO to sell 100 shares Proposed Rule Change Received From facilitating transactions in securities, Members, Participants, or Others would not execute against the MDO to buy and, in general, to protect investors and at 10.02, because the NBBO mid-point would the public interest. The proposed rule The Exchange has not solicited, and exceed the limit price on the MDO. does not intend to solicit, comments on Example 2 changes would provide Users with a × greater selection of order types that may this proposed rule change. The Assume the NBBO is 10.00 10.03 (so the Exchange has not received any mid-point is 10.015) and an MDO is entered result in the efficient execution of such to buy 100 shares with a limit price of 10.03, orders and provide additional flexibility unsolicited written comments from and an MDO is subsequently entered to sell and increased functionality to the members or other interested parties. 100 shares with a limit price of 10.00. Exchange’s System and its Users. III. Date of Effectiveness of the • The MDO to buy would be displayed at Specifically, the Exchange believes that Proposed Rule Change and Timing for 10.00 with discretion to buy up to 10.015. Users may receive more efficient order Commission Action The MDO to sell would then execute against executions by permitting them to have the MDO to buy at the NBBO mid-point of Because the proposed rule change greater flexibility to be displayed at the 10.015. does not (i) significantly affect the If instead the MDO to sell was entered with NBBO with discretion to execute to the protection of investors or the public a limit price of 10.02, it would not execute mid-point of the NBBO, resulting in the interest; (ii) impose any significant against the MDO to buy since the limit price potential benefit of price improvement. burden on competition; and (iii) become The MDO would be similar in nature on the MDO to sell was greater than the operative for 30 days from the date on NBBO mid-point. to several existing order types of the which it was filed, or such shorter time Exchange. First, the MDO would be 2. Proposed Amendment to Rule as the Commission may designate if similar to the Pegged Order 11 and the 11.8(a)(2)(C) consistent with the protection of MPO in that like these order types, an investors and the public interest, the The Exchange proposes to amend MDO’s displayed price would be pegged proposed rule change has become Rule 11.8(a)(2)(C) to reflect the priority to and automatically adjusted in tandem effective pursuant to Section 19(b)(3)(A) that MDOs would have when they are with changes in the then current NBB or of the Act 13 and Rule 19b–4(f)(6) executed within their discretionary NBO, a new timestamp would be thereunder.14 range. When MDOs execute at their created for the order each time it was displayed price, they would have the automatically adjusted, and it would not 12 same priority as that of the displayed As defined in Exchange Rule 11.5(c)(13). 13 15 U.S.C. 78s(b)(3)(A). size of limit orders, in accordance with 9 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4(f)(6). As required under Rule 10 15 U.S.C. 78f(b)(5). 19b–4(f)(6)(iii), the Exchange provided the 8 As defined in Exchange Rule 11.5(c)(7). 11 As defined in Exchange Rule 11.5(c)(6). Continued
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A proposed rule change filed 100 F Street NE., Washington, DC SECURITIES AND EXCHANGE pursuant to Rule 19b–4(f)(6) under the 20549–1090. COMMISSION Act 15 normally does not become All submissions should refer to File [Release No. 34–67222; File No. SR– operative for 30 days after the date of its NYSEArca–2012–37] filing. However, Rule 19b–4(f)(6) 16 Number SR–EDGA–2012–22. This file number should be included on the permits the Commission to designate a Self-Regulatory Organizations; NYSE subject line if email is used. To help the shorter time if such action is consistent Arca, Inc.; Notice of Designation of a with the protection of investors and the Commission process and review your Longer Period for Commission Action public interest. The Exchange has asked comments more efficiently, please use on Proposed Rule Change Proposing a the Commission to waive the 30-day only one method. The Commission will Pilot Program To Create a Lead Market operative delay so that the proposal may post all comments on the Commission’s Maker Issuer Incentive Program for become operative immediately upon Internet Web site (http://www.sec.gov/ Issuers of Certain Exchange-Traded filing. The Exchange has asked the rules/sro.shtml). Copies of the Products Listed on NYSE Arca, Inc. Commission to waive the 30-day submission, all subsequent operative delay so that the proposal may amendments, all written statements June 20, 2012. become operative immediately upon with respect to the proposed rule On April 27, 2012, NYSE Arca, Inc. filing, noting that similar functionality change that are filed with the (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed is already offered by other market Commission, and all written with the Securities and Exchange centers.17 The Commission believes that communications relating to the Commission (‘‘SEC’’ or ‘‘Commission’’), waiving the 30-day operative delay is proposed rule change between the pursuant to Section 19(b)(1) of the consistent with the protection of Commission and any person, other than Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a investors and the public interest. those that may be withheld from the proposed rule change to create and Therefore, the Commission designates public in accordance with the 18 implement, on a pilot basis, a Lead the proposal operative upon filing. provisions of 5 U.S.C. 552, will be At any time within 60 days of the Market Maker (‘‘LMM’’) Issuer Incentive available for Web site viewing and Program (‘‘Fixed Incentive Program’’) filing of the proposed rule change, the printing in the Commission’s Public Commission summarily may for issuers of certain exchange-traded Reference Room, 100 F Street NE., products (‘‘ETPs’’) listed on the temporarily suspend such rule change if Washington, DC 20549, on official it appears to the Commission that such Exchange. The proposed rule change business days between the hours of 10 action is necessary or appropriate in the was published for comment in the a.m. and 3 p.m. Copies of the filing also 3 public interest, for the protection of Federal Register on May 17, 2012. The investors, or otherwise in furtherance of will be available for inspection and Commission received two comment the purposes of the Act. copying at the principal office of the letters on the proposal.4 Exchange. All comments received will Section 19(b)(2) of the Act 5 provides IV. Solicitation of Comments be posted without change; the that, within 45 days of the publication Interested persons are invited to Commission does not edit personal of notice of the filing of a proposed rule submit written data, views, and identifying information from change, or within such longer period up arguments concerning the foregoing, submissions. You should submit only to 90 days as the Commission may including whether the proposed rule information that you wish to make designate if it finds such longer period change is consistent with the Act. available publicly. All submissions to be appropriate and publishes its Comments may be submitted by any of should refer to File Number SR–EDGA– reasons for so finding or as to which the the following methods: 2012–22 and should be submitted on or self-regulatory organization consents, before July 17, 2012. the Commission shall either approve the Electronic Comments proposed rule change, disapprove the For the Commission, by the Division of • Use the Commission’s Internet proposed rule change, or institute Trading and Markets, pursuant to delegated proceedings to determine whether the comment form (http://www.sec.gov/ authority.19 rules/sro.shtml); or proposed rule change should be Kevin M. O’Neill, • Send an email to rule- disapproved. The 45th day for this filing [email protected]. Please include File Deputy Secretary. is July 1, 2012. The Commission is Number SR–EDGA–2012–22 on the [FR Doc. 2012–15535 Filed 6–25–12; 8:45 am] extending this 45-day time period. The Commission finds that it is subject line. BILLING CODE 8011–01–P appropriate to designate a longer period Paper Comments within which to take action on the • Send paper comments in triplicate proposed rule change so that it has to Elizabeth M. Murphy, Secretary, sufficient time to consider the proposed Securities and Exchange Commission, rule change, the comments received, and any response to the comments submitted by the Exchange. The Commission with written notice of its intent to file the proposed rule change along with a brief proposed rule change would, among description and the text of the proposed rule change, at least five business days prior to the date 1 15 U.S.C. 78s(b)(1). of filing of the proposed rule change, or such 2 17 CFR 240.19b–4. shorter time as designated by the Commission. 3 See Securities Exchange Act Release No. 66966 15 17 CFR 240.19b–4(f)(6). (May 11, 2012), 77 FR 29419. 16 17 CFR 240.19b–4(f)(6). 4 See Letter from Gus Sauter, Managing Director 17 See NYSE Arca, Inc. Equities Rule 7.31(cc). and Chief Investment Officer, Vanguard, dated June 18 For purposes only of waiving the 30-day 7, 2012; and Letter from Ari Burstein, Senior operative delay, the Commission has considered the Counsel, Investment Company Institute, dated June proposed rule’s impact on efficiency, competition, 7, 2012. and capital formation. See 15 U.S.C. 78c(f). 19 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(2).
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other things, adopt new NYSE Arca Units 4 on the Exchange. The Fund was Gresham Investment Management Equities Rule 8.800, which would create organized as a statutory trust under LLC (‘‘Commodity Sub-Advisor’’) will a pilot program to incentivize market Delaware law on May 25, 2011, and will be responsible for the Fund’s makers to undertake LMM assignments be operated pursuant to a Trust commodity futures investment strategy in ETPs. Agreement.5 The Fund will issue Shares and options strategy.8 Nuveen Asset Accordingly, the Commission, that represent units of fractional Management, LLC (‘‘Collateral Sub- pursuant to Section 19(b)(2) of the Act,6 undivided beneficial interest in and Advisor’’), an affiliate of the Manager designates August 15, 2012, as the date ownership of the Fund. The Fund will and a wholly-owned subsidiary of by which the Commission should either not continuously offer Shares and will Nuveen Investments, will invest the approve or disapprove or institute not provide daily redemptions. Thus, Fund’s collateral in short-term, high- proceedings to determine whether to the Manager (as defined below) has grade debt securities. disapprove the proposed rule change advised the Exchange that it expects the Wilmington Trust Company is the (File Number SR–NYSEArca–2012–37). Shares to have trading characteristics Delaware Trustee of the Fund and is unaffiliated with the Manager. State For the Commission, by the Division of similar to those of exchange-traded Trading and Markets, pursuant to delegated closed-end funds. Street Bank and Trust Company (‘‘State Street’’) will be the Custodian and authority.7 The Fund is managed by Nuveen Kevin M. O’Neill, Accounting Agent for the assets of the Commodities Asset Management, LLC Fund, and its affiliate, Computershare Deputy Secretary. (‘‘Manager’’), a Delaware limited Shareholder Services, Inc., will be the [FR Doc. 2012–15491 Filed 6–25–12; 8:45 am] liability company and a wholly-owned Transfer Agent and Registrar for the BILLING CODE 8011–01–P subsidiary of Nuveen Investments, Inc. Shares of the Fund. Barclays Capital Inc. 6 (‘‘Nuveen Investments’’). The Manager (‘‘BCI’’) will serve as the Fund’s clearing will serve as the CPO and a CTA of the broker to execute and clear the Fund’s SECURITIES AND EXCHANGE Fund and will determine the Fund’s futures transactions and provide other COMMISSION overall investment strategy, including: brokerage-related services. BCI is a [Release No. 34–67223; File No. SR– (i) The selection and ongoing registered securities broker-dealer and NYSEAmex–2012–24] monitoring of the Fund’s sub-advisors; futures commission merchant. BCI is (ii) the assessment of performance and wholly owned by Barclays Bank PLC, Self-Regulatory Organizations; NYSE potential needs to modify strategy or which is authorized and regulated by Amex LLC; Order Granting Approval of change sub-advisors; (iii) the the U.K. Financial Services Authority. Proposed Rule Change To List Shares determination of the Fund’s Each of the Manager, BCI, the of the Nuveen Long/Short Commodity administrative policies; (iv) the Commodity Sub-Advisor, and the Total Return Fund Under NYSE Amex management of the Fund’s business Collateral Sub-Advisor has represented Rule 1600 et seq. affairs; and (v) the provision of certain to the Exchange that it has erected and clerical, bookkeeping, and other maintains firewalls within its respective June 20, 2012. administrative services.7 institution to prevent the flow and/or I. Introduction use of non-public information regarding 4 The term ‘‘Trust Units’’ is defined as a security the portfolio of underlying securities On April 18, 2012, NYSE Amex LLC that is issued by a trust or other similar entity that from the personnel involved in the (‘‘Exchange’’ or ‘‘NYSE Amex’’) filed is constituted as a commodity pool that holds development and implementation of the with the Securities and Exchange investments comprising or otherwise based on any investment strategy to others such as Commission (‘‘Commission’’), pursuant combination of futures contracts, options on futures contracts, forward contracts, swap contracts, and/or sales and trading personnel. In the event to Section 19(b)(1) of the Securities commodities. See NYSE Amex Rule 1600(b)(ii). that there is any new manager, adviser, Exchange Act of 1934 (‘‘Act’’ or 5 See Pre-Effective Amendment No. 3 to sub-adviser, or commodity broker, such ‘‘Exchange Act’’) 1 and Rule 19b–4 Registration Statement on Form S–1 under the new entity will maintain a firewall thereunder,2 a proposed rule change to Securities Act of 1933 (15 U.S.C. 77a) as filed with within its respective institution to list shares of the Nuveen Long/Short the Commission on December 20, 2011 (File No. 333–174764) (‘‘Registration Statement’’). The Fund, prevent the flow and/or use of non- Commodity Total Return Fund under as a commodity pool, will not be subject to public information regarding the NYSE Amex Rule 1600 et seq. The registration and regulation under the Investment Company Act of 1940. portfolio of underlying commodity proposed rule change was published for 9 6 futures contracts. comment in the Federal Register on The Manager is registered as a commodity pool 3 operator (‘‘CPO’’) and a commodity trading advisor May 7, 2012. The Commission received (‘‘CTA’’) with the Commodity Futures Trading 8 The Commodity Sub-Advisor is a Delaware no comments on the proposal. This Commission (‘‘CFTC’’) and is a member of the limited liability company, is registered with the order grants approval of the proposed National Futures Association (‘‘NFA’’). CFTC as a CTA and a CPO, and is a member of the rule change. 7 Pursuant to the Fund’s Trust Agreement, the NFA. As a registered CPO and CTA, the Commodity Manager will possess and exercise all authority Sub-Advisor is required to comply with various II. Description of the Proposed Rule (other than the limited functions performed by the regulatory requirements under the CEA and the Change independent committee of the Manager which will rules and regulations of the CFTC and the NFA. fulfill the Fund’s audit committee and nominating Nuveen Investments and the Commodity Sub- The Exchange proposes to list shares committee functions) to operate the business of the Advisor have announced the execution of an (‘‘Shares’’) of the Nuveen Long/Short Fund and will be responsible for the conduct of the agreement pursuant to which Nuveen Investments Fund’s commodity affairs. The Manager has would acquire a 60% interest in the Commodity Commodity Total Return Fund (‘‘Fund’’) established within its organization an independent Sub-Advisor, which would make the Commodity pursuant to NYSE Amex Rule 1600 et committee, comprised of three members who are Sub-Advisor an affiliate of the Manager. seq., which permits the listing of Trust unaffiliated with the Manager, which will fulfill the 9 The Commodity Sub-Advisor and the Collateral audit committee and nominating committee Sub-Advisor are each registered with the functions for the Fund, those functions required Commission under the Investment Advisers Act of 6 15 U.S.C. 78s(b)(2). under the NYSE Amex listing standards, and 1940 (‘‘Advisers Act’’). As a result, the Commodity 7 17 CFR 200.30–3(a)(31). certain other functions as set forth in the Trust Sub-Advisor, the Collateral Sub-Advisor, any sub- 1 15 U.S.C. 78s(b)(1). Agreement. As a registered CPO and CTA, the adviser of either, and the respective related 2 17 CFR 240.19b–4. Manager is required to comply with various personnel of both are subject to the provisions of 3 See Securities Exchange Act Release No. 66887 regulatory requirements under the CEA and the Rule 204A–1 under the Advisers Act relating to (May 1, 2012), 77 FR 26798 (‘‘Notice’’). rules and regulations of the CFTC and the NFA. Continued
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Description of the Fund’s Investments over time. Option premiums generated invest in such instruments for extended The Fund’s investment objective will by this strategy may also enable the periods, depending on the Commodity be to generate attractive total returns. Fund to more efficiently implement its Sub-Advisor’s assessment of market The Fund will be actively managed and distribution policy. conditions. These debt securities and will seek to outperform its benchmark, The Fund’s investment strategy will money market instruments may include the Morningstar® Long/Short utilize the Commodity Sub-Advisor’s shares of mutual funds, commercial CommoditySM Index (‘‘Index’’).10 In proprietary long/short commodity paper, certificates of deposit, bankers’ pursuing its investment objective, the investment program, which has three acceptances, U.S. Government Fund will invest directly in a diverse principal elements: securities, repurchase agreements, and • An actively managed long/short portfolio of exchange-traded commodity bonds that are rated AAA. portfolio of exchange-traded commodity futures contracts that represent the main Generally, the program rules will be futures contracts; commodity sectors and are among the used to determine the specific • A portfolio of exchange-traded most actively traded futures contracts in commodity futures contracts in which commodity option contracts; and the Fund will invest, the relative the global commodity markets. • A collateral portfolio of cash weighting for each commodity, and Generally, individual commodity equivalents and short-term, high-grade whether a position is either long or futures positions may be either long or debt securities. short (or flat in the case of energy short (or flat in the case of energy The Manager has advised the futures contracts). futures contracts) depending upon Exchange that the Commodity Sub- market conditions. The Commodity Advisor has represented that it does not The commodity markets are dynamic Sub-Advisor will use various rules to believe that position limits will be an and as such the long/short commodity determine the commodity futures issue for its firm, but that it has reserved investment program may require contracts in which the Fund will invest, firm-wide capacity for the Fund so that frequent adjustments in the Fund’s their respective weightings, and the Fund will be able to continue to commodity positions. The Commodity whether the futures positions in each invest in futures contracts without Sub-Advisor expects to trade each commodity are held long, short, or flat hitting any position limits. position no less frequently than once (in the case of energy futures contracts). Long/Short Commodity Investment per month. The relative balance of the The Fund’s commodity investments Program. The Fund’s long/short Fund’s long/short commodity will, at all times, be fully collateralized. commodity investment program will be investments may vary significantly over The Fund’s investments will be an actively managed, fully time, and at certain times, the Fund’s consistent with its investment objective collateralized, rules-based commodity aggregate exposure may be all long, all and will not be used to create or investment strategy that seeks to short and flat, or may consist of various enhance leverage. The Fund also will capitalize on opportunities in both up combinations (long, short, and/or flat) employ a commodity option writing and down commodity markets. The thereof. The Commodity Sub-Advisor strategy that seeks to produce option Fund will invest in a diverse portfolio intends to manage its overall strategy so premiums for the purpose of enhancing of exchange-traded commodity futures that the notional amount of the Fund’s the Fund’s risk-adjusted total return contracts with an aggregate notional combined long, short, and flat futures value substantially equal to the net positions will not exceed 100% of the codes of ethics. This Rule requires investment Fund’s net assets. As of September 30, advisers to adopt a code of ethics that reflects the assets of the Fund. To provide fiduciary nature of the relationship to clients as diversification, the Fund will invest 2011, the Index had 61.85% long, well as compliance with other applicable securities initially in approximately 20 24.08% short and 14.07% flat exposure. laws. Accordingly, procedures designed to prevent commodities, and the long/short The Fund has no intention to short the communication and misuse of non-public energy futures contracts because the information by an investment adviser must be commodity investment program rules consistent with Rule 204A–1 under the Advisers will limit weights for any individual prices of energy futures contracts are Act. In addition, Rule 206(4)–7 under the Advisers commodity futures contract. The Fund generally more sensitive to geopolitical Act makes it unlawful for an investment adviser to expects to make investments in the most events than to economic factors and, as provide investment advice to clients unless such a result, significant price variations are investment adviser has (i) adopted and actively traded commodity futures implemented written policies and procedures contracts in the four main commodity often driven by factors other than reasonably designed to prevent violation, by the sectors in the global commodities supply-demand imbalances. References investment adviser and its supervised persons, of markets: to a flat position mean that instead of the Advisers Act and the Commission rules adopted • there under; (ii) implemented, at a minimum, an Energy; shorting energy futures contracts when annual review regarding the adequacy of the • Agriculture; market signals dictate, the Fund will policies and procedures established pursuant to • Metals; and have no futures contracts positions, subparagraph (i) above and the effectiveness of their • Livestock. either long or short, for that energy implementation; and (iii) designated an individual During temporary defensive periods (who is a supervised person) responsible for commodity. In that circumstance, the administering the policies and procedures adopted or during adverse market sum of the notional value of the under subparagraph (i) above. circumstances,11 the Fund may deviate portfolio’s futures contracts will be less 10 Morningstar, Inc., the Index sponsor, owns a from its investment objective and than the sum of the collateral assets. dually-registered investment advisor and broker- policies. The Commodity Sub-Advisor dealer subsidiary, Morningstar Investment Services, The difference quantitatively equals the Inc., which maintains a broker-dealer registration may invest 100% of the total assets of notional value of what would have been for the limited purpose of receiving 12b–1 fees the Fund in short-term, high-quality the short portion in energy and is directly from the underlying funds that make up the debt securities and money market generally referred to as the ‘‘flat’’ portfolios managed by it. The Manager has advised instruments to respond to adverse the Exchange that it has been informed by position in energy. Because the Fund Morningstar, Inc., that it has erected and maintains market circumstances. The Fund may will hold no futures contracts to express information firewalls between the group which is a flat position, commodity traders responsible for the Index and employees of the 11 Adverse market circumstances would include customarily say that being flat is the broker-dealer to prevent the flow and/or use of large downturns in the broad market value of two material non-public information regarding the or more times current average volatility, where the equivalent of being invested in cash. Index from the personnel responsible for the Index Commodity Sub-Advisor views such downturns as The amounts that otherwise would have to employees of the broker-dealer. likely to continue for an extended period of time. been allocated to an energy futures
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contract will be held in cash as Commodity Sub-Advisor expects the listed on an exchange with the greatest collateral for the Fund. actual portfolio weights to vary during dollar volume traded in those contracts. The specific commodities and the the year due to market movements. If Listed below are the main categories of total number of futures contracts in price movements cause an individual eligible commodity futures contracts. which the Fund will invest, and the commodity futures contract to represent The related options contracts are traded relative weighting of those contracts, more than 10% of the Index at any time on the same exchanges as the futures will be determined annually by the between monthly rebalancing, the Fund contracts on which they are based. Each Commodity Sub-Advisor based upon would seek to match the target commodity may have several different the composition of the Index at that weighting at the time of the monthly types of individual commodity futures time. The selected commodity futures rebalancing. Generally, the Fund contracts (e.g., hard winter wheat and contracts are expected to remain expects to invest in short-term soft red wheat). The Commodity Sub- unchanged until the next annual commodity futures contracts with terms reconstitution each December. Upon of one to three months, but may invest Advisor will have discretion over annual reconstitution, the target weight in commodity futures contracts with commodity futures contract selection of any individual commodity futures terms of up to six months. and may choose from the available contract will be set and will be limited Eligible Contracts. The Fund will contract types. to 10% of the Fund’s net assets to invest in those commodity futures provide for diversification. The contracts and option contracts that are
Trading Hours Group Commodity Primary Exchange (Eastern Time)
Energy ...... Coal ...... New York Mercantile Exchange ...... 18:00–15:00 Crude Oil ...... New York Mercantile Exchange ...... 9:00–14:30 Crude Oil ...... ICE Futures Europe ...... 1:00–23:00 Ethanol ...... New York Mercantile Exchange ...... 8:50–12:05 Ethanol ...... Chicago Board of Trade ...... 9:30–13:15 Gas Oil ...... ICE Futures Europe ...... 1:00–23:00 Gasoline ...... New York Mercantile Exchange ...... 9:00–14:30 Heating Oil ...... New York Mercantile Exchange ...... 9:00–14:30 Natural Gas ...... New York Mercantile Exchange ...... 9:00–14:30 Propane ...... New York Mercantile Exchange ...... Delisted Agriculture ...... Butter ...... Chicago Mercantile Exchange ...... 12:05–12:15 Cocoa ...... ICE Futures US ...... 8:00–11:50 Coffee ...... ICE Futures US ...... 8:00–13:30 Corn ...... Chicago Board of Trade ...... 10:30–14:15 Cotton ...... ICE Futures US ...... 10:30–14:15 Diamonium Phosphate ...... Chicago Mercantile Exchange ...... Delisted Lumber ...... Chicago Mercantile Exchange ...... 10:00–14:05 Milk ...... Chicago Mercantile Exchange ...... 10:05–14:10 Oats ...... Chicago Board of Trade ...... 10:30–14:15 Orange Juice ...... ICE Futures US ...... 10:00–13:30 Pulp ...... ICE Futures US ...... 7:00–15:15 Pulp ...... Chicago Mercantile Exchange ...... 17:00–16:00 Rice ...... Chicago Board of Trade ...... 9:30–13:15 Soybean Meal ...... Chicago Board of Trade ...... 10:30–14:15 Soybean Oil ...... Chicago Board of Trade ...... 10:30–14:15 Soybeans ...... Chicago Board of Trade ...... 10:30–14:15 Sugar ...... ICE Futures US ...... 8:10–13:30 Urea ...... Chicago Mercantile Exchange ...... Delisted Urea Ammonium Nitrate ...... Chicago Mercantile Exchange ...... Delisted Wheat ...... Chicago Board of Trade ...... 10:30–14:15 Wheat ...... Kansas City Board of Trade ...... 10:30–14:15 Metals ...... Aluminum ...... New York Mercantile Exchange ...... Delisted Copper ...... New York Commodities Exchange ...... 8:10–13:00 Gold ...... New York Commodities Exchange ...... 8:20–13:30 Palladium ...... New York Mercantile Exchange ...... 8:30–13:00 Platinum ...... New York Mercantile Exchange ...... 8:20–13:05 Silver ...... New York Commodities Exchange ...... 8:25–13:25 Livestock ...... Broilers ...... Chicago Mercantile Exchange ...... Delisted Feeder Cattle ...... Chicago Mercantile Exchange ...... 10:05–14:00 Hogs ...... Chicago Mercantile Exchange ...... 10:05–14:00 Live Cattle ...... Chicago Mercantile Exchange ...... 10:05–14:00 Pork Bellies ...... Chicago Mercantile Exchange ...... Delisted
Current Index Composition. The the Morningstar® Long/Short CommoditySM Index as of September 30, actual signals (direction) and weights of 2011 are as follows:
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Long Commodity Futures Positions ...... 61.85% Short Commodity Futures Positions ...... 24.08% Flat Commodity Futures Positions ...... 14.07%
100.00%
Weight Commodity Signal (%)
Energy: Crude Oil Brent ...... Long ...... 8.18 Gas-Oil-Petroleum ...... Long ...... 6.50 Heating Oil #2/Fuel Oil ...... Long ...... 5.43 Gasoline Blendstock ...... Long ...... 5.28
Long Energy Positions ...... 25.39 Crude Oil WTI ...... Flat ...... 8.45 Natural Gas Henry Hub ...... Flat ...... 5.62
Flat Energy Positions ...... 14.07
Total Energy Positions ...... 39.46 Agriculture: Corn ...... Long ...... 5.20 Soybeans ...... Long ...... 4.33 Sugar #11 ...... Long ...... 4.08 Coffee ‘C’/Colombian ...... Long ...... 3.70 Soybean Oil ...... Long ...... 3.30 Soybean Meal ...... Long ...... 3.10
Long Agriculture Positions ...... 23.71 Wheat/No. 2 Soft Red ...... Short ...... 5.58 Wheat/No. 2 Hard Winter ...... Short ...... 3.60 Cotton/11⁄16 ...... Short ...... 3.59
Short Agriculture Positions ...... 12.77
Total Agriculture Positions ...... 36.48 Metals: Gold ...... Long ...... 8.58 Silver ...... Long ...... 4.17
Long Metals Positions ...... 12.75 Copper High Grade ...... Short ...... 4.64
Short Metals Positions ...... 4.64
Total Metals Positions ...... 17.39 Livestock: Cattle Live ...... Short ...... 3.87 Hogs Lean ...... Short ...... 2.80
Short Livestock Positions ...... 6.67
These are the actual signals and changes and positive or negative roll movements and in determining the weights of the Index as of September 30, yield. Like most commodity futures Fund’s long/short commodity futures 2011, and are not the actual signals or investors, the Fund will replace positions. Generally, the Commodity weights of the Fund. expiring futures contracts with more Sub-Advisor will employ momentum- The Index construction rules and distant contracts to avoid taking based modeling (quantitative formulas other information about the Index can physical delivery of a commodity. This that evaluate trend relationships be found on Morningstar’s Web site at replacement of expiring contracts with between the changes in prices of futures http://indexes.morningstar.com, which more distant contracts is referred to as contracts and trading volumes for a is publicly available at no charge. ‘‘roll.’’ To maintain exposure to specific commodity) to estimate Long/Short Portfolio of Commodity commodity futures over an extended forward-looking prices and to evaluate Futures. The Fund will invest directly period, before contracts expire, the the return impact of futures contract in a diverse portfolio of exchange-traded Commodity Sub-Advisor will roll the rolls. To determine the direction of the commodity futures contracts that futures contracts throughout the year commodity futures position, either long provide long/short exposure to the into new contracts so as to maintain a or short (or flat in the case of energy global commodity markets. By investing fully invested position. futures contracts), the Commodity Sub- long/short, the Fund will seek to The Commodity Sub-Advisor will Advisor will calculate a roll-adjusted generate attractive total returns from employ a proprietary methodology in price that accounts for the current spot positive or negative commodity price assessing commodity market price and the impact of roll yield. The
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futures price for a commodity that has of the relative value of different contract options until expiration, the Fund may positive roll yield (described as terms. The Commodity Sub-Advisor’s have uncovered out-of-the-money ‘‘backwardation’’) is adjusted up and the active management approach will be options in its portfolio depending on price for a commodity that has negative market-driven and opportunistic and is price movements of the underlying roll yield (described as ‘‘contango’’) is intended to minimize market impact futures contracts.12 This element of the adjusted down. Generally, if a and avoid market congestion during Fund’s options strategy increases the commodity’s roll-adjusted price exceeds certain days of the trading month. Fund’s gap risk, which is the risk that its 12-month moving average, the Fund Integrated Options Strategy. The Fund a commodity price will change from one expects to be long the commodity will employ a commodity option level to another with no trading in futures contract. Conversely, if the roll- writing strategy that seeks to produce between. In the event of an extreme adjusted price is below its 12-month option premiums for the purpose of market change or gap move in the price moving average, the Fund expects to be enhancing the Fund’s risk-adjusted total of a single commodity, the Fund’s short the commodity futures contract return over time. Option premiums options strategy may result in increased except for energy contracts which will generated by this strategy may also exposure to that commodity from any be flat, i.e., in cash. The Commodity enable the Fund to more efficiently uncovered options. Sub-Advisor may exercise discretion in implement its distribution policy. There Generally, the Fund expects to sell its long/short decisions and the timing can be no assurance that the Fund’s short-term commodity options with and implementation of the Fund’s options strategy will be successful. terms of one to three months. Subject to commodity investments to seek to Pursuant to the options strategy, the the foregoing limitations, the benefit from trading on commodity Fund may sell commodity call or put implementation of the options strategy price momentum. options, which will all be exchange- will be within the Commodity Sub- The Commodity Sub-Advisor’s long/ traded, on a continual basis on up to Advisor’s discretion. Over extended short commodity investment program approximately 25% of the notional periods of time, the ‘‘moneyness’’ of the rules are proprietary, were developed by value of each of its corresponding commodity options may vary its senior portfolio management team, commodity futures contracts that, in the significantly. Upon sale, the commodity and expand upon the rules governing Commodity Sub-Advisor’s options may be ‘‘in-the-money,’’ ‘‘at-the- the Index. Upon completing the initial determination, have sufficient option money,’’ or ‘‘out-of-the-money.’’ A call investment of the net proceeds of the trading volume and liquidity. Initially, option is said to be ‘‘in-the-money’’ if offering, the Fund expects that the the Fund expects to sell commodity the exercise price is below current commodity futures contracts, their options on approximately 15% of the market levels, ‘‘out-of-the-money’’ if the relative weights, and long/short notional value of each of its commodity exercise price is above current market direction will substantially replicate the futures contracts. If the Commodity Sub- levels, and ‘‘at-the-money’’ if the constituent holdings and weights of the Advisor buys the commodity futures exercise price is at current market Index. Although the Commodity Sub- contract, they will sell a call option on levels. Conversely, a put option is said Advisor may exercise discretion in the same underlying commodity futures to be ‘‘in-the-money’’ if the exercise deciding which commodities to invest contract. If the Commodity Sub-Advisor price is above the current market levels in, typically, the Fund expects to follow shorts the commodity futures contract, and ‘‘out-of-the-money’’ if the exercise certain rules pertaining to eligible they will sell a put option on the same price is below current market levels. commodity futures contracts, weights, underlying commodity futures contract If the Commodity Sub-Advisor diversification, rebalancing, and annual (except in the case of energy futures determines the Fund should have long reconstitution that are the same as those contracts). The Commodity Sub-Advisor exposure to an individual commodity for the Index in order to minimize the may exercise discretion with respect to futures contract, it will invest long in divergence between the price behavior commodity futures contract selection. the commodity futures contract and sell of the Fund’s commodity futures Due to trading and liquidity call options on the same underlying portfolio and the price behavior of the considerations, the Commodity Sub- commodity futures contract with the Index (referred to as ‘‘tracking error’’). Advisor may determine that it is in the same strike price and expiration date. If Over time, the Fund’s commodity best interest of Fund shareholders to sell the Commodity Sub-Advisor determines options on like commodities (for investments managed pursuant to the the Fund should have short exposure to Commodity Sub-Advisor’s long/short example, gas oil and heating oil are like commodities) and not matched commodity investment program may 12 While the Fund intends to only write covered differ from those of the Index. commodity futures contracts. options, in certain circumstances as described In addition, in actively managing the Since the Fund’s option overwrite is below, the Fund may continue to hold options that Fund’s long/short portfolio of initially expected to represent 15% of due to subsequent trades become out-of-the-money commodity futures contracts, the the notional value of each of its and would be uncovered options. An out-of-the- money option becomes worthless after its Commodity Sub-Advisor will seek to commodity futures contract positions, expiration and there is no expectation that it will add value compared with the Index by the Fund will retain the ability to be exercised (and there is no resulting exposure risk implementing the following proprietary benefit from the full capital appreciation for the Fund). For example, if the Fund is long investment methods: (i) Trading potential beyond the strike price on the wheat futures and sells covered call options on wheat futures, subsequent price movements in contracts in advance of monthly index majority (85% or more) of its long and/ wheat futures may result in the Commodity Sub- rolls; (ii) individual commodity futures or short commodity futures contracts. Advisor, on behalf of the Fund, reversing from a contract selection; and (iii) active An important objective of the Fund’s long position to a short position. In this example, implementation. As a result, the roll long/short commodity investment the Commodity Sub-Advisor would then sell its long wheat futures contracts and hold onto the out- dates, terms, underlying contracts, and strategy will be to retain capital of-the-money call option. At the same time, to effect contract prices selected by the appreciation potential with respect to its short position, the Commodity Sub-Advisor Commodity Sub-Advisor may vary the major portion of the Fund’s would short wheat futures contracts and sell significantly from the Index based upon portfolio. covered put options on wheat futures. The Fund will rebalance its positions no less frequently than the Commodity Sub-Advisor’s When initiating new trades, the Fund monthly and as such it is anticipated that no out- implementation of the long/short expects to sell covered in-the-money of-the-money option position would be uncovered commodity investment program in light options. Because the Fund will hold for longer than one month.
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an individual commodity futures agreements collateralized with U.S. distributions without a change in contract, it will short the commodity government securities. policy, at any time and may do so futures contract and sell put options on without prior notice to shareholders. Commodity Futures Contracts and the same underlying commodity futures Under the Fund’s intended Related Options contract with the same strike price and operational procedures, the Fund’s net expiration date. Investments in individual commodity asset value (‘‘NAV’’) will be calculated An exception is made for futures contracts and options on futures after the close of the Exchange commodities in the energy sector since contracts historically have had a high (normally 4:00 p.m. Eastern Time or prices of those contracts are extremely degree of price variability and may be ‘‘E.T.’’), on each day that the Exchange sensitive to geopolitical events and not subject to rapid and substantial price is open.13 The normal trading hours for necessarily driven by supply-demand changes, which could affect the value of those investments of the Fund traded on imbalances. If the Commodity Sub- the Shares. The Fund will invest in a the various commodity exchanges may Advisor determines the Fund should diverse portfolio of exchange-traded differ from the normal trading hours of have long exposure to an energy futures commodity futures contracts and the Exchange, which are from 9:30 a.m. contract, the Fund will only sell call exchange-traded options on commodity to 4:00 p.m. E.T. Therefore, there may options on that contract. If the futures contracts. The Fund expects to be time periods during the trading day Commodity Sub-Advisor determines the make investments in the most actively where the Shares will be trading on the Fund should have short exposure to an traded commodity futures contracts in Exchange, but the futures contracts on energy futures contract, the Fund will the four main commodity sectors in the various commodity exchanges will not move to cash (i.e., a flat position) for global commodities markets, as be trading. The value of the Shares may that contract and will not sell call or put described above. Options on commodity accordingly be influenced by the non- futures contracts are contracts giving the options on that contract. concurrent trading hours between the purchaser the right, as opposed to the Collateral Portfolio. The Fund’s Exchange and the various futures obligation, to acquire or to dispose of exchanges on which the futures commodity investments will, at all the commodity futures contract times, be fully collateralized. The contracts based on the underlying underlying the option on or before a commodities are traded. notional value of the Fund’s commodity future date at a specified price. The Fund will not continuously offer exposure is expected to be The potential Fund investments in Shares and will not provide daily approximately equal to the market value futures contracts and options on such redemptions. Rather, if a shareholder of the collateral. The Fund’s commodity futures contracts are traded on U.S. and determines to buy additional Shares or investments generally will not require non-U.S. exchanges, including the sell Shares already held, the shareholder significant outlays of principal. Chicago Board of Trade (‘‘CBOT’’), the may do so by trading on the Exchange Approximately 25% of the Fund’s net Chicago Mercantile Exchange (‘‘CME’’), through a broker or otherwise. Shares of assets will be initially committed as the ICE Futures Europe, the ICE Futures the Fund may trade on the Exchange at ‘‘initial’’ and ‘‘variation’’ margin to U.S., the New York Mercantile prices higher or lower than NAV. secure the futures contracts. These Exchange (‘‘NYMEX’’) and the New Because the market value of the Fund’s assets will be placed in one or more York Commodities Exchange Shares may be influenced by such commodity futures accounts maintained (‘‘COMEX’’), and the Kansas City Board factors as distribution levels (which are by the Fund at BCI and will be held in of Trade (‘‘KBOT’’). in turn affected by expenses), cash or invested in U.S. Treasury bills Additional Product Information distribution stability, NAV, relative and other direct or guaranteed debt demand for and supply of such Shares obligations of the U.S. government Commencing with the Fund’s first in the market, general market and maturing within less than one year at distribution, the Fund intends to make economic conditions, and other factors the time of investment. The remaining regular monthly distributions to its beyond the Fund’s control, the Fund collateral (approximately 75% of the shareholders (stated in terms of a fixed cannot guarantee that Shares will trade Fund’s net assets) will be held in a cents per share distribution rate) based separate collateral investment account on the past and projected performance 13 NAV per Share will be computed by dividing managed by the Collateral Sub-Advisor. of the Fund. Among other factors, the the value of all assets of the Fund (including any The Fund’s assets held in this Fund will seek to establish a accrued interest and dividends), less all liabilities separate collateral account will be distribution rate that roughly (including accrued expenses and distributions declared but unpaid), by the total number of Shares invested in cash equivalents or short- corresponds to the Manager’s outstanding. The Fund will publish its NAV on its term debt securities with final terms not projections of the total return that could Web site on a daily basis, rounded to the nearest exceeding one year at the time of reasonably be expected to be generated cent. investment. These collateral by the Fund over an extended period of For purposes of determining the NAV of the Fund, portfolio instruments will be valued investments shall be rated at all times at time. Each monthly distribution will not primarily by independent pricing services approved the applicable highest short-term or be solely dependent on the amount of by the Manager at their market value. The Manager long-term debt or deposit rating or income earned or capital gains realized will review the values as determined by the money market fund rating as by the Fund, and such distributions may independent pricing service and discuss those valuations with the pricing service if appropriate determined by at least one nationally from time to time represent a return of based on pricing oversight guidelines established by recognized statistical rating capital and may require that the Fund the Manager that it believes are consistent with organization. These collateral liquidate investments. As market industry standards. If the pricing services are investments will consist primarily of conditions and portfolio performance unable to provide a market value or if a significant may change, the rate of distributions on event occurs such that the valuation(s) provided are direct and guaranteed obligations of the deemed unreliable, the Fund may value portfolio U.S. government and senior obligations the Shares and the Fund’s distribution instrument(s) at their fair value, which will be of U.S. government agencies and may policy could change. The Fund reserves generally the amount that the Fund might also include, among others, money the right to change its distribution reasonably expect to receive upon the current sale policy and the basis for establishing the or closing of a position. The fair value of an market funds and bank money market instrument will be based on the Manager’s good accounts invested in U.S. government rate of its monthly distributions, or may faith judgment and may differ from subsequent securities, as well as repurchase temporarily suspend or reduce quoted or published prices.
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at a price equal to or higher than NAV futures contracts held by the Fund are information relating to NAV, and other in the future. Shares will be registered readily available from the Web sites of quantitative and trading information.20 in book entry form through the the relevant futures exchanges, The Commission further believes that Depository Trust & Clearing automated quotation systems, published the proposal to list and trade the Shares Corporation. or other public sources, or on-line is reasonably designed to promote fair Additional information regarding the information services such as Bloomberg disclosure of information that may be Fund, the Shares, the Fund’s investment or Reuters. The relevant futures necessary to price the Shares strategies, risks, fees, portfolio holdings exchanges also provide delayed futures appropriately and to prevent trading and disclosure policies, distributions, when a reasonable degree of information on current and past trading availability of information, trading rules transparency cannot be assured. The sessions and market news free of charge and halts, and surveillance procedures, Commission notes that the Exchange among other things, can be found in the on their respective Web sites. Futures will obtain a representation from the Notice and the Registration Statement, and related exchange-traded options issuer of the Shares that the NAV per as applicable.14 quotes and last-sale information for the Share will be calculated daily and will commodity futures contracts are widely be made available to all market III. Discussion and Commission’s disseminated through a variety of participants at the same time.21 With Findings market data vendors worldwide, respect to trading halts, the Exchange The Commission has carefully including Bloomberg and Reuters, and may consider all relevant factors in reviewed the proposed rule change and complete real-time data for futures exercising its discretion to halt or finds that it is consistent with the contracts and exchange-traded options suspend trading in the Shares, and requirements of Section 6 of the Act and is available by subscription from trading may be halted because of market the rules and regulations thereunder Reuters and Bloomberg. The daily conditions or for reasons that, in the applicable to a national securities returns for the Index (i.e., percentage view of the Exchange, make trading in 15 exchange. In particular, the change from the previous day) are the Shares inadvisable. In particular, if Commission finds that the proposal is posted on the Morningstar Web site by the Exchange becomes aware that the consistent with Section 6(b)(5) of the 8:00 a.m. E.T. on the following business portfolio holdings and NAV per Share Act,16 which requires, among other day, and the Index value is are not being disseminated as required, things, that the Exchange’s rules be the Exchange may halt trading during designed to prevent fraudulent and disseminated through Bloomberg and other market data vendors every 15 the day in which the interruption to the manipulative acts and practices, to dissemination of the portfolio holdings seconds from 9:30 a.m. to 5:15 p.m. E.T. promote just and equitable principles of or NAV per Share occurs. If the trade, to foster cooperation and The Index construction rules and other interruption to the dissemination of the coordination with persons engaged in information about the Index are publicly portfolio holdings or NAV per Share facilitating transactions in securities, to available on Morningstar’s Web site at persists past the trading day in which it remove impediments to and perfect the no charge. The Fund’s total portfolio occurred, the Exchange will halt trading mechanism of a free and open market composition and the composition of the no later than the beginning of the and a national market system, and, in collateral portfolio will be disclosed on trading day following the interruption.22 general, to protect investors and the the Fund’s Web site on each business public interest. The Commission notes day that the Exchange is open for 20 The Exchange notes that exchange traded funds that the Fund and the Shares must trading.18 As noted above, the Fund’s (‘‘ETFs’’) (and commodity pools that seek to comply with the rules of the Exchange, replicate an ETF structure) publish intraday NAV will be calculated after the close indicative values generally every 15 seconds (along including the requirements of NYSE of the Exchange (normally 4:00 p.m. with full transparency of portfolio holdings) in Amex Rule 1600 et seq., to be listed and E.T.), on each day that the Exchange is order to facilitate the arbitrage mechanism that is traded on the Exchange. open, and disseminated daily to all intended to minimize any deviation between the ETF’s market price and the per share NAV of the The Commission finds that the 19 market participants at the same time. ETF shares, which in turn facilitates the creation/ proposal to list and trade the Shares on The Fund’s Web site will also include redemption mechanism that is fundamental to the Exchange is consistent with Section a form of the prospectus for the Fund, ETFs. The creation/redemption mechanism is the 11A(a)(1)(C)(iii) of the Act,17 which sets process by which institutional investors make and forth Congress’ finding that it is in the redeem investments in large ‘‘Creation Units’’ of 18 This Web site disclosure of portfolio holdings ETF Shares. Unlike ETFs, the Fund will not redeem public interest and appropriate for the will be made daily and will include, as applicable: its Shares, and therefore will not rely on a creation/ protection of investors and the (a) The name, number of contracts or options, value redemption mechanism to create an arbitrage maintenance of fair and orderly markets per contract or option, and total value and mechanism. Instead, the Manager has advised the to assure the availability to brokers, percentage of the Fund’s total value represented by Exchange that it expects the Shares to have trading each individual commodity futures contract or characteristics similar to those of exchange-traded dealers, and investors of information option to purchase a commodity futures contract closed-end funds. Because the Fund has no with respect to quotations for, and invested in by the Fund; (b) the total value of the creation/redemption mechanism, the Manager has transactions in, securities. Quotation collateral as represented by cash; (c) cash advised the Exchange that it believes that the and last-sale information for the Shares equivalents; and (d) debt securities rated at the publishing of an intraday indicative value for the applicable highest short-term or long-term debt or Fund would serve no useful purpose for investors will be available through the facilities of deposit rating or money market fund rating as or the market as a whole, and because the Fund is the Consolidated Tape Association determined by at least one nationally recognized actively managed, publication of its trades in (‘‘CTA’’). The daily settlement prices of statistical rating organization held in the Fund’s advance would be harmful to the Fund and its the futures contracts and options on portfolio. The total portfolio holdings will be shareholders. disseminated to all market participants at the same 21 See NYSE Amex Rule 1602(a)(ii). The Manager time. has represented to the Exchange that the NAV will 14 See Notice and Registration Statement, supra 19 NAV per Share will be computed by dividing be disseminated to all market participants at the notes 3 and 5, respectively. the value of all assets of the Fund (including any same time. See Notice, supra, note 3. 15 In approving this proposed rule change, the accrued interest and dividends), less all liabilities 22 See NYSE Amex Rule 1602(b)(ii). In addition, Commission has considered the proposed rule’s (including accrued expenses and distributions the Exchange will halt trading in the Shares if the impact on efficiency, competition, and capital declared but unpaid), by the total number of Shares circuit breaker parameters of Rule 80B–NYSE Amex formation. See 15 U.S.C. 78c(f). outstanding. The Fund will publish its NAV on its Equities have been reached. In exercising its 16 15 U.S.C. 78f(b)(5). Web site on a daily basis, rounded to the nearest discretion to halt or suspend trading in the Shares, 17 15 U.S.C. 78k–1(a)(1)(C)(iii). cent. Continued
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In addition, each of the Manager, the (2) The Exchange’s surveillance description of the Fund, including those Commodity Sub-Advisor, and the procedures are adequate to properly set forth above and in the Notice. Collateral Sub-Advisor has represented monitor Exchange trading of the Shares For the foregoing reasons, the to the Exchange that it has erected and and to deter and detect violations of Commission finds that the proposed maintains firewalls within its respective Exchange rules and applicable federal rule change is consistent with Section institution to prevent the flow and/or securities laws. All of the commodity 6(b)(5) of the Act 25 and the rules and use of non-public information regarding futures contracts and options on regulations thereunder applicable to a the portfolio of underlying securities commodity futures contracts in which national securities exchange. from the personnel involved in the the Fund will invest will be traded on development and implementation of the regulated exchanges, and the Manager IV. Conclusion investment strategy to others such as has represented to the Exchange that, It is therefore ordered, pursuant to sales and trading personnel. The while the Fund may invest in futures Section 19(b)(2) of the Act,26 that the Commodity Sub-Advisor, the Collateral contracts or options on futures contracts proposed rule change (SR–NYSEAmex– Sub-Advisor, any sub-adviser of either, which trade on markets that are not 2012–24) be, and it hereby is, approved. and the respective related personnel of members of ISG or with which the For the Commission, by the Division of both are subject to the provisions of Exchange does not have in place a Trading and Markets, pursuant to delegated Rule 204A–1 under the Advisers Act comprehensive surveillance sharing authority.27 relating to codes of ethics. Morningstar, agreement, such instruments will never Kevin M. O’Neill, Inc. has erected and maintains represent more than 10% of the Fund’s Deputy Secretary. information firewalls between the group holdings. [FR Doc. 2012–15492 Filed 6–25–12; 8:45 am] which is responsible for the Index and (3) The Exchange will distribute an BILLING CODE 8011–01–P employees of its broker-dealer Information Circular (‘‘Circular’’) to its subsidiary to prevent the flow and/or members in connection with the trading use of material non-public information of the Shares. The Circular will discuss SMALL BUSINESS ADMINISTRATION regarding the Index from the personnel the special characteristics and risks of responsible for the Index to employees trading this type of security. Inspector General; Line of Succession of the broker-dealer. The Exchange Specifically, the Circular, among other Designation, No. 23–C, Revision 5 states that it has a general policy things, will discuss what the Shares are, prohibiting the distribution of material, the requirement that members and This document replaces and non-public information by its member firms deliver a prospectus to supersedes ‘‘Delegation of Authority employees. The Commission also notes investors purchasing the Shares prior to and Line of Succession No. 23–C, that the Exchange is able to obtain or concurrently with the confirmation of Revision 4.’’ information with respect to the a transaction during the initial public Line of Succession Designation, No. underlying futures contracts and offering, applicable NYSE Amex rules, 23–C, Revision 5: options on futures contracts from the and trading information and applicable Effective immediately, the Inspector exchanges listing and trading such suitability rules. The Circular will also General’s Line of Succession futures contracts and options on futures explain that the Fund is subject to Designation is as follows: contracts that are members of the various fees and expenses described in (a) In the event of my inability to Intermarket Surveillance Group (‘‘ISG’’) the Registration Statement. The Circular perform the functions and duties of my or with which the Exchange has entered will also reference the fact that there is position, or my absence from the office, into a comprehensive surveillance no regulated source of last sale the Deputy Inspector General, who is sharing agreement.23 information regarding physical the first assistant for purposes of the The Exchange further represents that commodities and note the respective Federal Vacancies Reform Act of 1998 (5 the Shares are deemed to be equity jurisdictions of the Commission and U.S.C. § 3345–3349d), will assume all securities, thus rendering trading in the CFTC. The Circular will also advise functions and duties of the Inspector Shares subject to the Exchange’s members of their suitability obligations General. In the event the Deputy existing rules governing the trading of with respect to recommended Inspector General and I are both unable equity securities. In support of this transactions to customers in the Shares. to perform the functions and duties of proposal, the Exchange has made (4) For initial and continued listing of the position or are absent from our representations, including: the Shares, the Fund will be in offices, and in the absence of the (1) The Fund will be subject to the compliance with Rule 10A–3 under the specific designation of another official criteria in NYSE Amex Rule 1602 for Act.24 in writing by the Inspector General or initial and continued listing of the (5) The Fund will not invest in swaps the Acting Inspector General, I designate Shares. or over-the-counter derivatives. the officials in listed order below, if (6) The Fund’s commodity they are eligible to act as Inspector General under the provisions of the the Exchange may consider factors such as those set investments will, at all times, be fully forth in Rule 953NY(a), in addition to other factors collateralized, and the Fund’s Federal Vacancies Reform Act of 1998, that may be relevant. Id. investments will be consistent with the to serve as Acting Inspector General 23 The Exchange represents that it can obtain with full authority to perform all acts market surveillance information, including Fund’s investment objective and will not be used to enhance leverage. which the Inspector General is customer identity information, with respect to authorized to perform: transactions occurring on exchanges that are (7) A minimum of 2,000,000 Shares (1) Assistant Inspector General for members of ISG, including CME, CBOT, COMEX, will be required to be publicly Auditing; NYMEX (all of which are part of CME Group, Inc.), distributed at the commencement of and ICE Futures US. In addition, the Exchange (2) Assistant Inspector General for currently has in place a comprehensive surveillance trading on the Exchange. Investigations; sharing agreement with each of CME, NYMEX, ICE This approval order is based on all of Futures Europe, and KCBOT for the purpose of providing information in connection with trading in the Exchange’s representations and 25 15 U.S.C. 78f(b)(5). or related to futures contracts or options on futures 26 15 U.S.C. 78s(b)(2). contracts traded on those markets. 24 See 17 CFR 240.10A–3. 27 17 CFR 200.30–3(a)(12).
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(3) Assistant Inspector General for (Regional Regulatory Fairness Boards). or email in order to be placed on the Management and Policy; The meeting is open to the public. agenda. [email protected], Deputy (4) Counsel to the Inspector General; DATES: The meeting will be held on the National Ombudsman for Regulatory (5) Special Assistant to the Inspector following dates: Monday, July 16, 2012, Enforcement Fairness, Office of the General; and from 9 a.m. to 5 p.m. EST and on National Ombudsman, 409 3rd Street (6) Special Agent-in-Charge–Eastern, Tuesday, July 17, 2012, from 9 a.m. to SW., Suite 7125, Washington, DC 20416, Central, or Western Region (by 7 p.m. EST. phone (202) 205–6918, fax (202) 401– seniority). ADDRESSES: The meeting will be at The 6128. (b) ‘‘Absence from the office,’’ as used Additionally, if you need in reference to myself in paragraph (a) Westin Indianapolis Hotel, 50 South Capital Avenue, Indianapolis, IN 46204, accommodations because of a disability above, means the following: or require additional information, please (1) I am not present in the office and in the Capitol 1 Room located on the Main Lobby area. contact Jose´ Me´ndez, Case Management cannot be reasonably contacted by Specialist, Office of the National SUPPLEMENTARY INFORMATION: Pursuant phone or other electronic means, and Ombudsman, 409 3rd Street SW., Suite to the Small Business Regulatory there is an immediate business necessity 7125, Washington, DC 20416, phone Enforcement Fairness Act (Pub. L. 104– for the exercise of my authority; or (202) 205–6178, fax (202) 401–2707, 121), Sec. 222, SBA announces the (2) I am not present in the office and, email [email protected]. upon being contacted by phone or other meeting of the Regional Regulatory For more information on the Office of electronic means, I determine that I Fairness Boards. The Regional the National Ombudsman, please visit cannot exercise my authority effectively Regulatory Fairness Boards are tasked to our Web site at http://www.sba.gov/ without being physically present in the advise the National Ombudsman on ombudsman. office. matters of concern to small businesses (c) An individual serving in an acting relating to enforcement activities of Dated: June 20, 2012. capacity in any of the positions listed in agencies and to report on substantiated Dan Jones, subparagraphs (a)(1) through (6), unless instances of excessive enforcement SBA Committee Management Officer. designated as such by the Inspector against small business concerns, [FR Doc. 2012–15578 Filed 6–25–12; 8:45 am] General, is not included in this Line of including any findings or BILLING CODE P Succession. Instead, the next non-acting recommendations of the Board as to incumbent in the Line of Succession agency enforcement practice or policy. shall serve as Acting Inspector General. The purpose of the meeting is to SMALL BUSINESS ADMINISTRATION (d) This designation shall remain in discuss the following topics related to [License No. 09/79–0454] full force and effect until revoked or the Regional Regulatory Fairness superseded in writing by the Inspector Boards: Emergence Capital Partners SBIC, General, or by the Deputy Inspector —RegFair Board Member Duties, L.P.; Notice Seeking Exemption Under General when serving as Acting Responsibilities, and Standards of Section 312 of the Small Business Inspector General. Conducting Briefing. Investment Act, Conflicts of Interest (e) Serving as Acting Inspector —Board Relationships with the Field. General has no effect on the officials —ONO Highlights. Notice is hereby given that Seacoast listed in subparagraphs (a)(1) through —Planning for and Logistics of Capital Partners III, L.P., 555 Ferncroft (6), above, with respect to their full-time Hearings/Roundtables. Road, Danvers, MA 01923, a Federal position’s authorities, duties and —Securing Comments and the Comment Licensee under the Small Business responsibilities (except that such official Process. Investment Act of 1958, as amended cannot both recommend and approve an —National Small Business Association (‘‘the Act’’), in connection with the action). (NSBA) Update. financing of a small concern, has sought —Introduction of Chief Counsel, Office an exemption under Section 312 of the Dated: June 20, 2012. of Advocacy. Act and Section 107.730, Financings Peggy E. Gustafson, —Introduction of Director of Field which Constitute Conflicts of Interest of Inspector General. Operations. the Small Business Administration [FR Doc. 2012–15561 Filed 6–25–12; 8:45 am] —Small Businesses: Creating and (‘‘SBA’’) Rules and Regulations (13 CFR BILLING CODE P Contributing to the Future. 107.730). Seacoast Capital Partners III, —RegFair Board Members Present L.P., proposes to provide debt/equity Examples of Activities in their Regions. security financing to Fox Run Holdings, SMALL BUSINESS ADMINISTRATION —Federal Agency Partnerships: Existing Inc., 1907 Stout Drive, Warminster, PA and Future. 18974 (‘‘Fox Run’’). Annual Meeting of the Regional Small —Introduction and Remarks by SBA The financing is brought within the Business Regulatory Fairness Boards Deputy Administrator. purview of § 107.730(a)(1) of the Office of the National Ombudsman —Presentation of Certificates and Regulations because Seacoast Capital AGENCY: U.S. Small Business Photos. Partners II, L.P. an Associate of Seacoast Administration (SBA). —Board Member Travel Capital Partners III, L.P., own more than Reimbursement. ACTION: Notice of open meeting of the ten percent of Fox Run, and therefore —Introduction of SBA Administrator. Regional Small Business Regulatory this transaction is considered a —All Participants Join DD Conference. Fairness Boards. financing of an Associate requiring prior FOR FURTHER INFORMATION CONTACT: The SBA approval. SUMMARY: The SBA, Office of the meeting is open to the public; however Notice is hereby given that any National Ombudsman is issuing this advance notice of attendance is interested person may submit written notice to announce the location, date, requested. Anyone wishing to attend comments on the transaction, within time and agenda for the annual board and/or make a presentation to the fifteen days of the date of this meeting of the ten Regional Small Regulatory Fairness Boards must contact publication, to the Associate Business Regulatory Fairness Boards Yolanda Swift by July 12, 2012, by fax Administrator for Investment, U.S.
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Small Business Administration, 409 DEPARTMENT OF STATE Consistent with the determination in Third Street SW., Washington, DC Section 10 of Executive Order 13224 [Public Notice 7934] 20416. that ‘‘prior notice to persons determined to be subject to the Order who might Dated: June 14, 2012. Foreign Affairs Policy Board Meeting Notice; Closed Meeting have a constitutional presence in the Sean J. Greene, United States would render ineffectual Associate Administrator for Investment. In accordance with section 10(a)(2) of the blocking and other measures [FR Doc. 2012–15559 Filed 6–25–12; 8:45 am] the Federal Advisory Committee Act, 5 authorized in the Order because of the BILLING CODE P U.S.C. App § 10(a)(2), the Department of ability to transfer funds State announces a meeting of the instantaneously,’’ I determine that no Foreign Affairs Policy Board to take prior notice needs to be provided to any place on July 19, 2012, at the person subject to this determination DEPARTMENT OF STATE Department of State, Washington, DC. who might have a constitutional The Foreign Affairs Policy Board presence in the United States, because [Public Notice 7933] reviews and assesses: (1) Global threats to do so would render ineffectual the and opportunities; (2) trends that measures authorized in the Order. In the Matter of the Designation of implicate core national security This notice shall be published in the Abubakar Adam Kambar, Also Known interests; (3) tools and capacities of the Federal Register. as Abu Yasir, Also Known as Abubakar civilian foreign affairs agencies; and (4) Dated: June 18, 2012. Kambar, Also Known as Abu Yasir priorities and strategic frameworks for Hillary Rodham Clinton, U.S. foreign policy. Pursuant to section Kambar, as a Specially Designated Secretary of State. 10(d) of the Federal Advisory Global Terrorist Pursuant to Section [FR Doc. 2012–15587 Filed 6–25–12; 8:45 am] 1(b) of Executive Order 13224, as Committee Act, 5 U.S.C. App § 10(d), and 5 U.S.C. 552b(c)(1), it has been BILLING CODE 4710–10–P Amended determined that this meeting will be closed to the public as the Board will be Acting under the authority of and in DEPARTMENT OF STATE reviewing and discussing matters accordance with section 1(b) of properly classified in accordance with [Public Notice 7930] Executive Order 13224 of September 23, Executive Order 13526. 2001, as amended by Executive Order For more information, contact In the Matter of the Designation of 13268 of July 2, 2002, and Executive Samantha Raddatz at (202) 647–2372. Aitzol Iriondo Yarza, also known as Order 13284 of January 23, 2003, I Gurbitz, also known as Gurbita, also hereby determine that the individual Dated: June 15, 2012. known as Barbas, also known as Balak known as Abubakar Adam Kambar, also Dan Kurtz-Phelan, as a Specially Designated Global known as Abu Yasir, also known as Designated Federal Officer. Terrorist Pursuant to Section 1(b) of Abubakar Kambar, also known as Abu [FR Doc. 2012–15600 Filed 6–25–12; 8:45 am] Executive Order 13224, as Amended Yasir Kambar, committed, or poses a BILLING CODE 4710–10–P Acting under the authority of and in significant risk of committing, acts of accordance with section 1(b) of terrorism that threaten the security of DEPARTMENT OF STATE Executive Order 13224 of September 23, U.S. nationals or the national security, 2001, as amended by Executive Order foreign policy, or economy of the United [Public Notice 7932] 13268 of July 2, 2002, and Executive States. The Designation of Khalid al-Barnawi, Order 13284 of January 23, 2003, I Consistent with the determination in Also Known as Khalid Barnawi, Also hereby determine that the individual Section 10 of Executive Order 13224 Known as Khaled al-Barnawi, Also known as Aitzol Iriondo Yarza, also that ‘‘prior notice to persons determined Known as Khaled el-Barnaoui, Also known as Gurbitz, also known as to be subject to the Order who might Known as Mohammed Usman, Also Gurbita, also known as Barbas, also have a constitutional presence in the Known as Abu Hafsat, as a Specially known as Balak, committed, or poses a United States would render ineffectual Designated Global Terrorist Pursuant significant risk of committing, acts of the blocking and other measures to Section 1(b) of Executive Order terrorism that threaten the security of authorized in the Order because of the 13224, as Amended U.S. nationals or the national security, ability to transfer funds foreign policy, or economy of the United Acting under the authority of and in instantaneously,’’ I determine that no States. accordance with section 1(b) of Consistent with the determination in prior notice needs to be provided to any Executive Order 13224 of September 23, section 10 of Executive Order 13224 that person subject to this determination 2001, as amended by Executive Order ‘‘prior notice to persons determined to who might have a constitutional 13268 of July 2, 2002, and Executive be subject to the Order who might have presence in the United States, because Order 13284 of January 23, 2003, I a constitutional presence in the United to do so would render ineffectual the hereby determine that the individual States would render ineffectual the measures authorized in the Order. known as Khalid al-Barnawi, also blocking and other measures authorized This notice shall be published in the known as Khalid Barnawi, also known in the Order because of the ability to Federal Register. as Khaled al-Barnawi, also known as transfer funds instantaneously,’’ I Khaled el-Barnaoui, also known as determine that no prior notice needs to Dated: June 18, 2012. Mohammed Usman, also known as Abu be provided to any person subject to this Hillary Rodham Clinton, Hafsat, committed, or poses a significant determination who might have a Secretary of State. risk of committing, acts of terrorism that constitutional presence in the United [FR Doc. 2012–15577 Filed 6–25–12; 8:45 am] threaten the security of U.S. nationals or States, because to do so would render BILLING CODE 4710–10–P the national security, foreign policy, or ineffectual the measures authorized in economy of the United States. the Order.
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This notice shall be published in the DEPARTMENT OF TRANSPORTATION Improvement Program (HSIP) as a core Federal Register. federal-aid highway program. The Federal Highway Administration Dated: June 14, 2012. overall purpose of this program is to [Docket No. FHWA–2012–0052] achieve a significant reduction in traffic Hillary Rodham Clinton, fatalities and serious injuries on all Secretary of State. Agency Information Collection public roads through the [FR Doc. 2012–15598 Filed 6–25–12; 8:45 am] Activities: Request for Comments for a implementation of infrastructure-related BILLING CODE 4710–10–P New Information Collection highway safety improvements. Using federal and state funds to assist local AGENCY: Federal Highway agencies in improving safety on local DEPARTMENT OF STATE Administration (FHWA), DOT. roads is critical for reducing fatalities ACTION: Notice and request for and serious injuries. However, state and [Public Notice 7931] comments. local agencies face many challenges and barriers when identifying, prioritizing, SUMMARY: The Designation of Abubakar Shekau, The FHWA invites public developing, and implementing safety Also Known as Abu Mohammed comments about our intention to request projects on local roads. the Office of Management and Budget’s Abubakar bin Mohammed, Also Known The requested information collection, (OMB) approval for a new information as Shekau, Also Known as Abu in the form of an on-line survey tool, collection, which is summarized below Muhammed Abubakar Bi Muhammed, will be used to evaluate the extent, under SUPPLEMENTARY INFORMATION. We Also Known as Shehu, Also Known as practices and processes state published a Federal Register Notice Shayku, as a Specially Designated departments of transportation (DOTs) with a 60-day public comment period Global Terrorist Pursuant to Section use to deliver or apply safety funding on this information collection on May 1(b) of Executive Order 13224, as resources to local agencies for road 14, 2012. We are required to publish Amended safety improvement projects. The survey this notice in the Federal Register by will also help identify challenges and the Paperwork Reduction Act of 1995. Acting under the authority of and in barriers state DOTs and local agencies DATES: Please submit comments by July accordance with section 1(b) of face when developing and 26, 2012. Executive Order 13224 of September 23, implementing local road safety projects. 2001, as amended by Executive Order ADDRESSES: You may send comments Survey respondents will be asked to 13268 of July 2, 2002, and Executive within 30 days to the Office of provide information about training, Order 13284 of January 23, 2003, I Information and Regulatory Affairs, technical support, and human resources hereby determine that the individual Office of Management and Budget, 725 provided to, or on behalf of local known as Abubakar Shekau, also known 17th Street NW., Washington, DC 20503, agencies, to assist in the identification, as Abu Mohammed Abubakar Bin Attention DOT Desk Officer. You are analysis, development, evaluation, and Mohammed, also known as Shekau, also asked to comment on any aspect of this implementation of local road safety known as Abu Muhammed Abubakar Bi information collection, including: (1) improvement projects. Respondents will Whether the proposed collection is Muhammed, also known as Shehu, also also be asked to identify any challenges necessary for the FHWA’s performance; known as Shayku, committed, or poses or barriers states and local agencies face (2) the accuracy of the estimated a significant risk of committing, acts of when attempting to provide funding and burden; (3) ways for the FHWA to terrorism that threaten the security of other resources for local road safety enhance the quality, usefulness, and U.S. nationals or the national security, projects. clarity of the collected information; and foreign policy, or economy of the United Certain survey respondents will also (4) ways that the burden could be States. be asked to provide feedback on federal minimized, including the use of or state fiscal year expenditures applied Consistent with the determination in electronic technology, without reducing to local road safety improvement Section 10 of Executive Order 13224 the quality of the collected information. projects over a three-year period and that ‘‘prior notice to persons determined All comments should include the any methodologies used to identify a to be subject to the Order who might Docket number FHWA–2012–0052. specific dollar amount or percentage of have a constitutional presence in the FOR FURTHER INFORMATION CONTACT: funds set aside for those local road United States would render ineffectual Karen Scurry, (609) 637–4207 or safety improvement projects. the blocking and other measures [email protected] mailto: The information will allow FHWA to authorized in the Order because of the [email protected], Office of assess the extent to which states are ability to transfer funds Administration, Federal Highway providing funds to local agencies for instantaneously,’’ I determine that no Administration, Department of safety projects, and to identify human prior notice needs to be provided to any Transportation, 1200 New Jersey resources and technical assistance states person subject to this determination Avenue SE., Washington, DC 20590, need in order to overcome barriers and who might have a constitutional Monday through Friday, except Federal challenges to developing and presence in the United States, because holidays. implementing local road safety to do so would render ineffectual the SUPPLEMENTARY INFORMATION: improvement projects. The survey will measures authorized in the Order. Title: Assessment and Delivery of also help FHWA identify noteworthy This notice shall be published in the Safety Funding at the Local Level. practices that can be implemented in Federal Register. Type of request: New information other states, with the ultimate goal of improving highway safety outcomes Dated: June 18, 2012. collection requirement. Background: The Safe, Accountable, across the Nation. Hillary Rodham Clinton, Flexible, Efficient, Transportation Respondents: State DOTs. Secretary of State. Equity Act: A Legacy for Users Frequency: one time. [FR Doc. 2012–15592 Filed 6–25–12; 8:45 am] (SAFETEA–LU), 23 U.S.C. 148, Estimated Average Burden per BILLING CODE 4710–01–P established the Highway Safety Response: Approximately 5 hours.
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Estimated Total Annual Burden 2012–0154 using any of the following Background Hours: The total burden for this methods: • FMCSA published a notice in the collection would be approximately 250 Federal eRulemaking Portal: Go to Federal Register with a request for hours. http://www.regulations.gov. Follow the comments on May 25, 2012 (77 FR Public Comments Invited: You are on-line instructions for submitting 31423), announcing that NAD had asked to comment on any aspect of this comments. applied for exemptions on behalf of 45 information collection, including: (1) • Mail: Docket Management Facility; individuals from the hearing Whether the proposed collection of U.S. Department of Transportation, 1200 requirement in the FMCSRs. The information is necessary for the U.S. New Jersey Avenue SE., West Building comment period was scheduled to end DOT’s performance, including whether Ground Floor, Room W12–140, on June 25. However, on June 6, NAD the information will have practical Washington, DC 20590–0001. formally requested an extension of the utility; (2) the accuracy of the U.S. • Hand Delivery: West Building comment period. After reviewing the DOT’s estimate of the burden of the Ground Floor, Room W12–140, 1200 request, FMCSA has decided to grant proposed information collection; (3) New Jersey Avenue SE., Washington, the request. The Agency extends the ways to enhance the quality, usefulness, DC, between 9 a.m. and 5 p.m., ET, comment period for an additional 30 and clarity of the collected information; Monday through Friday, except Federal days to July 25, 2012. and (4) ways that the burden could be Holidays. minimized, including the use of • Fax: 1–202–493–2251. Issued on: June 20, 2012. electronic technology, without reducing Instructions: Each submission must Larry W. Minor, the quality of the collected information. include the Agency name and the Associate Administrator for Policy. The agency will summarize and/or docket numbers for this notice. Note [FR Doc. 2012–15668 Filed 6–22–12; 11:15 am] include your comments in the request that all comments received will be BILLING CODE P for OMB’s clearance of this information posted without change to http:// collection. www.regulations.gov, including any Authority: The Paperwork Reduction Act personal information provided. Please DEPARTMENT OF TRANSPORTATION of 1995; 44 U.S.C. Chapter 35, as amended; see the Privacy Act heading below for and 49 CFR 1.48. further information. Maritime Administration Issued On: June 19, 2012. Docket: For access to the docket to [USCG–2006–24644] read background documents or Steven Smith, comments, go to http:// Chief, Information Technology Division. Withdrawal of TORP Terminal LP, www.regulations.gov at any time or Bienville Offshore Energy Terminal [FR Doc. 2012–15366 Filed 6–25–12; 8:45 am] Room W12–140 on the ground level of Liquefied Natural Gas (LNG) BILLING CODE 4910–22–P the West Building, 1200 New Jersey Deepwater Port Application Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through AGENCY: Maritime Administration, DOT. DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. The ACTION: Deepwater port, application Federal Motor Carrier Safety FDMS is available 24 hours each day, withdrawal announcement; notice. Administration 365 days each year. If you want acknowledgment that we received your SUMMARY: The Maritime Administration [Docket No. FMCSA–2012–0154] comments, please include a self- (MARAD) announces TORP Terminal addressed, stamped envelope or LP’s (TORP) withdrawal of the Qualification of Drivers; Application for postcard or print the acknowledgment deepwater port license application for Exemptions; National Association of page that appears after submitting the proposed Bienville Offshore Energy the Deaf comments on-line. Terminal (BOET). All actions related to AGENCY: Federal Motor Carrier Safety Privacy Act: Anyone may search the the processing and agency coordination Administration (FMCSA), DOT. electronic form of all comments activities required under the Deepwater Port Act of 1974, as amended, are ACTION: Notice of applications for received into any of our dockets by the hereby terminated, and the official exemptions; extension of comment name of the individual submitting the Record of Decision on the BOET period. comment (or of the person signing the comment, if submitted on behalf of an application issued October 29, 2010, by SUMMARY: FMCSA announces an association, business, labor union, etc.). David T. Matsuda, Maritime extension of the comment period on its You may review DOT’s Privacy Act Administrator, is hereby rescinded. May 25, 2012, notice requesting public Statement for the FDMS published in DATES: The date of withdrawal and comments on the National Association the Federal Register on January 17, cancellation of all actions related to this of the Deaf’s (NAD) application for 2008 (73 FR 3316), or you may visit application was effective June 14, 2012. exemptions on behalf of 45 individuals http://edocket.access.gpo.gov/2008/pdf/ ADDRESSES: The Docket Management from the hearing requirement in the E8-785.pdf. Facility maintains the public docket for Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: this project. The docket may be viewed Regulations (FMCSRs). On June 6, 2012, Elaine M. Papp, Chief Medical electronically at http:// NAD formally requested that the Agency Programs, (202) 366–4001, www.regulations.gov under docket extend the comment period. The [email protected], FMCSA, number USCG–2006–24644, or in Agency grants the request for an Department of Transportation, 1200 person at the U.S. Department of extension. New Jersey Avenue SE., Room W64– Transportation, Docket Operations, M– DATES: Comments must be received on 224, Washington, DC 20590–0001. 30, West Building Ground Floor, Room or before July 25, 2012. Office hours are from 8:30 a.m. to 5 W12–140, 1200 New Jersey Avenue SE., ADDRESSES: You may submit comments p.m., Monday through Friday, except Washington, DC 20590. bearing the Federal Docket Management Federal holidays. FOR FURTHER INFORMATION CONTACT: If System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: you have questions about the TORP
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Terminal LP Deepwater Port project, compliance would cause it substantial Washington, DC 20590, between 9 a.m. contact Ms. Yvette M. Fields, Director, economic hardship and that it has tried and 5 p.m., Monday through Friday, Office of Deepwater Ports and Offshore in good faith to comply with the except Federal Holidays. Telephone: Activities, Maritime Administration at standards.1 This notice of receipt of an (202) 366–9826. 202–366–0926 or [email protected]. application for a temporary exemption Privacy Act: Anyone is able to search SUPPLEMENTARY INFORMATION: On is published in accordance with the electronic form of all comments January 13, 2012, MARAD received statutory and administrative provisions. received into any of our dockets by the notification from the applicant, TORP NHTSA has made no judgment on the name of the individual submitting the Terminal LP, of the withdrawal of its merits of the application. comment (or signing the comment, if application to own, construct, and DATES: You should submit your submitted on behalf of an association, operate a deepwater port for a liquefied comments not later than July 26, 2012. business, labor union, etc.). You may natural gas deepwater port facility, FOR FURTHER INFORMATION CONTACT: review DOT’s complete Privacy Act located approximately 62.6 miles south William H. Shakely, Office of the Chief Statement in the Federal Register of Fort Morgan, Alabama in the Federal Counsel, NCC–112, National Highway published on April 11, 2000 (Volume waters of the Outer Continental Shelf Traffic Safety Administration, 1200 New 65, Number 70; Pages 19477–78) or you (OCS) on Main Pass Block 258 and Jersey Avenue SE., West Building 4th may visit http://www.dot.gov/ connected to existing offshore pipelines. Floor, Room W41–318, Washington, DC privacy.html. Consequently, MARAD has terminated 20590. Telephone: (202) 366–2992; Fax: Confidential Business Information: If all activities pertaining to TORP’s (202) 366–3820. you wish to submit any information under a claim of confidentiality, you application and has rescinded its ADDRESSES: We invite you to submit should submit three copies of your Record of Decision for this deepwater comments on the application described complete submission, including the port project. All agency records and above. You may submit comments information you claim to be confidential documents related to the BOET identified by docket number at the business information, to the Chief deepwater port license application are heading of this notice by any of the Counsel, NHTSA, at the address given being preserved and retained by following methods: under FOR FURTHER INFORMATION MARAD and USCG. Further information • Web Site: http:// CONTACT. In addition, you should pertaining to this application may be www.regulations.gov. Follow the submit two copies, from which you found in the public docket (see instructions for submitting comments have deleted the claimed confidential ADDRESSES). on the electronic docket site by clicking business information, to Docket Authority: 49 CFR 1.66. on ‘‘Help and Information’’ or ‘‘Help/ Management at the address given above. Info.’’ When you send a comment containing By Order of the Maritime Administrator. • Fax: 1–202–493–2251. Dated: June 18, 2012. • Mail: U.S. Department of information claimed to be confidential Julie P. Agarwal, Transportation, Docket Operations, M– business information, you should include a cover letter setting forth the Secretary, Maritime Administration. 30, Room W12–140, 1200 New Jersey information specified in our [FR Doc. 2012–15623 Filed 6–25–12; 8:45 am] Avenue SE., Washington, DC 20590. • confidential business information BILLING CODE 4910–81–P Hand Delivery: 1200 New Jersey Avenue SE., West Building Ground regulation (49 CFR part 512). Floor, Room W12–140, Washington, DC, SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday I. Statutory Basis for Temporary through Friday, except Federal Exemptions National Highway Traffic Safety Holidays. Administration • Federal eRulemaking Portal: Go to The National Traffic and Motor Vehicle Safety Act (Safety Act), codified [Docket No. NHTSA–2012–0085] http://www.regulations.gov. Follow the online instructions for submitting as 49 U.S.C. Chapter 301, authorizes the Secretary of Transportation to exempt, Vision Motor Cars, Inc.; Receipt of comments. on a temporary basis and under Petition for Temporary Exemption Instructions: All submissions must specified circumstances, motor vehicles From Certain Requirements of FMVSS include the agency name and docket from a motor vehicle safety standard or No. 126, FMVSS No. 201, and FMVSS number. Note that all comments bumper standard. This authority is set No. 208 received will be posted without change to http://www.regulations.gov, including forth at 49 U.S.C. 30113. The Secretary AGENCY: National Highway Traffic any personal information provided. has delegated the authority in this Safety Administration (NHTSA), Please see the Privacy Act discussion section to NHTSA. NHTSA established 49 CFR part 555, Department of Transportation (DOT). below. We will consider all comments Temporary Exemption from Motor ACTION: Notice of receipt of petition for received before the close of business on Vehicle Safety and Bumper Standards, temporary exemption. the comment closing date indicated to implement the statutory provisions above. To the extent possible, we will SUMMARY: In accordance with the concerning temporary exemptions. A also consider comments filed after the procedures in 49 CFR part 555, Vision vehicle manufacturer wishing to obtain closing date. Motor Cars, Inc., (VMCI) has petitioned Docket: For access to the docket to an exemption from a standard must the agency for temporary exemption read background documents or demonstrate in its application (A) that from certain requirements of Federal comments received, go to http:// an exemption would be in the public Motor Vehicle Safety Standard (FMVSS) www.regulations.gov at any time or to interest and consistent with the Safety No. 126, Electronic Stability Control 1200 New Jersey Avenue SE., West Act and (B) that the manufacturer Systems, FMVSS No. 201, Occupant Building Ground Floor, Room W12–140, satisfies one of the following four bases Protection in Interior Impact, and for an exemption: (i) Compliance with FMVSS No. 208, Occupant Crash 1 To view the petition, go to http:// the standard would cause substantial Protection. The basis for the application www.regulations.gov and enter the docket number economic hardship to a manufacturer is that the petitioner avers that set forth in the heading of this document. that has tried to comply with the
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standard in good faith; (ii) the in the past, the agency announced in manufacturers may face particular exemption would make easier the 2007 that given the large benefits of difficulties in acquiring or developing development or field evaluation of a frontal air bags, the number of years that advanced air bag systems. new motor vehicle safety feature the requirements had been in effect and Notwithstanding those previous providing a safety level at least equal to the fact that a number of small volume grants of exemption, NHTSA has the safety level of the standard; (iii) the manufacturers had been able to meet the considered two key issues— exemption would make the requirements, the agency had (1) Whether it is in the public interest development or field evaluation of a determined that it was generally not in to continue to grant such petitions, low-emission motor vehicle easier and the public interest or consistent with the particularly in the same manner as in would not unreasonably lower the Safety Act to grant new exemptions the past, given the number of years safety level of that vehicle; or (iv) from these requirements.3 these requirements have now been in compliance with the standard would In 2000, NHTSA upgraded the effect and the benefits of advanced air prevent the manufacturer from selling a requirements for air bags in passenger bags, and motor vehicle with an overall safety cars and light trucks, requiring what are (2) To the extent such petitions are level at least equal to the overall safety commonly known as ‘‘advanced air granted, what plans and level of nonexempt vehicles. bags.’’ 4 The upgrade was designed to countermeasures to protect child and A manufacturer is eligible to apply for meet the twin goals of improving infant occupants, short of compliance a hardship exemption if its total motor protection for occupants of all sizes, with the advanced air bags, should be vehicle production in its most recent belted and unbelted, in moderate-to- expected. year of production did not exceed high-speed crashes, and of minimizing While the exemption authority was 10,000 vehicles, as determined by the the risks posed by air bags to infants, created to address the problems of small NHTSA Administrator (49 U.S.C. children, and other occupants, manufacturers and the agency wishes to 30113). especially in low-speed crashes. be appropriately attentive to those In determining whether a The issuance of the advanced air bag problems, it was not anticipated by the manufacturer of a vehicle meets that requirements was a culmination of a agency that use of this authority would criterion, NHTSA considers whether a comprehensive plan that the agency result in small manufacturers being second vehicle manufacturer also might announced in 1996 to address the given much more than relatively short be deemed the manufacturer of that adverse effects of air bags. This plan term exemptions from recently vehicle. The statutory provisions also included an extensive consumer implemented safety standards, governing motor vehicle safety (49 education program to encourage the especially those addressing particularly U.S.C. Chapter 301) do not state that a placement of children in rear seats. significant safety problems. manufacturer has substantial The new requirements were phased- Given the passage of time since the responsibility as manufacturer of a in, beginning with the 2004 model year. advanced air bag requirements were vehicle simply because it owns or Small volume manufacturers were not established and implemented, and in controls a second manufacturer that subject to the advanced air bag light of the benefits of advanced air assembled that vehicle. However, the requirements until the end of the phase- bags, NHTSA has determined that it is agency considers the statutory in period, i.e., September 1, 2006. not in the public interest to continue to definition of ‘‘manufacturer’’ (49 U.S.C. In recent years, NHTSA has addressed grant exemptions from these 30102) to be sufficiently broad to a number of petitions for exemption requirements under the same terms as in include sponsors, depending on the from the advanced air bag requirements the past.6 The costs of compliance with circumstances. Thus, NHTSA has stated of FMVSS No. 208. The majority of the advanced air bag requirements of that a manufacturer may be deemed to these requests have come from small FMVSS No. 208 are costs that all be a sponsor and thus a manufacturer of volume manufacturers, each of which entrants to the U.S. automobile a vehicle assembled by a second has petitioned on the basis that marketplace should expect to bear. compliance would cause it substantial manufacturer if the first manufacturer Furthermore, NHTSA understands that, economic hardship and that it has tried had a substantial role in the in contrast to the initial years after the in good faith to comply with the development and manufacturing advanced air bag requirements went standard. In recognition of the more process of that vehicle. into effect, low volume manufacturers limited resources and capabilities of now have access to advanced air bag II. Air Bag Requirements and Small small volume manufacturers, authority technology. Accordingly, NHTSA has Volume Manufacturers to grant exemptions based on concluded that the expense of advanced substantial economic hardship and good All trucks with a gross vehicle weight air bag technology is not now sufficient, faith efforts was added to the Vehicle rating (GVWR) of 8,500 pounds or less in and of itself, to justify the grant of a Safety Act in 1972 to enable the agency and an unloaded vehicle weight of 5,500 petition for a hardship exemption from pounds or less manufactured on or after to give those manufacturers additional 7 time to comply with the Federal safety the advanced air bag requirements. September 1, 1998, are required to have NHTSA further notes that the granting air bags at the driver and right front standards. NHTSA has granted a number of these of hardship exemptions from motor passenger positions, and the vehicle vehicle safety standards is subject to the must meet certain injury criteria as petitions, usually in situations in which the manufacturer is supplying standard agency’s finding that the petitioning measured by test dummies during manufacturer has ‘‘tried to comply with 2 air bags in lieu of advanced air bags.5 In specified test procedures. the standard in good faith.’’ 8 In The requirements for standard air addressing these petitions, NHTSA has recognized that small volume response to prior petitions, NHTSA has bags are longstanding, and a number of granted temporary exemptions from the small volume manufacturers have found advanced air bag requirements as a ways to meet them. Although NHTSA 3 See denial of petition of SS II of America, 72 FR granted a small number of exemptions 30426 (May 31, 2007). 4 See 65 FR 30680 (May 12, 2000). 6 See denial of petition of Pagani Automobili from the standard air bag requirements 5 See, e.g., grant of petition to Panoz, 72 FR 28759 SpA, 76 FR 47641–42 (Aug. 5, 2011). (May 22, 2007), or grant of petition to Koenigsegg, 7 See id. 2 49 CFR 571.208, S4.2.6.2. 72 FR 17608 (April 9, 2007). 8 49 U.S.C. 30113(b)(3)(B)(i).
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means of affording eligible IV. Occupant Protection in Interior 6-year-old requirements), S25 manufacturers an additional transition Impact Requirement (requirements using an out-of-position period to comply with the exempted FMVSS No. 201, Occupant Protection 5th percentile adult female dummy at standard. In deciding whether to grant in Interior Impact applies to vehicles the driver position), and S26 (procedure an exemption based on substantial with a gross vehicle weight rating of for low risk deployment tests of driver economic hardship and good faith 4,536 kg (10,000 pounds) or less. The air bag) of FMVSS No. 208. The petition efforts, NHTSA considers the steps that standard establishes performance for exemption is for the Everest model, the manufacturer has already taken to requirements designed to reduce the a two-seat, all-electric light delivery achieve compliance, as well as the risk of injury in the event an occupant truck. future steps the manufacturer plans to strikes the interior of a vehicle during a The basis for the application is that take during the exemption period and crash. Specifically, certain areas within compliance would cause the petitioner the estimated date by which full the vehicle must be properly padded or substantial economic hardship and that compliance will be achieved.9 NHTSA invites comment on how otherwise have energy absorbing the petitioner has tried in good faith to these considerations relate to VMCI’s properties to minimize head injury in comply with the standard. VMCI has petition for an exemption from the the event of a crash. Head impact requested an exemption for the Everest standard and advanced air bag protection performance is determined, model for 36 months. VMCI asserts that requirements of FMVSS No. 208. in part, by testing specific targets on the over $3 million has been spent so far to vehicle interior. FMVSS No. 201 further comply with the FMVSSs. However, the III. Electronic Stability Control Systems specifies that doors to interior company states that the additional Requirement compartments must remain latched capital required to accomplish FMVSS In April 2007, NHTSA published a when subjected to certain forces that certification at this time presents a final rule requiring that vehicles with a might be experienced in a crash. hardship to the company and that an exemption would provide feedback and gross vehicle weight rating of 4,536 kg V. Overview of Petition (10,000 pounds) or less be equipped revenue in order to bring the Everest with electronic stability control (ESC) In accordance with 49 U.S.C. 30113 into compliance. VMCI states that the systems. ESC systems use automatic and the procedures in 49 CFR part 555, company intends to comply with the computer-controlled braking of VMCI submitted a petition asking the requirements of FMVSS Nos. 126, 201, individual wheels to assist the driver in agency for a temporary exemption from and 208 by the end of the exemption maintaining control in critical driving the electronic stability control period. VMCI is a Tennessee situations in which the vehicle is requirements of FMVSS No. 126, certain corporation with its headquarters in beginning to lose directional stability at requirements of FMVSS No. 201, and North Carolina. The company the rear wheels (spin out) or directional the standard and advanced air bag manufactured 6 vehicles in the 12 control at the front wheels (plow out). requirements of FMVSS No. 208.12 month period prior to filing the petition. An anti-lock brake system (ABS) is a Specifically, VMCI requested exemption The company states that it plans to prerequisite for an ESC system because from all of FMVSS No. 126; the produce approximately 2,500 vehicles ESC uses many of the same components requirements in S5.1 (requirements for annually during the exemption period. as ABS. Thus, the cost of complying instrument panels), S5.2 (requirements Regarding FMVSS No. 126, VMCI with FMVSS No. 126 is less for vehicle for seat backs), S5.3 (requirements for asserts that the equipment design, models already equipped with ABS. interior compartment doors), S6 fitting, testing and certification of the Preventing single-vehicle loss-of- (requirements for upper interior Everest for compliance with the ESC control crashes is the most effective way components), S8 (test conditions and requirements would cost approximately to reduce deaths resulting from rollover specification of target locations), S9 $1.4 million, and that these costs pose crashes. This is because most loss-of- (orthogonal reference system), and S10 an economic hardship to the company. control crashes culminate in the vehicle (specification of target locations) of VMCI requests an exemption from the leaving the roadway, which FMVSS No. 201; and the requirements ESC requirements for 36 months. VMCI dramatically increases the probability of in paragraphs S4.2.6.2 (standard air bag states that the lightweight nature of the a rollover. NHTSA’s crash data study of requirements for light trucks), S14 vehicle (GVWR of 1,400 kg) and the fact existing vehicles equipped with ESC (advanced air bag requirements), S15 that it will be equipped with front disc demonstrated that these systems reduce (rigid barrier test requirements using 5th brakes and rear drum or disc braking fatal single-vehicle crashes of passenger percentile adult female dummies), S17 will keep the vehicle stable in all cars by 55 percent and fatal single- (offset frontal deformable barrier braking conditions. VMCI further states vehicle crashes of light trucks and vans requirements using 5th percentile adult that the placement of the vehicle’s (LTVs) by 50 percent.10 NHTSA female dummies), S19 (except for battery packs below the center of gravity estimates that ESC has the potential to S19.2.2) (requirements to provide will result in a much lower chance of prevent 56 percent of the fatal passenger protection for infants in rear facing and vehicle rollover in most driving car rollovers and 74 percent of the fatal convertible child restraints and car conditions. VMCI asserts that, LTV first-event rollovers that would beds), S20 (test procedure for infant accordingly, the risk presented to the otherwise occur in single-vehicle requirements), S21 (requirements using public by the exemption is low. crashes.11 3-year-old child dummies), S22 (test The ESC requirement became procedure for 3-year-old requirements), Regarding the specified requirements effective for substantially all vehicles on S23 (requirements using 6-year-old of FMVSS No. 201, VMCI states that the September 1, 2011. child dummies), S24 (test procedure for Everest will be equipped with energy- absorbing materials in the interior 9 49 CFR 555.6(a)(2). 12 In response to a request for clarification from passenger compartment target zones of 10 Sivinski, R., Crash Prevention Effectiveness of the agency, VMCI clarified in an email certain potential impact. However, VMCI Light-Vehicle Electronic Stability Control: An background information and from which requests an exemption from certain Update of the 2007 NHTSA Evaluation; DOT HS requirements of FMVSS No. 208 the company was 811 486 (June 2011). seeking exemption. A copy of this email will be requirements because, according to 11 Id. posted to the docket. VMCI, the costs of testing to certify
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compliance would present an economic final action on the petition in the Comments on the meeting may be hardship to the company.13 Federal Register. submitted to the docket in the following VMCI requests exemption from the Issued on: June 15, 2012. ways: standard and advanced air bag Lori Summers, E-Gov Web Site: http:// requirements of FMVSS No. 208 Director, Office of Crashworthiness www.regulations.gov. This site allows because, according to VMCI, the costs of the public to enter comments on any testing to certify compliance would Standards. [FR Doc. 2012–15585 Filed 6–25–12; 8:45 am] Federal Register notice issued by any present an economic hardship to the agency. company.14 VMCI states that the Everest BILLING CODE 4910–59–P Fax: 1–202–493–2251. will be equipped with air bags on the driver and passenger sides, retracting Mail: Docket Management Facility; seat belts, and reinforced doors. DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation However, the company asserts that the (DOT), 1200 New Jersey Avenue SE., Pipeline and Hazardous Materials West Building, Room W12–140, cost of certifying the vehicle to the Safety Administration FMVSS requirements is prohibitive Washington, DC 20590–001. prior to production. Hand Delivery: Room W12–140 on the VMCI further states that the Everest [Docket No. PHMSA–2009–0203] ground level of the DOT West Building, will be equipped with an interlock that 1200 New Jersey Avenue SE., Pipeline Safety: Meeting of the will prevent the vehicle from moving if Washington, DC, between 9:00 a.m. and Technical Pipeline Safety Standards occupants are not properly belted. The 5:00 p.m., Monday through Friday, Committee and the Technical company asserts that this mitigates the except Federal Holidays. risks of an exemption from the unbelted Hazardous Liquid Pipeline Safety Standards Committee Instructions: Identify the docket occupant requirements. Additionally, number PHMSA–2009–0203 at the VMCI states that it is unlikely that an AGENCY: Pipeline and Hazardous beginning of your comments. Note that infant or child would be riding in the Materials Safety Administration all comments received will be posted Everest because it is being targeted to (PHMSA), DOT. without change to http:// the commercial light delivery market. ACTION: Notice of advisory committee www.regulations.gov, including any However, the Everest will be equipped meetings. personal information provided. You with a key switch to deactivate the should know that anyone is able to passenger side air bag and a compliant SUMMARY: This notice announces a search the electronic form of all air bag status telltale. public meeting of the Technical comments received into any of our VMCI asserts that granting the Pipeline Safety Standards Committee dockets by the name of the individual exemption would serve the public good (TPSSC) and the Technical Hazardous submitting the comment (or signing the by making an all electric, affordable, Liquid Pipeline Safety Standards comment, if submitted on behalf of an practical work truck available, by Committee (THLPSSC). The committees association, business, labor union, etc.). creating jobs, and by reducing pollution will meet to discuss a proposed Therefore, you may want to review and dependence on foreign sources of rulemaking to make miscellaneous DOT’s complete Privacy Act Statement oil. changes to the pipeline safety in the Federal Register published on VI. Completeness and Comment Period regulations and to discuss several future April 11, 2000 (65 FR 19477) or view Upon receiving a petition, NHTSA regulatory initiatives. the Privacy Notice at http:// conducts an initial review of the DATES: The TPSSC and the THLPSSC www.regulations.gov before submitting petition with respect to whether the will meet in joint session on any such comments. petition is complete. The agency has Wednesday, July 11, 2012, from 9 a.m. Docket: For access to the docket or to tentatively concluded that the petition to 5 p.m. The TPSSC and THLPSSC will read background documents or from VMCI is complete. The agency has meet separately but simultaneously on comments, go to http:// not made any judgment on the merits of Thursday, July 12 from 9 a.m. to 12 www.regulations.gov at any time or to the petition, and is placing a non- Noon followed by a second joint session Room W12–140 on the ground level of confidential copy of the petition in the from 1 p.m. to 4 p.m. EDT. The meeting the DOT West Building, 1200 New docket. will not be web cast; however, Jersey Avenue SE., Washington, DC, The agency seeks comment from the presentations will be available on the between 9:00 a.m. and 5:00 p.m., public on the merits of VMCI’s petition meeting Web site and posted in the E- Monday through Friday, except Federal for a temporary exemption from FMVSS Gov Web Site: http:// holidays. No. 126, certain requirements of FMVSS www.regulations.gov under docket If you wish to receive confirmation of No. 201, and the standard and advanced number PHMSA–2009–0203 within 30 receipt of your written comments, air bag requirements of FMVSS No. 208. days following the meeting. please include a self-addressed, We are providing a 30-day comment ADDRESSES: The meeting will be held at stamped postcard with the following period. After considering public the Marriott at Metro Center, 775 12th statement: ‘‘Comments on PHMSA– comments and other available Street NW., Washington, DC 20005. The 2009–0203.’’ The Docket Clerk will information, we will publish a notice of telephone number is 1–800–228–9290: date-stamp the postcard prior to the local telephone number is (202) returning it to you via the U.S. mail. 13 VMCI has requested confidential treatment 737–2200. Additional information about Please note that due to delays in the under 49 CFR part 512 for certain business and financial information submitted as part of its the hotel is available at: http:// delivery of U.S. mail to Federal offices petition for temporary exemption. Accordingly, the www.marriott.com/hotels/travel/ in Washington, DC, we recommend that information placed in the docket does not contain WASMC-Washington-Marriott-at-Metro- persons consider an alternative method the information that is the subject of this request. Center. Any new information or changes (Internet, fax, or professional delivery The precise costs of testing and certification are provided in the confidential version of the petition. will be posted on the PHMSA Web page, service) of submitting comments to the 14 The precise costs of testing and certification are (http://www.phmsa.dot.gov/public), docket and ensuring their timely receipt provided in the confidential version of the petition. under ‘‘Latest News’’ on the homepage. at DOT.
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Privacy Act Statement Issued in Washington, DC on June 18, increase financial access and/or 2012. financial capability. Anyone may search the electronic Linda Daugherty, Detailed Information about the form of comments received in response Deputy Associate Administrator for Policy Challenges— to any of our dockets by the name of the and Programs. The following sections provide the individual who submitted the comment [FR Doc. 2012–15292 Filed 6–25–12; 8:45 am] official rules for each Challenge. (or signing the comment, if submitted BILLING CODE 4910–60–P on behalf of an association, business, IdeaBank Challenge Competition— labor union, etc.). DOT’s complete Table of Contents Privacy Act Statement was published in DEPARTMENT OF THE TREASURY the Federal Register on April 11, 2000 1. Eligibility Announcement of Two Competitions 2. Challenge Period and Judging Period (65 FR 19477). 3. How to Enter and Submission Under the America COMPETES Information on Services for Individuals Requirements Reauthorization Act of 2010: 4. Intellectual Property Rights With Disabilities MyMoneyAppUp IdeaBank Challenge 5. Display of Ideas and Public Voting and the MyMoneyAppUp App Design For information on facilities or 6. Winner Selection Challenge 7. Verification of Potential Winners services for individuals with 8. Prizes disabilities, or to seek special assistance AGENCY: Department of the Treasury. 9. Entry Conditions and Release at the meeting, please contact Cheryl ACTION: Notice. 10. Publicity Whetsel at 202–366–4431 by July 5, 11. Administrators and the Treasury 2012. SUMMARY: The Department of the 12. General Conditions Treasury (Treasury) is announcing the 13. Limitations of Liability FOR FURTHER INFORMATION CONTACT: For launch of two related competitions, the 14. Disputes information about the meeting, contact MyMoneyAppUp IdeaBank Challenge 5. Arbitration 16. Privacy Cheryl Whetsel by phone at 202–366– and the MyMoneyAppUp App Design 4431 or by email at Challenge. Both challenges are 1. Eligibility [email protected]. sponsored by Treasury in partnership Eligible Individuals and Entities with the D2D Fund (D2D) and the SUPPLEMENTARY INFORMATION: Center for Financial Services Innovation The Challenge is open only to: I. Meeting Details (CFSI). • Individuals who are U.S. citizens or Please go to http://mymoneyappup. permanent residents of the fifty (50) Members of the public may attend challenge.gov to learn more about the United States and its territories who are and make a statement during the two challenges and how to participate. at least fourteen (14) years old at the advisory committee meeting. If you DATES: Important dates for the IdeaBank time of entry; and intend to make a statement, please Challenge Competition— • Corporations (including not-for- notify PHMSA in advance by Start Date and Time: 12 a.m. EDT, profit corporations and other non-profit forwarding an email to June 27, 2012. entities) or organizations that (i) are [email protected] by July 5, 2012. End Date and Time: 11:59 p.m. EDT, incorporated in the United States or its August 1, 2012. territories, (ii) have been duly organized II. Committee Background Announcement of Challenge Winners: and validly exist, and (iii) maintain a The TPSSC and THLPSSC are It is anticipated that winners will be primary place of business in the United statutorily mandated advisory announced before November 1, 2012. States (such corporations or committees that advise PHMSA on Important dates for the App Design organizations, ‘‘Organizations’’). Challenge Competition— proposed safety standards, risks Individuals, Organizations, or teams Start Date and Time: 12 a.m. EDT, assessments, and safety policies for must register to participate in the June 27, 2012. natural gas pipelines and for hazardous Challenge. Individuals may form teams End Date and Time: 11:59 p.m. EDT, (comprised solely of individuals) to liquid pipelines. Both committees were August 12, 2012. established under the Federal Advisory enter the Challenge, provided that each Announcement of Challenge Winners: member of a team must be Committee Act (Pub. L. 92–463, 5 U.S.C. It is anticipated that winners will be App. 1) and the pipeline safety law (49 independently eligible in accordance announced before November 1, 2012. with these eligibility requirements. U.S.C. Chap. 601). Each committee FOR FURTHER INFORMATION CONTACT: Individuals submitting on behalf of consists of 15 members—with Sophie Raseman, Office of Financial teams or Organizations must meet the membership evenly divided among the Access, Financial Education and eligibility requirements for individual Federal and state government, the Consumer Protection, Department of the Contestants. An individual may join regulated industry, and the public. The Treasury, Sophie.Raseman@Treasury. more than one team and/or committees advise PHMSA on the gov. Organization. technical feasibility, practicability, and SUPPLEMENTARY INFORMATION: cost-effectiveness of each proposed Ineligible Individuals and Entities pipeline safety standard. Introduction The following individuals and entities III. Agenda The Department of the Treasury and are not eligible to participate in the its partners CFSI and D2D are Challenge: The Agenda is published on the sponsoring the two related • The Administrators and any PHMSA (DOT) Web site. MyMoneyAppUp prize challenges to advertising agency or other company or Authority: 49 U.S.C. 60102, 60115; 60118. promote the development of ideas and contractor involved with the design, designs for innovative applications production, promotion, execution, or (‘‘apps’’) for mobile devices that will distribution of the Challenge;
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• Any parent company, subsidiary, or sole discretion, set to Eastern Time, is • Must be original, be the work of the other affiliate of any entity described the official time-keeping device for this Contestant, and not violate the rights of above; Challenge. other parties; • • Any employee of the entities The approximate dates for the judging Must not contain any matter that in described above (and their respective are between 08/02/2012 and 08/16/ the sole discretion of the parent companies, subsidiaries, and 2012. These dates are approximate and Administrators, Treasury, or the judges: other affiliates) and any member of such are subject to change at the discretion of (i) Depicts hatred; (ii) defames or employee’s immediate family or the Administrators and Treasury. denigrates (or is derogatory towards) household; any person or group of persons or any • Any individual involved with the 3. How To Enter and Submission race, ethnic group, or culture; (iii) design, production, promotion, Requirements threatens a specific community in execution, or distribution of the Registration: During the Challenge society, including any specific race, Challenge and each member of any such Period, Contestants must register by ethnic group, or culture; (iv) is intended individual’s immediate family or visiting http://ideabank. to or may reasonably incite violence; (v) household; contains vulgar or obscene language or • mymoneyappup.challenge.gov and Any judge (as described in Section completing the registration form, or, if excessive violence; (vi) contains 6), any member of a judge’s immediate already registered, follow the pornography, obscenity, or sexual family or household, and anyone who procedures to join this Challenge. activity; (vii) is otherwise indecent, in otherwise has a familial or financial Registration is free. After the Contestant obvious bad taste, or demonstrates a relationship with a judge; lack of respect for public morals or • registers, the Contestant must verify the Any entity or individual in whom email address the Contestant provided conduct; or (viii) adversely affects the a judge has a personal or financial via the registration email sent to the reputation of Treasury or the interest or for whom a judge is an Administrators; address entered in the registration form. • employee, officer, director, or agent; Once registered, Contestants will be able Must comply with the Terms of • Any company or individual that has to submit ideas for apps (‘‘Ideas’’). Participation of http://ideabank. a material business relationship or Registration will be required to receive mymoneyappup.challenge.gov and with affiliation with the judges; updates on the Challenge. applicable law; and • Any employee of Treasury; • Must be in the English language. • Any Federal entity; and Submitting an Idea: To submit an If the Administrators, Treasury, or the • Any Federal employee acting Idea, a Contestant must agree to these judges, in their discretion, find any Idea within the scope of his or her Official Rules and any other terms, to not satisfy these requirements or any employment. conditions, or policies that apply to the other provisions in these Official Rules, For purposes of these Official Rules, Contestant’s use of the Challenge Web then such Idea shall be deemed (a) the members of an individual’s site, and complete the short statement disqualified. The Administrators, immediate family include such that begins with ‘‘I want an app that’’ by Treasury, or the judges may also prevent individual’s spouse, children and step- inputting the Contestant’s idea and such an Idea from being displayed on children, parents and step-parents, and posting it to http://ideabank. the Web site, or may remove such an siblings and step-siblings, and (b) the mymoneyappup.challenge.gov. Ideas Idea that was already posted. members of an individual’s household will be automatically submitted as an Each Contestant (or if a team, then include any other person that shares the Idea of that Contestant upon posting the each member of the team) represents same residence as such individual for at Idea on http://ideabank. and warrants that he, she, or it is the least three (3) months out of the year. mymoneyappup.challenge.gov. sole author and owner of the Idea, that By submitting an idea, Contestants Idea Guidelines: Ideas should be the Idea is wholly original with the certify they meet these eligibility innovative ideas for apps that will Contestant, and that the Idea does not requirements. If they become aware they promote financial capability and/or infringe, misappropriate, or otherwise may no longer meet any of the eligibility financial access. violate any copyright, trade secret requirements of this section, Contestants Integration of Data: Contestants are rights, or any other rights of any third agree to notify Administrators encouraged to propose ideas for apps party. immediately by email at info@ that integrate data in ways that foster 4. Intellectual Property Rights mymoneyappup.com. financial capability and/or financial The Challenge is subject to all access. Types of data include, but are Each Contestant grants to the applicable Federal and state laws and not limited to, (i) the user’s own Administrators, Treasury, and their regulations. Participation constitutes personal financial data, such as agents, a perpetual, royalty-free, non- Contestant’s full and unconditional information on the balances and exclusive, worldwide license with the agreement to these Official Rules and transactions in his or her existing right to sublicense under the the Administrators’ and Treasury’s financial accounts and (ii) data on Contestant’s copyright in and to each decisions, which are final and binding financial products and services. Idea or other comment submitted by the in all matters related to the Challenge. Idea Submission Requirements: Ideas Contestant to use, copy for use, make Eligibility for a prize award is submitted must meet the below derivative works of, perform publicly, contingent upon fulfilling all requirements to be eligible to win a and display publicly, for any purpose requirements set forth herein. prize: whatsoever. 2. Challenge Period and Judging Period • Must be submitted during the 5. Display of Ideas and Public Voting The Challenge submission period Challenge Period; Ideas meeting the Idea Submission begins on 06/27/2012 at 12 a.m. EDT • Must be for an app that promotes Requirements (Section 3) will be posted and ends on 08/01/2012 at 11:59 p.m. financial access and/or financial on http://ideabank. EDT (the ‘‘Challenge Period’’). A capability; mymoneyappup.challenge.gov and computer specified by the • Must not be substantially identical publicly attributed to the Contestant’s Administrators and Treasury, in their to a prior submission; username or first name and last initial
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associated with the Challenge.gov user the Contestant in their sole discretion. If change at the discretion of the account that the voter creates upon the voting process fails to operate Administrators and Treasury. Judges registration on the http://ideabank. properly or appears to be tampered with have the right to withdraw from the mymoneyappup.challenge.gov. or tainted with errors, fraud or unfair Challenge without advance notice in the To vote, a member of the public must practices, the Administrators and event of extenuating circumstances register for the Challenge at http:// Treasury, in their sole discretion, beyond their control or as may be ideabank.mymoneyappup.challenge. reserve the right to direct the judging otherwise permitted by the gov. panel, as described in Section 6 below, Administrators and Treasury. The public voting will take place from to select up to ten (10) Finalists. Winner selection: Judges will score 06/27/2012 through 08/07/2012. Public Contestants may not pay people or each of the Finalist Ideas. The five (5) voting will be used to rank the Ideas, provide any other type of consideration Contestants whose Ideas earn the with the top ten (10) vote-getters being in exchange for votes. Any Contestant highest overall scores will win the finalists (‘‘Finalists’’). In the event there who violates the ban on paying or prizes. The Idea with the highest score is a tie in voting such that it is not providing consideration in exchange for is the Grand Prize Winner, provided possible to identify only ten (10) votes will be disqualified. Public votes that the Idea and the Contestant who Finalists, the number of Finalists will be may be displayed on the competition submitted the Idea is in compliance increased as necessary. Each registered Web site, on a real-time basis, before with these Official Rules, as determined visitor is able to vote once for any or all being verified for integrity. These by the judges. The Ideas with the second Ideas during the voting period and may unverified votes do not necessarily and third highest scores are the Runners not revise his or her vote. accurately reflect the Finalists. The Up, provided that the Idea and the Use of an automated process or winners will be the Contestants who are Contestant who submitted the Idea is in similar device to submit an electronic contacted directly by the Administrators compliance with these Official Rules, as vote is strictly prohibited. Any attempt after votes have been verified. determined by the judges. The Ideas to circumvent the one vote limit per There is no limitation on the number with the fourth and fifth highest scores Idea or to use an automated voting of Ideas a Contestant can submit. A are the Honorable Mentions, provided process will subject all votes from the Contestant, however, may only have one that the Idea and the Contestant who person to disqualification. If a (1) Idea as a winner of a monetary submitted the Idea is in compliance Contestant receives multiple and/or award. with these Official Rules, as determined irregular votes from the same user or by the judges. If there is a tie between 6. Judges and Winner Selection users, including but not limited to, votes one or more Ideas for any of the generated by a robotic, programmed, Judges: A panel of judges will be monetary prizes, the winners will be script, macro, other automated means or appointed by Treasury and the selected by a final vote by the judges. other source, the Administrators and/or Administrators. The individual judges Judging criteria: Finalists will be Treasury reserve the right to disqualify that comprise the judging panel may judged according to the below criteria.
Criteria Factors
Innovativeness of the idea ...... • How innovative is this solution? Potential to expand financial capability • How significant is the potential impact on consumers? and/or financial access. • What is the potential for the app to enhance consumer financial capability and decision-making? (if applicable). • What is the potential for consumers to use the app to gain access to high quality financial products and services? (if applicable). • What is the potential for the app to help consumers adopt financial behaviors which will help them achieve their financial goals? (if applicable). • To what extent does the app incorporate data, such as personal account data or data on financial products, to promote financial capability and/or financial access? (if applicable).
7. Verification of Potential Winners prohibited) to claim his/her prize. If a 8. Prizes All Finalists are subject to verification Finalist cannot be contacted, fails to sign and return the Affidavit of As described in Section 6, winners are by the Administrators and Treasury, determined by the judges based on the whose decisions are final and binding in Eligibility and Liability/Publicity criteria listed in Section 6, provided that all matters related to the Challenge. Release within the required time period Finalists must continue to comply (if applicable), or if the prize or prize the Idea and the Contestant who with all terms and conditions of these notification is returned as submitted the Idea are in compliance Official Rules, and winning is undeliverable, the Finalist will forfeit with these Official Rules. contingent upon fulfilling all the prize. In the event that a Finalist is Administrators shall pay prizes as requirements. The Finalists will be disqualified for any reason, the follows. No prize will be paid from notified by email after the date of the Administrators may award the Federal funds, and Treasury is not public voting. Each Finalist, and the applicable prize to an alternate winner responsible for paying any prize winner. Finalist’s parent/guardian if the winner in their discretion, provided that the is under eighteen (18) years of age, will Idea and the Contestant who submitted Winner Prize Quantity be required to sign and return to the the Idea is in compliance with these Grand Prize Winner .. $1,000 1 Administrators, within five (5) calendar Official Rules. days of the date notice is sent, an Runners-Up ...... 500 2 Affidavit of Eligibility and Liability/ Honorable Mention ... 250 2 Publicity Release (except where
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9. Entry Conditions, Release, and or indirectly, in whole or in part, from Rules shall not constitute a waiver of Indemnification Contestant’s participation in the that provision. The Administrators and By entering, each Contestant agrees to: Challenge or receipt, use or misuse of Treasury are not responsible for, nor are (a) Comply with and be bound by any prize. they required to count, incomplete, late, these Official Rules and the decisions of (c) Indemnify, defend, and hold misdirected, damaged, unlawful, or the Administrators, Treasury, and/or the harmless the Administrators and the illicit votes, including those secured Challenge judges, which are binding Federal government (including through payment, automated means, and final in all matters relating to this Treasury) from and against any and all registering more than one email account Challenge; claims, expenses, and liabilities and name, using another Contestant’s (b) Release and hold harmless the (including reasonable attorneys’ fees) email account and name. In addition, Administrators and the Federal arising out of or relating to a Administrators and Treasury are not government (including Treasury) and Contestant’s participation in the responsible for or required to count their respective parent, subsidiary, and Challenge, submission of an Idea, and/ votes lost for technical reasons or affiliated companies, offices, contractors or Contestant’s acceptance, use, or otherwise. and subcontractors at any tier, misuse of a prize. If for any reason a Contestant’s entry suppliers, users, customers, cooperating Notwithstanding the foregoing, the is confirmed to have been erroneously parties, grantees, investigators, waivers and releases set forth in this deleted, lost, or otherwise destroyed or detailees; the prize suppliers, and any Section 9 shall not apply (i) in the case corrupted, Contestant’s sole remedy is other organizations responsible for of willful misconduct or (ii) for claims another entry in the Challenge. No more sponsoring, fulfilling, administering, arising out of the unauthorized use or than the stated number of prizes will be advertising, or promoting the Challenge; disclosure by Treasury of the awarded. and all of their respective past and intellectual property, trade secrets, or confidential business information of the 13. Disputes; Governing Law; Choice of present officers, directors, employees, Forum agents, and representatives (collectively, Contestant. Contestant agrees that: the ‘‘Released Parties’’) from and against 10. Publicity any and all losses, damages, costs, (a) Any and all disputes, claims and expenses, liability and claims of any Except where prohibited, causes of action against the kind, including but not limited to any participation in the Challenge Administrators arising out of or injury, death, damage, loss of property, constitutes a Finalist’s consent to the connected with this Challenge, or any revenue, or profits, negligence, invasion Administrators’, Treasury’s, and their prizes awarded, other than those of privacy (under appropriation, agents’ use of the Finalist’s name, concerning the administration of the intrusion, public disclosure of private likeness, photograph, voice, opinions, Challenge or the determination of facts, false light in the public eye or and/or hometown and state for winners, shall be resolved individually, other legal theory), defamation, slander, promotional purposes in any media, without resort to any form of class libel, violation of right of publicity, worldwide, without further payment or action; and infringement of trademark, copyright or consideration. (b) Any and all claims, judgments and awards shall be limited to actual other intellectual property rights, in 11. No Endorsement each case whether direct, indirect or damages and out-of-pocket costs consequential, arising out of or relating The Administrators and Treasury do incurred, including costs associated to a Contestant’s conception or not endorse any commercial enterprise with entering this Challenge, but shall submission of an Idea, participation in or product. in no event include attorneys’ fees. the Challenge, acceptance or use or 12. General Conditions All issues and questions concerning the construction, validity, misuse of prize (including any travel or The Administrators and Treasury activity related thereto), and/or the interpretation, and enforceability of reserve the right to cancel, suspend, these Official Rules, or the rights and broadcast, transmission, performance, and/or modify the Challenge, or any exploitation or use of a Contestant’s obligations of the Contestant, the part of it, if any fraud, technical failures, Idea. Without limitation of the above, Administrators, or Treasury in or any other factor beyond the the Released Parties are not responsible connection with the Challenge, shall be Administrators’ or Treasury’s reasonable for: governed by and interpreted in i. Any incorrect or inaccurate control impairs the integrity or proper accordance with Federal law and not information, whether caused by functioning of the Challenge, as the law of any state or locality. To the Contestants, printing errors, or by any of determined by the Administrators and extent that a court looks to the laws of the equipment or programming Treasury. The Administrators and any state to determine or define the associated with or utilized in the Treasury reserve the right to disqualify Federal law, the Contestants, Challenge; any individual or Contestant it finds to Administrators, and Treasury agree that ii. Technical failures of any kind, be tampering with the entry process or such court shall look only to the laws including, but not limited to the operation of the Challenge or to be of the State of New York without regard malfunctions, interruptions, or acting in violation of these Official to the rules of conflicts of laws. disconnections in Internet lines or Rules or in an unsportsmanlike or Each of the Administrators, Treasury, network hardware or software; disruptive manner. Any attempt to and the Contestant agree that the courts iii. Unauthorized human intervention undermine the legitimate operation of in Washington, DC, are the exclusive in any part of the entry process or the the Challenge may be a violation of forum for resolving any disputes arising Challenge; criminal and civil law, and, should such out of or related to the Challenge. iv. Technical or human error that may an attempt be made, the Administrators occur in the administration of the and/or Treasury reserve the right to seek 14. Privacy Challenge or the processing of entries; damages from any such person to the Any personal information collected or fullest extent permitted by law. The from a visitor by registering or filling v. Any injury or damage to persons or Administrators’ and Treasury’s failure out the submission form through the property which may be caused, directly to enforce any term of these Official Competition Web site is used to
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facilitate the Challenge and respond to • Any parent company, subsidiary, or Administrators and Treasury, in their the registrant in matters regarding the other affiliate of any entity described sole discretion, set to Eastern Time, is registrant’s Ideas and/or the above; the official time-keeping device for this Competition only. Information is not • Any employee of the entities Challenge. collected for commercial marketing. described above (and their respective The approximate dates for the judging Please read the Challenge.gov Privacy parent companies, subsidiaries, and are between 08/13/2012 and 09/28/ Policy for complete information. other affiliates) and any member of such 2012. These dates are approximate and employee’s immediate family or are subject to change at the discretion of App Design Challenge Competition— household; the Administrators and Treasury. Table of Contents • Any individual involved with the design, production, promotion, 3. How To Enter; Submission 1. Eligibility Guidelines and Requirements 2. Challenge Period and Judging Period execution, or distribution of the 3. How to Enter; Submission Guidelines and Challenge and each member of any such How to register: To register, Requirement individual’s immediate family or Contestant must visit http:// 4. Intellectual Property Rights household; mymoneyappup.challenge.gov and 5. Display of Submissions • Any judge (as described in Section complete the registration form, or, if 6. Judges and Winner Selection 6), any member of a judge’s immediate already registered, follow the 7. Verification of Potential Winners family or household, and anyone who procedures to join this Challenge. The 8. Prizes and Award Ceremony otherwise has a familial or financial Contestant must complete all these steps 9. Entry Conditions and Release relationship with a judge; during the Challenge Period. 10. Publicity • Any entity or individual in whom 11. Administrators and the Treasury Registration is free. After the Contestant 12. General Conditions a judge has a personal or financial registers, the Contestant must verify the 13. Limitations of Liability interest or for whom a judge is an email address provided by the 14. Disputes employee, officer, director, or agent; Contestant via the registration email 15. Arbitration • Any company or individual that has sent to the email address entered in the 16. Privacy a material business relationship or registration form. Once registered, affiliation with any judge; 1. Eligibility Contestants will be able to enter app • Any employee of Treasury; design ideas that conform to the Eligible Individuals and Entities • Any Federal entity; and requirements set forth herein (each such • Any Federal employee acting app design idea, a ‘‘Submission’’). The Challenge is open only to: within the scope of his or her • Individuals who are U.S. citizens or Registration will be required to receive employment. updates on the Challenge. permanent residents of the fifty (50) For purposes hereof, (a) the members United States and its territories who are What to submit: To submit a of an individual’s immediate family Submission, a Contestant must fill out at least fourteen (14) years old at the include such individual’s spouse, time of entry; and the submission form on http:// children and step-children, parents and mymoneyappup.challenge.gov, agree to • Corporations (including not-for- step-parents, and siblings and step- these Official Rules and any other terms, profit corporations and other non-profit siblings, and (b) the members of an conditions, or policies that apply to the entities) or organizations that (i) are individual’s household include any Contestant’s use of the Challenge Web incorporated in the United States or its other person that shares the same site, and must provide the following territories, (ii) have been duly organized residence as such individual for at least items: and validly exist, and (iii) maintain a three (3) months out of the year. A written description of: primary place of business in the United By submitting an idea, Contestants D The idea for the app; States (such corporations or certify they meet these eligibility D How the app is innovative and organizations, ‘‘Organizations’’). requirements. If they become aware they contributes something new to the Individuals, Organizations, or teams may no longer meet any of the eligibility marketplace; must register to participate in the requirements of this section, Contestants D How the app would promote Challenge. Individuals may form teams agree to notify Administrators financial capability and/or financial (comprised solely of individuals) to immediately by email at access; enter the Challenge, provided that each [email protected]. D The feasibility of creating the app; member of a team must be The Challenge is subject to all D The potential for sustainability for independently eligible in accordance applicable Federal and state laws and the app; and with these eligibility requirements. regulations. Participation constitutes D An image or video describing the Individuals submitting on behalf of Contestant’s full and unconditional app. teams or Organizations must meet the agreement to these Official Rules and Submission Guidelines eligibility requirements for individual the Administrators and Treasury’s Contestants. An individual may join decisions, which are final and binding Integration of Data. Contestants are more than one team and/or in all matters related to the Challenge. encouraged to propose apps that Organization. Eligibility for a prize award is integrate data in ways that promote financial capability and financial access. Ineligible Individuals and Entities contingent upon fulfilling all requirements set forth in these Official Types of data include, but are not The following individuals and entities Rules. limited to: (1) the user’s own personal are not eligible to participate in the financial data, such as information on Challenge: 2. Challenge Period and Judging Period the balances and transactions in his or • The Administrators and any The Challenge submission period her existing financial accounts; and (2) advertising agency or other company or begins on 06/27/2012 at 12 a.m. EDT data on financial products and services. contractor involved with the design, and ends on 08/12/2012 at 11:59 p.m. Mobile formats. Submissions may be production, promotion, execution, or EDT (the ‘‘Challenge Period’’). A for any mobile format (e.g., distribution of the Challenge; computer specified by the downloadable app, mobile Web site,
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text messaging service, mobile-web activity; (vii) is otherwise indecent, in to the Contestant. Each Contestant hybrid) and type of mobile device (e.g., obvious bad taste, or demonstrates a grants to the Administrators, Treasury, tablet, smartphone, feature phone), or lack of respect for public morals or and their agents, a perpetual, royalty- any combination of these. conduct; or (viii) adversely affects the free, non-exclusive, worldwide license Public Display. All Submissions will reputation of Treasury or the with the right to sublicense under all of be made available to the public after the Administrators; the Contestant’s intellectual property close of the Challenge Period. • Must comply with the Terms of rights in and to each Submission Changes and Revisions. Contestants Participation of http:// submitted by the Contestant to use, copy may make changes or revisions to their mymoneyappup.challenge.gov and with for use, make derivative works of, Submissions until the close of the applicable law; and perform publicly, and display publicly, • Challenge Period, on 08/12/2012. Must be in the English language. for any non-commercial purpose. Submission Requirements: If the Administrators, Treasury, or Submissions must meet the below judges find any Submission to be 5. Display of Submissions requirements to be eligible for a prize: unacceptable based on these restrictions • Must be submitted during the or any other provisions in these Official Submissions will be posted on Challenge Period; Rules, then such Submission shall be http://mymoneyappup.challenge.gov • Must be designs for mobile apps deemed disqualified. The after the close of the Challenge Period that promote financial capability and/or Administrators, Treasury, or the judges after being screened by the financial access; may also prevent such a Submission Administrators to confirm that the • Must be original, be the work of the from being displayed on the Web site, Submission includes all of the required Contestant, and not violate the rights of or may remove such a Submission that items (see Section 3, ‘‘What to Submit’’). other parties; was already posted. All Contestants will have equal access • Must be made available free of Each Contestant (or if a team, then to Submissions posted on the Web site. charge to the public, such that anyone each member of the team) represents may use any of the ideas incorporated and warrants that he, she, or it is the 6. Judges and Winner Selection into the Submissions to create an app; sole author and owner of the Judges: A panel of judges will be • Must not contain any matter that in Submission, that the Submission is appointed by Treasury and the the sole discretion of the wholly original with the Contestant and Administrators. The individual judges Administrators, Treasury, or the judges: that it does not infringe, misappropriate, that comprise the judging panel may (i) Depicts hatred; (ii) defames or or otherwise violate any copyright, trade change at the discretion of the denigrates (or is derogatory towards) secret rights, or any other rights of any Administrators and Treasury. Judges any person or group of persons or any third party. race, ethnic group, or culture; (iii) have the right to withdraw from the threatens a specific community in 4. Intellectual Property Rights Challenge without advance notice in the society, including any specific race, Each Contestant acknowledges and event of extenuating circumstances ethnic group, or culture; (iv) is intended consents that the ideas contained in his beyond their control or as may be to or may reasonably incite violence; (v) or her Submissions may be used by any otherwise permitted by the contains vulgar or obscene language or third party (including but not limited to Administrators and Treasury. excessive violence; (vi) contains other Contestants) for any purpose Judging criteria: Contestants will be pornography, obscenity, or sexual whatsoever without any compensation judged according to the below criteria.
Criteria Factors
Innovativeness of the idea ...... • How innovative is this solution? Potential to expand financial capability • How significant is the potential impact on consumers? and/or financial access. • What is the potential for the app to enhance consumer financial capability and decision-making? (if applicable). • What is the potential for consumers to use the app to gain access to high quality financial products and services? (if applicable). • What is the potential for the app to help consumers adopt financial behaviors which will help them achieve their financial goals? (if applicable). • To what extent does the app incorporate data, such as personal account data or data on financial products, to promote financial capability and/or financial access? (if applicable). Feasibility ...... • How feasible would it be to create the app? • Can the design be implemented with available technology? Sustainability ...... • What is the potential for the app to attract users? • What is the potential for the app to have a sustainable business model?
Winner selection: The potential score each of the Finalist Submissions regarding their Submission (‘‘Oral winners whose Submissions are prior to the award ceremony Presentation’’). Each judge may, at his or selected as finalist Submissions (‘‘Preliminary Score’’). Each Finalist her discretion, revise the Preliminary (‘‘Finalists’’) will be notified as set forth who attends the award ceremony will be Score of a Submission by increasing or in Section 7 and invited to attend the allotted no longer than ten (10) minutes decreasing the Submission’s score in award ceremony described in Section 8. at the ceremony to (a) describe their light of the Finalist’s Oral Presentation. Up to eight (8) Submissions will be Submission, (b) explain how their The five (5) Contestants whose selected as Finalists. Treasury and the Submission satisfies the above- Submissions earn the highest overall Administrators reserve the right to mentioned criteria, and (c) respond to scores will win the prizes identified cancel the award ceremony. Judges will any questions that the judges may have below in Section 9. In the event of a tie,
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the winners will be selected by a final legal guardian to the ceremony. Finalists malfunctions, interruptions, or vote by the judges. who attend the ceremony will have an disconnections in Internet lines or opportunity to present their network hardware or software; 7. Verification of Potential Winners Submissions to the judges and answer iii. Unauthorized human intervention All Finalists are subject to questions posed by judges. The judges in any part of the entry process or the Verification by the Administrators and may, at their discretion, take such Challenge; Treasury Whose Decisions are Final and presentation and answers into account iv. Technical or human error which Binding in all Matters Related to the in judging the Submissions. The may occur in the administration of the Challenge. awarding of a prize is, however, not Challenge or the processing of entries; Finalists must continue to comply contingent upon a Finalist attending the or with all terms and conditions of these award ceremony. v. Any injury or damage to persons or Official Rules, and winning is property which may be caused, directly contingent upon fulfilling all 9. Entry Conditions, Release, and or indirectly, in whole or in part, from requirements. Finalists will be notified Indemnification Contestant’s participation in the by email after the date of the judging. By entering, each Contestant agrees to Challenge or receipt, use, or misuse of Each Finalist, or a Finalist’s parent/ each of the following: any prize. guardian if the Finalist is under (a) To comply with and be bound by (c) To indemnify, defend, and hold eighteen (18) years of age, will be these Official Rules and the decisions of harmless the Administrators and the required to sign and return to the the Administrators, Treasury, and/or the Federal government (including Administrators, within ten (10) calendar Challenge judges, which are binding Treasury) from and against any and all days of the date notice is sent, an and final in all matters relating to this claims, expenses, and liabilities Affidavit of Eligibility and Liability/ Challenge. (including reasonable attorneys’ fees) Publicity Release (except where (b) To release and hold harmless the arising out of or relating to a prohibited) to claim the prize. If a Administrators and the Federal Contestant’s participation in the Finalist cannot be contacted, fails to Government (including Treasury), and Challenge, submission of a Submission, sign and return the Affidavit of their respective parent, subsidiary, and and/or Contestant’s acceptance, use, or Eligibility and Liability/Publicity affiliated companies, offices, contractors misuse of a prize. Release within the required time period and subcontractors at any tier, Notwithstanding the foregoing, the (if applicable), or if the prize or prize suppliers, users, customers, cooperating waivers and releases set forth in this notification is returned as parties, grantees, investigators, Section 9 shall not apply (i) in the case undeliverable, the Finalist forfeits the detailees; the prize suppliers; and any of willful misconduct or (ii) for claims prize. If a Finalist is disqualified for any other organizations responsible for arising out of the unauthorized use or reason, the Administrators may award sponsoring, fulfilling, administering, disclosure by Treasury of the the applicable prize to an alternate advertising or promoting the Challenge; intellectual property, trade secrets, or winner who had the highest score of the and all of their respective past and confidential business information of the remaining eligible entries. present officers, directors, employees, Contestant. agents, and representatives (collectively, 8. Prizes and Award Ceremony the ‘‘Released Parties’’) from and against 10. Publicity Administrators shall pay prizes as any and all losses, damages, costs, Except where prohibited, follows. No prize will be paid from expenses, liability, and claims of any participation in the Challenge Federal funds, and Treasury is not kind, including but not limited to any constitutes a Finalist’s consent to the responsible for paying any prize winner. injury, death, damage, loss of property, Administrators’, the Treasury’s, and revenue, or profits, negligence, invasion their agents’ use of the Finalist’s name, Winner Prize Quantity of privacy (under appropriation, likeness, photograph, voice, opinions, intrusion, public disclosure of private and/or hometown and state for Grand Prize Winner .. $10,000 1 facts, false light in the public eye, or any Runners-Up ...... $5,000 2 promotional purposes in any media, Honorable Mention ... $2,500 2 other legal theory), defamation, slander, worldwide, without further payment or libel, violation of right of publicity, consideration. infringement of trademark, copyright or Award Ceremony other intellectual property rights, in 11. No Endorsement All Finalists will be invited to attend each case whether direct, indirect, or The Administrators and Treasury do an award ceremony, the details of which consequential, arising out of or relating not endorse any commercial enterprise will be announced at a later time. to a Contestant’s creation or submission or product. Treasury and the Administrators reserve of a Submission, participation in the 12. General Conditions the right to cancel the award ceremony, Challenge, acceptance or use or misuse in their sole discretion. The of prize (including any travel or activity The Administrators and Treasury Administrators, judges, members of related thereto), and/or the broadcast, reserve the right to cancel, suspend, Treasury staff, media representatives, transmission, performance, exploitation, and/or modify the Challenge, or any and other guests will also be invited to or use of a Contestant’s Submission. part of it, if any fraud, technical failures, attend. Travel to the event for all Without limitation of the above, the or any other factor beyond the Finalists will be reimbursed by the Released Parties are not responsible for: Administrators’ or Treasury’s reasonable Administrators in the amount of up to i. Any incorrect or inaccurate control impairs the integrity or proper five hundred U.S. dollars ($500) for information, whether caused by functioning of the Challenge, as individual Finalists and up to fifteen- Contestants, printing errors, or by any of determined by the Administrators and hundred U.S. dollars ($1,500) for the equipment or programming Treasury. The Administrators and Finalist teams (total, regardless of how associated with or utilized in the Treasury reserve the right to disqualify many individuals are on the team). Any Challenge; any individual or Contestant it finds to Finalist who is a minor must be ii. Technical failures of any kind, be tampering with the entry process or accompanied by his or her parent or including, but not limited to the operation of the Challenge or to be
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acting in violation of these Official facilitate the Challenge and respond to organizations on a worldwide basis, Rules or in an unsportsmanlike or the registrant in matters regarding the with the objective of denying their disruptive manner. Any attempt to registrant’s Submissions and/or the businesses and agents access to the U.S. undermine the legitimate operation of Competition only. Information is not financial system and the benefits of the Challenge may be a violation of collected for commercial marketing. trade and transactions involving U.S. criminal and civil law, and, should such Please read the Challenge.gov Privacy companies and individuals. an attempt be made, the Administrators Policy for complete information. The Kingpin Act blocks all property and/or the Treasury reserves the right to Authority: 15 U.S.C. 3719. and interests in property, subject to U.S. seek damages from any such person to jurisdiction, owned or controlled by the fullest extent permitted by law. The Dated: June 21, 2012. significant foreign narcotics traffickers Administrators’ or the Treasury’s failure Cyrus Amir-Mokri, as identified by the President. In to enforce any term of these Official Assistant Secretary for Financial Institutions, addition, the Secretary of the Treasury, Rules shall not constitute a waiver of Department of the Treasury. in consultation with the Attorney that provision. [FR Doc. 2012–15583 Filed 6–25–12; 8:45 am] General, the Director of the Central If for any reason a Contestant’s entry BILLING CODE 4810–25–P Intelligence Agency, the Director of the is confirmed to have been erroneously Federal Bureau of Investigation, the deleted, lost, or otherwise destroyed or Administrator of the Drug Enforcement corrupted, Contestant’s sole remedy is DEPARTMENT OF THE TREASURY Administration, the Secretary of another entry in the Challenge. No more Defense, the Secretary of State, and the than the stated number of prizes will be Office of Foreign Assets Control Secretary of Homeland Security may awarded. Additional Designations, Foreign designate and block the property and interests in property, subject to U.S. 13. Disputes; Governing Law; Choice of Narcotics Kingpin Designation Act jurisdiction, of persons who are found Forum AGENCY: Office of Foreign Assets to be: (1) Materially assisting in, or Contestant agrees that: Control, Treasury. providing financial or technological (a) Any and all disputes, claims and ACTION: Notice. support for or to, or providing goods or causes of action against the services in support of, the international Administrators arising out of or SUMMARY: The U.S. Department of the narcotics trafficking activities of a connected with this Challenge, or any Treasury ’s Office of Foreign Assets person designated pursuant to the prizes awarded, other than those Control (‘‘OFAC’’) is publishing the Kingpin Act; (2) owned, controlled, or concerning the administration of the names of 4 individuals and 2 entities) directed by, or acting for or on behalf of, Challenge or the determination of whose property and interests in a person designated pursuant to the winners, shall be resolved individually, property have been blocked pursuant to Kingpin Act; or (3) playing a significant without resort to any form of class the Foreign Narcotics Kingpin role in international narcotics action; and Designation Act (‘‘Kingpin Act’’) (21 trafficking. (b) Any and all claims, judgments and U.S.C. 1901–1908, 8 U.S.C. 1182). On June 20, 2012, the Director of awards shall be limited to actual DATES: The designation by the Director OFAC designated the following four damages and out-of-pocket costs of OFAC of the four individuals and individuals and two entities whose incurred, including costs associated three entities identified in this notice property and interests in property are with entering this Challenge, but shall pursuant to section 805(b) of the blocked pursuant to section 805(b) of in no event include attorneys’ fees. Kingpin Act is effective on June 20, the Kingpin Act. All issues and questions concerning 2012. the construction, validity, Individuals interpretation, and enforceability of FOR FURTHER INFORMATION CONTACT: 1. BARAKZAI, Shah Mohammad; these Official Rules, or the rights and Assistant Director, Sanctions DOB 01 Jan 1979; POB Nava, Lash obligations of the Contestant, the Compliance & Evaluation, Office of Kargah, Afghanistan; nationality Administrators, or Treasury in Foreign Assets Control, U.S. Department Afghanistan (individual) [SDNTK] connection with the Challenge, shall be of the Treasury, Washington, DC 20220, Linked To: NEW AHMADI LTD. governed by and interpreted in Tel: (202) 622–2490. 2. HADI, Abdul (a.k.a. ‘‘DOCTOR’’); accordance with Federal law and not SUPPLEMENTARY INFORMATION: DOB 01 Oct 1979; POB Nawzad District the law of any state or locality. To the Electronic and Facsimile Availability of Helmand Province; citizen extent that a court looks to the laws of Afghanistan (individual) [SDNTK]. any state to determine or define the This document and additional 3. MOHAMMAD, Haji Baz; DOB 12 Federal law, the Contestants, information concerning OFAC are Mar 1964; citizen Afghanistan Administrators, and Treasury agree that available on OFAC’s Web site at http:// (individual) [SDNTK]. such court shall look only to the laws www.treasury.gov/ofac or via facsimile 4. WALI, Mohammad; DOB 02 Dec of the State of New York without regard through a 24-hour fax-on-demand 1975; alt. DOB 02 Oct 1975; citizen to the rules of conflicts of laws. service at (202) 622–0077. Afghanistan (individual) [SDNTK] Each of the Administrators, Treasury Background Linked To: MOHAMMAD WALI and the Contestant agree that the courts MONEY EXCHANGE. in Washington, DC, are the exclusive The Kingpin Act became law on Entities forum for resolving any disputes arising December 3, 1999. The Kingpin Act out of or related to the Challenge. establishes a program targeting the 1. MOHAMMAD WALI MONEY activities of significant foreign narcotics EXCHANGE (a.k.a. NEW AHMADY 14. Privacy traffickers and their organizations on a LTD. KANDAHAR), Sarafi Market, Any personal information collected worldwide basis. It provides a statutory Fourth Floor, Shop #1, Kandahar, from a visitor by registering or filling framework for the imposition of Afghanistan [SDNTK]. out the submission form through the sanctions against significant foreign 2. NEW AHMADI LTD. (a.k.a. NEW Competition Web site is used to narcotics traffickers and their AHMADI COMPANY LTD; a.k.a. NEW
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AHMADY LTD), Sarafi Market, Shop FOR FURTHER INFORMATION CONTACT: respond to, a collection of information 48/49, Gereshk, Helmand, Afghanistan Assistant Director for Sanctions unless the collection of information [SDNTK]. Compliance & Evaluation, tel.: 202/622– displays a valid Office of Management Dated: June 20, 2012. 2490, Assistant Director for Licensing, and Budget (‘‘OMB’’) control number. tel.: 202/622–2480, Assistant Director Adam J. Szubin, Request for Comments for Policy, tel.: 202/622–4855, Office of Director, Office of Foreign Assets Control. Foreign Assets Control, or Chief Counsel Comments submitted in response to [FR Doc. 2012–15488 Filed 6–25–12; 8:45 am] (Foreign Assets Control), tel.: 202/622– this notice will be summarized and/or BILLING CODE 4811–AL–P 2410, Office of the General Counsel, included in the request for OMB Department of the Treasury (not toll free approval. All comments will become a numbers). matter of public record. Comments are DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: invited on: (a) Whether the collection of information is necessary for the proper Office of Foreign Assets Control Title: OFAC Application for the Release of Blocked Funds. performance of the functions of the Proposed Collection; Comment OMB Control Number: 1505–0170. agency, including whether the Request for Electronic License Abstract: Transactions prohibited information has practical utility; (b) the Application Form pursuant to the Trading With the Enemy accuracy of the agency’s estimate of the Act, 50 U.S.C. App. 1–44, the burden of the collection of information, AGENCY: Office of Foreign Assets International Emergency Economic including the validity of the Control, Treasury. Powers Act, 50 U.S.C. 1701 et seq., and methodology and assumptions used; (c) ACTION: Notice and request for other authorities may be authorized by ways to enhance the quality, utility, and comments. means of specific licenses issued by the clarity of the information to be Office of Foreign Assets Control collected; (d) ways to minimize the SUMMARY: The Department of the (‘‘OFAC’’). Such licenses are issued in burden of the collection of information Treasury, as part of its continuing effort response to applications submitted by on respondents, including through the to reduce paperwork and respondent persons whose property and interests in use of automated collection techniques burden, invites the general public and property have been blocked or who or other forms of information other Federal agencies to comment on wish to engage in transactions that technology; and (e) estimates of capital proposed and/or continuing information would otherwise be prohibited. The or start-up costs and costs of operation, collections, as required by the OFAC Application for the Release of maintenance, and purchase of services Paperwork Reduction Act of 1995, Blocked Funds, which provides a to provide information. Public Law 104–13 (44 U.S.C. standardized method of application for Dated: June 20, 2012. 3506(c)(2)(A)). Currently, the Office of all applicants seeking the unblocking of Dawn D. Wolfgang, Foreign Assets Control (‘‘OFAC’’) within funds, is available in electronic format Treasury PRA Clearance Officer. the Department of the Treasury is on OFAC’s Web site. Use of the form soliciting comments concerning OFAC’s greatly facilitates and speeds applicants’ [FR Doc. 2012–15494 Filed 6–25–12; 8:45 am] Electronic License Application Form submissions and OFAC’s processing of BILLING CODE 4811–25–P TD–F 90–22.54, which is referred to such applications. By obviating the need throughout this Notice as the ‘‘OFAC for applicants to write lengthy letters to DEPARTMENT OF THE TREASURY Application for the Release of Blocked OFAC, this form reduces the overall Funds.’’ burden of the application process. Since Office of Foreign Assets Control DATES: Written comments must be February 2000, use of the OFAC submitted on or before August 27, 2012 Application for the Release of Blocked Proposed Collection; Comment to be assured of consideration. Funds to apply for the unblocking of Request for Iranian Financial ADDRESSES: You may submit comments funds has been mandatory pursuant to Sanctions Regulations Report on by any of the following methods: a revision in OFAC’s regulations at 31 Closure by U.S. Financial Institutions Federal eRulemaking Portal: CFR § 501.801. See 65 FR 10707 of Correspondent Accounts and www.regulations.gov. February 29, 2000. Payable-Through Accounts Follow the instructions on the Web Current Actions: The OFAC Application for the Release of Blocked AGENCY: Office of Foreign Assets site for submitting comments. Control, Treasury. Fax: Attn: Request for Comments Funds is being revised to include a space for applicants to provide an email ACTION: Notice and request for (OFAC Application for the Release of comments. Blocked Funds) (202) 622–1657. address. Type of Review: Revision of a Mail: Attn: Request for Comments SUMMARY: The Department of the currently approved collection. (OFAC Application for the Release of Affected Public: Individuals/ Treasury, as part of its continuing effort Blocked Funds), Office of Foreign businesses and other for-profit to reduce paperwork and respondent Assets Control, Department of the institutions/banking institutions. burden, invites the general public and Treasury, 1500 Pennsylvania Avenue Estimated Number of Respondents: other Federal agencies to comment on NW., Washington, DC 20220. 3,000. proposed and/or continuing information Instructions: All submissions received Estimated Time per Respondent: 30 collections, as required by the must include the agency name and the minutes. Paperwork Reduction Act of 1995, Federal Register Doc. number that Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. appears at the end of this document. Hours: 1,500. 3506(c)(2)(A)). Currently, the Office of Comments received will be made The following paragraph applies to all Foreign Assets Control (‘‘OFAC’’) within available to the public via of the collections of information covered the Department of the Treasury is regulations.gov or upon request, without by this notice: soliciting comments concerning OFAC’s change and including any personal An agency may not conduct or Iranian Financial Sanctions Regulations information provided. sponsor, and a person is not required to Report on Closure by U.S. Financial
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Institutions of Correspondent Accounts financial institutions are complying information is necessary for the proper and Payable-Through Accounts. with prohibitions on maintaining performance of the functions of the DATES: Written comments must be correspondent accounts or payable- agency, including whether the submitted on or before August 27, 2012 through accounts for foreign financial information has practical utility; (b) the to be assured of consideration. institutions listed on the Part 561 List. accuracy of the agency’s estimate of the ADDRESSES: You may submit comments The reports will be reviewed by the U.S. burden of the collection of information, by any of the following methods: Department of the Treasury and may be including the validity of the Federal eRulemaking Portal: used for compliance and enforcement methodology and assumptions used; (c) www.regulations.gov. purposes by the agency. ways to enhance the quality, utility, and Follow the instructions on the Web Current Actions: There are no changes clarity of the information to be site for submitting comments. being made to the collection at this collected; (d) ways to minimize the Fax: Attn: Request for Comments time. burden of the collection of information (Iranian Financial Sanctions Regulations Type of Review: Extension of a on respondents, including through the Report on Closure by U.S. Financial currently approved collection. use of automated collection techniques Institutions of Correspondent Accounts Affected Public: U.S. financial or other forms of information and Payable-Through Accounts) (202) institutions operating correspondent or technology; and (e) estimates of capital 622–1657. payable-through accounts for foreign or start-up costs and costs of operation, Mail: Attn: Request for Comments financial institutions. maintenance, and purchase of services (Iranian Financial Sanctions Regulations Estimated Number of Respondents: to provide information. Because this collection of information is Report on Closure by U.S. Financial Dated: June 20, 2012. Institutions of Correspondent Accounts a report that must be filed when OFAC adds the name of a foreign financial Dawn D. Wolfgang, and Payable-Through Accounts), Office Treasury PRA Clearance Officer. of Foreign Assets Control, Department institution to the Part 561 List, OFAC [FR Doc. 2012–15495 Filed 6–25–12; 8:45 am] of the Treasury, 1500 Pennsylvania cannot predict the number of Avenue NW., Washington, DC 20220. respondents for the section 561.504(b) BILLING CODE 4811–25–P Instructions: All submissions received reporting requirement at this time. From the date this reporting requirement was must include the agency name and the DEPARTMENT OF THE TREASURY Federal Register Doc. number that added to the IFSR (February 27, 2012) through June 14, 2012, OFAC did not appears at the end of this document. Internal Revenue Service Comments received will be made add the name of a foreign financial available to the public via institution to the Part 561 List, and the Proposed Collection; Comment regulations.gov or upon request, without number of respondents to this collection Request for Form 6252 change and including any personal was therefore zero. For future information provided. submissions, OFAC will continue to AGENCY: Internal Revenue Service (IRS), report retrospectively on the number of Treasury. FOR FURTHER INFORMATION CONTACT: respondents during the previous ACTION: Assistant Director for Sanctions Notice and request for reporting period. comments. Compliance & Evaluation, tel.: 202/622– Estimated Time per Respondent: 2 2490, Assistant Director for Licensing, hours per response. SUMMARY: The Department of the tel.: 202/622–2480, Assistant Director Estimated Total Annual Burden Treasury, as part of its continuing effort for Policy, tel.: 202/622–4855, Office of Hours: Because the section 561.504(b) to reduce paperwork and respondent Foreign Assets Control, or Chief Counsel reporting requirement applies to those burden, invites the general public and (Foreign Assets Control), tel.: 202/622– U.S. financial institutions that operate other Federal agencies to take this 2410, Office of the General Counsel, correspondent or payable-through opportunity to comment on proposed Department of the Treasury (not toll free accounts for a foreign financial and/or continuing information numbers). institution whose name is added to the collections, as required by the SUPPLEMENTARY INFORMATION: Part 561 List, OFAC cannot predict the Paperwork Reduction Act of 1995, Title: Iranian Financial Sanctions response rate for the section 561.504(b) Public Law 104–13 (44 U.S.C. Regulations Report on Closure by U.S. reporting requirement at this time. For 3506(c)(2)(A)). Currently, the IRS is Financial Institutions of Correspondent future submissions, OFAC will report soliciting comments concerning Form Accounts and Payable-Through retrospectively on the response rate 6252, Installment State Income. Accounts. during the previous reporting period. DATES: Written comments should be OMB Control Number: 1505–0243. The following paragraph applies to all received on or before August 27, 2012 Abstract: Section 561.504(b) of the of the collections of information covered to be assured of consideration. Iranian Financial Sanctions Regulations, by this notice: ADDRESSES: Direct all written comments 31 CFR Part 561 (the ‘‘IFSR’’), specifies An agency may not conduct or to Yvette Lawrence, Internal Revenue that a U.S. financial institution that sponsor, and a person is not required to Service, room 6129, 1111 Constitution maintained a correspondent account or respond to, a collection of information Avenue NW., Washington, DC 20224. payable-through account for a foreign unless the collection of information FOR FURTHER INFORMATION CONTACT: financial institution whose name is displays a valid Office of Management Requests for additional information or added to the Part 561 List on OFAC’s and Budget (‘‘OMB’’) control number. Web site (www.treasury.gov/ofac) as copies of the form and instructions subject to a prohibition on the Request for Comments should be directed to R. Joseph Durbala, maintaining of such accounts must file Comments submitted in response to at (202) 622–3634, or at Internal a report with OFAC that provides full this notice will be summarized and/or Revenue Service, room 6129, 1111 details on the closing of each such included in the request for OMB Constitution Avenue NW., Washington, account within 30 days of the closure of approval. All comments will become a DC 20224, or through the Internet, at the account. This collection of matter of public record. Comments are [email protected]. information assists in verifying that U.S. invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION:
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Title: Installment Sale Income. Approved: June 5, 2012. to determine the qualifications and OMB Number: 1545–0228. Yvette Lawrence, eligibility of applicants for enrollment. Form Number: 6252. IRS Reports Clearance Officer. Form 23–EP is the application form for Abstract: Internal Revenue Code [FR Doc. 2012–15551 Filed 6–25–12; 8:45 am] Enrolled Retirement Plan Agents section 453 provides that if real or (ERPA’s). personal property is disposed of at a BILLING CODE 4830–01–P gain and at least one payment is to be Current Actions: There are no changes being made to the forms at this time. received in a tax year after the year of DEPARTMENT OF THE TREASURY sale, the income is to be reported in Type of Review: Extension of a installments, as payment is received. Internal Revenue Service currently approved collection. Form 6252 provides for the computation Affected Public: Individuals and the of income to be reported in the year of Proposed Collection; Comment Federal government. sale and in years after the year of sale. Request for Form 23 and Form 23–EP It also provides for the computation of Estimated Number of Respondents: AGENCY: Internal Revenue Service (IRS), installment sales between certain 4,800. Treasury. related parties required by Code section Estimated Time per Respondent: 15 ACTION: Notice and request for 453(e). minutes. Current Actions: There are no changes comments. being made to the form at this time. Estimated Total Annual Burden SUMMARY: Type of Review: Extension of a The Department of the Hours: 1,200. currently approved collection. Treasury, as part of its continuing effort The following paragraph applies to all to reduce paperwork and respondent Affected Public: Business of other for- of the collections of information covered burden, invites the general public and profit organizations, individuals or by this notice: households, and farms. other Federal agencies to take this An agency may not conduct or Estimated Number of Respondents: opportunity to comment on proposed 521,898. and/or continuing information sponsor, and a person is not required to Estimated Time per Respondent: 3 collections, as required by the respond to, a collection of information hrs., 4 minutes. Paperwork Reduction Act of 1995, unless the collection of information Estimated Total Annual Burden Public Law 104–13(44 U.S.C. displays a valid OMB control number. Hours: 1,597,008. 3506(c)(2)(A)). Currently, the IRS is Books or records relating to a collection The following paragraph applies to all soliciting comments concerning Form of information must be retained as long of the collections of information covered 23, Application for Enrollment to as their contents may become material by this notice: Practice Before the Internal Revenue in the administration of any internal An agency may not conduct or Service, and Form 23–EP, Application revenue law. Generally, tax returns and sponsor, and a person is not required to for Enrollment to Practice Before the tax return information are confidential, respond to, a collection of information Internal Revenue Service as an Enrolled as required by 26 U.S.C. 6103. unless the collection of information Retirement Plan Agent (ERPA). Request for Comments: Comments displays a valid OMB control number. DATES: Written comments should be submitted in response to this notice will Books or records relating to a collection received on or before August 27, 2012 be summarized and/or included in the of information must be retained as long to be assured of consideration. as their contents may become material request for OMB approval. All ADDRESSES: Direct all written comments comments will become a matter of in the administration of any internal to Yvette Lawrence, Internal Revenue revenue law. Generally, tax returns and public record. Comments are invited on: Service, room 6129, 1111 Constitution (a) Whether the collection of tax return information are confidential, Avenue NW., Washington, DC 20224. as required by 26 U.S.C. 6103. information is necessary for the proper Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: performance of the functions of the submitted in response to this notice will Requests for additional information or agency, including whether the be summarized and/or included in the copies of the form and instructions information shall have practical utility; should be directed to R. Joseph Durbala, request for OMB approval. All (b) the accuracy of the agency’s estimate at Internal Revenue Service, room 6129, comments will become a matter of of the burden of the collection of 1111 Constitution Avenue NW., public record. Comments are invited on: information; (c) ways to enhance the Washington, DC 20224, or at (202) 622– (a) Whether the collection of quality, utility, and clarity of the information is necessary for the proper 3634, or through the internet at [email protected]. information to be collected; (d) ways to performance of the functions of the minimize the burden of the collection of agency, including whether the SUPPLEMENTARY INFORMATION: information on respondents, including information shall have practical utility; Title: Application for Enrollment to through the use of automated collection (b) the accuracy of the agency’s estimate Practice Before the Internal Revenue techniques or other forms of information of the burden of the collection of Service. Application for Enrollment to technology; and (e) estimates of capital information; (c) ways to enhance the Practice Before the Internal Revenue or start-up costs and costs of operation, quality, utility, and clarity of the Service as an Enrolled Retirement Plan maintenance, and purchase of services information to be collected; (d) ways to Agent (ERPA). to provide information. minimize the burden of the collection of OMB Number: 1545–0950. information on respondents, including Form Number: Form 23 and Form 23– Approved: June 5, 2012. through the use of automated collection EP. Yvette Lawrence, techniques or other forms of information Abstract: Form 23 must be completed IRS Reports Clearance Officer. technology; and (e) estimates of capital by those who desire to be enrolled to [FR Doc. 2012–15552 Filed 6–25–12; 8:45 am] or start-up costs and costs of operation, practice before the Internal Revenue maintenance, and purchase of services Service. The information on the form BILLING CODE 4830–01–P to provide information. will be used by the Director of Practice
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DEPARTMENT OF THE TREASURY An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to received on or before August 27, 2012 Internal Revenue Service respond to, a collection of information to be assured of consideration. unless the collection of information ADDRESSES: Direct all written comments Proposed Collection; Comment displays a valid OMB control number. to Yvette Lawrence, Internal Revenue Request for Form 8594 Books or records relating to a collection Service, room 6129, 1111 Constitution AGENCY: Internal Revenue Service (IRS), of information must be retained as long Avenue NW., Washington, DC 20224. Treasury. as their contents may become material FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for in the administration of any internal Requests for additional information or comments. revenue law. Generally, tax returns and copies of the form and instructions tax return information are confidential, should be directed to Allan Hopkins, at SUMMARY: The Department of the as required by 26 U.S.C. 6103. (202) 622–6665, or at Internal Revenue Treasury, as part of its continuing effort Request for Comments: Comments Service, room 6129, 1111 Constitution to reduce paperwork and respondent submitted in response to this notice will Avenue NW., Washington, DC 20224, or burden, invites the general public and be summarized and/or included in the through the Internet, at other Federal agencies to take this request for OMB approval. All [email protected]. opportunity to comment on proposed comments will become a matter of and/or continuing information public record. Comments are invited on: SUPPLEMENTARY INFORMATION: collections, as required by the (a) Whether the collection of Title: Alternative Tax on Qualified Paperwork Reduction Act of 1995, information is necessary for the proper Shipping Activities. Public Law 104–13(44 U.S.C. performance of the functions of the OMB Number: 1545–1968. Form Number: Form 8902. 3506(c)(2)(A)). Currently, the IRS is agency, including whether the Abstract: Form 8902 is used to elect soliciting comments concerning Form information shall have practical utility; the alternative tax on national income 8594, Asset Acquisition Statement. (b) the accuracy of the agency’s estimate from qualifying shipping activities and DATES: Written comments should be of the burden of the collection of information; (c) ways to enhance the to figure the alternative tax. received on or before August 27, 2012 Current Actions: There are no changes to be assured of consideration. quality, utility, and clarity of the information to be collected; (d) ways to being made to the form at this time. ADDRESSES: Direct all written comments Type of Review: Extension of a minimize the burden of the collection of to Yvette Lawrence, Internal Revenue currently approved collection. information on respondents, including Service, room 6129, 1111 Constitution Affected Public: Businesses or other through the use of automated collection Avenue NW., Washington, DC 20224. for-profit institutions. techniques or other forms of information FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: technology; and (e) estimates of capital 200. Requests for additional information or or start-up costs and costs of operation, copies of the form and instructions Estimated Time per Respondent: 15 maintenance, and purchase of services hr., 17 min. should be directed to R. Joseph Durbala, to provide information. at (202) 622–3634, or at Internal Estimated Total Annual Burden Revenue Service, room 6516, 1111 Approved: June 5, 2012. Hours: 3,056 Constitution Avenue NW., Washington, Yvette Lawrence, The following paragraph applies to all DC 20224, or through the internet, at IRS Reports Clearance Officer. of the collections of information covered [email protected]. [FR Doc. 2012–15553 Filed 6–25–12; 8:45 am] by this notice: An agency may not conduct or SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P sponsor, and a person is not required to Title: Asset Acquisition Statement. respond to, a collection of information OMB Number: 1545–1021. Form Number: 8594. DEPARTMENT OF THE TREASURY unless the collection of information Abstract: Internal Revenue Code displays a valid OMB control number. Internal Revenue Service section 1060 requires reporting to the Books or records relating to a collection IRS by the buyer and seller of the total of information must be retained as long Proposed Collection; Comment as their contents may become material consideration paid for assets in an Request for Form 8902 applicable asset acquisition. The in the administration of any internal information required to be reported AGENCY: Internal Revenue Service (IRS), revenue law. Generally, tax returns and includes the amount allocated to Treasury. tax return information are confidential, goodwill or going concern value. Form ACTION: Notice and request for as required by 26 U.S.C. 6103. 8594 is used to report this information. comments. Request for Comments: Comments Current Actions: There are no changes submitted in response to this notice will being made to Form 8594 at this time. SUMMARY: The Department of the be summarized and/or included in the Type of Review: Extension of a Treasury, as part of its continuing effort request for OMB approval. All currently approved collection. to reduce paperwork and respondent comments will become a matter of Affected Public: Business or other for- burden, invites the general public and public record. Comments are invited on: profit organizations and individuals. other Federal agencies to take this (a) Whether the collection of Estimated Number of Respondents: opportunity to comment on proposed information is necessary for the proper 13,200. and/or continuing information performance of the functions of the Estimated Time per Respondent: 16 collections, as required by the agency, including whether the hrs., 28 minutes. Paperwork Reduction Act of 1995, information shall have practical utility; Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. (b) the accuracy of the agency’s estimate Hours: 217,272 3506(c)(2)(A)). Currently, the IRS is of the burden of the collection of The following paragraph applies to all soliciting comments concerning Form information; (c) ways to enhance the of the collections of information covered 8902, Alternative Tax on Qualifying quality, utility, and clarity of the by this notice: Shipping Activities. information to be collected; (d) ways to
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minimize the burden of the collection of ADDRESSES: Direct all written comments An agency may not conduct or information on respondents, including to Yvette B. Lawrence, Internal Revenue sponsor, and a person is not required to through the use of automated collection Service, Room 6129, 1111 Constitution respond to, a collection of information techniques or other forms of information Avenue NW., Washington, DC 20224. unless the collection of information technology; and (e) estimates of capital FOR FURTHER INFORMATION CONTACT: displays a valid OMB control number. or start-up costs and costs of operation, Requests for additional information or Books or records relating to a collection maintenance, and purchase of services copies of the form and instructions of information must be retained as long to provide information. should be directed to Elaine Christophe, as their contents may become material Approved: June 19, 2012. (202) 622–3179, Internal Revenue in the administration of any internal Allan Hopkins, Service, Room 6129, 1111 Constitution revenue law. Generally, tax returns and Tax Analyst. Avenue NW., Washington, DC 20224, or tax return information are confidential, [FR Doc. 2012–15555 Filed 6–25–12; 8:45 am] through the internet at as required by 26 U.S.C. 6103. [email protected]. BILLING CODE 4830–01–P Request for Comments: Comments SUPPLEMENTARY INFORMATION: submitted in response to this notice will Title: United States Account be summarized and/or included in the DEPARTMENT OF THE TREASURY Reporting. request for OMB approval. All OMB Number: 1545–XXXX. Internal Revenue Service comments will become a matter of Form Number: 1099–U. public record. Comments are invited on: Proposed Collection; Comment Abstract: Internal Revenue Codes (a) Whether the collection of Request for Form 1099–U. Section 1471(c)(1)(A) and Section information is necessary for the proper 1472(b)(3) require information reporting performance of the functions of the AGENCY: Internal Revenue Service (IRS), by foreign financial institutions (FFI) agency, including whether the Treasury. and non-foreign financial entities information shall have practical utility; ACTION: Notice and request for (NFFE) with respect to U.S. accounts. (b) the accuracy of the agency’s estimate comments. Form 1099–U is used to improve monitoring and tax compliance of U.S. of the burden of the collection of SUMMARY: The Department of the Citizens, and Residents with an interest information; (c) ways to enhance the Treasury, as part of its continuing effort in a foreign financial account. quality, utility, and clarity of the to reduce paperwork and respondent Current Actions: Requesting new information to be collected; (d) ways to burden, invites the general public and OMB Control Number. minimize the burden of the collection of other Federal agencies to take this Type of Review: Approval for new information on respondents, including opportunity to comment on proposed information collection. through the use of automated collection and/or continuing information Affected Public: Individuals or techniques or other forms of information collections, as required by the households, Business or other for-profit technology; and (e) estimates of capital Paperwork Reduction Act of 1995, organizations. or start-up costs and costs of operation, Public Law 104–13 (44 U.S.C. Estimated Number of Responses: maintenance, and purchase of services 3506(c)(2)(A)). Currently, the IRS is 336,205. to provide information. soliciting comments concerning Form Estimated Time per Response: 19 min. Approved: June 19, 2012. 1099–U, United States Account Estimated Total Annual Burden Reporting. Hours: 110,948. Yvette B. Lawrence, DATES: Written comments should be The following paragraph applies to all IRS Reports Clearance Officer. received on or before August 27, 2012 of the collections of information covered [FR Doc. 2012–15556 Filed 6–25–12; 8:45 am] to be assured of consideration. by this notice: BILLING CODE 4830–01–P
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Part II
Department of the Treasury
Internal Revenue Service 26 CFR Part 1 Additional Requirements for Charitable Hospitals; Proposed Rule
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DEPARTMENT OF THE TREASURY Treasury, Office of Information and Background Regulatory Affairs, Washington, DC The Patient Protection and Affordable Internal Revenue Service 20503, with copies to the Internal Care Act, Public Law 111–148 (124 Stat. Revenue Service, Attn: IRS Reports 119 (2010)) (the Affordable Care Act), 26 CFR Part 1 Clearance Officer, enacted section 501(r) of the Code, [REG–130266–11] SE:W:CAR:MP:T:T:SP, Washington, DC which adds requirements for hospital 20224. Comments on the collection of RIN 1545–BK57 organizations that are (or seek to be) information should be received by recognized as described in section August 27, 2012. Comments are Additional Requirements for Charitable 501(c)(3). Section 501(r)(1) of the Code specifically requested concerning: states that an organization described in Hospitals Whether the proposed collection of section 501(r)(2) (a hospital information is necessary for the proper AGENCY: Internal Revenue Service (IRS), organization) will not be treated as performance of the functions of the Treasury. described in section 501(c)(3) unless the Internal Revenue Service, including ACTION: Notice of proposed rulemaking. organization meets the requirements whether the information will have described in section 501(r)(3) through SUMMARY: This document contains practical utility; 501(r)(6). The Affordable Care Act did proposed regulations that provide The accuracy of the estimated burden not otherwise affect the substantive guidance regarding the requirements for associated with the proposed collection standards for tax exemption that charitable hospital organizations of information; hospital organizations are required to relating to financial assistance and How the quality, utility, and clarity of meet under section 501(c)(3). emergency medical care policies, the information to be collected may be Section 501(r)(2)(A) defines a hospital charges for certain care provided to enhanced; organization as: (i) An organization that individuals eligible for financial How the burden of complying with operates a facility required by a state to assistance, and billing and collections. the proposed collection of information be licensed, registered, or similarly The regulations reflect changes to the may be minimized, including through recognized as a hospital; and (ii) any law made by the Patient Protection and forms of information technology; and other organization that the Secretary Affordable Care Act of 2010. The Estimates of capital or start-up costs determines has the provision of hospital regulations will affect charitable and costs of operation, maintenance, care as its principal function or purpose hospital organizations. and purchase of services to provide constituting the basis for its exemption DATES: Comments and requests for a information. The collection of information in the under section 501(c)(3). public hearing must be received by Section 501(r)(2)(B)(i) requires a September 24, 2012. proposed regulations is in §§ 1.501(r)–4 and 501(r)–6(c). The collection of hospital organization that operates more ADDRESSES: Send submissions to: information flows from section 501(r)(4) than one hospital facility to meet the CC:PA:LPD:PR (REG–130266–11), room of the Internal Revenue Code (Code), requirements of section 501(r) 5203, Internal Revenue Service, P.O. which requires hospital organizations to separately with respect to each hospital Box 7604, Ben Franklin Station, establish a written financial assistance facility. Section 501(r)(2)(B)(ii) provides Washington, DC 20044. Submissions policy and a written policy related to that a hospital organization will not be may be hand-delivered Monday through care for emergency medical conditions, treated as described in section 501(c)(3) Friday between the hours of 8 a.m. and and section 501(r)(6), which requires a with respect to any hospital facility for 4 p.m. to CC:PA:LPD:PR (REG–130266– hospital organization to make which the requirements of section 501(r) 11), Courier’s Desk, Internal Revenue reasonable efforts to determine whether are not separately met. Service, 1111 Constitution Avenue NW., an individual is eligible for assistance Community Health Needs Assessments Washington, DC, or sent electronically under a financial assistance policy via the Federal eRulemaking Portal at before engaging in extraordinary Section 501(r)(3) requires a hospital http://www.regulations.gov (IRS REG– collection actions against that organization to conduct a community 130266–11). individual. The expected recordkeepers health needs assessment (CHNA) at least FOR FURTHER INFORMATION CONTACT: are hospital organizations described in once every three years and adopt an Concerning the proposed regulations, sections 501(c)(3) and 501(r)(2). implementation strategy to meet the Amber L. Mackenzie or Preston J. Estimated number of recordkeepers: community health needs identified Quesenberry at (202) 622–6070; 3,377. through the CHNA. The CHNA must concerning submissions of comments Estimated average annual burden take into account input from persons and requests for a public hearing, hours per recordkeeper: 11.5 hours. who represent the broad interests of the Oluwafunmilayo Taylor at (202) 622– Estimated total annual recordkeeping community served by the hospital 7180 (not toll-free numbers). burden: 38,836. facility, including those with special SUPPLEMENTARY INFORMATION: An agency may not conduct or knowledge of or expertise in public sponsor, and a person is not required to health. In addition, the CHNA must be Paperwork Reduction Act respond to, a collection of information made widely available to the public. The collection of information unless it displays a valid control Financial Assistance Policy and contained in this notice of proposed number assigned by the Office of Emergency Medical Care Policy rulemaking has been submitted to the Management and Budget. Office of Management and Budget for Books or records relating to a Section 501(r)(4) requires a hospital review and approval under 1545–0047, collection of information must be organization to establish a written in accordance with the Paperwork retained as long as their contents may financial assistance policy (FAP) and a Reduction Act of 1995 (44 U.S.C. become material in the administration written policy relating to emergency 3507(d)). Comments on the collection of of any internal revenue law. Generally, medical care. information should be sent to the Office tax returns and return information are The FAP must include: (1) Eligibility of Management and Budget, Attn: Desk confidential, as required by 26 U.S.C. criteria for financial assistance, and Officer for the Department of the 6103. whether such assistance includes free or
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discounted care; (2) the basis for regulations to be proposed under first billing statement. Although a calculating amounts charged to patients; section 501(r) and solicited comments hospital facility may undertake (3) the method for applying for financial from the public. The comment period extraordinary collection actions after assistance; (4) in the case of an for Notice 2011–52 closed on September this 120-day notification period, a organization that does not have a 23, 2011. The Treasury Department and hospital facility that has not determined separate billing and collections policy, the IRS received more than 80 whether an individual is FAP-eligible the actions the hospital organization comments in response to Notice 2011– must still accept and process a FAP may take in the event of nonpayment; 52. application from the individual for an and (5) measures to widely publicize the Hospital organizations may rely on additional 120 days. Accordingly, the FAP within the community to be served the guidance in Notice 2011–52 with total period during which a hospital by the hospital organization. respect to any CHNA made widely facility must accept and process FAP The emergency medical care policy available to the public, and any applications is 240 days from the date must require the hospital organization implementation strategy adopted, on or of the first billing statement. If a to provide, without discrimination, care before the date that is six months after hospital facility receives a FAP for emergency medical conditions the date further guidance regarding the application during the application (within the meaning of the Emergency CHNA requirements is issued. period, it must suspend any ECAs it has Medical Treatment and Labor Act Explanation of Provisions started until it has processed the (EMTALA), section 1867 of the Social application and, if it determines the Security Act (42 U.S.C. 1395dd)) to These proposed regulations provide individual is FAP-eligible, must seek to individuals regardless of their eligibility guidance on the requirements described reverse the ECAs and promptly refund under the organization’s FAP. in section 501(r)(4) through 501(r)(6) of any overpaid amounts. While debts may the Code. Sections 501(r)(4), 501(r)(5), be referred to third parties to assist with Limitation on Charges and 501(r)(6) all relate to a hospital collection actions at any time, including Section 501(r)(5)(A) requires a facility’s FAP or to individuals who are, during the initial 120-day notification hospital organization to limit amounts or may be, FAP-eligible. The proposed period, they may not be sold to third charged for emergency or other regulations under section 501(r)(4) parties during the notification period medically necessary care provided to describe the information that a hospital unless and until an eligibility individuals eligible for assistance under facility must include in its FAP and the determination has been made. the organization’s FAP (FAP-eligible methods a hospital facility must use to These proposed regulations also individuals) to not more than the widely publicize its FAP. They also provide guidance on which entities amounts generally billed to individuals describe what a hospital facility must must meet the requirements described who have insurance covering such care include in its emergency medical care in section 501(r)(4) through 501(r)(6). In (AGB). Section 501(r)(5)(B) prohibits the policy. The proposed regulations under particular, the proposed regulations use of gross charges. section 501(r)(5) describe how a hospital contain a definitions section that facility determines the maximum defines ‘‘hospital organization,’’ Billing and Collections amounts (that is, the amounts generally ‘‘hospital facility,’’ and other key terms Section 501(r)(6) requires a hospital billed to individuals who have used in the regulations. organization to make reasonable efforts insurance coverage, or AGB) it can In crafting proposed regulations to to determine whether an individual is charge FAP-eligible individuals for implement these interrelated statutory FAP-eligible before engaging in emergency and other medically provisions, the Treasury Department extraordinary collection actions (ECAs) necessary care. In the case of an and the IRS sought to ensure that against the individual. individual who is FAP-eligible but has patients who may require financial not applied for financial assistance at assistance—and the patient advocacy Notice 2010–39 the time charges are made, the proposed groups that assist them—will have In June 2010, the Department of regulations provide that a hospital access to the information about a Treasury (Treasury Department) and the facility will not fail to satisfy section hospital facility’s FAP that the patients Internal Revenue Service (IRS) issued 501(r)(5) if it charges the individual need in order to effectively seek Notice 2010–39 (2010–24 IRB 756 (May more than AGB, provided the hospital financial assistance under the FAP. The 27, 2010)), which solicited comments facility is complying with all the Treasury Department and the IRS also regarding the application of the requirements regarding notifying sought to preserve hospital facilities’ additional requirements imposed by individuals about the FAP and flexibility to determine the best way to section 501(r). The Treasury Department responding to applications submitted, meet the particular health needs of the and the IRS received approximately 125 including correcting the amount specific communities they serve. comments in response to Notice 2010– charged and seeking to reverse any ECA Neither the statute nor these proposed 39. The principal comments considered previously initiated if an individual is regulations establish specific eligibility in drafting these proposed regulations later found to be FAP-eligible. criteria that a FAP must contain. are discussed in this preamble under The proposed regulations under Moreover, aside from prohibiting Explanation of Provisions. section 501(r)(6) describe the actions hospital facilities from charging FAP- that are considered ‘‘extraordinary eligible individuals more than AGB, Notice 2011–52 collection actions’’ and the ‘‘reasonable neither the statute nor the proposed In July 2011, the Treasury Department efforts’’ a hospital facility must make to regulations dictate the amounts or kinds and the IRS issued Notice 2011–52 determine FAP-eligibility before of financial assistance that a FAP must (2011–30 IRB 60 (July 8, 2011)), which engaging in such actions. In general, to provide. addressed the CHNA requirements have made reasonable efforts under the As discussed further in this described in section 501(r)(3). Notice proposed regulations, a hospital facility Explanation of Provisions, these 2011–52 described specific provisions must determine whether an individual proposed regulations do not provide related to the CHNA requirements that is FAP-eligible or provide required guidance on the CHNA requirements the Treasury Department and the IRS notices during a notification period described in section 501(r)(3) or on the anticipate will be included in ending 120 days after the date of the consequences described in sections
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501(r)(1) and 501(r)(2)(B) for failing to categories of organizations or facilities are considering the comments received satisfy the section 501(r) requirements. will apply only prospectively, after an in response to Notice 2011–52 regarding The Treasury Department and the IRS opportunity for notice and comment. the operation of hospital facilities intend to issue additional proposed Prior to the effective date of any such through partnerships and will address regulations addressing the CHNA future regulations, only organizations this issue in separate guidance. requirements and the consequences for operating a facility required by a state to e. Government Hospital Organizations failing to satisfy the section 501(r) be licensed, registered, or similarly requirements and responding to the recognized as a hospital will be A number of commenters requested comments received in response to considered ‘‘hospital organizations’’ that that the Treasury Department and the Notice 2011–52. must satisfy the requirements under IRS provide an exception from the section 501(r). requirements imposed by section 501(r) 1. Hospital Facilities and Organizations c. Hospital Facilities Located Outside of for certain government hospital a. Hospital Facilities the United States organizations. For example, some Because section 501(r)(2)(B) requires a commenters suggested that the A number of commenters asked requirements of section 501(r) should hospital organization to satisfy the whether section 501(r) will apply to an requirements of section 501(r) not apply to a hospital organization that organization as a result of its operating excludes its income from gross income separately with respect to each hospital a hospital facility located outside of the facility it operates, a number of under section 115 but has nonetheless United States. The proposed regulations applied for and received recognition as commenters requested a definition of provide that, for purposes of ‘‘hospital facility.’’ In accordance with an organization described in section determining whether a facility is 501(c)(3). Other commenters suggested section 501(r)(2)(A)(i), the proposed required by a state to be licensed, regulations define a hospital facility as that the section 501(r) requirements registered, or similarly recognized as a should not apply to any hospital a facility that is required by a state to hospital, the term ‘‘state’’ includes only be licensed, registered, or similarly organization that is a governmental unit the 50 states and the District of or an affiliate of a governmental unit as recognized as a hospital. Except as Columbia, and not any U.S. territory or described in Rev. Proc. 95–48 (1995–2 otherwise provided in future published foreign country. As a result, a facility CB 418) (relieving such organizations guidance, a hospital organization may located outside of the United States will from the annual filing requirement treat multiple buildings operated under not be considered a hospital facility under section 6033). a single state license as a single hospital under these proposed regulations. Thus, facility. Future published guidance also pending any future guidance regarding The statutory language of section will address whether a hospital other categories of hospital 501(r) applies to all hospital organization’s operations in a single organizations or facilities, a hospital organizations that are (or seek to be) building under more than one state organization operating a facility located recognized as described in section license are treated as one or multiple outside of the United States that is not 501(c)(3). Section 501(r) does not hospital facilities. required to be licensed by any State will explicitly address government hospital The proposed regulations refer to not be required to meet the section organizations, nor does it include a hospital facilities taking certain actions. 501(r) requirements with respect to that specific exception for government Such references are intended to include facility and an organization will not be hospital organizations. Accordingly, as instances in which the hospital considered a hospital organization as a indicated in Notice 2011–52, the organization operating the hospital result of operating such a facility. Treasury Department and the IRS intend facility takes action through, or on to apply section 501(r) to every hospital behalf of, the hospital facility. d. Operating Hospital Facilities Through organization that has been recognized Partnerships or Disregarded Entities (or seeks recognition) as an organization b. Hospital Organizations Notice 2011–52 notes that the described in section 501(c)(3). As a In accordance with section Treasury Department and the IRS intend result, the proposed regulations do not 501(r)(2)(A)(i), the proposed regulations to include within the definition of contain any exceptions or special rules provide that a hospital organization ‘‘hospital organization’’ any for government hospital organizations includes any organization recognized organization described in section and are intended to apply to any (or seeking to be recognized) as 501(c)(3) that operates a hospital facility government hospital organization described in section 501(c)(3) that through a disregarded entity, or a joint recognized as described in section operates one or more hospital facilities. venture, limited liability company, or 501(c)(3). However, in recognition of the Section 501(r)(2)(A)(ii) provides that a other entity treated as a partnership for unique position of government hospital organization also includes any federal tax purposes. Notice 2011–52 hospitals, the Treasury Department and other organization that the Secretary also requested comments regarding the IRS request comments regarding determines has the provision of hospital whether (or under what circumstances) alternative methods a government care as its principal function or purpose an organization should not be hospital may use to satisfy the constituting the basis for its exemption considered to ‘‘operate’’ a hospital requirements of section 501(r)(4) under section 501(c)(3). These proposed facility for purposes of section 501(r) as through 501(r)(6). regulations do not include a a result of its owning a small interest 2. Failures To Satisfy the Requirements determination that any other categories (other than a general partner or similar of Section 501(r) of organizations or facilities have the interest) in an entity treated as a provision of hospital care as their partnership for federal tax purposes that Numerous commenters requested principal function or purpose, but operates the hospital facility. guidance on the consequences of failing comments are requested regarding The proposed regulations provide that to meet one or more of the requirements whether additional organizations should a hospital organization includes any of section 501(r). The Treasury be included. Moreover, the Treasury organization that operates a hospital Department and the IRS are continuing Department and the IRS intend that any facility through a disregarded entity. to consider comments regarding the future regulations regarding any such The Treasury Department and the IRS consequences of failing to meet the
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requirements of section 501(r) and will proposed regulations otherwise permit a not more than the amounts generally address this issue in separate guidance. hospital facility to widely publicize its billed to individuals who have FAP using summaries that do not insurance covering such care (AGB), the 3. Community Health Needs contain all of the information in the proposed regulations require the FAP to Assessments FAP. In addition, the Treasury state that following a determination of As described in the Background Department and the IRS recognize that FAP-eligibility, an individual will not section of this preamble, the comment certain details related to the FAP are be charged more than AGB for period for Notice 2011–52, which likely to change regularly and that it emergency or other medically necessary solicited comments on anticipated may be inefficient in certain care. regulatory provisions regarding the circumstances for a hospital facility to The FAP must also state which of the CHNA requirements, closed on have to update its FAP to reflect every permitted methods (described in the September 23, 2011. The Treasury such change. As a result, the proposed section of this preamble on Limitation Department and the IRS are considering regulations give hospital facilities the on Charges) the hospital facility uses to the comments received in response to option of providing certain information determine AGB. Finally, if applicable, Notice 2011–52 and will address the separately from the FAP, as long as the the FAP must either state the CHNA requirements in separate FAP explains how members of the percentage(s) of gross charges the guidance. Accordingly, these proposed public can readily obtain this hospital facility applies to determine regulations do not provide further information free of charge on a Web site AGB (the AGB percentage(s)) and how guidance regarding the CHNA and in writing. these AGB percentage(s) were calculated requirements. Hospital organizations or explain how members of the public i. Eligibility Criteria and Basis for may continue to rely on the anticipated may readily obtain this information in Calculating Amounts Charged to regulatory provisions described in writing and free of charge. Patients Notice 2011–52 with respect to any A few commenters noted that section ii. Method for Applying for Financial CHNA made widely available to the Assistance public, and any implementation strategy 501(r)(4) does not appear to mandate adopted, until six months after the date that FAPs contain any particular Section 501(r)(4)(A)(iii) requires a further guidance regarding the CHNA eligibility criteria and asked that hospital facility’s FAP to include the requirements is issued. hospital facilities be given the flexibility method for applying for financial to develop FAP eligibility criteria that assistance under the FAP. Accordingly, 4. Financial Assistance Policies and respond to local needs. Other the proposed regulations require a Emergency Medical Care Policies commenters asked the Treasury hospital facility’s FAP to describe how In accordance with the statute, the Department and the IRS to require all an individual may apply for financial proposed regulations require hospital FAPs to include certain minimum assistance under the FAP. In addition, organizations to establish written FAPs eligibility criteria. either the hospital facility’s FAP or FAP as well as written emergency medical Consistent with the statute, the application form (including care policies. proposed regulations do not mandate accompanying instructions) must any particular eligibility criteria and describe the information or a. Financial Assistance Policies require only that a FAP specify the documentation the hospital facility may The proposed regulations provide that financial assistance, including all require an individual to submit as part a hospital organization meets the discounts and free care, available under of his or her FAP application and requirements of section 501(r)(4)(A) the FAP and all of the specific eligibility provide certain contact information that with respect to a hospital facility it criteria that an individual must satisfy an individual can use to obtain operates if the hospital organization to receive each such discount, free care, assistance with the FAP application establishes for that hospital facility a or other level of assistance. If process. Financial assistance may not be written FAP that applies to, at a applicable, a FAP must also specify the denied based on the omission of minimum, all emergency and other amounts, such as gross charges, to information or documentation if such medically necessary care provided by which any discount percentages information or documentation is not the hospital facility. specified in the FAP will be applied. specifically required by the FAP or FAP In general, a hospital facility’s FAP At least one commenter application form. must include: (1) Eligibility criteria for recommended that hospital facilities be financial assistance, and whether such required to consult with members of the iii. Actions That May Be Taken in the assistance includes free or discounted community, including representatives of Event of Nonpayment care; (2) the basis for calculating vulnerable or disadvantaged community Section 501(r)(4)(A)(iv) requires a amounts charged to patients; (3) the members, as they develop or revise their hospital facility that does not have a method for applying for financial FAPs. Although the proposed separate billing and collections policy to assistance; (4) in the case of an regulations do not include such a describe in the FAP the actions the organization that does not have a requirement, the Treasury Department hospital facility may take in the event of separate billing and collections policy, and the IRS are considering the nonpayment. The statute does not the actions the organization may take in potential link between the needs of a define what it means for a hospital the event of nonpayment; and (5) hospital facility’s community, as facility to have a separate billing and measures to widely publicize the FAP determined through the hospital collections policy. The Treasury within the community served by the facility’s most recent CHNA, and a Department and the IRS propose to hospital facility. hospital facility’s FAP. Comments are define the term ‘‘billing and collections While the FAP itself must generally requested on this issue. policy’’ as a separate written policy that include each of these items of In addition, because section describes the actions a hospital facility information and must be made available 501(r)(5)(A) requires a hospital facility may take in the event of nonpayment in on a Web site and without charge upon to limit amounts charged for emergency a manner that would be sufficient to request in public locations in the or other medically necessary care satisfy section 501(r)(4)(A)(iv) if the hospital facility and by mail, the provided to FAP-eligible individuals to hospital facility had chosen to include
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the description in its FAP. The Treasury following specific measures to widely language of any populations with Department and the IRS also propose to publicize a FAP: limited proficiency in English that define the term ‘‘actions a hospital • Posting information on the hospital constitute more than 10 percent of the organization may take in the event of facility’s Web site; residents of the community served by nonpayment’’ to include any • Distributing information at the the hospital facility. A similar 10 extraordinary collection actions hospital facility’s patient access points; percent threshold is used in certain state described in section 501(r)(6) that a • Notifying patients upon admission; laws requiring notification about hospital organization may take only • Distributing information with financial assistance, as well as certain after making reasonable efforts to discharge materials; federal regulations requiring notices or determine whether an individual is • Posting information conspicuously summaries to be issued in non-English FAP-eligible. in public areas of the hospital facility languages. See, for example, 26 CFR Accordingly, to implement the (including admissions areas, emergency 54.9815–2719T(e)(3); 29 CFR 2520.102– requirement under section rooms, waiting rooms, billing offices, 2(c)(2); 45 CFR 147.136(e)(3). 501(r)(4)(A)(iv), the proposed outpatient reception areas, etc.); Second, the FAP must include regulations require either the FAP, or a • Including information with or on measures the hospital facility will take separate written billing and collections billing statements; to inform and notify visitors to the policy, to describe the actions that the • Mentioning the FAP when hospital facility about the FAP through hospital facility (or other authorized discussing an individual’s bill over the a conspicuous public display or other party) may take related to obtaining telephone; measure(s) reasonably calculated to payment of a bill for medical care • Making the FAP available for public attract the attention of visitors to the provided by the facility, including, but inspection and/or copying without hospital facility. Such measures could not limited to, any extraordinary charge at the hospital facility’s include, for example, conspicuously collection actions described in section principal, regional, and district offices posting signs and displaying brochures 501(r)(6). Either the FAP or billing and during regular business hours; that provide basic information about the collections policy must also describe the • Publicizing the FAP to physicians FAP in public locations in the hospital process and time frames the hospital and community health centers in the facility. facility (or other authorized party) will community; Third, the FAP must include use in taking these actions, including • Including information regarding the measures the hospital facility will take any reasonable efforts to determine FAP in hospital newsletters or to inform and notify members of the whether an individual is FAP-eligible magazines; community served by the hospital described in section 501(r)(6). In • Including information regarding the facility about the FAP in a manner addition, the FAP or billing and FAP in appropriate reports filed with reasonably calculated to reach those collections policy must describe the state governments; members of the community who are office, department, committee, or other • Publicizing the FAP through local most likely to require financial body with the final authority or news media; and/or assistance. Such measures could • responsibility for determining that the Publicizing the FAP through social include, for example, the distribution of hospital facility has made reasonable service agencies. information sheets summarizing the efforts to determine whether an In addition, several commenters asked FAP to local public agencies and individual is FAP-eligible and may that hospital facilities be allowed to nonprofit organizations that address the therefore engage in extraordinary publicize a summary of the FAP instead health needs of the community’s low- collection actions against the of the FAP itself. According to these income populations. individual. commenters, summaries of a FAP are For purposes of these proposed In the case of a hospital facility that often more easily understood by regulations, ‘‘informing and notifying’’ fulfills these requirements in a separate members of the public. Some hospital visitors and community written billing and collections policy commenters also asked that such members about a FAP does not require rather than in the FAP, the proposed summaries of the FAP, or the FAP itself, a hospital facility to provide these regulations require the hospital facility’s be translated into languages spoken by individuals with the FAP or all of the FAP to state that the actions the hospital a significant part of the community information in the FAP. Rather, facility may take in the event of served by the hospital facility. provision of a summary of the FAP or nonpayment are described in a separate The proposed regulations require a notification of the FAP’s existence, billing and collections policy and FAP to include four types of measures combined with instructions on how to explain how members of the public may that the hospital facility will take to obtain more information about the FAP, readily obtain a free copy of this widely publicize the FAP. Hospital will suffice. separate policy both on a Web site and facilities have the option of The proposed regulations also make upon request. summarizing these measures in the FAP clear that whether a measure is itself or explaining in the FAP how reasonably calculated to attract visitors’ iv. Widely Publicizing the FAP members of the public may readily attention or reach members of the In accordance with section obtain a free written summary of these community likely to require financial 501(r)(4)(A)(v), the proposed regulations measures. assistance will depend on all of the facts require a FAP to include measures to First, the FAP must include measures and circumstances, including the widely publicize the FAP. One the hospital facility will take to make primary languages spoken by the commenter asked that ‘‘widely paper copies of the FAP, the FAP residents of the community served by publicize’’ be defined by example but application form, and a plain language the hospital facility and other attributes that it not be defined too narrowly or summary of the FAP available upon of the community and the hospital prescriptively because hospital facilities request and without charge, both for facility. need flexibility to address their distribution in public locations in the Finally, the FAP must include particular circumstances. Other hospital facility and by mail. Each of measures the hospital facility will take commenters recommended requiring these documents must be made to make the FAP, FAP application form, use of one or a combination of the available in English and in the primary and a plain language summary of the
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FAP widely available on the hospital demanding that emergency department establish a FAP and emergency medical facility or hospital organization’s Web patients pay before receiving treatment care policy for each hospital facility it site or on a Web site established and or permitting debt collection activities operates, such policies may contain the maintained by another entity. The in the emergency department, may same operative terms. The proposed hospital facility must conspicuously jeopardize a hospital facility’s regulations do note, however, that post complete and current versions of compliance with EMTALA and with the different AGB percentages and methods these documents, both in English and in requirement under 501(r)(4)(B) to of determining AGB and the unique the primary language of any populations establish a nondiscriminatory attributes of a hospital facility or the with limited proficiency in English that emergency medical care policy. community it serves could necessitate constitute more than 10 percent of the Accordingly, the proposed regulations that hospital facilities include in their residents of the community served by provide that unless a hospital facility’s FAPs (or otherwise make available) the hospital facility. emergency medical care policy prohibits different information about AGB or In addition, any individual with debt collection activities from occurring different measures to widely publicize access to the Internet must be able to in the emergency department or in other the FAP. For example, if a hospital access, download, view, and print a hospital venues where such activities organization operates two hospital hard copy of these documents, without could interfere with the treatment of facilities, only the first of which serves requiring special computer hardware or emergency medical conditions without a community that includes a population software (other than software that is discrimination, the hospital’s policy with limited proficiency in English that readily available to members of the will not meet the requirements of constitutes more than 10 percent of the public without payment of any fee) and section 501(r)(4)(B). community’s residents, only the first without payment of a fee to the hospital hospital facility must include in its FAP c. Establishing the FAP and Other facility, hospital organization, or other (or otherwise make available a summary Policies entity maintaining the Web site. Finally, of) measures to widely publicize the the hospital facility or hospital The proposed regulations provide that FAP in a language other than English. organization must provide any a hospital organization will have individual who asks how to access a established a FAP, a separate billing and 5. Limitation on Charges copy of the FAP, FAP application form, collections policy, or an emergency The proposed regulations provide that or plain language summary of the FAP medical care policy for a hospital a hospital organization meets the online with the direct Web site address, facility only if an authorized body of the requirements of section 501(r)(5) with or URL, where these documents are hospital organization has adopted the respect to a hospital facility it operates posted. policy for the hospital facility and the if the hospital facility limits the amount hospital facility has implemented the charged for any emergency or other b. Emergency Medical Care Policy policy. For these purposes, an medically necessary care it provides to A number of commenters opined that authorized body of a hospital a FAP-eligible individual to not more the requirement under section organization means: (1) The hospital than the amounts generally billed to 501(r)(4)(B) that a hospital facility organization’s governing body (that is, individuals with insurance covering establish an emergency medical care the board of directors, board of trustees, that care (AGB). The proposed policy is intended to reflect existing or equivalent controlling body); (2) a regulations also require a hospital federal law under the Emergency committee of the governing body that is facility to limit the amount charged for Medical Treatment and Labor Act permitted under state law to act on any medical care it provides to a FAP- (EMTALA) and is not intended to create behalf of the governing body; or (3) eligible individual to less than the gross any new requirements other than to set other parties authorized by the charges for that care. forth pre-existing obligations under governing body of the hospital a. Amounts Generally Billed federal law in a written policy. organization to act on its behalf (such To satisfy the requirements of section as, for example, one or more executives In discussing methods to determine 501(r)(4)(B), the proposed regulations of the hospital facility), to the extent AGB, numerous commenters pointed to provide that a hospital facility must permitted under state law. In the case of the Joint Committee on Taxation’s (JCT) establish a written policy that requires a hospital facility (operated by a statement in the Technical Explanation the hospital facility to provide, without hospital organization) that is recognized of the Affordable Care Act that ‘‘[i]t is discrimination, care for emergency as an entity under state law but is a intended that amounts billed to those medical conditions (within the meaning disregarded entity for federal tax who qualify for financial assistance may of EMTALA) to individuals, regardless purposes, an authorized body of the be based on either the best, or an of whether they are FAP-eligible. The hospital organization may also include average of the three best, negotiated proposed regulations further provide the governing body of that hospital commercial rates, or Medicare rates.’’ that an emergency medical care policy facility or a committee of, or other Staff of the Joint Committee on will generally satisfy this standard if it parties authorized by, that governing Taxation, Technical Explanation of the requires the hospital facility to provide body, as permitted under state law. Revenue Provisions of the the care for any emergency medical A hospital facility has implemented a ‘‘Reconciliation Act of 2010,’’ as condition that the hospital facility is policy if it has consistently carried out Amended, in Combination with the required to provide under Subchapter G the policy. ‘‘Patient Protection and Affordable Care of Chapter IV of Title 42 of the Code of One commenter asked whether, for Act’’ (March 21, 2010), at 82 (Technical Federal Regulations, the chapter purposes of complying with section Explanation). A few commenters regarding the Centers for Medicare and 501(r)(4), a policy established for a recommended requiring hospital Medicaid Services’ standards and system of multiple hospital facilities facilities to use Medicare rates in certification and including the will qualify as a policy for each hospital determining AGB, while at least one regulations under EMTALA. facility in the system. The proposed commenter requested that hospital Any hospital policy or procedure that regulations provide that, while a facilities not be required to use discourages individuals from seeking hospital organization operating multiple Medicare rates. Numerous commenters emergency medical care, such as hospital facilities must separately asked that hospital facilities be
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permitted to determine AGB by facility, without also including claims i. Look-Back Method applying an average percentage of gross paid by Medicare. Under the look-back method for charges that commercial insurers and The second method for determining determining AGB, a hospital facility the patients they cover are, together, AGB is ‘‘prospective,’’ in that it requires must determine AGB for any emergency expected to pay. the hospital facility to estimate the or other medically necessary care A number of commenters amount it would be paid by Medicare provided to a FAP-eligible individual by recommended that AGB should be and a Medicare beneficiary for the multiplying the gross charges for that determined at least annually, and a few emergency or other medically necessary care by one or more percentages of gross commenters asked that AGB be care at issue if the FAP-eligible charges, called AGB percentages. The calculated based on past claims paid by individual were a Medicare fee-for- hospital facility must calculate its AGB commercial insurers, such as claims service beneficiary. This prospective percentage(s) no less frequently than paid over the last six months or over the method is based only on Medicare annually by dividing the sum of certain prior year. In addition, several because the Treasury Department and claims paid to the hospital facility by commenters asked that hospital the IRS expect that such a method is the sum of the associated gross charges facilities be permitted to make separate only administrable if based on a single for those claims. More specifically, AGB determinations for inpatient and insurer’s billing and coding processes. these AGB percentages must be based outpatient services. The Treasury Department and the IRS on all claims that have been paid in full The proposed regulations provide two request comments regarding whether a to the hospital facility for emergency methods for hospital facilities to use to hospital facility should also have the and other medically necessary care by determine AGB. The first method is a option of determining AGB either Medicare fee-for-service alone or ‘‘look-back’’ method based on actual prospectively by estimating the amount by Medicare fee-for-service and all past claims paid to the hospital facility the facility would charge the insured private health insurers together as the by either Medicare fee-for-service only individual and the private health primary payer(s) of these claims during or Medicare fee-for-service together with insurer with the lowest rate (or the a prior 12-month period. For these all private health insurers paying claims insured individuals and three private purposes, a hospital facility may to the hospital facility (including, in health insurers with the three lowest include in ‘‘all claims that have been each case, any associated portions of rates). paid in full’’ both the portions of the these claims paid by Medicare These two methods of determining claims paid by Medicare or the private beneficiaries or insured individuals). AGB are mutually exclusive, and a insurer and the associated portions of The Treasury Department and the IRS hospital facility may use only one the claims paid by Medicare believe that the three ‘‘best’’ commercial method to determine AGB. After beneficiaries or insured individuals in rates may be difficult to determine choosing a particular method, a hospital the form of co-insurance, copayments, because different commercial insurers facility must continue to use that or deductibles. A hospital facility must may negotiate the lowest rates for method. The Treasury Department and begin applying its AGB percentage(s) by different items and services. Basing the IRS request comments on whether a the 45th day after the end of the 12- AGB on the claims paid by all private hospital facility should be allowed to month period the hospital facility used health insurers and Medicare avoids change its method of calculating AGB in calculating the AGB percentage(s). this difficulty by eliminating the need to under certain circumstances or The Treasury Department and the IRS determine which private health insurers following a certain period of time and, request comments regarding this look- have the lowest rates. Although such an if so, under what circumstances or how back method generally, and regarding approach allows a hospital facility to frequently. three aspects of this method in include the higher rates paid by health particular. First, comments are insurers that are not the lowest (or three Several commenters asked whether requested regarding whether a hospital lowest), it also requires the hospital Medicare Advantage should be included facility using the look-back method facility to include the rates paid by in the determination of AGB. The should have the option to base its AGB Medicare. In addition, basing AGB on proposed regulations clarify that for percentage(s) on a representative sample the claims paid by all private health purposes of determining AGB, amounts of claims (rather than all claims) that insurers and Medicare is arguably more paid under ‘‘Medicare’’ only include have been paid in full over a prior 12- consistent with the statutory phrase amounts paid under ‘‘Medicare fee-for- month period. Specifically, comments ‘‘amounts generally billed to individuals service,’’ which is defined as including should address how a hospital facility who have insurance’’ than basing AGB only Medicare Part A and Part B and would ensure that such samples are only on claims paid by those private excluding Medicare Advantage (or representative and reliable. Second, health insurers with the lowest, or three Medicare Part C). For purposes of the comments are requested regarding lowest, rates. However, the Treasury proposed regulations, claims paid under whether a hospital facility needs more Department and the IRS request Medicare Advantage are treated as than 45 days between the end of the 12- comments regarding whether hospital claims paid by a private health insurer. month period used in calculating the facilities should also have the option of Finally, a number of commenters AGB percentage(s) and the date it must basing AGB on claims paid by the recommended that in states that require begin applying the AGB percentage(s). private health insurer with the lowest specific discounts or otherwise control Third, comments are requested rate or by the three private health the amount that may be billed to regarding whether hospital facilities insurers with the three lowest rates, and patients with financial need, those might significantly increase their gross how the lowest rate(s) should be requirements should establish AGB. charges after calculating one or more determined. The Treasury Department Given the wide variation among state AGB percentages and whether such an and the IRS also request comments laws and the advantage of uniformity in increase could mean that determining regarding whether hospital facilities applying the federal rules, the Treasury AGB by multiplying current gross should have the option of basing AGB Department and the IRS are proposing charges by an AGB percentage will on claims paid by all private health to adopt a single federal regulatory result in charges that exceed the insurers paying claims to the hospital definition of AGB. amounts that are in fact generally billed
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to those with insurance at the time of charges * * * when billing individuals determined to be FAP-eligible, are the charges. If so, comments are who qualify for financial assistance.’’ sufficient. requested regarding whether safeguards Technical Explanation, at 82. The 6. Billing and Collection should be implemented to offset proposed regulations adopt this increases in gross charges after the recommendation. The proposed The proposed regulations provide that calculation of the AGB percentage(s), regulations also clarify that the a hospital organization meets the including, for example, requiring AGB prohibition on the use of gross charges requirements of section 501(r)(6) with to be determined by applying an AGB applies to any medical care, not just respect to a hospital facility it operates percentage not to current gross charges emergency and medically necessary if the hospital facility does not engage but rather to current gross charges care, provided to a FAP-eligible in ECAs against an individual before reduced by any percentage increases in individual. making reasonable efforts to determine gross charges since the AGB percentage Numerous commenters requested that whether the individual is FAP-eligible. was last calculated. hospital facilities not be prohibited from For these purposes, a hospital facility As previously noted, numerous including the amount of gross charges will be considered to have engaged in commenters asked that hospital on a hospital bill as an explanatory item ECAs against an individual if the facilities be permitted to determine AGB or a starting point for itemizing certain hospital facility engages in ECAs against by applying one average percentage of discounts. Commenters stated that this any other individual who has accepted gross charges. The proposed regulations practice is standard in the healthcare or is required to accept responsibility provide that a hospital facility using the industry and should not be affected by for the first individual’s hospital bills. look-back method may calculate one section 501(r)(5)(B). The proposed In addition, a hospital facility will be average AGB percentage for all regulations make clear that including considered to have engaged in an ECA emergency and other medically the gross charges on hospital bills as the against an individual if any purchaser of necessary care provided by the hospital starting point to which various the individual’s debt or any debt facility. Alternatively, a hospital facility contractual allowances, discounts, or collection agency or other party to may calculate multiple AGB percentages deductions are applied is permissible, which the hospital facility has referred for separate categories of care (such as as long as the gross charges are not the the individual’s debt has engaged in an inpatient and outpatient care or care actual amount a FAP-eligible individual ECA against the individual. provided by different departments) or is expected to pay. a. Extraordinary Collection Actions for separate items or services, as long as c. Safe Harbor for Certain Charges in In discussing the scope of the term the hospital facility calculates AGB Excess of AGB percentages for all emergency and other ‘‘extraordinary collection actions’’ medically necessary care provided by A number of commenters noted that (ECAs), many commenters pointed to the hospital facility. if an individual has yet to submit a FAP the JCT’s statement in the Technical application, a hospital facility will not Explanation that ‘‘extraordinary ii. Prospective Medicare Method know at the time of initial and collections include lawsuits, liens on Under the prospective Medicare subsequent billing whether the residences, arrests, body attachments, or method, a hospital facility may individual is FAP-eligible. The other similar collection processes.’’ determine AGB for any emergency or proposed regulations provide that Technical Explanation, at 82. A number other medically necessary care that the whether an individual is FAP-eligible is of these commenters argued that ECAs hospital facility provides to a FAP- determined without regard to whether should be limited to the examples listed eligible individual by using the same the individual has applied for assistance in the Technical Explanation, with the billing and coding process the hospital under a hospital facility’s FAP. term ‘‘other similar collection facility would use if the individual were However, the proposed regulations also processes’’ being limited to actions that a Medicare fee-for-service beneficiary. provide a safe harbor under which a must be initiated through a legal or The hospital facility may then set AGB hospital facility will not violate section judicial process. for that care at the amount the hospital 501(r)(5) if it charges more than AGB for Other commenters recommended that facility determines would be the amount emergency or other medically necessary additional actions related to collections Medicare and the Medicare beneficiary care, or charges gross charges for any should constitute ECAs or even be together would be expected to pay for medical care, to a FAP-eligible prohibited altogether, including such the care. individual who has not submitted a actions as deferring or denying care complete FAP application as of the time based on a pattern of nonpayment, b. Gross Charges of the charge, as long as the hospital selling patient debts to third parties, Section 501(r)(5)(B) prohibits the use facility made and continues to make referring debts to debt collection of gross charges. The proposed reasonable efforts to determine whether agencies, charging interest on patient regulations define a gross charge (also the individual is FAP-eligible (within debts, and any other action beyond known as the ‘‘chargemaster rate’’) as a the meaning of and during the periods sending a patient a bill. A number of hospital facility’s full, established price required under section 501(r)(6), commenters also recommended that for medical care that the hospital facility including by correcting the amount reporting to credit agencies should consistently and uniformly charges all charged if the individual is constitute ECAs and pointed to the patients before applying any contractual subsequently found to be FAP-eligible). statement in the Technical Explanation allowances, discounts, or deductions. The Treasury Department and IRS that reasonable efforts include certain A number of commenters request comments regarding the actions before ‘‘reporting to credit rating recommended that section 501(r)(5)(B)’s proposed safe harbor and whether the agencies is initiated.’’ Technical prohibition on gross charges should patient protections provided in section Explanation, at 82. In addition, several apply only to FAP-eligible individuals, 1.501(r)–6, including the requirements commenters suggested that the express noting that such an interpretation is that a hospital facility refund amounts approval of a hospital organization’s consistent with the JCT’s statement in overcharged and seek to reverse governing body should be required the Technical Explanation that ‘‘[a] previously taken ECAs (except sales of before a hospital facility it operates is hospital facility may not use gross debts) once an individual has been permitted to engage in such actions as
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wage garnishment, freezing bank hospital facility can maintain sufficient individuals be given more than 120 accounts, or placing liens on patients’ control over the collection actions of days, such as one year, to apply for homes or cars. parties to which it refers or sells debt financial assistance. The proposed regulations state that and whether either referring debt or The proposed regulations provide ECAs include any actions taken by a selling debt (or both) should constitute that, with respect to any care provided hospital facility against an individual ECAs. by a hospital facility to an individual, related to obtaining payment of a bill for The proposed regulations do not the hospital facility will have made care covered under the hospital define ECAs to include deferring or reasonable efforts to determine whether facility’s FAP that require a legal or denying care based on a pattern of the individual is FAP-eligible if the judicial process. ECAs that require a nonpayment, requiring deposits before hospital facility: (1) Notifies the legal or judicial process include, but are providing care, or charging interest, individual about the FAP; (2) in the case not limited to, actions to— although policies allowing certain of of an individual who submits an • Place a lien on an individual’s these actions may not satisfy the incomplete FAP application, provides property; emergency medical care policy the individual with information relevant • Foreclose on an individual’s real provision noted in section 4.b of this to completing the FAP application; and property; preamble. In addition, the Treasury (3) in the case of an individual who • Attach or seize an individual’s bank Department and the IRS understand that submits a complete FAP application, account or any other personal property; some state laws restrict the degree to makes and documents a determination • Commence a civil action against an which hospitals can engage in these as to whether the individual is FAP- individual; activities and request additional eligible (and meets certain other • Cause an individual’s arrest; comments on whether such activities specified requirements described later • Cause an individual to be subject to should constitute ECAs. in this preamble). a writ of body attachment; and The proposed regulations also do not For purposes of meeting these • Garnish an individual’s wages. require a hospital facility to obtain requirements, the proposed regulations In addition, the Treasury Department governing body approval before describe both a ‘‘notification period’’ and the IRS understand that the engaging in ECAs. Comments are and an ‘‘application period.’’ The reporting of adverse information about requested regarding what additional notification period is the period during an individual to consumer credit procedural protections, if any, may be which the hospital facility must notify reporting agencies or credit bureaus is a appropriate as a part of the reasonable an individual about the FAP. Under the part of the process of obtaining payment efforts to determine FAP-eligibility that proposed regulations, this period begins of a hospital bill that can cause a hospital facility must make before on the date care is provided to the significant financial harm to an engaging in ECAs, discussed in the individual and ends on the 120th day individual for many years. Reporting to immediately following section 6.b of after the hospital facility provides the credit agencies is also an activity that is this preamble. individual with the first billing restricted in some state laws governing statement for the care. If a hospital b. Reasonable Efforts debt collection by hospitals. The facility has met all of the notification proposed regulations provide that ECAs In discussing the scope of the term requirements and the individual has include reporting to credit agencies. ‘‘reasonable efforts,’’ many commenters failed to submit a FAP application by The final action listed in the proposed pointed to the JCT’s statement in the the end of the notification period, the regulations as an ECA is the sale of an Technical Explanation that reasonable hospital facility may engage in ECAs individual’s debt to another party. A efforts were intended to include against the individual. However, a number of commenters suggested that ‘‘notification by the hospital of its FAP hospital facility must accept and the proposed regulations prohibit the upon admission and in written and oral process FAP applications submitted by sale of debt altogether. Such a communications with the patient an individual during a longer prohibition is contained in at least one regarding the patient’s bill, including ‘‘application period’’ that ends on the state law governing debt collection by invoices and telephone calls.’’ 240th day after the hospital facility hospitals. The proposed regulations Technical Explanation, at 82. A few provides the individual with the first provide that the sale of debt is an ECA commenters recommended that billing statement for the care. The because the Treasury Department and providing one written summary of a Treasury Department and the IRS have the IRS understand that after a hospital FAP in at least one invoice mailed or proposed including both a shorter facility has sold a debt, it may have a otherwise provided to an individual notification period and a longer more limited ability to control the following the provision of hospital application period as a way of balancing purchaser’s actions to collect the debt. services and prior to referring the the individual’s need for sufficient time By contrast, when a hospital facility account to a collection agency should be to seek financial assistance with the refers an individual’s debt to a debt deemed to constitute ‘‘reasonable hospital facility’s interest in efficiently collection agent or other party without efforts’’ to determine the individual’s carrying out its billing processes. The selling the debt (for example, by FAP-eligibility. Other commenters Treasury Department and the IRS entering into a contract under which the recommended that a hospital facility be request comments regarding other other party conducts all of the facility’s required to provide at least three notices possible ways to achieve this balance. billing and collections activities about the FAP (as well as contact The Treasury Department and the IRS pursuant to the hospital facility’s billing information to request additional are proposing a notification period of and collections policy), a hospital information) and wait at least 120 days 120 days from the first billing statement facility can presumably maintain greater from the first notice or billing statement because a few commenters suggested control over its third party agent. As a before engaging in ECAs. One that hospital billing cycles are typically result, the proposed regulations do not commenter noted that hospitals have 45 days and the Treasury Department define ECAs to include referring an traditionally handled their receivables and the IRS intend that individuals will individual’s debt without selling it. The internally and then turned them over to receive notice about the FAP with at Treasury Department and the IRS collections agencies after 120 days. least three billing statements and then request comments regarding whether a Several commenters suggested that have at least 30 days after the third
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billing statement to apply for financial must provide this written notice at least it needs to determine FAP-eligibility. assistance before ECAs are initiated. In 30 days before the deadline specified in These commenters asked that a hospital addition, a 120-day notification period the notice. facility not be foreclosed from initiating was selected because hospitals are used The proposed regulations define a ECAs when it makes reasonable efforts to dealing with a 120-day period in the ‘‘plain language summary’’ of the FAP to notify an individual about its FAP context of deeming debts to be bad debts as a written statement that notifies an and the individual does not respond. under the Medicare program and individual that the hospital facility The Treasury Department and the IRS because such a period is consistent with offers financial assistance under a FAP recognize that some FAP-eligible some state requirements or and also includes the following items of individuals will not submit a FAP recommendations to wait 120 days information in language that is clear, application, notwithstanding a hospital before taking such collection actions as concise, and easy to understand: facility’s efforts to notify individuals commencing lawsuits, reporting to • A brief description of the eligibility about its FAP. As a result, the proposed credit agencies, or referring to collection requirements and assistance offered regulations provide that, with respect to agencies. Similarly, a 240-day period to under the FAP; any care provided to an individual, a apply for financial assistance is roughly • The direct Web site address, or hospital facility has made reasonable in the middle of the range of application URL, and physical location(s) where the efforts to determine whether the periods required under various state individual can obtain copies of the FAP individual is FAP-eligible if the hospital laws and recommended by some and FAP application form; facility meets, and documents that it commenters. The Treasury Department • Instructions on how the individual met, the notification component of and the IRS request comments regarding can obtain a free copy of the FAP and reasonable efforts and the individual the proposed lengths of the notification FAP application form by mail; does not submit a FAP application by • period and the application period and/ The contact information of hospital the end of the notification period (or, if or whether it would be preferable to facility staff who can provide the later, the deadline specified by the have only one concurrent period. individual with information about the hospital facility). Once the hospital Finally, the Treasury Department and FAP and the FAP application process, facility has made reasonable efforts to the IRS recognize that some inpatients as well as of any nonprofit organizations determine whether an individual is staying at a hospital facility for a or government agencies the hospital FAP-eligible as a result of notifying the prolonged period of time may start facility has identified as capable and individual during the 120-day receiving billing statements in the mail available sources of assistance with FAP notification period, it may engage in one before being discharged. Comments are applications; or more ECAs against the individual. requested regarding whether the • A statement of the availability of However, even after a hospital facility is notification and application periods for translations of the FAP, FAP application permitted to engage in ECAs against an such inpatients should start on a date form, and plain language summary in individual, it must still process FAP later than the date of the first billing other languages, if applicable; and applications submitted before the end of • statement (such as the date of discharge) A statement that no FAP-eligible the application period in order to have and on the feasibility of this and other individual will be charged more for made reasonable efforts to determine approaches to addressing this issue. emergency or other medically necessary whether the individual is FAP-eligible, care than AGB. as described in the immediately i. Notification About the FAP The proposed regulations provide that following sections 6.b.ii and 6.b.iii of To satisfy the notification component if an individual submits a complete or this preamble. of ‘‘reasonable efforts’’ with respect to incomplete FAP application to a any care provided to an individual, the hospital facility during the application ii. Incomplete FAP Applications proposed regulations require a hospital period, the hospital facility will be The proposed regulations provide that facility to distribute a plain language deemed to have met the notification if an individual submits an incomplete summary of the FAP, and offer a FAP requirements with respect to the FAP application during the application application form, to the individual individual as of the time the FAP period, a hospital facility will have before discharge from the hospital application is submitted. Thus, once a made reasonable efforts to determine facility. A hospital facility must also hospital facility receives a FAP whether the individual is FAP-eligible include a plain language summary of application from an individual, the only if it takes three steps. First, if the FAP with all (and at least three) hospital facility no longer needs to applicable, the hospital facility must billing statements for the care and all continue notifying that individual about suspend any ECAs against the other written communications regarding the FAP. However, the submission of a individual (meaning it does not initiate the bill provided to the individual FAP application form during the any new ECAs or take further action during the notification period. In application period triggers other with respect to previously-initiated addition, the hospital facility must requirements that the hospital facility ECAs). Second, the hospital facility inform the individual about the FAP in must satisfy to have made reasonable must provide the individual with a all oral communications regarding the efforts to determine whether the written notice that describes the amount due for the care that occur individual is FAP-eligible, which are additional information and/or during the notification period. Finally, discussed in the immediately following documentation the individual must the hospital facility must provide the sections 6.b.ii and 6.b.iii of this submit to complete his or her FAP individual with at least one written preamble. application and include a plain notice that informs the individual about Many commenters noted that even language summary of the FAP with the the ECAs the hospital facility (or other when a hospital facility makes written notice. Third, the hospital authorized party) may take if the reasonable efforts to notify an facility must provide the individual individual does not submit a FAP individual about its FAP and FAP with at least one written notice that application or pay the amount due by a application process, some individuals informs the individual about the ECAs date (specified in the notice) that is no will decline to apply for financial that the hospital facility or other earlier than the last day of the assistance under the FAP, leaving the authorized party may initiate or resume notification period. The hospital facility hospital facility without the information if the individual does not complete the
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application or pay the amount due by a facility must take all reasonably management. Comments are requested completion deadline (specified in the available measures to reverse any ECA on how a hospital facility might notice) that is no earlier than the later (with the exception of a sale of debt) reasonably determine whether an of 30 days from the date of the written taken against the individual to collect individual is FAP-eligible in ways other notice or the last day of the application the debt at issue. Accordingly, the than soliciting and processing FAP period. The hospital facility must hospital facility generally must take applications. provide this written notice regarding measures to vacate any judgment against Specifically, the Treasury Department ECAs at least 30 days before the the individual, lift any liens or levies on and the IRS understand that many completion deadline. the individual’s property, and remove individuals who are not FAP-eligible If a hospital facility provides this from the individual’s credit report any (for example, because they are relatively required information and suspends any adverse information reported to a affluent and/or have adequate insurance ECAs against the individual, and the consumer reporting agency or credit coverage) will never submit a complete individual fails to complete the FAP bureau. FAP application. A hospital facility may application by the completion deadline, The Treasury Department and the IRS wish to make a FAP-eligibility the hospital facility will have made request comments regarding the determination based on reliable reasonable efforts to determine whether feasibility of reversing various ECAs information early in the billing cycle in the individual is FAP-eligible and thus when the hospital facility determines order to avoid unwarranted interference may initiate or resume ECAs against the that an individual is FAP-eligible, with its routine billing practices and to individual. including in circumstances in which an avoid the administrative burdens of If the individual completes the FAP individual’s debt has been referred or notifying these non-FAP-eligible application by the completion deadline, sold to another party. individuals about the FAP and tracking the proposed regulations provide that As a general matter, once a hospital each individual’s notification and the individual will be considered to facility has taken all of the required application periods. The Treasury have submitted a complete FAP steps after receiving a complete FAP Department and the IRS request application during the application application, it has made reasonable comments regarding whether, and under period, and thus the requirements for efforts to determine whether the what circumstances, a hospital facility complete FAP applications, discussed individual is FAP-eligible and thus may in the immediately following section initiate or resume ECAs against the should be permitted to use reliable 6.b.iii of this preamble, apply. individual. However, the proposed information, other than that provided by The Treasury Department and IRS regulations also contain an anti-abuse an individual with a complete FAP request comments on ways to encourage rule that provides that a hospital facility application, to make a determination timely completion of incomplete will not have made reasonable efforts to that the individual is not FAP-eligible or applications so that hospital facilities determine whether an individual is is eligible for assistance that is less than may determine whether individuals are FAP-eligible if the hospital facility bases the most generous assistance offered FAP-eligible while still providing a determination that the individual is under the FAP. Comments are also individuals with sufficient time to apply not FAP-eligible on information the requested regarding whether a hospital for financial assistance. hospital facility has reason to believe is facility might be able to rely on prior FAP-eligibility determinations for a iii. Complete FAP Applications unreliable or incorrect or on information obtained from the individual under period of time to avoid having to re- The proposed regulations provide that duress or through the use of coercive determine whether an individual is if a hospital facility receives a complete practices. FAP-eligible every time he or she FAP application from an individual In addition, the proposed regulations receives care. The Treasury Department during the application period, the provide that a hospital facility has made and the IRS request comments regarding hospital facility will have made reasonable efforts to determine whether what sources of information can reliably reasonable efforts to determine whether an individual is FAP-eligible if it and accurately be used to determine the individual is FAP-eligible only if it determines that the individual is FAP-eligibility and whether hospital suspends any ECAs against the eligible for the most generous assistance facilities should therefore have the individual, makes and documents an available under its FAP based on flexibility to use such sources of eligibility determination in a timely information other than that provided by information rather than being limited to manner, and notifies the individual in the individual as part of a complete FAP making determinations based only on writing of the determination and the application. For example, a hospital complete FAP applications. basis for the determination. In addition, facility could make reasonable efforts by iv. Agreements With Other Parties if the hospital facility has determined determining that an individual is that the individual is FAP-eligible, the eligible for the most generous assistance The proposed regulations provide that hospital facility must take three offered under its FAP based on if a hospital facility refers or sells an additional steps in a timely manner. information establishing that the individual’s debt to another party First, it must provide the individual individual is eligible for assistance during the application period, the with a billing statement that indicates under one or more means-tested public hospital facility will have made the amount the individual owes as a programs. reasonable efforts to determine whether FAP-eligible individual. This billing The Treasury Department and the IRS the individual is FAP-eligible only if it statement must also show—or describe seek comments on how to provide first obtains (and, to the extent how the individual can get information additional flexibility under the applicable, enforces) a legally binding regarding—the AGB for the care regulations to hospital facilities seeking written agreement from the other party provided and how the hospital facility to determine whether an individual is to abide by certain requirements. First, determined the amount the individual FAP-eligible so that the procedural a party to which the individual’s debt is owes as a FAP-eligible individual. protections provided under section referred during the notification period Second, the hospital facility must 501(r)(6) are respected but do not must agree to refrain from engaging in refund any excess payments made by unnecessarily interfere with a hospital ECAs against the individual until the the individual. Third, the hospital facility’s reasonable financial hospital facility has made reasonable
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efforts to determine whether the any written notice or communication need only be performed once. Moreover, individual is FAP-eligible. described in this section 6 of the while hospital facilities may need to Second, if the individual submits a preamble, including any plain language periodically modify these policies to FAP application during the application summary of the FAP, on a billing reflect changed circumstances, the period, the party must suspend any statement or along with other proposed regulations attempt to ECAs against the individual until the descriptive or explanatory matter, as minimize that ongoing burden by giving hospital facility has made reasonable long as the required information is hospital facilities the option of efforts to determine whether the conspicuously placed and of sufficient providing certain information separately individual is FAP-eligible. size to be clearly readable. from the policy, as long as the policy Third, if the individual submits a FAP explains how members of the public can Effective/Applicability Dates application during the application readily obtain this information free of period and the hospital facility Consistent with the statutory effective charge. In addition, as a general matter, determines that the individual is FAP- date, the proposed regulations provide the regulations describing how a eligible, the party must adhere to that, except for the requirements of hospital facility makes reasonable procedures specified in the agreement section 501(r)(3), section 501(r) applies efforts to determine eligibility for that ensure that the FAP-eligible to taxable years beginning after March assistance under its FAP and widely individual does not pay, and will have 23, 2010. The requirements of section publicizes its FAP are designed to no obligation to pay, the party and 501(r)(3) apply to taxable years ensure that a hospital facility can meet hospital facility together more than he beginning after March 23, 2012. these requirements by providing basic or she is required to pay as a FAP- The regulations under section information about its FAP using pre- eligible individual. If the party, rather 501(r)(4) through 501(r)(6) are proposed existing processes (such as the issuance than the hospital facility, has the to apply for taxable years beginning on of billing statements) and resources authority to do so, the party must also or after the date these rules are (such as its Web site and physician take all reasonably available measures to published in the Federal Register as networks) in providing this information. reverse any ECA (with the exception of final or temporary regulations. Thus, the collection of information in a sale of debt) taken against the Taxpayers may rely on these proposed this regulation that is subject to the individual to collect the debt at issue. regulations until final or temporary Regulatory Flexibility Act will not Fourth, if the party refers or sells the regulations are issued. The Treasury impose a significant economic burden debt to yet another party during the Department and the IRS invite upon the affected organizations. application period, the party must comments on whether, and what type Accordingly, a Regulatory Flexibility obtain a written agreement from the of, transitional relief may be necessary. Analysis under the Regulatory other party to abide by the three Availability of IRS Documents Flexibility Act (5 U.S.C. chapter 6) is previously-mentioned requirements. not required. Pursuant to section 7805(f) The Treasury Department and the IRS IRS notices, revenue rulings, and of the Code, this regulation has been request comments regarding the revenue procedures cited in this submitted to the Chief Counsel for feasibility of a hospital facility imposing preamble are made available by the Advocacy of the Small Business these requirements on the parties to Superintendent of Documents, U.S. Administration for comment on its which it sells or refers debt by means of Government Printing Office, impact on small entities. a written agreement. In particular, Washington, DC 20402. Comments and Requests for Public comments are requested regarding how Special Analyses the regulations should balance the need Hearing to ensure that hospital facilities satisfy It has been determined that this notice Before these proposed regulations are the requirements of section 501(r)(6) of proposed rulemaking is not a adopted as final regulations, with the goal of avoiding unnecessary significant regulatory action as defined consideration will be given to any disruptions and inefficiencies in their in Executive Order 12866, as comments that are submitted timely to billing processes. supplemented by Executive Order the IRS as prescribed in this preamble 13563. Therefore, a regulatory under the ‘‘Addresses’’ heading. The v. Miscellaneous Issues assessment is not required. It has also Treasury Department and the IRS In order to ensure that individuals been determined that section 553(b) of request comments on all aspects of the have sufficient opportunity to consider the Administrative Procedure Act (5 proposed rules. All comments will be whether they might be eligible for U.S.C. chapter 5) does not apply to this available at www.regulations.gov or assistance under the hospital facility’s proposed regulation. It is hereby upon request. FAP, the proposed regulations also certified that these regulations will not A public hearing will be scheduled if provide that a hospital facility will not have a significant economic impact on requested in writing by any person that have made reasonable efforts to a substantial number of small entities. timely submits written comments. If a determine whether an individual is This certification is based on the fact public hearing is scheduled, notice of FAP-eligible simply because it obtains a that the regulations are consistent with the date, time, and place for the public signed waiver from the individual. the requirements imposed by statute hearing will be published in the Federal Thus, a signed statement that the and that the collection of information in Register. individual does not wish to apply for the regulation that is subject to the assistance under the FAP or to receive Regulatory Flexibility Act will impose a Drafting Information certain notifications about the FAP will minimal burden upon the affected The principal authors of these not constitute a determination of FAP- organizations. Consistent with the proposed regulations are Preston J. eligibility or satisfy the requirement to statute, the regulations require hospital Quesenberry and Amber L. Mackenzie, make reasonable efforts to determine facilities to establish two written Office of the Chief Counsel (Tax-Exempt FAP-eligibility before engaging in ECAs policies—a financial assistance policy and Government Entities). However, against the individual. (FAP) and an emergency medical care other personnel from the Treasury Finally, the proposed regulations policy—but much of the work involved Department and the IRS participated in provide that a hospital facility may print in putting such policies into writing their development.
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List of Subjects in 26 CFR Part 1 (2) Authorized body. (4) Billing and collections policy (3) Implementing a policy. means a written policy that includes all Income taxes, Reporting and (4) Establishing a policy for more than one recordkeeping requirements. of the elements described in § 1.501(r)– hospital facility. 4(b)(4). Proposed Amendments to the § 1.501(r)–5 Limitation on charges. (5) Completion deadline means the Regulations (a) In general. date after which a hospital facility may Accordingly, 26 CFR part 1 is (b) Amounts generally billed. initiate or resume extraordinary (1) Look-back method. proposed to be amended as follows: collection actions against an individual (2) Prospective Medicare method. who has submitted an incomplete FAP (3) Examples. PART 1—INCOME TAXES (c) Gross charges. application if that individual has not provided the hospital facility with the Paragraph 1. The authority citation (d) Safe harbor for certain charges in excess missing information and/or for part 1 continues to read in part as of AGB. documentation necessary to complete follows: § 1.501(r)–6 Billing and collection. (a) In general. the application. The completion Authority: 26 U.S.C. 7805 * * * (b) Extraordinary collection actions. deadline must be specified in a written Par. 2. Section 1.501(r)–0 is added to (c) Reasonable efforts. notice (as described in § 1.501(r)– read as follows: (1) In general. 6(c)(3)(i)(C)) and must be no earlier than (2) Notification. the later of— § 1.501(r)–0 Outline of regulations. (3) Incomplete FAP applications. (i) 30 days after the hospital facility This section lists the table of contents (4) Complete FAP applications. provides the individual with this (5) Suspending ECAs while a FAP for §§ 1.501(r)–1 through 1.501(r)–7. written notice; or application is pending. (ii) The last day of the application § 1.501(r)–1 Definitions (6) Waiver does not constitute reasonable period described in paragraph (b)(3) of (a) Application. efforts. this section. (b) Definitions. (7) Agreements with other parties. (8) Clear and conspicuous placement. (6) Disregarded entity means an entity (1) Amounts generally billed (AGB). that is generally disregarded as separate (2) AGB percentage. § 1.501(r)–7 Effective/applicability dates. (3) Application period. from its owner for federal tax purposes (a) Statutory effective/applicability date. under § 301.7701–3 of this chapter. One (4) Billing and collections policy. (1) In general. (5) Completion deadline. (2) Community health needs assessment. example of a disregarded entity is a (6) Disregarded entity. (b) Effective/applicability date of domestic single member limited liability (7) Emergency medical care. regulations. company that does not elect to be (8) Emergency medical conditions. classified as an association taxable as a (9) Extraordinary collection action (ECA). Par. 3. Section 1.501(r)–1 is added to corporation for federal tax purposes. (10) Financial assistance policy (FAP). read as follows: (7) Emergency medical care means (11) FAP application. care provided by a hospital facility for (12) FAP application form. § 1.501(r)–1 Definitions. emergency medical conditions. (13) FAP-eligible individual. (a) Application. The definitions set (14) Gross charges. (8) Emergency medical conditions forth in this section apply to means emergency medical conditions as (15) Hospital facility. §§ 1.501(r)–2 through 1.501(r)–7. (16) Hospital organization. defined in section 1867 of the Social (17) Medicare fee-for-service. (b) Definitions—(1) Amounts Security Act (42 U.S.C. 1395dd). (18) Notification period. generally billed (AGB) means the (9) Extraordinary collection action (19) Plain language summary. amounts generally billed for emergency (ECA) means an action described in (20) Primary payer. or other medically necessary care to § 1.501(r)–6(b). (21) Private health insurer. individuals who have insurance (10) Financial assistance policy (FAP) (22) Referring. covering such care, determined in means a written policy that meets the § 1.501(r)–2 Failures to satisfy section 501(r) accordance with § 1.501(r)–5(b). requirements described in § 1.501(r)– requirements. [Reserved] (2) AGB percentage means a 4(b). § 1.501(r)–3 Community health needs percentage of gross charges that a (11) FAP application means the assessments. [Reserved] hospital facility uses under § 1.501(r)– information and accompanying § 1.501(r)–4 Financial assistance policy and 5(b)(1) to determine the AGB for any documentation that a hospital facility emergency medical care policy. emergency or other medically necessary requires an individual to submit to (a) In general. care it provides to a FAP-eligible apply for financial assistance under the (b) Financial assistance policy. individual. facility’s FAP. A FAP application is (1) In general. (3) Application period means the considered complete if it contains (2) Eligibility criteria and basis for period during which a hospital facility calculating amounts charged to patients. information and documentation (3) Method for applying for financial must accept and process an application sufficient for the hospital facility to assistance. for assistance under its financial determine whether the applicant is (4) Actions that may be taken in the event assistance policy (FAP) submitted by an FAP-eligible and incomplete if it does of nonpayment. individual in order to have made not contain such information and (5) Widely publicizing the FAP. reasonable efforts to determine whether documentation. (6) Readily obtainable information. the individual is FAP-eligible. With (12) FAP application form means the (c) Emergency medical care policy. respect to any care provided by a application form (and any (1) In general. hospital facility to an individual, the accompanying instructions) that a (2) Interference with provision of application period begins on the date hospital facility requires an individual emergency medical care. (3) Relation to federal law governing the care is provided to the individual to submit as part of his or her FAP emergency care. and ends on the 240th day after the application. (4) Examples. hospital facility provides the individual (13) FAP-eligible individual means an (d) Establishing the FAP and other policies. with the first billing statement for the individual eligible for financial (1) In general. care. assistance under a hospital facility’s
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FAP, without regard to whether the (iii) Instructions on how the 501(r)(4) with respect to a hospital individual has applied for assistance individual can obtain a free copy of the facility it operates if the hospital under the FAP. FAP and FAP application form by mail; organization establishes for that hospital (14) Gross charges, or the (iv) The contact information, facility— chargemaster rate, means a hospital including the telephone number(s) and (1) A written financial assistance facility’s full, established price for physical location (including a room policy (FAP) that meets the medical care that the hospital facility number, if applicable), of hospital requirements described in paragraph (b) consistently and uniformly charges all facility staff who can provide an of this section; and patients before applying any contractual individual with information about the (2) A written emergency medical care allowances, discounts, or deductions. FAP and the FAP application process, policy that meets the requirements (15) Hospital facility means a facility as well as of the nonprofit organizations described in paragraph (c) of this that is required by a state to be licensed, or government agencies, if any, that the section. (b) Financial assistance policy—(1) In registered, or similarly recognized as a hospital facility has identified as general. To satisfy paragraph (a)(1) of hospital. Except as otherwise provided available sources of assistance with FAP this section, a hospital facility’s FAP in published guidance, a hospital applications; (v) A statement of the availability of must apply to all emergency and other organization may treat multiple translations of the FAP, FAP application medically necessary care provided by buildings operated under a single state form, and plain language summary in the hospital facility and include— license as a single hospital facility. For other languages, if applicable; and (i) Eligibility criteria for financial purposes of this paragraph (b)(15), the (vi) A statement that no FAP-eligible assistance and whether such assistance term ‘‘state’’ includes only the 50 states individual will be charged more for includes free or discounted care; and the District of Columbia and not emergency or other medically necessary (ii) The basis for calculating amounts any U.S. territory or foreign country. care than AGB. charged to patients; References to a hospital facility taking (20) Primary payer means a health (iii) The method for applying for actions include instances in which the insurer (whether a private health insurer financial assistance; hospital organization operating the or a public payer such as Medicare) that (iv) In the case of a hospital facility hospital facility takes action through or pays first on a claim for medical care that does not have a separate billing and on behalf of the hospital facility. (usually after a deductible has been paid collections policy, the actions that may (16) Hospital organization means an by the insured) up to the limits of the be taken in the event of nonpayment; organization recognized (or seeking to policy or program, regardless of other and be recognized) as described in section insurance coverage the insured may (v) Measures to widely publicize the 501(c)(3) that operates one or more have. Primary payers are distinguished FAP within the community served by hospital facilities, including a hospital from secondary payers that pay second the hospital facility. facility operated through a disregarded on a claim for medical care to the extent (2) Eligibility criteria and basis for entity. payment has not been made by the calculating amounts charged to (17) Medicare fee-for-service means primary payer. patients—(i) In general. To satisfy health insurance available under (21) Private health insurer means any paragraphs (b)(1)(i) and (b)(1)(ii) of this Medicare Part A and Part B of Title organization that offers insurance for section, the FAP must— XVIII of the Social Security Act. medical care that is not a governmental (A) Specify all financial assistance (18) Notification period means the unit described in section 170(c)(1). For available under the FAP, including all period during which a hospital facility purposes of § 1.501(r)–5(b), claims paid discount(s) and free care and, if must notify an individual about its FAP under Medicare Advantage (Part C of applicable, the amount(s) (for example, in accordance with § 1.501(r)–6(c)(2) in Title XVIII of the Social Security Act) gross charges) to which any discount order to have made reasonable efforts to are treated as claims paid by a private percentages will be applied; determine whether the individual is health insurer. (B) Specify all of the eligibility criteria FAP-eligible. With respect to any care (22) Referring an individual’s debt to that an individual must satisfy to provided by a hospital facility to an a debt collection agency or other party receive each such discount, free care, or individual, the notification period includes contracting with, delegating, or other level of assistance; (C) State that following a begins on the first date care is provided otherwise using the debt collection determination of FAP-eligibility, a to the individual and ends on the 120th agency or other party to collect amounts FAP-eligible individual will not be day after the hospital facility provides owed by the individual to the hospital charged more for emergency or other the individual with the first billing facility while still maintaining medically necessary care than the statement for the care. ownership of the debt. Par. 4. Sections 1.501(r)–2 and amounts generally billed to individuals (19) Plain language summary means a 1.501(r)–3 are added and reserved to who have insurance covering such care written statement that notifies an read as follows: (AGB); individual that the hospital facility (D) Describe which method under offers financial assistance under a FAP § 1.501(r)–2 Failures to satisfy section § 1.501(r)–5(b) the hospital facility uses and provides the following additional 501(r) requirements. [Reserved]. to determine AGB; and information in language that is clear, (E) If the hospital facility uses the concise, and easy to understand— § 1.501(r)–3 Community health needs assessments. [Reserved]. look-back method described in (i) A brief description of the eligibility Par. 5. Sections 1.501(r)–4, 1.501(r)–5, § 1.501(r)–5(b)(1) to determine AGB, requirements and assistance offered 1.501(r)–6, and 1.501(r)–7 are added to either state the hospital facility’s AGB under the FAP; read as follows: percentage(s) and describe how the (ii) The direct Web site address (or hospital facility calculated such URL) and physical location(s) § 1.501(r)–4 Financial assistance policy percentage(s) or explain how members (including a room number, if applicable) and emergency medical care policy. of the public may readily obtain this where the individual can obtain copies (a) In general. A hospital organization information in writing and free of of the FAP and FAP application form; meets the requirements of section charge.
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(ii) Examples. The following FAP states, further, that Q calculated the Q’s FAP also contains a statement that no examples illustrate this paragraph (b)(2): AGB percentage of 50 percent based on all FAP-eligible individual will be charged more claims paid in full to Q by Medicare and for emergency or other medically necessary Example 1. Q is a hospital facility that private health insurers and the individuals care than AGB because Q’s AGB percentage establishes a FAP that provides assistance to they insured over a specified 12-month is 50 percent of gross charges and the most all uninsured and underinsured individuals period, divided by the associated gross a FAP-eligible individual will be charged is whose family income is less than or equal to charges for those claims. Q’s FAP contains 50 percent of gross charges. Q’s FAP satisfies x% of the Federal Poverty Level (FPL), with the following chart, specifying each discount the level of discount for which an individual the requirements of this paragraph (b)(2). available under the FAP, the amounts (gross Example 2. R is a hospital facility that is eligible under Q’s FAP determined based charges) to which these discounts will be upon the individual’s family income as a establishes a FAP that provides assistance applied, and the specific eligibility criteria based on household income. R’s FAP defines percentage of FPL. Q’s FAP defines the for each such discount: meaning of ‘‘uninsured,’’ ‘‘underinsured,’’ the meaning of ‘‘household income’’ and ‘‘family income,’’ and ‘‘Federal Poverty specifies that all emergency and other Discount off medically necessary care provided by R is Level’’ and specifies that all emergency and Family income as % of FPL of gross other medically necessary care provided by charges covered under the FAP. R’s FAP contains the Q is covered under the FAP. Q’s FAP also following chart, specifying the assistance states that Q determines AGB by multiplying >y%–x% ...... 50%. available under the FAP and the specific the gross charges for any emergency or other >z%–y% ...... 75%. eligibility criteria for each level of assistance medically necessary care it provides to a ≤z% ...... Free. offered, which R updates occasionally to FAP-eligible individual by 50 percent. The account for inflation:
Household income Maximum amount individual will be responsible for paying
>$b–$a ...... 40% of gross charges, up to the lesser of AGB or x% of annual household income. >$c–$b ...... 20% of gross charges, up to the lesser of AGB or y% of annual household income. ≤$c ...... $0 (free).
R’s FAP contains a statement that no FAP- applicant’s failure to provide or a separate written billing and eligible individual will be charged more for information or documentation that the collections policy established by the emergency or other medically necessary care hospital facility’s FAP or FAP hospital facility must describe— than AGB. R’s FAP also states that R determines AGB by multiplying the gross application form does not require an (A) Any actions that the hospital charges for any emergency or other medically individual to submit as part of a FAP facility (or other authorized party) may necessary care it provides by AGB application. take relating to obtaining payment of a percentages, which are based on claims paid (ii) Example. The following example bill for medical care, including, but not under Medicare. In addition, the FAP illustrates this paragraph (b)(3): limited to, any extraordinary collection provides a web address individuals can visit, Example. S is a hospital facility with a FAP actions described in § 1.501(r)–6(b); and a telephone number they can call, if they that bases eligibility solely on an individual’s would like to obtain an information sheet household income. S’s FAP provides that an (B) The process and time frames the stating R’s AGB percentages and explaining individual may apply for financial assistance hospital facility (or other authorized how these AGB percentages were calculated. by completing and submitting S’s FAP party) uses in taking the actions This information sheet, which R makes application form. S’s FAP also describes how described in paragraph (b)(4)(i)(A) of available on its Web site and provides to any individuals can obtain copies of the FAP this section, including, but not limited individual who requests it, states that R’s application form. S’s FAP application form AGB percentages are 35 percent of gross to, the reasonable efforts it will make to contains lines on which the applicant lists all charges for inpatient care and 60 percent of determine whether an individual is items of household income received by the gross charges for outpatient care. It also states FAP-eligible before engaging in any applicant’s household over the last three that these percentages were based on all extraordinary collection actions, as months and the names of the applicant’s claims paid to R for emergency or other household members. The instructions to S’s described in § 1.501(r)–6(c); and medically necessary inpatient and outpatient FAP application form tell applicants where care by Medicare and Medicare beneficiaries (C) The office, department, to submit the application and provide that an over a specified 12-month period, divided by committee, or other body with the final applicant must attach to his or her FAP the associated gross charges for those claims. authority or responsibility for application form proof of household income R’s FAP satisfies the requirements of this determining that the hospital facility in the form of the applicant’s most recent paragraph (b)(2). federal tax return, payroll check stubs from has made reasonable efforts to (3) Method for applying for financial the last three months, documentation of the determine whether an individual is assistance—(i) In general. To satisfy applicant’s qualification for certain specified FAP-eligible and may therefore engage paragraph (b)(1)(iii) of this section, a state means-tested programs, or other reliable in extraordinary collection actions hospital facility’s FAP must describe evidence of the applicant’s earned and against the individual. how an individual applies for financial unearned household income. S does not (ii) Separate billing and collections require FAP applicants to submit any assistance under the FAP. In addition, information or documentation not mentioned policy. In the case of a hospital facility either the hospital facility’s FAP or FAP in the FAP application form instructions. S’s that satisfies paragraph (b)(1)(iv) of this application form (including FAP application form instructions also section by establishing a separate accompanying instructions) must provide the contact information of hospital written billing and collections policy, describe the information and facility staff who can provide an applicant the hospital facility’s FAP must state documentation the hospital facility may with information about the FAP and FAP that the actions the hospital facility may require an individual to submit as part application process. S’s FAP satisfies the take in the event of nonpayment are of his or her FAP application and requirements of this paragraph (b)(3). described in a separate billing and provide the contact information (4) Actions that may be taken in the collections policy and explain how described in § 1.501(r)–1(b)(19)(iv). The event of nonpayment—(i) In general. To members of the public may readily hospital facility may not deny financial satisfy paragraph (b)(1)(iv) of this obtain a free copy of this separate assistance under the FAP based on an section, either a hospital facility’s FAP policy.
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(5) Widely publicizing the FAP—(i) In language summary of the FAP widely that explains the various discounts available general. To satisfy paragraph (b)(1)(v) of available on a Web site only if— under Z’s FAP and the specific eligibility this section, a FAP must include, or (A) The hospital facility criteria for each such discount. This web explain how members of the public may conspicuously posts complete and page also provides a telephone number and room number of Z that individuals can call readily obtain a free written description current versions of these documents in or visit for more information about the FAP, of, measures taken by the hospital English and in the primary language of as well as the name and contact information facility to— any populations with limited of a few nonprofit organizations and (A) Make the FAP, FAP application proficiency in English that constitute government agencies that Z has identified as form, and a plain language summary of more than 10 percent of the residents of capable and available sources of assistance the FAP (as defined in § 1.501(r)– the community served by the hospital with FAP applications. In addition, the web 1(b)(19)) widely available on a Web site, facility on— page contains prominently-displayed links as described in paragraph (b)(5)(iv) of (1) The hospital facility’s Web site; that allow readers to download PDF files of the FAP and the FAP application form, free this section; (2) If the hospital facility does not of charge. Z provides any individual who (B) Make paper copies of the FAP, have its own Web site separate from the asks how to access a copy of the FAP, FAP FAP application form, and plain hospital organization that operates it, application form, or plain language summary language summary of the FAP available the hospital organization’s Web site; or of the FAP online with the URL of this web upon request and without charge, both (3) A Web site established and page. Z’s FAP includes measures to make the in public locations in the hospital maintained by another entity, but only FAP widely available on a Web site within facility and by mail, in English and in if the Web site of the hospital facility or the meaning of paragraph (b)(5)(i)(A) of this the primary language of any populations hospital organization (if the facility or section. organization has a Web site) provides a (ii) Z’s FAP also states that Z will make with limited proficiency in English that paper copies of the FAP, FAP application constitute more than 10 percent of the conspicuously-displayed link to the web form, and plain language summary of the residents of the community served by page on which the document is posted, FAP available upon request and without the hospital facility; along with clear instructions for charge, both by mail and in its billing office, (C) Inform and notify visitors to the accessing the document on that Web admissions and registrations areas, and hospital facility about the FAP through site; emergency room, and will inform and notify conspicuous public displays or other (B) Any individual with access to the visitors to the hospital facility about the FAP measures reasonably calculated to Internet can access, download, view, in these same locations using signs and brochures. In accordance with its FAP, Z attract visitors’ attention; and and print a hard copy of these documents without requiring special conspicuously displays a sign in large font (D) Inform and notify residents of the regarding the FAP in its billing office, community served by the hospital computer hardware or software (other admissions and registrations areas, and facility about the FAP in a manner than software that is readily available to emergency room. The sign says: ‘‘Uninsured? reasonably calculated to reach those members of the public without payment Having trouble paying your hospital bill? members of the community who are of any fee) and without payment of a fee You may be eligible for financial assistance.’’ most likely to require financial to the hospital facility, hospital The sign also provides the URL of the Web assistance. organization, or other entity maintaining page where Z’s FAP and FAP application (ii) Meaning of inform and notify. For the Web site; and form can be accessed. In addition, the sign provides a telephone number and room purposes of paragraphs (b)(5)(i)(C) and (C) The hospital facility provides any individual who asks how to access a number of Z that individuals can call or visit (b)(5)(i)(D) of this section, a measure with questions about the FAP or the FAP will inform and notify visitors to a copy of the FAP, FAP application form, application process. Underneath each sign, Z hospital facility or residents of a or plain language summary of the FAP conspicuously displays copies of a brochure community about the hospital facility’s online with the direct Web site address, that contains all of the information required FAP if the measure, at a minimum, or URL, of the web page on which these to be included in a plain language summary notifies the reader or listener that the documents are posted. of the FAP (as defined in § 1.501(r)–1(b)(19)). hospital facility offers financial (v) Limited English proficient Z makes these brochures available in assistance under a FAP and informs him populations. For purposes of paragraphs quantities sufficient to meet visitor demand. Z also makes paper copies of its FAP and or her about how or where to obtain (b)(5)(i)(B) and (b)(5)(iv)(A) of this section, a hospital facility may FAP application form available upon request more information about the FAP. and without charge in these same locations (iii) Meaning of reasonably determine whether any language and by mail. Z’s FAP includes measures to calculated. Whether one or more minority with limited proficiency in widely publicize the FAP within the meaning measures to widely publicize a hospital English constitutes more than 10 of paragraphs (b)(5)(i)(B) and (b)(5)(i)(C) of facility’s FAP are reasonably calculated percent of the residents of the this section. to inform and notify visitors to a community served by the hospital (iii) In addition, Z’s FAP states that Z will hospital facility or residents of a facility based on the latest data available inform and notify members of the community from the U.S. Census Bureau or other served by the hospital facility about the FAP community about the hospital facility’s through its quarterly newsletter and by FAP in the manner described in similarly reliable data. (vi) Examples. The following distributing copies of its FAP brochures to paragraphs (b)(5)(i)(C) and (b)(5)(i)(D) of physicians and local nonprofit organizations this section will depend on all of the examples illustrate this paragraph (b)(5): and public agencies that address the health facts and circumstances, including the Example 1. (i) Z is a hospital facility whose needs of low-income people. In accordance primary language(s) spoken by the FAP states that Z will make its FAP, FAP with its FAP, Z distributes copies of the residents of the community served by application form, and a plain language brochure and its FAP application form to all the hospital facility and other attributes summary of its FAP widely available through of its referring staff physicians and to the of the community and the hospital its Web site. In accordance with its FAP, the community health centers serving its community. Z also distributes copies of these facility. home page and main billing page of Z’s Web site conspicuously display the following documents to the local health department (iv) Widely available on a Web site. message: ‘‘Need help paying your bill? You and to numerous public agencies and For purposes of paragraph (b)(5)(i)(A) of may be eligible for financial assistance. Click nonprofit organizations in its community that this section, a hospital facility makes its here for more information.’’ When readers address the health issues and other needs of FAP, FAP application form, and plain click on the link, they are taken to a web page low-income populations, in quantities
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sufficient to meet demand. In addition, every (6) Readily obtainable information. or permitting debt collection activities in the issue of the quarterly newsletter that Z mails For purposes of this paragraph (b), emergency department or in other areas of to the individuals in its customer database members of the public may readily the hospital facility where such activities contains a prominently-displayed obtain information if a hospital facility could interfere with the provision, without advertisement informing readers that Z offers discrimination, of emergency medical care. financial assistance and that people having makes the information available free of F’s emergency medical care policy is trouble paying their hospital bills may be charge both on a Web site and in writing described in paragraph (c)(1) of this section. eligible for financial assistance. The upon request in a manner similar to that Example 2. G is a rehabilitation hospital advertisement also provides readers with the described in paragraphs (b)(5)(i)(A) and facility. G does not have a dedicated URL of the Web page where Z’s FAP and FAP (b)(5)(i)(B) of this section. emergency department, nor does it have application form can be accessed and a (c) Emergency medical care policy— specialized capabilities that would make it telephone number and room number of Z (1) In general. To satisfy paragraph (a)(2) appropriate to accept transfers of individuals that individuals can call or visit with who need stabilizing treatment for an of this section, a hospital facility must emergency medical condition. G establishes questions about the FAP or the FAP establish a written policy that requires application process. Z’s FAP includes a written emergency medical care policy that measures to widely publicize its FAP within the hospital facility to provide, without addresses how it appraises emergencies, the meaning of paragraph (b)(5)(i)(D) of this discrimination, care for emergency provides initial treatment, and refers or section. medical conditions to individuals transfers an individual to another facility, (iv) Because Z’s FAP includes measures to regardless of whether they are FAP- when appropriate, in a manner that complies widely publicize the FAP described in eligible. with 42 CFR 482.12(f)(2) (or any successor paragraphs (b)(5)(i)(A), (b)(5)(i)(B), (2) Interference with provision of regulation). G’s emergency medical care (b)(5)(i)(C), and (b)(5)(i)(D) of this section, Z’s emergency medical care. A hospital policy also states that G prohibits any actions FAP meets the requirements of this that would discourage individuals from facility’s emergency medical care policy seeking emergency medical care, such as by paragraph (b)(5). will not be described in paragraph (c)(1) Example 2. Assume the same facts as permitting debt collection activities in any Example 1, except that Z serves a community of this section unless it prohibits the areas of the hospital facility where such in which 11 percent of the residents speak hospital facility from engaging in activities could interfere with the provision, Spanish and have limited proficiency in actions that discourage individuals from without discrimination, of emergency English. Z’s FAP states that Z will provide all seeking emergency medical care, such medical care. G’s emergency medical care of the information described in Example 1, as by demanding that emergency policy is described in paragraph (c)(1) of this section. including the FAP itself, in both Spanish and department patients pay before English. In accordance with its FAP, Z receiving treatment for emergency (d) Establishing the FAP and other translates its FAP, FAP application form, and medical conditions or by permitting policies—(1) In general. A hospital FAP brochure (which constitutes a plain debt collection activities in the organization has established a FAP, a language summary of the FAP) into Spanish, billing and collections policy, or an and displays and distributes Spanish emergency department or in other areas versions of these documents in its hospital of the hospital facility where such emergency medical care policy for a facility and in the Spanish-speaking portions activities could interfere with the hospital facility only if an authorized of the community it serves, using all of the provision, without discrimination, of body of the hospital organization has measures described in Example 1. Moreover, emergency medical care. adopted the policy for the hospital the home page and main billing page of Z’s (3) Relation to federal law governing facility and the hospital facility has Web site conspicuously display an ‘‘¿Habla emergency medical care. Subject to implemented the policy. Espan˜ ol?’’ link that takes readers to a Web paragraph (c)(2) of this section, a (2) Authorized body. For purposes of page that summarizes the FAP in Spanish hospital facility’s emergency medical this paragraph (d), an authorized body and contains links that allow readers to care policy will be described in of a hospital organization means— download PDF files of the Spanish versions paragraph (c)(1) of this section if it (i) The governing body (that is, the of the FAP and FAP application form, free of board of directors, board of trustees, or charge. Z’s FAP meets the requirements of requires the hospital facility to provide this paragraph (b)(5) by including measures the care for emergency medical equivalent controlling body) of the to widely publicize the FAP within the conditions that the hospital facility is hospital organization; community served by Z. required to provide under Subchapter G (ii) A committee of the governing Example 3. Assume the same facts as of Chapter IV of Title 42 of the Code of body, which may be composed of any Example 1, except that instead of including Federal Regulations (or any successor individuals permitted under state law to generalized summaries of the measures Z regulations). serve on such a committee, to the extent will take to widely publicize its FAP in the (4) Examples. The following examples that the committee is permitted by state FAP itself, Z’s FAP states that a task force illustrate this paragraph (c): law to act on behalf of the governing established by Z with control over a set body; budget will meet at least annually to develop Example 1. F is a hospital facility with a (iii) To the extent permitted under and adopt a plan to widely publicize Z’s dedicated emergency department that is state law, other parties authorized by FAP. The FAP further states that the task subject to the Emergency Medical Treatment force will summarize this plan in a one-page and Labor Act (EMTALA) and is not a critical the governing body of the hospital information sheet that will be made available access hospital. F establishes a written organization to act on its behalf; or upon request in Z’s billing office and posted emergency medical care policy requiring F to (iv) In the case of a hospital facility on the Web page through which Z makes its comply with EMTALA by providing medical (operated by the hospital organization) FAP and FAP application form widely screening examinations and stabilizing that has its own governing body and is available. In year 1, the task force considers treatment and referring or transferring an recognized as an entity under state law the needs of Z’s patients and the surrounding individual to another facility, when but is a disregarded entity for federal tax community and adopts and implements a appropriate, and to provide emergency purposes, the governing body of that plan to take all of the measures described in services in accordance with 42 CFR 482.55 disregarded entity (or a committee of or Example 1. The task force prepares a one- (or any successor regulation). F’s emergency page information sheet summarizing this medical care policy also states that F other parties authorized by that plan that is made available as described in prohibits any actions that would discourage governing body as described in the FAP. Z’s FAP meets the requirements of individuals from seeking emergency medical paragraphs (d)(2)(ii) or (d)(2)(iii) of this this paragraph (b)(5) in year 1 by including care, such as by demanding that emergency section). measures to widely publicize the FAP within department patients pay before receiving (3) Implementing a policy. For the community served by Z. treatment for emergency medical conditions purposes of this paragraph (d), a
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hospital facility has implemented a either paragraph (b)(1)(i)(A) or primary payers over the immediately policy if the hospital facility has (b)(1)(i)(B) of this section that have been preceding calendar year. Y determines that it consistently carried out the policy. paid in full to the hospital facility received a total of $360 million on these (4) Establishing a policy for more than during a prior 12-month period by the claims from the private health insurers and one hospital facility. Although a Medicare and another $40 million from their sum of the associated gross charges for insured patients and Medicare beneficiaries hospital organization operating more those claims: in the form of deductibles, co-insurance, and than one hospital facility must (A) Claims paid by Medicare fee-for- co-payments. Y’s gross charges for these separately establish a FAP and service as the primary payer, including claims totaled $800 million. Y calculates that emergency medical care policy for each any associated portions of the claims its AGB percentage is 50 percent of gross hospital facility it operates, such paid by Medicare beneficiaries in the charges ($400 million/$800 million × 100). Y policies may contain the same operative form of co-insurance or deductibles; or determines AGB for any emergency or other terms. However, different AGB (B) Claims paid by both Medicare fee- medically necessary care it provides to a percentages and methods of determining for-service and all private health FAP-eligible individual between February 1 insurers as primary payers, together of year 1 (less than 45 days after the end of AGB and the unique attributes of the the 12-month claim period) and January 31 communities that different hospital with any associated portions of these of year 2 by multiplying the gross charges for facilities serve may require the hospital claims paid by Medicare beneficiaries or the care provided to the individual by 50%. facilities to include in their FAPs (or insured individuals in the form of co- Y has determined AGB in accordance with otherwise make available) different payments, co-insurance, or deductibles. this paragraph (b). information regarding AGB and (ii) One or multiple AGB percentages. Example 2. On September 20 of year 1, X, different measures to widely publicize A hospital facility’s AGB percentage a hospital facility, generates data on all the FAP in order to meet the that is calculated using the method claims paid to it in full for emergency or requirements of paragraphs (b)(2) and/or described in this paragraph (b)(1) may other medically necessary care by Medicare fee-for-service as the primary payer over the (b)(5) of this section. be one average percentage of gross charges for all emergency and other 12 months ending on August 31 of year 1. X § 1.501(r)–5 Limitation on charges. determines that, of these claims for inpatient medically necessary care provided by services, it received a total of $80 million (a) In general. A hospital organization the hospital facility. Alternatively, a from Medicare and another $20 million from meets the requirements of section hospital facility may calculate multiple Medicare beneficiaries in the form of co- 501(r)(5) with respect to a hospital AGB percentages for separate categories insurance or deductibles. X’s gross charges facility it operates if the hospital facility of care (such as inpatient and outpatient for these inpatient claims totaled $250 limits the amount charged for care it care or care provided by different million. Of the claims for outpatient services, provides to any individual who is departments) or for separate items or X received a total of $100 million from eligible for assistance under its financial services, as long as the hospital facility Medicare and another $25 million from assistance policy (FAP) to— calculates AGB percentages for all Medicare beneficiaries. X’s gross charges for these outpatient claims totaled $200 million. (1) In the case of emergency or other emergency and other medically medically necessary care, not more than X calculates that its AGB percentage for necessary care provided by the hospital inpatient services is 40 percent of gross the amounts generally billed to facility. charges ($100 million/$250 million × 100) individuals who have insurance (iii) Start date for applying AGB and its AGB percentage for outpatient covering such care (AGB), as percentages. For purposes of services is 62.5 percent of gross charges ($125 determined under paragraph (b) of this determining AGB under this paragraph million/$200 million × 100). Between section; and (b)(1), with respect to any AGB October 15 of year 1 (45 days after the end (2) In the case of all other medical percentage that a hospital facility has of the 12-month claim period) and October care, less than the gross charges for such calculated, the hospital facility must 14 of year 2, X determines AGB for any care, as described in paragraph (c) of emergency or other medically necessary begin applying the AGB percentage by inpatient care it provides to a FAP-eligible this section. the 45th day after the end of the 12- (b) Amounts generally billed. In order individual by multiplying the gross charges month period the hospital facility used for the inpatient care it provides to the to meet the requirements of paragraph in calculating the AGB percentage. individual by 40% and AGB for any (b)(1) of this section, a hospital facility (2) Prospective Medicare method. As emergency or other medically necessary must determine AGB for emergency or an alternative to the method described outpatient care it provides to a FAP-eligible other medically necessary care using a in paragraph (b)(1) of this section, a individual by multiplying the gross charges method described in either paragraph hospital facility may determine AGB for for the outpatient care it provides to the (b)(1) or (b)(2) of this section. A hospital any emergency or other medically individual by 62.5%. X has determined AGB facility may use only one of these necessary care provided to a FAP- in accordance with this paragraph (b). Example 3. Z is a hospital facility. methods to determine AGB. After eligible individual by using the billing choosing a particular method, a hospital Whenever Z provides emergency or other and coding process the hospital facility medically necessary care to a FAP-eligible facility must continue to use that would use if the FAP-eligible individual individual, Z determines the AGB for the method. were a Medicare fee-for-service care by using the billing and coding process (1) Look-back method—(i) In general. beneficiary and setting AGB for the care it would use if the individual were a A hospital facility may determine AGB at the amount the hospital facility Medicare fee-for-service beneficiary and for any emergency or other medically determines would be the amount setting AGB for the care at the amount it necessary care it provides to a FAP- Medicare and the Medicare beneficiary determines Medicare and the Medicare eligible individual by multiplying the together would be expected to pay for beneficiary together would be expected to hospital facility’s gross charges for the pay for the care. Z determines AGB in the care. accordance with this paragraph (b). care provided to the individual by one (3) Examples. The following examples or more percentages of gross charges illustrate this paragraph (b): (c) Gross charges. A hospital facility (AGB percentages). The hospital facility must charge a FAP-eligible individual Example 1. On January 15 of year 1, Y, a must calculate its AGB percentage(s) at hospital facility, generates data on all claims less than the gross charges for any least annually by dividing the sum of all paid to it in full for emergency or other medical care provided to that claims for emergency and other medically necessary care by all private health individual. However, a billing statement medically necessary care described in insurers and Medicare fee-for-service as issued to a FAP-eligible individual for
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medical care provided by a hospital reporting adverse information about the (D) Provides the individual with at facility may state the gross charges for individual to consumer credit reporting least one written notice that— such care as the starting point to which agencies or credit bureaus. For purposes (1) Informs the individual about the various contractual allowances, of this paragraph (b), actions that ECAs the hospital facility or other discounts, or deductions are applied, as require a legal or judicial process authorized party may take if the long as the actual amount the individual include, but are not limited to, actions individual does not submit a FAP is expected to pay is less than the gross to— application or pay the amount due by a charges for such care. (1) Place a lien on an individual’s deadline (specified in the notice) that is (d) Safe harbor for certain charges in property; no earlier than the last day of the excess of AGB. A hospital facility will (2) Foreclose on an individual’s real notification period; and be deemed to meet the requirements of property; (2) Is provided to the individual at paragraph (a) of this section, even if it (3) Attach or seize an individual’s least 30 days before the deadline charges more than AGB for emergency bank account or any other personal specified in the written notice. or other medically necessary care (or property; (ii) Notification when FAP application gross charges for any medical care) (4) Commence a civil action against is submitted. If an individual submits a provided to a FAP-eligible individual an individual; complete or incomplete FAP application if— (5) Cause an individual’s arrest; to a hospital facility during the (1) The FAP-eligible individual has (6) Cause an individual to be subject application period, the hospital facility not submitted a complete FAP to a writ of body attachment; and will be deemed to have notified the application to the hospital facility as of (7) Garnish an individual’s wages. individual about its FAP for purposes of the time of the charge; and (c) Reasonable efforts—(1) In general. paragraph (c)(1)(i) of this section as of (2) The hospital facility has made and With respect to any care provided by a the day the application is submitted. continues to make reasonable efforts to hospital facility to an individual, the However, to have made reasonable determine whether the individual is hospital facility will have made efforts to determine whether such an FAP-eligible, as described in § 1.501(r)– reasonable efforts to determine whether individual is FAP-eligible, the hospital 6(c), during the applicable time periods the individual is FAP-eligible only if the facility must meet the requirements of described in that section (including by hospital facility— paragraphs (c)(3) and (c)(4) of this correcting the amount charged if the (i) Notifies the individual about its section, as applicable. individual is subsequently found to be FAP during the notification period (as (iii) When no FAP application is FAP-eligible). defined in § 1.501(r)–1(b)(18)), as submitted. If an individual fails to described in paragraph (c)(2) of this submit a FAP application during the § 1.501(r)–6 Billing and collection. section; notification period (or, if later, by the (a) In general. A hospital organization (ii) In the case of an individual who deadline specified in the written notice meets the requirements of section submits an incomplete FAP application described in paragraph (c)(2)(i)(D) of 501(r)(6) with respect to a hospital during the application period (as this section) and the hospital facility has facility it operates if the hospital facility defined in § 1.501(r)–1(b)(3)), meets the notified (and documented that it has does not engage in extraordinary requirements described in paragraph notified) the individual as described in collection actions (ECAs), as defined in (c)(3) of this section; and paragraph (c)(2)(i) of this section, the paragraph (b) of this section, against an (iii) In the case of an individual who hospital facility will have satisfied individual before the hospital facility submits a complete FAP application paragraph (c)(1)(i) of this section. Until has, consistent with paragraph (c) of this during the application period, meets the and unless the individual subsequently section, made reasonable efforts to requirements described in paragraph submits a FAP application during the determine whether the individual is (c)(4) of this section. remainder of the application period, eligible for assistance under its financial (2) Notification—(i) In general. Except paragraphs (c)(1)(ii) and (c)(1)(iii) do not assistance policy (FAP). For purposes of as provided in paragraph (c)(2)(ii) of this apply. As a result, the hospital facility this section, with respect to any debt section, with respect to any care will have made reasonable efforts to owed by an individual for care provided provided by a hospital facility to an determine whether the individual is by a hospital facility— individual, a hospital facility will have FAP-eligible and may engage in one or (1) ECAs against the individual notified the individual about its FAP for more ECAs against the individual. include ECAs against any other purposes of paragraph (c)(1)(i) of this (iv) Example. The following example individual who has accepted or is section only if the hospital facility— illustrates this paragraph (c)(2): required to accept responsibility for the (A) Distributes a plain language individual’s hospital bills; and summary of the FAP (as defined in Example. Individual A receives care from (2) The hospital facility will be § 1.501(r)–1(b)(19)) and offers a FAP hospital facility T on February 1 and February 2. When A is discharged from T on deemed to have engaged in an ECA application form to the individual February 2, T gives A its FAP application against the individual if any purchaser before discharge from the hospital form and a plain language summary of its of the individual’s debt or any debt facility; FAP. On March 1, April 15, and May 30, T collection agency or other party to (B) Includes a plain language sends A billing statements that include a one- which the hospital facility has referred summary of the FAP with all (and at page insert that provides a plain language the individual’s debt has engaged in an least three) billing statements for the summary of the FAP. With the May 30 billing ECA against the individual. care and all other written statement, T also includes a letter that (b) Extraordinary collection actions. communications regarding the bill informs A that if she does not pay the ECAs are actions taken by a hospital provided to the individual during the amount owed or submit a FAP application facility against an individual related to notification period; form by June 29 (120 days after the first billing statement was provided on March 1), obtaining payment of a bill for care (C) Informs the individual about the T may report A’s delinquency to credit covered under the hospital facility’s FAP in all oral communications with reporting agencies, seek to obtain a judgment FAP that require a legal or judicial the individual regarding the amount due against A, and, if such a judgment is process or involve selling an for the care that occur during the obtained, seek to attach and seize A’s bank individuals’ debt to another party or notification period; and account or other personal property, which
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are the only ECAs that T (or any party to (iii) FAP application not completed by that applicants must provide to verify their which T refers A’s debt) may take in the completion deadline. If an household income. Upon discharge, U’s staff accordance with T’s billing and collections individual who submits an incomplete gives B a plain language summary of the FAP policy. T does not have any other written or FAP application to a hospital facility and a copy of its FAP application form. On oral communications with A about her bill January 20, B submits a FAP application form before June 29. T keeps electronic records during the application period fails to to U indicating that he has household income showing that it provided a plain language complete the FAP application by the of less than $y. The FAP application form summary and FAP application to A on completion deadline and the hospital includes all of the required income discharge and included the letter regarding facility has met the requirements information, but B fails to attach the required ECAs and the plain language summaries with described in paragraph (c)(3)(i) of this documentation verifying household income. the billing statements sent to A. A does not section, the hospital facility will have On February 1, U sends B the first billing submit a FAP application form by June 29. made reasonable efforts to determine statement for the care and includes with the T has made reasonable efforts to determine whether the individual is FAP-eligible statement another plain language summary of whether A is FAP-eligible, and thus may and may initiate or resume ECAs against the FAP. U also includes with the billing engage in ECAs against A, as of June 30. statement a letter informing B that the the individual after the completion income information he provided on his FAP (3) Incomplete FAP applications—(i) deadline. application form indicates that he may be In general. With respect to any care (iv) Examples. The following eligible to pay only x% of the amount stated provided by a hospital facility to an examples illustrate this paragraph (c)(3): on the billing statement if he can provide individual, if the individual submits an Example 1. (i) Assume the same facts as documentation that verifies his household incomplete FAP application during the the example in paragraph (c)(2)(iv) of this income. In addition, this letter describes the application period, the hospital facility section and the following additional facts: A type of documentation (also described in the will have made reasonable efforts to submits an incomplete FAP application to T instructions to U’s FAP application form) determine whether the individual is on October 13, two weeks before the last day that B needs to provide to complete his FAP FAP-eligible only if the hospital of the application period on October 27 (240 application. By August 30, B has not provided the missing documentation. U facility— days after the first billing statement was provided on March 1). Eligibility for sends B a written notice on August 30 (A) Suspends any ECAs against the assistance under T’s FAP is based solely on informing him about the ECAs U (or any individual as described in paragraph an individual’s family income and the other authorized party) may initiate against B (c)(5) of this section; instructions to T’s FAP application form if B does not submit the missing (B) Provides the individual with a require applicants to attach certain documentation or pay the amount due by written notice that describes the documentation verifying family income to September 29 (240 days after the first billing additional information and/or their application forms. The FAP application statement was provided on February 1 and documentation required under the FAP form that A submits to T on October 13 the last day of the application period). B fails includes all of the required income to provide the missing documentation by or FAP application form that the information, but A fails to attach the required September 29. U has made reasonable efforts individual must submit to the hospital documentation verifying her family income. to determine whether B is FAP-eligible, and facility to complete his or her FAP After receiving A’s incomplete FAP thus many engage in ECAs against B, as of application and includes a plain application on October 13, T does not initiate September 30. language summary of the FAP with this any new ECAs against A and does not take (4) Complete FAP applications—(i) In notice; and any further action on the ECAs T previously initiated against A. On October 15, a member general. With respect to any care (C) Provides the individual with at provided by a hospital facility to an least one written notice that— of T’s staff calls A to inform her that she failed to attach any of the required individual, if the individual submits a (1) Informs the individual about the documentation of her family income and complete FAP application during the ECAs the hospital facility or other explain what kind of documentation A needs application period, the hospital facility authorized party may initiate or resume to submit and how she can submit it. On will have made reasonable efforts to if the individual does not complete the October 16, T sends a letter to A explaining determine whether the individual is FAP application or pay the amount due the kind of documentation of family income FAP-eligible only if the hospital facility by a completion deadline (specified in that A must provide to T to complete her application and informing A about the ECAs does the following in a timely manner— the notice) that is no earlier than the (A) Suspends any ECAs against the later of the last day of the application that T (or any other authorized party) may initiate or resume against A if A does not individual as described in paragraph period or 30 days after the hospital submit the missing documentation or pay the (c)(5) of this section; facility provides the individual with the amount due by November 15 (30 days after (B) Makes and documents a written notice; and October 16). T includes a plain language determination as to whether the (2) Is provided to the individual at summary of the FAP with the letter. T has individual is FAP-eligible; least 30 days before the completion met the requirements of this paragraph (c)(3). (C) Notifies the individual in writing deadline. (ii) On November 15, A provides T with of the eligibility determination (ii) FAP application completed by the the missing documentation. Because A provides the missing documentation by the (including, if applicable, the assistance completion deadline. If an individual completion deadline, she has submitted a for which the individual is eligible) and who has submitted an incomplete FAP complete FAP application during the the basis for this determination; application during the application application period. As a result, to have made (D) If the hospital facility determines period completes the FAP application reasonable efforts to determine whether A is the individual is FAP-eligible, does the by the completion deadline, the FAP-eligible, T must assess the following— individual will be considered to have documentation to determine whether A is (1) Provides the individual with a submitted a complete FAP application FAP-eligible and otherwise meet the billing statement that indicates the during the application period, and the requirements for complete FAP applications amount the individual owes as a FAP- hospital facility will therefore only have described in paragraph (c)(4) of this section. eligible individual and shows, or Example 2. Individual B receives care from made reasonable efforts to determine hospital facility U on January 10. U has describes how the individual can get whether the individual is FAP-eligible if established a FAP that provides assistance to information regarding, the AGB for the it meets the requirements for complete all individuals whose household income is care and how the hospital facility FAP applications described in less than $y, and the instructions to U’s FAP determined the amount the individual paragraph (c)(4) of this section. application form specify the documentation owes as a FAP-eligible individual;
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(2) If the individual has made meets the requirements described in FPL. W has made reasonable efforts to payments to the hospital facility (or any paragraph (c)(4)(i) of this section. determine whether C is FAP-eligible as of other party) for the care in excess of the (v) Examples. The following examples October 1. amount he or she is determined to owe illustrate this paragraph (c)(4): Example 3. E, an individual, receives care from P, a hospital facility, in February. P as a FAP-eligible individual, refunds Example 1. V is a hospital facility with a provides E with the first billing statement for those excess payments; and FAP under which the specific assistance for the care on March 1. P notifies E about its (3) Takes all reasonably available which an individual is eligible depends FAP as described in paragraph (c)(2)(i) of this measures to reverse any ECA (with the exclusively upon that individual’s household section, but E fails to submit a FAP exception of a sale of debt) taken against income. The most generous assistance offered application by P’s specified deadline of June the individual to collect the debt at for care under V’s FAP is 90 percent off of 30 (120 days after the initial March 1 billing issue; such reasonably available gross charges up to a maximum amount due statement and the last day of the notification measures generally include, but are not of $1,000. On March 3, D, an individual, period). In September, P seeks and obtains a limited to, measures to vacate any receives care from V, the gross charges for judgment against E, in which the court which are $500. Although D does not submit judgment against the individual, lift any determines that E owes P $1,200 for the care a FAP application to V, V learns that D is P provided and states that E has 30 days to lien or levy on the individual’s eligible for certain benefits under a state pay this amount. E does not pay any of the property, and remove from the program that bases eligibility on household $1,200 in 30 days. By October 20, P has individual’s credit report any adverse income. Based on this knowledge, V seized E’s bank account and obtained a total information that was reported to a determines that D is eligible under V’s FAP of $450 in funds from the account. E submits consumer reporting agency or credit to receive the most generous assistance under a complete FAP application to P on October bureau. the FAP, resulting in D owing $50 (90 20, before the last day of the application (ii) Determination based on complete percent off of the $500 in gross charges) for period on October 27 (240 days after the FAP applications. If a hospital facility the March 3 care. V documents this initial March 1 billing statement). Upon has met the requirements described in determination, and, on March 21, sends D a receiving this application, P does not seize paragraph (c)(4)(i) of this section and billing statement that informs him that V any additional funds from E’s bank account determined he was eligible for the 90% and also does not initiate any additional not violated the anti-abuse rule discount based on his eligibility for the ECAs against E. P promptly examines the described in paragraph (c)(4)(iii) of this benefits under the state program and the fact application and determines that E is eligible section, the hospital facility has made that his bill, after the discount, was not more under P’s FAP to receive a discount that reasonable efforts to determine whether than $1,000. This billing statement indicates results in E only owing $150 for the care she the individual is FAP-eligible and may an amount owed of $50, shows that V arrived received. P also determines that the AGB for initiate or resume ECAs against the at $50 by applying a 90 percent discount to the care is $500. P documents this individual. To have made reasonable the gross charges for the care, and provides determination, seeks to vacate the judgment efforts to determine the FAP-eligibility a telephone number D can call to obtain the against E, lifts the levy on E’s bank account, of an individual who has submitted a AGB for the care he received. V has made and sends E a letter that informs her about complete FAP application during the reasonable efforts to determine whether D is the FAP discount for which she is eligible FAP-eligible as of March 21. and explains the basis for this eligibility application period, the hospital facility Example 2. Individual C receives care from determination. P includes with this letter a must meet the requirements described hospital facility W on September 1. W has check for $300 (the $450 that P seized from in this paragraph (c)(4) regardless of established a FAP that provides assistance E’s bank account minus the $150 that E owes whether the hospital facility has only to individuals whose family income is as a FAP-eligible individual) and a billing previously made such reasonable efforts less than or equal to x% of the Federal statement that indicates a $300 refund, shows under paragraphs (c)(2)(iii) or (c)(3)(iii) Poverty Level (FPL), which, in the case of C’s how P applied the FAP discount for which of this section. family size, is $y. Upon discharge, W’s staff E is eligible to arrive at an amount owed of (iii) Anti-abuse rule for complete FAP gives C a plain language summary of the FAP $150, and states that the AGB for the care is applications. A hospital facility will not and a FAP application form and informs C $500. P has made reasonable efforts to have made reasonable efforts to that if she needs assistance in filling out the determine whether E is FAP-eligible. determine whether an individual is form, W has a social worker on staff who can Example 4. R, a hospital facility, has assist her. C expresses interest in getting established a FAP that provides financial FAP-eligible if the hospital facility bases assistance with a FAP application while she assistance only to individuals whose family its determination that the individual is is still on site and is directed to K, one of W’s income is less than or equal to x% of the not FAP-eligible on information that the social workers. K explains the eligibility Federal Poverty Level (FPL), as based on hospital facility has reason to believe is criteria in W’s FAP to C, and C realizes that their prior year’s federal tax return. unreliable or incorrect or on information to determine her family income as a Individual L receives care from R. While L obtained from the individual under percentage of FPL she needs to look at her is being discharged from R, she is duress or through the use of coercive prior year’s tax returns. On September 20, approached by M, an employee of a debt practices. For purposes of this after returning home and obtaining the collection company that has a contract with paragraph (c)(4)(iii), a coercive practice necessary information, C submits a FAP R to handle all of R’s patient billing. M asks application to W that contains all of the L for her family income information, telling includes delaying or denying emergency information and documentation required in L that this information is needed to medical care to an individual until the the FAP application form instructions. W’s determine whether L is eligible for financial individual has provided the requested staff promptly examines C’s FAP application assistance. L tells M that she does not know information. and, based on the information and what her family income is and would need (iv) Presumptive eligibility permitted. documentation therein, determines that C’s to consult her tax returns to determine it. M A hospital facility will have made family income is well in excess of $y. On tells L that she can just provide a ‘‘rough reasonable efforts to determine whether October 1, W sends C her first billing estimate’’ of her family income. L states that an individual is FAP-eligible if the statement for the care she received on her family income may be around $y, an hospital facility determines that the September 1. With the billing statement, W amount slightly above the amount that would individual is eligible for the most includes a letter informing C that she is not allow her to qualify for financial assistance. eligible for financial assistance because her M enters $y on the income line of a FAP generous assistance (including free care) FAP application indicates that she has family application form with L’s name on it and available under the FAP based on income in excess of x% of FPL ($y for a marks L as not FAP-eligible. Based on M’s information other than that provided by family the size of C’s family) and W only information collection, R determines that L is the individual as part of a complete FAP provides financial assistance to individuals not FAP-eligible and notifies L of this application and the hospital facility with family income that is less than x% of determination with her first billing
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statement. Because M had reason to believe individual’s debt to another party paragraph (c)(4)(i)(D)(3) of this section; that the income estimate provided by L was during the application period, the and unreliable, R has violated the anti-abuse rule hospital facility will have made (iv) If the party refers or sells the debt described in paragraph (c)(4)(iii) of this reasonable efforts to determine whether to yet another party during the section. Thus, R has not made reasonable efforts to determine whether L is FAP- the individual is FAP-eligible only if it application period, the party will obtain eligible. first obtains (and, to the extent a written agreement from that other applicable, enforces) a legally binding party including all of the elements (5) Suspending ECAs while a FAP written agreement from the party that— described in this paragraph (c)(7). application is pending. If an individual (i) In the case of any debt referred to (8) Clear and conspicuous placement. submits a complete or incomplete FAP the party during the notification period, A hospital facility may print any written application during the application the party will refrain from engaging in notice or communication described in period, the hospital facility will have ECAs against the individual until the this paragraph (c), including any plain made reasonable efforts to determine hospital facility has met (and language summary of the FAP, on a whether the individual is FAP-eligible documented that it has met) the billing statement or along with other only if the hospital facility does not requirements necessary to have made descriptive or explanatory matter, as initiate any ECAs, or take further action reasonable efforts under paragraph long as the required information is on any previously-initiated ECAs, (c)(2)(iii), (c)(3)(iii), or (c)(4)(ii) of this conspicuously placed and of sufficient against the individual after receiving the section; size to be clearly readable. application and until either— (ii) If the individual submits a FAP (i) The hospital facility has met the application during the application § 1.501(r)–7 Effective/applicability dates. requirements described in paragraph period, the party will suspend any ECAs (a) Statutory effective/applicability (c)(4) of this section; or against the individual as described in date—(1) In general. Except as provided (ii) In the case of an incomplete FAP paragraph (c)(5) of this section; in paragraph (a)(2) of this section, application, the completion deadline (iii) If the individual submits a FAP section 501(r) applies to taxable years has passed without the individual application during the application beginning after March 23, 2010. having completed the FAP application. period and the hospital facility (2) Community health needs (6) Waiver does not constitute determines the individual to be FAP- assessment. The requirements of section reasonable efforts. For purposes of this eligible, the party will do the following 501(r)(3) apply to taxable years paragraph (c), obtaining a signed waiver in a timely manner— beginning after March 23, 2012. from an individual, such as a signed (A) Adhere to procedures specified in (b) Effective/applicability date of statement that the individual does not the agreement that ensure that the regulations. The rules of § 1.501(r)–1 wish to apply for assistance under the individual does not pay, and has no and §§ 1.501(r)–4 through 1.501(r)–6 FAP or receive the information obligation to pay, the party and the apply to taxable years beginning on or described in paragraphs (c)(2) or (c)(3) hospital facility together more than he after the date these regulations are of this section, will not constitute a or she is required to pay as a FAP- published as final regulations in the determination of FAP-eligibility and eligible individual; and Federal Register. will not satisfy the requirement to make (B) If applicable and if the party reasonable efforts to determine whether (rather than the hospital facility) has the Sarah Hall Ingram, the individual is FAP-eligible before authority to do so, takes all reasonably Acting Deputy Commissioner for Services and engaging in ECAs against the individual. available measures to reverse any ECA Enforcement. (7) Agreements with other parties. If a (other than the sale of a debt) taken [FR Doc. 2012–15537 Filed 6–22–12; 11:15 am] hospital facility refers or sells an against the individual as described in BILLING CODE 4830–01–P
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Reader Aids Federal Register Vol. 77, No. 123 Tuesday, June 26, 2012
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 6 CFR 3 CFR Executive orders and proclamations 741–6000 5...... 33605 The United States Government Manual 741–6000 Proclamations: Proposed Rules: 8829...... 32875 Other Services 5...... 33683 8830...... 32877 Electronic and on-line services (voice) 741–6020 8831...... 32879 7 CFR Privacy Act Compilation 741–6064 8832...... 33595 7...... 33063 Public Laws Update Service (numbers, dates, etc.) 741–6043 8833...... 33597 TTY for the deaf-and-hard-of-hearing 741–6086 28...... 33289 8834...... 33599 205...... 33290 8835...... 33601 319...... 34781, 37997 ELECTRONIC RESEARCH 8836...... 33603 614...... 34186 World Wide Web 8837...... 35807 930...... 33303, 36115 Full text of the daily Federal Register, CFR and other publications 8838...... 36901 983...... 36119 is located at: www.fdsys.gov. 8839...... 37259 985...... 33076 Federal Register information and research tools, including Public Executive Orders: 987...... 37762 Inspection List, indexes, and links to GPO Access are located at: 13616...... 36903 1700...... 35245 www.ofr.gov. Administrative Orders: Proposed Rules: E-mail Memorandums: 20...... 37823 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of April 932...... 33104 an open e-mail service that provides subscribers with a digital 24, 2012 ...... 33945 1205...... 34855 form of the Federal Register Table of Contents. The digital form Memorandum of May 1280...... 34868 of the Federal Register Table of Contents includes HTML and 23, 2012 ...... 32391 3201...... 33270 PDF links to the full text of each document. Memorandum of June 3575...... 38015 To join or leave, go to http://listserv.access.gpo.gov and select 1, 2012 ...... 37459 9 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of June (or change settings); then follow the instructions. 7, 2012 ...... 35241 11...... 33607 Presidential PENS (Public Law Electronic Notification Service) is an e-mail 55...... 35542 Determinations: service that notifies subscribers of recently enacted laws. 81...... 35542 No. 2012-08 of June To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 93...... 34783 14, 2012 ...... 37551 and select Join or leave the list (or change settings); then follow 94...... 34783 Notices: the instructions. 95...... 34783 Notice of June 14, FEDREGTOC-L and PENS are mailing lists only. We cannot 2012 ...... 36113 10 CFR respond to specific inquiries. Notice of June 18, 11...... 37553 Reference questions. Send questions and comments about the 2012 (Russian Federal Register system to: [email protected] 25...... 37553 Federation)...... 37261 26...... 33619 The Federal Register staff cannot interpret specific documents or Notice of June 18, regulations. 71...... 34194 2012 (North 73...... 34194 Reminders. Effective January 1, 2009, the Reminders, including Korea) ...... 37263 Rules Going Into Effect and Comments Due Next Week, no longer 170...... 35809 Notice of June 22, 171...... 35809 appear in the Reader Aids section of the Federal Register. This 2012 ...... 37995 information can be found online at http://www.regulations.gov. Proposed Rules: Presidential 430...... 33106, 35299 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Determinations: longer appears in the Federal Register. This information can be 431...... 32916 No. 2012–07 of April 1703...... 32433, 33980 found online at http://bookstore.gpo.gov/. 24, 2012 ...... 33947 No. 2012–09 of June 12 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 11, 2012 ...... 36387 1...... 35253, 35259 32391–32880...... 1 37549–37750...... 22 5...... 35253 5 CFR 32881–33062...... 4 37751–37996...... 25 16...... 35253 33063–33288...... 5 37997–38170...... 26 2422...... 37751 28...... 35253 33289–33594...... 6 2423...... 37751 32...... 37265 33595–33944...... 7 2429...... 37751 159...... 37265 33945–34178...... 8 Ch. LXXXIII...... 34179 160 ...... 35253, 35259, 37265 34179–34780...... 11 9301...... 34179 225...... 33949 34781–35240...... 12 9302...... 37553 241...... 32881 35241–35616...... 13 Proposed Rules: 380...... 37554 35617–35806...... 14 532...... 34854 618...... 37283 35807–36114...... 15 1200...... 33663 Ch. X...... 37558 36115–36386...... 18 1201...... 33663 1236...... 33950 36387–36900...... 19 1203...... 33663 Proposed Rules: 36901–37258...... 20 1208...... 33663 380...... 36194 37259–37548...... 21 1209...... 33663 Ch. X...... 37616
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1026...... 33120 111...... 33964 29 CFR 165 ...... 34285, 34894, 35898, 1254...... 36086 163...... 33964 1910...... 37587 35900, 35903, 35906, 36439, 1282...... 34263 206...... 37804 1915...... 37587 36955, 37356 Proposed Rules: 14 CFR 1917...... 37587 34 CFR 351...... 38017 1918...... 37587 25...... 36123 1926...... 37587 Proposed Rules: 39 ...... 32884, 32887, 32889, 20 CFR 4022...... 35838 Ch. II ...... 36958 32892, 33083, 33619, 33622, 404...... 35264 4044...... 35838 34206, 36125, 36127, 36129, 36 CFR 701...... 37284 Proposed Rules: 36131, 36134, 36137, 36139, 702...... 37284 242...... 35482 36143, 36146, 36389, 37283, 1206...... 33701 703...... 37284 Proposed Rules: 37766, 37768, 37770, 37773, 1910...... 37617 725...... 37284 220...... 35323 37775, 37777, 37779, 37781, 1915...... 37617 726...... 37284 1191...... 36231 37784, 37786, 37788, 37790, 1917...... 37617 1918...... 37617 37793, 37795, 37797, 38000 21 CFR 37 CFR 71 ...... 32393, 32895, 32896, 1926...... 37617 179...... 34212 34208, 34209, 34210, 34211, 201...... 37605 510...... 32897 30 CFR 35617, 35618, 35836, 37569 Proposed Rules: 516...... 35837 73...... 36907 Proposed Rules: 201...... 35643 870...... 37570, 37573 97 ...... 33085, 33087, 37799, 917...... 34888 381...... 38022 37801 Proposed Rules: 936...... 34890 38 CFR 121...... 34784 172...... 35317 944...... 34892 876...... 36951 Proposed Rules: 950...... 34894 3...... 34218 Ch. 1 ...... 38016 9...... 32397 22 CFR 31 CFR 39 ...... 32433, 32437, 32439, Proposed Rules: 32918, 33125, 33127, 33129, 120...... 33089 149...... 37554 9...... 37839 33332, 33334, 34281, 34283, 123...... 33089 344...... 33634 34870, 34872, 34874, 34876, 124...... 33089 1010...... 33635 39 CFR 34878, 34881, 35304, 35306, 126...... 33089 1020...... 33638 20...... 33640 35888, 35890, 36206, 36209, 127...... 33089 111...... 33314 36211, 36213, 36216, 36220, 129...... 33089 32 CFR 36222, 36224, 36948, 36950, Proposed Rules: 241...... 36916 40 CFR 37332, 37337, 37340, 37342, 120...... 36428, 37346 Proposed Rules: 9...... 37608, 37609 37344, 37827, 37829, 37831 121 ...... 33698, 35317, 37346 199...... 38019 51...... 33642, 37610 71 ...... 32921, 33685, 33687 122...... 37346 52 ...... 32398, 33642, 33659, 73...... 35308 123...... 37346 33 CFR 34218, 34801, 34808, 34810, 121...... 32441 124...... 37346 1...... 37305 34819, 35273, 35279, 35285, 125...... 37346 2...... 37305 35287, 35862, 35866, 35870, 15 CFR 126...... 37346 27...... 37305 35873, 36163, 36400, 36404, Proposed Rules: 127...... 37346 40...... 37305 37328, 37812, 38006, 38007 734...... 37524 128...... 37346 45...... 37305 81...... 34221, 34819 736...... 37524 129...... 37346 66...... 37305 82...... 33315 740...... 33688, 37524 130...... 37346 80...... 37305 85...... 34130 742 ...... 33688, 35310, 37524 25 CFR 83...... 37305 86...... 34130 743...... 37524 84...... 37305 87...... 36342 744...... 37524 Proposed Rules: 85...... 37305 97...... 34830 750...... 37524 226...... 36226 100 ...... 33089, 33337, 33967, 180 ...... 32400, 32401, 35291, 758...... 37524 543...... 32444 34215, 35266, 35839, 36390, 35295, 36919 762...... 37524 547...... 32465 37305, 37807, 37808, 37810 271...... 34229 764...... 37524 101...... 37305 711...... 36170 772...... 36409 26 CFR 110...... 37305 721...... 37608, 37609 774 ...... 33688, 35310, 36409, 1 ...... 34785, 34788, 36914, 114...... 37305 1039...... 34130 36419, 37524 37576, 37806 115...... 37305 1068...... 36342 906...... 33980 20...... 36150 116...... 37305 1400...... 34883 Proposed Rules: 25...... 36150 117 ...... 32393, 32394, 33337, 52 ...... 32481, 32483, 32493, 16 CFR 301...... 37806 34797, 35843, 36393, 37305, 33022, 33360, 33363, 33372, 602...... 36150, 36914 436...... 36149 37316, 37317, 38004 33380, 34288, 34297, 34300, Proposed Rules: 118...... 37305 34302, 34306, 34897, 34898, Proposed Rules: 1 ...... 34884, 34887, 36228, Ch. II ...... 37836 136...... 37305 34906, 35326, 35327, 35329, 36229, 37349, 37352, 37837, 305...... 33337 138...... 37305 35652, 35909, 35917, 36044, 37838, 38148 309...... 36423 151...... 33969, 35268 36442, 36443, 36964, 37359, 20...... 36229 1500...... 37834 162...... 37305 37841, 37842, 37859 25...... 36229 165 ...... 32394, 32898, 33089, 60...... 33812 17 CFR 301...... 37352, 37838 33094, 33308, 33309, 33312, 63...... 33812, 37361 33970, 34797, 34798, 35268, 65...... 36248 1...... 36612 27 CFR 16...... 36612 35271, 35619, 35621, 35839, 80...... 34915 38...... 36612, 37803 40...... 37287 35844, 35846, 35848, 35850, 85...... 34149 46...... 35200 41...... 37287 35852, 35854, 35855, 35857, 86...... 34149 275...... 35263 44...... 37287 35860, 35862, 36394, 36396, 122...... 34315, 34927 Proposed Rules: 45...... 37287 37305, 37318, 37319, 37321, 123...... 34315, 34927 3...... 35892 478...... 33625, 33630 37324, 37326, 37600, 37603, 124...... 34315, 34927 23...... 35892 Proposed Rules: 37604, 38005 125...... 34315, 34927 240...... 35625 9...... 33985, 36433 177...... 37305 261...... 36447 Proposed Rules: 300...... 37630 19 CFR 28 CFR 100...... 33130, 35321 721...... 37634 12...... 33624 115...... 37106 117...... 35897 725...... 35331
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1039...... 34149 97...... 33860 90...... 33972, 36177 386...... 32901, 34249 107...... 33860 Proposed Rules: 387...... 32901 42 CFR 108...... 33860 1...... 37362 390...... 34846 71...... 35873 112...... 33860 11...... 33995 395...... 33098, 33331 417...... 32407 115...... 33860 54...... 33896 396...... 34846 422...... 32407 118...... 33860 64...... 35336, 37362 541...... 32903 423...... 32407 119...... 33860 73...... 33997, 37638 580...... 36935 Proposed Rules: 122...... 33860 48 CFR 1572...... 36406 84...... 37862 131...... 33860 Proposed Rules: 6...... 35624 88...... 35574 132...... 33860 541...... 38024 147...... 33860 15...... 35624 405...... 35917 571...... 37478 162 ...... 33860, 33969, 35268 19...... 35624 411...... 35917 594...... 35338 167...... 33860 201...... 35879 412...... 34326 595...... 33998 413...... 34326 169...... 33860 203...... 35879 Ch. VIII...... 37865 424...... 34326 176...... 33860 204...... 35879 1572...... 35343 476...... 34326 181...... 33860 212...... 35879 489...... 34326 182...... 33860 213...... 35879 185...... 33860 216...... 35883 50 CFR 43 CFR 217...... 35879 189...... 33860 17 ...... 33100, 35118, 36728 219...... 35879 Proposed Rules: 190...... 33860 100...... 35482 193...... 33860 222...... 35879 3160...... 38024 226...... 32909 194...... 33860 225...... 35879, 35883 622 ...... 32408, 32913, 32914, 44 CFR 196...... 33860 233...... 35879 34254, 36946, 37330 64...... 36172 532...... 33971 243...... 35879 252...... 35879, 35883 635...... 38011 648...... 37816 45 CFR 47 CFR Proposed Rules: 660...... 36192 Proposed Rules: 1...... 33097, 36177 211...... 35921 Subchapter A...... 36958 11...... 33661 212...... 35921 665...... 34260 156...... 33133 15...... 33098 218...... 35921 679 ...... 33103, 34262, 34853, 17...... 36177 246...... 35921 38013 46 CFR 22...... 36177 252...... 35921 697...... 32420 25...... 33860 24...... 36177 Proposed Rules: 27...... 33860 25...... 36177 49 CFR 17 ...... 32483, 32922, 33142, 28...... 33860 27...... 36177 23...... 36924 33143, 34338, 36457, 36460, 31...... 33860 51...... 35623, 36406 171...... 37962 36872, 37367 34...... 33860 54 ...... 33097, 35623, 36406 172...... 37962 20...... 34931, 36980 35...... 33860 61...... 37614 173...... 37962 223...... 37647 62...... 33860 64...... 33662, 34233 174...... 37962 226...... 37867 71...... 33860 69...... 37614 179...... 37962 300...... 38030 76...... 33860 73...... 32900 180...... 37962 600...... 35349 78...... 33860 76...... 36178 234...... 35164 635...... 37647, 38030 91...... 33860 80...... 36177 371...... 32901 665...... 34331, 34334 95...... 33860 87...... 36177 375...... 32901, 36932 679...... 35925
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Register but may be ordered 108. (June 21, 2012; 126 enacted public laws. To in ‘‘slip law’’ (individual Stat. 384) subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the H.R. 5890/P.L. 112–136 listserv.gsa.gov/archives/ Superintendent of Documents, This is a continuing list of To correct a technical error in publaws-l.html U.S. Government Printing public bills from the current Public Law 112-122. (June 21, Office, Washington, DC 20402 session of Congress which 2012; 126 Stat. 385) Note: This service is strictly have become Federal laws. It (phone, 202–512–1808). The text will also be made Last List June 20, 2012 for E-mail notification of new may be used in conjunction laws. The text of laws is not with ‘‘P L U S’’ (Public Laws available on the Internet from available through this service. Update Service) on 202–741– GPO’s Federal Digital System 6043. This list is also (FDsys) at http://www.gpo.gov/ Public Laws Electronic PENS cannot respond to available online at http:// fdsys. Some laws may not yet Notification Service specific inquiries sent to this www.archives.gov/federal- be available. (PENS) address. register/laws. H.R. 5883/P.L. 112–135 The text of laws is not To make a technical PENS is a free electronic mail published in the Federal correction in Public Law 112- notification service of newly
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