Vol. 76 Monday, No. 181 September 19, 2011

Pages 57897–58088

OFFICE OF THE FEDERAL REGISTER

VerDate Mar 15 2010 18:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\19SEWS.LOC 19SEWS sroberts on DSK5SPTVN1PROD with RULES II Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202-512-1800 or 866-512-1800 (toll free). E-mail, [email protected]. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 76 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Mar 15 2010 18:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\19SEWS.LOC 19SEWS sroberts on DSK5SPTVN1PROD with RULES III

Contents Federal Register Vol. 76, No. 181

Monday, September 19, 2011

Agriculture Department Employment and Training Administration See Commodity Credit Corporation NOTICES See Forest Service Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Air Force Department Applied Materials, Inc., et al., Austin, TX, 58045 NOTICES Klaussner Furniture Industries, Inc., et al., Asheboro, NC Meetings: and Milford, IA, 58044–58045 Air University Board of Visitors, 57979 The MEGA Life and Health Ins., Co., et al., North Richland, TX, 58044 Army Department Determinations Regarding Eligibility to Apply for Worker See Engineers Corps Adjustment and Alternative Trade Adjustment Assistance, 58045–58046 Investigations of Certifications of Eligibility to Apply for Arts and Humanities, National Foundation Worker Adjustment and Alternative Trade Adjustment See National Foundation on the Arts and the Humanities Assistance, 58046–58047 Centers for Medicare & Medicaid Services Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Privacy Act; Systems of Records, 58007–58011 See Federal Energy Regulatory Commission RULES Civil Rights Commission Energy Conservation Program: NOTICES Standards for Certain External Power Supplies, 57897– Meetings: 57900 New Hampshire Advisory Committee, 57950–57951 NOTICES Meetings: Coast Guard Environmental Management Site-Specific Advisory Board, Portsmouth, 57981 RULES National Coal Council, 57981–57982 Regulated Navigation Areas: Route 24 Bridge Construction, Tiverton and Portsmouth, Energy Efficiency and Renewable Energy Office RI, 57910–57913 NOTICES Building Energy Codes Cost Analysis, 57982 Commerce Department See International Trade Administration Engineers Corps See National Oceanic and Atmospheric Administration NOTICES Environmental Impact Statements; Availability, etc.: Commodity Credit Corporation Permit Application for Widening of Bayou Casotte and PROPOSED RULES Lower Sound Channels of the Pascagoula Harbor Export Credit Guarantee (GSM–102) Program, 57940 Channel, 57979–57980

Council of the Inspectors General on Integrity and Environmental Protection Agency Efficiency RULES National Emission Standards for Hazardous Air Pollutants NOTICES for Area Sources: Senior Executive Service Performance Review Board Plating and Polishing; Withdrawal, 57913–57923 Membership, 57947–57950 NOTICES Draft Framework for the U.S.–Mexico Environmental Program; Border 2020; Availability, 57983–57985 Defense Department See Air Force Department Federal Aviation Administration See Engineers Corps RULES NOTICES Airworthiness Directives: Meetings: WYTWORNIA SPRZETU KOMUNIKACYJNEGO (WSK) Wage Committee, 57978–57979 ‘‘PZL–RZESZOW’’ – SPOLKA AKCYJNA (SA) PZL– 10W Turboshaft Engines, 57900–57902 Defense Nuclear Facilities Safety Board Amendment and Establishment of Air Traffic Service NOTICES Routes; Northeast United States, 57902–57905 Senior Executive Service Performance Review Board; NOTICES Membership, 57980–57981 Meetings: RTCA Program Management Committee, 58077–58078 Department of Transportation RTCA Special Committee 147; Minimum Operational See Pipeline and Hazardous Materials Safety Performance Standards for Traffic Alert and Collision Administration Avoidance Systems Airborne Equipment, 58077

VerDate Mar<15>2010 18:23 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\19SECN.SGM 19SECN sroberts on DSK5SPTVN1PROD with RULES IV Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Contents

RTCA Special Committee 214, Working Group 78; NOTICES Standards for Air Traffic Data Communication Agency Information Collection Activities; Proposals, Services, 58078 Submissions, and Approvals: Passenger Facility Charge Approvals and Disapprovals, Experimental Study; Effect of Promotional Offers in 58079–58082 Direct-to-Consumer Prescription Drug Print Advertisements on Consumer Product Perceptions, Federal Communications Commission 58011–58018 RULES Draft Guidance for Industry on Self-Selection Studies for Satellite Digital Audio Radio Service in the 2310–2360 Nonprescription Drug Products; Availability, 58018 MHz Frequency Band, 57923–57924 Meetings: NOTICES Circulatory System Devices Panel of the Medical Devices Agency Information Collection Activities; Proposals, Advisory Committee, 58019–58020 Submissions, and Approvals, 57985–57989 Tobacco Products Scientific Advisory Committee, 58019 Meetings: Prescription Drug User Fee Act IV Information Technology Video Programming and Accessibility Advisory Plan; Availability, 58020–58021 Committee, 57989 Privacy Act; Systems of Records, 57989–57992 Forest Service NOTICES Federal Deposit Insurance Corporation Meetings: NOTICES Ashley Resource Advisory Committee, 57950 Assessment Rate Adjustment Guidelines for Large and Highly Complex Institutions, 57992–58003 Government Printing Office NOTICES Federal Emergency Management Agency Meetings: NOTICES Depository Library Council to the Public Printer, 58005 Emergency Declarations: Health and Human Services Department New Hampshire; Amendment No. 2, 58026 See Centers for Medicare & Medicaid Services New York; Amendment No. 2, 58026 See Food and Drug Administration Rhode Island; Amendment No. 1, 58026–58027 See Health Resources and Services Administration Vermont; Amendment No. 1, 58027 See National Institutes of Health Virginia; Amendment No. 2, 58026 NOTICES Major Disaster Declarations: Consumer Health IT Pledge Program; Availability, 58006 North Carolina; Amendment No. 8, 58027–58028 Delegation of Authority: Pennsylvania; Amendment No. 1, 58028 National Coordinator for Health Information Technology, Puerto Rico; Amendment No. 3, 58027 58006 Meetings: Meetings: Board of Visitors for the National Fire Academy, 58028– Advisory Group on Prevention, Health Promotion, and 58029 Integrative and Public Health, 58007 Secretary’s Advisory Committee on Human Research Federal Energy Regulatory Commission Protections, 58006–58007 NOTICES Combined Filings, 57982–57983 Health Resources and Services Administration NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 58021–58023 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58003–58005 Homeland Security Department Changes in Bank Control: See Coast Guard Acquisitions of Shares of a Bank or Bank Holding See Federal Emergency Management Agency Company, 58005 See U.S. Citizenship and Immigration Services Formations of, Acquisitions by, and Mergers of Bank See U.S. Customs and Border Protection Holding Companies; Correction, 58005 Interior Department Fish and Wildlife Service See Fish and Wildlife Service PROPOSED RULES See National Park Service Endangered and Threatened Wildlife and Plants: Revising the List for the Gray Wolf (Canis lupus) in the International Trade Administration Eastern United States, 57943–57944 NOTICES Continuation of Antidumping Duty Orders: Food and Drug Administration Glycine from the People’s Republic of China, 57951 RULES Final Rescissions of Antidumping Duty Administrative Implantation or Injectable Dosage Form New Animal Drugs: Reviews: Ivermectin, 57905–57906 Certain Lined Paper Products from the People’s Republic New Animal Drugs: of China, 57951–57953 Gamithromycin, 57906–57907 Final Results of Antidumping Duty Administrative Tolerances for Residues of New Animal Drugs in Food: Reviews: Progesterone, 57907 Certain Polyester Staple Fiber from Taiwan, 57955–57956

VerDate Mar<15>2010 18:23 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\19SECN.SGM 19SECN sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Contents V

Light-Walled Rectangular Pipe and Tube from Turkey, Fisheries Off West Coast States; West Coast Salmon 57953–57955 Fisheries: Renewable Energy and Energy Efficiency Executive Salmon Fishery Management Plan, 57945–57946 Business Development Mission; Clarification and NOTICES Amendment, 57956–57957 Environmental Impact Statements; Availability, etc.: Fishery Management Plan for Spiny Lobster Resources of International Trade Commission the Gulf of Mexico and South Atlantic, 57957–57958 NOTICES Replacement of NOAA Southwest Fisheries Science Determinations: Center in La Jolla, CA, 57957 Certain Polyester Staple Fiber From Korea and Taiwan, Meetings: 58040 South Atlantic Fishery Management Council, 57958– General Exclusion Orders: 57959 Certain Coaxial Cable Connectors and Components Takes of Marine Mammals Incidental to Specified Thereof and Products Containing Same, 58040–58041 Activities: Investigations: Marine Geophysical Survey in the Central Pacific Ocean, Certain Digital Televisions Containing Integrated Circuit November, 2011 through January, 2012, 57959–57978 Devices and Components Thereof, 58041–58042 National Park Service Justice Department NOTICES PROPOSED RULES Intent to Repatriate Cultural Items: Freedom of Information Act, 57940–57941 Denver Museum of Nature and Science, Denver, CO, NOTICES 58032–58033 Lodging of Consent Decrees Under CERCLA, 58042 State Historical Society of Wisconsin, Madison, WI, Lodging of Modifications to Consent Decrees Under 58032 CERCLA, 58043 Thomas Burke Memorial Washington State Museum, Lodging of Stipulations of Settlements and Judgments University of Washington, Seattle, WA, 58031–58032 Pursuant to the Clean Water Act, 58043 Inventory Completions: Bureau of Indian Affairs, Washington, DC and Sam Noble Labor Department Oklahoma Museum of Natural History, University of See Employment and Training Administration Oklahoma, Norman, OK, 58038–58039 Bureau of Reclamation, Phoenix Area Office, Phoenix, Maritime Administration and Arizona State Museum, University of Arizona, PROPOSED RULES Tucson, AZ, 58035–58036 Retrospective Review under E.O. 13563: Native American Human Remains and Associated Meetings; Cargo Preference, 57941–57943 Funerary Objects, Colorado Historical Society, Denver, CO; Correction, 58037–58038 National Aeronautics and Space Administration Thomas Burke Memorial Washington State Museum, NOTICES University of Washington, Seattle, WA, 58033–58035, Intent to Grant Exclusive Licenses, 58047 58039–58040

National Credit Union Administration National Science Foundation NOTICES NOTICES Meetings; Sunshine Act, 58047–58048 Meetings: Astronomy and Astrophysics Advisory Committee, 58049 National Foundation on the Arts and the Humanities Permit Applications Received Under the Antarctic NOTICES Conservation Act of 1978, 58049 Meetings: Humanities Panel, 58048–58049 Neighborhood Reinvestment Corporation NOTICES National Institutes of Health Meetings; Sunshine Act, 58049 NOTICES Meetings: Nuclear Regulatory Commission Center For Scientific Review, 58025 NOTICES National Heart, Lung. and Blood Institute, 58025 Atomic Safety and Licensing Board; Hearings: National Human Genome Research Institute, 58023 Honeywell International Ltd., Metropolis Works Uranium National Institute of Allergy and Infectious Diseases, Conversion Facility, 58049–58050 58024–58025 Environmental Assessments; Availability, etc.: National Institute of Biomedical Imaging and Tennessee Valley Authority, Bellefonte Nuclear Power Bioengineering, 58023 Plant, Unit 1, 58050–58057 National Institute on Deafness and Other Communication Disorders, 58023–58024 Pipeline and Hazardous Materials Safety Administration NOTICES National Oceanic and Atmospheric Administration Applications for Special Permits, 58082–58083 PROPOSED RULES Fisheries of the Northeastern United States: Postal Regulatory Commission Northeast Multispecies Fisheries, Small-Mesh NOTICES Multispecies, 57944–57945 Post Office Closings, 58057–58059

VerDate Mar<15>2010 18:23 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\19SECN.SGM 19SECN sroberts on DSK5SPTVN1PROD with RULES VI Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Contents

Securities and Exchange Commission See Maritime Administration NOTICES See Pipeline and Hazardous Materials Safety Applications: Administration Investment Managers Series Trust, et al., 58059–58061 RULES Self-Regulatory Organizations; Proposed Rule Changes: Transportation for Individuals with Disabilities at Various Chicago Board Options Exchange, Inc., 58063–58065, Passenger Railroad Station Platforms, 57924–57939 58074 Chicago Mercantile Exchange, Inc., 58071–58072 Treasury Department Financial Industry Regulatory Authority, Inc., 58061 RULES International Securities Exchange, LLC, 58068–58071 Indorsement and Payment of Checks Drawn on the United NASDAQ OMX BX, Inc., 58065–58068, 58072–58074 States Treasury, 57907–57910 Options Clearing Corp., 58061–58063 NOTICES Agency Information Collection Activities; Proposals, State Department Submissions, and Approvals, 58083–58087 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: U.S. Citizenship and Immigration Services Sponsored Academic Exchange Program Application, NOTICES 58074 Agency Information Collection Activities; Proposals, Culturally Significant Objects Imported for Exhibition Submissions, and Approvals, 58029–58030 Determinations: Cervera Bible, 58075 U.S. Customs and Border Protection Maharaja; The Splendor of India’s Royal Courts, 58076 NOTICES Rembrandt and Degas; Two Young Artists, 58075–58076 Meetings: Sanja Ivekovic; Sweet Violence, 58074–58075 Advisory Committee on Commercial Operations of Designations as Foreign Terrorist Organizations: Customs and Border Protection, 58030–58031 The Indian Mujahideen, 58076 Designations as Global Terrorists: The Indian Mujahideen, 58076 Reader Aids Meetings: International Security Advisory Board, 58076–58077 Consult the Reader Aids section at the end of this page for Reintegration of Former Members of Foreign Terrorist phone numbers, online resources, finding aids, reminders, Organizations: and notice of recently enacted public laws. Certification for Use of Fiscal Year 2011 Economic To subscribe to the Federal Register Table of Contents Support Funds, 58077 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.

VerDate Mar<15>2010 18:23 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\19SECN.SGM 19SECN sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Contents VII

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 Proposed Rules: 1493...... 57940 10 CFR 429...... 57897 430...... 57897 14 CFR 39...... 57900 71...... 57902 21 CFR 522 (2 documents) ...... 57905, 57906 556 (2 documents) ...... 57906, 57907 28 CFR Proposed Rules: 16...... 57940 31 CFR 240...... 57907 33 CFR 165...... 57910 40 CFR 63...... 57913 46 CFR Proposed Rules: 381...... 57941 382...... 57941 47 CFR 25...... 57923 49 CFR 37...... 57924 38...... 57924 50 CFR Proposed Rules: 17...... 57943 648...... 57944 660...... 57945

VerDate Mar 15 2010 18:23 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\19SELS.LOC 19SELS sroberts on DSK5SPTVN1PROD with RULES 57897

Rules and Regulations Federal Register Vol. 76, No. 181

Monday, September 19, 2011

This section of the FEDERAL REGISTER I. Background prescribing modifications to 10 CFR part contains regulatory documents having general The Energy Independence and 429 (‘‘Certification, Compliance, and applicability and legal effect, most of which Enforcement for Consumer Products and are keyed to and codified in the Code of Security Act of 2007 (Pub. L. 110–140) amended section 325(u)(3) of the Energy Commercial and Industrial Federal Regulations, which is published under Equipment’’). As a result of these 50 titles pursuant to 44 U.S.C. 1510. Policy and Conservation Act (EPCA) to establish energy conservation standards provisions, manufacturers of certain The Code of Federal Regulations is sold by for all Class A external power supplies. external power supplies for security and the Superintendent of Documents. Prices of (42 U.S.C. 6295(u)(3)) Among these life safety alarms and surveillance new books are listed in the first FEDERAL requirements, Congress included a limit systems will have the option to certify REGISTER issue of each week. on the amount of power that these that their products meet the appropriate devices could draw while operating in definition and, therefore, are exempt from the no-load mode requirements for DEPARTMENT OF ENERGY ‘‘no-load’’ mode. (The ‘‘no-load’’ mode refers to the condition in which a power Class A external power supplies. In light of the applicable statutory 10 CFR Parts 429 and 430 supply is connected to mains but not to the separate end-use product that it requirement enacted by Congress to set a specific exemption from the no-load [Docket No. EERE–2008–BT–STD–0005] powers (i.e., the load).) These no-load mode requirements were applied to all mode energy conservation standards for Class A external power supplies, the products described above, the RIN 1904–AB57 irrespective of whether a particular absence of any benefit in providing comment given that the rule Energy Conservation Program: Energy product actually operated in no-load mode. incorporates the specific exemption Conservation Standards for Certain created by the statutory provision, and External Power Supplies Subsequently, Congress revisited this issue. On January 4, 2011, Congress the unnecessary delay that would follow AGENCY: Office of Energy Efficiency and enacted Public Law 111–360, which were DOE to provide comment on a Renewable Energy, Department of amended section 325(u)(3) of EPCA by provision that it cannot alter, DOE finds Energy. prescribing a definition for ‘‘security or that there is good cause under 5 U.S.C. 553(b)(B) to not provide prior notice and ACTION: life safety alarm or surveillance system’’ Final rule; technical an opportunity for public comment on amendment. and excluding those external power supplies used in certain security or life the actions outlined in this document. SUMMARY: The U.S. Department of safety alarms or surveillance system For these reasons, providing prior notice Energy (DOE) is publishing this components from the no-load mode and an opportunity for public comment technical amendment to exclude requirements Congress had previously would, in this instance, be unnecessary external power supplies used in specific set. and contrary to the public interest. For applications from certain energy Today’s action codifies Congress’s the same reason, DOE finds good cause conservation standards prescribed revision to EPCA. Additionally, to pursuant to 5 U.S.C. 553(d)(3) to waive under the Energy Policy and ensure consistency throughout its the 30-day delay in effective date for Conservation Act (EPCA). Congress regulatory framework, DOE is also this rule. enacted this exclusion, which applies to modifying the certification requirements III. Procedural Requirements external power supplies used either in for Class A external power supplies that security or life safety alarms or appear in the Code of Federal A. Review Under Executive Order surveillance system components, earlier Regulations (CFR). These amendments 12866, ‘‘Regulatory Planning and this year. DOE is also modifying its reflect the recent changes enacted by Review’’ current certification requirements to Congress and do not alter any other Today’s final rule is not a ‘‘significant make them consistent with this change. aspects related to the energy regulatory action’’ under any of the DATES: Effective Date: October 19, 2011. conservation standards for these criteria set out in section 3(f) of products. Amendments to those FOR FURTHER INFORMATION CONTACT: Executive Order 12866, ‘‘Regulatory Mr. Victor Petrolati, U.S. Department of standards, if any, will be handled Planning and Review.’’ 58 FR 51735 Energy, Office of Energy Efficiency through a separate rulemaking (October 4, 1993). Accordingly, today’s and Renewable Energy, Building proceeding. action was not subject to review by the Office of Information and Regulatory Technologies Program, EE–2J, 1000 II. Summary of Today’s Action Independence Avenue, SW., Affairs (OIRA) in the Office of DOE is placing the definition and Management and Budget (OMB). Washington, DC 20585–0121. exclusions of certain security and life Telephone: (202) 586–4549. E-mail: safety alarms and surveillance systems B. Review Under the Regulatory [email protected]. from the no-load requirements for Flexibility Act Mr. Michael Kido, U.S. Department of external power supplies into 10 CFR The Regulatory Flexibility Act (5 Energy, Office of the General Counsel, part 430 (‘‘Energy Conservation Program U.S.C. 601 et seq.) requires preparation GC–71, 1000 Independence Avenue, for Certain Consumer Products’’). DOE of an initial regulatory flexibility SW., Washington, DC 20585–0121. is making certain formatting changes analysis for any rule that by law must Telephone: (202) 586–8145. E-mail: needed to ensure that the new be proposed for public comment, unless [email protected]. provisions conform to the existing text the agency certifies that the rule, if SUPPLEMENTARY INFORMATION: of this part. In addition, DOE is promulgated, will not have a significant

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57898 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

economic impact on a substantial March 14, 2000, DOE published a expenditure by State, local, and Tribal number of small entities. As required by statement of policy describing the governments, in the aggregate, or by the Executive Order 13272, Proper intergovernmental consultation process private sector of $100 million or more Consideration of Small Entities in it will follow in the development of in any one year (adjusted annually for Agency Rulemaking, 67 FR 53461 such regulations. 65 FR 13735. EPCA inflation), section 202 of UMRA requires (August 16, 2002), DOE published governs and prescribes Federal a Federal agency to publish a written procedures and policies on February 19, preemption of State regulations as to statement that estimates the resulting 2003, to ensure that the potential energy conservation for the products costs, benefits, and other effects on the impacts of its rules on small entities are that are the subject of today’s proposed national economy. (2 U.S.C. 1532(a),(b)) properly considered during the rule. States can petition DOE for The UMRA also requires a Federal rulemaking process. 68 FR 7990. The exemption from such preemption to the agency to develop an effective process Department has made its procedures extent, and based on criteria, set forth in to permit timely input by elected and policies available on the Office of EPCA. (42 U.S.C. 6297) No further officers of State, local, and Tribal General Counsel’s Web site: http:// action is required by Executive Order governments on a proposed ‘‘significant www.gc.doe.gov. DOE today is revising 13132. intergovernmental mandate,’’ and the Code of Federal Regulations to requires an agency plan for giving notice F. Review Under Executive Order 12988, incorporate, without substantive and opportunity for timely input to ‘‘Civil Justice Reform’’ change, exemptions to energy potentially affected small governments conservation standards and related With respect to the review of existing before establishing any requirements provisions prescribed by Public Law No. regulations and the promulgation of that might significantly or uniquely 111–360. Because this is a technical new regulations, section 3(a) of affect small governments. On March 18, amendment for which a general notice Executive Order 12988, ‘‘Civil Justice 1997, DOE published a statement of of proposed rulemaking is not required, Reform,’’ 61 FR 4729 (February 7, 1996), policy on its process for the Regulatory Flexibility Act does not imposes on Federal agencies the general intergovernmental consultation under apply to this rulemaking. duty to adhere to the following UMRA (62 FR 12820) (also available at requirements: (1) Eliminate drafting http://www.gc.doe.gov). This final rule C. Review Under the Paperwork errors and ambiguity; (2) write contains neither an intergovernmental Reduction Act of 1995 regulations to minimize litigation; and mandate nor a mandate that may result This rulemaking imposes no new (3) provide a clear legal standard for in the expenditure of $100 million or information or recordkeeping affected conduct rather than a general more in any year, so these requirements requirements. Accordingly, Office of standard and promote simplification under the UMRA do not apply. Management and Budget clearance is and burden reduction. Section 3(b) of not required under the Paperwork Executive Order 12988 specifically H. Review Under the Treasury and Reduction Act. (44 U.S.C. 3501 et seq.) requires that Executive agencies make General Government Appropriations every reasonable effort to ensure that the Act, 1999 D. Review Under the National regulation: (1) Clearly specifies the Section 654 of the Treasury and Environmental Policy Act of 1969 preemptive effect, if any; (2) clearly General Government Appropriations DOE has determined that this rule is specifies any effect on existing Federal Act, 1999 (Pub. L. 105–277) requires covered under the Categorical Exclusion law or regulation; (3) provides a clear Federal agencies to issue a Family found in DOE’s National Environmental legal standard for affected conduct Policymaking Assessment for any rule Policy Act regulations at paragraph A.6 while promoting simplification and that may affect family well-being. This of Appendix A to Subpart D, 10 CFR burden reduction; (4) specifies the final rule would not have any impact on part 1021, which applies to rulemakings retroactive effect, if any; (5) adequately the autonomy or integrity of the family that are strictly procedural. defines key terms; and (6) addresses as an institution. Accordingly, DOE has Accordingly, neither an environmental other important issues affecting clarity concluded that it is not necessary to assessment nor an environmental and general draftsmanship under any prepare a Family Policymaking impact statement is required. guidelines issued by the Attorney Assessment. General. Section 3(c) of Executive Order E. Review Under Executive Order 13132, 12988 requires Executive agencies to I. Review Under Executive Order 12630, ‘‘Federalism’’ review regulations in light of applicable ‘‘Governmental Actions and Executive Order 13132, ‘‘Federalism.’’ standards in section 3(a) and section Interference With Constitutionally 64 FR 43255 (Aug. 10, 1999) imposes 3(b) to determine whether they are met Protected Property Rights’’ certain requirements on Federal or it is unreasonable to meet one or The Department has determined, agencies formulating and implementing more of them. DOE has completed the under Executive Order 12630, policies or regulations that preempt required review and determined that, to ‘‘Governmental Actions and Interference State law or that have Federalism the extent permitted by law, this final With Constitutionally Protected implications. The Executive Order rule meets the relevant standards of Property Rights,’’ 53 FR 8859 (March 18, requires agencies to examine the Executive Order 12988. 1988), that this rule would not result in constitutional and statutory authority any takings which might require G. Review Under the Unfunded supporting any action that would limit compensation under the Fifth Mandates Reform Act of 1995 the policymaking discretion of the Amendment to the United States States and to carefully assess the Title II of the Unfunded Mandates Constitution. necessity for such actions. The Reform Act of 1995 (UMRA) (Pub. L. Executive Order also requires agencies 104–4) requires each Federal agency to J. Review Under the Treasury and to have an accountable process to assess the effects of Federal regulatory General Government Appropriations ensure meaningful and timely input by actions on State, local, and Tribal Act, 2001 State and local officials in the governments and the private sector. For Section 515 of the Treasury and development of regulatory policies that a proposed regulatory action likely to General Government Appropriations have Federalism implications. On result in a rule that may cause the Act, 2001 (44 U.S.C. 3516, note)

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57899

provides for agencies to review most List of Subjects Authority: 42 U.S.C. 6291–6309; 28 U.S.C. disseminations of information to the 2461 note. 10 CFR Part 429 public under guidelines established by ■ 4. Section 430.2 is amended by adding each agency pursuant to general Administrative practice and the definition for ‘‘Security or life safety guidelines issued by OMB. OMB’s procedure, Confidential business alarm or surveillance system’’ in guidelines were published at 67 FR information, Energy conservation, alphabetical order to read as follows: 8452 (February 22, 2002), and DOE’s Household appliances, and Reporting § 430.2 Definitions. guidelines were published at 67 FR and recordkeeping requirements. * * * * * 62446 (October 7, 2002). DOE has 10 CFR Part 430 reviewed today’s rulemaking under the Security or life safety alarm or OMB and DOE guidelines and has Administrative practice and surveillance system means: (1) Equipment designed and marketed concluded that it is consistent with procedure, Confidential business information, Energy conservation, to perform any of the following applicable policies in those guidelines. Household appliances, and Small functions (on a continuous basis): K. Review Under Executive Order 13211, businesses. (i) Monitor, detect, record, or provide notification of intrusion or access to real ‘‘Actions Concerning Regulations That Issued in Washington, DC, on September Significantly Affect Energy Supply, 12, 2011. property or physical assets or notification of threats to life safety. Distribution, or Use’’ Kathleen Hogan, (ii) Deter or control access to real Executive Order 13211, ‘‘Actions Deputy Assistant Secretary for Energy property or physical assets, or prevent Efficiency, Office of Technology Concerning Regulations That Development, Energy Efficiency and the unauthorized removal of physical Significantly Affect Energy Supply, Renewable Energy. assets. (iii) Monitor, detect, record, or Distribution, or Use,’’ 66 FR 28355 (May For the reasons set forth in the provide notification of fire, gas, smoke, 22, 2001), requires Federal agencies to preamble, DOE hereby amends chapter flooding, or other physical threats to prepare and submit to the Office of II, subchapter D, of title 10 of the Code real property, physical assets, or life Information and Regulatory Affairs of Federal Regulations as set forth safety. (OIRA), Office of Management and below: Budget, a Statement of Energy Effects for (2) This term does not include any any proposed significant energy action. PART 429—CERTIFICATION, product with a principal function other A ‘‘significant energy action’’ is defined COMPLIANCE, AND ENFORCEMENT than life safety, security, or surveillance as any action by an agency that FOR CONSUMER PRODUCTS AND that: (i) Is designed and marketed with a promulgated or is expected to lead to COMMERCIAL AND INDUSTRIAL built-in alarm or theft-deterrent feature; promulgation of a final rule, and that: EQUIPMENT or (1) Is a significant regulatory action ■ 1. The authority citation for part 429 (ii) Does not operate necessarily and under Executive Order 12866, or any continuously in active mode. successor order; and (2) is likely to have continues to read as follows: * * * * * a significant adverse effect on the Authority: 42 U.S.C. 6291–6317. supply, distribution, or use of energy, or ■ 5. Section 430.32 is amended by ■ 2. Section 429.37 is amended by (3) is designated by the Administrator of revising paragraph (w)(1)(i) and adding adding new paragraph (b)(2)(iii) to read paragraph (w)(1)(iii) to read as follows: OIRA as a significant energy action. For as follows: any proposed significant energy action, § 430.32 Energy and water conservation the agency must give a detailed § 429.37 Class A external power supplies. standards and their effective dates. statement of any adverse effects on * * * * * * * * * * energy supply, distribution, or use (b) * * * (w) Class A external power supplies. should the proposal be implemented, (2) * * * (1)(i) Except as provided in paragraphs and of reasonable alternatives to the (iii) External power supplies that are (w)(1)(ii) and (w)(1)(iii) of this section, action and their expected benefits on exempt from no-load mode all Class A external power supplies energy supply, distribution, and use. requirements under § 430.32(w)(1)(iii): manufactured on or after July 1, 2008, This final rule would not have a A statement that the product is designed shall meet the following standards: significant adverse effect on the supply, to be connected to a security or life *** distribution, or use of energy and, safety alarm or surveillance system (iii) Non-application of no-load mode therefore, is not a significant energy component, the average active mode requirements. The no-load mode energy action. Accordingly, DOE has not efficiency as a percent (%), the efficiency standards established in prepared a Statement of Energy Effects. nameplate output power in watts (W), paragraph (w)(1)(i) of this section shall and if missing from the nameplate, the not apply to an external power supply L. Congressional Notification certification report must also include manufactured before July 1, 2017, that— As required by 5 U.S.C. 801, DOE will the output current in amperes (A) of the (A) Is an AC-to-AC external power report to Congress on the promulgation basic model or the output current in supply; (B) Has a nameplate output of 20 of this rule prior to its effective date. amperes (A) of the highest- and lowest- watts or more; The report will state that it has been voltage models within the external power supply design family. (C) Is certified to the Secretary as determined that the rule is not a ‘‘major being designed to be connected to a rule’’ as defined by 5 U.S.C. 804(2). PART 430—ENERGY CONSERVATION security or life safety alarm or IV. Approval of the Office of the PROGRAM FOR CONSUMER surveillance system component; and Secretary PRODUCTS (D) On establishment within the External Power Supply International The Secretary of Energy has approved ■ 3. The authority citation for part 430 Efficiency Marking Protocol, as publication of today’s final rule. continues to read as follows: referenced in the ‘‘Energy Star Program

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57900 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

Requirements for Single Voltage ADDRESSES: You may send comments by You may obtain further information External Ac-Dc and Ac-Ac Power any of the following methods: by examining the MCAI in the AD Supplies’’ (incorporated by reference, • Federal eRulemaking Portal: Go to docket. see § 430.3), published by the http://www.regulations.gov and follow Relevant Service Information Environmental Protection Agency, of a the instructions for sending your distinguishing mark for products comments electronically. WSK ‘‘PZL–Rzeszo´w’’ S.A has issued described in this clause, is permanently • Mail: U.S. Department of Obligatory Bulletin No. E–19W147B/ marked with the distinguishing mark. Transportation, 1200 New Jersey DOA/2010 (this bulletin has no issue * * * * * Avenue SE., West Building Ground date). The actions described in this [FR Doc. 2011–23965 Filed 9–16–11; 8:45 am] Floor, Room W12–140, Washington, DC service information are intended to BILLING CODE 6450–01–P 20590–0001. correct the unsafe condition identified • Hand Delivery: Deliver to Mail in the MCAI. address above between 9 a.m. and 5 FAA’s Determination and Requirements p.m., Monday through Friday, except DEPARTMENT OF TRANSPORTATION of This AD Federal holidays. • This product has been approved by Federal Aviation Administration Fax: (202) 493–2251. the aviation authority of Poland, and is Examining the AD Docket approved for operation in the United 14 CFR Part 39 You may examine the AD docket on States. Pursuant to our bilateral [Docket No. FAA–2011–0760; Directorate the Internet at http:// agreement with EASA, they have Identifier 2011–NE–10–AD; Amendment 39– www.regulations.gov; or in person at the notified us of the unsafe condition 16789; AD 2011–18–07] Docket Operations office between 9 a.m. described in the MCAI and service RIN 2120–AA64 and 5 p.m., Monday through Friday, information referenced above. We are except Federal holidays. The AD docket issuing this AD because we evaluated Airworthiness Directives; contains this AD, the regulatory all information provided by EASA and WYTWORNIA SPRZETU evaluation, any comments received, and determined the unsafe condition exists KOMUNIKACYJNEGO (WSK) ‘‘PZL– other information. The street address for and is likely to exist or develop on other RZESZOW’’—SPOLKA AKCYJNA (SA) the Docket Operations office (phone: products of the same type design. (800) 647–5527) is the same as the Mail PZL—10W Turboshaft Engines FAA’s Determination of the Effective address provided in the ADDRESSES AGENCY: Federal Aviation section. Comments will be available in Date Administration (FAA), DOT. the AD docket shortly after receipt. Since no domestic operators use this ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: product, notice and opportunity for comments. James Lawrence, Aerospace Engineer, public comment before issuing this AD Engine Certification Office, FAA, Engine are unnecessary. Therefore, we are SUMMARY: We are adopting a new & Propeller Directorate, 12 New England adopting this regulation immediately. airworthiness directive (AD) for the Executive Park, Burlington, MA 01803; Comments Invited products listed above. This AD results e-mail: [email protected]; phone: from mandatory continuing (781) 238–7176; fax: (781) 238–7199. This AD is a final rule that involves airworthiness information (MCAI) requirements affecting flight safety, and SUPPLEMENTARY INFORMATION: issued by an aviation authority of we did not precede it by notice and another country to identify and correct Discussion opportunity for public comment. We an unsafe condition on an aviation The European Aviation Safety Agency invite you to send any written relevant product. The MCAI describes the unsafe (EASA), which is the Technical Agent data, views, or arguments about this AD. condition as: for the Member States of the European Send your comments to an address An uncommanded engine in-flight Community, has issued EASA listed under the ADDRESSES section. shutdown of a PZL–10W has been recently Airworthiness Directive 2011–0030, Include ‘‘Docket No. FAA–2011–0760; reported. The investigation has shown that dated February 25, 2011, (referred to Directorate Identifier 2011–NE–10–AD’’ the uncommanded engine in-flight shutdown after this as ‘‘the MCAI’’), to correct an at the beginning of your comments. We was due to excessive spline wear on the fuel specifically invite comments on the metering pump shaft. unsafe condition for the specified products. The MCAI states: overall regulatory, economic, This condition, if not identified and environmental, and energy aspects of corrected, may lead to further uncommanded An uncommanded engine in-flight this AD. We will consider all comments in-flight engine shutdowns and consequent shutdown of a PZL–10W has been recently received by the closing date and may emergency landings of the affected reported. The investigation has shown that helicopters. the uncommanded engine in-flight shutdown amend this AD because of those comments. We are issuing this AD to prevent was due to excessive spline wear on the fuel metering pump shaft. We will post all comments we uncommanded engine in-flight This condition, if not identified and receive, without change, to http:// shutdown and risk to the helicopter. corrected, may lead to further uncommanded www.regulations.gov, including any DATES: This AD becomes effective in-flight engine shutdowns and consequent personal information you provide. We October 4, 2011. emergency landings of the affected will also post a report summarizing each We must receive comments on this helicopters. substantive verbal contact with FAA AD by October 19, 2011. To address this unsafe condition, WSK personnel concerning this AD. Using the The Director of the Federal Register ‘‘PZL–Rzeszo´w’’ S.A. has developed an search function of the Web site, anyone inspection programme of the fuel metering approved the incorporation by reference pump shaft. can find and read the comments in any of WSK Obligatory Bulletin No. E– For the reasons described above, this AD of our dockets, including, if provided, 19W147B/DOA/2010 (this bulletin has requires an inspection of the fuel metering the name of the individual who sent the no issue date), listed in the AD as of pump shaft and the accomplishment of the comment (or signed the comment on October 4, 2011. associated corrective actions, as applicable. behalf of an association, business, labor

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57901

union, etc.). You may review the DOT’s For the reasons discussed above, I Amendment 39–16789; Docket No. complete Privacy Act Statement in the certify this AD: FAA–2011–0760; Directorate Identifier Federal Register published on April 11, 1. Is not a ‘‘significant regulatory 2011–NE–10–AD. 2000 (65 FR 19477–78). action’’ under Executive Order 12866; Effective Date 2. Is not a ‘‘significant rule’’ under the Authority for This Rulemaking DOT Regulatory Policies and Procedures (a) This airworthiness directive (AD) becomes effective October 24, 2011. Title 49 of the United States Code (44 FR 11034, February 26, 1979); and specifies the FAA’s authority to issue 3. Will not have a significant Affected ADs rules on aviation safety. Subtitle I, economic impact, positive or negative, (b) None. section 106, describes the authority of on a substantial number of small entities the FAA Administrator. ‘‘Subtitle VII: under the criteria of the Regulatory Applicability Aviation Programs,’’ describes in more Flexibility Act. (c) This AD applies to WSK PZL–10W detail the scope of the Agency’s We prepared a regulatory evaluation series turboshaft engines with a fuel metering authority. of the estimated costs to comply with pump, part number ALRP–5, installed. These We are issuing this rulemaking under this AD and placed it in the AD docket. engines are installed on, but not limited to, the authority described in ‘‘Subtitle VII, PZL W–3A and PZL W–3AS helicopters. List of Subjects in 14 CFR Part 39 Part A, Subpart III, Section 44701: Reason General requirements.’’ Under that Air transportation, Aircraft, Aviation (d) The MCAI states that: safety, Incorporation by reference, section, Congress charges the FAA with An uncommanded engine in-flight promoting safe flight of civil aircraft in Safety. shutdown of a PZL–10W has been recently air commerce by prescribing regulations Adoption of the Amendment reported. The investigation has shown that for practices, methods, and procedures the uncommanded engine in-flight shutdown the Administrator finds necessary for Accordingly, under the authority was due to excessive spline wear on the fuel safety in air commerce. This regulation delegated to me by the Administrator, metering pump shaft. is within the scope of that authority the FAA amends 14 CFR part 39 as This condition, if not identified and because it addresses an unsafe condition follows: corrected, may lead to further uncommanded that is likely to exist or develop on in-flight engine shutdowns and consequent products identified in this rulemaking PART 39—AIRWORTHINESS emergency landings of the affected action. DIRECTIVES helicopters. We are issuing this AD to prevent Regulatory Findings ■ 1. The authority citation for part 39 uncommanded engine in-flight shutdown We determined that this AD will not continues to read as follows: and risk to the helicopter. have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. Actions and Compliance Executive Order 13132. This AD will § 39.13 [Amended] (e) Within the compliance time indicated not have a substantial direct effect on in Table 1 of this AD, perform a one time ■ 2. The FAA amends § 39.13 by adding the States, on the relationship between inspection of spline teeth on the fuel the national government and the States, the following new AD: metering pump shaft for excessive wear Use or on the distribution of power and 2011–18–07 WYTWORNIA SPRZETU WSK Obligatory Bulletin no. E–19W147B/ responsibilities among the various KOMUNIKACYJNEGO (WSK) PZL— DOA/2010 (this bulletin has no issue date) to levels of government. Rzeszow’’ SPOLKA AKCYJNA (SA): do the inspection.

TABLE 1

Engine configuration at the effective date of this AD Compliance time for the inspection

(1) Engine fitted with a fuel metering pump that has accumulated grater Within 25 hours of engine operation after the effective date of this AD. than or equal to 1 000 hours of engine operation since new or since last overhaul.. (2) Engine fitted with a fuel metering pump that has accumulated less Before accumulating 1,000 hours of engine operation since new or than 1 000 hours since new or since last overhaul.. since last overhaul, or within 25 hours of engine operation after the effective date of this AD, whichever is later.

(3) Do not operate any aircraft with an Alternative Methods of Compliance information collection is 2120–0056. Public engine fuel metering pump that fails the (AMOCs) reporting for this collection of information is inspection required by paragraph (e) of this (1) The Manager, Engine Certification estimated to be approximately 5 minutes per response, including the time for reviewing AD. Office, FAA, has the authority to approve instructions, completing and reviewing the (4) After the effective date of this AD, do AMOCs for this AD, if requested using the collection of information. All responses to not install any ALRP–5 fuel pump on an procedures found in 14 CFR 39.19. this collection of information are mandatory. engine unless it passes the inspection Paperwork Reduction Act Burden Statement Comments concerning the accuracy of this required by paragraph (e) of this AD. burden and suggestions for reducing the (2) For any reporting requirement in this burden should be directed to the FAA at: 800 FAA AD Differences AD, a federal agency may not conduct or Independence Ave. SW., Washington, DC (f) This AD doesn’t require reporting. sponsor, and a person is not required to 20591, Attn: Information Collection respond to, nor shall a person be subject to Clearance Officer, AES–200. Other FAA AD Provisions a penalty for failure to comply with a Related Information (g) The following provisions also apply to collection of information subject to the this AD: requirements of the Paperwork Reduction (h) Refer to MCAI Airworthiness Directive Act unless that collection of information 2011–0030, dated February 25, 2011. displays a current valid OMB Control (i) Contact James Lawrence, Aerospace Number. The OMB Control Number for this Engineer, Engine Certification Office, FAA,

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57902 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

Engine & Propeller Directorate, 12 New reference action under 1 CFR part 51, ‘‘legal description’’ listing each point England Executive Park, Burlington, MA subject to the annual revision of FAA that makes up the route. For area 01803; e-mail: [email protected]; Order 7400.9 and publication of navigation (RNAV) routes, the legal phone: (781) 238–7176; fax: (781) 238–7199, conforming amendments. description also includes the latitude for more information about this AD. FOR FURTHER INFORMATION CONTACT: Paul and longitude of each point. Once the Material Incorporated by Reference Gallant, Airspace, Regulations and ATC establishment of, or modification of, a (j) You must use WYTWO´ RNIA SPRZE˛ TU Procedures Group, Office of Airspace route is adopted in a final rule, the route KOMUNIKACYJNEGO Obligatory Bulletin Services, Federal Aviation will be illustrated on the appropriate No. E–19W147B/DOA/2010 (this bulletin has Administration, 800 Independence aeronautical chart(s). no issue date), to do the actions required by Avenue, SW., Washington, DC 20591; Another commenter commented this AD, unless the AD specifies otherwise. telephone: (202) 267–8783. generally that the proposal (1) The Director of the Federal Register SUPPLEMENTARY INFORMATION: circumvented the Administrative approved the incorporation by reference of Procedure Act (APA). The FAA does not this service information under 5 U.S.C. History agree. The APA (Title 5, U.S.C., section 552(a) and 1 CFR part 51. (2) For service information identified in On May 17, 2011, the FAA published 553) governs the process by which this AD, contact WYTWO´ RNIA SPRZE˛ TU in the Federal Register a notice of agencies of the Federal government may KOMUNIKACYJNEGO PZL—Rzeszo´w’’ S.A. proposed rulemaking to amend jet route propose and establish regulations. The Hetman´ ska 120 35–078 RZESZO´ W; Poland; J–60, area navigation (RNAV) route Q– FAA has fully complied with APA phone: (0–17) 8546100, 8546200, fax: (0–17) 42, and VOR Federal airways V–16, V– notice and comment requirements 8620750. 229 and V–449 (76 FR 28379). In applicable to this rulemaking action. (3) You may review copies at the FAA, addition, the FAA proposed to establish Safety Issues New England Region, 12 New England four new RNAV routes designated as Q– Executive Park, Burlington, MA; or at the 62, Q–406, Q–448 and Q–480. The Commenters argued that the proposed National Archives and Records routes are a danger to the public, that Administration (NARA). For information on changes were proposed to facilitate the routing of westbound air traffic aircraft should not overfly residential the availability of this material at NARA, call areas for safety reasons, and that the (202) 741–6030, or go to: http:// departing the New York metropolitan www.archives.gov/federal-register/cfr/ibr- area and better sequence departing redesigned flight paths will strain and locations.html. traffic with en route overflight traffic to subject airports beyond their physical limitations and place the community at Issued in Burlington, Massachusetts on reduce delays within the New York terminal airspace. Additionally, the risk. The FAA does not agree that the August 18, 2011. changes adopted in this rule will Peter A. White, changes were designed to more efficiently accommodate aircraft landing adversely impact safety. To the contrary, Manager, Engine and Propeller Directorate, the routes have been carefully designed Aircraft Certification Service. within the Potomac Terminal Radar Approach Control (TRACON) airspace. to enhance the safety and efficiency of [FR Doc. 2011–23930 Filed 9–16–11; 8:45 am] Interested parties were invited to air traffic operations. As with other BILLING CODE 4910–13–P participate in this rulemaking effort by major U.S. cities served by high volume submitting written comments on the airport(s), the New York metropolitan area is densely populated with DEPARTMENT OF TRANSPORTATION proposal. Forty comments were received. residential land uses surrounding all of the major airports. Arrivals into and Federal Aviation Administration Discussion of Comments departures from these airports cannot avoid overflight of all residential areas. 14 CFR Part 71 Comments received fell within three general categories: administrative The ATS route changes in this route [Docket No. FAA–2011–0376; Airspace issues, safety issues and environmental will not put a strain on airport Docket No. 10–AEA–11] issues. operations or place the surrounding communities at risk. The route changes RIN 2120–AA66 Administrative Issues will, however, serve to increase the Amendment and Establishment of Air One commenter believed that there safety and efficiency of air traffic Traffic Service Routes; Northeast was an error in the description of operations at the airports as part of a United States Federal airway V–229 as published in solution to the longstanding issues of air the NPRM. The FAA reviewed the traffic congestion and delays. AGENCY: Federal Aviation proposed V–229 description and Administration (FAA), DOT. determined that it was correctly Environmental Issues ACTION: Final rule. published. Several commenters contend The majority of the comments that the description of the proposed received dealt with one or more SUMMARY: This action amends five ATS route changes in the NPRM are not environmental concerns. Many opposed existing Air Traffic Service (ATS) routes easily understandable to the general the changes stating that additional and establishes four new ATS routes. public. The FAA does not include a environmental study was required. The The existing routes being amended are graphic depiction of ATS route FAA does not agree. The National Q–42, J–60, V–16, V–229 and V–449. proposals in a NPRM because most ATS Environmental Policy Act (NEPA) The new routes are Q–62, Q–406, Q–448 routes extend for long distances and the requires the FAA to conduct an and Q–480. The FAA is taking this reduced scale used by the Federal environmental review prior to action to increase National Airspace Register when publishing the graphic implementing any Federal action, such System (NAS) efficiency, enhance safety would cause the resulting ‘‘picture’’ to as the implementation of new or and reduce delays within the New York be compressed to such a degree that it amended air traffic procedures. All of metropolitan area airspace. would provide little value to a the routes described in this rulemaking DATES: Effective date 0901 UTC, October commenter. The NPRM for this proposal were reviewed accordingly. Public 20, 2011. The Director of the Federal did include a written description of the comments received in response to the Register approves this incorporation by changes for each route as well as the NPRM were considered during this

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57903

review, as well as the potential for International Airport (JFK) to conduct and the Broadway, NJ 295° radial) to be extraordinary circumstances resulting unrestricted climbs to their en route moved 0.58 nautical miles to the from these new and amended routes. altitudes. This change not only reduces southeast. These changes simplify Others believed that the ATS route noise in areas surrounding JFK by navigation by creating a single dog-leg, changes significantly modify the NY/NJ/ getting aircraft to higher altitudes faster, removing all references to Ravine, PA PHL Metropolitan Area Airspace it also helps to deconflict air traffic. and the Broadway, NJ and using only Redesign project, approved in 2007. Some communities felt that they are the Philipsburg, PA and Sparta, NJ None of the ATS routes contained in unfairly impacted by low flying aircraft bearings as a reference for this portion this action impact the findings in the and that traffic should be spread by of the airway. NY/NJ/PHL Metropolitan Area Airspace using other airways. The area near An editorial change is made to Q–406 Redesign Environmental Impact LaGuardia Airport (LGA) was cited as and Q–448 by changing the name of one Statement (EIS). an example. It should be emphasized waypoint in the description from JEETR Some commenters called for the FAA that the ATS route changes in this rule to DBABE. After publication of the to conduct an EIS, as was done for the will not result in additional air traffic NPRM, it was found that a similar NY/NJ/PHL Metropolitan Area Airspace volume. Instead, the routes are designed sounding fix (JETER) already existed in Redesign, and to obtain air quality to provide operational improvements in the NAS within 120 miles of the 1 sampling information. An EIS is not the existing en route airway structure to proposed JEETR. To avoid confusion, warranted for these actions because the handle existing air traffic in a safe and and in the interest of safety, the routes are too high to create a significant more efficient manner. Further, these waypoint name change is being made. It noise impact. Furthermore, route changes do not change the flight is important to note that the latitude and implementation of the ATS routes in tracks into and out of LGA. The FAA longitude of this waypoint did not this rule are expected to improve overall reviewed LGA’s arrival and departure change from that set forth in the NPRM fuel savings and therefore, would flight tracks and found that procedures and, therefore, the alignment of Q–406 decrease air quality impacts. in use at LGA have not undergone any and Q–448 remains the same as The five ATS routes that are amended significant changes since October 2007. proposed. in this rule (J–60, Q–42, Q–406, Q–448 The arrival and departure routes for and Q–480) are in the high altitude A minor change to the position of the LGA (and any other airport) depend on CANDR waypoint affects the description structure and their lowest base altitude a variety of factors including: runway in is 18,000 feet MSL.2 Since the base of Q–480. The proposed position of use, weather, the aircraft’s destination, CANDR was lat. 40°58′02″ N., long. altitude of the routes is 18,000 feet MSL, the proximity of other airports and air 74°57′30″ W. As a result of refinements no noise analysis is required. (See 65 FR traffic to and from those airports. The aligning CANDR as an intersection on J– 76339; December 6, 2000.) Route Q–62 procedures that take departing aircraft 60, Q–480 and the DEEZZ Standard is a new high altitude route which also from the runway up to join their Instrument Departure Procedure, the has a base altitude of 18,000 feet MSL intended airway in the en route latitude/longitude position of CANDR and does not require noise analysis. structure, or bring arriving aircraft down was adjusted by 0.38 nautical miles. The Additionally, Q–62 overlies an existing from the en route airway structure to the revised CANDR coordinates are lat. jet route J–64. Routes V–16, V–229, and runway, are designed to maintain safety 40°57′59.35″ N., long. 74°57′28.70″ W. V–449 are existing routes in the low and efficiency. This is especially altitude structure. These routes include important in a complex airspace area, Due to rounding, the CANDR altitudes between 10,000 and 18,000 coordinates in the Q–480 legal such as New York with its several major ° feet MSL which are utilized primarily description are lat. 40 57’59’’N., long. airports (JFK, LGA, Newark-Liberty ° by single-engine propeller-driven International, etc.) being in such close 74 57’29’’W. aircraft. Because of the altitudes of those proximity. The routing of V–449 differs from the routes, no noise analysis is required.3 The amendments to these ATS routes NPRM in that the proposed segment that (See 65 FR 76339; December 6, 2000.) do not trigger any extraordinary extended between the Selinsgrove, PA The noise information in the Noise circumstances, and therefore an VORTAC and the Milton, PA VORTAC Mitigation Report is not expected to environmental assessment is not has been deleted. Flight inspection of change as a result of this rule because, warranted. The FAA has determined that segment could not be completed in as previously discussed, the majority of that this action is categorically excluded the allotted time, so the segment is the ATS changes in this rule occur in accordance with FAA Order 1050.1E, being deleted from the route above 10,000 feet MSL. Additionally, paragraphs 311a, 311b and 311i. description. both V–16 and V–229 were realigned The Rule slightly in order to provide airspace for Differences From NPRM aircraft departing John F. Kennedy There are no changes to the This action amends Title 14 Code of descriptions of ATS Routes Q–42, Q–62, Federal Regulation (14 CFR) part 71 by 1 The FAA did prepare an EIS for the NY/NJ/PHL V–16, and V–229 from that published in modifying existing routes J–60, Q–42, Metropolitan Area Airspace Redesign project. The the NPRM. Minor changes or edits were V–16, V–229 and V–449. J–60 is EIS contained a fuel burn analysis resulting in a realigned to help reduce congestion and ‘‘presumed to conform’’ air quality determination. made to J–60, Q–406, Q–480 and Q–448, The FAA also published noise impacts attributed to as described below. J–60 has been converging en route aircraft flows, and the NY/NJ/PHL Airspace Redesign project in a modified slightly from the proposal. The to mitigate a choke point over the report titled ‘‘Noise Mitigation Report,’’ dated April position of the dog-leg referenced in the existing ELIOT departure fix. 6, 2007. This report can be found on the project Web site at the following link: http://www.faa.gov/ NPRM (northwest of East Texas, PA RNAV route Q–42 is amended by air_traffic/nas_redesign/regional_guidance/ VOR/DME) was moved 0.3 nautical deleting the current segments between eastern_reg/nynjphl_redesign/documentation/ miles southeast of the proposed position the BRNAN, PA, waypoint (WP) and media.Noise_Mitigation_Report.pdf. along the path of the original J–60. From ELIOT, PA, WP and replacing them with 2 These five ATS routes were studied in the NY/ this point, the airway turns and segments extending from BRNAN WP to NJ/PHL Metropolitan Area Airspace Redesign (EIS). 3 Routes Q–62, V–16, V–229, and V–499 were not proceeds directly to the SPARTA new WPs HOTEE, PA; BTRIX, PA; included in the NY/NJ/PHL Metropolitan Area VORTAC. This caused the NEWEL SPOTZ, PA, and terminating at a new Airspace Redesign EIS. intersection (SPARTA, NJ 253° radial waypoint ZIMMZ, NJ. This change will

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57904 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

also help reduce converging flows and published in paragraph 2006, and VOR Environmental Review congestion. Federal airways are published in VOR Federal airways V–16 and V–229 paragraph 6010, respectively, of FAA The FAA has determined that this are amended by inserting a dogleg north Order 7400.9V dated August 9, 2011, action is categorically excluded from of their present courses by following the and effective September 15, 2011, which further environmental documentation Kennedy VOR/DME 040° radial is incorporated by reference in 14 CFR according to FAA Order 1050.1E, northeast of Kennedy VOR/DME. V–16 71.1. The jet routes, high altitude RNAV paragraph 311a, 311b, and 311i. The then turns east bound, bypassing the routes and VOR Federal airways listed implementation of this action will not Deer Park VOR/DME, then proceeds to in this document will be subsequently result in any extraordinary the Calverton VOR/DME and resumes published in the Order. circumstances in accordance with its current course. V–229 is also The FAA has determined that this paragraph 304 of Order 1050.1E. modified along the Kennedy VOR/DME regulation only involves an established List of Subjects in 14 CFR Part 71 040° radial, then turns eastbound to re- body of technical regulations for which intercept its current course toward the frequent and routine amendments are Airspace, Incorporation by reference, Bridgeport, CT, VOR/DME. The V–16 necessary to keep them operationally Navigation (air). and V–229 changes are intended to free current. Therefore, this regulation: (1) Is Adoption of the Amendment up airspace to accommodate a climb not a ‘‘significant regulatory action’’ corridor for John F. Kennedy under Executive Order 12866; (2) is not In consideration of the foregoing, the International Airport (JFK) departures. a ‘‘significant rule’’ under Department of Federal Aviation Administration V–449, which currently extends Transportation (DOT) Regulatory amends 14 CFR part 71 as follows: between the Lake Henry, PA, VORTAC Policies and Procedures (44 FR 11034; and the Albany, NY, VORTAC, is February 26, 1979); and (3) does not PART 71—DESIGNATION OF CLASS A, lengthened westward by adding a new warrant preparation of a regulatory B, C, D, AND E AIRSPACE AREAS; AIR segment that extends between the evaluation because the anticipated TRAFFIC SERVICE ROUTES; AND Milton, PA, VORTAC and the Lake impact is so minimal. Since this is a REPORTING POINTS Henry, PA, VORTAC. This change will routine matter that will only affect air facilitate routing for arrivals into La traffic procedures and air navigation, it ■ 1. The authority citation for part 71 Guardia Airport. is certified that this rule, when continues to read as follows: Four new RNAV routes are being promulgated, will not have a significant Authority: 49 U.S.C. 106(g), 40103, 40113, established and designated as Q–62, Q– economic impact on a substantial 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 406, Q–448 and Q–480. Q–62 will number of small entities under the 1963 Comp., p. 389. enhance westward flows, reduce criteria of the Regulatory Flexibility Act. congestion and provide flexibility for The FAA’s authority to issue rules § 71.1 [Amended] aircraft entering the Cleveland ARTCC regarding aviation safety is found in ■ 2. The incorporation by reference in area and routings toward Chicago. Title 49 of the United States Code. 14 CFR 71.1 of FAA Order 7400.9V, Q–406, Q–448 and Q–480, along with Subtitle I, Section 106 describes the Airspace Designations and Reporting the amended Q–42, will reduce current authority of the FAA Administrator. Points, dated August 9, 2011 and converging en route flows that result Subtitle VII, Aviation Programs, effective September 15, 2011, is from dependency on ground-based describes in more detail the scope of the amended as follows: navigation aids. The new Q-route agency’s authority. segments will permit some alignment This rulemaking is promulgated Paragraph 2004 Jet Routes with New York departure fixes NEWEL, under the authority described in * * * * * CANDR and ZIMMZ. These new fixes Subtitle VII, Part A, Subpart I, Section will be used for departures from the 40103. Under that section, the FAA is J–60 [Amended] New York metropolitan area airports to charged with prescribing regulations to From Los Angeles, CA; via Paradise, CA; transition and merge aircraft from the assign the use of the airspace necessary Hector, CA; Boulder City, NV; Bryce Canyon, terminal structure into the high altitude to ensure the safety of aircraft and the UT; Hanksville, UT; Red Table, CO; Mile efficient use of airspace. This regulation High, CO; Hayes Center, NE; Lincoln, NE; en route structure and vice versa. In Iowa City, IA; Joliet, IL; Goshen, IN; DRYER, addition, the new routes will relieve is within the scope of that authority OH; Philipsburg, PA; INT Philipsburg 100° congestion by providing alternate because it modifies the route structure and Sparta, NJ, 253° radials to Sparta, NJ. routings for aircraft landing at airports of Jet Routes as required to preserve the * * * * * outside the New York Metropolitan safe and efficient flow of air traffic. area. Radials listed in this rule are Paragraph 2006 United States Area Jet routes are published in paragraph expressed in degrees relative to True Navigation Routes 2004, high altitude RNAV routes are North. * * * * *

Q42 Kirksville, MO (IRK) to ZIMMZ, NJ [Amended] Kirksville, MO (IRK) ...... VORTAC ...... (Lat. 40°08′06″ N., long. 92°35′30″ W.) STRUK, IL ...... WP ...... (Lat. 40°14′04″ N., long. 90°18′22″ W.) Danville, IL (DNV) ...... VORTAC ...... (Lat. 40°17′38″ N., long. 87°33′26″ W.) Muncie, IN (MIE) ...... VOR/DME ...... (Lat. 40°14′14″ N., long. 85°23′39″ W.) HIDON, OH ...... WP ...... (Lat. 40°10′00″ N., long. 81°37′27″ W.) BUBAA, OH ...... WP ...... (Lat. 40°10′27″ N., long. 80°58′17″ W.) PSYKO, PA ...... WP ...... (Lat. 40°08′37″ N., long. 79°09′13″ W.) BRNAN, PA ...... WP ...... (Lat. 40°08′07″ N., long. 77°50′07″ W.) HOTEE, PA ...... WP ...... (Lat. 40°20′36″ N., long. 76°29′37″ W.) BTRIX, PA ...... WP ...... (Lat. 40°36′06″ N., long. 75°49′11″ W.) SPOTZ, PA ...... WP ...... (Lat. 40°45′55″ N., long. 75°22′59″ W.) ZIMMZ, NJ ...... WP ...... (Lat. 40°48′11″ N., long. 75°07′25″ W.)

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57905

******* Q62 NOLNN, OH to SARAA, PA [New] NOLNN, OH ...... WP ...... (Lat. 41°14′04″ N., long. 84°38′12″ W.) WEEVR, OH ...... WP ...... (Lat. 41°13′21″ N., long. 84°13′04″ W.) PSKUR, OH ...... WP ...... (Lat. 41°09′16″ N., long. 82°42′57″ W.) FAALS, OH ...... WP ...... (Lat. 41°02′51″ N., long. 80°52′40″ W.) ALEEE, OH ...... WP ...... (Lat. 41°00′28″ N., long. 80°31′54″ W.) QUARM, PA ...... WP ...... (Lat. 40°49′45″ N., long. 79°04′39″ W.) BURNI, PA ...... FIX ...... (Lat. 40°39′25″ N., long. 77°48′14″ W.) MCMAN, PA ...... FIX ...... (Lat. 40°38′16″ N., long. 77°34′14″ W.) VALLO, PA ...... FIX ...... (Lat. 40°37′37″ N., long. 77°26′18″ W.) Ravine, PA (RAV) ...... VORTAC ...... (Lat. 40°33′12″ N., long. 76°35′58″ W.) SUZIE, PA ...... FIX ...... (Lat. 40°27′12″ N., long. 75°58′22″ W.) SARAA, PA ...... FIX ...... (Lat. 40°26′22″ N., long. 75°53′16″ W.) Q406 Broadway, NJ (BWZ) to Barnes, MA (BAF) [New] Broadway, NJ (BWZ) ...... VOR/DME ...... (Lat. 40°47′54″ N., long. 74°49′19″ W.) DBABE, NY ...... WP ...... (Lat. 41°08′30″ N., long. 74°05′46″ W.) BASYE, NY ...... FIX ...... (Lat. 41°20′37″ N., long. 73°47′55″ W.) TRIBS, CT ...... WP ...... (Lat. 41°39′29″ N., long. 73°19′03″ W.) BIGGO, CT ...... FIX...... (Lat. 41°57′21″ N., long. 73°04′05″ W.) Barnes, MA (BAF) ...... VORTAC ...... (Lat. 42°09′43″ N., long. 72°42′58″ W.) Q448 Pottstown, PA (PTW) to Barnes, MA (BAF) [New] Pottstown, PA (PTW) ...... VORTAC ...... (Lat. 40°13′20″ N., long. 75°33′37″ W.) LANNA, NJ ...... FIX ...... (Lat. 40°33′35″ N., long. 75°01′40″ W.) DBABE, NY ...... WP ...... (Lat. 41°08′30″ N., long. 74°05′46″ W.) BASYE, NY ...... FIX ...... (Lat. 41°20′37″ N., long. 73°47′55″ W.) TRIBS, CT ...... WP ...... (Lat. 41°39′29″ N., long. 73°19′03″ W.) BIGGO, CT ...... FIX...... (Lat. 41°57′21″ N., long. 73°04′05″ W.) Barnes, MA (BAF) ...... VORTAC ...... (Lat. 42°09′43″ N., long. 72°42′58″ W.) Q480 ZANDR, OH to Kennebunk, ME (ENE) [New] ZANDR, OH ...... FIX ...... (Lat. 40°00′19″ N., long. 81°31′58″ W.) Bellaire, OH (AIR) ...... VOR/DME ...... (Lat. 40°01′01″ N., long. 80°49′02″ W.) LEJOY, PA ...... FIX ...... (Lat. 40°00′12″ N., long. 79°24′54″ W.) VINSE, PA ...... FIX ...... (Lat. 39°58′16″ N., long. 77°57′21″ W.) BEETS, PA ...... WP ...... (Lat. 39°57′20″ N., long. 77°26′59″ W.) HOTEE, PA ...... WP ...... (Lat. 40°20′36″ N., long. 76°29′37″ W.) BTRIX, PA ...... WP ...... (Lat. 40°36′06″ N., long. 75°49′11″ W.) SPOTZ, PA ...... WP ...... (Lat. 40°45′55″ N., long. 75°22′59″ W.) CANDR, NJ ...... WP ...... (Lat. 40°57′59″ N., long. 74°57′29″ W.) JEFFF, NJ ...... WP ...... (Lat. 41°14′46″ N., long. 74°27′43″ W.) Kingston, NY (IGN) ...... VOR/DME ...... (Lat. 41°39′56″ N., long. 73°49′20″ W.) LESWL, CT ...... WP ...... (Lat. 41°53′31″ N., long. 73°19′20″ W.) Barnes, MA (BAF) ...... VORTAC ...... (Lat. 42°09′43″ N., long. 72°42′58″ W.) Kennebunk, ME (ENE) ...... VORTAC ...... (Lat. 43°25′32″ N., long. 70°36′49″ W.)

* * * * * airspace within Restricted Areas R–5002A, Issued in Washington, DC on September R–5002C, and R–5002D is excluded during 12, 2011. Paragraph 6010 VOR Federal Airways their times of use. The airspace within Gary A. Norek, Restricted Areas R–4005 and R–4006 is V–16 [Amended] Acting Manager, Airspace, Regulations and excluded. From Los Angeles, CA; Paradise, CA; Palm ATC Procedures Group. Springs, CA; Blythe, CA; Buckeye, AZ; V–229 [Amended] [FR Doc. 2011–23839 Filed 9–16–11; 8:45 am] ° Phoenix, AZ; INT Phoenix 155 and From Patuxent, MD; INT Patuxent 036° and ° BILLING CODE 4910–13–P Stanfield, AZ, 105 radials; Tucson, AZ; Atlantic City, NJ, 236° radials; Atlantic City; Cochise, AZ; Columbus, NM; El Paso, TX; INT Atlantic City 055° and Colts Neck, NJ, Salt Flat, TX; Wink, TX; INT Wink 066° and 181° radials; INT Colts Neck 181° and ° Big Spring, TX, 260 radials; Big Spring; Kennedy, NY, 209° radials; Kennedy; INT DEPARTMENT OF HEALTH AND ° ° Abilene, TX; Bowie, TX; Bonham, TX; Paris, Kennedy 040 and Calverton, NY, 261 HUMAN SERVICES TX; Texarkana, AR; Pine Bluff, AR; Marvell, radials; INT Calverton 261° and Kennedy AR; Holly Springs, MS; Jacks Creek, TN; ° ° 053 radials; INT Kennedy 053 and Food and Drug Administration Shelbyville, TN; Hinch Mountain, TN; Bridgeport, CT, 200° radials; Bridgeport; Volunteer, TN; Holston Mountain, TN; Hartford, CT; INT Hartford 040° and Gardner, Pulaski, VA; Roanoke, VA; Lynchburg, VA; MA, 195° radials; Gardner; Keene, NH; INT 21 CFR Part 522 Flat Rock, VA; Richmond, VA; INT Keene 336° and Burlington, VT, 160° radials; Richmond 039° and Patuxent, MD, 228° to Burlington. The airspace within R–5002B [Docket No. FDA–2011–N–0003] radials; Patuxent; Smyrna, DE; Cedar Lake, is excluded during times of use. The airspace NJ; Coyle, NJ; INT Coyle 036° and Kennedy, below 2,000 feet MSL outside the United Implantation or Injectable Dosage NY, 209° radials; Kennedy; INT Kennedy States is excluded. Form New Animal Drugs; Ivermectin 040° and Calverton, NY, 261° radials; Calverton; Norwich, CT; V–449 [Amended] AGENCY: Food and Drug Administration, Boston, MA. The airspace within Mexico From Milton, PA; INT Milton 064° and HHS. ° and the airspace below 2,000 feet MSL Williamsport, PA 109 radials; Lake Henry, ACTION: Final rule. outside the United States is excluded. The PA; DeLancey, NY; Albany, NY.

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57906 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

SUMMARY: The Food and Drug PART 522—IMPLANTATION OR (gamithromycin), an injectable solution, Administration (FDA) is amending the INJECTABLE DOSAGE FORM NEW in beef and non-lactating dairy cattle for animal drug regulations to reflect ANIMAL DRUGS the treatment of BRD associated with approval of an abbreviated new animal Mannheimia haemolytica, Pasteurella drug application (ANADA) filed by ■ 1. The authority citation for 21 CFR multocida, and Histophilus somni; and Cross Vetpharm Group Ltd. The part 522 continues to read as follows: for the control of respiratory disease in ANADA provides for use of an Authority: 21 U.S.C. 360b. beef and non-lactating dairy cattle at ivermectin injectable solution for high risk of developing BRD associated ■ 2. In § 522.1192, revise paragraph treatment and control of various internal with M. haemolytica and P. multocida. (b)(2) to read as follows: and external parasites in cattle, swine, The application is approved as of June reindeer, and American bison. § 522.1192 Ivermectin. 16, 2011, and the regulations are DATES: This rule is effective September * * * * * amended in 21 CFR parts 522 and 556 19, 2011. (b) * * * to reflect the approval. FOR FURTHER INFORMATION CONTACT: John (2) Nos. 055529, 058005, 059130, and A summary of safety and effectiveness K. Harshman, Center for Veterinary 061623 for use of the product described data and information submitted to Medicine (HFV–170), Food and Drug in paragraph (a)(2) of this section as in support approval of this application Administration, 7500 Standish Pl., paragraphs (e)(2), (e)(3), (e)(4), and (e)(5) may be seen in the Division of Dockets Rockville, MD 20855, 240–276–8197, e- of this section. Management (HFA–305), Food and Drug mail: [email protected]. * * * * * Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 SUPPLEMENTARY INFORMATION: Cross Dated: September 13, 2011. Vetpharm Group Ltd., Broomhill Rd., a.m. and 4 p.m., Monday through Bernadette Dunham, Tallaght, Dublin 24, Ireland, filed Friday. ANADA 200–447 for the use of Director, Center for Veterinary Medicine. Under section 512(c)(2)(F)(i) of the BIMECTIN (ivermectin) Injection for [FR Doc. 2011–23865 Filed 9–16–11; 8:45 am] Federal Food, Drug, and Cosmetic Act Cattle and Swine for treatment and BILLING CODE 4160–01–P (21 U.S.C. 360b(c)(2)(F)(i)), this control of various internal and external approval qualifies for 5 years of parasites in cattle, swine, reindeer, and marketing exclusivity beginning on the American bison. Cross Vetpharm Group DEPARTMENT OF HEALTH AND date of approval. HUMAN SERVICES Ltd.’s BIMECTIN Injection for Cattle and The Agency has determined under 21 Swine is approved as a generic copy of Food and Drug Administration CFR 25.33 that this action is of a type Merial Ltd.’s IVOMEC (ivermectin) that does not individually or Injection for Cattle and Swine, approved 21 CFR Parts 522 and 556 cumulatively have a significant effect on under NADA 128–409. The ANADA is the human environment. Therefore, approved as of July 5, 2011, and the [Docket No. FDA–2011–N–0003] neither an environmental assessment regulations in 21 CFR 522.1192 are nor an environmental impact statement New Animal Drugs; Gamithromycin amended to reflect the approval. is required. A summary of safety and effectiveness AGENCY: Food and Drug Administration, This rule does not meet the definition data and information submitted to HHS. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because support approval of this application ACTION: Final rule. it is a rule of ‘‘particular applicability.’’ may be seen in the Division of Dockets Therefore, it is not subject to the Management (HFA–305), Food and Drug SUMMARY: The Food and Drug congressional review requirements in 5 Administration, 5630 Fishers Lane, Rm. Administration (FDA) is amending the U.S.C. 801–808. 1061, Rockville, MD 20852, between 9 animal drug regulations to reflect a.m. and 4 p.m., Monday through approval of an original new animal drug List of Subjects Friday. application (NADA) filed by Merial, Ltd. 21 CFR Part 522 FDA has determined under 21 CFR The NADA provides for the veterinary 25.33 that this action is of a type that prescription use of gamithromycin Animal drugs. does not individually or cumulatively injectable solution for the management 21 CFR Part 556 have a significant effect on the human of bovine respiratory disease (BRD). environment. Therefore, neither an FDA is also amending the regulations to Animal drugs, Foods. environmental assessment nor an add the established tolerances for Therefore, under the Federal Food, environmental impact statement is residues of gamithromycin in edible Drug, and Cosmetic Act and under required. tissues of cattle. authority delegated to the Commissioner This rule does not meet the definition DATES: This rule is effective September of Food and Drugs and redelegated to of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 19, 2011. the Center for Veterinary Medicine, 21 it is a rule of ‘‘particular applicability.’’ CFR parts 522 and 556 are amended as Therefore, it is not subject to the FOR FURTHER INFORMATION CONTACT: follows: congressional review requirements in 5 Cindy L. Burnsteel, Center for U.S.C. 801–808. Veterinary Medicine (HFV–130), Food and Drug Administration, 7500 Standish PART 522—IMPLANTATION OR List of Subjects in 21 CFR Part 522 Pl., Rockville, MD 20855, 240–276– INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS Animal drugs. 8341, e-mail: [email protected]. Therefore, under the Federal Food, ■ 1. The authority citation for 21 CFR Drug, and Cosmetic Act and under SUPPLEMENTARY INFORMATION: Merial part 522 continues to read as follows: authority delegated to the Commissioner Ltd., 3239 Satellite Blvd., Bldg. 500, of Food and Drugs and redelegated to Duluth, GA 30096–4640 filed NADA Authority: 21 U.S.C. 360b. the Center for Veterinary Medicine, 21 141–328 that provides for the veterinary ■ 2. Section 522.1014 is added to read CFR part 522 is amended as follows: prescription use of ZACTRAN as follows:

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57907

§ 522.1014 Gamithromycin. DEPARTMENT OF HEALTH AND it is a rule of ‘‘particular applicability.’’ (a) Specifications. Each milliliter (mL) HUMAN SERVICES Therefore, it is not subject to the of solution contains 150 milligrams (mg) congressional review requirements in 5 Food and Drug Administration gamithromycin. U.S.C. 801–808. (b) Sponsor. See No. 050604 in 21 CFR Part 556 List of Subjects in 21 CFR Part 556 § 510.600(c) of this chapter. Animal drugs, Foods. [Docket No. FDA–2011–N–0003] (c) Related tolerances. See § 556.292 Therefore, under the Federal Food, of this chapter. Tolerances for Residues of New Drug, and Cosmetic Act and under (d) Conditions of use—(1) Cattle—(i) Animal Drugs in Food; Progesterone authority delegated to the Commissioner Amount. Administer 6 mg/kilogram of of Food and Drugs and redelegated to body weight (2 mL per 110 pounds) one AGENCY: Food and Drug Administration, the Center for Veterinary Medicine, 21 time by subcutaneous injection in the HHS. CFR part 556 is amended as follows: neck. ACTION: Final rule; technical (ii) Indications for use. For the amendment. PART 556—TOLERANCES FOR treatment of bovine respiratory disease RESIDUES OF NEW ANIMAL DRUGS SUMMARY: The Food and Drug (BRD) associated with Mannheimia IN FOOD Administration (FDA) is amending the haemolytica, Pasteurella multocida, and animal drug regulations to update the ■ 1. The authority citation for 21 CFR Histophilus somni in beef and non- allowable incremental increase for part 556 continues to read as follows: lactating dairy cattle; and for the control residues of progesterone in edible of respiratory disease in beef and non- Authority: 21 U.S.C. 342, 360b, 371. tissues of cattle and sheep based on the lactating dairy cattle at high risk of 1994 revised daily consumption values. ■ 2. Revise § 556.540 to read as follows: developing BRD associated with M. This action is being taken to improve haemolytica and P. multocida. § 556.540 Progesterone. the accuracy of the regulations. (iii) Limitations. Cattle intended for (a) [Reserved] DATES: This rule is effective September human consumption must not be (b) Tolerances. Residues of 19, 2011. slaughtered within 35 days from the last progesterone are not permitted in excess treatment. Do not use in female dairy FOR FURTHER INFORMATION CONTACT: of the following increments above the cattle 20 months of age or older. A Kevin Gaido, Center for Veterinary concentrations of progesterone naturally withdrawal period has not been Medicine (HFV–153), Food and Drug present in untreated animals: established for this product in Administration, 7500 Standish Pl., (1) Cattle and sheep—(i) Muscle: 5 preruminating calves. Do not use in Rockville, MD 20855, 240–276–8212, e- parts per billion (ppb). calves to be processed for veal. Federal mail: [email protected]. (ii) Liver: 15 ppb. law restricts this drug to use by or on SUPPLEMENTARY INFORMATION: Section (iii) Kidney: 30 ppb. the order of a licensed veterinarian. 512(i) of the Federal Food, Drug, and (iv) Fat: 30 ppb. (2) [Reserved] (2) [Reserved] Cosmetic Act (21 U.S.C. 360b(i)) (21 CFR 514.105(a)) directs FDA to establish (c) Related conditions of use. See PART 556—TOLERANCES FOR tolerances by regulation, as necessary, §§ 522.1940 and 529.1940 of this RESIDUES OF NEW ANIMAL DRUGS when a new animal drug is approved for chapter. IN FOOD use in food-producing animals. Dated: September 13, 2011. Progesterone is approved for use in Bernadette Dunham, ■ 3. The authority citation for 21 CFR subcutaneous implants used for Director, Center for Veterinary Medicine. part 556 continues to read as follows: increased rate of weight gain in suckling [FR Doc. 2011–23867 Filed 9–16–11; 8:45 am] beef calves and steers (21 CFR 522.1940) Authority: 21 U.S.C. 342, 360b, 371. BILLING CODE 4160–01–P and in vaginal inserts used for ■ 4. Section 556.292 is added to read as management of the estrous cycle in female cattle and ewes (21 CFR follows: DEPARTMENT OF THE TREASURY 529.1940). § 556.292 Gamithromycin. FDA has noticed the animal drug Fiscal Service (a) Acceptable Daily Intake (ADI). The tolerance regulations do not reflect ADI for total residues of gamithromycin levels for progesterone using the daily 31 CFR Part 240 consumption values in the current is 10 micrograms per kilogram of body RIN 1510–AB25 weight per day. guidance document, ‘‘Guideline for Establishing a Safe Concentration’’ (59 (b) Tolerances. The tolerances for Indorsement and Payment of Checks FR 37499, July 22, 1994). At this time, gamithromycin (the marker residue) are: Drawn on the United States Treasury FDA is amending 21 CFR 556.540 to (1) Cattle—(i) Liver (the target tissue): reflect the revised daily consumption AGENCY: Financial Management Service, 500 parts per billion (ppb). values as applied to edible tissues of Fiscal Service, Treasury. (ii) Muscle. 150 ppb. cattle. Sheep are considered a minor ACTION: Final rule. (2) [Reserved] species for human food safety (c) Related conditions of use. See assessment, and the updated allowable SUMMARY: This final rule authorizes the § 522.1014 of this chapter. incremental increase limits for cattle Department of the Treasury (Treasury), tissues based on the revised daily Financial Management Service (FMS), Dated: September 13, 2011. consumption values are applicable to to direct Federal Reserve Banks to debit Bernadette Dunham, sheep. This action is being taken to a financial institution’s Master Account Director, Center for Veterinary Medicine. improve the accuracy of the regulations. for all check reclamations against the [FR Doc. 2011–23874 Filed 9–16–11; 8:45 am] This rule does not meet the definition financial institution that the financial BILLING CODE 4160–01–P of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because institution has not protested. Financial

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57908 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

institutions will continue to have the FMS provide a financial institution with on the check issued in settlement for a right to file a protest with FMS if they notice 60 days before directing the bank protest, FMS prints ‘‘refund for believe a proposed reclamation is in Federal Reserve to debit the financial check #XXXX–XX,XXX,XXX’’ to aid the error. institution’s Master Account. FMS financial institution in cross-referencing DATES: This rule is effective October 19, carefully considered this comment and against their reclamation records. After 2011. decided to keep the proposed 30-day direct debiting has been instituted, FMS notice period. Currently 95% of all FOR FURTHER INFORMATION CONTACT: will begin to make changes to its Treasury reclamations are already paid Sandra Walls, Reclamation Branch systems to allow electronic refunds via by financial institutions within 30 days. Manager, Check Resolution Division, at credit to the financial institution’s An extended processing time would not (202) 874–7945 or Master Account. FMS believes that more be consistent with the goal of the [email protected]; or William information about the refund amount is revised regulation—to expedite and J. Erle, Senior Counsel, at (202) 874– not necessary because normally, streamline the process of collecting 6975 or [email protected]. penalties, administrative fees, and unpaid reclamations. When a financial interest will not be assessed since the SUPPLEMENTARY INFORMATION: institution has reason to believe the debit will occur on the 31st day after the I. Background reclamation direct debit should not reclamation date. The Department of the Treasury proceed, it may file a protest. Both commenters indicated that FMS III. Clarifications and Technical (Treasury), Financial Management should clarify which account will be Corrections Service (FMS),1 is amending its debited in a reclamation direct debit. regulation at 31 CFR part 240 (Part 240), FMS is amending § 240.9(b)(3)(ii) to They pointed out that the NPRM refers governing the indorsement and payment clarify that Treasury must receive a to both an ‘‘account’’ and a ‘‘reserve of checks drawn on the United States reclamation protest within 60 days after account.’’ FMS agrees that this point Treasury. Part 240 sets forth how checks the reclamation date. The NPRM should be clarified. Therefore, the final may be indorsed and the remedies specified that if a financial institution rule includes a new definition for available to Treasury when checks are files a reclamation protest within 30 ‘‘Master Account’’ that mirrors the improperly negotiated. The rule days after the reclamation date, definition found in Federal Reserve provides for the allocation of loss Treasury would not instruct the Federal Banks Operating Circular 1. between the Government and indorsers Reserve Bank to debit the financial Additionally, throughout the rule, of the check. In addition, Part 240 institution’s Master Account. See ‘‘reserve account’’ and ‘‘account’’ have provides information on how Treasury § 240.9(a)(1)(iii). The preamble to the been replaced with ‘‘Master Account.’’ will collect debts owed by financial NPRM specified that a financial Although not a direct comment on the institution has an additional 30 days institutions and other indorsers when proposed rule, both commenters they fail to pay check reclamations after the direct debit date to submit a expressed concern with the amount of reclamation protest. To provide for a 30- made by Treasury. time FMS takes to process reclamation On January 4, 2010, Treasury issued day period before direct debit and a 30- protests. In response to this concern, day period after direct debit, a notice of proposed rulemaking FMS notes that it routinely exceeds the § 240.9(b)(3)(ii) is amended to specify a (NPRM) requesting comments on its goal set forth in Part 240: that FMS will total of 60 days after the reclamation proposal to provide Treasury with the make every effort to decide a properly date. authority to direct Federal Reserve submitted protest within 60 days. In Banks to debit a financial institution’s fiscal year 2010, 85% of bank protests Throughout the rule, the term Master Account for all check received were resolved within 30 days. ‘‘Director, Financial Processing reclamations for which the financial Still, some complicated protests take Division,’’ is replaced with ‘‘responsible institution has not submitted a valid longer to resolve. FMS will continue to FMS Director.’’ This change allows the protest with supporting documentation. work diligently to make final decisions rule to remain accurate should re- See 75 FR 95. The proposed rule as quickly as possible. Contrary to one organizations occur. explained that FMS will notify the commenter’s assertion, FMS maintains a Sections 240.9(a)(2) and 240.9(b)(3) financial institution of the reclamation reclamations Web page (http:// are revised to update the mailing by sending a NOTICE OF DIRECT www.fms.treas.gov/goldbook) that address for submitting a request to DEBIT (RECLAMATION), which also provides a telephone number, a inspect Treasury records, to submit a will inform the financial institution facsimile number, an e-mail address, repayment agreement, or to submit a that, if the reclamation is not paid by and a mailing address for financial reclamation protest. The rule is revised the 30th day after the direct debit notice institutions to use to get information to provide addresses through the Check date, the financial institution’s Master about their protests. Claims Web site or the Goldbook: The Account will be debited by its servicing Finally, one commenter asked FMS to Check Reclamation Guide. Federal Reserve Bank. include in the final rule requirements Sections 240.9(a)(1)(i) and (iii), and II. Discussion of Comments for refund transaction processing. The 240.9(b)(4)(iii) are revised to replace the commenter was concerned that, in the words ‘‘of’’ and ‘‘from’’ with the word FMS received two comments on the event FMS provides a refund for a ‘‘after,’’ to make it clear that a financial proposed rule—one from a financial reclamation payment, the refund may institution has 30 days after the institution and one from a banking include interest and penalties already reclamation date to pay the reclamation association. Both commenters indicated paid by the financial institution in debt or file a protest before Treasury that the proposed 30-day notice period addition to the original reclamation instructs the Federal Reserve Bank to before a direct debit is carried out was debt. To maintain accurate accounting debit the financial institution’s Master too short. Rather, they suggested that for refund transactions, the commenter Account. Therefore, the debit will occur asked FMS to provide more information on the 31st day after the reclamation 1 FMS is the bureau within Treasury charged with date. implementing Treasury’s authority in this area. The about the refund amount and to include terms Treasury and FMS are used interchangeably the requirements for refund transaction This Final Rule also corrects the in this rule. processing in the final rule. Currently, NPRM by spelling the word

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57909

‘‘indorsement’’ with an ‘‘i’’ wherever it of the reclamation and any accrued (2) Requests by a reclamation debtor appears. interest, penalties and/or administrative for an appointment to inspect and copy costs in accordance with the provisions Treasury’s records with respect to a IV. Procedural Analyses of § 240.9. reclamation debt and requests to enter Regulatory Planning and Review into repayment agreements must be sent ■ 4. In § 240.2, redesignate paragraphs in writing to the address provided on The final rule does not meet the (t) through (mm) as (u) through (nn), criteria for a ‘‘significant regulatory the Check Claims Web site at http:// and add new paragraph (t) to read as www.fms.treas.gov/checkclaims or to action’’ as defined in Executive Order follows: 12866. Therefore, the regulatory review such other address as Treasury may procedures contained therein do not § 240.2 Definitions. publish in the Goldbook: The Check apply. * * * * * Reclamation Guide, which can be found at http://www.fms.treas.gov. (t) Master Account means the record Regulatory Flexibility Act Analysis (3) If Treasury determines a of financial rights and obligations of an reclamation debt is due and the Federal It is hereby certified that the rule will account holder and the Federal Reserve Reserve Bank is unable to debit the not have a significant economic impact Bank with respect to each other, where financial institution’s Master Account, on a substantial number of small opening, intraday, and closing balances FMS will assess interest, penalties, and entities. This rule would eliminate are determined. certain administrative fees and interest administrative costs in accordance with and penalty charges in order to * * * * * § 240.8. Additionally, Treasury will streamline and automate reclamation ■ 5. In § 240.9, revise paragraphs (a), proceed to collect the reclamation debt procedures. The changes to the (b)(3) introductory text, (b)(3)(ii), and through offset in accordance with regulation related to automating (b)(4)(iii) to read as follows: § 240.10 and Treasury Check Offset in reclamations should have a minimal accordance with § 240.11. economic impact on small financial § 240.9 Reclamation procedures; (4) If Treasury determines a institutions and in fact, may reduce reclamation protests. reclamation has been made in error, some costs for financial institutions (a) Reclamation procedures. (1) Treasury will abandon the reclamation. affected by the changes. Accordingly, a Treasury will send a ‘‘NOTICE OF If Treasury already has collected the regulatory flexibility analysis under the DIRECT DEBIT (RECLAMATION)’’ to amount of the reclamation from the Regulatory Flexibility Act (5 U.S.C. 601 the reclamation debtor in accordance reclamation debtor, Treasury will et seq.) is not required. with § 240.8(a). This notice will advise promptly refund to the reclamation the reclamation debtor of the amount debtor the amount of its payment. List of Subjects in 31 CFR Part 240 demanded and the reason for the (b) * * * Banks, Banking, Checks, Counterfeit demand. Treasury will provide notice to (3) Procedures for filing a protest. A checks, Federal Reserve system, the reclamation debtor that: reclamation protest must be sent in Forgery, and Guarantees. (i) If the reclamation debt is not paid writing to the address provided on the For the reasons set forth in the within 30 days after the reclamation Check Claims Web site at http:// preamble, we are amending 31 CFR part date, Treasury intends to collect the www.fms.treas.gov/checkclaims or to 240 as follows: amount outstanding by instructing the such other address as Treasury may appropriate Federal Reserve Bank to publish in the Goldbook: The Check PART 240—INDORSEMENT AND debit on the 31st day the Master Reclamation Guide, which can be found PAYMENT OF CHECKS DRAWN ON Account used by the reclamation debtor. at http://www.fms.treas.gov. THE UNITED STATES TREASURY The Federal Reserve Bank will provide * * * * * (ii) Treasury will not consider ■ 1. The authority citation for part 240 advice of the debit to the reclamation reclamation protests received more than continues to read as follows: debtor; (ii) The reclamation debtor has an 60 days after the reclamation date. Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 opportunity to inspect and copy * * * * * U.S.C. 321, 3327, 3328, 3331, 3334, 3343, Treasury’s records with respect to the 3711, 3712, 3716, 3717; 332 U.S. 234 (1947); (4) * * * 318 U.S. 363 (1943). reclamation debt; (iii) If the responsible FMS Director, (iii) The reclamation debtor may, by or an authorized designee, finds, by a ■ 2. In part 240 revise all references to filing a protest in accordance with preponderance of the evidence, the ‘‘the Director, Financial Processing § 240.9(b), request Treasury to review its reclamation debtor is liable for the Division’’ and ‘‘the Director of the decision that the reclamation debtor is reclamation debt, Treasury will notify Financial Processing Division’’ liable for the reclamation debt. If such the reclamation debtor of his or her wherever they appear to read ‘‘the a protest is filed within 30 days after the decision in writing. If the reclamation responsible FMS Director’’. reclamation date, Treasury will not debtor has not paid the reclamation in ■ 3. In § 240.1, add paragraph (d) to read instruct the appropriate Federal Reserve full, Treasury will direct the Federal as follows: Bank to debit the Master Account used Reserve Bank to debit the financial by the reclamation debtor while the institution’s Master Account § 240.1 Scope of regulations. protest is still pending; and immediately, provided at least 30 days * * * * * (iv) The reclamation debtor has an have passed after the date of the (d) A financial institution’s opportunity to enter into a written NOTICE OF DIRECT DEBIT indorsement or presentment of a U.S. agreement with Treasury for the (RECLAMATION). If at least 30 days Treasury check shall constitute its repayment of the reclamation debt. A have not yet passed after the date of the agreement to this part. The financial request for a repayment agreement must NOTICE OF DIRECT DEBIT institution hereby authorizes its be accompanied by documentary proof (RECLAMATION), Treasury will direct servicing Federal Reserve Bank to debit that satisfies Treasury that the the Federal Reserve Bank to debit the the financial institution’s Federal reclamation debtor is unable to repay financial institution’s Master Account Reserve Master Account for the amount the entire amount owed when due. on the 31st day after the date of the

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57910 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

NOTICE OF DIRECT DEBIT • Federal e-Rulemaking Portal: and revise this rule as necessary to (RECLAMATION). The Federal Reserve http://www.regulations.gov. address significant public comments. Bank will provide advice of the debit to • Fax: 202–493–2251. Submitting Comments the reclamation debtor. If the • Mail: Docket Management Facility appropriate Federal Reserve Bank is (M–30), U.S. Department of If you submit a comment, please unable to debit a reclamation debtor’s Transportation, West Building Ground include the docket number for this Master Account, Treasury will proceed Floor, Room W12–140, 1200 New Jersey rulemaking (USCG–2011–0868), to collect the reclamation debt through Avenue, SE., Washington, DC 20590– indicate the specific section of this offset in accordance with § 240.10 and 0001. document to which each comment § 240.11. • Hand Delivery: Same as mail applies, and provide a reason for each suggestion or recommendation. You * * * * * address above, between 9 a.m. and 5 p.m., Monday through Friday, except may submit your comments and Dated: September 12, 2011. Federal holidays. The telephone number material online (via http:// Richard L. Gregg, is 202–366–9329. www.regulations.gov) or by fax, mail, or Fiscal Assistant Secretary. To avoid duplication, please use only hand delivery, but please use only one [FR Doc. 2011–23896 Filed 9–16–11; 8:45 am] one of these four methods. See the of these means. If you submit a BILLING CODE 4810–35–P ‘‘Public Participation and Request for comment online via http:// Comments’’ portion of the www.regulations.gov, it will be SUPPLEMENTARY INFORMATION section considered received by the Coast Guard DEPARTMENT OF HOMELAND below for instructions on submitting when you successfully transmit the SECURITY comments. comment. If you fax, hand deliver, or Documents indicated in this preamble mail your comment, it will be Coast Guard as being available in the docket are part considered as having been received by of docket USCG–2011–0868 and are the Coast Guard when it is received at 33 CFR Part 165 available online by going to http:// the Docket Management Facility. We recommend that you include your name [Docket No. USCG–2011–0868] www.regulations.gov, inserting USCG– 2011–0868 in the ‘‘Keyword’’ box, and and a mailing address, an e-mail RIN 1625–AA11 then clicking ‘‘Search.’’ They are also address, or a telephone number in the available for inspection or copying at body of your document so that we can Regulated Navigation Area; Route 24 the Docket Management Facility (M–30), contact you if we have questions Bridge Construction, Tiverton and U.S. Department of Transportation, regarding your submission. Portsmouth, RI To submit your comment online, go to West Building Ground Floor, Room http://www.regulations.gov, click on the AGENCY: W12–140, 1200 New Jersey Avenue, SE., Coast Guard, DHS. ‘‘submit a comment’’ box, which will Washington, DC 20590, between 9 a.m. ACTION: Temporary interim rule with then become highlighted in blue. In the and 5 p.m., Monday through Friday, request for comments. ‘‘Document Type’’ drop down menu except Federal holidays. SUMMARY: select ‘‘Proposed Rule’’ and insert The Coast Guard is FOR FURTHER INFORMATION CONTACT: If establishing a regulated navigation area ‘‘USCG–2011–0868’’ in the ‘‘Keyword’’ you have questions on this temporary box. Click ‘‘Search’’ then click on the (RNA) on the navigable waters of the rule, call or e-mail Mr. Edward G. Sakonnet River under and surrounding balloon shape in the ‘‘Actions’’ column. LeBlanc, Chief of the Waterways If you submit comments by mail or hand construction of the new Route 24 bridge Management Division, U.S. Coast Guard that crosses the Sakonnet River between delivery, submit them in an unbound Sector Southeastern New England; 1 Tiverton and Portsmouth, Rhode Island. format, no larger than 8 ⁄2 by 11 inches, telephone 401–435–2351, e-mail suitable for copying and electronic This rule implements certain safety [email protected], or measures including establishment of a filing. If you submit comments by mail Lieutenant Junior Grade Isaac Slavitt, and would like to know that they temporary channel beneath the bridge, Coast Guard First District Waterways speed restrictions, and suspension of all reached the Facility, please enclose a Management Branch, telephone 617– stamped, self-addressed postcard or vessel traffic within the RNA during 223–8385, e-mail construction operations that could pose envelope. We will consider all [email protected]. If you have comments and material received during an imminent hazard to vessels operating questions on viewing the docket, call in the area. This rule is necessary to the comment period and may change Renee V. Wright, Program Manager, this rule based on your comments. provide for the safety of life on the Docket Operations, telephone 202–366– navigable waters during construction of 9826. Viewing Comments and Documents the Route 24 bridge over the main SUPPLEMENTARY INFORMATION: To view comments, as well as channel of the Sakonnet River. documents mentioned in this preamble DATES: This rule is effective on Public Participation and Request for as being available in the docket, go to September 19, 2011 until 11:59 p.m. on Comments http://www.regulations.gov, click on the May 1, 2013. This rule is effective with We encourage you to participate in ‘‘read comments’’ box, which will then actual notice for purposes of this rulemaking by submitting become highlighted in blue. In the enforcement from 8 a.m. on September comments and related materials. All ‘‘Keyword’’ box insert ‘‘USCG–2011– 9, 2011, until 11:59 p.m. on May 1, comments received will be posted, 0868’’ and click ‘‘Search.’’ Click the 2013. Public comments may be without change, to http:// ‘‘Open Docket Folder’’ in the ‘‘Actions’’ submitted throughout the effective www.regulations.gov and will include column. You may also visit the Docket period. any personal information you have Management Facility in Room W12–140 ADDRESSES: You may submit comments provided. on the ground floor of the Department identified by docket number USCG– As this temporary interim rule will be of Transportation West Building, 1200 2011–0868 using any one of the in effect before the end of the comment New Jersey Avenue, SE., Washington, following methods: period, the Coast Guard will evaluate DC 20590, between 9 a.m. and 5 p.m.,

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57911

Monday through Friday, except Federal Coast Guard finds that good cause exists rule, following APA notice and holidays. We have an agreement with for not publishing a notice of proposed comment procedures before issuing this the Department of Transportation to use rulemaking (NPRM) with respect to this rule was unnecessary. In order to the Docket Management Facility. rule. The need for waterway closures address any further public concerns, was not brought to the attention of the this rule is available for subsequent Privacy Act Coast Guard until July 14, 2011, when public comment as long as it is in force, Anyone can search the electronic the Rhode Island Department of and if comments indicate a need to form of comments received into any of Transportation (RI DOT) requested a amend the rule, we will consider doing our dockets by the name of the complete waterway closure for a 30-day so. individual submitting the comment (or period beginning August 14, 2011. For the same reasons, we also find signing the comment, if submitted on The Coast Guard discussed with RI that good cause exists, under 5 U.S.C. behalf of an association, business, labor DOT a number of alternatives to 553(d)(3), for making this rule effective union, etc.). You may review a Privacy complete waterway closure, including less than 30 days after publication in the Act notice regarding our public dockets delaying this portion of construction Federal Register. in the January 17, 2008, issue of the until after the traditional boating season, Basis and Purpose Federal Register (73 FR 3316). which ends around November 1 each year, or arranging the construction Under the Ports and Waterways Safety Public Meeting barges and cranes in a manner that Act, the Coast Guard has the authority We do not now plan to hold a public leaves a portion of the main channel to establish RNAs in defined water areas meeting in connection with the public navigable, or scheduling work so that that are determined to have hazardous comment period for this interim rule. the main channel is clear for at least a conditions and in which vessel traffic But you may submit a request for one block of hours each day. A delay until can be regulated in the interest of safety. using one of the four methods specified November 1 would risk construction See 33 U.S.C. 1231 and Department of under ADDRESSES. Please explain why complications from colder late autumn Homeland Security Delegation No. you believe a public meeting would be weather, and because construction 0170.1. beneficial. If we determine that one barges and cranes are already in place, The purpose of this rule is to ensure would aid this rulemaking, we will hold any delay would necessarily prolong the the safety of waterway users, the public, one at a time and place announced by construction operation and increase its and construction workers for the a later notice in the Federal Register. cost to the public. For engineering duration of the new Route 24 bridge Although they were not held reasons, to allow the lifting of huge steel construction over the main channel of specifically to solicit public comments girders that will span the main channel, the Sakonnet River during construction on this interim rule and were not construction equipment must be placed operations. announced in the Federal Register, the across the entire channel. For each day Discussion of Rule Coast Guard has held or participated in that construction was delayed due to the several locally announced informal inability to place equipment in the main This action is intended to control waterway user meetings, including a channel, RI DOT estimated it would cost vessel traffic for the duration of the new Rhode Island Port Safety Forum on Rhode Island taxpayers $100,000. The Route 24 bridge construction over the August 11, 2011, attended by Coast Guard and RI DOT, after main channel of the Sakonnet River. approximately 70 people, an on-site consulting with local elected and Construction is now underway and may meeting with local elected and appointed officials and harbormasters, last until May 1, 2013. The Coast Guard appointed officials on August 17, 2011, concluded that allowing the may close the regulated area described and a locally advertised, informal construction equipment to obstruct the in this rule to all vessel traffic during meeting on August 24, 2011, attended main channel, coupled with a any circumstance that poses an by approximately 45 people. temporary channel around the imminent threat to waterway users Potential waterway closures, construction to be established by the operating in the area. Complete temporary channels, and navigation Coast Guard, was the preferred waterway closures will be made with as safety measures were discussed at these alternative. much advance notice as possible. meetings. The temporary channel and We were concerned that the waterway During the period where the main navigation safety measures discussed at obstruction proposed by RI DOT might channel of the Sakonnet River is these meetings were generally well have a significant impact on waterway obstructed and a temporary channel is received by those in attendance. users, so it was necessary to move established, both the aids to navigation Stakeholder comments and concerns quickly to protect the safety of workers marking the temporary channel and were identified and many have been and the public, and facilitate navigation safety measures will be incorporated into this regulation. To construction during optimal weather published with the widest distribution view the stakeholder comments see the conditions that were deemed by RI DOT among the affected segments of the meeting minutes in the docket. as an engineering necessity. Because of public. Such means of notification will the cost to the public of any include, but is not limited to, Broadcast Regulatory Information construction delay, and because the Notice to Mariners, Local Notice to The Coast Guard is issuing this imminence of the planned construction Mariners, and Marine Safety interim rule without prior Federal work left insufficient time for Information Bulletins distributed by e- Register notice pursuant to authority compliance with APA notice and mail to the local maritime community, under section 4(a) of the Administrative comment procedures, it would have including every person who attended Procedure Act (APA) (5 U.S.C. 553(b)). been contrary to the public interest and the meetings noted above and who This provision authorizes an agency to impracticable to follow those provided an e-mail address upon issue a rule without prior notice when procedures before issuing this rule. registering. the agency for good cause finds that Moreover, to the extent we had met with Entry into this RNA during a closure those procedures are ‘‘impracticable, many of the persons most likely to be is prohibited unless authorized by the unnecessary, or contrary to the public affected by the rule and we addressed Sector Southeastern New England interest.’’ Under 5 U.S.C. 553(b)(B), the many of their concerns in drafting this Captain of the Port (COTP). Any

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57912 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

violation of this RNA is punishable by will use various appropriate means to will not result in such expenditure, we civil and criminal penalties, in rem inform the public before, during, and at do discuss the effects of this rule liability against the offending vessel, the conclusion of any RNA enforcement elsewhere in this preamble. and the initiation of suspension or period. Taking of Private Property revocation proceedings against Coast Assistance for Small Entities Guard-issued merchant-mariner This rule will not cause a taking of credentials. Under section 213(a) of the Small private property or otherwise have Business Regulatory Enforcement taking implications under Executive Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), Order 12630, Governmental Actions and We developed this rule after we offer to assist small entities in Interference with Constitutionally considering numerous statutes and understanding the rule so that they can Protected Property Rights. executive orders related to rulemaking. better evaluate its effects on them and Civil Justice Reform Below we summarize our analyses participate in the rulemaking process. If based on 13 of these statutes or this rule would affect your small This rule meets applicable standards executive orders. business, organization, or governmental in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to Executive Order 12866 and Executive jurisdiction and you have questions minimize litigation, eliminate Order 13563 concerning its provisions or options for compliance, please call LT Judson ambiguity, and reduce burden. This rule is not a significant Coleman, Prevention Department, Protection of Children regulatory action under section 3(f) of Sector Long Island Sound, at 203–468– Executive Order 12866, Regulatory 4596. We have analyzed this rule under Planning and Review, as supplemented Small businesses may send comments Executive Order 13045, Protection of by Executive Order 13563, and does not on the actions of Federal employees Children from Environmental Health require an assessment of potential costs who enforce, or otherwise determine Risks and Safety Risks. This rule is not and benefits under section 6(a)(3) of that compliance with, Federal regulations to an economically significant rule and Order. The Office of Management and the Small Business and Agriculture does not create an environmental risk to Budget has not reviewed it under that Regulatory Enforcement Ombudsman health or risk to safety that may Order. and the Regional Small Business disproportionately affect children. Small Entities Regulatory Fairness Boards. The Indian Tribal Governments Ombudsman evaluates these actions Under the Regulatory Flexibility Act annually and rates each agency’s This rule does not have Tribal (5 U.S.C. 601–612), we have considered responsiveness to small business. If you implications under Executive Order whether this rule would have a wish to comment on actions by 13175, Consultation and Coordination significant economic impact on a employees of the Coast Guard, call 1– with Indian Tribal Governments, substantial number of small entities. 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial The term ‘‘small entities’’ comprises Coast Guard will not retaliate against direct effect on one or more Indian small businesses, not-for-profit small entities that question or complain Tribes, on the relationship between the organizations that are independently about this rule or any policy or action Federal Government and Indian Tribes, owned and operated and are not of the Coast Guard. or on the distribution of power and dominant in their fields, and responsibilities between the Federal governmental jurisdictions with Collection of Information Government and Indian Tribes. populations of less than 50,000. This rule calls for no new collection Energy Effects The Coast Guard certifies under 5 of information under the Paperwork U.S.C. 605(b) that this rule will not have Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under a significant economic impact on 3520). Executive Order 13211, Actions substantial number of small entities. Concerning Regulations That This rule will affect the following Federalism Significantly Affect Energy Supply, entities some of which may be small A rule has implications for federalism Distribution, or Use. We have entities: The owners or operators of under Executive Order 13132, determined that it is not a ‘‘significant local marinas and businesses (such as Federalism, if it has a substantial direct energy action’’ under that order because waterside restaurants), or vessels who effect on State or local governments and it is not a ‘‘significant regulatory action’’ intend to transit in the Sakonnet River would either preempt State law or under Executive Order 12866 and is not beneath the new Route 24 bridge impose a substantial direct cost of likely to have a significant adverse effect between September 9, 2011 and May 1, compliance on them. We have analyzed on the supply, distribution, or use of 2013. this rule under that Order and have energy. The Administrator of the Office This regulation may have some determined that it does not have of Information and Regulatory Affairs impact on small entities, but the implications for federalism. has not designated it as a significant potential impact will be minimized for energy action. Therefore, it does not the following reasons: Any temporary Unfunded Mandates Reform Act require a Statement of Energy Effects channel or other safety measures will The Unfunded Mandates Reform Act under Executive Order 13211. allow most mariners to continue to of 1995 (2 U.S.C. 1531–1538) requires transit the Sakonnet River beneath the Federal agencies to assess the effects of Technical Standards new Route 24 bridge. Additionally, their discretionary regulatory actions. In The National Technology Transfer vessels can bypass the Sakonnet River particular, the Act addresses actions and Advancement Act (NTTAA) (15 by using an alternate route up through that may result in the expenditure by a U.S.C. 272 note) directs agencies to use the East Passage of Narragansett Bay to State, local, or Tribal government, in the voluntary consensus standards in their reach a destination above the Route 24 aggregate, or by the private sector of regulatory activities unless the agency Bridge. We expect that any complete $100,000,000 (adjusted for inflation) or provides Congress, through the Office of closure of the RNA will be brief. We more in any one year. Though this rule Management and Budget, with an

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57913

explanation of why using these § 165.T01–0868 Regulated Navigation ENVIRONMENTAL PROTECTION standards would be inconsistent with Area; Route 24 Bridge Construction, AGENCY applicable law or otherwise impractical. Sakonnet River, Rhode Island. Voluntary consensus standards are (a) Location. The following area is a 40 CFR Part 63 technical standards (e.g., specifications regulated navigation area: All navigable [EPA–HQ–OAR–2005–0084; FRL–9466–1] of materials, performance, design, or waters of the Sakonnet River between operation; test methods; sampling Tiverton and Portsmouth, RI, from RIN 2060–AQ74 procedures; and related management surface to bottom, within 100 yards of systems practices) that are developed or the Route 24 bridge over the Sakonnet Amendments to National Emission adopted by voluntary consensus River. Standards for Hazardous Air Pollutants standards bodies. (b) Regulations. The general for Area Sources: Plating and This rule does not use technical regulations contained in 33 CFR 165.10, Polishing standards. Therefore, we did not 165.11, and 165.13 apply within the AGENCY: Environmental Protection consider the use of voluntary consensus RNA, and in addition: standards. Agency (EPA). (1) Each person or vessel within the ACTION: Final rule; withdrawal of direct Environment RNA must comply with the directions of final rule. the Captain of the Port Sector We have analyzed this rule under Southeastern New England (COTP) or SUMMARY: On June 12, 2008, the EPA Department of Homeland Security the COTP’s designated on-scene patrol issued national emission standards for Management Directive 023–01 and personnel and must comply with all hazardous air pollutants (NESHAP) for Commandant Instruction M16475.lD, applicable regulations including but not the plating and polishing area source which guide the Coast Guard in limited to the Rules of the Road (33 CFR category under section 112 of the Clean complying with the National Subchapter E, Inland Navigational Air Act (CAA). On June 20, 2011, the Environmental Policy Act of 1969 Rules); EPA proposed amendments to clarify (NEPA) (42 U.S.C. 4321–4370f), and that the emission control requirements have concluded this action is one of a (2) The COTP may close the RNA or establish a marked temporary channel of the plating and polishing area source category of actions which do not NESHAP did not apply to any bench- individually or cumulatively have a within the RNA at any time to protect public safety; scale activities. The amendments also significant effect on the human made several technical corrections and environment. This rule is categorically (3) Each vessel using the temporary clarifications that are not significant excluded, under figure 2–1, paragraph channel must not exceed 47 feet in changes in the rule’s requirements. In (34)(g), of the Instruction. This rule height from the waterline, have a draft addition, on June 20, 2011, the EPA involves the establishing of a regulated not exceeding 17 feet, and enter the issued a direct final rule amending the navigation area and therefore falls temporary channel only if it is area source standards for plating and within the categorical exclusion noted completely clear of all other vessel polishing area sources. Since we above. An environmental analysis traffic; and received an adverse comment, we are checklist and a categorical exclusion (4) Each vessel approaching the withdrawing the direct final rule today determination are available in the temporary channel and equipped with a simultaneously with this final rule. docket where indicated under VHF radio must make an appropriate DATES: ADDRESSES. Any comments received This final rule is effective on ‘‘Securite’’ radio call to notify October 19, 2011. Effective September concerning environmental impacts will approaching vessel traffic; be considered and changes made to the 19, 2011, EPA withdraws the direct final environmental analysis checklist and (c) Effective period; enforcement. This rule published at 76 FR 35750 on June categorical exclusion determination as section is effective from 8 a.m. on 20, 2011. appropriate. September 9, 2011, until 11:59 p.m. on ADDRESSES: May 1, 2013. Paragraph (b) of this Docket: All documents in the docket List of Subjects in 33 CFR Part 165 section may be enforced at any time are listed in the http:// Harbors, Marine safety, Navigation within that period. The COTP and www.regulations.gov index. Although (water), Reporting and recordkeeping designated on-scene patrol personnel listed in the index, some information is requirements, Security measures, will notify the public whenever not publicly available, e.g., confidential Waterways. paragraph (b) is in force and whenever business information (CBI) or other enforcement is lifted. Notification may information whose disclosure is For the reasons discussed in the be by Broadcast Notice to Mariners, restricted by statute. Certain other preamble, the Coast Guard amends 33 Local Notice to Mariners, Marine Safety material, such as copyrighted material, CFR part 165 as follows: Information Bulletins, or by siren, radio, will be publicly available only in hard flashing light, or other hailing by a Coast copy. Publicly available docket PART 165—REGULATED NAVIGATION Guard vessel. materials are available either AREAS AND LIMITED ACCESS AREAS (d) Violations. Report violations of electronically in http:// www.regulations.gov or in hard copy at ■ this regulated navigation area to the 1. The authority citation for Part 165 the EPA Docket Center, Public Reading continues to read as follows: COTP at 508–457–3211 or on VHF– Channel 16. Room, EPA West Building, Room 3334, Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 1301 Constitution Ave., NW., Chapter 701, 50 U.S.C. 191, 195; 33 CFR Dated: September 7, 2011. Washington, DC. The Public Reading 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. D.A. Neptun, Room is open from 8:30 a.m. to 4:30 107–295, 116 Stat. 2064; Department of Rear Admiral, U.S. Coast Guard, Commander, p.m. Eastern Standard Time (EST), Homeland Security Delegation No. 0170.1. First Coast Guard District. Monday through Friday, excluding legal ■ 2. Add § 165.T01–0868 to read as [FR Doc. 2011–23916 Filed 9–16–11; 8:45 am] holidays. The telephone number for the follows: BILLING CODE 9110–04–P Public Reading Room is (202) 566–1744,

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57914 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

and the telephone number for the Air direct final rule titled ‘‘Amendments to electrolytic plating, as stated in the and Radiation Docket is (202) 566–1742. National Emission Standards for materials submitted by the commenter. FOR FURTHER INFORMATION CONTACT: Dr. Hazardous Air Pollutants for Area In both these plating processes, the Donna Lee Jones, Sector Policies and Sources: Plating and Polishing.’’ As concentration of plating HAP in the Programs Division, Office of Air Quality stated in the parallel proposed rule (76 plating solution is high, with Planning and Standards (D243–02), FR 35806) published on the same day as electroplating having a greater potential Environmental Protection Agency, a direct final rule, EPA will not institute for air emissions than electroless Research Triangle Park, North Carolina a second comment period in this plating. According to information 27711, telephone number: (919) 541– proceeding concerning the Plating and available to the EPA, many facilities in 5251; fax number: (919) 541–3207; e- Polishing Area Sources amendments the semiconductor industry were mail address: [email protected]. addressed in the direct final and parallel already controlling their HAP emissions SUPPLEMENTARY INFORMATION: The proposed rules. EPA is addressing the at the time of the final rule for plating information presented in this preamble adverse comment on the direct final rule and polishing in 2008 by the control is organized as follows: and providing final notice of the methods required by the plating and amended rule concurrent with this I. Background Information polishing area source rule. Although II. Summary of Comment and Response withdrawal. This final rule is based on HAP emissions from many facilities in III. Does this action apply to me? the parallel proposed rule and includes the semiconductor industry may be low, IV. Where can I get a copy of this document? a summary of the comment received and as the commenter describes, emissions V. Why are we amending this rule? the EPA response. from many other affected facilities A. Clarification of Applicability for Bench- The amendments in this final rule under this rule, as well as other area Scale Operations clarify that the emission control source rules, are also low; hence their B. Other Technical Corrections and requirements of the plating and classification as area sources. The intent Clarifications polishing area source NESHAP do not VI. What are the changes to the area source of the area source rules is to set NESHAP for plating and polishing apply to any bench-scale activities. standards for low-emitting sources with operations? Also, several technical corrections and the potential to emit HAP and which are VII. Statutory and Executive Order Reviews clarifications that do not make not major sources. A. Executive Order 12866: Regulatory significant changes in the rule’s Planning and Review and Executive requirements have been made to the The semiconductor industry is very Order 13563: Improving Regulation and rule text. This rule amendment similar to other plating and polishing Regulatory Review increases flexibility and freedom of industries that do a high production B. Paperwork Reduction Act volume of plating using solutions with C. Regulatory Flexibility Act choice for the public, and makes the rule more clear and intelligible which, high concentrations of metal HAP and, D. Unfunded Mandates Reform Act therefore, are the intended subjects of E. Executive Order 13132: Federalism as a result, reduces burden. F. Executive Order 13175: Consultation the rule. To the extent that sources in and Coordination With Indian Tribal II. Summary of Comment and Response the semiconductor and PV Governments The EPA received one comment manufacturing industry qualify as bench G. Executive Order 13045: Protection of concerning the amended rule. scale operations, they also may be Children From Environmental Health Comment: One comment was received exempt from the plating and polishing and Safety Risks rule with as a result of this action. H. Executive Order 13211: Actions from a semiconductor wafer and photovoltaic (PV) cell manufacturer However, as individual industries, we Concerning Regulations That believe that area sources in the Significantly Affect Energy Supply, who performs electroless nickel plating Distribution, or Use onto silicon wafers in clean rooms or semiconductor and PV manufacturing I. National Technology Transfer and segregated manufacturing areas industries are the type of sources Advancement Act designed to limit contamination. The intended to be regulated under the area J. Executive Order 12898: Federal Actions commenter stated that emissions from source program and, more specifically, To Address Environmental Justice in metalization during these under the plating and polishing rule for Minority Populations and Low-Income semiconductor and PV manufacturing metal HAP. Therefore, no sources or Populations classes of sources are being added to the K. Congressional Review Act processes are too small to measure easily and consequently could not have exemption for bench-scale operations in I. Background Information been included in the 1990 inventory. today’s action. Additionally, for The EPA stated in the direct final rule Also, the commenter stated that electroless plating sources, the plating titled, ‘‘Amendments to National semiconductor and PV facilities are not and polishing rule requires management Emission Standards for Hazardous Air similar to the large scale plating and practices for minimizing HAP Pollutants for Area Sources: Plating and polishing operations to which the emissions, as practicable, with no Polishing’’ which was published on commenter believes the plating and additional control requirements or June 20, 2011 (76 FR 35750) that if EPA polishing rule is intended to apply. The annual reporting. Therefore, the burden received adverse comment by July 20, commenter requested that these small- of the rule on facilities similar to the 2011, the direct final rule would not scale semiconductor and PV commenter’s is low, especially for take effect and EPA would publish a manufacturing processes be exempted facilities that are already well timely withdrawal of the direct final from the plating and polishing rule controlled. rule in the Federal Register. The EPA along with the bench-scale operations III. Does this action apply to me? subsequently received an adverse described in the proposed rule comment on the direct final rule. amendment. The regulated categories and entities Because EPA received an adverse Response: The semiconductor potentially affected by the final rule comment, EPA is withdrawing the industry does both electroless and include:

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57915

Category NAICS Examples of regulated entities code 1

Industry ...... 332813 Area source facilities engaged in any one or more types of nonchromium electroplating; electropolishing; electroforming; electroless plating, including thermal metal spraying, chromate conversion coating, and coloring; or mechanical polishing of metals and formed products for the trade. Regulated sources do not include chromium electroplating and chromium anodizing sources, as those sources are subject to 40 CFR part 63, subpart N, ‘‘Chromium Emissions From Hard and Decorative Chromium Electro- plating and Chromium Anodizing Tanks.’’ Manufacturing ...... 32, 33 Area source establishments engaged in one or more types of nonchromium electroplating; electropolishing; electroforming; electroless plating, including thermal metal spraying, chromate con- version coating, and coloring; or mechanical polishing of metals and formed products for the trade. Ex- amples include: 33251, Hardware Manufacturing; 323111, Commercial Gravure Printing; 332116, Metal Stamping; 332722, Bolt, Nut, Screw, Rivet, and Washer Manufacturing; 332811, Metal Heat Treating; 332812, Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers; 332913, Plumbing Fixture Fitting and Trim Manufacturing; Other Metal Valve and Pipe Fitting Manufacturing; 332999, All Other Miscellaneous Fabricated Metal Product Manufacturing; 334412, Bare Printed Circuit Board Manufacturing; 336412, Aircraft Engine and Engine Parts Manu- facturing; and 339911, Jewelry (except Costume) Manufacturing. 1 North American Industry Classification System.

This table is not intended to be certain plating and polishing processes. A. Clarification of Applicability for exhaustive, but rather provides a guide These final emission standards reflect Bench-Scale Operations for readers regarding entities likely to be the EPA’s determination regarding the EPA is making these amendments to affected by this action. To determine generally achievable control technology the NESHAP for plating and polishing whether your facility will be regulated (GACT) and/or management practices operations that are area sources (40 CFR by this action, you should examine the for the area source category. part 63, subpart WWWWWW) to clarify applicability criteria in 40 CFR 63.11475 In the time period since that the rule was not intended to apply of subpart WWWWWW (NESHAP: Area promulgation, it has come to our to process units that are bench-scale Source Standards for Plating and attention that certain aspects of the rule operations. Polishing Operations). If you have any as promulgated have led to Based on available inventory questions regarding the applicability of misinterpretations, inconsistencies, and information, we believe that HAP this action to a particular entity, consult confusion regarding the applicability of emissions from bench-scale activities either the air permit authority for the the rule. These amendments make were not part of the 1990 baseline entity or your EPA regional several technical corrections and inventory for the urban air toxics representative as listed in § 63.13 of the clarifications to the rule’s text that will program that supported the area source General Provisions to part 63 (40 CFR provide clarity. listing decision for this category. The part 63, subpart A). In addition to fulfilling the mandate plating and polishing category includes in CAA section 112, these amendments job shop operations dedicated to plating IV. Where can I get a copy of this are also responsive to Executive Order document? and polishing operations, and original 13563, ‘‘Improving Regulation and equipment manufacturers with large- In addition to being available in the Regulatory Review,’’ issued on January scale plating and polishing processes. docket, an electronic copy of this final 18, 2011, which directs each Federal We believe that this definition is also action will also be available on the agency to ‘‘periodically review its consistent with the basis of the listing Worldwide Web (WWW) through the existing significant regulations to of the plating and polishing source Technology Transfer Network (TTN). determine whether any such regulations category in the 1990 air toxics Following signature, a copy of this final should be modified, streamlined, inventory. Therefore, this amendment action will be posted on the TTN’s expanded, or repealed so as to make the clarifies that the emission control policy and guidance page for newly agency’s regulatory program more requirements of the plating and proposed or promulgated rules at the effective or less burdensome in polishing area source rule do not apply following address: http://www.epa.gov/ achieving the regulatory objectives.’’ to bench-scale activities. Further, our ttn/oarpg/. The TTN provides EPA’s amended rule increases flexibility experience is that the types of plating information and technology exchange in and freedom of choice for the public, and polishing operations that are bench- various areas of air pollution control. and makes the rule more clear and scale use small containers on the scale intelligible which, as a result, reduces V. Why are we amending this rule? of 25 gallons or less, and any potential burden. air emissions would be too low to On July 1, 2008 (73 FR 37741), we VI. What are the changes to the area measure. Bench-scale processes are issued the NESHAP for Area Sources: defined in this final rule as: ‘‘Any Plating and Polishing (40 CFR part 63, source NESHAP for plating and polishing operations? operation that is small enough to be subpart WWWWWW). The final rule performed on a bench, table, or similar establishes air emission control We are amending this rule to clarify structure so that the equipment is not requirements for new and existing and correct inconsistencies and directly contacting the floor.’’ facilities that are area sources of inadequacies of the rule language that hazardous air pollutants. The final have come to our attention since B. Other Technical Corrections and standards establish emission standards promulgation. These items are Clarifications in the form of management practices for discussed in this section. There is also To clarify our intent in the rule and new and existing tanks, thermal a red-line version of the regulatory text reduce misinterpretations that have spraying equipment, and dry in the docket that shows the effect of come to our attention since the final mechanical polishing equipment in these changes on the promulgated rule. rule was published in July 2008, we

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57916 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

have made certain clarifications and We are clarifying that certain We are also clarifying that for plating technical corrections to the rule text. operations were intended to be part of or polishing tanks, the HAP content may We are clarifying that certain process the affected sources and, therefore, we be determined from the final bath units and operations are not part of the are revising the regulatory text to clarify contents ‘‘as used’’ to plate or to polish affected activity, based on our that these operations are subject to the rather than the HAP content of the knowledge of the area source inventory requirements of the rule, as described individual components, to better reflect on which the source category below. the fact that HAP emissions are based description was derived. These We are clarifying that thermal on the concentration of HAP within the processes include activities such as spraying is another process to which the tank. The most important concentration plating, polishing, coating or thermal requirements for dry mechanical of plating HAP as it relates to the spraying conducted to repair surfaces or polishing apply. The final rule stated potential for HAP to be emitted is the equipment. Similarly, other EPA area that dry mechanical polishing was an concentration of HAP within the tank. source rules also do not include repair affected process if performed after We received information after and maintenance activities at plating. Since thermal spraying is one of promulgation of the final rule manufacturing facilities as affected the plating and polishing processes used demonstrating that measuring the operations for air pollution control to plate metal onto surfaces, we concentration of pure ingredients in the purposes, such as area source intended to include dry mechanical pure form (‘‘as added’’) could regulations for Nine Metal Fabrication polishing done after thermal spraying as misrepresent the HAP concentration and Finishing source categories (40 CFR an affected process, and are making that within the tank for some platers. part 63, subpart XXXXXX). clarification in today’s action. Therefore, in today’s action we are In addition, we are clarifying the We are also clarifying that language of amending the rule to also allow descriptions of standards and the rule to reflect the fact that flame measurement of HAP content of the management practices to better reflect spraying, which is a different name for final solution within the tank to the industry and manufacturer’s thermal spraying, is subject to the rule. determine applicability to the rule. We equipment operations. For example, in We are also clarifying that thermal and are retaining the ‘‘as added’’ the standards and compliance flame spraying operations do not measurement point since this point requirements, the addition of wetting include spray painting at ambient provides a conservative value because agents/fume suppressants to tank baths temperatures. After promulgation of the the materials added will only be more has been clarified to reflect final rule, we learned that flame dilute once they are placed in the tank, manufacturers’ specifications, including spraying is another name for thermal and because it may be easier to perform flexibility to the operator that may be spraying—both terms are used for an the measurement ‘‘as added’’ for some provided in the specifications. We identical process. However, spray plating operations. Facilities may still intended the requirements of the final coating at room temperatures is another use the HAP concentrations specified in rule to be consistent with practices process entirely, with a different the individual MSDS for each ingredient conducted based on manufacturers’ definition, and is already addressed used in the tank to establish the total specifications. Definitions of operations under subpart HHHHHH of this part, HAP content of the tank for the and procedures were also corrected in which regulates spray painting and purposes of this rule. order to clarify the scope of the rule, the other similar spray coating processes affected processes, and make performed without the use of heat or We are clarifying that when facilities applicability and other definitions flame. Therefore, spray coating at room add wetting agent/fume suppressant to consistent within the rule. These are temperatures is not subject to the replenish the plating baths, they can listed in the following paragraphs. requirements of this rule. add these ingredients in amounts such We are clarifying that certain In addition, we are making that the bath contents are returned to operations were not part of the original clarifications to the rule language to that of the original make-up of the bath urban air toxics inventory on which this better describe certain rule requirements and do not have to add the full amounts source category was defined and, which have been misinterpreted since originally added on startup. Adding therefore, we are revising the regulatory the time of promulgation. The following more wetting agent/fume suppressant text to clarify that these operations are is a discussion of these items. than needed to return the bath contents not subject to the requirements of the First, we are clarifying that although to their original make-up will not rule, as described below. Material Safety Data Sheets (MSDS) may necessarily reduce HAP emissions. This We are clarifying that the affected be used to determine the amount of revision ensures that the concentration operations do not include plating or plating and polishing metal HAP in of the wetting agent/fume suppressant polishing performed to repair materials used in the plating or does not change. The wetting agent/ equipment or for maintenance purposes. polishing process, MSDS are not fume suppressant concentration in the The final rule excluded repair required to be used and are not the only tank is one of the key features for proper operations performed with thermal method to determine HAP content. plating as well as for emission control. spraying as a result of comments Other methods include laboratory However, adding more wetting agent/ received after proposal. In the time analysis or engineering estimate of the fume suppressant beyond the amount period since the rule was promulgated, HAP content of the bath, which are also recommended by the manufacturer is we learned that plating or coating was reliable indicators of HAP content. The not necessarily better for pollution also done for repair purposes, usually reference to MSDS in the final rule was control and in many cases could be with small paint brushes and not in only intended to provide an example of detrimental to the plating process itself. tanks. Therefore, we have amended the readily available resources to determine Therefore, we are permitting the rule to add ‘‘any’’ plating and polishing the HAP content of materials used in addition of smaller amounts of wetting process as the types of repair processes plating and polishing and was not agent than that original amount as long which are not affected operations under meant to be the exclusive method to be as the amount added brings the tank the rule. This change is based on the used. Therefore, we are amending the back to its original concentration of original urban air toxics inventory on rule to clarify that these other methods wetting agent/fume suppressant. We which the source category was defined. are acceptable. intended in the final rule that platers

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57917

maintain the concentration of wetting standards for electroplating processes as time to comply with the rule if another agent/fume suppressant as well as for complying with the method of compliance is used. recommended by the manufacturer and management practices for both Similar to the discussion above on the this change today enables platers to add electrolytic and electroless plating, and use of covers, if facilities with short- only the amount that is needed to polishing operations. When covers are term plating use another method to maintain the correct concentration. used as a management practice, there comply with the rule, we encourage We are also clarifying the definition of are no specific requirements under the them to still keep their plating times startup of an affected plating or rule for the amount of time or the short and, hence, minimize potential polishing bath to explain that startup of amount of surface area coverage as there pollution. Therefore, we are clarifying the bath does not include events where is for the GACT operating standards. that documentation is not required for only the tank’s heating or agitation and Covers used for complying with the the practice of short-term plating, in other mechanical operations are turned GACT operating standard are more general, when another method of back on after being turned off for a critical to emission control and compliance with the rule is used. period of time. The chemical make-up therefore need to have stricter time We are clarifying that if a new of the original tank bath is the key point requirements, such as 95 percent of the affected source is started after July 1, in time at which startup of the tanks plating time or, in the case of 2008, an Initial Notification must be occurs, rather than the existence of continuous plating, cover 75 percent of submitted upon startup. The final rule electricity supplied to the tanks for the surface area. Covers used as a erroneously required the Initial heating, agitation, or other physical management practice are used on Notification for new sources to be conditions. Therefore, we are revising processes where either control of submitted after 120 days of startup of the definition of the startup of tanks to emissions is not critical to pollution the process (§ 63.11509(a)(3) ‘‘What are specify that this startup is when the control due to low emissions, or where my notification, reporting, and tank baths are originally created. If other methods of control are being used recordkeeping requirements?’’) as a startup begins at the time electricity is to meet the GACT requirements, such as result of a typographical error. Since we delivered to the tank, this could lead to wetting agents/fume suppressant. In generally require initial notification for facilities refraining from turning off the many cases, covers are used as a new sources upon startup, we have power when the tanks are not in use to management practice where the process corrected the submittal date of the avoid startup requirements when the does not allow the covers to be used for initial notification. We are clarifying that if a facility plating is resumed. This practice could as much time or over as much surface makes a change to the methods of lead to wasting of energy and possibly area as the operating standards in the compliance with the standard, an increases in air pollution as tanks rule. Factors that can interfere in the use amended Notification of Compliance remain heated or agitated for hours of covers for as long as needed to meet Status should be submitted within 30 longer than needed. Therefore, by the GACT operating standard are, for defining tank startup as the time of the days of the change. Note that this does example, processes where workers have not apply to any changes in the listed original bath make-up, we are to remove and load parts frequently. In encouraging facilities to shut down the management practices. This this situation, another method of requirement is intended to ensure that electricity to their tanks when not in use achieving the operating standard is and eliminating unnecessary startup the EPA is aware of changes in the used, such as wetting agents/fume process or controls that may affect HAP procedures to comply with the rule. suppressant. The use of covers for any We are also adding ‘‘cartridge’’ filters emissions and compliance with the rule. part of the plating time, regardless of as a type of filter that can fulfill the This notification can be in the form of other controls or practices employed, is control requirement in all instances the annual report already required where the general category of ‘‘filters’’ a management strategy for pollution under the rule. This additional are specified. Cartridge filters are a prevention and is encouraged. requirement includes mailing the specific type of filter used in air Therefore, we are clarifying that when annual report (the preparation of which pollution control that give the same covers are used as a management is already required), and should not performance as fabric filters in terms of practice, facilities are not required to occur for many facilities in the industry particle control in, for example, dry document the time the covers are in and will not be required frequently. mechanical polishing or thermal place in the same way as covers used for Therefore we estimate that the burden of spraying. Cartridge filters are more meeting the GACT operating standard. this additional requirement is compact than fabric filters and more We are amending the rule today to make negligible. Electronic notifications may useful in industrial machinery settings this point clear and to encourage be allowable by the air permit where space is limited. Therefore, we pollution prevention achieved by the authorities or EPA regional have added cartridge filters as a type of use of covers, in general. representative in some states or regions. filter permitted as a control device We are also clarifying that limiting We are also clarifying that the under the rule. and recording the time of plating to management practices apply to all We are also clarifying that the rule fulfill the flash or short-term affected plating and polishing requirement to maintain and record the requirements in the rule is only operations, as practicable, not just minimum amount of time that tank applicable when facilities comply with affected plating tanks. In the final rule, covers must be used is only applicable the GACT standard of this subpart the management practices were when covers are the sole method of solely by limiting the plating time of the intended to apply to all plating and complying with the GACT operating affected tank, and do not apply to polishing operations under this subpart standards, and these requirements for plating done for short periods of time in and this amendment corrects that recordkeeping do not apply when general, where other methods are used applicability. The word ‘‘plating’’ as another method is used to comply with to comply with the GACT standards. used in the promulgated rule was the GACT operating standards, or when Tanks that perform plating for short intended to be a short phrase to covers are used as a management periods of time, in general, are not represent all plating and polishing practice. The use of covers is a method required to use the GACT regulatory operations. Although most of the of complying with the GACT operating option of limiting and recording plating management practices do apply to

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57918 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

tanks, there are others that apply to all Federal agency to review existing and (3) a small organization that is any plating and polishing sources, significant regulations to determine not-for-profit enterprise which is including: ‘‘general good whether any regulations should be independently owned and operated and housekeeping,’’ such as regular modified, streamlined, expanded, or is not dominant in its field. sweeping or vacuuming, if needed; repealed so as to make the EPA’s After considering the economic ‘‘periodic washdowns,’’ as practicable; regulatory program more effective or impacts of this final rule on small and ‘‘regular inspections’’ to identify less burdensome in achieving the entities, I certify that this action will not leaks and other opportunities for regulatory objectives. This amended have a significant economic impact on pollution prevention. Therefore, we are rule increases flexibility and freedom of a substantial number of small entities. clarifying that management practices choice for the regulated community, and We have determined that the small apply to all plating and polishing makes the rule more clear and entities in this area source category will operations. intelligible which, as a result, reduces not incur any adverse impacts because We have also made corrections that burden. this action makes only technical corrections and clarifications that were primarily typographical in nature, B. Paperwork Reduction Act and added definitions for terms used in increase flexibility and does not create the rule that were not defined to clarify This action does not impose any new any new requirements or burdens. No our original intent in the rule. The information collection burden therefore costs are associated with these revised or added definitions to the rule no new information collection request amendments to the NESHAP. has been prepared. These final are as follows (in alphabetical order): D. Unfunded Mandates Reform Act ‘‘bath,’’ ‘‘bench-scale plating or amendments clarify that the emission polishing,’’ ‘‘conversion coatings,’’ ‘‘dry control requirements of the plating and This action contains no Federal mechanical polishing,’’ polishing area source rule do not apply mandates under the provisions of Title ‘‘electropolishing,’’ ‘‘fabric filter,’’ ‘‘flash to bench-scale activities. Also, several II of the Unfunded Mandates Reform electroplating,’’ ‘‘maintenance,’’ ‘‘major technical corrections and clarifications Act of 1995 (UMRA), 2 U.S.C. 1531– facility,’’ ‘‘metal coating operation,’’ that do not make material changes in the 1538 for state, local, or Tribal ‘‘metal HAP content,’’ ‘‘non-electrolytic rule’s requirements have been made to governments or the private sector. The plating,’’ ‘‘plating and polishing the rule text. No new burden is action imposes no enforceable duty on facility,’’ ‘‘plating and polishing metal associated with these requirements any state, local or Tribal governments or HAP,’’ ‘‘plating and polishing process because the burden was included in the the private sector. The term tanks,’’ ‘‘repair,’’ ‘‘startup of the tank approved information request (ICR) for ‘‘enforceable duty’’ does not include bath,’’ and ‘‘thermal spraying.’’ the existing rule. The Office of duties and conditions in voluntary Finally, we are updating Table 1 of Management and Budget (OMB) has Federal contracts for goods and services. the rule titled ‘‘Applicability of General previously approved the information Thus, this action is not subject to the Provisions to Plating and Polishing Area collection requirements contained in the requirements of sections 202 or 205 of Sources,’’ to reflect changes in the existing regulations (40 CFR part 63 the UMRA. General Provisions that have occurred subpart WWWWWW) under the This action is also not subject to the since the rule was originally provisions of the Paperwork Reduction requirements of section 203 of UMRA promulgated. Specifically, the previous Act, 44 U.S.C. 3501 et seq. and has been because it contains no regulatory provisions relating to startup, assigned OMB control number control requirements that might significantly or shutdown, and malfunctions have been number 2060–0623. The OMB control uniquely affect small governments. The removed, in light of the DC Circuit’s numbers for EPA’s regulations in 40 technical corrections and clarifications decision in Sierra Club v. EPA, 551 F.3d CFR are listed in 40 CFR part 9. made through this action contain no requirements that apply to such 1019 (DC Cir. 2008). The emissions C. Regulatory Flexibility Act standards for plating and polishing area governments, impose no obligations The Regulatory Flexibility Act upon them, and will not result in any sources are expressed as management generally requires an agency to prepare practices, and these management expenditures by them or any a regulatory flexibility analysis of any disproportionate impacts on them. practice requirements can be met at all rule subject to notice and comment times. Therefore, exempting sources rulemaking requirements under the E. Executive Order 13132: Federalism from meeting these standards during Administrative Procedure Act or any Executive Order 13132 (64 FR 43255, periods of startup, shutdown, and other statute unless the agency certifies August 10, 1999) requires EPA to malfunction is not appropriate. that the rule would not have a develop an accountable process to VII. Statutory and Executive Order significant economic impact on a ensure ‘‘meaningful and timely input by Reviews substantial number of small entities. State and local officials in the Small entities include small businesses, development of regulatory policies that A. Executive Order 12866: Regulatory small not-for-profit enterprises, and have federalism implications.’’ ‘‘Policies Planning and Review and Executive small governmental jurisdictions. that have federalism implications’’ are Order 13563: Improving Regulation and For the purposes of assessing the defined in the Executive Order to Regulatory Review impacts of this final rule on small include regulations that have This action is not a ‘‘significant entities, small entity is defined as: (1) A ‘‘substantial direct effects on the States, regulatory action’’ under the terms of small business that meets the Small on the relationship between the national Executive Order 12866 (58 FR 51735, Business Administration size standards government and the States, or on the October 4, 1993) and is therefore not for small businesses at 13 CFR 121.201 distribution of power and subject to review under the Executive (whose parent company has fewer than responsibilities among the various Order. 500 employees for NAICS code 332813); levels of government.’’ This action is responsive to Executive (2) a small governmental jurisdiction This final rule does not have Order 13563, ‘‘Improving Regulation that is a government of a city, county, federalism implications. It will not have and Regulatory Review’’ (76 FR 3821, town, school district, or special district substantial direct effects on the states, January 21, 2011), which directs each with a population of less than 50,000; on the relationship between the national

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57919

government and the states, or on the standards (VCS) in its regulatory 804(2). This final rule will be effective distribution of power and activities, unless to do so would be on October 19, 2011. responsibilities among the various inconsistent with applicable law or List of Subjects in 40 CFR Part 63 levels of government, as specified in otherwise impractical. The VCS are Executive Order 13132. The final rule technical standards (e.g., materials Environmental protection, makes certain technical corrections and specifications, test methods, sampling Administrative practice and procedure, clarifications to the NESHAP for plating procedures, and business practices) that Air pollution control, Hazardous and polishing area sources. These final are developed or adopted by VCS substances, Intergovernmental relations, corrections and clarifications do not bodies. The NTTAA directs EPA to Reporting and recordkeeping impose requirements on state and local provide Congress, through the Office of requirements. governments. Thus, Executive Order Management and Budget, explanations Dated: September 12, 2011. 13132 does not apply to the final rule. when the agency does not use available Lisa P. Jackson, and applicable VCS. F. Executive Order 13175: Consultation This final rule does not involve Administrator. and Coordination With Indian Tribal technical standards. Therefore, EPA did For the reasons stated in the Governments not consider the use of any VCS. preamble, title 40, chapter I, part 63 of This final action does not have Tribal the Code of Federal Regulations is J. Executive Order 12898: Federal amended as follows: implications, as specified in Executive Actions To Address Environmental Order 13175 (65 FR 67249, November 6, Justice in Minority Populations and PART 63—[AMENDED] 2000). This final rule makes certain Low-Income Populations technical corrections and clarifications ■ 1. The authority citation for part 63 to the NESHAP for plating and Executive Order 12898 (59 FR 7629, continues to read as follows: polishing area sources. These final February 16, 1994) establishes Federal corrections and clarifications do not executive policy on environmental Authority: 42 U.S.C. 7401 et seq. justice. Its main provision directs impose requirements on Tribal ■ 2. Section 63.11504 is amended as governments. They also have no direct Federal agencies, to the greatest extent practicable and permitted by law, to follows: effects on Tribal governments, on the ■ make environmental justice part of their a. By revising paragraph (a)(1)(iv); and relationship between the Federal ■ mission by identifying and addressing, b. By revising paragraph (a)(2) to read government and Indian Tribes, or on the as follows: distribution of power and as appropriate, disproportionately high responsibilities between the Federal and adverse human health or § 63.11504 Am I subject to this subpart? environmental effects of their programs, government and Indian Tribes. Thus, (a) * * * Executive Order 13175 does not apply policies, and activities on minority (1) * * * to this action. populations and low-income (iv) Dry mechanical polishing of populations in the United States. finished metals and formed products G. Executive Order 13045: Protection of EPA has determined that this final after plating or thermal spraying. Children From Environmental Health rule will not have disproportionately and Safety Risks high and adverse human health or * * * * * (2) A plating or polishing facility is an EPA interprets Executive Order 13045 environmental effects on minority or area source of HAP emissions, where an (62 FR 19885, April 23, 1997) as low-income populations because it does area source is any stationary source or applying to those regulatory actions that not affect the level of protection group of stationary sources within a concern health or safety risks, such that provided to human health or the contiguous area under common control the analysis required under section 5– environment. The technical corrections that does not have the potential to emit 501 of the Executive Order has the and clarifications in this final rule do any single HAP at a rate of 9.07 potential to influence the regulation. not change the level of control required megagrams per year (Mg/yr) (10 tons per This action is not subject to Executive by the NESHAP. year (tpy)) or more and any combination Order 13045 because it makes technical K. Congressional Review Act of HAP at a rate of 22.68 Mg/yr (25 tpy) corrections and clarifications to the area or more. source NESHAP for plating and The Congressional Review Act, 5 polishing area sources which is based U.S.C. 801, et seq., as added by the * * * * * solely on technology performance. Small Business Regulatory Enforcement ■ 3. Section 63.11505 is amended as Fairness Act of 1996, generally provides follows: H. Executive Order 13211: Actions that before a rule may take effect, the ■ a. By revising paragraph (d)(4); Concerning Regulations That agency promulgating the rule must ■ b. By revising paragraph (d)(5); and Significantly Affect Energy Supply, submit a rule report, which includes a ■ c. By revising paragraph (d)(6) to read Distribution, or Use copy of the rule, to each House of as follows: This action is not subject to Executive Congress and to the Comptroller General Order 13211 (66 FR 28355, May 22, of the United States. EPA will submit a § 63.11505 What parts of my plant does 2001) because it is not a significant report containing these final rule this subpart cover? regulatory action under Executive Order amendments and other required * * * * * 12866. information to the U.S. Senate, the U.S. (d) * * * House of Representatives, and the (4) Plating, polishing, coating, or I. National Technology Transfer and Comptroller General of the United thermal spraying conducted to repair Advancement Act States prior to publication of the final surfaces or equipment. Section 12(d) of the National rule amendments in the Federal (5) Dry mechanical polishing Technology Transfer and Advancement Register. A major rule cannot take effect conducted to restore the original finish Act (NTTAA) of 1995 (Pub. L. 104–113, until 60 days after it is published in the to a surface. section 12(d), 15 U.S.C. 272 note) Federal Register. This action is not a (6) Any plating or polishing process directs EPA to use voluntary consensus ‘‘major rule’’ as defined by 5 U.S.C. that uses process materials that contain

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57920 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

cadmium, chromium, lead, or nickel (as capture system that collects PM the tank surface to comply with the metal) in amounts less than 0.1 emissions from the thermal spraying § 11507(a), (b) or (c) of this subpart, you percent by weight, or that contain process and transports the emissions to must demonstrate initial compliance manganese in amounts less than 1.0 a water curtain, fabric filter, cartridge, or according to paragraphs (c)(4)(i) through percent by weight (as the metal), as HEPA filter, according to paragraphs (iv) of this section. used. Information used to determine the (f)(1)(i) and (ii) of this section. * * * * * amount of plating and polishing metal * * * * * (5) If you own or operate an affected HAP in materials used in the plating or (2) For new permanent thermal flash or short-term electroplating tank polishing process may include spraying operations, you must operate a that contains one or more of the plating information reported on the Material capture system that collects PM and polishing metal HAP and is subject Safety Data Sheet for the material, but emissions from the thermal spraying to the requirements in § 63.11507(b), is not required. For plating or polishing process and transports the emissions to ‘‘What are my standards and tanks, the HAP content may be a fabric, cartridge, or HEPA filter, management practices?’’ and you determined from the final bath contents according to paragraphs (f)(2)(i) and (ii) comply with § 11507(a), (b) or (c) of this ‘‘as used’’ to plate or to polish. of this section. subpart by limiting the plating time of * * * * * * * * * * the affected tank, you must demonstrate ■ 4. Section 63.11507 is amended as ■ 5. Section 63.11508 is amended as initial compliance according to follows: follows: paragraphs (c)(5)(i) through (iii) of this ■ a. By revising paragraph (a)(1) ■ a. By revising paragraph (c)(3) section. introductory text; * * * * * ■ b. By revising paragraph (a)(1)(ii); introductory text; ■ (6) If you own or operate an affected ■ c. By revising paragraph (d)(1); b. By revising paragraph (c)(4) ■ d. By revising paragraph (e); introductory text; flash or short-term electroplating tank ■ e. By revising paragraph (f)(1); and ■ c. By revising paragraph (c)(5) that contains one or more of the plating ■ f. By revising paragraph (f)(2) to read introductory text; and polishing metal HAP and is subject as follows: ■ d. By revising paragraph (c)(6) to the requirements in § 63.11507(b), introductory text; ‘‘What are my standards and § 63.11507 What are my standards and ■ e. By revising paragraph (c)(7)(i); management practices?’’ and you management practices? ■ f. By revising paragraph (c)(9)(i); comply with § 11507(a), (b) or (c) of this (a) * * * ■ g. By revising paragraph (c)(10)(i); subpart by operating the affected tank (1) You must use a wetting agent/ ■ h. By revising paragraph (d)(3)(ii) with a cover, you must demonstrate fume suppressant in the bath of the introductory text; initial compliance according to affected tank, as defined in § 63.11511, ■ i. By revising paragraph (d)(3)(ii)(A); paragraphs (c)(6)(i) through (iv) of this ‘‘What definitions apply to this ■ j. By revising paragraph (d)(5) section. subpart?’’ and according to paragraphs introductory text; * * * * * (a)(1)(i) through (iii) of this section. ■ k. By revising paragraph (d)(6) (7) * * * * * * * * introductory text; and (i) You must report in your (ii) You must add wetting agent/fume ■ l. By revising paragraph (d)(7) Notification of Compliance Status the suppressant in proportion to the other introductory text to read as follows: pH of the bath solution that was bath chemistry ingredients that are measured at startup, as defined in added to replenish the bath, as in the § 63.11508 What are my compliance requirements? § 63.11511, according to the original make-up of the bath, or in requirements of § 63.11507(d)(1). proportions such that the bath contents * * * * * are returned to that of the original make- (c) * * * * * * * * up of the bath. (3) If you own or operate an affected (9) * * * (d) * * * batch electrolytic process tank, as (i) You must install a control system (1) You must measure and record the defined in § 63.11511, ‘‘What that is designed to capture PM pH of the bath upon startup of the bath, definitions apply to this subpart?’’ that emissions from the thermal spraying as defined in § 63.11511, ‘‘What contains one or more of the plating and operation and exhaust them to a water definitions apply to this subpart?’’ No polishing metal HAP and which is curtain, or a cartridge, fabric, or HEPA additional pH measurements are subject to the requirements in filter. required. § 63.11507(a), ‘‘What are my standards * * * * * * * * * * and management practices?’’ and you (10) * * * (e) If you own or operate an affected use a tank cover, as defined in (i) You must install and operate a new or existing dry mechanical § 63.11511, to comply with § 11507(a), control system that is designed to polishing machine that emits one or (b) or (c) of this subpart, you must capture PM emissions from the thermal more of the plating and polishing metal demonstrate initial compliance spraying operation and exhaust them to HAP, you must operate a capture system according to paragraphs (c)(3)(i) through a cartridge, fabric, or HEPA filter. that captures particulate matter (PM) (iv) of this section. * * * * * emissions from the dry mechanical * * * * * (d) * * * polishing process and transports the (4) If you own or operate an affected (3) * * * emissions to a cartridge, fabric, or high continuous electrolytic process tank, as (ii) For tanks where the wetting agent/ efficiency particulate air (HEPA) filter, defined in § 63.11511, ‘‘What fume suppressant is a separate according to paragraphs (e)(1) and (2) of definitions apply to this subpart?’’ that ingredient from the other tank additives, this section. contains one or more of the plating and you must demonstrate continuous * * * * * polishing metal HAP and is subject to compliance according to paragraphs (f) * * * the requirements in § 63.11507(a), (d)(3)(ii) (A) and (B) this section. (1) For existing permanent thermal ‘‘What are my standards and (A) You must add wetting agent/fume spraying operations, you must operate a management practices?’’ and you cover suppressant in proportion to the other

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57921

bath chemistry ingredients that are (4) If you startup your new affected ■ 7. Section 63.11511 is amended by: added to replenish the tank bath, as in source after July 1, 2008, you must ■ a. Adding, in alphabetical order, new the original make-up of the tank; or in submit an Initial Notification when you definitions of ‘‘bench-scale,’’ proportion such that the bath is brought become subject to this subpart. ‘‘conversion coatings,’’ ‘‘filters,’’ ‘‘major back to the original make-up of the tank. (b) If you own or operate an affected facility for HAP,’’ ‘‘maintenance,’’ * * * * * source, you must submit a Notification ‘‘metal HAP content of material used in (5) If you own or operate an affected of Compliance Status in accordance plating and polishing,’’ ‘‘repair,’’ and flash or short-term electroplating tank with paragraphs (b)(1) through (3) of ‘‘startup of the tank bath’’; and that contains one or more of the plating this section. ■ b. Revising the definitions of ‘‘bath,’’ and polishing metal HAP and is subject * * * * * ‘‘dry mechanical polishing,’’ to the requirements in § 63.11507(b), (3) If a facility makes a change to any ‘‘electropolishing,’’ ‘‘fabric filter,’’ ‘‘flash ‘‘What are my standards and items in (b)(2)(i), iii, and (iv) of this electroplating,’’ ‘‘metal coating management practices?’’ and you section that does not result in a operation,’’ ‘‘non-electrolytic plating,’’ comply with § 11507(a), (b) or (c) of this deviation, an amended Notification of ‘‘plating and polishing facility,’’ subpart by limiting the plating time for Compliance Status should be submitted ‘‘plating and polishing metal HAP,’’ the affected tank, you must demonstrate within 30 days of the change. ‘‘plating and polishing process tanks,’’ continuous compliance according to (c) * * * and ‘‘thermal spraying.’’ (3) If you own or operate an affected paragraphs (d)(5)(i) through (iii) of this § 63.11511 What definitions apply to this section. flash or short-term electroplating tank subpart? * * * * * that is subject to the requirements in § 63.11507(b), ‘‘What are my standards * * * * * (6) If you own or operate an affected Bath means the liquid contents of a batch electrolytic process tank that and management practices?’’ and you comply with § 11507(a), (b) or (c) of this tank, as defined in this section, which contains one or more of the plating and is used for electroplating, polishing metal HAP and is subject to subpart by limiting the plating time of the affected tank, you must state in your electroforming, electropolishing, or the requirements of § 63.11507(a), other metal coating processes at a ‘‘What are my standards and annual compliance certification that you have limited short-term or flash plating and polishing facility. management practices?’’ or a flash or Bench-scale means any operation that short-term electroplating tank that electroplating to no more than 1 cumulative hour per day or 3 is small enough to be performed on a contains one or more of the plating and bench, table, or similar structure so that polishing metal HAP and is subject to cumulative minutes per hour of plating time. the equipment is not directly contacting the requirements in § 63.11507(b), and the floor. you comply with § 11507(a), (b) or (c) of (4) If you own or operate an affected * * * * * this section by operating the affected batch electrolytic process tank that is Conversion coatings are coatings that tank with a cover, you must subject to the requirements of form a hard metal finish on an object demonstrate continuous compliance § 63.11507(a) or a flash or short-term when the object is submerged in a tank according to paragraphs (d)(6)(i) through electroplating tank that is subject to the bath or solution that contains the (iii) of this section. requirements in § 63.11507(b), ‘‘What are my standards and management conversion coatings. Conversion * * * * * coatings for the purposes of this rule (7) If you own or operate an affected practices?’’ and you comply with § 11507(a), (b) or (c) of this subpart by include coatings composed of continuous electrolytic process tank that chromium, as well as the other plating contains one or more of the plating and operating the affected tank with a cover, you must state in your annual and polishing metal HAP, where no polishing metal HAP and is subject to electrical current is used. the requirements in § 63.11507(a), certification that you have operated the * * * * * ‘‘What are my standards and tank with the cover in place at least 95 Dry mechanical polishing means a management practices?’’ and you percent of the electrolytic process time. (5) If you own or operate an affected process used for removing defects from comply with § 11507(a), (b) or (c) of this continuous electrolytic process tank that and smoothing the surface of finished subpart by operating the affected tank is subject to the requirements of metals and formed products after with a cover, you must demonstrate § 63.11507(a), ‘‘What are my standards plating or thermal spraying with any of continuous compliance according to and management practices?’’ and you the plating and polishing metal HAP, as paragraphs (d)(7)(i) and (ii) of this comply with § 11507(a), (b) or (c) of this defined in this section, using automatic section. subpart by operating the affected tank or manually-operated machines that * * * * * with a cover, you must state in your have hard-faced abrasive wheels or belts ■ 6. Section 63.11509 is amended as annual certification that you have and where no liquids or fluids are used follows: covered at least 75 percent of the surface to trap the removed metal particles. The ■ a. By revising paragraph (a)(4); area of the tank during all periods of affected process does not include ■ b. By revising paragraph (b) electrolytic process operation. polishing with use of pastes, liquids, introductory text; (6) If you own or operate an affected lubricants, or any other added materials. ■ c. By adding new paragraph (b)(3); tank or other affected plating and * * * * * ■ d. By revising paragraph (c)(3); polishing operation that is subject to the Electropolishing means an electrolytic ■ e. By revising paragraph (c)(4); management practices specified in ■ process performed in a tank after plating f. By revising paragraph (c)(5); and § 63.11507(g), ‘‘What are my standards ■ that uses or emits any of the plating and g. By revising paragraph (c)(6) to read and management practices?’’ you must as follows: polishing metal HAP, as defined in this state in your annual compliance section, in which a work piece is § 63.11509 What are my notification, certification that you have implemented attached to an anode immersed in a reporting, and recordkeeping the applicable management practices, as bath, and the metal substrate is requirements? practicable. dissolved electrolytically, thereby (a) * * * * * * * * removing the surface contaminant;

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57922 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

electropolishing is also called the metal coating being applied in the Plating and polishing process tanks electrolytic polishing. For the purposes case of thermal spraying. Safety data means any tank in which a process is of this subpart, electropolishing does sheet (SDS) information may be used in performed at an affected plating and not include bench-scale operations. lieu of testing or engineering estimates polishing facility that uses or has the Fabric filter means a type of control but is not required to be used. potential to emit any of the plating and device used for collecting PM by * * * * * polishing metal HAP, as defined in this filtering a process exhaust stream Non-electrolytic plating means a section. The processes performed in through a filter or filter media. A fabric process that uses or emits any of the plating and polishing tanks include the filter is also known as a baghouse. plating and polishing metal HAP, as following: electroplating processes other Filters, for the purposes of this part, defined in this section, in which than chromium electroplating (i.e., non- include cartridge, fabric, or HEPA metallic ions in a plating bath or chromium electroplating) performed in filters, as defined in this section. a tank; electroless plating; and non- Flash electroplating means an solution are reduced to form a metal coating at the surface of a catalytic electrolytic metal coating processes, electrolytic process performed in a tank such as chromate conversion coating, that uses or emits any of the plating and substrate without the use of external electrical energy. Non-electrolytic nickel acetate sealing, sodium polishing metal HAP, as defined in this dichromate sealing, and manganese section, and that is used no more than plating is also called electroless plating. Examples include chromate conversion phosphate coating; and electropolishing. 3 cumulative minutes per hour or no This term does not include tanks more than 1 cumulative hour per day. coating, nickel acetate sealing, electroless nickel plating, sodium containing solutions that are used to * * * * * dichromate sealing, and manganese clean, rinse or wash parts prior to Maintenance is any process at a phosphate coating. placing the parts in a plating and plating and polishing facility that is polishing process tank, or subsequent to performed to keep the process * * * * * removing the parts from a plating and equipment or the facility operating Plating and polishing facility means a polishing process tank. This term also properly and is not performed on items facility engaged in one or more of the does not include any bench-scale to be sold as products. following processes that uses or emits operations. any of the plating and polishing metal Major facility for HAP is any facility * * * * * HAP, as defined in this section: that emits greater than 10 tpy of any Repair means any process used to electroplating processes other than HAP, or that emits a combined total of return a finished object or tool back to chromium electroplating (i.e., non- all HAP of over 25 tpy, where the HAP its original function or shape. used to determine the total facility chromium electroplating); electroless emissions are not restricted to only plating; other non-electrolytic metal * * * * * plating and polishing metal HAP or coating processes performed in a tank, Startup of the tank bath is when the from only plating and polishing such as chromate conversion coating, components or relative proportions of operations. nickel acetate sealing, sodium the various components in the bath have dichromate sealing, and manganese been altered from the most recent * * * * * operating period. Startup of the bath Metal coating operation means any phosphate coating; thermal spraying; does not include events where only the process performed either in a tank that and the dry mechanical polishing of tank’s heating or agitation and other contains liquids or as part of a thermal finished metals and formed products mechanical operations are turned back spraying operation, that applies one or after plating or thermal spraying. Plating on after being turned off for a period of more plating and polishing metal HAP, is performed in a tank or thermally time. as defined in this section, to the surface sprayed so that a metal coating is of parts and products used in irreversibly applied to an object. Plating * * * * * manufacturing. These processes include and polishing does not include any Thermal spraying (also referred to as but are not limited to: non-chromium bench-scale processes. metal spraying or flame spraying) is a electroplating; electroforming; Plating and polishing metal HAP process that uses or emits any of the electropolishing; non-electrolytic metal means any compound of any of the plating and polishing metal HAP, as coating processes, such as chromate following metals: cadmium, chromium, defined in this section, in which a conversion coating, electroless nickel lead, manganese, and nickel, or any of metallic coating is applied by projecting plating, nickel acetate sealing, sodium these metals in the elemental form, with heated, molten, or semi-molten metal dichromate sealing, and manganese the exception of lead. Any material that particles onto a substrate. Commonly- phosphate coating; and thermal or flame does not contain cadmium, chromium, used thermal spraying methods include spraying. lead, or nickel in amounts greater than high velocity oxy-fuel (HVOF) spraying, Metal HAP content of material used in or equal to 0.1 percent by weight (as the flame spraying, electric arc spraying, plating and polishing is the HAP metal), and does not contain manganese plasma arc spraying, and detonation gun content as determined from an analysis in amounts greater than or equal to 1.0 spraying. This operation does not or engineering estimate of the HAP percent by weight (as the metal), as include spray painting at ambient contents of the tank bath or solution, in reported on the Material Safety Data temperatures. the case of plating, metal coating, or Sheet for the material, is not considered ■ 8. Table 1 to Subart WWWWWW of electropolishing; or the HAP content of to be a plating and polishing metal HAP. Part 63 is revised to read as follows:

TABLE 1 TO SUBPART WWWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO PLATING AND POLISHING AREA SOURCES

Citation Subject

63.11 ...... Applicability. 63.2 ...... Definitions. 63.3 ...... Units and abbreviations.

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57923

TABLE 1 TO SUBPART WWWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO PLATING AND POLISHING AREA SOURCES—Continued

Citation Subject

63.4 ...... Prohibited activities. 63.6(a), (b)(1)–(b)(5), (c)(1), (c)(2), (c)(5), and (j) ...... Compliance with standards and maintenance requirements. 63.10(a), (b)(1), (b)(2)(i)–(iii), (xiv), (b)(3), (d)(1), (f) ...... Recordkeeping and reporting. 63.12 ...... State authority and delegations. 63.13 ...... Addresses of State air pollution control agencies and EPA regional of- fices. 63.14 ...... Incorporation by reference. 63.15 ...... Availability of information and confidentiality. 1 Section 63.11505(e), ‘‘What parts of my plant does this subpart cover?’’, exempts affected sources from the obligation to obtain title V oper- ating permits.

[FR Doc. 2011–23806 Filed 9–16–11; 8:45 am] Synopsis 47 U.S.C. 154, 301, 302a, 303, 307, 309, BILLING CODE 6560–50–P As required by the Paperwork and 332. Reduction Act of 1995, (44 U.S.C. 3507), Total Annual Burden: 400 hours. the Commission is notifying the public Annual Cost Burden: $171,320. Privacy Act Impact Assessment: No FEDERAL COMMUNICATIONS that it received OMB approval on July impact(s). COMMISSION 5, 2011, for the information collection requirement contained in 47 CFR 25.144 Nature and Extent of Confidentiality: 47 CFR Part 25 and 25.263. Under 5 CFR part 1320, an There is no need for confidentiality with agency may not conduct or sponsor a this information collection. [IB Docket No. 95–91; FCC 10–82] collection of information unless it Needs and Uses: On May 20, 2010, displays a current, valid OMB Control the Commission adopted and released a Establishment of Rules and Policies Number. Second Report and Order titled, ‘‘In the for the Satellite Digital Audio Radio No person shall be subject to any Matter of Establishment of Rules and Service in the 2310–2360 MHz penalty for failing to comply with a Policies for the Digital Audio Radio Frequency Band collection of information subject to the Satellite Service in the 2310–2360 MHz Frequency Band,’’ IB Docket No. 95–91, AGENCY: Federal Communications Paperwork Reduction Act that does not GEN Docket No. 90–357, RM–8610, 25 Commission. display a valid OMB Control Number. The OMB Control Number is 3060– FCC Rcd 11710 (2010). In this Second ACTION: Final rules; announcement of Report and Order, the Commission effective date. 1153 and the total annual reporting burdens for respondents for this adopted a framework for the regulation SUMMARY: In this document, the information collection are as follows: of SDARS terrestrial repeaters. First, the Commission announces that the Office Title: Satellite Digital Audio Radio Commission adopted technical rules of Management and Budget (OMB) has Service (SDARS). governing the operation of SDARS approved, for a period of three years, the Form Number: Not applicable. repeaters that will not unduly constrain information collection requirements Type of Review: New collection. the deployment of SDARS repeaters, but contained in the Satellite Digital Audio OMB Control Number: 3060–1153. that will, at the same time, limit the Radio Service (SDARS) Second Report OMB Approval Date: 07/05/2011. potential for harmful interference to and Order. The information collection OMB Expiration Date: 07/31/2014. adjacent spectrum users in the Wireless requirements were approved on July 5, Respondents: Business or other for- Communications Service (WCS). 2011 by OMB. profit entities. Second, the Commission adopted a Number of Respondents: 1 blanket-licensing regime to facilitate the DATES: The amendments to 47 CFR respondent; 74 responses. flexible deployment of SDARS 25.144(e)(3), 25.144(e)(8), 25.144(e)(9), Estimated Time per Response: 4–12 repeaters, which are necessary to ensure 25.263(b) and 25.263(c), published at 75 hours a high quality service to the public, FR 45058, August 2, 2010, are effective Frequency of Response: On occasion while ensuring that such repeater on September 19, 2011. filing requirement, recordkeeping operations comply with the FOR FURTHER INFORMATION CONTACT: For requirement and third party disclosure Commission’s rules regarding RF safety, additional information contact Cathy requirement. antenna marking and lighting, and Williams on (202) 418–2918 or via Obligation to Respond: The equipment authorization, as well as e-mail to: [email protected]. information collection requirements with international agreements. The SUPPLEMENTARY INFORMATION: This accounted for in this collection are Commission adopted a site-by-site document announces that on July 5, necessary to determine the technical licensing regime for repeater operations 2011 OMB approved, for a period of and legal qualifications of SDARS that did not qualify for blanket three years, the information collection applicants or licensees to operate a licensing. Finally, the Commission requirements contained in 47 CFR station, transfer or assign a license, and addressed other issues regarding SDARS 25.144 and 25.263. The Commission to determine whether the authorization repeater operations that are not publishes this document to announce is in the public interest, convenience, associated with the interference the effective date of these rule sections. and necessity. The statutory authority concerns raised by WCS licensees. See Satellite Digital Audio Radio for this information collection is Specifically, the Commission adopted Service (SDARS) Second Report and contained in Sections 4, 301, 302, 303, rules to ensure that SDARS repeaters Order (FCC 10–82; IB Docket No. 95– 307, 309 and 332 of the remain truly complementary to a 91), 75 FR 45058, August 2, 2010. Communications Act, as amended, and satellite-based service, and that SDARS

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57924 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

terrestrial repeaters are not used to DEPARTMENT OF TRANSPORTATION Martin, of the Office of Chief Counsel, transmit local programming or Federal Railroad Administration, same advertising. 49 CFR Parts 37 and 38 mailing address, room W31–304 (202– 47 CFR 25.144(e)(3)—SDARS licensee [Docket OST–2006–23985] 493–6062), e-mail [email protected]. SUPPLEMENTARY INFORMATION: This rule shall, before deploying any new, or RIN 2105–AD54 modifying any existing, terrestrial makes final a variety of changes to the repeater, notify potentially affected Transportation for Individuals With Department’s ADA rules based on a WCS licensees pursuant to the Disabilities at Intercity, Commuter, and notice of proposed rulemaking (NPRM) procedure set forth in 25.263. High Speed Passenger Railroad issued February 27, 2006 (71 FR 9761) and the over 360 comments to the 47 CFR 25.144(e)(8)—SDARS Station Platforms; Miscellaneous Amendments NPRM. Comments came primarily from licensees must file an earth station members of the transportation industry application using Form 312 to obtain AGENCY: Office of the Secretary, and the disability community. In blanket authority for terrestrial repeaters Department of Transportation. addition, the Department held a public operating at 12 kW EIRP (average) or ACTION: Final rule. meeting on August 20, 2010, that less and in compliance with FCC rules; resulted in in-person comments from application must include certain SUMMARY: The Department is amending transportation industry and disability parameters of operation and a its Americans with Disabilities Act community representatives and certification that the proposed SDARS (ADA) regulations to require intercity, additional written comments. Generally, terrestrial repeater operations will commuter, and high-speed passenger speakers at the public meeting and post- comply with all the rules adopted for railroads to ensure, at new and altered meeting written comments reiterated such operations. station platforms, that passengers with points made during the principal disabilities can get on and off any comment period on the NPRM. 47 CFR 25.144(e)(9)—The operation of accessible car of the train. Passenger The final rule modifies the NPRM’s non-compliant repeaters and/or railroads must provide level-entry approach to ensuring nondiscriminatory repeaters operating above 12 kW EIRP boarding at new or altered stations in access to rail service by establishing a (average) must be applied for and which no track passing through the performance standard that passenger authorized under individual site-by-site station and adjacent to platforms is railroads would have to meet at new licenses using Form 312 and shared with existing freight rail and altered station platforms. The final appropriate waiver of the Commission’s operations. For new or altered stations rule does not require passenger railroads rules. in which track passing through the to retrofit existing platforms. The 47 CFR 25.263(b)—SDARS licensees station and adjacent to platforms is performance standard requires that are required to provide informational shared with existing freight rail passenger railroads ensure that notifications as specified in 25.263, operations, passenger railroads will be passengers with disabilities can get on able to choose among a variety of means including requirement that SDARS and off any accessible car that is to meet a performance standard to licensees must share with WCS available to passengers at a station ensure that passengers with disabilities licensees certain technical information platform. At stations where track can access each accessible train car that adjacent to platforms is not shared with at least 10 business days before other passengers can board at the operating a new repeater, and at least 5 existing freight service, railroads must station. These means include providing provide level-entry boarding. At stations business days before operating a car-borne lifts, station-based lifts, or modified repeater. where track adjacent to platforms is mini-high platforms. The Department shared with freight railroads, passenger 47 CFR 25.263(c); Recordkeeping/ will review a railroad’s proposed railroads can meet the performance Third party disclosure—SDARS method to ensure that it provides standard through a variety of means, licensees operating terrestrial repeaters reliable and safe services to individuals including level-entry boarding, car- must maintain an accurate and up-to- with disabilities in an integrated borne lifts, portable station-based lifts, date inventory of terrestrial repeaters manner. The rule also codifies the or mini-high platforms (with trains operating above 2 W EIRP, including the existing DOT mechanism for issuing making multiple stops at such platforms information set forth in 25.263(c)(2) for ADA guidance, modifies provisions when necessary). Passenger railroads each repeater, which shall be made concerning the carriage of wheelchairs, that choose not to provide level-entry available to the Commission upon and makes minor technical changes to boarding at new or altered station request. Requirement can be satisfied by the Department’s ADA rules. platforms must get concurrence from the maintaining inventory on a secure Web DATES: This rule is effective October 19, Federal Transit Administration (FTA) or site that can be accessed by authorized 2011. Federal Railroad Administration (FRA) Commission staff. FOR FURTHER INFORMATION CONTACT: (or both, as the situation may warrant) Robert C. Ashby, Deputy Assistant for the means they choose to meet the Not codified (para. 278 of Order)— General Counsel for Regulation and performance standard. As part of this SDARS licensees must provide Enforcement, Department of process, railroads would have to show potentially affected WCS licensees with Transportation, 1200 New Jersey how the means they chose to meet the an inventory of their terrestrial repeater Avenue, SE., Room 94–102, performance standard ensured the infrastructure. Washington, DC 20590. (202) 366–9306 reliability and safety of integrated Federal Communications Commission. (voice); (202) 366–7687 (TDD), service to passengers with disabilities. Avis Mitchell, [email protected] (e-mail). You may In other provisions of the final rule, also contact Bonnie Graves, in the Office the Department has codified the existing Federal Register Liaison, Office of the Secretary, Office of Managing Director. of Chief Counsel, Federal Transit Disability Law Coordinating Council Administration, same mailing address, (DLCC) as the Department’s means of [FR Doc. 2011–23846 Filed 9–16–11; 8:45 am] Room E56–306 (202–366–0944), e-mail coordinating ADA guidance. The final BILLING CODE 6712–01–P [email protected]; and Linda rule also modifies the provisions of the

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57925

rule concerning transport of wheelchairs requirement was intended to apply only conflicts between freight cars and on transit providers’ vehicles. In to new or altered stations, and the platforms that the commenters believed addition, the final rule makes minor NPRM did not propose to require would occur under the NPRM proposal. technical updates and changes to retrofit of existing stations for the According to railroad commenters, some provisions of 49 CFR parts 37 and 38. purpose of providing level-entry means that could avoid such conflicts, The NPRM also proposed to add boarding. like gauntlet or bypass tracks or language, parallel to that in Department moveable platform edges, were Comments of Justice (DOJ) regulations, requiring impractical and/or too expensive. Many transit providers to make reasonable Disability community commenters of these commenters preferred a modifications to policies and unanimously supported the platform no more than 8 inches above procedures in order to ensure Department’s proposal. In the absence of top of rail (ATR), a height that would nondiscriminatory service to persons such a provision, they said, passengers never permit level-entry boarding. with disabilities. In order to avoid with disabilities would be denied A number of commenters pointed out delaying issuance of a final rule integrated service, instead often being that more than one passenger railroad concerning nondiscriminatory access to confined to a single car, unlike other may use a given platform (e.g., Amtrak rail cars while the Department passengers. Accessibility approaches and a commuter railroad) and that, in continues to work on a regulatory that limited access to a single car many cases, the floor heights of the evaluation on the reasonable (sometimes referred to in comments as various railroads’ equipment are modification proposal, the Department the ‘‘cattle car’’ approach) were different. It would not be possible, has deferred issuance of a final unacceptable and discriminatory, they commenters said, to have level-entry reasonable modification rule at this said. Level-entry boarding, disability boarding on the same platform if the time. The Department is continuing to community commenters said, was by far door height of one type of car using the work on a final rule on this subject. the most satisfactory solution, since it platform is 25 inches ATR and the door The following portion of the preamble provided direct access to rail cars, while height of a second type of car using the discusses each of the issues involved in minimizing the chance of problems platform is 17 inches ATR. Commenters this final rule: caused by malfunctioning or poorly- pointed to wide variations in car door maintained equipment or ill-trained or heights as precluding any uniform Access to Rail Cars at New or Altered unavailable employees. Among other approach to level-entry boarding. Station Platforms means of access, these commenters Moreover, some commenters said, the NPRM generally preferred car-borne lifts to height of a platform providing level- station-based lifts, because the latter entry boarding could exacerbate The NPRM proposed that, at new or were viewed as less reliable, safe, and problems for passengers resulting from altered platforms in intercity and secure. wide horizontal gaps between the commuter rail stations, rail operators Railroad industry commenters were platform edge and the car. would have to ensure that passengers just as unanimous in opposing the Railroad industry commenters had a with disabilities would be able to board NPRM proposal. They cited a variety of number of comments about accessibility any car of the train that was made reasons for their opposition. Many equipment. Some said bridge plates available for boarding to the general commenters assumed that the proposal with a slope of one inch in height for public. The NPRM would have required would require level-entry boarding to be every eight inches in length were too that railroads use level-entry boarding instituted at all or almost all stations, steep to permit independent access for as the preferred means of ensuring necessitating retrofit at many existing wheelchair access and would require nondiscriminatory access. In level-entry stations. Based on this assumption, staff assistance. For this reason and boarding, the height of the platform and many commenters predicted enormous because of the need to cover wide the door height of the passenger car are costs for what they believed the horizontal gaps, there would need to be aligned so that a passenger using a proposed requirement to be. These personnel available in a high level wheelchair can seamlessly move from commenters opposed any retrofit platform situation just as there would be one to the other (usually with the requirements, a few suggesting a that if car-borne or station-based lifts were assistance of a bridge plate). Only if the level-entry boarding requirement apply used, with attendant costs and potential rail operator could demonstrate that this only to wholly new systems. In dwell time delays. A number of approach was infeasible (e.g., because of addition, some of these commenters railroads said that car-borne lifts were in excessive curvature of the track at the believed that the NPRM would require use and had many advantages, such as station), could the rail operator use lifts or bridge plates to be deployed for being able to adjust and provide access other solutions, such as lifts or mini- every car at every station, further to platforms of various heights. Some high platforms. The Department said in driving up personnel costs and delaying railroads rely on station-based lifts and the NPRM that ‘‘the accessibility trains. stated that they are planning to order solution that provides service in the Many commenters, especially freight more of them. A number of railroad most integrated setting should be railroads, asserted that platforms commenters supported the use of mini- chosen’’ (71 FR 9764). providing level-entry boarding would high platforms, generally preferring to This proposal was made to ensure interfere with the passage of freight cars have only one such platform. adherence to a basic norm of disability through passenger stations, since the Some commenters preferred to make nondiscrimination law: that service be width of freight cars (especially so- only one stop at such a platform while provided in the most integrated setting called ‘‘overdimensional’’ cars, like others were willing to make multiple feasible. This principle is violated in those used to transport airframe stops, as needed. A number of any situation in which a railroad components for aircraft manufacturers commenters expressed concern about operator effectively limits people with or large military items) could create the provision of the NPRM saying that disabilities to use of fewer accessible conflicts with higher platforms. On mini-high platforms and other platform cars than are available to other Department of Defense ‘‘STRACNET’’ obstructions should be at least six feet passengers. The Department lines, commenters said, it was back from the platform edge, to avoid emphasized in the NPRM that this particularly important to avoid the channeling passengers into a narrow,

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57926 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

unsafe space in front of the obstructions. intercity and commuter railroads have In order to ensure that access was These commenters said that a longer met. Meeting this equipment provided, passengers would have to setback would make bridge plates requirement does not negate the notify railroad personnel. For example, impracticably long; that it was not obligations of railroads, under the ADA if a passenger at a station wanted to use always practicable to fit a six-foot and section 504, to provide service in a a station-based lift to access car 6, the setback into a platform, given stairways, nondiscriminatory and integrated passenger would request the use of car columns, or other obstructions; or that manner. 6 and railroad personnel would deploy a six-foot setback could create other In large part because of the ADA the lift at that car. Likewise, at a station safety problems. requirement that all new cars meet these using a mini-high platform, a passenger Finally, some railroad commenters accessibility requirements (i.e., on this platform would inform train opposed the idea that passengers with compliance with the requirements of 49 personnel that he or she wanted to enter disabilities should be able to access CFR part 38, the Department’s car 5, whereupon the train would pull every car of a train that was available to accessibility standards for forward so that car 5 was opposite the other passengers. Some of these transportation vehicles), a significant mini-high platform. We contemplate commenters said they were not aware of portion of cars on American railroads that these requests would be made when significant demand from riders to are now accessible. The point of the the train arrives, and railroads could not provide accessible boarding at each requirement to obtain accessible new insist on advance notice (e.g., the train car. Others cited concerns that rail cars is to make sure that ultimately railroad could not require a passenger to they would need costly additions to each car on a train is accessible to and call a certain time in advance to make staff, or that integrated service would usable by people with disabilities, a ‘‘reservation’’ to use a lift to get on a lead to additional dwell time, including those who cannot climb steps. particular car). As part of its submission interference with schedules, safety For a railroad to say to a passenger with to FTA or FRA, the railroad would problems in evacuating passengers with a disability, in effect, that ‘‘we have a describe the procedure it would use to disabilities if they were scattered among car that meets accessibility requirements receive and fulfill these requests. all the cars of the train, or difficulty in for use by passengers with disabilities The NPRM did not propose to require figuring out at which stations but we will not provide any way of any stations to be retrofitted for level- passengers with disabilities wanted to letting you use the accessible car’’ entry boarding. The proposal leave the train. Other commenters made would undermine the purpose of the concerning level-entry boarding was legal arguments, such as that the NPRM requirement to obtain accessible cars. always forward-looking, intended to stretched the concept of ‘‘integrated Like the NPRM, the final rule requires apply to stations constructed or altered setting’’ too far or that Congress, by operators to provide access only to after the rule went into effect. The final allowing railroads to meet rail car accessible, available cars that people rule makes this point explicit. In accessibility standards by having one with disabilities are trying to access at addition, the NPRM did not propose to accessible car per train, intended to a given station. If a train has eight require level-entry boarding as a limit railroads’ obligation to serve accessible cars, and wheelchair users solution in every instance, permitting disabled passengers to that one car. want to enter only cars 2 and 7 (see other solutions where level-entry discussion of passenger notification boarding was infeasible. Consequently, DOT Response below), then railroad personnel need to comments projecting enormous costs If a railroad provides to people who deploy lifts or bridge plates only at cars based on the assumption that the NPRM cannot climb steps access to only one 2 and 7, not at the other cars. Concerns proposed requiring extensive retrofitting car in a multi-car train, it is not expressed in comments about the of existing stations to provide level- providing service in an integrated number of new personnel that would entry boarding everywhere were based setting. Such service is segregated, not have to be hired appear to have been on a misunderstanding of the NPRM. integrated. If Person A is a wheelchair based on misunderstandings of this Like the NPRM, the final rule applies to user and Person B is ambulatory, point. Similarly, the rule requires new construction and alterations and denying A the opportunity to enter any operators to provide access only to does not require retrofitting. accessible car of a train that B can enter available cars at a station. If a train has Many of the comments opposing is discriminatory and contrary to the eight accessible cars, but the platform level-entry boarding asserted that higher requirements of disability access law. only serves cars 1 through 6, then platforms would interfere with actual or Commenters’ arguments that the ADA railroad personnel need to deploy lifts potential freight movements. The FRA permits service to passengers with or bridge plates only at cars that people has reviewed these claims and has disabilities to be limited to a single car with disabilities are trying to access and determined that while there could be are not persuasive. At the time the ADA that are available to all passengers. We some risk to a railroad employee riding was enacted, Congress was aware that would also point out that wheelchair on the bottom step of some freight some railroads had legacy equipment positions on rail passenger cars are equipment with platforms at the 15-inch that was inaccessible. While Congress intended to serve wheelchair users, and level, this risk is normally addressed in required railroads to acquire only railroad operators should take steps to the freight railroad’s operating rules and accessible new cars after the ADA went ensure that these spaces are available for would be taken into consideration into effect, Congress did not wish to wheelchair users and not for other uses. during the review conducted by FRA for make railroads retrofit or replace large For example, it would be contrary to each new or altered platform. Having numbers of old, inaccessible cars. this rule for a wheelchair user to be told examined the dimensions of even the Consequently, Congress required that, that he or she could not use car 7 overwidth freight cars used to transport by July 26, 1995, railroads provide at because the wheelchair spaces were loads such as defense cargoes and least one accessible car per train, while filled with other passengers’ luggage airplane components, FRA found that not having to make all existing cars from a previous stop. We would also there are no freight cars that would accessible or obtain accessible point out that railroads are not required conflict with level-entry boarding replacement cars by that date. This was to retrofit train cars, since railroads can platforms at 15–17 inches ATR. In the solely an interim equipment choose among a variety of approaches to Northeast Corridor, where long-existing requirement, which virtually all U.S. meet the performance standard. platforms are often 48 inches ATR,

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57927

solutions to overdimensional freight provide level-entry boarding. Other the Department does not view this as movements on shared track that passes options would not be permitted. constituting ‘‘existing freight rail through stations are already in place. If a platform being constructed or traffic.’’ Nevertheless, it is clear from altered is not adjacent to track used for Where a railroad operator wishes to comments to the docket of this freight, but the track and platform are provide access to its rail cars through a rulemaking that freight railroads are used by more than one passenger means other than level-entry boarding, adamant that they will not permit railroad (e.g., Amtrak and a commuter it is essential that it provide an passenger railroads to construct railroad), the possibility of the platform integrated, safe, timely, reliable, and platforms more than 8 inches ATR serving cars with different door heights effective means of access for people adjacent to tracks they own and control exists. In this situation, the level-entry with disabilities. A railroad is not and are shared with passenger railroads. boarding requirement continues to exist. required to choose what might be The Department does not currently have Generally, the platform should be level regarded as a more desirable or legal tools to overcome this refusal. In with respect to the system that has the convenient method over a less desirable particular, section 37.57 of the lower boarding height. This is because or convenient method, or to choose a Department’s ADA regulation, it is not good safety practice to make more costly option over a less costly ‘‘Required cooperation,’’ applies to passengers step down (or be lifted down option. What a railroad must do is to owners or persons in control of a or use ramps to get down) to board a ensure that whatever option it chooses station, not to owners or persons in train. For example, if Amtrak operates works. However, to assist railroads in control of track that passes through a through a station with cars that are 15 choosing the most suitable option, the station. inches ATR, and a commuter railroad rule requires that a railroad not using For this reason, and to avoid the uses the same platform with cars that level-entry boarding, if it chooses an potentially high costs of building are 25 inches ATR, the platform would approach other than the use of car-borne gauntlet or bypass tracks at existing be level with respect to the Amtrak cars. lifts, must perform a comparison of the stations being altered, the Department is The commuter railroad would have to costs (capital, operating, and life-cycle modifying the NPRM’s proposal. The provide another means of access, such costs) of car-borne lifts versus the means final rule will establish a performance as lifts. In all such cases where mixed preferred by the railroad operator, as standard: individuals with disabilities, rail equipment will be used, the rule well as a comparison of the relative including individuals who use requires that both FRA and FTA be ability of each of the two alternatives wheelchairs, must have access to all consulted by the railroads involved. As (i.e., car-borne lifts and the railroad’s accessible cars in each train using the in other cases where level-entry preferred approach) to provide service station. This performance standard will boarding is not used, the railroad must to people with disabilities in an apply at stations where construction or obtain FTA and/or FRA approval for the integrated, safe, reliable, and timely alteration of platforms begins 135 days means the railroad wants to use to meet manner. The railroad must submit this or more after the rule goes into effect. the performance standard. comparison to FTA and FRA at the same The requirement is prospective, and The performance standard approach time as it submits its plan to FRA and/ section 37.42 does not require retrofit of avoids the objections to the NPRM or FTA, as described below, although existing stations (though compliance based on allegations of conflict between the comparison is not part of the basis with existing disability higher-level platforms and freight on which the agencies would determine nondiscrimination requirements not traffic, since platforms being whether the plan meets the performance being altered in this final rule is still constructed or altered in stations where standard. In creating this comparison, required). To meet this performance tracks adjacent to the platforms are railroads are strongly encouraged to standard on lines or systems where shared with freight would not have to consult with interested individuals and track passing through stations and provide level-entry boarding. Other groups and to make the comparison adjacent to platforms is shared with solutions could be used at such stations. readily available to the public, freight railroad traffic, passenger The details of the ‘‘track passing including individuals with disabilities. railroads that do not choose to provide through stations and adjacent to To ensure that the railroad’s chosen level-entry boarding may, after platforms is shared with existing freight option works, the railroad must provide obtaining FRA and/or FTA approval, rail operations’’ language are important. to FRA or FTA (or both), as applicable, use car-borne lifts, mini-high platforms There may be some stations that serve a plan explaining how its preferred (making multiple stops where necessary lines that are shared by passenger and method will provide the required to accommodate passengers wishing to freight traffic. However, if freight traffic integrated, safe, reliable, timely and use different cars of the train), or does not actually go through a particular effective means of access for people portable station-based lifts. station (e.g., because freight traffic with disabilities. The plan would have On commuter, intercity, or high-speed bypasses the station), level-entry to explain how boarding equipment rail lines or systems in which track boarding is still required. There could (e.g., bridge plates lifts, ramps, or other passing through stations and adjacent to also be situations in which multiple appropriate devices) and/or platforms platforms is not shared with existing tracks pass through a station, and freight will be deployed, maintained, and freight rail operations, the performance traffic uses only a center track, not a operated, as well as how personnel will standard must be met by providing track which is adjacent to a platform. In be trained and deployed to ensure that level-entry boarding to all accessible such cases, the new or altered platform service to individuals with disabilities cars in each train that serves new or would have to provide level-entry was provided in an integrated, safe, altered stations on the line or system. boarding. It is important to note that this timely, effective, and reliable manner. For example, if a new commuter or language refers to ‘‘existing’’ freight rail FTA and/or FRA will evaluate the high-speed rail line or system is being traffic, as opposed to the possibility that proposed plan and may approve, built, and the track adjacent to platforms freight traffic might use the track in disapprove, or modify it. It should be is not shared with freight traffic (e.g., it question at some future time. Likewise, emphasized that the purpose of FTA/ is a passenger rail-only system, or a if freight trains have not used a track FRA review of this plan is to make sure bypass or gauntlet track exists for freight passing through a station in a significant that whatever approach a railroad traffic), then the stations would have to period of time (e.g., the past 10 years), chooses will in fact work; that is, it will

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57928 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

really result in an integrated, safe, longer to respond. In such a case, FRA/ existing system (e.g., with car-borne lifts reliable, timely and effective means of FTA will provide a written and mini-high platforms as a back-up), access for people with disabilities. If a communication to the railroad setting the Department expects the railroads to plan, in the view of FRA or FTA, fails forth the reasons for the delay and an continue to provide access to every to meet this test, then FTA or FRA can estimate of the additional time (not to accessible car for people with reject it or require the railroad to modify exceed an additional 60 days) that FRA/ disabilities. As noted above, passengers it to meet the objectives of this FTA expect to take to finalize a with disabilities would request access to provision. substantive response to the proposal. the particular car they were interested In considering railroads’ plans, the While the Department is committed to in boarding where a means like a mini- agencies will consider factors including, meeting these timeframes, delays in high platform or station-based lifts was but not limited to, how the proposal responding do not imply approval of a being used. maximizes integration of and railroad’s plan. The Department is also providing, in accessibility to individuals with Railroads have the responsibility of section 37.42(f), for a maximum gap disabilities, any obstacles to the use of making sure that their means of allowable for a platform to be a method that could provide better providing access work in practice as considered ‘‘level.’’ However, this service to individuals with disabilities, well as in concept. Railroads are maximum is not intended to be the the safety and reliability of the approach reminded that FTA and FRA conduct norm for new or altered platforms. The and related technology proposed to be regular compliance reviews of their Department expects transportation used, the suitability of the means grantees, and take enforcement actions providers to minimize platform gaps to proposed to the station and line and/or if they find noncompliance with a rule. the greatest extent possible by building system on which it would be used, and For example, if it appears that, in stations on tangent track and using gap- the adequacy of equipment and practice, a railroad is unable filling technologies, such as moveable maintenance and staff training and successfully to provide safe and reliable platform edges, threshold plates, deployment. FTA and FRA will evaluate service using station-based lifts, even if platform end boards, and flexible rubber railroads’ plans with respect to whether its plans for doing so had been approved fingers on the ends of platforms. The they achieve the objectives of the (e.g., the railroad is unable to deliver on Department encourages the use of Gap performance standard. a consistent basis the service to which Management Plans and consultation For example, some commenters have it has committed in its approved plan, with FRA and/or FTA for guidance on expressed significant concerns about the because its maintenance or staffing gap safety issues. use of station-based lifts, noting efforts are inadequate), then the The final rule includes the NPRM’s instances in which such lifts have not Department can find the railroad in proposal for a safety requirement been maintained in a safe and reliable noncompliance with its ADA and concerning the setback of structures and working order. A railroad proposing to section 504 obligations and require the obstacles (e.g., mini-high platforms, use station-based lifts would have to railroad to take corrective action to elevators, escalators, and stairwells) describe to FTA or FRA how it would ensure that the performance standard is from the platform edge. This provision ensure that the lifts remained in safe met. The Department also retains the is based on long-standing FRA and reliable operating condition (such ability to propose additional rulemaking recommendations and the expertise of as by cycling the lift daily or other to address problems in railroads’ the Department’s staff. The Department regular maintenance) and how it would performance and the methods railroads believes that it is inadvisable, with the ensure that personnel to operate the lift use to ensure nondiscriminatory access exception of boarding and alighting a were available in a timely manner to to their services. train, to ever have a wheelchair operate assist passengers in boarding a train. In existing stations where it is over the two-foot wide tactile strips (i.e., This demonstration must clearly state possible to provide access to every car detectable warning surfaces) that are how the railroad expects that its without station or rail car retrofits, rail parallel to the edge of the platform. This operations will provide safe and providers that receive DOT financial leaves a four-foot distance for a person dignified service to the users of such assistance should be mindful of the in a typical wheelchair to maneuver lifts. requirement of 49 CFR 27.7(b)(2), which safely past other people on the platform, FRA and FTA are committed to requires that service be provided ‘‘in the stair wells, elevator shafts, etc. It also is providing timely responses to railroads’ most integrated setting that is important because a wheelchair user proposals. Consequently, FRA/FTA will reasonably achievable.’’ For example, if exiting a train at a door where there is provide initial written responses within a set of rail cars has car-borne lifts that not a six-foot clearance would likely 30 days of receiving railroads’ written enable the railroad to comply with have difficulty exiting and making the proposals. These responses will say section 37.42 at new or altered station turn out of the rail car door. The either that the submission is complete platforms, it is likely that deployment of requirement would also avoid or that more information is needed. this lift at existing stations will be channeling pedestrians through a Once the requested additional reasonably achievable. The use of a relatively narrow space where, in information is received, and/or a station-based lift at an existing station to crowded platform conditions, there complete package has been made serve more than one car of a train may would be an increased risk of someone available to FTA/FRA for review, as well also be reasonably achievable (e.g., falling off the edge of the platform. acknowledged by FRA/FTA in writing, with movement of the lift, as needed). Since the rule concerns only new and FRA/FTA will provide a substantive Similarly, it is likely that, in a system altered platforms, the Department does response accepting, rejecting, or using mini-high platforms, making not believe the cost or difficulty of modifying the proposal within 120 days. multiple stops at existing stations would designing the platforms to eliminate this There may be circumstances (e.g., the be reasonably achievable. Such actions hazard will be significant. necessity for site visits, engaging a would serve the objective of providing Even where level-entry boarding is consultant to assist FRA/FTA, service in an integrated setting. In provided, it is likely that, in many consultation with other agencies such as addition, in situations where a railroad instances, bridge plates would have to the Access Board or the Department of and the Department have negotiated be used to enable passengers with Justice) that will force FRA/FTA to take access to every accessible car in an disabilities to enter cars, because of the

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57929

horizontal gaps involved. Section implementation of the common industry commenters did not want to 38.95(c)(5), referred to in the regulatory wheelchair provision had caused. For have to accept such devices, based on text, permits various ramp slopes for example, someone who had a concerns about safety, space, and bridge plates, depending on the vertical wheelchair that reclined, but did not securement. recline it when boarding, was told she gap in a given situation. In order to DOT Response maximize the opportunity of passengers could not bring the wheelchair on board to board independently, the Department a paratransit vehicle because, when The Department continues to believe urges railroads to use the least steep reclined, it exceeded the dimensional that standards based on Access Board ramp slope feasible at a given platform. envelope, even though there was room guidelines for transportation vehicles for it to recline. Other passengers are the appropriate basis for Mobility Device Size and Type complained of being denied rides requirements pertaining to the design NPRM because a footrest exceeded the and construction of vehicles. To the dimensional envelope or because their extent that Access Board vehicle Under the Department’s current ADA weight, combined with that of their guidelines (currently in a process of rule, transportation providers are wheelchair, exceeded the common revision) retain the ‘‘common required to permit only wheelchairs wheelchair weight limit, even though wheelchair’’ definition, or another set of meeting the definition of a ‘‘common they had ridden the system’s vehicles specifications for lifts and other aspects wheelchair’’ onto their vehicles. A for years without any problem. of vehicles, the Department anticipates common wheelchair is defined by Transportation providers generally continuing to incorporate those weight (not more than 600 pounds, preferred to retain either the operational guidelines for vehicle design and including the occupant) and effect of the common wheelchair construction for purposes of 49 CFR part dimensional (30 x 48 inches) criteria. definition or to use some other way of 38. (See also 36 CFR part 1191.) The The ‘‘common wheelchair’’ originated limiting the size and weight of Department is not contemplating any as a design concept, answering the wheelchairs brought onto the vehicle. actions that would require question of what a vehicle lift should be Some commenters mentioned safety and transportation providers and designed to accommodate, but has also potential damage to vehicles and manufacturers to modify existing been applied as an operational concept, equipment as concerns if larger or more vehicles or design and construct new permitting a transit operator to exclude irregularly shaped wheelchairs were vehicles in a way that departs from from its vehicles wheelchairs that do permitted. The difficulty of securing standards incorporating Access Board not meet the weight and dimensional such wheelchairs was one concern that guidelines. criteria. This effect of the current commenters mentioned. In addition to Operational requirements are a regulation was confirmed in Kiernan v. weight, some commenters mentioned different matter. If a transportation Utah Transit Authority (339 F.3d 1217, clearance concerns in the vehicle, such provider has a vehicle and equipment 10th Cir., 2003), where the court as difficulty in getting a wheelchair that meets or exceeds the Access determined that the transit authority around a wheel well, driver station, or Board’s guidelines, and the vehicle and could exclude from its vehicles a fare box. A number of transportation equipment can in fact safely wheelchair that did not meet the providers asked for flexibility in terms accommodate a given wheelchair, then common wheelchair criteria, even if the of the type of mobility aids they are it is not appropriate, under disability vehicle could physically accommodate required to carry. nondiscrimination law, for the the device. The NPRM asked for A number of transportation transportation provider to refuse to comment on this and related issues. commenters suggested that a longer- transport the device and its user. Consequently, the final rule deletes the Comments term solution to the problem would be to work with wheelchair manufacturers operational role of the ‘‘common As the Department is aware and as and the Department of Health and wheelchair’’ design standard and many commenters pointed out in Human Services to establish standards deletes the sentence concerning response to the NPRM question on the for wheelchairs (or at least wheelchairs ‘‘common wheelchair’’ from the part 37 subject, in the nearly 20 years since the that would be purchased via Medicare definition of wheelchair, as well as from Department issued its ADA regulation or Medicaid). Such standards, they section 37.165(b) and the Appendix D there has been a proliferation of suggested, could address not only size explanatory text. We are also making different types of wheelchairs, including and weight but also the ability of one other modification in the definition some models that may not meet the wheelchairs to be secured on vehicles. of ‘‘wheelchair,’’ changing ‘‘three- or- common wheelchair criteria. Most Additional research and consultation four wheeled devices’’ to ‘‘three- or disability community commenters with stakeholders was also more-wheeled devices.’’ This change believed that the operational use of the recommended. recognizes that, in recent years, devices concept was an unnecessary obstacle to In September 2005, the Department that otherwise resemble traditional transportation opportunities for people issued guidance concerning non- wheelchairs may have additional with mobility disabilities and that this traditional mobility devices. It said, in wheels (e.g., two guide wheels in use of the term should be dropped. They essence, that under existing DOT addition to the normal four wheels, for preferred a requirement that would nondiscrimination rules, regulated a total of six). The Department believes direct transportation providers to carry entities must accept such non- that devices of this kind should not be any wheelchair that the provider’s traditional devices (e.g., Segways) as excluded from the definition of equipment could in fact accommodate. long as the devices could be physically ‘‘wheelchair’’ solely on the basis of a For example, if a lift could carry an 800- accommodated and accepting them did larger number of wheels. pound wheelchair, and there was room not cause a direct threat to safety. Some With respect to the size and weight of on the vehicle for the wheelchair, the disability community commenters wheelchairs, the final rule requires provider would have to permit the supported this approach, citing the transportation providers to carry a device onto the vehicle. increased mobility that these devices wheelchair and its user, as long as the Some commenters cited problems that offered persons with mobility lift can accommodate the size and transportation providers’ impairments, while some transportation weight of the wheelchair and its user

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57930 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

and there is space for the wheelchair on provider. The Department agrees that it individuals with disabilities or about the vehicle. However, a transportation would be useful for wheelchair the devices they use for mobility provider would not be required to carry manufacturers and the Department of purposes. We believe that language a wheelchair if in fact the lift or vehicle Health and Human Services to work to based on the DOJ approach is a good is unable to accommodate the design wheelchairs that are more way of addressing the issues discussed wheelchair and its user, consistent with compatible with vehicle securement by the Department in its September legitimate safety requirements. devices, and with third-party funding 2005 guidance and in comments to the For example, suppose that a bus or resources such as Medicare and docket for this rulemaking. paratransit vehicle lift will safely Medicaid to ensure that they are eligible Consequently, we are modifying the accommodate an 800-pound under their guidelines. However, the 2005 guidance to follow the DOJ wheelchair/passenger combination, but Department of Transportation does not approach. not a combination exceeding 800 have authority to compel such We note that this approach does not pounds. The lift is one that exceeds the developments, and it would be give transportation providers unfettered part 38 design standard, which requires inconsistent with nondiscrimination discretion to deny transportation to lifts to be able to accommodate a 600- requirements to allow transportation Segways and other OPMDs. pound wheelchair/passenger providers to deny service to people who Transportation providers should accept combination. The transportation use wheelchairs just because particular such devices in most cases. Only if the provider could limit use of that lift to a devices may be problematic from a transportation provider can combination of 800 pounds or less. securement point of view. Likewise, if a wheelchair or its We recognize that persons with demonstrate—with respect to a attachments extend beyond the 30 x 48 mobility disabilities use devices other particular type of device in a specific inch footprint found in part 38’s design than wheelchairs to assist with facility or type of vehicle—that it would standards but fit onto the lift and can fit locomotion. Canes, crutches, and be infeasible (e.g., the device could not into the wheelchair securement area of walkers, for example, are often used by physically fit onto a vehicle) or contrary the vehicle, the transportation provider people whose mobility disabilities do to legitimate safety requirements (e.g., would have to accommodate the not require use of a wheelchair. These prohibiting devices powered by internal wheelchair. However, if such a devices must be accepted under the combustion engines) could it be wheelchair was of a size that would same conditions as wheelchairs, just as appropriate for a transportation provider block an aisle or not be able to fully DOJ rules require in other contexts. to deny transportation to the OPMD and enter a rail car, thereby blocking the However, the Department does not its user. The transportation provider vestibule, and interfere with the safe interpret its rules to require bears the burden of proof for evacuation of passengers in an transportation providers to demonstrating that any limitation on the emergency, the operator could deny accommodate devices that are not accommodation of an OPMD is based on carriage of that wheelchair, if doing so primarily designed or intended to assist a legitimate safety requirement. was necessary as the result of a persons with mobility disabilities (e.g., Definition of ‘‘Direct Threat’’ legitimate safety requirement. skateboards, bicycles, shopping carts), This approach will not force apart from general policies applicable to NPRM transportation providers to redesign or all passengers who might seek to bring modify vehicles, but it will prevent such devices into a vehicle. Similarly, The definition of ‘‘direct threat’’ has arbitrary actions of the kind mentioned the Department does not interpret its long been a key provision of this and by commenters. In addition, rules to require transportation providers other disability nondiscrimination transportation providers should be to permit an assistive device to be used regulations. ‘‘Direct threat’’ has been the aware that to be a legitimate safety in a way that departs from or exceeds Department’s primary reference point in requirement, any limitation must be the intended purpose of the device (e.g., deciding several issues in which there based on actual risks, not on mere to use a walker, even one with a seat has been tension between the safety speculation, stereotypes, or intended to allow temporary rest concerns of transportation providers generalizations about individuals with intervals, as a wheelchair in which a and the rights of persons with disabilities or their mobility devices. passenger sits for the duration of a ride disabilities to access public The transportation provider bears the on a transit vehicle). transportation, such as prohibitions on burden of proof of demonstrating that With respect to Segways or other non- wheelchair users being able to use any limitation on the accommodation of traditional powered devices that do not certain bus stops, use of lifts by a wheelchair is based a legitimate safety fit the definition of ‘‘wheelchair,’’ the standees, and carriage of three-wheeled requirement. Department’s position has been scooters that are not easily secured by Beginning with the Department’s influenced by the approach taken by the existing bus securement devices. A key initial ADA regulation in 1991, the DOJ in its recently-issued ADA rules. element of the concept is that, to justify Department has taken the position that DOJ has created the category of ‘‘other a limitation on individuals with a transportation provider cannot deny power-driven mobility devices’’ disabilities, there must be a significant transportation to a wheelchair or its user (OPMDs). DOJ does not require OPMDs threat to others—as distinct from to the on the ground that the device cannot be necessarily to be accommodated in individual with a disability—that secured or restrained satisfactorily by every instance in which a wheelchair cannot be eliminated by a modification the vehicle’s securement system (see 49 must be accommodated, but provides of policies, practices or procedures, or CFR 37.165(d)). Consequently, a transit that entities must allow such devices by the provision of auxiliary aids or provider could not, consistent with this unless the entity demonstrates that services. The NPRM indicated that the regulatory requirement, impose a allowing the device would be Department intended to add a definition limitation on the transportation of inconsistent with legitimate safety of direct threat to 49 CFR 37.3 that wheelchairs and other mobility aids requirements. Legitimate safety would track the definition in DOJ’s based on the inability of the securement requirements must be based on actual regulation, which defines direct threat system to secure the device to the risks, not on mere speculation, in terms of a threat to the health and satisfaction of the transportation stereotypes, or generalizations about safety of others.

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57931

Comments clear that the concept of ‘‘direct threat’’ B. Clearly, at least one trip—from Point Disability community commenters in this rule is intended to be interpreted A to Point B—has been denied or favored retaining the requirement that a consistently with the same term in DOJ missed. In addition, the opportunity to direct threat can only be a threat to the rules. make the subsequent trips in the itinerary has also been lost. In this case, health or safety of others. A number of Other Definitions transportation industry commenters, the Department suggested in the NPRM, The DOJ published, on September 15, however, believed that the definition the trips from Point B back to Point A, 2010, new ADA Title II and Title III or from Point B to Point C and then back should be modified to permit regulations (75 FR 56164). These rules to Point A, should also be tallied as consideration of threats to the safety of define certain terms, such as denied trips, because the action of the the disabled person him- or herself. ‘‘disability,’’ ‘‘auxiliary aids’’ and paratransit operator in denying or Both in the interest of protecting ‘‘service animals,’’ differently from the missing the first trip cost the passenger passengers with disabilities from existing definitions in part 37. the chance to take those trips. potential harm and of protecting the Generally, these definitional differences transit authority from potential liability, Comments are at the level of detail and wording, these commenters believed that and the definitions are not vastly Generally, transit authority transportation providers should be able different in concept. The Department commenters believed that only the trip to impose certain restrictions on the will consider whether, in the future, to that was actually denied or missed—in transportation of some passengers with propose changes to part 37 to parallel the example, the first trip from Point A disabilities if there was danger to the the new DOJ definitions. Meanwhile, to Point B—should be counted as a passengers themselves. One example the existing DOT definitions continue in denied or missed trip. Doing otherwise, that some commenters cited was a effect. Regulated entities should not they said, would unfairly exaggerate the paratransit passenger with dementia change policies based on the DOJ rules, performance problems of the operator. who, once dropped off at his or her since it is the DOT rules that apply to In addition, these commenters said, destination, could become disoriented them. there might be cases in which operators, and wander off if no one at the while unable to provide transportation destination was present to take care of Counting Trip Denials and Missed from Point A to Point B, would be able him or her. Trips to provide transportation from Point B DOT Response NPRM to Point A later in the day, if the passenger had found an alternative way The Department has determined that In the preamble to the NPRM, the of getting to Point B. Moreover, some in the transportation context the Department discussed how commenters said, there could be some appropriate definition of direct threat is complementary paratransit systems situations in which it could be difficult one that only considers safety threats to should count trip denials and missed to determine whether the denial of one others. This approach is consistent with trips. This is an important issue because trip led to the inability to take a DOJ’s regulations. Therefore, we will the rate of trip denials can affect subsequent trip, making the counting define direct threat as ‘‘a significant risk determinations by the Department and, process problematic. to the health or safety of others that in some cases, the courts about whether Disability community commenters, on cannot be eliminated by a modification a paratransit operator is complying with the other hand, supported treating as of policies, practices or procedures, or its obligations under the Department’s denials foregone opportunities for by the provision of auxiliary aids or paratransit service criteria. Too many subsequent trips resulting from denied services’’ and add this definition to our denials can result in a finding that the or missed trips. Under the ADA, these regulation. operator either has a capacity constraint commenters believe, eligible passengers We recognize that the situation of or is otherwise falling short of its are required to receive trips they paratransit service to a person with obligation to provide timely service to request. If a denial of one trip makes a dementia or another severe cognitive eligible passengers. second requested trip impossible, then impairment presents unique problems. In many cases, there is no difficulty two opportunities to travel required by The primary risk (e.g., of becoming in determining how to count trip the regulation have been lost, and disoriented and wandering away) is to denials. If a passenger asks for a one- should be counted as such. Both trips the passenger, rather than to others, but, way trip from Point A to Point B and is should be counted as denied, lest in the absence of a personal care told that a ride is unavailable, or the paratransit operators evade attendant or a contact with someone at vehicle does not show up, then one trip accountability for their failure to the destination point, the risk to the has been denied or missed. (A denied provide required service. safety, or even the life, of the passenger trip is one the provider declines to could be very high. This is an issue that schedule for an eligible rider. A missed DOT Response should be addressed during the trip is one that the provider scheduled The Department believes that when a application process and eligibility for which the vehicle never arrives, or denied or missed trip makes a interview. At that time, the paratransit arrives outside of the pickup window, subsequent requested trip impossible, provider, the applicant, and the person and the passenger does not take the two opportunities to travel have been responsible for the applicant’s well- trip.) In the case of requests for round lost from the point of view of the being should discuss the parameters of trips or multi-leg trips, the situation is passenger. In the ontext of a statute and paratransit service, the paratransit less straightforward. Suppose a regulation intended to protect the agency’s policies regarding attended passenger asks for a round trip from opportunities of passengers with transfers, and the procedures that will Point A to Point B and back to Point A, disabilities to use transportation be followed in the event that there is no or asks for a trip from Point A to Point systems in a nondiscriminatory way, one available to meet the applicant B to Point C, with a return to Point A. that is the point of view that most when the vehicle arrives. The first leg of the trip is denied or matters. To count denials otherwise The Department has added language missed, with the result that the would understate the performance to Appendix D of part 37 to make it passenger never is able to get to Point deficit of the operator. The paratransit

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57932 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

operator obviously would not need to ADA and section 504 rules, these rules organizations may disagree with some count as a denial a trip that was actually are Office of the Secretary regulations guidance and interpretations that the made (e.g., trip from Point A to Point B applying to parties subject to the Department as a whole has produced missed, passenger gets to Point B in a programs of several DOT operating concerning the ADA, that is not a cogent taxi, and paratransit operator carries administrations. criticism of the internal process that is him from Point B back to Point A). Comments common to all three rules. While there may be situations in which Legislative rules—like parts 37 and an operator would have to exercise Almost all comments from the 38—have the force and effect of Federal judgment concerning whether the denial disability community supported law and, with certain exceptions not of one trip resulted in a lost opportunity codifying the DLCC, for the reasons germane to this discussion, are issued for a subsequent trip, that is not described in the NPRM. Most transit through the normal Administrative sufficient reason, in the Department’s industry commenters opposed doing so, Procedure Act notice and comment view, to permit paratransit operators to citing a variety of reasons. Some process. Consistent with Executive generally avoid counting as denials lost expressed concern that the DLCC would Orders and OMB Bulletins, guidance opportunities for travel resulting from issue what amounted to legislative rules questions and answers do not claim their own inability to provide previous without an opportunity for public independently to have the force and trips. We also caution paratransit comment. Many of these commenters effect of Federal law, but rather set forth operators against declining to take wanted the Department to ensure that the Department’s interpretations of its reservations for round trips or ‘‘will there would be an opportunity for own rules and the Department’s call’’ trips in order to reduce missed or public comment on guidance and understanding of and recommendations denied trip statistics. interpretations in any case. Others for implementing provisions of rules It is also important for there to be a wanted guidance and interpretations of and statutes. The Department’s the DOT ADA concerning transit standardized way of counting missed guidance, issued through the DLCC, matters to come from FTA, rather than trips and denials that the Department, consistently observes this distinction. It from the Department as a whole. Several passengers, and transit providers can should be noted, however, that the commenters believed that a provision of rely upon. These statistics should be Department’s actions with respect to SAFETEA–LU that directed FTA to seek calculated on the same basis implementing and enforcing the notice and comment on guidance that nationwide, in order to permit better provisions of part 37 and other had binding effect should apply to DOT program evaluation and comparisons legislative rules will be consistent with guidance. across transit providers. The the Department’s interpretations and Department is issuing guidance on DOT Response understanding of those rules, as counting missed/denied trips, and the Coordination of interpretations and articulated in DOT guidance. Federal Transit Administration can guidance, so that the Department of The internal organization of how the work further with transit providers on Transportation speaks with a single, Department issues guidance, and the job appropriate statistical measures. reliable voice on disability law matters, of interpreting the meaning of DOT Disability Law Coordinating Council is essential to the reasoned application regulations and the statutes on which (DLCC) of the ADA and section 504 of the they are based, are inherently Rehabilitation Act of 1973. The governmental functions. While the NPRM Proposal Department’s experience in the past has Department regularly discusses the The NPRM proposed codifying the been that, in the absence of such a interpretation and implementation of its existing coordination mechanism for coordination mechanism, various DOT rules with stakeholders, producing issuing guidance and interpretations of offices and staff members have offered guidance on these matters is ultimately disability laws and regulations differing or inconsistent views on the Department’s responsibility. The throughout the Department of important disability law matters. In SAFETEA–LU provision that Transportation. Known as the DLCC, some cases, one office may not even commenters mentioned (codified at 49 this group consists of representation have been aware of a response another U.S.C. 5334) applies only to guidance from the Office of the Secretary, Federal office had given concerning the issued by the Federal Transit Transit Administration, Federal implementation of the same provision of Administration. It does not apply to Highway Administration, Federal a DOT regulation. The lack of a guidance issued by the Department as a Aviation Administration, Federal Motor coordinating mechanism like the DLCC whole based on a regulation that is, and Carrier Safety Administration, National creates an opportunity for forum always has been, an Office of the Highway Traffic Safety Administration, shopping, in which interested parties Secretary rather than a Federal Transit and Federal Railroad Administration. can call or write a series of DOT offices Administration rule. Before any guidance or interpretation or staff personnel until they get the For all these reasons, the Department documents developed by the DLCC are answer they want to a question. It also is adopting the DLCC provision as issued, they must be approved by the increases the likelihood of inconsistent proposed. We note that a number of General Counsel on behalf of the practice among DOT recipients. commenters asked for additional Department of Transportation as a The Department does not find the guidance concerning several issues in whole. This ensures that the Department transit industry objections to codifying the regulation, such as how concepts speaks with one voice on important the DLCC to be well-taken. The same like undue burden, direct threat, disability nondiscrimination issues. transit industry parties that objected to integrated settings, origin to destination, The NPRM’s proposal with respect to the DLCC mechanism have accepted the etc. are best understood. To the extent the DLCC is modeled on provisions in same mechanism in the DBE regulation that issues like these require additional the Department’s disadvantaged since 1999 and the drug testing interpretation or guidance following the business enterprise (DBE) and drug and procedure regulations since 2000, and issuance of this rule, the Department alcohol testing regulations, where neither they nor the Department have will use the DLCC mechanism to craft similar mechanisms have worked well experienced any significant problems in well-coordinated responses to questions for many years. Like the Department’s those contexts. While transit industry concerning issues of this kind.

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57933

Miscellaneous Provisions The Department received several Heritage Fleets comments from disability community Consistent with guidance issued in NPRM and Comments September 2005, the Department is persons or organizations, recommending In a few cities, there are systems that amending § 37.23, in paragraphs (a), (c), that the final rule impose such a use vintage inaccessible vehicles to and (d), to add the words ‘‘(including, requirement. provide regular public transit service. but not limited to, a grant, subgrant, or DOT Response The NPRM asked whether any new cooperative agreement)’’ after the word regulatory provisions should be applied ‘‘arrangement.’’ The purpose of this The Department believes strongly that to increase accessibility for such amendment is to clarify that the term Web sites used by consumers of transportation. There were few ‘‘other arrangement or relationship’’ transportation providers should be comments on this matter. Some refers to any means other than a contract accessible. Currently, the Department is disability organizations recommended through which a public entity works considering this issue in the context of good faith efforts be used to secure with a private entity to provide fixed the Air Carrier Access Act, and the accessible vehicles for such systems or route or demand responsive service. A Department of Justice is reviewing it in that the vehicles be retrofitted for private entity that receives a subgrant the context of ongoing work on its ADA accessibility. Transit industry under 49 U.S.C. 5311 has an regulations. We believe that it is best to commenters suggested that no changes ‘‘arrangement or relationship’’ with the defer action on this issue until the DOT were needed from existing regulations state agency involved. If a state provides and DOJ work is further advanced, at and that there was not a problem that § 5311 funding to a county government which point we believe it appropriate to the Department need remedy if parallel via a subgrant agreement, which then propose changes to our ADA rules accessible transit or paratransit were provides fixed route service, there is no consistent with the ACAA and DOJ available for origins and destinations dispute that eligible passengers must approaches to the subject. served by the heritage fleet lines. have ADA complementary paratransit In any case, under existing rules a service available. If a state provides transportation entity has an obligation DOT Response to provide effective communication to § 5311 funding to a private entity via a On this matter, the Department persons with disabilities. This contract, which then provides fixed believes that no change is necessary obligation exists even if a provider’s route service, there is no dispute that from the existing regulation. Sections Web site is not yet fully accessible. If a eligible passengers must have ADA 37.73 and 37.75 appear to adequately transportation provider makes certain complementary paratransit service address such situations. Section 37.73 information available to the public available. Likewise, eligible passengers requires good faith efforts be employed must have ADA complementary through its Web site, it must make this to find accessible used vehicles prior to paratransit service available if a state information available to people who purchasing inaccessible vehicles, and provides § 5311 funding to a private cannot use the Web site. If opportunities 37.75 requires remanufactured vehicles entity via a subgrant agreement; (e.g., for discount programs) are made to be made accessible unless an otherwise, passengers would be denied available through the Web site, then engineering analysis demonstrates that service solely on the basis of the state’s these same opportunities must be including accessibility features would administrative choice of a provider and afforded to people with disabilities who have a significant adverse effect on the a funding mechanism. Making the are unable to use the Web site. These are structural integrity of the vehicle. availability of ADA complementary basic nondiscrimination obligations Transit providers are reminded that paratransit service wholly contingent on under the ADA and section 504. complementary paratransit service must the state’s choice of administrative Bus Rapid Transit be provided when the fixed route arrangements would be both arbitrary system is inaccessible. and inconsistent with the purpose of the NPRM and Comments Used Demand-Response Vehicles ADA. The NPRM asked whether there The Department is removing and should be any specific requirements for NPRM reserving section 37.169 and portions of bus rapid transit (BRT) systems, which The ADA and the Department’s rule section 37.193. These are obsolete share some of the characteristics of require that when a public transit provisions concerning over-the-road fixed-route bus systems and some provider acquires used vehicles for a buses that are no longer needed, given characteristics of rail transit systems. fixed route system, the provider must the passage of time since the Some transit authorities suggested using make and document good faith efforts promulgation of subpart H of part 37. the bus requirements of the rule for BRT (GFE) to obtain an accessible used The Department is adding or altering vehicles, since the vehicles are vehicle. This requirement does not language in a few places in 49 CFR part essentially buses. A few commenters apply, however, to vehicles acquired for 38 to conform to Access Board language suggested adding provisions concerning demand-responsive systems for the in parallel sections (e.g., ‘‘unless such subjects as securement. Others general public. The NPRM asked structurally or operationally suggested that future guidance, rather whether the GFE requirement should be impracticable’’) or to refer to the new than regulation, would be the best expanded to cover these systems. section 37.42. approach to take. Comments Accessible Web Sites DOT Response Most of the comments on these issues NPRM and Comments The Department has decided, for the were from the disability community, The Department asked about whether present, not to propose any additional and they unanimously recommended the Department should require that Web provisions concerning BRT beyond that GFE be required. The rationale for sites operated by transportation those that apply to buses, and will doing so, they said, is the same as in the providers be made accessible to follow the recommendations of case of fixed route vehicles: simply individuals who are blind or visually commenters to address any BRT-specific acquiring inaccessible used vehicles impaired or otherwise have difficulty questions with guidance to the extent perpetuates transportation that is not using Web sites because of a disability. feasible. fully accessible to and usable by

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57934 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

passengers with disabilities. The few Department agrees with transit industry significant cost impacts as the result of transit industry comments that commenters who said that local provisions of the final rule for addressed this subject objected to decisions to react to changes in a commuter rail operators and modest performing GFE in these cases, saying system, plus the requirement to make costs at a relatively small number of that doing so was unnecessary and alterations to stations in an accessible stations for Amtrak. The regulatory could inhibit demand-responsive way, should be sufficient. evaluation has been placed in the systems for the general public from docket. Reasonable Modification of Policies using sedans or taxi services as part of Other provisions of the final rule do their operation. The NPRM proposed adding language not represent significant departures to the rule, parallel to that in DOT Response from existing regulations and policy and Department of Justice ADA rules, the are not expected to have noteworthy It is likely that today there may be a Department’s Air Carrier Access Act cost impacts on regulated parties. The significant number of used accessible and, more recently, ADA passenger final rule also codifies existing internal vans and small buses available that vessel rules, requiring regulated entities administrative practices concerning demand responsive systems for the to make reasonable modifications to disability law guidance. This proposal general public could use. We believe policies in order to ensure appropriate would have no cost impacts on that it is a best practice for such systems and nondiscriminatory service to regulated parties. to make good faith efforts to acquire persons with disabilities. This proposal accessible vehicles when seeking used attracted extensive comment. Generally, Federalism vehicles. However, the statute imposes disability community commenters A rule has implications for federalism a good faith effort requirement for favored the proposal while under Executive Order 13132, acquiring used vehicles only on fixed- transportation industry commenters Federalism, if it has a substantial direct route systems, not demand-responsive opposed it. effect on State or local governments and systems for the general public. The Department is continuing to work would either preempt State law or Consequently, the Department will not toward a final rule addressing this impose a substantial direct cost of include a regulatory text provision subject, including working on a compliance on them. We have analyzed mandating good faith efforts for used regulatory evaluation concerning the this rule under the Order and have vehicles operated in demand-responsive costs and benefits of such a determined that it does not have systems for the general public. requirement. Because the work on a implications for federalism sufficient to regulatory evaluation concerning rail Expansion of Key Station Requirements warrant the preparation of a Federalism service accessibility has occurred before Assessment, since it does not change the NPRM and Comments work has been completed on the relationship between the Department regulatory evaluation of the reasonable The NPRM asked whether and State or local governments, pre- modification proposal, the Department requirements to retrofit stations for empt State law, or impose substantial is not issuing a final rule concerning accessibility should be extended to direct compliance costs on those reasonable modification at this time. include stations not originally governments. The Department notes that its designated as key stations (e.g., stations September 2005 guidance concerning Regulatory Flexibility Act (5 U.S.C. 601– that, because of changes in land use, origin-to-destination service remains the 612) had become higher passenger volume Department’s interpretation of the stations than they were in 1991). The Department certifies that this rule obligations of ADA complementary Disability community commenters and will not have a significant economic paratransit providers under existing one transportation provider stated that effect on a substantial number of small regulations. As with other all existing stations should be made entities. The rail operators affected by interpretations of regulatory provisions, accessible or, at least, that if an existing the boarding nondiscrimination portion the Department will rely on this station began to meet key station criteria of the rule are Amtrak and commuter interpretation in implementing and (e.g., because of changes in usage authorities. Amtrak is a large entity. enforcing the origin-to-destination patterns or in the configuration of a rail Commuter rail operators are large requirement of part 37. This application system), that station should be added to entities. Moreover, as the text of the rule of the origin-to-destination service the list of key stations and modified to and preamble make clear, there are no requirement of the existing rule is not make it accessible. Most transportation retrofit requirements that would dependent on the ultimate disposition providers either said that a requirement increase costs for covered entities, of the NPRM’s reasonable modification to this effect was unnecessary or that regardless of size, as requirements apply proposal. retrofitting additional stations for only with respect to new and altered accessibility was a decision that should Regulatory Analyses and Notices facilities. As the regulatory evaluation be made locally. shows, costs for Amtrak will be modest Executive Order 12866 and costs for commuter operators will DOT Response This final rule is significant for be relatively low. None of the other In the Department’s view, the ADA purposes of Executive Order 12866 and provisions of the rule have any does not provide a statutory basis for the Department of Transportation’s significant effect on entities’ costs or requiring the expansion of the list of key Regulatory Policies and Procedures. The operations. The wheelchair equipment stations, renovation of which for NPRM clarifies the Department’s provision applies only to how accessibility was to have been existing requirements concerning new transportation providers, regardless of completed within a stated amount of commuter and intercity rail platforms. size, use the equipment they have. time after the statute became effective. The Department has conducted a Again, no retrofit is required. The By incorporating the key station regulatory evaluation of the costs of the changes to part 38 are only in concept, the ADA clearly did not take requirements of the final rule version of terminology. These facts support the the view that all existing stations in pre- section 37.42. The overall conclusion of Department’s conclusion that there will ADA systems had to be retrofitted. The the evaluation is that there will be no not be significant economic effects from

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57935

the rule, and that a substantial number § 37.3 Definitions. (b) For new or altered stations serving of small entities are not affected. * * * * * commuter, intercity, or high-speed rail Direct threat means a significant risk lines or systems, in which no track Unfunded Mandates Reform Act to the health or safety of others that passing through the station and adjacent Since the ADA and section 504 are cannot be eliminated by a modification to platforms is shared with existing nondiscrimination/civil rights statutes, of policies, practices, procedures, or by freight rail operations, the performance the Unfunded Mandates Reform Act the provision of auxiliary aids or standard of paragraph (a) of this section does not apply. In any case, since services. must be met by providing level-entry Amtrak and commuter rail authorities * * * * * boarding to all accessible cars in each receive Federal funds for the operations Wheelchair means a mobility aid train that serves the station. to which this rule applies, the rule’s belonging to any class of three- or more- (c) For new or altered stations serving requirements are properly considered as wheeled devices, usable indoors, commuter, intercity, or high-speed rail funded mandates. designed or modified for and used by lines or systems, in which track passing individuals with mobility impairments, through the station and adjacent to Paperwork Reduction Act whether operated manually or powered. platforms is shared with existing freight Under this rule, railroads that choose ■ 3. Revise § 37.15 to read as follows: rail operations, the railroad operator may comply with the performance to use a means of meeting the § 37.15 Interpretations and guidance. performance standard other than level- standard of paragraph (a) by use of one entry boarding would have to submit a The Secretary of Transportation, or more of the following means: proposed plan to FRA or FTA Office of the Secretary of (1) Level-entry boarding; Transportation, and Operating (2) Car-borne lifts; demonstrating that their chosen method (3) Bridge plates, ramps or other would actually achieve the rule’s Administrations may issue written interpretations of or written guidance appropriate devices; objectives (see section 37.42(d)(2)). They concerning this part. Written (4) Mini-high platforms, with multiple would also have to make a comparison interpretations and guidance shall be mini-high platforms or multiple train between using car-borne lifts and other developed through the Department’s stops, as needed, to permit access to all means of meeting the regulatory coordinating mechanism for disability accessible cars available at that station; performance standard (see section matters, the Disability Law Coordinating or 37.42(d)(1)). These requirements Council. Written interpretations and (5) Station-based lifts; constitute information collection guidance constitute the official position (d) Before constructing or altering a requirements covered by the Paperwork of the Department of Transportation, or platform at a station covered by Reduction Act of 1995 (PRA) and OMB any of its operating administrations, paragraph (c) of this section, at which a rules implementing it. The Department only if they are issued over the signature railroad proposes to use a means other will issue a separate 60-day notice of the Secretary of Transportation or if than level-entry boarding, the railroad seeking comment on these information they contain the following statement: must meet the following requirements: collection requirements. ‘‘The General Counsel of the (1) If the railroad operator not using List of Subjects Department of Transportation has level-entry boarding chooses a means of reviewed this document and approved it meeting the performance standard other 49 CFR Part 37 as consistent with the language and than using car-borne lifts, it must perform a comparison of the costs Buildings, Buses, Civil Rights, intent of 49 CFR parts 27, 37, 38, and/ (capital, operating, and life-cycle costs) Handicapped, Individuals with or 39, as applicable.’’ of car-borne lifts and the means chosen Disabilities, Mass Transportation, ■ 4. In § 37.23, in paragraphs (a), (c), by the railroad operator, as well as a Railroads, Reporting and recordkeeping and (d), add the words ‘‘(including, but comparison of the relative ability of requirements, Transportation. not limited to, a grant, subgrant, or cooperative agreement)’’ after the word each of these alternatives to provide 49 CFR Part 38 ‘‘arrangement.’’ service to individuals with disabilities in an integrated, safe, timely, and ■ 5. Add a new § 37.42, to read as Buses, Civil Rights, Handicapped, reliable manner. The railroad operator follows: Individuals with Disabilities, Mass must submit a copy of this analysis to Transportation, Railroads, Reporting § 37.42 Service in an Integrated Setting to FTA or FRA at the time it submits the and recordkeeping requirements, Passengers at Intercity, Commuter, and plan required by paragraph (d)(2) of this Transportation. High-Speed Rail Station Platforms section. Issued this 29th Day of August, 2011 at Constructed or Altered After February 1, (2) The railroad operator must submit Washington, DC. 2012. a plan to FRA and/or FTA, describing Ray LaHood, (a) In addition to meeting the its proposed means to meet the Secretary of Transportation. requirements of sections 37.9 and 37.41, performance standard of paragraph (a) an operator of a commuter, intercity, or of this section at that station. The plan For the reasons set forth in the high-speed rail system must ensure, at must demonstrate how boarding preamble, the Department of stations that are approved for entry into equipment or platforms would be Transportation amends 49 CFR parts 37 final design or that begin construction deployed, maintained, and operated; and 38 as follows: or alteration of platforms on or after and how personnel would be trained ■ 1. The authority citation for part 37 February 1, 2012, that the following and deployed to ensure that service to continues to read as follows: performance standard is met: individuals with disabilities is provided individuals with disabilities, including Authority: 42 U.S.C. 12101–12213; 49 in an integrated, safe, timely, and U.S.C. 322. individuals who use wheelchairs, must reliable manner. have access to all accessible cars (3) Before proceeding with ■ 2. In § 37.3, add the definition ‘‘Direct available to passengers without constructing or modifying a station threat’’ and revise the definition disabilities in each train using the platform covered by paragraphs (c) and ‘‘Wheelchair’’ to read as follows: station. (d) of this section, the railroad must

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57936 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

obtain approval from the FTA (for a mini-high platform or where the and redesignate paragraph (a)(3) as commuter rail systems) or the FRA (for physical structure of an existing station (a)(2). intercity rail systems). The agencies will does not allow such clearance), barriers ■ 11. Appendix D to Part 37 is amended evaluate the proposed plan and may must be used to prevent the flow of by: approve, disapprove, or modify it. The pedestrian traffic through these ■ A. Under Section 37.3 Definitions, FTA and the FRA may make this narrower areas. remove the last two paragraphs and add determination jointly in any situation in (f) For purposes of this part, level- four paragraphs in its place, which both a commuter rail system and entry boarding means a boarding ■ B. Add Section 37.42 in numerical an intercity or high-speed rail system platform design in which the horizontal order, use the tracks serving the platform. FTA gap between a car at rest and the ■ C. Revise the first paragraph under and FRA will respond to the railroad’s platform is no more than 10 inches on Section 37.71, plan in a timely manner, in accordance tangent track and 13 inches on curves ■ D. Under Section 37.93 remove the with the timetable set forth in and the vertical height of the car floor period at the end of last sentence in the paragraphs (d)(3)(i) through (d)(3)(iii) of is no more than 5.5 inches above the third paragraph and replace with it this paragraph. boarding platform. Where the horizontal comma, and add the following language: (i) FTA/FRA will provide an initial gap is more than 3 inches and/or the ‘‘except where doing is necessary to written response within 30 days of vertical gap is more than 5⁄8 inch, comply with the provisions of section receiving a railroad’s written proposal. measured when the vehicle is at rest, 37.42 of this part.’’ This response will say either that the the horizontal and vertical gaps between ■ E. Revise Section 37.165. submission is complete or that the car floor and the boarding platform The revisions and additions read as additional information is needed. must be mitigated by a bridge plate, follows: (ii) Once a complete package, ramp, or other appropriate device including any requested additional consistent with 49 CFR 38.95(c) and Appendix D to Part 37—Construction information, is received, as 38.125(c). and Interpretation of Provisions of 49 acknowledged by FRA/FTA in writing, CFR Part 37 FRA/FTA will provide a substantive § 37.71 [Amended] * * * * * response accepting, rejecting, or ■ 6. In § 37.71, remove the words Section 37.3 Definitions modifying the proposal within 120 days. ‘‘Except as provided elsewhere in this (iii) If FTA/FRA needs additional time section’’ from paragraph (a) and remove * * * * * to consider the railroad’s proposal, paragraphs (b) through (g). The definition of ‘‘wheelchair’’ includes a FRA/FTA will provide a written wide variety of mobility devices. This communication to the railroad setting § 37.103 [Amended] inclusiveness is consistent with the legislative history of the ADA (See S. Rept. forth the reasons for the delay and an ■ 7. In § 37.103 (b) and (c), remove the estimate of the additional time (not to 101–116 at 48). While some mobility devices words ‘‘or an over-the-road bus,’’. may not look like many persons’ traditional exceed an additional 60 days) that FRA/ ■ idea of a wheelchair, three- and more- FTA expect to take to finalize a 8. Revise § 37.165(b) to read as follows: wheeled devices, of many varied designs, are substantive response to the proposal. used by individuals with disabilities and (iv) In reviewing the plan, FRA and § 37.165 Lift and securement use. must be transported. ‘‘Wheelchair’’ is defined FTA will consider factors including, but * * * * * in this rule as a mobility aid belonging to any not limited to, how the proposal class of three-or more-wheeled devices, (b) Except as provided in this section, usable indoors, designed or modified for and maximizes accessibility to individuals individuals using wheelchairs shall be with disabilities, any obstacles to the used by individuals with mobility transported in the entity’s vehicles or impairments, whether operated manually or use of a method that could provide other conveyances. better service to individuals with powered. The ‘‘three- or-more-wheeled’’ (1) With respect to wheelchair/ language in the definition is intended to disabilities, the safety and reliability of occupant combinations that are larger or encompass wheelchairs that may have the approach and related technology heavier than those to which the design additional wheels (e.g., two extra guide proposed to be used, the suitability of standards for vehicles and equipment of wheels in addition to the more traditional the means proposed to the station and 49 CFR part 38 refer, the entity must four wheels). line and/or system on which it would be carry the wheelchair and occupant if the Persons with mobility disabilities may use devices other than wheelchairs to assist with used, and the adequacy of equipment lift and vehicle can accommodate the and maintenance and staff training and locomotion. Canes, crutches, and walkers, for wheelchair and occupant. The entity example, are often used by people whose deployment. may decline to carry a wheelchair/ (e) In any situation using a mobility disabilities do not require use of a occupant if the combined weight combination of high and low platforms, wheelchair. These devices must be exceeds that of the lift specifications or accommodated on the same basis as a commuter or intercity rail operator if carriage of the wheelchair is wheelchairs. However, the Department does shall not employ a solution that has the demonstrated to be inconsistent with not interpret its rules to require effect of channeling passengers into a legitimate safety requirements. transportation providers to accommodate narrow space between the face of the (2) The entity is not required to devices that are not primarily designed or higher-level platform and the edge of intended to assist persons with mobility permit wheelchairs to ride in places the lower platform. disabilities (e.g., skateboards, bicycles, (1) Except as provided in paragraph other than designated securement shopping carts), apart from general policies (e)(2) of this paragraph, any obstructions locations in the vehicle, where such applicable to all passengers who might seek on a platform (mini-high platforms, locations exist. to bring such devices into a vehicle. * * * * * Similarly, the Department does not interpret stairwells, elevator shafts, seats etc.) its rules to require transportation providers to shall be set at least six feet back from § 37.169 [Removed and reserved] permit an assistive device to be used in a way the edge of a platform. ■ that departs from or exceeds the intended (2) If the six-foot clearance is not 9. Remove and reserve § 37.169. purpose of the device (e.g., to use a walker, feasible (e.g., where such a clearance ■ 10. In § 37.193, remove paragraph even one with a seat intended to allow would create an insurmountable gap on (a)(2), remove and reserve paragraph (c), temporary rest intervals, as a wheelchair in

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57937

which a passenger sits for the duration of a through stations and adjacent to platforms is plates only at cars 2 and 7, not at the other ride on a transit vehicle). not shared with existing freight rail cars. Similarly, the rule requires operators to The definition of wheelchair is not operations, the performance standard must provide access only to available cars at a intended to include a class of devices known be met by providing level-entry boarding to station. If a train has eight accessible cars, but as ‘‘other power-driven mobility devices’’ all accessible cars in each train that serves the platform only serves cars 1 through 6, (OPMDs). OPMDs are defined in Department new or altered stations on the line or system. then railroad personnel need to deploy lifts of Justice ADA rules as ‘‘any mobility device For example, if a new commuter or high- or bridge plates only at cars that people with powered by batteries, fuel, or other engines— speed rail line or system is being built, and disabilities are trying to access and that are whether or not designed primarily for use by the track adjacent to platforms is not shared available to all passengers. We would also individuals with mobility disabilities—that is with freight traffic (e.g., it is a passenger rail- point out that wheelchair positions on rail used by individuals with mobility disabilities only system, or a passing or gauntlet track passenger cars are intended to serve for the purpose of locomotion, including golf exists for freight traffic), then the stations wheelchair users, and railroad operators carts * * * Segway[s]®, or any mobility would have to provide level-entry boarding. should take steps to ensure that these spaces device designed to operate in areas without Other options would not be permitted. are available for wheelchair users and not for defined pedestrian routes, but that is not a If a platform being constructed or altered other uses. For example, it would be contrary wheelchair * * * .’’ DOT is placing guidance is not adjacent to track used for freight, but to the rule for a wheelchair user to be told on its Web site concerning the use of the track and platform are used by more than that he or she could not use car 7 because Segways in transportation vehicles and one passenger railroad (e.g., Amtrak and a the wheelchair spaces were filled with other facilities. commuter railroad), the possibility of the passengers’ luggage from a previous stop. The definition of ‘‘direct threat’’ is platform serving cars with different door In order to ensure that access was intended to be interpreted consistently with heights exists. In this situation, the level- provided, passengers would have to notify the parallel definition in Department of entry boarding requirement continues to railroad personnel. For example, if a Justice regulations. That is, part 37 does not exist. Generally, the platform should be level passenger at a station wanted to use a station- require a public entity to permit an with respect to the system that has the lower based lift to access car 6, the passenger individual to participate in or benefit from boarding height. This is because it is not would request the use of car 6 and railroad the services, programs, or activities of that good safety practice to make passengers step personnel would deploy the lift at that car. public entity when that individual poses a down (or be lifted down or use ramps to get Likewise, at a station using a mini-high direct threat to the health or safety of others. down) to board a train. For example, if platform, a passenger on this platform would In determining whether an individual poses Amtrak operates through a station with cars inform train personnel that he or she wanted a direct threat to the health or safety of that are 15 inches ATR, and a commuter to enter car 5, whereupon the train would others, a public entity must make an railroad uses the same platform with cars that pull forward so that car 5 was opposite the individualized assessment, based on are 25 inches ATR, the platform would be mini-high platform. We contemplate that reasonable judgment that relies on current level with respect to the Amtrak cars. The these requests would be made when the train medical knowledge or on the best available commuter railroad would have to provide arrives, and railroads could not insist on objective evidence, to ascertain: the nature, another means of access, such as lifts. In all advance notice (e.g., the railroad could not duration, and severity of the risk; the require a passenger to call a certain time in probability that the potential injury will such cases where mixed rail equipment will actually occur; and whether reasonable be used, the rule requires that both FRA and advance to make a ‘‘reservation’’ to use a lift modifications of policies, practices, or FTA be consulted by the railroads involved. to get on a particular car). As part of its procedures or the provision of auxiliary aids As in other cases where level-entry boarding submission to FTA or FRA, the railroad or services will mitigate the risk. is not used, the railroad must obtain FTA would describe the procedure it would use and/or FRA approval for the means the to receive and fulfill these requests. * * * * * railroad wants to use to meet the Where a railroad operator wishes to Section 37.42 performance standard. provide access to its rail cars through a The details of the ‘‘track passing through means other than level-entry boarding, it is Service in an integrated setting to stations and adjacent to platforms is shared essential that it provide an integrated, safe, passengers at intercity, commuter, and high- with existing freight rail operations’’ timely, reliable, and effective means of access speed rail station platforms constructed or for people with disabilities. A railroad is not altered after February 1, 2012. language are important. There may be Individuals with disabilities, including stations that serve lines that are shared, at required to choose what might be regarded as individuals who use wheelchairs, must have some points, by passenger and freight traffic, a more desirable or convenient method over access to all accessible cars in each train but where the freight traffic does not go a less desirable or convenient method, or to using a new or altered station. This through the particular station (e.g., because choose a more costly option over a less costly performance standard will apply at stations freight traffic bypasses the station), level- option. What a railroad must do is to ensure where construction or alteration of platforms entry boarding is required. There could also that whatever option it chooses works. begins 135 days or more after the rule is be situations on which multiple tracks pass However, to assist railroads in choosing the published. The performance standard does through a station, and freight traffic uses only most suitable option, the rule requires that a not require rail operators to retrofit existing a center track, not a track which is adjacent railroad not using level-entry boarding, if it station platforms or cars. The requirement is to a platform. In such cases, the new or chooses an approach other than the use of prospective, and section 37.42 does not altered platform would have to provide level- car-borne lifts, must perform a comparison of require retrofit of existing stations (though entry boarding. It is important to note that the costs (capital, operating, and life-cycle compliance with existing disability this language refers to ‘‘existing’’ freight rail costs) of car-borne lifts versus the means nondiscrimination requirements not being traffic, as opposed to the possibility that preferred by the railroad operator, as well as altered is still required). To meet this freight traffic might use the track in question a comparison of the relative ability of each performance standard on lines or systems at some future time. Likewise, if freight trains of the two alternatives (i.e., car-borne lifts where track passing through stations and have not used a track passing through a and the railroad’s preferred approach) to adjacent to platforms is shared with existing station in a significant period of time (e.g., provide service to people with disabilities in freight rail operations, passenger railroads the past 10 years), the Department does not an integrated, safe, reliable, and timely that do not choose to provide level-entry view this as constituting ‘‘existing freight rail manner. The railroad must submit this boarding may, after obtaining FRA and/or traffic.’’ comparison to FTA and FRA at the same time FTA approval, use car-borne lifts, ramps or Passenger rail operators must provide as it submits its plan to FRA and/or FTA, as other devices, mini-high platforms (making access only to accessible, available cars that described below, although the comparison is multiple stops where necessary to people with disabilities are trying to access not part of the basis on which the agencies accommodate passengers wishing to use at a given station. If a train has eight would determine whether the plan meets the different cars of the train), or movable accessible cars, and wheelchair users want to performance standard. The Department station-based lifts. enter only cars 2 and 7 (see discussion below believes that, in creating this plan, railroads On commuter, intercity, or high-speed rail of passenger notification), then railroad should consult with interested individuals lines or systems in which track passing personnel need to deploy lifts or bridge and groups and should make the plan readily

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57938 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations

available to the public, including individuals reasonably achievable. Similarly, it is likely Section 37.71 Acquisition of Accessible with disabilities. that, in a system using mini-high platforms, Vehicles by Public Entities To ensure that the railroad’s chosen option making multiple stops at existing stations This section generally sets out the basic works, the railroad must provide to FRA or would be reasonable achievable. The use of acquisition requirements for a public entity FTA (or both), as applicable, a plan a station-based lift at an existing station to purchasing a new vehicle. The section explaining how its preferred method will serve more than one car of a train may well requires any public entity that purchases or provide the required integrated, safe, reliable, also be reasonably achievable (e.g., with leases a new vehicle to acquire an accessible timely and effective means of access for movement of the lift or multiple stops, as vehicle. people with disabilities. The plan would needed). Such actions would serve the have to explain how boarding equipment objective of providing service in an * * * * * (e.g., bridge plates, lifts, ramps, or other integrated setting. In addition, in situations Section 37.165 Lift and Securement Use appropriate devices) and/or platforms will be where a railroad and the Department have deployed, maintained, and operated, as well negotiated access to every accessible car in This provision applies to both public and as how personnel will be trained and an existing system (e.g., with car-borne lifts private entities. deployed to ensure that service to and mini-high platforms as a back-up), the All people using wheelchairs, as defined in individuals with disabilities was provided in Department expects the railroads to continue the rule, and other powered mobility devices, an integrated, safe, timely, effective, and to provide access to every accessible car for under the circumstances provided in the reliable manner. people with disabilities. rule, are to be allowed to ride the entity’s FTA and/or FRA will evaluate the Section 37.42(e) provides a safety vehicles. proposed plan with respect to whether it will requirement concerning the setback of Entities may require wheelchair users to achieve the objectives of the performance structures and obstacles (e.g., mini-high ride in designated securement locations. That standard and may approve, disapprove, or platforms, elevators, escalators, and is, the entity is not required to carry modify it. It should be emphasized that the stairwells) from the platform edge. This wheelchair users whose wheelchairs would purpose of FTA/FRA review of this plan is provision is based on long-standing FRA have to park in an aisle or other location where they could obstruct other persons’ to make sure that whatever approach a recommendations and the expertise of the passage or where they could not be secured railroad chooses will in fact work; that is, it Department’s staff. The Department believes or restrained. An entity’s vehicle is not will really result in an integrated, safe, that it is inadvisable, with the exception of required to pick up a wheelchair user when reliable, timely and effective means of access boarding and alighting a train, to ever have the securement locations are full, just as the for people with disabilities. If a plan, in the a wheelchair operate over the two-foot wide vehicle may pass by other passengers waiting view of FRA or FTA, fails to meet this test, tactile strips that are parallel to the edge of at the stop if the bus is full. then FTA or FRA can reject it or require the the platform. This leaves a four-foot distance for a person in a typical wheelchair to The entity may require that wheelchair railroad to modify it to meet the objectives maneuver safely past stair wells, elevator users make use of securement systems for of this provision. shafts, etc. It also is important because a their mobility devices. The entity, in other In considering railroads’ plans, the wheelchair user exiting a train at a door words, can require wheelchair users to agencies will consider factors including, but where there is not a six-foot clearance would ‘‘buckle up’’ their mobility devices. The not limited to, how the proposal maximizes likely have difficulty exiting and making the entity is required, on a vehicle meeting part integration of and accessibility to individuals turn out of the rail car door. The requirement 38 standards, to use the securement system with disabilities, any obstacles to the use of would also avoid channeling pedestrians to secure wheelchairs as provided in that a method that could provide better service to through a relatively narrow space where, in part. On other vehicles (e.g., existing vehicles individuals with disabilities, the safety and crowded platform conditions, there would be with securement systems which do not reliability of the approach and related an increased chance of someone falling off comply with part 38 standards), the entity technology proposed to be used, the the edge of the platform. Since the rule must provide and use a securement system suitability of the means proposed to the concerns only new and altered platforms, the to ensure that the mobility device remains station and line and/or system on which it Department does not believe the cost or within the securement area. This latter would be used, and the adequacy of difficulty of designing the platforms to requirement is a mandate to use best efforts equipment and maintenance and staff eliminate this hazard will be significant. to restrain or confine the wheelchair to the training and deployment. Section 37.42(f) provides the maximum securement area. The entity does the best it For example, some commenters have gap allowable for a platform to be considered can, given its securement technology and the expressed significant concerns about the use ‘‘level.’’ However, this maximum is not nature of the wheelchair. The Department of station-based lifts, noting instances in intended to be the norm for new or altered encourages entities with relatively less which such lifts have not been maintained in platforms. The Department expects adequate securement systems on their a safe and reliable working order. A railroad transportation providers to minimize vehicles, where feasible, to retrofit the proposing to use station-based lifts would platform gaps to the greatest extent possible vehicles with better securement systems, that have to describe to FTA or FRA how it would by building stations on tangent track and can successfully restrain a wide variety of ensure that the lifts remained in safe and using gap-filling technologies, such as wheelchairs. It is our understanding that the reliable operating condition (such as by moveable platform edges, threshold plates, cost of doing so is not enormous. cycling the lift daily or other regular platform end boards, and flexible rubber An entity may not, in any case, deny maintenance) and how it would ensure that fingers on the ends of platforms. The transportation to a wheelchair and its user personnel to operate the lift were available in Department encourages the use of Gap because the wheelchair cannot be secured or a timely manner to assist passengers in Management Plans and consultation with restrained by a vehicle’s securement system, boarding a train. This demonstration must FRA and/or FTA for guidance on gap safety to the entity’s satisfaction. The same point clearly state how the railroad expects that issues. applies to an OPMD and its user, subject to their operations will provide safe and Even where level-entry boarding is legitimate safety requirements. dignified service to the users of such lifts. provided, it is likely that, in many instances, Entities have often recommended or In existing stations where it is possible to bridge plates would have to be used to enable required that a wheelchair user transfer out provide access to every car without station or passengers with disabilities to enter cars, of his or her own device into a vehicle seat. rail car retrofits, rail providers that receive because of the horizontal gaps involved. Under this rule, it is no longer permissible DOT financial assistance should be mindful Section 38.95(c)(5), referred to in the to require such a transfer. The entity may of the requirement of 49 CFR 27.7(b)(2), regulatory text, permits various ramp slopes provide information on risks and make a which requires that service be provided ‘‘in for bridge plates, depending on the vertical recommendation with respect to transfer, but the most integrated setting that is reasonably gap in given situation. In order to maximize the final decision on whether to transfer is achievable.’’ For example, if a set of rail cars the opportunity of passengers to board up to the passenger. has car-borne lifts that enable the railroad to independently, the Department urges The entity’s personnel have an obligation comply with section 37.42 at new or altered railroads to use the least steep ramp slope to ensure that a passenger with a disability station platforms, it is likely that deployment feasible at a given platform.\ is able to take advantage of the accessibility of this lift at existing stations will be * * * * * and safety features on vehicles.

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Rules and Regulations 57939

Consequently, the driver or other personnel nondiscrimination law, for the transportation § 38.93 [Amended] must provide assistance with the use of lifts, provider to refuse to transport the device and ramps, and securement devices. For example, its user. Transportation providers must carry ■ 14. In § 38.93(d)(3), remove the period the driver must deploy the lift properly and a wheelchair and its user, as long as the lift at the end of the paragraph and add the safely. If the passenger cannot do so can accommodate the size and weight of the following words: ‘‘,ensuring compliance independently, the driver must assist the wheelchair and its user and there is space for with section 37.42, where applicable.’’ passenger with using the securement device. the wheelchair on the vehicle. However, if in in its place. On a vehicle which uses a ramp for entry, the fact a lift or vehicle is unable to driver may have to assist in pushing a accommodate the wheelchair and its user, § 38.95 [Amended] manual wheelchair up the ramp (particularly the transportation provider is not required to where the ramp slope is relatively steep). All carry it. ■ 15. In § 38.95, amend the first these actions may involve a driver leaving his For example, suppose that a bus or sentence of paragraph (a)(2) by adding seat. Even in entities whose drivers paratransit vehicle lift will safely the words ‘‘level-entry boarding,’’ before accommodate an 800-pound wheelchair/ traditionally do not leave their seats (e.g., the words ’’ portable or platform lifts’’ because of labor-management agreements or passenger combination, but not a company rules), this assistance must be combination exceeding 800 pounds (i.e., a and by revising the second sentence to provided. This rule overrides any design load of 800 lbs.). The lift is one that read ‘‘The access systems or devices requirements to the contrary. exceeds the part 38 design standard, which used at a station to which section 37.42 Wheelchair users, especially those using requires lifts to be able to accommodate a applies must permit compliance with electric wheelchairs, often have a preference 600-pound wheelchair/passenger that section.’’ for entering a lift platform and vehicle in a combination. The transportation provider particular direction (e.g., backing on or going could limit use of that lift to a combination § 38.111 [Amended] on frontwards). Except where the only way of 800 pounds or less. Likewise, if a of successfully maneuvering a device onto a wheelchair or its attachments extends ■ 16. In § 38.111, vehicle or into its securement area or an beyond the 30 x 48 inch footprint found in ■ A. Amend paragraph (b)(1) by overriding safety concern (i.e., a direct threat) part 38’s design standards but fits onto the removing the words ‘‘If physically and requires one way of doing this or another, the lift and into the wheelchair securement area operationally practicable’’ and adding in transit provider should respect the of the vehicle, the transportation provider passenger’s preference. We note that most would have to accommodate the wheelchair. their place the words ‘‘Unless electric wheelchairs are usually not equipped However, if such a wheelchair was of a size structurally or operationally with rearview mirrors, and that many that would block an aisle and interfere with impracticable.’’ persons who use them are not able to rotate the safe evacuation of passengers in an ■ B. Amend paragraph (b)(2) by their heads sufficiently to see behind. People emergency, the operator could deny carriage removing the words ‘‘’’not structurally of that wheelchair based on a legitimate using canes or walkers and other standees or operationally practicable’’ and with disabilities who do not use wheelchairs safety requirement. but have difficulty using steps (e.g., an adding, in their place, the words elderly person who can walk on a level PART 38—AMERICANS WITH ‘‘structurally or operationally surface without use of a mobility aid but DISABILITIES ACT (ADA) impracticable’’. cannot raise his or her legs sufficiently to ACCESSIBILITY SPECIFICATIONS FOR § 38.113 [Amended] climb bus steps) must also be permitted to TRANSPORTATION VEHICLES use the lift, on request. ■ 17. In § 38.113, amend paragraph A lift conforming to Access Board ■ 12. The authority citation for 49 CFR (d)(3) by removing the period at the end requirements has a platform measuring at part 38 continues to read as follows: least 30’’ x 48’’, with a design load of at least of the paragraph and adding the words 600 pounds (i.e., capable of lifting a Authority: 42 U.S.C. 12101–12213; 49 ‘‘ensuring compliance with section wheelchair/occupant combination of up to U.S.C. 322. 37.42, where applicable’’ in its place. 600 pounds). Working parts upon which the § 38.91 [Amended] lift depends for support of the load, such as § 38.125 [Amended] ■ cables, pulleys, and shafts, must have a safety 13. In § 38.91: ■ factor of at least six times the design load; ■ A. Amend paragraph (c)(1) by 18. In § 38.125, amend the first nonworking parts such as the platform, removing the words ‘‘wherever sentence of paragraph (a)(2) by adding frame, and attachment hardware, which structurally and operationally the words ‘‘level-entry boarding,’’ before would not be expected to wear, must have a practicable’’ and adding in their place the words ’’ portable or platform lifts’’ safety factor of at least three times the design the words ‘‘unless structurally or and by adding a second sentence ‘‘The load. operationally impracticable.’’ access systems or devices used at a If a transportation provider has a vehicle ■ station to which section 37.42 applies and equipment that meets or exceeds B. Amend paragraph (c)(2) by removing the words ‘‘not structurally or must permit compliance with that standards based on Access Board guidelines, section.’’ at the end of the paragraph. and the vehicle and equipment can in fact operationally practicable’’ and adding, safely accommodate a given wheelchair, then in their place, the words ‘‘structurally or [FR Doc. 2011–23576 Filed 9–15–11; 11:15 am] it is not appropriate, under disability operationally impracticable’’. BILLING CODE 4910–9X–P

VerDate Mar<15>2010 13:21 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4700 Sfmt 9990 E:\FR\FM\19SER1.SGM 19SER1 tkelley on DSKG8SOYB1PROD with RULES 57940

Proposed Rules Federal Register Vol. 76, No. 181

Monday, September 19, 2011

This section of the FEDERAL REGISTER • Hand Delivery, Courier, or U.S. States and abroad, to carefully analyze contains notices to the public of the proposed Postal delivery: Amy Slusher, Deputy changes in the proposed rule and issuance of rules and regulations. The Director, Credit Programs Division, c/o provide thorough comments. In purpose of these notices is to give interested Public Affairs Division, Foreign response to this request, CCC is persons an opportunity to participate in the Agricultural Service, U.S. Department of extending the comment period by 30 rule making prior to the adoption of the final rules. Agriculture, 1400 Independence Ave., days to give the public more time to SW., Stop 1004, Room 5076, provide input and to make Washington, DC 20250–1004. recommendations on the proposed rule. DEPARTMENT OF AGRICULTURE Comments may be inspected at 1400 With this extension, the public may Independence Avenue, SW., submit comments through October 26, Commodity Credit Corporation Washington, DC, between 8 a.m. and 2011. 4:30 p.m., Monday through Friday, Dated: September 9, 2011. 7 CFR Part 1493 except holidays. A copy of this proposed rule is available through the Suzanne E. Heinen, Acting Vice President, Commodity Credit RIN 0551–AA74 Foreign Agricultural Service (FAS) homepage at: http://www.fas.usda.gov/ Corporation, and Acting Administrator, Foreign Agricultural Service. CCC Export Credit Guarantee (GSM– excredits/exp-cred-guar-new.asp. [FR Doc. 2011–23962 Filed 9–16–11; 8:45 am] 102) Program FOR FURTHER INFORMATION CONTACT: Amy Slusher, Deputy Director, Credit BILLING CODE 3410–10–P AGENCY: Foreign Agricultural Service Programs Division; by phone at (202) and Commodity Credit Corporation, 720–6211; or by e-mail at: USDA. [email protected]. DEPARTMENT OF JUSTICE ACTION: Proposed rule; extension of SUPPLEMENTARY INFORMATION: comment period. 28 CFR Part 16 Background SUMMARY: The Commodity Credit [OAG Docket No. 140; AG Order No. 3296– Corporation (CCC) published a proposed On July 27, 2011, CCC published a 2011] rule on July 27, 2011 (76 FR 44836– proposed rule titled ‘‘CCC Export Credit 44855), revising and amending the Guarantee (GSM–102) Program’’ in the RIN 1105–AB27 regulations that administer the Export Federal Register (76 FR 44836–44855). Credit Guarantee (GSM–102) Program. The GSM–102 Program is administered Revision of Department of Justice Changes in this proposed rule by the Foreign Agricultural Service Freedom of Information Act incorporate program operational (FAS) of the U.S. Department of Regulations Agriculture (USDA) on behalf of CCC, changes and information from press AGENCY: Department of Justice. releases and notices to participants that pursuant to program regulations ACTION: Notice of proposed rulemaking; have been implemented since the codified at 7 CFR part 1493 and through reopening of comment period. publication of the current rule, and the issuance of ‘‘Program Announcements’’ and ‘‘Notices to include other administrative revisions SUMMARY: On March 21, 2011, the Participants’’ that are consistent with to enhance clarity and program Department of Justice published a this program regulation. The current integrity. CCC is extending the comment proposed rule revising its existing regulations became effective on period for the proposed rule to give the regulations under the Freedom of November 18, 1994. Since that time, public more time to provide input and Information Act. The comment period CCC has implemented numerous recommendations on the proposed rule. for that rule closed on April 20, 2011. operational changes to improve the The original comment period would The Department is reopening the efficiency of the program, including have closed on September 26, 2011; comment period for an additional 30- revised program controls to improve CCC is extending the comment period day period. for 30 additional days. With this program quality, reduce costs, and protect against waste and fraud. Also DATES: The comment period for the extension, the public may submit NRPM published on March 21, 2011 (76 comments through October 26, 2011. since that time, agricultural trade and finance practices have evolved. This FR 15236), closed on April 20, 2011. DATES: Comments concerning this proposed rule is intended to reflect This document reopens the comment proposed rule must be received by these changes and to enhance the period. Written comments must be October 26, 2011, to be assured overall clarity and integrity of the postmarked and electronic comments consideration. program. In addition, the Food, must be submitted on or before October ADDRESSES: Comments may be Conservation, and Energy Act of 2008 19, 2011. Commenters should be aware submitted by any of the following repealed the authority to operate the that the electronic Federal Docket methods: GSM–103 Program, and this change is Management System will not accept • Federal eRulemaking Portal: Go to reflected in the proposed rule. comments after Midnight Eastern Time http://www.regulations.gov. Follow the CCC has received comments from a on the last day of the comment period. online instructions to submit comments. number of organizations requesting that ADDRESSES: You may submit comments, • E-Mail: [email protected]. the comment period for the proposed by any of the following methods: • Fax: (202) 720–2495, Attention: rule be extended to allow industry and • Federal eRulemaking Portal: http// ‘‘GSM102 Proposed Rule Comments’’. other affected parties, both in the United www.regulations.gov.

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules 57941

• FAX: (202) 514–1009. Send your of your comment. You also must after publication of this notice of comments to the attention of Caroline A. prominently identify confidential proposed rulemaking. Smith. business information to be redacted Dated: September 12, 2011. • Mail: Caroline A. Smith, Office of within the comment. If a comment has Eric H. Holder, Jr., Information Policy, U.S. Department of so much confidential business Attorney General. Justice, 1425 New York Ave, Suite information that it cannot be effectively 11050, Washington, DC 20530–0001. redacted, all or part of that comment [FR Doc. 2011–23903 Filed 9–16–11; 8:45 am] To ensure proper handling, please may not be posted on http:// BILLING CODE 4110–BE–P reference OAG Docket No. 140 on your www.regulations.gov. correspondence. See SUPPLEMENTARY Personal identifying information and INFORMATION for further instructions for confidential business information DEPARTMENT OF TRANSPORTATION submitting comments. identified and located as set forth above FOR FURTHER INFORMATION CONTACT: will be placed in the agency’s public Maritime Administration Caroline Smith ((202) 514–3642). docket file, but not posted online. If you 46 CFR Parts 381 and 382 SUPPLEMENTARY INFORMATION: wish to inspect the agency’s public docket file in person by appointment, [Docket No. MARAD 2011–0121] Posting of Public Comments please see the paragraph above entitled Please note that all comments FOR FURTHER INFORMATION CONTACT. Retrospective Review Under E.O. received are considered part of the Discussion 13563: Cargo Preference public record and made available for public inspection online at http:// On March 21, 2011, the Department of AGENCY: Maritime Administration, www.regulations.gov. Such information Justice published a proposed rule Department of Transportation. includes personal identifying revising its existing regulations under ACTION: Notice of public meeting. information (such as your name and the FOIA. (See 76 FR 15236.) The rule address) voluntarily submitted by the proposed to amend the Department’s SUMMARY: The Department of commenter. regulations under the Freedom of Transportation (Department or DOT) has You are not required to submit Information Act (FOIA). The regulations been engaged for several years in an personal identifying information in will be revised to update and streamline interagency discussion of its existing order to comment on this rule. the language of several procedural Cargo Preference regulations. In Nevertheless, if you want to submit provisions, and to incorporate certain of accordance with Executive Order 13563, personal identifying information (such the changes brought about by the ‘‘Improving Regulation and Regulatory as your name and address) as part of amendments to the FOIA under the Review,’’ the Maritime Administration your comment, but do not want it to be OPEN Government Act of 2007. (MarAd) is evaluating the rules’ posted online, you must include the Additionally, the regulations will be continued validity and whether they phrase ‘‘PERSONAL IDENTIFYING updated to reflect developments in the effectively address current issues. As INFORMATION’’ in the first paragraph case law and to include current cost part of this review, MarAd invites the of your comment. You also must locate figures to be used in calculating and public to participate in a comment all the personal identifying information charging fees. process designed to help it provide for you do not want posted online in the The Department received a number of a more easily administered system of first paragraph of your comment and comments while the comment period on regulations to benefit shippers and identify what information you want the proposed rule was open, but has shipper agencies in meeting cargo redacted. decided to reopen the comment period preference requirements pursuant to the If you want to submit confidential in order to ensure that it receives, Merchant Marine Act, 1936, as amended business information as part of your reviews, and considers as wide a range (the Act) and Maritime Administration comment but do not want it to be posted of comments as possible. Accordingly, implementing regulations. online, you must include the phrase the Department is reopening the DATES: The public meeting will be held ‘‘CONFIDENTIAL BUSINESS comment period and will accept from 1 to 4 p.m. on October 3, 2011. INFORMATION’’ in the first paragraph comments for an additional 30 days Other important dates:

Deadline to register to attend the public meeting in person [See also Registration] ...... September 23, 2011. Deadline to register to speak in person, speak by calling in, or to listen only by phone [See also Registration] ...... September 23, 2011. Agenda released on regs.dot.gov and MarAd Web site ...... September 28, 2011. Call-in and Listen-only info distributed to registrants ...... September 28, 2011. Deadline to submit any digital presentation materials ...... September 28, 2011. Public Meeting ...... October 3, 2011— 1 p.m.–4 p.m.

ADDRESSES: The public meeting will be FOR FURTHER INFORMATION CONTACT: Background held in the DOT Conference Center Christine S. Gurland, Assistant Chief On January 18, 2011, President rooms 8–10, located on the ground floor Counsel for Legislation and Regulations, Obama issued Executive Order 13563, of 1200 New Jersey Avenue, SE., Office of the Chief Counsel, Mar 225, which outlined a plan to improve Washington, DC 20590. The conference Maritime Administration, 1200 New regulation and regulatory review (76 FR rooms will be open at noon to Jersey Avenue, Washington, DC 20590; 3821, 1/21/11). Executive Order 13563 accommodate early arrivals. Overflow (202) 366–5157; e-mail: reaffirms and builds upon governing seating will be available in the adjacent [email protected]. principles of contemporary regulatory conference room 6. review, including Executive Order SUPPLEMENTARY INFORMATION: 12866, ‘‘Regulatory Planning and

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS 57942 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules

Review,’’ (58 FR 51735, 10/4/1993), by person or by telephone, please estimate 8. Due to space limitations no outside requiring Federal agencies to design the amount of time that you would like videotaping will be allowed. cost-effective, evidence-based to use for your presentation; final times 9. DOT/MarAd is not able to offer regulations that are compatible with will be allotted to participants based on visitor parking; we suggest that economic growth, job creation, and the time available and the issues raised. attendees consider using alternative competitiveness. The President’s plan 3. Those who wish to speak during means of transportation to the building. recognizes that these principles should the meeting are requested to advise, at DOT Headquarters/MarAd is served by not only guide the Federal government’s the time of registration, what topic or Metrorail (Navy Yard station), Metrobus, approach to new regulations, but to topics they would like to comment on; DC Circulator, and taxi service. There existing ones as well. To that end, amplifying information will be welcome are a number of private parking lots near Executive Order 13563 requires agencies but is not required. For example, the DOT building, but MarAd cannot to review existing significant rules to comments may focus on, but are not guarantee the availability of parking determine if they are outmoded, limited to, the following topics: spaces. ineffective, insufficient, or excessively Implementation of the National export 10. For information on facilities or burdensome. policy; Transparency of program services for persons with disabilities, or Accordingly, the Maritime transactions; Ease and flexibility of use; to request special assistance at the Administration is soliciting public Market competition; Government cost meeting, contact Thelma Goldring, comment concerning amendment of its control; Stability of the investment Office Manager, Office of the Chief cargo preference regulations governing environment; Enhancement of the Counsel, Mar 220, Maritime the carriage of imports and exports, Nation’s sealift capability; and Program Administration, 1200 New Jersey other than those shipped by the enforcement mechanisms. Avenue, SE., Washington, DC 20590; Department of Defense. MarAd is 4. Any digital presentation materials (202) 366–5186; considering updating and clarifying its for the meeting should be submitted to [email protected] as soon as regulations at 46 CFR parts 381 and 382, Thelma Goldring no later than possible. and establishing procedures to ensure September 28, 2011. [See Registration 11. We will post the public meeting compliance with the cargo preference section for contact information.] agenda to the docket at http:// statutes and regulations in a new part 5. We hope to be able to accommodate regs.dot.gov and on our Web site at 383. Part 381 implements the everyone who would like to speak at the http://www.marad.dot.gov by requirements of Section 901 of the meeting, but if there are more interested September 28, 2011. Merchant Marine Act, 1936, as amended participants than time available, we will 12. MarAd’s Chief Counsel will (46 U.S.C. sections 55304 through limit participants in order of date and preside over the public meeting. Senior 55317) (the Act). The Act requires that time of registration. If available, time MarAd officials will also attend this a specified percentage of ocean-going will be allotted to those attending the meeting as part of a panel with the Chief cargo generated by Government meeting in person to speak, even if they Counsel to receive comments from the programs be transported in U.S.-flag, had not previously registered to speak. public. During the meeting, we may ask privately owned, commercial vessels. For those who wish to make comments, questions that will clarify statements or The Act also authorizes the Maritime but for whom there is not time available gather more information or data to help Administration to issue regulations or who do not wish to speak, it will be us understand the issues raised by governing the administration of these possible to post comments to the public commenters. cargo preference requirements. MarAd docket. [See also Maritime 13. The meeting is designed to solicit is considering amending existing Administration Docket section.] public views and gather additional regulations in order to provide for a 6. In-person attendees are encouraged information for our regulatory review. more easily administered system of to arrive at least 30 minutes prior to the Therefore, the meeting will be regulations to benefit shippers and meeting for processing through building conducted in an informal and non- shipper agencies in meeting statutory security. All in-person attendees must adversarial manner. requirements. enter through the New Jersey Avenue 14. A transcript of the public meeting As Executive Order 13563 reaffirms, entrance (West Building—at the corner will be available via our Web site at the regulatory process must be of New Jersey Avenue and M Street, SE). http://www.marad.dot.gov and posted to transparent and provide opportunities Anyone exiting the building for any the docket at http://regs.dot.gov. reason will be required to re-enter for public participation. MarAd Registration particularly believes that the review of through the security checkpoint at the its cargo preference regulations will be New Jersey Avenue entrance. All in-person attendees, whether or more meaningful if it involves input 7. Due to security requirements, all in- not they are planning to provide their from those affected by those regulations. person attendees must bring a views to the panel, must register with Government issued form of Thelma Goldring, Office Manager, Public Meeting Procedures identification (e.g. driver’s license) to Office of the Chief Counsel, Mar 220, 1. The public meeting will be ensure access to the building. In-person Maritime Administration, 1200 New broadcast live via Web streaming and a attendees who have Federal government Jersey Avenue, SE., Washington, DC listen-only telephone line. The public identification are required to register to 20590; (202) 366–5186; may access the live Web streaming by a attend due to space constraints. [email protected] no later than link from http://www.marad.dot.gov. Government issued photo identification September 23, 2011. Any person Listen-only telephone line participants is required and Foreign National in- wishing to present an oral statement via must register in order to obtain the person attendees must bring their telephone, or any person who would telephone number. passports with them. To facilitate like to listen to the meeting over a 2. Members of the public are invited security screening, all in-person listen-only telephone line must also to make comments in person at the attendees are encouraged to limit bags register with Thelma Goldring by venue, through a call-in number, or by and other items (e.g. mobile phones, September 23, 2011. Call-in and listen- entry in the Maritime Administration laptops, cameras, etc.) they bring into only telephone numbers will be docket. When registering to speak in the building. distributed to registered participants on

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules 57943

September 28, 2011. Foreign National Dated: September 14, 2011. Proposed Rules link to locate this registrants must provide full name, title, Julie Agarwal, document. You may submit a comment country of citizenship, date of birth, Secretary, Maritime Administration. by clicking on ‘‘Submit a Comment.’’ passport number, and passport [FR Doc. 2011–23983 Filed 9–16–11; 8:45 am] By hard copy: Submit by U.S. mail or expiration date when registering. BILLING CODE 4910–81–P hand-delivery to: Public Comments Because seating space is limited, we Processing, Attn: FWS–R3–ES–2011– may have to limit the number of 0029, Division of Policy and Directives Management, U.S. Fish and Wildlife attendees in order of date and time of DEPARTMENT OF THE INTERIOR registration. Service, 4401 N. Fairfax Drive, MS Fish and Wildlife Service 2042–PDM, Arlington, VA 22203. Maritime Administration Docket We will post all comments on http://www.regulations.gov. This In order to provide the public with 50 CFR Part 17 generally means that we will post any alternative means of providing feedback [Docket No. FWS–R3–ES–2011–0029; personal information you provide us to MarAd in ways that may better suit 92220–1113–000; ABC Code: C6] (see the Public Comments Solicited their needs, we have provided a docket section below for more information). at http://regs.dot.gov to allow for RIN 1018–AX57 submissions to MarAd in a less formal FOR FURTHER INFORMATION CONTACT: manner. The MarAd Docket provides Endangered and Threatened Wildlife Laura Ragan, 612–713–5350. Direct all members of the public who do not wish and Plants; Revising the List of questions or requests for additional to make a presentation, cannot make a Endangered and Threatened Wildlife information to: Gray Wolf Questions, presentation, or who wish to add other for the Gray Wolf (Canis lupus) in the U.S. Fish and Wildlife Service, comments, an opportunity to submit Eastern United States Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, MN their ideas about our Cargo Preference AGENCY: Fish and Wildlife Service, 55437–1458. Additional information is regulatory review. Interior. also available on our Web site at To ensure that comments are most ACTION: Proposed rule; supplementary http://www.fws.gov/midwest/wolf. useful in informing our deliberation and materials. Individuals who are hearing-impaired or decision process, you should include speech-impaired may call the Federal the docket number (MARAD 2001– SUMMARY: On May 5, 2011, we, the U.S. Relay Service at 1–800–877–8337 for 0121), the citation to the regulation on Fish and Wildlife Service, published a TTY assistance. which you are commenting (e.g., 46 CFR proposed rule to reevaluate the listing of 381.5), a description of any concerns the Minnesota population of gray SUPPLEMENTARY INFORMATION: regarding the regulation, and any wolves (Canis lupus) under the Background supporting information that would Endangered Species Act of 1973, as assist MarAd in making a decision. To amended, and revise the listing to In the August 26, 2011, Federal go directly to the Web site use the conform to current statutory and policy Register (76 FR 53379), we announced following link: http://regs.dot.gov. requirements. On August 26, 2011, we the reopening of the comment period for announced the reopening of the our May 5, 2011, proposed rule (76 FR Follow-Up Action by MarAd comment period for our May 5, 2011, 26086) to provide for public review and comment of additional information Comments received during our review proposed rule to provide for public review and comment of additional regarding our recognition of the eastern will provide meaningful and significant wolf, Canis lycaon, as a separate information for senior MarAd officials information regarding our recognition of C. lycaon as a separate species. We are species, including, in particular, a assessing the cargo preference manuscript prepared by Service regulatory process. The recorded publishing this notice to inform the public that supplementary materials are employees that is currently undergoing webcast video will remain available review for publication (Chambers et al., following the meeting via a link from electronically available at http:// www.regulations.gov. in prep.). In recognition of intellectual our Web site at http:// property right laws, the manuscript www.marad.dot.gov. DATES: The comment period closes on made available on August 26 provided Privacy Act Statement close of business September 26, 2011. readers with references to the sources of Any comments that we receive after the nine copyrighted figures, but did not Anyone is able to search all comments closing date may not be considered in include the figures themselves. We have entered into any of our dockets by the the final decision on this action. since obtained approval to include the name of the individual submitting the ADDRESSES: nine copyrighted figures in the comment (or signing the comment, if Document availability: See manuscript made available for public submitted on behalf of an association, SUPPLEMENTARY INFORMATION for review. On September 7, 2011, we business, labor union, etc.). You may information on how to access the posted the manuscript with the nine review DOT’s complete Privacy Act supplementary materials. copyrighted figures at http:// Statement in the Federal Register Comment submission: You may www.regulations.gov at Docket No. published on April 11, 2000 (65 FR submit comments by one of the FWS–R3–ES–2011–0029 to replace the 19476, 04/11/2011) or at http:// following methods: version made available on August 26. www.dot.gov/privacy.html. Electronically: Go to the Federal Public Comments Solicited Authority: 5 U.S.C. 610; E.O., 13563, 76 eRulemaking Portal: http:// FR 3821, Jan. 21, 2011; E.O. 12866, 58 FR www.regulations.gov. In the Enter We intend that any final action 51735, Oct. 4, 1993. Keyword or ID box, enter FWS–R3–ES– resulting from this proposal will be as Issued on September 16, 2011 in 2011–0029, which is the docket number accurate and as effective as possible. Washington, DC. for this rulemaking. Then, in the Search Therefore, we hereby request data, By Order of the Maritime Administrator panel at the top of the screen, under the comments, new information, or Maritime Subsidy Board. Document Type heading, click on the suggestions from the public, other

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS 57944 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules

concerned governmental agencies, the Dated: September 12, 2011. • East Setauket, NY. scientific community, Tribes, industry, Daniel M. Ashe, • Toms River, NJ. • or any other interested party concerning Director, U.S. Fish and Wildlife Service. Gloucester, MA. • Narragansett, RI. this proposed rule. We particularly seek [FR Doc. 2011–23911 Filed 9–16–11; 8:45 am] For specific locations, see comments concerning: BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION. You may (1) The taxonomic classification of also submit comments on this wolves in the midwestern and document, identified by NOAA–NMFS– northeastern United States as described DEPARTMENT OF COMMERCE 2011–0206, by any of the following in a Service manuscript prepared by National Oceanic and Atmospheric methods: Chambers et al., in particular the Administration recognition of the eastern wolf (Canis • Electronic Submission: Submit all lycaon) as a full species. electronic public comments via the 50 CFR Part 648 Federal e-Rulemaking Portal http:// (2) Any other relevant information www.regulations.gov. To submit regarding wolves in eastern North [Docket No. 110816505–1506–01] comments via the e-Rulemaking Portal, America. RIN 0648–BB39 first click the ‘‘Submit a Comment’’ You may submit your comments and Fisheries of the Northeastern United icon, then enter NOAA–NMFS–2011– materials concerning this proposed rule States; Northeast Multispecies 0206 in the keyword search. Locate the by one of the methods listed in Fisheries, Small-Mesh Multispecies document you wish to comment on ADDRESSES. We request that you send Secretarial Amendment from the resulting list and click on the comments only by the methods ‘‘Submit a Comment’’ icon on the right described in ADDRESSES. Comments AGENCY: National Marine Fisheries of that line. must be submitted to http:// Service (NMFS), National Oceanic and • Mail: Submit written comments to www.regulations.gov before midnight Atmospheric Administration (NOAA), Patricia A. Kurkul, Regional (Eastern Daylight Time) on the date Commerce. Administrator, NMFS, Northeast specified in DATES. All comments that ACTION: Advance notice of proposed Regional Office, 55 Great Republic were submitted during the earlier public rulemaking; request for comments; Drive, Gloucester, MA 01930. Mark the comment period will be included as notice of public meetings. outside of the envelope, ‘‘Comments on part of the administrative record for this Whiting Secretarial.’’ action and need not be resubmitted. SUMMARY: NMFS is requesting public • Fax: 978–281–9135; Attn: Moira comments on its initiation of a Kelly. We will post your entire comment— Secretarial Amendment to implement Instructions: Comments must be including your personal identifying annual catch limits (ACLs) and submitted by one of the above methods information—on http:// measures to ensure accountability to ensure that the comments are www.regulations.gov. If you provide (AMs) in the small-mesh multispecies received, documented, and considered personal identifying information, such fishery. NMFS is initiating the by NMFS. Comments sent by any other as your street address, phone number, or Secretarial Amendment because the method, to any other address or e-mail address, you may request at the New England Fishery Management individual, or received after the end of top of your document that we withhold Council (Council) is not able to develop the comment period, may not be this information from public review. and submit Amendment 19 to establish considered. All comments received are However, we cannot guarantee that we ACLs and AMs for the small-mesh a part of the public record and will will be able to do so. multispecies fishery as required by the generally be posted for public viewing Comments and materials we receive, Magnuson-Stevens Fishery on http://www.regulations.gov without as well as supporting documentation we Conservation and Management Act change. All personal identifying used in preparing this proposed rule (Magnuson-Stevens Act), until well past information (e.g., name, address, etc.) including the Chambers et al. the statutory deadline of 2011. As submitted voluntarily by the sender will manuscript (in prep), will be available required by the Magnuson-Stevens Act, be publicly accessible. Do not submit for public inspection on http:// NMFS is announcing four public confidential business information, or www.regulations.gov at Docket No. meetings to allow interested parties the otherwise sensitive or protected FWS–R3–ES–2011–0029; on the opportunity to provide input on the information. NMFS will accept Service’s Internet site at http:// action. anonymous comments (enter ‘‘N/A’’ in www.fws.gov/midwest/wolf/; or by DATES: Written comments regarding the the required fields if you wish to remain appointment, during normal business issues in this advance notice of anonymous). Attachments to electronic hours at the following Ecological proposed rulemaking (ANPR) must be comments will be accepted in Microsoft Services offices: received by 5 p.m. local time, on Word or Excel, WordPerfect, or Adobe PDF file formats only. • Twin Cities, Minnesota Ecological October 19, 2011. Meetings to obtain Services Field Office, 4101 American Blvd. additional comments on the items FOR FURTHER INFORMATION CONTACT: E., Bloomington, MN; 612–725–3548. discussed in this ANPR will be held on: Moira Kelly, Fishery Policy Analyst, • Green Bay, Wisconsin Ecological • Monday, October 3, 2011 from (978) 281–9218, [email protected]. Services Field Office, 2661 Scott Tower Dr., 4 p.m. to 7 p.m. SUPPLEMENTARY INFORMATION: Under the New Franken, WI; 920–866–1717. • Tuesday, October 4, 2011 from Magnuson-Stevens Act at § 304(c)(1)(A), • East Lansing, Michigan Ecological 4 p.m. to 7 p.m. the Secretary of Commerce may develop Services Field Office, 2651 Coolidge Road, • Tuesday, October 11, 2011 from an amendment for a council-managed Suite 101, East Lansing, MI; 517–351–2555. 4 p.m. to 7 p.m. fishery, if the responsible council ‘‘fails • • New England Ecological Services Field Wednesday, October 12, 2011 from to develop and submit to the Secretary, Office, U.S. Fish and Wildlife Service, 70 4 p.m. to 7 p.m. after a reasonable period of time, a Commercial St., Suite 300, Concord, NH; ADDRESSES: The meetings will be held [* * *] necessary amendment * * *’’ 603–223–2541. in: The Magnuson-Stevens Act requires all

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules 57945

managed fisheries to have ACLs and date will be considered in drafting the to land proportionally the same amount AMs by 2011. The Council is proposed rule. of the overall catch limit as it has in developing, but has not yet completed, • Monday, October 3, 2011, from recent years. The AP recommended Amendment 19 to the Northeast 4 p.m. to 7 p.m., at the New York using fishing years 2004–2010 to Multispecies Fishery Management Plan, Department of Environmental determine the appropriate proportions. which would establish ACLs and AMs Conservation Marine Resources 3. TALs subdivided equally by for the small-mesh multispecies fishery, Headquarters, 205 Belle Mead Road, exemption area: The ACLs, ACTs, and and does not anticipate Amendment 19 Suite 1, East Setauket, NY. TALs would be set as in Option 2, but • to be submitted to NMFS until May Tuesday, October 4, 2011, from the northern area TALs would be further 2012, which means it will not be 4 p.m. to 7 p.m., at the Ocean County subdivided by equally across the three effective until October 2012. The small- Administration Building, Room 119, areas. 101 Hooper Avenue, Toms River, NJ. 4. AMs: NMFS is considering a mesh multispecies fishery consists of • silver hake, red hake, and offshore hake, Tuesday, October 11, 2011, from combination of ‘‘proactive’’ and often collectively known as ‘‘whiting.’’ 4 p.m. to 7 p.m., at the Northeast ‘‘reactive’’ accountability measures. The There are two stocks each of silver and Regional Office, 55 Great Republic proactive AMs would be the use of Drive, Gloucester, MA. ACTs and in-season closure authority red hake (northern and southern) and • one stock of offshore hake. Wednesday, October 12, 2011, from when a TAL is projected to be reached. 4 p.m. to 7 p.m., at Narragansett Town The Council has not completed The reactive AM would be ACL and Hall, 25 Fifth Avenue, Narragansett, RI. Amendment 19 for a number of reasons, TAL specific pound-for-pound pay back including postponing work on the Issues Under Consideration of any overage above the catch limit or amendment until after the November target. Based on information from prior 5. NMFS is suggesting that no other 2010 stock assessment review for the Whiting Advisory Panel and Oversight management measures be introduced or three small-mesh species. However, the Committee meetings, NMFS is modified through the Secretarial Council is expected to set the acceptable considering several options for the Amendment, in order to keep the biological catch (ABC) limits based on Secretarial Amendment. NMFS will measures as simple as possible while recommendations from its Scientific seek public comment on the scope of meeting the action’s objectives. and Statistical Committee (SSC), at its this ANPR and requests public input on September 2011 meeting. The SSC has the following options. For each option, Special Accommodations recommended separate ABCs by stock NMFS will propose setting an ACL for The public meeting will be accessible or stock group: Northern red hake, the same four stocks or stock groups as to people with physical disabilities. southern red hake, northern silver hake, the SSC’s recommendations. Annual Request for sign language interpretation and a combined southern ‘‘whiting’’ catch targets (ACTs) would be used to or other auxiliary aids should be ABC for the southern stock of silver account for management uncertainty, directed to Debra Lambert (301–713– hake and offshore hake. The Whiting and would be set at a proportion of the 2341), at least 7 days prior to the Advisory Panel (AP) and the Oversight ACL (75 percent, for example). Discards meeting. Committee will be recommending would be deducted from the ACT to Authority: 16 U.S.C. 1801 et seq. management alternatives at the establish the total allowable landings Council’s September meeting as well. (TAL). The differences among the Dated: September 13, 2011. NMFS intends to use the Council’s ABC options would be the allocation of the Samuel D. Rauch, III, and a subset of the Advisory Panel and TALs. Deputy Assistant Administrator for Committee’s recommendations in the 1. ACLs, ACTs, TALs by stock: This Regulatory Programs, National Marine Secretarial Amendment. option would establish ACLs, ACTs, Fisheries Service. After the public hearings are and TALs for each of the four stocks or [FR Doc. 2011–24013 Filed 9–16–11; 8:45 am] completed, NMFS will make a decision stock grouping for which the Council’s BILLING CODE 3510–22–P regarding the management measures to SSC set an ABC. The Whiting AP include in the Secretarial Amendment recently recommended this approach for and will publish a proposed rule and a the southern TALs (southern red hake DEPARTMENT OF COMMERCE notice of availability for the and the southern combined whiting National Oceanic and Atmospheric amendment. After the 60-day proposed TAL), but not for the northern TALs Administration rule/notice of availability comment (northern red hake and northern silver period, NMFS will publish a final rule. hake). 50 CFR Part 660 The final rule will remain in effect until 2. Northern TALs subdivided by area the Council’s Amendment 19, if according to historic landings RIN 0648–BA55 approved, is implemented. proportion: The Whiting AP suggested this approach at a recent meeting. The Fisheries Off West Coast States; West Public Comments ACLs, ACTs, and TALs would be set as Coast Salmon Fisheries; Notice of To help determine the scope of issues in Option 1, but the northern area TALs Availability for Amendment 16 to the to be addressed and to identify would be further subdivided into three Salmon Fishery Management Plan significant issues related to this action, TALs: Cultivator Shoal Exemption Area AGENCY: National Marine Fisheries NMFS is soliciting written comments on TAL, Other Exemption Areas TAL, and Service (NMFS), National Oceanic and this ANPR and will hold public an incidental TAL. The ‘‘Other Atmospheric Administration (NOAA), meetings in four locations. All of the Exemption Areas’’ would consist of the Commerce. public meetings will take place from Gulf of Maine Grate Raised Footrope ACTION: Availability of amendment to a 4 p.m. to 7 p.m., at the locations listed Trawl Area, Small Mesh Areas I and II, fishery management plan; request for below. The public is encouraged to and the Raised Footrope Trawl Areas comments. submit comments related to the specific near Cape Cod. The allocation would be ideas mentioned in this ANPR. All made by historic landing proportion so SUMMARY: NMFS announces that the written comments received by the due that each area is given the opportunity Pacific Fishery Management Council

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS 57946 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Proposed Rules

(Council) has submitted Amendment 16 generally be posted for public viewing other provisions regarding preventing to the Pacific Coast Salmon Fishery on http://www.regulations.gov without and ending overfishing and rebuilding Management Plan (FMP) for Secretarial change. All personal identifying fisheries. To comply with the statute review. Amendment 16 would modify information (e.g., name, address, etc.) and these new guidelines, Amendment the FMP to implement National submitted voluntarily by the sender will 16 to the Salmon FMP would reorganize Standard 1 Guidelines (NS1Gs) adopted be publicly accessible. Do not submit and classify stocks in the FMP to by NMFS under the Magnuson-Stevens confidential business information or conform with requirements of the Fishery Conservation and Management otherwise sensitive or protected NS1Gs, to establish status determination Reauthorization Act (MSRA). These information. NMFS will accept criteria, establish a framework for guidelines are intended to prevent and anonymous comments (enter N/A in the defining reference points related to end overfishing and rebuild fisheries required fields if you wish to remain overfishing limits (OFL), acceptable through implementation of status anonymous). Attachments to electronic biological catch (ABC), and annual determination criteria, overfishing comments will be accepted in Microsoft catch limits (ACLs), and establish limits, annual catch limits, and Word, Excel, WordPerfect, or Adobe appropriate accountability measures accountability measures. Amendment PDF file formats only. (AM) necessary to prevent the ACLs 16 would also set new conservation Electronic copies of the amendment from being exceeded, and to mitigate objectives and de minimis fishing rate may be obtained from the Council Web provisions. site at http://pcouncil.org. any overages that may occur. Amendment 16 would also set new FOR FURTHER INFORMATION CONTACT: DATES: Comments on Amendment 16 conservation objectives for Klamath must be received on or before November Peggy Busby at 206–526–4323, or Heidi Taylor at 562–980–4039. River fall Chinook salmon and 18, 2011. Sacramento River fall Chinook salmon, SUPPLEMENTARY INFORMATION: The ocean ADDRESSES: You may submit comments, and would specify de minimis fishing identified by NOAA–NMFS–2011–0227, salmon fisheries in the exclusive economic zone off Washington, Oregon, rate provisions to address management by any one of the following methods: in years of low abundance. Other • Electronic Submissions: Submit all and California are managed under a ‘‘framework’’ fishery management plan conservation objectives would also be electronic public comments via the revised and updated as needed to Federal e-Rulemaking Portal http:// entitled the Pacific Coast Salmon conform with the best available science. www.regulations.gov. To submit Fishery Management Plan (FMP). The comments via the e-Rulemaking Portal, Magnuson-Stevens Fishery NMFS welcomes comments on the first click the ‘‘Submit a Comment’’ Conservation and Management proposed FMP amendment through the icon, then enter NOAA–NMFS–2011– Reauthorization Act of 2006 (MSRA) end of the comment period. A proposed 0227 in the keyword search. Locate the requires that each regional fishery rule to implement Amendment 16 has document you wish to comment on management council submit any FMP or been submitted for Secretarial review from the resulting list and click on the plan amendment it prepares to NMFS and approval. NMFS expects to publish ‘‘Submit a Comment’’ icon on the right for review and approval, disapproval, or and request public review and comment of that line. partial approval. The MSRA also on proposed regulations to implement • Mail: William W. Stelle, Jr., requires that NMFS, upon receiving an Amendment 16 in the near future. Regional Administrator, Northwest FMP or amendment, immediately Public comments on the proposed rule Region, NMFS, 7600 Sand Point Way, publish a notice that the FMP or must be received by the end of the NE., Seattle, WA 98115–0070 or to Rod amendment is available for public comment period on the amendment to McInnis, Regional Administrator, review and comment. NMFS will be considered in the approval/ Southwest Region, NMFS, 501 West consider the public comments received disapproval decision on the Ocean Boulevard, Suite 4200, Long during the comment period described amendment. All comments received by above in determining whether to Beach, CA 90802–4213. the end of the comment period for the • approve Amendment 16 to the FMP. Fax: 206–526–6736 Attn: Peggy amendment, whether specifically Busby, or 562–980–4047 Attn: Heidi On January 16, 2009 (74 FR 3178), directed to the amendment or the Taylor. NMFS adopted revisions to its Instructions: Comments must be guidelines implementing MSRA proposed rule, will be considered in the submitted by one of the above methods National Standard 1 (NS1Gs) to prevent approval/disapproval decision. to ensure that the comments are and end overfishing and rebuild Authority: 16 U.S.C. 1801 et seq. fisheries. In particular, the revised received, documented, and considered Dated: September 14, 2011. by NMFS. Comments sent by any other guidelines provide guidance on method, to any other address or implementation of the new statutory Steven Thur, individual, or received after the end of requirement for annual catch limits Acting Director, Office of Sustainable the comment period, may not be (ACLs). The revised guidelines also Fisheries, National Marine Fisheries Service. considered. All comments received are include new requirements for [FR Doc. 2011–23988 Filed 9–16–11; 8:45 am] a part of the public record and will accountability measures (AMs) and BILLING CODE 3510–22–P

VerDate Mar<15>2010 13:22 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSKG8SOYB1PROD with PROPOSALS 57947

Notices Federal Register Vol. 76, No. 181

Monday, September 19, 2011

This section of the FEDERAL REGISTER by the Office of Personnel Management, Wade Green, Jr.—Counsel to the contains documents other than rules or each agency is required to establish one Inspector General. proposed rules that are applicable to the or more Senior Executive Service (SES) Scott Dahl—Deputy Inspector General. public. Notices of hearings and investigations, performance review boards. The Allen Crawley—Assistant Inspector committee meetings, agency decisions and purpose of these boards is to review and General for Systems Acquisition and rulings, delegations of authority, filing of IT Security. petitions and applications and agency evaluate the initial appraisal of a senior statements of organization and functions are executive’s performance by the Ronald C. Prevost—Assistant Inspector examples of documents appearing in this supervisor, along with any General for Economic and Statistical section. recommendations to the appointing Program Assessment. authority relative to the performance of Department of Defense the senior executive. The current COUNCIL OF THE INSPECTORS members of the Council of the Phone Number: (703) 604–8324. GENERAL ON INTEGRITY AND Inspectors General on Integrity and CIGIE Liaison—John R. Crane (703) EFFICIENCY Efficiency Performance Review Board, 604–8324. as of October 1, 2011, are as follows: Michael S. Child—Chief of Staff. Senior Executive Service Performance James B. Burch—Deputy Inspector Review Board Membership Agency for International Development General for Investigations. Phone Number: (202) 712–1150. Patricia A. Brannin—Deputy Inspector AGENCY: Council of the Inspectors CIGIE Liaison—Thereasa L. Lyles (202) General for Intelligence and Special General on Integrity and Efficiency. 712–1393. Program Assessments. ACTION: Notice. Michael G. Carroll—Deputy Inspector James R. Ives—Assistant Inspector General for Investigative Operations. SUMMARY: This notice sets forth the General. names and titles of the current Joseph Farinella (SFS)—Assistant John R. Crane—Assistant Inspector membership of the Council of the Inspector General for Audit. General for Communications and Inspectors General on Integrity and Melinda Dempsey—Deputy Assistant Congressional Liaison. Efficiency (CIGIE) Performance Review Inspector General for Audit. Department of Education Board as of October 1, 2011. Howard I. Hendershot—Assistant Inspector General for Investigations. Phone Number: (202) 245–6900. DATES: Effective Date: October 1, 2011. Alvin A. Brown—Assistant Inspector CIGIE Liaison—Teri Clark (202) 245– FOR FURTHER INFORMATION CONTACT: General, Millennium Challenge 6340. Individual Offices of Inspectors General Corporation. Mary Mitchelson—Deputy Inspector at the telephone numbers listed below. Lisa Goldfluss—Legal Counsel. General. SUPPLEMENTARY INFORMATION: Wanda Scott—Assistant Inspector Department of Agriculture General for Evaluations, Inspections I. Background Phone Number: (202) 720–8001. and Management Services. The Inspector General Act of 1978, as CIGIE Liaison—Dina J. Barbour (202) Keith West—Assistant Inspector General amended, created the Offices of 720–8001. for Audit. Inspectors General as independent and David R. Gray—Deputy Inspector Patrick Howard—Deputy Assistant objective units to conduct and supervise General. Inspector General for Audit. audits and investigations relating to Christy A. Slamowitz—Counsel to the William Hamel—Assistant Inspector Federal programs and operations. The Inspector General. General for Investigations. Inspector General Reform Act of 2008, Robert W. Young—Special Assistant to Lester Fernandez—Deputy Assistant established the Council of the Inspectors the Inspector General for the Recovery Inspector General for Investigations. General on Integrity and Efficiency Act. Charles Coe—Assistant Inspector (CIGIE) to address integrity, economy, Gilroy Harden—Assistant Inspector General for Information Technology and effectiveness issues that transcend General for Audit. Audits and Computer Crime individual Government agencies; and Rodney G. DeSmet—Deputy Assistant Investigations. increase the professionalism and Inspector General for Audit. Marta Erceg—Counsel to the Inspector effectiveness of personnel by developing Tracy A. LaPoint—Deputy Assistant General. policies, standards, and approaches to Inspector General for Audit. Department of Energy aid in the establishment of a well- Steven H. Rickrode, Jr.—Deputy trained and highly skilled workforce in Assistant Inspector General for Audit. Phone Number: (202) 586–4393. the Offices of Inspectors General. The Karen L. Ellis—Assistant Inspector CIGIE Liaison—Juston Fontaine (202) CIGIE is an interagency council whose General for Investigations. 586–1959. executive chair is the Deputy Director Kathy C. Horsley—Deputy Assistant John Hartman—Deputy Inspector for Management, Office of Management Inspector General for Investigations. General for Investigations. and Budget, and is comprised Suzanne M. Murrin—Assistant Rickey Hass—Deputy Inspector General principally of the 73 Inspectors General Inspector General for Management. for Audits and Inspections. (IGs). Linda Snider—Deputy Inspector Department of Commerce General for Management and II. CIGIE Performance Review Board Phone Number: (202) 482–4661. Administration. Under 5 U.S.C. 4314(c)(1)–(5), and in CIGIE Liaison—Randall Popelka (202) George Collard—Assistant Inspector accordance with regulations prescribed 482–5422. General for Audits.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57948 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Sanford Parnes—Assistant Inspector Lester Davis—Deputy Assistant Howard L. Shapiro—Counsel to the General for Inspections. Inspector General for Investigations. Inspector General. Randy McGinnis—Assistant Inspector Richard Clark—Deputy Assistant Department of Health and Human General for Audit. Inspector General for Labor Services Brenda Patterson—Deputy Assistant Racketeering and Fraud Phone Number: (202) 619–3148. Inspector General for Audit. Investigations. CIGIE Liaison—Sheri Denkensohn (202) Helen Albert—Assistant Inspector Asa E. Cunningham—Assistant 205–9492 and Elise Stein (202) 619– General for Management and Policy. Inspector General for Inspections and 2686. Frank Rokosz—Deputy Assistant Special Investigations. Larry Goldberg—Principal Deputy Inspector General for Audit. Department of State and the Inspector General. Joanne Chiedi—Deputy Inspector Department of the Interior Broadcasting Board of Governors General for Management and Policy. Phone Number: (202) 208–5745. Phone Number: (202) 663–0361. Paul Johnson—Assistant Inspector CIGIE Liaison—Deborah Holmes (202) CIGIE Liaison—Michael Wolfson (703) General for Management and Policy 208–5745. 284–2710. (Chief Operating Officer). Stephen Hardgrove—Chief of Staff. Robert B. Peterson—Assistant Inspector Robert Owens, Jr.—Assistant Inspector Kimberly Elmore—Assistant Inspector General for Inspections. General for Information Technology General for Audits, Inspections and Evelyn R. Klemstine—Assistant (Chief Information Officer). Evaluations. Inspector General for Audits. Erich O. Hart—General Counsel. Gerald Roy—Deputy Inspector General John Dupuy—Assistant Inspector for Investigations. General for Investigations. Department of Transportation Gary Cantrell—Assistant Inspector Eddie Saffarinia—Assistant Inspector Phone Number: (202) 366–1959. General for Investigations. General for Information Technology. Jay Hodes—Assistant Inspector General CIGIE Liaison—Nathan P. Richmond Bruce Delaplaine—General Counsel. (202) 366–1959. for Investigations. Roderick Anderson—Assistant Inspector Stuart E. Wright—Deputy Inspector Calvin L. Scovel III—Inspector General. General for Management. Ann M. Calvaressi Barr—Deputy General for Evaluation and Robert Knox—Assistant Inspector Inspector General. Inspections. General for Recovery Oversight. Brian A. Dettelbach—Assistant Lewis Morris—Chief Counsel to the Inspector General for Legal, Department of Justice Inspector General. Legislative, and External Affairs. Greg Demske—Assistant Inspector Phone Number: (202) 514–3435. Susan L. Dailey—Assistant Inspector General for Legal Affairs. CIGIE Liaison—Jay Lerner (202) 514– General for Administration. Brian Ritchie—Assistant Inspector 3435. Timothy M. Barry—Principal Assistant General for Centers for Medicare & Cynthia Schnedar—Deputy Inspector Inspector General for Investigations. Medicaid Audits. General. Robert Westbrooks—Deputy Assistant Department of Homeland Security William M. Blier—General Counsel. Inspector General for Investigations. Raymond J. Beaudet—Assistant Lou E. Dixon—Principal Assistant Phone Number: (202) 254–4100. Inspector General for Audit. Inspector General for Auditing and CIGIE Liaison—Erica Paulson (202) Carol F. Ochoa—Assistant Inspector Evaluation. 254–0938. General for Oversight and Review. Jeffrey B. Guzzetti—Assistant Inspector Matthew A. Jadacki—Assistant Gregory T. Peters—Assistant Inspector for Aviation and Special Program Inspector General for Emergency General for Management and Audits. Management Oversight. Matthew E. Hampton—Deputy Assistant Richard N. Reback—Counsel to the Planning. Thomas F. McLaughlin—Assistant Inspector General for Aviation and Inspector General. Special Program Audits. Anne L. Richards—Assistant Inspector Inspector General for Investigations. Michael D. Gulledge—Assistant Louis King—Assistant Inspector General General for Audits. for Financial and Information Mark Bell—Deputy Assistant Inspector Inspector General for Evaluation and Inspections. Technology Audits. General for Audits. Joseph W. Come´—Assistant Inspector Caryn A. Marske—Deputy Assistant John E. McCoy II—Deputy Assistant General for Highway and Transit Inspector General for Audit. Inspector General for Audits. Audits. Carlton I. Mann—Assistant Inspector George L. Dorsett—Deputy Assistant Thomas Yatsco—Deputy Assistant General for Inspections. Inspector General for Investigations. Inspector General for Highway and Thomas M. Frost—Assistant Inspector Department of Labor Transit Audits. General for Investigations. Mitchell L. Behm—Assistant Inspector Phone Number: (202) 693–5100. James Gaughran—Deputy Assistant General for Rail, Maritime and CIGIE Liaison—Christopher Seagle (202) Inspector General for Investigations. Economic Analysis. Wayne H. Salzgaber—Deputy Assistant 693–5231. Mary Kay Langan-Feirson—Assistant Inspector General for Investigations. Daniel R. Petrole—Acting Inspector Inspector General for Acquisition and Frank Deffer—Assistant Inspector General. Procurement Audits. General for Information Technology. Nancy F. Ruiz de Gamboa—Assistant Inspector General for Management Department of the Treasury Department of Housing and Urban and Policy. Phone Number: (202) 622–1090. Development Thomas F. Farrell—Assistant Inspector CIGIE Liaison—Tricia Hollis (202) 927– Phone Number: (202) 708–0430. General for Labor Racketeering and 5835. CIGIE Liaison—Helen Albert (202) 708– Fraud Investigations. Richard K. Delmar—Counsel to the 0614, Ext. 8187. Elliot P. Lewis—Assistant Inspector Inspector General. John McCarty—Assistant Inspector General for Audit. Debra Ritt—Special Deputy IG for Small General for Inspections and Michael A. Raponi—Deputy Assistant Business Lending Fund Program Evaluations. Inspector General for Audit. Oversight.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57949

Tricia Hollis—Assistant Inspector Sondra McCauley—Deputy Assistant Frank LaRocca—Counsel to the General for Management. Inspector General for Audits and Inspector General. P. Brian Crane—Assistant Inspector Evaluations (HQs Management and Kevin Winters—Assistant Inspector General for Investigations. Inspections). General for Investigations. Marla A. Freedman—Assistant Inspector Richard Ehrlichman—Assistant James Morrison—Assistant Inspector General for Audit. Inspector General for Management General for Audits. Robert A. Taylor—Deputy Assistant and Administration. Alan Lamoreaux—Assistant Inspector Inspector General for Audit (Program Dana Moore—Deputy Assistant General for Management and Audits). Inspector General for Management Planning. Joel Grover—Deputy Assistant Inspector and Administration. National Archives and Records General for Audit (Financial John Daigh—Assistant Inspector General Administration Management Audits). for Healthcare Inspections. Patricia Christ—Deputy Assistant Phone Number: (301) 837–3000. Treasury Inspector General for Tax Inspector General for Healthcare CIGIE Liaison—John Simms (301) 837– Administration/Department of the Inspections. 1966. Treasury Paul Brachfeld—Inspector General. Environmental Protection Agency Phone Number: (202) 622–6500. National Endowment for the Arts CIGIE Liaison— Judith Grady (202) 622– Phone Number: (202) 566–0847. 6500. CIGIE Liaison—Aracely Nunez-Mattocks Phone Number: (202) 682–5774. Joseph Hungate, III—Principal Deputy (202) 566–2546. CIGIE Liaison—Tonie Jones (202) 682– Inspector General. Aracely Nunez-Mattocks—Chief of Staff 5402. Michael Phillips—Deputy Inspector to the Inspector General. Tonie Jones—Inspector General. General for Audit. J. Anthony Ogden—Counsel to the National Endowment for the Humanities Margaret Begg—Assistant Inspector Inspector General. General for Audit (Compliance and Eileen McMahon—Assistant Inspector Phone Number: (202) 606–8350. Enforcement Operations). General for Congressional, Public CIGIE Liaison—Laura M.H. Davis (202) Michael Delgado—Assistant Inspector Affairs and Management. 606–8574. Laura Davis—(Acting) Inspector General for Investigations. Melissa Heist—Assistant Inspector General. Alan Duncan—Assistant Inspector General for Audit. General for Audit (Security & Patrick Sullivan—Assistant Inspector National Credit Union Administration Information Technology Services). General for Investigations. Phone Number: (703) 518–6351. John Fowler—Deputy Assistant Wade Najjum—Assistant Inspector CIGIE Liaison—William DeSarno (703) Inspector General for Investigations. General for Program Evaluation. 518–6351. David Holmgren—Deputy Inspector Stephen Nesbitt—Assistant Inspector James Hagen—Deputy Inspector General for Inspections and General for Cyber Investigations and General. Evaluations. Homeland Security. Timothy Camus—Deputy Inspector Patricia Hill—Assistant Inspector National Science Foundation General for Investigations. General for Mission Systems. Phone Number: (703) 292–7100. Larry Koskinen—Associate Inspector Federal Trade Commission CIGIE Liaison—Susan Carnohan (703) General for Mission Support. 292–5011 & Maury Pully (703) 292– Mike McKenney—Assistant Inspector Phone Number: (202) 326–2800. 5059. General for Audit (Returns Processing CIGIE Liaison—Cynthia Hogue (202) Allison C. Lerner—Inspector General. and Account Services). 326–2800. Thomas (Tim) Cross—Deputy Inspector Nancy Nakamura—Assistant Inspector John Seeba—Inspector General. General. General for Audit (Headquarters General Services Administration Brett M. Baker—Assistant Inspector Operations and Exempt General for Audit. Organizations). Phone Number: (202) 501–0450. Peggy Fischer—Assistant Inspector CIGIE Liaison—Sarah S. Breen (202) General for Investigations. Department of Veterans Affairs 219–1351. Phone Number: (202) 461–4720. Robert C. Erickson—Deputy Inspector Peace Corps CIGIE Liaison—Joanne Moffett (202) General. Phone Number: (202) 692–2900. 461–4720. Richard P. Levi—Counsel to the CIGIE Liaison—Joaquin Ferrao (202) Richard Griffin—Deputy Inspector Inspector General. 692–2921. General. Theodore R. Stehney—Assistant Kathy Buller—Inspector General Maureen Regan—Counselor to the Inspector General for Auditing. (Foreign Service). Inspector General. Regina M. O’Brien—Deputy Assistant James O’Neill—Assistant Inspector Inspector General for Auditing. Nuclear Regulatory Commission General for Investigations. Geoffrey Cherrington—Assistant Phone Number: (301) 415–5930. Joseph Sullivan—Deputy Assistant Inspector General for Investigations. CIGIE Liaison—Deborah S. Huber (301) Inspector General for Investigations Lee Quintyne—Deputy Assistant 415–5930. (Field Operations). Inspector General for Investigations. David C. Lee—Deputy Inspector Joseph Vallowe—Deputy Assistant National Aeronautics and Space General. Inspector General for Investigations Stephen D. Dingbaum—Assistant Administration (HQs Operations). Inspector General for Audits. Belinda Finn—Assistant Inspector Phone Number: (202) 358–1220. Joseph A. McMillan—Assistant General for Audits and Evaluations. CIGIE Liaison—Renee Juhans (202) 358– Inspector General for Investigations. Linda Halliday—Deputy Assistant 1712. Inspector General for Audits and Gail Robinson—Deputy Inspector Office of Personnel Management Evaluations (Field Operations). General. Phone Number: (202) 606–1200.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57950 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

CIGIE Liaison—Joyce D. Price (202) Mia Levine—Chief of Staff. the record and are available for public 606–2156. inspection and copying. The public may United States Postal Service Norbert E. Vint—Deputy Inspector inspect comments received at Ashley General. Phone Number: (703) 248–2100. National Forest, 355 North Vernal Terri Fazio—Assistant Inspector General CIGIE Liaison—Agapi Doulaveris (703) Avenue, Vernal, UT. for Management. 248–2286. FOR FURTHER INFORMATION CONTACT: Michael R. Esser—Assistant Inspector Elizabeth Martin—General Counsel. Louis Haynes, RAC Coordinator, Ashley General for Audits. Gladis Griffith—Deputy General National Forest, (435) 781–5105; e-mail: Michelle B. Schmitz—Assistant Counsel. [email protected]. Inspector General for Investigations. Ron Stith—Assistant Inspector General, Individuals who use J. David Cope—Assistant Inspector Mission Support. telecommunication devices for the deaf General for Legal Affairs. David Sidransky—Chief Information (TDD) may call the Federal Information Jeffery E. Cole—Deputy Assistant Officer. Relay Service (FIRS) at 1–800–877–8339 Inspector General for Audits. Lance Carrington—Deputy Assistant between 8 a.m. and 8 p.m., Eastern Kimberly A. McKinley—Deputy Inspector General for Investigations— Standard Time, Monday through Friday. Assistant Inspector General for West. SUPPLEMENTARY INFORMATION: The Investigations. Mark Duda—Deputy Assistant Inspector business meeting is open to the public. General for Audits—Support Railroad Retirement Board The following business will be Operations. conducted: (1) Welcome and roll call; Phone Number: (312) 751–4690. Dated: September 8, 2011. (2) Approval of meeting minutes; (3) CIGIE Liaison—Jill Roellig (312) 751– Mark D. Jones, Review of approved projects; (4) review 4993. of next meeting purpose, location, and William Tebbe—Assistant Inspector Executive Director, Council of the Inspectors General on Integrity and Efficiency. date; (5) Receive public comment. General for Investigations. [FR Doc. 2011–23972 Filed 9–16–11; 8:45 am] Persons who wish to bring related Small Business Administration BILLING CODE 6820–C9–P matters to the attention of the Phone Number: (202) 205–6586. Committee may file written statements CIGIE Liaison—Robert F. Fisher (202) with the committee staff before or after 205–6583. DEPARTMENT OF AGRICULTURE the meeting. Public input sessions will Peter L. McClintock—Deputy Inspector be provided and individuals who made General. Forest Service written requests by September 28, 2011 Glenn P. Harris—Counsel to the will have the opportunity to address the Ashley Resource Advisory Committee Inspector General. committee at these meetings. John K. Needham—Assistant Inspector AGENCY: Forest Service, USDA. Dated: September 12, 2011. General for Auditing. ACTION: Notice of meeting. Nicholas T. Schmelter, Daniel J. O’Rourke—Assistant Inspector Acting Forest Supervisor. General for Investigations. SUMMARY: The Ashley Resource [FR Doc. 2011–23872 Filed 9–16–11; 8:45 am] Robert F. Fisher—Assistant Inspector Advisory Committee will conduct a BILLING CODE 3410–11–M General for Management and Policy. field review of five projects funded in Social Security Administration 2011. The committee is meeting as authorized under the Secure Rural COMMISSION ON CIVIL RIGHTS Phone Number: (410) 966–8385. Schools and Community Self- CIGIE Liaison—Misha Kelly (202) 358– Determination Act (Pub. L. 110–343) Agenda and Notice of Public Meeting 6319. and in compliance with the Federal of the New Hampshire Advisory Gale Stone—Deputy Assistant Inspector Advisory Committee Act. The purpose Committee General for Audit. of the meeting is to conduct a field B. Chad Bungard—Counsel to the review of five projects funded for Notice is hereby given, pursuant to Inspector General. implementation, approve meeting the provisions of the rules and Steve Mason—Deputy Assistant minutes, review the status of approved regulations of the U.S. Commission on Inspector General for Investigations. projects, set the next meeting date, time Civil Rights (Commission), and the Michael Robinson—Assistant Inspector and location and receive public Federal Advisory Committee Act General for Technology and Resource comment. (FACA), that a planning meeting and Management. press conference of the New Hampshire DATES: The field review will be held Advisory Committee to the Commission Special Inspector General for Troubled September 29, 2011, from 9 a.m. to 1 will be held at the Legislative Office Asset Relief Program p.m. The business meeting will be held Building, Room 207, 33 North State Phone Number: (202) 622–2658. from 1 p.m. to 3 p.m. Street, Concord, NH, 03301, and will CIGIE Liaison—(202) 622–2658. ADDRESSES: The business meeting will convene at 10 a.m. on Thursday, Christy Romero—Deputy Special be held in the conference room at Red September 29, 2011. The purpose of the Inspector General. Canyon Lodge at 2450 W. Red Canyon planning meeting is to plan future Kurt Hyde—Deputy Special Inspector Lodge Dutch John, Utah 84023. Written activities. The purpose of the press General, Audit. comments should be sent to Ashley conference is provide an update on the Kimberly Caprio—Assistant Deputy National Forest, 355 North Vernal Committee’s report on gender Special Inspector General, Audit. Avenue, Vernal, UT 84078. Comments disparities in state prisons. Scott Rebein—Deputy Special Inspector may also be sent via e-mail to Members of the public are entitled to General, Investigations. [email protected], or via facsimile to submit written comments. The Roderick Fillinger—General Counsel. 435–781–5142. comments must be received in the Cathy Alix—Deputy Special Inspector All comments, including names and regional office by Friday, October 28, General, Operations. addresses when provided, are placed in 2011. Comments may be mailed to the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57951

Eastern Regional Office, U.S. DATES: Effective Date: September 19, 2922.49.4020 of the Harmonized Tariff Commission on Civil Rights, 624 9th 2011. Schedule of the United States (HTSUS). Street, NW., Suite 740, Washington, DC FOR FURTHER INFORMATION CONTACT: Although the HTSUS subheading is 20425, fax to (202) 376–7548, or e-mail Patrick Edwards or Angelica Mendoza, provided for convenience and customs to [email protected]. Persons who desire AD/CVD Operations Office 7, Import purposes, the written description of the additional information may contact the Administration, International Trade merchandise under the order is 1 Eastern Regional Office at (202) 376– Administration, U.S. Department of dispositive. 7533. Commerce, 14th Street and Constitution Continuation of the Order Deaf or hearing-impaired persons who Avenue, NW., Washington, DC 20230; As a result of the determinations by will attend the meeting(s) and require telephone: (202) 482–8029 and (202) the Department and the USITC that the services of a sign language 482–3019, respectively. interpreter should contact the Eastern revocation of the antidumping duty SUPPLEMENTARY INFORMATION: Regional Office at least ten (10) working order on glycine would be likely to lead days before the scheduled date of the Background to continuation or recurrence of meeting. Persons needing accessibility dumping and material injury to an On March 29, 1995, the Department industry in the United States, pursuant services should contact the Regional published the antidumping duty order Office at least ten (10) working days to section 751(d)(2) of the Act, the on glycine from the PRC. See Department hereby orders the before the scheduled date of the Antidumping Duty Order: Glycine From meeting. continuation of the antidumping duty the People’s Republic of China, 60 FR order on glycine from the PRC. Records generated from this meeting 16116 (March 29, 1995). On October 1, may be inspected and reproduced at the U.S. Customs and Border Protection 2010, the Department initiated the third will continue to collect antidumping Eastern Regional Office, as they become sunset review of the antidumping duty available, both before and after the duty cash deposits at the rates in effect order on glycine from the PRC pursuant at the time of entry for all imports of meeting. Persons interested in the work to section 751(c) of the Tariff Act of of this advisory committee are advised subject merchandise. The effective date 1930, as amended (the Act). See of the continuation of this order will be to go to the Commission’s Web site, Initiation of Five-Year (‘‘Sunset’’) http://www.usccr.gov, or to contact the the date of publication in the Federal Review, 75 FR 60731 (October 1, 2010). Register of this notice of continuation. Eastern Regional Office at the above e- As a result of this sunset review, the mail or street address. Pursuant to section 751(c)(2) of the Act, Department determined that revocation the Department intends to initiate the The meeting will be conducted of the antidumping duty order on pursuant to the provisions of the rules next sunset review of this order not later glycine from the PRC would likely lead than 30 days prior to the fifth and regulations of the Commission and to continuation or recurrence of FACA. anniversary of the effective date of dumping and, therefore, notified the continuation. Dated in Washington, DC, on September USITC of the magnitude of the margins This five-year (sunset) review and this 13, 2011. likely to prevail should the order be notice are in accordance with section Peter Minarik, revoked. See Notice of Final Results of 751(c) of the Act and published Acting Chief, Regional Programs Expedited Sunset Review of the pursuant to section 777(i)(1) of the Act. Coordination Unit. Antidumping Duty Order: Glycine From Dated: September 12, 2011. [FR Doc. 2011–23837 Filed 9–16–11; 8:45 am] the People’s Republic of China, 76 FR Christian Marsh, BILLING CODE 6335–01–P 7150 (February 9, 2011) and accompanying Issues and Decision Acting Deputy Assistant Secretary for Import Memorandum. Administration. On August 30, 2011, the USITC [FR Doc. 2011–24008 Filed 9–16–11; 8:45 am] DEPARTMENT OF COMMERCE determined, pursuant to section 751(c) BILLING CODE 3510–DS–P International Trade Administration of the Act, that revocation of the antidumping duty order on glycine from DEPARTMENT OF COMMERCE [A–570–836] the PRC would be likely to lead to a continuation or recurrence of material International Trade Administration Glycine From the People’s Republic of injury to an industry in the United Sates China: Continuation of Antidumping within a reasonably foreseeable time. [A–570–901] Duty Order See Glycine from China, 76 FR 55109 (September 6, 2011), and USITC Certain Lined Paper Products From the AGENCY: Import Administration, Publication 4255 (August 2011), titled People’s Republic of China: Notice of International Trade Administration, Glycine from China: Investigation No. Final Rescission of Antidumping Duty Department of Commerce. 731–TA–718 (Third Review). Administrative Review SUMMARY: As a result of the Scope of the Order AGENCY: Import Administration, determinations by the Department of International Trade Administration, Commerce (the Department) and the The product covered by the order is Department of Commerce. U.S. International Trade Commission glycine, which is a free-flowing DATES: Effective Date: September 19, (USITC) that revocation of the crystalline material, like salt or sugar. 2011. antidumping duty order on glycine from Glycine is produced at varying levels of the People’s Republic of China (PRC) purity and is used as a sweetener/taste FOR FURTHER INFORMATION CONTACT: Joy would likely lead to continuation or enhancer, a buffering agent, Zhang or Victoria Cho, AD/CVD recurrence of dumping and material reabsorbable amino acid, chemical injury to an industry in the United intermediate, and a metal complexing 1 In a separate scope ruling, the Department determined that D(¥) Phenylglycine Ethyl Dane States, the Department is publishing a agent. This order covers glycine of all Salt is outside the scope of the order. See Notice notice of continuation of this purity levels. Glycine is currently of Scope Rulings, 62 FR 62288 (November 21, antidumping duty order. classified under subheading 1997).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57952 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Operations, Office 3, Import August 31, 2010. See Certain Lined incorporated, included with, or attached Administration, International Trade Paper Products From the People’s to the product, cover and/or backing Administration, Department of Republic of China; Notice of Preliminary thereto. Specifically excluded from the Commerce, 14th Street and Constitution Intent To Rescind the Antidumping scope of this order are: Avenue, NW., Washington, DC 20230; Duty Administrative Review, 76 FR • Unlined copy machine paper; telephone: (202) 482–1168 or (202) 482– 34204 (June 13, 2011) (‘‘Preliminary • Writing pads with a backing 5075, respectively. Rescission’’). We invited interested (including but not limited to products SUPPLEMENTARY INFORMATION: parties to submit comments on our commonly known as ‘‘tablets,’’ ‘‘note Preliminary Rescission. We did not pads,’’ ‘‘legal pads,’’ and ‘‘quadrille Background receive any comments on our pads’’), provided that they do not have On September 1, 2010, the Preliminary Rescission. a front cover (whether permanent or Department published in the Federal removable). This exclusion does not Scope of the Order Register a notice of opportunity to apply to such writing pads if they request an administrative review of the The scope of this order includes consist of hole-punched or drilled filler antidumping duty order on lined paper certain lined paper products, typically paper; from the People’s Republic of China school supplies (for purposes of this • Three-ring or multiple-ring binders, (‘‘PRC’’), for the period September 1, scope definition, the actual use of or or notebook organizers incorporating 2009, through August 31, 2010. See labeling these products as school such a ring binder provided that they do Antidumping or Countervailing Duty supplies or non-school supplies is not a not include subject paper; Order, Finding, or Suspended defining characteristic) composed of or • Index cards; Investigation: Opportunity To Request including paper that incorporates • Printed books and other books that Administrative Review, 75 FR 53635 straight horizontal and/or vertical lines are case bound through the inclusion of (September 1, 2010). On September 30, on ten or more paper sheets (there shall binders board, a spine strip, and cover 2010, we received a request from be no minimum page requirement for wrap; petitioner 1 to review the following four looseleaf filler paper) including but not • Newspapers; companies: Shanghai Lian Li Paper limited to such products as single- and • Pictures and photographs; • Products Co., Ltd. (‘‘Lian Li’’), Hwa Fuh multi-subject notebooks, composition Desk and wall calendars and Plastics Co., Ltd./Li Teng Plastics books, wireless notebooks, looseleaf or organizers (including but not limited to (Shenzhen) Co., Ltd. (‘‘Hwa Fuh/Li glued filler paper, graph paper, and such products generally known as Teng’’),2 Leo’s Quality Products Co., laboratory notebooks, and with the ‘‘office planners,’’ ‘‘time books,’’ and Ltd./Denmax Plastic Stationery Factory smaller dimension of the paper ‘‘appointment books’’); measuring 6 inches to 15 inches • Telephone logs; (‘‘Leo/Denmax’’); and the Watanabe • Group (consisting of Watanabe Paper (inclusive) and the larger dimension of Address books; 3 • Products (Shanghai) Co., Ltd. the paper measuring 8 ⁄4 inches to 15 Columnar pads & tablets, with or (‘‘Watanabe Shanghai’’); Watanabe inches (inclusive). Page dimensions are without covers, primarily suited for the Paper Products (Linqing) Co., Ltd. measured size (not advertised, stated, or recording of written numerical business ‘‘tear-out’’ size), and are measured as data; (‘‘Watanabe Linqing’’); and Hotrock • Stationery (Shenzhen) Co., Ltd. they appear in the product (i.e., stitched Lined business or office forms, (‘‘Hotrock Shenzhen’’) (hereafter and folded pages in a notebook are including but not limited to: pre-printed referred to as ‘‘Watanabe’’ or the measured by the size of the page as it business forms, lined invoice pads and ‘‘Watanabe Group’’). On October 28, appears in the notebook page, not the paper, mailing and address labels, 2010, we published in the Federal size of the unfolded paper). However, manifests, and shipping log books; • Lined continuous computer paper; Register the notice of initiation of this for measurement purposes, pages with • Boxed or packaged writing antidumping duty administrative review tapered or rounded edges shall be stationary (including but not limited to with respect to Lian Li, Leo/Denmax, measured at their longest and widest products commonly known as ‘‘fine and the Watanabe Group. See Initiation points. Subject lined paper products may be loose, packaged or bound using business paper,’’ ‘‘parchment paper’’, of Antidumping and Countervailing any binding method (other than case and ‘‘letterhead’’), whether or not Duty Administrative Reviews and bound through the inclusion of binders containing a lined header or decorative Request for Revocation in Part, 75 FR board, a spine strip, and cover wrap). lines; 66349 (October 28, 2010) (‘‘Initiation Subject merchandise may or may not • Stenographic pads (‘‘steno pads’’), Notice’’). Gregg ruled (‘‘Gregg ruling’’ consists of On June 13, 2011, we preliminarily contain any combination of a front a single- or double-margin vertical rescinded this review with respect to cover, a rear cover, and/or backing of ruling line down the center of the page. Leo/Denmax, Lian Li, and the Watanabe any composition, regardless of the inclusion of images or graphics on the For a six-inch by nine-inch stenographic Group based on evidence on the record cover, backing, or paper. Subject pad, the ruling would be located indicating that Leo/Denmax, Lian Li, merchandise is within the scope of this approximately three inches from the left and the Watanabe Group had no order whether or not the lined paper of the book.), measuring 6 inches by 9 shipments of subject merchandise and/or cover are hole punched, drilled, inches; which entered the United States during perforated, and/or reinforced. Subject Also excluded from the scope of this the period September 1, 2009, through merchandise may contain accessory or order are the following trademarked

1 informational items including but not products: The petitioner is the Association of American • TM School Paper Suppliers (‘‘AASPS’’). limited to pockets, tabs, dividers, Fly lined paper products: A 2 The Department was unable to locate Hwa Fuh/ closure devices, index cards, stencils, notebook, notebook organizer, loose or Li Teng in prior segments. The petitioner did not protractors, writing implements, glued note paper, with papers that are provide any new information as to Hwa Fuh/Li reference materials such as printed with infrared reflective inks and Teng’s location in its review request letter. TM Accordingly, pursuant to 19 CFR 351.303(f)(3)(ii), mathematical tables, or printed items readable only by a Fly pen-top the Department did not accept a request for an such as sticker sheets or miniature computer. The product must bear the administrative review of Hwa Fuh/Li Teng. calendars, if such items are physically valid trademark FlyTM (products found

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57953

to be bearing an invalidly licensed or 0.019 inches (within normal cash deposit of estimated antidumping used trademark are not excluded from manufacturing tolerances) and rear duties required at the time of entry, or the scope). cover is 0.028 inches (within normal withdrawal from warehouse, for • ZwipesTM: A notebook or notebook manufacturing tolerances). During consumption, in accordance with 19 organizer made with a blended construction, the polyester covering is CFR 351.212(c)(2). The Department will polyolefin writing surface as the cover sewn to the front cover face to face issue appropriate assessment and pocket surfaces of the notebook, (outside to outside) so that when the instructions directly to CBP 15 days suitable for writing using a specially- book is closed, the stitching is after publication of this notice. developed permanent marker and erase concealed from the outside. During Notification to Importers system (known as a ZwipesTM pen). construction, the polyester cover is This system allows the marker portion sewn to the back cover with the outside This notice serves as a final reminder to mark the writing surface with a of the polyester spine cover to the inside to importers for whom this review is permanent ink. The eraser portion of the back cover. Both free ends (the ends not being rescinded, as of the publication marker dispenses a solvent capable of sewn to the cover and back) are stitched date of this notice, of their solubilizing the permanent ink allowing with a turned edge construction. Each responsibility under 19 CFR the ink to be removed. The product ring within the fixture is comprised of 351.402(f)(2) to file a certificate must bear the valid trademark ZwipesTM a flexible strap portion that snaps into regarding the reimbursement of (products found to be bearing an a stationary post which forms a closed antidumping duties prior to liquidation invalidly licensed or used trademark are binding ring. The ring fixture is riveted of the relevant entries during this not excluded from the scope). with six metal rivets and sewn to the review period. Failure to comply with • FiveStar®AdvanceTM: A notebook back plastic cover and is specifically this requirement could result in the or notebook organizer bound by a positioned on the outside back cover. Secretary’s presumption that continuous spiral, or helical, wire and The product must bear the valid reimbursement of the antidumping with plastic front and rear covers made trademark FiveStar FlexTM (products duties occurred and the subsequent of a blended polyolefin plastic material found to be bearing an invalidly assessment of double antidumping joined by 300 denier polyester, coated licensed or used trademark are not duties. on the backside with PVC (poly vinyl excluded from the scope). Notification Regarding APOs chloride) coating, and extending the Merchandise subject to this order is entire length of the spiral or helical typically imported under headings This notice also serves as a reminder wire. The polyolefin plastic covers are 4810.22.5044, 4811.90.9050, to parties subject to administrative of specific thickness; front cover is 4820.10.2010, 4820.10.2020, protective orders (‘‘APO’’) of their 0.019 inches (within normal 4820.10.2030, 4820.10.2040, responsibility concerning the return or manufacturing tolerances) and rear 4820.10.2060, and 4820.10.4000 of the destruction of proprietary information cover is 0.028 inches (within normal Harmonized Tariff Schedule of the disclosed under APO in accordance manufacturing tolerances). Integral with United States (‘‘HTSUS’’). The HTSUS with 19 CFR 351.305, which continues the stitching that attaches the polyester headings are provided for convenience to govern business proprietary spine covering, is captured both ends of and customs purposes; however, the information in this segment of the a 1″ wide elastic fabric band. This band written description of the scope of this proceeding. Timely written notification 3 ″ is located 2 ⁄8 from the top of the front order is dispositive. of the return/destruction of APO plastic cover and provides pen or pencil materials or conversion to judicial storage. Both ends of the spiral wire are Period of Review (‘‘POR’’) protective order is hereby requested. cut and then bent backwards to overlap The POR is September 1, 2009, Failure to comply with the regulations with the previous coil but specifically through August 31, 2010. and terms of an APO is a violation outside the coil diameter but inside the which is subject to sanction. Final Rescission of Review polyester covering. During construction, This notice is issued and published in the polyester covering is sewn to the Because there is no information on accordance with sections 751(a)(1) and front and rear covers face to face the record which indicates that the 777(i)(1) of the Tariff Act of 1930, as (outside to outside) so that when the Watanabe Group, Lian Li, and Leo/ amended, and 19 CFR 351.213(d)(4). book is closed, the stitching is Denmax made shipments of subject Dated: September 12, 2011. concealed from the outside. Both free merchandise which entered the United Christian Marsh, ends (the ends not sewn to the cover States during the POR, and because we Deputy Assistant Secretary for Antidumping and back) are stitched with a turned did not receive any comments on our and Countervailing Duty Operations. edge construction. The flexible Preliminary Rescission, in accordance [FR Doc. 2011–24009 Filed 9–16–11; 8:45 am] polyester material forms a covering over with 19 CFR 351.213(d)(3) and BILLING CODE 3510–DS–P the spiral wire to protect it and provide consistent with our practice, we are a comfortable grip on the product. The rescinding this review of the product must bear the valid trademarks antidumping duty order on certain lined DEPARTMENT OF COMMERCE FiveStar® AdvanceTM (products found paper products from the PRC for the to be bearing an invalidly licensed or period of September 1, 2009, through International Trade Administration used trademark are not excluded from August 31, 2010. The cash deposit rate the scope). for the Watanabe Group, Lian Li, and [A–489–815] • FiveStar FlexTM: A notebook, a Leo/Denmax will continue to be the rate Light-Walled Rectangular Pipe and notebook organizer, or binder with established in the most recently Tube From Turkey; Notice of Final plastic polyolefin front and rear covers completed segment of this proceeding. Results of Antidumping Duty joined by 300 denier polyester spine The Department will instruct U.S. Administrative Review cover extending the entire length of the Customs and Border Protection (‘‘CBP’’) spine and bound by a 3-ring plastic to assess antidumping duties on all AGENCY: Import Administration, fixture. The polyolefin plastic covers are appropriate entries. Antidumping duties International Trade Administration, of a specific thickness; front cover is shall be assessed at rates equal to the Department of Commerce.

VerDate Mar<15>2010 17:36 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57954 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

SUMMARY: On June 8, 2011, the elements listed below exceeds the Antidumping Duties). This clarification Department of Commerce (the quantity by weight respectively will apply to entries of subject Department) published in the Federal indicated: 1.80 percent of manganese, or merchandise during the POR produced Register the preliminary results of the 2.25 percent of silicon, or 1.00 percent by Noksel for which Noksel did not administrative review of the of copper, or 0.50 percent of aluminum, know the merchandise was destined for antidumping duty order on light-walled or 1.25 percent of chromium, or 0.30 the United States. In such instances, we rectangular pipe and tube from Turkey. percent of cobalt, or 0.40 percent of will instruct CBP to liquidate un- See Light-Walled Rectangular Pipe and lead, or 1.25 percent of nickel, or 0.30 reviewed entries at the 27.04 percent Tube From Turkey; Notice of percent of tungsten, or 0.10 percent of all-others rate from the less than fair Preliminary Results of Antidumping molybdenum, or 0.10 percent of value (LTFV) investigation if there is no Duty Administrative Review, 76 FR niobium, or 0.15 percent vanadium, or company-specific rate for an 33200 (June 8, 2011) (Preliminary 0.15 percent of zirconium. The intermediary involved in the Results). We gave interested parties an description of carbon-quality is transaction. See Notice of Antidumping opportunity to comment on the intended to identify carbon-quality Duty Order: Light-Walled Rectangular Preliminary Results, but we received no products within the scope. The welded Pipe and Tube From Turkey, 73 FR comments. carbon-quality rectangular pipe and 31065 (May 30, 2008). See Assessment DATES: Effective Date: September 19, tube subject to this order is currently of Antidumping Duties for a full 2011 classified under the Harmonized Tariff discussion of this clarification. Schedule of the United States (HTSUS) FOR FURTHER INFORMATION CONTACT: Cash Deposit Requirements subheadings 7306.61.50.00 and Tyler Weinhold, or Robert James, AD/ 7306.61.70.60. While HTSUS Furthermore, the following deposit CVD Operations, Office 7, Import subheadings are provided for requirements will be effective upon Administration, International Trade convenience and U.S. Customs and completion of the final results of this Administration, U.S. Department of Border Protection (CBP) purposes, our administrative review for all shipments Commerce, 14th Street and Constitution written description of the scope of the of light-walled rectangular pipe and Avenue, NW., Washington, DC 20230; order is dispositive. tube from Turkey entered, or withdrawn telephone (202) 482–1121 or (202) 482– from warehouse, for consumption on or 0649, respectively. Final Results of Review after the publication date of the final SUPPLEMENTARY INFORMATION: The Department has determined that results of this administrative review, as provided by section 751(a)(2)(c) of the Background the following margins exist for the period May 1, 2009, through April 30, Tariff Act of 1930, as amended (the Act): On June 8, 2011, the Department 2010: (1) The cash deposit rate for Noksel will published the preliminary results of be the rate established in the final administrative review of the Weighted results of review; (2) if the exporter is antidumping duty order covering light- Manufacturer Average not a firm covered in this review or the walled rectangular pipe and tube from Margin LTFV investigation, but the (percentage) Turkey. See Preliminary Results. The manufacturer is, the cash deposit rate respondent subject to this review is Noksel Celik Boru Sanayi will be the rate established for the most Noksel Celik Boru Sanayi A.S., (Noksel). A.S ...... 0.00 recent period for the manufacturer of The petitioners in this proceeding are the merchandise; and (3) if neither the Atlas Tube, Inc. and Searing Industries, Assessment Rates exporter nor the manufacturer is a firm Inc. (collectively, Petitioners). covered in this or any previous review In the Preliminary Results, the Pursuant to these final results, the conducted by the Department, the cash Department stated that interested parties Department has determined, and CBP deposit rate will be the all-others rate were to submit case briefs within shall assess, antidumping duties on all 27.04 percent ad valorem from the 30 days of publication of the appropriate entries. The Department LTFV investigation. Id. These deposit Preliminary Results and rebuttal briefs intends to issue assessment instructions requirements, when imposed, shall within five days after the due date for to CBP 15 days after the date of remain in effect until further notice. filing case briefs. See Preliminary publication of these final results. Results, 76 FR at 33204. No interested Pursuant to 19 CFR 351.212(b)(1), we Notification to Importers party submitted briefs. We have made calculated importer-specific (or This notice also serves as a final no changes for the final results. customer-specific) ad valorem duty reminder to importers of their assessment rates based on the ratio of responsibility under 19 CFR 351.402(f) Period of Review the total amount of the dumping to file a certificate regarding the The period of review (POR) is May 1, margins calculated for the examined reimbursement of antidumping duties 2009, through April 30, 2010. sales to the total entered value of those prior to liquidation of the relevant same sales. We will instruct CBP to Scope of the Order entries during this POR. Failure to assess antidumping duties on all comply with this requirement could The merchandise subject to this order appropriate entries covered by this result in the Secretary’s presumption is certain welded carbon quality light- review if any importer-specific (or that reimbursement of antidumping walled steel pipe and tube, of customer-specific) assessment rate duties occurred and the subsequent rectangular (including square) cross calculated in the final results of this assessment of doubled antidumping section, having a wall thickness of less review is above de minimis. duties. than 4 mm. The term carbon-quality The Department clarified its steel includes both carbon steel and ‘‘automatic assessment’’ regulation on Administrative Protective Orders alloy steel which contains only small May 6, 2003. See Antidumping and This notice also serves as a reminder amounts of alloying elements. Countervailing Duty Proceedings: to parties subject to administrative Specifically, the term carbon-quality Assessment of Antidumping Duties, 68 protective orders (APO) of their includes products in which none of the FR 23954 (May 6, 2003) (Assessment of responsibility concerning the return or

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57955

destruction of proprietary information Certain Polyester Staple Fiber From this notice as an Appendix. The disclosed under APO in accordance Taiwan: Preliminary Results of Decision Memorandum, which is a with 19 CFR 351.305(a)(3), which Antidumping Duty Administrative public document, is on file in the continues to govern business Review, 76 FR 22366 (April 21, 2011) Department’s Central Records Unit of proprietary information in this segment (Preliminary Results). We invited the main Commerce building, Room of the proceeding. Timely written interested parties to comment on the 7046, and is accessible on the Internet notification of the return/destruction of Preliminary Results. We received at http://ia.ita.doc.gov/frn/index.html. APO materials or conversion to judicial comments from the respondent. The paper copy and electronic version protective order is hereby requested. The Department has conducted this of the Decision Memorandum are Failure to comply with the regulations administrative review in accordance identical in content. with section 751(a) of the Tariff Act of and terms of an APO is a violation Results of Cost Test which is subject to sanction. 1930, as amended (the Act). For these final results, we continue to We are issuing and publishing this Scope of the Order notice in accordance with sections find that, for certain products, more 751(a)(1) and 777(i) of the Act. The product covered by the order is than 20 percent of the respondent’s polyester staple fiber (PSF). PSF is sales in the home market were at prices Dated: September 12, 2011. defined as synthetic staple fibers, not below the cost of production and the Christian Marsh, carded, combed or otherwise processed below-cost sales were made within an Acting Deputy Assistant Secretary for Import for spinning, of polyesters measuring extended period of time in substantial Administration. 3.3 decitex (3 denier, inclusive) or more quantities. In addition, these sales were [FR Doc. 2011–24007 Filed 9–16–11; 8:45 am] in diameter. This merchandise is cut to made at prices that did not permit the BILLING CODE 3510–DS–P lengths varying from one inch (25 mm) recovery of costs within a reasonable to five inches (127 mm). The period of time. Therefore, we merchandise subject to the order may be disregarded these sales and used the DEPARTMENT OF COMMERCE coated, usually with a silicon or other remaining sales of the same product as finish, or not coated. PSF is generally International Trade Administration the basis for determining normal value used as stuffing in sleeping bags, in accordance with section 773(b)(1) of [A–583–833] mattresses, ski jackets, comforters, the Act. cushions, pillows, and furniture. Certain Polyester Staple Fiber From Merchandise of less than 3.3 decitex Final Results of the Review Taiwan: Final Results of Antidumping (less than 3 denier) currently classifiable We made one change to our Duty Administrative Review in the Harmonized Tariff Schedule of calculations announced in the Preliminary Results. In calculating the AGENCY: Import Administration, the United States (HTSUS) at International Trade Administration, subheading 5503.20.00.20 is specifically cost of production in the Preliminary Department of Commerce. excluded from the order. Also Results, we inadvertently used the ratio specifically excluded from the order are for general and administrative expenses SUMMARY: On April 21, 2011, the polyester staple fibers of 10 to 18 denier reported by Far Eastern New Century Department of Commerce published the that are cut to lengths of 6 to 8 inches Corporation in its initial response to our preliminary results of the administrative (fibers used in the manufacture of questionnaire rather than a correction to review of the antidumping duty order carpeting). In addition, low-melt PSF is this ratio which the respondent on certain polyester staple fiber from excluded from the order. Low-melt PSF provided in a subsequent submission. In Taiwan. The period of review is May 1, is defined as a bi-component fiber with these final results we employed the 2009, through April 30, 2010. We gave an outer sheath that melts at a subsequently reported ratio. This interested parties an opportunity to significantly lower temperature than its change had no effect on the weighted- comment on the preliminary results. We inner core. average dumping margin determined for received comments from Far Eastern The merchandise subject to the order Far Eastern New Century Corporation. New Century Corporation. The final is currently classifiable in the HTSUS at As a result of our review, we determine weighted-average dumping margin for subheadings 5503.20.00.45 and that a weighted-average dumping Far Eastern New Century Corporation is 5503.20.00.65. Although the HTSUS margin of 2.92 percent exists for Far listed below in the ‘‘Final Results of the subheadings are provided for Eastern New Century Corporation for Review’’ section of this notice. convenience and customs purposes, the the period May 1, 2009, through April DATES: Effective Date: September 19, written description of the merchandise 30, 2010. 2011. subject to the order is dispositive. Assessment Rates FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received Michael A. Romani, AD/CVD The Department shall determine and Operations, Office 5, Import All issues raised in the case briefs by U.S. Customs and Border Protection Administration, International Trade parties to this review are addressed in (CBP) shall assess antidumping duties Administration, U.S. Department of the ‘‘Issues and Decision Memorandum’’ on all appropriate entries. Although Far Commerce, 14th Street and Constitution from Christian Marsh, Deputy Assistant Eastern New Century Corporation Avenue, NW., Washington DC 20230; Secretary for Antidumping and indicated that it was not the importer of telephone (202) 482–0198. Countervailing Duty Operations, to record for any of its sales to the United Ronald K. Lorentzen, Deputy Assistant States during the period of review, it Background Secretary for Import Administration, reported the names of the importers of On April 21, 2011, the Department of dated concurrently with this notice record for all of its U.S. sales. Because Commerce (the Department) published (Decision Memorandum), and hereby Far Eastern New Century Corporation the preliminary results of the adopted by this notice. A list of the also reported the entered value for all of administrative review of the issues which parties have raised and to its U.S. sales, we have calculated antidumping duty order on certain which we have responded in the importer-specific assessment rates for polyester staple fiber from Taiwan. See Decision Memorandum is attached to the merchandise in question by

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57956 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

aggregating the dumping margins we Notifications SUPPLEMENTARY INFORMATION: calculated for all U.S. sales to each This notice serves as a final reminder Amendments To Revise the Dates and importer and dividing this amount by to importers of their responsibility Provide for Selection of Applicants on the total entered value of those sales. under 19 CFR 351.402(f)(2) to file a a Rolling Basis The Department clarified its certificate regarding the reimbursement ‘‘automatic assessment’’ regulation on of antidumping duties prior to Background May 6, 2003. This clarification will liquidation of the relevant entries Recruitment for this Mission began at apply to entries of subject merchandise during this review period. Failure to the end of June, and some pending during the period of review produced by comply with this requirement could applicants have indicated a need to Far Eastern New Century Corporation result in the Secretary’s presumption finalize their schedules and travel for which it did not know its that reimbursement of antidumping arrangements for upcoming holidays merchandise was destined for the duties occurred and the subsequent and end of fiscal 2011 year financial United States. In such instances, we will assessment of doubled antidumping reports. Rather than wait until after the instruct CBP to liquidate unreviewed duties. October 17, 2011 deadline to vet all entries at the all-others rate if there is no This notice also serves as a reminder applicants and make selection rate for the intermediate company(ies) to parties subject to the administrative decisions, CS is amending the Notice to protective order (APO) of their involved in the transaction. For a full allow for vetting and selection decisions responsibility concerning the discussion of this clarification, see on a rolling basis beginning September disposition of proprietary information Antidumping and Countervailing Duty 1, 2011, until the maximum of 20 disclosed under APO in accordance Proceedings: Assessment of participants is selected. Although with 19 CFR 351.305(a)(3). Timely Antidumping Duties, 68 FR 23954 (May applications will be accepted through notification of the destruction of APO 6, 2003). October 17th (and after that date if space materials or conversion to judicial remains and scheduling constraints The Department intends to issue protective order is hereby requested. permit), interested U.S. renewable assessment instructions directly to CBP Failure to comply with the regulations energy firms and trade organizations 15 days after publication of these final and the terms of an APO is a which have not already submitted an results of review. sanctionable violation. application are encouraged to do so as We are issuing and publishing these soon as possible. Cash-Deposit Requirements results and this notice in accordance The following deposit requirements with sections 751(a)(1) and 777(i)(1) of Amendments the Act. will be effective upon publication of 1. For the reasons stated above, the this notice of final results of Dated: September 13, 2011. Timeframe for Recruitment and administrative review for all shipments Ronald K. Lorentzen, Applications section of the Notice of the of PSF from Taiwan entered, or Deputy Assistant Secretary for Import Renewable Energy and Energy withdrawn from warehouse, for Administration. Efficiency Executive Business consumption on or after the date of Appendix Development Mission, 76 FR, No. 140, publication, as provided by section July 21, 2011, is amended to read as 751(a)(1) of the Act: (1) The cash- 1. Zeroing follows: deposit rate for Far Eastern New 2. G&A Ratio [FR Doc. 2011–24010 Filed 9–16–11; 8:45 am] Timeframe for Recruitment and Century Corporation will be 2.92 Applications percent; (2) for merchandise exported by BILLING CODE 3510–DS–P manufacturers or exporters not covered Mission recruitment will be in this review but covered in the conducted in an open and public original less-than-fair-value DEPARTMENT OF COMMERCE manner, including publication in the investigation or previous reviews, the International Trade Administration Federal Register, posting on the cash-deposit rate will continue to be the Commerce Department trade mission company-specific rate published for the Renewable Energy and Energy calendar (http://export.gov/ most recent period; (3) if the exporter is Efficiency Executive Business trademissions) and other Internet Web not a firm covered in this review, a prior Development Mission; Clarification sites, press releases to general and trade review, or the original investigation but and Amendment media, direct mail, notices by industry the manufacturer is, the cash-deposit trade associations and other multiplier AGENCY: rate will be the rate established for the International Trade groups, and publicity at industry Administration, Department of most recent period for the manufacturer meetings, symposia, conferences, and Commerce. of the merchandise; (4) the cash-deposit trade shows. Recruitment for this rate for all other manufacturers or ACTION: Notice. mission will conclude no later than October 17, 2011. The U.S. Department exporters will continue to be 7.31 SUMMARY: The United States Department of Commerce will review applications percent, the all-others rate established of Commerce, International Trade in Notice of Amended Final and make selection decisions on a Administration, U.S. and Foreign rolling basis beginning August 31, 2011. Determination of Sales at Less Than Commercial Service (CS) is publishing Fair Value: Certain Polyester Staple We will inform all applicants of this supplement to the Notice of the selection decisions on a rolling basis. Fiber From the Republic of Korea and Renewable Energy and Energy Antidumping Duty Orders: Certain Applications received after the October Efficiency Executive Business 17 deadline will be considered only if Polyester Staple Fiber From the Development Mission, 76 FR, No. 140, space and scheduling constraints Republic of Korea and Taiwan, 65 FR July 21, 2011, to clarify eligibility and permit. 33807 (May 25, 2000). These cash- amend the Notice to revise the dates and deposit requirements shall remain in provide for selection of applicants on a FOR FURTHER INFORMATION CONTACT: effect until further notice. rolling basis. Michael Lally, Commercial Officer.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57957

Phone: 415–705–1765; Fax: 415–705– the newly proposed actions would not Dated: August 26, 2011. 2299. E-mail: [email protected]. be implemented. William F. Broglie, Chief Administrative Officer, National Elnora Moye, DATES: Written comments and input will be accepted on or before October Oceanic and Atmospheric Administration. Commercial Service Trade Mission Program, [FR Doc. 2011–23987 Filed 9–16–11; 8:45 am] U.S. Department of Commerce 31, 2011. BILLING CODE 3510–22–P [FR Doc. 2011–23893 Filed 9–16–11; 8:45 am] ADDRESSES: Written comments should BILLING CODE 3510–FP–P be sent to Robb Gries, Project Engineer, NOAA, Project Planning & Management—Western Region, 7600 DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Sand Point Way NE., BIN C15700, National Oceanic and Atmospheric Seattle, WA 98115; e-mail Administration National Oceanic and Atmospheric [email protected]. RIN 0648–BB44 Administration FOR FURTHER INFORMATION CONTACT: RIN 0648–XL85 Contact Mr. Robb Gries, NOAA Project Fisheries of the Caribbean, Gulf of Engineer, at the address provided above. Mexico, and South Atlantic; Notice of Availability of a Draft A copy of the Draft SEIS can be viewed Amendment 11 to the Fishery Supplemental Environmental Impact or downloaded at http:// Management Plan for Spiny Lobster Statement for Replacement of NOAA www.seco.noaa.gov/HTML_Blue/ Resources of the Gulf of Mexico and Southwest Fisheries Science Center in OCAO_NEPA.html. South Atlantic; Intent To Prepare a La Jolla, CA SUPPLEMENTARY INFORMATION: The Supplemental Environmental Impact AGENCY: National Oceanic and proposed action evaluated in the April Statement (SEIS); Request for Atmospheric Administration (NOAA), 2009 Final EIS/EIR consisted of the Comments Commerce. demolition of Buildings B and C and the AGENCY: National Marine Fisheries ACTION: Notice of availability of the construction of a new SWFSC building Service (NMFS), National Oceanic and Draft Supplemental Environmental on a property across La Jolla Shores Atmospheric Administration (NOAA), Impact Statement (SEIS); Request for Drive from the existing NOAA facilities. Commerce. comments. Currently, construction of the SWFSC ACTION: Notice of Intent (NOI). building at the preferred site is SUMMARY: NOAA announces the public underway. Demolition of Buildings B SUMMARY: NMFS, Southeast Region, in release of the Draft SEIS in accordance and C at the existing NOAA property collaboration with the Gulf of Mexico with the National Environmental Policy would not occur until construction of and South Atlantic Fishery Management Act of 1969, the Council on the new SWFSC building has been Councils (Councils) intends to prepare a Environmental Quality Regulations, and completed. SEIS to describe and analyze a range of NOAA Administrative Order 216–6 A Notice of Intent to prepare SEIS was alternatives for management actions to Environmental Review Procedures for published in the Federal Register on be included in Amendment 11 to the Implementing the National June 30, 2011. Consistent with 40 CFR Fishery Management Plan for the Spiny Environmental Policy Act. Since 1502.9(c)(1)(i), this SEIS focuses on the Lobster Resources of the Gulf of Mexico completion of the Final Environmental environmental effects of the proposed and South Atlantic (FMP). These actions Impact Statement/Environmental changes and feasible alternatives will consider closed areas for lobster Impact Report (EIS/EIR) in April of including the no-action alternative, and fishing to protect Acropora corals and 2009, substantial changes to the analyzes the potential effects to affected lobster trap line-marking requirements. proposed action are being considered by resources such as: geological conditions, The purpose of this NOI is to solicit NOAA within portions of the project hydraulic processes, construction noise, public comments on the scope of issues area containing the 2.5-acre property traffic/pedestrian circulation, air to be addressed in the SEIS. currently occupied by Southwest emissions, and protected wildlife. DATES: Written comments on the scope Fisheries Science Center (SWFSC) and Separately, the University of of issues to be addressed in the SEIS managed by NOAA under long-term California—San Diego (UCSD) and must be received by NMFS by October lease from the University of California UCOP intend to determine what 19, 2011. Office of the President (UCOP). These additional CEQA documentation is ADDRESSES: You may submit comments, newly proposed actions were not necessary, such as an Addendum to the identified by NOAA–NMFS–2011–0223, previously analyzed in the Final EIS/ Final EIS/EIR, based on the findings of by any of the following methods: EIR and involve additional demolition the SEIS and other factors. • Electronic submissions: Submit activities, substantial excavation and NOAA has submitted the Draft SEIS electronic comments via the Federal grading, installation of a geohazard soil to the U.S. Environmental Protection e-Rulemaking Portal: http:// stabilization system, structural upgrade Agency for review and comment, in www.regulations.gov. Follow the to remaining structures, and other site conformance with NEPA implementing instructions for submitting comments. alterations. These proposed actions regulations. Copies of this document • Mail: Susan Gerhart, Southeast were deemed necessary by NOAA based have been made available to persons Regional Office, NMFS, 263 13th on additional geotechnical information who participated in the Final EIS/EIR Avenue South, St. Petersburg, FL 33701. and design recommendations received scoping process, to other individuals Instructions: All comments received since approval of the Final EIS/EIR. The expressing interest, and to local libraries are a part of the public record and will SEIS evaluates each environmental in order to be accessible to the general generally be posted to http:// topic addressed in the Final EIS/EIR, public. NOAA is accepting comments www.regulations.gov without change. and focuses on the newly proposed on the Draft SEIS during a 45-day All Personal Identifying Information (for action and its potential effects to the official comment period beginning example, name, address, etc.) human environment. The No-Action September 19, 2011, and ending on voluntarily submitted by the commenter Alternative was analyzed and assumes October 31, 2011. may be publicly accessible. Do not

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57958 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

submit Confidential Business for scoping purposes only. These DEPARTMENT OF COMMERCE Information or otherwise sensitive or preliminary issues may not represent protected information. the full range of issues that eventually National Oceanic and Atmospheric To submit comments through the will be evaluated in the SEIS. Administration Federal e-rulemaking portal: http:// Copies of an information packet will RIN: 0648–XA708 www.regulations.gov, click on ‘‘submit a be available from NMFS (see comment,’’ then enter ‘‘NOAA–NMFS– ADDRESSES). Fisheries of the South Atlantic and 2011–0223’’ in the keyword search and After the draft SEIS associated with Gulf of Mexico; South Atlantic Fishery click on ‘‘search.’’ To view posted Amendment 11 is completed, it will be Management Council; Public Meetings comments during the comment period, filed with the Environmental Protection enter ‘‘NOAA–NMFS–2011–0223’’ in Agency (EPA). After filing, the EPA will AGENCY: National Marine Fisheries the keyword search and click on publish a notice of availability of the Service (NMFS), National Oceanic and ‘‘search.’’ NMFS will accept anonymous draft SEIS for public comment in the Atmospheric Administration (NOAA), comments (enter N/A in the required Federal Register. The draft SEIS will Commerce. field if you wish to remain anonymous). have a 45-day public comment period. ACTION: Notice of public meetings. You may submit attachments to This procedure is pursuant to electronic comments in Microsoft Word, regulations issued by the Council on SUMMARY: The South Atlantic Fishery Excel, WordPerfect, or Adobe PDF file Environmental Quality (CEQ) for Management Council (SAFMC) will formats only. implementing the procedural provisions hold meetings of its Scientific and FOR FURTHER INFORMATION CONTACT: of the National Environmental Policy Statistical Committee (SSC) and Socio- Susan Gerhart, telephone: 727–824– Act (NEPA; 40 CFR parts 1500–1508) Economic Sub-Panel (SEP) to review 5305 or e-mail: and to NOAA’s Administrative Order fishery management plan (FMP) [email protected]. 216–6 regarding NOAA’s compliance amendments under development, ABC with NEPA and the CEQ regulations. control rule approaches, stock SUPPLEMENTARY INFORMATION: On August NMFS will consider public comments assessments of black sea bass and 27, 2009, an Endangered Species Act received on the draft SEIS in developing golden tilefish, planning for future (ESA) biological opinion was completed the final SEIS and before adopting final assessments of Spanish mackerel and that evaluated the impacts of the management measures for the cobia, and the National SSC workshop. continued authorization of the trap amendment. NMFS will submit both the The meetings will be held in Charleston, component of the spiny lobster final amendment and the supporting SC. See SUPPLEMENTARY INFORMATION. commercial sector on ESA-listed SEIS to the Secretary of Commerce DATES: The meetings will be held species. The opinion prescribed non- (Secretary) for review as required by the November 7–10, 2011. See discretionary reasonable and prudent Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION for specific measures (RPMs) to help minimize the Conservation and Management Act. dates and times. impacts of takes to ESA-listed species NMFS will announce, through a ADDRESSES: The meetings will be held at by the trap component of the spiny notification in the Federal Register, the the Hampton Inn, 678 Citadel Haven lobster commercial sector. Specific availability of the final amendment for Drive, Charleston, SC 29414; telephone: terms and conditions required to public review during the Department of (843) 573–1200. implement the prescribed RPMs Commerce Secretarial review period. included creating new or expanding During Secretarial review, NMFS will FOR FURTHER INFORMATION CONTACT: Kim existing closed areas to protect coral and also file the final SEIS with the EPA and Iverson, Public Information Officer, implementing lobster trap line-marking the EPA will publish a notice of 4055 Faber Place Drive, Suite 201, North requirements. A September 2, 2011, availability for the final SEIS in the Charleston, SC 29405; (843) 571–4366; memo revised the 5-year phase-in Federal Register. This public comment e-mail: [email protected]. period for the line-marking requirement period is expected to be concurrent with SUPPLEMENTARY INFORMATION: Under the to 5 years from implementation of the the Secretarial review period and will Magnuson-Stevens Reauthorized Act, planned final rule or no later than end prior to final agency action to the SSC is the body responsible for August 6, 2017. The Councils are approve, disapprove, or partially reviewing the Council’s scientific considering alternatives to meet these approve the amendment. materials. The SEP sub-pane reviews requirements. NMFS will announce, through a social and economic information and Actions and alternatives to address document published in the Federal reports its findings to the SSC. The SEP these measures were included in Register, all public comment periods on will discuss FMP amendments that are Amendment 10 to the Spiny Lobster the final amendment, its proposed under development and the role of FMP. However, the Councils felt more implementing regulations, and the social and economic sciences in the time was needed to work with availability of its associated final SEIS. Council process. The SSC will discuss stakeholders in developing management NMFS will consider all public FMP amendments under development, measures. NMFS, in collaboration with comments received during the assessments of black sea bass and the Councils, will develop a SEIS for Secretarial review period, whether they tilefish, review advancements in ABC Amendment 11 to describe and analyze are on the final amendment, the control rule development, review alternatives to address the management proposed regulations, or the final SEIS, planning information for assessments of needs described above. The alternatives prior to final agency action. Spanish mackerel and cobia to be will include a ‘‘no action’’ alternative Authority: 16 U.S.C. 1801 et seq. developed in 2013, and discuss the regarding each action. findings of the National SSC workshop. In accordance with NOAA’s Dated: September 13, 2011. Administrative Order 216–6, Section Steven Thur, SEP Meeting Schedule 5.02(c), Scoping Process, NMFS, in Acting Director, Office of Sustainable November 7, 2011, 1 p.m.–5 p.m. collaboration with the Councils, has Fisheries, National Marine Fisheries Service. identified preliminary environmental [FR Doc. 2011–24035 Filed 9–16–11; 8:45 am] SSC Meeting Schedule issues as a means to initiate discussion BILLING CODE 3510–22–P November 8, 2011, 9 a.m.–6 p.m.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57959

November 9, 2011, 9 a.m.–6 p.m. responsible for e-mail comments send to availability of the species or stock(s) for November 10, 2011, 9 a.m.–3 p.m. addresses other than the one provided subsistence uses (where relevant). The here. Comments sent via e-mail, authorization must set forth the Special Accommodations including all attachments, must not permissible methods of taking, other These meetings are physically exceed a 10-megabyte file size. means of effecting the least practicable accessible to people with disabilities. All comments received are a part of adverse impact on the species or stock Requests for sign language the public record and will generally be and its habitat, and requirements interpretation or other auxiliary aids posted to http://www.nmfs.noaa.gov/pr/ pertaining to the mitigation, monitoring should be directed to the Council office permits/incidental.htm#applications and reporting of such takings. NMFS (see ADDRESSES) at least 3 business days without change. All Personal Identifying has defined ‘‘negligible impact’’ in 50 prior to the meeting. Information (for example, name, CFR 216.103 as ‘‘* * * an impact Dated: September 14, 2011. address, etc.) voluntarily submitted by resulting from the specified activity that Tracey L. Thompson, the commenter may be publicly cannot be reasonably expected to, and is Acting Director, Office of Sustainable accessible. Do not submit confidential not reasonably likely to, adversely affect Fisheries, National Marine Fisheries Service. business information or otherwise the species or stock through effects on [FR Doc. 2011–23928 Filed 9–16–11; 8:45 am] sensitive or protected information. annual rates of recruitment or survival.’’ An electronic copy of the application Section 101(a)(5)(D) of the MMPA BILLING CODE 3510–22–P containing a list of the references used established an expedited process by in this document may be obtained by which citizens of the United States can DEPARTMENT OF COMMERCE writing to the above address, apply for an authorization to telephoning the contact listed here (see incidentally take small numbers of National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT) or marine mammals by harassment. Administration visiting the Internet at: http:// Section 101(a)(5)(D) of the MMPA www.nmfs.noaa.gov/pr/permits/ establishes a 45-day time limit for RIN 0648–XA584 incidental.htm#applications. NMFS’ review of an application Takes of Marine Mammals Incidental to The following associated documents followed by a 30-day public notice and Specified Activities; Marine are also available at the same Internet comment period on any proposed Geophysical Survey in the Central address: The National Science authorizations for the incidental Pacific Ocean, November, 2011 Foundation’s (NSF) draft Environmental harassment of small numbers of marine Through January, 2012 Analysis (Analysis) Pursuant to mammals. Within 45 days of the close Executive Order 12114. The Analysis of the public comment period, NMFS AGENCY: National Marine Fisheries incorporates an ‘‘Environmental must either issue or deny the Service (NMFS), National Oceanic and Assessment of a Marine Geophysical authorization. NMFS must publish a Atmospheric Administration (NOAA), Survey by the R/V Marcus G. Langseth notice in the Federal Register within 30 Commerce. in the Central Pacific Ocean, November– days of its determination to issue or ACTION: Notice; proposed incidental December 2011,’’ prepared by LGL deny the authorization. harassment authorization; request for Limited, on behalf of NSF. Documents Except with respect to certain comments. cited in this notice may be viewed, by activities not pertinent here, the MMPA appointment, during regular business defines ‘‘harassment’’ as: SUMMARY: NMFS has received an hours, at the aforementioned address. application from Lamont-Doherty Earth Any act of pursuit, torment, or annoyance FOR FURTHER INFORMATION CONTACT: which (i) has the potential to injure a marine Observatory (L–DEO), a part of Jeannine Cody, Office of Protected mammal or marine mammal stock in the wild Columbia University, for an Incidental Resources, NMFS, (301) 427–8401. [Level A harassment]; or (ii) has the potential Harassment Authorization (IHA) to take to disturb a marine mammal or marine SUPPLEMENTARY INFORMATION: marine mammals, by harassment, mammal stock in the wild by causing incidental to conducting a marine Background disruption of behavioral patterns, including, geophysical survey in the central Pacific but not limited to, migration, breathing, Section 101(a)(5)(D) of the Marine Ocean, November through December, nursing, breeding, feeding, or sheltering Mammal Protect Act of 1972, as 2011. Pursuant to the Marine Mammal [Level B harassment]. amended (MMPA; 16 U.S.C. 1361 et Protection Act (MMPA), NMFS is seq.) directs the Secretary of Commerce Summary of Request requesting comments on its proposal to to authorize, upon request, the NMFS received an application on issue an IHA to L–DEO to incidentally incidental, but not intentional, taking of June 17, 2011, from L–DEO for the harass, by Level B harassment only, small numbers of marine mammals of a taking by harassment, of marine 20 species of marine mammals during species or population stock, by United mammals, incidental to conducting a the specified activity. States citizens who engage in a specified marine geophysical survey in the central DATES: Comments and information must activity (other than commercial fishing) tropical Pacific Ocean in international be received no later than October 19, within a specified geographical region if waters. L–DEO, with research funding 2011. certain findings are made and, if the from the U.S. National Science ADDRESSES: Comments on the taking is limited to harassment, a notice Foundation (NSF), plans to conduct the application should be addressed to of a proposed authorization is provided proposed survey from November 26, P. Michael Payne, Chief, Permits, to the public for review. 2011, through December 29, 2011. Upon Conservation and Education Division, Authorization for the incidental receipt of additional information, NMFS Office of Protected Resources, National taking of small numbers of marine determined the application complete Marine Fisheries Service, 1315 East- mammals shall be granted if NMFS and adequate on August 26, 2011. West Highway, Silver Spring, MD finds that the taking will have a L–DEO plans to use one source vessel, 20910–3225. The mailbox address for negligible impact on the species or the R/V Marcus G. Langseth (Langseth) providing e-mail comments is stock(s), and will not have an and a seismic airgun array to image the [email protected]. NMFS is not unmitigable adverse impact on the structure of the oceanic lithosphere (i.e.,

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57960 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

the Earth’s crust and the uppermost approximately 1,300 kilometers (km) shaft typically rotates at 750 revolutions mantle) in the Central Pacific using south of Hawai’i. per minute. The vessel also has an 800- three-dimensional (3-D) seismic Geophysical survey activities will hp bowthruster, which is not used reflection techniques. The Langseth will involve 3-D seismic methodologies to during seismic acquisition. The deploy a single hydrophone streamer define the detailed structure of the Langseth’s operation speed during and approximately 34 short-period oceanic lithosphere and to develop a seismic acquisition will be Ocean Bottom Seismometers (OBS) to comprehensive theory on its formation approximately 8.5 km per hr (km/h) collect geophysical data. After and evolution. To obtain 3-D images of (5.3 miles (mi) per hr (mph) or 4.6 knots completion of the seismic survey, the the lithosphere in the survey area, the (kts)) and the cruising speed of the Langseth will recover the 34 Langseth will deploy a 36-airgun array vessel outside of seismic operations is seismometers and deploy 27 broad-band as an energy source. The receiving 18.5 km/h (11.5 mph or 10 kts). OBSs and five magneto-telluric system consists of one 6-km-long When the Langseth is towing the instruments on the seafloor. These hydrophone streamer and airgun array and the hydrophone instruments will remain on the seafloor approximately 34 OBSs. As the airgun streamer, the turning rate of the vessel for 12 months and the scientists will array is towed along the survey lines, is limited to five degrees per minute. recover these instruments on a the hydrophone streamers will receive Thus, the maneuverability of the vessel subsequent cruise in 2012. the returning acoustic signals and is limited during operations with the In addition to the proposed operations transfer the data to the on-board streamer. of the seismic airgun array, L–DEO processing system. The OBSs will The vessel also has an observation intends to operate a multibeam receive the returning acoustic signals tower from which protected species echosounder (MBES) and a sub-bottom and record them for internally for later visual observers (PSVO) will watch for profiler (SBP) continuously throughout analysis after retrieval from the seafloor. marine mammals before and during the the survey. The proposed study (e.g., equipment proposed airgun operations. When Acoustic stimuli (i.e., increased testing, startup, line changes, repeat stationed on the observation platform, underwater sound) generated during the coverage of any areas, and equipment the PSVO’s eye level will be operation of the seismic airgun array, recovery) will take place in water approximately 21.5 m (71 ft) above sea may have the potential to cause a short- depths of approximately 5,000 meters level providing the PSVO an term behavioral disturbance for marine (m) (3.1 miles (mi)). The survey will unobstructed view around the entire mammals in the survey area. This is the require approximately 11 days (d) to vessel. principal means of marine mammal complete approximately 2,120 km taking associated with these activities (1,317.3 mi) of transect lines. The Acoustic Source Specifications and L–DEO has requested an Langseth will shoot a 600-km long Seismic Airguns authorization to take 20 species of transect line twice; once using the marine mammals by Level B hydrophone streamer as the receiver The Langseth will deploy a 36-airgun harassment. Take is not expected to and once again using the OBSs. array, with a total volume of result from the use of the MBES, the Subsequent seismic operations will approximately 6,600 cubic inches (in3) SBP, the OBSs, or the magneto-telluric occur along two semi-circular arcs at a tow depth of 9 m (29.5 ft). The instruments for reasons discussed in (180 degrees) centered at the mid-point airguns are a mixture of Bolt 1500LL this notice. Also, NMFS does not expect of the 600-km long transect line with and Bolt 1900LLX airguns ranging in take to result from collision with the radii of 50 and 150 km, respectively. size from 40 to 360 in3, with a firing Langseth because it is a single vessel The Langseth will conduct additional pressure of 1,900 pounds per square moving at a relatively slow speeds seismic operations in the survey area inch. The dominant frequency during seismic acquisition within the associated with turns, airgun testing, components range from zero to 188 survey, for a relatively short period of and repeat coverage of any areas where Hertz (Hz). The array configuration time. It is likely that any marine the initial data quality is sub-standard. consists of four identical linear or mammal would be able to avoid the Data acquisition will include strings, with 10 airguns on each string; vessel. approximately 264 hours (hr) of airgun the first and last airguns will be spaced operation (11d × 24 hr). 16 m (52 ft) apart. Of the 10 airguns, Description of the Specified Activity The scientific team for this survey nine will fire simultaneously while the L–DEO’s proposed seismic survey is consists of Drs. J.B. Gaherty (L–DEO); D. tenth airgun will serve as a spare and scheduled to commence on November Lizarralde, J.A. Collins, and R. Evans will be turned on in case of failure of 26, 2011, and continue for (Woods Hole Oceanographic one of the other airguns. During the approximately 35 days ending on Institution); and G. Hirth (Brown multichannel seismic (MCS) survey, December 29, 2011. Some minor University). each airgun array will emit a pulse at deviation from these dates is possible, approximately 22-second (s) intervals depending on logistics, weather Vessel Specifications which corresponds to a shot interval of conditions, and the need to repeat some The Langseth, owned by NSF, is a approximately 50 m (164 ft). During lines if data quality is substandard. seismic research vessel with a OBS data acquisition, each airgun array Therefore, NMFS proposes to issue an propulsion system designed to be as will emit a longer pulse at authorization that extends to January 19, quiet as possible to avoid interference approximately 300-s intervals which 2012. with the seismic signals emanating from corresponds to a shot interval of Within this time period, the Langseth the airgun array. The vessel, which has approximately 650 m (2,132.5 ft). will conduct seismic operations a length of 71.5 m (235 feet (ft)); a beam During firing, the airguns will emit a deploying a 36-airgun array, a 6- of 17.0 m (56 ft); a maximum draft of 5.9 brief (approximately 0.1 s) pulse of kilometer (km) hydrophone streamer, m (19 ft); and a gross tonnage of 3,834 sound; during the intervening periods of and 34 OBSs. The Langseth will depart pounds, is powered by two 3,550 operations, the airguns will be silent. from Honolulu, Hawai’i on November horsepower (hp) Bergen BRG–6 diesel L–DEO will tow each array 26, 2011 and transit to the survey area engines which drive two propellers. approximately 100 m (328 ft) behind the in the central Pacific Ocean, Each propeller has four blades and the vessel and will distribute the array

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57961

across an area of approximately 24 by seafloor and the amount of sound Gulf of Mexico in 2007 and 2008. 16 m (78.7 by 52.5 ft) behind the transmitted in the near horizontal Results of the Gulf of Mexico calibration Langseth. directions is reduced. However, the study (Tolstoy et al., 2009) showed that airgun array also emits sounds that radii around the airguns for various Metrics Used in This Document travel horizontally toward non-target received levels varied with water depth This section includes a brief areas. and with array tow depth. explanation of the sound measurements The nominal source levels of the L–DEO used the results from the Gulf frequently used in the discussions of airgun array used by L–DEO on the of Mexico study to determine the acoustic effects in this document. Sound μ Langseth is 236 to 265 dB re: 1 Pa(p-p) algorithm for its model that calculates pressure is the sound force per unit and the rms value for a given airgun the exclusion zones (EZ) for the 36- area, and is usually measured in μ pulse is typically 16 dB re: 1 Pa lower airgun array and the single airgun. L– micropascals (μPa), where 1 pascal (Pa) than the peak-to-peak value. However, DEO uses these values to designate is the pressure resulting from a force of the difference between rms and peak or mitigation zones and to estimate take one newton exerted over an area of one peak-to-peak values for a given pulse (described in greater detail in Section square meter. Sound pressure level depends on the frequency content and VII of L–DEO’s application and Section (SPL) is expressed as the ratio of a duration of the pulse, among other measured sound pressure and a IV of the environmental analysis) for factors. marine mammals. reference level. The commonly used Accordingly, L–DEO has predicted reference pressure level in underwater the received sound levels in relation to Comparison of the Tolstoy et al. μ acoustics is 1 Pa, and the units for distance and direction from the 36- calibration study with L–DEO’s model μ SPLs are dB re: 1 Pa. airgun array and the single Bolt 1900LL for the Langseth’s 36-airgun array SPL (in decibels (dB)) = 20 log 40-in3 airgun, which will be used indicated that the model represents the (pressure/reference pressure) during power downs. A detailed actual received levels, within the first SPL is an instantaneous measurement description of L–DEO’s modeling for few kilometers, where the predicted and can be expressed as the peak, the marine seismic source arrays for species exclusions zones are located. However, peak-peak (p-p), or the root mean square mitigation is provided in Appendix A of the model for deep water (greater than (rms). Root mean square, which is the L–DEO’s application. These are the 1,000 m; 3,280 ft) overestimated the square root of the arithmetic average of nominal source levels applicable to received sound levels at a given the squared instantaneous pressure downward propagation. The effective distance but is still valid for defining values, is typically used in discussions source levels for horizontal propagation exclusion zones at various tow depths. of the effects of sounds on vertebrates are lower than those for downward Because the tow depth of the array in and all references to SPL in this propagation because of the directional the calibration study is less shallow document refer to the root mean square nature of the sound from the airgun (3 m; 9.8 ft) than the tow depth array in unless otherwise noted. SPL does not array. the proposed survey (9 m; 29.5 ft), L– take the duration of a sound into Appendix B of L–DEO’s DEO used correction factors for account. environmental analysis discusses the estimating the received levels in deep characteristics of the airgun pulses. water during the proposed survey. The Characteristics of the Airgun Pulses NMFS refers the reviewers to the correction factors used were the ratios of Airguns function by venting high- application and environmental analysis the 160- and 180-dB distances from the 3 pressure air into the water which creates documents for additional information. modeled results for the 6,600 in airgun an air bubble. The pressure signature of array towed at 6 m (19.7 ft) versus 9 m an individual airgun consists of a sharp Predicted Sound Levels for the Airguns (29.5 ft) from LGL (2008); 1.285 and rise and then fall in pressure, followed Tolstoy et al., (2009) reported results 1.3381 respectively. by several positive and negative for propagation measurements of pulses Table 1 summarizes the predicted pressure excursions caused by the from the Langseth’s 36-airgun, 6,600 in3 distances at which sound levels (160- oscillation of the resulting air bubble. array in shallow-water (approximately and 180-dB) are expected to be received The oscillation of the air bubble 50 m (164 ft)) and deep-water depths from the 36-airgun array and a single transmits sounds downward through the (approximately 1,600 m (5,249 ft)) in the airgun operating in deep water.

TABLE 1—MEASURED (ARRAY) OR PREDICTED (SINGLE AIRGUN) DISTANCES TO WHICH SOUND LEVELS GREATER THAN OR EQUAL TO 160 AND 180 dB RE: 1 μParms THAT COULD BE RECEIVED IN DEEP WATER USING A 36-AIRGUN ARRAY, AS WELL AS A SINGLE AIRGUN TOWED AT A DEPTH OF 9 M (29.5 FT) DURING THE PROPOSED SURVEY IN THE CENTRAL PACIFIC OCEAN, DURING NOVEMBER, 2011–JANUARY, 2012 [Distances are based on model results provided by L–DEO.]

Predicted RMS distances Source and volume Water depth (m) 160 dB 180 dB

Single Bolt airgun (40 in3) ...... Deep 385 40

36-Airgun Array ...... (> 1,000 m) 3,850 940

Appendix A of the environmental environmental analysis documents for Ocean Bottom Seismometer analysis discusses L–DEO’s calculations additional information. for the model. NMFS refers the L–DEO proposes to use the Woods reviewers to the application and Hole Oceanographic Institution (WHOI)

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57962 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

‘‘D2’’ OBS during the cruise. This type during airgun and MBES operations to Description of the Marine Mammals in of OBS is approximately one meter in provide information about the the Area of the Proposed Specified height and has a maximum diameter of sedimentary features and bottom Activity 50 centimeters (cm). The anchor (2.5 × topography. The SBP is capable of × Twenty-six marine mammal species 30.5 38.1 cm) is made of hot-rolled reaching depths of 10,000 m (6.2 mi). may occur in the proposed survey area, steel and weighs 23 kilograms (kg). The The dominant frequency component of including 19 odontocetes (toothed acoustic release transponder used to the SBP is 3.5 kHz which is directed cetaceans), 6 mysticetes (baleen whales) communicate with the OBS uses ° downward in a 27 cone by a hull- and one species of pinniped during frequencies of 9 to 13 kHz. The source mounted transducer on the vessel. The November through December. Six of level of the release signal is 190 dB re: nominal power output is 10 kilowatts these species are listed as endangered 1 μPa. (kW), but the actual maximum radiated under the U.S. Endangered Species Act Multibeam Echosounder power is three kW or 222 dB re: 1 μPa. of 1973 (ESA; 16 U.S.C. 1531 et seq.), The ping duration is up to 64 ms with The Langseth will operate a including the humpback (Megaptera Kongsberg EM 122 MBES concurrently a pulse interval of one second, but a novaeangliae), sei (Balaenoptera during airgun operations to map common mode of operation is to borealis), fin (Balaenoptera physalus), characteristics of the ocean floor. The broadcast five pulses at 1-s intervals blue (Balaenoptera musculus), and hull-mounted MBES emits brief pulses followed by a 5-s pause. sperm (Physeter macrocephalus) whale of sound (also called a ping) (10.5 to NMFS expects that acoustic stimuli and the Hawaiian monk seal (Monachus 13 kilohertz (kHz)) in a fan-shaped beam resulting from the proposed operation of schauinslandi). that extends downward and to the sides the single airgun or the 36-airgun array Hawaiian monk seals have the of the ship. The transmitting beamwidth has the potential to harass marine potential to transit in the vicinity of the is one or two degrees (°) fore-aft and mammals, incidental to the conduct of proposed seismic survey, although any 150° athwartship and the maximum the proposed seismic survey. NMFS occurrence would be rare as they are source level is 242 dB re: 1 μPa. expects these disturbances to be vagrants to the area. Based on available For deep-water operations, each ping temporary and result in a temporary data, L–DEO does not expect to consists of eight (in water greater than modification in behavior and/or low- encounter Hawaiian monk seals within 1,000 m; 3,280 ft) or four (less than level physiological effects (Level B the proposed survey area and does not 1,000 m; 3,280 ft) successive, fan- harassment only) of small numbers of present analysis for these species. Accordingly, NMFS will not consider shaped transmissions, from two to 15 certain species of marine mammals. this pinniped species in greater detail milliseconds (ms) in duration and each NMFS does not expect that the ° and the proposed IHA will only address ensonifying a sector that extends 1 fore- movement of the Langseth, during the requested take authorizations for aft. Continuous wave pulses increase conduct of the seismic survey, has the mysticetes and odontocetes. from two to potential to harass marine mammals The species of marine mammals 15 milliseconds (ms) long in water because of the relatively slow operation depths up to 2,600 m (8,530 ft). The expected to be most common in the speed of the vessel (4.6 kts; 8.5 km/hr; survey area (all delphinids) include the MBES uses frequency-modulated chirp 5.3 mph) during seismic acquisition. pulses up to 100-ms long in water pantropical spotted dolphin (Stenella greater than 2,600 m (8,530 ft). The eight Description of the Specified Geographic attenuata) and spinner dolphin successive transmissions span an Region (Stenella longirostris). overall cross-track angular extent of Table 2 presents information on the about 150°, with 2-ms gaps between the The survey will encompass the area abundance, distribution, and ° ° pulses for successive sectors. bounded by 5–10 N, 150–156 W in conservation status of the marine international waters in the central mammals that may occur in the Sub-Bottom Profiler Pacific Ocean (see Figure 1 in L–DEO’s proposed survey area November, 2011 The Langseth will also operate a application). Water depth in the survey through January, 2012. Knudsen Chirp 3260 SBP concurrently area is approximately 5,000 m (3.1 mi). BILLING CODE 3510–22–P

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57963

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4725 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.005 57964 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

BILLING CODE 3510–22–C available data and studies described waters between August 2004 and May Refer to Sections III and IV of L– here, some behavioral disturbance is 2005. She recorded a total of 207 DEO’s application for detailed expected, but NMFS expects the sightings of humpback whales (n = 66), information regarding the abundance disturbance to be localized and short- sperm whales (n = 124), and Atlantic and distribution, population status, and term. spotted dolphins (n = 17) and reported life history and behavior of these that there were no significant Tolerance to Sound species and their occurrence in the differences in encounter rates proposed project area. The application Studies on marine mammals’ (sightings/hr) for humpback and sperm also presents how L–DEO calculated the tolerance to sound in the natural whales according to the airgun array’s estimated densities for the marine environment are relatively rare. operational status (i.e., active versus mammals in the proposed survey area. Richardson et al. (1995) defines silent). NMFS has reviewed these data and tolerance as the occurrence of marine determined them to be the best available mammals in areas where they are Masking of Natural Sounds scientific information for the purposes exposed to human activities or man- The term masking refers to the of the proposed IHA. made noise. In many cases, tolerance inability of a subject to recognize the develops by the animal habituating to occurrence of an acoustic stimulus as a Potential Effects on Marine Mammals the stimulus (i.e., the gradual waning of result of the interference of another Acoustic stimuli generated by the responses to a repeated or ongoing acoustic stimulus (Clark et al., 2009). operation of the airguns, which stimulus) (Richardson et al., 1995; Introduced underwater sound may, introduce sound into the marine Thorpe, 1963), but because of ecological through masking, reduce the effective environment, may have the potential to or physiological requirements, many communication distance of a marine cause Level B harassment of marine marine animals may need to remain in mammal species if the frequency of the mammals in the proposed survey area. areas where they are exposed to chronic source is close to that used as a signal The effects of sounds from airgun stimuli (Richardson et al., 1995). by the marine mammal, and if the operations might include one or more of Numerous studies have shown that anthropogenic sound is present for a the following: Tolerance, masking of pulsed sounds from airguns are often significant fraction of the time natural sounds, behavioral disturbance, readily detectable in the water at (Richardson et al., 1995). temporary or permanent impairment, or distances of many kilometers. Malme et Masking effects of pulsed sounds non-auditory physical or physiological al., (1985) studied the responses of (even from large arrays of airguns) on effects (Richardson et al., 1995; Gordon humpback whales on their summer marine mammal calls and other natural et al., 2004; Nowacek et al., 2007; feeding grounds in southeast Alaska to sounds are expected to be limited. Southall et al., 2007). seismic pulses from an airgun with a Because of the intermittent nature and Permanent hearing impairment, in the total volume of 100-in3. They noted that low duty cycle of seismic airgun pulses, unlikely event that it occurred, would the whales did not exhibit persistent animals can emit and receive sounds in constitute injury, but temporary avoidance when exposed to the airgun the relatively quiet intervals between threshold shift (TTS) is not an injury and concluded that there was no clear pulses. However, in some situations, (Southall et al., 2007). Although the evidence of avoidance, despite the reverberation occurs for much or the possibility cannot be entirely excluded, possibility of subtle effects, at received entire interval between pulses (e.g., it is unlikely that the proposed project levels up to 172 dB: re 1 μPa. Simard et al., 2005; Clark and Gagnon, would result in any cases of temporary Weir (2008) observed marine mammal 2006) which could mask calls. Some or permanent hearing impairment, or responses to seismic pulses from a 24- baleen and toothed whales are known to any significant non-auditory physical or airgun array firing a total volume of continue calling in the presence of physiological effects. Based on the either 5,085 in3 or 3,147 in3 in Angolan seismic pulses, and their calls can

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.006 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57965

usually be heard between the seismic numbers of marine mammals that would McCauley et al. (1998, 2000) studied pulses (e.g., Richardson et al., 1986; be affected in some biologically- the responses of humpback whales off McDonald et al., 1995; Greene et al., important manner. western Australia to a full-scale seismic 1999; Nieukirk et al., 2004; Smultea et The sound criteria used to estimate survey with a 16-airgun array (2,678-in3) al., 2004; Holst et al., 2005a,b, 2006; and how many marine mammals might be and to a single airgun (20-in3) with Dunn and Hernandez, 2009). However, disturbed to some biologically- source level of 227 dB re: 1 μPa(p-p). In Clark and Gagnon (2006) reported that important degree by a seismic program the 1998 study, they documented that fin whales in the northeast Pacific are based primarily on behavioral avoidance reactions began at five to Ocean went silent for an extended observations of a few species. Scientists eight km from the array, and that those period starting soon after the onset of a have conducted detailed studies on reactions kept most pods approximately seismic survey in the area. Similarly, humpback, gray, bowhead (Balaena three to four km from the operating there has been one report that sperm mysticetus), and sperm whales. Less seismic boat. In the 2000 study, they whales ceased calling when exposed to detailed data are available for some noted localized displacement during pulses from a very distant seismic ship other species of baleen whales, small migration of four to five km by traveling (Bowles et al., 1994). However, more toothed whales, and sea otters (Enhydra pods and seven to 12 km by more recent studies found that they continued lutris), but for many species there are no sensitive resting pods of cow-calf pairs. calling in the presence of seismic pulses data on responses to marine seismic Avoidance distances with respect to the (Madsen et al., 2002; Tyack et al., 2003; surveys. single airgun were smaller but Smultea et al., 2004; Holst et al., 2006; Baleen Whales—Baleen whales consistent with the results from the full and Jochens et al., 2008). Dolphins and generally tend to avoid operating array in terms of the received sound porpoises commonly are heard calling airguns, but avoidance radii are quite levels. The mean received level for while airguns are operating (e.g., variable (reviewed in Richardson, et al., initial avoidance of an approaching Gordon et al., 2004; Smultea et al., 2004; 1995). Whales are often reported to airgun was 140 dB re: 1 μPa for Holst et al., 2005a, b; and Potter et al., show no overt reactions to pulses from humpback pods containing females, and 2007). The sounds important to small large arrays of airguns at distances at the mean closest point of approach odontocetes are predominantly at much beyond a few kilometers, even though distance the received level was 143 dB higher frequencies than are the the airgun pulses remain well above re: 1 μPa. The initial avoidance response dominant components of airgun sounds, ambient noise levels out to much longer generally occurred at distances of five to thus limiting the potential for masking. distances. However, as reviewed in eight km from the airgun array and two In general, NMFS expects the masking Appendix B (5.1) of L–DEO’s km from the single airgun. However, effects of seismic pulses to be minor, environmental analysis, baleen whales some individual humpback whales, given the normally intermittent nature exposed to strong noise pulses from especially males, approached within of seismic pulses. Refer to Appendix B airguns often react by deviating from distances of 100 to 400 m (328 to 1,312 (4) of L–DEO’s environmental analysis their normal migration route and/or ft), where the maximum received level for a more detailed discussion of interrupting their feeding and moving was 179 dB re: 1 μPa. masking effects on marine mammals. away. In the cases of migrating gray and Humpback whales on their summer bowhead whales, the observed changes feeding grounds in southeast Alaska did Behavioral Disturbance in behavior appeared to be of little or no not exhibit persistent avoidance when Disturbance includes a variety of biological consequence to the animals exposed to seismic pulses from a 1.64– effects, including subtle to conspicuous (Richardson et al., 1995). They simply L (100-in3) airgun (Malme et al., 1985). changes in behavior, movement, and avoided the sound source by displacing Some humpbacks seemed ‘‘startled’’ at displacement. Reactions to sound, if their migration route to varying degrees, received levels of 150 to 169 dB re: 1 any, depend on species, state of but within the natural boundaries of the μPa. Malme et al. (1985) concluded that maturity, experience, current activity, migration corridors. there was no clear evidence of reproductive state, time of day, and Studies of gray, bowhead, and avoidance, despite the possibility of many other factors (Richardson et al., humpback whales have shown that subtle effects, at received levels up to 1995; Wartzok et al., 2004; Southall et seismic pulses with received levels of 172 dB re: 1 μPa. al., 2007; Weilgart, 2007). If a marine 160 to 170 dB re: 1 μPa seem to cause Studies have suggested that south mammal does react briefly to an obvious avoidance behavior in a Atlantic humpback whales wintering off underwater sound by changing its substantial fraction of the animals Brazil may be displaced or even strand behavior or moving a small distance, the exposed (Malme et al., 1986, 1988; upon exposure to seismic surveys (Engel impacts of the change are unlikely to be Richardson et al., 1995). In many areas, et al., 2004). The evidence for this was significant to the individual, let alone seismic pulses from large arrays of circumstantial and subject to alternative the stock or population. However, if a airguns diminish to those levels at explanations (IAGC, 2004). Also, the sound source displaces marine distances ranging from four to 15 km evidence was not consistent with mammals from an important feeding or from the source. A substantial subsequent results from the same area of breeding area for a prolonged period, proportion of the baleen whales within Brazil (Parente et al., 2006), or with impacts on individuals and populations those distances may show avoidance or direct studies of humpbacks exposed to could be significant (e.g., Lusseau and other strong behavioral reactions to the seismic surveys in other areas and Bejder, 2007; Weilgart, 2007). Given the airgun array. Subtle behavioral changes seasons. After allowance for data from many uncertainties in predicting the sometimes become evident at somewhat subsequent years, there was no quantity and types of impacts of noise lower received levels, and studies observable direct correlation between on marine mammals, it is common summarized in Appendix B (5.1) of L– strandings and seismic surveys (IWC, practice to estimate how many DEO’s environmental analysis have 2007:236). mammals would be present within a shown that some species of baleen There are no data on reactions of right particular distance of industrial whales, notably bowhead and whales to seismic surveys, but results activities and/or exposed to a particular humpback whales, at times, show strong from the closely-related bowhead whale level of industrial sound. In most cases, avoidance at received levels lower than show that their responsiveness can be this approach likely overestimates the 160–170 dB re: 1 μPa. quite variable depending on their

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57966 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

activity (migrating versus feeding). (mainly fin and sei whales) were similar 2009). There is an increasing amount of Bowhead whales migrating west across when large arrays of airguns were information about responses of various the Alaskan Beaufort Sea in autumn, in shooting vs. silent (Stone, 2003; Stone odontocetes to seismic surveys based on particular, are unusually responsive, and Tasker, 2006). However, these monitoring studies (e.g., Stone, 2003; with substantial avoidance occurring whales tended to exhibit localized Smultea et al., 2004; Moulton and out to distances of 20 to 30 km from a avoidance, remaining significantly Miller, 2005; Bain and Williams, 2006; medium-sized airgun source at received further (on average) from the airgun Holst et al., 2006; Stone and Tasker, sound levels of around 120 to 130 dB re: array during seismic operations 2006; Potter et al., 2007; Hauser et al., 1 μPa (Miller et al., 1999; Richardson et compared with non-seismic periods 2008; Holst and Smultea, 2008; Weir, al., 1999; see Appendix B (5) of L–DEO’s (Stone and Tasker, 2006). In a study off 2008; Barkaszi et al., 2009; Richardson environmental analysis). However, more of Nova Scotia, Moulton and Miller et al., 2009). recent research on bowhead whales (2005) found little difference in sighting Seismic operators and marine (Miller et al., 2005; Harris et al., 2007) rates (after accounting for water depth) mammal observers on seismic vessels corroborates earlier evidence that, and initial sighting distances of regularly see dolphins and other small during the summer feeding season, balaenopterid whales when airguns toothed whales near operating airgun bowheads are not as sensitive to seismic were operating vs. silent. However, arrays, but in general there is a tendency sources. Nonetheless, subtle but there were indications that these whales for most delphinids to show some statistically significant changes in were more likely to be moving away avoidance of operating seismic vessels surfacing-respiration-dive cycles were when seen during airgun operations. (e.g., Goold, 1996a,b,c; Calambokidis evident upon statistical analysis Similarly, ship-based monitoring and Osmek, 1998; Stone, 2003; Moulton (Richardson et al., 1986). In the studies of blue, fin, sei and minke and Miller, 2005; Holst et al., 2006; summer, bowheads typically begin to whales offshore of Newfoundland Stone and Tasker, 2006; Weir, 2008; show avoidance reactions at received (Orphan Basin and Laurentian Sub- Richardson et al., 2009; see also μ levels of about 152 to 178 dB re: 1 Pa basin) found no more than small Barkaszi et al., 2009). Some dolphins (Richardson et al., 1986, 1995; differences in sighting rates and swim seem to be attracted to the seismic Ljungblad et al., 1988; Miller et al., directions during seismic versus non- vessel and floats, and some ride the bow 2005). seismic periods (Moulton et al., 2005, wave of the seismic vessel even when Reactions of migrating and feeding 2006a,b). Data on short-term reactions large arrays of airguns are firing (e.g., (but not wintering) gray whales to by cetaceans to impulsive noises are not Moulton and Miller, 2005). Nonetheless, seismic surveys have been studied. necessarily indicative of long-term or small toothed whales more often tend to Malme et al. (1986, 1988) studied the biologically significant effects. It is not head away, or to maintain a somewhat responses of feeding eastern Pacific gray known whether impulsive sounds affect greater distance from the vessel, when a 3 whales to pulses from a single 100-in reproductive rate or distribution and large array of airguns is operating than airgun off St. Lawrence Island in the habitat use in subsequent days or years. when it is silent (e.g., Stone and Tasker, northern Bering Sea. They estimated, However, gray whales have continued to 2006; Weir, 2008). In most cases, the based on small sample sizes, that 50 migrate annually along the west coast of avoidance radii for delphinids appear to percent of feeding gray whales stopped North America with substantial be small, on the order of one km less, feeding at an average received pressure increases in the population over recent and some individuals show no apparent μ avoidance. The beluga whale level of 173 dB re: 1 Pa on an years, despite intermittent seismic (approximate) rms basis, and that 10 (Delphinapterus leucas) is a species that exploration (and much ship traffic) in percent of feeding whales interrupted (at least at times) shows long-distance that area for decades (Appendix A in feeding at received levels of 163 dB re: avoidance of seismic vessels. Aerial Malme et al., 1984; Richardson et al., 1 μPa. Those findings were generally surveys conducted in the southeastern 1995; Allen and Angliss, 2010). The consistent with the results of Beaufort Sea during summer found that western Pacific gray whale population experiments conducted on larger sighting rates of beluga whales were did not seem affected by a seismic numbers of gray whales that were significantly lower at distances 10 to 20 survey in its feeding ground during a migrating along the California coast km compared with 20 to 30 km from an previous year (Johnson et al., 2007). (Malme et al., 1984; Malme and Miles, operating airgun array, and observers on Similarly, bowhead whales have 1985), and western Pacific gray whales seismic boats in that area rarely see feeding off Sakhalin Island, Russia continued to travel to the eastern belugas (Miller et al., 2005; Harris et al., (Wursig et al., 1999; Gailey et al., 2007; Beaufort Sea each summer, and their 2007). Johnson et al., 2007; Yazvenko et al., numbers have increased notably, Captive bottlenose dolphins (Tursiops 2007a, b), along with data on gray despite seismic exploration in their truncatus) and beluga whales exhibited whales off British Columbia (Bain and summer and autumn range for many changes in behavior when exposed to Williams, 2006). years (Richardson et al., 1987; Angliss strong pulsed sounds similar in Various species of Balaenoptera (blue, and Allen, 2009). duration to those typically used in sei, fin, and minke whales) have Toothed Whales—Little systematic seismic surveys (Finneran et al., 2000, occasionally been seen in areas information is available about reactions 2002, 2005). However, the animals ensonified by airgun pulses (Stone, of toothed whales to noise pulses. Few tolerated high received levels of sound 2003; MacLean and Haley, 2004; Stone studies similar to the more extensive before exhibiting aversive behaviors. and Tasker, 2006), and calls from blue baleen whale/seismic pulse work Results for porpoises depend on and fin whales have been localized in summarized above and (in more detail) species. The limited available data areas with airgun operations (e.g., in Appendix B of L–DEO’s suggest that harbor porpoises (Phocoena McDonald et al., 1995; Dunn and environmental analysis have been phocoena) show stronger avoidance of Hernandez, 2009). Sightings by reported for toothed whales. However, seismic operations than do Dall’s observers on seismic vessels off the there are recent systematic studies on porpoises (Phocoenoides dalli) (Stone, United Kingdom from 1997 to 2000 sperm whales (e.g., Gordon et al., 2006; 2003; MacLean and Koski, 2005; Bain suggest that, during times of good Madsen et al., 2006; Winsor and Mate, and Williams, 2006; Stone and Tasker, sightability, sighting rates for mysticetes 2006; Jochens et al., 2008; Miller et al., 2006). Dall’s porpoises seem relatively

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57967

tolerant of airgun operations (MacLean strandings are apparently a disturbance published data concern TTS elicited by and Koski, 2005; Bain and Williams, response, although auditory or other exposure to multiple pulses of sound. 2006), although they too have been injuries or other physiological effects Available data on TTS in marine observed to avoid large arrays of may also be involved. Whether beaked mammals are summarized in Southall et operating airguns (Calambokidis and whales would ever react similarly to al. (2007). Table 1 presents the distances Osmek, 1998; Bain and Williams, 2006). seismic surveys is unknown. Seismic from the Langseth’s airguns at which the This apparent difference in survey sounds are quite different from received energy level (per pulse, flat- responsiveness of these two porpoise those of the sonar in operation during weighted) that would be expected to be species is consistent with their relative the above-cited incidents. greater than or equal to 180 dB re: 1 μPa. responsiveness to boat traffic and some Odontocete reactions to large arrays of To avoid the potential for injury, other acoustic sources (Richardson et airguns are variable and, at least for NMFS (1995, 2000) concluded that al., 1995; Southall et al., 2007). delphinids and Dall’s porpoises, seem to cetaceans should not be exposed to Most studies of sperm whales exposed be confined to a smaller radius than has pulsed underwater noise at received to airgun sounds indicate that the sperm been observed for the more responsive levels exceeding 180 dB re: 1 μPa. whale shows considerable tolerance of of the mysticetes, belugas, and harbor NMFS believes that to avoid the airgun pulses (e.g., Stone, 2003; porpoises (See Appendix B of L–DEO’s potential for permanent physiological Moulton et al., 2005, 2006a; Stone and environmental analysis). damage (Level A harassment), cetaceans Tasker, 2006; Weir, 2008). In most cases Hearing Impairment and Other Physical should not be exposed to pulsed the whales do not show strong Effects underwater noise at received levels avoidance, and they continue to call exceeding 180 dB re: 1 μPa. The 180-dB Exposure to high intensity sound for (see Appendix B of L–DEO’s level is a shutdown criterion applicable a sufficient duration may result in environmental analysis for review). to cetaceans, as specified by NMFS auditory effects such as a noise-induced However, controlled exposure (2000); these levels were used to threshold shift—an increase in the experiments in the Gulf of Mexico establish the EZs. NMFS also assumes auditory threshold after exposure to indicate that foraging behavior was that cetaceans exposed to levels altered upon exposure to airgun sound noise (Finneran, Carder, Schlundt, and μ Ridgway, 2005). Factors that influence exceeding 160 dB re: 1 Pa (rms) may (Jochens et al., 2008; Miller et al., 2009; experience Level B harassment. Tyack, 2009). the amount of threshold shift include There are almost no specific data on the amplitude, duration, frequency Researchers have derived TTS the behavioral reactions of beaked content, temporal pattern, and energy information for odontocetes from whales to seismic surveys. However, distribution of noise exposure. The studies on the bottlenose dolphin and some northern bottlenose whales magnitude of hearing threshold shift beluga. For the one harbor porpoise (Hyperoodon ampullatus) remained in normally decreases over time following tested, the received level of airgun the general area and continued to cessation of the noise exposure. The sound that elicited onset of TTS was produce high-frequency clicks when amount of threshold shift just after lower (Lucke et al., 2009). If these exposed to sound pulses from distant exposure is called the initial threshold results from a single animal are seismic surveys (Gosselin and Lawson, shift. If the threshold shift eventually representative, it is inappropriate to 2004; Laurinolli and Cochrane, 2005; returns to zero (i.e., the threshold assume that onset of TTS occurs at Simard et al., 2005). Most beaked returns to the pre-exposure value), it is similar received levels in all whales tend to avoid approaching called temporary threshold shift (TTS) odontocetes (cf. Southall et al., 2007). vessels of other types (e.g., Wursig et al., (Southall et al., 2007). Some cetaceans apparently can incur 1998). They may also dive for an Researchers have studied TTS in TTS at considerably lower sound extended period when approached by a certain captive odontocetes and exposures than are necessary to elicit vessel (e.g., Kasuya, 1986), although it is pinnipeds exposed to strong sounds TTS in the beluga or bottlenose dolphin. uncertain how much longer such dives (reviewed in Southall et al., 2007). For baleen whales, there are no data, may be as compared to dives by However, there has been no specific direct or indirect, on levels or properties undisturbed beaked whales, which also documentation of TTS let alone of sound that are required to induce are often quite long (Baird et al., 2006; permanent hearing damage, i.e., TTS. The frequencies to which baleen Tyack et al., 2006). Based on a single permanent threshold shift (PTS), in free- whales are most sensitive are assumed observation, Aguilar-Soto et al. (2006) ranging marine mammals exposed to to be lower than those to which suggested that foraging efficiency of sequences of airgun pulses during odontocetes are most sensitive, and Cuvier’s beaked whales (Ziphius realistic field conditions. natural background noise levels at those cavirostris) may be reduced by close Temporary Threshold Shift—TTS is low frequencies tend to be higher. As a approach of vessels. In any event, it is the mildest form of hearing impairment result, auditory thresholds of baleen likely that most beaked whales would that can occur during exposure to a whales within their frequency band of also show strong avoidance of an strong sound (Kryter, 1985). While best hearing are believed to be higher approaching seismic vessel, although experiencing TTS, the hearing threshold (less sensitive) than are those of this has not been documented rises and a sound must be stronger in odontocetes at their best frequencies explicitly. order to be heard. At least in terrestrial (Clark and Ellison, 2004). From this, it There are increasing indications that mammals, TTS can last from minutes or is suspected that received levels causing some beaked whales tend to strand hours to (in cases of strong TTS) days. TTS onset may also be higher in baleen when naval exercises involving mid- For sound exposures at or somewhat whales (Southall et al., 2007). For this frequency sonar operation are ongoing above the TTS threshold, hearing proposed study, L–DEO expects no nearby (e.g., Simmonds and Lopez- sensitivity in both terrestrial and marine cases of TTS given: (1) The low Jurado, 1991; Frantzis, 1998; NOAA and mammals recovers rapidly after abundance of baleen whales in the USN, 2001; Jepson et al., 2003; exposure to the noise ends. Few data on planned study area at the time of the Hildebrand, 2005; Barlow and Gisiner, sound levels and durations necessary to survey; and (2) the strong likelihood 2006; see also the Stranding and elicit mild TTS have been obtained for that baleen whales would avoid the Mortality section in this notice). These marine mammals, and none of the approaching airguns (or vessel) before

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57968 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

being exposed to levels high enough for stranding even in the case of large seismic surveys on marine mammals. TTS to occur. airgun arrays. However, the association However, evidence that sonar signals Permanent Threshold Shift—When of strandings of beaked whales with can, in special circumstances, lead (at PTS occurs, there is physical damage to naval exercises involving mid-frequency least indirectly) to physical damage and the sound receptors in the ear. In severe active sonar and, in one case, an L–DEO mortality (e.g., Balcomb and Claridge, cases, there can be total or partial seismic survey (Malakoff, 2002; Cox et 2001; NOAA and USN, 2001; Jepson et deafness, whereas in other cases, the al., 2006), has raised the possibility that al., 2003; Ferna´ndez et al., 2004, 2005; animal has an impaired ability to hear beaked whales exposed to strong Hildebrand 2005; Cox et al., 2006) sounds in specific frequency ranges ‘‘pulsed’’ sounds may be especially suggests that caution is warranted when (Kryter, 1985). There is no specific susceptible to injury and/or behavioral dealing with exposure of marine evidence that exposure to pulses of reactions that can lead to stranding (e.g., mammals to any high-intensity airgun sound can cause PTS in any Hildebrand, 2005; Southall et al., 2007). ‘‘pulsed’’ sound. marine mammal, even with large arrays Appendix B (6) of L–DEO’s There is no conclusive evidence of of airguns. However, given the environmental analysis provides cetacean strandings or deaths at sea as possibility that mammals close to an additional details. a result of exposure to seismic surveys, airgun array might incur at least mild Specific sound-related processes that but a few cases of strandings in the TTS, there has been further speculation lead to strandings and mortality are not general area where a seismic survey was about the possibility that some well documented, but may include: ongoing have led to speculation individuals occurring very close to (1) Swimming in avoidance of a concerning a possible link between airguns might incur PTS (e.g., sound into shallow water; seismic surveys and strandings. Richardson et al., 1995, p. 372ff; (2) A change in behavior (such as a Suggestions that there was a link Gedamke et al., 2008). Single or change in diving behavior) that might between seismic surveys and strandings occasional occurrences of mild TTS are contribute to tissue damage, gas bubble of humpback whales in Brazil (Engel et not indicative of permanent auditory formation, hypoxia, cardiac arrhythmia, al., 2004) were not well founded (IAGC, damage, but repeated or (in some cases) hypertensive hemorrhage or other forms 2004; IWC, 2007). In September 2002, single exposures to a level well above of trauma; there was a stranding of two Cuvier’s that causing TTS onset might elicit PTS. (3) A physiological change such as a beaked whales in the Gulf of California, Relationships between TTS and PTS vestibular response leading to a Mexico, when the L DEO vessel R/V thresholds have not been studied in behavioral change or stress-induced Maurice Ewing was operating a 20- marine mammals, but are assumed to be hemorrhagic diathesis, leading in turn airgun (8,490 in3) array in the general similar to those in humans and other to tissue damage; and area. The link between the stranding terrestrial mammals. PTS might occur at (4) Tissue damage directly from sound and the seismic surveys was a received sound level at least several exposure, such as through acoustically- inconclusive and not based on any decibels above that inducing mild TTS mediated bubble formation and growth physical evidence (Hogarth, 2002; if the animal were exposed to strong or acoustic resonance of tissues. Some Yoder, 2002). Nonetheless, the Gulf of sound pulses with rapid rise time–see of these mechanisms are unlikely to California incident plus the beaked Appendix B (6) of L–DEO’s apply in the case of impulse sounds. whale strandings near naval exercises environmental analysis. Based on data However, there are increasing involving use of mid-frequency sonar from terrestrial mammals, a indications that gas-bubble disease suggests a need for caution in precautionary assumption is that the (analogous to the bends), induced in conducting seismic surveys in areas PTS threshold for impulse sounds (such supersaturated tissue by a behavioral occupied by beaked whales until more as airgun pulses as received close to the response to acoustic exposure, could be is known about effects of seismic source) is at least 6 dB higher than the a pathologic mechanism for the surveys on those species (Hildebrand, TTS threshold on a peak-pressure basis, strandings and mortality of some deep- 2005). No injuries of beaked whales are and probably greater than six dB diving cetaceans exposed to sonar. anticipated during the proposed study (Southall et al., 2007). However, the evidence for this remains because of: Given the higher level of sound circumstantial and associated with (1) The high likelihood that any necessary to cause PTS as compared exposure to naval mid-frequency sonar, beaked whales nearby would avoid the with TTS, it is considerably less likely not seismic surveys (Cox et al., 2006; approaching vessel before being that PTS would occur. Baleen whales Southall et al., 2007). exposed to high sound levels, generally avoid the immediate area Seismic pulses and mid-frequency (2) Differences between the sound around operating seismic vessels, as do sonar signals are quite different, and sources operated by L–DEO and those some other marine mammals. some mechanisms by which sonar involved in the naval exercises Stranding and Mortality—Marine sounds have been hypothesized to affect associated with strandings. mammals close to underwater beaked whales are unlikely to apply to Non-auditory Physiological Effects— detonations of high explosives can be airgun pulses. Sounds produced by Non-auditory physiological effects or killed or severely injured, and the airgun arrays are broadband impulses injuries that theoretically might occur in auditory organs are especially with most of the energy below one kHz. marine mammals exposed to strong susceptible to injury (Ketten et al., 1993; Typical military mid-frequency sonar underwater sound include stress, Ketten, 1995). However, explosives are emits non-impulse sounds at neurological effects, bubble formation, no longer used for marine waters for frequencies of two to 10 kHz, generally resonance, and other types of organ or commercial seismic surveys or (with with a relatively narrow bandwidth at tissue damage (Cox et al., 2006; Southall rare exceptions) for seismic research; any one time. A further difference et al., 2007). Studies examining such they have been replaced entirely by between seismic surveys and naval effects are limited. However, resonance airguns or related non-explosive pulse exercises is that naval exercises can effects (Gentry, 2002) and direct noise- generators. Airgun pulses are less involve sound sources on more than one induced bubble formations (Crum et al., energetic and have slower rise times, vessel. Thus, it is not appropriate to 2005) are implausible in the case of and there is no specific evidence that assume that there is a direct connection exposure to an impulsive broadband they can cause serious injury, death, or between the effects of military sonar and source like an airgun array. If seismic

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57969

surveys disrupt diving patterns of deep- swimming at speeds similar to the typically involved what appeared to be diving species, this might perhaps result vessel in order to receive the multiple deliberate attempts to avoid the sound in bubble formation and a form of the pulses that might result in sufficient exposure (Schlundt et al., 2000; bends, as speculated to occur in beaked exposure to cause TTS. Finneran et al., 2002; Finneran and whales exposed to sonar. However, Navy sonars that have been linked to Schlundt, 2004). The relevance of those there is no specific evidence of this avoidance reactions and stranding of data to free-ranging odontocetes is upon exposure to airgun pulses. cetaceans: (1) Generally have longer uncertain, and in any case, the test In general, very little is known about pulse duration than the Kongsberg EM sounds were quite different in duration the potential for seismic survey sounds 122; and (2) are often directed close to as compared with those from an MBES. (or other types of strong underwater horizontally versus more downward for Hearing Impairment and Other sounds) to cause non-auditory physical the MBES. The area of possible Physical Effects—Given recent stranding effects in marine mammals. Such influence of the MBES is much events that have been associated with effects, if they occur at all, would smaller—a narrow band below the the operation of naval sonar, there is presumably be limited to short distances source vessel. Also, the duration of concern that mid-frequency sonar and to activities that extend over a exposure for a given marine mammal sounds can cause serious impacts to prolonged period. The available data do can be much longer for naval sonar. marine mammals (see above). However, not allow identification of a specific During L–DEO’s operations, the the MBES proposed for use by L–DEO exposure level above which non- individual pulses will be very short, and is quite different than sonar used for auditory effects can be expected a given mammal would not receive navy operations. Pulse duration of the (Southall et al., 2007), or any many of the downward-directed pulses MBES is very short relative to the naval meaningful quantitative predictions of as the vessel passes by. Possible effects sonar. Also, at any given location, an the numbers (if any) of marine mammals of an MBES on marine mammals are individual marine mammal would be in that might be affected in those ways. outlined below. the beam of the MBES for much less Marine mammals that show behavioral Masking—Marine mammal time given the generally downward avoidance of seismic vessels, including communications will not be masked orientation of the beam and its narrow most baleen whales and some appreciably by the MBES signals given fore-aft beamwidth; navy sonar often the low duty cycle of the echosounder odontocetes, are especially unlikely to uses near-horizontally-directed sound. and the brief period when an individual incur non-auditory physical effects. Those factors would all reduce the mammal is likely to be within its beam. sound energy received from the MBES Potential Effects of Other Acoustic Furthermore, in the case of baleen rather drastically relative to that from Devices whales, the MBES signals (12 kHz) do naval sonar. MBES not overlap with the predominant frequencies in the calls, which would Based upon the best available science, L–DEO will operate the Kongsberg EM avoid any significant masking. NMFS believes that the brief exposure 122 MBES from the source vessel during Behavioral Responses—Behavioral of marine mammals to one pulse, or the planned study. Sounds from the reactions of free-ranging marine small numbers of signals, from the MBES are very short pulses, occurring mammals to sonars, echosounders, and MBES is not likely to result in the for two to 15 ms once every five to 20 other sound sources appear to vary by harassment of marine mammals. s, depending on water depth. Most of species and circumstance. Observed SBP the energy in the sound pulses emitted reactions have included silencing and by this MBES is at frequencies near 12 dispersal by sperm whales (Watkins et L–DEO will also operate an SBP from kHz, and the maximum source level is al., 1985), increased vocalizations and the source vessel during the proposed 242 dB re: 1 μPa. The beam is narrow no dispersal by pilot whales survey. Sounds from the SBP are very (1 to 2ß) in fore-aft extent and wide (Globicephala melas) (Rendell and short pulses, occurring for one to four (150ß) in the cross-track extent. Each Gordon, 1999), and the previously- ms once every second. Most of the ping consists of eight (in water greater mentioned beachings by beaked whales. energy in the sound pulses emitted by than 1,000 m deep) or four (less than During exposure to a 21 to 25 kHz the SBP is at 3.5 kHz, and the beam is 1,000 m deep) successive fan-shaped ‘‘whale-finding’’ sonar with a source directed downward. The sub-bottom transmissions (segments) at different level of 215 dB re: 1 μPa, gray whales profiler on the Langseth has a maximum μ cross-track angles. Any given mammal reacted by orienting slightly away from source level of 222 dB re: 1 Pa. at depth near the trackline would be in the source and being deflected from Kremser et al. (2005) noted that the the main beam for only one or two of their course by approximately 200 m probability of a cetacean swimming the segments. Also, marine mammals (Frankel, 2005). When a 38-kHz through the area of exposure when a that encounter the Kongsberg EM 122 echosounder and a 150-kHz acoustic bottom profiler emits a pulse is small— are unlikely to be subjected to repeated Doppler current profiler were even for an SBP more powerful than pulses because of the narrow fore–aft transmitting during studies in the that on the Langseth—if the animal was width of the beam and will receive only Eastern Tropical Pacific, baleen whales in the area, it would have to pass the limited amounts of pulse energy showed no significant responses, while transducer at close range and in order to because of the short pulses. Animals spotted and spinner dolphins were be subjected to sound levels that could close to the vessel (where the beam is detected slightly more often and beaked cause TTS. narrowest) are especially unlikely to be whales less often during visual surveys Masking—Marine mammal ensonified for more than one 2- to 15- (Gerrodette and Pettis, 2005). communications will not be masked ms pulse (or two pulses if in the overlap Captive bottlenose dolphins and a appreciably by the SBP signals given the area). Similarly, Kremser et al. (2005) beluga whale exhibited changes in directionality of the signal and the brief noted that the probability of a cetacean behavior when exposed to 1-s tonal period when an individual mammal is swimming through the area of exposure signals at frequencies similar to those likely to be within its beam. when an MBES emits a pulse is small. that will be emitted by the MBES used Furthermore, in the case of most baleen The animal would have to pass the by LDEO, and to shorter broadband whales, the SBP signals do not overlap transducer at close range and be pulsed signals. Behavioral changes with the predominant frequencies in the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57970 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

calls, which would avoid significant in this notice. The next section Hastings and Popper, 2005). Potential masking. discusses the potential impacts of adverse effects of the program’s sound Behavioral Responses—Marine anthropogenic sound sources on sources on marine fish are then noted. mammal behavioral reactions to other common marine mammal prey in the Pathological Effects—The potential pulsed sound sources are discussed proposed survey area (i.e., fish and for pathological damage to hearing above, and responses to the SBP are invertebrates). structures in fish depends on the energy likely to be similar to those for other level of the received sound and the pulsed sources if received at the same Anticipated Effects on Fish physiology and hearing capability of the levels. However, the pulsed signals from One reason for the adoption of airguns species in question (see Appendix D L– the SBP are considerably weaker than as the standard energy source for marine DEO’s environmental analysis). For a those from the MBES. Therefore, seismic surveys is that, unlike given sound to result in hearing loss, the behavioral responses are not expected explosives, they have not been sound must exceed, by some substantial unless marine mammals are very close associated with large-scale fish kills. amount, the hearing threshold of the to the source. However, existing information on the fish for that sound (Popper, 2005). The Hearing Impairment and Other impacts of seismic surveys on marine consequences of temporary or Physical Effects—It is unlikely that the fish populations is limited (see permanent hearing loss in individual SBP produces pulse levels strong Appendix D of L–DEO’s environmental fish on a fish population are unknown; enough to cause hearing impairment or analysis). There are three types of however, they likely depend on the other physical injuries even in an potential effects of exposure to seismic number of individuals affected and animal that is (briefly) in a position near surveys: (1) Pathological, (2) whether critical behaviors involving the source. The SBP is usually operated physiological, and (3) behavioral. sound (e.g., predator avoidance, prey simultaneously with other higher-power Pathological effects involve lethal and capture, orientation and navigation, acoustic sources. Many marine temporary or permanent sub-lethal reproduction, etc.) are adversely mammals will move away in response injury. Physiological effects involve affected. to the approaching higher-power temporary and permanent primary and Little is known about the mechanisms sources or the vessel itself before the secondary stress responses, such as and characteristics of damage to fish mammals would be close enough for changes in levels of enzymes and that may be inflicted by exposure to there to be any possibility of effects proteins. Behavioral effects refer to seismic survey sounds. Few data have from the less intense sounds from the temporary and (if they occur) permanent been presented in the peer-reviewed SBP. Based upon the best available changes in exhibited behavior (e.g., scientific literature. As far as we know, science, NMFS believes that the brief startle and avoidance behavior). The there are only two papers with proper exposure of marine mammals to signals three categories are interrelated in experimental methods, controls, and from the SBP is not likely to result in complex ways. For example, it is careful pathological investigation the harassment of marine mammals. possible that certain physiological and implicating sounds produced by actual The potential effects to marine behavioral changes could potentially seismic survey airguns in causing mammals described in this section of lead to an ultimate pathological effect adverse anatomical effects. One such the document do not take into on individuals (i.e., mortality). study indicated anatomical damage, and consideration the proposed monitoring The specific received sound levels at the second indicated TTS in fish and mitigation measures described later which permanent adverse effects to fish hearing. The anatomical case is in this document (see the ‘‘Proposed potentially could occur are little studied McCauley et al. (2003), who found that Mitigation’’ and ‘‘Proposed Monitoring and largely unknown. Furthermore, the exposure to airgun sound caused and Reporting’’ sections) which, as available information on the impacts of observable anatomical damage to the noted are designed to effect the least seismic surveys on marine fish is from auditory maculae of pink snapper practicable adverse impact on affected studies of individuals or portions of a (Pagrus auratus). This damage in the marine mammal species and stocks. population; there have been no studies ears had not been repaired in fish at the population scale. The studies of sacrificed and examined almost two Anticipated Effects on Marine Mammal individual fish have often been on caged months after exposure. On the other Habitat fish that were exposed to airgun pulses hand, Popper et al. (2005) documented The proposed seismic survey is not in situations not representative of an only TTS (as determined by auditory anticipated to have any permanent actual seismic survey. Thus, available brainstem response) in two of three fish impact on habitats used by the marine information provides limited insight on species from the Mackenzie River Delta. mammals in the proposed survey area, possible real-world effects at the ocean This study found that broad whitefish including the food sources they use (i.e., or population scale. (Coregonus nasus) exposed to five fish and invertebrates). Additionally, no Hastings and Popper (2005), Popper airgun shots were not significantly physical damage to any habitat is (2009), and Popper and Hastings different from those of controls. During anticipated as a result of conducting the (2009a,b) provided recent critical both studies, the repetitive exposure to proposed seismic survey. While it is reviews of the known effects of sound sound was greater than would have anticipated that the specified activity on fish. The following sections provide occurred during a typical seismic may result in marine mammals avoiding a general synopsis of the available survey. However, the substantial low- certain areas due to temporary information on the effects of exposure to frequency energy produced by the ensonification, this impact to habitat is seismic and other anthropogenic sound airguns [less than 400 Hz in the study temporary and reversible and was as relevant to fish. The information by McCauley et al. (2003) and less than considered in further detail earlier in comprises results from scientific studies approximately 200 Hz in Popper et al. this document, as behavioral of varying degrees of rigor plus some (2005)] likely did not propagate to the modification. The main impact anecdotal information. Some of the data fish because the water in the study areas associated with the proposed activity sources may have serious shortcomings was very shallow (approximately 9 m in will be temporarily elevated noise levels in methods, analysis, interpretation, and the former case and less than two m in and the associated direct effects on reproducibility that must be considered the latter). Water depth sets a lower marine mammals, previously discussed when interpreting their results (see limit on the lowest sound frequency that

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57971

will propagate (the ‘‘cutoff frequency’’) of the sound stimulus (see Appendix D be specialized to respond to particle at about one-quarter wavelength (Urick, of L–DEO’s environmental analysis). displacement components of an 1983; Rogers and Cox, 1988). Behavioral Effects—Behavioral effects impinging sound field and not to the Wardle et al. (2001) suggested that in include changes in the distribution, pressure component (Popper et al., water, acute injury and death of migration, mating, and catchability of 2001; see also Appendix E of L–DEO’s organisms exposed to seismic energy fish populations. Studies investigating environmental analysis). depends primarily on two features of the possible effects of sound (including The only information available on the the sound source: (1) The received peak seismic survey sound) on fish behavior impacts of seismic surveys on marine pressure and (2) the time required for have been conducted on both uncaged invertebrates involves studies of the pressure to rise and decay. and caged individuals (e.g., Chapman individuals; there have been no studies Generally, as received pressure and Hawkins, 1969; Pearson et al., 1992; at the population scale. Thus, available increases, the period for the pressure to Santulli et al., 1999; Wardle et al., 2001; information provides limited insight on rise and decay decreases, and the Hassel et al., 2003). Typically, in these possible real-world effects at the chance of acute pathological effects studies fish exhibited a sharp startle regional or ocean scale. The most increases. According to Buchanan et al. response at the onset of a sound important aspect of potential impacts (2004), for the types of seismic airguns followed by habituation and a return to concerns how exposure to seismic and arrays involved with the proposed normal behavior after the sound ceased. survey sound ultimately affects program, the pathological (mortality) There is general concern about invertebrate populations and their zone for fish would be expected to be potential adverse effects of seismic viability, including availability to within a few meters of the seismic operations on fisheries, namely a fisheries. source. Numerous other studies provide potential reduction in the ‘‘catchability’’ Literature reviews of the effects of examples of no fish mortality upon of fish involved in fisheries. Although seismic and other underwater sound on exposure to seismic sources (Falk and reduced catch rates have been observed invertebrates were provided by Lawrence, 1973; Holliday et al., 1987; in some marine fisheries during seismic Moriyasu et al. (2004) and Payne et al. La Bella et al., 1996; Santulli et al., testing, in a number of cases the (2008). The following sections provide a 1999; McCauley et al., 2000a,b, 2003; findings are confounded by other synopsis of available information on the Bjarti, 2002; Thomsen, 2002; Hassel et sources of disturbance (Dalen and effects of exposure to seismic survey al., 2003; Popper et al., 2005; Boeger et Raknes, 1985; Dalen and Knutsen, 1986; sound on species of decapod al., 2006). Lokkeborg, 1991; Skalski et al., 1992; crustaceans and cephalopods, the two Some studies have reported, some Engas et al., 1996). In other airgun taxonomic groups of invertebrates on equivocally, that mortality of fish, fish experiments, there was no change in which most such studies have been eggs, or larvae can occur close to catch per unit effort (CPUE) of fish conducted. The available information is seismic sources (Kostyuchenko, 1973; when airgun pulses were emitted, from studies with variable degrees of Dalen and Knutsen, 1986; Booman et particularly in the immediate vicinity of scientific soundness and from anecdotal al., 1996; Dalen et al., 1996). Some of the seismic survey (Pickett et al., 1994; information. A more detailed review of the reports claimed seismic effects from La Bella et al., 1996). For some species, the literature on the effects of seismic treatments quite different from actual reductions in catch may have resulted survey sound on invertebrates is seismic survey sounds or even from a change in behavior of the fish, provided in Appendix E of L–DEO’s reasonable surrogates. However, Payne e.g., a change in vertical or horizontal environmental analysis. et al. (2009) reported no statistical distribution, as reported in Slotte et al. Pathological Effects—In water, lethal differences in mortality/morbidity (2004). and sub-lethal injury to organisms between control and exposed groups of In general, any adverse effects on fish exposed to seismic survey sound capelin eggs or monkfish larvae. Saetre behavior or fisheries attributable to appears to depend on at least two and Ona (1996) applied a ‘worst-case seismic testing may depend on the features of the sound source: (1) The scenario’ mathematical model to species in question and the nature of the received peak pressure; and (2) the time investigate the effects of seismic energy fishery (season, duration, fishing required for the pressure to rise and on fish eggs and larvae. They concluded method). They may also depend on the decay. Generally, as received pressure that mortality rates caused by exposure age of the fish, its motivational state, its increases, the period for the pressure to to seismic surveys are so low, as size, and numerous other factors that are rise and decay decreases, and the compared to natural mortality rates, that difficult, if not impossible, to quantify at chance of acute pathological effects the impact of seismic surveying on this point, given such limited data on increases. For the type of airgun array recruitment to a fish stock must be effects of airguns on fish, particularly planned for the proposed program, the regarded as insignificant. under realistic at-sea conditions. pathological (mortality) zone for Physiological Effects—Physiological crustaceans and cephalopods is effects refer to cellular and/or Anticipated Effects on Invertebrates expected to be within a few meters of biochemical responses of fish to The existing body of information on the seismic source, at most; however, acoustic stress. Such stress potentially the impacts of seismic survey sound on very few specific data are available on could affect fish populations by marine invertebrates is very limited. levels of seismic signals that might increasing mortality or reducing However, there is some unpublished damage these animals. This premise is reproductive success. Primary and and very limited evidence of the based on the peak pressure and rise/ secondary stress responses of fish after potential for adverse effects on decay time characteristics of seismic exposure to seismic survey sound invertebrates, thereby justifying further airgun arrays currently in use around appear to be temporary in all studies discussion and analysis of this issue. the world. done to date (Sverdrup et al., 1994; The three types of potential effects of Some studies have suggested that Santulli et al., 1999; McCauley et al., exposure to seismic surveys on marine seismic survey sound has a limited 2000a,b). The periods necessary for the invertebrates are pathological, pathological impact on early biochemical changes to return to normal physiological, and behavioral. Based on developmental stages of crustaceans are variable and depend on numerous the physical structure of their sensory (Pearson et al., 1994; Christian et al., aspects of the biology of the species and organs, marine invertebrates appear to 2003; DFO, 2004). However, the impacts

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57972 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

appear to be either temporary or Proposed Mitigation operation of one airgun is intended to insignificant compared to what occurs In order to issue an incidental take alert marine mammals to the presence of under natural conditions. Controlled authorization (ITA) under section the seismic vessel in the area. In field experiments on adult crustaceans 101(a)(5)(D) of the MMPA, NMFS must contrast, a shut down occurs when the (Christian et al., 2003, 2004; DFO, 2004) set forth the permissible methods of Langseth suspends all airgun activity. If the PSVO detects a marine mammal and adult cephalopods (McCauley et al., taking pursuant to such activity, and outside the EZ, which is likely to enter 2000a,b) exposed to seismic survey other means of effecting the least the EZ, L–DEO will power down the sound have not resulted in any practicable adverse impact on such significant pathological impacts on the airguns before the animal enters the EZ. species or stock and its habitat, paying animals. It has been suggested that Likewise, if a mammal is already within particular attention to rookeries, mating exposure to commercial seismic survey the EZ, when first detected L–DEO will grounds, and areas of similar activities has injured giant squid power down the airguns immediately. significance, and the availability of such (Guerra et al., 2004), but the article During a power down of the airgun species or stock for taking for certain provides little evidence to support this array, L–DEO will operate the 40-in3 subsistence uses. claim. airgun. If a marine mammal is detected Physiological Effects—Physiological L–DEO has based the mitigation measures described herein, to be within or near the smaller EZ around effects refer mainly to biochemical that single airgun (Table 1), L–DEO will responses by marine invertebrates to implemented for the proposed seismic survey, on the following: shut down the airgun (see next section). acoustic stress. Such stress potentially Following a power-down, L–DEO will (1) Protocols used during previous L– could affect invertebrate populations by not resume airgun activity until the DEO seismic research cruises as increasing mortality or reducing marine mammal has cleared the safety approved by NMFS; reproductive success. Primary and zone. L–DEO will consider the animal to (2) Previous IHA applications and secondary stress responses (i.e., changes have cleared the EZ if in haemolymph levels of enzymes, IHAs approved and authorized by • A PSVO has visually observed the proteins, etc.) of crustaceans have been NMFS; and animal leave the EZ; or noted several days or months after (3) Recommended best practices in • A PSVO has not sighted the animal exposure to seismic survey sounds Richardson et al. (1995), Pierson et al. within the EZ for 15 min for small (Payne et al., 2007). The periods (1998), and Weir and Dolman, (2007). odontocetes, or 30 min for mysticetes necessary for these biochemical changes To reduce the potential for and large odontocetes, including sperm, to return to normal are variable and disturbance from acoustic stimuli pygmy sperm, dwarf sperm, and beaked depend on numerous aspects of the associated with the activities, L–DEO whales; or biology of the species and of the sound and/or its designees has proposed to • The vessel has moved outside the stimulus. implement the following mitigation EZ (e.g., if a marine mammal is sighted Behavioral Effects—There is measures for marine mammals: close to the vessel and the ship speed increasing interest in assessing the (1) Proposed exclusion zones (EZ); is 8.5 km km/h (5.3 mph), it would take possible direct and indirect effects of (2) Power-down procedures; the vessel approximately eight minutes seismic and other sounds on (3) Shutdown procedures; and to leave the vicinity of the marine invertebrate behavior, particularly in (4) Ramp-up procedures. mammal. relation to the consequences for Proposed Exclusion Zones—L–DEO During airgun operations following a fisheries. Changes in behavior could uses safety radii to designate exclusion power-down (or shut-down) whose potentially affect such aspects as zones and to estimate take (described in duration has exceeded the time limits reproductive success, distribution, greater detail in Section IV and specified previously, L–DEO will ramp- susceptibility to predation, and Appendix A of L–DEO’s environmental up the airgun array gradually (see Shut- catchability by fisheries. Studies analysis) for marine mammals. Table 1 down Procedures). investigating the possible behavioral shows the distances at which two sound Shut-down Procedures—L–DEO will effects of exposure to seismic survey levels (160- and 180-dB) are expected to shut down the operating airgun(s) if a sound on crustaceans and cephalopods be received from the 36-airgun array and marine mammal is seen within or have been conducted on both uncaged a single airgun. The 180-dB level shut- approaching the EZ for the single and caged animals. In some cases, down criterion is applicable to airgun. L–DEO will implement a shut- invertebrates exhibited startle responses cetaceans, as specified by NMFS (2000); down: (e.g., squid in McCauley et al., 2000a,b). and L–DEO used these levels to (1) If an animal enters the EZ of the In other cases, no behavioral impacts establish the EZs. If the protected single airgun after L–DEO has initiated were noted (e.g., crustaceans in species visual observer (PSVO) detects a power down, or (2) If an animal is Christian et al., 2003, 2004; DFO 2004). marine mammal(s) within or about to initially seen within the EZ of the single There have been anecdotal reports of enter the appropriate EZ, the Langseth airgun when more than one airgun reduced catch rates of shrimp shortly crew will immediately power down the (typically the full airgun array) is after exposure to seismic surveys; airgun array, or perform a shut down if operating. however, other studies have not necessary (see Shut-down Procedures). L–DEO will not resume airgun observed any significant changes in Power-down Procedures—A power- activity until the marine mammal has shrimp catch rate (Andriguetto-Filho et down involves decreasing the number of cleared the EZ, or until the PSVO is al., 2005). Similarly, Parry and Gason airguns in use such that the radius of confident that the animal has left the (2006) did not find any evidence that the 180-dB zone is decreased to the vicinity of the vessel. Criteria for lobster catch rates were affected by extent that marine mammals are no judging that the animal has cleared the seismic surveys. Any adverse effects on longer in or about to enter the EZ. A EZ will be as described in the preceding crustacean and cephalopod behavior or power down of the airgun array can also section. fisheries attributable to seismic survey occur when the vessel is moving from Ramp-up Procedures—L–DEO will sound depend on the species in one seismic line to another. During a follow a ramp-up procedure when the question and the nature of the fishery power-down for mitigation, L–DEO will airgun subarrays begin operating after a (season, duration, fishing method). operate one airgun. The continued specified period without airgun

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57973

operations or when a power down has minimize adverse impacts as planned; rates and behavior with and without exceeded that period. L–DEO proposes and (3) the practicability of the measure airgun operations and between that, for the present cruise, this period for applicant implementation. acquisition periods. would be approximately eight minutes. Based on our evaluation of the Based on PSVO observations, the This period is based on the 180-dB applicant’s proposed measures, NMFS Langseth will power down or shut down radius for the 36-airgun array towed at has preliminarily determined that the the airguns when marine mammals are a depth of nine m (29.5 ft) in relation proposed mitigation measures provide observed within or about to enter a to the minimum planned speed of the the means of effecting the least designated EZ. The EZ is a region in Langseth while shooting (8.5 km/h; 5.3 practicable adverse impacts on marine which a possibility exists of adverse mph; 4.6 kts). L–DEO has used similar mammals species or stocks and their effects on animal hearing or other periods (8–10 min) during previous L– habitat, paying particular attention to physical effects. DEO surveys. L–DEO will not resume rookeries, mating grounds, and areas of During seismic operations, at least operations if a marine mammal has not similar significance. four PSVOs will be based aboard the cleared the EZ as described earlier. Proposed Monitoring and Reporting Langseth. L–DEO will appoint the Ramp-up will begin with the smallest PSVOs with NMFS’ concurrence. 3 In order to issue an ITA for an airgun in the array (40-in ). Airguns will During all daytime periods, two PSVOs activity, section 101(a)(5)(D) of the be added in a sequence such that the will be on duty from the observation MMPA states that NMFS must set forth source level of the array will increase in tower to monitor and PSVOs will be on ‘‘requirements pertaining to the steps not exceeding six dB per five- duty in shifts of duration no longer than monitoring and reporting of such minute period over a total duration of four hours. During mealtimes it is taking.’’ The MMPA implementing approximately 30 min. During ramp-up, sometimes difficult to have two PSVOs regulations at 50 CFR 216.104 (a)(13) the PSVOs will monitor the EZ, and if on effort, but at least one PSVO will be indicate that requests for IHAs must he/she sights a marine mammal, L–DEO on watch during bathroom breaks and include the suggested means of will implement a power down or shut mealtimes. Use of two simultaneous accomplishing the necessary monitoring down as though the full airgun array observers increases the effectiveness of and reporting that will result in were operational. detecting animals near the source If the complete EZ is not visible to the increased knowledge of the species and vessel. PSVO for at least 30 min prior to the of the level of taking or impacts on start of operations in either daylight or populations of marine mammals that are L–DEO will also instruct other crew to nighttime, L–DEO will not commence expected to be present in the action assist in detecting marine mammals and the ramp-up unless at least one airgun area. implementing mitigation requirements (40-in3 or similar) has been operating (if practical). Before the start of the Monitoring during the interruption of seismic seismic survey, L–DEO will give the survey operations. Given these L–DEO proposes to sponsor marine crew additional instruction regarding provisions, it is likely that L–DEO will mammal monitoring during the present how to accomplish this task. not ramp up the airgun array from a project, in order to implement the The Langseth is a suitable platform for complete shut-down at night or in thick proposed mitigation measures that marine mammal observations. When fog, because the outer part of the EZ for require real-time monitoring, and to stationed on the observation platform, that array will not be visible during satisfy the anticipated monitoring the eye level will be approximately those conditions. If one airgun has requirements of the IHA. L–DEO’s 21.5 m (70.5 ft) above sea level, and the operated during a power-down period, proposed Monitoring Plan is described observer will have a good view around ramp-up to full power will be below this section. L–DEO understands the entire vessel. During daytime, the permissible at night or in poor visibility, that this monitoring plan will be subject PSVOs will scan the area around the on the assumption that marine to review by NMFS, and that vessel systematically with reticle mammals will be alerted to the refinements may be required. The binoculars (e.g., 7 x 50 Fujinon), Big-eye approaching seismic vessel by the monitoring work described here has binoculars (25 x 150), and with the sounds from the single airgun and could been planned as a self-contained project naked eye. During darkness, night move away. L–DEO will not initiate a independent of any other related vision devices (NVDs) will be available ramp-up of the airguns if a marine monitoring projects that may be (ITT F500 Series Generation 3 mammal is sighted within or near the occurring simultaneously in the same binocular-image intensifier or applicable EZs during the day or close regions. L–DEO is prepared to discuss equivalent), when required. Laser range- to the vessel at night. coordination of its monitoring program finding binoculars (Leica LRF 1200 laser NMFS has carefully evaluated the with any related work that might be rangefinder or equivalent) will be applicant’s proposed mitigation done by other groups insofar as this is available to assist with distance measures and has considered a range of practical and desirable. estimation. Those are useful in training other measures in the context of observers to estimate distances visually, ensuring that NMFS prescribes the Vessel-Based Visual Monitoring but are generally not useful in means of effecting the least practicable L–DEO will position PSVOs aboard measuring distances to animals directly; adverse impact on the affected marine the seismic source vessel to watch for that is done primarily with the reticles mammal species and stocks and their marine mammals near the vessel during in the binoculars. habitat. Our evaluation of potential daytime airgun operations and during Passive Acoustic Monitoring measures included consideration of the any start-ups at night. PSVOs will also following factors in relation to one watch for marine mammals near the Passive Acoustic Monitoring (PAM) another: (1) The manner in which, and seismic vessel for at least 30 min prior will complement the visual monitoring the degree to which, the successful to the start of airgun operations after an program, when practicable. Visual implementation of the measure is extended shut down. PSVOs will monitoring typically is not effective expected to minimize adverse impacts conduct observations during daytime during periods of poor visibility or at to marine mammals; (2) the proven or periods when the seismic system is not night, and even with good visibility, is likely efficacy of the specific measure to operating for comparison of sighting unable to detect marine mammals when

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57974 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

they are below the surface or beyond weather conditions were to prevent the 2. Time, location, heading, speed, visual range. use of PAM, then conditions would also activity of the vessel, sea state, Besides the four PSVOs, an additional likely prevent the use of the airgun visibility, and sun glare. Protected Species Acoustic Observer array. The data listed under (2) will also be (PSAO) with primary responsibility for The PSAO will monitor the acoustic recorded at the start and end of each PAM will also be aboard the vessel. L– detection system at any one time, by observation watch, and during a watch DEO can use acoustical monitoring in listening to the signals from two whenever there is a change in one or addition to visual observations to channels via headphones and/or more of the variables. improve detection, identification, and speakers and watching the real-time All observations and power downs or localization of cetaceans. The acoustic spectrographic display for frequency shut downs will be recorded in a monitoring will serve to alert visual ranges produced by cetaceans. PSAOs standardized format. Data will be observers (if on duty) when vocalizing monitoring the acoustical data will be entered into an electronic database. The cetaceans are detected. It is only useful on shift for one to six hours at a time. accuracy of the data entry will be when marine mammals call, but it can Besides the PSAO, all PSVOs are verified by computerized data validity be effective either by day or by night, expected to rotate through the PAM checks as the data are entered and by and does not depend on good visibility. position, although the most experienced subsequent manual checking of the It will be monitored in real time so that with acoustics will be on PAM duty database. These procedures will allow the visual observers can be advised more frequently. initial summaries of data to be prepared when cetaceans are detected. When When a vocalization is detected while during and shortly after the field bearings (primary and mirror-image) to visual observations are in progress, the program, and will facilitate transfer of calling cetacean(s) are determined, the PSAO on duty will contact the visual the data to statistical, graphical, and bearings will be relayed to the visual PSVO immediately, to alert him/her to other programs for further processing observer to help him/her sight the the presence of cetaceans (if they have and archiving. calling animal(s). not already been seen), and to allow a Results from the vessel-based The PAM system consists of hardware power down or shut down to be observations will provide: (i.e., hydrophones) and software. The initiated, if required. The information 1. The basis for real-time mitigation ‘‘wet end’’ of the system consists of a regarding the call will be entered into a (airgun power down or shut down). towed hydrophone array that is database. Data entry will include an 2. Information needed to estimate the connected to the vessel by a cable. The acoustic encounter identification number of marine mammals potentially tow cable is 250 m (820.2 ft) long, and number, whether it was linked with a taken by harassment, which must be the hydrophones are fitted in the last 10 visual sighting, date, time when first reported to NMFS. m (32.8 ft) of cable. A depth gauge is and last heard and whenever any 3. Data on the occurrence, attached to the free end of the cable, and additional information was recorded, distribution, and activities of marine the cable is typically towed at depths position and water depth when first mammals and turtles in the area where less than 20 m (65.6 ft). The array will detected, bearing if determinable, the seismic study is conducted. be deployed from a winch located on species or species group (e.g., 4. Information to compare the the back deck. A deck cable will unidentified dolphin, sperm whale), distance and distribution of marine connect the tow cable to the electronics types and nature of sounds heard (e.g., mammals and turtles relative to the unit in the main computer lab where the clicks, continuous, sporadic, whistles, source vessel at times with and without acoustic station, signal conditioning, creaks, burst pulses, strength of signal, seismic activity. and processing system will be located. etc.), and any other notable information. 5. Data on the behavior and The acoustic signals received by the The acoustic detection can also be movement patterns of marine mammals hydrophones are amplified, digitized, recorded for further analysis. seen at times with and without seismic and then processed by the Pamguard activity. software. The system can detect marine PSVO Data and Documentation L–DEO will submit a report to NMFS mammal vocalizations at frequencies up PSVOs will record data to estimate and NSF within 90 days after the end of to 250 kHz. the numbers of marine mammals the cruise. The report will describe the The PSAO will monitor the towed exposed to various received sound operations that were conducted and hydrophones 24 h per day during airgun levels and to document apparent sightings of marine mammals and operations and during most periods disturbance reactions or lack thereof. turtles near the operations. The report when the Langseth is underway while Data will be used to estimate numbers will provide full documentation of the airguns are not operating. However, of animals potentially ‘‘taken’’ by methods, results, and interpretation PAM may not be possible if damage harassment (as defined in the MMPA). pertaining to all monitoring. The 90-day occurs to both the primary and back-up They will also provide information report will summarize the dates and hydrophone arrays during operations. needed to order a power down or shut locations of seismic operations, and all The primary PAM streamer on the down of the airguns when a marine marine mammal sightings (dates, times, Langseth is a digital hydrophone mammal is within or near the EZ. locations, activities, associated seismic streamer. Should the digital streamer When a sighting is made, the survey activities). The report will also fail, back-up systems should include an following information about the sighting include estimates of the number and analog spare streamer and a hull- will be recorded: nature of exposures that could result in mounted hydrophone. Every effort 1. Species, group size, age/size/sex ‘‘takes’’ of marine mammals by would be made to have a working PAM categories (if determinable), behavior harassment or in other ways. system during the cruise. In the unlikely when first sighted and after initial In the unanticipated event that the event that all three of these systems sighting, heading (if consistent), bearing specified activity clearly causes the take were to fail, L–DEO would continue and distance from seismic vessel, of a marine mammal in a manner science acquisition with the visual- sighting cue, apparent reaction to the prohibited by the IHA (if issued), such based observer program. The PAM airguns or vessel (e.g., none, avoidance, as an injury (Level A harassment), system is a supplementary enhancement approach, paralleling, etc.), and serious injury or mortality (e.g., ship- to the visual monitoring program. If behavioral pace. strike, gear interaction, and/or

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57975

entanglement), L–DEO shall injury or death is not associated with or L–DEO assumes that, during immediately cease the specified related to the activities authorized in the simultaneous operations of the airgun activities and immediately report the IHA (e.g., previously wounded animal, array and the other sources, any marine incident to the Chief of the Permits, carcass with moderate to advanced mammals close enough to be affected by Conservation, and Education Division, decomposition, or scavenger damage), the MBES and SBP would already be Office of Protected Resources, NMFS, at L–DEO will report the incident to the affected by the airguns. However, 301–427–8401 and/or by e-mail to Chief of the Permits, Conservation, and whether or not the airguns are operating [email protected] and Education Division, Office of Protected simultaneously with the other sources, [email protected] and the Pacific Resources, NMFS, at 301–427–8401 marine mammals are expected to exhibit Islands Regional Stranding Coordinator and/or by e-mail to no more than short-term and at 808–944–2269 [email protected] and inconsequential responses to the MBES ([email protected]). The report [email protected] and the Pacific and SBP given their characteristics (e.g., must include the following information: Islands Regional Stranding Coordinator narrow downward-directed beam) and • Time, date, and location (latitude/ at 808–944–2269 other considerations described longitude) of the incident; ([email protected]), within 24 previously. Based on the best available • Name and type of vessel involved; hours of the discovery. L–DEO will science, such reactions are not • Vessel’s speed during and leading provide photographs or video footage (if considered to constitute ‘‘taking’’ up to the incident; available) or other documentation of the (NMFS, 2001). Therefore, L–DEO • Description of the incident; stranded animal sighting to NMFS. provides no additional allowance for • Status of all sound source use in the animals that could be affected by sound Estimated Take by Incidental 24 hours preceding the incident; sources other than airguns. • Harassment Water depth; Density data on the marine mammal • Environmental conditions (e.g., Except with respect to certain species in the proposed survey area are wind speed and direction, Beaufort sea activities not pertinent here, the MMPA available from two sources: (1) The state, cloud cover, and visibility); defines ‘‘harassment’’ as: NMFS Southwest Fishery Science • Description of all marine mammal Center (SWFSC) habitat model that observations in the 24 hours preceding Any act of pursuit, torment, or annoyance estimates cetacean densities on a finer the incident; which (i) has the potential to injure a marine • Species identification or mammal or marine mammal stock in the wild spatial scale than traditional line- description of the animal(s) involved; [Level A harassment]; or (ii) has the potential transect analyses by using a continuous • Fate of the animal(s); and to disturb a marine mammal or marine function of habitat variables, e.g., sea • Photographs or video footage of the mammal stock in the wild by causing surface temperature, depth, distance disruption of behavioral patterns, including, from shore, and prey density (Barlow et animal(s) (if equipment is available). but not limited to, migration, breathing, Activities will not resume until NMFS al., 2009b); and (2) densities from the nursing, breeding, feeding, or sheltering offshore stratum of the surveys of is able to review the circumstances of [Level B harassment]. the prohibited take. NMFS will work Hawaiian waters conducted in August– with L–DEO to determine what is Only take by Level B harassment is November 2002 (Barlow, 2006). necessary to minimize the likelihood of anticipated and proposed to be For the eastern tropical Pacific Ocean further prohibited take and ensure authorized as a result of the proposed (ETP), the SWFSC based the models on MMPA compliance. L–DEO may not marine geophysical survey in the central data from 12 SWFSC ship-based resume their activities until notified by Pacific Ocean. Acoustic stimuli (i.e., cetacean and ecosystem assessment NMFS via letter, e-mail, or telephone. increased underwater sound) generated surveys conducted during July– In the event that L–DEO discovers an during the operation of the seismic December 1986–2006, extending just injured or dead marine mammal, and airgun array may have the potential to into the proposed survey area. the lead PSVO determines that the cause cause marine mammals in the survey The models have been incorporated of the injury or death is unknown and area to be exposed to sounds at or into a Web-based Geographic the death is relatively recent (i.e., in less greater than 160 decibels (dB) or cause Information System (GIS) developed by than a moderate state of decomposition temporary, short-term changes in Duke University’s Department of as described in the next paragraph), behavior. There is no evidence that the Defense Strategic Environmental L–DEO will immediately report the planned activities could result in injury, Research and Development Program incident to the Chief of the Permits, serious injury or mortality within the (SERDP) team in close collaboration Conservation, and Education Division, specified geographic area for which with the SWFSC SERDP team (Read et Office of Protected Resources, NMFS, at L–DEO seeks the IHA. The required al., 2009). For the cetacean species in 301–427–8401 and/or by e-mail to mitigation and monitoring measures the model, we used the GIS to obtain [email protected] and will minimize any potential risk for mean densities in the proposed survey [email protected] and the Pacific injury or mortality. area, i.e., in a rectangle bounded by 150 Islands Regional Stranding Coordinator The following sections describe and 156° W and 5 and 10° N. at 808–944–2269 L–DEO’s methods to estimate take by Table 3 in L–DEO’s application shows ([email protected]). The report incidental harassment and present the estimated densities for each cetacean must include the same information applicant’s estimates of the numbers of species that could occur in the proposed identified in the paragraph above. marine mammals that could be affected survey area. They have corrected the Activities may continue while NMFS during the proposed geophysical survey. densities for both trackline detection reviews the circumstances of the The estimates are based on a probability and availability bias by the incident. NMFS will work with L–DEO consideration of the number of marine authors. Trackline detection probability to determine whether modifications in mammals that could be disturbed bias is associated with diminishing the activities are appropriate. appreciably by operations with the sightability with increasing lateral In the event that L–DEO discovers an 36-airgun array to be used during distance from the trackline [f(0)]. injured or dead marine mammal, and approximately 2,120 km (1,317.3 mi) of Availability bias refers to the fact that the lead PSVO determines that the survey lines. there is less than a 100 percent

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57976 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

probability of sighting an animal that is would be within the 160-dB radius Table 3 in this notice shows estimates present along the survey trackline [g(0)]. around the operating airguns, including of the number of individual cetaceans Because survey effort within the areas of overlap. In the proposed survey, that potentially could be exposed to proposed survey area is limited, and the seismic lines are parallel and in greater than or equal to 160 dB re: 1 μPa densities for some species are from close proximity; thus individuals could during the seismic survey if no animals offshore Hawaiian waters, there is some be exposed on two or more occasions. moved away from the survey vessel. The uncertainty about the representativeness The area including overlap is 1.5 times requested take authorization is shown in of the data and the assumptions used in the area excluding overlap. Thus a the far right column of Table 3. For the calculations below. However, the marine mammal that stayed in the endangered species, the requested take approach used here is believed to be the survey area during the entire survey authorization reflects the mean group best available approach. could be exposed two times, on average. size in the ETP (Jackson et al., 2008) for L–DEO’s estimates of exposures to Moreover, it is unlikely that a particular the particular species in cases where the various sound levels assume that the animal would stay in the area during the calculated number of individuals proposed surveys will be completed. As entire survey. exposed was between 0.05 and the mean is typical during offshore ship surveys, The number of different individuals group size (i.e., for the blue whale). For inclement weather and equipment potentially exposed to received levels non-listed species, the requested take malfunctions are likely to cause delays greater than or equal to 160 re: 1 μPa authorization reflects the mean group and may limit the number of useful line- was calculated by multiplying: size in the SWFSC survey area (Barlow kilometers of seismic operations that (1) The expected species density, et al., 2008) for the particular species in can be undertaken. L–DEO has included times; and cases where the calculated number of an additional 25% of line transects to (2) The anticipated area to be individuals exposed was between one account for mission uncertainty and to ensonified to that level during airgun and the mean group size. accommodate turns and lines that may operations excluding overlap, which is The total estimate of the number of need to be repeated. Furthermore, any approximately 10,971 square kilometers individual cetaceans that could be marine mammal sightings within or (km2) (4,235.9 square miles (mi2). exposed to seismic sounds with near the designated exclusion zones will The area expected to be ensonified received levels greater than or equal to result in the power down or shut down was determined by entering the planned 160 dB re: 1 μPa during the proposed of seismic operations as a mitigation survey lines into a MapInfo GIS, using survey is 5,124 (see Table 3 in this measure. Thus, the following estimates the GIS to identify the relevant areas by notice; Table 4 in L–DEO’s application). of the numbers of marine mammals ‘‘drawing’’ the applicable 160-dB buffer That total includes: Eight Bryde’s potentially exposed to sound levels of (see Table 1) around each seismic line, whales or 0.6 percent of the regional 160 dB re: 1 μPa are precautionary and and then calculating the total area population; two blue whales probably overestimate the actual within the buffers. Areas of overlap (endangered under the ESA) or less than numbers of marine mammals that might were included only once when 0.01 percent of the regional population); be involved. These estimates also estimating the number of individuals and 41 sperm whales (also listed as assume that there will be no weather, exposed. Applying this approach, endangered) or 2.97 percent of the equipment, or mitigation delays, which approximately 13,714 km2 (5,295 mi2) regional population could be exposed is highly unlikely. would be within the 160-dB isopleth on during the survey. In addition, 110 L–DEO estimated the number of one or more occasions during the beaked whales (91 Cuvier’s, six different individuals that may be survey. Because this approach does not Longman’s, 14 Longman’s beaked exposed to airgun sounds with received allow for turnover in the mammal whales, and five Mesoplodon spp.) levels greater than or equal to 160 dB re: populations in the study area during the could be exposed during the survey (see 1 μPa on one or more occasions by course of the survey, the actual number Table 3 in this notice; Table 4 in considering the total marine area that of individuals exposed could be L–DEO’s application). Most (94.8 would be within the 160-dB radius underestimated. However, the approach percent) of the cetaceans that could be around the operating airgun array on at assumes that no cetaceans will move potentially exposed are delphinids (e.g., least one occasion and the expected away from or toward the trackline as the spinner, pantropical spotted, and density of marine mammals. The Langseth approaches in response to striped dolphins are estimated to be the number of possible exposures increasing sound levels prior to the time most common species in the area) with (including repeated exposures of the the levels reach 160 dB, which will maximum estimates ranging from five to same individuals) can be estimated by result in overestimates for those species 2,516 species exposed to levels greater considering the total marine area that known to avoid seismic vessels. than or equal to 160 dB re: 1 μPa.

TABLE 3—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO DIFFERENT SOUND LEVELS DUR- ING L–DEO’S PROPOSED SEISMIC SURVEY IN THE CENTRAL PACIFIC OCEAN DURING NOVEMBER, 2011 THROUGH JANUARY, 2012

Estimated number of individuals Approximate Species exposed to percent of Requested take regional authorization sound levels 2 ≥160 dB re: population 1 μPa1

Bryde’s whale ...... 8 0.06 8 Blue whale ...... 0 < 0.01 4 2 Sperm whale ...... 41 0.17 41 Dwarf sperm whale ...... 105 0.94 105 Cuvier’s beaked whale ...... 91 0.46 91

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57977

TABLE 3—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO DIFFERENT SOUND LEVELS DUR- ING L–DEO’S PROPOSED SEISMIC SURVEY IN THE CENTRAL PACIFIC OCEAN DURING NOVEMBER, 2011 THROUGH JANUARY, 2012—Continued

Estimated number of Approximate individuals percent of Requested take Species exposed to regional authorization sound levels population2 ≥160 dB re: 1 μPa1

Longman’s beaked whale ...... 6 2.07 414 Mesoplodon spp3 ...... 5 0.02 5 Rough-toothed dolphin ...... 17 0.02 17 Bottlenose dolphin ...... 68 0.02 68 Pantropical spotted dolphin ...... 1,651 0.13 1,651 Spinner dolphin ...... 2,516 0.14 2,516 Striped dolphin ...... 226 0.02 226 Fraser’s dolphin ...... 61 0.02 4182 Risso’s dolphin ...... 11 0.01 4 14 Melon-headed whale ...... 18 0.04 4 101 False killer whale ...... 1 < 0.01 4 9 Killer whale ...... 2 0.02 4 5 Short-finned pilot whale ...... 69 0.01 69 1 Estimates are based on densities from Table 3 and an ensonified area (including 25 percent contingency) of 13,714 km2. 2 Regional population size estimates are from Table 2. 3 Includes ginkgo-toothed and Blainville’s beaked whales. 4 Requested take authorization increased to mean group size (see text on page 59).

Based upon densities estimates for (4) The context in which the takes non-auditory injury, serious injury, or humpback, sei, fin, minke, pygmy occur. death to affected marine mammals sperm, and pygmy killer whales (Barlow As mentioned previously, NMFS because: et al., 2009; Read et al., 2009) within the estimates that 20 species of marine (1) The likelihood that, given action area, L–DEO has not requested mammals could be potentially affected sufficient notice through relatively slow take for these species. NMFS by Level B harassment over the course ship speed, marine mammals are preliminarily concurs with this analyses of the IHA. expected to move away from a noise and the proposed authorization will not For reasons stated previously in this source that is annoying prior to its include authorize take for these species. document, no injuries or mortalities are becoming potentially injurious; anticipated to occur as a result of L– (2) The fact that cetaceans would have Encouraging and Coordinating DEO’s proposed seismic survey, and to be closer than 400 m (1,312 ft) in Research none are proposed to be authorized by deep water when the 36-airgun array is L–DEO and NSF will coordinate the NMFS. Additionally, for reasons in use at a 9 m (29.5 ft) tow depth from planned marine mammal monitoring presented earlier in this document, the vessel to be exposed to levels of program associated with the seismic temporary hearing impairment (and sound believed to have even a minimal survey in the central Pacific Ocean with especially permanent hearing chance of causing PTS; other parties that may have interest in impairment) is not anticipated to occur (3) The fact that marine mammals the area and/or be conducting marine during the proposed specified activity. would have to be closer than 3,850 m mammal studies in the same region Impacts to marine mammals are (2.4 mi) in deep water when the full during the proposed seismic survey. anticipated to be in the form of Level B array is in use at a 9 m (29.5 ft) tow Negligible Impact and Small Numbers behavioral harassment only, due to the depth from the vessel to be exposed to Analysis and Preliminary brief duration and sporadic nature of the levels of sound (160 dB) believed to Determination survey. Certain species may have a have even a minimal chance at causing behavioral reaction (e.g., increased TTS; and NMFS has defined ‘‘negligible swim speed, avoidance of the area, etc.) (4) The likelihood that marine impact’’ in 50 CFR 216.103 as ‘‘* * * an to the sound emitted during the mammal detection ability by trained impact resulting from the specified proposed marine seismic survey. observers is high at that short distance activity that cannot be reasonably Behavioral modifications, including from the vessel. expected to, and is not reasonably likely temporarily vacating the area during the Table 3 in this document outlines the to, adversely affect the species or stock operation of the airgun(s), may be made number of Level B harassment takes that through effects on annual rates of by these species to avoid the resultant are anticipated as a result of the recruitment or survival.’’ In making a acoustic disturbance. However, alternate proposed activities. No mortality or negligible impact determination, NMFS areas are available to these species. The injury is expected to occur, and due to considers: location of the survey is not a known the nature, degree, and context of (1) The number of anticipated feeding ground for these species and it behavioral harassment anticipated, the mortalities; is not used for breeding or nursing. activity is not expected to impact rates (2) The number and nature of For reasons stated previously in this of recruitment or survival. The proposed anticipated injuries; document, the specified activities survey would not occur in any areas (3) The number, nature, and intensity, associated with the proposed survey are designated as critical habitat for ESA- and duration of Level B harassment; and not likely to cause TTS, PTS or other listed species. Additionally, as

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57978 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

mentioned previously in this document, the low likelihood of encountering these mentioned mitigation, monitoring, and the proposed seismic survey will not species during the cruise. Under section reporting requirements are incorporated. destroy marine mammal habitat. 7 of the ESA, NSF has initiated formal Dated: September 14, 2011. Of the 26 marine mammal species consultation with the NMFS, Office of James H. Lecky, likely to occur in the proposed survey Protected Resources, Endangered area, six are listed as endangered under Species Division, on this proposed Director, Office of Protected Resources, National Marine Fisheries Service. the ESA: The humpback, sei, fin, blue, seismic survey. NMFS’ Office of and sperm whale and the Hawaiian Protected Resources, Permits, [FR Doc. 2011–23985 Filed 9–16–11; 8:45 am] monk seal. These species are also Conservation and Education Division, BILLING CODE 3510–22–P considered depleted under the MMPA. has initiated formal consultation under However, no take of endangered section 7 of the ESA with NMFS’ Office humpback, sei, or fin, whales was of Protected Resources, Endangered DEPARTMENT OF DEFENSE requested because of the low likelihood Species Division, to obtain a Biological of encountering these species during the Opinion evaluating the effects of issuing Office of the Secretary cruise. the IHA on threatened and endangered For the 20 species for which take was Meeting of the Department of Defense marine mammals and, if appropriate, Wage Committee requested, the requested take numbers authorizing incidental take. NMFS will are small (each, less than two and one- conclude formal section 7 consultation AGENCY: Department of Defense. half percent) relative to the population prior to making a determination on ACTION: Notice of closed meetings. size. The population estimates for the whether or not to issue the IHA. If the species that may potentially be taken as IHA is issued, L–DEO, in addition to the SUMMARY: Pursuant to the provisions of a result of L–DEO’s proposed seismic mitigation and monitoring requirements section 10 of Public Law 92–463, the survey were presented earlier in this included in the IHA, will be required to Federal Advisory Committee Act, notice document. For reasons described earlier comply with the Terms and Conditions is hereby given that a closed meeting of in this document, the maximum of the Incidental Take Statement the Department of Defense Wage calculated number of individual marine corresponding to NMFS’ Biological Committee will be held on Tuesday, mammals for each species that could Opinion issued to both NSF and NMFS’ October 4, 2011, at 10 a.m. at 1400 Key potentially be taken by harassment is Office of Protected Resources. Boulevard, Level A, Room A101, small relative to the overall population National Environmental Policy Act Rosslyn, Virginia 22209. sizes (0.06 percent for Bryde’s whales, (NEPA) Under the provisions of section 10(d) less than 0.01 percent for the of Public Law 92–463, the Department endangered blue whale, 0.17 percent for To meet NMFS’ National of Defense has determined that the the endangered sperm whale, and less Environmental Policy Act (NEPA; 42 meetings meet the criteria to close than 2.5 percent of the other 15 mammal U.S.C. 4321 et seq.) requirements for the meetings to the public because the populations or stocks). issuance of an IHA to L–DEO, NMFS matters to be considered are related to Based on the analysis contained will prepare an Environmental internal rules and practices of the herein of the likely effects of the Assessment (EA) titled ‘‘Issuance of an Department of Defense and the detailed specified activity on marine mammals Incidental Harassment Authorization to wage data to be considered were and their habitat, and taking into the Lamont-Doherty Earth Observatory obtained from officials of private consideration the implementation of the to Take Marine Mammals by establishments with a guarantee that the mitigation and monitoring measures, Harassment Incidental to a Marine data will be held in confidence. NMFS preliminarily finds that L–DEO’s Geophysical Survey in the Central However, members of the public who planned research activities, will result Pacific Ocean, November, 2011 through may wish to do so are invited to submit in the incidental take of small numbers January, 2012.’’ This EA will material in writing to the chairman of marine mammals, by Level B incorporate the NSF’s Environmental concerning matters believed to be harassment only, and that the total Analysis Pursuant To Executive Order deserving of the Committee’s attention. taking from the marine geophysical 12114 (NSF, 2010) and an associated Additional information concerning survey will have a negligible impact on report (Report) prepared by LGL Limited the meetings may be obtained by writing the affected species or stocks. Environmental Research Associates to the Chairman, Department of Defense (LGL) for NSF, titled, ‘‘Environmental Impact on Availability of Affected Wage Committee, 4000 Defense Assessment of a Marine Geophysical Pentagon, Washington, DC 20301–4000. Species or Stock for Taking for Survey by the R/V Marcus G. Langseth Subsistence Uses in the Central Pacific Ocean, Dated: September 13, 2011. There are no relevant subsistence uses November—December 2011,’’ by Patricia L. Toppings, of marine mammals implicated by this reference pursuant to 40 CFR 1502.21 OSD Federal Register Liaison Officer, action. and NOAA Administrative Order (NAO) Department of Defense. 216–6 § 5.09(d). Prior to making a final [FR Doc. 2011–23919 Filed 9–16–11; 8:45 am] Endangered Species Act decision on the IHA application, NMFS BILLING CODE 5001–06–P Of the species of marine mammals will make a decision of whether or not that may occur in the proposed survey to issue a Finding of No Significant area, six are listed as endangered under Impact (FONSI). DEPARTMENT OF DEFENSE the ESA, including the humpback, sei, fin, blue, and sperm whales and the Proposed Authorization Office of the Secretary Hawaiian monk seal. However, L–DEO As a result of these preliminary is only requested Level B incidental determinations, NMFS proposes to Meeting of the Department of Defense harassment of two species: The authorize the take of marine mammals Wage Committee humpback and sperm whales. L–DEO incidental to L–DEO’s proposed marine AGENCY: Department of Defense. did not request take of endangered seismic survey in the central Pacific ACTION: Notice of closed meetings. humpback, sei, or fin, whales because of Ocean, provided the previously

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57979

SUMMARY: Pursuant to the provisions of Pursuant to 5 U.S.C. § 552b, as Regulatory Division announces its section 10 of Public Law 92–463, the amended, and 41 CFR 102–3.155 all intent to prepare an EIS to assess the Federal Advisory Committee Act, notice sessions of the Air University Board of potential environmental impacts is hereby given that a closed meeting of Visitors’ meeting will be open to the associated with widening the existing the Department of Defense Wage public. Any member of the public Pascagoula Lower Sound/Bayou Casotte Committee will be held on Tuesday, wishing to provide input to the Air Federal Channel segment of Pascagoula October 18, 2011, at 10 a.m. at 1400 Key University Board of Visitors should Harbor (the Project). The proposed Boulevard, Level A, Room A101, submit a written statement in Project is a 100-foot-widening of the Rosslyn, Virginia 22209. accordance with 41 CFR 102–3.140(c) Lower Sound and Bayou Casotte Legs of Under the provisions of section 10(d) and section 10(a)(3) of the Federal the Pascagoula Harbor Channel, as well of Public Law 92–463, the Department Advisory Committee Act and the as limited widening of the northern of Defense has determined that the procedures described in this paragraph. portion of the Horn Island Pass Channel meetings meet the criteria to close Written statements can be submitted to to facilitate the transition between the meetings to the public because the the Designated Federal Officer at the two channel segments. The Corps is matters to be considered are related to address detailed below at any time. considering the Jackson County Port internal rules and practices of the Statements being submitted in response Authority/Port of Pascagoula (Port) Department of Defense and the detailed to the agenda mentioned in this notice application for a Department of the wage data to be considered were must be received by the Designated Army permit under Section 404 of the obtained from officials of private Federal Officer at the address listed Clean Water Act, Section 10 of the establishments with a guarantee that the below at least five calendar days prior Rivers and Harbors Act of 1899, and data will be held in confidence. to the meeting which is the subject of Section 103 of the Marine Protection, However, members of the public who this notice. Written statements received Research, and Sanctuaries Act. A joint may wish to do so are invited to submit after this date may not be provided to public notice for the Section 10 permit material in writing to the chairman or considered by the Air University (SAM–2011–00389–PAH) was issued by concerning matters believed to be Board of Visitors until its next meeting. the Corps on April 15, 2011. deserving of the Committee’s attention. The Designated Federal Officer will FOR FURTHER INFORMATION CONTACT: Additional information concerning review all timely submissions with the Questions about the proposed action the meetings may be obtained by writing Air University Board of Visitors’ Board and Draft EIS can be answered by Mr. to the Chairman, Department of Defense Chairperson and ensure they are Philip A. Hegji, Corps Project Manager, Wage Committee, 4000 Defense provided to members of the Board at (251) 690–3222. Comments shall be Pentagon, Washington, DC 20301–4000. before the meeting that is the subject of addressed to: U.S. Army Corps of Dated: September 13, 2011. this notice. Additionally, any member of Engineers, Mobile District, Regulatory Patricia L. Toppings, the public wishing to attend this Division, ATTN: File Number SAM– meeting should contact either person OSD Federal Register Liaison Officer, 2011–00389–PAH, at P.O. Box 2288, Department of Defense. listed below at least five calendar days Mobile, Alabama 36628–0001, or street prior to the meeting for information on [FR Doc. 2011–23920 Filed 9–16–11; 8:45 am] address, 109 St. Joseph Street, Mobile, base entry passes. BILLING CODE 5001–06–P Alabama 36602. FOR FURTHER INFORMATION CONTACT: Mrs. SUPPLEMENTARY INFORMATION: Diana Bunch, Designated Federal 1. Background. The EIS will assess DEPARTMENT OF DEFENSE Officer, Air University Headquarters, 55 the impacts associated with dredging LeMay Plaza South, Maxwell Air Force approximately 38,137 feet (7.22 miles) Department of the Air Force Base, Alabama 36112–6335, telephone of the existing Pascagoula Lower Sound/ (334) 953–4547. Bayou Casotte Federal Channel segment Air University Board of Visitors to widen the channel 100 feet parallel Meeting Bao-Anh Trinh, DAF, Air Force Federal Register Liaison to the existing channel centerline, to the ¥ ACTION: Notice of Meeting of the Air Officer. existing depth of 42 feet mean lower University Board of Visitors. [FR Doc. 2011–23925 Filed 9–16–11; 8:45 am] low water, as well as the beneficial use BILLING CODE 5001–10–P and placement of the dredged material. SUMMARY: Under the provisions of the The proposed project would be Federal Advisory Committee Act of developed over approximately the next 1972 (5 U.S.C., Appendix, as amended), DEPARTMENT OF DEFENSE 2 to 3 years. the Government in the Sunshine Act of The EIS discussed in this notice 1976 (5 U.S.C. 552b, as amended), and Department of the Army, Corps of would support the regulatory process 41 CFR 102–3.150, the Department of Engineers for this specific permit application and Defense announces that the Air Project. The Corps Planning Division is University Board of Visitors’ meeting Intent to Prepare an Environmental also preparing a separate EIS and will take place on Tuesday, 4 October Impact Statement (EIS) for a Permit Feasibility Study under the Corps 2011, from 1:30 p.m. to approximately Application for Widening of Bayou Planning Process to evaluate whether 2:30 p.m. The meeting will be a Casotte and Lower Sound Channels of there is a Federal interest in modifying conference call meeting. Please contact the Pascagoula Harbor Channel, in the the existing federally authorized Mrs. Diana Bunch, Designated Federal Port of Pascagoula, Jackson County, navigation channel (Federal Navigation Officer, at (334) 953–4547, for further Mississippi Channel) leading to Bayou Casotte (i.e., information to access the conference AGENCY: U.S. Army Corps of Engineers, Pascagoula channel widening from the call. The purpose and agenda of this DOD. Horn Island Pass to the entrance of the meeting is to provide independent ACTION: Notice of Intent. Bayou Casotte Harbor) and maintenance advice and recommendations on matters of the channel. pertaining to the strategic positioning of SUMMARY: The U.S. Army Corps of The primary Federal involvement in Air University’s educational mission. Engineers (Corps) Mobile District this EIS for the Regulatory Division is an

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57980 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

application for a permit to dredge or conditions through the beneficial use of Pascagoula Public Library, 3214 excavate adjacent to a Federal dredged material. Pascagoula Street, Pascagoula, MS Navigation Channel in or affecting 3. Issues. There are several potential 39567. navigable waters of the United States, environmental issues that will be A comment period was held for the and potential impacts on the human addressed in the EIS. Additional issues Regulatory Division on the permit environment from such activities, as may be identified during the scoping application, which was noticed April well as the disposal of material in the process. Issues initially identified as 15, 2011. The comment period was held littoral disposal area, which could be potentially significant include: from April 15, 2011 to May 16, 2011. suitable for beneficial use. Also a. Impacts to traffic, including marine The Corps will be accepting written included in the evaluation is the navigation and ground transportation; comments on this Notice of Intent to placement of dredged material within b. Potential impacts to endangered prepare an EIS, and they will be taken the U.S. Environmental Protection and threatened species; into consideration during development Agency (EPA) designated Pascagoula c. Air quality; of the document. We encourage any Ocean Dredged Material Disposal Site d. Water quality; additional comments from interested (ODMDS) and the designated Littoral e. Socioeconomic effects; public, agencies, and local officials. Zone Placement Area located east and f. Cumulative impacts; and Written and e-mailed comments to the g. Placement of dredged materials. south of the barrier island. It is Corps will be received until October 20, 4. Alternatives. Alternatives initially anticipated that the excavated area 2011. Written comments should be sent being considered for the proposed would become part of the Federal to the address below: improvement project include the Navigation Channel in the future, if the U.S. Army Corps of Engineers, Mobile Corps adopts maintenance of the following: a. No Project/No Action. .This District, Regulatory Division, c/o Philip widened area, pending approval of the A. Hegji, 109 St. Joseph Street, Mobile, Corps Planning documents described alternative would not implement any of the elements presented in the project Alabama 36628–0001, e-mail: above. No wetland impacts are known [email protected]. to exist at the proposed dredge disposal description. b. Widening 100 feet on the West Side. 6. Availability of the Draft EIS. The site. In accordance with the National Corps expects the Draft EIS to be made Environmental Policy Act (NEPA), the This alternative is the proposed Project to widen the Federal Channel segment available to the public in late spring Corps is requiring the preparation of an 2012. A public hearing will be held Environmental Impact Statement (EIS) approximately 100 feet parallel to the existing channel centerline, to the during the public comment period for prior to rendering a final decision on the ¥ the Draft EIS. Port’s permit application, based on existing depth of 42 feet mean lower potentially significant impacts to water low water. The width may be increased Dated: September 9, 2011. quality, cultural resources, endangered as necessary to allow adequate transit Craig J. Litteken, or threatened species, or sediment for navigation in transition zones. The Chief, Regulatory Division. transport. The Corps may ultimately improved channel would be 7.22 miles [FR Doc. 2011–23994 Filed 9–16–11; 8:45 am] make a determination to approve the long and result in excavation of BILLING CODE P permit, approve the permit with approximately 3.4 to 3.8 million cubic conditions, or deny the permit for the yards of dredged material. above project. c. Widening of 50 feet on Either Side DEFENSE NUCLEAR FACILITIES This effort will also support non- of the Channel Centerline. This SAFETY BOARD federal construction of the project and, alternative includes a proposal to widen in concert with the parallel Planning the Federal Channel segment, Senior Executive Service Performance Division EIS, the potential federal approximately 50 feet on either side of Review Board maintenance under the authority of the existing channel centerline, to the ¥ Section 204(b) of the Water Resources existing depth of 42 feet mean lower AGENCY: Defense Nuclear Facilities Development Act of 1986. low water. The width may be increased Safety Board. Pursuant to the National as necessary to allow adequate ACTION: Notice. Environmental Policy Act of 1969 (as transition for navigation. The improved amended), the Corps will serve as Lead channel would be similar in length and SUMMARY: This notice announces the Agency for the Preparation of an EIS. dredged material quantities to the membership of the Defense Nuclear The Draft EIS is intended to be proposed Project (widening 100 feet on Facilities Safety Board (DNFSB) Senior sufficient in scope to address both the the West Side). Executive Service (SES) Performance Federal and the state and local 5. Scoping Process. As part of the Review Board (PRB). requirements and environmental issues Corps Planning Division EIS, a public DATES: Effective Date: September 19, concerning the proposed activities and scoping meeting was conducted for the 2011. proposed Bayou Casotte and Lower permit approvals. The National Marine ADDRESSES: Send comments concerning Fisheries Service (NMFS) has expressed Sound Channels Widening of the this notice to: Defense Nuclear Facilities interest in acting as a cooperating Pascagoula Harbor Channel. The Safety Board, 625 Indiana Avenue, NW., agency in the preparation of the EIS. meeting was held to receive public Suite 700, Washington, DC 20004–2001. 2. Project Purpose and Need. The comments and assess public concerns overall project purpose is to widen the regarding the appropriate scope and FOR FURTHER INFORMATION CONTACT: existing Federal Navigation Channel, preparation of the Draft EIS. Deborah Biscieglia by telephone at (202) including excavation, as needed, to Participation in the public meeting by 694–7041 or by e-mail at reconfigure the site to alleviate the Federal, State, and local agencies and [email protected]. current transit restrictions and increase other interested organizations and SUPPLEMENTARY INFORMATION: 5 U.S.C. travel efficiencies for vessel transit, persons was encouraged. This meeting 4314(c)(1) through (5) requires each improve safety conditions for vessel was conducted in English, and was held agency to establish, in accordance with operations, improve conditions for port on Thursday, February 25, 2010 from regulations prescribed by the Office of operations, and improve habitat 5:30 p.m. to 7:30 p.m., located at the Personnel Management, one or more

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57981

performance review boards. The PRB Office Box 700, Piketon, Ohio 45661, following Web site: http://www.ports- shall review and evaluate the initial (740) 897–3822, ssab.energy.gov/. summary rating of the senior executive’s [email protected]. Issued at Washington, DC on September performance, the executive’s response, SUPPLEMENTARY INFORMATION: 14, 2011. and the higher level official’s comments Purpose of the Board: The purpose of LaTanya R. Butler, on the initial summary rating. In the Board is to make recommendations Acting Deputy Committee Management addition, the PRB will review and to DOE–EM and site management in the Officer. recommend executive performance areas of environmental restoration, [FR Doc. 2011–23941 Filed 9–16–11; 8:45 am] bonuses and pay increases. waste management and related BILLING CODE 6450–01–P The DNFSB is a small, independent activities. Federal agency; therefore, the members of the DNFSB SES Performance Review Tentative Agenda DEPARTMENT OF ENERGY Board listed in this notice are drawn • Call to Order, Introductions, Review from the SES ranks of other agencies. of Agenda. National Coal Council The following persons comprise a • Approval of September Minutes. AGENCY: Department of Energy. standing roster to serve as members of • Deputy Designated Federal Officer’s the Defense Nuclear Facilities Safety Comments. ACTION: Notice of open meeting. Board SES Performance Review Board: • Federal Coordinator’s Comments. SUMMARY: This notice announces a • Liaisons’ Comments. Christopher E. Aiello, Director of meeting of the National Coal Council • Presentation. Human Resources, Federal Deposit (NCC). The Federal Advisory Committee • FLUOR B&W Community Insurance Corporation Act (Pub. L. 92–463, 86 Stat. 770) Commitment Plan Update, Jerry David M. Capozzi, Director of Technical requires that public notice of these Schneider. and Information Services, United meetings be announced in the Federal • Administrative Issues: States Access Board Register. Edward C. Hobson, Associate Director Æ Subcommittee Updates. for Safety and Security, Peace Corps • Motions: DATES: Friday, October 21, 2011, 9 a.m. Steven G. McManus, Deputy Chief Æ Second Reading of the amendment to 12 p.m. Operating Officer, Armed Forces to the Operating Procedures: ADDRESSES: The Embassy Suites Retirement Home Section VI. Board Structure C 3a. Convention Center, 900 10th Street, Barry S. Socks, Chief Operating Officer, fourteen days changed to seven NW., Washington, DC 20001. National Capital Planning days as proposed by the Executive FOR FURTHER INFORMATION CONTACT: Commission Committee. Michael J. Ducker, U.S. Department of Christopher W. Warner, General • Public Comments. Energy; 4G–036/Forrestal Building, Counsel, U.S. Chemical Safety and • Final Comments. 1000 Independence Avenue, SW., Hazard Investigation Board • Adjourn. Washington, DC 20585–1290; Dated: September 12, 2011. Public Participation: The meeting is Telephone: (202) 586–7810. Brian Grosner, open to the public. The EM SSAB, SUPPLEMENTARY INFORMATION: Portsmouth, welcomes the attendance of Chairman, Executive Resources Board. Purpose of Meeting: To conduct an the public at its advisory committee open meeting of the NCC and to provide [FR Doc. 2011–23884 Filed 9–16–11; 8:45 am] meetings and will make every effort to an update of the current NCC study. BILLING CODE 3670–01–P accommodate persons with physical disabilities or special needs. If you Tentative Agenda require special accommodations due to • Welcome and Call to Order by NCC DEPARTMENT OF ENERGY a disability, please contact Joel Chair. Bradburne at least seven days in • Keynote address by Secretary Environmental Management Site- advance of the meeting at the phone Steven Chu, Department of Energy. Specific Advisory Board, Portsmouth number listed above. Written statements • Presentation by Phil Ren on the AGENCY: Department of Energy (DOE). may be filed with the Board either Northeast Asia Coal Exchange Center. before or after the meeting. Individuals • Presentation by Barry Worthington, ACTION: Notice of open meeting. who wish to make oral statements President of the U.S. Energy Agency. SUMMARY: This notice announces a pertaining to agenda items should • Presentation by Lynn Sprague, meeting of the Environmental contact Joel Bradburne at the address or National Museum of Forest Service Management Site-Specific Advisory telephone number listed above. History, on reforestation and Board (EM SSAB), Portsmouth. The Requests must be received five days reclamation of mine lands. Federal Advisory Committee Act (Pub. prior to the meeting and reasonable • Council Business. L. 92–463, 86 Stat. 770) requires that provision will be made to include the • Adjourn. public notice of this meeting be presentation in the agenda. The Deputy Public Participation: The meeting is announced in the Federal Register. Designated Federal Officer is open to the public. If you would like to DATES: Thursday, October 6, 2011, 6 empowered to conduct the meeting in a file a written statement with the p.m. fashion that will facilitate the orderly Committee, you may do so either before conduct of business. Individuals or after the meeting. If you would like ADDRESSES: Ohio State University, wishing to make public comments will to make oral statements regarding any Endeavor Center, 1862 Shyville Road, be provided a maximum of five minutes potential items on the agenda, you Piketon, Ohio 45661. to present their comments. should contact Michael J. Ducker, (202) FOR FURTHER INFORMATION CONTACT: Joel Minutes: Minutes will be available by 586–7810 or Bradburne, Deputy Designated Federal writing or calling Joel Bradburne at the [email protected] (e-mail). Officer, Department of Energy address and phone number listed above. You must make your request for an oral Portsmouth/Paducah Project Office, Post Minutes will also be available at the statement at least 5 business days before

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57982 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

the meeting. Reasonable provision will Investments LLC MBR to be effective 9/ Docket Numbers: ER11–4475–000. be made to include the scheduled oral 8/2011. Applicants: Rockland Wind Farm statements on the agenda. The Filed Date: 09/08/2011. LLC. Chairperson of the Committee will Accession Number: 20110908–5060. Description: Rockland Wind Farm conduct the meeting to facilitate the Comment Date: 5 p.m. Eastern Time LLC submits tariff filing per 35.12: orderly conduct of business. Public on Thursday, September 29, 2011. Rockland Wind Farm LLC—Market- comment will follow the 10-minute Docket Numbers: ER11–4469–000. Based Tariff Filing to be effective rule. Applicants: Columbia Utilities Power, 9/8/2011. Minutes: The NCC will prepare LLC. Filed Date: 09/08/2011. meeting minutes within 45 days of the Description: Columbia Utilities Accession Number: 20110908–5121. meeting. The minutes will be posted on Power, LLC submits tariff filing per Comment Date: 5 p.m. Eastern Time the NCC Web site at http:// 35.1: Columbia Utilities Power FERC on Thursday, September 29, 2011. www.nationalcoalcouncil.org/. Electric Tariff to be effective 9/8/2011. Docket Numbers: ER11–4476–000. Issued: September 13, 2011. Filed Date: 09/08/2011. Applicants: Black Hills Power, Inc. LaTanya R. Butler, Accession Number: 20110908–5066. Description: Black Hills Power, Inc. Acting Deputy Committee Management Comment Date: 5 p.m. Eastern Time submits tariff filing per 35.13(a)(2)(iii: Officer. on Thursday, September 29, 2011. Revised JOATT Section 23 to be [FR Doc. 2011–23943 Filed 9–16–11; 8:45 am] Docket Numbers: ER11–4470–000. effective 6/23/2011. Filed Date: 09/08/2011. BILLING CODE 6450–01–P Applicants: Palmco Power NJ, LLC. Description: Palmco Power NJ, LLC Accession Number: 20110908–5142. submits tariff filing per 35.1: Palmco Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Power NJ FERC Electric Tariff to be on Thursday, September 29, 2011. effective 9/8/2011. Docket Numbers: ER11–4477–000. Office of Energy Efficiency and Filed Date: 09/08/2011. Applicants: Westar Energy, Inc. Renewable Energy Accession Number: 20110908–5078. Description: Westar Energy, Inc. Comment Date: 5 p.m. Eastern Time submits tariff filing per 35.13(a)(2)(iii: [Docket No. EERE–2011–BT–BC–0046] on Thursday, September 29, 2011. Mid-Kansas Electric Company, LLC, Building Energy Codes Cost Analysis Docket Numbers: ER11–4471–000. Balancing Area Services Agreement to Applicants: Palmco Power PA, LLC. be effective 9/1/2011. Correction Description: Palmco Power PA, LLC Filed Date: 09/08/2011. In notice document 2011–23236 submits tariff filing per 35.1: Palmco Accession Number: 20110908–5146. beginning on page 56413 in the issue of Power PA FERC Electric Tariff to be Comment Date: 5 p.m. Eastern Time Tuesday, September 13, 2011 make the effective 9/8/2011. on Thursday, September 29, 2011. following correction: Filed Date: 09/08/2011. Docket Numbers: ER11–4478–000. On page 56422 the heading ‘‘Table 1. Accession Number: 20110908–5081. Applicants: White Creek Wind I, LLC. Cash flow components’’ should read Comment Date: 5 p.m. Eastern Time Description: White Creek Wind I, LLC ‘‘Table 7. Cash flow components’’. on Thursday, September 29, 2011. submits tariff filing per 35.1: White [FR Doc. C1–2011–23236 Filed 9–16–11; 8:45 am] Docket Numbers: ER11–4472–000. Creek Wind I, LLC MBR Tariff to be BILLING CODE 1505–01–P Applicants: Palmco Power CT, LLC. effective 8/1/2007. Description: Palmco Power CT, LLC Filed Date: 09/08/2011. submits tariff filing per 35.1: Palmco Accession Number: 20110908–5147. DEPARTMENT OF ENERGY Power CT FERC Electric Tariff to be Comment Date: 5 p.m. Eastern Time effective 9/8/2011. on Thursday, September 29, 2011. Federal Energy Regulatory Filed Date: 09/08/2011. Docket Numbers: ER11–4479–000. Commission Accession Number: 20110908–5082. Applicants: Endure Energy, L.L.C. Comment Date: 5 p.m. Eastern Time Description: Endure Energy, L.L.C. Combined Notice of Filings #1 on Thursday, September 29, 2011. submits tariff filing per 35.1: Market Take notice that the Commission Docket Numbers: ER11–4473–000. Based Rates Re-file to be effective 9/8/ received the following electric corporate Applicants: Palmco Power MD, LLC. 2011. filings: Description: Palmco Power MD, LLC Filed Date: 09/08/2011. Docket Numbers: EC11–116–000. submits tariff filing per 35.1: Palmco Accession Number: 20110908–5168. Applicants: International Power MD FERC Electric Tariff to be Comment Date: 5 p.m. Eastern Time Transmission Company. effective 9/8/2011. on Thursday, September 29, 2011. Description: ITC Section 203 Filed Date: 09/08/2011. Docket Numbers: ER11–4480–000. Application Regarding Pine Tree Acres Accession Number: 20110908–5083. Applicants: California Independent Line. Comment Date: 5 p.m. Eastern Time System Operator Corporation. Filed Date: 09/09/2011. on Thursday, September 29, 2011. Description: California Independent Accession Number: 20110909–5089. Docket Numbers: ER11–4474–000. System Operator Corporation submits Comment Date: 5 p.m. Eastern Time Applicants: Oceanside Power LLC. tariff filing per 35.13(a)(2)(iii: 2011–09– on Friday, September 30, 2011. Description: Oceanside Power LLC 08 CAISO CDWR PLA Extension to be Take notice that the Commission submits tariff filing per 35.1: Oceanside effective 9/10/2011. received the following electric rate Power LLC Baseline Tariff Filing to be Filed Date: 09/08/2011. filings: effective 9/8/2011. Accession Number: 20110908–5169. Docket Numbers: ER11–4468–000. Filed Date: 09/08/2011. Comment Date: 5 p.m. Eastern Time Applicants: Energy Investments, LLC. Accession Number: 20110908–5099. on Thursday, September 29, 2011. Description: Energy Investments, LLC Comment Date: 5 p.m. Eastern Time Docket Numbers: ER11–4481–000. submits tariff filing per 35.1: Energy on Thursday, September 29, 2011. Applicants: Black Hills Power, Inc.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57983

Description: Black Hills Power, Inc. PSCo_WAPA_Richard Lk Mtr to be under the La Paz Agreement and submits tariff filing per 35.13(a)(2)(iii: effective 4/14/2011. succeeds Border 2012, a ten-year Revised BH Power, Inc., JOATT Section Filed Date: 09/09/2011. program that will end in 2012. The 23 to be effective 9/9/2011. Accession Number: 20110909–5104. mission of Border 2020 is ‘‘to protect Filed Date: 09/08/2011. Comment Date: 5 p.m. Eastern Time public health and the environment in Accession Number: 20110908–5171. on Friday, September 30, 2011. the U.S.-Mexico border region, Comment Date: 5 p.m. Eastern Time The filings are accessible in the consistent with the principles of on Thursday, September 29, 2011. Commission’s eLibrary system by sustainable development’’. EPA is Docket Numbers: ER11–4482–000. clicking on the links or querying the requesting comments from interested Applicants: Madstone Energy Corp. docket number. parties and border stakeholders on the Description: Madstone Energy Corp Any person desiring to intervene or draft Border 2020 Framework. submits tariff filing per 35.12: FERC protest in any of the above proceedings DATES: Written comments must be Electric Tariff to be effective 10/31/ must file in accordance with Rules 211 submitted no later than November 30, 2011. and 214 of the Commission’s 2011. Regulations (18 CFR 385.211 and Filed Date: 09/09/2011. ADDRESSES: Written comments can be Accession Number: 20110909–5001. 385.214) on or before 5 p.m. Eastern submitted by mail or fax to EPA Office Comment Date: 5 p.m. Eastern Time time on the specified comment date. of International and Tribal Affairs on Friday, September 30, 2011. Protests may be considered, but (OITA) or either of EPA’s Border Offices intervention is necessary to become a Docket Numbers: ER11–4483–000. (see section VI–C). Comments can also party to the proceeding. Applicants: ISO New England Inc. be submitted on EPA’s U.S.-Mexico eFiling is encouraged. More detailed Border Web site at: http://www.epa.gov/ Description: ISO New England Inc. information relating to filing submits tariff filing per 35.13(a)(2)(iii: border2012. In addition, EPA will be requirements, interventions, protests, accepting comments at public meetings ISO–NE OATT Schedule 21—CTMEEC service, and qualifying facilities filings to be effective 11/6/2011. to be held throughout the border region can be found at: http://www.ferc.gov/ during September and October 2011. Filed Date: 09/09/2011. docs-filing/efiling/filing-req.pdf. For Accession Number: 20110909–5021. The draft framework, ‘‘Border 2020: other information, call (866) 208–3676 U.S.-Mexico Environmental Program’’, Comment Date: 5 p.m. Eastern Time (toll free). For TTY, call (202) 502–8659. on Friday, September 30, 2011. is posted in English and Spanish on Docket Numbers: ER11–4484–000. Dated: September 9, 2011. EPA’s Border Web page at: http:// Applicants: Victoria International Ltd. Nathaniel J. Davis, Sr., www.epa.gov/border2012. In addition, Description: Victoria International Deputy Secretary. English/Spanish copies of the draft Ltd. submits tariff filing per 35.1: [FR Doc. 2011–23921 Filed 9–16–11; 8:45 am] document can be requested by contacting the EPA Office of Victoria International Ltd Baseline BILLING CODE 6717–01–P Tariff Filing to be effective 9/9/2011. International and Tribal Affairs, Filed Date: 09/09/2011. 1200 Pennsylvania Ave., NW., Accession Number: 20110909–5032. ENVIRONMENTAL PROTECTION Washington, DC 20460. Telephone: Comment Date: 5 p.m. Eastern Time AGENCY 202–564–5736. on Friday, September 30, 2011. FOR FURTHER INFORMATION CONTACT: [FRL–9466–2] Laura E. Gomez Rodriguez at 202–564– Docket Numbers: ER11–4485–000. 5736. Applicants: PJM Interconnection, Notice of the Availability of the Draft SUPPLEMENTARY INFORMATION: L.L.C. Framework for the U.S.-Mexico Description: PJM Interconnection, Environmental Program: Border 2020 I. Background L.L.C. submits tariff filing per AGENCY: Environmental Protection For decades, the U.S. and Mexico 35.13(a)(2)(iii: PJM Service Agreement have collaborated on efforts to protect No. 3047 among PJM, Alethea and Agency (EPA). ACTION: Notice. the environment and health of border JCP&L to be effective 8/10/2011. communities. One of the first bi- Filed Date: 09/09/2011. SUMMARY: The U.S. Environmental national efforts was the Border XXI Accession Number: 20110909–5077. Protection Agency (EPA) and the Program, which was initiated in 1996 Comment Date: 5 p.m. Eastern Time Secretaria de Medio Ambiente y with a five-year plan for addressing the on Friday, September 30, 2011. Recursos Naturales (Mexico’s Secretariat most challenging environmental and Docket Numbers: ER11–4486–000. of Environment and Natural Resources, environmentally-related health Applicants: ITC Midwest LLC. SEMARNAT) is announcing the problems in the region. The formal Description: ITC Midwest LLC availability of the draft document, foundation for these bi-national efforts submits tariff filing per 35.13(a)(2)(iii: ‘‘Border 2020: U.S.-Mexico is the La Paz Agreement (http:// Filing of Agreements with Central Iowa Environmental Program’’. Border 2020 www.epa.gov/usmexicoborder/2002/ Power Cooperative to be effective 11/9/ is an eight-year, bi-national, results- efpaz.htm) signed by Presidents De la 2011. oriented, environmental program for the Madrid and Reagan in 1983. The Filed Date: 09/09/2011. U.S.-Mexico border region, which has agreement is implemented through Accession Number: 20110909–5101. been developed by the EPA and multi-year bi-national programs such as Comment Date: 5 p.m. Eastern Time SEMARNAT, the 26 U.S. border Tribes, Border XXI, Border 2012 and now the on Friday, September 30, 2011. the indigenous communities of Mexico new Border 2020 program. Although Docket Numbers: ER11–4487–000. and the environmental agencies from most of the Border XXI projects were Applicants: Public Service Company each of the ten U.S.-Mexico border implemented at the local level, its of Colorado. states. organizational structure emphasized Description: Public Service Company The proposed Border 2020 Program is border-wide coordination and planning. of Colorado submits tariff filing per the latest multi-year, bi-national Nine border-wide workgroups—each 35.13(a)(2)(iii: 2011–9–9_308– planning effort to be implemented focused on a particular environmental

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57984 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

program, such as air quality or A. National Coordinators III. Goals and Objectives hazardous waste management— Border 2020 establishes the following coordinated the efforts of various Consistent with the requirements of the La Paz Agreement, the National six environmental goals for the U.S.- Federal, state, Tribal and local Mexico border region: governmental activities in the border Coordinators will monitor and manage Goal #1: Reduce Conventional Air area. The existing Border 2012 Program implementation of the Border 2020 Pollutant and GHG Emissions. builds upon the successes achieved Program and ensure cooperation and Goal #2: Improve Water Quality and under Border XXI while also communication among all coordinating bodies. Water Infrastructure Sustainability establishing a regionally-focused border and Reduce Exposure to plan to facilitate environmental priority B. Policy Fora Contaminated Water. setting and planning at the regional and Goal #3: Materials Management and local levels. Policy Fora concentrate on issues that Clean Sites. Border 2012 is a 10-year, bi-national, are border-wide and multi-regional Goal #4: Improve Environmental and results-oriented, environmental program (identified as a priority by two or more Public Health through Chemical for the U.S.-Mexico border region, regional workgroups), primarily Federal Safety. which was developed by the EPA, the in nature (requiring direct, high-level, Goal #5: Enhance Joint Preparedness for U.S. Department of Health and Human and sustained leadership by Federal Environmental Response. Services, Secretarı´a de Medio Ambiente program partners in the United States Goal #6: Improve Environmental y Recursos Naturales (Mexico’s and Mexico) and that might require Management through Compliance and Secretariat of Environment and Natural broad policy considerations. Each of the Enforcement, Pollution Prevention, Resources), Secretarı´a de Salud six Policy Fora will have a Federal co- and Promotion of Responsible (Mexico’s Secretariat of Health), the 26 chair from the United States and Environmental Management. Mexico, respectively. U.S. border Tribes, and the IV. Reporting Results environmental agencies from each of the C. Regional Workgroups ten U.S.-Mexico border states. The The coordinating bodies will prepare Border 2012 Program is a multi-year, bi- Regional Workgroups are multi-media Highlight reports that describe the national planning effort to be and geographically-focused, and accomplishments and successes under implemented under the La Paz emphasize regional public health and the Border 2020 program every three Agreement and succeeds Border XXI, a environmental issues. They coordinate years (2015, 2018). In addition, a five-year program that ended in 2000. activities at the regional level and comprehensive mid-term (2016) and The mission of Border 2012 is ‘‘to support the efforts of local Task Forces. final progress report (2020) that describe protect public health and the Each Regional Workgroup will have one progress on meeting the goals and environment in the U.S.-Mexico border state and one Federal co-chair from each objectives of the program, including region, consistent with the principles of country. Four bi-national workgroups environmental indicators will be made sustainable development’’. Border 2020 have been established in the following available accordingly. Indicator reports will continue to operate under the regions: which will measure progress being existing Border 2012 bottom-up made toward Border 2020 goals and California-Baja California; approach, which incorporates local objectives will be developed during the decision making within priority setting Arizona-Sonora; third and seventh year of the program. and project implementation process. New Mexico-Texas-Chihuahua; V. Fundamental Principles Border 2020 will also continue to Texas-Coahuila-Nuevo Leo´n- emphasize concrete measurable results, As a companion to the six strategic Tamaulipas. public participation, transparency and goals (and associated objectives), which access to environmental information. outline the anticipated results we hope The Policy Fora and the Regional to achieve in the next eight years, the New features of the Border 2020 Workgroups will be broad-based and following five Fundamental Principles Program are the following: (1) will include representation from local provide the expectation for how we will Integration of fundamental principles to communities from both sides of the approach and consider complex and be used as we approach and consider border, including non-governmental or critical challenges faced by border complex and critical challenges faced by community-based organizations; communities along the U.S.-Mexico border communities along the U.S.- academic institutions; local, state, and Border. The fundamental principles will Mexico Border ; (2) a focus on Tribal representatives; and bi-national complement and inform the work that improving environmental health organizations (such as the Border we do to achieve the mission and goals through chemical safety; and (3) the use Environmental Cooperation of the Border 2020 program. They are of Action plans that will establish Commission or the North American identified as follows: priority and near-term targets that pay Development Bank) with expertise in Climate Change; attention to the particular needs of a the given workgroup’s subject area. Disadvantaged and Underserved community or geographic area and Except for the National Coordinators, Communities; adapt to unanticipated resource the coordinating bodies may create Task Children’s Health; constraints. Forces to address specific community- Environmental Education; II. Coordinating Bodies identified concerns and implement site- Strengthening State, Tribal and specific projects. Task Forces will be led International Partnerships. Border 2020 will continue to be by a ‘‘team leader’’ from each country organized around coordinating bodies. and may be from any sector of VI. Public Input and Participation These coordinating bodies include the government (including Tribal During the Comment Period following: The National Coordinators, governments), the private sector, EPA and SEMARNAT are seeking six Policy For a, and four Regional academia, or from non-governmental input from border stakeholders and (geographically-focused) Workgroups. organizations. other interested parties about the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57985

proposed Border 2020 program. We Program on Indian Reservations’’ within number. No person shall be subject to invite public comments related to all the Border 2020 U.S.-Mexico program. any penalty for failing to comply with aspects of the proposed Border 2020 EPA recognizes that U.S. Tribal a collection of information subject to the plan, and, in particular, we are governments are sovereign and are the PRA that does not display a valid Office interested in comments related to: How primary parties for setting standards, of Management and Budget (OMB) well will the six long-term strategic making environmental policy decisions, control number. goals address the serious environmental and managing environmental programs DATES: Written PRA comments should and environmentally-related public on Indian reservations. be submitted on or before November 18, Within the Border 2020 Program, EPA health challenges in the border region. 2011. If you anticipate that you will be will comply with Executive Order The draft Border 2020 framework submitting comments, but find it 13175 or 13563, Consultation and document is available online for difficult to do so within the period of Coordination with Indian Tribal viewing at http://www.epa.gov/border time allowed by this notice, you should 2012. A number of opportunities for the Governments’’ and work with Tribes advise the contact listed below as soon public to comment on the draft when formulating and implementing as possible. document are provided as follows: policies or taking other actions that have a substantial direct effect on any Indian ADDRESSES: Direct all PRA comments to A. EPA U.S.-Mexico Border Web Site Tribe. the Federal Communications Individuals can submit comments Dated: September 12, 2011. Commission via e-mail to [email protected] directly by filling out the public and [email protected]. Jane Nishida, comment form at: http://www.epa.gov/ Director Office of Regional and Bilateral FOR FURTHER INFORMATION CONTACT: For border2012 . Affairs, Office of International and Tribal additional information about the B. Public Meetings Affairs. information collection, contact Cathy Williams at (202) 418–2918. A number of public meetings will be [FR Doc. 2011–23981 Filed 9–16–11; 8:45 am] held in September and October 2011. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: For meeting locations and times, please OMB Control Number: 3060–0627. check the EPA U.S.-Mexico Border Web Title: Application for AM Broadcast site or contact the EPA Office of FEDERAL COMMUNICATIONS Station License, FCC Form 302–AM. COMMISSION International and Tribal Affairs. Public Form Number: FCC Form 302–AM. comment will be accepted at these Information Collection Being Reviewed Type of Review: Extension of meetings. currently approved collection. C. Interested parties can also mail or by the Federal Communications fax comments to the EPA OITA, Region Commission Under Delegated Respondents: Business or other for- 9 or Region 6 Border Offices or Authority profit entities; not for profit institutions. SEMARNAT at the addresses and/or fax AGENCY: Federal Communications Number of Respondents and numbers listed below. Commission. Reponses: 380 respondents; 380 responses. U.S. Environmental Protection Agency, ACTION: Notice and request for Office of International and Tribal comments. Estimated Time per Response: 4–20 Affairs (MC–2650R), Laura E. Gomez hours. Rodriguez, 1200 Pennsylvania Ave., SUMMARY: The Federal Communications Frequency of Response: On occasion NW., Washington, DC 20460. Fax: Commission (FCC), as part of its reporting requirement. (202) 565–2411. continuing effort to reduce paperwork Total Annual Burden: 2,800 hours. Region 9—San Diego. Tomas Torres, burdens, invites the general public and Total Annual Costs: $16,651,600. other Federal agencies to take this EPA San Diego Border Office, Obligation to Respond: The statutory opportunity to comment on the 610 West Ash St., Suite 905, San authority for this collection of following information collection, as Diego, CA 92101. Fax: (619) 235– information is contained in Sections required by the Paperwork Reduction 4771. 154(i), 303 and 308 of the Region 6—El Paso. Carlos Rincon, EPA Act (PRA) of 1995. Comments are Communications Act of 1934, as El Paso Border Office, 4050 Rio Bravo, requested concerning (a) Whether the amended. Ste. 100, El Paso, TX 79902. Fax: (915) proposed collection of information is 544–6026. necessary for the proper performance of Nature and Extent of Confidentiality: Secretaria del Medio Ambiente y the functions of the Commission, There is no need for confidentiality with Recursos Naturales (SEMARNAT), including whether the information shall this collection of information. Boulevard Adolfo Ruiz Cortı´nez No. have practical utility; (b) the accuracy of Privacy Impact Assessment(s): No 4209 1er. piso Ala A, Fracc. Jardines the Commission’s burden estimate; (c) impact(s). en la Montan˜ a, Delegacio´n Tlalpan, ways to enhance the quality, utility, and Needs and Uses: Licenses and Me´xico D.F., C.P. 14210. clarity of the information collected; (d) permittees of AM broadcast stations are D. Interested parties can also e-mail ways to minimize the burden of the required to file FCC Form 302–AM to comments to EPA at collection of information on the obtain a new or modified station [email protected] or respondents, including the use of license, and/or to notify the SEMARNAT at automated collection techniques or Commission of certain changes in the [email protected]. other forms of information technology; licensed facilities of these stations. and (e) ways to further reduce the Additionally, when changes are made to VII. EPA’s Relationship With U.S. information collection burden on small an AM station that alter the resistance Border Tribes in Border 2020 business concerns with fewer than 25 of the antenna system, a licensee must EPA will continue to honor its unique employees. initiate a determination of the operating trust relationship with U.S. Indian The FCC may not conduct or sponsor power by the direct method. The results Tribes and enforce its ‘‘Policy for the a collection of information unless it of this are reported to the Commission Administration of Environmental displays a currently valid control using the FCC 302–AM.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57986 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: state or political subdivision thereof for Marlene H. Dortch, Judith B. Herman, Office of Managing any purpose other than the purpose for Secretary, Office of the Secretary, Office of Director, (202) 418–0214. For additional which any such fees or charges are Managing Director. information, contact judith- specified. [FR Doc. 2011–23942 Filed 9–16–11; 8:45 am] [email protected], Office of Managing Dated: September 12, 2011. BILLING CODE 6712–01–P Director, 202–418–0214. Federal Communications Commission. SUPPLEMENTARY INFORMATION: Marlene H. Dortch, OMB Control Number: 3060–1122. Secretary, Office of the Secretary, Office of FEDERAL COMMUNICATIONS Title: Preparation of Annual Reports COMMISSION Managing Director. to Congress for the Collection and [FR Doc. 2011–23955 Filed 9–16–11; 8:45 am] Expenditure of Fees or Charges for Notice of Public Information BILLING CODE 6712–01–P Enhanced 911 (E911) Services Under Collection(s) Being Reviewed by the the NET 911 Improvement At of 2008. Federal Communications Commission for Extension Under Delegated Form No.: N/A. FEDERAL COMMUNICATIONS Authority, Comments Requested Type of Review: Extension of a COMMISSION currently approved collection. SUMMARY: The Federal Communications Respondents: State, local or tribal Notice of Public Information Commission, as part of its continuing government. Collection(s) Being Reviewed by the effort to reduce paperwork burden Number of Respondents and Federal Communications Commission, invites the general public and other Responses: 56 respondents; 56 Comments Requested Federal agencies to take this responses. opportunity to comment on the Estimated Time Per Response: 50 September 12, 2011. following information collection(s), as hours. SUMMARY: The Federal Communications required by the Paperwork Reduction Frequency of Response: Annual Commission, as part of its continuing Act (PRA) of 1995, 44 U.S.C. 3501–3520. reporting requirement and effort to reduce paperwork burden Comments are requested concerning: (a) recordkeeping requirement. invites the general public and other Whether the proposed collection of Obligation to Respond: Voluntary. Federal agencies to take this information is necessary for the proper Statutory authority for this information opportunity to comment on the performance of the functions of the collection is contained in the New and following information collection(s), as Commission, including whether the Emerging Technologies 911 required by the Paperwork Reduction information shall have practical utility; Improvement Act of 2008, Public Law Act (PRA) of 1995, 44 U.S.C. 3501–3520. (b) the accuracy of the Commission’s 110–283, 122 Stat. 2620 (2008) (NET Comments are requested concerning: (a) burden estimate; (c) ways to enhance 911 Act). Whether the proposed collection of the quality, utility, and clarity of the Total Annual Burden: 2,800 hours. information is necessary for the proper information collected; (d) ways to Total Annual Cost: N/A. performance of the functions of the minimize the burden of the collection of Privacy Act Impact Assessment: N/A. Commission, including whether the information on the respondents, Nature and Extent of Confidentiality: information shall have practical utility; including the use of automated There are no assurances of (b) the accuracy of the Commission’s collection techniques or other forms of confidentiality provided to respondents. burden estimate; (c) ways to enhance information technology, and (e) ways to The Commission’s rules address the the quality, utility, and clarity of the further reduce the information issue of confidentiality in sections 47 information collected; collection burden for small business CFR 0.457, 0.459, and 0.461. These rules (d) ways to minimize the burden of the concerns with fewer than 25 employees. address access to records that are not collection of information on the The FCC may not conduct or sponsor routinely available to the public, respondents, including the use of a collection of information unless it requests and requirements that materials automated collection techniques or displays a currently valid OMB control submitted to the Commission be other forms of information technology, number. No person shall be subject to withheld from public inspection, and and (e) ways to further reduce the any penalty for failing to comply with requests for inspection of materials not information collection burden on small a collection of information subject to the routinely available to the public. business concerns with fewer than 25 Paperwork Reduction Act (PRA) that Needs and Uses: The Commission employees. does not display a currently valid OMB will submit this expiring information The FCC may not conduct or sponsor control number. collection to the OMB after this a collection of information unless it DATES: Written Paperwork Reduction comment period to obtain the three year displays a currently valid OMB control Act (PRA) comments should be clearance from them. There is no change number. No person shall be subject to submitted on or before November 18, in the Commission’s burden estimates. any penalty for failing to comply with 2011. If you anticipate that you will be There are no changes in the reporting a collection of information subject to the submitting PRA comments, but find it and/or recordkeeping requirements. Paperwork Reduction Act (PRA) that difficult to do so within the period of The purpose of the information does not display a currently valid OMB time allowed by this notice, you should collection is to meet the Commission’s control number. advise the FCC contact listed below as ongoing statutory obligations under the DATES: Written Paperwork Reduction soon as possible. New and Emerging Technologies 911 Act (PRA) comments should be ADDRESSES: Direct all PRA comments to Improvement Act of 2008, which submitted on or before November 18, Nicholas A. Fraser, Office of requires the Commission to submit an 2011. If you anticipate that you will be Management and Budget, via fax at 202– annual report to congress detailing the submitting PRA comments, but find it 395–5167 or via the Internet at status in each state of the collection and difficult to do so within the period of [email protected] and distribution of such fees or charges, and time allowed by this notice, you should to the Federal Communications including findings on the amount of advise the FCC contact listed below as Commission via e-mail to [email protected]. revenues obligated or expended by each soon as possible.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57987

ADDRESSES: Direct all PRA comments to paperwork burdens. These include the Whether the proposed collection of Nicholas A. Fraser, Office of pole owner notifying all known entities information is necessary for the proper Management and Budget, via fax at 202– with existing attachments and the performance of the functions of the 395–5167 or via the Internet at requesting attacher of the scheduled Commission, including whether the [email protected] and work. Other notification occurs if the information shall have practical utility; to the Federal Communications make-ready period is interrupted, and if (b) the accuracy of the Commission’s Commission via e-mail to [email protected]. a pole owner asserts its right to one 15- burden estimate; (c) ways to enhance FOR FURTHER INFORMATION CONTACT: day extension of time. Pole owners both the quality, utility, and clarity of the Judith B. Herman, Office of Managing perform make ready and coordinate information collected; (d) ways to Director, (202) 418–0214. For additional with existing attachers over many minimize the burden of the collection of information, contact judith- weeks. information on the respondents, [email protected], OMD, 202–418– Also, the Order adopted rules including the use of automated 0214. intended to make the deadlines largely collection techniques or other forms of self-enforcing. Utilities are required to information technology; and (e) ways to SUPPLEMENTARY INFORMATION: post a list of approved contractors. If a further reduce the information OMB Control Number: 3060–1151. deadline is not met, new attachers may Title: Sections 1.1420, 1.1422, and collection burden for small business hire a listed, utility-approved contractor 1.1424, Pole Attachment Access concerns with fewer than 25 employees. to perform pole attachment surveys or Requirements. The FCC may not conduct or sponsor preparation in lieu of the utility using Form No.: N/A. a collection of information unless it Type of Review: Extension of a its own workers. If an attacher uses a displays a currently valid OMB control currently approved collection. utility-approved contractor, it must number. No person shall be subject to Respondents: Business or other for- notify the utility, and invite the utility any penalty for failing to comply with profit. to send a representative to oversee the a collection of information subject to the work. This self-enforcing mechanism Number of Respondents and Paperwork Reduction Act (PRA) that removes some of the burden from the Responses: 1,278 respondents; 54,932 does not display a currently valid OMB complaint process, which is often too responses. control number. Estimated Time per Response: 1–600 slow to provide meaningful relief when hours. pole access is denied or unreasonably DATES: Written Paperwork Reduction Frequency of Response: On occasion delayed. Act (PRA) comments should be reporting requirement, recordkeeping Finally, the Order also broadened the submitted on or before October 19, requirement and third party disclosure existing enforcement process by 2011. If you anticipate that you will be requirement. permitting incumbent local exchange submitting PRA comments, but find it Obligation To Respond: Mandatory. carriers (LECs) to file complaints difficult to do so within the period of Statutory authority for this information alleging that the attachment rates time allowed by this notice, you should collection is contained in 47 U.S.C. 224. demanded by electric utilities are advise the FCC contact listed below as Total Annual Burden: 683,169 hours. unreasonable. The Order also soon as possible. Total Annual Cost: N/A. encourages incumbent LECs that benefit ADDRESSES: Direct all PRA comments to Privacy Act Impact Assessment: N/A. from lower pole attachment costs to file Nicholas A. Fraser, Office of Nature and Extent of Confidentiality: data at the Commission that Management and Budget, via fax at 202– No confidentiality regarding demonstrates that the benefits are being 395–5167 or via the Internet at recordkeeping or reporting. No known passed on to consumers. [email protected] and confidentiality between third parties. Federal Communications Commission. to the Federal Communications Needs and Uses: The Commission is Marlene H. Dortch, Commission via e-mail to [email protected]. seeking OMB approval for an extension To view a copy of this information (no change in the reporting, Secretary, Office of the Secretary, Office of Managing Director. collection request (ICR) submitted to recordkeeping and/or third party OMB: (1) Go to the Web page http:// disclosure requirements.) There is no [FR Doc. 2011–23954 Filed 9–16–11; 8:45 am] reginfo.gov/public/do/PRAMain, (2) change in the Commission’s burden BILLING CODE 6712–01–P look for the section of the Web page estimates. The Commission received called ‘‘Currently Under Review’’, (3) emergency OMB approval for this FEDERAL COMMUNICATIONS click on the downward-pointing arrow collection on June 21, 2011. This COMMISSION in the ‘‘Select Agency’’ box below the collection is now being submitted to ‘‘Currently Under Review’’ heading, (4) OMB to secure the regular, three-year Notice of Public Information select ‘‘Federal Communications approval. Collection(s) Being Submitted for Commission’’ from the list of agencies The rule sections are needed to Emergency Review and Approval to implement the statutory mandate that presented in the ‘‘Select Agency’’ box, the Office of Management and Budget (5) click the ‘‘Submit’’ button to the communications companies (attachers) (OMB), Comments Requested should be able to place facilities on right of the ‘‘Select Agency’’ box, and (6) utility poles. The rules set a series of September 12, 2011. when the list of FCC ICRs currently deadlines or ‘‘timelines’’ to govern the SUMMARY: The Federal Communications under review appears, look for the title process by which permission is sought Commission, as part of its continuing of this ICR (or its OMB Control Number, by attachers and granted by utility pole effort to reduce paperwork burden if there is one) and then click on the ICR owners. In practice, attachers must invites the general public and other Reference Number to view detailed submit detailed applications that cause Federal agencies to take this information about this ICR. the utility to survey and perform an opportunity to comment on the FOR FURTHER INFORMATION CONTACT: engineering analysis on the poles where following information collection(s), as Benish Shah, Office of Managing access is requested. required by the Paperwork Reduction Director, (202) 418–7866. For additional The post-survey pole preparation Act (PRA) of 1995, 44 U.S.C. 3501–3520. information or copies of the information work (make-ready) triggers further Comments are requested concerning: (a) collection(s), contact judith-

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57988 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

[email protected], OMD, 202–418– stations; a description of their station also seeks comment on this revision of 0214. identification and level of designation the pre-approved collection. SUPPLEMENTARY INFORMATION: The (PEP, LP–1, etc); who they were Federal Communications Commission. Commission is seeking emergency OMB monitoring at the time of the test, and Avis Mitchell, the make and model of the EAS review by October 17, 2011 for this Federal Register Liaison, Office of the revised information collection and has equipment that they utilized. Secretary, Office of Managing Director. In the Third Report and Order in EB requested OMB approval 20 days after [FR Doc. 2011–23847 Filed 9–16–11; 8:45 am] Docket No. 04–296, FCC 09–10, the the collection is received at OMB. (Note: Commission adopted the foregoing rule BILLING CODE 6712–01–P The Commission published a regular 60- requirements. In addition, the day notice in the Federal Register on Commission decided that test data will August 23, 2011 (76 FR 52662)). It was FEDERAL COMMUNICATIONS be presumed confidential and COMMISSION later determined that the Commission disclosure of the test data will be needed to seek emergency processing of limited to FEMA, NWS and EOP at the this information collection in order to Information Collection Being Reviewed federal level. At the state level, test data by the Federal Communications implement the newly created electronic will be made available only to state database in mid-October. Commission Under Delegated government emergency management Authority OMB Control Number: 3060–0207. agencies that have confidential Title: Emergency Alert System (EAS). treatment protections at least equal to AGENCY: Federal Communications Form Number: N/A. Freedom of Information Act (FOIA). The Commission. Type of Review: Revision of a process by which these agencies would ACTION: Notice and request for currently approved collection. receive test data will comport with comments. Respondents: Business or other for- those used to provide access to the profit entities; state, local or tribal Commission’s NORS and DIRS data. We SUMMARY: The Federal Communications government; and not-for-profit seek a shortened comment period on Commission (FCC), as part of its institutions. this revision of the pre-approved continuing effort to reduce paperwork Number of Respondents and collection. burdens, invites the general public and Responses: 3,569,028 respondents; In the Third Report and Order, the other Federal agencies to take this 3,569,028 responses. Commission also indicated that it would opportunity to comment on the Estimated Time per Response: .034– establish a voluntary electronic following information collection, as 20 hours. reporting system that EAS test required by the Paperwork Reduction Frequency of Response: Reporting participants may use as part of their Act (PRA) of 1995. Comments are requirement, recordkeeping requirement participation in the national EAS test. requested concerning (a) whether the and third party disclosure requirement. The Commission noted that using this proposed collection of information is Obligation to Respond: Voluntary. system, EAS test participants could necessary for the proper performance of Statutory authority for this information input the same information that they the functions of the Commission, collection is contained in 47 U.S.C. were already required to file manually including whether the information shall sections 154(i) and 606. via a Web-based interface into a have practical utility; (b) the accuracy of Total Annual Burden: 82,008 hours. confidential database that the the Commission’s burden estimate; (c) Total Annual Cost: N/A. Commission would monitor and assess ways to enhance the quality, utility, and Privacy Act Impact Assessment: N/A. the test. This information would include clarity of the information collected; (d) Nature and Extent of Confidentiality: identifying information such as station ways to minimize the burden of the The Commission will treat submissions call letters, license identification collection of information on the pursuant to 47 CFR 11.61(a)(3) as number, geographic coordinates, EAS respondents, including the use of confidential. assignment (LP, NP, etc.), EAS automated collection techniques or Needs and Uses: On March 10, 2010, monitoring assignment, as well as a other forms of information technology; OMB approved the collection of 24/7 emergency contact for EAS and (e) ways to further reduce the information set forth in the Second participant. The only difference, other information collection burden on small FNPRM in EB Docket No. 04–296, FCC than the electronic nature of the filing, business concerns with fewer than 25 09–10. Specifically, OMB authorized the would be the timing of the collection. employees. Commission to require entities require On the day of the test, EAS test The FCC may not conduct or sponsor to participate in EAS (EAS participants) participants would be able to input a collection of information unless it to gather and submit the following immediate test results, (e.g., was the displays a currently valid control information on the operation of their EAN received and did it pass) into a number. No person shall be subject to EAS equipment during a national test of Web-based interface. Test participants any penalty for failing to comply with the EAS: (1) Whether they received the would submit the identifying data prior a collection of information subject to the alert message during the designated test; to the test date, and the remaining data PRA that does not display a valid Office (2) whether they retransmitted the alert; called for by our reporting rules (e.g., of Management and Budget (OMB) and (3) if they were not able to receive the detailed test results) within the 45 control number. and/or transmit the alert, their ‘‘best day period. The Commission believes DATES: Written PRA comments should effort’’ diagnostic analysis regarding the that structuring an electronic reporting be submitted on or before November 18, cause or causes for such failure. OMB system in this fashion would allow the 2011. If you anticipate that you will be also authorized the Commission to participants to populate the database submitting comments, but find it require EAS participants to provide it with known information well prior to difficult to do so within the period of with the date/time of receipt of the the test, and thus be able to provide the time allowed by this notice, you should Emergency Action Notification (EAN) Commission with actual test data, both advise the contact listed below as soon message by all stations; and the date/ close to real-time and within a as possible. time of receipt of the Emergency Action reasonable period in a minimally ADDRESSES: Direct all PRA comments to Termination (EAT) message by all burdensome fashion. The Commission the Federal Communications

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57989

Commission via e-mail to [email protected] required in the Twenty-First Century and Governmental Affairs Bureau at and [email protected]. Communications and Video (202) 418–0530 (voice), (202) 418–0432 FOR FURTHER INFORMATION CONTACT: For Accessibility Act of 2010 (CVAA). (TTY). additional information about the DATES: The Committee’s next meeting Federal Communications Commission. information collection, contact Cathy will take place on Tuesday, November Karen Peltz Strauss, Williams at (202) 418–2918. 1, 2011, 9 a.m. to 5 p.m. (EST), at the Deputy Chief, Consumer and Governmental SUPPLEMENTARY INFORMATION: headquarters of the Federal Affairs Bureau. Communications Commission (FCC). OMB Control Number: 3060–0017. [FR Doc. 2011–24015 Filed 9–16–11; 8:45 am] ADDRESSES: Federal Communications Title: Application for a Low Power BILLING CODE 6712–01–P TV, TV Translator, or TV Booster Commission, 445 12th Street, SW., Station License. Commission Meeting Room, Form Number: FCC Form 347. Washington, DC 20554. FEDERAL COMMUNICATIONS Type of Review: Extension of a FOR FURTHER INFORMATION CONTACT: Pam COMMISSION currently approved collection. Gregory, Consumer and Governmental Respondents: Business or other for- Affairs Bureau, 202–418–2498 (voice), Privacy Act System of Records profit entities; State, local or Tribal 202–418–1169 (TTY), or Government. [email protected] (e-mail); or Alison AGENCY: Federal Communications Number of Respondents: 300. Neplokh, Media Bureau, 202–418–1083, Commission. Estimated Time per Response: 1.5 [email protected] (e-mail). ACTION: Notice. hours. SUPPLEMENTARY INFORMATION: On Frequency of Response: On occasion December 7, 2010, in document DA– SUMMARY: Pursuant to subsection (e)(4) reporting requirement. 2320, Chairman Julius Genachowski of the Privacy Act of 1974, as amended Total Annual Burden: 450 hours. announced the establishment and (‘‘Privacy Act’’), 5 U.S.C. 552a, the Total Annual Cost: $36,000. appointment of members of the VPAAC, Federal Communications Commission Privacy Impact Assessment(s): No following a nominations period that (FCC or Commission) proposes to add impact(s). closed on November 1, 2010. All one new, consolidated system of Needs and Uses: The FCC Form 347 meetings of the VPAAC shall be open to records, FCC/PSHSB–1, ‘‘FCC is used by licensees/permittees of low the public. The purpose of the VPAAC Emergency and Continuity Contacts power television, TV translator or TV is to develop recommendations on System (ECCS).’’ FCC/PSHSB–1, ‘‘FCC booster stations to apply for a station closed captioning of Internet Emergency and Continuity Contacts license. FCC staff uses the data to programming previously captioned on System (ECCS)’’ will incorporate the confirm that the station has been built television; the compatibility between information, e.g., personally identifiable in the outstanding construction permit. video programming delivered using information (PII), presently covered by Data from Form 347 is also included in Internet protocol and devices capable of two FCC systems of records, FCC/EB–4, any subsequent license to operate the receiving and displaying such ‘‘Crisis Management Contacts,’’ and station. programming in order to facilitate FCC/OMD–11, ‘‘Continuity of Federal Communications Commission. access to captioning, video description Operations Plan (COOP),’’ and also add new and/or updated information that Marlene H. Dortch, and emergency information; video description and accessible emergency pertains to the mission and activities of Secretary, Office of the Secretary, Office of the FCC’s Public Safety and Homeland Managing Director. information on television programming delivered using Internet protocol or Security Bureau (PSHSB). Upon [FR Doc. 2011–23845 Filed 9–16–11; 8:45 am] approval of FCC/PSHSB–1, ‘‘FCC BILLING CODE 6712–01–P digital broadcast television; accessible user interfaces on video programming Emergency and Continuity Contacts devices; and accessible programming System (ECCS),’’ the Commission will cancel FCC/EB–4 and FCC/OMD–11. FEDERAL COMMUNICATIONS guides and menus. Within six (6) The purposes for adding this new COMMISSION months of its first meeting, the VPAAC submitted recommendations concerning system of records, FCC/PSHSB–1, ‘‘FCC [DA 11–1527] the provision of closed captions for Emergency and Continuity Contacts System (ECCS),’’ are for PSHSB to use Video Programming and Accessibility Internet-delivered video programming and the ability of video devices to pass the records in this system of records to Advisory Committee; Announcement allow the FCC to use: of Date of Next Meeting through closed captions contained on Internet-based video programming. By The information in the Emergency AGENCY: Federal Communications April 8, 2012, the VPAAC shall submit Contacts database to coordinate crisis Commission. recommendations on the remaining response activities, etc.; The information in the Continuity of ACTION: Notice. issues listed above. At the November 1, 2011 VPAAC meeting, members will Operations Plan (COOP) Contacts SUMMARY: This document announces the continue to develop recommendations database to contact FCC employees and next meeting of the Video Programming to the Commission regarding video contractors regarding COOP matters, Accessibility Advisory Committee description, and the delivery of video etc.; and (‘‘Committee’’ or ‘‘VPAAC’’). The description, access to emergency An automated telephone and e-mail November meeting will continue to programming, and the interoperability system to contact its Emergency develop recommendations to the and user interface of the equipment Contacts and COOP Contacts, etc. Commission regarding video used to deliver video programming. The new system of records will description, and the delivery of video To request materials in accessible consolidate the systems of records in description, access to emergency formats for people with disabilities these two separate internal databases programming, and the interoperability (Braille, large print, electronic files, that the Bureau currently uses so that all and user interface of the equipment audio format), send an e-mail to the PII are now housed in a single used to deliver video programming, as [email protected] or call the Consumer PSHSB database for the PSHSB’s

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57990 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

emergency operations and related Continuity Contacts System (ECCS),’’ 1. Emergency Contacts: Individual activities. are for the FCC’s Public Safety and and/or business name(s), position title, DATES: In accordance with subsections Homeland Security Bureau (PSHSB) to business telephone number(s), business (e)(4) and (e)(11) of the Privacy Act, any use the records in FCC/PSHSB–1 to cell phone number(s), business satellite interested person may submit written allow the FCC to use: phone number(s), business pager comments concerning the alteration of 1. The information in the Emergency number(s), business facsimile this system of records on or before Contacts database to coordinate crisis number(s), business address(es), October 19, 2011. The Office of response activities, etc.; business e-mail address(es), home Information and Regulatory Affairs 2. The information in the COOP telephone number(s), personal cell (OIRA), Office of Management and Contacts database to contact FCC phone number(s), personal pager Budget (OMB), which has oversight employees and contractors regarding number (s), personal facsimile responsibility under the Privacy Act to COOP matters, etc.; and number(s), and personal e-mail 3. An automated telephone and e-mail review the system of records, and address(es), etc.; and system to contact its Emergency 2. COOP Contacts: FCC members, FCC Congress may submit comments on or Contacts and COOP Contacts, etc. employee’s and contractor’s name(s), before October 31, 2011. The proposed The new system of records will position title, security clearance new system of records will become consolidate the two separate internal information, line of succession effective on October 31, 2011 unless the systems of records that PSHSB currently information, work and personal FCC receives comments that require a uses so that all the PII data are now telephone number(s), work and personal contrary determination. The housed in a single PSHSB database for facsimile number(s), work and personal Commission will publish a document in the PSHSB’s emergency operations and cell phone number(s), satellite the Federal Register notifying the related activities. telephone number(s), FCC Government public if any changes are necessary. As This notice meets the requirement Emergency Telecommunications System required by 5 U.S.C. 552a(r) of the documenting the change to the systems (GETS) and Wireless Priority System Privacy Act, the FCC is submitting of records that the FCC maintains, and (WPS) information, satellite telephone reports on this proposed new system to provides the public, OMB, and Congress number(s), Government passport OMB and Congress. with an opportunity to comment. numbers, work and personal pager ADDRESSES: Address comments to Leslie number(s), and work and personal e- F. Smith, Privacy Analyst, Performance FCC/PSHSB–1 mail address(es), etc. Evaluation and Records Management SYSTEM NAME: (PERM), Room 1–C216, Federal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Communications Commission (FCC), FCC Emergency and Continuity Executive Order 12472, Assignment of 445 12th Street, SW., Washington, DC Contacts System (ECCS). National Security and Emergency 20554, (202) 418–0217, or via the SECURITY CLASSIFICATION: Preparedness Telecommunications Internet at [email protected]. The Security Operations Center (SOC) Functions, April 3, 1984, as amended FOR FURTHER INFORMATION: Contact has not assigned a security classification February 28, 2003 and June 26, 2006; Leslie F. Smith, Performance Evaluation to the FCC EPS; however, information in Presidential Decision Directive 67, and Records Management (PERM), this system may be designated as ‘‘Non Enduring Constitutional Government Room 1–C216, Federal Communications Public,’’ or ‘‘For Internal Use Only,’’ Or and Continuity of Government Commission, 445 12th Street, SW., ‘‘For Official Use Only.’’ Operations, October 21, 1998; Washington, DC 20554, (202) 418–0217 Homeland Security Act of 2002 (6 or via the Internet at SYSTEM LOCATION: U.S.C. § 101 et seq.), November 25, [email protected]. Public Safety and Homeland Security 2002; National Security Presidential Directive 51/Homeland Security SUPPLEMENTARY INFORMATION: Bureau (PSHSB), Federal As Presidential Directive 20, National required by the Privacy Act of 1974, as Communications Commission, 445 12th Street, SW., Washington, DC 20554. Continuity Policy, May 9, 2007; National amended, 5 U.S.C. 552a(e)(4) and Communications System Directive 3–10, (e)(11), this document sets forth notice CATEGORIES OF INDIVIDUALS COVERED BY THE Minimum Requirements for Continuity of this proposed new system of records SYSTEM: Communications Capabilities, July 25, maintained by the FCC. The FCC The categories of individuals in the 2007; National Continuity Policy previously gave complete notice of the FCC EPS include: Implementation Plan, Homeland two systems of records, FCC/EB–4, 1. Emergency Contacts: FCC Security Council, August 2007; Federal ‘‘Crisis Management Contacts’’ and employees, Federal Government Continuity Directive 1, Federal FCC/OMD–11, ‘‘Continuity of contacts, State, Tribal, Territorial, Local Executive Branch National Continuity Operations Plan (COOP),’’ which it Government and private sector contacts Program and Requirements, February intends to cancel upon approval of FCC/ along with institutions, organizations, 2008; Federal Continuity Directive 2, PSHSB–1, ‘‘FCC Emergency and and individuals with crisis management Federal Executive Branch Mission Continuity Contacts System (ECCS),’’ as and emergency preparedness functions, Essential Function and Primary Mission referenced under this Notice by etc. Essential Function Identification and publication in the Federal Register on 2. Continuity of Operations (COOP) Submission Process, February 2008. April 5, 2006 (71 FR 17234, 17239 and Contacts: Bureau and Office Emergency 17254 respectively). This notice is a Response Group (ERG) and Devolution PURPOSE(S): summary of the more detailed Emergency Response Group (DERG) The FCC uses the records in the FCC information about the proposed new members (employees and contractors) ECCS: system of records, which may be viewed and FCC and Bureau and Office lines of 1. Emergency Contacts: To allow the at the location given above in the succession. FCC to coordinate crisis response ADDRESSES section. The purposes for activities, etc.; adding this new system of records, FCC/ CATEGORIES OF RECORDS IN THE SYSTEM: 2. COOP Contacts: To allow the FCC PSHSB–1, ‘‘FCC Emergency and The records in the FCC EPS include: to contact FCC employees and

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57991

contractors regarding COOP matters, 2906; when the U.S. Department of local emergency response officials, e.g., etc.; and Justice (DOJ) is contacted in order to fire, safety, and rescue personnel, etc., 3. To allow the FCC to use an obtain that department’s advice and medical personnel, e.g., doctors, automated telephone and e-mail system regarding disclosure obligations under nurses, and paramedics, etc., in case of to contact its Emergency Contacts and the Freedom of Information Act; or an emergency situation at FCC facilities, COOP Contacts, etc. when the Office of Management and without the subsequent notification to Budget (OMB) is contacted in order to the individual identified in 5 U.S.C. ROUTINE USES OF RECORDS MAINTAINED IN THE obtain that office’s advice regarding 552a(b)(8); and SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: obligations under the Privacy Act; 10. Contracted Third Parties—A 6. Employment, Clearances, record of this system may be disclosed Information about individuals in this Licensing, Contract, Grant or other to external contracted parties system of records may routinely be Benefits Decisions by the agency—A throughout the United States for disclosed under the following disclosure may be made to Federal, required maintenance, data input, and/ conditions: State, local or foreign agency or extraction requirements, testing, and 1. Emergency Response—A record of maintaining civil, criminal, or other an individual in this system of records activation of an automated telephone relevant enforcement records, or other and e-mail system. may be disclosed to emergency medical pertinent records, or to another public personnel, i.e., doctors, nurses, and/or In each of these cases, the FCC will authority or professional organization, if determine whether disclosure of the paramedics, to law enforcement officials necessary to obtain information relevant or other first responders and emergency records is compatible with the purpose to an investigation concerning the for which the records were collected. officials in case of a medical or other retention of an employee or other emergency involving the FCC employee personnel action (other than hiring), the DISCLOSURE TO CONSUMER REPORTING or contractor without the subsequent retention of a security clearance, the AGENCIES: notification to the individual identified letting of a contract, or the issuance or None. in 5 U.S.C. 552a(b)(8); retention of a grant, or other benefit; 2. Adjudication and Litigation— 7. Labor Relations—A record from POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Where by careful review, the agency this system may be disclosed to officials DISPOSING OF RECORDS IN THE SYSTEM: determines that the records are both of labor organizations recognized under relevant and necessary to litigation and 5 U.S.C. chapter 71 upon receipt of a STORAGE: the use of such records is deemed by the formal request and in accord with the Information in the FCC ECCS consists agency to be for a purpose that is conditions of 5 U.S.C. 7114 when of electronic data, files, and records, compatible with the purpose for which relevant and necessary to their duties of which are housed in the FCC’s the agency collected the records, these exclusive representation concerning computer network databases, and paper records may be used by a court or personnel policies, practices, and documents, files, and records, which are adjudicative body in a proceeding matters affecting working conditions. stored in file cabinets in the PSHSB when: (a) The agency or any component 8. Breach Notification—A record from office suite. thereof; or (b) any employee of the this system may be disclosed to agency in her or her official capacity; or appropriate agencies, entities, and RETRIEVABILITY: (c) any employee of the agency in his or persons when (1) the Commission Information in the Emergency her individual capacity where the suspects or has confirmed that the Contacts and the COOP Contacts agency has agreed to represent the security or confidentiality of databases is retrieved by searching any employee; or (d) the United States information in the system of records has field in the respective database; Government is a party to litigation or been compromised; (2) the Commission has an interest in such litigation; has determined that as a result of the SAFEGUARDS: 3. Law enforcement and suspected or confirmed compromise 1. Emergency Contacts: The paper Investigation—Where there is an there is a risk of harm to economic or records, documents, and files are stored indication of a violation or potential property interests, identity theft or in filing cabinets in the PSHSB office violation of a statute, regulation, rule, or fraud, or harm to the security or suite, which are locked when not in use. order, records from this system may be integrity of this system or other systems The electronic records, files, and data shared with appropriate Federal, State, or programs (whether maintained by the are maintained in the FCC’s network or local authorities either for purposes Commission or another agency or entity) computer databases and by a third-party of obtaining additional information that rely upon the compromised vendor. relevant to a FCC decision or for information; and (3) the disclosure 2. COOP Contacts: The paper records, referring the record for investigation, made to such agencies, entities, and documents, and files are stored in filing enforcement, or prosecution by another persons is reasonably necessary to assist cabinets in the PSHSB office suite, agency; in connection with the Commission’s which are locked when not in use. The 4. Congressional Inquiries—When efforts to respond to the suspected or electronic records, files, and data are requested by a Congressional office in confirmed compromise and prevent, maintained in the FCC’s network response to a written inquiry by an minimize, or remedy such harm; computer databases. individual made to the Congressional 9. First Responders—A record from The FCC’s computer networks that office for the individual’s own records; this system of records may be disclosed house the Emergency Contacts database 5. Government-wide Program to law enforcement officials, and the COOP Contact database are Management and Oversight—When Department of Homeland Security protected by the FCC’s security requested by the National Archives and (DHS), Federal Emergency Management protocols, which include controlled Records Administration (NARA) and/or Agency (FEMA), Department of Defense access, passwords, and other security the General Services Administration (DOD), National Telecommunications features. Information resident on the (GSA) for the purpose of records and Information Administration (NTIA), Emergency Contacts and COOP Contacts management inspections conducted White House Communications Agency, database servers is backed-up per FCC under authority of 44 U.S.C. 2904 and other Federal agencies, and state and Office of Managing Director protocols.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57992 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

The information in the Emergency CONTESTING RECORD PROCEDURES: I. Dates Contacts database and COOP Contacts Address inquiries to Public Safety and database is only available for review and Homeland Security Bureau (PSHSB), These guidelines supersede the updating by the employees and Federal Communications Commission assessment rate adjustment guidelines contractors (whose information is (FCC), 445 12th Street, SW., published by the FDIC on May 15, 2007 1 maintained in the databases), Bureau/ Washington, DC 20554. (the 2007 Guidelines). Office administrative personnel, and II. Background FCC management on a need-to- know RECORD SOURCE CATEGORIES: basis. Authorized PSHSB supervisors 1. Emergency Contacts: The sources On February 7, 2011, the FDIC Board and staff also have access to the paper for the information in this system amended its assessment regulations by, documents, files, and records that are include FCC employees, Federal among other things, adopting a new stored in the filing cabinets located in Government contacts, State, Tribal, methodology for determining the PSHSB office suite and to the Territorial, Local Government and assessment rates for large and highly electronic records, files, and data that private sector contacts along with complex institutions (the Amended are housed in the FCC’s computer institutions, organizations, and Assessment Regulations).2 The network databases and in those of a individuals with crisis management and Amended Assessment Regulations third-party vendor. The supervisors, emergency preparedness functions, etc.; eliminated risk categories and combined staff, and contractors in the FCC’s and CAMELS ratings and forward-looking Information Technology Center’s (ITC), 2. COOP Contacts: The sources for financial measures into one of two who manage the FCC’s computer information in this system include FCC scorecards, one for highly-complex network databases have access to the employees and contractors. institutions and another for all other electronic information. Other employees EXEMPTIONS CLAIMED FOR THE SYSTEM: large institutions.3 Each of the two and contractors are only granted access None. scorecards produces two scores—a to the information in the filing cabinets performance score and a loss severity and electronic databases on a ‘‘need-to- Federal Communications Commission. score—that are combined into a total know’’ basis. Marlene H. Dortch, score.4 Secretary, Office of the Secretary, Office of RETENTION AND DISPOSAL: Managing Director. Tables 1 and 2 show the scorecards for large and highly complex 1. Emergency Contacts: The paper [FR Doc. 2011–23929 Filed 9–16–11; 8:45 am] institutions, respectively. files and electronic data in this system BILLING CODE 6712–01–P are retained and disposed of in accordance with the National Archives 1 Assessment Rate Adjustment Guidelines for Large Institutions and Insured Foreign Branches in and Records Administration (NARA) FEDERAL DEPOSIT INSURANCE Risk Category I, 72 FR 27122 (May 14, 2007). General Records Schedule 1, which may CORPORATION 2 Assessments, Large Bank Pricing, 76 FR 10672 be viewed at http://www.archives.gov/ (Feb. 25, 2011) (codified at 12 CFR 327.9–10). records-mgmt/ardor/grs01.html. Assessment Rate Adjustment 3 A large institution is defined as an insured Guidelines for Large and Highly depository institution: (1) That had assets of $10 2. COOP Contacts: The retention billion or more as of December 31, 2006 (unless, by schedule for this system’s electronic Complex Institutions reporting assets of less than $10 billion for four records has not yet been determined. No consecutive quarters since then, it has become a AGENCY: Federal Deposit Insurance records will be destroyed until a small institution); or (2) that had assets of less than Corporation (FDIC). disposal schedule has been approved by $10 billion as of December 31, 2006, but has since ACTION: Final guidelines. had $10 billion or more in total assets for at least the National Archives and Records four consecutive quarters, whether or not the Administration (NARA). SUMMARY: The FDIC is adopting institution is new. A ‘‘highly complex institution’’ is defined as: (1) An insured depository institution SYSTEM MANAGER(S) AND ADDRESS: guidelines that it will use to determine (excluding a credit card bank) that has had $50 how adjustments may be made to an billion or more in total assets for at least four Address inquiries to Public Safety and institution’s total score when consecutive quarters and that either is controlled by Homeland Security Bureau (PSHSB), calculating the deposit insurance a U.S. parent holding company that has had $500 billion or more in total assets for four consecutive Federal Communications Commission assessment rates of large and highly (FCC), 445 12th Street, SW., quarters, or is controlled by one or more complex insured institutions. Total intermediate U.S. parent holding companies that Washington, DC 20554. scores are determined according to the are controlled by a U.S. holding company that has Final Rule on Assessments and Large had $500 billion or more in assets for four NOTIFICATION PROCEDURE: consecutive quarters, and (2) a processing bank or Bank Pricing that was approved by the Address inquiries to Public Safety and trust company. A processing bank or trust company FDIC Board on February 7, 2011 (76 FR is an insured depository institution whose last three Homeland Security Bureau (PSHSB), 10672 (Feb. 25, 2011)). years’ non-lending interest income, fiduciary Federal Communications Commission revenues, and investment banking fees, combined, FOR FURTHER INFORMATION CONTACT: (FCC), 445 12th Street, SW., exceed 50 percent of total revenues (and its last Washington, DC 20554. Patrick Mitchell, Acting Chief, Large three years fiduciary revenues are non-zero), whose Bank Pricing Section, Division of total fiduciary assets total $500 billion or more and whose total assets for at least four consecutive RECORD ACCESS PROCEDURES: Insurance and Research, (202) 898– quarters have been $10 billion or more. Address inquiries to Public Safety and 3943; and Christopher Bellotto, Counsel, 4 In the context of large institution insurance Homeland Security Bureau (PSHSB), Legal Division, (202) 898–3801, 550 pricing, the performance score measures a large Federal Communications Commission 17th Street, NW., Washington, DC institution’s financial performance and its ability to 20429. withstand stress. The loss severity score refers to (FCC), 445 12th Street, SW., the relative loss that an institution poses to the Washington, DC 20554. SUPPLEMENTARY INFORMATION: Deposit Insurance Fund in the event of a failure.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57993

TABLE 1—SCORECARD FOR LARGE INSTITUTIONS

Measure weights Component weights Scorecard measures and components (percent) (percent)

P Performance Score

P.1 Weighted Average CAMELS Rating ...... 100 30 P.2 Ability to Withstand Asset-Related Stress ...... 50 Tier 1 Leverage Ratio ...... 10 ...... Concentration Measure ...... 35 ...... Core Earnings/Average Quarter-End Total Assets* ...... 20 ...... Credit Quality Measure ...... 35 ......

P.3 Ability to Withstand Funding-Related Stress ...... 20 Core Deposits/Total Liabilities ...... 60 ...... Balance Sheet Liquidity Ratio ...... 40 ......

L Loss Severity Score

L.1 Loss Severity Measure ...... 100 * Average of five quarter-end total assets (most recent and four prior quarters).

TABLE 2—SCORECARD FOR HIGHLY COMPLEX INSTITUTIONS

Measure weights Component weights Measures and components (percent) (percent)

P Performance Score

P.1 Weighted Average CAMELS Rating ...... 100 30

P.2 Ability to Withstand Asset-Related Stress ...... 50 Tier 1 Leverage Ratio ...... 10 Concentration Measure ...... 35 ...... Core Earnings/Average Quarter-End Total Assets ...... 20 ...... Credit Quality Measure and Market Risk Measure ...... 35 ......

P.3 Ability to Withstand Funding-Related Stress ...... 20 Core Deposits/Total Liabilities ...... 50 ...... Balance Sheet Liquidity Ratio ...... 30 ...... Average Short-Term Funding/Average Total Assets ...... 20 ......

L Loss Severity Score

L.1 Loss Severity ...... 100 * Average of five quarter-end total assets (most recent and four prior quarters).

In most cases, the total score the institution’s assessment base to Following adoption of the Amended produced by an institution’s scorecard calculate the amount of its assessment Assessment Regulations in February should correctly reflect the institution’s obligation. Adjustments are made to 2011, the FDIC proposed new guidelines overall risk relative to other large ensure that the total score produced by that reflect the methodology it now uses institutions; however, the FDIC believes an institution’s scorecard appropriately to determine assessment rates for large it is important that it have the ability to reflects the institution’s overall risk and highly complex institutions. The consider idiosyncratic or other relevant relative to other large institutions. FDIC sought comment on all aspects of risk factors not reflected in the The FDIC promulgated regulations the proposed guidelines.7 The FDIC scorecards. The Amended Assessment allowing for the adjustment of large received eight comments related to the Regulations, therefore, allow the FDIC to institutions’ quarterly assessment rates guidelines, which are described below make a limited adjustment to an 6 in 2006. The FDIC set forth the in the relevant portion of the guidelines. institution’s total score up or down by procedures for these adjustments in no more than 15 points (the large bank guidelines that were published in 2007 adjustment). The resulting score is then (2007 Guidelines). The 2007 Guidelines converted to an initial base assessment were designed to ensure that the rate, which, after application of other adjustment process was fair and 7 76 FR 21256 (April 15, 2011). The Amended possible adjustments, results in the transparent and that any decision to Assessment Regulations provided that the FDIC institution’s total assessment rate.5 The would not make any new large bank adjustments make an adjustment was well until revised guidelines were published for total assessment rate is multiplied by supported. The FDIC has exercised its comment and approved by the FDIC’s Board of adjustment authority when warranted Directors. Although the FDIC chose in this instance 5 Adjustments to the initial base assessment rate since that time. to publish the proposed guidelines and solicit may include an unsecured debt adjustment, comment, notice and comment are not required and depository institution debt adjustment, and a need not be employed to make future changes to the brokered deposit adjustment. 6 71 FR 69282 (Nov. 30, 2006). guidelines.

VerDate Mar<15>2010 17:36 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57994 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

In addition to comments on the lower than the established cutoffs for an upward adjustment, or to remove a Guidelines, the FDIC also received a the measure and whether other previously implemented downward number of comments related to the mitigating or supporting information adjustment. The notice will include the scorecard methodology and measures exists. reasons for the proposed adjustment or • used in the scorecard. The FDIC, The FDIC will use complementary removal, the size of the proposed however, previously provided two quantitative risk measures to determine adjustment or removal, specify when opportunities to comment on the whether a scorecard measure is an the adjustment or removal will take scorecard methodology and all measures appropriate measure for a particular effect, and provide institutions with up through the publication of two notices institution. to 60 days to respond. • When qualitative risk of proposed rulemaking on the large • bank pricing system.8 The FDIC considerations materially affect the The FDIC will re-evaluate the need received a large number of comments on FDIC’s view of an institution’s for an adjustment to an institution’s these issues in response to the two probability of failure or loss given total score on a quarterly basis. notices of proposed rulemaking and failure, these considerations may be the • An institution may make a written carefully considered them before primary factor supporting the request to the FDIC for an adjustment to finalizing the Amended Assessment adjustment. Qualitative risk its total score no later than 35 days Regulations in February 2011. Since the considerations include, but are not following the end of the quarter for Amended Assessment Regulations are limited to, underwriting practices which the institution is requesting the final, and the FDIC has not proposed related to material concentrations, risk adjustment. Such a request must be management practices, strategic risk, changing them, suggestions or supported with evidence of a material stress test results, interest rate risk comments related to the scorecard risk or risk-mitigating factor that is not exposure, and factors affecting loss methodology or the measures used adequately captured or considered in within the scorecard have not been severity. • Specific risk measures may vary in the scorecard. For example, for the considered in finalizing these quarter ending March 31, 2012, the adjustment guidelines. Rather, the FDIC importance for different institutions. In request should be received by the FDIC has focused on comments related to the some cases, a single risk factor or no later than May 5, 2012. Institutions guidelines and how the guidelines will indicator may support an adjustment if may request an adjustment at any time; apply when making a large bank the factor suggests a significantly higher adjustment. or lower likelihood of failure, or loss however, those well-supported requests given failure, than the total score received after the deadline may not be III. Overview of the Large Bank reflects. considered until the following quarter Adjustment Guidelines • To the extent possible when and the FDIC may require the institution The following general guidelines will comparing risk measures, the FDIC will to update the supporting evidence at govern the large bank adjustment consider the performance of similar that time. Further details regarding an process. institutions, taking into account that institution-initiated request for variations in risk measures exist among Analytical Guidelines adjustment are provided below. institutions with substantially different • • The FDIC will focus on identifying business models. An institution may request review institutions for which a combination of • Adjustments to an institution’s total of or appeal an upward adjustment, the risk measures and other information score will be made only if the magnitude of an upward adjustment, suggests either materially higher or comprehensive analysis of an removal of a previously implemented lower risk than the total scores indicate. institution’s risk generally based on the downward adjustment or an increase in The FDIC will consider all available two types of information listed above, a previously implemented upward material information relating to an and the institution’s relative risk adjustment pursuant to 12 CFR 327.4(c). institution’s likelihood of failure or loss ranking warrant a material adjustment An institution may similarly request severity in the event of failure. of the institution’s score. For purposes review of or appeal a decision not to • The FDIC will primarily consider of these guidelines, a material apply an adjustment following a request two types of information in determining adjustment is an adjustment of five by the institution for an adjustment. whether to make a large bank points or more to an institution’s total adjustment: (a) A scorecard ratio or score. IV. The Large Bank Adjustment Process measure that exceeds the maximum Procedural Guidelines A. Identifying the Need for an cutoff value for a ratio or measure or is Adjustment less than the minimum cutoff value for The processes for communicating to a ratio or measure, along with the degree affected institutions and implementing a The FDIC will analyze the results of to which the ratio or measure differs large bank adjustment remain largely the large bank methodology under the from the cutoff value (scorecard unchanged from the 2007 Guidelines, Amended Assessment Regulations and measure outliers); and (b) information except that the revised guidelines determine the relative risk ranking of not directly captured in the scorecard, provide for an adjustment made as a institutions prior to implementing any including complementary quantitative result of a request by the institution (an large bank adjustments. When an risk measures and qualitative risk institution-initiated adjustment). institution’s total score is consistent • The FDIC will consult with an considerations. with the total score of other institutions • If an institution has one or more institution’s primary federal regulator and appropriate state banking with similar risk profiles, the resulting scorecard measure outliers, the FDIC assessment rate of the institutions will conduct further analysis to supervisor before making any decision should be comparable and a large bank determine whether underlying to adjust an institution’s total score (and adjustment should be unnecessary. scorecard ratios are materially higher or before removing a previously implemented adjustment). When an institution’s total score is not • 8 75 FR 23516 (May 3, 2011); 75 FR 72612 (Nov. The FDIC will give institutions consistent with the total scores of other 24, 2010). advance notice of any decision to make

VerDate Mar<15>2010 17:36 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57995

institutions with similar risk profiles, assessment purposes, it is impossible in other loans to individuals exceeds 50 the FDIC will consider an adjustment. practice to include all potential risk percent of assets. The FDIC only intends to pursue mitigants, particularly mitigants of a Large Diversified Institutions: Large material adjustments (an adjustment of qualitative nature, into a quantitative institutions with over $150 billion in at least five points) to an institution’s scoring model. For similar reasons, the assets not described in a peer group total score, which should result in only FDIC is unable to provide precise details above. a limited number of adjustments on a of how mitigants will be specifically Diversified Regional Institutions: quarterly basis. considered in the adjustment process. Large institutions with less than $150 Given the implementation of a new The FDIC will consider each billion in assets not described in a peer assessment system and the collection of institution’s risk profile, including group above. new data items, the FDIC does not consideration of loss mitigants, The FDIC received a comment intend to use its ability to adjust scores offsetting outliers, and historical data, suggesting that the definition of precipitously. The FDIC expects to take when determining the institution’s Residential Mortgage Lenders as a peer some time analyzing all institutions’ pricing and relative risk ranking among group should clarify whether the unadjusted scores, the reporting of new the universe of large institutions. The definition is limited to residential data items, and the resulting risk FDIC believes, however, that historical mortgages and whether home-equity ranking of institutions before making loss or risk data may be insufficient in lines of credit are included. The FDIC any adjustments. While the FDIC is not isolation to warrant an adjustment given agrees. The definition of has been precluded from making a large bank the forward looking nature of the clarified to include residential adjustment immediately following scorecard. mortgages, including home-equity lines adoption of these guidelines, the FDIC One commenter recommended that of credit and residential mortgage- expects that few, if any, adjustments the FDIC use the large bank adjustment backed securities. will be made at that time. process to eliminate the effect of FAS B. Institution-Initiated Request for a The FDIC will evaluate scorecard 166/167 in the growth-adjusted portfolio Large Bank Adjustment results each quarter to identify concentration measure. As noted in the institutions with a score that is Amended Assessments Regulation, the An institution may request a large materially too high or too low when FDIC will consider exclusion of the bank adjustment by submitting a written considered in light of risks or risk- effect of FAS 166/167 through the request to the FDIC no later than 35 mitigating factors that are inadequately adjustment process where the FDIC days following the end of the quarter for captured by the institution’s scorecard. receives sufficient information to make which the institution is requesting the Examples of the types of risks and risk- an adjustment and the possible adjustment. Such a request must be mitigating factors include adjustment would have a material effect supported with evidence of a material considerations for accounting rule on an institution’s total score. risk or risk-mitigating factor that is not changes such as FAS 166/167, credit In addition to considering an adequately captured or considered in underwriting and credit administration institution’s relative risk ranking among the scorecard.9 Similar to FDIC-initiated practices, collateral and other risk all large institutions, the FDIC will adjustments, an institution-initiated mitigants, including the materiality of consider how an institution’s total score request for adjustment will be guarantees and franchise value. compares to the total scores of considered only if it is supported by The FDIC received several comments institutions in a peer group. This evidence of a material risk or risk- regarding risk mitigants considered in comparison will allow the FDIC to mitigating factor that is not adequately the large bank adjustment process. One account for variations in risk measures accounted for in the scorecard and commenter agreed that the FDIC should that exists among institutions with results in a material change to the total retain the ability to adjust an differing business models. For purposes score. Furthermore, the overall risk institution’s total score based upon risks of the comparison, the FDIC will, where profile must be materially higher or that are not adequately or fully captured appropriate, assign an institution to a lower than that produced by the in the scorecard, while another peer group. The peer groups are: scorecard. The FDIC will consider these commenter suggested that loss mitigants Processing Banks and Trust requests as part of its ongoing effort to should be directly factored into the Companies: Large institutions whose identify and adjust scores so that pricing model. Two commenters stated last three years’ non-lending interest institutions with similar risk profiles that more detail should be provided income, fiduciary revenues, and receive similar total scores. regarding consideration of mitigants and investment banking fees, combined, An institution-initiated request for the potential impact such mitigants may exceed 50 percent of total revenues (and adjustment that is received by the FDIC have on the large bank adjustment its last three years’ fiduciary revenues later than 35 days after the end of the process. These same two commenters are non-zero), and whose total fiduciary quarter for which the institution is noted that any adjustment methodology assets total $500 billion or more. requesting the adjustment may not regarding higher risk concentrations Residential Mortgage Lenders: Large provide the FDIC with sufficient time to should include consideration of an institutions not described in the peer appropriately assess and respond to the institution’s historical risk and loss group above whose residential mortgage request for adjustment; therefore, the data. One commenter stated that the loans, which include home equity lines FDIC may not be able to consider FDIC should consider offsetting outliers of credit plus residential mortgage adjusting an institution’s assessment for as a mitigant when considering whether backed securities, exceed 50 percent of that quarter if the request is received an adjustment is warranted for a total assets. after this time. Although institutions different outlier. Non-diversified Regional Institutions: may request an adjustment at any time, Loss mitigants and their effect on Large institutions not described in a those well-supported requests received individual institutions tend to be peer group above if: (1) Credit card plus idiosyncratic. While the FDIC agrees securitized receivables exceed the sum 9 A request for adjustment with supporting evidence should be addressed to Director, Division that it would be ideal for all risk of 50 percent of assets plus securitized of Insurance and Research, Federal Deposit mitigants to be factored into the receivables; or (2) the sum of residential Insurance Corporation, 550 17th Street, NW., scorecard model for deposit insurance mortgage loans, credit card loans, and Washington, DC 20429.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57996 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

after the deadline may not be large bank adjustment. As noted D. Further Analysis and Consultation considered until the following quarter. previously, a well-supported request With Primary Federal Regulator In conjunction with the next quarter’s (the requests must also be material, as As under the 2007 Guidelines, the consideration, the FDIC may require defined above) should be received by FDIC will consult with an institution’s that the institution update the the FDIC within 35 days after the end primary federal regulator and information supporting the institution- of the quarter for which the adjustment appropriate state banking supervisor initiated request. The FDIC’s is being requested. Finally, the FDIC before making any decision to adjust an determination that an adjustment will ensure that appropriate staff is institution’s total score (and before request was received after the deadline involved in the decision-making process removing a previously implemented and there was insufficient time to relevant to large bank adjustments. appropriately respond to it may be adjustment). challenged by the institution in a C. Determining the Adjustment Amount One commenter recommended that request for review pursuant to the any adjustment to an institution’s total Once the FDIC determines that an assessment appeals process (12 CFR score should require concurrence by an adjustment may be warranted, the FDIC 327.4(c)). institution’s primary federal regulator, For example, a request for adjustment will determine the adjustment necessary rather than simply consultation. The of an institution’s third quarter total to bring an institution’s total score into FDIC disagrees. Large bank adjustments score with supporting evidence must be better alignment with those of other are made only after consideration of the received no later than November 4 by institutions that pose similar levels of institution’s relative risk ranking among the FDIC’s Director of the Division of risk. The FDIC will initiate an the entire large bank universe. Such Insurance and Research in Washington, adjustment or consider an institution- consideration requires knowledge and DC. If the request for adjustment is initiated request for adjustment only data of the total scores for every received after November 4, it may not be when a combination of risk measures institution in the large bank universe, considered by the FDIC until the fourth and other information suggest either which is information that other primary quarter and the FDIC may request materially higher or lower risk than an federal regulators do not have. updated information at that time. institution’s total score indicates. The Furthermore, only the FDIC has the Pursuant to 12 CFR 327.4(c), the FDIC expects that the adjustment legal authority to assess institutions for institution may file a request for review process will be needed for only a deposit insurance. Therefore, the FDIC challenging the FDIC’s determination to relatively small number of institutions. will continue to consult with an consider the request in the fourth If the size of the adjustment required to institution’s primary federal regulator quarter or file a request for review of its align an institution’s total score with and consider the primary federal third quarter assessment rate once it institutions of similar risk is not regulator’s comments prior to making a receives its invoice for the third quarter material, no adjustment will be made. large bank adjustment, but, ultimately, assessment. An institution that files a The FDIC will only initiate adjustments the decision concerning any adjustment request for adjustment more than 35 either upward or downward that will be made by the FDIC. This process days after the end of the quarter for warrant an adjustment of 5 points or is consistent with the procedure used in which it is requesting an adjustment is more and adjustments will generally the 2007 Guidelines. not precluded from requesting only be made in 5, 10, or 15 point adjustments for future quarters. increments. E. Advance Notice The FDIC received three positive One commenter stated that the proper To give an institution an opportunity comments regarding the FDIC’s size of an adjustment would be subject to respond, the FDIC will give advance willingness to explicitly permit written to differences of opinion. The FDIC notice to an institution when proposing requests from institutions for a large to make an upward adjustment to the bank adjustment. One commenter agrees that there is subjectivity involved in the large bank adjustment process; institution’s total score.10 Consistent suggested that the FDIC provide the with the 2007 Guidelines, the timing of number of challenges to deposit however, the FDIC expects that differences of opinion on the the notice will correspond insurance assessment adjustments and approximately to the invoice date for an rulings for or against such challenges in appropriate size of the adjustment should be limited. The FDIC will only assessment period. For example, an its quarterly publication of statistics. institution will be notified of a proposed Another commenter recommended that initiate adjustments or consider reviews upward adjustment to its assessment the FDIC provide a prompt response for for adjustment if the comprehensive rates for the period April 1 through June any downward adjustment request. analysis of the institution’s risk and the 30 by approximately June 15, which is Finally, one commenter requested institution’s relative risk ranking the invoice date for the January 1 clarification about whether the national warrant a material adjustment of the through March 31 assessment period.11 or regional office of the FDIC would institution’s total score. To reduce the recommend an adjustment to a large potential subjectivity regarding the Decisions to lower an institution’s institution’s total score, stating that the precision of the size of an adjustment, total score will not be communicated to national office is better suited to the FDIC has determined that any institutions in advance. Rather, as under consider the entire banking industry adjustment will be limited to a the 2007 Guidelines, downward when determining outliers for pricing minimum of 5 points and generally adjustments will be reflected in the purposes. limited to 5, 10, or 15 point increments. invoices for a given assessment period As noted in the Amended Assessment The FDIC believes a minimum 5 point along with the reasons for the Regulations, the FDIC will publish adjustment provides a threshold that adjustment. aggregate statistics on adjustments each clarifies how the FDIC will determine quarter. The FDIC’s Assessment Appeals whether an adjustment is material. In 10 The institution will also be given advance Committee publishes all appeals and the addition, the discrete adjustment levels notice when the FDIC determines to eliminate any should reduce potential disagreements downward adjustment to an institution’s total score. results of such appeals. In addition, the 11 The invoice covering the assessment period FDIC will respond promptly to all well- regarding the appropriate size of any January 1 through March 31 in this example would supported requests for a downward adjustment applied. not reflect the upward adjustment.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57997

F. Institution’s Opportunity To Respond effect for subsequent assessment periods directly captured in the scorecard, An institution that has been notified until the FDIC determines either that the including complementary quantitative of the FDIC’s intent to apply an upward adjustment is no longer warranted or risk measures and qualitative risk adjustment will have 60 days to respond that the magnitude of the adjustment considerations. needs to be reduced or increased to the notice. Before implementing an A. Scorecard Measure Outliers upward adjustment, the FDIC will (subject to the 15 point limitation and review the institution’s response, along the requirement for further advance 12 In order to convert each scorecard with any subsequent changes to notification). ratio into a score that ranges between 0 supervisory ratings, scorecard measures, H. Requests for Review and Appeals and 100, the Amended Assessment or other relevant risk factors. Similar to In making a decision regarding an Regulations use minimum and the 2007 Guidelines, the FDIC will adjustment, the FDIC will consider all maximum cutoff values that generally notify the institution of its decision to material information available to it, correspond to the 10th and 90th proceed or not to proceed with the including any information provided by percentile values for each ratio based on upward adjustment along with the an institution, but ultimately, all data for the 2000 to 2009 period. All invoice for the quarter in which the decisions concerning adjustments will values less than the 10th percentile or adjustment will become effective. all values greater than the 90th Extending the example above, if the be made by the FDIC. An institution percentile are assigned the same score. FDIC notified an institution of a may request review of or appeal an This process enables the FDIC to proposed upward adjustment on June upward adjustment, the magnitude of an compare different ratios in a 15, the institution would have 60 days upward adjustment, removal of a from that date to respond to the previously implemented downward standardized way and assign notification. If, after evaluating the adjustment or an increase in a statistically-based weights; however, the institution’s response and updated previously implemented upward process may mask significant information for the quarterly assessment adjustment pursuant to 12 CFR 327.4(c). differences in risk among institutions period ending June 30, the FDIC An institution may similarly request with the minimum or maximum score. decided to proceed with the adjustment, review of or appeal a decision not to The FDIC believes that an institution the FDIC would communicate this apply an adjustment following an with one or more scorecard ratios well decision to the institution by institution-initiated request for an in excess of the maximum cutoffs or approximately September 15, which is adjustment. well below the minimum cutoffs may the invoice date for the April 1 through V. Additional Information on the pose significantly greater or lower risk June 30 assessment period. In this case, Adjustment Process, Including to the deposit insurance fund than its the adjusted assessment rate would be Examples score suggests. reflected in the September 15 invoice. As discussed previously, the FDIC The example below illustrates the The time frames and example above analytical process the FDIC will follow also apply to a decision by the FDIC to will primarily consider two types of information in determining whether to in determining to propose a downward remove a previously implemented adjustment based on scorecard measure downward adjustment as well as a make a large bank adjustment: scorecard measure outliers and information not outliers. The example is merely decision to increase a previously illustrative. As shown in Chart 1, Bank implemented upward adjustment. 12 As noted in the Amended Assessments A has a total score of 45 and two G. Duration of the Adjustment Regulation, an institution’s assessment rate may scorecard measures with a score of 0 increase without notice if the institution’s (indicating lower risk). Consistent with the 2007 Guidelines, supervisory, agency ratings, or financial ratios the large bank adjustment will remain in deteriorate. BILLING CODE 6714–01–P

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57998 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Since at least one of the scorecard cutoff minus the minimum cutoff). capacity is not fully recognized, measures has a score of 0, the FDIC Table 3 shows that Bank A’s Tier 1 particularly when compared with other would further review whether the ratios Leverage ratio (17 percent) far exceeds institutions receiving the same overall underlying these measures materially the cutoff value associated with a score score. By contrast, Bank A’s Core Return differ from the cutoff value associated of 0 (13 percent), with the difference on Assets (ROA) ratio is much closer to with a score of 0. Materiality will representing 57 percent of the its cutoff values, suggesting that an generally be determined by the amount associated scoring range. Based on this adjustment based on consideration of that the underlying ratio differs from the additional information and assuming no this factor may not be justified. relevant cutoff as a percentage of the other mitigating factors, the FDIC may overall scoring range (the maximum conclude that Bank A’s loss absorbing

TABLE 3—OUTLIER ANALYSIS FOR BANK A

Cutoffs (%) Outlier amount (value minus Scorecard measure Score Value cutoff) as Minimum Maximum (%) percentage of the scoring range

Core ROA ...... 0 0 2 2.08 4 Tier 1 Capital Ratio ...... 0 6 13 17 57

Before initiating an adjustment, emphasis on institutions of the same institution’s unique set of however, the FDIC would consider peer group (e.g., diversified regional circumstances. For Bank A, a 5-point whether Bank A had significant risks institutions), as described above. adjustment may be most appropriate. that were not captured in the scorecard. Typically, however, adjustments The next example illustrates the If no information on such risks existed, supported by only one extreme outlier analytical process the FDIC will follow the FDIC would initiate a downward value will be less than the FDIC’s in determining to propose an upward adjustment to Bank A’s total score to the potential adjustment authority of 15 adjustment based on scorecard measure extent that the FDIC determined that points. In the case of multiple outlier outliers. As in the example above, the such a downward adjustment warranted values, inconsistent outlier values, or example is merely illustrative; an at least a 5 point adjustment. outlier values that are exceptionally The amount of the adjustment will be beyond the scoring range, an overall institution with less extreme values may the amount needed to make the total analysis of each measure’s relative also receive an upward adjustment. As score consistent with those of banks of importance could result in varying shown in Chart 2, Bank B has a total comparable overall risk, with particular adjustment amounts depending on each score of 72 and three scorecard

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.000 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 57999

measures with a score of 100 (indicating higher risk).

Since at least one of the scorecard percent), with the difference with other institutions receiving the measures has a score of 100, the FDIC representing 105 percent of the same overall score. By contrast, the Core would further review whether the ratios associated scoring range. Based on this ROA and Underperforming Assets to underlying these measures materially additional information and assuming no Tier 1 Capital and Reserves values are exceed the cutoff value associated with other mitigating factors, the FDIC may much closer to their respective cutoff a score of 100. Table 4 shows that Bank determine that the risk associated with values, suggesting that an adjustment B’s Criticized and Classified Items to Bank B’s ability to withstand asset- based on these factors may not be Tier 1 Capital and Reserves ratio (198 related stress and, therefore, its overall justified. percent) far exceeds the cutoff value risk, is materially greater than its score associated with a score of 100 (100 suggests, particularly when compared

TABLE 4—OUTLIER ANALYSIS FOR BANK B

Cutoffs (%) Outlier amount (value minus Scorecard measure Score Value cutoff) as Minimum Maximum (%) percentage of the scoring range

Core ROA ...... 100 0 2 ¥0.05 ¥3 Criticized and Classified to Tier 1 Capital & Reserves ...... 100 7 100 198 105 Underperforming Assets to Tier 1 Capital & Reserves ...... 100 2 35 36 3

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.001 58000 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

After considering any risk-mitigating particular institution. For example, as considered during the large bank factors, the FDIC will determine the detailed in the Amended Assessments adjustment process. A few commenters amount of adjustment needed to make Regulation, the scorecard includes a loss stated that the FDIC has not provided the total score consistent with those of severity measure based on the FDIC’s sufficient detail regarding the factors banks of comparable overall risk. For loss severity model. The measure that may trigger a large bank adjustment. Bank B, a 5-point adjustment may be applies a standard set of assumptions to The FDIC agrees that providing an most appropriate. all large banks to estimate potential exhaustive list of factors that may be B. Information Not Directly Captured by losses to the insurance fund. These considered in the large bank adjustment the Scorecard assumptions, including liability runoffs process would be ideal, but has and asset recovery rates, are derived concluded that this is not reasonable or 1. Complementary Risk Measures from actual bank failures; however, the practical. The FDIC will consider all Complementary risk measures are FDIC recognizes that a large bank may factors that may affect an institution’s measures that are not included in the have unique attributes that could have risk profile, including idiosyncratic scorecard, but that can inform the a bearing on the appropriateness of risks and the dynamic nature of the appropriateness of a given scorecard those assumptions. When data or industry. measure for a particular institution. quantitative metrics exist that support The example below illustrates the These measures are readily available for materially different runoff assumptions analytical process the FDIC will follow all institutions and include quantitative or asset recovery rates for a particular when determining whether to propose metrics and market indicators that institution, the FDIC may consider an an upward adjustment based on provide further insight into an adjustment to the total score, complementary risk measures. Again, institution’s ability to withstand particularly if the information is further the example is merely illustrative. Chart financial adversity, and the severity of supported by qualitative loss severity 3 shows that Bank C has a total score of losses in the event of failure. considerations as discussed below. 66. Some of Bank C’s risk measure Analyzing complementary risk Two commenters suggested that the scores are significantly higher than the measures will help the FDIC determine FDIC provide an exhaustive list of total score, while others, including the whether the assumptions applied to a complementary benchmarks or Tier 1 leverage ratio score (42), are scorecard measure are appropriate for a qualitative factors that may be significantly lower.

In this hypothetical, following a complementary measures for Tier 1 correctly reflected in the Tier 1 leverage review of complementary measures for leverage ratio shows that the level and ratio score. Chart 4 shows that two other all financial ratios in the scorecard, the quality of capital protection may not be complementary capital measures for

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.002 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58001

Bank C—the total equity ratio and the suggests. Additional review reveals that absorbing capacity is potentially ratio of other comprehensive income sizeable unrealized losses in the overstated by the Tier 1 leverage ratio. (OCI) to Tier 1 capital—suggest higher securities portfolio account for these risk than the Tier 1 leverage ratio score differences and that Bank C’s loss

An upward adjustment to Bank C’s to apply a large bank adjustment. Another example of qualitative total score may be appropriate, again Qualitative information often provides information that the FDIC will consider assuming that no significant risk significant insights into institution- is available information pertaining to an mitigants are evident. An adjustment of specific or idiosyncratic risk factors that institution’s ability to withstand adverse 5 points would be likely since the are impossible to capture in the events. Sources of this information are underlying level of unrealized losses is scorecard. Similar to scorecard outliers varied but may include analyses extremely high (greater than 25% of Tier and complementary risk measures, the produced by the institution or 1 capital). While the adjustment in this FDIC will use the qualitative supervisory authorities, such as stress case would likely be limited to 5 points information to consider whether test results, capital adequacy because the bank’s concentration potential discrepancies exist between assessments, or information detailing measure and credit quality measure the risk ranking of institutions based on the risk characteristics of the already receive the maximum possible their total score and the relative risk institution’s lending portfolios and score, in other cases modest unrealized ranking suggested by a combination of other businesses. Information pertaining losses could lead to a higher overall risk measures and qualitative risk to internal stress test results and adjustment amount, if the concentration considerations. Such information internal capital adequacy assessment and credit quality measures were includes, but is not limited to, analysis will be used qualitatively to help inform understated as well.13 based on information obtained through the relative importance of other risk the supervisory process, including measures, especially concentrations of 2. Qualitative Risk Considerations information gained through the FDIC’s credit exposures and other material non- The FDIC believes that it is important special examination authority, such as lending business activities. As an to consider all relevant qualitative risk underwriting practices, interest rate risk example, in cases where an institution considerations in determining whether exposure and other information has a significant concentration of credit obtained through public filings.14 risk, results of internal stress tests and 13 The concentration measure and the credit quality measure are expressed as a percent of Tier 14 12 U.S.C. 1820(b)(3); see Interagency Examinations dated July 12, 2010. http:// 1 capital plus the allowance for loan loss reserves. Memorandum of Understanding on Special www.fdic.gov/news/news/press/2010/pr10153.html.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.003 58002 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

internal capital adequacy assessments timely manner in the event of the important regardless of the institution’s could alleviate FDIC concerns about this institution’s failure. performance. risk and therefore provide support for a In general, qualitative factors will The specific example below illustrates become more important in determining downward adjustment, or alternatively, the analytical process the FDIC will whether to apply an adjustment when provide additional mitigating follow to determine whether to make an an institution has high performance risk information to forestall a pending adjustment based on qualitative or if the institution has high asset, upward adjustment. In some cases, information. Chart 5 shows that Bank D stress testing results may suggest greater earnings, or funding concentrations. For example, if a bank is near failure, has a high score of 82 that is largely risk than is normally evident through qualitative loss severity information driven by a high score for the ability to the scorecard methodology alone. becomes more important in the withstand asset-related stress Qualitative risk considerations will adjustment process. component, which is, in turn, largely also include information that could Further, if a bank has material driven by the higher-risk asset have a bearing on potential loss severity, concentrations in some asset classes, the concentration score and the and could include, for example, the ease quality of underwriting becomes more underperforming asset score. The ability with which the FDIC can make quick important in the adjustment process. to withstand asset-related stress deposit insurance determinations and Additionally, engaging in certain component is heavily weighted in the depositor payments, or the availability business lines may warrant further scorecard (50 percent weight), and, as a of sufficient information on qualified consideration of qualitative factors. For result, significant qualitative financial contracts to allow the FDIC to instance, supervisory assessments of information that is not considered in the accurately analyze these contracts in a operational risk and controls at scorecard could lead to an adjustment to processing banks are likely to be the institution’s total score.

The FDIC would review qualitative a. Most of the loan portfolio is institution has strong collection information pertaining to the higher-risk composed of bank-originated residential practices and reports no identified risk asset concentration measure and the real estate loans on owner-occupied management deficiencies. underperforming asset measure for Bank properties; Additionally, these qualitative factors D to determine whether there are one or b. The portfolio has strong collateral surrounding the bank’s real estate more important risk mitigants that are protection (e.g., few or no loans with a portfolio suggest that the loss rate not factored into the scorecard. The high loan-to-value ratio) compared to assumptions applied to Bank D’s example assumes that FDIC’s review the rest of the industry; residential mortgage portfolio may be revealed that, while Bank D has c. Debt service coverage ratios are too severe, resulting in a loss severity concentrations in non-traditional favorable (e.g., few or no loans with a score that is too high relative to its risk. mortgages, its mortgage portfolio has the high debt-to-income ratio) compared to Based on the information above, the following characteristics that suggest the institution’s peers; bank would be a strong candidate for a lower risk: d. The primary federal regulator notes 10 to 15 point reduction in total score, in its examination report that the primarily since the ability to withstand

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN19SE11.004 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58003

asset-related stress score and loss control number. This Notice of be submitted to the FDIC by any of the severity score do not reflect a number of Assessment Rate Adjustment Guidelines following methods: significant qualitative risk mitigants that for Large and Highly Complex • http://www.FDIC.gov/regulations/ suggest lower risk. Institutions includes a provision laws/federal/propose.html. allowing large and highly complex • E-mail: [email protected]: VI. Additional Comments institutions to make a written request to Include the name and number of the The FDIC received two comments the FDIC for an adjustment to an collection in the subject line of the stating that including Troubled Debt institution’s total score. An institution’s message. Restructurings (TDR) in the Criticized request for adjustment is considered • Mail: Gary Kuiper (202–898–3877), and Classified items and/or only if it is supported by evidence of a Counsel, Federal Deposit Insurance underperforming assets ratios and/or the material risk or risk-mitigating factor Corporation, 550 17th Street, NW., higher-risk concentration measure is that is not adequately accounted for in Washington, DC 20429. • inconsistent with the FDIC’s public the scorecard. Hand Delivery: Comments may be remarks encouraging institutions to In conjunction with publication of the hand-delivered to the guard station at enter into loan modifications. In Proposed Assessment Rate Adjustment the rear of the 550 17th Street Building particular, the commenter cited remarks Guidelines for Large and Highly (located on F Street), on business days made in ‘‘Supervisory Insights: Complex Institutions, the FDIC between 7 a.m. and 5 p.m. A copy of the Regulatory Actions Related to submitted to OMB a request for comment may also be submitted to the Foreclosure Activities by Large clearance of the paperwork burden OMB Desk Officer for the FDIC, Office Servicers and Practical Implications for associated with the request for of Information and Regulatory Affairs, Community Banks.’’ One commenter adjustment. That request is still Office of Management and Budget, New suggested that the FDIC include in the pending. The proposal requested Executive Office Building, Room 3208, guidelines a method to adjust comment on the estimated paperwork Washington, DC 20503. All comments institutions’ scores that actively burden. One comment addressing the should refer to the ‘‘Assessment Rate demonstrates support for the FDIC’s estimated paperwork burden was Adjustment Guidelines for Large and guidance on mortgage loan received; the commenter stated that the Highly Complex Institutions—Request modifications. number of hours required to prepare an for Adjustment.’’ (OMB No. 3064–0179). Many loan modifications, such as institution-initiated request for By order of the Board of Directors. those to reduce the interest rate for adjustment was underestimated. The Dated at Washington, DC, this 13th day of competitive reasons, are not TDRs. FDIC agrees that there can be significant September, 2011. However, a loan modification results in variations in the amount of time Federal Deposit Insurance Corporation. a TDR when a creditor for economic or required to provide a written request for Robert E. Feldman, legal reasons related to the borrower’s an adjustment and has altered its initial Executive Secretary. financial difficulties grants a concession burden estimates accordingly. The [FR Doc. 2011–23835 Filed 9–16–11; 8:45 am] to the borrower that the creditor would revised estimated burden for the not otherwise have considered if it were application requirement is as follows: BILLING CODE 6714–01–P not for the borrower’s financial Title: ‘‘Assessment Rate Adjustment difficulties. Restructured workout loans Guidelines for Large and Highly FEDERAL RESERVE SYSTEM typically present an elevated level of Complex Institutions—Request for credit risk as the borrowers are not able Adjustment.’’ Proposed Agency Information to perform according to the original OMB Number: 3064–0179. Collection Activities; Comment contractual terms. The FDIC is Respondents: Large and Highly Request interested in pricing for risk; therefore, Complex insured depository TDRs (which display higher risk) are institutions. AGENCY: Board of Governors of the included in certain scorecard ratios. Number of Responses: 0–11 per year. Federal Reserve System. The FDIC does not believe the Frequency of Response: Occasional. SUMMARY: On June 15, 1984, the Office definitions and the application of those Average number of hours to prepare of Management and Budget (OMB) definitions in the pricing rule for these a response: 8–80. delegated to the Board of Governors of higher risk assets is inconsistent with Total Annual Burden: 0–880 hours. the Federal Reserve System (Board) its the FDIC’s guidance to ‘‘avoid Comment Request: The FDIC has an approval authority under the Paperwork unnecessary foreclosures and consider ongoing interest in public comments on Reduction Act (PRA), pursuant to 5 CFR mortgage loan modifications or other its collections of information, including 1320.16, to approve of and assign OMB workouts that are affordable and comments on: (1) Whether this control numbers to collection of sustainable.’’ To the extent that TDRs collection of information is necessary information requests and requirements have risk mitigants that materially lower for the proper performance of the FDIC’s conducted or sponsored by the Board an institution’s risk profile relative to functions, including whether the under conditions set forth in 5 CFR Part that institution’s total score, the FDIC information has practical utility; (2) the 1320 Appendix A.1. Board-approved would consider those specific mitigants accuracy of the estimates of the burden collections of information are in the adjustment process. of the information collection, including incorporated into the official OMB VII. Effective Date: September 13, 2011 the validity of the methodologies and inventory of currently approved assumptions used; (3) ways to enhance collections of information. Copies of the VIII. Paperwork Reduction Act the quality, utility, and clarity of the Paperwork Reduction Act Submission, In accordance with the Paperwork information to be collected; and (4) supporting statements and approved Reduction Act of 1995 (44 U.S.C. 3501 ways to minimize the burden of the collection of information instruments et seq.), an agency may not conduct or information collection on respondents, are placed into OMB’s public docket sponsor, and a person is not required to including through the use of automated files. The Federal Reserve may not respond to, a collection of information collection techniques or other forms of conduct or sponsor, and the respondent unless it displays a currently valid OMB information technology. Comments may is not required to respond to, an

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58004 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

information collection that has been 452–3829) Telecommunications Device borrower’s behalf due to remapping, 824 extended, revised, or implemented on or for the Deaf (TDD) users may contact hours; and retention of standard FEMA after October 1, 1995, unless it displays (202–263–4869), Board of Governors of form, 14,420 hours. a currently valid OMB control number. the Federal Reserve System, Estimated average hours per response: DATES: Comments must be submitted on Washington, DC 20551. Notice of special flood hazards to or before November 18, 2011. SUPPLEMENTARY INFORMATION: borrowers and servicers, 5 minutes; ADDRESSES: You may submit comments, notice to FEMA of servicer, 5 minutes; Request for Comment on Information notice to FEMA of change of servicer, 5 identified by Reg H–2, by any of the Collection Proposal following methods: minutes; notice to borrowers of lapsed • Agency Web Site: http:// The following information collection, mandated flood insurance, 5 minutes; www.federalreserve.gov. Follow the which is being handled under this purchase flood insurance on the instructions for submitting comments at delegated authority, has received initial borrower’s behalf, 15 minutes; notice to http://www.federalreserve.gov/ Board approval and is hereby published borrowers of lapsed mandated flood generalinfo/foia/ProposedRegs.cfm. for comment. At the end of the comment insurance due to remapping, 5 minutes; • Federal eRulemaking Portal: http:// period, the proposed information purchase flood insurance on the www.regulations.gov. Follow the collection, along with an analysis of borrower’s behalf due to remapping, 15 instructions for submitting comments. comments and recommendations minutes; and retention of standard • E-mail: received, will be submitted to the Board FEMA form, 2.5 minutes. [email protected]. for final approval under OMB delegated Number of respondents: 824. Include docket number in the subject authority. Comments are invited on the General description of report: This line of the message. following: information collection is mandatory • FAX: 202/452–3819 or 202/452– a. Whether the proposed collection of pursuant to Section 12 of the Flood 3102. information is necessary for the proper Disaster Protection Act of 1973, as • Mail: Jennifer J. Johnson, Secretary, performance of the Federal Reserve’s amended (42 U.S.C. 4012a) and section Board of Governors of the Federal functions; including whether the 1364 of the National Flood Insurance Reserve System, 20th Street and information has practical utility; Act of 1968, as amended (42 U.S.C. Constitution Avenue, NW., Washington, b. The accuracy of the Federal 4104a). Since the Federal Reserve does DC 20551. Reserve’s estimate of the burden of the not collect any information associated All public comments are available proposed information collection, with Reg H–2, confidentiality would not from the Board’s Web site at http:// including the validity of the generally be an issue. However, www.federalreserve.gov/generalinfo/ methodology and assumptions used; confidentiality issues may arise should foia/ProposedRegs.cfm as submitted, c. Ways to enhance the quality, the records required by the Reg H–2 unless modified for technical reasons. utility, and clarity of the information to requirements come into possession of Accordingly, your comments will not be be collected; and the Board during an examination of a edited to remove any identifying or d. Ways to minimize the burden of state member bank, those records would contact information. Public comments information collection on respondents, be protected from disclosure by may also be viewed electronically or in including through the use of automated exemption 8 of the Freedom of paper form in Room MP–500 of the collection techniques or other forms of Information Act. (5 U.S.C. 552(b)(8)). Board’s Martin Building (20th and C information technology. Abstract: Regulation H requires state Streets, NW.,) between 9 a.m. and 5 p.m. e. Estimates of capital or start up costs member banks to notify a borrower and on weekdays. and costs of operation, maintenance, servicer when loans secured by real Additionally, commenters should and purchase of services to provide estate are determined to be in a special send a copy of their comments to the information. flood hazard area and notify them OMB Desk Officer—Shagufta Ahmed Proposal To Approve Under OMB whether flood insurance is available; —Office of Information and Regulatory Delegated Authority the Extension for notify FEMA of the identity of, and any Affairs, Office of Management and Three Years, With Revision, of the change of, the servicer of a loan secured Budget, New Executive Office Building, Following Report by real estate in a special flood hazard area; and retain a completed copy of the Room 10235 725 17th Street, NW., Report title: Recordkeeping and Washington, DC 20503 or by fax to 202– Standard Flood Hazard Determination Disclosure Requirements Associated Form used to determine whether 395–6974. with Loans Secured by Real Estate FOR FURTHER INFORMATION CONTACT: A property securing a loan is in a special Located in Flood Hazard Areas Pursuant flood hazard area. copy of the PRA OMB submission, to Section 208.25 of Regulation H. including the proposed reporting form Current Action: The Federal Reserve Agency form number: Reg H–2. proposes to extend, with revision, the and instructions, supporting statement, OMB control number: 7100–0280. recordkeeping and disclosure and other documentation will be placed Frequency: Event-generated. into OMB’s public docket files, once Reporters: State member banks. requirements of Regulation H for loans approved. These documents will also be Estimated annual reporting hours: secured by improved property in areas 1 made available on the Federal Reserve Notice of special flood hazards to having special flood hazards. Although Board’s public Web site at: http:// borrowers and servicers, 5,768 hours; state member banks have been required www.federalreserve.gov/boarddocs/ notice to FEMA of servicer, 5,768 hours; to comply with Section 208.25 of reportforms/review.cfm or may be notice to FEMA of change of servicer, Regulation H for some time, the current requested from the agency clearance 2,884 hours; notice to borrowers of information collection does not include officer, whose name appears below. lapsed mandated flood insurance, 1,167 disclosures related to ensuring Federal Reserve Board Clearance hours; purchase flood insurance on the maintenance of flood insurance over the Officer—Cynthia Ayouch—Division of borrower’s behalf, 824 hours; notice to 1 A special flood hazard area is defined by Research and Statistics, Board of borrowers of lapsed mandated flood Regulation H as land in the flood plain within a Governors of the Federal Reserve insurance due to remapping, 549 hours; community having at least a 1 percent chance of System, Washington, DC 20551 (202– purchase flood insurance on the flooding in any given year, as designated by FEMA.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58005

life of these loans. The Federal Reserve Beach, California, a Cayman limited Under the Federal Reserve Bank of proposes to revise the information partnership; Allianz Global Investors of Atlanta heading, the entry for Trade collection to account for this statutory America L.P., Newport Beach, Street Holdings, LLC Trade Street BFHI requirement. California, a Delaware limited Holdings, LLC, both in Aventura September 14, 2011. partnership; Allianz Global Investors of Florida, and Florida Carpenters Board of Governors of the Federal Reserve America LLC, Newport Beach, Regional Council Pension Fund, System. California, a Delaware limited liability Hialeah, Florida, is revised to read as Jennifer J. Johnson, company; Allianz Global Investors U.S. follows: Secretary of the Board. Holding II LLC, Newport Beach, California, a Delaware limited liability A. Federal Reserve Bank of Atlanta [FR Doc. 2011–23961 Filed 9–16–11; 8:45 am] company; PFP Holdings, Inc., Newport (Chapelle Davis, Assistant Vice BILLING CODE 6210–01–P Beach, California, a Delaware President) 1000 Peachtree Street, NE., corporation; Allianz Global Investors of Atlanta, Georgia 30309: FEDERAL RESERVE SYSTEM America Holdings Inc., Munich, 1. Trade Street Investment Services, Germany, a Delaware corporation; LLC; Trade Street BFHI Holdings, LLC; Change in Bank Control Notices; Allianz Global Investors Trade Street Financial Holdings, LLC, Acquisitions of Shares of a Bank or Aktiengesellschaft, Munich, Germany, a all in Aventura, Florida, and Florida Bank Holding Company German corporation; Allianz of Carpenters Regional Council Pension America, Inc., Novato, California, a The notificants listed below have Fund, Hialeah, Florida; to become bank Delaware corporation; Allianz holding companies by acquiring 52.41 applied under the Change in Bank Finanzbeteiligungs GMBH, Munich, Control Act (12 U.S.C. 1817(j)) and percent of the voting shares of Broward Germany, a German limited liability Financial Holdings, Inc., and its § 225.41 of the Board’s Regulation Y (12 company; and Allianz SE, Munich, CFR 225.41) to acquire shares of a bank subsidiary, Broward Bank of Commerce, Germany, a German corporation, to both in Fort Lauderdale, Florida. or bank holding company. The factors acquire voting shares of ECB Bancorp, that are considered in acting on the Inc., and thereby indirectly acquire Comments on this application must notices are set forth in paragraph 7 of voting shares of The East Carolina Bank, be received by October 7, 2011. the Act (12 U.S.C. 1817(j)(7)). both in Engelhard, North Carolina. The notices are available for Board of Governors of the Federal Reserve immediate inspection at the Federal B. Federal Reserve Bank of Dallas (E. System, September 13, 2011. Reserve Bank indicated. The notices Ann Worthy, Vice President) 2200 Robert deV. Frierson, also will be available for inspection at North Pearl Street, Dallas, Texas 75201– Deputy Secretary of the Board. 2272: the offices of the Board of Governors. [FR Doc. 2011–23854 Filed 9–16–11; 8:45 am] 1. Steven Gregory Kidd, Plano, Texas, Interested persons may express their BILLING CODE 6210–01–P views in writing to the Reserve Bank individually and as trustee for The Greg indicated for that notice or to the offices Kidd 2010 Trust, The John Luster Kidd of the Board of Governors. Comments 2011 Family Trust, and as co-trustee for The Family Trust; John Luster Kidd, must be received not later than October GOVERNMENT PRINTING OFFICE 3, 2011. Tyler, Texas, individually and as trustee A. Federal Reserve Bank of Richmond for The Greg and Shelly Kidd 2011 Meeting Notice; Depository Library (Adam M. Drimer, Assistant Vice Trust, The Luster Kidd 2010 Trust, and Council to the Public Printer President) 701 East Byrd Street, as co-trustee for The Family Trust; and Richmond, Virginia 23261–4528: collectively Steven Gregory Kidd and The Depository Library Council to the 1. FIE I LLC, Newport Beach, John Luster Kidd as the Kidd Family Public Printer (DLC) will meet on California, a Delaware limited liability Group; to acquire voting shares of Kidd Monday, October 17, through Thursday, company; PIMCO BRAVO Fund, L.P., Partners, Ltd., and thereby indirectly October 20, 2011, from 8 a.m. to 5:30 Newport Beach, California, a Delaware acquire voting shares of Chandler p.m., at the Doubletree Hotel-Crystal limited partnership; PIMCO GP IX, LLC, Bancorp, Inc., both in Tyler, Texas, Newport Beach, California, a Delaware Chandler Bancorp of Nevada Inc., City, located at 300 Army Navy Drive, limited partnership; Pacific Investment Carson City, Nevada, and Citizens State Arlington, Virginia, to discuss the Management Company LLC, Newport Bank, Tyler, Texas. Federal Depository Library Program. All Beach, California, a Delaware limited sessions are open to the public. The Board of Governors of the Federal Reserve sleeping rooms available at the liability company; PIMCO BRAVO Fund System, September 13, 2011. Doubletree Hotel-Crystal City will be at Special Offshore Feeder I, L.P., Newport Robert deV. Frierson, Beach, California, a Cayman Islands the Government rate of $226.00 per Deputy Secretary of the Board. exempted limited partnership; PIMCO night (plus applicable state and local BRAVO Fund Special Onshore Feeder I, [FR Doc. 2011–23853 Filed 9–16–11; 8:45 am] taxes, currently 10.25%) for a single or L.P., Newport Beach, California, a BILLING CODE 6210–01–P a double. The Doubletree Hotel-Crystal Delaware limited partnership; PIMCO City is in compliance with the BRAVO Fund Offshore Feeder I, L.P., FEDERAL RESERVE SYSTEM requirements of Title III of the Newport Beach, California, a Cayman Americans with Disabilities Act and Islands exempted limited partnership; Formations of, Acquisitions by, and meets all Fire Safety Act regulations. PIMCO BRAVO Fund Onshore Feeder Mergers of Bank Holding Companies; William J. Boarman, I,L.P., Newport Beach, California, a Correction Delaware limited partnership; PIMCO Public Printer of the United States. BRAVO Fund Special Onshore Feeder This notice corrects a notice (FR Doc. [FR Doc. 2011–23948 Filed 9–16–11; 8:45 am] (TE) I, L.P., Newport Beach, California, 2011–23321) published on page 56455 BILLING CODE 1520–01–P a Delaware limited partnership; PIMCO of the issue for Tuesday, September 13, BRAVO Holding Fund I, L.P., Newport 2011.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00059 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58006 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

DEPARTMENT OF HEALTH AND successor, the authorities vested in the Secretary, Department of Health and HUMAN SERVICES Secretary under section 1704 of Title Human Services. XVII of the Public Health Service Act ACTION: Notice. Consumer Health IT Pledge Program (PHSA) (42 U.S.C. 300u–3), as amended, to conduct and support by grant or SUMMARY: Pursuant to Section 10(a) of AGENCY: Office of the National contract (and encourage others to the Federal Advisory Committee Act, Coordinator for Health Information U.S.C. Appendix 2, notice is hereby Technology, HHS. support) such activities as may be required to make information respecting given that the Secretary’s Advisory ACTION: Notice of availability for health information and health Committee on Human Research Consumer Health IT Pledge Program. promotion, preventive health services, Protections (SACHRP) will hold its twenty-sixth meeting. The meeting will SUMMARY: The U.S. Department of and education in the appropriate use of be open to the public. Information about Health & Human Services’ Office of the health care available to the consumers SACHRP and the meeting agenda will National Coordinator for Health of medical care, providers of such care, be posted on the SACHRP Web site at: Information Technology (ONC) is schools, and others who are or should http://www.dhhs.gov/ohrp/sachrp/ leading a national campaign to educate be informed respecting such matters. mtgings/index.html. and engage the public on the value and Limitations benefits of health information DATES: The meeting will be held on The delegation of authority granted technology (health IT) in improving Tuesday, October 4, 2011 from 8:30 a.m. herein under section 1704 of Title XVII health and health care. As part of the until 5 p.m. and Wednesday, October 5, of the PHSA (42 U.S.C. 300u–3) does campaign, we encourage entities that 2011 from 8:30 a.m. until 5 p.m. not supersede any previous delegations touch Americans’ lives to pledge to ADDRESSES: U.S. Department of Health of this authority. empower individuals to be partners in and Human Services, 200 Independence The delegation of authority granted Avenue SW., Hubert H. Humphrey their health through health IT. There are herein under section 1704 of the PHSA, two types of pledges: One for those who Building, Room 800, Washington, DC as amended, is limited to making 20201. manage or maintain individually information available to the consumers identifiable health data (e.g., providers, of medical care, providers of such care, FOR FUTHER INFORMATION CONTACT: Jerry hospitals, payers, retail pharmacies) and schools, and others who are or should Menikoff, M.D., J.D., Director, Office for another for those who do not manage or be informed about the use of health Human Research Protections (OHRP), or maintain consumer health data, but information technology as it relates to Julia Gorey, J.D., Executive Director, have the ability to educate consumers health information and health SACHRP; U.S. Department of Health about the importance of getting access to promotion, preventive health services, and Human Services, 1101 Wootton and using their health information (e.g., and education in the appropriate use of Parkway, Suite 200, Rockville, Maryland 20852; 240–453–8141; fax: employers, consumer and disease-based health care. organizations, healthcare associations, The authority under section 1704 of 240–453–6909; e-mail address: product developers). the PHSA, as amended, shall be [email protected]. Taking the pledge is voluntary, and exercised under the Department’s policy SUPPLEMENTARY INFORMATION: Under the does not represent any endorsement by on regulations and the existing authority of 42 U.S.C. 217a, Section 222 the U.S. Department of Health and delegation of authority to approve and of the Public Health Service Act, as Human Services or any other part of the issue regulations. amended, SACHRP was established to federal government. This delegation of authority may be provide expert advice and To learn more about the details of the re-delegated. recommendations to the Secretary of pledge, please visit: http:// This delegation of authority is Health and Human Services and the www.healthit.gov/pledge. effective immediately. Assistant Secretary for Health on issues Notice of this schedule is given under I hereby affirm and ratify any actions and topics pertaining to or associated the American Recovery and taken by the National Coordinator, or with the protection of human research Reinvestment Act of 2009 (Pub. L. 111– his or her subordinates, which involved subjects. 5), section 3003. the exercise of the authority under Both days of this meeting will be Dated: September 9, 2011. section 1704 of Title XVII of the PHSA devoted to SACHRP discussion of the Jodi Daniel, (42 U.S.C. 300u–3), as amended, recent Advance Notice of Proposed Office of Policy and Planning, Office of the delegated herein prior to the effective Rulemaking (ANPRM), Human Subjects National Coordinator for Health Information date of this delegation of authority. Research Protections: Enhancing Technology. Authority: 44 U.S.C. 3101. Protections for Research Subjects and [FR Doc. 2011–23889 Filed 9–16–11; 8:45 am] Reducing Burden, Delay, and Ambiguity Dated: September 12, 2011. BILLING CODE 4150–45–P for Investigators, published in the July Kathleen Sebelius, 26 Federal Register. The meeting will Secretary. open October 4 with remarks from DEPARTMENT OF HEALTH AND [FR Doc. 2011–23886 Filed 9–16–11; 8:45 am] SACHRP Chair Dr. Barbara Bierer and HUMAN SERVICES BILLING CODE 4150–45–P OHRP Director Dr. Jerry Menikoff, followed by presentation of joint Office of the Secretary recommendations on the ANPRM from DEPARTMENT OF HEALTH AND the Subpart A Subcommittee (SAS) and Office of the National Coordinator for HUMAN SERVICES Health Information Technology; the Subcommittee on Harmonization Delegation of Authority Meeting of the Secretary’s Advisory (SOH). Committee on Human Research SAS is charged with developing Notice is hereby given that I have Protections recommendations for consideration by delegated to the National Coordinator SACHRP regarding the application of for Health Information Technology AGENCY: Office of the Assistant subpart A of 45 CFR part 46 in the (National Coordinator), or his or her Secretary for Health, Office of the current research environment; this

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58007

subcommittee was established by DATES: The meeting will be held on for the Advisory Group. The public will SACHRP in October 2006. SOH was October 3–4, 2011. have the opportunity to provide established by SACHRP at its July 2009 ADDRESSES: Will be announced on the comments to the Advisory Group on meeting, and is charged with identifying Web site: http://www.healthcare.gov/ October 3, 2011; public comment will and prioritizing areas in which center/councils/nphpphc/index.html. be limited to 3 minutes per speaker. regulations and/or guidelines for human FOR FURTHER INFORMATION CONTACT: Registration through the designated subjects research adopted by various Office of the Surgeon General, 200 contact for the public comment session agencies or offices within HHS would Independence Ave., SW.; Hubert H. is also required. Any member of the benefit from harmonization, Humphrey Building, Room 701H; public who wishes to have printed consistency, clarity, simplification and/ Washington, DC 20001; 202–205–9517; materials distributed to the Advisory or coordination. [email protected]. Group for this scheduled meeting Public Comment will be heard on should submit material to the designed SUPPLEMENTARY INFORMATION: On June both days. point of contact no later than 12 p.m. 10, 2010, the President issued Executive Public attendance at the meeting is EST September 26, 2011. limited to space available. Individuals Order 13544 to comply with the statutes Dated: September 8, 2011. who plan to attend the meeting and under Section 4001 of the Patient need special assistance, such as sign Protection and Affordable Care Act, Corinne M. Graffunder, language interpretation or other Public Law 111–148. This legislation Acting Designated Federal Officer, Advisory reasonable accommodations, should mandated that the Advisory Group was Group on Prevention, Health Promotion, and to be established within the Department Integrative and Public Health Office of the notify the designated contact persons. Surgeon General. Members of the public will have the of Health and Human Services. The [FR Doc. 2011–23869 Filed 9–16–11; 8:45 am] opportunity to provide comments on charter for the Advisory Group was both days of the meeting. Public established by the Secretary of Health BILLING CODE 4150–28–P comment will be limited to five minutes and Human Services on June 23, 2010; per speaker. Any members of the public the charter was filed with the appropriate Congressional committees DEPARTMENT OF HEALTH AND who wish to have printed materials HUMAN SERVICES distributed to SACHRP members for this and Library of Congress on June 24, scheduled meeting should submit 2010. The Advisory Group has been established as a non-discretionary Centers for Medicare & Medicaid materials to the Executive Director, Services SACHRP, prior to the close of business Federal advisory committee. The Advisory Group has been September 30, 2011. Privacy Act of 1974; Report of a New established to provide recommendations System of Records Dated: September 13, 2011. and advice to the National Prevention, Jerry Menikoff, Health Promotion and Public Health AGENCY: Centers for Medicare & Director, Office for Human Research Council (the ‘‘Council’’). The Advisory Medicaid Services (CMS), Department Protections, Executive Secretary, Secretary’s Group shall provide assistance to the of Health and Human Services (HHS). Advisory Committee on Human Research Council in carrying out its mission. ACTION: Notice to establish a new system Protections. The Advisory Group membership of records. [FR Doc. 2011–23863 Filed 9–16–11; 8:45 am] shall consist of not more than 25 non- BILLING CODE 4150–36–P Federal members to be appointed by the SUMMARY: In accordance with the President. The membership shall requirements of the Privacy Act of 1974, include a diverse group of licensed CMS is establishing a new system of DEPARTMENT OF HEALTH AND health professionals, including records to support its shared savings HUMAN SERVICES integrative health practitioners who programs, the first of which are the have expertise in (1) worksite health Medicare Shared Savings Program and Meeting of the Advisory Group on promotion; (2) community services, Pioneer ACO Model (collectively Prevention, Health Promotion, and including community health centers; (3) referred to as the ACO program). The Integrative and Public Health preventive medicine; (4) health ACO program implements recent health AGENCY: Department of Health and coaching; (5) public health education; care reform provisions of the Patient Human Services, Office of the Secretary, (6) geriatrics; and (7) rehabilitation Protection and Affordable Care Act Office of the Assistant Secretary for medicine. There are currently 16 (PPACA), amending the Social Security Health, Office of the Surgeon General of members of the Advisory Group Act (the Act). The system of records will the United States Public Health Service. appointed by the President. This will be contain personally identifiable ACTION: Notice. the third meeting of the Advisory information (PII) about certain Group. individuals who participate in, or SUMMARY: In accordance with Section Public attendance at the meeting is whose PII is used to determine 10(a) of the Federal Advisory Committee limited to the space available. Members eligibility of an Accountable Care Act, Public Law 92–463, as amended (5 of the public who wish to attend must Organization (ACO) to participate in, a U.S.C. App.), notice is hereby given that register by 12 p.m. EST September 26, shared savings program; i.e., Medicare a meeting is scheduled to be held for the 2011. Individuals should register for fee-for-service (FFS) beneficiaries, sole Advisory Group on Prevention, Health public attendance at proprietor health care ACO participants Promotion, and Integrative and Public [email protected] by and ACO suppliers/providers, key Health (the ‘‘Advisory Group’’). The providing your full name and affiliation. leaders and managers of accountable meeting will be open to the public. Individuals who plan to attend the care organizations (ACOs), and contact Information about the Advisory Group meeting and need special assistance persons for ACOs. The program and the can be obtained by accessing the and/or accommodations, i.e., sign system of records are more thoroughly following Web site: http:// language interpretation or other described in the Supplementary www.healthcare.gov/center/councils/ reasonable accommodations, should Information section and System of nphpphc/index.html. notify the designated point of contact Records Notice (SORN), below.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58008 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

DATES: CMS filed a new system report these provisions, Section 3022, eligibility to become an ACO, as with the Chair of the House Committee amended Title XVIII of the Social determined appropriate by the on Government Reform and Oversight, Security Act (the Act) (42 U.S.C. 1395 Secretary. the Chair of the Senate Committee on et seq.) by adding new section 1899 to To qualify for shared savings Homeland Security & Governmental the Act to establish a shared savings payments, the ACO must meet specific Affairs, and the Administrator, Office of program (SSP) that promotes cost and quality benchmarks. Quality Information and Regulatory Affairs, accountability for a patient population, performance standards will be Office of Management and Budget coordinates items and services under determined by the Secretary and may (OMB) on September 14, 2011. To Parts A and B, and encourages include measures of clinical processes ensure that all parties have adequate investment in infrastructure and and outcomes, patient and/or caregiver time in which to comment, the new redesigned care processes for high experience, and utilization measures. system, including routine uses, will quality and efficient service delivery. An ACO will be eligible to receive a become effective October 19, 2011. If Specifically: share (a percentage, and any limits, to CMS receives comments that require • Section 1899(a)(1) of the Act be determined by the Secretary) of any alterations to this notice, we will requires the Secretary to establish the savings if the actual per capita publish a revised notice in the Federal shared savings program no later than expenditures of its assigned Medicare Register. January 1, 2012. Section 1899(a)(1) (A) beneficiaries are a sufficient percentage ADDRESSES: The public should send of the Act further provides that, ‘‘groups below its specified benchmark amount. comments to: CMS Privacy Officer, of providers of services and suppliers The benchmark for each ACO will be Division of Information Security & meeting criteria specified by the based on the most recent available three Privacy Management, Enterprise Secretary may work together to manage years of per-beneficiary expenditures for Architecture and Strategy Group, Office and coordinate care for Medicare fee- Parts A and B services for Medicare FFS of Information Services, CMS, Room for-service (FFS) beneficiaries through beneficiaries assigned to the ACO. The N1–24–08, 7500 Security Boulevard, an accountable care organization benchmark for each ACO will be (ACO).’’ adjusted for beneficiary characteristics Baltimore, Maryland 21244–1850. • Section 1899(a)(1)(B) of the Act and other factors as determined by the Comments received will be available for provides that ACOs that meet quality Secretary, and updated by the projected review at this location, by appointment, performance standards established by absolute amount of growth in national during regular business hours, Monday the Secretary are eligible to receive per capita expenditures for Parts A and through Friday from 9 a.m.–3 p.m., payments for ‘‘shared savings.’’ B. Eastern Time zone. The Shared Savings Program is a FOR FURTHER INFORMATION CONTACT: For voluntary program. The statute provides II. Pioneer ACO Model Medicare Shared Savings Program: that, to participate in the program, an Another provision of the Affordable Rebecca Weiss, Program Analyst, ACO must ‘‘provide the Secretary with Care Act (PPACA), Section 3021, Performance-Based Payment Policy such information regarding the ACO amended Title XVIII of the Social Staff, Center for Medicare, Centers for professionals participating in the ACO Security Act (the Act) (42 U.S.C. 1395 Medicare & Medicaid Services, 7500 as the Secretary determines necessary to et seq.) by adding new section 1899 to Security Boulevard, Mail-stop: C5–15– support the assignment of Medicare fee- the Act to establish the Center for 12, Baltimore, MD 21244–1850. Office: for-service beneficiaries to an ACO, the Medicare and Medicaid Innovation 410–786–8084, Facsimile: (410) 786– implementation of quality and other (Innovation Center). The Innovation 8005, E-mail address: [email protected]. reporting requirements * * * and the Center is tasked with development of For Pioneer Aco Model: Alli Chandra, determination of payments for shared the Pioneer ACO Model. Under the Health Insurance Specialist, Center for savings.’’ The statute requires an ACO to Pioneer ACO Model, the Innovation Medicare and Medicaid Innovation, meet certain eligibility criteria Center will engage up to 30 highly Centers for Medicare & Medicaid including, but not limited to, having ‘‘a experienced provider organizations in Services, 7500 Security Boulevard, formal legal structure that would allow testing alternative payment models that Mailstop: S3–13–05, Baltimore, MD the organization to receive and include escalating financial 21244–1850. Office Ph: 410–786–1132, distribute payments for shared savings,’’ accountability and substantial quality/ Facsimile: (410) 786–0487, E-mail having ‘‘in place a leadership and patient experience standards address: [email protected]. management structure that includes (‘‘outcomes based arrangements’’). CMS SUPPLEMENTARY INFORMATION: This clinical and administrative systems,’’ intends to pursue payment models that System of Records Notice (SORN) and demonstrating ‘‘to the Secretary that (1) include escalating levels of financial addresses a new system which HHS is it meets patient-centeredness criteria accountability through successive establishing to support CMS shared specific by the Secretary.’’ In addition, performance periods during the savings programs created as a result of the ACO must agree to participate for Participation Agreement; (2) provide a the Patient Protection and Affordable not less than 3 years, have a formal legal transition to Population-Based Payment Care Act (Pub. L. 111–148), the first of structure including primary care by the third performance period, and (3) which are the Medicare Shared Savings providers sufficient for the care of not are projected by CMS to generate Program and Pioneer ACO Model (ACO less than 5000 beneficiaries, and meet Medicare savings by the end of the program) described in more detail others requirements. second performance period. below. The statute defines an ACO as organization of health care providers III. The Privacy Act I. Medicare Shared Savings Program that agrees to become accountable for The Privacy Act (5 U.S.C. 552a) The recently passed health care the quality, cost, and overall care of governs the means by which the United reform bill, the Affordable Care Act Medicare beneficiaries who are enrolled States Government collects, maintains, (PPACA) (Pub. L. 111–148), contains in the traditional fee-for-service program and uses personally identifiable provisions that seek to reward quality who are assigned to it. The statute states information (PII) in a system of records. care and takes steps toward paying for that there are many types of A ‘‘system of records’’ is a group of any high quality and efficient care. One of organizational arrangements for records under the control of a Federal

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58009

agency from which information about SYSTEM NUMBER: include home addresses for any sole individuals is retrieved by name or 09–70–0598 proprietor providers/suppliers in the other personal identifier. The Privacy SYSTEM NAME: ACO); ACO participant Tax Act requires each agency to publish in ACO Database System HHS/CMS/CM Identification Number (TIN) (which the Federal Register a system of records and HHS/CMS/CMMI. could be a Social Security Number for notice (SORN) identifying and a sole proprietor ACO participant or describing each system of records the SECURITY CLASSIFICATION: ACO provider/supplier in the ACO); agency maintains, including the Sensitive, unclassified. National Provider Identifier (NPI) purposes for which the agency uses PII (which is considered PII for an in the system, the routine uses for SYSTEM LOCATION: individual provider/supplier); and (for which the agency discloses such CMS Data Center, 7500 Security individuals serving as key leaders or information outside the agency, and Boulevard, North Building, First Floor, managers of an ACO) the individual’s how individual record subjects can Baltimore, Maryland 21244–1850 and at name and address (which could be a exercise their rights under the Privacy various accountable care organization home address). (ACO) locations and contractor sites. Act (e.g., to determine if the system AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contains information about them). CATEGORIES OF INDIVIDUALS COVERED BY THE The Patient Protection and Affordable The Privacy Act permits an agency to SYSTEM: Care Act (Pub. L. 111–148), which disclose information about an The system will contain personally amended Title XVIII of the Social individual (PII) without that identifiable information (PII) about the Security Act (the Act) (42 U.S.C. 1395 individual’s consent if the information following categories of individuals who et seq.) to add new section 1899 to the is to be used for a purpose that is participate in, or whose PII is used to Act to establish a Medicare Shared compatible with the purpose(s) for determine eligibility of an ACO to Savings Program (MSSP); and Section which the information was collected. participate in, a Health and Human 3021 of the Patient Protection and Any such disclosure of PII is known as Services (HHS) Centers for Medicare & Affordable Care Act, which amended a ‘‘routine use.’’ HHS/CMS will only Medicaid Services (CMS) Medicare Title XI of the Social Security Act (the release PII from this system as provided shared savings program: Act) (42 U.S.C. 1301 et seq.) to add new • in the ‘‘Routine Uses’’ section below. Medicare fee-for-service (FFS) section 1115A to the Act to establish the Both identifiable and non-identifiable beneficiaries who receive health care Center for Medicare and Medicaid data may be disclosed under a routine services coordinated and managed by a Innovation. use. HHS/CMS will only disclose the group of health care providers and PURPOSE(S) OF THE SYSTEM: minimum PII necessary to achieve the suppliers organized to receive shared purpose of the routine use, after savings incentive payments, as an The system will enable the HHS determining that: accountable care organization (ACO). Centers for Medicare & Medicaid • Any providers or suppliers • Services (CMS) to administer the ACO The use or disclosure is consistent participating in an ACO who are sole program. Relevant HHS personnel, and with the reason that the PII was proprietorships, for whom certain any CMS contractors, grantees and collected; business-identifying information may consultants assisting them, will use • The purpose for which the therefore constitute personally personally identifiable information (PII) disclosure is to be made can only be identifiable information. from this system on a ‘‘need to know’’ accomplished if the record is provided • Key leaders and managers of an basis for these purposes: in individually identifiable form; ACO who provide certain personally • Beneficiary claims information and identifiable information that is used to • The purpose for which the ACO eligibility and contact information determine the ACO’s eligibility to disclosure is to be made is of sufficient will be used to support the regulatory, participate in the program. importance to warrant the effect on and/ reimbursement and policy functions of • Any contact persons for an ACO shared savings programs and to combat or risk to the privacy of the individual who provide contact information for use fraud, waste and abuse in certain health that additional exposure of the record in contacting them for information benefits programs. might bring; about the ACO. • There is a strong probability that ROUTINE USES OF RECORDS MAINTAINED IN THE the proposed use of the data would in CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: fact accomplish the stated purpose(s); This system may include, but will not and necessarily be limited to, the following Any of the PII from this system may categories of records, containing PII (or be disclosed outside HHS for these • The data are valid and reliable. possible PII) data elements such as the routine uses: Additionally, HHS/CMS will require following: 1. To obtain assistance from other the information recipient to: • Medicare fee-for-service (FFS) Federal agencies that help HHS, • Establish administrative, technical, beneficiary claims records, containing pursuant to agreements with CMS, to and physical safeguards to prevent the beneficiary’s name, gender, Health determine the eligibility of ACO unauthorized use or disclosure of the Insurance Claim Number (HICN) (which applicants to participate in the program. record; could be the beneficiary’s Social For example, a TIN (which may be a • Security Number), address, date of birth Social Security Number) may be shared Remove or destroy at the earliest and description of provided services. with the U.S. Federal Trade time all individually-identifiable • ACO eligibility and contact records, Commission (FTC) and the U.S. information; and containing the ACO name and address Department of Justice (DOJ) for purposes • Agree to not use or disclose the (which could be the home address of a of obtaining their assessment of the information for any purpose other than key leader or manager of the ACO); ACO ACO applicant’s market share status. the stated purpose under which the participant or ACO provider/supplier 2. To provide ACOs with information information was disclosed. names and addresses (which could they need to meet requirements and

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58010 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

implement quality and other reporting identified through implicit deduction electronic files or in hard-copy file requirements of the program. based on small cell sizes (instances folders locked in secure file cabinets 3. To provide information to the U.S. where the patient population is so small during non-duty hours. Department of Justice (DOJ), a court, or that individuals could, because of the RETENTION AND DISPOSAL: an adjudicatory body when (a) the small size, use this information to Agency or any component thereof, or (b) deduce the identity of a particular Records containing PII will be any employee of the Agency in his or beneficiary). maintained for a period of up to 10 her official capacity, or (c) any years after entry in the database. Any employee of the Agency in his or her POLICIES AND PRACTICES FOR STORING, records that are needed longer, such as individual capacity where the DOJ has RETRIEVING, ACCESSING, RETAINING, AND to resolve claims and audit exceptions DISPOSING OF RECORDS IN THE SYSTEM— agreed to represent the employee, or (d) or to prosecute fraud, will be retained the United State Government, is a party STORAGE: until such matters are resolved. to litigation or has an interest in such Electronic records will be stored on Beneficiary claims records are currently litigation, and by careful review, CMS both tape cartridges (magnetic storage subject to a document preservation determines that the records are both media) and in a in a DB2 and/or Oracle order and will be preserved indefinitely relevant and necessary to the litigation relational database management pending further notice from the U.S. and that the use of such records by the environment (DASD data storage Department of Justice. DOJ, court, or adjudicatory body is media). Any hard copies of ACO SYSTEM MANAGER AND ADDRESS: compatible with the purpose for which program-related records containing PII Director, Performance-Based Payment the agency collected the records. at HHS/CMS, ACO and contractor Policy Staff, Center for Medicare, 4. To assist another Federal agency or locations will be kept in hard-copy file Centers for Medicare & Medicaid an instrumentality of any governmental folders locked in secure file cabinets Services, 7500 Security Boulevard, jurisdiction within or under the control during non-duty hours. of the United States (including any state Mailstop: C5–15–12, Baltimore, MD or local governmental agency), that RETRIEVABILITY: 21244–1850; and administers or that has the authority to Information may be retrieved by any Director, Pioneer ACO Model, Center investigate potential fraud, waste or of these personal identifiers: ACO for Medicare and Medicaid Innovation, abuse in a health benefits program participant TIN (which could be a sole Centers for Medicare and Medicaid funded in whole or in part by Federal proprietor provider/supplier’s Social Services, Mailstop: S3–13–05, 7500 funds, when disclosure is deemed Security Number), National Provider Security Boulevard, Baltimore, MD reasonably necessary by CMS to Identifier (NPI), or beneficiary Health 21244–1850. prevent, deter, discover, detect, Insurance Claim Number (HICN)) NOTIFICATION PROCEDURE: (which may be the beneficiary’s Social investigate, examine, prosecute, sue Individuals wishing to know if this Security Number). with respect to, defend against, correct, system contains records about them remedy, or otherwise combat fraud, SAFEGUARDS: should write to one of the system waste or abuse in such programs. managers and include the pertinent 5. To assist appropriate Federal Personnel having access to the system have been trained in the Privacy Act personal identifier used for retrieval of agencies and HHS contractors that have their records (i.e., TIN, NPI or a need to know the information for the and information security requirements. Employees who maintain records in this beneficiary Health Insurance Claim purpose of assisting HHS’s efforts to Number). respond to a suspected or confirmed system are instructed not to release data breach of the security or confidentiality until the intended recipient agrees to RECORD ACCESS PROCEDURE: of information maintained in this implement appropriate management, Individuals seeking access to records system of records, provided that the operational and technical safeguards about them in this system should follow information disclosed is relevant and sufficient to protect the confidentiality, the same instructions indicated under necessary for that assistance. integrity and availability of the ‘‘Notification Procedure’’ and information and information systems reasonably specify the record contents ADDITIONAL CIRCUMSTANCES AFFECTING and to prevent unauthorized access. being sought. (These procedures are in DISCLOSURE OF PII ABOUT BENEFICIARIES: Access to records in the ACO accordance with Department regulation To the extent that the beneficiary Database System will be limited to CMS 45 CFR 5b.5 (a)(2).) claims records in this system contain personnel, and any contractors, grantees Protected Health Information (PHI) as and consultants assisting them, through CONTESTING RECORD PROCEDURES: defined by HHS regulation ‘‘Standards password security, encryption, Individuals seeking to contest the for Privacy of Individually Identifiable firewalls, and secured operating system. content of information about them in Health Information’’ (45 CFR parts 160 Future system enhancements may this system should follow the same and 164, subparts A and E), disclosures allow for ACOs, ACO participants or instructions indicated under of such PHI that are otherwise ACO provider/suppliers, and ‘‘Notification Procedure.’’ The request authorized by these routine uses may beneficiaries to be external users of the should reasonably identify the record only be made if, and as, permitted or system, for purposes of viewing and and specify the information being required by the ‘‘Standards for Privacy inputting their records in this system. contested, state the corrective action of Individually Identifiable Health Access controls will ensure that each sought, and provide the reasons for the Information’’ (see 45 CFR 164–512 (a) external user is restricted to viewing correction, with supporting justification. (1)). In addition, HHS policy will be to only the user’s own records, not records (These procedures are in accordance prohibit release even of data not directly pertaining to other users. with Department regulation 45 CFR identifiable with a particular Any electronic or hard copies of ACO 5b.7.) beneficiary, except pursuant to one of program-related records containing PII the routine uses or if required by law, at HHS/CMS, an ACO, and any RECORD SOURCE CATEGORIES: if HHS determines there is a possibility contractor, grantee or consultant Personally identifiable information in that a particular beneficiary can be locations will be kept in secure this database is obtained from the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58011

Medicare Beneficiary Database (MBD) Information Management, Food and FDA’s current regulations provide a (09–70–0536), from the National Claims Drug Administration, 1350 Piccard Dr., limited exception to the requirement in History File (NCH) (09–70–0558), and PI50–400B, Rockville, MD 20850, 301– § 202.1(e)(1), of presenting a true from ACOs that provide the information 796–7651, statement of information in brief as required to perform the statutory [email protected]. summary, for ‘‘reminder functions of beneficiary assignment, SUPPLEMENTARY INFORMATION: advertisements’’ (‘‘reminder ads’’)— implementation of quality and other advertisements that draw attention to reporting requirements, and I. Background the name of the product but do not determination of shared savings. In compliance with 44 U.S.C. 3507, make representations about the FDA has submitted the following product’s indication(s) or dosage EXEMPTIONS CLAIMED FOR THIS SYSTEM: recommendations (§ 202.1(e)(2)(i)). None. proposed collection of information to OMB for review and clearance. (Certain drugs are not permitted to Dated: September 14, 2011. qualify for the reminder advertisement Michelle Snyder, Experimental Study: Effect of exemption.) To meet the terms of this Promotional Offers in Direct-to- Deputy Chief Operating Officer, Centers for exemption, reminders ads must in Medicare & Medicaid Services. Consumer Prescription Drug Print general be limited to the proprietary and Advertisements on Consumer Product [FR Doc. 2011–23959 Filed 9–15–11; 11:15 am] established name of the product and the Perceptions—(OMB Control Number BILLING CODE 4120–03–P established name of each active 0910–New) ingredient in the drug product. Section 502(n) of the Federal Food, Reminder ads may also (optionally) DEPARTMENT OF HEALTH AND Drug, and Cosmetic Act (the FD&C Act) contain information about the product’s HUMAN SERVICES (21 U.S.C. 352(n)) requires quantitative ingredients, dosage form, advertisements for prescription drugs to quantity, price, and manufacturer, as Food and Drug Administration include, among other things, ‘‘such well as other written, printed, or graphic [Docket No. FDA–2010–N–0465] information in brief summary relating to matter containing no representation or side effects, contraindications, and suggestion relating to the product. Agency Information Collection effectiveness as shall be required in Further, reminder ads that are intended Activities; Submission for Office of regulations.’’ Under this authority, FDA to provide consumers with information Management and Budget Review; has issued regulations to require most concerning the price charged for a Comment Request; Experimental prescription drug advertisements to prescription drug product need not meet Study: Effect of Promotional Offers in provide a ‘‘true statement of information the terms of § 202.1(e)(2)(i) in order to Direct-to-Consumer Prescription Drug in brief summary relating to side effects, be exempt from § 202.1(e)(1) if they Print Advertisements on Consumer contraindications, and effectiveness.’’ meet all of the conditions in § 200.200 Product Perceptions (§ 202.1(e) (1) (21 CFR 202.1(e)(1)). To (21 CFR 200.200). That regulation, in satisfy this requirement, an turn, applies to prescription drug AGENCY: Food and Drug Administration, advertisement that makes claims about reminders ads that are intended solely HHS. a prescription drug must also include a to provide consumers with information ACTION: Notice. ‘‘fair balance’’ of information about the concerning the price charged for a benefits and risks of the advertised prescription for a particular drug SUMMARY: The Food and Drug product, in terms of both content and product, and the reminder ad contains Administration (FDA) is announcing presentation (§ 202.1(e)(5)(ii)). In part, no representation or suggestion that a proposed collection of § 202.1(e)(6)(i) states that [a]n concerning the drug product’s safety, information has been submitted to the advertisement for a prescription drug is effectiveness, or indications for use Office of Management and Budget false, lacking in fair balance, or (§ 200.200(a)(1) and (b)). (OMB) for review and clearance under otherwise misleading, or otherwise A topic of ongoing interest for the Paperwork Reduction Act of 1995. violative of section 502(n) of the act, consumer product manufacturers and DATES: Fax written comments on the among other reasons, if it [c]ontains a retailers is the use of consumer-oriented collection of information by October 19, representation or suggestion, not sales promotions such as free trial 2011. approved or permitted for use in the offers, discounts, money-back ADDRESSES: To ensure that comments on labeling, that a drug is better, more guarantees, and rebates. Such the information collection are received, effective, useful in a broader range of promotions are widely used in many OMB recommends that written conditions or patients (as used in product categories, including comments be faxed to the Office of § 202.1 ’’patients’’ means humans and prescription drugs. Information and Regulatory Affairs, in the case of veterinary drugs, other Prior research has demonstrated that OMB, Attn: FDA Desk Officer, Fax: 202– animals) safer, has fewer, or less the type of promotion offered can affect 395–7285, or e-mailed to incidence of, or less serious side effects how consumers respond to the [email protected]. All or contraindications than has been promotion (Refs. 1, 2, and 3). Price 1 comments should be identified with the demonstrated by substantial evidence or incentives may act as cues about OMB control number 0910–New and substantial clinical experience (as product quality. For example, a price title ‘‘Experimental Study: Effect of described in paragraphs (e)(4)(ii)(b) and incentive may not only act as an Promotional Offers in Direct-to- (e)(4)(ii)(c) of § 202.1) whether or not economic incentive to buy the product, Consumer Prescription Drug Print such representations are made by it may also artificially enhance Advertisements on Consumer Product comparison with other drugs or consumers’ perceptions of the product’s Perceptions.’’ Also include the FDA treatments, and whether or not such a quality (Ref. 4). In the case that docket number found in brackets in the representation or suggestion is made heading of this document. 1 In this document, we use the terms ‘‘price directly or through use of published or incentive’’ and ‘‘coupon’’ interchangeably to refer to FOR FURTHER INFORMATION CONTACT: unpublished literature, quotations, or the types of promotional offers to be addressed in Juanmanuel Vilela, Office of other references. our study.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58012 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

consumers can readily test the to which the consumer focuses and benefits, and (3) strongly held performance of some products (termed exclusively on paying low prices. Belief beliefs that may act as potential ‘‘experience’’ goods; Ref. 5), this in the price-quality relationship is moderators. misperception is quickly corrected defined as the degree to which one Design Overview: Study 1: This study through the consumer’s use of the believes a higher price indicates will examine types of promotional offers product. In situations where little superior quality (Ref. 12). A broader (for example, free trial offer; money off information about the product is trait of ‘‘value consciousness’’ has also cost; money back guarantee; buy one, available or when consumers are been used. This trait involves get one free; and no offer) in three types unmotivated to seek further assumptions about the construct of of drug advertisements (prescription information, consumers may use price perceived value and its relationship (a drug full product, over-the-counter as a heuristic cue to ascertain the ratio) with the constructs of perceived (OTC), and prescription drug reminder). quality of a product. Rao (2005; Ref. 6) quality and perceived price. The fictitious test product will treat has referred to the use of price as a cue While price incentive promotions insomnia and will be modeled on an to quality as the ‘‘price-quality have been extensively studied in the actual drug used to treat this condition. heuristic,’’ where heuristics are context of package goods, information Participants will be consumers who conceptualized as mental shortcuts that on their effects in direct-to-consumer have insomnia or who self-identify as minimize cognitive effort to process (DTC) prescription drug ads is limited. having met the diagnostic criteria for One relevant study (Ref. 13) found that information and are used when insomnia. Prescription drug full product a free-trial offer in a DTC ad for a high individuals are unable or unwilling to advertisements contain information cholesterol drug resulted in more engage in more analytical processing of about both benefits and risks, OTC drug favorable perceptions of the product and information (Ref. 7). For example, if advertisements contain benefit the ad (both rated as good/bad, length of warranty is strongly believed information but not risk information, favorable/unfavorable, and pleasant/ to be a good predictor of quality, then and prescription drug reminder unpleasant), and greater intentions to consumers may perceive a product as advertisements do not contain either higher quality when a long warranty is ask about the product. No differences benefit or risk information. present than when one is not present were found in terms of perceived (Ref. 8). Thus, price incentives may product risk. However, the study did Study 1 will be administered in two have the potential to act as an not measure perceptions of product risk modes, online and mall-intercept, in ‘‘inference rule’’ (or heuristic; Refs. 7 and benefit separately, or order to assess the effects of mode on and 9) and, when present, they may comprehension of risk and benefit study results. Table 1 of this document preempt consumers from thinking information. Additionally, no attempt illustrates the design; the specific carefully about the product information was made to control for factors that may promotional offers examined will be contained in the advertisement (i.e., predispose individuals toward coupon determined through pretesting. Offers fully elaborating on the information). use nor was the study conducted with that demonstrate the most effect on This could result in either favorable or the target population (high cholesterol perceptions of product efficacy and risk unfavorable beliefs about the product sufferers). We propose to expand on this will be selected for the main study. (Refs. 10 and 11). If a price incentive initial study by measuring perceived Study 1 is experimental in method: offer acts as a mental heuristic in such product risk and benefit separately, participants will be randomly assigned a way as to result in an unbalanced or measuring risk and benefit to read one ad version. After reading the misleading impression of the product’s comprehension, investigating a variety ad, participants will answer a series of safety or efficacy, however, this would of price incentive offers, recruiting a questions about the drug. We will test raise concerns for FDA. wider range of the target audience from how the offer type affects their recall of Consumers vary in their reactions to malls and online, and by measuring the benefit and risk information, their price incentive promotions, and traits that may predispose individuals to perceptions of the benefits and risks of researchers and economists have be susceptible to coupon influence. the drug, their perceptions of the proposed a number of explanations for The current study will examine what incentive, and their behavioral intention why some consumers are sensitive to effect, if any, the presence of to look for more information about the these tactics. Two such traits are ‘‘price promotional offers in DTC prescription product and try the product. We will consciousness’’ and ‘‘belief in the price- drug ads have on the following: (1) also test how mode of administration quality relationship.’’ Price Consumers’ perceptions of product risks (online versus mall intercept) affects consciousness is defined as the degree and benefits, (2) recall of product risks these variables.

TABLE 1—STUDY 1 DESIGN, MODE 1 (ONLINE, INTERNET PANEL)

Type of advertisement Promotional offer (examples) Efficacy and risk Efficacy only None (prescription full) (OTC) (prescription reminder)

Free trial offer ...... Online Online Online Buy one, get one free ...... Online Online Online Money off cost ...... Online Online Online Money back guarantee ...... Online Online Online Control: No offer ...... Online Online Online

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58013

TABLE 2—STUDY 1 DESIGN, MODE 2 (MALL INTERCEPT)

Type of advertisement Promotional offer (examples) Efficacy and risk Efficacy only None (prescription full) (OTC) (prescription reminder)

Free trial offer ...... Mall Mall Mall Buy one, get one free ...... Mall Mall Mall Money off cost ...... Mall Mall Mall Money back guarantee ...... Mall Mall Mall Control: No offer ...... Mall Mall Mall

Study 2: We propose to replicate the online mode from Study 1 in a second medical condition, high blood pressure.

TABLE 3—STUDY 2 DESIGN (ONLINE, INTERNET PANEL)

Type of advertisement Promotional offer (examples) Efficacy and risk Efficacy only None (prescription full) (OTC) (prescription reminder)

Free trial offer ...... Online Online Online Buy one, get one free ...... Online Online Online Money off cost ...... Online Online Online Money back guarantee ...... Online Online Online Control: No offer ...... Online Online Online

The test product in Study 2 will be for of September 22, 2010 (75 FR 57798) about the product. No differences were the treatment of high blood pressure. Docket No FDA–2010–N–0465). FDA found in terms of perceived product Participants will be consumers who received five comments. In the risk. However, the study did not have been told by a health care following section, we outline the measure perceptions of product risk and professional that they have high blood observations and suggestions raised in benefit separately, or comprehension of pressure. As with Study 1, this study is the comments and provide our risk and benefit information. In experimental in method: participants responses. addition, we note that the findings of will be randomly assigned to read one Two comments wrote in support of other academic studies in this field ad version. After reading the ad, the study. We thank those who point in two different directions; participants will answer a series of commented for their support of this research shows the presence of price questions about the drug. We will test research. incentives can foster beliefs about how the offer type affects perceived (Comment 1) One comment spoke product quality or diminish beliefs efficacy, perceived risk, behavioral against FDA conducting the research, about product quality. Therefore, the intention, and recall of the benefit and saying (in part), ‘‘[T]his survey is so lack of information about the potential risk information. unnecessary and such a waste of tax influence of price incentive offers on dollars * * * [W]e all know already Data will be collected using an risk and benefit comprehension and the how consumers take this information Internet protocol (Studies 1 and 2) and conflicting findings in the current * * * [Y]ou can see from teh (sic) way literature make this is an opportune area mall intercept (Study 1). Consumers the ads are presented what the big who have insomnia or self-identify as in which to conduct an empirical study. money big pharma con men are up to.’’ Two comments included multiple meeting the criteria for insomnia will be (Response) We thank the citizen that points about the study justification and recruited for Study 1 and consumers took the time to comment on this study. design. We thank those who provided who have been told by a health care The purpose of this study is to examine the comments for taking the time to professional that they have high blood the potential impact on perceptions of provide detailed comments on our study pressure will be recruited for Study 2. product safety and efficacy of price and respond to their points in the Because the task presumes basic reading incentives included in the body of a paragraphs that follow. abilities, all selected participants must prescription drug advertisement. We (Comment 2) This comment suggested speak and read English fluently. disagree that the field has definitively that the proposed study is not necessary Participants must be 18 years or older. answered the question of how for the proper performance of FDA’s We will use analysis of variance and consumers will ‘‘take this information.’’ functions because no evidence of a regressions to test hypotheses. As described in the background section serious or widespread problem with Interviews are expected to last no more of the study in Ref. 13 (Bhutada), one price incentives has been identified. than 20 minutes. A total of 5,850 study that examined the impact of a (Response) FDA disagrees with this participants will be involved in the price incentive in a prescription drug assertion. While no ‘‘serious or studies. This will be a one-time (rather print advertisement found that widespread problem’’ has been than annual) collection of information. consumers who saw an ad with a price previously identified, the Agency has In accordance with 5 CFR 1320.8(d), incentive had favorable perceptions of observed increasing use of a variety of FDA published a 60-day notice for the product and the ad, perceptions of price incentive promotional offers in public comment in the Federal Register the product and greater intentions to ask DTC print advertisements for

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58014 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

prescription drugs. The proposed study individual claims or presentations are conclusion about the justification for the is intended to help the Agency better not misleading (Ref. 14). proposed study. understand what effect, if any, these Thus, even if a price incentive As an initial matter, as noted, FDA price incentive promotions have on included in an advertisement is in fact has authority under section 502(n) of consumer perceptions of risk and ‘‘truthful,’’ the net impression of the the FD&C Act to specify by regulation benefit information about the advertised promotional piece as a whole can be how to present the brief summary of risk prescription drugs. Improving FDA’s unbalanced or misleading, which may and benefit information required in understanding of these effects will assist in turn violate existing regulations. FDA prescription drug advertisements. This the Agency in proactively meeting its proposes this study to help determine authority, together with FDA’s authority responsibility to implement the FD&C whether or not including a price to conduct research relating to drugs (21 Act. As already noted, both the FD&C incentive in a DTC print advertisement U.S.C. 393(d)(2)(c)), amply supports the Act and existing regulations issued to for a prescription drug can result in an proposed study. FDA need not establish implement it are concerned with unbalanced or otherwise misleading net that it would bring enforcement actions ensuring that prescription drug impression of the drug product. under § 202.1(e)(6)(i) or any other advertisements, including DTC print (Comment 4) This comment stated specific provisions of the present ads, provide appropriate risk and that the study may provide interesting regulations in order to justify benefit information and are not information about the effect of price conducting a study that is intended to otherwise misleading. (See, e.g., 21 incentives on consumer attitudes provide a better empirical U.S.C. 352(n) and 321(n); 202.1(e);) The toward a brand and useful information understanding of the impact, if any, on study will provide information to help on optimal advertising practices, but it risk and benefit information the Agency assess how these mandates cannot provide information relevant to communication where price incentives can be met where price incentives are the statutory and regulatory are included in DTC print employed, and is therefore ‘‘necessary requirements applicable to DTC advertisements for prescription drugs. for the proper performance of FDA’s advertising. The results of this study will help to (Response) FDA disagrees that the functions * * *’’ (44 U.S.C. 3508). inform FDA’s review of, and regulatory study cannot provide information (Comment 3) This comment suggested policies for, prescription drug relevant to the statutory and regulatory advertising subject to section 502(n) of that the inclusion of a truthful price requirements applicable to DTC incentive in an otherwise compliant the FD&C Act. advertising. As noted previously, this Turning specifically to § 202.1(e)(6), DTC advertisement cannot render the study will examine issues that are well we disagree with the comment’s advertisement false, misleading or within FDA’s regulatory authority— construction of that regulation. As lacking fair balance under the FD&C Act whether the inclusion of price indicated in the prefatory text of regardless of the psychological theories incentives in prescription drug ads § 202.1(e)(6), the specifics that follow implicated. The comment further impacts a consumer’s understanding of are ‘‘among other reasons’’ that an asserted that the inclusion of a truthful the risk and benefit information of the advertisement for a prescription drug is price incentive into an otherwise drug. In particular, we are interested to false, lacking in fair balance, or compliant DTC ad cannot serve as the learn whether the inclusion of price otherwise misleading, indicating that basis for FDA to initiate regulatory incentives can interfere with the fair these are examples and not an exclusive action against the ad under the FD&C balance of information and cause a list as the comment assumes. In the Act. misleading net impression. Knowing same vein, § 202.1(e)(6)(i) states that an (Response) FDA believes that if the whether or not misleading impressions advertisement may not contain: A inclusion of a ‘‘truthful’’ price incentive result is a prerequisite to considering representation or suggestion, not in promotional material results in an how any such misleading effects should approved or permitted for use in the unbalanced net impression of the drug be addressed. labeling, that a drug is better, more product, that this would create a (Comment 5) One comment contends effective, useful in a broader range of misleading impression of risk and that the citation to § 202.1(e)(6)(i) conditions or patients (as used in benefit. As explained in FDA’s draft included in the 60-day notice (75 FR § 202.1 ‘‘patients’’ means humans and guidance for industry entitled 57798) is inaccurately truncated, and in the case of veterinary drugs, other ‘‘Presenting Risk Information in further asserts that the only indirect animals) safer, has fewer, or less Prescription Drug and Medical Device claims and representations subject to incidence of, or less serious side effects Promotion,’’ it is important to this regulation are those made through or contraindications than has been emphasize that when FDA evaluates the use of literature, quotations, or other demonstrated by substantial evidence or risk communication in a promotional references. The comment argues that substantial clinical experience (as piece, FDA looks not just at specific because price incentives do not involve described in paragraphs (e)(4)(ii)(b) and risk-related statements, but at the net the use of published or unpublished (e)(4)(ii)(c) of § 202.1) whether or not impression—i.e., the message literature, quotations or other such representations are made by communicated by all elements of the references, this provision does not comparison with other drugs or piece as a whole. The purpose of the provide a legal basis for the proposed treatments, and whether or not such a evaluation is to determine whether the study or for the Agency to regulate the representation or suggestion is made piece as a whole conveys an accurate heuristic effects (if any) of price directly or through use of published or and non-misleading impression of the incentives. unpublished literature, quotations, or benefits and risks of the promoted (Response) In response to the other references. product. Manufacturers should therefore comment’s concern that FDA This phrasing prohibits ‘‘a focus not just on individual claims or inaccurately truncated the regulation, representation or suggestion, not presentations, but on the promotional and to avoid misunderstanding, FDA approved or permitted for use in the piece as a whole. A promotional has included a longer excerpt of labeling’’ even if the representation or communication that conveys a § 202.1(e)(6) in this notice than was suggestion is not made via the means deceptive net impression of the product included in the prior notice. However, given as examples in the regulation. could be misleading, even if specific FDA disagrees with the comment’s Thus, FDA has consistently, and

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58015

appropriately, examined both direct and measuring traits that may predispose (Comment 11) One comment said that indirect representations and suggestions individuals to be susceptible to FDA has not established standards by when examining the net impression influence in their perceptions of risk or which to judge the results of the study. presented in a prescription drug benefit by a price incentive. This comment asserted that even if advertisement. (Comment 9) One comment asserts consumers have a more positive view of (Comment 6) One comment asserts that heuristic effects are not claims, the safety or effectiveness of a product that the citation to § 202.1(e)(6)(xviii) is either expressed or implied, and since with a price incentive compared to one inappropriate because this regulation reminder ads do not include any safety that does not, this does not concerns only the presentation of or effectiveness information, there is no automatically deem the ad false, lacking heading and subheadings and FDA is basis even to argue that they may in fair balance, or otherwise misleading. studying the mere fact that a price preempt consumers from thinking (Response) To judge the results of our incentive has been made, not the way in carefully about the product information study, we take our cue from the related which headline, subheadline, or contained in the reminder ad. field of research conducted on pictorial or other graphic matter are (Response) It is an empirical question potentially misleading claims and used to communicate that price whether price incentives operate as a employed frequently by the Federal incentive. heuristic cue and further, whether those Trade Commission in their (Response) FDA does not need to rely cues impact perceptions of product investigations of advertising claims (Ref. on § 202.1(e)(6)(xviii) to justify the characteristics (in this case, the 17). In this research, an ad with the proposed study therefore we have product’s efficacy and risk). As the content at issue removed serves as an removed the reference to this regulation. literature on heuristic judgment appropriate experimental control. Based (Comment 7) One comment contends demonstrates, individuals are frequently on this precedent, an ad without a price that the scientific research identified faced with situations in which they are incentive is an appropriate control in does not provide justification for required to make judgments using this study. conducting the study nor does it (Comment 12) One comment stated incomplete information and are able to provide support for the proposition that that unless FDA can establish that do so (Refs. 15 and 16). Therefore, it is promotional offers have the capacity to differences in perceptions of safety or reasonable to test whether an incentive act as a cue or a heuristic with respect efficacy are not due to differences in can influence this judgment in the to prescription drugs. price and/or the size of the price context of both a full-product and a (Response) We acknowledge that incentive, any restrictions or reminder DTC prescription drug there is little research on the impact of requirements on price incentives will advertisement. price incentive offers in prescription require FDA to regulate prescription drug advertising. The paucity of existing (Comment 10) One comment asserts drug pricing. research is a primary motivation for the that the regulation explicitly permits (Response) As previously proposed research. The question of companies to include information about acknowledged, the FD&C Act does not whether or not a price incentive offer price within reminder ads. The provide FDA with authority to regulate can affect perceptions of and recall of comment argues that because price prescription drug pricing and that is not prescription drug efficacy and risk is an incentives pertain to price, this the purpose or intended outcome of this empirical one and will be tested in the regulation provides no legal basis for the study. The purpose of the currently proposed study. proposed study or for the Agency to proposed study is to investigate how (Comment 8) One comment directly regulate price incentives contained in different purchase incentives, including questioned the need to conduct this reminder ads. ones that may affect the actual price of study in light of the results found by (Response) FDA acknowledges that the product, may operate in the context Bhutada et al. (Ref. 13; 2009). current regulations permit reminder ads of a DTC ad. If we find that some types Specifically, the comment asserts that to include price information under or all types of offers do influence the study found no effect of a price defined conditions, while remaining viewers’ comprehension and incentive on consumer comprehension exempt from the requirement for a ‘‘true perceptions of safety or effectiveness, of risks or benefits of the prescription statement of information in brief then, as suggested by this comment, the drug. summary.’’ FDA does not intend to use next logical step may be to conduct (Response) As noted previously, the the results of this study to regulate drug further study to disentangle the effects Bhutada et al. study did not measure prices. In this study, FDA is only of the presence of the offer itself and the perceptions of product risk and benefit seeking to assess the effects, if any, of magnitude of the price incentives. In separately. Perceptions of product risk the presence of various offers in DTC one research study we do not have the and benefit were measured on a scale advertisements on consumers’ ability to examine all variables of with risk at one end and benefits at the perceptions of product risks and interest, however, and we believe the other, so it was not possible to assess benefits. As stated previously, we will variables we have chosen for the the effects of the price incentive on risks use ‘‘reminder ads’’ in this study to proposed study are reasonable. and benefits separately. Further, understand the effect of offers on (Comment 13) One comment asserted comprehension of risk and benefit consumer perceptions of safety and that by equating cues and inference information was not measured at all, so efficacy. Reminder ads present a useful rules with product claims, FDA risks it is impossible to determine from this tool in determining this effect as broad imposing restrictions on DTC study if there was an effect on safety and efficacy information is not advertising based on potential deception comprehension. The current proposed otherwise provided in such rather than actual deception, which the study will extend this initial study by advertisements. Results of this comment argues is fraught with risk measuring perceived product risk and preliminary study will help FDA in its under the First Amendment. This benefit separately, measuring risk and assessment of drug ads and in broader comment cites the following from benefit comprehension, investigating a assessment of its regulatory policy for Washington Legal Foundation v. variety of promotional offers, recruiting effectuating section 502(n) of the FD&C Henney (56 F. Supp. 2d 81, 85 (D.D.C. a wider range of the target audience Act and other legal authorities 1999)), ‘‘FDA may not restrict speech from malls and online, and by governing drug promotion. based on its perception that the speech

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58016 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

could, may, or might mislead.’’ The (Response) As stated previously, related to safety or effectiveness info, comment urges FDA to carefully individuals are frequently faced with such as ‘‘consult with a physician to consider First Amendment issues before situations in which they are required discuss whether this drug is right for proceeding with the study. and able to make judgments using you.’’ (Response) We have carefully incomplete information. As detailed (Response) We appreciate the considered First Amendment issues in previously, the inclusion of a comment about widening the scope of designing this study. The Washington prescription reminder ad and an OTC ad the disclosures to be studied. Based Legal Foundation v. Henney case cited provides experimental control. We will upon the suggestion of our peer by the comment notes that ‘‘the compare perceptions of the product reviewers, we have changed the focus of government must demonstrate that the attributes among participants who see: the second study to examine a second restricted speech, by nature, is more (1) Full risk and efficacy information medical condition and will not be likely to mislead than to inform’’ (Id. at (full ad), (2) only efficacy information investigating disclosures as part of this 85). It is the goal of the proposed study (OTC ad), and (3) neither risk nor initial study. We encourage other to investigate whether a price incentive efficacy information (prescription interested entities to engage in research may or may not be ‘‘more likely to reminder ad). The question of whether on disclosures. mislead than to inform.’’] Our an incentive can influence this (Comment 19) One comment participants will view a fictitious but judgment in the context of a DTC requested that the study population be realistic DTC print ad and answer prescription drug advertisement is the limited to individuals who have been questions about that ad. From their empirical question we are addressing in diagnosed with the medical condition of answers we will be able to determine the proposed study. interest and exclude those merely ‘at their responses to the information in the (Comment 16) Two comments risk’ of developing the condition ad. Thus, we will measure whether the requested FDA provide more because those who do not have the ad is actually misleading and not information on the study population medical condition may be much less potentially misleading. The and study design including the primary attentive to the information in the ad experimental control afforded by research questions, stimuli, endpoints, and thus skew the study results. In participants’ random assignment to and action standards. another paragraph, the same comment different experimental conditions (Response) The proposed questioned the need to conduct the ensures that we will be able to pinpoint questionnaire has been and continues to proposed study in the target population the source of any differences in be available upon request. We refer to since doing so would not yield different responses to ad variations by comparing pages 57800 and 57801 of the 60-day results from Bhutada et al. (2009) who responses of participants who see the notice (75 FR 57798) where the study did not use diagnosed individuals. variables of interest (in this case, the design was described. We have (Response) As these two suggestions offer) versus those who do not. described the primary research are contradictory, we offer our reasoning (Comment 14) One comment stated questions in more detail in this 30-day behind selecting participants in Study 1 that the proposed study appears to be notice. Specific hypotheses and the who are either diagnosed or fit the designed more to assess the effect of analysis plan are included in this criteria for diagnosis of insomnia coupons on brand attitudes and document. (formerly referred to as ‘‘at risk’’). One consumer impressions and does not (Comment 17) One comment purpose of a purchase incentive is to appear to be tailored to assess the effect requested that FDA specify the types of encourage new users to try a product of price incentives on statutory and advertisements to be used in the study (Ref. 18). Similarly, the first of the regulatory requirements. In other words, (i.e., spread, gatefold, 1⁄3 page ad). Pharmaceutical Research and the comment argues that FDA has no Another comment requested that FDA Manufacturers of America’s (PhRMA) regulatory authority to manage or engage the services of an advertising guiding principles on direct to regulate consumer attitudes or agency that specializes in the consumer advertising (Ref. 19) states impressions toward a brand. development of DTC print that ‘‘* * * DTC advertising of (Response) As noted previously, the advertisements. Further, the comment prescription medicines can benefit the study is designed to determine whether asserted that the location of the public health by * * * motivating price incentive offers embedded in promotional offer may have an impact patients to contact their physicians and prescription drug ads can result in a on consumer perceptions of product engage in a dialogue about health misleading net impression of risk and risks and benefits and requested FDA concerns * * *’’ Inclusion of an benefit, which may in turn violate define the location of the offer and incentive might encourage a consumer existing regulations under the FD&C clarify if it will be varied in the test ads. who recognizes the symptoms described Act. We will measure the effect of the (Response) The full product DTC ad in the advertisement to discuss the offer on consumer’s understanding of will be two pages, including a brief condition with a doctor or other health the product’s efficacy and safety and the summary. The OTC ad and reminder ad care professional. Thus, we conclude net impression of the product created by will each be one page. We have that both diagnosed patients and those a promotional piece in regards to that contracted with an organization that individuals who self-report meeting the piece alone, which will inform our produces realistic ads and stimuli to diagnostic criteria for the advertised review of DTC prescription drug ensure that we will show respondents medical condition but have not yet been advertising generally. FDA does not realistic materials. The location of the diagnosed are a valid sample for Study intend to regulate or manage consumer promotional offer will be standardized 1. We are limiting our Study 2 sample attitudes or impressions towards a as much as possible across all test to individuals who have been diagnosed particular brand. conditions and will be incorporated in with high blood pressure by a health (Comment 15) One comment such a way as to not obscure the care professional. questioned the utility of including the description of either the risks or benefits (Comment 20) One comment reminder and OTC test arms in the in the full product ad. requested that demographic information study as these advertisements do not (Comment 18) One comment such as age, education, income, include both safety and effectiveness requested FDA identify and study more ethnicity, race, a baseline assessment of information. general disclosures that are not directly health literacy, and whether the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58017

consumer is currently being treated with assess how consumer perceptions of their health care provider, consumers a prescription drug for the condition product risks and benefits are translated presumably are engaging in some sort of being studied be included in the into a discussion with their health care judgment about the product being information collection. provider. One comment stated that promoted. Therefore, clear (Response) Demographic and health because these products can only be communication of risks and benefits is literacy information will be collected. purchased after a discussion with a needed for consumers before a (Comment 21) One comment health care provider, the study be consultation with a physician, and it is requested that FDA use prudence when redesigned so that consumer valid to measure these impressions. broadly interpreting the results from perceptions are measured after a (Comment 23) One commenter this study and developing subsequent discussion with a health care provider. guidance based on these study results, requested that FDA provide clarity on and requested that the results of the (Response) We concur that this study the timing of this study vis-a-vis other study not be applied beyond print ads does not address behaviors, such as how FDA DTC studies and make available or, alternatively, to expand the study to ad perceptions are translated into a the results of previous DTC studies on include Internet promotion. discussion with a health care provider. the Division of Drug Marketing (Response) At this time we cannot As noted previously, one purpose of Advertising and Communications expand the study to encompass Internet DTC advertising is to motivate (DDMAC) Research Web page. consumers to engage in a discussion promotion. We concur that there are (Response) The timing of this study is with their health care provider about media-specific factors that influence not dependent on other research health concerns. Another purpose, information processing between static currently underway. We have taken supported by research findings (Refs. 20 (e.g., print) and dynamic (e.g., video) steps to publish reports from our platforms, and will note that our study and 21), is to increase awareness of available treatments. DTC advertising previous research on the DDMAC Web was conducted with print ads in our page (see http://www.fda.gov/ interpretation of the results. However, does not exist solely in the confines of AboutFDA/CentersOffices/CDER/ we contend that the cognitive processes a doctor’s office; rather, DTC advertising ucm090276.htm). When the current used in understanding and interpreting targets consumers outside of a doctor’s project is concluded, we will report on incentive information are likely to apply office, with the goal of prompting across promotional platforms. consumers to ask their physicians about the study. (Comment 22) Two comments the product. In deciding whether or not FDA estimates the burden of this mentioned that the study does not to discuss a particular product with collection of information as follows:

TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Activity Number of responses per Total annual Average burden Total hours respondents respondent responses per response

Screener ...... 8,500 1 8,500 .03 (2 minutes) 283 Pretests ...... 1,000 1 1,000 .33 (20 minutes) 333 Study 1: Online ...... 1,950 1 1,950 .33 (20 minutes) 650 Study 1: Mall intercept ...... 1,950 1 1,950 .33 (20 minutes) 650 Study 2 ...... 1,950 1 1,950 .33 (20 minutes) 650

Total ...... 15,350 ...... 2,566 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

II. References 3. Mico, C.C. and T.G. Chowdhury. ‘‘The Invalid Inferences,’’ Journal of Consumer Effect of Message’s Regulatory Focus and Research, vol. 26, p. 307, 2000. The following references have been Product Type on Persuasion,’’ Journal of 9. Luce, M.F. and J.W. Payne, ‘‘Constructive placed on display in the Division of Marketing Theory and Practice, vol. 18, Consumer Choice Processes,’’ Journal of Dockets Management (HFA–305), Food pp. 181–190, 2010. Consumer Research, vol. 25, pp. 187– and Drug Administration, 5630 Fishers 4. LeClerc, F. and J.D.C. Little, ‘‘Can 217, 1998. Advertising Copy Make FSI Coupons 10. Alba, J.W. and H. Marmorstein, ‘‘The Lane, rm. 1061, Rockville, MD 20852, More Effective?’’ Journal of Marketing Effects of Frequency Knowledge on and may be seen by interested persons Research, vol. 34, pp. 473–484, 1997. Consumer Decision Making,’’ Journal of between 9 a.m. 4 p.m., Monday through 5. Wolk, A. and C. Ebling, ‘‘Multi-Channel Consumer Research, vol. 14, pp. 14–25, Friday. (FDA has verified the Web site Price Differentiation: An Empirical 1987. addresses, but we are not responsible for Investigation of Existence and Causes,’’ 11. Inman, J.J., L. McAlister, and W.D. Hoyer, any subsequent changes to the Web sites International Journal of Research in ‘‘Promotion Signal: Proxy for a Price after this document publishes in the Marketing, vol. 27, pp. 142–150, 2010. Cut?’’ Journal of Consumer Research, Federal Register.) 6. Rao, A. R., ‘‘The Quality of Price as a vol. 17, pp. 74–81, 1990. Quality Cue,’’ Journal of Marketing 12. Garretson, J.A. and S. Burton, ‘‘Highly 1. deGroot, I.M., G. Antonides, and D. Read, Research, vol. 42, pp. 401–405, 2005. Coupon and Sale Prone Consumers: et al., ‘‘The Effects of Direct Experience 7. Chaiken, S., A. Liberman, and A.H. Eagly, Benefits Beyond Price Savings,’’ Journal on Consumer Product Evaluation,’’ ‘‘Heuristic and Systematic Information of Advertising Research, vol. 43, pp. Journal of Socio-Economics, vol. 38, pp. Processing Within and Beyond the 162–172, 2003. 509–519, 2009. Persuasion Context,’’ J.S. Uleman and 13. Bhutada, N.S., C.L. Cook and M. Perri, 2. DelVecchio, D., D.H. Henard, and T.H. J.A. Bargh (Eds.), Unintended Thought, ‘‘Consumer Responses to Coupons in Freling. ‘‘The Effect of Sales Promotion pp. 212–252, New York: Guilford Press, Direct-to-Consumer Advertising of on Post-Promotion Brand Preference: A 1989. Prescription Drugs,’’ Health Marketing Meta-Analysis,’’ Journal of Retailing, vol. 8. Johar, G.V. and C.J. Simmons, ‘‘The Use of Quarterly, vol. 26, pp. 333–346, 2009. 82, pp. 203–213, 2006. Concurrent Disclosures to Correct 14. ‘‘Guidance for Industry: Presenting Risk

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58018 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Information in Prescription Drug and SUMMARY: The Food and Drug issues related to the analysis and Medical Device Promotion,’’ 2009, Administration (FDA) is announcing the interpretation of consumer studies available at http://www.fda.gov/ availability of a draft guidance for conducted to support the marketing of downloads/Drugs/Guidance industry entitled ‘‘Self-Selection Studies ComplianceRegulatoryInformation/ nonprescription drug products. Guidances/UCM155480.pdf, last for Nonprescription Drug Products.’’ This draft guidance is being issued The draft guidance is intended to accessed May 26, 2011. consistent with FDA’s good guidance provide recommendations to industry 15. Kivetz, R. and I. Simonson, ‘‘The Effects practices regulation (21 CFR 10.115). of Incomplete Information on Consumer on the design of self-selection studies Choice,’’ Journal of Marketing Research, for nonprescription drug products. Self- The draft guidance, when finalized, will vol. 37, pp. 427–448, 2000. selection studies are conducted to represent the Agency’s current thinking 16. Kardes, F.R., S.S. Posavac and M.L. ensure that consumers are able to make on self-selection studies for Cronley, ‘‘Consumer Inference: A Review the correct decision to use, or not use, nonprescription drug products. It does of Processes, Bases, and Judgment a nonprescription drug product based not create or confer any rights for or on Contexts,’’ Journal of Consumer any person and does not operate to bind Psychology, vol. 14, pp. 230–256, 2004. on their personal medical situation. 17. Murphy, D., T.H. Hoppock, and M.K. DATES: Although you can comment on FDA or the public. An alternative Rusk, ‘‘Generic Copy Test of Food any guidance at any time (see 21 CFR approach may be used if such approach Claims in Advertising. Joint Staff Report 10.115(g)(5)), to ensure that the Agency satisfies the requirements of the of the Bureaus of Economics and considers your comment on this draft applicable statutes and regulations. Consumer Protection, Federal Trade guidance before it begins work on the Commission,’’ 1998, available at http:// II. The Paperwork Reduction Act of www.ftc.gov/os/1998/11/netfood.pdf, last final version of the guidance, submit 1995 accessed January 14, 2011. either electronic or written comments 18. RxMarketMetrics Series, ‘‘Savings Offers: on the draft guidance by November 18, This guidance refers to previously Effectively Reaching the Right 2011. approved collections of information that Audience?’’ DTC Perspectives, vol. 10, ADDRESSES: Submit written requests for are subject to review by the Office of pp. 14–16, 2011. single copies of the draft guidance to the Management and Budget (OMB) under 19. PhRMA Guiding Principles: Direct to Division of Drug Information, Center for Consumer Advertising About the Paperwork Reduction Act of 1995 Prescription Medicines (2005), available Drug Evaluation and Research, Food (44 U.S.C. 3501–3520). The collections at http://www.phrma.org/sites/default/ and Drug Administration, 10903 New of information in 21 CFR parts 312 and files/631/phrmaguiding Hampshire Ave., Bldg. 51, Rm. 2201, 314 have been approved under OMB principlesdec08final.pdf, last accessed Silver Spring, MD 20993–0002. Send control numbers 0910–0014 and 0910– January 5, 2011. one self-addressed adhesive label to 0001, respectively. 20. Aikin, K.J., J.S.,Swasy, and A.C. Braman, assist that office in processing your ‘‘Patient and Physician Attitudes and requests. See the SUPPLEMENTARY III. Comments Behaviors Associated With Direct-to- INFORMATION section for electronic Consumer Promotion of Prescription access to the draft guidance document. Interested persons may submit to the Drugs: Summary of FDA Survey Submit electronic comments on the Division of Dockets Management (see Research Results, Final Report,’’ 2004, ADDRESSES) either electronic or written available at http://www.fda.gov/ draft guidance to http:// downloads/Drugs/ScienceResearch/ www.regulations.gov. Submit written comments regarding this document. It is ResearchAreas/ comments to the Division of Dockets only necessary to send one set of DrugMarketingAdvertisingand Management (HFA–305), Food and Drug comments. It is no longer necessary to CommunicationsResearch/ Administration, 5630 Fishers Lane, rm. send two copies of mailed comments. UCM152860.pdf (last accessed May 26, 1061, Rockville, MD 20852. Identify comments with the docket 2011). FOR FURTHER INFORMATION CONTACT: number found in brackets in the 21. ‘‘13th Annual Survey of Consumer Lesley-Anne Furlong, Center for Drug heading of this document. Received Reactions to DTC Advertising of Prescription Medicines,’’ Prevention Evaluation and Research, Food and comments may be seen in the Division Magazine, Emmaus, PA: Rodale, Inc, Drug Administration, 10903 New of Dockets Management between 9 a.m. 2010. Hampshire Ave., Bldg. 22, Rm. 5420, and 4 p.m., Monday through Friday. Silver Spring, MD 20993–0002, 301– Dated: September 12, 2011. 796–2080. IV. Electronic Access Leslie Kux, SUPPLEMENTARY INFORMATION: Acting Assistant Commissioner for Policy. Persons with access to the Internet [FR Doc. 2011–23926 Filed 9–16–11; 8:45 am] I. Background may obtain the document at either http://www.fda.gov/Drugs/Guidance BILLING CODE 4160–01–P FDA is announcing the availability of a draft guidance for industry entitled ComplianceRegulatoryInformation/ ‘‘Self-Selection Studies for Guidances/default.htm or http:// DEPARTMENT OF HEALTH AND Nonprescription Drug Products.’’ This www.regulations.gov. HUMAN SERVICES draft guidance is intended to provide Dated: September 13, 2011. recommendations to industry involved Leslie Kux, Food and Drug Administration in the development of self-selection Acting Assistant Commission for Policy. [Docket No. FDA–2011–D–0620] studies for nonprescription drug products. The draft guidance discusses [FR Doc. 2011–23927 Filed 9–16–11; 8:45 am] Draft Guidance for Industry on Self- general concepts to be considered in the BILLING CODE 4160–01–P Selection Studies for Nonprescription design and conduct of a self-selection Drug Products; Availability study. The draft guidance also AGENCY: Food and Drug Administration, incorporates advice obtained from the HHS. Nonprescription Drugs Advisory Committee at a meeting held on ACTION: Notice. September 25, 2006, which considered

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00072 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58019

DEPARTMENT OF HEALTH AND use, potential health effects, and accommodate persons with physical HUMAN SERVICES marketing. disabilities or special needs. If you FDA intends to make background require special accommodations due to Food and Drug Administration material available to the public no later a disability, please contact Caryn Cohen than 2 business days before the meeting. at least 7 days in advance of the [Docket No. FDA–2011–N–0002] If FDA is unable to post the background meeting. material on its Web site prior to the FDA is committed to the orderly Tobacco Products Scientific Advisory meeting, the background material will conduct of its advisory committee Committee; Notice of Meeting be made publicly available at the meetings. Please visit our Web site at location of the advisory committee AGENCY: Food and Drug Administration, http://www.fda.gov/ HHS. meeting, and the background material AdvisoryCommittees/ will be posted on FDA’s Web site after AboutAdvisoryCommittees/ ACTION: Notice. the meeting. Background material is ucm111462.htm for procedures on This notice announces a forthcoming available at http://www.fda.gov/ public conduct during advisory meeting of a public advisory committee AdvisoryCommittees/Calendar/ committee meetings. of the Food and Drug Administration default.htm. Scroll down to the Notice of this meeting is given under (FDA). At least one portion of the appropriate advisory committee link. the Federal Advisory Committee Act (5 Procedure: On November 2, 2011, meeting will be closed to the public. U.S.C. app. 2). from 1 p.m. to 5 p.m., and on November Name of Committee: Tobacco Dated: September 13, 2011. 3, from 8 a.m. to 5 p.m., the meeting is Products Scientific Advisory Committee open to the public. Interested persons Jill Hartzler Warner, (TPSAC). may present data, information, or views, Acting Associate Commissioner for Special General Function of the Committee: orally or in writing, on issues pending Medical Programs. To provide advice and before the committee. Written [FR Doc. 2011–23868 Filed 9–16–11; 8:45 am] recommendations to the Agency on submissions may be made to the contact BILLING CODE 4160–01–P FDA’s regulatory issues. person on or before October 19, 2011. Date and Time: The meeting will be Oral presentations from the public will held on November 2, 2011, from 9 a.m. be scheduled between approximately 11 DEPARTMENT OF HEALTH AND to 5 p.m., and on November 3, 2011, a.m. and 12 noon on November 3, 2011. HUMAN SERVICES from 8 a.m. to 5 p.m. Those individuals interested in making Food and Drug Administration Location: Center for Tobacco formal oral presentations should notify Products, Food and Drug the contact person and submit a brief [Docket No. FDA–2011–N–0002] Administration, 9200 Corporate Blvd. statement of the general nature of the rm. 020B, Rockville, MD 20850, 1–877– evidence or arguments they wish to Circulatory System Devices Panel of 287–1373. present, the names and addresses of the Medical Devices Advisory Contact Person: Caryn Cohen, Center proposed participants, and an Committee; Notice of Meeting for Tobacco Products, Food and Drug indication of the approximate time Administration, 9200 Corporate Blvd., AGENCY: Food and Drug Administration, requested to make their presentation on HHS. Rockville, MD 20850, 1–877–287–1373 or before October 11, 2011. Time ACTION: Notice. (choose option 4), e-mail: allotted for each presentation may be [email protected], or FDA Advisory limited. If the number of registrants This notice announces a forthcoming Committee Information Line, 1–800– requesting to speak is greater than can meeting of a public advisory committee 741–8138 (301–443–0572 in the be reasonably accommodated during the of the Food and Drug Administration Washington, DC area), and follow the scheduled open public hearing session, (FDA). The meeting will be open to the prompts to the desired center or product FDA may conduct a lottery to determine public. area. Please call the Information Line for the speakers for the scheduled open Name of Committee: Circulatory up-to-date information on this meeting. public hearing session. The contact System Devices Panel of the Medical A notice in the Federal Register about person will notify interested persons Devices Advisory Committee. last minute modifications that impact a regarding their request to speak by General Function of the Committee: previously announced advisory October 12, 2011. To provide advice and committee meeting cannot always be Closed Committee Deliberations: On recommendations to the Agency on published quickly enough to provide November 2, 2011, from 9 a.m. to 12 FDA’s regulatory issues. timely notice. Therefore, you should noon, the meeting will be closed to Date and Time: The meeting will be always check the Agency’s Web site and permit discussion and review of trade held on October 26 and 27, 2011, from call the appropriate advisory committee secret and/or confidential commercial 8 a.m. to 6 p.m. hot line/phone line to learn about information (5 U.S.C. 552b(c)(4)). This Location: Hilton Washington, DC, possible modifications before coming to portion of the meeting must be closed North/Gaithersburg, salons A, B, C, and the meeting. because the committee will be D, 620 Perry Pkwy., Gaithersburg, MD. Agenda: The committee will continue discussing trade secret and/or Contact Person: James Swink, Center the discussions of issues related to the confidential data provided by the for Devices and Radiological Health, nature and impact of the use of tobacco companies regarding Food and Drug Administration, 10903 dissolvable tobacco products on the dissolvable tobacco products. New Hampshire Ave., Silver Spring, MD public health, including such use Persons attending FDA’s advisory 20993, e-mail: among children, as part of TPSAC’s committee meetings are advised that the [email protected], or FDA required report to the Secretary of Agency is not responsible for providing Advisory Committee Information Line, Health and Human Services. Discussion access to electrical outlets. 1–800–741–8138 (301–443–0572 in the will include such topics as the FDA welcomes the attendance of the Washington, DC area), and follow the composition and characteristics of public at its advisory committee prompts to the desired center or product dissolvable tobacco products, product meetings and will make every effort to area. Please call the Information Line for

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58020 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

up-to-date information on this meeting. bidirectional steering within a single ucm111462.htm for procedures on A notice in the Federal Register about plane. public conduct during advisory last minute modifications that impact a • The GENius Multi-Channel RF committee meetings. previously announced advisory Ablation Generator. Notice of this meeting is given under committee meeting cannot always be FDA intends to make background the Federal Advisory Committee Act (5 published quickly enough to provide material available to the public no later U.S.C. app. 2). than 2 business days before the meeting. timely notice. Therefore, you should Dated: September 13, 2011. always check the Agency’s Web site and If FDA is unable to post the background Jill Hartzler Warner, call the appropriate advisory committee material on its Web site prior to the hot line/phone line to learn about meeting, the background material will Acting Associate Commissioner for Special Medical Programs. possible modifications before coming to be made publicly available at the the meeting. location of the advisory committee [FR Doc. 2011–23875 Filed 9–16–11; 8:45 am] Agenda: On October 26, 2011, the meeting, and the background material BILLING CODE 4160–01–P committee will discuss, make will be posted on FDA’s Web site after recommendations, and vote on the meeting. Background material is information related to the premarket available at http://www.fda.gov/ DEPARTMENT OF HEALTH AND approval application sponsored by AdvisoryCommittees/Calendar/ HUMAN SERVICES default.htm. Scroll down to the AtriCure, Inc., for the AtriCure Synergy Food and Drug Administration Ablation System to be used for the appropriate advisory committee link. treatment of atrial fibrillation in patients Procedure: Interested persons may [Docket No. FDA–2008–N–0352] who are undergoing open concomitant present data, information, or views, cardiac surgery. The AtriCure Synergy orally or in writing, on issues pending Prescription Drug User Fee Act IV Ablation System consists of the before the committee. Written Information Technology Plan submissions may be made to the contact following: AGENCY: Food and Drug Administration, • person on or before October 19, 2011. The AtriCure Isolator Synergy HHS. Handpieces (models OLL2 and OSL2), Oral presentations from the public will which resemble surgical clamps, be scheduled between approximately 1 ACTION: Notice. p.m. and 2 p.m. on October 26 and 27. include a syringe-type grip handle/ SUMMARY: The Food and Drug Those individuals interested in making actuator, connected by a cylindrical Administration (FDA) is announcing the formal oral presentations should notify shaft to a pair of grasping jaws with availability of an updated information the contact person and submit a brief electrodes on each jaw. The electrodes technology (IT) plan entitled ‘‘PDUFA statement of the general nature of the deliver radiofrequency (RF) energy to IV Information Technology Plan’’ evidence or arguments they wish to the tissue grasped by the jaws. (updated plan) to achieve the objectives • present, the names and addresses of The Ablation and Sensing Unit is defined in the Prescription Drug User an RF generator used to power the proposed participants, and an indication of the approximate time Fee Act (PDUFA) Performance Goals. Isolator Synergy Handpieces. This plan is intended to provide • The Isolator Switch Matrix is an requested to make their presentation on regulated industry and other accessory interface module allowing the or before October 11, 2011. Time stakeholders with information on FDA’s Isolator Synergy Handpieces to connect allotted for each presentation may be vision and plan for improving the to the RF generator. limited. If the number of registrants On October 27, 2011, the committee requesting to speak is greater than can automation of business processes and will discuss, make recommendations, be reasonably accommodated during the maintaining information systems that and vote on information related to the scheduled open public hearing session, support the process for the review of premarket approval application for the FDA may conduct a lottery to determine human drug applications. The FDA is Medtronic Ablation Frontiers Cardiac the speakers for the scheduled open publishing the updated plan for Ablation System sponsored by public hearing session. The contact comment to allow the public to provide Medtronic, Inc. The Medtronic Ablation person will notify interested persons feedback as the Agency moves towards Frontiers Cardiac Ablation System is a regarding their request to speak by a fully electronic standards-based catheter-based device developed for the October 13, 2011. submission and review environment. treatment of atrial fibrillation. The Persons attending FDA’s advisory DATES: Submit electronic or written system consists of the following: committee meetings are advised that the comments on the updated plan by • The Pulmonary Vein Ablation Agency is not responsible for providing November 3, 2011. Catheter, which is designed to create access to electrical outlets. ADDRESSES: You may submit comments, lesions in the left atrium via five pairs FDA welcomes the attendance of the identified by Docket No. FDA–2008–N– of electrodes to isolate the pulmonary public at its advisory committee 0352, by any of the following methods: veins. It has a deflectable distal end and meetings and will make every effort to Electronic Submissions bidirectional steering to aid in accommodate persons with physical positioning the catheter appropriately. disabilities or special needs. If you Submit electronic comments in the • The Multi-Array Septal Catheter, require special accommodations due to following way: which is designed to create lesions on a disability, please contact AnnMarie • Federal eRulemaking Portal: http:// the septal wall of the left atrium via six Williams, Conference Management www.regulations.gov. Follow the pairs of electrodes. It is not steerable Staff, 301–796–5966, at least 7 days in instructions for submitting comments. and is intended to be used in a advance of the meeting. Written Submissions transseptal approach. FDA is committed to the orderly • The Multi-Array Ablation Catheter, conduct of its advisory committee Submit written submissions in the which is designed to create ‘‘X’’-like meetings. Please visit our Web site at following ways: lesions in the left and/or right atrium http://www.fda.gov/ • Fax: 301–827–6870. via four pairs of electrodes. It has a AdvisoryCommittees/ • Mail/Hand delivery/Courier (for deflectable distal segment and AboutAdvisoryCommittees/ paper, disk, or CD–ROM submissions):

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58021

Division of Dockets Management (HFA– of information supporting the process proposed data collection projects 305), Food and Drug Administration, for the review of human drug (section 3506(c)(2)(A) of Title 44, United 5630 Fishers Lane, rm. 1061, Rockville, applications throughout the product life States Code, as amended by the MD 20852. cycle. Paperwork Reduction Act of 1995, Pub. Instructions: All submissions received In the Federal Register of June 30, L. 104–13), the Health Resources and must include the Agency name and 2008 (73 FR 36880), FDA issued a notice Services Administration (HRSA) Docket No. FDA–2008–N–0352. All announcing the availability of an earlier publishes periodic summaries of comments received may be posted version of the IT plan entitled proposed projects being developed for without change to http:// ‘‘Prescription Drug User Fee Act submission to the Office of Management www.regulations.gov, including any (PDUFA) IV Information Technology and Budget (OMB) under the Paperwork personal information provided. For Plan’’ (June 2008 plan). This updated additional information on submitting plan revises the June 2008 plan; it Reduction Act of 1995. To request more comments, see the ‘‘Comments’’ heading communicates the progress and strategic information on the proposed project or of the SUPPLEMENTARY INFORMATION changes for key initiatives that illustrate to obtain a copy of the data collection section of this document. the accomplishment of near-term plans and draft instruments, e-mail Docket: For access to the docket to objectives and describes FDA’s strategy [email protected] or call the HRSA read background documents or for meeting the long-term goal of a fully Reports Clearance Officer at (301) 443– comments received, go to http:// electronic submission and review 0165. www.regulations.gov and insert the environment. The sections that have Comments are invited on: (a) The docket number, found in brackets in the been revised are identified in the proposed collection of information for heading of this document, into the Revision Index (after the Table of the proper performance of the functions ‘‘Search’’ box and follow the prompts Contents) in the updated plan. of the Agency; (b) the accuracy of the and/or go to the Division of Dockets FDA conducts an annual IT Agency’s estimate of the burden of the Management, 5630 Fishers Lane, rm. assessment to measure performance proposed collection of information; (c) 1061, Rockville, MD 20852. against the IT plan. The 2010 Annual IT ways to enhance the quality, utility, and FOR FURTHER INFORMATION CONTACT: Assessment is available at http:// clarity of the information to be Alfred Kempski, Office of the PDUFA www.fda.gov/ForIndustry/UserFees/ Business Program Manager, Food and PrescriptionDrugUserFee/ collected; and (d) ways to minimize the Drug Administration, 10903 New ucm183308.htm. burden of the collection of information on respondents, including through the Hampshire Ave., Bldg. 22, Rm. 1127, II. Electronic Access Silver Spring, MD 20993–0002, 301– use of automated collection techniques 796–1999. Persons with access to the Internet or other forms of information may obtain the updated plan at http:// SUPPLEMENTARY INFORMATION: technology. www.regulations.gov. I. Background Proposed Project: Health Professions III. Comments Student Loan (HPSL) Program and FDA is announcing the availability of an updated IT plan entitled ‘‘PDUFA IV Interested persons may submit to the Nursing Student Loan (NSL) Program Information Technology Plan.’’ This Division of Dockets Management (see Administrative Requirements plan will meet one of the performance ADDRESSES) either electronic or written (Regulations and Policy) (OMB No. goals agreed to under the 2007 comments regarding this document. It is 0915–0047)—[Extension] only necessary to send one set of reauthorization of PDUFA IV (Title I of The regulations for the Health the Food and Drug Administration comments. It is no longer necessary to Professions Student Loan (HPSL) Amendments Act of 2007 (Pub. L. 110– send two copies of mailed comments. Program and Nursing Student Loan 85)). Under section XIV of the PDUFA Identify comments with the docket number found in brackets in the Performance Goals, FDA agreed to (NSL) Program contain a number of heading of this document. Received develop, periodically update, and reporting and recordkeeping comments may be seen in the Division publish for comment an IT plan for requirements for schools and loan of Dockets Management between 9 a.m. achieving the objectives defined in applicants. The requirements are and 4 p.m., Monday through Friday. section XIV, Information Technology essential for assuring that borrowers are Goals, of the PDUFA Performance Goals Dated: September 12, 2011. aware of rights and responsibilities, (see http://www.fda.gov/ForIndustry/ Leslie Kux, know the history and status of each loan UserFees/PrescriptionDrugUserFee/ Acting Assistant Commissioner for Policy. account in order to pursue aggressive ucm119243.htm). This plan is intended [FR Doc. 2011–23923 Filed 9–16–11; 8:45 am] collection efforts to reduce default rates, to provide regulated industry and other BILLING CODE 4160–01–P and that they maintain adequate records stakeholders with information on FDA’s for audit and assessment purposes. vision and plan for improving the Schools are free to use improved automation of business processes and DEPARTMENT OF HEALTH AND information technology to manage the maintaining information systems that HUMAN SERVICES information required by the regulations. support the process for the review of The estimated total burden is 49,489 human drug applications, to achieve the Health Resources and Services hours. The annualized burden estimates objectives defined in section XIV of the Administration are as follows: PDUFA Performance Goals. The Agency Information Collection objectives of the PDUFA IV IT Goals are Activities: Proposed Collection: to move FDA towards the long-term goal Comment Request of an automated standards-based information technology environment for In compliance with the requirement the exchange, review, and management for opportunity for public comment on

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58022 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

RECORDKEEPING REQUIREMENTS

Number of Regulatory/section requirements recordkeepers Hours per year Total burden hours

HPSL Program: 57.206(b)(2), Documentation of Cost of Attendance ...... 435 1.17 509 57.208(a), Promissory Note ...... 435 1.25 544 57.210(b)(1)(i), Documentation of Entrance Interview ...... 435 1.25 544 57.210(b)(1)(ii), Documentation of Exit Interview ...... * 477 0.33 157 57.215(a) & (d), Program Records ...... * 477 10 4,770 57.215(b), Student Records ...... *477 10 4,770 57.215(c), Repayment Records ...... * 477 18.75 8,944

HPSL Subtotal ...... 20,238 NSL Program: 57.306(b)(2)(ii), Documentation of Cost of Attendance ...... 304 0.3 91 57.308(a), Promissory Note ...... 304 0.5 152 57.310(b)(1)(i), Documentation of Entrance Interview ...... 304 0.5 152 57.310(b)(1)(ii), Documentation of Exit Interview ...... * 486 0.17 83 57.315(a)(1) & (a)(4), Program Records ...... * 486 5 2,430 57.315(a)(2), Student Records ...... * 486 1 486 57.215(b)(3), Repayment Records ...... * 486 2.51 1,220

NSL Subtotal ...... 4,614 * Includes active and closing schools. HPSL data include active and closing Loans for Disadvantaged Students (LDS) program schools.

REPORTING REQUIREMENTS

Responses Regulatory/section requirements Number of per Total annual Hours per Total burden respondents respondent responses response hours

HPSL Program: 57.206(a)(2), Student Financial Aid Transcript ...... 4,600 1 4,600 0.25 1,150 57.208(c), Loan Information Disclosure ...... 435 68.73 29,898 0.0833 2,490 57.210(b)(1)(i), Entrance Interview ...... 435 68.73 29,898 0.167 4,993 57.210(b)(1)(ii), Exit Interview ...... * 477 12 5,724 0.5 2,862 57.210(b)(1)(iii), Notification of Repayment ...... * 477 30.83 14,706 0.167 2,456 57.210(b)(1)(iv), Notification During Deferment ...... * 477 24.32 11,601 0.0833 966 57.210(b)(1)(vi), Notification of Delinquent Accounts ... * 477 10.28 4,904 0.167 819 57.210(b)(1)(x), Credit Bureau Notification ...... * 477 8.03 3,830 0.6 2,298 57.210(b)(4)(i), Write-off of Uncollectable Loans ...... 20 1 20 3 60 57.211(a), Disability Cancellation ...... 10 1 10 0.75 8 57.215(a)(2), Administrative Hearings ...... 0 0 0 0 0 57.215(a)(d), Administrative Hearings ...... 0 0 0 0 0

HPSL Subtotal ...... 18,102 NSL Program: 57.306(a)(2), Student Financial Aid Transcript ...... 4,100 1 4,100 0.25 1,025 57.310(b)(1)(i), Entrance Interview ...... 304 23.51 7,147 0.167 1,193 57.310(b)(1)(ii), Exit Interview ...... * 486 3.77 1,832 0.5 916 57.310(b)(1)(iii), Notification of Repayment ...... * 486 6.18 3,003 0.167 501 57.310(b)(1)(iv), Notification During Deferment ...... * 486 0.65 316 0.083 26 57.310(b)(1)(vi), Notification of Delinquent Accounts ... * 486 4.61 2,240 0.167 374 57.310(b)(1)(x), Credit Bureau Notification ...... * 486 8.3 4,033 0.6 2,420 57.310(b)(4)(i), Write-off of Uncollectable Loans ...... 20 1 20 3.5 70 57.311(a), Disability Cancellation ...... 10 1 10 0.8 8 57.315(a)(1)(ii), Administrative Hearings ...... 0 0 0 0 0 57.316(a)(d), Administrative Hearings ...... 0 0 0 0 0

NSL Subtotal ...... 6,535 * Includes active and closing schools.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00076 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58023

E-mail comments to Contact Person: Ruixia Zhou, PhD, Name of Committee: National Human [email protected] or mail the HRSA Scientific Review Officer, 6707 Democracy Genome Research Institute Initial Review Reports Clearance Officer, Room 10–33, Boulevard, Democracy Two Building, Suite Group; Genome Research Review Committee; Parklawn Building, 5600 Fishers Lane, 957, Bethesda, MD 20892, 301–496–4773, Centers of Excellence in Genomic Science [email protected]. (CEGS). Rockville, MD 20857. Written comments Date: November 3–4, 2011. should be received within 60 days of Name of Committee: National Institute of Biomedical Imaging and Bioengineering Time: 8 a.m. to 5 p.m. this notice. Special Emphasis Panel; 2012–01 K-Award Agenda: To review and evaluate grant Dated: September 13, 2011. Review Meeting. applications. Reva Harris, Date: November 16, 2011. Place: Residence Inn Bethesda, 7335 Time: 11 a.m. to 5 p.m. Wisconsin Avenue, Bethesda, MD 20814. Acting Director, Division of Policy and Agenda: To review and evaluate grant Contact Person: Ken D. Nakamura, PhD, Information Coordination. applications. Scientific Review Officer, Office of Scientific [FR Doc. 2011–23892 Filed 9–16–11; 8:45 am] Place: National Institutes of Health, Two Review, National Human Genome Research BILLING CODE 4165–15–P Democracy Plaza, 6707 Democracy Institute, National Institutes of Health, Boulevard, Bethesda, MD 20892. (Telephone Bethesda, MD 20892, 301 402–0838. Conference Call.) (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Contact Person: John K. Hayes, PhD, Program Nos. 93.172, Human Genome HUMAN SERVICES Scientific Review Officer, 6707 Democracy Research, National Institutes of Health, HHS) Boulevard, Room 959, Bethesda, MD 20892, Dated: September 13, 2011. National Institutes of Health 301–451–3398, [email protected]. Jennifer S. Spaeth, Name of Committee: National Institute of National Institute of Biomedical Biomedical Imaging and Bioengineering Director, Office of Federal Advisory Imaging and Bioengineering; Notice of Special Emphasis Panel; Development of Committee Policy. Closed Meetings Multiscale Models (U01). [FR Doc. 2011–24026 Filed 9–16–11; 8:45 am] Date: November 17, 2011. BILLING CODE 4140–01–P Pursuant to section 10(d) of the Time: 8 a.m. to 5 p.m. Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is applications. DEPARTMENT OF HEALTH AND hereby given of the following meetings. Place: Renaissance Washington, DC HUMAN SERVICES The meetings will be closed to the Dupont Circle Hotel, 1143 New Hampshire public in accordance with the Avenue, NW., Washington, DC 20037. National Institutes of Health Contact Person: Manana Sukhareva, PhD, provisions set forth in sections Scientific Review Officer, National Institute 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute on Deafness and of Biomedical Imaging and Bioengineering, Other Communication Disorders as amended. The grant applications and National Institutes of Health, 6707 the discussions could disclose Democracy Boulevard, Suite 959, Bethesda, Notice of Meeting confidential trade secrets or commercial MD 20892, 301–451–3397, Pursuant to section 10(d) of the property such as patentable material, [email protected]. Federal Advisory Committee Act, as and personal information concerning Dated: September 13, 2011. amended (5 U.S.C. App.), notice is individuals associated with the grant Jennifer S. Spaeth, hereby given of a meeting of the Board applications, the disclosure of which Director, Office of Federal Advisory of Scientific Counselors, NIDCD. would constitute a clearly unwarranted Committee Policy. invasion of personal privacy. The meeting will be open to the [FR Doc. 2011–24031 Filed 9–16–11; 8:45 am] public as indicated below, with Name of Committee: National Institute of BILLING CODE 4140–01–P attendance limited to space available. Biomedical Imaging and Bioengineering Individuals who plan to attend and Special Emphasis Panel; P41 Site Visit (2012/ 01). need special assistance, such as sign DEPARTMENT OF HEALTH AND language interpretation or other Date: October 24–26, 2011. HUMAN SERVICES Time: 8 p.m. to 12 p.m. reasonable accommodations, should notify the Contact Person listed below Agenda: To review and evaluate grant National Institutes of Health applications. in advance of the meeting. Place: Springhill Suites by Marriott, National Human Genome Research The meeting will be closed to the Pittsburgh Southside Works, 2950 South Institute; Notice of Closed Meeting public as indicated below in accordance Water Street, Pittsburgh, PA 15203. with the provisions set forth in section Contact Person: John K. Hayes, PhD, Pursuant to section 10(d) of the 552b(c)(6), Title 5 U.S.C., as amended Scientific Review Officer, National Institute Federal Advisory Committee Act, as of Biomedical Imaging and Bioengineering, for the review, discussion, and National Institutes of Health, 6707 amended (5 U.S.C. App.), notice is evaluation of individual intramural Democracy Boulevard, Room 959, Bethesda, hereby given of the following meeting. programs and projects conducted by the MD 20892, 301–451–3398, The meeting will be closed to the National Institute on Deafness and [email protected]. public in accordance with the Other Communication Disorders, Name of Committee: National Institute of provisions set forth in sections including consideration of personnel Biomedical Imaging and Bioengineering 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., qualifications and performance, and the Special Emphasis Panel; Health Disparities as amended. The grant applications and competence of individual investigators, SBIR 2012/01. the discussions could disclose the disclosure of which would Date: November 7, 2011. confidential trade secrets or commercial constitute a clearly unwarranted Time: 11 a.m. to 4 p.m. property such as patentable material, Agenda: To review and evaluate grant invasion of personal privacy. applications. and personal information concerning Name of Committee: Board of Scientific Place: National Institutes of Health/NIBIB, individuals associated with the grant Counselors, NIDCD. DEM II, 6707 Democracy Blvd, 900, applications, the disclosure of which Date: October 27–28, 2011. Bethesda, MD 20892. (Telephone Conference would constitute a clearly unwarranted Closed: October 27, 2011, 10 a.m. to 10:30 Call.) invasion of personal privacy. a.m.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58024 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Agenda: To review and evaluate personal provisions set forth in sections Place: National Institutes of Health, 6120 qualifications and performance, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Executive Blvd., Rockville, MD 20852. competence of individual investigators. as amended. The grant applications and (Telephone Conference Call.) Place: National Institutes of Health, the discussions could disclose Contact Person: Kausik Ray, Scientific Building 31, 31 Center Drive, Conference Review Officer, National Institute on Room 7, Bethesda, MD 20892. confidential trade secrets or commercial Deafness and Other Communication Open: October 27, 2011, 10:30 a.m. to 11 property such as patentable material, Disorders, National Institutes of Health, a.m. and personal information concerning Rockville, MD 20850, 301–402–3587, Agenda: Reports from institute staff. individuals associated with the grant [email protected]. Place: National Institutes of Health, applications, the disclosure of which Name of Committee: National Institute on Building 31, 31 Center Drive, Conference would constitute a clearly unwarranted Deafness and Other Communication Room 7, Bethesda, MD 20892. invasion of personal privacy. Disorders Special Emphasis Panel; R03— Closed: October 27, 2011, 11 a.m. to 5:30 VSL. p.m. Name of Committee: National Institute on Date: November 3, 2011. Agenda: To review and evaluate personal Deafness and Other Communication Time: 12 p.m. to 2 p.m. qualifications and performance, and Disorders Special Emphasis Panel; R21/R33. Agenda: To review and evaluate grant competence of individual investigators. Date: October 18, 2011. applications. Place: National Institutes of Health, Time: 10:30 a.m. to 12:30 p.m. Place: National Institutes of Health, 6120 Building 31, 31 Center Drive, Conference Agenda: To review and evaluate grant Executive Blvd., Rockville, MD 20852. Room 7, Bethesda, MD 20892. applications. (Telephone Conference Call.) Closed: October 28, 2011, 8:30 a.m. to 2 Place: National Institutes of Health, 6120 Contact Person: Shiguang Yang, DVM, p.m. Executive Blvd., Rockville, MD 20852. PhD, Scientific Review Officer, Division of Agenda: To review and evaluate personal (Telephone Conference Call.) Extramural Activities, NIDCD, NIH, 6120 qualifications and performance, and Contact Person: Kausik Ray, Scientific Executive Blvd., Bethesda, MD 20892, 301– competence of individual investigators. Review Officer, National Institute on 496–8683. Place: National Institutes of Health, Deafness and Other Communication Information is also available on the Building 31, 31 Center Drive, Conference Disorders, National Institutes of Health, Institute’s/Center’s home page: http:// Room 7, Bethesda, MD 20892. Rockville, MD 20850, 301–402–3587, www.nidcd.nih.gov/about/groups/cdrc/, Contact Person: Andrew J. Griffith, PhD, [email protected]. where an agenda and any additional MD, Director, Division of Intramural Name of Committee: Communication information for the meeting will be posted Research, National Institute on Deafness and when available. Other Communication Disorders, 5 Research Disorders Review Committee. Court, Room 1A13, Rockville, MD 20850, Date: October 20–21, 2011. (Catalogue of Federal Domestic Assistance 301–496–1960, [email protected]. Time: October 20, 2011, 8 a.m. to 5 p.m. Program Nos. 93.173, Biological Research Agenda: To review and evaluate grant Related to Deafness and Communicative Any interested person may file written Disorders, National Institutes of Health, HHS) comments with the committee by forwarding applications. the statement to the Contact Person listed on Place: Hyatt Regency Bethesda, One Dated: September 13, 2011. this notice. The statement should include the Bethesda Metro Center, 7400 Wisconsin Jennifer S. Spaeth, Avenue, Bethesda, MD 20814. name, address, telephone number and when Director, Office of Federal Advisory Time: October 21, 2011, 8 a.m. to 5 p.m. applicable, the business or professional Committee Policy. affiliation of the interested person. Agenda: To review and evaluate grant Information is also available on the applications. [FR Doc. 2011–24024 Filed 9–16–11; 8:45 am] Institute’s/Center’s home page: http:// Place: Hyatt Regency Bethesda, One BILLING CODE 4140–01–P www.nidcd.nih.gov/about/groups/bsc/, Bethesda Metro Center, 7400 Wisconsin where an agenda and any additional Avenue, Bethesda, MD 20814. information for the meeting will be posted Contact Person: Susan Sullivan, PhD, DEPARTMENT OF HEALTH AND when available. Scientific Review Branch, Division of HUMAN SERVICES (Catalogue of Federal Domestic Assistance Extramural Activities, NIDCD, NIH, 6120 Program Nos. 93.173, Biological Research Executive Blvd., Suite 400C, Bethesda, MD National Institutes of Health Related to Deafness and Communicative 20892, 301–496–8683, [email protected]. Disorders, National Institutes of Health, HHS) Name of Committee: National Institute on National Institute of Allergy and Dated: September 13, 2011. Deafness and Other Communication Infectious Diseases; Notice of Closed Meetings Jennifer S. Spaeth, Disorders Special Emphasis Panel; T32/T35 Training Grant Review. Director, Office of Federal Advisory Date: October 25, 2011. Pursuant to section 10(d) of the Committee Policy. Time: 8 a.m. to 5 p.m. Federal Advisory Committee Act, as [FR Doc. 2011–24025 Filed 9–16–11; 8:45 am] Agenda: To review and evaluate grant amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P applications. hereby given of the following meetings. Place: Hyatt Regency Bethesda, One The meetings will be closed to the Bethesda Metro Center, 7400 Wisconsin public in accordance with the DEPARTMENT OF HEALTH AND Avenue, Bethesda, MD 20814. provisions set forth in sections HUMAN SERVICES Contact Person: Kausik Ray, Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Officer, National Institute on as amended. The grant applications and National Institutes of Health Deafness and Other Communication the discussions could disclose Disorders, National Institutes of Health, confidential trade secrets or commercial National Institute on Deafness and Rockville, MD 20850, 301–402–3587, property such as patentable material, [email protected]. Other Communication Disorders and personal information concerning Notice of Closed Meetings Name of Committee: National Institute on individuals associated with the grant Deafness and Other Communication applications, the disclosure of which Pursuant to section 10(d) of the Disorders Special EmphasisPanel; R03— Federal Advisory Committee Act, as Chemical Senses. would constitute a clearly unwarranted amended (5 U.S.C. App.), notice is Date: November 2, 2011. invasion of personal privacy. hereby given of the following meetings. Time: 9:30 a.m. to 11:30 p.m. Name of Committee: National Institute of The meetings will be closed to the Agenda: To review and evaluate grant Allergy and Infectious Diseases Special public in accordance with the applications. Emphasis Panel; Chemical Approaches to

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58025

Target Validation for Drug Resistant Suites at the Chevy Chase Pavilion, Review/DERA, National Heart, Lung, and Pathogens. 4300 Military Road, NW., Washington, Blood Institute, 6701 Rockledge Drive, Room Date: October 13, 2011. DC 20015 which was published in the 7180, Bethesda, MD 20892–7924, 301–435– Time: 11 a.m. to 6 p.m. Federal Register on September 7, 2011, 0725, [email protected]. Agenda: To review and evaluate grant applications. 76 FR 55402–55403. Name of Committee: National Heart, Lung, Place: National Institutes of Health, 6700B The meeting will be held October 10, and Blood Institute Special Emphasis Panel; Rockledge Drive, Bethesda, MD 20817. 2011 from 8 a.m. to 5 p.m. The meeting Gene Therapy Resource Program PreClinical (Telephone Conference Call.) location remains the same. The meeting Vector Production Core. Contact Person: Yong Gao, PhD, Scientific is closed to the public. Date: October 7, 2011. Review Officer, Scientific Review Program, Dated: September 13, 2011. Time: 11:30 a.m. to 1 p.m. DHHS/NIH/NIAID, 6700B Rockledge Drive, Jennifer S. Spaeth, Agenda: To review and evaluate contract Room 3127, Bethesda, MD 20892, 301–443– proposals. 8115, [email protected]. Director, Office of Federal Advisory Committee Policy. Place: Hyatt Regency Bethesda, One Name of Committee: National Institute of Bethesda Metro Center, 7400 Wisconsin [FR Doc. 2011–24011 Filed 9–16–11; 8:45 am] Allergy and Infectious Diseases Special Avenue, Bethesda, MD 20814. Emphasis Panel; Chemical Approaches to BILLING CODE 4140–01–P Contact Person: Tony L Creazzo, PhD, Target Validation for Drug Resistant Scientific Review Officer, Office of Scientific Pathogens. Review/DERA, National Heart, Lung, and Date: October 19, 2011. DEPARTMENT OF HEALTH AND Blood Institute, 6701 Rockledge Drive, Room Time: 11 a.m. to 6 p.m. HUMAN SERVICES Agenda: To review and evaluate grant 7180, Bethesda, MD 20892–7924, 301–435– applications. National Institutes of Health 0725, [email protected]. Place: National Institutes of Health, 6700B Name of Committee: National Heart, Lung, Rockledge Drive, Bethesda, MD 20817. National Heart, Lung and Blood and Blood Institute Special Emphasis Panel; (Telephone Conference Call.) Institute Notice of Closed Meetings Gene Therapy Resource Program Adeno- Contact Person: Yong Gao, PhD, Scientific Associated Virus Vector Production Core. Review Officer, Scientific Review Program, Pursuant to section 10(d) of the Date: October 7, 2011. DHHS/NIH/NIAID, 6700B Rockledge Drive, Federal Advisory Committee Act, as Time: 1 p.m. to 2:30 p.m. Room 3127, Bethesda, MD 20892, 301–443– amended (5 U.S.C. App.), notice is 8115, [email protected]. Agenda: To review and evaluate contract hereby given of the following meetings. proposals. Name of Committee: National Institute of The meetings will be closed to the Allergy and Infectious Diseases Special Place: Hyatt Regency Bethesda, One public in accordance with the Bethesda Metro Center, 7400 Wisconsin Emphasis Panel; Chemical Approaches to provisions set forth in sections Target Validation for Drug Resistant Avenue, Bethesda, MD 20814. Pathogens. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Tony L Creazzo, PhD, Date: October 21, 2011. as amended. The contract proposals and Scientific Review Officer, Office of Scientific Time: 11 a.m. to 6 p.m. the discussions could disclose Review/DERA, National Heart, Lung, and Agenda: To review and evaluate grant confidential trade secrets or commercial Blood Institute, 6701 Rockledge Drive, Room applications. property such as patentable material, 7180, Bethesda, MD 20892–7924, 301–435– Place: National Institutes of Health, and personal information concerning 0725, [email protected]. Rockledge 6700, 6700B Rockledge Drive, individuals associated with the contract Bethesda, MD 20817. (Telephone Conference proposals, the disclosure of which Name of Committee: National Heart, Lung, Call.) would constitute a clearly unwarranted and Blood Institute Special Emphasis Panel; Contact Person: Yong Gao, PhD, Scientific invasion of personal privacy. Gene Therapy Resource Program Clinical Review Officer, Scientific Review Program, Coordinating Center. DHHS/NIH/NIAID, 6700B Rockledge Drive, Name of Committee: National Heart, Lung, Date: October 7, 2011. Room 3127, Bethesda, MD 20892, 301–443– and Blood Institute Special Emphasis Panel; Time: 2:30 p.m. to 4 p.m. 8115, [email protected]. Gene Therapy Resource Program LentiVirus Agenda: To review and evaluate contract Vector Production. (Catalogue of Federal Domestic Assistance proposals. Date: October 7, 2011. Program Nos. 93.855, Allergy, Immunology, Place: Hyatt Regency Bethesda, One and Transplantation Research; 93.856, Time: 8:30 a.m. to 10 a.m. Bethesda Metro Center, 7400 Wisconsin Microbiology and Infectious Diseases Agenda: To review and evaluate contract Research, National Institutes of Health, HHS) proposals. Avenue, Bethesda, MD 20814. Plae: Hyatt Regency Bethesda, One Contact Person: Tony L Creazzo, PhD, Dated: September 13, 2011. Bethesda Metro Center, 7400 Wisconsin Scientific Review Officer, Office of Scientific Jennifer S. Spaeth, Avenue, Bethesda MD 20814. Review/DERA, National Heart, Lung, and Director, Office of Federal Advisory Contact Person: Tony L Creazzo, PhD, Blood Institute, 6701 Rockledge Drive, Room Committee Policy. Scientific Review Officer, Office of Scientific 7180, Bethesda, MD 20892–7924, 301–435– Review/DERA, National Heart, Lung, and [FR Doc. 2011–24016 Filed 9–16–11; 8:45 am] 0725, [email protected]. Blood Institute, 6701 Rockledge Drive, Room BILLING CODE 4140–01–P 7180, Bethesda, MD 20892–7924, 301–435– (Catalogue of Federal Domestic Assistance 0725, [email protected]. Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and DEPARTMENT OF HEALTH AND Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Vascular Diseases Research; 93.838, Lung HUMAN SERVICES Gene Therapy Resource Program Diseases Research; 93.839, Blood Diseases Pharmacology/Toxicology Core. and Resources Research, National Institutes National Institutes of Health Date: October 7, 2011. of Health, HHS) Time: 10 a.m. to 11:30 a.m. Center for Scientific Review Amended Agenda: To review and evaluate contract Dated: September 13, 2011. Notice of Meeting proposals. Jennifer S. Spaeth, Place: Hyatt Regency Bethesda, One Notice is hereby given of a change in Director, Office of Federal Advisory Bethesda Metro Center, 7400 Wisconsin Committee Policy. the meeting of the Tumor Cell Biology Avenue, Bethesda, MD 20814. Study Section, October 10, 2011, 8 a.m. Contact Person: Tony L Creazzo, PhD, [FR Doc. 2011–24005 Filed 9–16–11; 8:45 am] to October 11, 2011, 5 p.m., Embassy Scientific Review Officer, Office of Scientific BILLING CODE 4140–01–P

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00079 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58026 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND ACTION: Notice. SECURITY SECURITY SUMMARY: This notice amends the notice Federal Emergency Management Federal Emergency Management of an emergency declaration for the Agency Agency Commonwealth of Virginia (FEMA– 3329–EM), dated August 26, 2011, and [Internal Agency Docket No. FEMA–3333– related determinations. [Internal Agency Docket No. FEMA–3328– EM; Docket ID FEMA–2011–0001] DATES: Effective Date: September 4, EM; Docket ID FEMA–2011–0001] New Hampshire; Amendment No. 2 to 2011. New York; Amendment No. 2 to Notice Notice of an Emergency Declaration FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and of an Emergency Declaration AGENCY: Federal Emergency Recovery, Federal Emergency Management Agency, DHS. AGENCY: Federal Emergency Management Agency, 500 C Street, SW., ACTION: Notice. Management Agency, DHS. Washington, DC 20472, (202) 646–3886. SUMMARY: SUPPLEMENTARY INFORMATION: Notice is ACTION: Notice. This notice amends the notice of an emergency declaration for the hereby given that the incident period for State of New Hampshire (FEMA–3333– this emergency is closed effective SUMMARY: This notice amends the notice EM), dated August 27, 2011, and related September 4, 2011. of an emergency declaration for the determinations. State of New York (FEMA–3328–EM), (The following Catalog of Federal Domestic DATES: Effective Date: September 6, Assistance Numbers (CFDA) are to be used dated August 26, 2011, and related 2011. for reporting and drawing funds: 97.030, determinations. Community Disaster Loans; 97.031, Cora FOR FURTHER INFORMATION CONTACT: Brown Fund; 97.032, Crisis Counseling; DATES: Effective Date: September 5, Peggy Miller, Office of Response and 97.033, Disaster Legal Services; 97.034, 2011. Recovery, Federal Emergency Disaster Unemployment Assistance (DUA); Management Agency, 500 C Street, SW., 97.046, Fire Management Assistance Grant; FOR FURTHER INFORMATION CONTACT: Washington, DC 20472, (202) 646–3886. 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Peggy Miller, Office of Response and SUPPLEMENTARY INFORMATION: Notice is Declared Disaster Areas; 97.049, Recovery, Federal Emergency hereby given that the incident period for Management Agency, 500 C Street, SW., Presidentially Declared Disaster Assistance— this emergency is closed effective Disaster Housing Operations for Individuals Washington, DC 20472, (202) 646–3886. September 6, 2011. and Households; 97.050, Presidentially SUPPLEMENTARY INFORMATION: Notice is (The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, hereby given that the incident period for Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance this emergency is closed effective (Presidentially Declared Disasters); 97.039, September 5, 2011. Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant.) (The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, W. Craig Fugate, Assistance Numbers (CFDA) are to be used Disaster Unemployment Assistance (DUA); Administrator, Federal Emergency 97.046, Fire Management Assistance Grant; for reporting and drawing funds: 97.030, Management Agency. Community Disaster Loans; 97.031, Cora 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially [FR Doc. 2011–23991 Filed 9–16–11; 8:45 am] Brown Fund; 97.032, Crisis Counseling; Declared Disaster Areas; 97.049, BILLING CODE 9111–23–P 97.033, Disaster Legal Services; 97.034, Presidentially Declared Disaster Assistance— Disaster Unemployment Assistance (DUA); Disaster Housing Operations for Individuals 97.046, Fire Management Assistance Grant; and Households; 97.050, Presidentially DEPARTMENT OF HOMELAND 97.048, Disaster Housing Assistance to Declared Disaster Assistance to Individuals SECURITY Individuals and Households In Presidentially and Households—Other Needs; 97.036, Declared Disaster Areas; 97.049, Disaster Grants—Public Assistance Federal Emergency Management Presidentially Declared Disaster Assistance— (Presidentially Declared Disasters); 97.039, Agency Disaster Housing Operations for Individuals Hazard Mitigation Grant.) [Internal Agency Docket No. FEMA–3334– and Households; 97.050, Presidentially W. Craig Fugate, EM; Docket ID FEMA–2011–0001] Declared Disaster Assistance to Individuals Administrator, Federal Emergency and Households—Other Needs; 97.036, Management Agency. Rhode Island; Amendment No. 1 to Disaster Grants—Public Assistance [FR Doc. 2011–23990 Filed 9–16–11; 8:45 am] Notice of an Emergency Declaration (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) BILLING CODE 9111–23–P AGENCY: Federal Emergency Management Agency, DHS. Dated: September 12, 2011. ACTION: Notice. W. Craig Fugate, DEPARTMENT OF HOMELAND Administrator, Federal Emergency SECURITY SUMMARY: This notice amends the notice Management Agency. of an emergency declaration for the Federal Emergency Management State of Rhode Island (FEMA–3334– [FR Doc. 2011–23915 Filed 9–16–11; 8:45 am] Agency BILLING CODE 9111–23–P EM), dated August 27, 2011, and related [Internal Agency Docket No. FEMA–3329– determinations. EM; Docket ID FEMA–2011–0001] DATES: Effective Date: August 29, 2011. FOR FURTHER INFORMATION CONTACT: Virginia; Amendment No. 2 to Notice of an Emergency Declaration Peggy Miller, Office of Response and Recovery, Federal Emergency AGENCY: Federal Emergency Management Agency, 500 C Street, SW., Management Agency, DHS. Washington, DC 20472, (202) 646–3886.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58027

SUPPLEMENTARY INFORMATION: Notice is 97.048, Disaster Housing Assistance to Declared Disaster Areas; 97.049, hereby given that the incident period for Individuals and Households in Presidentially Presidentially Declared Disaster Assistance— this emergency is closed effective Declared Disaster Areas; 97.049, Disaster Housing Operations for Individuals August 29, 2011. Presidentially Declared Disaster Assistance— and Households; 97.050, Presidentially Disaster Housing Operations for Individuals Declared Disaster Assistance to Individuals The following Catalog of Federal Domestic and Households; 97.050, Presidentially and Households—Other Needs; 97.036, Assistance Numbers (CFDA) are to be used Declared Disaster Assistance to Individuals Disaster Grants—Public Assistance for reporting and drawing funds: 97.030, and Households—Other Needs; 97.036, (Presidentially Declared Disasters); 97.039, Community Disaster Loans; 97.031, Cora Disaster Grants—Public Assistance Hazard Mitigation Grant. Brown Fund; 97.032, Crisis Counseling; (Presidentially Declared Disasters); 97.039, Dated: September 12, 2011. 97.033, Disaster Legal Services; 97.034, Hazard Mitigation Grant. Disaster Unemployment Assistance (DUA); W. Craig Fugate, September 12, 2011. 97.046, Fire Management Assistance Grant; Administrator, Federal Emergency 97.048, Disaster Housing Assistance to W. Craig Fugate, Management Agency. Individuals and Households In Presidentially Administrator, Federal Emergency [FR Doc. 2011–23913 Filed 9–16–11; 8:45 am] Declared Disaster Areas; 97.049, Management Agency. BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— [FR Doc. 2011–23914 Filed 9–16–11; 8:45 am] Disaster Housing Operations for Individuals BILLING CODE 9111–23–P and Households; 97.050, Presidentially DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals SECURITY and Households—Other Needs; 97.036, DEPARTMENT OF HOMELAND Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, SECURITY Federal Emergency Management Hazard Mitigation Grant. Agency Federal Emergency Management W. Craig Fugate, Agency [Internal Agency Docket No. FEMA–4019– DR; Docket ID FEMA–2011–0001] Administrator, Federal Emergency [Internal Agency Docket No. FEMA–4017– Management Agency. DR; Docket ID FEMA–2011–0001] North Carolina; Amendment No. 8 to [FR Doc. 2011–23989 Filed 9–16–11; 8:45 am] Notice of a Major Disaster Declaration BILLING CODE 9111–23–P Puerto Rico; Amendment No. 3 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. DEPARTMENT OF HOMELAND AGENCY: Federal Emergency ACTION: Notice. SECURITY Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice Federal Emergency Management of a major disaster declaration for the Agency SUMMARY: This notice amends the notice State of North Carolina (FEMA–4019– of a major disaster declaration for the DR), dated August 31, 2011, and related [Internal Agency Docket No. FEMA–3338– Commonwealth of Puerto Rico (FEMA– determinations. EM; Docket ID FEMA–2011–0001] 4017–DR), dated August 27, 2011, and DATES: Effective Date: September 13, related determinations. Vermont; Amendment No. 1 to Notice 2011. DATES: Effective Date: September 13, of an Emergency Declaration FOR FURTHER INFORMATION CONTACT: 2011. Peggy Miller, Office of Response and AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: Recovery, Federal Emergency Management Agency, DHS. Peggy Miller, Office of Response and Management Agency, 500 C Street, SW., ACTION: Notice. Recovery, Federal Emergency Washington, DC 20472, (202) 646–3886. Management Agency, 500 C Street, SW., SUPPLEMENTARY INFORMATION: The notice SUMMARY: This notice amends the notice Washington, DC 20472, (202) 646–3886. of an emergency declaration for the of a major disaster declaration for the SUPPLEMENTARY INFORMATION: The notice State of Vermont (FEMA–3338–EM), State of North Carolina is hereby of a major disaster declaration for the dated August 29, 2011, and related amended to include the following area Commonwealth of Puerto Rico is hereby determinations. among those areas determined to have amended to include the following areas been adversely affected by the event DATES: Effective Date: September 2, among those areas determined to have declared a major disaster by the 2011. been adversely affected by the event President in his declaration of August FOR FURTHER INFORMATION CONTACT: declared a major disaster by the 31, 2011. President in his declaration of August Peggy Miller, Office of Response and Vance County for Public Assistance, Recovery, Federal Emergency 27, 2011. including direct federal assistance (already Management Agency, 500 C Street, SW., Fajardo, Gurabo, Las Piedras, Naguabo, designated for Individual Assistance). Washington, DC 20472, (202) 646–3886. Naranjito, Rı´o Grande, San Lorenzo, Trujillo The following Catalog of Federal Domestic Alto, Vega Baja, Vieques, and Villalba SUPPLEMENTARY INFORMATION: Notice is Assistance Numbers (CFDA) are to be used Municipalities for Individual Assistance for reporting and drawing funds: 97.030, hereby given that the incident period for (already designated for Public Assistance). this emergency is closed effective Community Disaster Loans; 97.031, Cora The following Catalog of Federal Domestic Brown Fund; 97.032, Crisis Counseling; September 2, 2011. Assistance Numbers (CFDA) are to be used 97.033, Disaster Legal Services; 97.034, The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, Disaster Unemployment Assistance (DUA); Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora 97.046, Fire Management Assistance Grant; for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; 97.048, Disaster Housing Assistance to Community Disaster Loans; 97.031, Cora 97.033, Disaster Legal Services; 97.034, Individuals and Households in Presidentially Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); Declared Disaster Areas; 97.049, 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; Presidentially Declared Disaster Assistance— Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to Disaster Housing Operations for Individuals 97.046, Fire Management Assistance Grant; Individuals and Households in Presidentially and Households; 97.050, Presidentially

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58028 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Declared Disaster Assistance to Individuals and Households; 97.050, Presidentially • E-mail: FEMA–[email protected]. and Households—Other Needs; 97.036, Declared Disaster Assistance to Individuals Include the docket ID in the subject line Disaster Grants—Public Assistance and Households—Other Needs; 97.036, of the message. (Presidentially Declared Disasters); 97.039, Disaster Grants—Public Assistance • Hazard Mitigation Grant. (Presidentially Declared Disasters); 97.039, Fax: 703–483–2999. Hazard Mitigation Grant. • Mail: Ruth MacPhail, 16825 South Dated: September 12, 2011. Dated: September 12, 2011. Seton Avenue, Emmitsburg, Maryland W. Craig Fugate, 21727. W. Craig Fugate, Administrator, Federal Emergency Instructions: All submissions received Management Agency. Administrator, Federal Emergency Management Agency. must include the docket ID for this [FR Doc. 2011–23912 Filed 9–16–11; 8:45 am] action. Comments received will be [FR Doc. 2011–23910 Filed 9–16–11; 8:45 am] BILLING CODE 9111–23–P posted without alteration at http:// BILLING CODE 9111–23–P www.regulations.gov, including any personal information provided. DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND Docket: For access to the docket to SECURITY read background documents or Federal Emergency Management comments received by the Board, go to Agency Federal Emergency Management http://www.regulations.gov. Agency A public comment period will be held [Internal Agency Docket No. FEMA–4025– during the meeting on October 14, 2011, DR; Docket ID FEMA–2011–0001] [Docket ID FEMA–2008–0010] from 4:00 p.m. to 4:30 p.m. EDT, and Pennsylvania; Amendment No. 1 to Board of Visitors for the National Fire speakers will be afforded 5 minutes to Notice of a Major Disaster Declaration Academy make comments. Please note that the public comment period may end before AGENCY: Federal Emergency AGENCY: Federal Emergency the time indicated, following the last Management Agency, DHS. Management Agency, DHS. call for comments. Contact the ACTION: Notice. ACTION: Committee Management; Notice individual listed below to register as a of Open Federal Advisory Committee speaker. SUMMARY: This notice amends the notice Meeting. of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: Commonwealth of Pennsylvania SUMMARY: The Board of Visitors for the Ruth MacPhail, 16825 South Seton (FEMA–4025–DR), dated September 3, National Fire Academy (Board) will Avenue, Emmitsburg, Maryland 21727, 2011, and related determinations. meet on October 14 and 15, 2011. The telephone (301) 447–1117, fax (301) 447–1173, and e-mail DATES: Effective Date: September 12, meeting will be open to the public. 2011. DATES: The meeting will take place [email protected]. Friday, October 14, 2011, from 8:30 a.m. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Notice of Peggy Miller, Office of Response and to 5 p.m. EDT; and Saturday, October this meeting is given under the Federal Recovery, Federal Emergency 15, 2011, from 9 a.m. to 1:30 p.m. EDT. Advisory Committee Act, 5 U.S.C. App. Management Agency, 500 C Street, SW., Please note that the meeting may close (Pub. L. 92–463). Washington, DC 20472, (202) 646–3886. early if the Board has completed its business. Purpose of the Board SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the ADDRESSES: The meeting will be held at The purpose of the Board is to review Commonwealth of Pennsylvania is the National Emergency Training annually the programs of the National hereby amended to include the Center, Building H, Room 300, Fire Academy (Academy) and advise the Individual Assistance program for the Emmitsburg, Maryland. Members of the Administrator of the Federal Emergency following areas among those areas public who wish to obtain details on Management Agency (FEMA), through determined to have been adversely how to gain access to the facility and the United States Fire Administrator, affected by the event declared a major directions may contact Ruth MacPhail regarding the operation of the Academy disaster by the President in his as listed in the FOR FURTHER and any improvements therein that the declaration of September 3, 2011. INFORMATION CONTACT section by close of Board deems appropriate. The Board business October 12, 2011. For makes interim advisories to the Bucks, Delaware, Lehigh, Luzerne, Monroe, information on services for individuals Administrator of FEMA, through the Montgomery, and Philadelphia Counties for United States Fire Administrator, Individual Assistance. with disabilities or to request special Chester, Northampton, Sullivan, and assistance, contact Ruth MacPhail as whenever there is an indicated urgency Wyoming Counties for Individual Assistance soon as possible. A picture to do so in fulfilling its duties. In (already designated for Public Assistance, identification is needed for access. carrying out its responsibilities, the including direct Federal assistance). To facilitate public participation, we Board examines Academy programs to The following Catalog of Federal Domestic are inviting public comment on the determine whether these programs Assistance Numbers (CFDA) are to be used issues to be considered by the Board as further the basic missions which are for reporting and drawing funds: 97.030, listed in the SUPPLEMENTARY approved by the Administrator of Community Disaster Loans; 97.031, Cora INFORMATION section. Comments must be FEMA, examines the physical plant of Brown Fund; 97.032, Crisis Counseling; submitted in writing no later than the Academy to determine the adequacy 97.033, Disaster Legal Services; 97.034, October 12, 2011, and must be of the Academy’s facilities, and Disaster Unemployment Assistance (DUA); examines the funding levels for 97.046, Fire Management Assistance Grant; identified by docket ID FEMA–2008– 97.048, Disaster Housing Assistance to 0010 and may be submitted by one of Academy programs. The Board submits the following methods: an annual report through the United Individuals and Households in Presidentially • Declared Disaster Areas; 97.049, Federal eRulemaking Portal: http:// States Fire Administrator to the Presidentially Declared Disaster Assistance— www.regulations.gov. Follow the Administrator of FEMA, in writing. The Disaster Housing Operations for Individuals instructions for submitting comments. report provides detailed comments and

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58029

recommendations regarding the consider reports from the Applicant address the comment regarding the operation of the Academy. Outreach Subcommittee, FESHE/ proposed revisions when USCIS revises Professional Development the information collection. Agenda Subcommittee, Training Resources and The purpose of this notice is to allow On the first day of the meeting, the Data Exchange Review Subcommittee, an additional 30 days for public Board will elect a Chairperson and Vice and Emergency Medical Services comments. Comments are encouraged Chairperson for fiscal year (FY) 2012, Subcommittee. and will be accepted until October 19, and will review and approve the After discussion of these topics, there 2011. This process is conducted in minutes of the July 12, 2011 meeting. will be a public comment period. After accordance with 5 CFR 1320.10. The Board will review Academy deliberation, the Board will recommend Written comments and/or suggestions program activities, including instructor- action to the Superintendent of the regarding the item(s) contained in this led online course pilot tests, current National Fire Academy and the notice, especially regarding the curriculum developments, and Administrator of FEMA. estimated public burden and associated anticipated FY 2012 curriculum On the second day of the meeting, the response time, should be directed to the developments. There will be an Board will engage in an annual report Department of Homeland Security introduction of new staff members and working session. There will be no (DHS), and to the Office of Information the Academy will report on the public comment period on the second and Regulatory Affairs, Office of revamped National Professional day. Management and Budget (OMB), USCIS Development Matrix, a standard career Dated: September 12, 2011. Desk Officer. Comments may be development education and training Denis G. Onieal, submitted to: USCIS, Chief, Regulatory model, which the Academy has Products Division, Office of the Superintendent, National Fire Academy, modified to tie together the various Executive Secretariat, 20 Massachusetts accreditation criteria, voluntary United States Fire Administration, Federal Emergency Management Agency. Avenue NW., Washington, DC 20529– professional standards, and higher 2020. Comments may also be submitted [FR Doc. 2011–23992 Filed 9–16–11; 8:45 am] education curricula. The modification to DHS via facsimile to 202–272–8352 includes adding the National Fire BILLING CODE 9111–45–P or via e-mail at USCISFRComment@ Protection Association job proficiency dhs.gov, and OMB USCIS Desk Officer requirement titles and the Center for DEPARTMENT OF HOMELAND via facsimile at 202–395–5806 or via Professional Excellence standards. _ SECURITY oira [email protected]. When There will be a discussion on the submitting comments by e-mail please status of the conversion of courses to U.S. Citizenship and Immigration make sure to add OMB Control Number bachelor’s-degree equivalent Services 1615–0087 in the subject box. educational outcomes by adding the Written comments and suggestions National Fire Protection Association job Agency Information Collection from the public and affected agencies proficiency requirement titles and the Activities: Form N–600K, Extension of should address one or more of the Center for Professional Excellence a Currently Approved Information following four points: standards. The discussion will include Collection; Comment Request (1) Evaluate whether the proposed a review of course objectives and the collection of information is necessary outlines for 13 courses that are being ACTION: 30-Day Notice of Information for the proper performance of the rewritten and will be added to the Fire Collection Under Review: Form N– functions of the agency, including and Emergency Services Higher 600K; Application for Citizenship and whether the information will have Education (FESHE) Web site. The Issuance of Certificate under Section practical utility; Academy will report on the Atlanta Fire 322. (2) Evaluate the accuracy of the Department and North Carolina agencies estimate of the burden of the workshops which are being held to The Department of Homeland collection of information, including the explain the model curricula and Security, U.S. Citizenship and validity of the methodology and professional development matrix. The Immigration Services (USCIS) has assumptions used; status of the FESHE Institutional submitted the following information (3) Enhance the quality, utility, and Recognition and Certificate program, collection request to the Office of clarity of the information to be which is under active review by the Management and Budget (OMB) for collected; and North American Fire Training Directors review and clearance in accordance (4) Minimize the burden of the for possible revision and approval, will with the Paperwork Reduction Act of collection of information on those who be reviewed. The Academy will report 1995. The information collection was are to respond, including through the on the status of Training Resources and previously published in the Federal use of appropriate automated, Data Exchange (TRADE)/FESHE Adobe Register on June 29, 2011, at 76 FR electronic, mechanical, or other Connect sessions, including discussion 38197, allowing for a 60-day public technological collection techniques or of Academy-facilitated work sessions comment period for a proposed revision other forms of information technology, which will be held in each of 10 FEMA to the information collection. However, e.g., permitting electronic submission of regions. USCIS is postponing deployment of the responses. The Board will attend Annual Ethics revisions to this information collection, Training, provided by FEMA’s Office of and therefore requests to extend the Overview of This Information Chief Counsel, and will discuss the current edition of this information Collection status of deferred maintenance and collection without revision at this time. (1) Type of Information Collection: capital improvements on the National USCIS received one comment on the Extension of a currently approved Emergency Training Center (NETC) proposed revisions to this information information collection. campus, to include the FY 2011 Budget collection. USCIS acknowledges receipt (2) Title of the Form/Collection: Request/FY 2012 Budget Planning of the comment in the supporting Application for Citizenship and updates, and National Fire Programs statement (item 8) posted at http:// Issuance of Certificate under Section update. The Board will review and www.regulations.gov and will further 322.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58030 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

(3) Agency form number, if any, and Border Protection (COAC) will meet on comments received by the COAC, go to the applicable component of the October 4, 2011, in El Paso, TX. The http://www.regulations.gov. Department of Homeland Security meeting will be open to the public. As There will be three public comment sponsoring the collection: Form N– an alternative to on-site attendance, U.S. periods held during the meeting on 600K; U.S. Citizenship and Immigration Customs and Border Protection (CBP) October 4, 2011. On-site speakers are Services. will also offer a live webcast of the requested to limit their comments to 3 (4) Affected public who will be asked COAC meeting via the Internet. minutes. Contact the individual listed or required to respond, as well as a brief DATES: COAC will meet on Tuesday, below to register as a speaker. Please abstract: Primary: Individuals or October 4, 2011, from 1 p.m. to 6 p.m. note that the public comment period for Households. The data collected on this Please note that the meeting may close on-site speakers may end before the form is used by U.S. Citizenship and early if the committee has completed its time indicated on the schedule that is Immigration Services (USCIS) to business. posted on the CBP web page at the time determine eligibility for the requested Registration: If you plan on attending of the meeting. Comments can also be immigration benefit of citizenship. The via webcast, please register online at made electronically anytime during the form serves the purpose of https://apps.cbp.gov/te_registration/ COAC meeting webcast, but please note standardizing requests for the benefit, ?w=60 by close-of-business on that webcast participants will not be and will ensure that the basic September 27, 2011. Please feel free to able to provide oral comments. information required to assess eligibility share this information with interested Comments submitted electronically will is provided by the applicants. members of your organizations or be read into the record at some time (5) An estimate of the total number of associations. If you plan on attending during the meeting. annual respondents and the amount of on-site, please register either online at FOR FURTHER INFORMATION CONTACT: Ms. time estimated for an average https://apps.cbp.gov/te_registration/ Wanda Tate, Office of Trade Relations, respondent to respond: 2,950 responses ?w=57 or by e-mail to U.S. Customs and Border Protection, at 1 hour and 35 minutes (1.583 hours) [email protected] by close-of- 1300 Pennsylvania Avenue, NW., Room per response. business on September 27, 2011. (6) An estimate of the total public 5.2A, Washington, DC 20229; telephone ADDRESSES: The meeting will be held at burden (in hours) associated with the 202–344–1440; facsimile 202–325–4290. Radisson Hotel El Paso Airport, in the collection: 4,670 annual burden hours. SUPPLEMENTARY INFORMATION: Notice of If you have additional comments, Venetian 2 Salons, 1770 Airway this meeting is given under the Federal suggestions, or need a copy of the Boulevard, El Paso, TX 79925. All Advisory Committee Act, 5 U.S.C. App. proposed information collection visitors report to the foyer of Venetian (Pub. L. 92–463). The COAC provides instrument with instructions, or 2 Salons. advice to the Secretary of Homeland additional information, please visit the For information on facilities or Security, the Secretary of the Treasury, USCIS Web site at: http://uscis.gov/ services for individuals with disabilities and the Commissioner of U.S. Customs graphics/formsfee/forms/pra/index.htm. or to request special assistance at the and Border Protection (CBP) on matters If additional information is required meeting, contact Ms. Wanda Tate as pertaining to the commercial operations contact: USCIS, Regulatory Products soon as possible. of CBP and related functions within Division, 20 Massachusetts Avenue, To facilitate public participation, we DHS or the Department of the Treasury. NW., Washington, DC 20529–2020, are inviting public comment on the Agenda telephone (202) 272–8377. issues to be considered by the committee as listed in the ‘‘Agenda’’ The COAC will meet to review, Dated: September 13, 2011. section below. Sunday Aigbe, discuss next steps and formulate Comments must be submitted in recommendations on the following four Chief, Regulatory Products Division, Office writing no later than September 27, issues: of the Executive Secretariat, U.S. Citizenship 2011 and must be identified by USCBP– • The work of the Global Supply and Immigration Services, Department of 2011–0035 and may be submitted by Chain Security: Land Border Security Homeland Security. one of the following methods: [FR Doc. 2011–23861 Filed 9–16–11; 8:45 am] • Initiatives Subcommittee. Federal eRulemaking Portal: http:// • BILLING CODE 4410–10–P www.regulations.gov. Follow the The work of the Role of the Broker, a Broker Revision Project. instructions for submitting comments. • • E-mail: [email protected]. The Center of Excellence and DEPARTMENT OF HOMELAND Include the docket number in the Expertise (CEE) Pilot, Account SECURITY subject line of the message. Executive Pilots and Work of the • Simplified Entry and Financial Customs and Border Protection Fax: 202–325–4290. • Mail: Ms. Wanda Tate, Office of Processing Work Group. [Docket No. USCBP–2011–0035; ADM–9–03 Trade Relations, U.S. Customs and • The work of the One U.S. OT:RR:RD:TC; H183695 MJS] Border Protection, 1300 Pennsylvania Government at the Border Avenue, NW., Room 5.2A, Washington, Subcommittee. Prior to the COAC taking Advisory Committee on Commercial DC 20229. action on any of these four issues, Operations of Customs and Border Instructions: All submissions received members of the public will have an Protection (COAC) must include the words ‘‘Department of opportunity to provide comments orally AGENCY: U.S. Customs and Border Homeland Security’’ and the docket or, for comments submitted Protection, Department of Homeland number for this action. Comments electronically during the meeting, by Security (DHS). received will be posted without reading the comments into the record. The COAC will receive an update and ACTION: Committee Management; Notice alteration at http://www.regulations.gov, of Federal Advisory Committee Meeting. including any personal information discuss the following CBP Initiatives provided. and Subcommittee issues: SUMMARY: The Advisory Committee on Docket: For access to the docket to • Update on the Work of the Air Commercial Operations of Customs and read background documents or Cargo Security Subcommittee.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58031

• Update on the Work of the American cultural items. The National Tribes of the Warm Springs Reservation Automated Commercial Environment Park Service is not responsible for the of Oregon; and the Wanapum Band, a (ACE). determinations in this notice. non-Federally recognized Indian group. • Update on the Work of the Museum documentation indicates that History and Description of the Cultural Antidumping/Countervailing Duty the cultural items were found in Items Subcommittee. connection with the human remains. • Update on the Work of the IPR In 1953–1954, human remains were The cultural items are consistent with Enforcement Subcommittee. removed from the Cedar Cave Site (45– cultural items typically found in context Dated: September 14, 2011. KT–20), in Kittitas County, WA, during with burials in eastern Washington. a University of Washington Field Maria Luisa O’Connell, Expedition led by Dr. Earl Swanson, Jr. Determinations Made by the Burke Senior Advisor for Trade, Office of Trade The human remains and objects were Museum Relations. transferred from the University of Officials of the Burke Museum have [FR Doc. 2011–23940 Filed 9–16–11; 8:45 am] Washington, Department of determined that: BILLING CODE 9111–14–P Anthropology and accessioned by the • Pursuant to 25 U.S.C. 3001(3)(B), Burke Museum in 1966 (Burke Accn. the four cultural items described above #1966–95). In 1974, the Burke Museum are reasonably believed to have been DEPARTMENT OF THE INTERIOR legally transferred portions of the placed with or near individual human human remains to Central Washington remains at the time of death or later as National Park Service University. In 2007, a Notice of part of the death rite or ceremony and [2253–665] Inventory Completion (NIC) describing are believed, by a preponderance of the 4 individuals and 42 associated funerary evidence, to have been removed from a Notice of Intent To Repatriate Cultural objects removed from the Cedar Cave specific burial site of a Native American Items: Thomas Burke Memorial site was published in the Federal individual. Washington State Museum, University Register [72 FR 52391–52392, • Pursuant to 25 U.S.C. 3001(2), there of Washington, Seattle, WA September 13, 2007]. The Burke is a relationship of shared group Museum and Central Washington identity that can be reasonably traced AGENCY: National Park Service, Interior. University have jointly repatriated all between the unassociated funerary ACTION: Notice. human remains and funerary objects objects and the Confederated Tribes of SUMMARY: The Thomas Burke Memorial from the Cedar Cave site described in the Colville Reservation, Washington; Washington State Museum (Burke the NIC. At that time, one object, the Confederated Tribes of the Umatilla Museum), in consultation with the burial bundle, was believed to have Indian Reservation, Oregon; appropriate Indian Tribes, has been missing, but has subsequently been Confederated Tribes of the Warm determined that the cultural items meet identified during a collection cataloging Springs Reservation of Oregon; the definition of unassociated funerary and re-housing project. Also at that Confederated Tribes and Bands of the objects and repatriation to the Indian time, a projectile point and two shell Yakama Nation, Washington; and the Tribes stated below may occur if no beads were not designated as associated Nez Perce Tribe, Idaho, as well as the additional claimants come forward. funerary objects, but based on the Wanapum Band, a non-Federally Representatives of any Indian Tribe that available provenience information and recognized Indian group. their proximity to the burial, are now believes itself to be culturally affiliated Additional Requestors and Disposition determined to have been intentionally with the cultural items may contact the placed with the human remains. Representatives of any other Indian Burke Museum. Therefore, the four (now unassociated) Tribe that believes itself to be culturally DATES: Representatives of any Indian funerary objects are one burial bundle, affiliated with the unassociated funerary Tribe that believes it has a cultural one projectile point, and two shell objects should contact Peter Lape, Burke affiliation with the cultural items beads. Museum, University of Washington, Box should contact the Burke Museum at the Early and late published ethnographic 35101, Seattle, WA 98195, telephone address below by October 19, 2011. documentation indicates that the Cedar (206) 685–3849, before October 19, ADDRESSES: Peter Lape, Burke Museum, Cave Site is in the aboriginal territory of 2011. Repatriation of the unassociated University of Washington, Box 353010, the Moses-Columbia or Sinkiuse, and funerary objects to the Confederated Seattle, WA 98195–3010, telephone the Yakima (Daugherty 1973, Miller Tribes of the Colville Reservation, (206) 685–3849. 1998, Mooney 1896, Ray 1936, Spier Washington; Confederated Tribes of the SUPPLEMENTARY INFORMATION: Notice is 1936) whose descendents are Umatilla Indian Reservation, Oregon; here given in accordance with the represented today by the Confederated Confederated Tribes of the Warm Native American Graves Protection and Tribes of the Colville Reservation, Springs Reservation of Oregon; Repatriation Act (NAGPRA), 25 U.S.C. Washington, and the Confederated Confederated Tribes and Bands of the 3005, of the intent to repatriate cultural Tribes and Bands of the Yakama Nation, Yakama Nation, Washington; and the items in the possession of the Burke Washington. Furthermore, information Nez Perce Tribe, Idaho, as well as the Museum, University of Washington, provided during consultation indicates Wanapum Band, a non-Federally Seattle, WA, that meet the definition of that the aboriginal ancestors occupying recognized Indian group, may proceed unassociated funerary objects under 25 this area were highly mobile and after that date if no additional claimants U.S.C. 3001. traveled the landscape for gathering come forward. This notice is published as part of the resources as well as trade. Descendents The Burke Museum is responsible for National Park Service’s administrative of these Plateau communities are now notifying the Confederated Tribes of the responsibilities under NAGPRA, 25 widely dispersed and enrolled in the Colville Reservation, Washington; U.S.C. 3003(d)(3). The determinations in two Tribes mentioned, as well as the Confederated Tribes of the Umatilla this notice are the sole responsibility of Nez Perce Tribe, Idaho; Confederated Indian Reservation, Oregon; the museum, institution, or Federal Tribes of the Umatilla Indian Confederated Tribes of the Warm agency that has control of the Native Reservation, Oregon; Confederated Springs Reservation of Oregon;

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58032 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Confederated Tribes and Bands of the responsible for the determinations in • Pursuant to 25 U.S.C. 3001(3)(C), Yakama Nation, Washington; Nez Perce this notice. the one cultural item described above is Tribe, Idaho; and the Wanapum Band, a a specific ceremonial object needed by History and Description of the Cultural non-Federally recognized Indian group, Native American religious leaders for Item that this notice has been published. the practice of traditional Native Dated: September 13, 2011. The object to be repatriated is the American religion by their present-day adherents. Sherry Hutt, Decorah war bundle. The contents are comprised of an oil cloth bag, three cane • Pursuant to 25 U.S.C. 3001(3)(D), Manager, National NAGPRA Program. flutes, two cane sticks, one stick of the one cultural item described above [FR Doc. 2011–23899 Filed 9–16–11; 8:45 am] wood, one drumstick, one bag of has ongoing historical, traditional, or BILLING CODE 4312–50–P arborvitae leaves, three animal tails, one cultural importance central to the skin bag, three bird bodies, one bird Native American group or culture itself, head, and two bird wings. According to rather than property owned by an DEPARTMENT OF THE INTERIOR the Wisconsin Historical Museum individual. • Pursuant to 25 U.S.C. 3001(2), there National Park Service accession ledger the object is a war bundle of the Winnebago Wolf Clan. is a relationship of shared group [2253–665] This war bundle was one of several identity that can be reasonably traced objects purchased from Paul Radin for between the sacred object/object of Notice of Intent To Repatriate a $80.00. It was obtained by Paul Radin cultural patrimony and the Ho-Chunk Cultural Item: State Historical Society from the family of Ho-Chunk Chief Nation of Wisconsin and the Winnebago of Wisconsin, Madison, WI Spoon Decorah (also known as Dekorah, Tribe of Nebraska. DeCarrie, Decora, DeKaury) at Black AGENCY: National Park Service, Interior. Additional Requestors and Disposition River Falls, WI, in October 1913. Representatives of any other Indian ACTION: Notice. According to Dr. Paul Radin, author of Tribe that believes itself to be culturally The Winnebago Tribe, war bundles were SUMMARY: The State Historical Society of affiliated with the sacred object/object used in what is often called the Wagigo¯, Wisconsin, in consultation with the of cultural patrimony should contact Winter Feast, or War-bundle Feast, appropriate Indian Tribe, has Jennifer Kolb, Director, Wisconsin which is one of the principal determined a cultural item meets the Historical Museum, 30 North Carroll St., ceremonies of the Ho-Chunk. The definitions of sacred object and object of Madison, WI 53703, telephone (608) Decorah war bundle is affiliated with cultural patrimony and repatriation to 261–2461, before October 19, 2011. the Ho-Chunk people, who are now the the Indian Tribe stated below may occur Repatriation of the sacred object/object Ho-Chunk Nation of Wisconsin and the if no additional claimants come of cultural patrimony to the Ho-Chunk Winnebago Tribe of Nebraska. forward. Representatives of any Indian Nation of Wisconsin may proceed after According to the Ho-Chunk Nation, Tribe that believes itself to be culturally that date if no additional claimants ‘‘Many of the clan bundles were divided affiliated with the cultural item may come forward. contact the State Historical Society of when Ho-Chunk members of the The State Historical Society of Wisconsin. different families chose to return to Wisconsin is responsible for notifying Wisconsin and other members chose to the Ho-Chunk Nation of Wisconsin and DATES: Representatives of any Indian stay in Nebraska.’’ Tribe that believes it has a cultural Winnebago Tribe of Nebraska that this During consultation, the Traditional notice has been published. affiliation with the cultural item should Court of the Ho-Chunk Nation identified contact the State Historical Society of Mr. Cleland Goodbear, a member of the Dated: September 14, 2011. Wisconsin at the address below by Ho-Chunk Nation of Wisconsin, as a Sherry Hutt, October 19, 2011. lineal descendant of Chief Spoon Manager, National NAGPRA Program. ADDRESSES: Jennifer Kolb, Director, Decorah, and present clan leader of the [FR Doc. 2011–23977 Filed 9–16–11; 8:45 am] Wisconsin Historical Museum, 30 North Decorah family. The Traditional Court BILLING CODE 4312–50–P Carroll St., Madison, WI 53703, further determined that the Decorah war telephone (608) 261–2461. bundle should be reunited with another SUPPLEMENTARY INFORMATION: Notice is bundle that Mr. Goodbear has in his DEPARTMENT OF THE INTERIOR here given in accordance with the possession. National Park Service Native American Graves Protection and Although the Decorah war bundle was Repatriation Act (NAGPRA), 25 U.S.C. requested for repatriation by the Ho- [2253–665] 3005, of the intent to repatriate a Chunk Nation of Wisconsin under the cultural item in the possession of the category ‘‘object of cultural patrimony,’’ Notice of Intent To Repatriate a State Historical Society of Wisconsin officials of the State Historical Society Cultural Item: Denver Museum of (also known as the Wisconsin Historical of Wisconsin have determined that the Nature and Science, Denver, CO Society), Madison, WI, that meets the Decorah war bundle is also a specific AGENCY: National Park Service, Interior. definitions of sacred object and object of ceremonial object needed by Ho-Chunk ACTION: Notice. cultural patrimony under 25 U.S.C. religious leaders for the practice of 3001. traditional Native American religion by SUMMARY: The Denver Museum of This notice is published as part of the their present-day adherents. Nature & Science, in consultation with National Park Service’s administrative the appropriate Indian Tribe, has Determinations Made by the State responsibilities under NAGPRA, 25 determined that a cultural item meets Historical Society of Wisconsin, U.S.C. 3003(d)(3). The determinations in the definition of an object of cultural Madison, WI this notice are the sole responsibility of patrimony and that repatriation to the the museum, institution, or Federal Officials of the State Historical Indian Tribe stated below may occur if agency that has control of the cultural Society of Wisconsin have determined no additional claimants come forward. items. The National Park Service is not that: Representatives of any Indian Tribe that

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58033

believes itself to be culturally affiliated Wolf Clan under the care of Yak Kwaan/ Dated: September 14, 2011. with the cultural item may contact the Jim Martin. At an unknown date, it Sherry Hutt, Denver Museum of Nature & Science. passed to clan caretaker X ee T’lee-eesh/ Manager, National NAGPRA Program. DATES: Representatives of any Indian Robert Grant, Sr. In 1966, the hat came [FR Doc. 2011–23974 Filed 9–16–11; 8:45 am] Tribe that believes it has a cultural into the control of clan caretaker Robert BILLING CODE 4312–50–P affiliation with the cultural item should ‘‘Jeff’’ David, Sr. After it came into the contact the Denver Museum of Nature & control of Mr. David, the hat was sold. Science at the address below by It appears that the hat was sold without DEPARTMENT OF THE INTERIOR October 19, 2011. the consent of family or Clan, as the National Park Service ADDRESSES: Dr. Chip Colwell- Clan thought it was lost or stolen, since Chanthaphonh, Curator of there was no explanation of where it [2253–665] Anthropology, NAGPRA Officer, had gone. Department of Anthropology, Denver Notice of Inventory Completion: Museum records show that the hat Thomas Burke Memorial Washington Museum of Nature & Science, 2001 was purchased by Francis V. and Mary Colorado Boulevard, Denver, CO 80205, State Museum, University of Crane from Michael R. Johnson of the Washington, Seattle, WA telephone (303) 370–6378. Michael R. Johnson Gallery, Seattle, SUPPLEMENTARY INFORMATION: Notice is WA, on April 1, 1975. The hat was then AGENCY: National Park Service, Interior. here given in accordance with the given by the Cranes to the Denver ACTION: Notice. Native American Graves Protection and Museum of Natural History (now SUMMARY: The Thomas Burke Memorial Repatriation Act (NAGPRA), 25 U.S.C. Denver Museum of Nature & Science). 3005, of the intent to repatriate a Washington State Museum (Burke The description of the purchase also Museum), has completed an inventory cultural item in the possession of the shows that the hat was carved circa Denver Museum of Nature & Science, of human remains, in consultation with 1930, and was purchased from Mr. Jeff Denver, CO, that meets the definition of the appropriate Indian Tribes, and has David of Haines, AK, who stated that an object of cultural patrimony under 25 determined that there is a cultural the hat was from Hoona [sic], Alaska. U.S.C. 3001. affiliation between the human remains This notice is published as part of the Determinations Made by the Denver and present-day Indian Tribes. National Park Service’s administrative Museum of Nature & Science Representatives of any Indian Tribe that responsibilities under NAGPRA, 25 believes itself to be culturally affiliated U.S.C. 3003(d)(3). The determinations in Officials of the Denver Museum of with the human remains may contact this notice are the sole responsibility of Nature & Science have determined that: the Burke Museum. Repatriation of the human remains to the Indian Tribes the museum, institution, or Federal • Pursuant to 25 U.S.C. 3001(3)(D), stated below may occur if no additional agency that has control of the Native the one cultural item described above claimants come forward. American cultural item. The National has ongoing historical, traditional, or DATES: Representatives of any Indian Park Service is not responsible for the cultural importance central to the Tribe that believes it has a cultural determinations in this notice. Native American group or culture itself, affiliation with the human remains rather than property owned by an History and Description of the Cultural should contact the Burke Museum at the individual. Item address below by October 19, 2011. • The cultural item is a wooden hat Pursuant to 25 U.S.C. 3001(2), there ADDRESSES: Peter Lape, Burke Museum, (AC.11506) in the shape of an eagle that is a relationship of shared group University of Washington, Box 353010, is carved and painted. The hat measures identity that can be reasonably traced Seattle, WA 98195–3010, telephone 18 inches long, 14 inches wide, and 9 between the object of cultural patrimony (206) 685–3849. inches high at the top of head. It is and the Hoonah Indian Association. SUPPLEMENTARY INFORMATION: Notice is painted in bright colors, including red, Additional Requestors and Disposition here given in accordance with the white, black, yellow, orange and light Native American Graves Protection and blue. The head and tail are painted Representatives of any other Indian Repatriation Act (NAGPRA), 25 U.S.C. white, and the body is brown. There are Tribe that believes itself to be culturally 3003, of the completion of an inventory areas on the hat that have inlaid affiliated with the object of cultural of human remains in the possession of abalone. Two rawhide strips form head patrimony should contact Dr. Chip the Burke Museum, University of ties. One eagle wing has been broken Colwell-Chanthaphonh, Curator of Washington, Seattle, WA. The human and repaired. Anthropology, NAGPRA Officer, remains were removed from the During consultation, the Hoonah Department of Anthropology, Denver Congdon site (45–KL–41), in Klickitat Indian Association, working on behalf Museum of Nature & Science, 2001 County, WA. of the Huna Tlingit Tribe, Gooch Hit/ Colorado Boulevard, Denver, CO 80205, This notice is published as part of the Wolf House, Kaagwaantaan Clan of telephone (303) 370–6378, before National Park Service’s administrative Hoonah, Alaska, provided evidence that October 19, 2011. Repatriation of the responsibilities under NAGPRA, 25 identifies the hat as Kaagwaantaan Wolf object of cultural patrimony to the U.S.C. 3003(d)(3). The determinations in Clan, Eagle Moiety. The claim submitted Hoonah Indian Association, on behalf of this notice are the sole responsibility of by the Hoonah Indian Association the Gooch Hit/Wolf House of the the museum, institution, or Federal details the Clan’s claim to the hat as an Kaagwaantaan Clan of Hoonah, Alaska, agency that has control of the Native object of cultural patrimony, which a may proceed after that date if no American human remains. The National single individual cannot alienate. additional claimants come forward. Park Service is not responsible for the Oral history indicates that the hat is determinations in this notice. believed to have been carved by Yeil The Denver Museum of Nature & naa wu/Dick Yetima of Deisheetaan Science is responsible for notifying the Consultation Clan, Raven House, from Angoon. The Hoonah Indian Association that this A detailed assessment of the human hat then belonged to the Kaagwaantaan notice has been published. remains was made by the Burke

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58034 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Museum professional staff in (Daugherty 1973, Hale 1841, Hunn and DEPARTMENT OF THE INTERIOR consultation with representatives of the French 1998, Stern 1998, French and Confederated Tribes of the Colville French 1998, Mooney 1896, Murdock National Park Service Reservation, Washington; Confederated 1938, Ray 1936 and 1974, Spier 1936), [2253–665] Tribes of the Umatilla Indian whose descendents are represented Reservation, Oregon; Confederated today by the Confederated Tribes and Notice of Inventory Completion: Tribes of the Warm Springs Reservation Bands of the Yakama Nation, Thomas Burke Memorial Washington of Oregon; Confederated Tribes and Washington; Confederated Tribes of the State Museum, University of Bands of the Yakama Nation, Umatilla Indian Reservation, Oregon; Washington, Seattle, WA Washington; and the Nez Perce Tribe, and the Confederated Tribes of the Idaho (hereinafter ‘‘The Tribes’’). The AGENCY: National Park Service, Interior. Warm Springs Reservation of Oregon. Burke Museum also consulted with the ACTION: Notice. Wanapum Band, a non-Federally Furthermore, information provided recognized Indian group (hereinafter during consultation indicates that the SUMMARY: The Thomas Burke Memorial ‘‘The Indian Group’’). aboriginal ancestors occupying this area Washington State Museum (Burke were highly mobile, and traveled widely Museum) has completed an inventory of History and Description of the Remains across the landscape for gathering human remains and associated funerary Between 1955 and 1957, human resources as well as trade. Descendents objects, in consultation with the remains were removed from the of these Plateau communities are now appropriate Indian Tribes, and has Congdon site, in Klickitat County, WA, widely dispersed and enrolled in all of determined that there is a cultural by a University of Washington field the above mentioned Tribal affiliation between the human remains party led by Mr. Robert B. Butler. The communities, as well as the and associated funerary objects and human remains were transferred to the Confederated Tribes of the Colville present-day Indian Tribes. Burke Museum and formally Reservation, Washington; Nez Perce Representatives of any Indian Tribe that accessioned in 1966 (Burke Accn.# Tribe, Idaho, and the Wanapum Band, a believes itself to be culturally affiliated 1966–100). In 1974, the Burke Museum non-Federally recognized Indian group. with the human remains and associated legally transferred portions of the funerary objects may contact the Burke human remains to Central Washington Determinations Made by the Burke Museum. Repatriation of the human University. In 2007, a Notice of Museum remains and associated funerary objects Inventory Completion (NIC) describing to the Indian Tribes stated below may 91 individuals and 1,049 associated Officials of the Burke Museum have occur if no additional claimants come funerary objects removed from the determined that: forward. Congdon site was published in the • Pursuant to 25 U.S.C. 3001(9), the DATES: Representatives of any Indian Federal Register [72 FR 29177–29178, human remains described in this notice Tribe that believes it has a cultural May 24, 2007]. The Burke Museum and represent the physical remains of two affiliation with the human remains and Central Washington University have individuals of Native American associated funerary objects should jointly repatriated all human remains ancestry. contact the Burke Museum at the and funerary objects from the Congdon • Pursuant to 25 U.S.C. 3001(2), there address below by October 19, 2011. site described in the NIC. In September 2010, human remains is a relationship of shared group ADDRESSES: Peter Lape, Burke Museum, representing at least two individuals identity that can be reasonably traced University of Washington, Box 353010, were returned to the Burke Museum between the Native American human Seattle, WA 98195–3010, telephone from the Washington State Physical remains, The Tribes, and The Indian (206) 685–3849. Anthropologist. These human remains Group. SUPPLEMENTARY INFORMATION: Notice is had been turned over to the New York Additional Requestors and Disposition here given in accordance with the State Police by a private citizen who Native American Graves Protection and stated they were among the possessions Representatives of any Indian Tribe Repatriation Act (NAGPRA), 25 U.S.C. of her deceased husband. She believed that believes itself to be culturally 3003, of the completion of an inventory they had been removed from a affiliated with the human remains of human remains and associated warehouse in south Seattle sometime should contact Peter Lape, Burke funerary objects in the possession of the before 2000. The human remains have Museum, University of Washington, Box Burke Museum, University of been determined to be from the 35101, Seattle, WA 98195, telephone Washington, Seattle, WA. The human Congdon site. The remains of one (206) 685–3849, before October 19, remains and associated funerary objects individual were directly labeled with a 2011. Repatriation of the human were removed from Grant County, WA. Condgon site number and the second remains to The Tribes and The (joined) This notice is published as part of the individual was determined to be from Indian Group may proceed after that National Park Service’s administrative the Congdon site due to the color and date if no additional claimants come responsibilities under NAGPRA, 25 appearance of the remains. The return of forward. U.S.C. 3003(d)(3). The determinations in these remains increases the original this notice are the sole responsibility of minimum number of individuals from The Burke Museum is responsible for the museum, institution, or Federal the site by two individuals. No known notifying The Tribes and The Indian agency that has control of the Native individuals were identified. No Group that this notice has been American human remains and associated funerary objects are present. published. associated funerary objects. The Published ethnographic Dated: September 14, 2011. National Park Service is not responsible documentation indicates that the for the determinations in this notice. Congdon site is in the aboriginal Sherry Hutt, territory of the Western Columbia River Manager, National NAGPRA Program. Consultation Sahaptins, Wasco, Wishram, Yakima, [FR Doc. 2011–23978 Filed 9–16–11; 8:45 am] A detailed assessment of the human Walla Walla, Umatilla, Tenino, and Skin BILLING CODE 4312–50–P remains was made by the Burke

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58035

Museum professional staff in dispersed and enrolled in the two Tribes DEPARTMENT OF THE INTERIOR consultation with representatives of the mentioned above, as well as the Nez Confederated Tribes of the Colville Perce Tribe, Idaho; Confederated Tribes National Park Service Reservation, Washington; Confederated of the Umatilla Indian Reservation, [2253–665] Tribes of the Umatilla Indian Oregon; Confederated Tribes of the Reservation, Oregon; Confederated Warm Springs Reservation of Oregon; Notice of Inventory Completion: U.S. Tribes of the Warm Springs Reservation and the Wanapum Band, a non- Department of the Interior, Bureau of of Oregon; Confederated Tribes and Federally recognized Indian group. Reclamation, Phoenix Area Office, Bands of the Yakama Nation, Museum documentation indicates that Phoenix, AZ and Arizona State Washington; and the Nez Perce Tribe, the cultural items were found in Museum, University of Arizona, Idaho (hereinafter ‘‘The Tribes’’). The connection with the human remains. Tucson, AZ Burke Museum also consulted with the Wanapum Band, a non-Federally The cultural items are consistent with AGENCY: National Park Service, Interior. recognized Indian group (hereinafter cultural items typically found in context ACTION: Notice. ‘‘The Indian Group’’). with burials in eastern Washington. SUMMARY: The Bureau of Reclamation, History and Description of the Remains Determinations Made by the Burke Phoenix Area Office and Arizona State Museum In 1920, human remains were Museum have completed an inventory of a human remain, in consultation with removed by Dr. F.S. Hall of the Officials of the Burke Museum have Washington State Museum from the Pot the appropriate Indian Tribes, and have determined that: determined that there is a cultural Holes site or Hall Site #7 (later assigned • 45–GR–131) located on the east bank of Pursuant to 25 U.S.C. 3001(9), the affiliation between the human remain the Columbia River, south of Trinidad, human remains described in this notice and present-day Indian Tribes. Grant County, WA. The human remains represent the physical remains of two Representatives of any Indian Tribe that were accessioned by the museum in individuals of Native American believes itself to be culturally affiliated November 1920 (Burke Accn. #1860). In ancestry. with the human remain may contact the Bureau of Reclamation, Phoenix Area 1974, the Burke Museum legally • Pursuant to 25 U.S.C. 3001(3)(A), transferred portions of the human Office. Repatriation of the human the two objects described above are remain to the Indian Tribes stated below remains to Central Washington reasonably believed to have been placed University. In 2007, a Notice of may occur if no additional claimants with or near individual human remains come forward. Inventory Completion (NIC) describing at the time of death or later as part of DATES: Representatives of any Indian 35 individuals and 685 associated the death rite or ceremony. funerary objects removed from the Pot Tribe that believes it has a cultural • Hole site was published in the Federal Pursuant to 25 U.S.C. 3001(2), there affiliation with the human remain Register [72 FR 52391–52392, is a relationship of shared group should contact the Bureau of September 13, 2007]. The Burke identity that can be reasonably traced Reclamation, Phoenix Area Office at the Museum and Central Washington between the Native American human address below by October 19, 2011. University have jointly repatriated these remains and associated funerary objects ADDRESSES: Randy Chandler, Area human remains and funerary objects to and The Tribes and The Indian Group. Manager, Bureau of Reclamation, the culturally affiliated Tribes listed in Phoenix Area Office, 6150 West the NIC. In 2010, the Burke Museum Additional Requestors and Disposition Thunderbird Rd., Glendale, AZ 85306– found an additional two individuals and Representatives of any Indian Tribe 4001. two associated funerary objects from the that believes itself to be culturally SUPPLEMENTARY INFORMATION: Notice is Pot Hole site during an inventory of the affiliated with the human remains and here given in accordance with the University of Washington, Department associated funerary objects should Native American Graves Protection and of Anthropology Collections. No known contact Peter Lape, Burke Museum, Repatriation Act (NAGPRA), 25 U.S.C. individuals were identified. The two 3003, of the completion of an inventory University of Washington, Box 35101, associated funerary objects are one lot of of a human remain in the control of the Seattle, WA 98195, telephone (206) bones (non-human) and one unmodified U.S. Department of the Interior, Bureau 685–3849, before October 19, 2011. rock. of Reclamation, Phoenix Area Office, Early and late published ethnographic Repatriation of the human remains and Phoenix, AZ, and in the physical documentation indicates that the Pot associated funerary objects to The custody of the Arizona State Museum, Hole site is located in the aboriginal Tribes and The Indian Group may University of Arizona, Tucson, AZ. The territory of the Moses-Columbia or proceed after that date if no additional human remain was removed from Pinal Sinkiuse, and the Yakima (Daugherty claimants come forward. County, AZ. 1973, Miller 1998, Mooney 1896, Ray The Burke Museum is responsible for This notice is published as part of the 1936, Spier 1936) whose descendents notifying The Tribes and The Indian National Park Service’s administrative are represented today by the Group that this notice has been responsibilities under NAGPRA, 25 Confederated Tribes of the Colville published. U.S.C. 3003(d)(3). The determinations in Reservation, Washington, and the this notice are the sole responsibility of Confederated Tribes and Bands of the Dated: September 13, 2011. the museum, institution, or Federal Yakama Nation, Washington. Sherry Hutt, agency that has control of the Native Furthermore, information provided Manager, National NAGPRA Program. American human remains. The National during consultation indicates that the [FR Doc. 2011–23900 Filed 9–16–11; 8:45 am] Park Service is not responsible for the aboriginal ancestors occupying this area BILLING CODE 4312–50–P determinations in this notice. were highly mobile and traveled the landscape for gathering resources as Consultation well as trade. Descendents of these A detailed assessment of the human Plateau communities are now widely remain was made by Arizona State

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58036 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Museum professional staff on behalf of have determined that the preponderance areas occupied by the Hopi and Zuni the Bureau of Reclamation, Phoenix of the evidence suggests that the historic and were assimilated into the resident Area Office, in consultation with O’odham groups (The Four Southern populations. Therefore, the evidence representatives of the Ak-Chin Indian Tribes: Ak-Chin Indian Community of suggests that the Hopi and Zuni are also Community of the Maricopa (Ak-Chin) the Maricopa (Ak-Chin) Indian culturally affiliated with the Hohokam. Indian Reservation, Arizona; Gila River Reservation, Arizona; Gila River Indian Indian Community of the Gila River Community of the Gila River Indian Determinations Made by the Bureau of Indian Reservation, Arizona; Hopi Tribe Reservation, Arizona; Salt River Pima- Reclamation, Phoenix Area Office of Arizona; Salt River Pima-Maricopa Maricopa Indian Community of the Salt Indian Community of the Salt River River Reservation, Arizona; and the Officials of the Bureau of Reservation, Arizona; Tohono O’odham Tohono O’odham Nation of Arizona, Reclamation, Phoenix Area Office have Nation of Arizona; and the Zuni Tribe including the San Xavier District) have determined that: of the Zuni Reservation, New Mexico a strong cultural affiliation with the • Pursuant to 25 U.S.C. 3001(9), the (hereinafter referred to as ‘‘The Tribes’’). prehistoric Hohokam who occupied the human remains described in this notice middle Gila Valley and surrounding History and Description of the Remains represent the physical remain of one areas. Great similarities in settlement individual of Native American ancestry. Between February and May 1975, a patterns, economic systems, • Pursuant to 25 U.S.C. 3001(2), there human remain—a mandible fragment— architecture, and material culture point representing one individual was to a close relationship between the is a relationship of shared group removed from a pack rat nest located on Hohokam and the O’odham groups. The identity that can be reasonably traced the talus slope below the mouth of a O’odham were well established along between the Native American human rock shelter, site AZ U: 16:213(ASM), in the rivers and in the deserts when the remain and The Tribes. Pinal County, AZ, during a legally Spanish first arrived in northern Sonora Additional Requestors and Disposition authorized Class III (Intensive) cultural and southern Arizona. resource survey undertaken by the One of the two Pima moieties claims Representatives of any other Indian Arizona State Museum for the Bureau of descent from the Hohokam, while the Tribe that believes itself to be culturally Reclamation. The site is located on the other moiety is said to have descended affiliated with the human remain should north side of Gila River, east of from the ‘‘emergers,’’ those who contact, in writing, Randy Chandler, Florence, and downstream of the overthrew the Hohokam leaders. Area Manager, Bureau of Reclamation, ‘‘Buttes’’ on the Gila River where a Although the O’odham belong to the Phoenix Area Office, 6150 West proposed dam was to be built during the same linguistic group (Piman) as Thunderbird Rd., Glendale, AZ 85306– Central Arizona Project. In 2010, communities in what is now northern 4001, before October 19, 2011. Arizona State Museum reviewed Mexico, shared vocabulary and syntax Repatriation of the human remain to uncatalogued site survey collections, with Yuman language groups along the which revealed the presence of this Colorado River suggests a long-term The Tribes may proceed after that date isolated Native American mandible history of interaction that stretches back if no additional claimants come fragment from a survey on Reclamation into prehistoric times in what is now forward. withdrawn lands along the Middle Gila southern Arizona. The Bureau of Reclamation is River. There have been other Notices of Evidence also shows the affiliation of responsible for notifying The Tribes; Inventory Completion (NICs) published ancestral Zuni and Hopi groups with the Chemehuevi Indian Tribe of the in the Federal Register for the Central prehistoric Hohokam. Interaction is Chemehuevi Reservation, California; Arizona Project (39 FR 8996–9002, indicated by the presence of trade items, Cocopah Tribe of Arizona; Colorado February 27, 2002; 67 FR 45539–45540, particularly ceramics. Such interaction River Indian Tribes of the Colorado July 9, 2002; and 67 FR 78247–78248, continued into protohistoric and early River Indian Reservation, Arizona and December 23, 2002). The materials historic times. In addition to trade, Hopi California; Fort McDowell Yavapai reported in the earlier NICs were and Zuni migration traditions indicate Nation, Arizona; Fort Mohave Indian repatriated to the affiliated Tribes in that clans originating from areas south Tribe of Arizona, California & Nevada; October and November of 2002. No of the Colorado Plateau joined the known individual was identified. No plateau communities late in prehistoric Pascua Yaqui Tribe of Arizona; Quechan associated funerary objects are present. times. These groups contributed Tribe of the Fort Yuma Indian Site AZ U:16:213(ASM) was classified ceremonies, societies, and iconography Reservation, California & Arizona; San as a secondary habitation site, and no to the plateau groups. Both O’odham Carlos Apache Tribe of the San Carlos diagnostic ceramics were present to and Western Pueblo oral traditions Reservation, Arizona; Tonto Apache place the site in a temporal or cultural indicate that some Hohokam groups Tribe of Arizona; White Mountain sequence. Nonetheless, on the basis of may have left the Salt-Gila River Basin Apache Tribe of the Fort Apache archeological context, chronometric, after disastrous floods and social Reservation, Arizona; Yavapai-Apache architectural, ceramic, and other types upheaval. These groups traveled north Nation of the Camp Verde Indian of artifactual evidence at adjacent sites and east, possibly to be assimilated by Reservation, Arizona; and Yavapai- recorded during the survey, AZ the Hopi and Zuni. These ties are Prescott Tribe of the Yavapai U:16:213(ASM) most likely represents a reflected in some of the traditional Reservation, Arizona, that this notice Hohokam occupation of the Middle ceremonies maintained as part of the has been published. Gila. annual ceremonial cycle. Their Evidence provided by ancestors had trade relationships and Dated: September 14, 2011. anthropological, archeological, other likely interactions with the Sherry Hutt, biological, geographical, historical, Hohokam, similar to those found Manager, National NAGPRA Program. kinship, linguistics, and oral tradition between groups in the early historic [FR Doc. 2011–23964 Filed 9–16–11; 8:45 am] sources was considered in determining period. Hopi and Zuni oral traditions BILLING CODE 4312–50–P the cultural affiliation of the human indicate that segments of the prehistoric remain. Bureau of Reclamation officials Hohokam population migrated to the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58037

DEPARTMENT OF THE INTERIOR the following Tribes in 2001, 2010, and/ individuals, while the other 258 or 2011: Arapahoe Tribe of the Wind individuals have been transferred. Since National Park Service River Reservation, Wyoming; Cheyenne that time, the Colorado Historical [2253–665] and Arapaho Tribes, Oklahoma Society received information that has (formerly the Cheyenne-Arapaho Tribes changed the cultural affiliation for both Notice of Inventory Completion for of Oklahoma); Comanche Nation, individuals. Native American Human Remains and Oklahoma; Fort Sill Apache Tribe of Additional information changed the Associated Funerary Objects in the Oklahoma; Hopi Tribe of Arizona; cultural affiliation of one of the Possession of the Colorado Historical Jicarilla Apache Nation, New Mexico; individuals to Ancestral Puebloan. This Society (History Colorado), Denver, Kiowa Indian Tribe of Oklahoma; individual (catalog number UHR.131/ CO; Correction Mescalero Apache Tribe of the 173) that was described in the 2001 NIC, Mescalero Reservation, New Mexico; has now been described in another NIC AGENCY: National Park Service, Interior. Navajo Nation, Arizona, New Mexico & published in the Federal Register (76 ACTION: Notice; correction. Utah; Northern Cheyenne Tribe of the FR 35010–35012, June 15, 2011). The Northern Cheyenne Indian Reservation, transfer of this individual will be to the SUMMARY: This notice corrects the Montana; Oglala Sioux Tribe of the Pine Tribes listed in that 2011 NIC, which are cultural affiliation of two individuals Ridge Reservation, South Dakota; Ohkay different from the 12 Tribes listed in the described in a Notice of Inventory Owingeh, New Mexico (formerly the 2001 NIC. Consequently, the 2001 NIC Completion (NIC) previously published Pueblo of San Juan); Pawnee Nation of is corrected by deleting paragraph 3 at in the Federal Register (34 FR 10906– Oklahoma; Pueblo of Acoma, New page 10907, which references this 10909, February 20, 2001). The Mexico; Pueblo of Cochiti, New Mexico; individual. Colorado Historical Society (History Pueblo of Isleta, New Mexico; Pueblo of With regard to the second individual Colorado) completed an inventory of Jemez, New Mexico; Pueblo of Laguna, (Office of Archaeology and Historic human remains and associated funerary New Mexico; Pueblo of Nambe, New Preservation Case Number 103), the objects, and through additional Mexico; Pueblo of Pojoaque, New Colorado Historical Society conducted consultation with the appropriate Mexico; Pueblo of San Ildefonso, New additional research and determined that Indian Tribes, determined that the Mexico; Pueblo of Santa Ana, New the individual is not culturally affiliated cultural affiliation for two of the 260 Mexico; Pueblo of Santa Clara, New to any present-day Indian Tribe. Thus, individuals described in the previously Mexico; Pueblo of Tesuque, New the individual is determined to be published NIC of February 20, 2001 Mexico; Rosebud Sioux Tribe of the culturally unidentifiable and the (2001 NIC) needed correction. Rosebud Indian Reservation, South disposition will be according to the DATES: Representatives of any other Dakota; Southern Ute Indian Tribe of ‘‘Process for Consultation, Transfer and Indian Tribe that believes it has a the Southern Ute Reservation, Colorado; Reburial of Culturally Unidentifiable cultural affiliation with the human Three Affiliated Tribes of the Fort Native American Human Remains and remains should contact the Colorado Berthold Reservation, North Dakota; Ute Associated Funerary Objects Originating Historical Society at the address below Indian Tribe of the Uintah & Ouray From Inadvertent Discoveries on by October 19, 2011. Reservation, Utah; Ute Mountain Tribe Colorado State and Private Lands.’’ The of the Ute Mountain Reservation, document outlining the process is on ADDRESSES: Bridget Ambler, Curator of Colorado, New Mexico & Utah; Ysleta file at the Colorado Historical Society, Material Culture, 1560 Broadway, Suite Del Sur Pueblo of Texas; and Zuni Tribe and was authorized by the Secretary of 400, Denver, CO 80202, telephone (303) of the Zuni Reservation, New Mexico. the Interior on September 23, 2008. This 866–2303. The following Tribes were invited to individual will be described in a NIC SUPPLEMENTARY INFORMATION: Notice is consult, but did not participate: the and published in the Federal Register, here given in accordance with the Apache Tribe of Oklahoma; Kewa as required by the process since it has Native American Graves Protection and Pueblo, New Mexico (formerly the not been determined to be from Tribal Repatriation Act (NAGPRA), 25 U.S.C. Pueblo of Santo Domingo); Pueblo of or aboriginal land. Consequently, the 3003, of the completion of an inventory Picuris, New Mexico; Shoshone Tribe of 2001 NIC is corrected by deleting of human remains in the possession and the Wind River Reservation, Wyoming; paragraph 1 at page 10908, which control of the Colorado Historical Wichita and Affiliated Tribes (Wichita, references this individual. Society, Denver, CO. The human Keechi, Waco & Tawakonie), Oklahoma; Finally, the 2001 NIC is corrected by remains were removed from Jefferson Pueblo of San Felipe, New Mexico; replacing paragraph 16 at page 10908 County, CO, and San Juan County, UT. Pueblo of Sandia, New Mexico; Pueblo with the following paragraph, thereby This notice is published as part of the of Taos, New Mexico; and Pueblo of Zia, changing the total number of National Park Service’s administrative New Mexico. individuals in the 2001 NIC from 260 to responsibilities under NAGPRA, 25 258, and accurately reflecting the U.S.C. 3003(d)(3). The determinations in History and Description of the Remains changes in determination and this notice are the sole responsibility of Upon preparation for transfer and disposition of these two individuals in the museum, institution, or Federal reburial in July 2001, the designated this notice and the 2011 NIC: agency that has control of the Native Tribal representative for the Ute Based on the above-mentioned American human remains and Mountain Tribe of the Ute Mountain Ute information, officials of the Colorado associated funerary objects. The Reservation, Colorado, New Mexico & Historical Society have determined that, National Park Service is not responsible Utah (the lead Tribe for the 12 Tribes pursuant to 43 CFR 10.2(d)(1), the for the determinations in this notice. listed in the 2001 NIC) requested that human remains listed above represent the Colorado Historical Society (History the physical remains of 258 individuals Consultation Colorado) postpone the transfer of two of Native American ancestry. Officials of A detailed assessment of the human of the 260 individuals and conduct the Colorado Historical Society also remains was made by the Colorado additional research and consultation on have determined that, pursuant to 43 Historical Society professional staff in them. Colorado Historical Society CFR 10.2(d)(2), the 548 objects listed consultation with representatives from remains in possession of these two above are reasonably believed to have

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58038 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

been placed with or near individual Jemez, New Mexico; Pueblo of Laguna, History. Repatriation of the human human remains at the time of death or New Mexico; Pueblo of Nambe, New remains and associated funerary objects later as part of the death rite or Mexico; Pueblo of Picuris, New Mexico; to the Indian Tribe stated below may ceremony. Lastly, pursuant to 43 CFR Pueblo of Pojoaque, New Mexico; occur if no additional claimants come 10.2(e), officials of the Colorado Pueblo of San Felipe, New Mexico; forward. Historical Society have determined that, Pueblo of San Ildefonso, New Mexico; DATES: Representatives of any Indian based upon traditional territories and Pueblo of Sandia, New Mexico; Pueblo Tribe that believes it has a cultural oral traditions, there is a relationship of of Santa Ana, New Mexico; Pueblo of affiliation with the human remains and shared group identity that can be Santa Clara, New Mexico; Pueblo of associated funerary objects should reasonably traced between these Native Taos, New Mexico; Pueblo of Tesuque, contact the Sam Noble Oklahoma American human remains and New Mexico; Pueblo of Zia, New Museum of Natural History at the associated funerary objects and the Mexico; Rosebud Sioux Tribe of the address below by October 19, 2011. Cheyenne-Arapaho Tribes of Oklahoma; Rosebud Indian Reservation, South ADDRESSES: The Director, Sam Noble Comanche Indian Tribe, Oklahoma; Fort Dakota; Shoshone Tribe of the Wind Oklahoma Museum of Natural History, Sill Apache Tribe of Oklahoma; Kiowa River Reservation, Wyoming; Shoshone- 2401 Chautauqua, Norman, OK 73072, Indian Tribe of Oklahoma; Northern Bannock Tribes of the Fort Hall telephone (405) 325–8978. Cheyenne Tribe of the Northern Reservation of Idaho; Southern Ute Cheyenne Indian Reservation, Montana; Indian Tribe of the Southern Ute SUPPLEMENTARY INFORMATION: Notice is Oglala Sioux Tribe of the Pine Ridge Reservation, Colorado; Standing Rock here given in accordance with the Reservation, South Dakota; Pawnee Sioux Tribe of North & South Dakota; Native American Graves Protection and Nation of Oklahoma; Rosebud Sioux Three Affiliated Tribes of the Fort Repatriation Act (NAGPRA), 25 U.S.C. Tribe of the Rosebud Indian Berthold Reservation, North Dakota; Ute 3003, of the completion of an inventory Reservation, South Dakota; Southern Indian Tribe of the Uintah & Ouray of human remains and associated Ute Indian Tribe of the Southern Ute Reservation, Utah; Ute Mountain Tribe funerary objects in the control of the Reservation, Colorado; Three Affiliated of the Ute Mountain Reservation, U.S. Department of the Interior, Bureau Tribes of the Fort Berthold Reservation, Colorado, New Mexico & Utah; Wichita of Indian Affairs, Washington, DC, and North Dakota; Ute Indian Tribe of the and Affiliated Tribes (Wichita, Keechi, in the possession of the Sam Noble Uintah & Ouray Reservation, Utah; and Waco & Tawakonie), Oklahoma; Ysleta Oklahoma Museum of Natural History, Ute Mountain Tribe of the Ute Mountain Del Sur Pueblo of Texas; and Zuni Tribe University of Oklahoma, Norman, OK. Reservation, Colorado, New Mexico & of the Zuni Reservation, New Mexico, The human remains and associated Utah. that this notice has been published. funerary objects were removed from Bryan County, OK. Additional Requestors and Disposition Dated: September 14, 2011. This notice is published as part of the Representatives of any other Indian David Tarler, National Park Service’s administrative Tribe that believes itself to be culturally Acting Manager, National NAGPRA Program. responsibilities under NAGPRA, 25 affiliated with the human remains or [FR Doc. 2011–23971 Filed 9–16–11; 8:45 am] U.S.C. 3003(d)(3). The determinations in believes that it satisfies the criteria in 43 BILLING CODE 4312–50–P this notice are the sole responsibility of CFR 10.1(c)(1) should contact Bridget the museum, institution, or Federal Ambler, Curator of Material Culture, agency that has control of the Native Colorado Historical Society, 1560 DEPARTMENT OF THE INTERIOR American human remains and Broadway, Suite 400, Denver, CO 80202, associated funerary objects. The telephone (303) 866–2303], before National Park Service National Park Service is not responsible October 19, 2011. [2253–665] for the determinations in this notice. The Colorado Historical Society is Consultation responsible for notifying the Apache Notice of Inventory Completion: U.S. Tribe of Oklahoma; Arapahoe Tribe of Department of the Interior, Bureau of A detailed assessment of the human the Wind River Reservation, Wyoming; Indian Affairs, Washington, DC and remains was made by the Sam Noble Cheyenne and Arapaho Tribes of Sam Noble Oklahoma Museum of Oklahoma Museum of Natural History Oklahoma; Cheyenne River Sioux Tribe Natural History, University of professional staff in consultation with of the Cheyenne River Reservation, Oklahoma, Norman, OK the Oklahoma State Archeologist and South Dakota; Comanche Nation, representatives of the Chickasaw Oklahoma; Crow Tribe of Montana; AGENCY: National Park Service, Interior. Nation, Oklahoma. The Choctaw Nation Crow Creek Sioux Tribe of the Crow ACTION: Notice. of Oklahoma also examined the cultural Creek Reservation, South Dakota; Fort items, but did not express an interest in Sill Apache Tribe of Oklahoma; Hopi SUMMARY: The Bureau of Indian Affairs being a part of the NAGPRA Tribe of Arizona; Jicarilla Apache and Sam Noble Oklahoma Museum of consultation. Nation, New Mexico; Kewa Pueblo, New Natural History have completed an Mexico; Kiowa Indian Tribe of inventory of human remains and History and Description of the Remains Oklahoma; Mescalero Apache Tribe of associated funerary objects, in In 1941, human remains representing the Mescalero Reservation, New Mexico; consultation with the appropriate a minimum of one individual were Navajo Nation, Arizona, New Mexico & Indian Tribes, and have determined that removed from an unidentified context Utah; Northern Cheyenne Tribe of the there is a cultural affiliation between the near a former refuse area at Fort Washita Northern Cheyenne Indian Reservation, human remains and associated funerary (Colbert Site, 34Br-6), in Bryan County, Montana; Oglala Sioux Tribe of the Pine objects and a present-day Indian Tribe. OK, by Works Progress Administration Ridge Reservation, South Dakota; Ohkay Representatives of any Indian Tribe that employees. Fort Washita was Owingeh, New Mexico; Pawnee Nation believes itself to be culturally affiliated abandoned by the War Department after of Oklahoma; Pueblo of Acoma, New with the human remains and associated the Civil War. Five years later the land Mexico; Pueblo of Cochiti, New Mexico; funerary objects may contact the Sam was turned over to the Chickasaw Pueblo of Isleta, New Mexico; Pueblo of Noble Oklahoma Museum of Natural Nation. The property was subsequently

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58039

allotted to Abbie Davis Colbert and her archeological and historic context of the associated funerary objects should son, Douglas, in 1906 and 1908. The remains. This site is adjacent to (or more contact the Director, Sam Noble Colbert family retained the property likely a part of) the use area of historic Oklahoma Museum of Natural History, until they sold it to the State of Fort Washita, which was established by 2401 Chautauqua, Norman, OK 73072, Oklahoma in 1962. The remains and the U.S. Government to protect telephone (405) 325–8978, before funerary objects were transferred to the southeastern removal Tribes (e.g., October 19, 2011. Repatriation of the the Stovall Museum of Science and Chickasaw and Choctaw) from human remains and associated funerary History, now called the Sam Noble depredations by whites (principally objects to the Chickasaw Nation, Oklahoma Museum of Natural History. from Texas) and Plains Indian groups Oklahoma, may proceed after that date No known individual was identified. (such as the Apache and Comanche). if no additional claimants come The 1,532 associated funerary objects Many Chickasaw congregated around forward. are 33 points, 2 drills, 13 biface Fort Washita for protection as well as The Sam Noble Oklahoma Museum of fragments, 4 bifaces, 119 flakes, 17 for the economic goods available there. Natural History is responsible for blocky debris, 1 hammerstone, 2 manos, Thus, the resident community of Fort notifying the Chickasaw Nation, 1 groundstone fragment, 1 pottery bowl Washita consisted of white soldiers; Oklahoma, that this notice has been fragment, 7 undecorated pottery rim individuals related to post personnel; published. sherds, 51 undecorated pottery body traders who operated outside the post; Dated: September 14, 2011. Native Americans (mostly Chickasaws) sherds, 2 pottery body sherds, 1 pottery Sherry Hutt, who settled around the post; and blacks base sherd, 2 pieces of daub, 3 pieces of Manager, National NAGPRA Program. baked clay, 8 buttons, 2 toothbrush who were slaves of the more affluent fragments, 1 knife handle, 1 knife Chickasaws. Although the records do [FR Doc. 2011–23969 Filed 9–16–11; 8:45 am] handle fragment, 1 worked animal bone not specifically address the presence of BILLING CODE 4312–50–P fragment, 397 animal bone fragments, 11 human remains from the excavation, the long bones were found in physical burned animal bone fragments, 2 boar DEPARTMENT OF THE INTERIOR tusks, 35 animal teeth fragments, 2 association with the other materials mussel shell fragments, 30 ceramic rim from 34Br6. The materials recovered National Park Service sherds, 3 ceramic handle fragments, 3 from 34Br6 are those that would be ceramic handle sherds, 96 ceramic body typically associated with refuse [2253–665] sherds, 24 ceramic base sherds, 1 disposal, and this refuse area can be Notice of Inventory Completion: ceramic base fragment, 398 pipestem identified as principally Native Thomas Burke Memorial Washington fragments, 6 burned pipestem American in origin (probably State Museum, University of fragments, 80 pipe bowl fragments, 9 Chickasaw). This is due to an absence Washington, Seattle, WA burned pipe bowl fragments, 2 pipe of military hardware and the presence of fragments, 4 clay marbles, 16 beads, 11 aboriginal historic ceramics and glass AGENCY: National Park Service, Interior. glass beads, 1 glass ornament, 1 glass beads although European goods are also ACTION: Notice. stopper, 2 glass stopper fragments, 43 abundant within the midden. These glass bottle fragments, 3 melted glass facts indicate that the individual from SUMMARY: The Thomas Burke Memorial fragments, 1 molded glass bottle the burial is most likely a person of Washington State Museum (Burke fragment, 3 iron fork fragments, 1 iron Chickasaw cultural affiliation. Museum), has completed an inventory of human remains, in consultation with knife fragment with bone handle, 1 iron Determinations Made by the the appropriate Indian Tribes, and has handle, 1 iron handle fragment, 1 iron Department of the Interior, Bureau of determined that there is a cultural bowl fragment, 2 iron keys, 1 iron hinge, Indian Affairs and Sam Noble affiliation between the human remains 1 iron gun hammer, 2 iron gun pieces, Oklahoma Museum of Natural History 1 fish hook, 12 nails, 1 iron ring, 1 and present-day Indian Tribes. coffee mill, 1 possible iron file, 1 large Officials of the Department of the Representatives of any Indian Tribe that iron tack, 4 iron rods, 3 unidentified Interior, Bureau of Indian Affairs and believes itself to be culturally affiliated iron fragments, 1 metal tube, 1 scissors Sam Noble Oklahoma Museum of with the human remains may contact Natural History have determined that: the Burke Museum. Repatriation of the fragment, 1 finial fragment, 1 brass gun • ring, 2 brass hinges, 2 water taps, 1 brass Pursuant to 25 U.S.C. 3001(9), the human remains to the Indian Tribes buckle, 2 percussion caps, 1 brass human remains described above stated below may occur if no additional fragment, 2 possible copper fragments, 2 represent the physical remains of one claimants come forward. individual of Native American ancestry. lead musket balls, 1 lead bullet, 1 lead DATES: Representatives of any Indian • Pursuant to 25 U.S.C. 3001(3)(A), slug, 2 lead chunks, 1 lead rod, 1 spoon Tribe that believes it has a cultural the 1,532 objects described above are handle, 2 spoon fragments, 2 coins, 1 affiliation with the human remains reasonably believed to have been placed metal ornament, 1 piece of plaster or should contact the Burke Museum at the with or near individual human remains concrete, 2 fossils, 9 rocks, 1 rock address below by October 19, 2011. at the time of death or later as part of fragment, 1 sandstone fragment, and 1 the death rite or ceremony. ADDRESSES: Peter Lape, Burke Museum, unidentified stone. • Pursuant to 25 U.S.C. 3001(2), there University of Washington, Box 353010, The skeletal remains consist of is a relationship of shared group Seattle, WA 98195–3010, telephone fragmentary long bones and cannot be identity that can be reasonably traced (206) 685–3849. used to conclusively establish cultural between the Native American human SUPPLEMENTARY INFORMATION: Notice is affiliation. The physical relationship of remains and associated funerary objects here given in accordance with the the remains to a particular population and the Chickasaw Nation, Oklahoma. Native American Graves Protection and group (e.g., Native American, European, Repatriation Act (NAGPRA), 25 U.S.C. or African) could not be established. Additional Requestors and Disposition 3003, of the completion of an inventory However, affiliation of the remains can Representatives of any other Indian of human remains in the possession of be established with some degree of Tribe that believes itself to be culturally the Burke Museum, University of confidence through examination of the affiliated with the human remains and Washington, Seattle, WA. The human

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58040 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

remains were removed from Kittitas the Moses-Columbia or Sinkiuse, and INTERNATIONAL TRADE County, WA. the Yakima (Daugherty 1973, Miller COMMISSION This notice is published as part of the 1998, Mooney 1896, Ray 1936, Spier National Park Service’s administrative [Investigation Nos. 731–TA–825 and 826; 1936) whose descendants are Second Review] responsibilities under NAGPRA, 25 represented today by the Confederated U.S.C. 3003(d)(3). The determinations in Tribes of the Colville Reservation, Certain Polyester Staple Fiber From this notice are the sole responsibility of Washington, and the Confederated Korea and Taiwan the museum, institution, or Federal Tribes and Bands of the Yakama Nation, agency that has control of the Native Determination Washington. Furthermore, information American human remains. The National provided during consultation indicates On the basis of the record 1 developed Park Service is not responsible for the in the subject five-year reviews, the determinations in this notice. that the aboriginal ancestors occupying this area were highly mobile and United States International Trade Consultation traveled the landscape for gathering Commission (Commission) determines, A detailed assessment of the human resources as well as trade. Descendants pursuant to section 751(c) of the Tariff remains was made by the Burke of these Plateau communities are now Act of 1930 (19 U.S.C. 1675(c)), that Museum professional staff in widely dispersed and enrolled in the revocation of the antidumping duty consultation with representatives of the two Tribes mentioned above, as well as orders on certain polyester staple fiber from Korea and Taiwan would be likely Confederated Tribes of the Colville the Nez Perce Tribe, Idaho; to lead to continuation or recurrence of Reservation, Washington; Confederated Confederated Tribes of the Umatilla material injury to an industry in the Tribes of the Umatilla Indian Indian Reservation, Oregon; Reservation, Oregon; Confederated United States within a reasonably Confederated Tribes of the Warm foreseeable time. Tribes of the Warm Springs Reservation Springs Reservation of Oregon; and the of Oregon; Confederated Tribes and Wanapum Band, a non-Federally Background Bands of the Yakama Nation, recognized Indian group. Washington; and the Nez Perce Tribe, The Commission instituted these Idaho (hereinafter ‘‘The Tribes’’). The Determinations Made by the Burke reviews on March 1, 2011 (76 FR 11268) Burke Museum also consulted with the Museum and determined on June 6, 2011 that it Wanapum Band, a non-Federally would conduct expedited reviews ( recognized Indian group (hereinafter Officials of the Burke Museum have 76 FR 37830, June 28, 2011). ‘‘The Indian Group’’). determined that: The Commission transmitted its determination in these reviews to the • Pursuant to 25 U.S.C. 3001(9), the History and Description of the Remains Secretary of Commerce on September human remains described in this notice 13, 2011. The views of the Commission In 1953–1954, human remains and represent the physical remains of one funerary objects were removed from the are contained in USITC Publication individual of Native American ancestry. Cedar Cave Site (45–KT–20), in Kittitas 4257 (September 2011), entitled Certain County, WA, during a University of • Pursuant to 25 U.S.C. 3001(2), there Polyester Staple Fiber From Korea and Washington Field Expedition led by Dr. is a relationship of shared group Taiwan: Investigation Nos. 731–TA–825 Earl Swanson, Jr. The human remains identity that can be reasonably traced and 826 (Second Review). and funerary objects were transferred between the Native American human By order of the Commission. remains and The Tribes and The Indian from the University of Washington Issued: September 13, 2011. Department of Anthropology and Group. James R. Holbein, accessioned by the Burke Museum in 1966 (Burke Accn. #1966–95). In 1974, Additional Requestors and Disposition Secretary to the Commission. [FR Doc. 2011–23907 Filed 9–16–11; 8:45 am] the Burke Museum legally transferred Representatives of any Indian Tribe BILLING CODE 7020–02–P portions of the human remains to that believes itself to be culturally Central Washington University. In 2007, affiliated with the human remains a Notice of Inventory Completion (NIC) should contact Peter Lape, Burke describing 4 individuals and 42 INTERNATIONAL TRADE Museum, University of Washington, Box associated funerary objects removed COMMISSION 35101, Seattle, WA 98195, telephone from the Cedar Cave site was published [Investigation No. 337–TA–650] (206) 685–3849, before October 19, in the Federal Register [72 FR 52391– 52392, September 13, 2007]. The Burke 2011. Repatriation of the human Certain Coaxial Cable Connectors and Museum and Central Washington remains to The Tribes and The Indian Components Thereof and Products University have jointly repatriated these Group may proceed after that date if no Containing Same; Notice of Issuance human remains and funerary objects additional claimants come forward. of a General Exclusion Order for U.S. from the Cedar Cave site described in The Burke Museum is responsible for Patent No. 5,470,257 the NIC. In 2009, during a collection notifying The Tribes and The Indian AGENCY: U.S. International Trade cataloging and rehousing project, the group that this notice has been Commission. Burke Museum located one human published. tooth, representing an additional ACTION: Notice. Dated: September 13, 2011. individual, which had also been Sherry Hutt, SUMMARY: Notice is hereby given that removed from the Cedar Cave Site. No the U.S. International Trade Manager, National NAGPRA Program. known individual was identified. There Commission has determined to issue a are no associated funerary objects for [FR Doc. 2011–23902 Filed 9–16–11; 8:45 am] general exclusion order for U.S. Patent this individual. BILLING CODE 4312–50–P Early and late published ethnographic 1 The record is defined in sec. 207.2(f) of the documentation indicates that the Cedar Commission’s Rules of Practice and Procedure Cave Site is in the aboriginal territory of (19 CFR 207.2(f)).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58041

No. 5,470,257 (‘‘the ‘257 patent’’) infringement of the ‘257 patent by the 337 of the Tariff Act of 1930, as following a remand from the United defaulting respondents and no amended (19 U.S.C. 1337), and in Part States Court of Appeals for the Federal infringement by the active respondents. 210 of the Commission’s Rules of Circuit (‘‘Federal Circuit’’) in John The Commission nevertheless found no Practice and Procedure (19 CFR part Mezzalingua Associates v. Int’l Trade violation of section 337 because it found 210). Comm’n, 2011 U.S. App. LEXIS 8806 no domestic industry for the ‘257 Issued: September 13, 2011. patent. Having found no violation, the (Fed. Cir. Apr. 28, 2011). By order of the Commission. Commission did not make a remedy FOR FURTHER INFORMATION CONTACT: James R. Holbein, Michelle Klancnik, Office of the General determination for the ‘257 patent. Secretary to the Commission. Counsel, U.S. International Trade Complainant PPC appealed to the Commission, 500 E Street, SW., Federal Circuit. In John Mezzalingua [FR Doc. 2011–23894 Filed 9–16–11; 8:45 am] Washington, DC 20436, telephone (202) Associates v. International Trade BILLING CODE 7020–02–P 708–5468. Copies of non-confidential Commission, 2011 U.S. App. LEXIS documents filed in connection with this 8806 (Fed. Cir. Apr. 28, 2011), the Federal Circuit reversed the INTERNATIONAL TRADE investigation are or will be available for COMMISSION inspection during official business Commission’s finding of no violation, hours (8:45 a.m. to 5:15 p.m.) in the entered a judgment of violation, and [Inv. No. 337–TA–806] Office of the Secretary, U.S. remanded the investigation to the International Trade Commission, 500 E Commission for proceedings consistent Certain Digital Televisions Containing Street, SW., Washington, DC 20436, with its opinion. The Federal Circuit’s Integrated Circuit Devices and telephone (202) 205–2000. General mandate issued on June 30, 2011. Components Thereof; Notice of On July 18, 2011, the Commission information concerning the Commission Institution of Investigation; Institution issued a notice requesting comments may also be obtained by accessing its of Investigation Pursuant to 19 U.S.C. from the parties regarding how to Internet server at http://www.usitc.gov. 1337 proceed with the investigation following The public record for this investigation the remand from the Federal Circuit. On AGENCY: U.S. International Trade may be viewed on the Commission’s July 29, 2011, PPC filed a response to Commission. electronic docket (EDIS) at http:// the Commission’s notice. On August 1, ACTION: Notice. edis.usitc.gov. Hearing-impaired 2011, the Commission investigative persons are advised that information on attorney filed a response to the SUMMARY: Notice is hereby given that a this matter can be obtained by Commission’s notice. complaint was filed with the U.S. contacting the Commission’s TDD Having reviewed the record to the International Trade Commission on terminal on (202) 205–1810. investigation including all relevant August 12, 2011, under section 337 of SUPPLEMENTARY INFORMATION: The submissions, the Commission has the Tariff Act of 1930, as amended, 19 Commission instituted this investigation determined that the appropriate form of U.S.C. 1337, on behalf of Renesas on May 30, 2008, based on a complaint remedy is a general exclusion order. The Electronics Corporation of Japan and filed by John Mezzalingua Associates, general exclusion order prohibits the 511 Technologies, Inc. of Marshall, Inc. d/b/a PPC, Inc. of East Syracuse, unlicensed entry of coaxial cable Texas. Letters supplementing the New York (‘‘PPC’’). 73 FR 31145 (May connectors and components thereof and complaint were filed on September 1, 30, 2008). The complaint alleged products containing the same that 2011 and September 6, 2011. The violations of section 337 of the Tariff infringe claim 1 and/or 5 of the ‘257 complaint alleges violations of section Act of 1930 (19 U.S.C. 1337) in the patent. 337 based upon the importation into the importation into the United States, the The Commission further determined United States, the sale for importation, sale for importation, and the sale within that the public interest factors and the sale within the United States the United States after importation of enumerated in section 337(d) (19 U.S.C. after importation of certain digital certain coaxial cable connectors and 1337(d)) do not preclude issuance of the televisions containing integrated circuit components thereof and products general exclusion order. Finally, the devices and components thereof by containing the same by reason of Commission determined that the reason of infringement of certain claims infringement of various United States amount of bond during the Presidential of U.S. Patent No. 7,199,432 (‘‘the ‘432 Patents, including the ‘257 patent. The review period (19 U.S.C. 1337(j)) shall patent’’) and U.S. Patent No. 6,531,400 complaint named eight respondents. be in the amount of thirteen (13) cents (‘‘the ‘400 patent’’). The complaint After institution, two respondents were per coaxial connector of the defaulting further alleges that an industry in the terminated based on consent orders and respondents—Hanjiang Fei Yu United States exists as required by four respondents were found to be in Electronics Equipment Factory of China, subsection (a)(2) of section 337. default (‘‘defaulting respondents’’). Two Zhongguang Electronics of China, The complainants request that the respondents, Fu-Ching Technical Yangzhou Zhongguang Electronics Co. Commission institute an investigation Industry, Co., Ltd. and Gem Electronics, of China, and Yangzhou Zhongguang and, after the investigation, issue an Inc. (‘‘the active respondents’’), Foreign Trade Co. Ltd. of China. A bond exclusion order and a cease and desist remained active. in the amount of zero is required for any order. On October 13, 2009, the presiding other coaxial cable connector or ADDRESSES: The complaint, except for administrative law judge issued a final component thereof or product any confidential information contained initial determination (‘‘ID’’) and a containing the same covered by the therein, is available for inspection recommended determination on remedy general exclusion order. The during official business hours (8:45 a.m. and bonding. The Commission Commission’s order was delivered to to 5:15 p.m.) in the Office of the determined to review the final ID in the President and the United States Secretary, U.S. International Trade part. Trade Representative on the day of its Commission, 500 E Street, SW., Room On March 31, 2010, the Commission issuance. 112, Washington, DC 20436, telephone found no violation of section 337 for the The authority for the Commission’s (202) 205–2000. Hearing impaired ‘257 patent. The Commission found determination is contained in section individuals are advised that information

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58042 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

on this matter can be obtained by U.S. International Trade Commission, Pennsylvania. The Consent Decree contacting the Commission’s TDD shall designate the presiding obligates the Settling Defendants to pay terminal on (202) 205–1810. Persons Administrative Law Judge. a total of $830,000 which the United with mobility impairments who will Responses to the complaint and the States and Pennsylvania will share in need special assistance in gaining access notice of investigation must be reimbursement of past response costs to the Commission should contact the submitted by the named respondent in each has incurred at the Sites. The Office of the Secretary at (202) 205– accordance with section 210.13 of the United States will receive 75% of this 2000. General information concerning Commission’s Rules of Practice and amount, and Pennsylvania will receive the Commission may also be obtained Procedure, 19 CFR 210.13. Pursuant to 25%. Pennsylvania will file a separate by accessing its Internet server at 19 CFR 201.16(d)–(e) and 210.13(a), complaint and consent decree in order http://www.usitc.gov. The public record such responses will be considered by to effectuate its settlement with the for this investigation may be viewed on the Commission if received not later Settling Defendants. The settlement also the Commission’s electronic docket than 20 days after the date of service by contains provisions by which the (EDIS) at http://edis.usitc.gov. the Commission of the complaint and United States would receive at least FOR FURTHER INFORMATION CONTACT: The the notice of investigation. Extensions of Office of Unfair Import Investigations, time for submitting responses to the 65% of the proceeds of any future U.S. International Trade Commission, complaint and the notice of recovery on insurance policies related to telephone (202) 205–2560. investigation will not be granted unless business operations at the Sites. Authority: The authority for institution of good cause therefor is shown. The Department of Justice will receive this investigation is contained in section 337 Failure of the respondent to file a for a period of thirty (30) days from the of the Tariff Act of 1930, as amended, and timely response to each allegation in the date of this publication comments in section 210.10 of the Commission’s Rules complaint and in this notice may be relating to the Consent Decree. of Practice and Procedure, 19 CFR 210.10 deemed to constitute a waiver of the Comments should be addressed to the (2011). right to appear and contest the Assistant Attorney General, Scope of Investigation: Having allegations of the complaint and this Environment and Natural Resources considered the complaint, the U.S. notice, and to authorize the Division, and either e-mailed to International Trade Commission, on administrative law judge and the [email protected] or September 12, 2011, ordered that— Commission, without further notice to mailed to P.O. Box 7611, U.S. (1) Pursuant to subsection (b) of the respondent, to find the facts to be as Department of Justice, Washington, DC alleged in the complaint and this notice section 337 of the Tariff Act of 1930, as 20044–7611, and should refer to United and to enter an initial determination amended, an investigation be instituted States of America v. CDS Investment and a final determination containing to determine whether there is a Co., et al., Civil Action No. 2:11–cv– such findings, and may result in the violation of subsection (a)(1)(B) of 5696, D.J. Ref. 90–11–3–1604/1. section 337 in the importation into the issuance of an exclusion order or a cease United States, the sale for importation, and desist order or both directed against During the public comment period, or the sale within the United States after the respondent. the Consent Decree may be examined on importation of certain digital televisions By order of the Commission. the following Web site, http:// containing integrated circuit devices Issued: September 13, 2011. www.usdoj.gov/enrd/ Consent_Decrees.html, maintained by and components thereof that infringe James R. Holbein, the Department of Justice. A copy of the one or more of claims 9, 10, 12, 31, 32, Secretary to the Commission. and 35 of the ‘432 patent and claims 6– Consent Decree may also be obtained by [FR Doc. 2011–23890 Filed 9–16–11; 8:45 am] 10 of the ‘400 patent, and whether an mail from the Consent Decree Library, industry in the United States exists as BILLING CODE 7020–02–P P.O. Box 7611, U.S. Department of required by subsection (a)(2) of section Justice, Washington, DC 20044–7611 or 337; by faxing or e-mailing a request to Tonia DEPARTMENT OF JUSTICE (2) For the purpose of the Fleetwood ([email protected]), investigation so instituted, the following Notice of Lodging of Consent Decree fax no. (202) 514–0097, phone are hereby named as parties upon which Under the Comprehensive confirmation number (202) 514–1547. In this notice of investigation shall be Environmental Response, requesting a copy from the Consent served: Decree Library, please enclose a check (a) The complainants are: Compensation, and Liability Act in the amount of $8.50 (@ 25 cents per Renesas Electronics Corporation, Notice is hereby given that on page reproduction cost) payable to the Nippon Building, 2–6–2, Ote-machi, September 12, 2011, a proposed Consent U.S. Treasury or, if by e-mail or fax, Chiyoda-ku, Tokyo 100–0004, Japan; Decree in United States of America v. 511 Technologies, Inc., 511 N. forward a check in that amount to the CDS Investment Co., et al., Civil Action Consent Decree Library at the stated Washington Avenue, Marshall, TX No. 2:11–cv–5696, D.J. Ref. 90–11–3– address. 75670. 1604/1, was lodged with the United (b) The respondent is the following States District Court for the Eastern Robert Brook, entity alleged to be in violation of District of Pennsylvania. Assistant Chief, Environmental Enforcement section 337, and is the party upon In this action the United States sought Section, Environment and Natural Resources which the complaint is to be served: reimbursement of response costs Division. Vizio, Inc., 39 Tesla, Irvine, CA 92618. incurred and to be incurred in [FR Doc. 2011–23957 Filed 9–16–11; 8:45 am] (c) The Office of Unfair Import connection with the release or BILLING CODE 4410–15–P Investigations, U.S. International Trade threatened release of hazardous Commission, 500 E Street, SW., Suite substances at the AIW Frank/Mid- 401, Washington, DC 20436; and County Mustang Superfund Site (the (3) For the investigation so instituted, ‘‘Site’’) located near Exton, West the Chief Administrative Law Judge, Whiteland Township, Chester County,

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58043

DEPARTMENT OF JUSTICE comments relating to the Modification. Columbia, Missouri. The Complaint Comments should be addressed to the alleged that the defendants violated Notice of Lodging of Modification to Assistant Attorney General, conditions of National Pollutant Consent Decree Under the Environment and Natural Resources Discharge Elimination System Comprehensive Environmental Division, and either e-mailed to (‘‘NPDES’’) storm water permits issued Response, Compensation, and Liability [email protected] or by the State of Missouri. Construction is Act mailed to P.O. Box 7611, U.S. complete. Department of Justice, Washington, DC Notice is hereby given that on 20044–7611, and should refer to United By signing the proposed Stipulation, September 12, 2011, a proposed States v. City of Newburgh, et al., D.J. the defendants certify that they have modification (‘‘Modification’’) to the Ref. 90–11–3–07979/2. ceased the violations alleged in the Consent Decree in United States v. City The Modification may be examined at Complaint. In addition, the proposed of Newburgh, et al., Civil Action No. 08 the Office of the United States Attorney, Stipulation will require the defendants Civ. 7378 (‘‘Consent Decree’’) was 86 Chambers Street, 3rd Floor, New will pay a $430,000 civil penalty for the lodged with the United States District York, New York 10007, and at U.S. EPA violations. Court for the Southern District of New Region 2, Office of Regional Counsel, York. For thirty (30) days after the date of 290 Broadway, New York, New York this publication, the Department of The Modification resolves the claims 10007–1866. During the public Justice will receive comments relating to of the United States, on behalf of the comment period, the Modification may the proposed Stipulation. Comments Environmental Protection Agency also be examined on the following (‘‘EPA’’), under Sections 107 and 113 of Department of Justice Web site, http:// should be addressed to the Assistant the Comprehensive Environmental www.usdoj.gov/enrd/ Attorney General, Environment and Response, Compensation, and Liability Consent_Decrees.html. A copy of the Natural Resources Division, and either Act of 1980, as amended, 42 U.S.C. 9607 Modification may also be obtained by e-mailed to pubcomment- and 9613, against thirty-two potentially mail from the Consent Decree Library, [email protected] or mailed to P.O. responsible parties (the ‘‘Other Settling P.O. Box 7611, U.S. Department of Box 7611, U.S. Department of Justice, Parties’’) who arranged for scrap metal Justice, Washington, DC 20044–7611 or Washington, DC 20044–7611. The containing hazardous substances to be by faxing or e-mailing a request to Tonia comments should refer to United States transported to the Consolidated Iron and Fleetwood ([email protected]), v. The Links at Columbia and Lindsey Metal Company Superfund Site (the fax no. (202) 514–0097, phone Construction Company, D.J. Ref. No. 90– ‘‘Site’’) for treatment or disposal. The confirmation number (202) 514–1547. In 5–1–1–09277. Site is a former junkyard and scrap requesting a copy from the Consent metal processing facility located in the During the public comment period, Decree Library, please enclose a check the proposed Stipulation may be City of Newburgh, New York. in the amount of $4.75 (25 cents per examined at the Office of the United Consolidated Iron and Metal Company, page reproduction cost) payable to the States Attorney, Western District of Inc. (‘‘Consolidated’’) operated the U.S. Treasury or, if by e-mail or fax, Missouri, Charles Evans Whittaker facility from the 1950s until 1999. forward a check in that amount to the In the course of processing scrap Consent Decree Library at the stated Courthouse, 400 East Ninth Street, metal materials, Consolidated address. Room 5510, Kansas City, Missouri contaminated the Site with hazardous 64106, or on the Department of Justice substances, including lead, Ronald Gluck, Web site, http://www.usdoj.gov/enrd/ polychlorinated biphenyls and volatile Assistant Section Chief, Environmental Consent_Decrees.html. A copy may be organic compounds. Consolidated is Enforcement Section, Environment and obtained by mailing a request to the now a defunct company. Natural Resources Division. Consent Decree Library, P.O. Box 7611, The original 2009 Consent Decree [FR Doc. 2011–23834 Filed 9–16–11; 8:45 am] U.S. Department of Justice, Washington, provides that the five settling BILLING CODE 4410–15–P DC 20044–7611. When requesting a defendants who are parties to that copy by mail, please enclose a check Consent Decree (the ‘‘Defendants’’) may DEPARTMENT OF JUSTICE payable to the U.S. Treasury in the enter into settlements with other amount of $26.50 (25 cents per page potentially responsible parties at the Notice of Lodging of Stipulation of reproduction cost). A copy may also be Site, and present such parties to EPA for Settlement and Judgment Pursuant to obtained by e-mailing or faxing a potential inclusion in the Consent the Clean Water Act request to Tonia Fleetwood, Decree by amendment or separate [email protected], fax number agreement. Pursuant to the Consent On August 31, 2011, a proposed Decree, the Defendants entered into Stipulation of Settlement and Judgment (202) 514–0097, phone confirmation settlement agreements with the Other (the ‘‘Stipulation’’) in United States v. number (202) 514–1547, and mailing a Settling Parties and presented these The Links at Columbia, LP and Lindsey check for the reproduction cost to the parties to EPA for inclusion in the Construction Company, Inc., No. 2:11– Consent Decree Library. Consent Decree. Pursuant to the cv–04232–NKL, was lodged with the Robert E. Maher, Jr., Modification, the Other Settling Parties United States District Court for the Assistant Section Chief, Environmental will pay $200,400 to the United States, Western District of Missouri. Both Enforcement Section, Environment and which represents 50 percent of the net defendants signed the proposed Natural Resources Division. settlement proceeds. The Other Settling Stipulation. [FR Doc. 2011–23946 Filed 9–16–11; 8:45 am] Parties will receive contribution In this action the United States sought protection and a covenant not to sue a civil penalty for violations of the BILLING CODE 4410–15–P from the United States for the Site. Clean Water Act, 33 U.S.C. 1251, et seq., The Department of Justice will in the course of the defendants’ receive, for a period of thirty (30) days construction of The Links at Columbia, from the date of this publication, a large residential development in

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00097 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58044 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

DEPARTMENT OF LABOR Based on these findings, the In accordance with Section 223 of the Department is amending this Trade Act of 1974, as amended (‘‘Act’’), Employment and Training certification to include workers from 19 U.S.C. 2273, the Department of Labor Administration Insphere Insurance Solutions, Inc. issued a Certification of Eligibility To [TA–W–74,859] working on-site at the North Richland Apply for Worker Adjustment Hills, Texas location of the subject firm. Assistance on August 26, 2009, Amended Certification Regarding The intent of the Department’s applicable to workers of Klaussner Eligibility To Apply for Worker certification is to include all workers of Furniture Industries, Inc., Plant #3, Adjustment Assistance; The Mega Life the subject firm who were adversely Asheboro, North Carolina and Klaussner & Health Ins. Co., a Subsidiary of affected by the acquisition of services Furniture Industries, Inc., Plant #33, Healthmarkets, Inc., Including Workers from a foreign country. Asheboro, North Carolina. The workers Whose Unemployment Insurance (UI) The amended notice applicable to cut fabric for upholstered household Wages Are Paid Through Insphere TA–W–74,859 is hereby issued as goods. The notice was published in the Insurance Solutions, Inc., Including follows: Federal Register on November 5, 2009 On-Site Leased Workers From All workers of MEGA Life & Health Ins., (74 FR 57340). Computer Solutions and Software Co., a subsidiary of HealthMarkets, Inc., At the request of a company official, International, Inc., Dell Service Sales, including workers whose unemployment the Department reviewed the Emdeon Business Services, KFORCE, insurance (UI) wages are paid through certification for workers of the subject Microsoft, Pariveda Solutions, Inc., Insphere Insurance Solutions, Inc., including firm. Perot Systems, Corp., Premius Credit on-site leased workers from Computer Corp., Socrates, Inc., Sogeti USA, LLC, Solutions and Software International, Inc., New information shows that the the Z Group, Inc., Verizon, Viant Dell Service Sales, Emdeon Business Asheboro, North Carolina locations of Payments Systems, and Insphere Services, KFORCE, Microsoft, Pariveda Klaussner Furniture Industries, Inc., Solutions, Inc., Perot Systems Corp., supplied fabric and the cut wood parts Insurance Solutions, Inc., North Premium Credit Corp., Socrates, Inc., Sogeti Richland Hills, TX for the Milford, Iowa location to USA, LLC, The Z Group, Inc., Verizon, Viant assemble frames and upholstered the Payments Systems, and Insphere Insurance In accordance with Section 223 of the furniture for the subject firm. The Trade Act of 1974, as amended (‘‘Act’’), Solutions, Inc., North Richland Hills, Texas, who became totally or partially separated Milford, Iowa location supports and 19 U.S.C. 2273, the Department of Labor from employment on or after November 1, operates in conjunction with the issued a Certification of Eligibility to 2009 through December 3, 2012, and all Asheboro, North Carolina locations, all Apply for Worker Adjustment workers in the group threatened with total or have experienced worker separations Assistance on December 3, 2010, partial separation from employment on date during the relevant time period, a applicable to workers of The MEGA Life of certification through two years from the decline in customer sales and & Health Ins., Co., a subsidiary of date of certification, are eligible to apply for production and were impacted by an HealthMarkets, Inc., including on-site adjustment assistance under Chapter 2 of increase in imports of upholstered Title II of the Trade Act of 1974, as amended. leased workers from Computer household goods. Solutions and Software International, Signed in Washington, DC, this 6th day of Inc., Dell Service Sales, Emdeon September, 2011. Accordingly, the Department is amending the certification to include Business Services, KFORCE, Microsoft, Michael W. Jaffe, Pariveda Solutions, Inc., Perot Systems workers of the Milford, Iowa location of Certifying Officer, Office of Trade Adjustment Klaussner Furniture Industries, Inc. Corp., Premium Credit Corp., Socrates, Assistance. Inc., Sogeti USA, LLC, The Z Group, [FR Doc. 2011–23932 Filed 9–16–11; 8:45 am] The amended notice applicable to Inc., Verizon, and Viant Payments BILLING CODE 4510–FN–P TA–W–70,989 is hereby issued as Systems, North Richland, Texas. The follows: notice was published in the Federal All workers of Klaussner Furniture Register on December 13, 2010 (75 FR DEPARTMENT OF LABOR Industries, Plant #3, Asheboro, North 77668). The notice was amended on Carolina who became totally or partially March 2, 2011 to include workers of the Employment and Training separated from employment on or after North Richland, Texas location of the Administration February 14, 2009 through August 26, 2011, subject firm whose wages were reported and all workers in the group threatened with under a separate unemployment [TA–W–70,989; TA–W–70,989A; TA–W– total or partial separation from employment insurance (UI) tax account under the 70,989B] on the date of certification through two years from the date of certification, are eligible to name Insphere Insurance Solutions. The Amended Certification Regarding apply for adjustment assistance under amended notice was published in the Eligibility To Apply for Worker Chapter 2 of Title II of the Trade Act of 1974, Federal Register on March 14, 2011 (76 Adjustment Assistance as amended. FR 13665). All workers of Klaussner Furniture At the request of the State agency, the TA–W–70,989, Industries, Plant #33, Asheboro, North Department reviewed the certification KLAUSSNER FURNITURE INDUSTRIES, Carolina, and Klaussner Corporate Services, for workers of the subject firm. The INC., PLANT #3, ASHEBORO, NORTH Inc., also known as Klaussner of Iowa, a workers provide insurance claims CAROLINA; division of Furniture Industries, Inc., processing. TA–W–70,989A, Milford, Iowa (TA–W–70,989B) who became Information shows that workers from KLAUSSNER FURNITURE INDUSTRIES, totally or partially separated from Insphere Insurance Solutions, Inc. were INC., PLANT #33, ASHEBORO, NORTH employment on or after June 2, 2008 through employed on-site at the North Richland CAROLINA; August 26 2011, and all workers in the group TA–W–70,989B, threatened with total or partial separation Hills, Texas location of The MEGA Life KLAUSSNER CORPORATE SERVICES, from employment on the date of certification & Health, Ins. Co. The Department has INC., ALSO KNOWN AS KLAUSSNER through two years from the date of determined that these workers were OF IOWA, A DIVISION OF KLAUSSNER certification, are eligible to apply for under the operational control of The FURNITURE INDUSTRIES, INC., adjustment assistance under Chapter 2 of MEGA Life & Health Ins., Co. MILFORD, IOWA. Title II of the Trade Act of 1974, as amended.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58045

Signed in Washington, DC, this 26th day of Based on these findings, the A. A significant number or proportion August, 2011. Department is amending this of the workers in such workers’ firm, or Del Min Amy Chen, certification to include workers leased an appropriate subdivision of the firm, Certifying Officer, Office of Trade Adjustment from Ryder USA and Randstad Logistics have become totally or partially Assistance. working on-site at the Austin, Texas separated, or are threatened to become [FR Doc. 2011–23935 Filed 9–16–11; 8:45 am] location of Applied Materials, Inc. totally or partially separated; BILLING CODE 4510–FN–P The intent of the Department’s B. The sales or production, or both, of certification is to include all workers of such firm or subdivision have decreased the subject firm who were adversely absolutely; and DEPARTMENT OF LABOR affected by the shift in production of C. Increased imports of articles like or semiconductor equipment to Singapore. directly competitive with articles Employment and Training The amended notice applicable to produced by such firm or subdivision Administration TA–W–71,447 is hereby issued as have contributed importantly to such follows: workers’ separation or threat of [TA–W–71,447] All workers of Applied Materials, Inc., separation and to the decline in sales or production of such firm or subdivision; Amended Certification Regarding including on-site leased workers from Adecco Employment Services, Aerotek, Inc., or Eligibility To Apply for Worker CDI IT Solutions, Inc. (CDI Corporation), D&Z II. Section (a)(2)(B) both of the Adjustment Assistance; Applied Microelectronics, Pentagon Technology, following must be satisfied: Materials, Inc.; Including On-Site Proactive Business Solution, Inc., Technical A. A significant number or proportion Leased Workers From Adecco Resources, SQA Services, NSTAR, Ryder of the workers in such workers’ firm, or Employment Services, Aerotek, Inc., USA and Randstad Logistics, Austin, Texas, an appropriate subdivision of the firm, CDI IT Solutions, Inc. (CDI who became totally or partially separated have become totally or partially Corporation), D&Z Microelectronics, from employment on or after June 25, 2008 separated, or are threatened to become Pentagon Technology, Proactive through September 30, 2011, and all workers totally or partially separated; Business Solution, Inc., Technical in the group threatened with total or partial B. There has been a shift in separation from employment on date of Resources, SQA Services, NSTAR, certification through two years from the date production by such workers’ firm or Ryder USA and Randstad Logistical of certification, are eligible to apply for subdivision to a foreign country of Services, Austin, TX adjustment assistance under Chapter 2 of articles like or directly competitive with Title II of the Trade Act of 1974, as amended. articles which are produced by such In accordance with Section 223 of the Signed in Washington, DC this 6th day of firm or subdivision; and Trade Act of 1974, as amended (‘‘Act’’), C. One of the following must be 19 U.S.C. 2273, the Department of Labor September, 2011. Michael W. Jaffe, satisfied: issued a Certification of Eligibility to 1. The country to which the workers’ Apply for Worker Adjustment Certifying Officer, Office of Trade Adjustment firm has shifted production of the Assistance. Assistance on September 30, 2009, articles is a party to a free trade applicable to workers of Applied [FR Doc. 2011–23936 Filed 9–16–11; 8:45 am] agreement with the United States; Materials, Inc., including on-site leased BILLING CODE P 2. The country to which the workers’ workers from Adecco Employment firm has shifted production of the Services, Aerotek, Inc., CDI IT articles to a beneficiary country under DEPARTMENT OF LABOR Solutions, D&Z Microelectronics, the Andean Trade Preference Act, Pentagon Technology, Proactive African Growth and Opportunity Act, or Business Solution, Inc., Technical Employment and Training Administration the Caribbean Basin Economic Recovery Resources, SQA Services and NSTAR, Act; or Austin, Texas. The notice was Notice of Determinations Regarding 3. There has been or is likely to be an published in the Federal Register on Eligibility To Apply for Worker increase in imports of articles that are November 17, 2009 (74 FR 59253). The Adjustment Assistance and Alternative like or directly competitive with articles notice was amended on December 15, Trade Adjustment Assistance which are or were produced by such 2009 to include the Unemployment firm or subdivision. Insurance (UI) wages for on-site leased In accordance with Section 223 of the Also, in order for an affirmative workers from CDI IT Solutions is Trade Act of 1974, as amended (19 determination to be made for reported under CDI Corporation. The U.S.C. 2273) the Department of Labor secondarily affected workers of a firm amended notice was published in the herein presents summaries of and a certification issued regarding Federal Register on January 20, 2010 determinations regarding eligibility to eligibility to apply for worker (75 FR 3251). apply for trade adjustment assistance for adjustment assistance, each of the group At the request of the State agency, the workers (TA–W) number and alternative eligibility requirements of Section Department reviewed the certification trade adjustment assistance (ATAA) by 222(b) of the Act must be met. for workers of the subject firm. The (TA–W) number issued during the (1) Significant number or proportion workers are engaged in the production period of August 29, 2011 through of the workers in the workers’ firm or of semiconductor equipment. September 2, 2011. an appropriate subdivision of the firm Information shows that leased In order for an affirmative have become totally or partially workers from Ryder USA and Randstad determination to be made for workers of separated, or are threatened to become Logistics were employed on-site at the a primary firm and a certification issued totally or partially separated; Austin, Texas location of Applied regarding eligibility to apply for worker (2) The workers’ firm (or subdivision) Materials, Inc. The Department has adjustment assistance, each of the group is a supplier or downstream producer to determined that these workers were eligibility requirements of Section a firm (or subdivision) that employed a sufficiently under the control of 222(a) of the Act must be met. group of workers who received a Applied Materials, Inc., Austin, Texas to I. Section (a)(2)(A) all of the following certification of eligibility to apply for be considered leased workers. must be satisfied: trade adjustment assistance benefits and

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58046 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

such supply or production is related to Negative Determinations for Worker 2011. Copies of these determinations may be the article that was the basis for such Adjustment Assistance and Alternative requested under the Freedom of Information certification; and Trade Adjustment Assistance Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure (3) Either— In the following cases, the (A) The workers’ firm is a supplier Officer, Office of Trade Adjustment investigation revealed that the eligibility Assistance (ETA), U.S. Department of Labor, and the component parts it supplied for criteria for worker adjustment assistance 200 Constitution Avenue, NW., Washington, the firm (or subdivision) described in have not been met for the reasons DC 20210 or [email protected]. These paragraph (2) accounted for at least 20 specified. determinations also are available on the percent of the production or sales of the Because the workers of the firm are Department’s Web site at http:// workers’ firm; or www.doleta.gov/tradeact under the not eligible to apply for TAA, the (B) A loss or business by the workers’ searchable listing of determinations. workers cannot be certified eligible for firm with the firm (or subdivision) ATAA. Dated: September 9, 2011. described in paragraph (2) contributed The investigation revealed that Michael W. Jaffe, importantly to the workers’ separation criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) Certifying Officer, Office, Trade Adjustment or threat of separation. (employment decline) have not been Assistance. In order for the Division of Trade met. [FR Doc. 2011–23934 Filed 9–16–11; 8:45 am] Adjustment Assistance to issue a certification of eligibility to apply for TA–W–80,350; Baby Bliss, Inc., BILLING CODE 4510–FN–P Alternative Trade Adjustment Middleville, MI The investigation revealed that Assistance (ATAA) for older workers, DEPARTMENT OF LABOR the group eligibility requirements of criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in Section 246(a)(3)(A)(ii) of the Trade Act Employment and Training production to a foreign country) have must be met. Administration 1. Whether a significant number of not been met. workers in the workers’ firm are 50 TA–W–80,323; Allen Family Foods, Inc., Investigations Regarding Certifications years of age or older. Cordova, MD of Eligibility To Apply for Worker 2. Whether the workers in the The workers’ firm does not produce Adjustment Assistance and Alternative workers’ firm possess skills that are not an article as required for certification Trade Adjustment Assistance easily transferable. under Section 222 of the Trade Act of 3. The competitive conditions within 1974. Petitions have been filed with the the workers’ industry (i.e., conditions TA–W–80,286; Affinity Express, Inc., Secretary of Labor under Section 221(a) within the industry are adverse). Columbus, OH of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this Affirmative Determinations for Worker TA–W–80,329; DHL Express, Houston, notice. Upon receipt of these petitions, Adjustment Assistance and Alternative TX the Director of the Division of Trade Trade Adjustment Assistance Determinations Terminating Adjustment Assistance, Employment The following certifications have been Investigations of Petitions for Worker and Training Administration, has issued. The date following the company Adjustment Assistance instituted investigations pursuant to name and location of each After notice of the petitions was Section 221(a) of the Act. determination references the impact published in the Federal Register and The purpose of each of the date for all workers of such on the Department’s Web site, as investigations is to determine whether determination. required by Section 221 of the Act (19 the workers are eligible to apply for The following certifications have been U.S.C. 2271), the Department initiated adjustment assistance under Title II, issued. The requirements of Section investigations of these petitions. chapter 2, of the Act. The investigations 222(a)(2)(A) (increased imports) and The following determinations will further relate, as appropriate, to the Section 246(a)(3)(A)(ii) of the Trade Act terminating investigations were issued determination of the date on which total have been met. because the petitioner has requested or partial separations began or TA–W–80,185; Iron Mountain that the petition be withdrawn. threatened to begin and the subdivision Information Management, Inc., TA–W–80,223; Rock-Tenn services, Inc., of the firm involved. Boston, MA: May 17, 2010 Milwaukee, WI The petitioners or any other persons TA–W–80,268; Cadmus Journal The following determinations showing a substantial interest in the Services, Inc., Ephrata, PA: terminating investigations were issued subject matter of the investigations may September 1, 2011 because the petitioning groups of request a public hearing, provided such TA–W–80,287; Anthony, Inc., Alsip, IL: workers are covered by active request is filed in writing with the July 13, 2010 Director, Office of Trade Adjustment TA–W–80,303; California Newspaper certifications. Consequently, further Assistance, at the address shown below, Limited Partnership, Vallejo, CA: investigation in these cases would serve not later than September 29, 2011. July 19, 2010 no purpose since the petitioning group TA–W–80,304; RadiSys Corporation, of workers cannot be covered by more Interested persons are invited to Hillsboro, OR: August 15, 2011 than one certification at a time. submit written comments regarding the TA–W–80,304A; Leased Workers from TA–W–80,293; Klaussner Furniture subject matter of the investigations to Northwest Software, Inc., Hillsboro, Industries, Milford, IA the Director, Office of Trade Adjustment OR: July 20, 2010 TA–W–80,299; DST Output East, LLC, Assistance, at the address shown below, TA–W–80,304B; Continuous Computing, South Windsor, CT not later than September 29, 2011. Inc (CCPU), San Diego, CA: July 20, TA–W–80,268; Hartford Financial The petitions filed in this case are 2010 Services Group, Inc., Hartford, CT available for inspection at the Office of TA–W–80,356; Zebra Technologies I hereby certify that the aforementioned the Director, Office of Trade Adjustment Corporation, Camarillo, CA: August determinations were issued during the period Assistance, Employment and Training 9, 2010 of August 29, 2011 through September 2, Administration, U.S. Department of

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58047

Labor, Room N–5428, 200 Constitution Signed at Washington, DC this 8th day of Avenue, NW., Washington, DC 20210. September 2011. Michael Jaffe, Certifying Officer, Office of Trade Adjustment Assistance.

APPENDIX 16 TAA petitions instituted between 8/29/11 and 9/2/11

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

80396 ...... GE Oil & Gas (Union) ...... Oshkosh, WI ...... 08/29/11 08/26/11 80397 ...... Finish Line Hosiery (Company) ...... Fort Payne, AL ...... 08/29/11 08/25/11 80398 ...... Chartis (Staff Counsel Office) (Workers) ...... Jericho, NY ...... 08/29/11 08/26/11 80399 ...... CalAmp Corporation (Workers) ...... Oxnard, CA ...... 08/30/11 08/18/11 80400 ...... Four Seasons (Company) ...... Grapevine, TX ...... 08/31/11 08/19/11 80401 ...... NewBold Technical Institute (NBTI) (Workers) ...... East Liverpool, OH ...... 08/31/11 08/29/11 80402 ...... Richline Group Inc. (Workers) ...... New York, NY ...... 08/31/11 08/30/11 80403 ...... Capgemini @ Nokia Siemens Networka (Workers) ...... Irving, TX ...... 08/31/11 08/10/11 80404 ...... Golden Living (Workers) ...... Fort Smith, AR ...... 08/31/11 08/30/11 80405 ...... Schweizer Aircraft Corporation (Main facility) (Company) ... Horseheads, NY ...... 08/31/11 08/30/11 80406 ...... Sc Johnson (Workers) ...... Fresno, CA ...... 09/01/11 08/31/11 80407 ...... CHEP USA Headquarters (Workers) ...... Orlando, FL ...... 09/01/11 08/31/11 80408 ...... International Business Machines (IBM) (State/One-Stop) ... Southbury, CT ...... 09/01/11 08/31/11 80409 ...... Bosch Security Systems, Inc. (Company) ...... Lancaster, PA ...... 09/02/11 09/01/11 80410 ...... Solyndra (State/One-Stop) ...... Fremont, CA ...... 09/02/11 09/01/11 80411 ...... Bank of America (State/One-Stop) ...... Concord, CA ...... 09/02/11 08/26/11

[FR Doc. 2011–23933 Filed 9–16–11; 8:45 am] within fifteen (15) days from the date of Dated: September 12, 2011. BILLING CODE 4510–FN–P this published notice, NASA receives Richard W. Sherman, written objections including evidence Deputy General Counsel. and argument that establish that the [FR Doc. 2011–23895 Filed 9–16–11; 8:45 am] NATIONAL AERONAUTICS AND grant of the license would not be BILLING CODE P SPACE ADMINISTRATION consistent with the requirements of 35 [Notice 11–080] U.S.C. 209 and 37 CFR 404.7. Competing applications completed and NATIONAL CREDIT UNION Notice of Intent to Grant Exclusive received by NASA within fifteen (15) ADMINISTRATION License days of the date of this published notice will also be treated as objections to the Sunshine Act; Notice of Agency AGENCY: National Aeronautics and grant of the contemplated partially Meeting Space Administration. exclusive license. ACTION: Notice of intent to grant TIME AND DATE: 10 a.m., Thursday, partially exclusive license. Objections submitted in response to September 22, 2011. this notice will not be made available to PLACE: Board Room, 7th Floor, Room SUMMARY: This notice is issued in the public for inspection and, to the 7047, 1775 Duke Street (All visitors accordance with 35 U.S.C. 209(e) and 37 extent permitted by law, will not be must use Diagonal Road Entrance), CFR 404.7(a)(1)(i). NASA hereby gives released under the Freedom of Alexandria, VA 22314–3428. notice of its intent to grant a partially Information Act, 5 U.S.C. 552. STATUS: exclusive license in the United States to Open. ADDRESSES: Objections relating to the practice the inventions described and Matters To Be Considered claimed in US Patent Application Serial prospective license may be submitted to 1. Final Rule—Parts 700, 701, 702, Number 12/757,657, Method and Patent Counsel, Office of Chief Counsel, and 741 of NCUA’s Rules and Apparatus for Microwave Tissue NASA Johnson Space Center, 2101 Regulations, Net Worth and Equity Ratio Welding For Wound Closure, NASA NASA Parkway, Houston, Texas 77058, Definitions. Case No. MSC–24238–1 to Meridian Mail Code AL; Phone (281) 483–3021; 2. Delegations of Authority. Health Systems, P.C., having its Fax (281) 483–6936. 3. Insurance Fund Report. principal place of business in Los FOR FURTHER INFORMATION CONTACT: Ted RECESS: 11:15 a.m. Angeles, California. The patent rights in Ro, Intellectual Property Attorney, this invention have been assigned to the TIME AND DATE: 11:30 a.m., Thursday, Office of Chief Counsel, NASA Johnson United States of America as represented September 22, 2011. Space Center, 2101 NASA Parkway, by the Administrator of the National PLACE: Board Room, 7th Floor, Room Houston, Texas 77058, Mail Code AL; Aeronautics and Space Administration. 7047, 1775 Duke Street, Alexandria, VA Phone (281) 244–7148; Fax (281) 483– The prospective partially exclusive 22314–3428. 6936. Information about other NASA license will comply with the terms and STATUS: Closed. conditions of 35 U.S.C. 209 and 37 CFR inventions available for licensing can be 404.7. found online at http:// Matters To Be Considered technology.nasa.gov/. DATES: The prospective partially 1. Consideration of Supervisory exclusive license may be granted unless Activities (2). Closed pursuant to some

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58048 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

or all of the following: exemptions (8), Chairman’s Delegation of Authority to Time: 9 a.m. to 5 p.m. (9)(A)(ii) and 9(B). Close Advisory Committee meetings, Location: Room 421. 2. Appeal under Section 701.14 and dated July 19, 1993, I have determined Program: This meeting will review Part 747, Subpart J of NCUA’s Rules and that these meetings will be closed to the applications for Anthropology in Regulations. Closed pursuant to public pursuant to subsections (c)(4), America’s Historical and Cultural Exemptions (6) and (8). and (6) of section 552b of Title 5, United Organizations Grants Program, 3. Charter and Merger Request States Code. submitted to the Division of Public Pursuant to Part 708b of NCUA’s Rules 1. Date: October 4, 2011. Programs at the August 17, 2011 and Regulations. Closed pursuant to Time: 9 a.m. to 5 p.m. deadline. exemption (8). Location: Room 415. 4. Personnel. Closed pursuant to Program: This meeting will review 8. Date: October 24, 2011. exemption (6). applications for Literature in Time: 9 a.m. to 5 p.m. FOR FURTHER INFORMATION CONTACT: Preservation and Access Humanities Location: Room 421. Mary Rupp, Secretary of the Board, Collections and Reference Resources, Program: This meeting will review Telephone: 703–518–6304. submitted to the Division of applications for American Studies in Preservation and Access at the July 20, Mary Rupp, America’s Media Makers Grants 2011 deadline. Board Secretary. Program, submitted to the Division of 2. Date: October 6, 2011. [FR Doc. 2011–24152 Filed 9–15–11; 4:15 pm] Public Programs at the August 17, 2011 Time: 9 a.m. to 5 p.m. deadline. BILLING CODE 7535–01–P Location: Room 415. 9. Date: October 25, 2011. Program: This meeting will review applications for U.S. History & Culture Time: 9 a.m. to 5 p.m. THE NATIONAL FOUNDATION ON THE I in Preservation and Access Humanities Location: Room 415. ARTS AND THE HUMANITIES Collections and Reference Resources, Program: This meeting will review submitted to the Division of applications for U.S. History and Meetings of Humanities Panel Preservation and Access at the July 20, Culture II in Preservation and Access AGENCY: The National Endowment for 2011 deadline. Humanities Collections and Reference the Humanities. 3. Date: October 12, 2011. Resources, submitted to the Division of ACTION: Notice of Meetings. Time: 9 a.m. to 5 p.m. Preservation and Access at the July 20, Location: Room 415. 2011 deadline. SUMMARY: Pursuant to the provisions of Program: This meeting will review 10. Date: October 26, 2011. the Federal Advisory Committee Act applications for Art History in Time: 9 a.m. to 5 p.m. (Pub. L. 92–463, as amended), notice is Preservation and Access Humanities Location: Room 421. hereby given that the following Collections and Reference Resources, Program: This meeting will review meetings of Humanities Panels will be submitted to the Division of applications for American History in held at the Old Post Office, 1100 Preservation and Access at the July 20, America’s Historical and Cultural Pennsylvania Avenue, NW., 2011 deadline. Washington, DC 20506. Organizations Grants Program, 4. Date: October 18, 2011. submitted to the Division of Public FOR FURTHER INFORMATION CONTACT: Time: 9 a.m. to 5 p.m. Michael P. McDonald, Advisory Programs at the August 17, 2011 Location: Room 415. deadline. Committee Management Officer, Program: This meeting will review National Endowment for the applications for Music & Performing 11. Date: October 27, 2011. Humanities, Washington, DC 20506; Arts in Preservation and Access Time: 9 a.m. to 5 p.m. telephone (202) 606–8322. Hearing- Humanities Collections and Reference Location: Room 421. impaired individuals are advised that Resources, submitted to the Division of information on this matter may be Program: This meeting will review Preservation and Access at the July 20, applications for United States History in obtained by contacting the 2011 deadline. Endowment’s TDD terminal on (202) America’s Historical and Cultural 606–8282. 5. Date: October 18, 2011. Organizations Grants Program, Time: 9 a.m. to 5 p.m. submitted to the Division of Public SUPPLEMENTARY INFORMATION: The Location: Room 421. Programs at the June 29, 2011 deadline. proposed meetings are for the purpose Program: This meeting will review 12. Date: October 27, 2011. of panel review, discussion, evaluation applications for United States History in and recommendation on applications America’s Historical and Cultural Time: 9 a.m. to 5 p.m. for financial assistance under the Organizations Grants Program, Location: Room 415. National Foundation on the Arts and the submitted to the Division of Public Program: This meeting will review Humanities Act of 1965, as amended, Programs at the August 17, 2011 applications for U.S. History and including discussion of information deadline. Culture III in Preservation and Access given in confidence to the agency by the Humanities Collections and Reference 6. Date: October 20, 2011. grant applicants. Because the proposed Resources, submitted to the Division of Time: 9 a.m. to 5 p.m. meetings will consider information that Preservation and Access at the July 20, Location: Room 421. is likely to disclose trade secrets and 2011 deadline. commercial or financial information Program: This meeting will review obtained from a person and privileged applications for International Cultures 13. Date: October 31, 2011. or confidential and/or information of a in America’s Media Makers Grants Time: 9 a.m. to 5 p.m. personal nature the disclosure of which Program, submitted to the Division of Location: Room 315. would constitute a clearly unwarranted Public Programs at the August 17, 2011 Program: This meeting will review invasion of personal privacy, pursuant deadline. applications for Enduring Questions, to authority granted me by the 7. Date: October 21, 2011. submitted to the Division of Education

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58049

Programs at the September 15, 2011 NSF has published regulations under Location deadline. the Antarctic Conservation Act at Title ASPA 105–Beaufort Island, ASPA 45 part 670 of the Code of Federal Michael P. McDonald, 116–New College Valley, Cape Bird, Regulations. This is the required notice ASPA 121–Cape Royds, ASPA 122– Advisory Committee Management Officer. of permit applications received. [FR Doc. 2011–24012 Filed 9–16–11; 8:45 am] Arrival Heights, ASPA 124–Cape DATES: Interested parties are invited to BILLING CODE 7536–01–P Crozier, ASPA 155–Cape Evans, ASPA submit written data, comments, or 157–Backdoor Bay, Cape Royds. views with respect to this permit application by October 19, 2011. This Dates NATIONAL SCIENCE FOUNDATION application may be inspected by October 15, 2011 to March 31, 2012. interested parties at the Permit Office, Astronomy and Astrophysics Advisory Nadene G. Kennedy, address below. Committee #13883; Notice of Meeting Permit Officer, Office of Polar Programs. ADDRESSES: Comments should be In accordance with the Federal [FR Doc. 2011–23852 Filed 9–16–11; 8:45 am] addressed to Permit Office, Room 755, Advisory Committee Act (Pub. L. 92– BILLING CODE 7555–01–P Office of Polar Programs, National 463, as amended), the National Science Science Foundation, 4201 Wilson Foundation announces the following Boulevard, Arlington, Virginia 22230. Astronomy and Astrophysics Advisory Committee (#13883) meeting: FOR FURTHER INFORMATION CONTACT: NEIGHBORHOOD REINVESTMENT Polly A. Penhale at the above address or CORPORATION Date and Time: October 13–14, 2011, 8:30 (703) 292–7420. a.m.–5 p.m. Special Board of Directors Meeting: Place: National Science Foundation, Room SUPPLEMENTARY INFORMATION: The Sunshine Act 555, Stafford II Building, 4121 Wilson Blvd., National Science Foundation, as Arlington, VA 22230 directed by the Antarctic Conservation Type of Meeting: Open. TIME AND DATE: 2 p.m., Thursday, July Act of 1978 (Pub. L. 95–541), as 21, 2011. Contact Person: Dr. Jim Ulvestad, Division amended by the Antarctic Science, Director, Division of Astronomical Sciences, PLACE: 1325 G Street, NW., Suite 800, Tourism and Conservation Act of 1996, Suite 1045, National Science Foundation, Boardroom, Washington, DC 20005. 4201 Wilson Blvd., Arlington, VA 22230. has developed regulations for the Telephone: 703–292–7165. establishment of a permit system for STATUS: Open. Purpose of Meeting: To provide advice and various activities in Antarctica and CONTACT PERSON FOR MORE INFORMATION: recommendations to the National Science designation of certain animals and Erica Hall, Assistant Corporate Foundation (NSF), the National Aeronautics certain geographic areas a requiring Secretary, (202) 220–2376; and Space Administration (NASA) and the special protection. The regulations [email protected]. U.S. Department of Energy (DOE) on issues within the field of astronomy and establish such a permit system to AGENDA: astrophysics that are of mutual interest and designate Antarctic Specially Protected I. Call to Order concern to the agencies. Areas. II. Theory of Change Agenda: To hear presentations of current The applications received are as III. Strategic Plan, July 7 and February programming by representatives from NSF, follows: 23 Drafts NASA, DOE and other agencies relevant to IV. Next Steps astronomy and astrophysics; to discuss Permit V. Adjournment current and potential areas of cooperation Applicant application between the agencies; to formulate Erica Hall, recommendations for continued and new 1. Sam Feola, Director, Assistant Corporate Secretary. areas of cooperation and mechanisms for Raytheon Polar Services [FR Doc. 2011–24078 Filed 9–15–11; 4:15 pm] achieving them. Company, 7400 S. Tucson BILLING CODE 7570–02–P Dated: September 14, 2011. Way, Centennial, CO 80112...... 2012–008. Susanne E. Bolton, Committee Management Officer. Activity for Which Permit is Requested [FR Doc. 2011–23922 Filed 9–16–11; 8:45 am] NUCLEAR REGULATORY BILLING CODE 7555–01–P Enter Antarctic Specially Protected COMMISSION Areas. The applicant plans to enter the Antarctic Specially Protected Areas at [Docket No. 40–3392–MLA; ASLBP No. 11– NATIONAL SCIENCE FOUNDATION Beaufort Island (ASPA 105), New 910–01–MLA–BD01] College Valley, Cape Bird (ASPA 116), Notice of Permit Applications Received Cape Royds (ASPA 121), Arrival Heights Atomic Safety and Licensing Board; Under the Antarctic Conservation Act (ASPA 122), Cape Crozier (ASPA 124), Honeywell International, Inc.; of 1978 (Pub. L. 95–541) Cape Evans (ASPA 155), and Backdoor Metropolis Works Uranium Conversion Facility; Notice of Hearing AGENCY: National Science Foundation. Bay, Cape Royds (ASPA 157) for the purpose of gathering professional video ACTION: Notice of Permit Applications September 13, 2011. Received under the Antarctic footage, still photographs, and to Conservation Act of 1978, Public Law interview scientists. Footage, pictures, Before Administrative Judges: Paul S. Ryerson, Chairman; E. Roy Hawkens; Paul 95–541. interviews, and information gathered during site visits to the ASPA’s could B. Abramson. SUMMARY: The National Science potentially be used in outreach videos, On July 27, 2011, the Board granted 1 Foundation (NSF) is required to publish archived for future use, or be published Honeywell International, Inc.’s notice of permit applications received to in the Antarctic Sun, the official online conduct activities regulated under the news publication of the U.S. Antarctic 1 LBP–11–19, 74 NRC l , l (slip op. at 4) (July Antarctic Conservation Act of 1978. Program. 27, 2011).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58050 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

(Honeywell) request for a hearing 2 NRC staff’s independent review of power stores warehouse building; concerning a NRC Staff decision 3 references, the NRC staff did not replace the auxiliary boiler building; denying Honeywell’s license identify any significant impact replace auxiliary boiler; replace two amendment request for the use of an associated with the extension of the steam generators; replace the existing alternate method for demonstrating BLN Unit 1 CP. The NRC staff is analog and solid state instrumentation decommissioning funding assurance for documenting its environmental review and controls systems with digital its Metropolis Works uranium in this EA. technology; replace the turbine rotating conversion facility in Metropolis, assemblies; replace major pumps, Environmental Assessment Illinois. motors, heat exchangers, tanks, and Accordingly, the Board will conduct Plant Site and Environs piping; refurbish major equipment, such as reactor coolant pumps, diesel an evidentiary hearing on Honeywell’s BLN Unit 1 is a pressurized-water generators, and plant electrical breakers; request beginning at 9 a.m. Eastern reactor site that has been partially upgrade plant barge unloading dock; Standard Time (E.S.T.) on Thursday, completed. The unit is located on a remove silt from the intake structure; December 15, 2011 in the Atomic and peninsula between Town Creek and the replace electric transmission system Safety Licensing Board Panel’s Hearing Tennessee River at River Mile 392 on equipment utilized for plant operation; Room, located on the third floor of Two the west shore of Guntersville Reservoir upgrade a cooling tower; update the White Flint North, 11545 Rockville near Hollywood, Alabama. Most of the plant control room; build a new Pike, Rockville, Maryland 20352. The 1,600 acres of the site have been simulator; install an intrusion barrier for hearing will resume at 9 a.m. E.S.T. on previously impacted by construction for the intake pumping station and intake Friday, December 16, 2011, if necessary. both BLN Units 1 and 2. The Board intends to conduct a channel; construct security upgrades; conference call with the parties at a later Identification of the Proposed Action construct nonplant-related date to discuss further administrative TVA has requested extension of the administrative building; construct details concerning the hearing. CP for BLN Unit 1 from October 1, 2011, maintenance building; build It is so ordered. to October 1, 2020. The Atomic Energy construction building; construct fabrication building; construct training Commission (now the NRC) issued the For the Atomic Safety and Licensing building; and to potentially realign the Board. Final Environmental Statement (FES) in southern entrance road to a point 1,200 Dated: September 13, 2011 in Rockville, June 1974 for BLN Units 1 and 2 (1974 feet east of its existing location. Maryland. FES). On December 24, 1974, CPs were Additionally, clay borrow pits may be Paul S. Ryerson, issued by the NRC. Much of the dug in wooded areas immediately east Chairman, Administrative Judge. construction work for BLN Units 1 and of the main buildings. The above 2 was subsequently completed. [FR Doc. 2011–23939 Filed 9–16–11; 8:45 am] construction and refurbishment BILLING CODE 7590–01–P The Need for the Proposed Action activities would not involve significant The extension of the CP for BLN Unit new land disturbing work. The work would largely be done within existing NUCLEAR REGULATORY 1 would enable TVA to complete construction of BLN Unit 1. buildings and land areas previously COMMISSION disturbed during initial construction for [Docket No. 50–438; NRC–2009–0093] Environmental Impacts of the Proposed the BLN units. The construction Action activities would use best management Tennessee Valley Authority, Bellefonte This EA summarizes the radiological practices to limit the impacts from Nuclear Power Plant, Unit 1; and nonradiological impacts to the excavation including air pollutant Environmental Assessment and environment that may result from the emissions from earthwork (i.e., fugitive Finding of No Significant Impact proposed extension of the CP for BLN dust), construction equipment, and workers’ vehicles. The U.S. Nuclear Regulatory Unit 1. Operational impacts are addressed in the TVA’s May 2010 Final Based on the available information, Commission (NRC) has prepared this the NRC concludes that there would be Environmental Assessment (EA) Supplemental Environmental Impact Statement, ‘‘Single Nuclear Unit at the no significant impact on land use and associated with a request by the aesthetic resources in the vicinity of Bellefonte Plant Site’’ (2010 FSEIS), Tennessee Valley Authority (TVA) to BLN Unit 1. Land use would not change attached to its letter of October 8, 2010. extend the construction permit (CP) and additional work to complete BLN Therefore, operational impacts are not CPPR–122 for the Bellefonte Nuclear Unit 1 would either be confined to, or further discussed in this EA for the Plant (BLN), Unit 1 pursuant to Title 10 occur adjacent to, areas previously purposes of evaluating TVA’s CP of Code of Federal Regulations (10 CFR) disturbed by construction activities. The extension request. 50.55(b). Based on information provided majority of these impacts were assessed in TVA’s letter, dated October 8, 2010 Non-Radiological Impacts and documented in the 1974 FES. (Agencywide Documents Access and Management System (ADAMS) Land Use and Aesthetic Impacts Impacts on Air Quality Accession No. ML102870233), and the Land use and aesthetic impacts from Main sources of potential air quality the proposed extension of the CP impacts from extension of the CP for 2 Request for Hearing on Denial of include impacts from completing the BLN Unit 1 would be fugitive dust from Decommissioning License Amendment Request construction of BLN Unit 1. TVA states construction activities, including (June 22, 2011). 3 Letter from U.S. Nuclear Regulatory in its 2010 FSEIS that BLN Unit 1 is exhaust emissions from motorized Commission to Honeywell International, Inc., estimated to be 55-percent complete equipment and workers’ vehicles Denial of Exemption Request from 10 CFR part 30, with most of the plant physical commuting to and from the BLN site. Appendix C, Regarding Decommissioning Financial infrastructure work completed. The 1990 Clean Air Act amendments Assurance Requirements, Honeywell Metropolis Works, Material License No. SUB–526 (TAC No. Remaining construction- and include a provision that no Federal L32718) (Dec. 11, 2009) (ADAMS Accession No. refurbishment-related activities at BLN agency shall support any activity that ML093170604). Unit 1 include the need to: Rebuild the does not conform to a state

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58051

implementation plan (SIP) designed to construction equipment. In accordance the existing intake channel and achieve the National Ambient Air with the Clean Air Act, Federal agencies refurbished pumping station, cooling Quality Standards for criteria pollutants are prohibited from issuing a license for towers, blowdown discharge diffuser, (sulfur dioxide, nitrogen dioxide, carbon any activity that does not conform to an barge unloading dock, switchyard, and monoxide, ozone, lead, and particulate applicable implementation plan. Since transmission system. matter). On November 30, 1993 (58 FR the plant is located in proximity to a To complete construction for BLN 63214), the U.S. Environmental PM2.5 nonattainment area that Unit 1, dredging would occur in the Protection Agency (EPA) first issued a encompasses part of Jackson County, intake channel from the intake pumping final rule implementing the new Alabama, TVA must show conformity station to the shoreline (a distance of statutory requirements, effective January with applicable Alabama SIPs by approximately 1,200 feet) and would 31, 1994. The final rule required that evaluating vehicle and equipment result in removal of approximately Federal agencies prepare a written emissions that would occur during 10,000 cubic yards of dredged material. conformity analysis and determination completion of BLN Unit 1. Additionally, from the shoreline boom for each pollutant where the total of During potential construction of BLN to the main river channel (a distance of direct and indirect emissions caused by Unit 1, earthwork including some approximately 760 feet), approximately proposed Federal action 1 would exceed ground-clearing, grading, excavation, 1,100 cubic yards of dredged material established threshold emission levels in and movement of materials and would be removed for completion of a nonattainment 2 or maintenance area.3 machinery are expected to occur. These construction of BLN Unit 1. No dredging In 2010, EPA issued revised General activities will raise dust. Applicable in the area of the barge unloading dock Conformity Regulations in a final rule, permits would need to be obtained from would be required. Dredged material and effective July 6, 2010 (75 FR 17254). the Air Division of the Alabama would be disposed of in an on-site The latest rule, in part, adds and revises Department of Environmental spoils area above the 500-year flood definitions relating to assessing the Management (ADEM). Normally, elevation by TVA. During the dredging conformity of Federal actions with SIPs, construction activities take place for a operation, temporary increases in amends 40 CFR part 51, Subpart W, and limited duration, and any impacts on air turbidity are expected in the immediate specifically identifies tribal agencies as quality would not be significant. vicinity. TVA would obtain all stakeholders in the conformity process. Because the NRC staff expects that appropriate permits prior to dredging. The latest final rule still requires that construction activities at BLN Unit 1 The NRC staff does not expect Federal agencies prepare a written would conform to the Alabama SIPs, the significant or long-term water quality conformity determination for proposed NRC staff concludes that the impacts of impacts due to the dredging. The BLN actions in NAAQS nonattainment or construction activities on air quality Unit 1 steam generator replacement maintenance areas for which the total of would not be significant. For such process could entail hydrodemolition the action’s direct and indirect activities, the NRC staff notes a variety using a high-pressure water jet to emissions of criteria pollutants would of mitigation measures, such as wetting remove concrete. According to TVA, the exceed the threshold (de minimis) levels of unpaved roads and construction areas process would use approximately in 40 CFR 93.153(b) and which are not during dry periods and seeding or 450,000 gallons of water, likely from the otherwise exempt, ‘‘presumed to mulching cleared areas, inspection and local municipal source, and would conform,’’ or included in the existing maintenance of the gasoline or diesel produce a water and concrete slurry. emissions budget of the SIP or Tribal fuel fired construction equipment to TVA states that this one-time generation Implementation Plan. prevent excessive exhaust emissions, of wastewater would be captured, Construction activities cause localized and managing shift changes for the site sampled, treated, and released through temporary increases in atmospheric workforce to reduce the number of an approved NPDES discharge point. In concentrations of nitrogen oxides, vehicles on the road at any given time, addition, because TVA obtains water carbon monoxide, sulfur dioxide, that could mitigate potential air quality from the local municipality, no volatile organic compounds, ammonia impacts resulting from the potential significant impacts are expected to and particulate matter PM10 and PM2.5 extension and construction completion groundwater hydrology or local as a result of exhaust emissions of at BLN Unit 1. groundwater users. All safety-related structures are located above the workers’ vehicles, diesel generators, and Impacts on Water Resources probable maximum flood and probable 1 Federal action means any activity engaged in by Discharges to surface waters are maximum precipitation drainage levels a department, agency, or instrumentality of the governed by the site’s current National or are flood-proofed to the resulting Federal Government, or any activity that a Pollutant Discharge Elimination System levels. Also, because disturbance of department, agency or instrumentality of the (NPDES) permit, and waste streams are Federal Government supports in any way, provides wetland areas during BLN completion financial assistance for, licenses, permits, or controlled by the current Resource would be avoided or minimized and approves, other than activities related to Conservation and Recovery Act (RCRA) wastewater would be released in transportation plans, programs, and projects permit; these permits remain active. accordance with the limits specified in developed, funded, or approved under title 23 TVA would continue to purchase U.S.C. or the Federal Transit Act (49 U.S.C. 1601 the NPDES permit, no significant et seq.). Where the Federal action is a permit, drinking water from the City of impacts to wetlands are projected to license, or other approval for some aspect of a non- Hollywood, Alabama, which is a occur. Federal undertaking, the relevant activity is the community public water system that is Based on the information provided, part, portion, or phase of the non-Federal regulated by the State of Alabama. TVA undertaking that requires the Federal permit, the NRC staff expects that the impact to license, or approval (40 CFR 93.152). would continue to route wastewater water resources would not be 2 An area is designated ‘‘nonattainment’’ for a from the BLN Unit 1 to the Hollywood significant. criteria pollutant if it does not meet National Sewer System. Ambient Air Quality Standards (NAAQS) for the BLN Unit 1 construction activities Impacts on Aquatic Resources pollutant. would incorporate existing facilities and As indicated in the 2010 FSEIS, there 3 A maintenance area has been redesignated by a State from nonattainment to attainment; the State structures and use previously disturbed would be temporary and small impacts must submit to EPA a plan for maintaining NAAQS ground where possible. After to surface water from construction. For as a revision to its State Implementation Plan. refurbishment, BLN Unit 1 would use completion of BLN Unit 1, new

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58052 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

construction is not expected to occur downstream of the dredge area, or be applications, had resulted in damage to near the banks of the reservoir because affected by silting from barge towing trees located outside of the transmission intake and discharge structures are activities. The 2010 FSEIS notes that line corridor. The use of best already in place. According to TVA, few individuals would likely be directly management practices (BMPs) would accidental discharge and storm water harmed, but would be indirectly mitigate potential environmental runoff are managed under the affected by turbulence and the impacts from pesticide or herbicide construction storm water pollution suspension and deposition of fine applications. prevention plan and a site-specific spill sediments. Thus, TVA conducted formal Assuming that these practices for prevention, control, and consultation with the US Fish and transmission line right-of-way would be countermeasure plan, which are Wildlife Service (USFWS) to determine in place if the CP for BLN Unit 1 is implemented prior to construction. reasonable and prudent measures extended, the NRC staff concludes there Proposed refurbishment of the barge designed to avoid or minimize take of would not be a significant impact on unloading dock would be performed in the two mussel species that would occur terrestrial resources, including wetland compliance with ADEM and applicable in completing construction of BLN Unit areas from transmission line Alabama Department of Conservation 1. TVA transmitted a BA to USFWS on maintenance and upgrade activities. By and Natural Resources (ADCNR) and US November 14, 2009. USFWS (Daphne, letter dated December 8, 2010, TVA Army Corps of Engineers permits. As Alabama, field office) acknowledged confirmed that impacts to terrestrial previously noted, dredging of the intake receipt of the BA in a December 7, 2009, resources would remain bounded by the channel between the intake structure letter. A followup letter from the assessment in the 1974 FES. and the main river channel would be USFWS (Daphne, Alabama, field office) Endangered Terrestrial Species performed. The intake channel was dated January 21, 2010, stated that only surveyed for native mussels and snails the pink mucket could be affected by Populations of two federally-listed by TVA in 2009, as noted in the 2010, the project and that there would be no endangered species, the gray bat (Myotis FSEIS. Only common species were effect on the federal candidate species grisescens) and the Indiana bat (Myotis encountered within the intake channel. sheepnose mussel. sodalis), are reported from the region TVA concluded that dredging would be USFWS issued a biological opinion but have not been documented on or expected to result in minor direct and (BO) for this project by letter dated within 3 miles of the BLN project area indirect effects on aquatic communities; April 15, 2010. The BO contains a as noted and described in the 2010 such communities would be expected to ‘‘take’’ permit that allows for impacts to FSEIS. Gray bats roost in several caves return to their pre-existing conditions as the federally listed pink mucket from in the county and routinely forage over benthic communities recolonize the area completion of construction of BLN Unit Guntersville Reservoir near the BLN and suspended solids settle out of the 1. Due to the poor habitat quality and site. No suitable roosting habitat for this water column. low densities of mussels present in the species (caves) exists on the BLN Based on the information provided, project area, and the minimal effects on property. the NRC staff concludes that impacts to pink mucket identified in the BA, TVA Small colonies of Indiana bats aquatic resources would not be has committed to providing a total of hibernate in caves in Jackson County. significant. $30,000 to be used for research and No caves occur within the project recovery of pink mucket, as described in boundary; however, suitable summer Threatened and Endangered Aquatic the 2010 FSEIS. roosting habitat exists in forested Species portions of the property within the BLN The pink mucket pearlymussel Impacts on Terrestrial Resources project area. Suitable habitat in the (Lampsilis abrupta—federally listed as Although significant site construction project area was examined in 2008 to endangered and hereafter referred to as and disturbance has been completed, assess the quality of this potential pink mucket) and sheepnose mussel limited additional impacts could occur habitat for Indiana bats. Although a few (Plethobasus cyphyus—federal to terrestrial vegetation and biota related moderate-quality roost trees were candidate) were identified in the TVA to the potential realignment of 1,200 feet present, the overall habitat quality for Biological Assessment (BA) as occurring of the southern entrance road to the Indiana bats was low because the in areas potentially affected by plant, and by the excavation of backfill subcanopy is relatively dense, and the construction activities at the BLN Unit borrow pits in a wooded area east of the site lacks multiple trees suitable for 1 site, by barge deliveries during existing main plant buildings. Overall, Indiana bat roosts. Indiana bat habitats completion, or by subsequent operation the NRC staff concludes that any typically roost in multiple trees having of the facility. As specifically noted in additional impacts to terrestrial varying exposure to sunlight. the 2010 FSEIS, mussel and snail resources would not be significant. Additionally, bald eagles (Haliaeetus surveys in Guntersville Reservoir Extending the CP and completing leucocephalus), which are federally immediately adjacent to the site in 1995, construction of the BLN Unit 1 would protected under the Bald and Golden 2007, and 2009, discovered one live remain within the scope of the 1974 Eagle Protection Act, occur near BLN. pink mucket and one empty pink FES, assuming that TVA implements the Prior to 2009, the species was reported mucket valve. No other federally listed preconstruction and construction nesting approximately 1.4 miles east of mussel or snail species were monitoring program for both aquatic the BLN project area. encountered. Habitat that could support and terrestrial resources as described in Several Alabama state-listed species the federal candidate sheepnose mussel the 1974 FES. This would also cover are reported from Jackson County. Of was identified during this survey. On potential impacts to terrestrial resources these, ospreys (Pandion haliaetus) are this basis, it is assumed that the from transmission line right-of-way the only state-listed terrestrial animal sheepnose mussel, as well as pink maintenance and upgrades. The 1974 species known from the BLN project mucket, is present within areas affected FES considered all potential impacts area. Osprey nests are present on by BLN site development. Specifically, associated with the transmission line transmission line structures within the dredging the intake channel could and noted that TVA’s transmission line proposed project area. impact the pink mucket and other maintenance and construction methods, Eastern big-eared bats (Corynorhinus mussel species in areas of better habitat particularly overspray during herbicide rafinesquii) are reported from Jackson

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58053

County. The species has rarely been Historic and Archaeological Resources determined that sites 1JA978 and observed in recent years despite The National Historic Preservation 1JA112 are located outside the BLN numerous cave and bat surveys Act (NHPA) requires Federal agencies to property boundary. Analysis of artifacts performed by TVA and the ADCNR. consider the effects of their recovered at 1JA300 reveal that the site Forested habitat within the BLN project undertakings on historic properties. was occupied during the Archaic, area was examined in 2008. No Historic properties are defined as Woodland, and Mississippian cultural potential roost trees suitable for big- resources that are eligible for listing on periods. Since 1JA300 was going to be eared bats (large hollow trees) were the National Register of Historic Places adversely impacted by the construction found on the site. Because big-eared bats (NRHP). The criteria for eligibility are of the plant intake structure and access often roost in man-made structures, an listed in the Code of Federal road, data recovery excavations were old water storage and pump facility on Regulations (CFR), under Title 36, conducted on site 1JA300 in 1973, and the property was examined for signs of ‘‘Parks, Forests, and Public Property,’’ 1974, by the University of Alabama. Information provided by TVA in its bat use; no evidence of bats was Part 60, Section 4, ‘‘Criteria for 2007 COL ER indicated that a total of 22 identified. The closest suitable habitat Evaluation’’ (36 CFR 60.4). The historic features and 9 burials were excavated for this species exists at wetlands on preservation review process (Section from the site. One of these features Bellefonte Island (mature hollow trees) 106 of the NHPA) is outlined in consisted of a small structure footprint, in the Tennessee River and along the regulations issued by the Advisory which is indicative of village-level extensive sandstone escarpment of Sand Council on Historic Preservation in Title habitation. The human remains are Mountain located south and across the 36, ‘‘Parks, Forests, and Public located at the University of Alabama. By river from BLN. Property,’’ Part 800, ‘‘Protection of letter dated November 24, 2008, TVA Construction activities proposed for Historic Properties’’ (36 CFR part 800). stated that additional archaeological BLN Unit 1 are not expected to Extension of the BLN Unit 1 CP and surveys have been conducted. In 2006, negatively affect federally- or state-listed completion of construction at BLN Unit TVA conducted a survey to document wildlife. No suitable roosting habitat for 1 is a Federal action that could possibly and evaluate all archaeological gray bats exists on the BLN property. affect either known or undiscovered resources at BLN. During this survey, it The proposed actions would not result historic properties located on or near was determined that site 1JA300 was in adverse impacts to roosting or the plant site and its associated destroyed during construction of the foraging gray bats. Habitat potentially transmission lines. In accordance with intake structure and, therefore, is no suitable for roosting Indiana bats would the provisions of the NHPA, the NRC longer eligible for the NRHP. not be affected by completion of BLN makes a reasonable effort to identify Site 1JA301 was recorded during the Unit 1. Given the overall lack of suitable historic properties in the area of 1972, reconnaissance survey as surficial roost trees, caves, or sandstone outcrops potential effect. The area of potential remains (lithic debris) dating to the and no evidence of bat use at the water effect for this action is the plant site and Archaic period. Analysis of the lithic pump facility, eastern big-eared bats are the immediate environs. debris from this site suggests that it was unlikely to be present, and no impacts To assess the environmental impacts an intermittent campsite. It was to that species are expected. to historic and archaeological resources, recommended that any further The distance between the project area the NRC staff reviewed information excavation of this site would be and the single known bald eagle nest is provided by TVA in its 1974 FES, along unproductive. The 1972, report notes greater than the recommended nesting with supplemental information that site 1JA301 was heavily disturbed buffer zone (660 feet) established by provided by letter to the NRC dated and reduced to plow zone scatter of National Bald Eagle Management October 8, 2010. Additional site details prehistoric materials. Additional testing Guidelines to protect bald eagles. were also obtained from reviewing the determined that site 1JA301 was Therefore, construction activities at BLN Environmental Report in TVA’s October destroyed during construction of BLN Unit 1 are not expected to have a 30, 2007, application for a Combined Units 1 and 2 and is not eligible for significant impact to bald eagles. Noise License (2007 COL ER) for Bellefonte inclusion in the NRHP according to the is not expected to carry to nearby Units 3 and 4. 2007 COL ER. forested tracts that contain potential In 1936, archaeological salvage Site 1JA302 was purported in the foraging habitat for some species. excavations were conducted at the 1974 FES to be remotely located relative Infrequent activities occurring near Bellefonte site associated with the to the construction area. Artifacts these forested areas may cause species construction of Guntersville Reservoir. recovered from 1JA302 dated the site to to leave the area temporarily, but no In 1972, TVA funded an archaeological the Woodland period. Limited long-term effects on individuals or reconnaissance investigation at the excavation was proposed; however, nearby populations are anticipated. Bellefonte site to locate any historic and further excavations were not conducted. archaeological sites that would be Site 1JA302 lies outside the BLN The use of habitats at BLN by adversely impacted by the construction property boundary. Site 1JA302 was federally listed and state-listed of BLN Units 1 and 2. The 1972 survey determined to be eligible for inclusion terrestrial animals is limited. Activities identified three new prehistoric sites on the NRHP. proposed to complete BLN Unit 1 are (1JA300–302), and located two sites Site 1JA111 is an undefined not expected to result in adverse direct, (1JA978 and 1JA112) that were prehistoric occupation site. Additional indirect, or cumulative impacts to previously recorded during the pre- testing was conducted at the site during federally- or state-listed terrestrial inundation survey of Guntersville Lake the 2006 TVA survey. A total of 93 species or their habitats. according to the 1974 FES. Site 1JA978 artifacts were recovered; however, no Based on this information, the NRC was noted in the riverbank and diagnostic lithic artifacts were recovered staff concludes that resumption of contained both Archaic and Woodland to date from the site according to the construction activities at the BLN Unit artifacts. Site 1JA112 was primarily 2007 COL ER. A small number of 1 site would not have a significant inundated; therefore, cultural affiliation ceramics dating to the Mississippian impact on any listed species or other could not be determined for this site. A period were recovered. Based upon the species mentioned above. 2006, survey conducted by TVA stratigraphic profiles and patterns of

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58054 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

artifact recovery, TVA indicated that review and consultation with the risk or rate of exposure to an site 1JA111 appears to contain buried, Alabama Historical Commission would environmental hazard for a minority or intact archaeological deposits and has be initiated for such activities. low-income population is significant the potential to contribute significant Based on the information provided in and exceeds the risk or exposure rate for scientific and archaeological the 1974 FES, 2010 FSEIS, and TVA’s the general population or for another information regarding the prehistory of subsequent responses to the NRC’s appropriate comparison group. A the Guntersville Basin. Site 1JA111 requests for additional information disproportionately high environmental remains potentially eligible for (RAIs) in letters dated August 26,2002, impact that is significant refers to an inclusion in the NRHP. TVA has and November 24, 2008, the NRC staff impact or risk of an impact on the indicated that the site will be fenced off, finds that the potential impacts of natural or physical environment in a and marked on BLN site drawings as an extending the CP and completing low-income or minority community that area to be avoided by any future ground construction of BLN Unit 1 would not appreciably exceeds the environmental disturbing activities according to TVA’s have a significant impact on historic impact on the larger community. Such 2010 FSEIS. and archaeological resources. effects may include ecological, cultural, Site 1JA113 is another undefined human health, economic, or social Socioeconomic Impacts prehistoric occupation site. Additional impacts. Some of these potential effects testing was conducted at the site in 2006 Socioeconomic impacts from the have been identified in resource areas and yielded a single prehistoric lithic proposed extension of the CP and discussed in this EA. For example, flake; however, site 1JA113 does not completing the construction of BLN increased demand for rental housing meet the criteria of eligibility for the Unit 1 include an increase in the size of during construction could NRHP according to the TVA letters the workforce at BLN and associated disproportionately affect low-income dated August 26, September 25, and increased demand for public services populations. Minority and low-income November 24, 2008. and housing in the region. populations are subsets of the general One historic site was identified In the 2010 FSEIS, TVA estimated public residing around BLN, and all are during the 2006 survey. Site 1JA1103 that the workforce needed to complete exposed to the same health and consists of a collapsed structure and the construction of BLN Unit 1 could environmental effects generated from associated outbuilding according to the peak at about 3,000 workers; comprised construction activities at BLN. 2007 COL ER. The 2006, survey of approximately 1,900 construction Minority populations in the vicinity of revealed that this site was used as a workers, and the remaining 1,100 BLN—According to 2000 census data, temporary storage and weather shelter workers including engineering 18.9 percent of the population during the construction of BLN Units 1 operations, testing, and security (approximately 1,083,000 individuals) and 2 according to the TVA letters dated workforce. Most construction workers residing within a 50-mile radius of BLN August 26, September 25, and would relocate temporarily to Jackson identified themselves as minority November 24, 2008. Site 1JA1103 has County resulting in a small, short-term individuals. The largest minority group had its archaeological integrity altered increase in population along with was Black or African American (157,000 by the construction of BLN Units 1 and increased demands for public services persons or 14.5 percent), followed by 2; therefore, the site is not eligible for and housing. Hispanic or Latino of any race (24,000 inclusion in the NRHP. Regardless of Because construction work would be or about 2.2 percent). In 2000, about 8.8 the site’s eligibility, TVA has indicated short-term (approximately 56 months), percent of the Jackson County that the site will be avoided. most construction workers would likely population identified themselves as Adjacent to the BLN site was the stay in rental homes, apartments, mobile minorities, with Black or African Town of Bellefonte, the former Jackson homes, and camper-trailers. According American the largest minority group County seat. The Town of Bellefonte is to U.S. Census Bureau (USCB) American (3.7 percent) followed by American listed in the Alabama Statewide Plan of Community Survey 3-year estimate Indian and Alaskan Native (1.7 percent) Historic Preservation and was (2007–2009) data, there were 3,539 and Hispanic or Latino (1.9 percent) determined eligible for inclusion on the vacant housing units in Jackson County, based on 2010 USCB data. According to NRHP. Among the former town up from 2,553 based on the 2000 USCB American Community Survey 3- buildings was a tavern that dated to Census. Based on a review of the year estimate (2007–2009) data, the 1845 according to the 1974 FES. This information provided by TVA and minority population of Jackson County, building and other structures associated relevant census data, the NRC staff as a percent of total population, had with the Bellefonte town site were concludes that extending the CP and increased to 9.8 percent. moved in 1974. The town site is not on completing the construction of BLN Low-income populations in the TVA property, and the buildings were Unit 1 would not result in a significant vicinity of BLN—Using 2000 census removed by the owners according to the adverse socioeconomic impact. data, approximately 32,000 families and TVA letter dated August 26, 2002. 143,000 individuals (approximately 10.5 The BLN site was heavily disturbed Environmental Justice and 13.2 percent, respectively) residing by the construction of BLN Units 1 and The environmental justice impact within a 50-mile radius of BLN were 2, which began in the 1970s. Extension analysis evaluates the potential for identified as living below the Federal of the CP and completing construction disproportionately high and adverse poverty threshold in 1999. The 1999, of BLN Unit 1 could involve some human health and environmental effects Federal poverty threshold was $17,029 excavation and construction in on minority and low-income for a family of four. previously undisturbed areas of the site. populations that could result from Based on USCB 3-year estimate data, NRC staff expects that for areas not extending the CP and completing the the median household income for previously surveyed, an archaeological construction of BLN Unit 1. Adverse Alabama spanning 2007–2009 was investigation would be conducted by a health effects are measured in terms of $41,458, while 16.7 percent of the state qualified archaeologist prior to the risk and rate of fatal or nonfatal population and 12.7 percent of families performing any ground-disturbing adverse impacts on human health. were determined to be living below the activities. Additionally, since TVA is a Disproportionately high and adverse Federal poverty threshold. Jackson Federal agency, NHPA Section 106 human health effects occur when the County had a lower median household

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58055

income ($34,310) and a slightly lower traffic during shift changes. As CP and completing construction of BLN percentage (16.2 percent) of individuals employment increases at BLN during Unit 1. but a higher percentage of families (13.4 completion of BLN Unit 1, employment Nonradiological Impacts Summary percent) living below the poverty level. opportunities for minority and low- Impact Analysis—Potential impacts to income populations may also increase. Extension of the CP for BLN Unit 1 minority and low-income populations Increased demand for rental housing would not result in a significant change due to the extension of the CP and during peak construction could in nonradiological impacts in the areas completing the construction of BLN disproportionately affect low-income of land use, water use, waste discharges, Unit 1 would mostly consist of populations. However, according to the terrestrial and aquatic biota, environmental and socioeconomic latest available USCB information transmission facility operation, social effects (e.g., noise, dust, traffic, (2007–2009 estimates), there were some and economic factors, and employment changes, and housing 3,500 vacant housing units in Jackson environmental justice related to impacts). County. resumption of construction operations Since much of the construction work Based on this information and the at the BLN site. No other at BLN has been completed, noise and analysis of human health and nonradiological impacts were identified dust impacts would be short-term and environmental impacts presented in this or would be expected. Table 1 limited to onsite activities. Minority and EA, there would be no summarizes the nonradiological low-income populations residing along disproportionately high and adverse environmental impacts of the proposed site access roads could experience impacts to minority and low-income extension of the CP and construction increased commuter vehicle and truck populations from the extension of the completion for BLN Unit 1.

TABLE 1—SUMMARY OF NONRADIOLOGICAL ENVIRONMENTAL IMPACTS

Land Use ...... No changes in land use conditions or significant impacts on aesthetic resources in the vicinity of BLN. Air Quality ...... No significant impacts from vehicular and equipment emissions, and impacts are expected to be controlled within applicable regulatory requirements. Water Resources ...... No significant impacts from construction due to dredging and water use. Aquatic Resources ...... No significant impact from site runoff to benthic communities or from intake channel dredging. Terrestrial Resources ...... Vegetation clearing and ground disturbance in previously undisturbed areas would not have a significant impact. Threatened and Endangered Species ...... No significant direct, indirect, and cumulative impacts to the pink mucket mussel from dredging and towing barges. Transmission Line Maintenance ...... No significant impact to terrestrial and aquatic resources based on the use of BMPs. Historic and Archaeological Resources ...... No significant impact to historic and archaeological resources in the vicinity of BLN. Historic site 1JA111 would be marked and avoided. Socioeconomics ...... No significant impacts from construction. Environmental Justice ...... There would be no disproportionately high and adverse impact on minority and low-income populations in the vicinity of BLN.

Radiological Impacts Occupational Radiation Doses postulated accident doses for the extension of the CP and construction of Plant workers conducting activities Radioactive Effluent and Solid Waste BLN Unit 1. Impacts involving radioactively contaminated systems or working in radiation areas Uranium Fuel Cycle and Transportation Nuclear power plants use waste can be exposed to radiation. However, Impacts treatment systems designed to collect, extension of the CP and construction Since construction activities will not process, and dispose of gaseous, liquid, activities for BLN Unit 1 will not involve radioactive material or and solid wastes that might contain involve any radioactive material; the operation of BLN Unit 1, the NRC staff radioactive material in a safe and NRC staff determined that occupational concluded that there would be no controlled manner such that discharges doses would be maintained within the environmental impact of the fuel cycle are in accordance with the requirements limits of 10 CFR part 20 for the and transportation of fuels and wastes of 10 CFR Part 20, ‘‘Standards for extension of the CPs and construction of for the extension of the CP and Protection Against Radiation,’’ and 10 BLN Unit 1. construction of BLN Unit 1. CFR part 50, ‘‘Domestic Licensing of Public Radiation Doses Production and Utilization Facilities,’’ Radiological Impacts Summary Appendix I. Since construction activities will not The proposed extension of the CP and involve any radioactive material, the Since construction activities will not construction of BLN Unit 1 would not staff determined that public radiation result in a significant impact associated involve the generation of radioactive doses would be maintained within the with radiological effluents and solid effluent and solid waste, the staff limits of 10 CFR part 20 for the waste, occupational and public determined that extension of the CP and extension of the CP and construction of radiation exposure, or the uranium fuel construction of BLN Unit 1 would not BLN Unit 1. cycle and transportation. result in any radiological effluent and Accordingly, the NRC staff concludes Postulated Accident Doses solid waste since BLN Unit 1 would not that there are no significant impacts be operating. As previously discussed, Since construction activities will not associated with the proposed extension disposal of hazardous chemicals used at involve any radioactive material or of the CP and construction of BLN Unit nuclear power plants are regulated by operation of BLN Unit 1, the staff 1. Table 2 summarizes the radiological RCRA or NPDES permits. concludes that there would be no environmental impacts of the proposed

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58056 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

extension of the CP and construction of BLN Unit 1.

TABLE 2—SUMMARY OF RADIOLOGICAL ENVIRONMENTAL IMPACTS

Occupational Radiation Doses ...... No significant impacts. Public Radiation Doses ...... No significant impacts. Postulated Accident Doses ...... No significant impacts. Uranium Fuel Cycle and Transportation Impacts ...... No significant impacts.

Cumulative Impacts is about 1,200 feet east of the current Alternatives to the Proposed Action A cumulative impact is defined in connection point. This change would An alternative to the proposed action Council on Environmental Quality improve traffic visibility and, thereby, of extending the CP for BLN Unit 1 regulations (40 CFR 1508.7) as ‘‘an increase commuter safety. Some new would be to deny the request of impact on the environment which ground would be disturbed for this road extending the CP. This option would results from the incremental impact of but there are no associated significant not eliminate the environmental the action when added to other past, environmental impacts. impacts of construction that have present, and reasonably foreseeable In addition, new clay backfill borrow already occurred, and would only limit future actions regardless of what agency pits may be required to support the the additional construction that has (federal or non-federal) or person completion of BLN Unit 1. These would been determined to largely have no undertakes such other actions.’’ The likely be excavated in undisturbed significant incremental environmental NRC staff has considered past, present, ground east of the main plant buildings. impacts on affected resources, including and reasonably foreseeable future The topsoil would be removed land use, air quality, water resources, actions in this review for cumulative temporarily and replaced to restore the aquatic and terrestrial resources impacts on the environment. Should sites after clay removal. Tree cover including endangered species, TVA receive approval by the NRC and would be removed in this process. socioeconomic conditions, minority and decide to construct one or more new low-income populations, and human Other foreseeable potential health. nuclear power plant units at the construction activities on disturbed Bellefonte site (BLN Unit 1 and/or Unit Another alternative to the proposed ground include installing additional action of extending the CP for BLN Unit 2), the cumulative impact would result waste tanks adjacent to the Unit 1 from construction activities in the 1 to October 1, 2020, would be to issue reactor building and constructing a new a CP extension for a shorter duration. immediate vicinity of the site. power stores building. Also, new plant The NRC staff has conducted a review This option is not feasible due to security requirements would necessitate procurement of long-lead components, of past, present, and the foreseeable changes to the gatehouse and protected future action of extension of the CP and engineering, design, and construction. area fencing. construction for BLN Unit 1. Alternative Use of Resources Cumulative impacts associated with the Based on the above, it is anticipated that potential cumulative impacts from This action does not involve the use completion of construction of BLN Unit of any resources not previously 1 were evaluated for each resource area extension of the CP and construction of BLN Unit 1 would not be significant. considered in the original FES for with the following noteworthy findings. construction. No significant direct, indirect, and One of the considered actions TVA considered a number of cumulative impacts are expected to the involves an application to build two alternatives to constructing and pink mucket mussel from dredging and new nuclear units at the Bellefonte site operating BLN Units 1 and 2 in its 1974 towing barges. USFWS issued a BO for (BLN Units 3 and 4). By letter dated FES, including various sources of base BLN Unit 1 by letter dated April 15, October 30, 2007, TVA submitted its load generation and alternative plant 2010. The BO contains a ‘‘take’’ permit application for a Combined License locations. TVA considered alternatives that allows for impacts to the federally (COL) for Bellefonte Units 3 and 4. to nuclear generation, including energy listed pink mucket under construction On September 29, 2010, TVA sources not requiring new generating of BLN Unit 1. Due to the poor habitat requested that the NRC defer its COL capacity, alternatives requiring new quality and low densities of mussels review efforts for BLN Units 3 and 4. generating capacity, and combinations present in the project area, and the of alternatives. Alternative sites for minimal effects on pink mucket At this juncture, the extension of the additional nuclear generation were also identified in the BA, TVA has CP and construction completion of BLN considered. committed to providing a total of Unit 1 does not constitute a ‘‘proposal’’ TVA considered several alternatives $30,000 to be used for research and that is interdependent with the BLN that could potentially replace new recovery of pink mucket. Units 3 and 4 COL application that is generating capacity, such as power Several other actions contemplated by before the agency. The TVA request to purchases, repowering electrical TVA may contribute to cumulative extend the CP for BLN Unit 1 fails to generating plants, and energy impacts in conjunction with BLN Unit constitute a ‘‘proposal’’ of the type that conservation. 1, as described in TVA’s responses to would trigger a National Environmental TVA also considered whether NRC’s RAIs in letters dated August 26, Policy Act (NEPA) cumulative impact building new nonnuclear capacity 2002, and November 24, 2008. If analysis regarding Unit 1 in the NEPA would address the need for new construction resumes, TVA may analysis for proposed BLN Units 3 and capacity, such as fossil fuel, wind, solar, eventually move (relocate) the first half 4. If construction activities resume for biomass, and hydropower. mile of the south entrance road such BLN Unit 1, TVA would need to assess Combining alternatives could achieve that it would still join Jackson County the BLN Unit 1 construction impacts an energy profile similar to base load Highway 33, but to an intersection that relative to BLN Units 3 and 4. operation. Combinations can utilize

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58057

storage technology with wind or solar the Burnt Prairie, Illinois post office has than those set forth above, or that the technology or augment the variability of been filed. It identifies preliminary Postal Service’s determination disposes wind and solar power with the steps and provides a procedural of one or more of those issues. The dispatchability of fossil generation (coal schedule. Publication of this document deadline for the Postal Service to file the and gas) or biomass generation. will allow the Postal Service, applicable administrative record with TVA concluded that constructing BLN petitioners, and others to take the Commission is September 23, 2011. Unit 1 is the preferred option. appropriate action. See 39 CFR 3001.113. In addition, the Agencies and Persons Consulted DATES: Administrative record due (from due date for any responsive pleading by Postal Service): September 23, 2011; the Postal Service to this Notice is In accordance with its stated policy, deadline for notices to intervene: September 23, 2011. on October 15, 2008, the NRC staff October 11, 2011. See the Procedural Availability; Web site posting. The consulted with the Alabama State Schedule in the SUPPLEMENTARY Commission has posted the appeal and officials, Mr. Keith Hudson and Ms. INFORMATION section for other dates of supporting material on its Web site at Ashley Peters, of the Alabama interest. http://www.prc.gov. Additional filings Department of Conservation and Natural in this case and participants’ ADDRESSES: Submit comments Resources, regarding the environmental submissions also will be posted on the electronically by accessing the ‘‘Filing impact of the proposed action. The state Commission’s Web site, if provided in Online’’ link in the banner at the top of officials had no comments. electronic format or amenable to the Commission’s Web site (http:// conversion, and not subject to a valid Finding of No Significant Impact www.prc.gov) or by directly accessing protective order. Information on how to the Commission’s Filing Online system On the basis of the EA, the use the Commission’s Web site is at https://www.prc.gov/prc-pages/filing- Commission concludes that the available online or by contacting the online/login.aspx. Commenters who proposed action will not have a Commission’s webmaster via telephone cannot submit their views electronically significant effect on the quality of the at 202–789–6873 or via electronic mail should contact the person identified in human environment. Accordingly, the at [email protected]. Commission has determined not to the FOR FURTHER INFORMATION CONTACT The appeal and all related documents prepare an environmental impact section as the source for case-related are also available for public inspection statement for the proposed action. information for advice on alternatives to in the Commission’s docket section. For further details with respect to the electronic filing. Docket section hours are 8 a.m. to 4:30 proposed action, see the licensee’s FOR FURTHER INFORMATION CONTACT: p.m., eastern time, Monday through letter, dated October 8, 2010. Stephen L. Sharfman, General Counsel, Friday, except on Federal government Documents may be examined, and/or at 202–789–6820 (case-related holidays. Docket section personnel may copied for a fee, at the NRC’s PDR, information) or [email protected] be contacted via electronic mail at prc- located at One White Flint North, Room (electronic filing assistance). [email protected] or via telephone at O1–F21, (first floor), 11555 Rockville SUPPLEMENTARY INFORMATION: Notice is 202–789–6846. Pike, Rockville, Maryland 20852. hereby given that, pursuant to 39 U.S.C. Filing of documents. All filings of Publicly available records will be 404(d), on September 8, 2011, the documents in this case shall be made accessible electronically from the Commission received a petition for using the Internet (Filing Online) Agencywide Documents Access and review of the Postal Service’s pursuant to Commission rules 9(a) and Management System (ADAMS) in the determination to close the Burnt Prairie 10(a) at the Commission’s Web site, NRC Library at http://www.nrc.gov/ post office in Burnt Prairie, Illinois. The http://www.prc.gov, unless a waiver is reading-rm/adams.html. Persons who petition was filed by Steven L. obtained. See 39 CFR 3001.9(a) and do not have access to ADAMS or who Whetstone (Petitioner) and is 3001.10(a). Instructions for obtaining an encounter problems in accessing the postmarked August 27, 2011. The account to file documents online may be documents located in ADAMS should Commission hereby institutes a found on the Commission’s Web site or contact the NRC PDR Reference staff at proceeding under 39 U.S.C. 404(d)(5) by contacting the Commission’s docket 1–800–397–4209, or 301–415–4737, or and establishes Docket No. A2011–67 to section at [email protected] or via send an e-mail to [email protected]. consider Petitioner’s appeal. If telephone at 202–789–6846. Dated at Rockville, Maryland, this 9th day Petitioner would like to further explain The Commission reserves the right to of September 2011. his position with supplemental redact personal information which may For the Nuclear Regulatory Commission. information or facts, Petitioner may infringe on an individual’s privacy Stephen J. Campbell, either file a Participant Statement on rights from documents filed in this Chief, Special Projects Branch, Division of PRC Form 61 or file a brief with the proceeding. Operating Reactor Licensing, Office of Commission no later than October 13, Intervention. Persons, other than Nuclear Reactor Regulation. 2011. Petitioner and respondent, wishing to be [FR Doc. 2011–23966 Filed 9–16–11; 8:45 am] Categories of issues apparently raised. heard in this matter are directed to file BILLING CODE 7590–01–P Petitioner contends that: (1) The Postal a notice of intervention. See 39 CFR Service failed to consider the effect of 3001.111(b). Notices of intervention in the closing on the community (see 39 this case are to be filed on or before POSTAL REGULATORY COMMISSION U.S.C. 404(d)(2)(A)(i)); and (2) the Postal October 11, 2011. A notice of Service failed to consider whether or intervention shall be filed using the [Docket No. A2011–67; Order No. 851] not it will continue to provide a Internet (Filing Online) at the maximum degree of effective and Commission’s Web site unless a waiver Post Office Closing regular postal services to the community is obtained for hardcopy filing. See 39 AGENCY: Postal Regulatory Commission. (see 39 U.S.C. 404(d)(2)(A)(iii)). CFR 3001.9(a) and 3001.10(a). ACTION: Notice. After the Postal Service files the Further procedures. By statute, the administrative record and the Commission is required to issue its SUMMARY: This document informs the Commission reviews it, the Commission decision within 120 days from the date public that an appeal of the closing of may find that there are more legal issues it receives the appeal. See 39 U.S.C.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58058 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

404(d)(5). A procedural schedule has are due 7 days after any such motion is 4. Pursuant to 39 U.S.C. 505, Patricia been developed to accommodate this filed. See 39 CFR 3001.21. A. Gallagher is designated officer of the statutory deadline. In the interest of It is ordered: Commission (Public Representative) to expedition, in light of the 120-day 1. The Postal Service shall file the represent the interests of the general decision schedule, the Commission may applicable administrative record public. request the Postal Service or other regarding this appeal no later than 5. The Secretary shall arrange for participants to submit information or September 23, 2011. publication of this notice and order in 2. Any responsive pleading by the the Federal Register. memoranda of law on any appropriate Postal Service to this notice is due no issue. As required by the Commission later than September 23, 2011. By the Commission. rules, if any motions are filed, responses 3. The procedural schedule listed Shoshana M. Grove, below is hereby adopted. Secretary.

PROCEDURAL SCHEDULE

September 8, 2011 ...... Filing of Appeal. September 23, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. September 23, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 11, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). October 13, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 2, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). November 17, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). November 25, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). December 27, 2011 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–23980 Filed 9–16–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: due date for any responsive pleading by BILLING CODE 7710–FW–P Stephen L. Sharfman, General Counsel, the Postal Service to this Notice is at 202–789–6820 (case-related September 22, 2011. information) or [email protected] Application for Suspension of POSTAL REGULATORY COMMISSION (electronic filing assistance). Determination. In addition to her Petition, Beth Dishaw requests an [Docket No. A2011–66; Order No. 850] SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 U.S.C. application for suspension of the Postal Post Office Closing 404(d), on September 7, 2011, the Service’s determination (see 39 CFR Commission received a petition for 3001.114). Commission rules allow for AGENCY: Postal Regulatory Commission. review of the Postal Service’s the Postal Service to file an answer to ACTION: Notice. determination to close the Meridian such application within 10 days after the application is filed. The Postal post office in Meridian, New York. The SUMMARY: This document informs the Service shall file an answer to the petition was filed online by Beth public that an appeal of the closing of application no later than September 19, Dishaw (Petitioner) who also requests the Meridian, New York post office has 2011. an application for suspension of the been filed. It identifies preliminary Availability; Web site posting. The determination. The Commission hereby steps and provides a procedural Commission has posted the appeal and institutes a proceeding under 39 U.S.C. schedule. Publication of this document supporting material on its Web site at 404(d)(5) and establishes Docket No. will allow the Postal Service, http://www.prc.gov. Additional filings A2011–66 to consider Petitioner’s petitioners, and others to take in this case and participants’ appeal. If Petitioner would like to appropriate action. submissions also will be posted on the further explain her position with DATES: Administrative record due (from Commission’s Web site, if provided in supplemental information or facts, electronic format or amenable to Postal Service): September 22, 2011; Petitioner may either file a Participant deadline for notices to intervene: conversion, and not subject to a valid Statement on PRC Form 61 or file a brief protective order. Information on how to October 11, 2011. See the Procedural with the Commission no later than Schedule in the SUPPLEMENTARY use the Commission’s Web site is October 12, 2011. available online or by contacting the INFORMATION section for other dates of Categories of issues apparently raised. interest. Commission’s webmaster via telephone Petitioner contends that the Postal at 202–789–6873 or via electronic mail ADDRESSES: Submit comments Service failed to consider the effect of at [email protected]. electronically by accessing the ‘‘Filing the closing on the community. See 39 The appeal and all related documents Online’’ link in the banner at the top of U.S.C. 404(d)(2)(A)(i). are also available for public inspection the Commission’s Web site (http:// After the Postal Service files the in the Commission’s docket section. www.prc.gov) or by directly accessing administrative record and the Docket section hours are 8 a.m. to 4:30 the Commission’s Filing Online system Commission reviews it, the Commission p.m., eastern time, Monday through at https://www.prc.gov/prc-pages/filing- may find that there are more legal issues Friday, except on Federal government online/login.aspx. Commenters who than the one set forth above, or that the holidays. Docket section personnel may cannot submit their views electronically Postal Service’s determination disposes be contacted via electronic mail at prc- should contact the person identified in of one or more of those issues. The [email protected] or via telephone at the FOR FURTHER INFORMATION CONTACT deadline for the Postal Service to file the 202–789–6846. section as the source for case-related applicable administrative record with Filing of documents. All filings of information for advice on alternatives to the Commission is September 22, 2011. documents in this case shall be made electronic filing. See 39 CFR 3001.113. In addition, the using the Internet (Filing Online)

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58059

pursuant to Commission rules 9(a) and Internet (Filing Online) at the of the Postal Service’s determination no 10(a) at the Commission’s Web site, Commission’s Web site unless a waiver later than September 19, 2011. http://www.prc.gov, unless a waiver is is obtained for hardcopy filing. See 39 2. The Postal Service shall file the obtained. See 39 CFR 3001.9(a) and CFR 3001.9(a) and 3001.10(a). applicable administrative record 3001.10(a). Instructions for obtaining an Further procedures. By statute, the regarding this appeal no later than account to file documents online may be Commission is required to issue its September 22, 2011. found on the Commission’s Web site or decision within 120 days from the date 3. Any responsive pleading by the by contacting the Commission’s docket it receives the appeal. See 39 U.S.C. Postal Service to this notice is due no section at [email protected] or via 404(d)(5). A procedural schedule has later than September 22, 2011. telephone at 202–789–6846. been developed to accommodate this 4. The procedural schedule listed The Commission reserves the right to statutory deadline. In the interest of below is hereby adopted. redact personal information which may expedition, in light of the 120-day 5. Pursuant to 39 U.S.C. 505, infringe on an individual’s privacy decision schedule, the Commission may Cassandra L. Hicks is designated officer rights from documents filed in this request the Postal Service or other of the Commission (Public proceeding. participants to submit information or Representative) to represent the Intervention. Persons, other than memoranda of law on any appropriate interests of the general public. Petitioner and respondent, wishing to be issue. As required by the Commission 6. The Secretary shall arrange for heard in this matter are directed to file rules, if any motions are filed, responses publication of this notice and order in a notice of intervention. See 39 CFR are due 7 days after any such motion is the Federal Register. 3001.111(b). Notices of intervention in filed. See 39 CFR 3001.21. this case are to be filed on or before It is ordered: By the Commission. October 11, 2011. A notice of 1. The Postal Service shall file an Shoshana M. Grove, intervention shall be filed using the answer to the application for suspension Secretary.

PROCEDURAL SCHEDULE

September 7, 2011 ...... Filing of Appeal. September 22, 2011 ...... Deadline for the Postal Service to file the applicable administrative record in this appeal. September 22, 2011 ...... Deadline for the Postal Service to file any responsive pleading. October 11, 2011 ...... Deadline for notices to intervene (see 39 CFR 3001.111(b)). October 12, 2011 ...... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). November 1, 2011 ...... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). November 16, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). November 23, 2011 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). January 5, 2012 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

[FR Doc. 2011–23986 Filed 9–16–11; 8:45 am] Square Capital Management LLC Tower, 18th Floor, 600 Anton BILLING CODE 7710–FW–P (‘‘Palmer Square’’). Boulevard, Costa Mesa, CA 92626. DATES: Filing Dates: The application was FOR FURTHER INFORMATION CONTACT: filed on April 8, 2011, and amended on Keith A. Gregory, Senior Counsel, at SECURITIES AND EXCHANGE June 8, 2011 and August 15, 2011. (202) 551–6815, or Mary Kay Frech, COMMISSION Branch Chief, at (202) 551–6821 Hearing or Notification of Hearing: An (Division of Investment Management, [Investment Company Act Release No. order granting the application will be Office of Investment Company 29787; 812–13891] issued unless the Commission orders a Regulation). hearing. Interested persons may request Investment Managers Series Trust, et a hearing by writing to the SUPPLEMENTARY INFORMATION: The al.; Notice of Application Commission’s Secretary and serving following is a summary of the application. The complete application September 13, 2011. applicants with a copy of the request, personally or by mail. Hearing requests may be obtained via the Commission’s AGENCY: Securities and Exchange should be received by the Commission Web site by searching for the file Commission (‘‘Commission’’). by 5:30 p.m. on October 11, 2011, and number, or an applicant using the ACTION: Notice of an application under should be accompanied by proof of Company name box, at http:// section 6(c) of the Investment Company service on the applicants, in the form of www.sec.gov/search/search.htm or by Act of 1940 (‘‘Act’’) for an exemption an affidavit or, for lawyers, a certificate calling (202) 551–8090. from section 15(a) of the Act and rule of service. Hearing requests should state Applicants’ Representations 18f-2 under the Act, as well as from the nature of the writer’s interest, the certain disclosure requirements. 1. The Trust, a Delaware statutory reason for the request, and the issues trust, is registered under the Act as an contested. Persons who wish to be Summary of Application: Applicants open-end management investment notified of a hearing may request request an order that would permit them company and is comprised of 35 series, notification by writing to the to enter into and materially amend including the Palmer Square Absolute Commission’s Secretary. subadvisory agreements without Return Fund (‘‘PS Fund’’).1 Palmer shareholder approval and would grant ADDRESSES: Secretary, U.S. Securities relief from certain disclosure and Exchange Commission, 100 F 1 Applicants also request relief with respect to Street, NE., Washington, DC 20549– existing and future series of the Trust and any other requirements. existing or future registered open-end management Applicants: Investment Managers 1090. Applicants: c\o Laurie A. Dee, investment company or series thereof that: (a) Is Series Trust (the ‘‘Trust’’) and Palmer Esq., Bingham McCutchen LLP, Plaza Continued

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58060 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Square is registered as an investment their hiring, retention or termination, at the existing and proposed fees and the adviser under the Investment Advisers all times subject to the authority of the difference between the two fees. Act of 1940 (‘‘Advisers Act’’) and serves Board. 4. Regulation S–X sets forth the as the investment adviser to the PS 3. Applicants request an order to requirements for financial statements Fund. Any other Adviser will be permit the Adviser, subject to Board required to be included as part of registered as an investment adviser approval, to enter into and materially investment company registration under the Advisers Act. An Adviser will amend Subadvisory Agreements statements and shareholder reports filed serve as the investment adviser to each without obtaining shareholder approval. with the Commission. Sections 6– Fund pursuant to an investment The requested relief will not extend to 07(2)(a), (b) and (c) of Regulation S–X advisory agreement (the ‘‘Advisory any subadviser that is an affiliated require that investment companies Agreement’’) with the Fund. Each person, as defined in section 2(a)(3) of include in their financial statements Advisory Agreement will be approved the Act, of the Trust, a Fund or the information about investment advisory by the board of trustees of the Trust Adviser, other than by reason of serving fees. (‘‘Board’’), 2 including a majority of the as a subadviser to the Fund (‘‘Affiliated 5. Section 6(c) of the Act provides that trustees who are not ‘‘interested Subadviser’’). the Commission may exempt any persons,’’ as defined in section 2(a)(19) 4. Applicants also request an person, security, or transaction or any of the Act, of the Trust or the Adviser exemption from the various disclosure class or classes of persons, securities, or (‘‘Independent Trustees’’) and by the provisions described below that may transactions from any provisions of the initial shareholder of the Fund. require the Funds to disclose fees paid Act, or from any rule thereunder, if such 2. Under the terms of each Advisory by the Adviser to the Subadvisers. An exemption is necessary or appropriate Agreement, the Adviser, subject to the exemption is requested to permit each in the public interest and consistent oversight of the Board, will be Fund to disclose (as both a dollar with the protection of investors and the responsible for the overall management amount and as a percentage of the purposes fairly intended by the policy of each Fund’s business affairs and respective Fund’s net assets): (a) The and provisions of the Act. Applicants selecting the Funds’ investments in aggregate fees paid to the Adviser and state that the requested relief meets this accordance with its investment any Affiliated Subadvisers; and (b) the standard for the reasons discussed objectives, policies and restrictions. For aggregate fees paid to Subadvisers below. the investment management services (collectively, ‘‘Aggregate Fee 6. Applicants assert that the that it provides to the Fund, an Adviser Disclosure’’). Any Fund that employs an shareholders are relying on the will receive the fee specified in the Affiliated Subadviser also will provide Adviser’s expertise to select one or more Advisory Agreement. The Advisory separate disclosure of any fees paid to Subadvisers best suited to achieve a Agreement also permits the Adviser to any Affiliated Subadviser. Fund’s investment objectives. Applicants assert that, from the retain one or more subadvisers, at its Applicants’ Legal Analysis own cost and expense, for the purpose perspective of the shareholder, the role of managing the investment of all or a 1. Section 15(a) of the Act provides, of the Subadvisers is substantially portion of the assets of a Fund. Pursuant in relevant part, that it is unlawful for equivalent to that of the individual to this authority, the Adviser will enter any person to act as an investment portfolio managers employed by into investment subadvisory agreements adviser to a registered investment traditional advisory firms. Applicants (‘‘Subadvisory Agreements’’) with company except pursuant to a written state that requiring shareholder certain unaffiliated subadvisers (each, a contract that has been approved by the approval of each Subadvisory ‘‘Subadviser’’) to provide investment vote of a majority of the company’s Agreement would subject a Fund to advisory services to the Funds. Palmer outstanding voting securities. Rule 18f– expenses and delays and may preclude Square currently employs seven 2 under the Act provides that each the Adviser from acting promptly. Subadvisers for the PS Fund. Each series or class of stock in a series Applicants note that the Advisory Subadviser is and each future investment company affected by a Agreement and any subadvisory Subadviser will be registered as an matter must approve that matter if the agreement with an Affiliated Subadviser investment adviser under the Advisers Act requires shareholder approval. will remain subject to section 15(a) of Act. The Adviser will supervise, 2. Form N–1A is the registration the Act and rule 18f–2 under the Act. evaluate and allocate assets to the statement used by open-end investment 7. Applicants assert that Subadvisers Subadvisers, and make companies. Item 19(a)(3) of Form N–1A use a ‘‘posted’’ rate schedule to set their recommendations to the Board about requires disclosure of the method and fees. Applicants state that, while amount of the investment adviser’s Subadvisers are willing to negotiate fees advised by Palmer Square or any entity controlling, compensation. lower than those posted in the schedule, controlled by or under common control with 3. Rule 20a–1 under the Act requires they are reluctant to do so where the Palmer Square or its successors (any such entity, proxies solicited with respect to an together with Palmer Square, an ‘‘Adviser’’); (b) fees are disclosed to the public and uses the manager of managers structure described investment company to comply with other Subadvisers. Applicants submit in the application (the ‘‘Manager of Managers Schedule 14A under the Securities that the requested relief will allow the Structure’’) and (c) complies with the terms and Exchange Act of 1934 (‘‘1934 Act’’). Adviser to negotiate more effectively conditions of the application (together with the PS Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) Fund, the ‘‘Funds’’ and each, individually, a with Subadvisers. ‘‘Fund’’). For the purposes of the requested order, and 22(c)(9) of Schedule 14A, taken ‘‘successor’’ is limited to an entity or entities that together, require a proxy statement for a Applicants’ Conditions result from a reorganization into another shareholder meeting at which the Applicants agree that any order jurisdiction or a change in the type of business organization. All entities that currently intend to advisory contract will be voted upon to granting the requested relief will be rely on the requested relief are named as applicants. include the ‘‘rate of compensation of the subject to the following conditions: If the name of any Fund contains the name of a investment adviser,’’ the ‘‘aggregate 1. Before a Fund may rely on the Subadviser (as defined below), the name of the amount of the investment adviser’s requested order, the operation of the Adviser that serves as the primary adviser to the Fund will precede the name of the Subadviser. fees,’’ a description of the ‘‘terms of the Fund in the manner described in the 2 The term ‘‘Board’’ also includes the board of contract to be acted upon,’’ and, if a application will be approved by a trustees or directors of a future Fund. change in the advisory fee is proposed, majority of the Fund’s outstanding

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58061

voting securities, as defined in the Act, discretion of the then-existing SECURITIES AND EXCHANGE or in the case of a Fund whose public Independent Trustees. COMMISSION shareholders purchase shares on the 8. Each Adviser will provide the basis of a prospectus containing the Board, no less frequently than quarterly, [Release No. 34–65221; File No. SR–FINRA– disclosure contemplated by condition 2 with information about the profitability 2011–042] below, by the initial shareholder(s) of the Adviser on a per-Fund basis. The before offering shares of that Fund to the information will reflect the impact on Self-Regulatory Organizations; public. profitability of the hiring or termination Financial Industry Regulatory 2. Each Fund relying on the requested of any Subadviser during the applicable Authority, Inc.; Notice of Filing and order will disclose in its prospectus the quarter. Immediate Effectiveness of Proposed existence, substance, and effect of any 9. Whenever a Subadviser is hired or Rule Change Relating to Fee for the order granted pursuant to the terminated, the Adviser will provide the Operations Professional Examination application. Each Fund will hold itself Board with information showing the out to the public as utilizing the expected impact on the profitability of August 30, 2011. Manager of Managers Structure. The the Adviser. prospectus will prominently disclose Correction that the Adviser has ultimate 10. An Adviser will provide general responsibility (subject to oversight by management services to each Fund, In notice document 2011–22764 the Board) to oversee the Subadvisers including overall supervisory appearing on pages 55441–55445 in the and recommend their hiring, responsibility for the general issue of September 7, 2011, make the termination, and replacement. management and investment of each following correction: Fund’s assets and, subject to review and 3. Within 90 days of the hiring of a On page 55441, in the third column, approval of the Board, will: (a) Set each new Subadviser, Fund shareholders will the File No. in the heading is corrected Fund’s overall investment strategies; (b) be furnished all information about the to read as set forth above. new Subadviser that would be included evaluate, select and recommend in a proxy statement, except as modified Subadvisers to manage all or a part of [FR Doc. C1–2011–22764 Filed 9–16–11; 8:45 am] to permit Aggregate Fee Disclosure. This each Fund’s assets; (c) allocate and, BILLING CODE 1505–01–D information will include Aggregate Fee when appropriate, reallocate each Disclosure and any change in disclosure Fund’s assets among one or more caused by the addition of the new Subadvisers; (d) monitor and evaluate SECURITIES AND EXCHANGE Subadviser. To meet this obligation, the performance of Subadvisers; and (e) COMMISSION each Fund will provide shareholders, implement procedures reasonably within 90 days of the hiring of a new designed to ensure that the Subadvisers [Release No. 34–65338; File No. SR–OCC– Subadviser, an information statement comply with each Fund’s investment 2011–12] meeting the requirements of Regulation objective, policies and restrictions. 14C, Schedule 14C and Item 22 of 11. No Trustee or officer of the Trust Self-Regulatory Organizations; Schedule 14A under the 1934 Act, or a Fund, or director, manager, or Options Clearing Corporation; Notice except as modified by the order to officer of an Adviser, will own directly of Filing of Proposed Rule Change To permit Aggregate Fee Disclosure. or indirectly (other than through a Adopt Fitness Standards for Directors, 4. An Adviser will not enter into a pooled investment vehicle that is not Clearing Members, and Others Subadvisory Agreement with any controlled by such person), any interest Affiliated Subadviser without such in a Subadviser, except for (a) September 14, 2011. agreement, including the compensation ownership of interests in the Adviser or Pursuant to Section 19(b)(1) of the to be paid thereunder, being approved any entity that controls, is controlled by, Securities Exchange Act of 1934 by the shareholders of the applicable or is under common control with the (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 Fund. Adviser or (b) ownership of less than notice is hereby given that on August 5. At all times, at least a majority of 1% of the outstanding securities of any 31, 2011, The Options Clearing the Board will be Independent Trustees, class of equity or debt of any publicly Corporation (‘‘OCC’’) filed with the and the nomination of new or additional traded company that is either a Securities and Exchange Commission Independent Trustees will be placed Subadviser or an entity that controls, is (‘‘Commission’’) the proposed rule within the discretion of the then- controlled by, or is under common change as described in Items I, II, and existing Independent Trustees. control with a Subadviser. III below, which Items have been 6. Whenever a subadviser change is 12. Each Fund will disclose in its prepared primarily by OCC. The proposed for a Fund with an Affiliated registration statement the Aggregate Fee Commission is publishing this notice to Subadviser, the Board, including a Disclosure. solicit comments on the proposed rule majority of the Independent Trustees, 13. In the event the Commission change from interested persons. will make a separate finding, reflected adopts a rule under the Act providing in the applicable Board minutes, that substantially similar relief to that in the I. Self-Regulatory Organization’s such change is in the best interests of order requested in the application, the Statement of the Terms of Substance of the Fund and its shareholders, and does requested order will expire on the the Proposed Rule Change not involve a conflict of interest from effective date of that rule. which the Adviser or the Affiliated The purpose of the proposed rule Subadviser derives an inappropriate For the Commission, by the Division of Investment Management, under delegated change is to establish fitness standards advantage. for directors, clearing members, and 7. Independent legal counsel, as authority. others. defined in rule 0–1(a)(6) under the Act, Elizabeth M. Murphy, will be engaged to represent the Secretary. Independent Trustees. The selection of [FR Doc. 2011–23982 Filed 9–16–11; 8:45 am] 1 15 U.S.C. 78s(b)(1). such counsel will be within the BILLING CODE 8011–01–P 2 17 CFR 240.19b–4.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58062 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

II. Self-Regulatory Organization’s (II) to permit the consideration of the closely modeled on existing designated Statement of the Purpose of, and views of both owners and participants, contract market (‘‘DCM’’) Core Principle Statutory Basis for, the Proposed Rule and (ii) establish and enforce 14, which also requires that fitness Change appropriate fitness standards for (I) standards be established for directors, In its filing with the Commission, directors, (II) members of any members and ‘‘any other persons with disciplinary committee, (III) members of OCC included statements concerning direct access to the facility.’’ The CFTC the DCO, (IV) any other individual or the purpose of and basis for the has previously issued guidance on DCM entity with direct access to the proposed rule change and discussed any Core Principle 14 and interpreted settlement or clearing activities of the comments it received on the proposed ‘‘persons with direct access to the DCO, and (V) any party affiliated with rule change. The text of these statements facility’’ to include ‘‘non-member any of the above. OCC’s existing may be examined at the places specified market participants who are not governance arrangements satisfy the in Item IV below. OCC has prepared transparency requirements of intermediated and do not have summaries, set forth in sections (A), (B), subparagraph (i) of Core Principle O. [member] privileges, obligations, and (C) below, of the most significant OCC is proposing to adopt the Fitness responsibilities or disciplinary aspects of these statements. Standards in order to assure compliance authority.’’ This interpretation suggests (A) Self-Regulatory Organization’s with subparagraph (ii) of Core Principle that ‘‘access’’ is intended to mean the Statement of the Purpose of, and O. type of access that a member would Statutory Basis for, the Proposed Rule have. OCC believes that by analogy Description of Proposed Fitness ‘‘persons with direct access to the Change Standards settlement or clearing activities’’ of a The purpose of this proposed rule The proposed Fitness Standards, DCO, as used in Core Principle O, is change is to facilitate compliance by which are attached as Exhibit 5 to this intended to refer to persons with access OCC with new core principles (‘‘Core rule filing, comply with Core Principle Principles’’) applicable to derivatives to submit transactions for clearing or to O by establishing minimum standards give instructions to OCC regarding clearing organizations (‘‘DCOs’’) that are for directors and clearing members, as set forth in the CEA, as amended by the accounts or transactions or otherwise well as affiliates of such directors and have access to the clearing system in a Dodd-Frank Act. In particular, new DCO 3 clearing members. The proposed manner similar to the access that a Core Principle O requires DCOs to Fitness Standards are generally similar Clearing Member would have. OCC also establish fitness standards for directors, to fitness standards adopted by the does not read ‘‘any other individual or clearing members and certain other Depository Trust and Clearing entity with direct access to the individuals. Corporation. settlement or clearing activities of the Background The Fitness Standards incorporate the Proposed Rule’s minimum fitness [DCO]’’ to include OCC employees or The Core Principles for DCOs are set standards for directors and clearing service providers such as settlement forth in the CEA and consist of a members, including the basis for refusal banks. Accordingly, OCC believes that number of governing principles to to register a person under Section 8a(2) there are presently no persons with which a DCO is required to adhere. OCC of the CEA and, for directors only, the ‘‘direct access’’ to the settlement and is registered as a DCO with the absence of a significant history of clearing activities of OCC other than Commodity Futures Trading serious disciplinary offences, such as clearing members. Commission (the ‘‘CFTC’’) under those that would be disqualifying under Proposed By-Law Changes Section 5b of the CEA, and clears Section 1.63 of the CFTC’s regulations. commodity futures and commodity The Fitness Standards do not establish options traded on five futures exchanges Article III (Board of Directors) and criteria for members of the disciplinary Article V (Clearing Members) set forth subject to the CFTC’s jurisdiction. Title committee or for persons ‘‘with direct VII of the Dodd-Frank Act amended the qualifications for directors and clearing access to the settlement or clearing members, respectively. The CEA to expand existing Core Principles activities’’ of OCC (‘‘Access Persons’’). and to add certain new Core Principles. Interpretations and Policies under the In OCC’s case, all members of appropriate sections of both Articles are The applicable Dodd-Frank disciplinary committees4 are directors being amended to incorporate the amendments to the CEA become of the Corporation and will be subject to applicable Fitness Standards by effective July 16, 2011. In January 2011, the Fitness Standards as such. With the CFTC published proposed rules (the respect to Access Persons, neither the reference. ‘‘Proposed Rules’’) to implement the CEA nor the Proposed Rules provide OCC believes that the proposed Core Principles, as amended and any explicit guidance as to the persons changes to its By-Laws and Rules are expanded by the Dodd Frank Act. The intended to be included in the phrase consistent with the purposes and Proposed Rules propose certain ‘‘any other individual or entity with requirements of Section 17A of the minimum criteria for complying with direct access to the settlement or Exchange Act, because they are the Core Principles, and propose certain clearing activities of the [DCO].’’ designed to permit OCC to perform clarifications of the more ambiguous Similarly, the term ‘‘direct access’’ is clearing services for products that are provisions of the Core Principles. The not defined in the CEA or the Proposed subject to the jurisdiction of the CFTC Proposed Rules have not been adopted Rules. However, Core Principle O is and will not be effective until 60 days without adversely affecting OCC’s following the date on which the CFTC obligations with respect to the prompt 3 Pursuant to a conversation among OCC, the and accurate clearance and settlement of publishes final rules implementing the Commission and the CFTC, the CFTC has indicated Core Principles. that the proposed rule change may become effective securities transactions or the protection Core Principle O provides that each after July 16, 2011 without impacting OCC’s status of securities investors and the public as a DCO. interest. The proposed rule change is DCO must: (i) Establish governance 4 OCC has no standing disciplinary committee. arrangements that are transparent (I) to Disciplinary committees are formed on an ad hoc not inconsistent with any rules of OCC. fulfill public interest requirements and basis. See OCC Rule 1202(a).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58063

(B) Self-Regulatory Organization’s change that are filed with the The Commission is publishing this Statement on Burden on Competition Commission, and all written notice to solicit comments on the OCC does not believe that the communications relating to the proposed rule change from interested proposed rule change would impose any proposed rule change between the persons. burden on competition. Commission and any person, other than those that may be withheld from the I. Self-Regulatory Organization’s (C) Self-Regulatory Organization’s public in accordance with the Statement of the Terms of Substance of Statement on Comments on the provisions of 5 U.S.C. 552, will be the Proposed Rule Change Proposed Rule Change Received From available for Web site viewing and The Exchange proposes to amend its Members, Participants or Others printing in the Commission’s Public Fees Schedule. The text of the proposed Written comments were not and are Reference Section, 100 F Street, NE., rule change is available on the not intended to be solicited with respect Washington, DC 20549, on official Exchange’s Web site (http:// to the proposed rule change and none business days between the hours of 10 www.cboe.org/legal), at the Exchange’s have been received. a.m. and 3 p.m. Copies of such filings Office of the Secretary, and at the will also be available for inspection and Commission. III. Date of Effectiveness of the copying at the principal office of OCC Proposed Rule Change and Timing for and on OCC’s Web site at http:// II. Self-Regulatory Organization’s Commission Action www.optionsclearing.com/components/ Statement of the Purpose of, and Within 45 days of the date of docs/legal/rules_and_bylaws/sr_occ_11 Statutory Basis for, the Proposed Rule publication of this notice in the Federal _12.pdf. Change Register or within such longer period All comments received will be posted In its filing with the Commission, the up to 90 days (i) as the Commission may without change; the Commission does self-regulatory organization included designate if it finds such longer period not edit personal identifying statements concerning the purpose of to be appropriate and publishes its information from submissions. You and basis for the proposed rule change reasons for so finding or (ii) as to which should submit only information that and discussed any comments it received the self-regulatory organization you wish to make available publicly. All on the proposed rule change. The text consents, the Commission will: submissions should refer to File of those statements may be examined at (A) By order approve or disapprove Number SR–OCC–2011–12 and should the places specified in Item IV below. the proposed rule change or be submitted on or before October 11, The Exchange has prepared summaries, (B) Institute proceedings to determine 2011. set forth in sections A, B, and C below, whether the proposed rule change For the Commission by the Division of of the most significant parts of such should be disapproved. Trading and Markets, pursuant to delegated statements. authority.5 IV. Solicitation of Comments Elizabeth M. Murphy, A. Self-Regulatory Organization’s Interested persons are invited to Secretary. Statement of the Purpose of, and the submit written data, views, and Statutory Basis for, the Proposed Rule [FR Doc. 2011–23976 Filed 9–16–11; 8:45 am] arguments concerning the foregoing, Change including whether the proposed rule BILLING CODE 8011–01–P 1. Purpose change is consistent with the Act. Comments may be submitted by any of SECURITIES AND EXCHANGE On August 1, 2011, the Exchange the following methods: COMMISSION implemented a waiver of the Clearing Trading Permit Holder (‘‘CTPH’’) Electronic Comments [Release No. 34–65325; File No. SR–CBOE– Proprietary Transaction Fee (the ‘‘Fee’’) • Use the Commissions Internet 2011–085] for CTPHs executing facilitation orders comment form (http://www.sec.gov/ in multiply-listed FLEX Options classes Self-Regulatory Organizations; rules/sro.shtml) or send an e-mail to (the ‘‘Waiver’’).3 At that time, the [email protected]. Please include Chicago Board Options Exchange, Incorporated; Notice of Filing and Exchange intended to exclude from the File Number SR–OCC–2011–12 on the Waiver such orders originating from subject line. Immediate Effectiveness of a Proposed Rule Change Concerning the Clearing joint back-office (‘‘JBO’’) participants, Paper Comments Trading Permit Holder Proprietary but due to an oversight, such orders were not excluded. Therefore, the • Send paper comments in triplicate Transaction Fee Waiver for Orders in Multiply-Listed FLEX Options Classes Exchange now proposes to amend the to Elizabeth M. Murphy, Secretary, Waiver to exclude such orders Securities and Exchange Commission, September 12, 2011. originating from JBO participants. 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) of the A JBO is an arrangement whereby a 20549–1090. Securities Exchange Act of 1934 broker/dealer maintains a nominal All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 ownership interest in its clearing firm. Number SR–OCC–2011–12. This file notice is hereby given that on August The clearing firm will issue a special number should be included on the 31, 2011, the Chicago Board Options class of non-voting preferred stock to subject line if e-mail is used. To help the Exchange, Incorporated (‘‘Exchange’’ or other broker/dealers that clear their Commission process and review your ‘‘CBOE’’) filed with the Securities and proprietary positions through the comments more efficiently, please use Exchange Commission (‘‘Commission’’) clearing firm. JBO participants are not only one method. The Commission will the proposed rule change as described considered self-clearing for any purpose post all comments on the Commission’s in Items I, II, and III below, which Items other than the extension of credit under Internet Web site (http://www.sec.gov/ have been prepared by the Exchange. CBOE Rule 12.3 or under comparable rules/sro.shtml.) Copies of the submission, all subsequent 5 17 CFR 200.30–3(a)(12). 3 See Securities Exchange Act Release No. 34– amendments, all written statements 1 15 U.S.C. 78s(b)(1). 65007 (August 2, 2011), 76 FR 48190 (August 8, with respect to the proposed rule 2 17 CFR 240.19b–4. 2011) (SR–CBOE–2011–071).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58064 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

rules of another self-regulatory 2. Statutory Basis a level of consistency in the Fees organization.4 Schedule. The proposed rule change is The Exchange operates in a highly JBOs are separate entities from the consistent with Section 6(b) of the Act,7 competitive market in which CTPHs with which they maintain an in general, and furthers the objectives of sophisticated and knowledgeable arrangement, and do not have a Sections 6(b)(4) 8 of the Act in market participants readily can, and do, complete common identity of particular, in that it is designed to send order flow to competing exchanges ownership with the CTPHs. JBOs take provide for the equitable allocation of based on fee levels. The Exchange advantage of the exposure across the reasonable dues, fees, and other charges believes that the fees it assesses must be market that CTPHs afford and use among CBOE Trading Permit Holders competitive with fees assessed on other CTPHs for margin relief. While JBO and other persons using Exchange options exchanges. The Exchange trades come into market with the same facilities. The Exchange believes that believes that this competitive origin code as CTPHs, these trades are amending the Waiver to exclude JBO marketplace impacts the fees present on executed on behalf of the JBO and not orders is reasonable because the amount the Exchange today and influences the the CTPHs. CTPHs have various of the fee, either $0.20 or $0.25 per proposals set forth above. obligations, such as clearing accounts contract (depending on the product), is B. Self-Regulatory Organization’s and settling trades, and must abide by within the range of fees assessed by the Statement on Burden on Competition certain requirements, such as those Exchange for other orders charged to regarding books and records, and risk other market participants for the same CBOE does not believe that the analysis, that JBOs do not. Moreover, product.9 Indeed, up until August 1, proposed rule change will impose any burden on competition not necessary or unlike CTPHs, JBOs do not guarantee 2011 (one month ago), when the Waiver appropriate in furtherance of the performance on contracts, and if a JBO was instituted and unintentionally purposes of the Act. backs out of a position or otherwise included JBO trades, JBOs paid this cannot maintain a position that the JBO amount for firm facilitation orders in C. Self-Regulatory Organization’s had taken, the CTPH is still on the hook multiply-listed FLEX Options classes. Statement on Comments on the to maintain that JBO position. Also, The Exchange believes amending the Proposed Rule Change Received From unlike CTPHs, JBOs are not self-clearing Waiver to exclude JBO orders is Members, Participants, or Others for the purposes of facilitation.5 Further, equitable and not unfairly No written comments were solicited CTPHs must work with the Options discriminatory because, unlike CTPHs, or received with respect to the proposed Clearing Corporation (‘‘OCC’’) to clear JBOs are not self-clearing for the rule change. purposes of facilitation,10 and because trades and satisfy OCC requirements on III. Date of Effectiveness of the CTPHs have a number of obligations, subjects such as capital requirements, Proposed Rule Change and Timing for responsibilities and liabilities that JBOs which JBOs do not need to satisfy. In Commission Action recognition of the obligations and do not possess. These obligations The proposed rule change is liabilities that CTPHs possess and include clearing accounts, settling designated by the Exchange as which JBOs do not possess, and because trades, and must abide by certain requirements, such as those regarding establishing or changing a due, fee, or JBOs are not self-clearing for the other charge, thereby qualifying for purposes of facilitation, the Exchange books and records, and risk analysis. Moreover, unlike CTPHs, JBOs do not effectiveness on filing pursuant to does not at the present time desire to 12 guarantee performance on contracts, and Section 19(b)(3)(A) of the Act and provide the Waiver to JBOs, and 13 if a JBO backs out of a position or subparagraph (f)(2) of Rule 19b–4 therefore proposes to exclude JBOs from otherwise cannot maintain a position thereunder. At any time within 60 days the Waiver. Finally, the Exchange that the JBO had taken, the CTPH is still of the filing of the proposed rule change, currently excludes JBO orders from the on the hook to maintain that JBO the Commission summarily may 6 Fee Cap and Sliding Scale. Excluding position. Further, CTPHs must work temporarily suspend such rule change if JBOs from the Waiver helps to achieve with the OCC to clear trades and satisfy it appears to the Commission that such a level of consistency in the Fees OCC requirements on subjects such as action is necessary or appropriate in the Schedule. capital requirements, which JBOs do not public interest, for the protection of investors, or otherwise in furtherance of As previously stated, JBO trades come need to satisfy. In recognition of the the purposes of the Act. into the market with the same origin obligations and liabilities that CTPHs code as CTPHs. However, CTPHs may possess and which JBOs do not possess, IV. Solicitation of Comments possess different clearing firm numbers; and because JBOs are not self-clearing Interested persons are invited to each CTPH has a number for its own for the purposes of facilitation, the submit written data, views, and trades, and a different number for each Exchange believes it is equitable and not arguments concerning the foregoing, JBO. Therefore, JBO trades will be unfairly discriminatory to exclude JBOs including whether the proposed rule identified and differentiated from CTPH from the Waiver. Finally, the Exchange change is consistent with the Act. currently excludes JBO orders from the Comments may be submitted by any of trades by these different numbers. 11 Fee Cap and Sliding Scale. Excluding the following methods: The proposed rule change would take JBOs from the Waiver helps to achieve effect on September 1, 2011. Electronic Comments 7 15 U.S.C. 78f(b). • Use the Commission’s Internet 4 See CBOE Rule 13.4, Interpretation and Policy 8 15 U.S.C. 78f(b)(4). comment form (http://www.sec.gov/ .01. 9 See Exchange Fees Schedule, Section 1. 5 rules/sro.shtml); or See CBOE Rule 13.4, Interpretation and Policy 10 See CBOE Rule 13.4, Interpretation and Policy • Send an e-mail to rule- .01. .01. [email protected]. Please include File 6 See Exchange Fees Schedule section regarding 11 See Exchange Fees Schedule section regarding the Multiply-Listed Options Fee Cap and the CBOE the Multiply-Listed Options Fee Cap and the CBOE Proprietary Products Sliding Scale for Clearing Proprietary Products Sliding Scale for Clearing 12 15 U.S.C. 78s(b)(3)(A). Trading Permit Holder Proprietary Orders. Trading Permit Holder Proprietary Orders. 13 17 CFR 240.19b–4(f)(2).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58065

Number SR–CBOE–2011–085 on the SECURITIES AND EXCHANGE Section 7d of the BOX Fee Schedule. subject line. COMMISSION Specifically, the Exchange proposes to: (1) Increase both the credits and the fees Paper Comments [Release No. 34–65330; File No. SR–BX– for PIP transactions in classes that are 2011–046] • Send paper comments in triplicate not subject to the Penny Pilot (‘‘Non- to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; Penny classes’’) from $0.30 to $0.75 per contract; and (2) increase both the Securities and Exchange Commission, NASDAQ OMX BX, Inc.; Suspension of credits and the fees for PIP transactions 100 F Street, NE., Washington, DC and Order Instituting Proceedings To in Penny Pilot classes where the trade 20549–1090. Determine Whether To Approve or Disapprove a Proposed Rule Change price is equal to or greater than $3.00 All submissions should refer to File To Amend the BOX Fee Schedule With per contract (other than in QQQQ, SPY, Number SR–CBOE–2011–085. This file Respect to Credits and Fees for and IWM) from $0.30 to $0.75 per number should be included on the Transactions in the BOX Price contract. The credits and the fees for PIP subject line if e-mail is used. To help the Improvement Period transactions in QQQQ, SPY, and IWM Commission process and review your and in all other Penny Pilot classes comments more efficiently, please use September 13, 2011. where the trade price is less than $3.00 only one method. The Commission will I. Introduction per contract will remain at $0.30 per contract. The credits are paid by the post all comments on the Commission’s On July 15, 2011, NASDAQ OMX BX, Internet Web site (http://www.sec.gov/ Exchange on the agency order that is Inc. (the ‘‘Exchange’’) filed with the submitted to the PIP auction on behalf rules/sro.shtml). Copies of the Securities and Exchange Commission of a customer. The fees are charged by submission, all subsequent (the ‘‘Commission’’), pursuant to the Exchange to the order that is amendments, all written statements Section 19(b)(1) of the Securities executed against the agency order, with respect to the proposed rule Exchange Act of 1934 (‘‘Exchange Act’’ whether such order is a paired order change that are filed with the or ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 submitted by the BOX Options Commission, and all written a proposed rule change to amend the Participant that also submitted the communications relating to the Fee Schedule of the Boston Options agency order or an order submitted by proposed rule change between the Exchange Group, LLC (‘‘BOX’’) to another BOX Options Participant in Commission and any person, other than increase the credits and fees for certain response to the PIP auction. The credits those that may be withheld from the transactions in the BOX Price and fees are in addition to any public in accordance with the Improvement Period (‘‘PIP’’).3 The applicable trading fees, as described in provisions of 5 U.S.C. 552, will be proposed rule change was immediately Sections 1 through 3 of the BOX Fee available for Web site viewing and effective upon filing with the Schedule.6 printing in the Commission’s Public Commission pursuant to Section III. Suspension of SR–BX–2011–046 Reference Room, 100 F Street, NE., 19(b)(3)(A) of the Act.4 Notice of filing Washington, DC 20549, on official of the proposed rule change was Pursuant to Section 19(b)(3)(C) of the 7 business days between the hours of 10 published in the Federal Register on Act, at any time within 60 days of the 5 a.m. and 3 p.m. Copies of such filing August 3, 2011. date of filing a proposed rule change 8 also will be available for inspection and Under Section 19(b)(3)(C) of the Act, pursuant to Section 19(b)(1) of the Act, copying at the principal office of the the Commission is (1) hereby the Commission summarily may temporarily suspend the change in the Exchange. All comments received will temporarily suspending File No. SR– BX–2011–046, and (2) instituting rules of a self-regulatory organization if be posted without change; the proceedings to determine whether to it appears to the Commission that such Commission does not edit personal approve or disapprove File No. SR–BX– action is necessary or appropriate in the identifying information from 2011–046. public interest, for the protection of submissions. You should submit only investors, or otherwise in furtherance of II. Summary of the Proposed Rule information that you wish to make the purposes of the Act. available publicly. All submissions Change The Commission believes it is should refer to File Number SR–CBOE– The Exchange proposes to increase appropriate to evaluate the effect of the 2011–085 and should be submitted on the credits and fees for certain proposed rule change on competition or before October 11, 2011. transactions in the PIP by modifying among different types of market For the Commission, by the Division of participants and on market quality, 1 Trading and Markets, pursuant to delegated 15 U.S.C. 78s(b)(1). particularly with respect to the net fee 2 authority.14 17 CFR 240.19b–4. differential that it would place on BOX 3 The PIP is a mechanism in which a BOX Elizabeth M. Murphy, Options Participants that respond to a Options Participant submits an agency order on PIP auction (‘‘PIP Responders’’) Secretary. behalf of a customer for price improvement, paired with a contra-order guaranteeing execution of the compared to a BOX Options Participant [FR Doc. 2011–23897 Filed 9–16–11; 8:45 am] agency order at or better than the National Best Bid that initiated the PIP auction (‘‘PIP BILLING CODE 8011–01–P or Offer (‘‘NBBO’’). The contra-order could be for Initiator’’). Under the proposed rule the account of the Options Participant, or an order solicited from someone else. The agency order is change, the Exchange would charge exposed for a one-second auction in which other BOX Options Participants may submit competing 6 Sections 1 through 3 of the Box Fee Schedule interest at the same price or better. The initiating include a $0.25 per contract transaction fee for BOX Options Participant is guaranteed 40% of the contracts traded in the PIP. Depending on its order (after public customers) at the final price for average daily volume (‘‘ADV’’), a Participant who the PIP order, assuming it is at the best price. See initiates PIP auctions may be charged a lower per Chapter V, Section 18 of the BOX Rules. contract fee. See Section 7d. of the Box Fee 4 15 U.S.C. 78s(b)(3)(A). Schedule. See also infra note 9. 5 See Securities Exchange Act Release No. 64981 7 15 U.S.C. 78s(b)(3)(C). 14 17 CFR 200.30–3(a)(12). (July 28, 2011) 76 FR 46858 (‘‘Notice’’). 8 15 U.S.C. 78s(b)(1).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58066 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

both the PIP Initiator and the PIP which is equitable among all BOX solely by PIP competitive responders Responder the same fee for executing an Participants.’’ 13 and ‘‘will deter anyone other than the order in the PIP. However, if the PIP To date, the Commission has received initiator from providing liquidity via the Initiator also submits the agency order four comment letters on the Exchange’s PIP.’’ 22 IMC believes that ‘‘the BOX has into the PIP, the PIP Initiator receives proposed rule change.14 Three thus erected an unreasonable barrier to the rebate paid to the agency order that commenters recommend that the participation, effectively barring certain is auctioned in the PIP. As a result, if Commission temporarily suspend SR– participants from competing with PIP the fee the PIP Initiator pays is BX–2011–046 and institute proceedings initiators.’’ 23 IMC believes that BOX’s aggregated with the rebate the PIP to disapprove the filing.15 The fourth fee structure is designed to reduce Initiator receives for the agency order commenter supports the Exchange’s competition and increase internalization (i.e., a ‘‘net’’ fee), the PIP Initiator would proposed rule change and urges the in the PIP, which in turn results in pay a lower net fee compared to PIP Commission not to institute proceedings ‘‘reduced opportunities for meaningful Responders. For example, under the to disapprove the filing.16 The price improvement.’’ 24 proposal, a PIP Initiator that executes Commission also has received a letter ISE challenges BOX’s assertion that 100% of the PIP Order in a Non-Penny from the Exchange responding to the the fees proposed in SR–BX–2011–046 class would be charged a $0.10 per comments received.17 have a uniform application across all contract base transaction fee (at the Citadel argues that the magnitude of members, noting that the differential highest volume tier) 9 plus a liquidity the disparity between the fees an fees between PIP Initiators and provider fee of $0.75 per contract, and initiator pays and the fees a competitive competitive responders is between would receive a credit for removing responder pays, on a net basis, make it $0.75 and $0.90 per contract.25 ISE also liquidity of $0.75 for the agency order. ‘‘economically prohibitive for anyone argues that SR–BX–2011–046 is This results in a net fee of $0.10 per other than the initiator to respond’’ to a deficient in that it fails to: provide an contract to a PIP Initiator who executes PIP auction. Citadel also provides adequate basis to determine that the 100% of its customer’s order. In statistics suggesting that increases to the proposed rule change is consistent with 18 contrast, a PIP Responder in a Non- BOX PIP fees are ‘‘reducing price the Act because it does not address the Penny class would be charged a $0.25 improvement opportunities for pricing differential for participants who customers and turning the PIP and BOX seek to compete with a PIP Initiator, per contract base transaction fee plus 19 the liquidity provider fee of $0.75 per into an NBBO internalization engine.’’ discuss the burden on competition contract, for a net fee of $1.00 per Based on its analysis, Citadel argues that imposed by the pricing structure, or contract. Comparing the net fees the fees proposed by SR–BX–2011–046 provide support for its assertion that the charged to PIP Initiators to those are ‘‘solely structured to benefit one fee change will allow it to compete with 26 charged to PIP Responders, the largest group of BOX participants over other exchanges. another,’’ and thus are discriminatory TD Ameritrade applauds the proposed potential disparity is $0.90 per contract. and an undue burden one rule change, noting that it has already In its filing, the Exchange notes its competition.20 seen significant benefits to its retail belief that the changes to the PIP IMC also notes its belief that the BOX investors.27 TD Ameritrade notes that its transaction fees and credits are PIP fee structure unduly burdens clients received over $600,000 in price ‘‘competitive, fair and reasonable, and competition and unreasonably improvement over the NBBO on BOX in non-discriminatory in that they apply to discriminates amongst participants.21 It August 2011 and believes that its all categories of participants and across argues that the increase in fees is borne customer experience on the BOX all account types.’’ 10 The Exchange strongly indicates that healthy and further argues that the proposed fee 13 See id. robust competition exists within the change is reasonable because it ‘‘is fair 14 See letters to Elizabeth Murphy, Secretary, PIP.28 TD Ameritrade states that the and reasonable as applied only to the Commission, from John C. Nagel, Managing Director BOX fee structure provides incentives specified classes and transactions and General Counsel, Citadel Securities LLC for market participants to submit because such options trade at minimum (‘‘Citadel’’), dated August 12, 2011 (‘‘Citadel Letter’’); Andrew Stevens, Legal Counsel, IMC customer order flow to BOX and thus, increments of $0.05 or $0.10, providing Financial Markets (‘‘IMC’’), dated August 15, 2011 continues to create a greater opportunity greater opportunity for market (‘‘IMC Letter’’); Michael J. Simon, Secretary, for retail customers to receive additional participants to offer additional price International Securities Exchange (‘‘ISE’’), dated August 22, 2011 (‘‘ISE Letter’’), and Christopher price improvement.29 improvement.’’ 11 In addition, the Nagy, Managing Director Order Strategy, TD In its response letter, BOX argues that Exchange noted that it believes the Ameritrade, Inc. (‘‘TD Ameritrade’’), dated its market model and fee structure are proposed ‘‘credit will attract additional September 12, 2011 (‘‘TD Ameritrade Letter’’). intended to benefit retail customers.30 order flow to BOX and to the PIP in 15 See Citadel Letter, supra note 14, at 4; IMC Letter, supra note 14, at 4; and ISE Letter, supra BOX responds to the assertions that the particular, to the benefit of all market note 14, at 5. 12 fee structure is discriminatory and participants.’’ The Exchange also 16 See TD Ameritrade Letter, supra note 14, at 2. 17 stated that the proposal ‘‘will allow the See letter to Elizabeth Murphy, Secretary, 22 See IMC Letter, supra note 14, at 2. Commission, from Anthony D. McCormick, Chief fees charged on BOX to remain 23 See id. Executive Officer, Boston Options Exchange, dated competitive with other exchanges as 24 September 9, 2011 (‘‘BOX Letter’’). See IMC Letter, supra note 14, at 3. well as apply such fees in a manner 25 18 See Securities Exchange Act Release Nos. See ISE Letter, supra note 14, at 1. 62632 (August 3, 2010), 75 FR 47869 (August 9, 26 See ISE Letter, supra note 14, at 5. 9 See Section 7d. of the BOX Fee Schedule. 2010) (SR–BX–2010–049) (instituting the PIP 27 See TD Ameritrade Letter, supra note 14, at 1. Section 7d. includes a tiered fee schedule that is pricing structure) and 64198 (April 6, 2011), 76 FR 28 See id. assessed on PIP Initiators based on each PIP 20426 (April 12, 2011) (SR–BX–2011–020) 29 See id. TD Ameritrade suggests that the Initiator ADV for executions in the PIP. This charge (increasing the fee and credit). Commission should recognize that price ranges from $0.10 per contract for a PIP Initiator 19 See Citadel Letter, supra note 14, at 3. Citadel’s improvement opportunities in the options markets with an ADV of 150,001 or greater contracts to statistics show that, since February 2011, the are not transparent and easy to compare from $0.25 per contract for a PIP Initiator with an ADV average price improvement per contract and average exchange to exchange and notes its belief that there of less than 20,001 contracts. percentage of contracts price improved in PIP should be more order execution information 10 See Notice, supra note 5, at 46858. auctions has declined every month. See id. at 3. transparency in the options markets. See TD 11 See id. at 46859. 20 Id. Ameritrade Letter, supra note 14, at 2. 12 See id. 21 See IMC Letter, supra note 14, at 1–2. 30 See BOX Letter, supra note 17, at 2.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58067

impedes competition by providing PIP of the Act, to temporarily suspend the • Section 6(b)(5) of the Act, which statistics showing that the retention rate proposed rule change. requires, among other things, that the (the amount of an agency order rules of a national securities exchange IV. Proceedings To Determine Whether allocated to a PIP Initiator) in nickel not be ‘‘designed to permit unfair To Approve or Disapprove SR–BX– classes in July 2011was approximately 2011–046 discrimination between customers, 38%.31 BOX notes that this retention issuers, brokers, or dealers,’’ 41 and rate is lower than the 40% guarantee The Commission is instituting • Section 6(b)(8) of the Act, which permitted to be allocated to an initiating proceedings pursuant to Sections requires that the rules of a national participant and states that this statistic 19(b)(3)(C) 37 and 19(b)(2) of the Act 38 securities exchange ‘‘not impose any indicates ‘‘definitive competition within to determine whether the Exchange’s burden on competition not necessary or the PIP.’’ 32 It also notes that average proposed rule change should be appropriate in furtherance of the price improvement per contract in PIP approved or disapproved. Pursuant to purposes of [the Exchange Act].’’ 42 transactions increased from $0.0062 in Section 19(b)(2)(B) of the Act,39 the July 2011 to $0.0087 in August 2011, in Commission is providing notice of the V. Commission’s Solicitation of part as a result of the proposed rule grounds for disapproval under Comments change.33 BOX responds to the assertion consideration. As discussed above, The Commission requests written that Initiating Participant can offset any under the proposal, the PIP Initiator views, data, and arguments with respect fee with a credit by stating that ‘‘most could pay a lower net fee compared to to the concerns identified above as well PIP transactions are initiated by a PIP Responders. The Exchange Act and as any other relevant concerns. Such market maker acting independently of a the rules thereunder require that comments should be submitted by Participant acting as agent for a exchange rules provide for the equitable November 3, 2011. Rebuttal comments customer order.’’ 34 Further BOX states allocation of reasonable fees among should be submitted by November 18, that its fee structure in the PIP is more members, issuers, and other persons 2011. Although there do not appear to transparent than payment for order flow using its facilities; that exchange rules be any issues relevant to approval or (‘‘PFOF’’) arrangements and notes its not be designed to permit unfair disapproval which would be facilitated belief that the credit to remove liquidity discrimination between customers, by an oral presentation of views, data, on BOX is generally less than what issuers, brokers, or dealers; and that and arguments, the Commission will firms receive through PFOF.35 BOX exchange rules do not impose any consider, pursuant to Rule 19b–4, any states that since the PIP began operating burden on competition not necessary or request for an opportunity to make an in 2004, customers have received more appropriate in furtherance of the oral presentation.43 purposes of the Exchange Act. The than $355 million in savings through The Commission asks that Commission intends to assess whether better executions on BOX, including commenters address the sufficiency and BOX’s proposal is consistent with these $7.3 million in August 2011, and states merit of the Exchange’s statements in its belief that the proposal is consistent and other Exchange Act standards. The Commission believes it is support of the proposal, in addition to with the public interest, and with the appropriate in the public interest to any other comments they may wish to Exchange Act.36 institute disapproval proceedings at this submit about the proposed rule change. The Commission intends to assess For example, the Commission seeks whether the potential resulting fee time in view of the significant legal and policy issues raised by the proposal. comment and specific data on the disparity between PIP Initiators and PIP following: Responders (as high as $0.90 per Institution of disapproval proceedings • does not indicate, however, that the Whether, as stated by commenters, contract) is consistent with the statutory the fee structure in the PIP and this requirements applicable to a national Commission has reached any conclusions with respect to the issues proposed fee change, in particular, have securities exchange under the Act, as impacted or will impact incentives to described below. In particular, the involved. The sections of the Act and the rules thereunder that are applicable compete in the PIP and, if so, how Commission will assess whether the specifically have or will the fee proposal satisfies the standards under to the proposed rule change include: • Section 6(b)(4) of the Act, which structure in the PIP and this proposed the Exchange Act and the rules requires that the rules of a national fee change impacted incentives to thereunder requiring, among other securities exchange ‘‘provide for the compete; things, that exchange rules: provide for • equitable allocation of reasonable dues, Whether the proposed fee change the equitable allocation of reasonable fees, and other charges among its will affect the quality of execution of fees among members, issuers, and other members and issuers and other persons customer orders in the PIP or the persons using its facilities; not be using its facilities,’’ 40 broader market quality, such as quoted designed to permit unfair spreads or overall execution quality; discrimination between customers, 37 15 U.S.C. 78s(b)(3)(C). Once the Commission and if so, how and what type of impact issuers, brokers, or dealers; and do not temporarily suspends a proposed rule change, will this have; impose any burden on competition not Section 19(b)(3)(C) of the Act requires that the • Whether the proposed fee change necessary or appropriate in furtherance Commission institute proceedings under Section and PIP fee structure reduce the benefits of the purposes of the Exchange Act. 19(b)(2)(B) to determine whether a proposed rule Therefore, the Commission finds that change should be approved or disapproved. 38 15 U.S.C. 78s(b)(2). 41 15 U.S.C. 78f(b)(5). it is appropriate in the public interest, 39 15 U.S.C. 78s(b)(2)(B). Section 19(b)(2)(B) of the 42 15 U.S.C. 78f(b)(8). for the protection of investors, and Act also provides that proceedings to determine 43 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act otherwise in furtherance of the purposes whether to disapprove a proposed rule change must grants the Commission flexibility to determine what be concluded within 180 days of the date of type of proceeding—either oral or notice and publication of notice of the filing of the proposed 31 See BOX Letter, supra note 17, at 1. opportunity for written comments—is appropriate rule change. Id. The time for conclusion of the for consideration of a particular proposal by a self- 32 See id. proceedings may be extended for up to 60 days if regulatory organization. See Securities Acts 33 See id. the Commission finds good cause for such Amendments of 1975, Report of the Senate 34 BOX Letter, supra note 17, at 1. extension and publishes its reasons for so findings. Committee on Banking, Housing and Urban Affairs 35 See BOX Letter, supra note 17, at 2. Id. to Accompany S. 249, S. Rep. No. 75, 94th Cong., 36 See id. 40 15 U.S.C. 78f(b)(4). 1st Sess. 30 (1975).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58068 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

of exposing an order 44 and thus including whether the proposed rule Commission is instituting proceedings potentially create a de facto change is consistent with the Act. to determine whether the proposed rule internalization mechanism; and if so, Comments may be submitted by any of change should be approved or whether, and if so, how, this will the following methods: disapproved. adversely impact overall market quality Electronic Comments For the Commission, by the Division of and customer execution quality and • Trading and Markets, pursuant to delegated whether a de facto internalization Use the Commission’s Internet authority.47 mechanism should be of concern to the comment form (http://www.sec.gov/ Elizabeth M. Murphy, rules/sro.shtml); or Commission; • Secretary. • Whether the proposed fee change, Send an e-mail to rule- [email protected]. Please include File [FR Doc. 2011–23909 Filed 9–16–11; 8:45 am] by facilitating internalization of orders BILLING CODE 8011–01–P on BOX, could or would lead to a shift Number SR–BX–2011–046 on the of order flow from other exchanges and, subject line. if so, what is the nature and volume of Paper Comments SECURITIES AND EXCHANGE such order flow and what is the extent • Send paper comments in triplicate COMMISSION to which such order flow currently to Elizabeth M. Murphy, Secretary, receives price improvement at the other [Release No. 34–65327; File No. SR–ISE– Securities and Exchange Commission, 2011–48] exchanges or is executed at prices that 100 F Street, NE., Washington, DC merely match the NBBO; Self-Regulatory Organizations; • 20549–1090. Whether BOX’s other fees, International Securities Exchange, specifically the fee to add liquidity to All submissions should refer to File Number SR–BX–2011–046. The file LLC; Notice of Filing and Immediate the BOX book,45 have an impact on the Effectiveness of Proposed Rule application or effects of this proposed number should be included on the subject line if e-mail is used. To help the Change Relating to Fees and Fee fee change, and if so, how and what the Credits impact is or will be; Commission process and review your • Whether the filing for SR–BX– comments more efficiently, please use September 13, 2011. 2011–046 was sufficient under Section only one method. The Commission will Pursuant to Section 19(b)(1) of the 19(b) of the Act to address issues post all comments on the Commission’s Securities Exchange Act of 1934 (the regarding the effects of the proposed fee Internet Web site (http://www.sec.gov/ ‘‘Act’’),1 and Rule 19b–4 thereunder,2 change on competition in the PIP; rules/sro.shtml). Copies of the notice is hereby given that on August • Whether the PIP fees, either on a submission, all subsequent 30, 2011, the International Securities net basis or otherwise, are comparable amendments, all written statements Exchange, LLC (the ‘‘Exchange’’ or the to any fees or charges on other with respect to the proposed rule ‘‘ISE’’) filed with the Securities and exchanges, including any PFOF fees and change that are filed with the Exchange Commission the proposed rebates, and, if so, how; Commission, and all written rule change, as described in Items I, II, • Whether credits paid on the agency communications relating to the and III below, which items have been order that is submitted to the PIP proposed rule change between the prepared by the Exchange. The auction on behalf of a customer are Commission and any person, other than Commission is publishing this notice to passed on to the customer or retained by those that may be withheld from the solicit comments on the proposed rule the PIP Initiator and, if passed on, in public in accordance with the change from interested persons. what form; and provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s • Whether the Commission should available for Web site viewing and Statement of the Terms of Substance of evaluate all fees and all rebates printing in the Commission’s Public the Proposed Rule Change (including PFOF fees and rebates) at all Reference Room, 100 F Street, NE., exchanges on a net or aggregate basis to Washington, DC 20549, on official The ISE is proposing to amend certain assess their effects on competition or to business days between the hours of fees related to orders subject to otherwise assess their consistency with 10 a.m. and 3 p.m. Copies of such filing intermarket linkage and to change the the Exchange Act. also will be available for inspection and treatment of customer orders subject to copying at the principal office of the Interested persons are invited to submit intermarket linkage in its Select Exchange. All comments received will written data, views, and arguments Symbols. The text of the proposed rule be posted without change; the concerning the proposed rule change, change is available on the Exchange’s Commission does not edit personal Web site (http://www.ise.com), on the identifying information from 44 The Commission has recognized the benefits of Commission’s Web site at http://www. exposure to the market, noting in the context of submissions. You should submit only sec.gov, at the principal office of the facilitation mechanisms that an ‘‘auction [in which information that you wish to make Exchange, and at the Commission’s an order is exposed to the market] provides some publicly available. All submissions Public Reference Room. assurance that the customer’s order is executed at should refer to File Number SR–BX– the best price any member in that market is willing II. Self-Regulatory Organization’s to offer.’’ Competitive Developments in the Options 2011–046 and should be submitted on Markets, Securities Exchange Act Release No. or before November 3, 2011. Rebuttal Statement of the Purpose of, and 49175, 69 FR 6124 (February 9, 2004), at 6130. The comments should be submitted by Statutory Basis for, the Proposed Rule Commission also noted that ‘‘[r]ules or practices November 18, 2011. Change that permit or encourage internalization may also In its filing with the Commission, the reduce intramarket price competition and, VI. Conclusion therefore, cause spreads to widen.’’ Id. self-regulatory organization included 45 As of September 1, 2011, BOX charges a $0.65 It is therefore ordered, pursuant to statements concerning the purpose of, fee for adding liquidity in the Non-Penny classes Section 19(b)(3)(C) of the Act,46 that File and basis for, the proposed rule change and a $0.22 fee for adding liquidity in the Penny No. SR–BX–2011–046, be and hereby is, Pilot classes. See Section 7a. of the BOX Fee Schedule, available at http:// temporarily suspended. In addition, the 47 17 CFR 200.30–3(a)(57) and (58). www.bostonoptions.com/pdf/ 1 15 U.S.C. 78s(b)(1). BOX_Fee_Schedule.pdf. 46 15 U.S.C. 78s(b)(3)(C). 2 17 CFR 240.19b–4.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58069

and discussed any comments it received in the Select Symbols that are ‘‘flashed’’ and executes it, that Exchange Member on the proposed rule change. The text and subject to linkage handling are will receive the proposed rebate. of these statements may be examined at currently charged a maker fee of $0.10 The proposed rule change is the places specified in Item IV below. per contract. The Exchange, however, applicable only for executions in the The self-regulatory organization has believes that these orders are, in fact, Select Symbols. prepared summaries, set forth in takers of liquidity. These orders are 2. Basis sections A, B and C below, of the most ‘‘flashed’’ to Exchange Members significant aspects of such statements. precisely because when they are sent to The Exchange believes that its proposal to amend its Schedule of Fees ISE, they are marketable at another A. Self-Regulatory Organization’s is consistent with Section 6(b) of the exchange and would ‘‘take’’ liquidity Statement of the Purpose of, and Exchange Act 10 (the ‘‘Act’’) in general, from that other exchange. By definition, Statutory Basis for, the Proposed Rule and furthers the objectives of Section Change ‘‘flash’’ orders are not resting orders; 6(b)(4) of the Act 11 in particular, in that instead, they are ‘‘flashed’’ for matching 1. Purpose it is an equitable allocation of at the national best bid or offer and reasonable dues, fees and other charges The Exchange currently assesses a per potential routing through intermarket among Exchange Members and other contract transaction charge to members linkage. Therefore, the Exchange persons using its facilities. The impact of the Exchange (‘‘Exchange Members’’) believes it is appropriate to treat such of the proposal upon the net fees paid that add or remove liquidity from the orders as ‘‘taking’’ liquidity. And as by a particular Exchange Member will Exchange (‘‘maker/taker fees’’) in certain takers of liquidity, the Exchange 3 depend on a number of variables, most options classes (the ‘‘Select Symbols’’). proposes to charge these orders the important of which will be its Pursuant to Commission approval, Exchange’s standard taker fee for Select 4 propensity to add or remove liquidity in both Priority Customer and Symbols, which for Priority Customer 5 options overlying the Select Symbols. Professional Customer orders on the orders and Professional Customer orders The Exchange believes that the ISE that are not executable on the is currently $0.12 per contract and $0.28 proposed fees it charges for options Exchange are exposed or ‘‘flashed’’ to per contract, respectively. overlying the Select Symbols remain Exchange Members before they are sent competitive with fees charged by other through the intermarket linkage system Additionally, the Exchange currently provides a $0.10 per contract fee credit exchanges and therefore continue to be to another exchange for execution reasonable and equitably allocated to because that exchange is displaying a for executions resulting from responses those members that opt to direct orders better price.6 Since the inception of to Customer (Professional) 8 orders that to the Exchange rather than to a maker/taker fees on the Exchange, are ‘‘flashed’’ by the Exchange to its competing exchange. The Exchange Priority Customer orders in the Select Members. The Exchange now proposes believes that treating Priority Customer Symbols that are ‘‘flashed’’ and subject to extend the $0.10 per contract fee orders and Professional Customer orders to linkage handling have been treated as credit for executions resulting from in the Select Symbols that are ‘‘flashed’’ ‘‘makers’’ of liquidity. Since Priority responses to Priority Customer orders in as takers of liquidity (as opposed to Customer orders in the Select Symbols the Select Symbols that are ‘‘flashed’’ by makers of liquidity which is how these ‘‘make’’ liquidity, regardless of size, the Exchange to its Members. For orders were previously treated), as well such orders are traded on the Exchange Priority Customer orders that are for free.7 Professional Customer orders as providing a rebate to responses to preferenced to an ISE Market Maker that Priority Customer orders (in addition to are subsequently executed in the the responses to Professional Customer 3 Options classes subject to maker/taker fees are Exchange’s ‘‘flash’’ mechanism, the identified by their ticker symbol on the Exchange’s orders, which is in place today) furthers Schedule of Fees. See Securities Exchange Act Exchange proposes to adopt a fee credit the objectives of Section 6(b)(5) of the Release Nos. 61869 (April 7, 2010), 75 FR 19449 of $0.12 per contract for the preferenced Act, in that it is designed to make the (April 14, 2010) (SR–ISE–2010–25), 62048 (May 6, Market Maker. At least one other Exchange’s fee structure for ‘‘flashed’’ 2010), 75 FR 26830 (May 12, 2010) (SR–ISE–2010– exchange currently provides a rebate to 43), 62282 (June 11, 2010), 75 FR 34499 (June 17, orders more consistent with its overall 2010) (SR–ISE–2010–54), 62319 (June 17, 2010), 75 a particular segment of its membership maker/taker fee structure, thereby FR 36134 (June 24, 2010) (SR–ISE–2010–57), 62508 for responding to that exchange’s removing impediments to and (July 15, 2010), 75 FR 42809 (July 22, 2010) (SR– ‘‘flash’’ auction. For example, the ISE–2010–65), 62507 (July 15, 2010), 75 FR 42802 perfecting the mechanism of a free and (July 22, 2010) (SR–ISE–2010–68), 62665 (August 9, Chicago Board Options Exchange, Inc. open market and a national market 2010), 75 FR 50015 (August 16, 2010) (SR–ISE– (‘‘CBOE’’) currently provides a $0.15 per system. 2010–82), 62805 (August 31, 2010), 75 FR 54682 contract rebate but does so only to its The Exchange believes that its (September 8, 2010) (SR–ISE–2010–90), 63283 market makers and only if those market (November 9, 2010), 75 FR 70059 (November 16, proposal to adopt $0.12 per contract 9 2010) (SR–ISE–2010–106), 63534 (December 13, makers satisfy a quoting requirement. taker fee for flashed Priority Customer 2010), 75 FR 79433 (December 20, 2010) (SR–ISE– ISE’s proposed rebate, on the other orders and a $0.28 per contract taker fee 2010–114); 63664 (January 6, 2011), 76 FR 2170 hand, is not limited to market makers for flashed Professional Customer orders (January 12, 2011) (SR–ISE–2010–120); and 64303 (April 15, 2011), 76 FR 22425 (April 21, 2011) (SR– only and does not have any in the Select Symbols is an equitable ISE–2011–18). requirements that must be met in order allocation of reasonable dues, fees and 4 A Priority Customer is defined in ISE Rule for an Exchange Member to receive the other charges among Exchange Members 100(a)(37A) as a person or entity that is not a rebate. So long as the Exchange Member and other persons using its facilities broker/dealer in securities, and does not place more than 390 orders in listed options per day on average responds to a Priority Customer order because such fees are within the range during a calendar month for its own beneficial of fees assessed by the Exchange and account(s). to intermarket linkage, ISE does not charge such a other exchanges employing maker/taker 5 A Customer (Professional) is a person who is not fee. pricing schemes. The Exchange believes a broker/dealer and is not a Priority Customer. 8 A Customer (Professional) is a person who is not that its proposal to adopt $0.10 per 6 See Securities Exchange Act Release No. 57812 a broker/dealer and is not a Priority Customer. contract rebate for responses to flashed (May 12, 2008), 73 FR 28846 (May 19, 2008) (SR– 9 See CBOE Fees Schedule, Section 19, Hybrid ISE–2008–28). Agency Liaison (‘‘HAL’’) Step-Up Rebate, at 7 In fact, while a number of other exchanges http://www.cboe.com/publish/feeschedule/ 10 15 U.S.C. 78f(b). charge a ‘‘route-out’’ fee for orders that are subject CBOEFeeSchedule.pdf. 11 15 U.S.C. 78f(b)(4).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58070 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Priority Customer orders in the Select receive a slightly higher credit because institute proceedings to determine Symbols is an equitable allocation of of the preferenced Market Makers’ role whether the proposed rule should be reasonable dues, fees and other charges in intentionally directing order flow to approved or disapproved. among Exchange Members and other the Exchange. IV. Solicitation of Comments persons using its facilities because such Moreover, the Exchange believes that rebate amount is the same as the rebate the proposed fees are fair, equitable and Interested persons are invited to amount that is currently in place for not unfairly discriminatory because the submit written data, views, and responses to flashed Professional proposed fees are consistent with price arguments concerning the foregoing, Customer orders in the Select Symbols. differentiation that exists today at other including whether the proposed rule The Exchange also believes that its option exchanges having maker/taker change is consistent with the Act. proposal is reasonable because it will pricing. Additionally, the Exchange Comments may be submitted by any of allow the Exchange to remain believes it remains an attractive venue the following methods: competitive with other exchanges that for market participants to trade Priority employ a similar pricing scheme. Customer and Professional Customer Electronic Comments The Exchange further believes that orders despite its proposed fee change • adopting a fee credit for executions as its fees remain competitive with Use the Commission’s Internet resulting from responses to Priority those charged by other exchanges for comment form http://www.sec.gov/ Customer orders is reasonable and similar pricing strategies. The Exchange rules/sro.shtml); or equitable because doing so will operates in a highly competitive market • Send an E-mail to; rule- incentivize Exchange Members to in which Exchange Members can [email protected]. Please include File execute Priority Customer orders on the readily, and do, direct order flow to No. SR–ISE–2011–48 on the subject Exchange by trading against these orders competing exchanges if they deem fee line. at the National Best Bid or Offer levels at a particular exchange to be Paper Comments (NBBO), while continuing to charge a excessive. The Exchange believes that competitively low fee for taking the proposed fees and rebates it assesses • Send paper comments in triplicate liquidity. Further, the Exchange believes must be competitive with fees and to Elizabeth Murphy, Secretary, that the proposed fee credit is not rebates assessed on other options Securities and Exchange Commission, unfairly discriminatory because the exchanges. The Exchange believes that 100 F Street, NE., Washington, DC credit would be applied uniformly to all this competitive marketplace impacts 20549–1090. responses to Priority Customer orders the fees present on the Exchange today executed in the Exchange’s ‘‘flash’’ All submissions should refer to File and influences the proposals set forth Number SR–ISE–2011–48. This file mechanism, except for preferenced above. Market Makers which receive a slightly number should be included on the higher credit because of the preferenced B. Self-Regulatory Organization’s subject line if e-mail is used. To help the Market Makers’ role in directing such Statement on Burden on Competition Commission process and review your order to it at the Exchange. The proposed rule change does not comments more efficiently, please use The Exchange believes that adopting impose any burden on competition that only one method. The Commission will a higher fee credit for Priority Customer is not necessary or appropriate in post all comments on the Commission’s orders that are preferenced to an ISE furtherance of the purposes of the Act. Internet Web site (http://www.sec.gov/ Market Maker is reasonable and rules/sro.shtml). Copies of the equitable because doing so will provide C. Self-Regulatory Organization’s submission, all subsequent preferenced Market Makers with an Statement on Comments on the amendments, all written statements added incentive to bring order-flow to Proposed Rule Change Received From with respect to the proposed rule the Exchange. Preferenced Market Members, Participants or Others change that are filed with the Makers have an influence on the order The Exchange has not solicited, and Commission, and all written routing decisions of order flow does not intend to solicit, comments on communications relating to the providers with whom they have a this proposed rule change. The proposed rule change between the relationship. Accordingly, when such Exchange has not received any Commission and any person, other than orders are intentionally directed to the unsolicited written comments from those that may be withheld from the preferenced Market Maker at the members or other interested parties. public in accordance with the Exchange, it is appropriate for the provisions of 5 U.S.C. 552, will be preferenced Market Maker to receive a III. Date of Effectiveness of the available for Web site viewing and higher rebate than an order that was not Proposed Rule Change and Timing for printing in the Commission’s Public intentionally directed to the Exchange. Commission Action Reference Room, 100 F Street, NE., To the extent that the purposes of the The foregoing rule change has become Washington, DC 20549, on official proposal are achieved, the Exchange’s effective pursuant to Section business days between the hours of 10 Members should benefit from the 19(b)(3)(A)(ii) of the Act.12 At any time a.m. and 3 p.m. Copies of such filing improved market liquidity and the within 60 days of the filing of such also will be available for inspection and greater number of Priority Customer and proposed rule change, the Commission copying at the principal office of the Professional Customer orders which summarily may temporarily suspend ISE. All comments received will be trade at the Exchange rather than be such rule change if it appears to the posted without change; the Commission linked away to another market. Further, Commission that such action is does not edit personal identifying the Exchange believes that the proposed necessary or appropriate in the public information from submissions. You fee credit is not unfairly discriminatory interest, for the protection of investors, should submit only information that because the credit would be applied or otherwise in furtherance of the you wish to make available publicly. All uniformly to all responses to Priority purposes of the Act. If the Commission submissions should refer to File Customer orders executed in the takes such action, the Commission shall Number SR–ISE–2011–48 and should be Exchange’s ‘‘flash’’ mechanism, except submitted on or before October 11, for preferenced Market Makers which 12 15 U.S.C. 78s(b)(3)(A)(ii). 2011.

VerDate Mar<15>2010 17:36 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58071

For the Commission, by the Division of SECURITIES AND EXCHANGE change described in Items I, II and III Trading and Markets, pursuant to delegated COMMISSION below, which items have been prepared authority.13 primarily by CME. CME filed the Elizabeth M. Murphy, [Release No. 34–65326; File No. SR–CME– proposed rule change pursuant to 2011–06] 3 Secretary. Section 19(b)(3)(A) of the Act and Rule 19b–4(f)(4)(i) 4 thereunder. [FR Doc. 2011–23908 Filed 9–16–11; 8:45 am] Self-Regulatory Organizations; BILLING CODE 8011–01–P Chicago Mercantile Exchange, Inc.; I. Self-Regulatory Organization’s Notice of Filing and Immediate Statement of Terms of Substance of the Effectiveness of Proposed Rule Proposed Rule Change Change To Add Additional Series and The text of the proposed rule change Maturities to Credit Default Index is below. Italicized text indicates Swaps Available for Clearing additions; bracketed text indicates September 12, 2011. deletions. Pursuant to Section 19(b)(1) of the * * * * * Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Chicago Mercantile Exchange Inc. Rulebook notice is hereby given that on Rule 100–80203—No Change. September 2, 2011, Chicago Mercantile * * * * * Exchange Inc. (‘‘CME’’) filed with the Securities and Exchange Commission CME Chapter 802 Rules: Appendix 1 (‘‘Commission’’) the proposed rule Appendix 1

CDX INDICES

Termination date CDX index Series (scheduled termination)

CDX North America Investment Grade (CDX.NA.IG) ...... 10 20 Jun 2013, 20 Jun 2015, 20 Jun 2018. CDX North America Investment Grade (CDX.NA.IG) ...... 11 20 Dec 2011, 20 Dec 2013, 20 Dec 2015, 20 Dec 2018. CDX North America Investment Grade (CDX.NA.IG) ...... 12 20 Jun 2012, 20 Jun 2014, 20 Jun 2016, 20 Jun 2019. CDX North America Investment Grade (CDX.NA.IG) ...... 13 20 Dec 2012, 20 Dec 2014, 20 Dec 2016, 20 Dec 2019. CDX North America Investment Grade (CDX.NA.IG) ...... 14 20 Jun 2013, 20 Jun 2015, 20 Jun 2017, 20 Jun 2020. CDX North America Investment Grade (CDX.NA.IG) ...... 15 20 Dec 2013, 20 Dec 2015, 20 Dec 2017, 20 Dec 2020. CDX North America Investment Grade (CDX.NA.IG) ...... 16 20 Jun 2014, 20 Jun 2016, 20 Jun 2018, 20 Jun 2021. CDX North America Investment Grade (CDX.NA.IG) ...... 17 20 Dec 2014, 20 Dec 2016, 20 Dec 2018, 20 Dec 2021.

* * * * * subject of this filing are intended to Futures Trading Commission (‘‘CFTC’’). Rule 80301–End—No change expand CME’s Markit Investment Grade The text of the CME proposed rule Index product offering by incorporating amendments is in Section I of this II. Self-Regulatory Organization’s additional series and maturities for the notice, with additions italicized and Statement of Purpose of, and Statutory existing products. More specifically, the deletions in brackets. Basis for, the Proposed Rule Change proposed rule changes would: The proposed CME rule amendments • Add the Markit CDX North In its filing with the Commission, merely incorporate additional series and American Investment Grade Index CME included statements concerning maturities to CME’s existing offering of Series 10, with 5, 7, and 10 year the purpose and basis for the proposed broad-based Markit Investment Grade maturities. rule change and discussed any Index credit default swaps. As such, the • Add the Markit CDX North comments it received on the proposed proposed amendments simply effect rule change. The text of these statements American Investment Grade Index Series 11, with 3, 5, 7, and 10 year changes to an existing service of a may be examined at the places specified registered clearing agency that (1) do not in Item IV below. CME has prepared maturities; adversely affect the safeguarding of summaries, set forth in sections A, B, • Expand the maturities of the Markit securities or funds in the custody or and C below, of the most significant CDX North American Investment Grade control of the clearing agency or for aspects of such statements. Index Series 12–16 to include the 3, 7 and 10 year maturities. which it is responsible and (2) do not A. Self-Regulatory Organization’s • Add the Markit CDX North significantly affect the respective rights Statement of Purpose of, and Statutory American Investment Grade Index or obligations of the clearing agency or Basis for, the Proposed Rule Change Series 17, with 3, 5, 7 and 10 year persons using its clearing agency CME offers clearing services for maturities. services. Therefore, the proposed rule certain credit default swap index The proposed rule changes that are change is therefore properly filed under products. Currently, CME offers clearing the subject of this filing will become Section 19(b)(3)(A) and Rule 19b- for Markit CDX North American immediately effective. CME notes that it 4(f)(4)(i) thereunder. Investment Grade Index Series 12, 13, has also certified the proposed rule 14, 15 and 16, 5 year maturities. The changes that are the subject of this filing proposed rule changes that are the to its primary regulator, the Commodity

13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(4)(i). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A).

VerDate Mar<15>2010 17:36 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58072 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

B. Self-Regulatory Organization’s communications relating to the solicit comments on the proposed rule Statement on Burden on Competition proposed rule change between the from interested persons. Commission and any person, other than CME does not believe that the I. Self-Regulatory Organization’s those that may be withheld from the proposed rule change will have any Statement of the Terms of Substance of public in accordance with the impact, or impose any burden, on the Proposed Rule Change competition. provisions of 5 U.S.C. 552, will be available for website viewing and NASDAQ OMX BX, Inc. (the C. Self-Regulatory Organization’s printing in the Commission’s Public ‘‘Exchange’’) proposes to amend the Fee Statement on Comments on the Reference Room, 100 F Street, NE., Schedule of the Boston Options Proposed Rule Change Received From Washington, DC 20549. Copies of such Exchange Group, LLC (‘‘BOX’’). The Members, Participants, or Others filing also will be available for changes to the BOX Fee Schedule CME has not solicited, and does not inspection and copying at the principal pursuant to this proposal will be intend to solicit, comments regarding office of CME. All comments received effective upon filing and operative on this proposed rule change. CME has not will be posted without change; the September 1, 2011. The text of the received any unsolicited written Commission does not edit personal proposed changes is attached as Exhibit comments from interested parties. identifying information from 5. The text of the proposed rule change submissions. You should submit only is available from the principal office of III. Date of Effectiveness of the information that you wish to make the Exchange, at the Commission’s Proposed Rule Change and Timing for available publicly. Public Reference Room and also on the Commission Action All submissions should refer to File Exchange’s Internet Web site at http:// The foregoing rule change was filed Number SR–CME–2011–06 and should nasdaqomxbx.cchwallstreet.com/ pursuant to Section 19(b)(3)(A) of the be submitted on or before October 11, NASDAQOMXBX/Filings/. Act and paragraph (f)(4)(i) of Rule 19b– 2011. 4 and became effective on filing. At any II. Self-Regulatory Organization’s time within sixty days of the filing of For the Commission by the Division of Statement of the Purpose of, and Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule such rule change, the Commission authority.5 summarily may temporarily suspend Change Elizabeth M. Murphy, such rule change if it appears to the In its filing with the Commission, the Secretary. Commission that such action is self-regulatory organization included necessary or appropriate in the public [FR Doc. 2011–23866 Filed 9–16–11; 8:45 am] statements concerning the purpose of, interest, for the protection of investors, BILLING CODE 8011–01–P and basis for, the proposed rule change or otherwise in furtherance of the and discussed any comments it received purposes of the Act. on the proposed rule change. The text SECURITIES AND EXCHANGE of these statements may be examined at IV. Solicitation of Comments COMMISSION the places specified in Item IV below. Interested persons are invited to The self-regulatory organization has submit written data, views and [Release No. 34–65337; File No. SR–BX– 2011–064] prepared summaries, set forth in arguments concerning the foregoing, Sections A, B, and C below, of the most including whether the proposed rule Self-Regulatory Organizations; significant aspects of such statements. change is consistent with the Act. NASDAQ OMX BX, Inc.; Notice of Filing A. Self-Regulatory Organization’s Comments may be submitted by any of and Immediate Effectiveness of Statement of the Purpose of, and the following methods: Proposed Rule Change To Amend the • Statutory Basis for, the Proposed Rule Electronic comments may be BOX Fee Schedule submitted by using the Commission’s Change Internet comment form (http:// September 14, 2011. 1. Purpose www.sec.gov/rules/sro.shtml), or send Pursuant to Section 19(b)(1) of the an e-mail to [email protected]. Securities Exchange Act of 1934 The Exchange proposes to implement Please include File No. SR–CME–2011– (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a routing fee structure that provides a 06 on the subject line. notice is hereby given that on discount to BOX Options Participants • Paper comments should be sent in September 1, 2011, NASDAQ OMX BX, (‘‘Participants’’) that execute triplicate to Elizabeth M. Murphy, Inc. (the ‘‘Exchange’’) filed with the transactions on BOX. Secretary, Securities and Exchange Securities and Exchange Commission Public Customer Orders on BOX Commission, 100 F Street, NE., (‘‘Commission’’) the proposed rule which are not executable against the Washington, DC 20549–1090. change as described in Items I, II, and BOX Book are routed to an away All submissions should refer to File III below, which Items have been exchange for execution. Currently, BOX Number SR–CME–2011–06. This file prepared by the self-regulatory does not assess any fee to Participants number should be included on the organization. The Exchange filed the for doing so. The Exchange, however, subject line if e-mail is used. To help the proposed rule change pursuant to believes that exempting all outbound Commission process and review your Section 19(b)(3)(A)(ii) of the Act,3 and customer orders from routing fees will comments more efficiently, please use Rule 19b–4(f)(2) thereunder,4 which result in some Participants sending a only one method. The Commission will renders the proposal effective upon substantial and increasing amount of post all comments on the Commission’s filing with the Commission. The non-executable orders to BOX so as to Internet Web site (http://www.sec.gov/ Commission is publishing this notice to evade fees on other exchanges. In order rules/sro.shtml). Copies of the to curtail this abusive use of BOX submission, all subsequent 5 17 CFR 200.30–3(a)(12). routing, the Exchange proposes to amendments, all written statements 1 15 U.S.C. 78s(b)(1). impose a routing fee structure that with respect to the proposed rule 2 17 CFR 240.19b–4. provides a volume discount to change that are filed with the 3 15 U.S.C. 78s(b)(3)(A)(ii). Participants that execute transactions on Commission, and all written 4 17 CFR 240.19b–4(f)(2). BOX. The proposed change will have no

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58073

effect on the billing of orders of non- generated from transactions on BOX. In III. Date of Effectiveness of the Participants, including any orders order to better recover costs for routing Proposed Rule Change and Timing for routed to BOX from away exchanges. orders, the Exchange is proposing a Commission Action The Exchange proposes to continue to routing fee structure to provide a The foregoing rule change has become route up to 200,000 contracts per month discounted fee for Participants that effective pursuant to Section of Participant customer orders to an trade a certain amount of volume on 19(b)(3)(A)(ii) of the Exchange Act 7 and away exchange without imposing any BOX. Rule 19b–4(f)(2) thereunder,8 because it fee. For each contract thereafter, BOX The Exchange believes the proposed establishes or changes a due, fee, or will assess a fee based on each volume discount being provided to other charge applicable only to a Participant’s total monthly volume of Participants that execute orders on BOX member. contracts executed on BOX. Participants is equitable and not unfairly At any time within 60 days of the that execute less than 300,000 contracts discriminatory because they are open to filing of the proposed rule change, the on BOX per month will pay a routing all Participants on an equal basis. The Commission summarily may fee of $0.50 per contract. BOX Exchange believes it is equitable to temporarily suspend the rule change if Participants that execute 300,000 or provide Participants that trade on BOX it appears to the Commission that the more contracts on BOX per month will a discount on fees for routing customer action is necessary or appropriate in the pay a routing fee of $0.01 per contract. public interest, for the protection of Instructing BOX to route orders away orders that may not be executed on BOX because transactions executed on BOX investors, or would otherwise further if they are non-executable on BOX is the purposes of the Act. voluntary for BOX Participants. increase BOX market activity and Participants may choose not to route market quality. Greater liquidity and IV. Solicitation of Comments additional volume executed on BOX their customer orders to another Interested persons are invited to exchange. Participants may also avoid aids the price and volume discovery process. The Exchange believes it is submit written data, views, and paying the proposed routing fee by arguments concerning the foregoing, reasonable and equitable to provide choosing to designate their orders as Fill including whether the proposed rule incentives to Participants to trade on and Kill (‘‘FAK’’). FAK orders are not change is consistent with the Act. BOX. Participant trading on BOX also eligible for routing to away exchanges. Comments may be submitted by any of results in revenue that BOX is able to FAK orders are executed on BOX, if the following methods: possible, and then cancelled. Imposing use to provide routing services at a a routing fee structure that provides a discounted cost to Participants. Electronic Comments volume discount to Participants for Accordingly, the Exchange believes that • Use the Commission’s Internet trading on BOX will allow BOX to the proposal is not unfairly comment form (http://www.sec.gov/ recoup a portion of its costs incurred in discriminatory because it promotes rules/sro.shtml); or providing routing services and provide enhancing BOX market quality. The • Send an e-mail to rule- an incentive to Participants to trade on changes proposed by this filing are [email protected]. Please include File BOX to benefit from the potential intended to provide an incentive to BOX Number SR–BX–2011–064 on the discount on routing fees. Participants to submit orders for subject line. execution on BOX and not engage in 2. Statutory Basis abusive and predatory practices to Paper Comments The Exchange believes that the evade fees on other exchanges. • Send paper comments in triplicate proposal is consistent with the Finally, the Exchange notes that to Elizabeth M. Murphy, Secretary, requirements of Section 6(b) of the Act,5 although routing is available to BOX Securities and Exchange Commission, in general, and Section 6(b)(4) of the Participants for customer orders, 100 F Street, NE., Washington, DC Act,6 in particular, in that it provides for Participants are not required to use the 20549–1090. the equitable allocation of reasonable routing services, but instead, BOX All submissions should refer to File dues, fees, and other charges among its routing services are completely Number SR–BX–2011–064. This file members and other persons using its optional. As discussed above, BOX number should be included on the facilities. The Exchange believes the Participants can manage their own subject line if e-mail is used. To help the changes proposed are an equitable routing to different options exchanges or Commission process and review your allocation of reasonable fees and charges can utilize a myriad of other routing comments more efficiently, please use among BOX Options Participants. solutions that are available to market only one method. The Commission will The Exchange believes that assessing participants. post all comments on the Commission’s a fee to Participants for routing orders Internet Web site (http://www.sec.gov/ to other market venues is reasonable, B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the equitable, and non-discriminatory in Statement on Burden on Competition submission, all subsequent that the fee will allow BOX to recoup a amendments, all written statements portion of its transactions costs The Exchange does not believe that with respect to the proposed rule attendant with offering routing services. the proposed rule change will impose change that are filed with the BOX uses third-party broker-dealers to any burden on competition not Commission, and all written route orders to other exchanges and necessary or appropriate in furtherance communications relating to the incurs charges for each order routed to of the purposes of the Act. proposed rule change between the an away market, in addition to the fees C. Self-Regulatory Organization’s Commission and any person, other than charged by other exchanges. BOX has Statement on Comments on the those that may be withheld from the been providing its routing services to Proposed Rule Change Received From public in accordance with the Participants at no cost and has been able Members, Participants, or Others provisions of 5 U.S.C. 552, will be to cover such costs with revenue available for Web site viewing and The Exchange has neither solicited 5 15 U.S.C. 78f(b). nor received comments on the proposed 7 15 U.S.C. 78s(b)(3)(A)(ii). 6 15 U.S.C. 78f(b)(4). rule change. 8 17 CFR 240.19b–4(f)(2).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58074 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

printing in the Commission’s Public DEPARTMENT OF STATE SUPPLEMENTARY INFORMATION: We are Reference Room, 100 F Street, NW., soliciting public comments to permit [Public Notice: 7588] Washington, DC 20549, on official the Department to: • business days between the hours of 10 30-Day Notice of Proposed Information Evaluate whether the proposed a.m. and 3 p.m. The text of the proposed Collection: DS–7001 and DS–7005, information collection is necessary to rule change is available on the DOS-Sponsored Academic Exchange properly perform our functions. • Evaluate the accuracy of our Commission’s Web site at http:// Program Application, OMB Control estimate of the burden of the proposed www.sec.gov. Copies of such filing also Number 1405–0138 collection, including the validity of the will be available for inspection and ACTION: Notice of request for public methodology and assumptions used. copying at the principal office of the • Enhance the quality, utility, and Exchange. All comments received will comment and submission to OMB of proposed collection of information. clarity of the information to be be posted without change; the collected. Commission does not edit personal SUMMARY: The Department of State has • Minimize the reporting burden on identifying information from submitted the following information those who are to respond. submissions. You should submit only collection request to the Office of Abstract of Proposed Collection information that you wish to make Management and Budget (OMB) for available publicly. All submissions approval in accordance with the The Department of State collects this should refer to File Number SR–BX– Paperwork Reduction Act of 1995. information to identify qualified 2011–064 and should be submitted on • Title of Information Collection: candidates from Eurasia and South or before October 11, 2011. DOS-Sponsored Academic Exchange Central Asia for exchange activities sponsored by the Office of Academic For the Commission, by the Division of Program Application. • OMB Control Number: 1405–0138. Exchange Programs. Trading and Markets, pursuant to delegated • authority.9 Type of Request: Extension of a Methodology Currently Approved Collection. Elizabeth M. Murphy, Applications are delivered physically • Originating Office: Bureau of to the foreign country offices of the Secretary. Educational and Cultural Affairs, ECA/ grantee organization, submitted [FR Doc. 2011–23975 Filed 9–16–11; 8:45 am] A/E/EUR. electronically, or through the mail. BILLING CODE 8011–01–P • Form Number: DS–7001, DS–7005. Additional Information: None. • Respondents: Applicants for the Academic Exchange Program. Dated: September 1, 2011. SECURITIES AND EXCHANGE • Estimated Number of Respondents: Marianne Craven, COMMISSION 7160 (For DS–7001, 3842 estimated; for Acting Deputy Assistant Secretary, Bureau DS–7005, 3318 estimated). of Educational and Cultural Affairs, • Department of State. [Release No. 34–65224; File No. SR–CBOE– Estimated Number of Responses: 2011–081] 7160 (For DS–7001, 3842 estimated; for [FR Doc. 2011–23888 Filed 9–16–11; 8:45 am] DS–7005, 3318 estimated). BILLING CODE 4710–05–P Self-Regulatory Organizations; • Average Hours per Response: 0.75. Chicago Board Options Exchange, • Total Estimated Burden: 5370 Incorporated; Notice of Filing and hours. DEPARTMENT OF STATE • Immediate Effectiveness of Proposed Frequency: Annually. [Public Notice: 7590] Rule Change To Extend the Obligation to Respond: Voluntary. Compliance Deadline for Qualification DATES: Submit comments to the Office Culturally Significant Objects Imported Pursuant to Rule 3.6A of Management and Budget (OMB) for for Exhibition Determinations: ‘‘Sanja up to 30 days from September 19, 2011. Ivekovic´: Sweet Violence’’ August 30, 2011. ADDRESSES: Direct comments to the SUMMARY: Notice is hereby given of the Correction Department of State Desk Officer in the following determinations: Pursuant to Office of Information and Regulatory the authority vested in me by the Act of In notice document 2011–22774 Affairs at the Office of Management and October 19, 1965 (79 Stat. 985; 22 U.S.C. appearing on pages 55447–55449 in the Budget (OMB). You may submit 2459), Executive Order 12047 of March issue of September 7, 2011, make the comments by the following methods: 27, 1978, the Foreign Affairs Reform and following correction: • E-mail: Restructuring Act of 1998 (112 Stat. _ On page 55447, in the first column, oira [email protected]. You 2681, et seq.; 22 U.S.C. 6501 note, et must include the DS form number, the Release No. and File No., which seq.), Delegation of Authority No. 234 of information collection title, and OMB were inadvertently omitted from the October 1, 1999, and Delegation of control number in the subject line of Authority No. 236–3 of August 28, 2000 document heading, are added to read as your message. set forth above. (and, as appropriate, Delegation of • Fax: 202–395–5806. Attention: Desk Authority No. 257 of April 15, 2003), I [FR Doc. C1–2011–22774 Filed 9–16–11; 8:45 am] Officer for Department of State. hereby determine that the objects to be BILLING CODE 1505–01–P FOR FURTHER INFORMATION CONTACT: You included in the exhibition ‘‘Sanja may obtain copies of the proposed Ivekovic´: Sweet Violence,’’ imported information collection and supporting from abroad for temporary exhibition documents from Micaela S. Iovine, U.S. within the United States, are of cultural Department of State, Bureau of significance. The objects are imported Educational and Cultural Affairs, Floor pursuant to loan agreements with the 4, 2200 C St., NW., Washington, DC foreign owners or custodians. I also 20522–0504, who may be reached on determine that the exhibition or display 9 17 CFR 200.30–3(a)(12). 202–632–3256 or at [email protected]. of the exhibit objects at the Museum of

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58075

Modern Art, New York, New York, from the Legal Adviser, U.S. Department of Dated: September 12, 2011. on or about December 18, 2011, until on State (telephone: 202–632–6469). The J. Adam Ereli, or about March 26, 2012, and at possible mailing address is U.S. Department of Principal Deputy Assistant Secretary, Bureau additional exhibitions or venues yet to State, SA–5, L/PD, Fifth Floor (Suite of Educational and Cultural Affairs, be determined, is in the national 5H03), Washington, DC 20522–0505. Department of State. interest. I have ordered that Public [FR Doc. 2011–23996 Filed 9–16–11; 8:45 am] Notice of these Determinations be Dated: September 12, 2011. BILLING CODE 4710–05–P published in the Federal Register. J. Adam Ereli, FOR FURTHER INFORMATION CONTACT: For Principal Deputy Assistant Secretary, Bureau further information, including a list of of Educational and Cultural Affairs, DEPARTMENT OF STATE the exhibit objects, contact Paul W. Department of State. [FR Doc. 2011–23997 Filed 9–16–11; 8:45 am] Manning, Attorney-Adviser, Office of [Public Notice: 7591] the Legal Adviser, U.S. Department of BILLING CODE 4710–05–P State (telephone: 202–632–6469). The Culturally Significant Objects Imported mailing address is U.S. Department of for Exhibition Determinations: DEPARTMENT OF STATE State, SA–5, L/PD, Fifth Floor (Suite ‘‘Rembrandt and Degas: Two Young 5H03), Washington, DC 20522–0505. Artists’’ Dated: September 12, 2011. [Public Notice: 7589] J. Adam Ereli, SUMMARY: Notice is hereby given of the Culturally Significant Object Imported Principal Deputy Assistant Secretary, Bureau following determinations: Pursuant to for Exhibition Determinations: of Educational and Cultural Affairs, the authority vested in me by the Act of ‘‘Cervera Bible’’ Department of State. October 19, 1965 (79 Stat. 985; 22 U.S.C. [FR Doc. 2011–23999 Filed 9–16–11; 8:45 am] 2459), Executive Order 12047 of March SUMMARY: Notice is hereby given of the BILLING CODE 4710–05–P following determinations: Pursuant to 27, 1978, the Foreign Affairs Reform and the authority vested in me by the Act of Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et DEPARTMENT OF STATE October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March seq.), Delegation of Authority No. 234 of [Public Notice: 7590] 27, 1978, the Foreign Affairs Reform and October 1, 1999, and Delegation of Restructuring Act of 1998 (112 Stat. Authority No. 236–3 of August 28, 2000 Culturally Significant Objects Imported (and, as appropriate, Delegation of for Exhibition Determinations: ‘‘Sanja 2681, et seq.; 22 U.S.C. 6501 note, et Authority No. 257 of April 15, 2003), I Ivekovic´: Sweet Violence’’ seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of hereby determine that the objects to be SUMMARY: Notice is hereby given of the Authority No. 236–3 of August 28, 2000 included in the exhibition ‘‘Rembrandt following determinations: Pursuant to (and, as appropriate, Delegation of and Degas: Two Young Artists,’’ the authority vested in me by the Act of Authority No. 257 of April 15, 2003), I imported from abroad for temporary October 19, 1965 (79 Stat. 985; 22 U.S.C. hereby determine that the object to be exhibition within the United States, are 2459), Executive Order 12047 of March included in the exhibition ‘‘Cervera of cultural significance. The objects are 27, 1978, the Foreign Affairs Reform and imported pursuant to loan agreements Restructuring Act of 1998 (112 Stat. Bible,’’ imported from abroad for temporary exhibition within the United with the foreign owners or custodians. 2681, et seq.; 22 U.S.C. 6501 note, et I also determine that the exhibition or seq.), Delegation of Authority No. 234 of States, is of cultural significance. The object is imported pursuant to a loan display of the exhibit objects at the October 1, 1999, and Delegation of Sterling and Francine Clark Art Authority No. 236–3 of August 28, 2000 agreement with the foreign owner or custodian. I also determine that the Institute, Williamstown, Massachusetts, (and, as appropriate, Delegation of from on or about November 12, 2011, Authority No. 257 of April 15, 2003), I exhibition or display of the exhibit until on or about February 5, 2012, the hereby determine that the objects to be object at the Metropolitan Museum of Metropolitan Museum of Art, New York, included in the exhibition ‘‘Sanja Art, New York, New York, from on or New York, from on or about February Ivekovic´: Sweet Violence,’’ imported about November 22, 2011, until on or from abroad for temporary exhibition about January 16, 2012, and at possible 22, 2012, until on or about May 20, within the United States, are of cultural additional exhibitions or venues yet to 2012, and at possible additional significance. The objects are imported be determined, is in the national exhibitions or venues yet to be pursuant to loan agreements with the interest. I have ordered that Public determined, is in the national interest. foreign owners or custodians. I also Notice of these Determinations be I have ordered that Public Notice of determine that the exhibition or display published in the Federal Register. these Determinations be published in of the exhibit objects at the Museum of the Federal Register. FOR FURTHER INFORMATION CONTACT: For Modern Art, New York, New York, from FOR FURTHER INFORMATION CONTACT: For on or about December 18, 2011, until on further information, including a description of the exhibit object, contact further information, including a list of or about March 26, 2012, and at possible the exhibit objects, contact Paul W. additional exhibitions or venues yet to Paul W. Manning, Attorney-Adviser, Manning, Attorney-Adviser, Office of be determined, is in the national Office of the Legal Adviser, U.S. the Legal Adviser, U.S. Department of interest. I have ordered that Public Department of State (telephone: 202– State (telephone: 202–632–6469). The Notice of these Determinations be 632–6469). The mailing address is U.S. published in the Federal Register. Department of State, SA–5, L/PD, Fifth mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite FOR FURTHER INFORMATION CONTACT: For Floor (Suite 5H03), Washington, DC 5H03), Washington, DC 20522–0505. further information, including a list of 20522–0505. the exhibit objects, contact Paul W. Manning, Attorney-Adviser, Office of

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58076 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Dated: September 12, 2011. DEPARTMENT OF STATE security of U.S. nationals or the national J. Adam Ereli, security, foreign policy, or economy of [Public Notice: 7594] Principal Deputy Assistant Secretary, Bureau the United States. of Educational and Cultural Affairs, Designation of the Indian Mujahideen, Consistent with the determination in Department of State. Also Known as Indian Mujahedeen, section 10 of Executive Order 13224 that [FR Doc. 2011–24004 Filed 9–16–11; 8:45 am] Also Known as Indian Mujahidin, Also ‘‘prior notice to persons determined to BILLING CODE 4710–05–P Known as Islamic Security Force– be subject to the Order who might have Indian Mujahideen (ISF–IM), as a a constitutional presence in the United Foreign Terrorist Organization States would render ineffectual the DEPARTMENT OF STATE Pursuant to Section 219 of the blocking and other measures authorized Immigration and Nationality Act, as in the Order because of the ability to [Public Notice: 7592] Amended transfer funds instantaneously,’’ I determine that no prior notice needs to Culturally Significant Objects Imported Based upon a review of the be provided to any person subject to this for Exhibition Determinations: Administrative Record assembled in determination who might have a ‘‘Maharaja: The Splendor of India’s this matter and in consultation with the constitutional presence in the United Royal Courts’’ Attorney General and the Secretary of States, because to do so would render the Treasury, I conclude that there is a ineffectual the measures authorized in SUMMARY: Notice is hereby given of the sufficient factual basis to find that the the Order. following determinations: Pursuant to relevant circumstances described in This notice shall be published in the the authority vested in me by the Act of section 219 of the Immigration and Federal Register. October 19, 1965 (79 Stat. 985; 22 U.S.C. Nationality Act, as amended (hereinafter 2459), Executive Order 12047 of March Dated: September 6, 2011. ‘‘INA’’) (8 U.S.C. 1189), exist with Hillary Rodham Clinton, 27, 1978, the Foreign Affairs Reform and respect to the Indian Mujahideen, also Secretary of State. Restructuring Act of 1998 (112 Stat. known as Indian Mujahedeen, also 2681, et seq.; 22 U.S.C. 6501 note, et known as Indian Mujahidin, also known [FR Doc. 2011–23995 Filed 9–16–11; 8:45 am] seq.), Delegation of Authority No. 234 of as Islamic Security Force–Indian BILLING CODE 4710–10–P October 1, 1999, Delegation of Authority Mujahideen (ISF–IM). No. 236–3 of August 28, 2000 (and, as Therefore, I hereby designate the STATE DEPARTMENT appropriate, Delegation of Authority No. aforementioned organization and its 257 of April 15, 2003), I hereby aliases as a Foreign Terrorist [Public Notice: 7550] determine that the objects to be Organization pursuant to section 219 of included in the exhibition ‘‘Maharaja: the INA. International Security Advisory Board The Splendor of India’s Royal Courts,’’ This determination shall be published (ISAB) Meeting Notice; Closed Meeting imported from abroad for temporary in the Federal Register. exhibition within the United States, are In accordance with section 10(a)(2) of of cultural significance. The objects are Dated: September 6, 2011. the Federal Advisory Committee Act, 5 imported pursuant to loan agreements Hillary Rodham Clinton, U.S.C. App. 10(a)(2), the Department of with the foreign owners or custodians. Secretary of State. State announces a meeting of the I also determine that the exhibition or [FR Doc. 2011–24027 Filed 9–16–11; 8:45 am] International Security Advisory Board display of the exhibit objects at the BILLING CODE 4710–10–P (ISAB) to take place on October 6, 2011, Asian Art Museum, San Francisco, CA, at the Department of State, Washington, from on or about October 21, 2011, until DC. on or about April 8, 2012; the Virginia DEPARTMENT OF STATE Pursuant to section 10(d) of the Federal Advisory Committee Act, 5 Museum of Fine Arts, Richmond, VA, [Public Notice: 7595] from on or about May 19, 2012, until on U.S.C. App. 10(d), and 5 U.S.C. or about August 19, 2012, and at Designation of The Indian Mujahideen, 552b(c)(1), it has been determined that possible additional exhibitions or Also Known as Indian Mujahedeen, this Board meeting will be closed to the venues yet to be determined, is in the Also Known as Indian Mujahidin, Also public in the interest of national defense national interest. I have ordered that Known as Islamic Security Force- and foreign policy because the Board Public Notice of these Determinations Indian Mujahideen (ISF–IM), as a will be reviewing and discussing be published in the Federal Register. Specially Designated Global Terrorist matters properly classified in accordance with Executive Order 13526. FOR FURTHER INFORMATION CONTACT: For Pursuant to Section 1(b) of Executive The purpose of the ISAB is to provide further information, including a list of Order 13224, as Amended the Department with a continuing the exhibit objects, contact Julie Acting under the authority of and in source of independent advice on all Simpson, Attorney-Adviser, Office of accordance with section 1(b) of aspects of arms control, disarmament, the Legal Adviser, U.S. Department of Executive Order 13224 of September 23, political-military affairs, and State (telephone: 202–632–6467). The 2001, as amended by Executive Order international security and related mailing address is U.S. Department of 13268 of July 2, 2002, and Executive aspects of public diplomacy. The State, SA–5, L/PD, Fifth Floor (Suite Order 13284 of January 23, 2003, I agenda for this meeting will include 5H03), Washington, DC 20522–0505. hereby determine that the organization classified discussions related to the Dated: September 12, 2011. known as the Indian Mujahideen, also Board’s ongoing studies on current U.S. J. Adam Ereli, known as Indian Mujahedeen, also policy and issues regarding arms Principal Deputy Assistant Secretary, Bureau known as Indian Mujahidin, also known control, international security, nuclear of Educational and Cultural Affairs, as Islamic Security Force-Indian proliferation, and diplomacy. Department of State. Mujahideen (ISF–IM), committed, or For more information, contact Richard [FR Doc. 2011–24002 Filed 9–16–11; 8:45 am] poses a significant risk of committing, W. Hartman II, Executive Director of the BILLING CODE 4710–05–P acts of terrorism that threaten the International Security Advisory Board,

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58077

Department of State, Washington, DC Traffic Alert and Collision Avoidance • Consideration of final proposed 20520, telephone: (202) 736–4290. Systems Airborne Equipment. changes to SC 147 Terms of Reference • Dated: August 26, 2011. Other Business SUMMARY: The FAA is issuing this notice • Richard W. Hartman II, Action Items to advise the public of a meeting of • Date, Time, and Place of Next Executive Director, International Security RTCA Special Committee 147: Advisory Board, U.S. Department of State. meeting Minimum Operational Performance • Adjourn [FR Doc. 2011–24036 Filed 9–16–11; 8:45 am] Standards for Traffic Alert and Collision Attendance is open to the interested BILLING CODE 4710–24–P Avoidance Systems Airborne public but limited to space availability. Equipment Agenda for the 73rd With the approval of the chairman, meeting. DEPARTMENT OF STATE members of the public may present oral DATES: The meeting will be held statements at the meeting. Persons [Public Notice 7593] October 6, 2011, from 8:30 a.m. to wishing to present statements or obtain 4 p.m. information should contact the person Certification Related to Conditions ADDRESSES: The meeting will be held at listed in the FOR FURTHER INFORMATION Under Which Assistance Using FY RTCA, Inc., 1150 18th Street, NW., Suite CONTACT section. Members of the public 2011 Economic Support Funds (ESF) 910, Washington, DC 20036. may present a written statement to the for the Reintegration of Former FOR FURTHER INFORMATION CONTACT: committee at any time. Members of Foreign Terrorist RTCA Secretariat, 1850 18th Street, Issued in Washington, DC on September 8, Organizations May Be Used NW., Suite 910, Washington, DC, 20036, 2011. Pursuant to the authority vested in the telephone (202) 833–9339, fax (202) Robert L. Bostiga, Secretary of State under section 7046(b) 833–9434, Web site http://www.rtca.org. Manager, Agency Committee Management of the Department of State, Foreign SUPPLEMENTARY INFORMATION: Pursuant Office, Business Operations Group, AJP–92, Operations, and Related Programs to section 10(a)(2) of the Federal NextGen & Operations Planning. Appropriations Act, 2010 (Div. F, Pub. Advisory Committee Act (Pub. L. 92– [FR Doc. 2011–23699 Filed 9–14–11; 8:45 am] L. 111–117), as carried forward by the 463, 5 U.S.C., and Appendix 2), notice BILLING CODE 4910–13–P Full-Year Continuing Appropriations is hereby given for a Special Committee Act, 2011 (Div. B, Pub. L. 112–10), 147, Minimum Operational Performance which incorporates by reference and Standards for Traffic Alert and Collision DEPARTMENT OF TRANSPORTATION Avoidance Systems Airborne amends, in part, section 7046(d) of the Federal Aviation Administration Department of State, Foreign Equipment Agenda for the 73rd Operations, and Related Programs meeting: RTCA Program Management Appropriations Act, 2009 (Div. H, Pub. Agenda Committee L. 111–8) (FY 2009 SFOAA), I hereby determine and certify that the October 6, 2011 AGENCY: Federal Aviation Government of Colombia is meeting the • Open Plenary Session Administration (FAA), DOT. conditions described in section • SC–147 and WG–75 Co-Chairmen’s ACTION: Notice of RTCA Program 7046(d)(2) of the FY 2009 SFOAA, and Opening Remarks Management Committee meeting. that I have consulted with Congress as • Introductions consistent with section 7046(d)(1) of the • Approval of Agenda and Summary SUMMARY: The FAA is issuing this notice FY 2009 SFOAA, as amended. from 72nd meeting of SC–147 to advise the public of a meeting of the This Certification shall be published • EUROCAE WG–75: Status of RTCA Program Management Committee. in the Federal Register and copies shall Current Events DATES: The meeting will be held be transmitted to the appropriate • Compatibility of Airborne and September 28, 2011 from 8:30 a.m. to committees of Congress. Ground-based Safety Nets 1:30 p.m. • Dated: September 6, 2011. Automated TCAS Response ADDRESSES: The meeting will be held at Hillary Rodham Clinton, Standards RTCA, Inc., 1150 18th Street, NW., Suite • TCAS Program Office Activities 910, Washington, DC 20036. Secretary of State. • Monitoring Efforts/TRAMS/TOPA FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–24034 Filed 9–16–11; 8:45 am] • Future CAS development efforts RTCA Secretariat, 1150 18th Street, BILLING CODE 4710–29–P • AVS and other FAA activities • TSOs, etc. NW., Suite 910, Washington, DC 20036; • ASIAS/CAST/CAS Steering telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. DEPARTMENT OF TRANSPORTATION Committee • Working Group Status Reports SUPPLEMENTARY INFORMATION: Pursuant • Federal Aviation Administration Requirement Working Group to section 10(a)(2) of the Federal • Detailed brief on RWG report on Advisory Committee Act (Pub. L. 92– Seventy-Third Meeting: RTCA Special Recommendations for collision- 463, 5 U.S.C., Appendix 2), notice is Committee 147: Minimum Operational avoidance system(s) that would be hereby given for a RTCA Program Performance Standards for Traffic compatible with TCAS II, be more Management Committee meeting. The Alert and Collision Avoidance Systems compatible with operations in congested agenda will include: Airborne Equipment airspace, and integrate ADS–B data • Opening Plenary (Welcome And effectively. Introductions). AGENCY: Federal Aviation • Surveillance Working Group • Review/Approve Summaries. Administration (FAA), DOT. • Proposed changes to both Hybrid • June 22, 2011, RTCA Paper No. ACTION: Notice of RTCA Special and TCAS Surveillance and their 159–11/PMC–916. Committee 147 meeting: Minimum associated projected reductions in • Publication Consideration/ Operational Performance Standards for transponder occupancy by TCAS Approval.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58078 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

• Final Draft, New Document, Final • Adjourn. Additional Information Draft, Revised DO–272B, User Attendance is open to the interested Additional information and all the Requirements for Aerodrome Mapping public but limited to space availability. documents to be considered can be Information, RTCA Paper No. 152–11/ With the approval of the chairman, found in the Web site http://www.faa. PMC–908, prepared by SC–217. members of the public may present oral gov/go/SC214. • Final Draft, Revised DO–291A, statements at the meeting. Persons Minimum Interchange Standards for wishing to present statements or obtain Meeting Objectives Terrain, Obstacle, and Aerodrome information should contact the person 1. Consider DO–224C Signal-in-Space Mapping Data, RTCA Paper No. 153–11/ listed in the FOR FURTHER INFORMATION Minimum Aviation System Performance PMC–909, prepared by SC–217. CONTACT section. Members of the public Standards (MASPS) for Advanced VHF • Final Draft, New Document, may present a written statement to the Digital Data Communications Including Aircraft Secondary Barriers and committee at any time. Compatibility with Digital Voice Alternative Flight Deck Security Issued in Washington, DC on September 8, Techniques for approval (RTCA Only). Procedures, RTCA Paper No. 154–11/ 2011. • Consider DO–281B/ED–92B PMC–910, prepared by SC–221. Robert L. Bostiga, Minimum Operational Performance • Final Draft, Revised DO–178B, Standards (MOPS) for Aircraft VDL Software Considerations in Airborne Manager, Agency Committee Management Office, Business Operations Group, AJP–92, Mode 2 Physical, Link and Network Systems and Equipment Certification, NextGen & Operations Planning. Layer for release for final review and RTCA Paper No. 155–11/PMC–911, [FR Doc. 2011–23696 Filed 9–14–11; 8:45 am] comment. prepared by SC–205. • Final Draft, Revised DO–278, BILLING CODE 4910–13–P Agenda Software Integrity Assurance Monday, September 26, 2011 Considerations for Communication, DEPARTMENT OF TRANSPORTATION • 9:00–17:00 Sub group session. Navigation, Surveillance and Air Traffic Management (CNS/ATM) Systems, Federal Aviation Administration Tuesday, September 27, 2011 RTCA Paper No. 156–11/PMC–912, • 9:00–17:00 Sub-Group Session. prepared by SC–205. Thirteenth Meeting: RTCA Special • Final Draft, New Document, Committee 214: Working Group 78: Wednesday, September 28, 2011 Software Tool Qualification Standards for Air Traffic Data • Plenary Session 9:00–12:30. Considerations, RTCA Paper No. 157– Communication Services • Welcome/Introduction/ 11/PMC–913, prepared by SC–205. Administrative Remarks. • Final Draft, New Document, Formal AGENCY: Federal Aviation • Approval of the Agenda. Methods Supplement to DO–178 and Administration (FAA), DOT. • Discuss comments received during DO–278, RTCA Paper No. 158–11/PMC– ACTION: Notice of RTCA Special public review of DO–224C. Approve 914, prepared by SC–205. Committee 214: Working Group 78: final changes. • Integration and Coordination Standards for Air Traffic Data • Decide on approval of DO–224C. Committee (ICC)—Report. Communication Services. • Discuss comments received during • MASPS, SPR Guidance—Update. plenary review of DO–281B/ED–92B. • MOPS Drafting Guide— SUMMARY: The FAA is issuing this notice Approve final changes. Recommendations for Review/ to advise the public of a meeting of the • Decide on release of DO–281B/ED– Approval. RTCA Special Committee 214: Working 92B for final review and comment. • Action Item Review. Group 78: Standards for Air Traffic Data • Any Other Business. • • SC–222—Inmarsat AMS(R)S— Communication Services. Adjourn. • Discussion—Review/Approve Revised DATES: The meeting will be held 13:30–17:00 Sub-Group Session. Terms of Reference. September 26–30, 2011 from 9 a.m.– Thursday, September 28, 2011 • PMC Ad Hoc—Special Committee 5 p.m. • 9:00–17:00 Plenary Session. Guidance Document—Discussion— ADDRESSES: The meeting will be held at • SC–203—Unmanned Aircraft the Parc tertiaire Silic, 3 avenue Charles Friday, September 30, 2011 Systems—Discussion—Overview of Lindburg, BP 20351, 94628 RUNGIS • 9:00–16:00 Sub-Group Sessions. MASPS Process. Cedex, Paris, France. Confirm Attendance is open to the interested • Discussion. • attendance with Pascal Rohault at public but limited to space availability. Aircraft Audio Systems and telephone number 01.79.61.40.00 or With the approval of the chairmen, Equipment—Discussion—Request for contact pascal.rohault@thalesgroup. members of the public may present oral New Special Committee to Revise DO– [email protected]. statements at the meeting. Persons 214—Audio Systems Characteristics FOR FURTHER INFORMATION CONTACT: wishing to present statements or obtain and Minimum Operational Performance information should contact the person Standards for Aircraft Audio Systems RTCA Secretariat, 1150 18th Street, NW., Suite 910, Washington, DC 20036; listed in the FOR FURTHER INFORMATION and Equipment. CONTACT section. Members of the public • SC–206—Aeronautical Information telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. may present a written statement to the Services (AIS) Data Link—Co-Chairman committee at any time. Review/Approval. SUPPLEMENTARY INFORMATION: Pursuant • NAC Update. to section 10(a)(2) of the Federal Issued in Washington, DC, on September 8, • FAA Actions Taken on Previously Advisory Committee Act (Pub. L. 92– 2011. Published Documents. 463, 5 U.S.C., Appendix 2), notice is Robert L. Bostiga, • Special Committees—Chairmen’s hereby given for a RTCA Special Manager, Agency Committee Management Reports. Committee 214: Working Group 78: Office, Business Operations Group, AJP–92, • Other Business. Standards for Air Traffic Data NextGen & Operations Planning. • Schedule for Committee Communication Services meeting. The [FR Doc. 2011–23698 Filed 9–14–11; 8:45 am] Deliverables and Next Meeting Date. agenda will include: BILLING CODE 4910–13–P

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00132 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58079

DEPARTMENT OF TRANSPORTATION Rehabilitate runway 10/28. Airfield lighting upgrade. Rehabilitate taxiway D (east) and Handicapped passenger boarding Federal Aviation Administration northwest end of taxiway A. equipment. Security enhancements. Brief Description of Projects Approved Notice of Passenger Facility Charge Acquire snow removal equipment, (PFC) Approvals and Disapprovals for Collection at ACV and Use at phase I. Dinsmore Airport (D63): Improve runway safety area, runway 4, AGENCY: Federal Aviation Study removal of obstructions in Administration (FAA), DOT. phases I and II. Acquire snow removal equipment, runway approach. ACTION: Monthly Notice of PFC Removal of obstructions in runway phase II. Approvals and Disapprovals. In August approach. Upgrade and relocate airfield equipment 2011, there were 10 applications Installation of windsock and segmented and air traffic control tower center approved. This notice also includes circle. controls for new control tower. information on three applications, Brief Description of Projects Approved Design and construct new south general approved in July 2011, inadvertently left for Collection at ACV and Use at aviation apron. off the July 2011 notice. Additionally, Garberville Airport (O16): Remove obstructions. 10 approved amendments to previously Design and construct access road for Study removal of obstructions in approved applications are listed. general aviation area. runway approach. Design runway 18/36 rehabilitation. SUMMARY: The FAA publishes a monthly Design terminal expansion and in-line baggage screening system. Removal of obstructions in runway notice, as appropriate, of PFC approvals approach. and disapprovals under the provisions Design and construct taxiway B extension (runway 22 approach end). Runway 18/36 rehabilitation. of the Aviation Safety and Capacity Rehabilitate and expand aircraft ramp. Expansion Act of 1990 (Title IX of the Decision Date: July 21, 2011. Design runway 18/36 safety area Omnibus Budget Reconciliation Act of For Further Information Contact: Lori drainage. 1990) (Pub. L. 101–508) and Part 158 of Ledebohm, Harrisburg Airports District the Federal Aviation Regulations (14 Office, (717) 730–2835. Brief Description of Projects Approved CFR part 158). This notice is published Public Agency: County of Humboldt, for Collection at ACV and Use at pursuant to paragraph d of § 158.29. Eureka, California. Kneeland Airport (O19): Application Number: 11–10–C–00– Study removal of obstructions in PFC Applications Approved ACV. runway approach. Public Agency: Luzerne and Application Type: Impose and use a Design fencing and gates. Lackawanna Counties, Avoca, PFC. Install fencing and gates. Pennsylvania. Total PFC Revenue Approved in This Brief Description of Projects Approved Application Number: 11–08–C–00– Decision: $1,851,818. for Collection at ACV and Use at Murray AVP. PFC Level: $4.50. Field (EKA): Application Type: Impose and use a Earliest Charge Effective Date: Design wildlife perimeter fencing. PFC. October 1, 2011. Design automated weather observing PFC Level: $4.50. Estimated Charge Expiration Date: system. Total PFC Revenue Approved in This August 1, 2016. Design runway 12/30 rehabilitation. Decision: $2,611,599. Classes of Air Carriers Not Required Upgrade runway 12/30 lighting. Earliest Charge Effective Date: August To Collect PFCs: (1) Nonscheduled/on- Runway 12/30 rehabilitation. 1, 2018. demand air carriers filing FAA From Design access road rehabilitation. Estimated Charge Expiration Date: 1800–31; and (2) nonscheduled large June 1, 2025. Brief Description of Projects Approved certificated air carriers filing for Collection at ACV and Use at Class of Air Carriers Not Required to Department of Transportation Research Collect PFCs: None. Rohnerville Airport (FOT): and Special Programs Administration Runway/taxiway rehabilitation, phase 1. Brief Description of Projects Approved Form T–100. for Collection and Use: Runway/taxiway rehabilitation, phase 2. Determination: Approved. Based on Reconstruct aircraft ramp. Expand general aviation apron. information contained in the public Acquire security equipment. agency’s application, the FAA has Brief Description of Projects Approved Acquire snow removal equipment. determined that each proposed class for Collection at ACV for Future Use at Acquire aircraft rescue and firefighting accounts for less than 1 percent of the ACV: vehicle. total annual enplanements at Arcata Construct aircraft rescue and firefighting Conduct miscellaneous study. Airport (ACV). station. Install guidance signs. Brief Description of Projects Approved Taxiways B and G drainage Rehabilitate runway, phases I, II, and III. for Collection at ACV and USE at ACV: improvements. Rehabilitate taxiway B, phases I and II. Design a new access roadway. Acquire snow removal equipment— PFC administration. Brief Description of Projects Approved snow blower. Runway 14/32 safety area for Collection at ACV for Future Use at Acquire aircraft rescue and firefighting improvements. D63: vehicle. Runway 01/19 safety area grading Acquire snow removal equipment, enhancements. Design west end storm drain phase II. Wildlife hazard assessment. improvements. Construct taxiway to runway 10/28. Bluff stabilization at runway 14 end— Construct west end storm drain Design/construct air cargo/general design. improvements. aviation apron. Bluff stabilization at runway 14 end— Design fencing and gates. Design passenger terminal apron. construction. Construct fencing and gates. Construct aircraft rescue and firefighting Study removal of obstructions in Brief Description of Project Approved building, phases I and II. runway approach. for Collection at ACV for Future Use at

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58080 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

O16: Construct runway 18/36 safety area Terminal expansion passenger seating. Class of Air Carriers Not Required To drainage. Rehabilitate deicing ramp (design and Collect PFC’s: None. Brief Description of Project Approved construction). Brief Description of Project Partially for Collection at ACV for Future Use at Air carrier apron expansion (design and Approved for Collection and Use: O19: Construct erosion control/bluff construction). Terminal improvements. stabilization. Master plan/airport layout plan update. Determination: Several project Brief Description of Project Approved Geographic information system components were determined to serve for Collection at ACV for Future Use at mapping. both eligible and ineligible areas. EKA: Access road rehabilitation. Apron lighting (design and Therefore, those components were Brief Description of Project Approved construction). partially approved. for Use at O16: Install automated PFC program development. Decision Date: August 11, 2011. weather observing system. PFC program administration. For Further Information Contact: Brief Description of Project Approved Brief Description of Projects Approved Susan Moore, Orlando Airports District for Use at O19: Design erosion control/ for Collection: Office, (407) 812–6331. stabilization. Land acquisition runway 20 approach, Public Agency: Toledo-Lucas County Brief Description of Projects Approved professional services. Port Authority, Toledo, Ohio. for Use at EKA: Runway 2/20 runway safety area Application Number: 11–06–C–00– Install perimeter fencing and gates. extension (design and construction). TOL. Install automated weather observing Land acquisition, runway 20 extension Application Type: Impose and use a system. (Lewis parcels). PFC. Land acquisition, runway 20 runway Brief Description of Project Approved Total PFC Revenue Approved in This safety area and runway extension. for Use at FOT: Install automated Decision: $2,288,261. weather observing system. Brief Description of Disapproved PFC Level: $4.50. Brief Description of Disapproved Project: Demolish former Army Reserve Earliest Charge Effective Date: Project: Procure 1-inch jet pump for building. December 1, 2011. runway marking/striper installation. Determination: Disapproved. This Estimated Charge Expiration Date: Determination: Disapproved. This project does not meet the requirements June 1, 2018. project does not meet the requirements of § 158.15(b) and, therefore, is not Class of Air Carriers Not Required To of § 158.15(b) and, therefore, is not eligible for PFCs. Collect PFCs: Nonscheduled/on-demand eligible for PFCs. Decision Date: July 22, 2011. air carriers filing FAA Form 1800–31. Decision Date: July 22, 2011. For Further Information Contact: John Determination: Approved. Based on For Further Information Contact: Marshall, Atlanta Airports District information contained in the public Gretchen Kelly, San Francisco Airports Office, (404) 305–7153. agency’s application, the FAA has District Office, (650) 876–2778, Public Agency: Virgin Islands Port determined that the proposed class extension 623. Authority, St. Thomas, Virgin Islands. accounts for less than 1 percent of the Public Agency: Pitt County—City of Application Number: 11–05–C–00– total annual enplanements at Toledo Greenville Airport Authority, STX. Express Airport. Greenville, North Carolina. Application Type: Impose and use a Brief Description of Projects Approved Application Number: 11–04–C–00– PFC. for Collection and Use: PFC Level: $3.00. PGV. Rehabilitation of runway 16/34— Total PFC Revenue Approved in This Application Type: Impose and use a construction. Decision: $1,869,822. PFC. Rehabilitate taxiway D shoulders— Earliest Charge Effective Date: Total PFC Revenue Approved in This design and construction. October 1, 2011. Decision: $9,589,497. Rehabilitate runway 7/25—design. Estimated Charge Expiration Date: PFC Level: $4.50. Reconstruction/relocation of taxiway February 1, 2021. Earliest Charge Effective Date: N—construction. Class of Air Carriers Not Required To October 1, 2011. Rehabilitate runway 7/25—construction. Collect PFC’s: None. Estimated Charge Expiration Date: Rehabilitate taxiways B, A, and B–1— Brief Description of Project Approved design. October 1, 2038. for Collection at Henry E. Rohlsen Class of Air Carriers Not Required To Pavement condition update. Airport and Use at Cyril E. King Airport: Collect PFCs: Air taxi/commercial Acquire aircraft rescue and firefighting Terminal improvements. vehicle. operators filing FAA Form 1800–31. Decision Date: August 11, 2011. Acquire passenger loading bridge. Determination: Approved. Based on For Further Information Contact: information contained in the public Susan Moore, Orlando Airports District Decision Date: August 12, 2011. agency’s application, the FAA has Office, (407) 812–6331. For Further Information Contact: determined that the proposed class Public Agency: Virgin Islands Port Mary Jagiello, Detroit Airports District accounts for less than 1 percent of the Authority, St. Thomas, Virgin Islands. Office, (734) 229–2956. total annual enplanements at Pitt- Application Number: 11–08–C–00– Public Agency: Oklahoma City Airport Greenville Airport. STT. Trust, Oklahoma City, Oklahoma. Brief Description of Projects Approved Application Type: Impose and use a Application Number: 11–04–C–00– for Collection and Use: PFC. 0KC. North jetway loading bridges and PFC Level: $4.50. Application Type: Impose and use a ancillary equipment. Total PFC Revenue Approved in This PFC. Stormwater pollution prevention plan Decision: $13,353,396. Total PFC Revenue Approved in This and spill prevention control and Earliest Charge Effective Date: April 1, Decision: $5,226,000. countermeasure plan updates. 2012. PFC Level: $4.50. Terminal expansion construction Estimated Charge Expiration Date: Earliest Charge Effective Date: August professional services. October 1, 2021. 1, 2020.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58081

Estimated Charge Expiration Date: Public Agency: City of Waterloo, Iowa. PFC Level: $4.50. March 1, 2021. Application Number: 11–10–C–00– Earliest Charge Effective Date: Class of Air Carriers Not Required To ALO. November 1, 2013. Collect PFC’s: Air taxi/commercial Application Type: Impose and use a Estimated Charge Expiration Date: operators filing FAA Form 1800–31. PFC. August 1, 2018. Determination: Approved. Based on Total PFC Revenue Approved in This Class of Air Carriers Not Required To information contained in the public Decision: $97,420. Collect PFCs: None. agency’s application, the FAA has PFC Level: $4.50. Brief Description of Projects Approved determined that the proposed class Earliest Charge Effective Date: March for Collection and Use: accounts for less than 1 percent of the 1, 2012. Rehabilitate runway 17/35. total annual enplanements at Will Estimated Charge Expiration Date: Rehabilitate apron, phase 1. Rogers World Airport. June 1, 2013. Rehabilitate runway 17/35, phase 1. Brief Description of Projects Approved Class of Air Carriers Not Required To Rehabilitate taxiway, phase 1. for Collection and Use: Collect PFCs: None. Security enhancements. Checked baggage inspection system. Brief Description of Projects Approved Install perimeter fencing. PFC consulting services. for Collection and Use: Rehabilitate apron, phase 2. Decision Date: August 17, 2011. Design taxiways A, B, and E and ramp. Rehabilitate runway 17/35, phase 2. For Further Information Contact: Lana Taxiway E rehabilitation. Rehabilitate taxiway, phase 2. Logan, Arkansas/Oklahoma Airports PFC annual audit and administration. Rehabilitate apron, phase 3. Development Office, (817) 222–5636. Decision Date: August 18, 2011. Rehabilitate runway 17/35, phase 3. Public Agency: Tweed—New Haven For Further Information Contact: Jim Rehabilitate taxiway, phase 3. Airport Authority, New Haven Johnson, Central Region Airports Rehabilitate runway 17/35, phase 4. Connecticut. Division, (816) 329–2600. Acquire aircraft rescue and firefighting Application Number: 11–05–C–00– Public Agency: City of Lebanon, New vehicle. HVN. Hampshire. Security enhancements. Application Type: Impose and use a Application Number: 11–07–C–00– Rehabilitate apron. PFC. LEB. Update master plan study. Total PFC Revenue Approved in This Application Type: Impose and use a Acquire snow removal equipment. Decision: $328,790. PFC. Acquire snow removal equipment. PFC Level: $4.50. Total PFC Revenue Approved in This Rehabilitate taxiway, phase 1. Earliest Charge Effective Date: Decision: $68,519. Rehabilitate taxiway, phase 2. October 1, 2011. PFC Level: $4.50. Wildlife hazard assessment. Estimated Charge Expiration Date: Earliest Charge Effective Date: Decision Date: August 23, 2011. December 1, 2013. October 1, 2011. For Further Information Contact: Class of Air Carriers Not Required To Estimated Charge Expiration Date: Mark Schenkelberg, Central Region Collect PFCs: Air taxi/commercial November 1, 2013. Airports Division, (816) 329–2645. operators non-scheduled on-demand. Class of Air Carriers Not Required To Public Agency: City of Kearney, Determination: Approved. Based on Collect PFCs: None. information contained in the public Nebraska. Brief Description of Projects Approved Application Number: 11–04–C–00– agency’s application, the FAA has for Collection and Use: determined that the proposed class EAR. accounts for less than 1 percent of the Construct apron (wetland restoration). Application Type: Impose and use a total annual enplanements at Tweed- Update master plan. PFC. New Haven Regional Airport. Boarding ramp, snow removal Total PFC Revenue Approved in This Brief Description of Projects Approved equipment, and enhanced taxiway Decision: $191,378. for Collection and Use: markings. PFC Level: $4.50. Miscellaneous improvements (lighting). Earliest Charge Effective Date: Runway 20 safety area improvements, Environmental mitigation. October 1, 2011. (runway safety area phase II). Miscellaneous airport improvements Estimated Charge Expiration Date: Taxiway B reconstruction and extension (air traffic control tower controls). April 1, 2016. wetlands mitigation, (runway safety Acquire snow removal equipment. Class of Air Carriers Not Required To area phase III). Relocate runway 2/20 localizer. Environmental assessment—phase I. Collect PFCs: None. Part 150 noise study. Environmental assessment—phase II. Brief Description of Projects Approved Runway 2/20 rehabilitation. Wildlife hazard assessment. for Collection and Use: Acquire runway sweeper. Airport property study. General aviation terminal apron, Security enhancements. Environmental assessment— sealcoat. Continuous friction measuring permitting. Runway 13/31 markings and equipment. Decision Date: August 18, 2011. miscellaneous pavement repairs. Brief Description of Disapproved For Further Information Contact: Mark surface painted hold position Project: Airfield inspection and Priscilla Scott, New England Region signs. reporting. Airports Division, (781) 238–7614. Environmental assessment. Determination: Disapproved. This Public Agency: Hall County Airport Land acquisition for runway 3/31. project does not meet the requirements Authority, Grand Island, Nebraska. Airport rescue and firefighting station of § 158.15(b) and, therefore, is not Application Number: 11–03–C–00– construction. eligible for PFCs. GRI. Aircraft rescue and firefighting truck. Decision Date: August 18, 2011. Application Type: Impose and use a Decision Date: August 23, 2011. For Further Information Contact: PFC. For Further Information Contact: Priscilla Scott, New England Region Total PFC Revenue Approved in This Mark Schenkelberg, Central Region Airports Division, (781) 238–7614. Decision: $932,944. Airports Division, (816) 329–2645.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58082 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Public Agency: County and City of Earliest Charge Effective Date: Snow removal equipment. Spokane, Spokane, Washington. October 1, 2012. Glycol recovery equipment. Estimated Charge Expiration Date: Application Number: 11–09–C–00– PFC application and administration GEG. September 1, 2014. Class of Air Carriers Not Required To fees. Application Type: Impose and use a Collect PFCs: None. Decision Date: August 23, 2011. PFC. Brief Description of Projects Approved Total PFC Revenue Approved in This for Collection and Use: For Further Information Contact: Decision: $10,215,000. Construct snow removal equipment Karen Miles, Seattle Airports District PFC Level: $4.50. building. Office, (425) 227–2661.

AMENDMENTS TO PFC APPROVALS

Original Amended Amendment Original Amended estimated estimated Amendment No., City, State approved date approved net approved net charge charge PFC revenue PFC revenue exp. date exp. date

07–13–C–02–BNA, Nashville, TN ...... 07/21/11 $15,720,134 $15,605,263 04/01/11 04/01/11 09–03–C–01–PGV, Greenville, NC ...... 07/22/11 753,324 596,985 08/01/12 10/01/11 02–01–C–01–WRL, Worland, WY ...... 08/08/11 70,500 72,022 03/01/08 03/01/08 01–04–C–02–EUG, Eugene, OR ...... 08/11/11 2,812,313 4,005,128 06/01/03 08/01/05 07–07–C–02–ALO, Waterloo, IA ...... 08/23/11 363,977 299,977 03/01/11 12/01/10 10–09–C–01–ALO, Waterloo, IA ...... 08/23/11 35,100 44,750 03/01/12 09/01/11 00–02–C–02–GRI, Grand Island, NE ...... 08/23/11 545,219 553,865 11/01/13 08/01/11 94–01–I–02–CBE, Wiley, WV ...... 08/23/11 150,000 144,345 06/01/06 06/01/06 97–02–U–01–CBE, Wiley, WV ...... 08/23/11 NA NA 06/01/06 06/01/06 08–09–C–01–ACV, Eureka, CA ...... 08/26/11 926,450 956,975 08/01/11 08/01/11

Issued in Washington, DC, on September 7, SUMMARY: In accordance with the Department of Transportation, 2011. procedures governing the application Washington, DC 20590. Joe Hebert, for, and the processing of, special Comments should refer to the Manager, Financial Analysis and Passenger permits from the Department of application number and be submitted in Facility Charge Branch. Transportation’s Hazardous Material triplicate. If confirmation of receipt of [FR Doc. 2011–23885 Filed 9–16–11; 8:45 am] Regulations (49 CFR part 107, subpart comments is desired, include a self- BILLING CODE 4910–13–M B), notice is hereby given that the Office addressed stamped postcard showing of Hazardous Materials Safety has the special permit number. received the application described FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION herein. Each mode of transportation for Copies of the applications are available which a particular special permit is for inspection in the Records Center, Pipeline and Hazardous Materials East Building, PHH–30, 1200 New Safety Administration requested is indicated by a number in the ‘‘Nature of Application’’ portion of Jersey Avenue Southeast, Washington Office of Hazardous Materials Safety; the table below as follows: 1—Motor DC or at http://regulations.gov. Notice of Application for Special vehicle, 2—Rail freight, 3—Cargo vessel, This notice of receipt of applications Permits 4—Cargo aircraft only, 5—Passenger- for special permit is published in carrying aircraft. accordance with Part 107 of the Federal AGENCY: Pipeline and Hazardous hazardous materials transportation law Materials Safety Administration DATES: Comments must be received on (49 U.S.C. 5117(b); 49 CFR 1.53(b)). (PHMSA), DOT. or before October 19, 2011. Issued in Washington, DC on September Address Comments To: Record 09, 2011. ACTION: List of Applications for Special Center, Pipeline and Hazardous Donald Burger, Permits. Materials Safety Administration, U.S. Chief, General Approvals and Permits.

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

New Special Permits

15429–N ...... Demex International Inc. Pica- 49 CFR 176.144(e)...... To authorize the ransportation in com- yune, MS. merce of certain explosives by vessel in an alternative stowage configuration. (mode 3). 15440–N ...... Mountain Air Helicopters, Inc. 49 CFR 172.101, Column (9B), To authorize the transportation in com- Los Lunas, NM. 172.204(c)(3), 173.27(b)(2), merce of certain hazardous materials by 175.30(a)(1). cargo aircraft including by external load in remote areas of the US without being subject to hazard communication require- ments and quantity limitations where no other means of transportation is avail- able. (mode 4).

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58083

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

15443–N ...... Iliamna Air Guides, DBA Soloy 49 CFR 172.101 Column (9B), To authorize the transportation in com- Helicopters, LLC Wasilla, AK. 172.204(c)(3), 173.27(b)(2), merce of certain Class 1 hazardous ma- 175.30(a)(1), 172.200, terials by cargo aircraft including by ex- 172.300 and 172.400. ternal load in remote areas of the US without being subject to hazard commu- nication requirements and quantity limita- tions where no other means of transpor- tation is available. (mode 3). 15446–N ...... Arkema, Inc. King of Prussia, 49 CFR 172.427 ...... To authorize the transportation in com- PA. merce of organic peroxides in packaging with labeling allowed prior to changes promulgated under HM–2151. (mode 1). 15451–N ...... NK CO., LTD Gangseo-Gu, 49 CFR 180.209(a) and (b) ...... To authorize the transportation in com- Busan. merce of certain DOT 3AA, 3AAX and 3T cylinders in Multiple Element Gas Containers that have been retested every ten (10) years instead of every five (5) years by acoustic emission and ultra- sonic examination (AE/UE) in place of the internal visual inspection and the hy- drostatic retest required by § 180.205 (modes 1, 2, 3). 15452–N ...... BE Aerospace Lenexa, KS ...... 49 CFR 173.302(f) (2)(i) ...... To authorize the transportation in com- merce of certain DOT Specification 39 cylinders containing oxygen that have their pressure relief devices set to an al- ternative burst at pressure range. (modes 4, 5). 15453–N ...... HRD Aero Systems Inc. Valen- 49 CFR 173.302a and 173.304a To authorize the transportation in com- cia, CA. merce of certain cylinders manufactured under DOT–SP 7971 which contain bromochlorodi-fluoromethane and nitro- gen. (modes 1, 2, 3, 4, 5). 15454–N ...... Hoke, Inc. Spartanburg, SC ...... 49 CFR 178.39 ...... To authorize the re-manufacturing of spe- cific DOT Specification 3BN cylinders by reducing the volume from 4500 cc to 3000 cc. (mode 1)

[FR Doc. 2011–23819 Filed 9–16–11; 8:45 am] DATES: Written comments should be Abstract: Form BL–2 is part of the BILLING CODE 4909–60–M received on or before November 18, Treasury International Capital (TIC) 2011 to be assured of consideration. reporting system, which is required by ADDRESSES: Direct all written comments law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. to Dwight Wolkow, International 10033; 31 CFR 128) and is designed to DEPARTMENT OF THE TREASURY Portfolio Investment Data Systems, collect timely information on Department of the Treasury, Room 5422, international portfolio capital Proposed Collections; Comment 1500 Pennsylvania Avenue, NW., movements. Form BL–2 is a monthly Requests Washington DC 20220. In view of report filed by banks, other depository institutions, brokers and dealers that AGENCY: Departmental Offices; possible delays in mail delivery, please covers their U.S. customers’ dollar Department of the Treasury. also notify Mr. Wolkow by e-mail ([email protected]), Fax liabilities vis-a` -vis foreign residents. ACTION: Notice and request for (202–622–2009) or telephone (202–622– This information is necessary for comments. 1276). compiling the U.S. balance of payments accounts and the U.S. international FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the investment position, and for formulating Copies of the proposed forms and Treasury, as part of its continuing effort U.S. international financial and instructions are available on the to reduce paperwork burdens, invites monetary policies. Treasury’s TIC Forms webpage, http:// the general public and other Federal Current Actions: None. agencies to comment on revisions of an www.treasury.gov/resource-center/data- Type of Review: Extension of a information collection that are proposed chart-center/tic/Pages/forms.aspx. currently approved collection. for approval by the Office of Requests for additional information Affected Public: Business or other for- Management and Budget. The Office of should be directed to Mr. Wolkow. profit organizations. International Affairs within the SUPPLEMENTARY INFORMATION: Form BL–2 (1505–0018). Department of the Treasury is soliciting Titles: Treasury International Capital Estimated Number of Respondents: comments concerning Treasury Form BL–2, Report by Depository 80. International Capital (TIC) Form BL–2, Institutions, Brokers and Dealers of Estimated Average Time per Report by Depository Institutions, Customers’ U.S. Dollar Liabilities to Respondent: eight and three/tenths (8.3) Brokers and Dealers of Customers’ U.S. Foreigners. hours per respondent per filing. This Dollar Liabilities to Foreigners. OMB Control Number: 1505–0018. average time varies from 12 hours for

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58084 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

the approximately 30 major data Title: Financial Institution Agreement Washington, DC 20220. In view of reporters to 6 hours for the other and Application Forms for Designation possible delays in mail delivery, please reporters. as a Treasury Tax and Loan Depositary also notify Mr. Wolkow by e-mail Estimated Total Annual Burden and Resolution. ([email protected]), FAX Hours: 7,920 hours, based on twelve Forms: FMS Forms 458 and 459. (202–622–2009) or telephone (202–622– reporting periods per year. Abstract: Financial institutions are 1276). Request for Comments: Comments required to complete an agreement and FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will application to participate in the Federal Copies of the proposed forms and be summarized and/or included in the Tax Deposit/Treasury Tax and Loan instructions are available on the request for Office of Management and Program. The approved application Treasury’s TIC Forms Web page, Budget approval. All comments will designates the depositary as an http://www.treasury.gov/resource- become a matter of public record. The authorized recipient of taxpayers’ center/data-chart-center/tic/Pages/ public is invited to submit written deposits for Federal taxes. forms.aspx. Requests for additional comments concerning: (a) Whether Affected Public: Private Sector: information should be directed to Mr. Form BL–2 is necessary for the proper Businesses or other for-profits. Wolkow. performance of the functions of the Estimated Total Burden Hours: 225. SUPPLEMENTARY INFORMATION: Office, including whether the Bureau Clearance Officer: Wesley Titles: Treasury International Capital information will have practical uses; Powe, Financial Management Service, Form BQ–2, Part 1: Report of Foreign (b) the accuracy of the above estimate of 3700 East West Highway, Room 144, Currency Liabilities to, and Claims on, the burdens; (c) ways to enhance the Hyattsville, MD 20782; (202) 874–8936. Foreigners of Depository Institutions, quality, usefulness and clarity of the OMB Reviewer: Shagufta Ahmed, Brokers and Dealers, and Their information to be collected; (d) ways to Office of Management and Budget, New Domestic Customers’ Foreign Currency minimize the reporting and/or record Executive Office Building, Room 10235, Claims on Foreigners; Part 2: Report of keeping burdens on respondents, Washington, DC 20503; (202) 395–7873. Their Domestic Customers’ Foreign including the use of information Dawn D. Wolfgang, Currency Liabilities to Foreigners. technologies to automate the collection Treasury PRA Clearance Officer. OMB Control Number: 1505–0020. of the data; and (e) estimates of capital Abstract: Form BQ–2 is part of the or start-up costs of operation, [FR Doc. 2011–23905 Filed 9–16–11; 8:45 am] BILLING CODE 4810–35–P Treasury International Capital (TIC) maintenance and purchase of services to reporting system, which is required by provide information. law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. Dwight Wolkow, DEPARTMENT OF THE TREASURY 10033; 31 CFR part 128) and is designed Administrator, International Portfolio to collect timely information on Investment Data Systems. Proposed Collections; Comment international portfolio capital [FR Doc. 2011–23878 Filed 9–16–11; 8:45 am] Requests movements. Form BQ–2 is a quarterly report that covers the liabilities to, and BILLING CODE 4810–25–P AGENCY: Departmental Offices; claims on, foreigners of banks, other Department of the Treasury. depository institutions, brokers and ACTION: DEPARTMENT OF THE TREASURY Notice and request for dealers, and their domestic customers’ comments. claims and liabilities with foreigners, Submission for OMB Review; SUMMARY: The Department of the where all claims and liabilities are Comment Request Treasury, as part of its continuing effort denominated in foreign currencies. This information is necessary for compiling September 13, 2011. to reduce paperwork burdens, invites the general public and other Federal the U.S. balance of payments accounts The Department of the Treasury will and the U.S. international investment submit the following public information agencies to comment on revisions of an information collection that are proposed position, and for formulating U.S. collection requirement to OMB for international financial and monetary review and clearance under the for approval by the Office of Management and Budget. The Office of policies. Paperwork Reduction Act of 1995, Current Actions: None. Public Law 104–13 on or after the date International Affairs within the Department of the Treasury is soliciting Type of Review: Extension of a of publication of this notice. A copy of currently approved collection. the submission may be obtained by comments concerning Treasury International Capital Form BQ–2, Part 1: Affected Public: Business or other for- calling the Treasury Bureau Clearance profit organizations. Officer listed. Comments regarding Report of Foreign Currency Liabilities these information collections should be to, and Claims on, Foreigners of Form BQ–2 (1505–0020) addressed to the OMB reviewer listed Depository Institutions, Brokers and Estimated Number of Respondents: and to the Treasury PRA Clearance Dealers, and Their Domestic Customers’ 149. Officer, Department of the Treasury, Foreign Currency Claims on Foreigners; Estimated Average Time per 1750 Pennsylvania Avenue, NW., Suite Part 2: Report of Their Domestic Respondent: Six and six/tenths (6.6) 11010, Washington, DC 20220. Customers’ Foreign Currency Liabilities hours per respondent per filing. This to Foreigners. DATES: Written comments should be average time varies from 11 hours for received on or before October 19, 2011 DATES: Written comments should be the approximately 30 major reporters to to be assured of consideration. received on or before November 18, 5.5 hours for the other reporters. 2011 to be assured of consideration. Estimated Total Annual Burden Financial Management Service (FMS) ADDRESSES: Direct all written comments Hours: 3,940 hours, based on four OMB Number: 1510–0052. to Dwight Wolkow, International reporting periods per year. Type of Review: Extension without Portfolio Investment Data Systems, Request for Comments: Comments change of a currently approved Department of the Treasury, Room 5422, submitted in response to this notice will collection. 1500 Pennsylvania Avenue, NW., be summarized and/or included in the

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58085

request for Office of Management and ([email protected]), fax Estimated Average Time per Budget approval. All comments will (202–622–2009) or telephone (202–622– Respondent: Seven and one/tenth (7.1) become a matter of public record. The 1276). hours per respondent per filing. This public is invited to submit written FOR FURTHER INFORMATION CONTACT: average time varies from 13 hours for comments concerning: (a) Whether Copies of the proposed forms and the approximately 30 major data Form BQ–2 is necessary for the proper instructions are available on the reporters to 6.5 hours for the other performance of the functions of the Treasury’s TIC Forms Web page, reporters. Office, including whether the http://www.treasury.gov/resource- Estimated Total Annual Burden information will have practical uses; center/data-chart-center/tic/Pages/ Hours: 29,485 hours, based on 12 (b) the accuracy of the above estimate of forms.aspx. Requests for additional reporting periods per year. the burdens; (c) ways to enhance the information should be directed to Request for Comments: Comments quality, usefulness and clarity of the Mr. Wolkow. information to be collected; (d) ways to submitted in response to this notice will SUPPLEMENTARY INFORMATION: be summarized and/or included in the minimize the reporting and/or Titles: Treasury International Capital recordkeeping burdens on respondents, request for Office of Management and Form BC, Report of U.S. Dollar Claims Budget approval. All comments will including the use of information of Depository Institutions, Brokers, and technologies to automate the collection become a matter of public record. The Dealers on Foreigners; and Treasury public is invited to submit written of the data; and (e) estimates of capital Capital Form BL–1, Report of U.S. or start-up costs of operation, comments concerning: (a) Whether Dollar Liabilities of Depository Forms BC and BL–1 are necessary for maintenance and purchase of services to Institutions, Brokers, and Dealers to provide information. the proper performance of the functions Foreigners. of the Office, including whether the Dwight Wolkow, OMB Control Numbers: 1505–0017 information will have practical uses; Administrator, International Portfolio and 1505–0019. (b) the accuracy of the above estimate of Investment Data Systems. Abstracts: Forms BC and BL–1 are the burdens; (c) ways to enhance the [FR Doc. 2011–23882 Filed 9–16–11; 8:45 am] part of the Treasury International quality, usefulness and clarity of the Capital (TIC) reporting system, which is BILLING CODE 4810–25–P information to be collected; (d) ways to required by law (22 U.S.C. 286f; 22 minimize the reporting and/or U.S.C. 3103; E.O. 10033; 31 CFR 128) for recordkeeping burdens on respondents, DEPARTMENT OF THE TREASURY the purpose of providing timely including the use of information information on international portfolio technologies to automate the collection Proposed Collections; Comment capital movements. Form BC is a Requests of the data; and (e) estimates of capital monthly report that covers own U.S. or start-up costs of operation, dollar claims of banks, other depository AGENCY: Departmental Offices; maintenance and purchase of services to institutions, brokers and dealers vis-a`- Department of the Treasury. provide information. vis foreign residents. Form BL–1 is a ACTION: Notice and request for monthly report that covers own U.S. Dwight Wolkow, comments. dollar liabilities of banks, other Administrator, International Portfolio depository institutions, brokers and SUMMARY: The Department of the Investment Data Systems. ` Treasury, as part of its continuing effort dealers vis-a-vis foreign residents. This [FR Doc. 2011–23873 Filed 9–16–11; 8:45 am] information is necessary for compiling to reduce paperwork burdens, invites BILLING CODE 4810–25–P the general public and other Federal the U.S. balance of payments accounts agencies to comment on revisions of two and the U.S. international investment information collections that are position, and for formulating U.S. DEPARTMENT OF THE TREASURY proposed for approval by the Office of international financial and monetary Management and Budget. The Office of policies. Submission for OMB Review; International Affairs within the Current Actions: None. Comment Request Department of the Treasury is soliciting Type of Review: Extension of a September 13, 2011. comments concerning Treasury currently approved collection. International Capital (TIC) Form BC, Affected Public: Business or other for- The Department of the Treasury will Report of U.S. Dollar Claims of profit organizations. submit the following public information Depository Institutions, Brokers, and Form BC (1505–0017) collection requirement to OMB for Dealers on Foreigners; and Treasury review and clearance under the Estimated Number of Respondents: International Capital (TIC) Form BL–1, Paperwork Reduction Act of 1995, 302. Report of U.S. Dollar Liabilities of Public Law 104–13 on or after the date Estimated Average Time per Depository Institutions, Brokers, and of publication of this notice. A copy of Respondent: Nine and nine/tenths (9.9) Dealers to Foreigners. the submission may be obtained by hours per respondent per filing. This DATES: Written comments should be calling the Treasury Bureau Clearance average time varies from 18 hours for Officer listed. Comments regarding this received on or before November 18, the approximately 30 major data 2011 to be assured of consideration. information collection should be reporters to 9 hours for the other addressed to the OMB reviewer listed ADDRESSES: Direct all written comments reporters. and to the Treasury PRA Clearance to Dwight Wolkow, International Estimated Total Annual Burden Officer, Department of the Treasury, Portfolio Investment Data Systems, Hours: 35,860 hours, based on 12 1750 Pennsylvania Avenue, NW., Suite Department of the Treasury, Room 5422, reporting periods per year. 11010, Washington, DC 20220. 1500 Pennsylvania Avenue, NW., Washington, DC 20220. In view of Form BL–1 (1505–0019) DATES: Written comments should be possible delays in mail delivery, please Estimated Number of Respondents: received on or before October 19, 2011 also notify Mr. Wolkow by e-mail 348. to be assured of consideration.

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 58086 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices

Alcohol and Tobacco Tax and Trade Department of the Treasury, Room 5422, Office, including whether the Bureau (TTB) 1500 Pennsylvania Avenue, NW., information will have practical uses; OMB Number: 1513–0021. Washington DC 20220. In view of (b) the accuracy of the above estimate of Type of Review: Extension without possible delays in mail delivery, please the burdens; (c) ways to enhance the change of a currently approved also notify Mr. Wolkow by e-mail quality, usefulness and clarity of the collection. ([email protected]), fax information to be collected; (d) ways to Title: Formula and Process for Non (202–622–2009) or telephone (202–622– minimize the reporting and/or record Beverage Product. 1276). keeping burdens on respondents, Form: TTB F 5154.1. FOR FURTHER INFORMATION CONTACT: including the use of information Abstract: Businesses using taxpaid Copies of the proposed forms and technologies to automate the collection distilled spirits to manufacture non instructions are available on the of the data; and (e) estimates of capital beverage products may receive Treasury’s TIC Forms Web page, or start-up costs of operation, drawback (i.e., a refund or remittance) http://www.treasury.gov/resource- maintenance and purchase of services to of tax, if they can show that the spirits center/data-chart-center/tic/Pages/ provide information. were used in the manufacture of forms.aspx. Requests for additional Dwight Wolkow, information should be directed to Mr. products unfit for beverage use. This Administrator, International Portfolio showing is based on the formula for the Wolkow. Investment Data Systems. product, which is submitted on TTB SUPPLEMENTARY INFORMATION: [FR Doc. 2011–23879 Filed 9–16–11; 8:45 am] Form 5154.1. Titles: Treasury International Capital BILLING CODE 4810–25–P Respondents: Private Sector: Form BQ–3, Report of Maturities of Businesses or other for-profits. Selected Liabilities of Depository Estimated Total Burden Hours: 2,444. Institutions, Brokers and Dealers to DEPARTMENT OF THE TREASURY Clearance Officer: Gerald Isenberg, Foreigners. Alcohol and Tobacco Tax and Trade OMB Control Number: 1505–0189. Proposed Collections; Comment Bureau, Room 200 East, 1310 G Street, Abstract: Form BQ–3 is part of the Requests NW., Washington, DC 20005; (202) 453– Treasury International Capital (TIC) 2165. reporting system, which is required by AGENCY: Departmental Offices; OMB Reviewer: Shagufta Ahmed, law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. Department of the Treasury. Office of Management and Budget, New 10033; 31 CFR 128) and is designed to ACTION: Notice and request for Executive Office Building, Room 10235, collect timely information on comments. Washington, DC 20503; (202) 395–7873. international portfolio capital Dawn D. Wolfgang, movements. Form BQ–3 is a quarterly SUMMARY: The Department of the Treasury PRA Clearance Officer. report designed to capture, by Treasury, as part of its continuing effort to reduce paperwork burdens, invites [FR Doc. 2011–23904 Filed 9–16–11; 8:45 am] instrument and on an aggregate basis, remaining maturities of all U.S. dollar the general public and other Federal BILLING CODE 4810–31–P and foreign currency liabilities agencies to comment on revisions of an (excluding securities) of U.S. resident information collection that are proposed DEPARTMENT OF THE TREASURY banks, other depository institutions, for approval by the Office of brokers and dealers to foreign residents. Management and Budget. The Office of Proposed Collections; Comment This information is necessary for International Affairs within the Requests meeting international data reporting Department of the Treasury is soliciting standards and for formulating U.S. comments concerning Treasury AGENCY: Departmental Offices; international financial and monetary International Capital Forms CQ–1 and Department of the Treasury. policies. CQ–2, Financial and Commercial ACTION: Notice and request for Current Actions: None. Liabilities to, and Claims on, comments. Type of Review: Extension of a Unaffiliated Foreigners. currently approved collection. SUMMARY: DATES: Written comments should be The Department of the Affected Public: Business or other for- Treasury, as part of its continuing effort received on or before November 18, profit organizations. Form BQ–3 (1505– 2011 to be assured of consideration. to reduce paperwork burdens, invites 0189) . the general public and other Federal Estimated Number of Respondents: ADDRESS: Direct all written comments to agencies to comment on revisions of an 117. Dwight Wolkow, International Portfolio information collection that are proposed Estimated Average Time per Investment Data Systems, Department of for approval by the Office of Respondent: Four (4) hours per the Treasury, Room 5422, 1500 Management and Budget. The Office of respondent per filing. Pennsylvania Avenue, NW., International Affairs within the Estimated Total Annual Burden Washington, DC 20220. In view of Department of the Treasury is soliciting Hours: 1,870 hours, based on 4 reporting possible delays in mail delivery, please comments concerning Treasury periods per year. also notify Mr. Wolkow by e-mail International Capital (TIC) Form BQ–3, Request for Comments: Comments ([email protected]), fax Report of Maturities of Selected submitted in response to this notice will (202–622–2009) or telephone (202–622– Liabilities of Depository Institutions, be summarized and/or included in the 1276). Brokers and Dealers to Foreigners. request for Office of Management and FOR FURTHER INFORMATION CONTACT: DATES: Written comments should be Budget approval. All comments will Copies of the proposed forms and received on or before November 18, become a matter of public record. The instructions are available on the 2011 to be assured of consideration. public is invited to submit written Treasury’s TIC Web page for forms, ADDRESSES: Direct all written comments comments concerning: (a) Whether http://www.treasury.gov/resource- to Dwight Wolkow, International Form BQ–3 is necessary for the proper center/data-chart-center/tic/Pages/ Portfolio Investment Data Systems, performance of the functions of the forms.aspx. Requests for additional

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices 58087

information should be directed to Mr. technologies to automate the collection OMB Control Number: 1505–0016. Wolkow. of the data; and (e) estimates of capital Abstract: Form BQ–1 is part of the SUPPLEMENTARY INFORMATION: or start-up costs of operation, Treasury International Capital (TIC) Title: Treasury International Capital maintenance and purchase of services to reporting system, which is required by Form CQ–1, Financial Liabilities to, and provide information. law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. Claims on, Unaffiliated Foreigners; and Dwight Wolkow, 10033; 31 CFR 128) and is designed to collect timely information on Treasury International Capital Form Administrator, International Portfolio CQ–2, Commercial Liabilities to, and Investment Data Systems. international portfolio capital movements. This quarterly report filed Claims on, Unaffiliated Foreigners. [FR Doc. 2011–23880 Filed 9–16–11; 8:45 am] OMB Number: 1505–0024. by depository institutions, brokers and Abstract: Forms CQ–1 and CQ–2 are BILLING CODE 4810–25–P dealers covers their U.S.-resident part of the Treasury International customers’ dollar claims on foreign Capital (TIC) reporting system, which is DEPARTMENT OF THE TREASURY residents. This information is necessary required by law (22 U.S.C. 286f; 22 for compiling the U.S. balance of U.S.C. 3103; E.O. 10033; 31 CFR 128), Proposed Collection; Comment payments accounts and the U.S. and is designed to collect timely Request international investment position, and information on international portfolio for formulating U.S. international capital movements. Forms CQ–1 and AGENCY: Departmental Offices; financial and monetary policies. CQ–2 are quarterly reports filed by Department of the Treasury. Current Actions: None. nonbanking and non-securities broker ACTION: Notice and request for Type of Review: Extension of a and dealer enterprises in the U.S. to comments. currently approved collection. report their international portfolio Affected Public: Business or other for- transactions with unaffiliated foreigners. SUMMARY: The Department of the Treasury, as part of its continuing effort profit organizations. This information is necessary for Form BQ–1 (1505–0016). compiling the U.S. balance of payments to reduce paperwork burdens, invites Estimated Number of Respondents: accounts and the U.S. international the general public and other Federal 77. investment position, and for use in agencies to comment on revisions of an formulating U.S. international financial information collection that are proposed Estimated Average Time per and monetary policies. for approval by the Office of Respondent: Three and one/tenth (3.1) Current Actions: None. Management and Budget. The Office of hours per respondent per filing. This Type of Review: Extension of a International Affairs within the average time varies from 4.5 hours for currently approved collection. Department of the Treasury is soliciting the approximately 30 major data Affected Public: Business or other for- comments concerning Treasury reporters to 2.3 hours for the other profit organizations. International Capital Form BQ–1, Report reporters. by Depository Institutions, Brokers and Estimated Total Annual Burden Forms CQ–1 and CQ–2 (1505–0024) Dealers of Their Domestic Customers’ Hours: 965 hours, based on four Estimated Number of Respondents: U.S. Dollar Claims on Foreigners. reporting periods per year. 204. DATES: Written comments should be Request for Comments: Comments Estimated Average Time per received on or before November 18, submitted in response to this notice will Respondent: Six and nine/tenths (6.9) 2011 to be assured of consideration. be summarized and/or included in the hours per respondent per filing. This ADDRESSES: Direct all written comments request for Office of Management and average time varies from 13 hours for to Dwight Wolkow, International Budget approval. All comments will the approximately 12 major data Portfolio Investment Data Systems, become a matter of public record. The reporters to 6.5 hours for the other Department of the Treasury, Room 5422, public is invited to submit written reporters. 1500 Pennsylvania Avenue, NW., comments concerning: (a) Whether Estimated Total Annual Burden Form BQ–1 is necessary for the proper Hours: 5,615 hours, based on 4 reporting Washington, DC 20220. In view of possible delays in mail delivery, please performance of the functions of the periods per year. Office, including whether the Request for Comments: Comments also notify Mr. Wolkow by e-mail ([email protected]), fax information will have practical uses; submitted in response to this notice will (b) the accuracy of the above estimate of be summarized and/or included in the (202–622–2009) or telephone (202–622– 1276). the burdens; (c) ways to enhance the request for Office of Management and quality, usefulness and clarity of the FOR FURTHER INFORMATION CONTACT: Budget approval. All comments will information to be collected; (d) ways to Copies of the proposed forms and become a matter of public record. The minimize the reporting and/or record instructions are available on the public is invited to submit written keeping burdens on respondents, Treasury’s TIC Forms Web page, comments concerning: (a) Whether including the use of information http://www.treasury.gov/resource- Forms CQ–1 and CQ–2 are necessary for technologies to automate the collection center/data-chart-center/tic/Pages/ the proper performance of the functions of the data; and (e) estimates of capital forms.aspx. Requests for additional of the Office, including whether the or start-up costs of operation, information should be directed to information will have practical uses; maintenance and purchase of services to Mr. Wolkow. (b) the accuracy of the above estimate of provide information. the burdens; (c) ways to enhance the SUPPLEMENTARY INFORMATION: quality, usefulness and clarity of the Title: Treasury International Capital Dwight Wolkow, information to be collected; (d) ways to Form BQ–1. Report by Depository Administrator, International Portfolio minimize the reporting and/or Institutions, Brokers and Dealers of Investment Data Systems. recordkeeping burdens on respondents, Customers’ U.S. Dollar Claims on [FR Doc. 2011–23883 Filed 9–16–11; 8:45 am] including the use of information Foreigners. BILLING CODE 4810–25–P

VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00141 Fmt 4703 Sfmt 9990 E:\FR\FM\19SEN1.SGM 19SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES i

Reader Aids Federal Register Vol. 76, No. 181 Monday, September 19, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 10 CFR Executive orders and proclamations 741–6000 30...... 56951 Proclamations: The United States Government Manual 741–6000 36...... 56951 8700...... 54919 39...... 56951 Other Services 8701...... 54921 40...... 56951 Electronic and on-line services (voice) 741–6020 8702...... 55207 51...... 56951 Privacy Act Compilation 741–6064 8703...... 55209 70...... 56951 Public Laws Update Service (numbers, dates, etc.) 741–6043 8704...... 55211 150...... 56951 TTY for the deaf-and-hard-of-hearing 741–6086 8705...... 55549 429...... 57897 8706...... 55551 430 ...... 57516, 57612, 57897 ELECTRONIC RESEARCH 8707...... 55779 8708...... 56939 Proposed Rules: Ch. I ...... 54986 World Wide Web 8709...... 56941 2...... 54392 Full text of the daily Federal Register, CFR and other publications 8710...... 56943 30...... 57006 is located at: www.fdsys.gov. 8711...... 57617 31...... 56124 Federal Register information and research tools, including Public Executive Orders: 150...... 57007 Inspection List, indexes, and links to GPO Access are located at: 13584...... 56945 429...... 56661 www.ofr.gov. Administrative Orders: 430 ...... 55609, 56125, 56126, E-mail Notices: 56339, 56347, 56661, 56678 Notice of September 9, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 431 ...... 55834, 56126, 57007 2011 ...... 56633 an open e-mail service that provides subscribers with a digital 810...... 55278 Memorandums: form of the Federal Register Table of Contents. The digital form 12 CFR of the Federal Register Table of Contents includes HTML and Memo. of September PDF links to the full text of each document. 12, 2011 ...... 57621 48...... 56094 Presidential Determinations: 207...... 56508 To join or leave, go to http://listserv.access.gpo.gov and select No. 2011–15 of 215...... 56508 Online mailing list archives, FEDREGTOC-L, Join or leave the list September 13, 223...... 56508 (or change settings); then follow the instructions. 2011 ...... 57623 228...... 56508 PENS (Public Law Electronic Notification Service) is an e-mail 238...... 56508 service that notifies subscribers of recently enacted laws. 5 CFR 239...... 56508 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 843...... 55213 261...... 56508 and select Join or leave the list (or change settings); then follow Proposed Rules: 261b...... 56508 the instructions. 2635...... 56330 262...... 56508 263...... 56508 FEDREGTOC-L and PENS are mailing lists only. We cannot 7 CFR 264a...... 56508 respond to specific inquiries. 1450...... 56949 Ch. VI...... 54638 Reference questions. Send questions and comments about the 1735...... 56091 Proposed Rules: Federal Register system to: [email protected] 225...... 55288 Proposed Rules: 241...... 54717 The Federal Register staff cannot interpret specific documents or 505...... 57681 704...... 54991 regulations. 983...... 57001 Reminders. Effective January 1, 2009, the Reminders, including 1033...... 55608 14 CFR 1493...... 57940 Rules Going Into Effect and Comments Due Next Week, no longer 17...... 55217 appear in the Reader Aids section of the Federal Register. This 3201...... 56884 23...... 55230 information can be found online at http://www.regulations.gov. 8 CFR 25 ...... 54923, 57625, 57627 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 33...... 55553, 56097 longer appears in the Federal Register. This information can be 103...... 55502 39 ...... 54373, 54926, 55781, found online at http://bookstore.gpo.gov/. 214...... 55502 55783, 55785, 56277, 56279, 274a...... 55502 56284, 56286, 56290, 56637, 299...... 55502 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 57630, 57900 Proposed Rules: 71 ...... 54689, 54690, 55232, 54373–54688...... 1 204...... 54978 55553, 55554, 55555, 56099, 54689–54920...... 2 205...... 54978 56966, 56967, 56968, 57633, 54921–55208...... 6 245...... 54978 57634, 57902 55209–55552...... 7 91...... 57635 9 CFR 55553–55778...... 8 97 ...... 55233, 55235, 56969, 55779–56090...... 9 77...... 56635 56971 56091–56276...... 12 88...... 55213 119...... 57635 56277–56634...... 13 Proposed Rules: 125...... 57635 56635–56944...... 14 71...... 57682 133...... 57635 56945–57624...... 15 77...... 57682 137...... 57635 57625–57896...... 16 78...... 57682 141...... 57635 57897–58088...... 19 90...... 57682 142...... 57635

VerDate Mar 15 2010 18:20 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\19SECU.LOC 19SECU sroberts on DSK5SPTVN1PROD with RULES ii Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Reader Aids

145...... 57635 524...... 57012 56644, 56648, 57657 141...... 55847 147...... 57635 281...... 57659 142...... 55847 Proposed Rules: 29 CFR 300 ...... 56294, 57661, 57662 143...... 55847 23...... 55293 4022...... 56973 302...... 55583 144...... 55847 39 ...... 54397, 54399, 54403, 4044...... 56973 600...... 57106 381...... 57941 54405, 55296, 55614, 56680 Proposed Rules: 704...... 54932 382...... 57941 71 ...... 55298, 56127, 56354, 710...... 54932 570...... 54836 47 CFR 56356 579...... 54836 711...... 54932 252...... 57008 1602...... 57013 1033...... 57106 0...... 56657 1036...... 57106 1...... 55817 15 CFR 30 CFR 1037...... 57106 15...... 56657 738...... 54928 Proposed Rules: 1039...... 57106 25...... 57923 740...... 54928, 56099 250...... 56683 1065...... 57106 54...... 56295 742...... 56099 1202...... 55837, 55838 1066...... 57106 73 ...... 55585, 55817, 56658 745...... 54928 1206...... 55837, 55838 1068...... 57106 76...... 55817 748...... 54928 Proposed Rules: 79...... 55585, 56658 774...... 56099 31 CFR 52 ...... 54410, 54993, 55325, 90...... 54977 300...... 56984 922...... 56973 240...... 57907 55621, 55842, 56130, 56132, Proposed Rules: 16 CFR Proposed Rules: 56134, 56694, 56701, 56706, 1...... 54422 2...... 54690 1...... 55839 57013, 57691, 57696, 57846, Proposed Rules: 57872 63...... 56362 81...... 54412 Ch. II ...... 57682 32 CFR 48 CFR 199 ...... 57637, 57642, 57643 98...... 56010 17 CFR 180...... 55329 203...... 57671 256...... 57644 209...... 57674 5...... 56103 311...... 57644 260...... 55846 49...... 54538 261...... 55846 216...... 57674, 57677 Proposed Rules: 200...... 57636 271...... 56708 252...... 57671, 57674 199...... 57690 239...... 55788 300 ...... 56362, 57701, 57702 Proposed Rules: 240...... 54374 33 CFR 721...... 55622 1...... 55849 249...... 55788 745...... 56136 2...... 55849 269...... 55788 100 ...... 55556, 55558, 55561, 4...... 55849 271...... 55237 57645 41 CFR 12...... 55849 274...... 55788 117...... 55563 14...... 55849 165 ...... 54375, 54377, 54380, 300-3...... 55273 Proposed Rules: 15...... 55849 54382, 54703, 55261, 55564, 301-2...... 55273 Ch. II ...... 56128 19...... 55849 55566, 55796, 56638, 56640, 301-10...... 55273 270...... 55300, 55308 22...... 55849 57910 301-11...... 55273 301-52...... 55273 26...... 55849 19 CFR 36 CFR 301-70...... 55273 52...... 55849 102...... 54691 301-71...... 55273 53...... 55849 242...... 56109 351...... 54697 Proposed Rules: 1852...... 57014 Proposed Rules: 128-1...... 55332 20 CFR 7...... 55840 49 CFR 404...... 56107 37...... 57924 37 CFR 42 CFR 416...... 56107 414...... 54953 38...... 57924 Proposed Rules: 422...... 54700 417...... 54600 105...... 56304 Proposed Rules: 2...... 55841 106...... 56304 7...... 55841 422...... 54600 404...... 56357 423...... 54600 107...... 56304 416...... 56357 130...... 56304 38 CFR 455...... 57808 171...... 56304 Proposed Rules: 21 CFR 17...... 55570 172...... 56304 5...... 54996 522...... 57905, 57906 51...... 55570 173...... 56304 493...... 56712 556...... 57906, 57907 174...... 56304 39 CFR Proposed Rules: 44 CFR 176...... 56304 50...... 54408 20...... 55799 177...... 56304 64...... 54708, 56117 56...... 54408 111...... 54931 213...... 55819 73...... 55321 Proposed Rules: Proposed Rules: 393...... 56318 352...... 56682 3055...... 55619 67 ...... 54415, 54721, 56724 523...... 57106 1140...... 55835 45 CFR 534...... 57106 1308...... 55616 40 CFR 535...... 57106 52 ...... 54384, 54706, 55542, 154...... 54969 571...... 55825, 55829 25 CFR 55544, 55572, 55577, 55581, Proposed Rules: Proposed Rules: Proposed Rules: 55774, 55776, 55799, 56114, 46...... 54408 10...... 55334 Ch. III...... 54408, 57683 56116, 56641, 57106 160...... 54408 Ch. II ...... 55622 63...... 57913 164...... 54408, 56712 269...... 55335 26 CFR 85...... 57106 Ch. III ...... 54721 46 CFR 1 ...... 55255, 55256, 55746, 86...... 54932, 57106 571...... 55859 56973 116...... 55583 160...... 56294 633...... 56363 301...... 55256 124...... 56982 Proposed Rules: 602...... 55746 132...... 57646 2...... 55847 50 CFR Proposed Rules: 144...... 56982 8...... 54419 17...... 54711 1 ...... 54409, 55321, 55322, 145...... 56982 15...... 55847 20...... 54658, 54676 57684 146...... 56982 136...... 55847 32...... 56054 147...... 56982 137...... 55847 100...... 56109 28 CFR 174...... 57653 138...... 55847 622...... 56659 Proposed Rules: 180 ...... 55264, 55268, 55272, 139...... 55847 635...... 56120 16...... 57940 55799, 55804, 55807, 55814, 140...... 55847 648 ...... 54385, 56322, 56985

VerDate Mar 15 2010 18:20 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\19SECU.LOC 19SECU sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Reader Aids iii

660...... 54713, 56327 Proposed Rules: 622...... 54727 660 ...... 54888, 55344, 55865, 665...... 54715 17 ...... 54423, 55170, 55623, 635...... 57709 57945 679 ...... 54716, 55276, 55606, 55638, 56381, 57943 640...... 54727 679...... 55343 57679 300...... 55343 648...... 57944

VerDate Mar 15 2010 18:20 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\19SECU.LOC 19SECU sroberts on DSK5SPTVN1PROD with RULES iv Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Reader Aids

Register but may be ordered H.R. 2715/P.L. 112–28 enacted public laws. To in ‘‘slip law’’ (individual To provide the Consumer subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the Product Safety Commission listserv.gsa.gov/archives/ Superintendent of Documents, with greater authority and publaws-l.html This is a continuing list of U.S. Government Printing discretion in enforcing the public bills from the current Office, Washington, DC 20402 consumer product safety laws, session of Congress which (phone, 202–512–1808). The and for other purposes. (Aug. Note: This service is strictly have become Federal laws. It text will also be made 12, 2011; 125 Stat. 273) for E-mail notification of new may be used in conjunction available on the Internet from Last List September 5, 2011 laws. The text of laws is not with ‘‘P L U S’’ (Public Laws GPO’s Federal Digital System available through this service. Update Service) on 202–741– (FDsys) at http://www.gpo.gov/ PENS cannot respond to 6043. This list is also fdsys. Some laws may not yet Public Laws Electronic specific inquiries sent to this available online at http:// be available. Notification Service address. www.archives.gov/federal- (PENS) register/laws. H.R. 2553/P.L. 112–27 Airport and Airway Extension The text of laws is not Act of 2011, Part IV (Aug. 5, PENS is a free electronic mail published in the Federal 2011; 125 Stat. 270) notification service of newly

VerDate Mar 15 2010 18:20 Sep 16, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\19SECU.LOC 19SECU sroberts on DSK5SPTVN1PROD with RULES