Vol. 77 Friday, No. 160 August 17, 2012

Pages 49701–49990

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 77, No. 160

Friday, August 17, 2012

Agriculture Department National Committee on Foreign Medical Education and See Forest Service Accreditation, 49788–49789 NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals: RULES USDA Registration Form to Request Electronic Access Energy Conservation Program for Consumer Products and Code, 49774–49775 Certain Commercial and Industrial Equipment: Full-Fuel-Cycle Analyses, 49701–49702 Blind or Severely Disabled, Committee for Purchase From PROPOSED RULES People Who Are Energy Conservation Standards for Residential See Committee for Purchase From People Who Are Blind or Dehumidifiers: Severely Disabled Public Meeting and Availability of the Framework Document, 49739–49740 Centers for Disease Control and Prevention NOTICES NOTICES Presidential Permits: Agency Information Collection Activities; Proposals, Energia Sierra Juarez U.S. Transmission, LLC, for Energia Submissions, and Approvals, 49796–49799 Sierra Juarez U.S. Transmission Line Project, 49789– 49792 Centers for Medicare & Medicaid Services NOTICES Environmental Protection Agency Medicare and Medicaid Programs: RULES Quarterly Listing of Program Issuances, April through Pesticide Tolerances: June 2012, 49799–49817 Cyprodinil, 49732–49738 NOTICES Children and Families Administration Environmental Impact Statements; Weekly Receipt, 49792 NOTICES FIFRA Pesticide Registration Review and ESA Consultation Agency Information Collection Activities; Proposals, Processes: Submissions, and Approvals, 49817–49818 Stakeholder Input, 49792–49793 Pesticide Applications Filed for Emergency Exemptions: Coast Guard Ortho-Phthalaldehyde, 49793–49794 RULES Settlements under Comprehensive Environmental Safety Zones: Response, Compensation, and Liability Act: Antique Boat Show, Niagara River, Grand Island, NY., Hamburg Mill Creek Superfund Site, Berks County, PA, 49730–49732 49795

Commerce Department Federal Aviation Administration See Economic Analysis Bureau RULES See International Trade Administration Airworthiness Directives: See National Oceanic and Atmospheric Administration Airbus Airplanes, 49705–49708 See Patent and Trademark Office Embraer S.A. Airplanes, 49702–49705 Eurocopter Deutschland GmbH Helicopters, 49705 Committee for Purchase From People Who Are Blind or Sikorsky Aircraft Corporation Helicopters, 49710–49712 Severely Disabled The Boeing Company Airplanes, 49708–49710 NOTICES Amendments of Class D Airspace: Procurement List; Additions and Deletions, 49783–49784 Sault Ste Marie, ON, 49719–49720 Amendments to Class B Airspace: Defense Department Salt Lake City, UT, 49712–49719 See Navy Department Establishments of Class E Airspace: Chenega Bay, AK, 49720–49721 Department of Transportation PROPOSED RULES See Pipeline and Hazardous Materials Safety Repair Stations; Comment Period Extension, 49740–49741 Administration NOTICES Meetings: Economic Analysis Bureau RTCA Special Committee 216, Aeronautical Systems RULES Security (Joint Meeting with EUROCAE WG–72), International Services Surveys and Direct Investment 49851–49852 Surveys Reporting, 49721–49722 Passenger Facility Charge Approvals and Disapprovals, 49852–49854 Education Department NOTICES Federal Bureau of Investigation Meetings: NOTICES National Advisory Committee on Institutional Quality Agency Information Collection Activities; Proposals, and Integrity, 49786–49788 Submissions, and Approvals, 49830–49831

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Federal Communications Commission Big Horn County Resource Advisory Committee, 49779 PROPOSED RULES Dixie Resource Advisory Committee, 49777–49778 Procedures for Assessment and Collection of Regulatory El Dorado County Resource Advisory Committee, 49776– Fees; Fiscal Year 2008, 49749–49773 49777 Fishlake Resource Advisory Committee, 49777 Federal Deposit Insurance Corporation Gallatin County Resource Advisory Committee, 49778 NOTICES Pennington County Resource Advisory Committee, Meetings; Sunshine Act, 49795 49778–49779 Southern Montans Resource Advisory Committee, 49780 Federal Railroad Administration Southern New Mexico Resource Advisory Committee, NOTICES 49776 Environmental Impact Statements; Availability, etc.: Oregon Portion of Pacific Northwest Rail Corridor, Health and Human Services Department Portland to Eugene, 49854–49856 Salinas to San Luis Obispo Portion of Coast Corridor; See Centers for Disease Control and Prevention Monterey and San Luis Obispo Counties, CA, 49856– See Centers for Medicare & Medicaid Services 49857 See Children and Families Administration See Food and Drug Administration Federal Reserve System See National Institutes of Health NOTICES Changes in Bank Control: Homeland Security Department Acquisitions of Shares of a Bank or Bank Holding See Coast Guard Company, 49795 See U.S. Citizenship and Immigration Services Formations of, Acquisitions by, and Mergers of Bank See U.S. Immigration and Customs Enforcement Holding Companies, 49795–49796 NOTICES Exercise of Authority under Immigration and Nationality Federal Transit Administration Act, 49821–49822 NOTICES Alternatives Analysis of Tacoma Link Expansion; Tacoma, Housing and Urban Development Department WA, 49857–49859 NOTICES Federal Properties Suitable as Facilities to Assist Homeless, Fish and Wildlife Service 49823–49824 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Determination of Status for the Gierisch Mallow and Interior Department Designation of Critical Habitat, 49894–49919 See Fish and Wildlife Service Migratory Bird Hunting: See Land Management Bureau Frameworks for Late Season Hunting, 49868–49891 See Surface Mining Reclamation and Enforcement Office NOTICES Environmental Assessments; Availability, etc.: International Trade Administration TransCanada Keystone Pipeline’s Gulf Coast Project in NOTICES Oklahoma; Habitat Conservation Plan, 49824–49825 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Food and Drug Administration Brass Sheet and Strip from Italy, 49780–49781 NOTICES Terminations of Panel Reviews, 49781 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Judicial Conference of the United States Bar Code Label Requirement for Human Drug and NOTICES Biological Products, 49818–49819 Hearings: Pretesting of Tobacco Communications, 49819–49820 Judicial Conference Advisory Committees on Rules of Foreign Assets Control Office Appellate, Bankruptcy, and Criminal Procedure and NOTICES Federal Rules of Evidence, 49828 Blocking of Individuals and Entities: Government of Syria, 49864–49865 Justice Department See Federal Bureau of Investigation Forest Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Boundaries; Technical Corrections: Submissions, and Approvals: McKenzie Wild and Scenic River, Lower and Upper National Corrections Reporting Program, 49828–49830 Portions, Willamette National Forest, Lane County, Lodgings of Proposed Amendments to Consent Decrees OR, 49775 under Clean Air Act, 49830 Environmental Impact Statements; Availability, etc.: Beaverhead Deerlodge National Forest, Wisdom and Wise Labor Department River Ranger Districts, MT; North and West Big Hole See Occupational Safety and Health Administration Allotment Management Plans, 49775–49776 NOTICES Meetings: Agency Information Collection Activities; Proposals, Amador County Resource Advisory Committee, 49779– Submissions, and Approvals: 49780 Green Technologies and Practices Survey, 49831–49832

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Land Management Bureau Pipeline and Hazardous Materials Safety Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Applications for Modifications of Special Permits, 49860– Lost Creek Uranium In Situ Recovery Project, Sweetwater 49861 County, WY, 49825–49826 Applications for Special Permits, 49861–49862 Filings of Plats: Colorado, 49826 Postal Service Meetings: NOTICES Idaho Falls District Resource Advisory Council Meeting, Transfers to Competitive Product List: 49826–49827 Outbound Single-Piece First-Class Mail International Packages and Rolls to Competitive Product List, National Highway Traffic Safety Administration 49837 NOTICES Securities and Exchange Commission Traffic Records Program Assessment Advisory, 49859– NOTICES 49860 Applications: IndexIQ Advisors LLC and IndexIQ Active ETF Trust, National Institutes of Health 49839–49846 NOTICES Meetings; Sunshine Act, 49846 Meetings: Plan for Reporting of Consolidated Options Last Sale National Center for Advancing Translational Sciences, Reports and Quotation Information: 49820–49821 Options Price Reporting Authority; Amendment, 49837– National Institute of Biomedical Imaging and 49839 Bioengineering, 49821 Self-Regulatory Organizations; Proposed Rule Changes: National Institute of Dental and Craniofacial Research, Chicago Board Options Exchange, Inc., 49846–49848 49820 National Stock Exchange, Inc., 49848–49849 National Oceanic and Atmospheric Administration Social Security Administration NOTICES NOTICES Meetings: Privacy Act; Systems of Records: North Pacific Fishery Management Council, 49781–49782 Computer Matching Program, Office of Child Support Public Hearings: Enforcement, 49849–49851 Mid-Atlantic Fishery Management Council, 49782 Takes of Marine Mammals Incidental to Specified State Department Activities: NOTICES Marine Seismic Survey in Beaufort and Chukchi Seas, Meetings: AK, 49922–49961 Advisory Committee on Private International Law; Study Group on International Arbitration and Conciliation, National Science Foundation 49851 NOTICES Surface Mining Reclamation and Enforcement Office Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49832–49833 NOTICES Agency Information Collection Activities; Proposals, Navy Department Submissions, and Approvals, 49827–49828 NOTICES Surface Transportation Board Environmental Impact Statements; Availability, etc.: NOTICES Naval Air Weapons Station China Lake Public Land Acquisition and Operation Exemptions: Withdrawal, California; Meetings, 49784–49786 Santa Cruz and Monterey Bay Railway Co.; Union Pacific Railroad Co., 49862 Nuclear Regulatory Commission Assignment of Lease Exemptions: NOTICES Santa Cruz and Monterey Bay Railway Co.; Union Pacific Agency Information Collection Activities; Proposals, Railroad Co. and Sierra Northern Railway, 49862– Submissions, and Approvals, 49833–49835 49863 Orders Prohibiting Involvement in NRC-Licensed Activities: Change in Operator Exemptions: Joseph Quintanilla, 49835–49837 Pacific Imperial Railroad, Inc.; Rail Line of San Diego and Arizona Eastern Railway Co., 49863 Occupational Safety and Health Administration Continuance in Control Exemptions: RULES Iowa Pacific Holdings, LLC and Permian Basin Railways; Cranes and Derricks in Construction; Demolition and Santa Cruz and Monterey Bay Railway Co., 49863– Underground Construction, 49722–49730 49864 PROPOSED RULES Cranes and Derricks in Construction; Demolition and Transportation Department Underground Construction, 49741–49749 See Federal Aviation Administration See Federal Railroad Administration Patent and Trademark Office See Federal Transit Administration NOTICES See National Highway Traffic Safety Administration Humanitarian Awards Pilot Program; Application Deadline See Pipeline and Hazardous Materials Safety Extension, 49782–49783 Administration

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See Surface Transportation Board RULES Organization and Delegation of Powers and Duties, 49964– Separate Parts In This Issue 49990 Part II Treasury Department Interior Department, Fish and Wildlife Service, 49868– See Foreign Assets Control Office 49891 NOTICES List of Countries Requiring Cooperation with an Part III International Boycott, 49864 Interior Department, Fish and Wildlife Service, 49894– 49919 U.S. Citizenship and Immigration Services NOTICES Part IV Agency Information Collection Activities; Proposals, Commerce Department, National Oceanic and Atmospheric Submissions, and Approvals: Administration, 49922–49961 Application for Removal, Form I–243, 49822–49823 Part V U.S. Immigration and Customs Enforcement Transportation Department, 49964–49990 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49823 Reader Aids Veterans Affairs Department Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Environmental Impact Statements; Availability, etc.: and notice of recently enacted public laws. San Francisco Veterans Affairs Medical Center Long To subscribe to the Federal Register Table of Contents Range Development Plan, 49865 LISTSERV electronic mailing list, go to http:// Meetings: listserv.access.gpo.gov and select Online mailing list Geriatrics and Gerontology Advisory Committee, 49865– archives, FEDREGTOC-L, Join or leave the list (or change 49866 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

10 CFR 430...... 49701 431...... 49701 Proposed Rules: 429...... 49739 430...... 49739 14 CFR 39 (5 documents) ...... 49702, 49705, 49708, 49710 71 (3 documents) ...... 49712, 49719, 49720 Proposed Rules: 43...... 49740 91...... 49740 145...... 49740 15 CFR 801...... 49721 29 CFR 1926...... 49722 Proposed Rules: 1926...... 49741 33 CFR 165...... 49730 40 CFR 180...... 49732 47 CFR Proposed Rules: 1...... 49749 49 CFR 1...... 49964 50 CFR Proposed Rules: 17...... 49894 20...... 49868

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Rules and Regulations Federal Register Vol. 77, No. 160

Friday, August 17, 2012

This section of the FEDERAL REGISTER policy amendment in the first notice of I. Introduction and Discussion contains regulatory documents having general proposed rulemaking (NOPR) to utilize On August 18, 2011, the U.S. applicability and legal effect, most of which the NEMS-based approach for the FFC. are keyed to and codified in the Code of Department of Energy (DOE) published Federal Regulations, which is published under DATES: August 17, 2012. a policy statement announcing its intention to use full-fuel-cycle (FFC) 50 titles pursuant to 44 U.S.C. 1510. ADDRESSES: Interested persons are measures of energy use and greenhouse The Code of Federal Regulations is sold by encouraged to submit comments using gas and other emissions in the national the Superintendent of Documents. Prices of the Federal eRulemaking Portal at impact analyses and environmental new books are listed in the first FEDERAL http://www.regulations.gov. Follow the assessments included in future energy REGISTER issue of each week. instructions for submitting comments. conservation standards rulemakings. (76 Alternatively, interested persons may FR 51281) While DOE stated in that submit comments, identified by docket notice that it intended to use the DEPARTMENT OF ENERGY number EERE–2011–BT–NOA–0028, by Greenhouse Gases, Regulated Emissions, any of the following methods: 10 CFR Parts 430 and 431 and Energy Use in Transportation • Email: To FFC-2010-NOA-0028- (GREET) model to conduct the analysis, [Docket Number EERE–2010–BT–NOA– ee.doe.gov. Include EERE–2011–BT– the Department also said that it would, 0028] NOA–0028 in the subject line of the from time to time, review alternative message. approaches to estimating these factors, RIN 1904–AC24 • Mail: Ms. Brenda Edwards, U.S. including use of the National Energy Energy Conservation Program for Department of Energy, Building Modeling System (NEMS) developed by Consumer Products and Certain Technologies Program, Mailstop EE–2J, DOE’s Energy Information Commercial and Industrial Equipment: Notice of Policy Amendment to Full Administration (EIA). (76 FR 51287) As Notice of Policy Amendment Fuel Cycle Analyses, EERE–2011–BT– indicated in the FFC policy statement Regarding Full-Fuel-Cycle Analyses NOA–0028, 1000 Independence Avenue notice, NEMS would continue to be SW., Washington, DC 20585– 0121. utilized by DOE to estimate primary (or AGENCY: Office of Energy Efficiency and Phone: (202) 586–2945. If possible, site) energy consumption for national Renewable Energy, Department of please submit all items on a CD. It is not impact analyses and environmental Energy. necessary to include printed copies. assessments, while GREET would be ACTION: Notice of policy amendment. Hand Delivery/Courier: Ms. Brenda used to develop the energy and Edwards, U.S. Department of Energy, emission multipliers necessary to SUMMARY: On August 18, 2011, the U.S. Building Technologies Program, 6th convert the NEMS-based primary energy Department of Energy (DOE) announced Floor, 950 L’Enfant Plaza SW., and emission impacts into FFC values. its intention to use full-fuel-cycle (FFC) Washington, DC 20024. Phone: (202) Because of concerns about the potential measures of energy use and greenhouse 586–2945. If possible, please submit all effects of certain inconsistencies in the gas and other emissions in the national items on a CD. It is not necessary to underlying assumptions and forecasts impact analyses and environmental include printed copies. Instructions: All used by GREET and NEMS, subsequent assessments included in future energy submissions received must include the to publication of the policy statement, conservation standards rulemakings. agency name and docket number or RIN DOE initiated a further review to While DOE stated in that notice that it for this rulemaking. determine whether NEMS (rather than intended to use the Greenhouse Gases, Docket: For access to the docket to GREET) might be used to develop the Regulated Emissions, and Energy Use in read background documents, or necessary FFC multipliers. Transportation (GREET) model to During this review process, DOE comments received, go to the Federal conduct the analyses, the Department examined a new methodology to eRulemaking Portal at http:// also said that it would review develop FFC multipliers using the data www.regulations.gov. alternative methods, including the use and projections generated by NEMS and of the National Energy Modeling System FOR FURTHER INFORMATION CONTACT: published in EIA’s Annual Energy (NEMS) developed by DOE’s Energy Mr. Jeremy Dommu, U.S. Department of Outlook (AEO). While the AEO does not Information Administration (EIA). After Energy, Office of Energy Efficiency provide direct calculations of FFC evaluating both NEMS and GREET, DOE and Renewable Energy, Building metrics, it does provide extensive has determined that NEMS is ultimately Technologies Program, EE–2J, 1000 information about the energy system, a more appropriate tool to calculate FFC Independence Avenue SW., including projections of future oil, measures of energy use and greenhouse Washington, DC 20585–0121. natural gas and coal supply, energy use gas and other emissions. Therefore, DOE Telephone: (202) 586–9870. Email: for oil and gas field and refinery intends to use the NEMS model, rather [email protected]. operations, and fuel consumption and than the GREET model, as the basis for emissions related to electric power deriving the energy and emission Ms. Ami Grace-Tardy, U.S. Department production. This information is used to multipliers used to conduct FFC of Energy, Office of the General define a set of parameters representing analyses in support of future energy Counsel, GC–71, 1000 Independence the amount of energy used in the fuel conservation standards rulemakings. Avenue SW., Washington, DC 20585– production chain. For example, the The public is free to send in comments 0121. Telephone: (202) 586–5709. petroleum fuel production chain on this policy amendment at any time. Email: [email protected]. consists of extraction, separation, DOE will address comments on this SUPPLEMENTARY INFORMATION: refining and distribution of final

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products to the end user. Each of these more information on how to submit a Issued in Washington, DC, on August 9, process steps consumes energy in the comment. 2012. form of diesel or fuel oil, natural gas, or Kathleen B. Hogan, grid electricity. The data are used to III. Procedural Issues and Regulatory Deputy Assistant Secretary for Energy estimate an intensity parameter for each Review Efficiency, Energy Efficiency and Renewable fuel type, which is equal to the total A. Review Under the National Energy. amount of that fuel needed to produce Environmental Policy Act 1969 [FR Doc. 2012–20122 Filed 8–16–12; 8:45 am] one unit of the final product. The FFC BILLING CODE 6450–01–P energy and emissions factors are defined DOE has determined that this policy as a function of these parameters, using amendment falls into a class of actions a formula that is described in detail in: that are categorically excluded from DEPARTMENT OF TRANSPORTATION ‘‘A Mathematical Analysis of Full Fuel review under the National Cycle Energy Use’’; [http:// Environmental Policy Act of 1969 (42 Federal Aviation Administration www.sciencedirect.com/science/article/ U.S.C. 4321 et seq.) and DOE’s pii/S0360544211006803] 1 Energy, implementing regulations at 10 CFR part 14 CFR Part 39 Volume 37, Issue 1, January 2012, Pages 1021. Specifically, this policy [Docket No. FAA–2012–0423; Directorate 698–708; amendment describes methods for data Identifier 2011–NM–095–AD; Amendment By using the FFC multipliers derived analysis and how DOE plans to 39–17156; AD 2012–16–09] from NEMS, DOE would be able to incorporate such data analysis into ensure that the assumptions and inputs RIN 2120–AA64 future energy conservation standards. used in FFC analyses are consistent For this reason, and because the policy Airworthiness Directives; Embraer S.A. with the assumptions and inputs used amendment does not establish an energy Airplanes to estimate primary energy savings and conservation standard or take any action emissions impacts. In addition, this AGENCY: Federal Aviation that might have an impact on the approach would make it easier for DOE Administration (FAA), Department of environment, it is covered by the to update the multipliers with each new Transportation (DOT). Categorical Exclusion A9 under 10 CFR edition of the AEO. The GREET model, ACTION: Final rule. in contrast, uses a representation of the part 1021, subpart D. Accordingly, energy production system to develop its neither an environmental assessment SUMMARY: We are superseding two own internal projections, which nor an environmental impact statement existing airworthiness directives (AD) inevitably will differ some from those in is required. for all Embraer S.A. Model ERJ 170 and the AEO. B. Review Under the Information ERJ 190 airplanes. Those ADs currently Based on this assessment, DOE is Quality Bulletin for Peer Review require revising the airplane flight proposing to use this NEMS-based manual (AFM) to introduce limitations approach to estimating the FFC energy In consultation with the Office of for the use of auxiliary power unit and emission impacts of alternative Science and Technology Policy (OSTP), (APU) bleed and to prohibit dispatch energy conservation standards levels in OMB issued on December 16, 2004, its with a failed air management system energy conservation standards ‘‘Final Information Quality Bulletin for (AMS) controller card. This new AD rulemakings that reach the notice of Peer Review’’ (the Bulletin). 70 FR 2664 requires replacing the AMS controller proposed rulemaking (NOPR) stage after (Jan. 14, 2005). The Bulletin establishes processor module with one containing August 17, 2012. Rulemakings that do that certain scientific information shall new software, and a new AFM revision. not reach the NOPR stage before August be peer reviewed by qualified specialists This AD was prompted by reports of the 17, 2012 will continue to use the before it is disseminated by the Federal possible loss of automatic activation of estimates of primary energy and government, including influential the engine inlet ice protection system. emission impacts described in the scientific information related to agency We are issuing this AD to prevent the notices of proposed rulemaking. DOE regulatory actions. The purpose of the possibility of a right-hand (RH) engine has not used the GREET model to compressor stall after the APU becomes estimate FFC energy and emission Bulletin is to enhance the quality and credibility of the government’s scientific the active bleed source for the left side, impacts in any past or current which may result in an engine failure; information. Under the Bulletin, NEMS rulemakings but has started to use the and to prevent the intermittent is ‘‘influential scientific information,’’ NEMS-based approach to estimating communication failure between the which the Bulletin defines as ‘‘scientific these impacts in several energy AMS controller cards and both information that the agency reasonably conservation standards preliminary secondary power distribution analyses. can determine will have or does have a assemblies (SPDAs), which could lead clear and substantial impact on II. Public Participation to the loss of automatic activation of the important public policies or private engine inlet ice protection system when DOE invites all interested parties to sector decisions.’’ 70 FR 2664, 2667 flying in icing conditions, which could submit comments on this issue in (Jan. 14, 2005). The NEMS model, result in ice accretion in the engine inlet writing at any time. In addition, which is in the public domain, has been and subsequent dual engine failure. interested parties will have an reviewed through its development and DATES: This AD becomes effective opportunity to review and comment on applications over the past 18 years. the specific methodologies employed by September 21, 2012. DOE to calculate FFC energy and IV. Approval of the Office of the The Director of the Federal Register emission impacts in NOPRs. See the Assistant Secretary approved the incorporation by reference of certain publications listed in this AD ADDRESSES section of this notice for The Assistant Secretary of DOE’s as of September 21, 2012. Office of Energy Efficiency and 1 Coughlin, Katie (2012). A Mathematical The Director of the Federal Register Analysis of Full Fuel Cycle Energy Use. Energy, Renewable Energy has approved approved the incorporation by reference Volume 37, Issue 1, January 2012, Pages 698–708. publication of this final policy. of a certain publication listed in this AD

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as of September 9, 2010 (75 FR 52238, Explanation of Change Made to the AD promoting safe flight of civil aircraft in August 25, 2010). We have revised this AD to identify air commerce by prescribing regulations ADDRESSES: You may examine the AD the legal name of the manufacturer as for practices, methods, and procedures docket on the Internet at http:// published in the most recent type the Administrator finds necessary for www.regulations.gov or in person at the certificate data sheet for the affected safety in air commerce. This regulation U.S. Department of Transportation, airplane models. is within the scope of that authority because it addresses an unsafe condition Docket Operations, M–30, West Conclusion Building Ground Floor, Room W12–140, that is likely to exist or develop on 1200 New Jersey Avenue SE., We reviewed the available data, products identified in this rulemaking Washington, DC. considered the comment received, and action. determined that air safety and the FOR FURTHER INFORMATION CONTACT: public interest require adopting the AD Regulatory Findings Cindy Ashforth, Aerospace Engineer, with the change described previously— We determined that this AD will not International Branch, ANM–116, and minor editorial changes. We have Transport Airplane Directorate, FAA, have federalism implications under determined that these minor changes: Executive Order 13132. This AD will 1601 Lind Avenue SW., Renton, • Are consistent with the intent that Washington 98057–3356; phone: 425– not have a substantial direct effect on was proposed in the NPRM (77 FR the States, on the relationship between 227–2768; fax: 425–227–1149. 25644, May 1, 2012) for correcting the the national government and the States, unsafe condition; and SUPPLEMENTARY INFORMATION: or on the distribution of power and • Do not add any additional burden responsibilities among the various Discussion upon the public than was already levels of government. We issued a notice of proposed proposed in the NPRM (77 FR 25644, rulemaking (NPRM) to amend 14 CFR May 1, 2012). For the reasons discussed above, I certify that this AD: part 39 to include an AD that would Costs of Compliance apply to the specified products. That 1. Is not a ‘‘significant regulatory NPRM was published in the Federal We estimate that this AD will affect action’’ under Executive Order 12866; Register on May 1, 2012 (77 FR 25644), about 253 products of U.S. registry. The actions that are required by AD 2. Is not a ‘‘significant rule’’ under the and proposed to supersede AD 2010– 2010–07–04, Amendment 39–16248 (75 DOT Regulatory Policies and Procedures 07–04, Amendment 39–16248 (75 FR FR 14333, March 25, 2010); and AD (44 FR 11034, February 26, 1979); 14333, March 25, 2010); and AD 2010– 2010–18–01, Amendment 39–16414 (75 18–01, Amendment 39–16414 (75 FR 3. Will not affect intrastate aviation in FR 52238, August 25, 2010); and that are 52238, August 25, 2010). That NPRM Alaska; and retained in this AD take about 1 work- proposed to correct an unsafe condition 4. Will not have a significant hour per product, at an average labor for the specified products. The MCAI economic impact, positive or negative, rate of $85 per work-hour. Based on states: on a substantial number of small entities these figures, the estimated cost of the This [Ageˆncia Nacional de Aviac¸a˜o Civil under the criteria of the Regulatory currently required actions is $85 per Flexibility Act. (ANAC)] AD results from the possibility of product. loss of automatic activation of the engine We estimate that it will take about 1 We prepared a regulatory evaluation inlet ice protection system when flying in ice work-hour per product to comply with of the estimated costs to comply with condition. Even though the failure is this AD and placed it in the AD docket. announced by the caution messages ‘‘A–I Eng the new basic requirements of this AD. 1 Fail’’ [and] ‘‘A–I Eng 2 Fail’’, if the engines The average labor rate is $85 per work- Examining the AD Docket inlet ice protection system is not manually hour. Required parts will cost about $35 activated, ice may accrete in the engine inlet per product. Where the service You may examine the AD docket on and causes engine to shut down. information lists required parts costs the Internet at http:// Also there is the possibility of right hand that are covered under warranty, we www.regulations.gov; or in person at the (RH) engine compressor to stall after the have assumed that there will be no Docket Operations office between 9 a.m. Auxiliary Power Unit (APU) becomes the charge for these parts. As we do not and 5 p.m., Monday through Friday, active bleed source for the left side, following control warranty coverage for affected left hand (LH) engine failure, under a except Federal holidays. The AD docket condition where both engines are close to parties, some parties may incur costs contains the NPRM (77 FR 25644, May idle, the APU is running, and the APU bleed higher than estimated here. Based on 1, 2012), the regulatory evaluation, any button is pushed in (automatic position). these figures, we estimate the cost of comments received, and other this AD to the U.S. operators to be information. The street address for the The required actions include replacing $30,360, or $120 per product. Docket Operations office (telephone the AMS controller processor module Authority for This Rulemaking (800) 647–5527) is in the ADDRESSES with one containing new software and section. Comments will be available in revising the Limitations section of the Title 49 of the United States Code the AD docket shortly after receipt. AFM. You may obtain further specifies the FAA’s authority to issue information by examining the MCAI in rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 the AD docket. section 106, describes the authority of Air transportation, Aircraft, Aviation Comments the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more safety, Incorporation by reference, We gave the public the opportunity to detail the scope of the Agency’s Safety. participate in developing this AD. We authority. Adoption of the Amendment considered the comment received. The We are issuing this rulemaking under Air Line Pilots Association, the authority described in ‘‘Subtitle VII, Accordingly, under the authority International (ALPA) stated that it fully Part A, Subpart III, Section 44701: delegated to me by the Administrator, supports the NPRM (77 FR 25644, May General requirements.’’ Under that the FAA amends 14 CFR part 39 as 1, 2012). section, Congress charges the FAA with follows:

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PART 39—AIRWORTHINESS controller cards having part number (P/N) as software having design approval holder DIRECTIVES 1001050–1–YYY or 1001050–2–YYY (DAH) design changes that have been containing software version Black Label 08 or approved after the publication of Embraer ■ 1. The authority citation for part 39 lower installed: Within 10 days after April 9, Service Bulletin 170–21–0049, dated continues to read as follows: 2010 (the effective date of AD 2010–07–04), November 29, 2010 (for Model ERJ 170 revise the Limitations section of the AFM to airplanes); Embraer Service Bulletin 190–21– Authority: 49 U.S.C. 106(g), 40113, 44701. include the following statement. This may be 0035, dated November 29, 2010 (for Model done by inserting a copy of this AD in the ERJ 190 airplanes); and Embraer Service § 39.13 [Amended] AFM. Doing the actions required by Bulletin 190LIN–21–0016, dated February 23, ■ 2. The FAA amends § 39.13 by paragraph (i) of this AD terminates the 2011 (for Model ERJ 190–100 ECJ airplanes). removing airworthiness directive AD requirements of this paragraph. (k) New Requirement of This AD: Revise 2010–07–04, Amendment 39–16248 (75 Dispatch with the message ‘RECIRC SMK Limitations Section of AFM DET FAIL’ displayed on the ground is FR 14333, March 25, 2010); and AD After doing the actions required by prohibited unless troubleshooting action 2010–18–01, Amendment 39–16414 (75 paragraph (i) of this AD, before further flight, confirms the message has not been triggered FR 52238, August 25, 2010); and adding revise the Limitations section of the due to a failure of an AMS controller card. the following new AD: applicable AFM by removing the limitation Note 1 to paragraph (g) of this AD: When 2012–16–09 Embraer S.A.: Amendment 39– required by paragraph (g) of this AD and the a statement identical to that in paragraph (g) revision required by paragraph (h) of this AD. 17156. Docket No. FAA–2012–0423; of this AD has been included in the general Directorate Identifier 2011–NM–095–AD. revisions of the AFM, the general revisions (l) Other FAA AD Provisions (a) Effective Date may be inserted into the AFM, and the copy The following provisions also apply to this of this AD may be removed from the AFM. This airworthiness directive (AD) becomes AD: effective September 21, 2012. (1) Alternative Methods of Compliance (h) Retained AFM Revision for All Airplanes (AMOCs): The Manager, International (b) Affected ADs This paragraph restates the requirements of Branch, ANM–116, Transport Airplane This AD supersedes AD 2010–07–04, paragraph (g) of AD 2010–18–01, Directorate, FAA, has the authority to Amendment 39–16248 (75 FR 14333, March Amendment 39–16414 (75 FR 52238, August approve AMOCs for this AD, if requested 25, 2010); and AD 2010–18–01, Amendment 25, 2010). For all airplanes: Within 14 days using the procedures found in 14 CFR 39.19. 39–16414 (75 FR 52238, August 25, 2010). after September 9, 2010 (the effective date of In accordance with 14 CFR 39.19, send your AD 2010–18–01), revise the Limitations request to your principal inspector or local (c) Applicability section of the applicable AFM to include the Flight Standards District Office, as This AD applies to Embraer S.A. Model information in EMBRAER Operational appropriate. If sending information directly ERJ 170–100 LR, –100 STD, –100 SE., and Bulletin 170–001/09, Revision 1, dated to the International Branch, send it to ATTN: –100 SU airplanes; Model ERJ 170–200 LR, February 10, 2010, as specified in the Cindy Ashforth, Aerospace Engineer, –200 SU, and –200 STD airplanes; Model ERJ operational bulletin. This operational International Branch, ANM–116, Transport 190–100 STD, –100 LR, –100 ECJ, and –100 bulletin introduces limitations for the use of Airplane Directorate, FAA, 1601 Lind IGW airplanes; and Model ERJ 190–200 STD, APU bleed. Doing the actions required by Avenue SW., Renton, Washington 98057– –200 LR, and –200 IGW airplanes; paragraph (i) of this AD terminates the 3356; phone: 425–227–2768; fax: 425–227– certificated in any category; all serial requirements of this paragraph. 1149. Information may be emailed to: 9- numbers. Note 2 to paragraph (h) of this AD: This [email protected]. may be done by inserting a copy of Before using any approved AMOC, notify (d) Subject your appropriate principal inspector, or EMBRAER Operational Bulletin 170–001/09, lacking a principal inspector, the manager of Air Transport Association (ATA) of Revision 1, dated February 10, 2010, into the the local flight standards district office/ America Code 21: Air Conditioning. AFM. When this operational bulletin has certificate holding district office. The AMOC been included in general revisions of the (e) Reason approval letter must specifically reference AFM, the general revisions may be inserted This AD was prompted by reports of the this AD. in the AFM, provided the relevant possible loss of automatic activation of the (2) Airworthy Product: For any requirement information in the general revision is engine inlet ice protection system. We are in this AD to obtain corrective actions from identical to that in the operational bulletin, issuing this AD to prevent the possibility of a manufacturer or other source, use these and the operational bulletin can be removed. a right-hand (RH) engine compressor stall actions if they are FAA-approved. Corrective after the auxiliary power unit (APU) becomes (i) New Requirement of This AD: Load actions are considered FAA-approved if they the active bleed source for the left side, Software or Replace AMS Controller Module are approved by the State of Design Authority which may result in an engine failure; and (or their delegated agent). You are required to prevent the intermittent communication Within 3,300 flight hours after the effective to assure the product is airworthy before it failure between the air management system date of this AD: Replace existing Hamilton is returned to service. (AMS) controller cards and both secondary Sundstrand AMS controller processor (m) Related Information power distribution assemblies (SPDAs), modules (slots 18 and 25) P/N 1001050–1– which could lead to the loss of automatic YYY, 1001050–2–YYY, 1001050–3–YYY, or Refer to MCAI Brazilian ADs 2011–05–01 activation of the engine inlet ice protection 1001050–4–YYY, with a new or serviceable and AD 2011–05–02, both dated May 9, 2011, system when flying in icing conditions, AMS controller processor module containing and the service information specified in which could result in ice accretion in the software version Black Label—11, or later paragraphs (m)(1), (m)(2), (m)(3) and (m)(4) of engine inlet and subsequent dual engine approved version of the software, in this AD, for related information. failure. accordance with the Accomplishment (1) EMBRAER Operational Bulletin 170– Instructions of Embraer Service Bulletin 170– 001/09, Revision 1, dated February 10, 2010. (f) Compliance 21–0049, dated November 29, 2010 (for (2) Embraer Service Bulletin 170–21–0049, You are responsible for having the actions Model ERJ 170 airplanes); Embraer Service dated November 29, 2010. required by this AD performed within the Bulletin 190–21–0035, dated November 29, (3) Embraer Service Bulletin 190–21–0035, compliance times specified, unless the 2010 (for Model ERJ 190 airplanes); or dated November 29, 2010. actions have already been done. Embraer Service Bulletin 190LIN–21–0016, (4) Embraer Service Bulletin 190LIN–21– dated February 23, 2011 (for Model ERJ 190– 0016, dated February 23, 2011. (g) Retained Revision for Certain Airplanes 100 ECJ airplanes). This paragraph restates the requirements of (n) Material Incorporated by Reference paragraph (g) of AD 2010–07–04, (j) Definition (1) The Director of the Federal Register Amendment 39–16248 (75 FR 14333, March For the purposes of this AD, ‘‘later- approved the incorporation by reference 25, 2010). For airplanes equipped with AMS approved version of the software,’’ is defined (IBR) of the service information listed in this

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paragraph under 5 U.S.C. 552(a) and 1 CFR AD applies to Eurocopter Deutschland Issued in Fort Worth, Texas, on August 9, part 51. GmbH Model MBB–BK 117 C–2 2012. (2) You must use this service information helicopters. A page reference of the Kim Smith, as applicable to do the actions required by rotorcraft flight manual in the Required Manager, Rotorcraft Directorate, Aircraft this AD, unless the AD specifies otherwise. Certification Service. (3) The following service information was Actions section, paragraph (e)(1)(i), is approved for IBR on September 21, 2012. incorrect. This document corrects that [FR Doc. 2012–20177 Filed 8–16–12; 8:45 am] (i) Embraer Service Bulletin 170–21–0049, error. In all other respects, the original BILLING CODE 4910–13–P dated November 29, 2010. document remains the same. (ii) Embraer Service Bulletin 190–21–0035, DATES: This correction is effective dated November 29, 2010. DEPARTMENT OF TRANSPORTATION August 17, 2012. The effective date for (iii) Embraer Service Bulletin 190LIN–21– 0016, dated February 23, 2011. AD 2012–12–21 remains July 10, 2012. Federal Aviation Administration (4) The following service information was The last date for submitting comments approved for IBR on September 9, 2010 (75 to the final rule; request for comments 14 CFR Part 39 FR 52238, August 25, 2010). remains August 24, 2012. (i) EMBRAER Operational Bulletin 170– [Docket No. FAA–2012–0291; Directorate ADDRESSES: You may examine the AD 001/09, Revision 1, dated February 10, 2010. Identifier 2011–NM–168–AD; Amendment (ii) Reserved. docket on the Internet at http:// 39–17158; AD 2012–16–11] www.regulations.gov; or in person at the (5) For service information identified in RIN 2120–AA64 this AD, contact Embraer S.A., Technical Docket Operations Office between 9 Publications Section (PC 060), Av. Brigadeiro a.m. and 5 p.m., Monday through Airworthiness Directives; Airbus ˜ Faria Lima, 2170—Putim—12227–901 Sao Friday, except Federal holidays. The AD Airplanes Jose dos Campos—SP—BRASIL; telephone docket contains this AD, any +55 12 3927–5852 or +55 12 3309–0732; fax incorporated-by-reference service AGENCY: Federal Aviation +55 12 3927–7546; email information, the economic evaluation, Administration (FAA), Department of [email protected]; Internet http:// any comments received, and other Transportation (DOT). www.flyembraer.com. (6) You may review copies of the service information. The street address for the ACTION: Final rule. information at the FAA, Transport Airplane Docket Operations Office (phone: 800– Directorate, 1601 Lind Avenue SW., Renton, 647–5527) is U.S. Department of SUMMARY: We are adopting a new WA. For information on the availability of Transportation, Docket Operations airworthiness directive (AD) for certain this material at the FAA, call 425–227–1221. Office, M–30, West Building Ground Airbus Model A318–112 and –121 (7) You may also review copies of the Floor, Room W12–140, 1200 New Jersey airplanes; Model A319–111, –112, –115, service information that is incorporated by Avenue SE., Washington, DC 20590. –132, and –133 airplanes; Model A320– reference at the National Archives and 214, –232, and –233 airplanes; and FOR FURTHER INFORMATION CONTACT: Records Administration (NARA). For Model A321–211, –212, –213, and –231 George Schwab, Aviation Safety information on the availability of this airplanes. This AD was prompted by material at an NARA facility, call 202–741– Engineer, FAA, Rotorcraft Directorate, reports that some nuts installed on the 6030, or go to http://www.archives.gov/ Safety Management Group, 2601 wing, including on primary structural federal_register/code_of_federal_regulations/ Meacham Blvd., Fort Worth, TX 76137, _ elements, were found cracked. This AD ibr locations.html. telephone (817) 222–5110, email: requires inspecting to determine if Issued in Renton, Washington, on July 31, [email protected]. 2012. certain nuts are installed or cracked, SUPPLEMENTARY INFORMATION: and replacing the affected nuts if Michael Kaszycki, Airworthiness Directive 2012–12–21, necessary. We are issuing this AD to Acting Manager, Transport Airplane detect and correct missing and cracked Directorate, Aircraft Certification Service. Amendment 39–17101 (77 FR 37777, June 25, 2012), currently includes the nuts, which could result in the [FR Doc. 2012–19396 Filed 8–16–12; 8:45 am] following paragraph (e)(1)(i) in the structural integrity of the airplane wings BILLING CODE 4910–13–P Required Actions section: being impaired. ‘‘(i) ‘‘Emergency and Malfunction DATES: This AD becomes effective DEPARTMENT OF TRANSPORTATION Procedures’’: pages 3–3 and 3–4, and’’ September 21, 2012. As published, the reference to page 3– The Director of the Federal Register Federal Aviation Administration 4 is incorrect. The correct reference is to approved the incorporation by reference page 3–3a. of a certain publication listed in this AD as of September 21, 2012. 14 CFR Part 39 No other part of the preamble or regulatory information has been ADDRESSES: You may examine the AD [Docket No. FAA–2012–0659; Directorate docket on the Internet at http:// Identifier 2011–SW–061–AD; Amendment changed; therefore, only the changed 39–17101; AD 2012–12–21] portion of the final rule is being www.regulations.gov or in person at the published in the Federal Register. U.S. Department of Transportation, RIN 2120–AA64 Docket Operations, M–30, West Correction of Regulatory Text Building Ground Floor, Room W12–140, Airworthiness Directives; Eurocopter § 39.13 [Corrected] 1200 New Jersey Avenue SE., Deutschland GmbH Helicopters Washington, DC. In the Federal Register of June 25, FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation 2012, on page 37779 in the second Administration (FAA), DOT. Sanjay Ralhan, Aerospace Engineer, column, paragraph (e)(1)(i) of AD 2012– International Branch, ANM–116, ACTION: Final rule; request for 12–21 is corrected to read as follows: comments; correction. Transport Airplane Directorate, FAA, * * * * * 1601 Lind Avenue SW., Renton, SUMMARY: The FAA is correcting an (i) ‘‘Emergency and Malfunction Washington 98057–3356; telephone airworthiness directive (AD) that was Procedures’’: pages 3–3 and 3–3a, and (425) 227–1405; fax (425) 227–1149. published in the Federal Register. That * * * * * SUPPLEMENTARY INFORMATION:

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Discussion dated April 6, 2012. Revision 02 determining the number of products We issued a notice of proposed corrects a part number and revises the that may need these actions. title, certain illustrations, and the test rulemaking (NPRM) to amend 14 CFR Authority for This Rulemaking part 39 to include an AD that would job set-up. We also agree, as Revision 02 Title 49 of the United States Code apply to the specified products. That of that service bulletin states, that there specifies the FAA’s authority to issue NPRM was published in the Federal is no additional work required by rules on aviation safety. Subtitle I, Register on March 21, 2012 (77 FR Revision 02 of this service bulletin for section 106, describes the authority of 16492). That NPRM proposed to correct airplanes modified using previous the FAA Administrator. ‘‘Subtitle VII: an unsafe condition for the specified revisions of this bulletin. We have Aviation Programs,’’ describes in more products. The MCAI states: changed paragraphs (g) and (h) of this AD to refer to Airbus Mandatory Service detail the scope of the Agency’s During structural part assembly in Airbus Bulletin A320–57–1153, Revision 02, authority. production line, some [wing] nuts Part We are issuing this rulemaking under Number (P/N) ASNA2531–4 were found including Appendices 01, 02, and 03, dated April 6, 2012, and have changed the authority described in ‘‘Subtitle VII, cracked. Investigations were performed to Part A, Subpart III, Section 44701: determine the batches of the affected nuts paragraph (i) of this AD (‘‘Credit for and had revealed that these nuts have been Previous Actions’’) to include Airbus General requirements.’’ Under that installed in production on the fuel tank area Service Bulletin A320–57–1153, section, Congress charges the FAA with of aeroplanes listed in the applicability Revision 01, including Appendices 01, promoting safe flight of civil aircraft in section of this [European Aviation Safety 02, and 03, dated June 28, 2010. air commerce by prescribing regulations Agency (EASA)] AD. for practices, methods, and procedures Static, fatigue and corrosion tests were Request To Revise ‘‘Costs of the Administrator finds necessary for performed, which demonstrated that no Compliance’’ Section safety in air commerce. This regulation immediate maintenance action is necessary. Airbus requested that we revise the is within the scope of that authority However, a large number of these nuts are because it addresses an unsafe condition fitted on primary structural elements, which ‘‘Costs of Compliance’’ section of the could have long-term consequences. NPRM (77 FR 16492, March 21, 2012) to that is likely to exist or develop on This condition, if not corrected, could correctly state the number of U.S.- products identified in this rulemaking impair the structural integrity of the affected registered airplanes affected by this AD, action. aeroplanes. which it noted as 22 airplanes rather Regulatory Findings For the reasons described above, this than 170 airplanes as stated in the [EASA] AD requires a detailed inspection of NPRM. We determined that this AD will not the affected nuts [for cracking and to We agree that 22 is the correct number have federalism implications under determine if nuts are installed], associated Executive Order 13132. This AD will corrective actions, depending on findings, of U.S.-registered airplanes affected by this AD. We have changed the ‘‘Costs of not have a substantial direct effect on and replacement of the affected P/N the States, on the relationship between ASNA2531–4 nuts with new ones, having the Compliance’’ section of this AD same P/N [and reporting to Airbus the accordingly. the national government and the States, inspection results]. or on the distribution of power and This [EASA] AD has been revised to reduce Conclusion responsibilities among the various the Applicability. Since no spare nuts have We reviewed the available data, levels of government. been delivered to operators for installation on including the comments received, and For the reasons discussed above, I Airbus aeroplanes, only the Models and MSN determined that air safety and the certify that this AD: [manufacturer’s serial numbers] listed in the 1. Is not a ‘‘significant regulatory public interest require adopting the AD Airbus SB are affected by this [EASA] AD. action’’ under Executive Order 12866; with the changes described previously— 2. Is not a ‘‘significant rule’’ under the You may obtain further information by except for minor editorial changes. We DOT Regulatory Policies and Procedures examining the MCAI in the AD docket. have determined that these changes: • (44 FR 11034, February 26, 1979); Comments Are consistent with the intent that 3. Will not affect intrastate aviation in We gave the public the opportunity to was proposed in the NPRM (77 FR Alaska; and participate in developing this AD. We 16492, March 21, 2012) for correcting 4. Will not have a significant considered the comments received. the unsafe condition; and economic impact, positive or negative, • Do not add any additional burden on a substantial number of small entities Request To Reference Latest Service upon the public than was already under the criteria of the Regulatory Information proposed in the NPRM (77 FR 16492, Flexibility Act. Airbus stated that they have issued March 21, 2012). We prepared a regulatory evaluation Revision 02, dated April 6, 2012, of Costs of Compliance of the estimated costs to comply with Mandatory Service Bulletin A320–57– this AD and placed it in the AD docket. 1153, including Appendices 01, 02, and We estimate that this AD will affect 03. Airbus also requested that we revise about 22 products of U.S. registry. We Examining the AD Docket the NPRM (77 FR 16492, March 21, also estimate that it will take up to 15 You may examine the AD docket on 2012) to give credit for Airbus Service work-hours per product to comply with the Internet at http:// Bulletin A320–57–1153, Revision 01, the basic requirements of this AD. The www.regulations.gov; or in person at the including Appendices 01, 02, and 03, average labor rate is $85 per work-hour. Docket Operations office between 9 a.m. dated June 28, 2010 (referenced as the Based on these figures, we estimate the and 5 p.m., Monday through Friday, appropriate source of service cost of this AD to the U.S. operators to except Federal holidays. The AD docket information for the actions in paragraph be $28,050, or $1,275 per product. contains the NPRM (77 FR 16492, (g) of the NPRM). In addition, we estimate that any March 21, 2012), the regulatory We agree with the commenter. We necessary follow-on actions would take evaluation, any comments received, and reviewed Airbus Mandatory Service about 143 work-hours and require parts other information. The street address for Bulletin A320–57–1153, Revision 02, costing $0, for a cost of $12,155 per the Docket Operations office (telephone including Appendices 01, 02, and 03, product. We have no way of (800) 647–5527) is in the ADDRESSES

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section. Comments will be available in ASNA2531–4 are installed or cracked, in approval letter must specifically reference the AD docket shortly after receipt. accordance with the Accomplishment this AD. Instructions of Airbus Mandatory Service (2) Airworthy Product: For any requirement List of Subjects in 14 CFR Part 39 Bulletin A320–57–1153, Revision 02, in this AD to obtain corrective actions from Air transportation, Aircraft, Aviation including Appendices 01, 02, and 03, dated a manufacturer or other source, use these April 6, 2012. Before further flight, replace actions if they are FAA-approved. Corrective safety, Incorporation by reference, any missing or cracked nut with P/N actions are considered FAA-approved if they Safety. ASNA2531–4 with a new P/N ASNA2531–4 are approved by the State of Design Authority Adoption of the Amendment nut, in accordance with the Accomplishment (or their delegated agent). You are required Instructions of Airbus Mandatory Service to assure the product is airworthy before it Accordingly, under the authority Bulletin A320–57–1153, Revision 02, is returned to service. delegated to me by the Administrator, including Appendices 01, 02, and 03, dated (3) Reporting Requirements: A federal the FAA amends 14 CFR part 39 as April 6, 2012. agency may not conduct or sponsor, and a follows: (1) Within 6 years after the first flight of person is not required to respond to, nor the airplane. shall a person be subject to a penalty for PART 39—AIRWORTHINESS (2) Within 6 years after the most recent failure to comply with a collection of DIRECTIVES scheduled fuel tank inspection, or within 6 information subject to the requirements of months after the effective date of this AD, the Paperwork Reduction Act unless that ■ 1. The authority citation for part 39 whichever occurs later. collection of information displays a current continues to read as follows: (h) Inspection Report valid OMB Control Number. The OMB Control Number for this information Authority: 49 U.S.C. 106(g), 40113, 44701. Submit a report of the findings of the collection is 2120–0056. Public reporting for inspection required by paragraph (h) of this this collection of information is estimated to § 39.13 [Amended] AD to Airbus, at the applicable time specified be approximately 5 minutes per response, ■ 2. The FAA amends § 39.13 by adding in paragraph (h)(1) or (h)(2) of this AD. including the time for reviewing instructions, Submit the report using ‘‘Appendix 01— completing and reviewing the collection of the following new AD: Inspection Report,’’ of Airbus Mandatory information. All responses to this collection Service Bulletin A320–57–1153, Revision 02, 2012–16–11 Airbus: Amendment 39–17158. of information are mandatory. Comments dated April 6, 2012. Docket No. FAA–2012–0291; Directorate concerning the accuracy of this burden and (1) If the inspection was done on or after Identifier 2011–NM–168–AD. suggestions for reducing the burden should the effective date of this AD: Submit the be directed to the FAA at: 800 Independence (a) Effective Date report within 90 days after the inspection. Ave. SW., Washington, DC 20591, Attn: This airworthiness directive (AD) becomes (2) If the inspection was done before the Information Collection Clearance Officer, effective September 21, 2012. effective date of this AD: Submit the report AES–200. within 90 days after the effective date of this (b) Affected ADs AD. (k) Related Information None. (i) Credit for Previous Actions Refer to MCAI European Aviation Safety (c) Applicability This paragraph provides credit for the Agency (EASA) Airworthiness Directive This AD applies to Airbus Model A318– actions required by paragraph (g) of this AD, 2011–0121R1, dated July 13, 2011; and 112 and –121 airplanes; Model A319–111, if those actions were performed before the Airbus Mandatory Service Bulletin A320–57– –112, –115, –132, and –133 airplanes; Model effective date of this AD using the service 1153, Revision 02, including Appendices 01, A320–214, –232, and –233 airplanes; and information specified in paragraph (i)(1) or 02, and 03, dated April 6, 2012; for related Model A321–211, –212, –213, and –231 (i)(2) of this AD. information. airplanes; certificated in any category; serial (1) Airbus Service Bulletin A320–57–1153, (l) Material Incorporated by Reference numbers 3359, 3361, 3362, 3365, 3366, 3368, including Appendices 01, 02, and 03, dated (1) The Director of the Federal Register 3370 through 3508 inclusive, 3510 through February 9, 2010. approved the incorporation by reference 3519 inclusive, 3522, 3523, 3525, 3527, 3529, (2) Airbus Service Bulletin A320–57–1153, (IBR) of the following service information 3530, 3533, 3534, 3537, 3539, 3542, 3544, Revision 01, including Appendices 01, 02, under 5 U.S.C. 552(a) and 1 CFR part 51. 3546, 3548, 3552, and 3555. and 03, dated June 28, 2010. (2) You must use the following service (d) Subject (j) Other FAA AD Provisions information to do the actions required by this Air Transport Association (ATA) of The following provisions also apply to this AD, unless the AD specifies otherwise. America Code 57: Wings. AD: (i) Airbus Mandatory Service Bulletin (1) Alternative Methods of Compliance A320–57–1153, Revision 02, including (e) Reason (AMOCs): The Manager, International Appendices 01, 02, and 03, dated April 6, This AD was prompted by reports that Branch, ANM–116, Transport Airplane 2012. some nuts installed on the wing, including Directorate, FAA, has the authority to (ii) Reserved. on primary structural elements, were found approve AMOCs for this AD, if requested (3) For service information identified in cracked. We are issuing this AD to detect and using the procedures found in 14 CFR 39.19. this AD, contact Airbus, Airworthiness correct missing and cracked nuts, which In accordance with 14 CFR 39.19, send your Office—EAS, 1 Rond Point Maurice Bellonte, could result in the structural integrity of the request to your principal inspector or local 31707 Blagnac Cedex, France; telephone +33 airplane wings being impaired. Flight Standards District Office, as 5 61 93 36 96; fax +33 5 61 93 44 51; email: appropriate. If sending information directly [email protected]; Internet (f) Compliance to the International Branch, send it to ATTN: http://www.airbus.com. You are responsible for having the actions Sanjay Ralhan, Aerospace Engineer, (4) You may review copies of the service required by this AD performed within the International Branch, ANM–116, Transport information at the FAA, Transport Airplane compliance times specified, unless the Airplane Directorate, FAA, 1601 Lind Directorate, 1601 Lind Avenue SW., Renton, actions have already been done. Avenue SW., Renton, Washington 98057– Washington. For information on the 3356; telephone (425) 227–1405; fax (425) availability of this material at the FAA, call (g) Inspection/Replacement of Fuel Tank 227–1149. Information may be emailed to: 9- 425–227–1221. Nuts [email protected]. (5) You may also review copies of the Within the compliance times specified in Before using any approved AMOC, notify service information that is incorporated by paragraph (g)(1) or (g)(2) of this AD, your appropriate principal inspector, or reference at the National Archives and whichever occurs later: Do a detailed lacking a principal inspector, the manager of Records Administration (NARA). For inspection of the fuel tank areas of the wings the local flight standards district office/ information on the availability of this to determine if nuts with part number (P/N) certificate holding district office. The AMOC material at an NARA facility, call 202–741–

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6030, or go to http://www.archives.gov/ sailboat fairing if necessary, and Seattle Aircraft Certification Office, federal_register/code_of_federal_regulations/ performing repair if necessary. We are 1601 Lind Avenue SW., Renton, WA _ ibr locations.html. issuing this AD to detect and correct 98057–3356; phone: (425) 917–6577; Issued in Renton, Washington, on August cracking of the midspar fitting, which fax: (425) 917–6590; email: 3, 2012. could result in separation of the nacelle [email protected]. Ali Bahrami, strut and engine from the airplane while SUPPLEMENTARY INFORMATION: Manager, Transport Airplane Directorate, in flight, and consequent loss of Aircraft Certification Service. controllability of the airplane. Discussion [FR Doc. 2012–19815 Filed 8–16–12; 8:45 am] DATES: This AD is effective September We issued a notice of proposed BILLING CODE 4910–13–P 21, 2012. rulemaking (NPRM) to amend 14 CFR The Director of the Federal Register part 39 to include an AD that would approved the incorporation by reference DEPARTMENT OF TRANSPORTATION apply to the specified products. That of certain publications listed in the AD NPRM published in the Federal as of September 21, 2012. Federal Aviation Administration Register on May 30, 2012 (77 FR 31762). ADDRESSES: For service information That NPRM proposed to require 14 CFR Part 39 identified in this AD, contact Boeing performing a detailed inspection of the Commercial Airplanes, Attention: Data midspar fittings of the nacelle strut to [Docket No. FAA–2012–0490; Directorate & Services Management, P.O. Box 3707, confirm that the correct part number is Identifier 2012–NM–066–AD; Amendment MC 2H–65, Seattle, Washington 98124– installed, and installing the correct part 39–17159; AD 2012–16–12] 2207; telephone 206–544–5000, number if necessary; performing RIN 2120–AA64 extension 1; fax 206–766–5680; Internet repetitive HFEC inspections of the https://www.myboeingfleet.com. You midspar fittings of the nacelle strut for Airworthiness Directives; The Boeing may review copies of the referenced cracks, and repair if necessary; and Company Airplanes service information at the FAA, performing repetitive general visual AGENCY: Federal Aviation Transport Airplane Directorate, 1601 inspections of the nacelle struts to verify Administration (FAA), DOT. Lind Avenue SW., Renton, Washington. that the nacelle strut has not drooped For information on the availability of below its normal position, applying the ACTION: Final rule. this material at the FAA, call 425–227– droop stripe to the nacelle strut and SUMMARY: We are adopting a new 1221. sailboat fairing if necessary, and airworthiness directive (AD) for all The Examining the AD Docket performing repair if necessary. Boeing Company Model 707 airplanes, Comments and Model 720 and 720B series You may examine the AD docket on airplanes. This AD was prompted by the Internet at http:// We gave the public the opportunity to reports of cracking of the midspar www.regulations.gov; or in person at the participate in developing this AD. We fittings, and of the engine and nacelle Docket Management Facility between 9 have considered the comments received. strut separating from the airplane. This a.m. and 5 p.m., Monday through Boeing and the National Transportation AD requires performing a detailed Friday, except Federal holidays. The AD Safety Board support the NPRM. docket contains this AD, the regulatory inspection of the midspar fittings of the Conclusion nacelle strut to confirm that the correct evaluation, any comments received, and part number is installed, and installing other information. The address for the We reviewed the relevant data, the correct part number if necessary; Docket Office (phone: 800–647–5527) is considered the comments received, and performing repetitive high frequency Document Management Facility, U.S. determined that air safety and the eddy current (HFEC) inspections of the Department of Transportation, Docket public interest require adopting the AD midspar fittings of the nacelle strut for Operations, M–30, West Building as proposed. Ground Floor, Room W12–140, 1200 cracks, and repair if necessary; and Costs of Compliance performing repetitive general visual New Jersey Avenue SE., Washington, inspections of the nacelle struts to verify DC 20590. We estimate that this AD affects 11 that the nacelle strut has not drooped FOR FURTHER INFORMATION CONTACT: airplanes of U.S. registry. below its normal position, applying the Berhane Alazar, Aerospace Engineer, We estimate the following costs to droop stripe to the nacelle strut and Airframe Branch, ANM–120S, FAA, comply with this AD:

ESTIMATED COSTS

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

Detailed inspection, repetitive HFEC in- 23 work-hours × $85 per hour = $1,955, $0 $1,955, per inspec- $21,505, per in- spections, and repetitive general vis- per inspection. tion. spection. ual inspections of the midspar fittings of the nacelle strut.

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

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ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Install the correct part 130 work-hours × $85 per hour = $11,050 ...... $7,867 × 4 = $31,468 ...... $42,518 number.

Authority for This Rulemaking PART 39—AIRWORTHINESS 707 Alert Service Bulletin A3537, dated January 30, 2012. Title 49 of the United States Code DIRECTIVES specifies the FAA’s authority to issue Note 1 to paragraph (g) of this AD: Boeing ■ 707 Alert Service Bulletin A3537, dated rules on aviation safety. Subtitle I, 1. The authority citation for part 39 continues to read as follows: January 30, 2012, refers to Boeing 707/720 section 106, describes the authority of Service Bulletin 3183, Revision 5, dated the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. September 16, 1993 (which is not incorporated by reference in this AD), as an Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s additional source of guidance for high authority. ■ 2. The FAA amends § 39.13 by adding frequency eddy current (HFEC) inspections We are issuing this rulemaking under the following new airworthiness of the midspar fittings of engine numbers 2 the authority described in Subtitle VII, directive (AD): and 3 nacelle struts for cracks. Part A, Subpart III, Section 44701: 2012–16–12 The Boeing Company: (h) HFEC Inspection ‘‘General requirements.’’ Under that Amendment 39–17159; Docket No. At the applicable times specified in section, Congress charges the FAA with FAA–2012–0490; Directorate Identifier paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 promoting safe flight of civil aircraft in 2012–NM–066–AD. Alert Service Bulletin A3537, dated January air commerce by prescribing regulations (a) Effective Date 30, 2012, except as provided in paragraph (j) for practices, methods, and procedures of this AD: Do an HFEC inspection of the This AD is effective September 21, 2012. the Administrator finds necessary for midspar fittings of engine numbers 2 and 3 safety in air commerce. This regulation (b) Affected ADs nacelle struts for cracks, in accordance with the Accomplishment Instructions of Boeing is within the scope of that authority None. because it addresses an unsafe condition 707 Alert Service Bulletin A3537, dated (c) Applicability January 30, 2012, except as provided by that is likely to exist or develop on This AD applies to all The Boeing paragraph (k) of this AD. If any crack is products identified in this rulemaking found, before further flight, repair using a action. Company Model 707–100 long body, –200, –100B long body, and –100B short body method approved in accordance with the Regulatory Findings series airplanes; Model 707–300, –300B, procedures specified in paragraph (m) of this –300C, and –400 series airplanes; and Model AD. Thereafter, repeat the inspection at the This AD will not have federalism 720 and 720B series airplanes; certificated in applicable intervals specified in paragraph implications under Executive Order any category. 1.E., ‘‘Compliance,’’ of Boeing 707 Alert 13132. This AD will not have a Service Bulletin A3537, dated January 30, substantial direct effect on the States, on (d) Subject 2012. the relationship between the national Joint Aircraft System Component (JASC)/ (i) General Visual Inspection of the Nacelle government and the States, or on the Air Transport Association (ATA) of America Struts of Engine Numbers 1, 2, 3, and 4 Code 54, Nacelles/Pylons. distribution of power and At the applicable times specified in responsibilities among the various (e) Unsafe Condition paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 levels of government. This AD was prompted by reports of Alert Service Bulletin A3537, dated January For the reasons discussed above, I cracking of the midspar fittings and of the 30, 2012, except as provided in paragraph (j) certify that this AD: engine and nacelle strut separating from the of this AD: Do a general visual inspection of (1) Is not a ‘‘significant regulatory airplane. We are issuing this AD to detect the nacelle struts of engine numbers 1, 2, 3, action’’ under Executive Order 12866, and correct cracking of the midspar fitting, and 4 to verify that the nacelle strut has not (2) Is not a ‘‘significant rule’’ under which could result in separation of the drooped below its normal position, in DOT Regulatory Policies and Procedures nacelle strut and engine from the airplane accordance with the Accomplishment (44 FR 11034, February 26, 1979), while in flight, and consequent loss of Instructions of Boeing 707 Alert Service controllability of the airplane. Bulletin A3537, dated January 30, 2012. (3) Will not affect intrastate aviation Thereafter, repeat the inspection at the in Alaska, and (f) Compliance applicable intervals specified in paragraph (4) Will not have a significant Comply with this AD within the 1.E., ‘‘Compliance,’’ of Boeing 707 Alert economic impact, positive or negative, compliance times specified, unless already Service Bulletin A3537, dated January 30, on a substantial number of small entities done. 2012. under the criteria of the Regulatory (1) If any nacelle strut has drooped below Flexibility Act. (g) Detailed Inspection its normal position: Before further flight, Within 120 days after the effective date of repair using a method approved in List of Subjects in 14 CFR Part 39 this AD: Do a detailed inspection of the accordance with the procedures specified in Air transportation, Aircraft, Aviation midspar fittings of engine numbers 2 and 3 paragraph (m) of this AD. safety, Incorporation by reference, nacelle struts to confirm that the correct part (2) If any nacelle strut has not drooped Safety. number is installed, in accordance with the below its normal position, and no droop Accomplishment Instructions of Boeing 707 stripe specified in Boeing 707/720 Service Adoption of the Amendment Alert Service Bulletin A3537, dated January Bulletin 3377, dated November 21, 1979 30, 2012 (which is not incorporated by (which is not incorporated by reference in Accordingly, under the authority reference in this AD). If any incorrect part this AD) has been applied: At the applicable delegated to me by the Administrator, number is found: Before further flight, install times in paragraph 1.E., ‘‘Compliance,’’ of the FAA amends 14 CFR part 39 as the correct part number, in accordance with Boeing 707 Alert Service Bulletin A3537, follows: the Accomplishment Instructions of Boeing dated January 30, 2012, except as provided

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in paragraph (j) of this AD: Apply the droop Avenue SW., Renton, WA 98057–3356; DEPARTMENT OF TRANSPORTATION stripe to the nacelle strut and sailboat fairing, phone: (425) 917–6577; fax: (425) 917–6590; on each side of engine numbers 1, 2, 3, and email: [email protected]. Federal Aviation Administration 4 nacelle struts, in accordance with the (2) For service information identified in Accomplishment Instructions of Boeing 707 this AD, that is not incorporated by reference 14 CFR Part 39 Alert Service Bulletin A3537, dated January in this AD, contact Boeing Commercial 30, 2012. [Docket No. FAA–2010–0517; Directorate Airplanes, Attention: Data & Services Identifier 2009–SW–73–AD; Amendment 39– (j) Exception to the Compliance Times Management, P. O. Box 3707, MC 2H–65, 17137; AD 2012–15–08] Where Boeing 707 Alert Service Bulletin Seattle, Washington 98124–2207; telephone A3537, dated January 30, 2012, specifies a 206–544–5000, extension 1; fax 206–766– RIN 2120–AA64 compliance time based on ‘‘the original issue 5680; Internet https:// date of this service bulletin,’’ this AD www.myboeingfleet.com. You may review Airworthiness Directives; Sikorsky requires compliance within the specified copies of the referenced service information Aircraft Corporation Helicopters compliance time after the effective date of at the FAA, Transport Airplane Directorate, this AD. AGENCY: Federal Aviation 1601 Lind Avenue SW., Renton, Washington. Administration (FAA), DOT. (k) Exception to the Service Information For information on the availability of this ACTION: Final rule. Where Boeing 707 Alert Service Bulletin material at the FAA, call 425–227–1221. A3537, dated January 30, 2012, refers to (o) Material Incorporated by Reference SUMMARY: We are adopting a new ‘‘Manual 707, 720 NDT Part 6, 51–00–00 airworthiness directive (AD) for (1) The Director of the Federal Register Figure 24 as an accepted procedure’’ for the Sikorsky Aircraft Corporation (Sikorsky) HFEC inspection, this AD requires that the approved the incorporation by reference Model S–76A helicopters to require inspection be done in accordance with Figure (IBR) of the service information listed in this 24, Steel Part Surface Inspection (Impedance paragraph under 5 U.S.C. 552(a) and 1 CFR modifying the electric rotor brake (ERB) Plane Display), Subject 51–00–00, Structural- part 51. and inserting changes into the ‘‘Normal General, of Part 6, Eddy Current, of the (2) You must use this service information Procedures’’ and ‘‘Emergency Boeing 707/720 Nondestructive Test Manual, as applicable to do the actions required by Procedures’’ sections of the Rotorcraft Document D6–48023, Revision 120, dated Flight Manual (RFM). This AD was March 15, 2012. this AD, unless the AD specifies otherwise. (i) Boeing 707 Alert Service Bulletin prompted by a fire in the main gearbox (l) Credit for Previous Actions A3537, dated January 30, 2012. area as a result of a hot electric rotor This paragraph provides credit for the (ii) Figure 24, Steel Part Surface Inspection brake (ERB). The actions are intended to installation of the engine droop lines (Impedance Plane Display), Subject 51–00– prevent overheating of the ERB, ignition required by paragraph (i) of this AD, if those 00, Structural—General, of Part 6, Eddy of the ERB hydraulic fluid, a fire in the actions were performed before the effective Current, of the Boeing 707/720 main gearbox area, and subsequent loss date of this AD using Boeing 707/720 Service Nondestructive Test Manual, Document D6– of control of the helicopter. Bulletin 3377, dated November 21, 1979 48023, Revision 120, dated March 15, 2012. DATES: (which is not incorporated by reference in This AD is effective September this AD). The revision level of this document is 21, 2012. identified on only the manual revision The Director of the Federal Register (m) Alternative Methods of Compliance Transmittal Sheet. approved the incorporation by reference (AMOCs) (3) For The Boeing Company service of certain documents listed in this AD (1) The Manager, Seattle Aircraft information identified in this AD, contact as of September 21, 2012. Certification Office (ACO), FAA, has the Boeing Commercial Airplanes, Attention: authority to approve AMOCs for this AD, if ADDRESSES: For service information Data & Services Management, P.O. Box 3707, identified in this AD, contact Sikorsky requested using the procedures found in 14 MC 2H–65, Seattle, Washington 98124–2207; CFR 39.19. In accordance with 14 CFR 39.19, Aircraft Corporation, Attn: Manager, telephone 206–544–5000, extension 1; fax send your request to your principal inspector Commercial Technical Support, or local Flight Standards District Office, as 206–766–5680; Internet https:// mailstop s581a, 6900 Main Street, appropriate. If sending information directly www.myboeingfleet.com. Stratford, CT 06614; telephone (800) to the manager of the ACO, send it to the (4) You may view this service information 562–4409; email attention of the person identified in the at FAA, FAA, Transport Airplane Directorate, [email protected]; or at http:// Related Information section of this AD. 1601 Lind Avenue SW., Renton, Washington. www.sikorsky.com. You may review the Information may be emailed to: 9-ANM- For information on the availability of this referenced service information at the [email protected]. material at the FAA, call 425–227–1221. FAA, Office of the Regional Counsel, (2) Before using any approved AMOC, (5) You may view this service information Southwest Region, 2601 Meacham notify your appropriate principal inspector, that is incorporated by reference at the or lacking a principal inspector, the manager Blvd., Room 663, Fort Worth, Texas National Archives and Records of the local flight standards district office/ 76137. certificate holding district office. Administration (NARA). For information on the availability of this material at NARA, call Examining the AD Docket: You may (3) An AMOC that provides an acceptable examine the AD docket on the Internet level of safety may be used for any repair 202–741–6030, or go to: http:// required by this AD if it is approved by the www.archives.gov/federal-register/cfr/ at http://www.regulations.gov, or in Boeing Commercial Airplanes Organization index.html. person at the Docket Operations Office Designation Authorization (ODA) that has between 9 a.m. and 5 p.m., Monday been authorized by the Manager, Seattle Issued in Renton, Washington, on August through Friday, except Federal holidays. ACO, to make those findings. For a repair 3, 2012. The AD docket contains this AD, any method to be approved, the repair must meet Ali Bahrami, incorporated-by-reference service the certification basis of the airplane, and the Manager, Transport Airplane Directorate, information, the economic evaluation, approval must specifically refer to this AD. Aircraft Certification Service. any comments received, and other (n) Related Information [FR Doc. 2012–19819 Filed 8–16–12; 8:45 am] information. The street address for the (1) For more information about this AD, BILLING CODE 4910–13–P Docket Operations Office (phone: 800– contact Berhane Alazar, Aerospace Engineer, 647–5527) is U.S. Department of Airframe Branch, ANM–120S, FAA, Seattle Transportation, Docket Operations Aircraft Certification Office, 1601 Lind Office, M–30, West Building Ground

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Floor, Room W12–140, 1200 New Jersey July 30, 1981), which specifies installing air commerce by prescribing regulations Avenue SE., Washington, DC 20590. an ERB warning relay kit; for practices, methods, and procedures • FOR FURTHER INFORMATION CONTACT: Customer Service Notice No. 76– the Administrator finds necessary for Caspar Wang, Aviation Safety Engineer, 113, dated June 1, 1983, which specifies safety in air commerce. This regulation Boston Aircraft Certification Office, installing an ERB circuit breaker and is within the scope of that authority Engine & Propeller Directorate, 12 New modification kit; because it addresses an unsafe condition • England Executive Park, Burlington, MA Alert Service Bulletin No. 76–66– that is likely to exist or develop on 01803; telephone (781) 238–7799; email 48B, Revision B, dated July 8, 2009, products identified in this rulemaking [email protected]. which specifies a one-time installation action. of an ERB modification kit containing SUPPLEMENTARY INFORMATION: two other kits and several Regulatory Findings Discussion modifications; and This AD will not have federalism • RFM Supplement No. 41, Part 1, A number of service documents and implications under Executive Order approved September 6, 2005, which ADs have been issued relating to the 13132. This AD will not have a revises the information in the basic RFM ERB on this and similar model substantial direct effect on the States, on normal and emergency procedures helicopters. AD 82–17–03, issued July the relationship between the national sections when the ERB system is 30, 1982 (47 FR 35469, August 16, government and the States, or on the modified. 1982), requires a puck-to-disc distribution of power and inspection of rotor brake, P/N 76363– Comments responsibilities among the various 09101–101, and modification of the ERB levels of government. We gave the public the opportunity to For the reasons discussed above, I system including, among other participate in developing this AD, but modifications, installation of a warning certify that this AD: we did not receive any comments on the (1) Is not a ‘‘significant regulatory relay by following Sikorsky Customer NPRM. Service Bulletin No. 76–66–10B, action’’ under Executive Order 12866; Revision 2, dated November 25, 1981 FAA’s Determination (2) Is not a ‘‘significant rule’’ under (pages 1 and 9 through 13 of the service DOT Regulatory Policies and Procedures We have reviewed the relevant (44 FR 11034, February 26, 1979); bulletin are dated November 25, 1981 information and determined that an and pages 2 through 8 are dated July 30, (3) Will not affect intrastate aviation unsafe condition exists and is likely to in Alaska to the extent that it justifies 1981). AD 2003–04–15, issued February exist or develop on other products of the 14, 2003 (68 FR 8994, February 27, making a regulatory distinction; and same type design and that air safety and (4) Will not have a significant 2003), requires inspecting certain rotor the public interest require adopting the brake discs for cracks that resulted from economic impact, positive or negative, AD requirements as proposed, except on a substantial number of small entities improper heat treating of the disc. for editorial changes. These editorial On October 26, 2011, at 76 FR 66205, under the criteria of the Regulatory changes are consistent with the intent of Flexibility Act. the Federal Register published our the proposals and will not increase the notice of proposed rulemaking (NPRM), We prepared an economic evaluation economic burden on any operator nor of the estimated costs to comply with which proposed to amend 14 CFR part increase the scope of the AD. 39 to include an AD that would apply this AD and placed it in the AD docket. to Sikorsky Model S–76A helicopters Costs of Compliance List of Subjects in 14 CFR Part 39 with a different part-numbered ERB, We estimate that this AD will affect Air transportation, Aircraft, Aviation part number (P/N) 76363–09100–012, 180 helicopters of U.S. Registry. We safety, Incorporation by reference, installed. That NPRM proposed to estimate that operators may incur the Safety. require, within 120 days, modifying the following costs in order to comply with ERB by installing and operationally this AD. It will take about 38 work- Adoption of the Amendment testing the parts contained in an ERB hours per helicopter to perform the Accordingly, under the authority warning relay kit (P/N 76070–55023– modifications and operational tests at an delegated to me by the Administrator, 011), an ERB circuit modification kit average labor rate of $85 per work-hour. the FAA amends 14 CFR part 39 as (P/N 76070–55033–012), and an ERB Required parts will cost $13,300 per follows: modification kit (P/N 76070–55207– helicopter. Based on these figures, we 011). That NPRM was prompted by a estimate the total cost impact of the AD PART 39—AIRWORTHINESS reported incident of a fire occurring in on U.S. operators to be $2,975,400 for DIRECTIVES an ERB installed on a Model S–76A the fleet. helicopter in Brazil. The proposed ■ 1. The authority citation for part 39 Authority for This Rulemaking requirements were intended to prevent continues to read as follows: Title 49 of the United States Code overheating of the ERB assembly, Authority: 49 U.S.C. 106(g), 40113, 44701. ignition of the ERB hydraulic fluid, fire specifies the FAA’s authority to issue in the main gearbox area, and rules on aviation safety. Subtitle I, § 39.13 [Amended] section 106, describes the authority of subsequent loss of control of the ■ 2. The FAA amends § 39.13 by adding the FAA Administrator. Subtitle VII: helicopter. the following new Airworthiness Aviation Programs, describes in more Directive (AD): Related Service Information detail the scope of the Agency’s We have reviewed the following authority. 2012–15–08 Sikorsky Aircraft Corporation documents from Sikorsky: We are issuing this rulemaking under (Sikorsky): Amendment 39–17137; • Customer Service Bulletin No. 76– the authority described in Subtitle VII, Docket No. FAA–2010–0517; Directorate Identifier 2009–SW–73–AD. 66–10B, Revision 2, dated November 25, Part A, Subpart III, Section 44701: 1981 (pages 1 and 9 through 13 of the ‘‘General requirements.’’ Under that (a) Applicability service bulletin are dated November 25, section, Congress charges the FAA with This AD applies to Model S–76A 1981 and pages 2 through 8 are dated promoting safe flight of civil aircraft in helicopters, with an electric rotor brake

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(ERB), part number (P/N) 76363–09100–012, (g) Subject contain aircraft conducting Instrument installed, certificated in any category. Joint Aircraft Service Component (JASC) Flight Rules (IFR) instrument approach (b) Unsafe Condition Code: 6321, Main Rotor Brake. procedures to Salt Lake City This AD defines the unsafe condition as an (h) Material Incorporated by Reference International Airport (SLC), Salt Lake overheated ERB. This condition could result City, UT. The FAA is taking this action (1) The Director of the Federal Register to improve the flow of air traffic, in ignition of hydraulic fluid, fire in the main approved the incorporation by reference gearbox area, and subsequent loss of control (IBR) of the service information listed in this enhance safety, and reduce the potential of the helicopter. paragraph under 5 U.S.C. 552(a) and 1 CFR for midair collision, while (c) Effective Date part 51. accommodating the concerns of airspace (2) You must use this service information users. Further, this effort supports the This AD becomes effective September 21, as applicable to do the actions required by 2012. FAA’s national airspace redesign goal of this AD, unless the AD specifies otherwise. optimizing terminal and en route (d) Compliance (i) Sikorsky Customer Service Bulletin No. airspace to reduce aircraft delays and 76–66–10B, Revision 2, dated November 25, You are responsible for performing each improve system capacity. Minor 1981 (pages 1 and 9 through 13 of the service action required by this AD within the bulletin are dated November 25, 1981 and corrections have been made to the specified compliance time unless it has pages 2 through 8 are dated July 30, 1981); geographic coordinates of the affected already been accomplished prior to that time. (ii) Sikorsky Customer Service Notice No. legal descriptions, as well as editorial (e) Required Actions 76–113, dated June 1, 1983; corrections. (1) Within 120 days, modify the ERB by (iii) Sikorsky Alert Service Bulletin No. 76–66–48B, Revision B, dated July 8, 2009; DATES: Effective Date: 0901 UTC, installing: and October 18, 2012. The Director of the (i) Warning relay system parts contained in (iv) Sikorsky Rotorcraft Flight Manual Federal Register approves this modification kit, P/N 76070–55023–011, and Supplement No. 41, Part 1, approved operationally testing the ERB system in incorporation by reference action under September 6, 2005. accordance with paragraphs 2.A. through 1 CFR part 51, subject to the annual (3) For Sikorsky service information 2.F., of Sikorsky Customer Service Bulletin revision of FAA Order 7400.9 and identified in this AD, contact Sikorsky No. 76–66–10B, Revision 2, dated November publication of conforming amendments. Aircraft Corporation, Attn: Manager, 25, 1981 (pages 1 and 9 through 13 of the Commercial Technical Support, mailstop FOR FURTHER INFORMATION CONTACT: service bulletin are dated November 25, 1981 s581a, 6900 Main Street, Stratford, CT 06614; Colby Abbott, Airspace, Regulations, and pages 2 through 8 are dated July 30, telephone (800) 562–4409; email 1981); and ATC Procedures Group, Office of [email protected]; or at http:// Airspace Services, Federal Aviation (ii) Circuit breaker and diodes contained in www.sikorsky.com. ERB circuit modification kit, P/N 76070– Administration, 800 Independence (4) You may view this service information Avenue SW., Washington, DC 20591; 55033–012, and operationally testing the ERB at the FAA, Office of the Regional Counsel, system in accordance with paragraph B. Southwest Region, 2601 Meacham Blvd., telephone: (202) 267–8783. through F. of Sikorsky Customer Service Room 663, Fort Worth, Texas 76137. SUPPLEMENTARY INFORMATION: Notice 76–113, dated June 1, 1983; and (5) You may also view this service (iii) Manifold, relay box, junction box, information at the National Archives and History right-hand relay panel, and wiring harness Records Administration (NARA). For On August 24, 2011, the FAA parts contained in ERB modification kit, P/ information on the availability of this N 76070–55207–011, and operationally material at NARA, call (202) 741–6030, or go published in the Federal Register a testing the ERB system in accordance with to: http://www.archives.gov/federal_register/ notice of proposed rulemaking (NPRM) paragraphs 3.B. through 3.I. of the code_of_federal_regulations/ to modify the Salt Lake City, UT, Class Accomplishment Instructions of Sikorsky ibr_locations.html. B airspace area (76 FR 52905). Interested Alert Service Bulletin No. 76–66–48B, Issued in Fort Worth, Texas, on July 20, parties were invited to participate in Revision B, dated July 8, 2009. this rulemaking effort by submitting (2) After accomplishing paragraph (e)(1) of 2012. this AD, insert into the Sikorsky Rotorcraft Kim Smith, written comments on the proposal. Eight written comments were received Flight Manual (RFM) the changes to the Manager, Rotorcraft Directorate, Aircraft ‘‘Normal Procedures (Part 1, Section II)’’ and Certification Service. in response to the NPRM. All comments ‘‘Emergency Procedures (Part 1, Section III)’’ received were considered before making [FR Doc. 2012–20102 Filed 8–16–12; 8:45 am] contained in Sikorsky RFM, Supplement No. a determination on the final rule. BILLING CODE 4910–13–P 41, approved September 6, 2005. Class B airspace designations are (f) Alternative Methods of Compliance published in paragraph 3000 of FAA (AMOCs) DEPARTMENT OF TRANSPORTATION Order 7400.9V, dated August 9, 2011, and effective September 15, 2011, which (1) The Manager, Boston Aircraft Federal Aviation Administration is incorporated by reference in 14 CFR Certification Office, FAA, may approve 71.1. The Class B airspace designations AMOCs for this AD. Send your proposal to: Caspar Wang, Aviation Safety Engineer, 14 CFR Part 71 listed in this document will be subsequently published in the Order. Boston Aircraft Certification Office, Engine & [Docket No. FAA–2011–0438; Airspace Propeller Directorate, 12 New England Docket No. 11–AWA–4] Discussion of Comments Executive Park, Burlington, MA 01803; telephone (781) 238–7799; email RIN 2120–AA66 Four commenters opposed the vertical [email protected]. extension of the Salt Lake City Class B (2) For operations conducted under a 14 Amendment to Class B Airspace; Salt airspace from 10,000 feet MSL to 12,000 CFR part 119 operating certificate or under Lake City, UT feet MSL without mitigating impacts on 14 CFR part 91, subpart K, we suggest that VFR operations. They challenged the you notify your principal inspector, or AGENCY: Federal Aviation lacking a principal inspector, the manager of Administration (FAA), DOT. operational and safety benefit of raising the local flight standards district office or ACTION: Final rule. the ceiling based on no actual mid-air certificate holding district office before collision or conflict resolution data operating any aircraft complying with this SUMMARY: This action modifies the Salt having been provided to support taking AD through an AMOC. Lake City, UT, Class B airspace to this action.

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This Class B airspace area authority for VFR clearances through Lastly, this Class B airspace modification was initiated to ensure Class B airspace creates an operational modification provides operational and containment of large turbine-powered barrier to VFR operations where none safety benefits to all airspace users aircraft within Class B airspace. Raising existed before; and (3) the FAA’s only operating in the vicinity of SLC. The the ceiling of the Salt Lake City Class B intent is to provide increased modified Class B airspace areas were airspace to 12,000 feet MSL is necessary operational and safety benefits to one designed to ensure all instrument to contain the instrument procedures segment of air traffic—Part 121 procedures and associated traffic and associated traffic patterns operators. patterns for those procedures are supporting those procedures at SLC. In The FAA does not agree. First, the 14 contained within Class B airspace. addition to the approximately 1,000 IFR CFR 91.211 regulation referenced However, a number of adjustments to operations a day operating at and below establishes the requirement for the the Salt Lake City Class B airspace area 12,000 feet MSL within 30 miles of SLC, minimum flight crew of civil aircraft were made during the proposal process and the Ad hoc Committee’s operating at cabin pressure altitudes to ensure the airspace modification endorsement of the 12,000 feet MSL above 12,500 feet MSL up to and supported all interested airspace users. ceiling, the raised ceiling is based on including 14,000 feet MSL to use Revising the surface area boundary, operational necessity. supplemental oxygen for that part of the amending floor altitudes of various sub- Because SLC is situated in a valley flight at those altitudes that exceed areas, charting high altitude VFR with mountainous terrain to the east thirty minutes. Raising the Salt Lake transition routes, and modifying VFR and southeast, and southwest, there is City Class B airspace area ceiling to flyways, as suggested, are all examples only one traffic pattern west of SLC, 12,000 feet MSL still allows VFR aircraft of the efforts taken to ensure the final regardless of traffic flow. Departures to pass over the Class B airspace area at Salt Lake City Class B airspace design from SLC must also climb in the same 12,500 feet MSL without requiring a provides operational and safety benefits airspace to the west of SLC before supplemental oxygen system. Aircraft to all airspace users in the vicinity of turning on course to clear mountainous with flight durations of thirty minutes SLC. terrain. Departing aircraft climb to or less flying over the Salt Lake City Four commenters were concerned that 10,000 feet MSL to clear the terrain Class B airspace area above 12,500 feet raising the Salt Lake City Class B surrounding SLC and remain separated MSL up to and including 14,000 feet airspace ceiling would result in a from arrival aircraft established at or MSL may also operate without a reduction of general aviation aircraft that are able to transition above the descending to the downwind traffic supplemental oxygen system. For pattern altitude of 11,000 feet MSL. Class B airspace area and would force aircraft without supplemental oxygen Every arrival into SLC must enter the many general aviation pilots to fly at systems that are unable to fly over the downwind pattern west of the airport. lower altitudes under the Class B Salt Lake City Class B airspace ceiling During periods of high traffic volume, or airspace shelves, resulting in increased as noted above, there are alternatives to when incompatible aircraft are congestion in mountainous terrain, or installing a supplemental oxygen system operating, air traffic control must also circumnavigate the Class B airspace area available for transiting the SLC area. use a 12,000-foot MSL downwind altogether, using less efficient routing at Those alternatives include obtaining a pattern altitude to ensure aircraft more expense. Class B clearance, flying established separation. Raising the ceiling of the The FAA understands the need for VFR transition routes, and Salt Lake City Class B airspace area safe routes for VFR aircraft to transition around SLC to 12,000 feet MSL also circumnavigating the Salt Lake City through, around, and under the Class B ensures airspace within which all Class B airspace area laterally or under airspace. For VFR aircraft that are aircraft, IFR and VFR, are subject to the the floor of the sub-areas. unable to overfly the modified Class B same Class B airspace operating rule; Second, the FAA acknowledges that airspace ceiling (12,000 feet MSL), and enhancing the safety benefit to all and Class B clearances will be required for decide not to contact Salt Lake City further reducing the potential for mid- VFR aircraft that opt to continue flying TRACON to receive Class B services, air collisions in the airspace VFR over SLC between 10,000 feet and there are a number of airspace surrounding SLC. 12,000 feet MSL, and that Class B modifications made to the Class B To mitigate impacts on VFR aircraft airspace clearance requests from VFR airspace area to minimize impacts to operating between 10,000 feet and aircraft are based on workload, VFR pilots flying under the Class B 12,000 feet MSL, the FAA has operational limitations, and traffic airspace shelves or opting to developed high altitude VFR transition conditions. Using radar, the Salt Lake circumnavigate the Class B airspace routes, with associated frequencies, City Terminal Radar Approach Control altogether. The floor of Class B airspace altitudes, and route depictions, for (TRACON) air traffic controllers have south of Point of the Mountain was inclusion on the Salt Lake City Terminal visibility of all aircraft, IFR and VFR, raised from 9,000 feet MSL to 10,000 Area Chart, as discussed further below. operating in the vicinity of SLC. feet MSL and the airspace west/ This charting was accomplished on Knowing the IFR traffic flows and the northwest of the Point of the Mountain April 5, 2012. altitudes and intentions of IFR and VFR was raised from 7,000 feet MSL to 8,000 One commenter argued against raising aircraft operating in the vicinity of SLC, feet MSL to allow north- and south- the Salt Lake City Class B airspace area the TRACON controllers are able to bound VFR aircraft flying along I–15 ceiling to 12,000 feet MSL, claiming it determine if clearance requests to enter and Point of the Mountain to remain will have an adverse impact on all or transit the Class B airspace can be 1,000 feet higher, at all times, than the general aviation operations in that safely approved. For Class B airspace previous Class B airspace allowed. The airspace. The commenter stated (1) the clearance requests that can be approved, modified Salt Lake City Class B airspace FAA was imposing a non-regulatory 14 the TRACON controllers will continue design also incorporated reductions to CFR part 91.211, Supplemental oxygen, to issue clearances with altitude and the northern and southern boundaries of requirement on general aviation aircraft routing instructions to provide positive the Class B surface area to provide to install supplemental oxygen systems separation from all other aircraft, IFR additional airspace for east- and west- to fly over the Class B airspace; (2) air and VFR, operating within the Class B bound VFR aircraft to fly under the traffic controller approval/denial airspace. Class B airspace area; thus reducing the

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flying miles to be flown when compared large turbo-powered aircraft arriving/ is corrected to read ‘‘lat. 40°30′33″ N., to the previous Class B surface area. The departing SLC. The existing departure long. 112°07′00″ W.’’ in both area Class B airspace along the ridgeline of procedures, altitudes, and flight tracks descriptions. The second typographical the Wasatch Mountains was raised from for the same fleet mix are unchanged by error listed the geographic coordinates the 9,000 feet MSL to 10,500 feet MSL this Class B airspace modification. Since for the northwest corner of Area H as to accommodate glider operations and the Salt Lake City TRACON will ‘‘lat. 40°27′07″ N., long. 112°07′00″ W.’’, VFR aircraft crossing the ridgeline. continue using the same departure and is corrected to read ‘‘lat. 40°24′07″ Four commenters were concerned that procedures, altitudes, and flight tracks N., long. 112°07′00″ W.’’ to match the general aviation pilots would not have in use today, no IFR–VFR aircraft traffic geographic coordinate information for as many alternatives as possible to issues over Park City, UT, are expected. the same point described in Area G. transit through, over, and near the Salt One commenter stated it is virtually Additionally, this action makes a Lake City Class B airspace. They impossible to depart South Valley minor correction to the western requested the FAA consider all available Regional Airport (U42) in Instrument boundary of Area I to ensure a 0.5 NM means of accommodating general Meteorological Conditions (IMC), or buffer east of the extended RNAV 35 aviation to include an East-West VFR even marginal VFR conditions, on an final approach. The Wasatch VORTAC transit corridor, T-routes, VFR IFR clearance due to conflicts with the (TCH) DME and geographic position transitions, and VFR flyways. IFR traffic flow into and out of SLC. The coordinates listed as ‘‘24.1-mile DME’’ Salt Lake City’s traffic flows and commenter requested the FAA address and ‘‘lat. 40°27′05″ N., long. 111°54′51″ pattern altitudes make establishing a the issue by developing a viable IFR W.’’ that were used to define the VFR corridor impractical. Salt Lake City departure procedure for U42 so that any northern point of that boundary are has only one downwind leg that passes minor modifications to the Salt Lake corrected to read ‘‘24.4-mile DME’’ and west of the airport, and approximately City Class B modification could be ‘‘lat. 40°26′51″ N., long. 111°54′42″ W.’’ 50 percent of Salt Lake City’s departure incorporated into this regulatory action. The corresponding information for that traffic departs to the west/northwest, The delays associated with IFR point contained in Area G is also climbing to 10,000 feet MSL to clear operations at U42 are related to terrain, corrected. The geographic position terrain. The only way to allow a VFR the close proximity of SLC, and non- coordinates listed as ‘‘lat. 40°18′14″ N., aircraft to transit Salt Lake City Class B radar separation requirements. The long. 111°53′40″ W.’’ used to define the airspace at or below 10,000 feet MSL FAA’s Flight Procedures Development southern point of that boundary are would be to stop the departures. These Team was asked to review the issue corrected to read ‘‘lat. 40°18′14″ N., departures would conflict with any VFR identified above and recommend any long. 111°53′42″ W.’’ The corresponding corridor design that passed over the alternatives or solutions that could be information for that point contained in airport. considered. Unfortunately, they could Area H is also corrected. Lastly, the However, as recommended by the offer no solution due to U42’s geographic position coordinates listed commenters and the Ad hoc Committee, geographic proximity to SLC with its as ‘‘lat. 40°24′12″ N., long. 111°54′36″ the FAA has published frequencies, associated high density air traffic W.’’ used to define the southeast corner altitudes, and VFR transition and flyway operations. Salt Lake City TRACON of Area G and northeast corner of Area routes on the Salt Lake City Terminal personnel met with the U42 Fixed Base H, along the corrected western boundary Area Chart to minimize the Class B Operator (FBO) owner to discuss the of Area I, are corrected to read ‘‘lat. airspace modification impact to VFR U42 operation, ensure understanding of 40°24′19″ N., long. 111°54′23″ W.’’ aircraft. The published VFR transition the limitations by all parties, and Finally, this action makes a number of routes are established at 10,500 feet reinforce the importance of coordinating corrections to the ‘‘seconds’’ component MSL for westbound traffic and at 11,500 IFR operations ahead of time as the best of the lat./long. geographic coordinates feet MSL for eastbound traffic. way to address departure delays at U42. to better match this information with Additionally, the VFR flyway the corresponding visual landmark or amendment recommendations the FAA Differences From the NPRM fix/radial/distance information for the received have been incorporated on the Editorial corrections have been made associated point. These minor editorial VFR Flyway Planning Chart, as to the wording of the Salt Lake City corrections do not change the affected provided and addressed in the NPRM. Class B airspace legal description to areas. One commenter expressed concern remove duplicative information and Radials listed in this rule are stated in that VFR aircraft flying near and above excessive verbiage, simplify sub-area degrees relative to True North. 12,000 feet MSL over Park City, UT, descriptions, and improve clarity. These The Rule would conflict with IFR aircraft from corrections standardize the format only SLC as a result of the Salt Lake City and do not affect the areas described. The FAA is amending Title 14 of the Class B airspace modification. In the Salt Lake City Class B airspace Code of Federal Regulations (14 CFR) The FAA notes that Park City, UT, is legal description header, the VORTAC part 71 to modify the Salt Lake City, UT, located approximately 22 miles east listed as the ‘‘Salt Lake City VORTAC Class B airspace area. This action southeast of SLC and approximately 19 (TCH)’’ is corrected to read the (depicted on the attached chart) raises miles east of the nearest boundary of the ‘‘Wasatch VORTAC (TCH)’’. The the existing ceiling from 10,000 feet Salt Lake City Class B airspace. An geographic coordinates defining the MSL to 12,000 feet MSL, and makes analysis of SLC departure traffic VORTAC location were correct as various boundary modifications in order indicates that aircraft departing for published and remain unchanged. to provide the additional airspace that is locations to the east are above 12,000 Two typographical errors were also necessary to contain all instrument feet MSL approximately 16 miles west noted in the NPRM that affect the procedures at SLC and the large turbo- northwest of Park City and are not a descriptions of Areas F, G, and H. The powered aircraft flying those instrument factor for VFR aircraft over Park City, at first typographical error listed the procedures within the confines of Class and above 12,000 feet MSL. The geographic coordinates for the B airspace. The modifications better modification of the Salt Lake City Class southwest corner of Area F and segregate IFR aircraft arriving/departing B airspace area was designed to contain northwest corner of Area G as ‘‘lat. SLC and VFR aircraft operating in the existing instrument procedures and 40°30′55″ N., long. 112°07′00″ W.’’, and vicinity of the Salt Lake Class B airspace

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area. The following are the revisions to Area G. Combines existing Areas F under the National Environmental the Salt Lake City Class B airspace area: and G with the floor established at 8,000 Policy Act in accordance with FAA Area A. Redefined from the surface to feet MSL and ceiling raised to 12,000 Order 1050.1E, ‘‘Environmental 12,000 feet MSL. The northern feet MSL. The southern boundary is Impacts: Policies and Procedures,’’ boundary is moved south an average of established approximately four miles paragraph 311a. This airspace action is 2 miles to allow VFR aircraft to south of the existing Areas F and G not expected to cause any potentially transition westbound sooner and relieve southern boundary to allow IFR traffic significant environmental impacts, and congestion between the Hill Air Force during simultaneous independent ILS no extraordinary circumstances exist Base (AFB) Class D airspace and Salt approaches to join final closer to SLC. that warrant preparation of an Lake City Class B surface area airspace. Area H. Similar to existing Area H, environmental assessment. with the floor established at 9,000 feet The boundary north of the Skypark Paperwork Reduction Act Airport (BTF) is moved slightly to the MSL and ceiling raised to 12,000 feet west to relieve congestion between the MSL. Expanded slightly to the west to The Paperwork Reduction Act of 1995 Class B surface area airspace and the use the same longitude for its boundary (44 U.S.C. 3507(d)) requires that the Wasatch Mountains. The southern as the new Area G and redefines the FAA consider the impact of paperwork boundary surface area airspace East of southern boundary further north by and other information collection U42 is combined with the new Area D using the TCH 33-mile DME arc. burdens imposed on the public. We as noted below. Area I. New area established east of have determined that there is no new Area B. Incorporates portions of area H with the floor established at information collection requirement associated with this final rule. existing Areas B and J, and establishes 10,000 feet MSL and ceiling at 12,000 a floor at 7,800 feet MSL and ceiling at feet MSL. Designed to capture arrival Regulatory Evaluation Summary 12,000 feet MSL. The western boundary traffic from the southeast. Area J. New area established over the Changes to Federal regulations must changes from the SLC Runway 17 ILS/ undergo several economic analyses. DME antenna (I–BNT) 25-mile DME arc north end of the Oquirrh Mountains with the floor established at 11,000 feet First, Executive Order 12866 and to the TCH 20-mile DME arc. Raising the Executive Order 13563 direct that each floor matches the existing Class B MSL and ceiling at 12,000 feet MSL. This area contains IFR departure traffic Federal agency shall propose or adopt a airspace area over Hill AFB and allows regulation only upon a reasoned VFR aircraft operating in the area to climbing southbound, as well as arrival traffic being vectored to the downwind. determination that the benefits of the climb sooner. intended regulation justify its costs. Area C. New area established by Area K. New area established redefining a portion of existing Area B Second, the Regulatory Flexibility Act incorporating a portion of existing Area of 1980 (Pub. L. 96–354) requires A, raising the floor from the surface to with the floor raised to 8,600 feet MSL and ceiling to 12,000 feet MSL. Provides agencies to analyze the economic 6,000 feet MSL and the ceiling to 12,000 impact of regulatory changes on small feet MSL, to reduce congestion between additional airspace for VFR aircraft. Area L. Redefines a portion of existing entities. Third, the Trade Agreements the Hill AFB Class D airspace and the Area I (northern section) with the floor Act (Pub. L. 96–39) prohibits agencies Salt Lake City Class B surface area raised to 10,500 feet MSL and ceiling to from setting standards that create airspace to allow VFR aircraft easier 12,000 feet MSL. Allows north-flow unnecessary obstacles to the foreign access to transit north of SLC below the departures from SLC to climb and turn commerce of the United States. In Class B airspace area. eastbound on course. The eastern developing U.S. standards, the Trade Area D. Expands laterally into boundary of this new area is moved to Act requires agencies to consider existing Class B airspace with the the west along the Wasatch Mountains international standards and, where ceiling raised to 12,000 feet MSL. ridgeline. The southern section of appropriate, that they be the basis of Incorporates a portion of the existing existing Area I is deleted. U.S. standards. Fourth, the Unfunded Area A located East of U42, raising the Area M. Similar to existing Area M Mandates Reform Act of 1995 (Pub. L. floor from the surface to 6,000 feet MSL, with the floor at 9,000 feet MSL and 104–4) requires agencies to prepare a to allow VFR aircraft easier access to ceiling raised to 12,000 feet MSL. The written assessment of the costs, benefits, and from U42. lateral boundaries extend slightly with and other effects of proposed or final Area E. Combines existing Areas C the northern boundary extended north rules that include a Federal mandate and K with the floor established at 6,500 to the TCH 26-mile DME arc and the likely to result in the expenditure by feet MSL and the ceiling raised to western boundary extended west State, local, or tribal governments, in the 12,000 feet MSL. The southern approximately one mile. aggregate, or by the private sector, of boundary is extended south slightly Area N. New area established north of $100 million or more annually (adjusted using the TCH 16-mile DME arc. The the existing Salt Lake City Class B for inflation with base year of 1995). southwest portion of the boundary is airspace area with the floor at 10,000 This portion of the preamble relocated east slightly using the TCH 12- feet MSL and ceiling at 12,000 feet MSL. summarizes the FAA’s analysis of the mile DME arc to eliminate terrain Contains aircraft flying instrument economic impacts of this final rule. penetrations of Class B airspace. The approaches to SLC runway 17. Department of Transportation Order western boundary is defined by the TCH Area O. New area established in DOT 2100.5 prescribes policies and 13.5-mile DME arc instead of the I–BNT existing Class B airspace north and east procedures for simplification, analysis, 13-mile DME arc. of SLC with the floor at 7,500 feet MSL and review of regulations. If the Area F. New area established in and ceiling raised to 12,000 feet MSL. expected cost impact is so minimal that existing Area E with the ceiling raised Provides containment of aircraft flying a proposed or final rule does not to 12,000 feet MSL and the northern instrument approaches to SLC runway warrant a full evaluation, this order boundary defined by the TCH 16-mile 16R and 16L. permits that a statement to that effect DME arc instead of the I–BNT 11 DME and the basis for it to be included in the arc. The southern boundary is moved Environmental Review preamble if a full regulatory evaluation south slightly to contain runway 34L The FAA has determined that this of the cost and benefits is not prepared. and 34R ILS approaches. action qualifies for categorical exclusion Such a determination has been made for

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this final rule. The reasoning for this • Adopting VFR flyway amendment unnecessary obstacles to the foreign determination follows: recommendations received from the Ad commerce of the United States. After consultation with a diverse hoc Committee and NPRM commenters. Pursuant to these Acts, the cross-section of stakeholders that The FAA provided numerous establishment of standards is not participated in the Ad hoc Committee to alternatives for GA traffic to fly in the considered an unnecessary obstacle to develop the recommendations Salt Lake City airspace. As such, we the foreign commerce of the United contained in this rule, and a review of estimate a minimal impact. States, so long as the standard has a the recommendations and comments, FAA has, therefore, determined that legitimate domestic objective, such as the FAA expects that this final rule this final rule is not a ‘‘significant the protection of safety, and does not would result in minimal cost. The FAA regulatory action’’ as defined in section operate in a manner that excludes is taking this action to improve the flow 3(f) of Executive Order 12866, and is not imports that meet this objective. The of air traffic, enhance safety, and reduce ‘‘significant’’ as defined in DOT’s statute also requires consideration of the potential for midair collision in the Regulatory Policies and Procedures. international standards and, where Salt Lake City Class B airspace. Regulatory Flexibility Determination appropriate, that they be the basis for U.S. standards. The FAA has assessed The FAA received comments to the The Regulatory Flexibility Act of 1980 NPRM that indicated concern with the the potential effect of this final rule and (Pub. L. 96–354) (RFA) establishes ‘‘as a determined that it will enhance safety rule from an economic standpoint. principle of regulatory issuance that Commenters such as the Aircraft and is not considered an unnecessary agencies shall endeavor, consistent with obstacle to trade. Owners and Pilots Association (AOPA) the objectives of the rule and of expressed the concern that an increase applicable statutes, to fit regulatory and Unfunded Mandates Assessment to the ceiling height of Salt Lake City informational requirements to the scale Class B airspace will result in general of the businesses, organizations, and Title II of the Unfunded Mandates aviation pilots taking less efficient governmental jurisdictions subject to Reform Act of 1995 (Pub. L. 104–4) routing to circumnavigate the Class B regulation.’’ To achieve this principle, requires each Federal agency to prepare airspace. The Experimental Aircraft agencies are required to solicit and a written statement assessing the effects Association (EAA) fears that general consider flexible regulatory proposals of any Federal mandate in a proposed or aviation operators who are unable to and to explain the rationale for their final agency rule that may result in an comply with the supplemental oxygen actions to assure that such proposals are expenditure of $100 million or more (in requirement or unable to obtain air given serious consideration.’’ The RFA 1995 dollars) in any one year by State, traffic control clearance to fly visual covers a wide-range of small entities, local, and tribal governments, in the flight rules (VFR) into the Class B will including small businesses, not-for- aggregate, or by the private sector; such be forced to fly thousands of miles profit organizations, and small a mandate is deemed to be a ‘‘significant around the Salt Lake City Class B governmental jurisdictions. regulatory action.’’ The FAA currently airspace in mountainous terrain. The Agencies must perform a review to uses an inflation-adjusted value of result would be to cost general aviation determine whether a rule will have a $143.1 million in lieu of $100 million. aircraft operators thousands of dollars in significant economic impact on a This final rule does not contain such a unanticipated aircraft operating substantial number of small entities. If mandate; therefore, the requirements of expenses and place the aircraft and the agency determines that it will, the Title II of the Act do not apply. passengers over hostile, mountainous agency must prepare a regulatory List of Subjects in 14 CFR Part 71 terrain for extended periods of time. flexibility analysis as described in the The FAA has restructured the RFA. However, if an agency determines Airspace, Incorporation by reference, airspace to allow sufficient alternatives that a rule is not expected to have a Navigation (air). to circumnavigation for VFR traffic. The significant economic impact on a Adoption of the Amendment restructuring and other FAA actions substantial number of small entities, include the following: section 605(b) of the RFA provides that In consideration of the foregoing, the • Raising Class B airspace floors the head of the agency may so certify Federal Aviation Administration south of and west/northwest of the and a regulatory flexibility analysis is amends 14 CFR part 71 as follows: Point of the Mountain 1,000 feet to not required. The certification must allow north- and south-bound VFR include a statement providing the PART 71—DESIGNATION OF CLASS A, aircraft flying along I–15 more airspace factual basis for this determination, and B, C, D, AND E AIRSPACE AREAS; AIR to fly under the SLC Class B airspace the reasoning should be clear. TRAFFIC SERVICE ROUTES; AND area; The FAA believes the rule would not REPORTING POINTS • Reducing Class B surface area have a significant economic impact on northern and southern boundaries to a substantial number of small entities as ■ 1. The authority citation for part 71 provide more airspace for east- and the economic impact is expected to be continues to read as follows: west-bound VFR aircraft to fly under the minimal. Therefore, the FAA Administrator Authority: 49 U.S.C. 106(g), 40103, 40113, Class B airspace area; certifies that this final rule will not have 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– • 1963 Comp., p. 389. Raising Class B airspace floor along a significant economic impact on a the Wasatch Mountains ridgeline 1,500 substantial number of small entities. § 71.1 [Amended] feet to provide more airspace for VFR aircraft crossing the ridgeline; International Trade Impact Assessment ■ 2. The incorporation by reference in • Establishing and charting high The Trade Agreements Act of 1979 14 CFR 71.1 of the Federal Aviation altitude VFR transition routes at 10,500 (Pub. L. 96–39), as amended by the Administration Order 7400.9V, Airspace feet MSL for westbound traffic and at Uruguay Round Agreements Act (Pub. Designations and Reporting Points, 11,500 feet MSL for eastbound traffic, L. 103–465), prohibits Federal agencies dated August 9, 2011, and effective with associated frequencies, on the Salt from establishing standards or engaging September 15, 2011, is amended as Lake City Terminal Area Charts; and in related activities that create follows:

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Paragraph 3000 Subpart B—Class B feet MSL, within an area bounded by a line 197° radial 21.4-mile DME at lat. 40°30′33″ Airspace. beginning at the TCH 316° radial 11.6-mile N., long. 112°07′00″ W.; thence east to the ° ′ ″ ° ′ ″ ° * * * * * DME at lat. 40 59 21 N., long. 112 09 33 W.; TCH 184 radial 20.4-mile DME at lat. thence east to I–15 at the TCH 013° radial 40°30′38″ N., long. 112°00′33″ W.; thence ANM UT B Salt Lake City, UT [Modified] 9.8-mile DME at lat. 41°00′34″ N., long. north to the point of beginning. ° ′ ″ ° Salt Lake City International Airport (Primary 111 56 00 W.; thence south to the TCH 020 Area G. That airspace extending upward Airport) radial 6.6-mile DME at lat. 40°57′13″ N., long. from 8,000 feet MSL to and including 12,000 (Lat. 40°47′18″ N., long. 111°58′40″ W.) 111°55′56″ W.; thence west to a point feet MSL, within an area bounded by a line Wasatch VORTAC (TCH) southeast of Seagull Point on Antelope Island beginning on I–15 at the TCH 169° radial (Lat. 40°51′01″ N., long. 111°58′55″ W.) at the TCH 304° radial 9.3-mile DME at lat. 20.7-mile DME at lat. 40°30′43″ N., long. Hill AFB (HIF) 40°56′13″ N., long. 112°09′05″ W.; thence 111°53′31″ W.; thence south along I–15 to the (Lat. 41°07′26″ N., long. 111°58′23″ W.) north to the point of beginning. TCH 172° radial 24.4-mile DME at lat. Area D. That airspace extending upward 40°26′51″ N., long. 111°54′42″ W.; thence Boundaries from 6,000 feet MSL to and including 12,000 south along the TCH 173° radial to the TCH Area A. That area extending upward from feet MSL, within an area bounded by a line 26.9-mile DME at lat. 40°24′19″ N., long. the surface to and including 12,000 MSL, beginning at the Usana Amphitheatre at the 111°54′23″ W.; thence west to the TCH 193° within an area bounded by a line beginning TCH 192° radial 11.8-mile DME at lat. radial 27.6-mile DME at lat. 40°24′07″ N., at the TCH 20° radial 6.6-mile DME at lat. 40°39′28″ N., long. 112°02′08″ W.; thence east long. 112°07′00″ W.; thence north along long. 40°57′13″ N., long. 111°55′56″ W.; thence to the intersection of I–15 and W. 5300 South 112°07′00″ W. to the TCH 197° radial 21.4- south to the intersection of Redwood Rd. and St. at the TCH 163° radial 12.3-mile DME at mile DME at lat. 40°30′33″ N., long. W. 500 South St. at the TCH 049° radial 3.1- lat. 40°39′17″ N., long. 111°54′06″ W.; thence 112°07′00″ W.; thence east to the point of mile DME at lat. 40°53′02″ N., long. south along I–15 to the TCH 169° radial 20.7- beginning. Excluding R–6412, when active. 111°55′48″ W.; thence south to Center St. at mile DME at lat. 40°30′43″ N., long. Area H. That airspace extending upward the TCH 102° radial 2.3-mile DME at lat. 111°53′31″ W.; thence west to the TCH 184° from 9,000 feet MSL to and including 12,000 40°50′32″ N., long. 111°55′57″ W.; thence east radial 20.4-mile DME at lat. 40°30′38″ N., feet MSL, within an area bounded by a line along Center St. to Interstate 15 (I–15) at the long. 112°00′33″ W.; thence north to the TCH beginning at the TCH 193° radial 27.6-mile 4.3-mile DME radius of the Salt Lake City 184° radial 16-mile DME at lat. 40°35′03″ N., DME at lat. 40°24′07″ N., long. 112°07′00″ W.; International Airport at the TCH 099° radial long. 112°00′23″ W.; thence clockwise along thence south along long. 112°07′00″ W. to the 3-mile DME at lat. 40°50′32″ N., long. the TCH 16-mile DME arc to State Route 48 TCH 191° radial 33-mile DME at lat. ° ′ ″ 111 54 56 W.; thence clockwise along the (SR–48) at the TCH 189° radial at lat. 40°18′34″ N., long. 112°07′00″ W.; thence 4.3-mile DME radius of the Salt Lake City 40°35′13″ N., long. 112°02′18″ W.; thence counter clockwise along the TCH 33-mile ° International Airport to I–15 at the TCH 151 north to the point of beginning. DME arc to the TCH 173° radial at lat. ° ′ ″ radial 7.3-mile DME at lat. 40 44 37 N., long. Area E. That airspace extending upward 40°18′14″ N., long. 111°53′42″ W.; thence ° ′ ″ 111 54 15 W.; thence south along I–15 to W. north along the TCH 173° radial to the TCH ° from 6,500 feet MSL to and including 12,000 5300 South St. at the TCH 163 radial 12.3- feet MSL, within an area bounded by a line 26.9-mile DME at lat. 40°24′19″ N., long. mile DME at lat. 40°39′17″ N., long. ° ° ′ ″ ° ′ ″ beginning on SR–48 at the TCH 189 radial 111 54 23 W.; thence west to the point of 111 54 06 W.; thence west to the Usana 16-mile DME arc at lat. 40°35′13″ N., long. beginning. Excluding R–6412, when active. Amphitheatre at the TCH 192° radial 11.8- ° ′ ″ ° ′ ″ 112 02 18 W.; thence clockwise along the Area I. That airspace extending upward mile DME at lat. 40 39 28 N., long. TCH 16-mile DME arc to the TCH 203° radial from 10,000 feet MSL to and including 112°02′08″ W.; thence northwest to the at lat. 40°36′14″ N., long. 112°07′00″ W.; 12,000 feet MSL, within an area bounded by intersection of State Route 201 (SR–201) and ° ′ ″ ° ° thence north along long. 112 07 00 W. to the a line beginning on I–15 at the TCH 172 S. 8000 West St. at the TCH 210 radial 9.1- ° ° ′ ″ ° ′ ″ TCH 211 radial 12-mile DME at lat. radial 24.4-mile DME at lat. 40 26 51 N., mile DME at lat. 40 43 06 N., long. ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 40 40 42 N., long. 112 07 00 W.; thence long. 111 54 42 W.; thence south along I–15 112 04 56 W.; thence northwest to Interstate ° ° clockwise along the TCH 12-mile DME arc to to intercept the TCH 160 radial 33-mile DME 80 (I–80) at the TCH 239 radial 9-mile DME ° ° ′ ″ ° ′ ″ at lat. 40°46′22″ N., long. 112°09′04″ W.; the railroad tracks at the TCH 233 radial at at lat. 40 19 54 N., long. 111 44 26 W.; lat. 40°43′43″ N., long. 112°11′27″ W.; thence thence clockwise along the TCH 33-mile thence north to a point southeast of Seagull ° Point on Antelope Island at the TCH 304° west along the railroad tracks to the TCH DME arc to the TCH 173 radial at lat. ° ′ ″ 236° radial 13.5-mile DME at lat. 40°43′27″ 40°18′14″ N., long. 111°53′42″ W.; thence radial 9.3-mile DME at lat. 40 56 13 N., long. ° ′ ″ ° 112°09′05″ W.; thence east to the point of N., long. 112 13 38 W.; thence clockwise north along the TCH 173 radial to the point beginning. along the TCH 13.5-mile DME arc to the TCH of beginning. ° ° ′ ″ Area B. That airspace extending upward 265 radial at lat. 40 49 49 N., long. Area J. That airspace extending upward ° ′ ″ from 7,800 feet MSL to and including 12,000 112 16 38 W.; thence east along the TCH from 11,000 feet MSL to and including ° feet MSL, within an area bounded by a line 265 radial to the TCH 12-mile DME at lat. 12,000 feet MSL, within an area bounded by ° ′ ″ ° ′ ″ beginning at the TCH 265° radial 12-mile 40 49 57 N., long. 112 14 40 W.; thence a line beginning on the railroad tracks at the ° DME at lat. 40°49′57″ N., long 112°14′40″ W.; northeast to a point southeast of Seagull TCH 238 radial 20-mile DME at lat. ° ° ′ ″ ° ′ ″ thence west along the TCH 265° radial to the Point on Antelope Island at the TCH 304 40 40 22 N., long. 112 21 12 W.; thence east ° ′ ″ ° 20-mile DME arc at lat. 40°49′13″ N., long. radial 9.3-mile DME at lat. 40 56 13 N., long. along the railroad tracks to the TCH 233 ° ′ ″ 112°25′09″ W.; thence clockwise along the 112°09′05″ W.; thence south to I–80 at the radial 12-mile DME at lat. 40 43 43 N., long. TCH 20-mile DME arc to the 4.3-mile DME TCH 239° radial 9-mile DME at lat. 40°46′22″ 112°11′27″ W.; thence counter clockwise radius of Hill AFB at the TCH 009° radial at N., long. 112°09′04″ W.; thence southeast to along the TCH 12-mile DME arc to the TCH lat. 41°10′47″ N., long. 111°54′48″ W.; thence the intersection of SR–201 and S. 8000 West 211° radial at lat. 40°40′42″ N., long. clockwise along the 4.3-mile DME radius of St. at the TCH 210° radial 9.1-mile DME at 112°07′00″ W.; thence south along long. Hill AFB to W. 1700 South St. at the TCH lat. 40°43′06″ N., long. 112°04′56″ W.; thence 112°07′00″ W. to the TCH 198° radial 20-mile 347° radial 14.7-mile DME at lat. 41°05′20″ southeast to the Usana Amphitheatre at the DME at lat. 40°31′58″ N., long. 112°07′00″ W.; N., long. 112°03′21″ W.; thence west along W. TCH 192° radial 11.8-mile DME at lat. thence clockwise along the TCH 20-mile 1700 South St. to the TCH 329° radial 16.8- 40°39′28″ N., long. 112°02′08″ W.; thence DME arc to the point of beginning. mile DME at lat. 41°05′22″ N., long. south to the point of beginning. Area K. That airspace extending upward 112°10′20″ W.; thence south to the TCH 316° Area F. That airspace extending upward from 8,600 feet MSL to and including 12,000 radial 11.6-mile DME at lat. 40°59′21″ N., from 7,000 feet MSL to and including 12,000 feet MSL, within an area bounded by a line long. 112°09′33″ W.; thence south to a point feet MSL, within an area bounded by a line beginning at the TCH 265° radial 13.5-mile southeast of Seagull Point on Antelope Island beginning at the TCH 184° radial 16-mile DME at lat. 40°49′49″ N., long. 112°16′38″ W.; at the TCH 304° radial 9.3-mile DME at lat. DME at lat. 40°35′03″ N., long. 112°00′23″ W.; thence west along the TCH 265° radial to 40°56′13″ N., long. 112°09′05″ W.; thence thence clockwise along the TCH 16-mile intercept the TCH 20-mile DME arc at lat. southwest to the point of beginning. DME arc to the TCH 203° radial at lat. 40°49′13″ N., long. 112°25′09″ W.; thence Area C. That airspace extending upward 40°36′14″ N., long. 112°07′00″ W.; thence counter clockwise along the TCH 20-mile from 6,000 feet MSL to and including 12,000 south along long. 112°07′00″ W. to the TCH DME arc to the railroad tracks at the TCH

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238° radial at lat. 40°40′22″ N., long. feet MSL, within an area bounded by a line TCH 014° radial 13.6-mile DME at lat. 112°21′12″ W.; thence east along the railroad beginning on I–15 at the TCH 356° radial 26- 41°04′11″ N., long. 111°54′39″ W.; thence tracks to the TCH 236° radial 13.5-mile DME mile DME at lat. 41°16′57″ N., long. clockwise along the 4.3-mile radius from Hill at lat. 40°43′27″ N., long. 112°13′38″ W.; 112°01′33″ W.; thence counter clockwise AFB to 1700 South St. at the TCH 347° radial thence clockwise along the TCH 13.5-mile along the TCH 26-mile DME arc to the TCH 14.7-mile DME at lat. 41°05′20″ N., long. DME arc to the point of beginning. 338° radial at lat. 41°15′07″ N., long. 112°03′21″ W.; thence west along W. 1700 Area L. That airspace extending upward 112°11′50″ W.; thence south to the TCH 333° South St. to the TCH 329° radial 16.8-mile from 10,500 feet MSL to and including radial 20-mile DME at lat. 41°08′50″ N., long. DME at lat. 41°05′22″ N., long. 112°10′20″ W.; 12,000 feet MSL, within an area bounded by 112°10′56″ W.; thence clockwise along the thence south to the TCH 316° radial 11.6- a line beginning at the intersection of the TCH 20-mile DME arc to I–15 at the TCH mile DME at lat. 40°59′21″ N., long. Wasatch Mountains ridge line and Interstate 356° radial at lat. 41°10′58″ N., long. 112°09′33″ W.; thence east to I–15 at the TCH 84 (I–84) at the TCH 016° radial 18-mile DME 112°00′49″ W.; thence north along I–15 to the 013° radial 9.8-mile DME at lat. 41°00′34″ N., at lat. 41°08′17″ N., long. 111°52′18″ W.; point of beginning. long. 111°56′00″ W.; thence south to the TCH thence west along I–84 to the 4.3-mile radius Area N. That airspace extending upward 020° radial 6.6-mile DME at lat. 40°57′13″ N., of Hill AFB at the TCH 015° radial 17.9-mile from 10,000 feet MSL to and including long. 111°55′56″ W.; thence south to the DME at lat. 41°08′16″ N., long. 111°52′48″ W.; 12,000 feet MSL, within an area bounded by intersection of Redwood Rd. and W. 500 thence clockwise along the 4.3-mile radius of a line beginning on I–15 at the TCH 356° South St. at the TCH 049° radial 3.1-mile Hill AFB to U.S. Highway 89 at the TCH 014° radial 26-mile DME at lat. 41°16′57″ N., long. DME at lat. 40°53′02″ N., long. 111°55′48″ W.; radial 13.6-mile DME at lat. 41°04′11″ N., 112°01′33″ W.; thence clockwise along the thence south to Center St. at the TCH 102° long. 111°54′39″ W.; thence south along U.S. TCH 26-mile DME arc to North Mountain Rd. radial 2.3-mile DME at lat. 40°50′32″ N., long. Highway 89 to I–15 at the TCH 024° radial at the TCH 003° radial at lat. 41°16′59″ N., 111°55′57″ W.; thence east along Center St. 9-mile DME at lat. 40°59′14″ N., long. long. 111°56′57″ W.; thence south on North to I–15 at the TCH 099° radial 3-mile DME 111°54′05″ W.; thence south along I–15 to the Mountain Rd., which turns into Harrison at lat. 40°50′32″ N., long. 111°54′56″ W.; TCH 072° radial 4-mile DME at lat. 40°52′16″ Blvd., to the TCH 004° radial 20-mile DME thence north along I–15 to U.S. Highway 89 N., long. 111°53′50″ W.; thence east along lat. at lat. 41°10′58″ N., long. 111°56′56″ W.; at the TCH 024° radial 9-mile DME at lat. 40°52′16″ N. to the TCH 081° radial 8-mile thence counter clockwise along the TCH 20- 40°59′14″ N., long. 111°54′05″ W.; thence DME at lat. 40°52′16″ N., long. 111°48′30″ W.; mile DME arc to I–15 at the TCH 356° radial north along U.S. Highway 89 to the point of thence north along long. 111°48′30″ W. to the at lat. 41°10′58″ N., long. 112°00′49″ W.; beginning. Wasatch Mountains ridge line at the TCH thence north along I–15 to the point of Issued in Washington, DC, on August 2, ° ° ′ ″ 059 radial 9.2-mile DME at lat. 40 55 45 N., beginning. 2012. long. 111°48′30″ W.; thence north along the Area O. That airspace extending upward Gary A. Norek, Wasatch Mountains ridge line to the point of from 7,500 feet MSL to and including 12,000 beginning. feet MSL, within an area bounded by a line Manager, Airspace Policy and ATC Area M. That airspace extending upward beginning at the intersection of U.S. Highway Procedures Group. from 9,000 feet MSL to and including 12,000 89 and a 4.3-mile radius from Hill AFB at the BILLING CODE 4910–13–P

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[FR Doc. 2012–19583 Filed 8–16–12; 8:45 am] DEPARTMENT OF TRANSPORTATION ACTION: Final rule. BILLING CODE 4910–13–C Federal Aviation Administration SUMMARY: This action amends Class D airspace at Sault Ste Marie, ON. 14 CFR Part 71 Additional controlled airspace is [Docket No. FAA–2012–0392; Airspace necessary to coincide with the Canadian Docket No. 12–AGL–3] control zone over Sault Ste Marie Airport. The FAA is taking this action Amendment of Class D Airspace; Sault to enhance the safety and management Ste Marie, ON of Instrument Flight Rule (IFR) AGENCY: Federal Aviation operations at the airport. Administration (FAA), DOT.

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DATES: Effective date: 0901 UTC, number of small entities under the (Lat. 46°29′06″ N., long. 84°30′34″ W.) November 15, 2012. The Director of the criteria of the Regulatory Flexibility Act. That airspace in the United States at or Federal Register approves this The FAA’s authority to issue rules below 3,000 feet MSL within a 5-mile radius incorporation by reference action under regarding aviation safety is found in of Sault Ste Marie Airport. 1 CFR Part 51, subject to the annual Title 49 of the U.S. Code. Subtitle 1, Issued in Fort Worth, Texas, on August 1, revision of FAA Order 7400.9 and Section 106, describes the authority of 2012. publication of conforming amendments. the FAA Administrator. Subtitle VII, David P. Medina, FOR FURTHER INFORMATION CONTACT: Aviation Programs, describes in more Manager, Operations Support Group, ATO Scott Enander, Central Service Center, detail the scope of the agency’s Central Service Center. Operations Support Group, Federal authority. This rulemaking is [FR Doc. 2012–20138 Filed 8–16–12; 8:45 am] Aviation Administration, Southwest promulgated under the authority BILLING CODE 4910–13–P Region, 2601 Meacham Blvd., Fort described in Subtitle VII, Part A, Worth, TX 76137; telephone 817–321– Subpart I, Section 40103. Under that 7716. section, the FAA is charged with DEPARTMENT OF TRANSPORTATION prescribing regulations to assign the use SUPPLEMENTARY INFORMATION: of airspace necessary to ensure the Federal Aviation Administration History safety of aircraft and the efficient use of airspace. This regulation is within the 14 CFR Part 71 On May 21, 2012, the FAA published scope of that authority as it amends in the Federal Register a notice of [Docket No. FAA–2011–1429; Airspace controlled airspace at Sault Ste Marie proposed rulemaking (NPRM) to amend Docket No. 11–AAL–22] Airport, Sault Ste Marie, ON. Class D airspace for the Sault Ste Marie, Establishment of Class E Airspace; ON, area, creating additional controlled Environmental Review Chenega Bay, AK airspace at Sault Ste Marie Airport (77 The FAA has determined that this FR 29916) Docket No. FAA–2012–0392. action qualifies for categorical exclusion AGENCY: Federal Aviation Interested parties were invited to under the National Environmental Administration (FAA), DOT. participate in this rulemaking effort by Policy Act in accordance with FAA ACTION: Final rule. submitting written comments on the Order 1050.1E, ‘‘Environmental SUMMARY: This action establishes Class proposal to the FAA. No comments Impacts: Policies and Procedures,’’ were received. Class D airspace E airspace at Chenega Bay, AK, to paragraph 311a. This airspace action is accommodate aircraft using a new Area designations are published in paragraph not expected to cause any potentially 5000 of FAA Order 7400.9V dated Navigation (RNAV) Global Positioning significant environmental impacts, and System (GPS) standard instrument August 9, 2011, and effective September no extraordinary circumstances exist 15, 2011, which is incorporated by approach procedures at Chenega Bay that warrant preparation of an Airport. This improves the safety and reference in 14 CFR Part 71.1. The Class environmental assessment. D airspace designations listed in this management of Instrument Flight Rules document will be published List of Subjects in 14 CFR Part 71 (IFR) operations at the airport. subsequently in the Order. Airspace, Incorporation by reference, DATES: Effective date, 0901 UTC, Navigation (Air). November15, 2012. The Director of the The Rule Federal Register approves this This action amends Title 14 Code of Adoption of the Amendment incorporation by reference action under Federal Regulations (14 CFR) part 71 by In consideration of the foregoing, the 1 CFR part 51, subject to the annual amending Class D airspace at Sault Ste Federal Aviation Administration revision of FAA Order 7400.9 and Marie Airport, Sault Ste Marie, ON, amends 14 CFR part 71 as follows: publication of conforming amendments. creating additional controlled airspace FOR FURTHER INFORMATION CONTACT: to coincide with that portion of the PART 71—DESIGNATION OF CLASS A, Richard Roberts, Federal Aviation control zone in Canadian airspace. B, C, D, AND E AIRSPACE AREAS; AIR Administration, Operations Support Controlled airspace is necessary for the TRAFFIC SERVICE ROUTES; AND Group, Western Service Center, 1601 safety and management of IFR REPORTING POINTS Lind Avenue SW., Renton, WA, 98057; operations at the airport. telephone (425) 203–4517. ■ 1. The authority citation for 14 CFR The FAA has determined that this SUPPLEMENTARY INFORMATION: regulation only involves an established part 71 continues to read as follows: body of technical regulations for which Authority: 49 U.S.C. 106(g), 40103, 40113, History frequent and routine amendments are 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– On May 29, 2012, the FAA published necessary to keep them operationally 1963 Comp., p. 389. in the Federal Register a notice of current. Therefore, this regulation: (1) Is § 71.1 [Amended] proposed rulemaking (NPRM) to not a ‘‘significant regulatory action’’ establish controlled airspace at Chenega under Executive Order 12866; (2) is not ■ 2. The incorporation by reference in Bay, AK (77 FR 31548). Interested a ‘‘significant rule’’ under DOT 14 CFR 71.1 of the Federal Aviation parties were invited to participate in Regulatory Policies and Procedures (44 Administration Order 7400.9V, Airspace this rulemaking effort by submitting FR 11034; February 26, 1979); and (3) Designations and Reporting Points, written comments on the proposal to the does not warrant preparation of a dated August 9, 2011, and effective FAA. The FAA received one comment regulatory evaluation as the anticipated September 15, 2011, is amended as from the National Business Aviation impact is so minimal. Since this is a follows: Association (NBAA). routine matter that will only affect air Paragraph 5000 Class D Airspace The NBAA recommended that the traffic procedures and air navigation, it * * * * * FAA lower some of the adjacent Class is certified that this rule, when E airspace down to 1,200 feet above the promulgated, will not have a significant AGL ON D Sault Ste Marie, ON [Amended] surface to increase the efficiency of economic impact on a substantial Sault Ste Marie Airport, ON, Canada radar vectoring in the area.

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The FAA believes that lowering this Environmental Review DEPARTMENT OF COMMERCE airspace is outside the scope of this The FAA has determined that this rulemaking action and would not serve Bureau of Economic Analysis action qualifies for categorical exclusion the immediate purpose of establishing under the National Environmental 15 CFR Part 801 the airspace necessary for the safety of Policy Act in accordance with FAA aircraft within the Chenega Bay, airport Order 1050.1E, ‘‘Environmental [Docket No. 111012619–2294–04] area. Impacts: Policies and Procedures,’’ RIN 0691–AA81 Class E airspace designations are paragraph 311a. This airspace action is published in paragraph 6005, of FAA not expected to cause any potentially International Services Surveys and Order 7400.9V dated August 9, 2011, significant environmental impacts, and Direct Investment Surveys Reporting and effective September 15, 2011, which no extraordinary circumstances exist AGENCY: Bureau of Economic Analysis. is incorporated by reference in 14 CFR that warrant preparation of an 71.1. The Class E airspace designations environmental assessment. ACTION: Notice of clarification. listed in this document will be List of Subjects in 14 CFR Part 71 SUMMARY: The Bureau of Economic published subsequently in that Order. Analysis (BEA) issues this document to Airspace, Incorporation by reference, The Rule clarify for the public a rule BEA Navigation (air). published in April 2012 that set out new This action amends Title 14 Code of Adoption of the Amendment procedures BEA will follow to collect Federal Regulations (14 CFR) part 71 by data on international trade in services establishing Class E airspace extending In consideration of the foregoing, the and direct investment surveys. The upward from 700 feet above the surface, Federal Aviation Administration surveys are provided for by the at Chenega Bay Airport, to amends 14 CFR part 71 as follows: International Investment and Trade in accommodate IFR aircraft executing Services Survey Act (the Act) and the PART 71—DESIGNATION OF CLASS A, Omnibus Trade and Competitiveness new RNAV (GPS) standard instrument B, C, D AND E AIRSPACE AREAS; AIR approach procedures at the airport. This Act of 1988. Specifically, BEA clarifies TRAFFIC SERVICE ROUTES; AND that the previously issued rule does not action is necessary for the safety and REPORTING POINTS management of IFR operations. have retroactive effect, and that those entities required to complete surveys ■ The FAA has determined this 1. The authority citation for 14 CFR that BEA is currently conducting based regulation only involves an established part 71 continues to read as follows: on rules creating those surveys—the body of technical regulations for which Authority: 49 U.S.C. 106(g), 40103, 40113, 2011 BE–11, 2011 BE–15, 2012 BE–12, frequent and routine amendments are 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 2012 BE–29, 2012 BE–120, and all 2012 necessary to keep them operationally 1963 Comp., p. 389. quarterly surveys—must still complete current. Therefore, this regulation: (1) Is § 71.1 [Amended] those surveys. not a ‘‘significant regulatory action’’ DATES: August 17, 2012. under Executive Order 12866; (2) is not ■ 2. The incorporation by reference in FOR FURTHER INFORMATION CONTACT: a ‘‘significant rule’’ under DOT 14 CFR 71.1 of the Federal Aviation David H. Galler, Chief, Direct Regulatory Policies and Procedures (44 Administration Order 7400.9V, Airspace Investment Division (BE–50), Bureau of FR 11034; February 26, 1979); and (3) Designations and Reporting Points, Economic Analysis, U.S. Department of does not warrant preparation of a dated August 9, 2011, and effective Commerce, Washington, DC 20230; regulatory evaluation as the anticipated September 15, 2011 is amended as email [email protected] or phone impact is so minimal. Since this is a follows: (202) 606–9835. routine matter that will only affect air Paragraph 6005 Class E airspace areas SUPPLEMENTARY INFORMATION: The traffic procedures and air navigation, it extending upward from 700 feet or more International Investment and Trade in is certified this rule, when promulgated, above the surface of the earth. Services Survey Act (the Act) and the will not have a significant economic * * * * * Omnibus Trade and Competitiveness impact on a substantial number of small AAL AK E5 Chenega Bay, AK [New] Act of 1988 both require BEA to collect entities under the criteria of the comprehensive and reliable information Regulatory Flexibility Act. The FAA’s Chenega Bay Airport, AK (Lat. 60°04′43″ N., long. 147°59′41″ W.) on international trade in services and authority to issue rules regarding direct investment from all U.S. persons aviation safety is found in Title 49 of the That airspace extending upward from 700 feet above the surface within a 2-mile radius coming within the reporting U.S. Code. Subtitle 1, Section 106 requirements. For many years, BEA discusses the authority of the FAA of the Chenega Bay Airport, and that airspace beginning at the intersection of the 2-mile conducted these surveys only after Administrator. Subtitle VII, Aviation radius of the airport and 170° bearing of implementing the surveys through Programs, describes in more detail the Chenega Bay Airport to lat. 60°02′17″ N., notice and comment rulemaking scope of the agency’s authority. This long. 147°39′07″ W.; to lat. 60°05′06″ N., procedures. See, e.g., Direct Investment rulemaking is promulgated under the long. 147°28′33″ W.; to lat. 60°11′41″ N., Surveys: BE–12, Benchmark Survey of ° ′ ″ authority described in Subtitle VII, Part long. 147 37 16 W.; thence to the Foreign Direct Investment in the United A, Subpart I, Section 40103. Under that intersection of the 2-mile radius of Chenega States at 76 FR 79054 (December 21, Bay Airport and 353° bearing of the airport. section, the FAA is charged with 2011) or International Services Surveys: prescribing regulations to assign the use Issued in Seattle, Washington, on August 6, BE–150, Quarterly Survey of Cross- of airspace necessary to ensure the 2012. Border Credit, Debit, and Charge Card safety of aircraft and the efficient use of John Warner, Transactions at 77 FR 10958 (February airspace. This regulation is within the Manager, Operations Support Group, Western 24, 2012). Issuing the surveys using the scope of that authority as it establishes Service Center. notice and comment procedures of the controlled airspace at Chenega Bay [FR Doc. 2012–20139 Filed 8–16–12; 8:45 am] Administrative Procedure Act, 5 U.S.C. Airport, AK. BILLING CODE 4910–13–P 553 (APA) provided all potential filers

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with constructive notice of the surveys issued prior to April 24, 2012 following Electronically: Submit comments and as well as of their requirement to notice and comment rulemaking attachments, as well as hearing requests complete them. See 44 U.S.C. 1507 according to the APA. and other information, electronically at (filing a document with the Federal Dated: August 9, 2012. http://www.regulations.gov, which is Register ‘‘is sufficient to give notice of the Federal e-Rulemaking Portal. Follow Joel D. Platt, the contents of the document to the the instructions online for submitting person subject to or affected by it’’). Acting Director, Bureau of Economic comments. Please note that this docket Analysis. However, issuing surveys through may include several different Federal notice and comment was not required [FR Doc. 2012–20147 Filed 8–16–12; 8:45 am] Register notices involving active by statute. Additionally, over time BEA BILLING CODE P rulemakings, so selecting the correct found that going through the notice and notice or its ID number when submitting comment requirements of the APA to comments for this rulemaking is prepare and issue surveys on a routine DEPARTMENT OF LABOR extremely important. After accessing the basis was time-consuming, and docket (OSHA–2007–0066), look for the determined that it could collect such Occupational Safety and Health name of this rulemaking (Cranes and information just as, or perhaps more, Administration Derricks in Construction: Demolition efficiently by issuing the surveys and Underground Construction) in the through notices, rather than through 29 CFR Part 1926 column labeled ‘‘Title.’’ individual rulemakings, and by [Docket ID–OSHA–2007–0066] Facsimile: OSHA allows facsimile informing respondents directly of the transmission of comments that are 10 need to complete the surveys. See 77 FR RIN 1218–AC61 pages or fewer in length (including attachments). Fax these documents to 772 (January 6, 2012). Cranes and Derricks in Construction: To make this change, on April 24, the OSHA Docket Office at (202) 693– Demolition and Underground 2012, BEA published in the Federal 1648. OSHA does not require hard Construction Register a final rule titled, copies of these documents. Instead of ‘‘International Services Surveys and AGENCY: Occupational Safety and Health transmitting facsimile copies of Direct Investment Surveys Reporting,’’ Administration (OSHA), Labor. attachments that supplement these 77 FR 24373. That rule amended BEA’s documents (e.g., studies, journal ACTION: Direct final rule. regulations at 15 CFR parts 801–807, articles), commenters must submit these and stated that BEA will no longer issue SUMMARY: On August 9, 2010, OSHA attachments to the OSHA Docket Office, most surveys required under the Act or issued a final standard updating the Technical Data Center, Room N–2625, the Omnibus Trade and requirements for cranes and derricks OSHA, U.S. Department of Labor, 200 Competitiveness Act of 1988 following used in construction work. For most Constitution Ave. NW., Washington, DC notice and comment rulemaking construction work, the final rule 20210. These attachments must clearly procedures under the APA. BEA will replaced a prior cranes and derricks identify the sender’s name, the date, now, going forward, issue notices of its standard. However, the prior standard subject, the title of the rulemaking surveys in the Federal Register and continues to apply to demolition and (Cranes and Derricks in Construction: individually to U.S. persons required to underground construction work. Demolition and Underground complete the surveys. See 15 CFR 801.3. Through this direct final rule, OSHA is Construction) and the docket number The purpose of this notice is to clarify applying the updated requirements to (OSHA–2007–0066) so that the Docket to respondents that the final rule did not that work. With this direct final rule, Office can attach them to the alter any pre-existing response OSHA also is correcting inadvertent appropriate document. obligations; that is, the rule amending errors made to the demolition and Regular mail, express delivery, hand BEA’s regulations at 15 CFR parts 801– underground construction standards (courier) delivery, and messenger 807 does not have retroactive effect. We when it issued the final rule for cranes service: Submit comments and any also note that the APA generally and derricks in construction. additional material to the OSHA Docket prohibits an agency from implementing Office, RIN No. 1218–AC61, Technical a rule with retroactive effect. Direct DATES: This direct final rule will Data Center, Room N–2625, OSHA, U.S. investment and international trade in become effective on November 15, 2012 Department of Labor, 200 Constitution services surveys that BEA is currently unless OSHA receives a significant Ave. NW., Washington, DC 20210; conducting will continue to operate adverse comment to this direct final rule telephone: (202) 693–2350. (OSHA’s under the regulations established under or the companion proposal by TTY number is (877) 889–5627). Contact their most recent rulemaking action September 17, 2012. If OSHA receives the OSHA Docket Office for information prior to April 24, 2012. For example, adverse comment, it will publish a about security procedures concerning entities required by former 15 CFR timely withdrawal of the rule in the delivery of materials by express 806.14 to complete the BE–11 Annual Federal Register. Submit comments to delivery, hand delivery, and messenger Survey of U.S. Direct Investment this direct final rule, including service. The Docket Office will accept Abroad (see 75 FR 80294) for fiscal year comments to the information-collection deliveries (express delivery, hand 2011 are not freed of that obligation (paperwork) determination (described delivery, messenger service) during the until they receive notice from BEA of a under the section titled AGENCY Docket Office’s normal business hours, new BE–11 survey. The new procedures DETERMINATIONS), hearing requests, 8:15 a.m. to 4:45 p.m., e.t. for implementing surveys through and other information by September 17, Instructions: All submissions must notices in the Federal Register and 2012. All submissions must bear a include the Agency’s name, the title of through direct notices to respondents postmark or provide other evidence of the rulemaking (Cranes and Derricks in will be used only for surveys issued the submission date. Construction: Demolition and after the April 24, 2012 final rule. ADDRESSES: Submit comments, hearing Underground Construction), and the Accordingly, BEA’s new survey requests, and other material, identified docket number (i.e., OSHA Docket No. procedures only apply to surveys it will by Docket No. OSHA–2007–0066, by OSHA–2007–0066). OSHA will place issue in the future, not to those that it any of the following methods: comments and other material, including

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any personal information, in the public Amendments to Standards direct final rule. OSHA will treat docket without revision, and the I. Request for Comment comments received on the companion comments and other material will be proposed rule as comments regarding available online at http:// OSHA requests comment on all issues the direct final rule. OSHA also will www.regulations.gov. Therefore, OSHA related to this direct final rule, consider significant adverse comment cautions commenters about submitting including economic, paperwork, or submitted to the direct final rule as statements they do not want made other regulatory impacts of this rule on comment to the companion proposed available to the public, or submitting the regulated community. If OSHA rule. If OSHA receives a significant comments that contain personal receives no significant adverse comment adverse comment on either this direct information (either about themselves or to either the direct final rule or the final rule or the proposed rule, it will others) such as Social Security numbers, companion proposed rule, OSHA will publish a timely withdrawal of this birth dates, and medical data. publish a Federal Register document direct final rule and proceed with the Docket: To read or download confirming the effective date of this companion proposed rule. In the event comments or other material in the direct final rule and withdrawing the OSHA withdraws the direct final rule docket, go to http://www.regulations.gov companion proposed rule published in because of significant adverse comment, or to the OSHA Docket Office at the the ‘‘Proposed Rules’’ section of this OSHA will consider all timely above address. The electronic docket for Federal Register. Such confirmation comments received in response to the this direct final rule established at may include minor stylistic or technical direct final rule when it continues with http://www.regulations.gov lists most of changes to the document. For the the proposed rule. After carefully the documents in the docket. However, purpose of judicial review, OSHA considering all comments to the direct some information (e.g., copyrighted considers the date of confirmation of the final rule and the proposal, OSHA will material) is not available publicly to effective date of this direct final rule as decide whether to publish a new final read or download through this Web site. the date of promulgation. rule. All submissions, including copyrighted II. Direct Final Rulemaking OSHA determined that the subject of material, are available for inspection at In direct final rulemaking, an agency this rulemaking is suitable for direct the OSHA Docket Office. Contact the publishes a direct final rule in the final rulemaking. Under the final rule OSHA Docket Office for assistance in Federal Register with a statement that for cranes and derricks in construction, locating docket submissions. the rule will become effective unless the most construction work involving FOR FURTHER INFORMATION CONTACT: agency receives significant adverse cranes and derricks falls under new General information and press inquiries: comment within a specified period. The subpart CC of 29 CFR 1926, but Mr. Frank Meilinger, OSHA Office of agency may publish an identical underground construction and Communications, Room N–3647, U.S. proposed rule at the same time. If the demolition remain covered under the Department of Labor, 200 Constitution agency receives no significant adverse former rule (i.e., § 1926.550). These Avenue NW., Washington, DC 20210; comment in response to the direct final amendments will result in the new telephone: (202) 693–1999. rule, the agency typically confirms the subpart CC covering all construction Technical inquiries: Mr. Garvin effective date of a direct final rule operations, thereby improving worker Branch, Directorate of Construction, through a separate Federal Register safety because the new rule provides Room N–3468, OSHA, U.S. Department notice. If the agency receives a better protection to workers than the of Labor, 200 Constitution Avenue NW., significant adverse comment, the agency former rule. Moreover, these Washington, DC 20210; telephone: (202) withdraws the direct final rule and amendments will facilitate employer 693–2020; fax: (202) 693–1689. treats such comment as a response to compliance by having all construction Copies of this Federal Register the proposed rule. An agency uses operations involving cranes and notice and news releases: Electronic direct final rulemaking when it derricks subject to a single rule rather copies of these documents are available anticipates that a rule will not be than by having a few operations subject at OSHA’s Web page at http:// controversial. to a different rule. In addition, this www.osha.gov. OSHA is publishing a companion direct final rule corrects inadvertent SUPPLEMENTARY INFORMATION: proposed rule along with this direct errors made to the standards for final rule in the ‘‘Proposed Rules’’ underground construction and Table of Contents section of today’s Federal Register. For demolition when OSHA issued the final I. Request for Comment purposes of this direct final rule, a cranes rule. Therefore, OSHA does not II. Direct Final Rulemaking significant adverse comment is one that expect objections from the public to this III. Discussion of Amendments explains why the amendments to rulemaking action. Accordingly, the A. Background OSHA’s underground construction and Agency believes the regulated B. Demolition Work C. Underground Construction demolition standards would be community will welcome this effort to D. Rationale for Extending Subpart CC to inappropriate. In determining whether a harmonize the requirements regulating Demolition and Underground comment necessitates withdrawal of the crane and derrick operations in Construction direct final rule, OSHA will consider underground construction and IV. Agency Determinations whether the comment raises an issue demolition, and to remove errors that A. Final Economic Analysis and Final serious enough to warrant a substantive hinder interpretation and proper Regulatory Flexibility Analysis response in a notice-and-comment application of existing standards. B. Paperwork Reduction Act of 1995 process. OSHA will not consider a III. Discussion of Amendments C. Federalism comment recommending an additional D. State Plan States E. Unfunded Mandates Reform Act amendment to be a significant adverse A. Background comment unless the comment states F. Consultation and Coordination With OSHA designed the final rule for Indian Tribal Governments why the direct final rule would be G. Legal Considerations ineffective without the addition. cranes and derricks in construction, List of Subjects in 29 CFR Part 1926 The comment period for the proposed codified at 29 CFR part 1926, subpart Authority and Signature rule runs concurrently with that of the CC, to replace the earlier rule

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(§ 1926.550) for all construction work.1 that substantively altered the demolition §§ 1926.552 and 1926.554. Therefore, to In proposing the new cranes and and underground construction cover all construction work under derricks rule, OSHA explained that the provisions, and replace subparagraphs subpart CC, and to correct these errors, rule’s purpose was ‘‘to protect § 1926.800(t)(1) through (4). Below, OSHA is amending §§ 1926.856(c) and employees from the hazards associated OSHA describes the amendments to the 1926.858(b) by replacing the with hoisting equipment when used to demolition and underground requirements to comply with subpart perform construction activities’’ (73 FR construction standards that OSHA made DD with requirements to comply with 59714). Because OSHA developed the in the final rule for cranes and derricks subpart CC, and is amending new rule to supplant the former rule in construction (including inadvertent § 1926.858(b) by reinstating the entirely, OSHA proposed to remove and errors), as well as the revisions and requirement to comply with subpart N reserve § 1926.550 (73 FR 59915). When corrections to these standards made by as well. other OSHA construction standards OSHA under this direct final rule. C. Underground Construction referred to § 1926.550 directly, or B. Demolition Work indirectly, as part of subpart N, OSHA Section 1926.800(t) contains proposed to amend those provisions to Before OSHA issued the final rule for requirements for hoisting that are refer instead to the new requirements in cranes and derricks in construction, unique to underground construction. subpart CC (73 FR 59914–15). § 1926.856(c) stated, ‘‘Mechanical Before OSHA issued the final rule for In the proposed rule for cranes and equipment used shall meet the cranes and derricks in construction, the derricks in construction, OSHA requirements specified in subparts N previous version of § 1926.800(t) inadvertently did not propose to amend and O of this part,’’ and § 1926.858(b) contained an introductory paragraph three provisions that referred to subpart read, ‘‘Cranes, derricks, and other that cross-referenced other OSHA N and encompassed the requirements of hoisting equipment used shall meet the standards that apply to hoisting in § 1926.550. These provisions included requirements specified in subpart N of underground construction; these cross- two provisions applicable to demolition this part.’’ In the final rule for cranes references consisted of the requirements work (§ 1926.856(c) and § 1926.858(b)), and derricks in construction, OSHA of the prior cranes and derricks rule at and one provision applicable to established a new subpart DD, § 1926.550, including most of underground construction work redesignated the prior cranes and § 1926.550(g) (the provision of the prior (§ 1926.800(t)). When it issued the final derricks rule (§ 1926.550) as § 1926.1501 rule that applied to hoisting personnel), rule, OSHA noted concerns about of subpart DD, and amended and requirements for material hoists, potentially inadequate notice to the § 1926.856(c) to require compliance personnel hoists, and elevators at public regarding any effort to amend with the new subpart DD, in addition to § 1926.552(a) through (d). Previous these provisions in the final rule; the remaining requirements of subparts § 1926.800(t) included one substantive consequently, OSHA decided not to N and O. OSHA also amended modification to the requirements of amend these provisions in the final rule. § 1926.858(b) to require compliance prior § 1926.550(g)(2): employers could OSHA instead stated that it would with new subpart DD instead of subpart use cranes to hoist employees for revisit the issue later (75 FR 47920–21). N. routine access to underground worksites Having removed the requirements of It was OSHA’s expressed purpose not via a shaft without showing that § 1926.550 in the final rule, OSHA had to make substantive revisions to the conventional means would be more to reestablish the substance of the requirements of these two sections in hazardous, or not possible, for this demolition and underground the final rule.2 Nevertheless, OSHA purpose due to structural design or construction provisions in a new made an inadvertent substantive change worksite conditions.4 When it issued subpart DD in the final rule, redesignate to § 1926.858(b).3 That section originally the underground construction rule, § 1926.550 as § 1926.1501 of subpart incorporated all requirements of subpart OSHA included this modification DD, and amend the demolition and N for ‘‘cranes, derricks, and other because hoisting personnel for routine underground construction provisions hoisting equipment,’’ not just the access to the underground worksites via that previously referred to subpart N to requirements of subpart N’s cranes and a shaft occurs under more controlled, refer instead to the new subpart DD. derricks standard at § 1926.550. and less hazardous, conditions than OSHA provided in § 1926.1500 of However, the final rule did not hoisting personnel in general (54 FR subpart DD that ‘‘[t]his subpart applies reference other requirements of subpart 23824, 23845). Previous § 1926.800(t)(1) in lieu of § 1926 subpart CC.’’ However, N that pertain to demolition work, through (4) contained additional in making these revisions, OSHA which include the requirements of requirements for hoisting unique to inadvertently made changes to the § 1926.552 (Material hoists, personnel underground construction. Language at demolition and underground hoists, and elevators) and § 1926.554 the beginning of the introductory construction provisions that modified (Overhead hoists). As a result, the paragraph of § 1926.800(t), ‘‘Except as the meaning of these provisions. In amendment had the effect of deleting modified by this paragraph (t),’’ clarified addition, the Code of Federal the requirement for employers engaged that the requirements and exceptions in Regulations eliminated all of the in demolition work to comply with 1926.800(t)(1) through (4) take subparagraphs of § 1926.800(t), except precedence over the cross-referenced for the introductory paragraph, because 2 OSHA explained in the preamble to the final requirements, including the former of a technical error in the draft rule that the ‘‘redesignation of § 1926.550 and the cranes standard under § 1926.550. replacement of references [to subpart N] do not alter In the final cranes rule, OSHA regulatory language. any of the substantive requirements of This direct final rule, therefore, will redesignated the prior cranes and §§ 1926.856(c) and 1926.858(b)’’ (75 FR 47921). derricks rule as § 1926.1501 of subpart accomplish two goals. First, it will bring 3 OSHA also inadvertently listed the heading of all crane and derrick use in construction § 1926.858 as ‘‘Removal of walls, floors and DD. It was OSHA’s expressed purpose to work under new subpart CC. Second, it materials with equipment’’ (the same heading as will correct the errors in the final rule § 1926.856), instead of ‘‘Removal of steel 4 Prior § 1926.550(g)(2) required employers to construction,’’ but this erroneous heading did not show, before using cranes to hoist personnel to a appear in the subsequent edition of the Code of worksite, that conventional means would be more 1 OSHA published the final rule at 75 FR 47906 Federal Regulations. Therefore, OSHA finds no hazardous than cranes, or not possible, due to (Aug. 9, 2010). need to address this error in this rulemaking. structural design or worksite conditions.

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preserve the existing crane requirements without showing that other means of ensure that the significant benefits of for underground construction by access are more hazardous or subpart CC, which include saving 22 changing references in the introductory impossible. OSHA did not include this lives per year and preventing 175 non- paragraph of § 1926.800(t) from exception in the new version of fatal injuries per year compared to prior § 1926.550 and § 1926.500(g)(2) to § 1926.800(t). This inadvertent error § 1926.550 (75 FR 48079), extend to § 1926.1501 and § 1926.1501(g)(2), places an additional and unnecessary demolition and underground respectively. OSHA clarified this burden on employers that use cranes for construction. Accordingly, applying purpose in the preamble to the final rule this purpose. Third, moving the text subpart CC to demolition and by stating that the revisions to ‘‘Except as modified by paragraph (t)’’ to underground construction will ensure § 1926.800(t) ‘‘do not alter any of the the beginning of the second sentence of that construction workers in those substantive requirements of the introductory paragraph of sectors receive the same safety § 1926.800(t)’’ (75 FR 47920). However, § 1926.800(t) results in ambiguity as to protections from new subpart CC as OSHA inadvertently changed the relationship between incorporated other construction workers. § 1926.800(t) by amending the crane requirements and the provisions The revisions also will benefit introductory paragraph to require in § 1926.800(t)(1) through (4). Finally, construction contractors that engage in employers engaged in underground the inadvertent elimination of underground construction or demolition construction to comply only with new § 1926.800(t)(1) through (4) from the work, in addition to other types of § 1926.1501(g) (which duplicated Code of Federal Regulations resulted in construction work, because these § 1926.550(g)), instead of preserving the eliminating requirements that OSHA contractors will now be subject to a former routine-access exemption by adopted in a 1989 rulemaking (54 FR single standard rather than having some requiring compliance with § 1926.1501 23843) to ensure that employees of their activities covered under subpart in its entirety, and modifying the engaged in underground construction CC and other work covered by subpart requirements of § 1926.1501(g)(2) receive adequate protection from DD. This action will avoid the confusion (which duplicated former hazards unique to hoisting in this that would result if new subpart CC § 1926.550(g)(2)).5 Additionally, OSHA setting. covers part of a project and revised inadvertently moved the language In this direct final rule, OSHA is § 1926.800(t) covers another part of the ‘‘Except as modified by paragraph (t)’’ to amending § 1926.800(t) to extend project. For example, in a cut-and-cover the beginning of the second sentence of subpart CC to underground tunneling project, the underground the introductory paragraph so that it no construction, and to resolve the construction standard applies only after longer applied to the cross-referenced technical errors set forth in this section. covering the excavation in such a § 1926.1501 requirements, but instead OSHA is amending the introductory manner as to establish conditions only applied to the cross-referenced paragraph of § 1926.800(t) to restore the characteristic of underground requirements in § 1926.552(a) through provision allowing employers to use construction. 29 CFR 1926.800(a). (d). Finally, although OSHA did not cranes to hoist personnel for routine Therefore, under the current plan to alter any of the (then remaining) access to the underground worksites via requirements, subpart CC would apply requirements and exemptions of a shaft without the need to show that to the work while the excavation is § 1926.800(t)(1) through (4), but only to conventional means of access are more open, but after covering the excavation, amend the introductory paragraph, a hazardous or impossible for this subpart DD would apply, thereby technical error in the instructions to the purpose. This amendment excepts resulting in the same crane or derrick Federal Register resulted in the deletion routine access of employees to an being subject to different standards of subparagraphs § 1926.800(t)(1) underground worksite via a shaft from during different phases of the project. through (4). The deletion was not the requirements of § 1926.1431(a). The Finally, this action will facilitate mentioned in the preamble to the final requirements of § 1926.1431(a) are employer compliance because cranes rule. virtually identical to the requirements of demolition and underground As amended by the final cranes rule, § 1926.550(g)(2). In addition, OSHA is construction contractors will no longer § 1926.800(t) presents four problems. amending § 1926.800(t) by restoring the be subject to the outdated requirements First, the prior version of § 1926.800(t) clause ‘‘Except as modified by this in prior § 1926.550, which relied incorporated all of § 1926.550, not just paragraph (t)’’ to the beginning of the heavily on pre-1970 consensus § 1926.550(g). However, the amended introductory paragraph, and restoring standards. version of § 1926.800(t) refers only to § 1926.800(t)(1) through (4). OSHA is § 1926.1501(g), the successor to also revising the language in the IV. Agency Determinations § 1926.550(g). Therefore, as now introductory paragraph for clarity, and A. Final Economic Analysis and Final written, § 1926.800(t) does not explicitly is correcting three minor grammatical Regulatory Flexibility Analysis require employers to comply with either errors that appeared in the text of the final cranes rule or the prior rule at paragraphs § 1926.800(t)(3)(vi), When it issued the final cranes rule, § 1926.550, except for § 1926.1501(g), (t)(4)(iii), and (t)(4)(iv), as previously OSHA prepared a final economic the prior rule’s provision on hoisting published in the Code of Federal analysis (FEA) as required by the personnel. Second, the exception from Regulations. Occupational Safety and Health Act of § 1926.550(g)(2), specified in the former 1970 (OSH Act; 29 U.S.C. 651 et seq.) D. Rationale for Extending Subpart CC version of § 1926.800(t), provided that and Executive Order 12866 (58 FR to Demolition and Underground employers could use cranes to hoist 51735). OSHA also published a Final personnel for routine access to Construction Regulatory Flexibility Analysis (FRFA) underground worksites via a shaft The revisions made by this direct as required by the Regulatory Flexibility final rule will enable OSHA to cover all Act (5 U.S.C. 601–612). OSHA’s 5 OSHA stated in the final rule that it was cranes and derricks used in construction approach to estimating costs and including the reference to § 1926.1501(g) to avoid under subpart CC. These revisions economic impacts in these analyses any potential notice problem that may arise if implement the original purpose of the began by estimating, for all construction OSHA substituted a reference to subpart CC in place of the prior reference to § 1926.550(g) (75 FR rule and will benefit both employees sectors, the total number of cranes and 47920). and employers. These revisions will whether they were owned and rented;

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owned without rental; or leased. As a activities. Table B–9 of the FEA showed In Table B–12 of the FEA for the final result, both analyses covered all cranes that NAICS 237990, which includes all cranes rule, OSHA examined the costs engaged in construction activities, crane operations involved in as a percentage of revenues and as a including cranes engaged in underground construction operations, percentage of profits in these two underground construction and cranes had annualized compliance costs of sectors. This table shows that, for both engaged in construction work involving $1,903,569 for firms that own and rent sectors, the greatest potential impacts demolition. The FEA for the final cranes cranes, $205,532 for firms that own, but were on establishments that own and standard, which included all cranes, do not rent cranes, and $1,151,759 for rent cranes with operators. This table crane operations, and industry sectors firms that lease cranes, for total showed that for NAICS 237990, which subject to this direct final rule, found annualized costs of $3,260,860 (75 FR includes all underground construction that the requirements of the rule were 48102–48105). Table B–9 also showed operations, costs were 0.18 percent (less technologically and economically that NAICS 238910, which contains all than 1 percent) of revenues and 3.54 feasible. crane operations involving demolitions, percent of profits. This table also Because the FEA drew these had annualized compliance costs of showed that for NAICS 238910, conclusions from calculations $1,232,974 for firms that own and rent including all demolition operations encompassing all of the underground cranes, $292,601 for firms that own, but involving cranes, costs were 0.18 construction and demolition crane do not rent cranes, and $1,626,463 for percent of revenues and 4.05 percent of operations covered by this direct final firms that lease cranes, for total profits. (Table B–12 and the FEA as a rule, the conclusions in the earlier FEA annualized compliance costs of whole provide the full calculations and are valid for this direct final rule. The $3,152,038. The total annualized derivations.) The FEA from the final reference to the FEA for the final cranes compliance costs for both sectors are cranes standard stated: rule, therefore, establishes that this $6,412,898. Because these two NAICS direct final rule is technologically and The Agency concludes that the final sectors include operations not involved standard is economically feasible for the economically feasible, addresses in underground construction or affected industries. As described above, a significant risks, and reduces those risks demolition, the total estimated standard is economically feasible if there is significantly. The FEA, which OMB annualized compliance costs of a reasonable likelihood that the estimated reviewed, meets the requirements of $6,412,898 for these two sectors will be costs of compliance ‘‘will not threaten the Executive Orders 12866 and Executive greater than the actual costs of this existence or competitive structure of an Order 13563 with respect to the direct final rule. Based on these costs, industry, even if it does portend disaster for some marginal firms.’’ United Steelworkers of operations covered by this direct final OSHA concludes that this direct final rule; OSHA included these operations America v. Marshall, 647 F.2d 1189, 1272 rule is not a significant rule under either (D.C. Cir. 1980). The potential impacts on in the FEA for the final cranes standard. E.O. 12866 or the Unfunded Mandates Therefore, OSHA believes that that this employer costs associated with achieving Act. compliance with the final standard fall well direct final rule also complies with within the bounds of economic feasibility in Executive Orders 12866 and Executive With respect to technological feasibility, the earlier FEA, which each industry sector. Costs of 0.2 percent of Order 13563. revenues and 4 percent of profits will not To determine if this direct final rule included consideration of both threaten the existence of the construction has annual costs of greater than $100 underground construction and industry, affected general industry sectors, or million, or would have a significant demolition operations, noted: the use of cranes in affected industry sectors. economic impact on a substantial In accordance with the OSH Act, OSHA is OSHA does not expect compliance with the number of small firms, OSHA examined required to demonstrate that occupational requirements of the final standard to threaten the sectors most affected by this direct safety and health standards promulgated by the viability of employers or the competitive final rule. This direct final rule affects the Agency are technologically feasible. structure of any of the affected industry two construction sectors: NAICS 237990 Accordingly, OSHA reviewed the sectors. When viewed in the larger context of requirements that would be imposed by the the construction sector, an increase in costs (Other Heavy and Civil Engineering of $148.2 million a year is effectively Construction), which includes all final regulation, and assessed their technological feasibility. As a result of this negligible, and will have no noticeable effect establishments engaged in underground review, OSHA has determined that on the demand for construction services. construction, and NAICS 238910 (Site compliance with the requirements of the Even when viewed as an increase in the costs Preparation Contractors), which final standard is technologically feasible for of using cranes, an increase in the cost of includes all establishments engaged in all affected industries. The standard would rentals services of 0.2 percent will not cause demolition. This analysis, therefore, require employers to perform crane the construction industry to forego the use of reviews the results for these two sectors inspections, utilize qualified or certified cranes and, thus, put crane leasing firms out reported in the final crane standard’s crane operators, address ground conditions, of business. FEA, which the Federal Register maintain safe distances from power lines (75 FR 48112). Because the earlier FEA published on August 9, 2010. using the encroachment prevention drew this conclusion with respect to That FEA simply considered all precautions, and to fulfill other obligations costs that included the costs of this under the standard. Compliance with all of cranes and crane operations in these these requirements can be achieved with direct final rule, as well as other costs sectors, and did not analyze separately readily and widely available technologies. that made the impacts greater than those those operations involving underground Some businesses in the affected industries of this direct final rule, OSHA construction or demolitions because already implement the requirements of the concludes that the FEA for the cranes OSHA planned to apply subpart CC to standard to varying degrees (some states have and derricks final rule demonstrates that these operations. OSHA will report here requirements), as noted during the SBREFA this direct final rule is economically the results for these entire sectors, Panel. OSHA believes that there are no feasible. which will inevitably involve greater technological constraints in complying with Tables B–14 and B–15 of the FEA for costs and impacts than for the activities any of the proposed requirements, and the cranes and derricks final rule addressed in this direct final rule received no comments that suggested that examined the costs as a percentage of these standards were technologically because both sectors have many cranes infeasible. revenues and as a percentage of profits and crane jobs that do not involve in these two sectors for small firms as underground construction or demolition (75 FR 48095). defined by SBA, and very small entities

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with less than 20 employees, This direct final rule requires no must limit any such preemption to the respectively. Because so many firms additional collection of information.8 extent possible. owning cranes are small, there is no OMB’s approval of OSHA’s ICR under Under Section 18 of the OSH Act, appreciable difference between the Control Number 1218–0261 already Congress expressly provides that states impacts on small and very small firms covers all collections of information may adopt, with Federal approval, a versus the impacts for all firms already required by this direct final rule, and plan for the development and discussed. Comparison of the two tables OSHA does not believe it is necessary enforcement of occupational safety and shows that, for NAICS 237990, the to submit a new ICR to OMB seeking to health standards. States that obtain impacts for very small firms were equal collect additional information under Federal approval for such a plan are to or greater than those for small firms. this direct final rule. referred to as ‘‘State Plan States.’’ Table B–15 shows that, for NAICS Interested parties who comment on Occupational safety and health 237990, costs were 0.18 percent of OSHA’s determination that this standards developed by State Plan revenues and 3.54 per cent of profits. proposal contains no additional States must be at least as effective in This table also shows that, for NAICS paperwork requirements must send providing safe and healthful 238910, including all demolition their written comments to the Office of employment and places of employment operations involving cranes, there were Management and Budget, Attn: OMB as the Federal standards. 29 U.S.C. 667. no very small entities that owned and Desk Officer for OSHA, Room 10235, Subject to these requirements, State rented cranes, with the result that the 726 Jackson Place NW., Washington, DC Plan States are free to develop and greatest impacts are for small entities 20503. OSHA also encourages enforce under state law their own that own and rent crane where costs are commenters to submit their comments requirements for safety and health 0.18 percent of revenues and 4.05 on this paperwork determination to it, standards. OSHA previously concluded from its percent of profits. along with their other comments on the analysis that promulgation of subpart In its regulatory flexibility analysis, direct final rule. CC complies with Executive Order OSHA generally defines a significant OSHA notes that a Federal agency economic impact on small entities as 13132. 75 FR 48128–29. That analysis cannot conduct or sponsor a collection applies to the extension of subpart CC one with costs in excess of one percent of information unless OMB approves it of revenues or five percent of profits. to establishments engaged in demolition under the Paperwork Reduction Act of work and underground construction; The possible costs of this direct final 1995 (44 U.S.C. 3501 et seq.), and the rule clearly are well below these therefore, this direct final rule complies agency displays a currently valid OMB with Executive Order 13132. In states thresholds. OSHA, therefore, certifies control number. The public need not that this direct final rule will not have without an OSHA-approved State Plan, respond to a collection of information any standard developed from this direct a significant economic impact on a requirement unless the agency displays final rule would limit state policy substantial number of small entities. a currently valid OMB control number, options in the same manner as every B. Paperwork Reduction Act of 1995 and, notwithstanding any other standard promulgated by OSHA. In provision of law, no person shall be states with OSHA-approved State Plans, When OSHA issued the final rule on subject to a penalty for failing to comply August 9, 2010, it submitted an this rulemaking does not significantly with a collection of information limit state policy options. Information Collection Request (ICR) to requirement if the requirement does not the Office of Management and Budget display a currently valid OMB control D. State Plan States (OMB) titled Cranes and Derricks in number. When Federal OSHA promulgates a Construction (29 CFR Part 1926, new standard or more stringent 6 C. Federalism Subpart CC). This ICR covered all amendment to an existing standard, establishments in the construction OSHA reviewed this direct final rule State Plan States must amend their industry, including all of the in accordance with the Executive Order standards to reflect the new standard or establishments in NAICS 237990 and on Federalism (Executive Order 13132, amendment, or show OSHA why such NAICS 238910. On November 1, 2010, 64 FR 43255, August 10, 1999), which action is unnecessary, e.g., because an OMB approved the ICR under OMB requires that Federal agencies, to the existing state standard covering this area control number 1218–0261, with an extent possible, refrain from limiting is ‘‘at least as effective’’ as the new expiration date of November 30, 2013. state policy options, consult with states Federal standard or amendment. 29 CFR Subsequently, in December 2010, OSHA prior to taking any actions that would 1953.5(a). The state standard must be at discontinued the Cranes and Derricks restrict state policy options, and take least as effective as the final Federal Standard for Construction (29 CFR such actions only when clear rule. State Plan States must adopt the 1926.550) ICR (OMB Control Number constitutional authority exists and the Federal standard or complete their own 1218–0113) because the new ICR problem is national in scope. Executive standard within six months of the superseded the existing ICR. In Order 13132 provides for preemption of promulgation date of the final Federal addition, OSHA retitled the new ICR to state law only with the expressed rule. When OSHA promulgates a new Cranes and Derricks in Construction (29 consent of Congress. Federal agencies standard or amendment that does not CFR Part 1926, Subpart CC and Subpart impose additional or more stringent DD).7 8 Although the final rule for cranes and derricks requirements than an existing standard, in construction did not require employers covered State Plan States are not required to 6 The ICR is part of Exhibit 0425 in the docket for by subpart DD to meet the information-exchange amend their standards, although OSHA the final rule on cranes and derricks in construction requirements of subpart CC, OSHA did not subtract (OSHA–2007–0066). It is available at these employers from its analysis of the burden and may encourage them to do so. The 27 www.regulations.gov and at www.reginfo.gov (OMB costs for these requirements in the paperwork states and U.S. territories with OSHA- Control Number 1218–0261). analysis for subpart CC. Therefore, this approach approved occupational safety and health 7 The request and OMB approval for inflated the burden and costs estimates of the ICR plans are: Alaska, Arizona, California, discontinuing the previous Cranes and Derricks in approved by OMB for subpart CC; however, the Construction ICR (OMB Control Number 1218– burden and costs estimates are accurate now that Hawaii, Indiana, Iowa, Kentucky, 0113) and the retitling of the ICR are available at OSHA is applying subpart CC to underground Maryland, Michigan, Minnesota, www.reginfo.gov. construction and demolition work. Nevada, New Mexico, North Carolina,

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Oregon, Puerto Rico, South Carolina, F. Consultation and Coordination With single standard rather than having some Tennessee, Utah, Vermont, Virginia, Indian Tribal Governments of their construction work under Washington, and Wyoming; OSHA reviewed this direct final rule subpart CC, and other work covered by Connecticut, Illinois, New Jersey, New in accordance with Executive Order existing subpart DD. This action, York, and the Virgin Islands have 13175 (65 FR 67249) and determined therefore, will clarify employer OSHA-approved State Plans that apply that it does not have ‘‘tribal obligations by avoiding the confusion to state and local government employees implications’’ as defined in that order. that would result if subpart CC covers only. The final rule does not have substantial part of a project and existing subpart DD The amendments in this direct final direct effects on one or more Indian covers another part of the project. rule will result in more stringent tribes, on the relationship between the Accordingly, it is unnecessary to make requirements for cranes and derricks Federal government and Indian tribes, a separate determination of significant used in demolition and underground or on the distribution of power and risk, or the extent to which this rule construction work. Therefore, when responsibilities between the Federal would reduce that risk, as typically required by the Industrial Union OSHA promulgates a new final rule, government and Indian tribes. Department. states and territories with approved G. Legal Considerations State Plans must adopt comparable List of Subjects in 29 CFR Part 1926 The purpose of the Occupational amendments to their standards for Construction industry, Demolition, cranes and derricks used in demolition Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) is ‘‘to assure so far as Occupational safety and health, Safety, and underground construction within Underground construction. six months of OSHA’s promulgation of possible every working man and woman the final rule (i.e., the date OSHA in the nation safe and healthful working Authority and Signature conditions and to preserve our human publishes confirmation of the effective David Michaels, Ph.D., MPH, date) unless they demonstrate that such resources.’’ 29 U.S.C. 651(b). To achieve this goal, Congress authorized the Assistant Secretary of Labor for a change is not necessary because their Occupational Safety and Health, U.S. existing standards are already the same, Secretary of Labor to promulgate and enforce occupational safety and health Department of Labor, 200 Constitution or at least as effective, as OSHA’s new Ave. NW., Washington, DC 20210, final rule. standards. 29 U.S.C. 654(b), 655(b). A safety or health standard is a standard authorized the preparation of this E. Unfunded Mandates Reform Act ‘‘which requires conditions, or the notice. OSHA is issuing this direct final adoption or use of one or more rule under the following authorities: 29 When OSHA issued the final rule for practices, means, methods, operations, U.S.C. 653, 655, 657; 40 U.S.C. 3701 et cranes and derricks in construction, it or processes, reasonably necessary or seq.; 5 U.S.C. 553; Secretary of Labor’s reviewed the rule according to the appropriate to provide safe or healthful Order No. 1–2012 (77 FR 3912, Jan. 25, Unfunded Mandates Reform Act of 1995 employment or places of employment.’’ 2012); and 29 CFR part 1911. (UMRA; 2 U.S.C. 1501 et seq. (58 FR 29 U.S.C. 652(8). A standard is Signed at Washington, DC, on August 8, 58093)), and Executive Order 12875 (75 reasonably necessary or appropriate 2012. FR 48130). OSHA concluded that the within the meaning of Section 652(8) David Michaels, final rule did not meet the definition of when a significant risk of material harm Assistant Secretary of Labor for Occupational a ‘‘Federal intergovernmental mandate’’ exists in the workplace and the standard Safety and Health. under the UMRA because OSHA would substantially reduce or eliminate Amendments to Standards standards do not apply to state or local that workplace risk. See Industrial governments except in states that have Union Department, AFL–CIO v. For the reasons stated in the preamble voluntarily adopted State Plans. OSHA American Petroleum Institute, 448 U.S. of this direct final rule, OSHA is further noted that the rule imposed 607 (1980). In the cranes and derricks amending 29 CFR part 1926 as follows: costs of over $100 million per year on final rule, OSHA made such a PART 1926—[AMENDED] the private sector and, therefore, determination with respect to the use of required review under the UMRA for cranes and derricks in construction at Subpart S—Underground those costs, but that its final economic the same time that it noted that the analysis met that requirement. Construction, Caissons, Cofferdams, Agency would apply subpart CC to the and Compressed Air As discussed above in Section IV.A activities addressed in this direct final (Final Economic Analysis and Final rule (75 FR 47913, 47920–21). ■ 1. Revise the authority citation for Regulatory Flexibility Analysis) of this This direct final rule will not reduce subpart S of 29 CFR part 1926 to read preamble, this direct final rule does not the employee protections put into place as follows: impose any costs on private-sector by the standard OSHA is updating Authority: 40 U.S.C. 3701; 29 U.S.C. 653, employers beyond those costs already under this rulemaking. Instead, this 655, 657; and Secretary of Labor’s Orders 12– taken into account in the final rule for rulemaking likely will enhance 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 cranes and derricks in construction. employee safety by ensuring that the (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 Because OSHA reviewed the total costs construction workers involved in FR 111), 5–2007 (72 FR 31159), or 1–2012 (77 of this final rule under the UMRA, no demolition and underground FR 3912), as applicable. further review of those costs is construction receive the same safety ■ 2. Amend § 1926.800 by revising necessary. Therefore, for the purposes of protections from recently published paragraph (t) to read as follows: the UMRA, OSHA certifies that this subpart CC as other construction direct final rule does not mandate that workers. The revisions also will benefit § 1926.800 Underground construction. state, local, or tribal governments adopt construction contractors that engage in * * * * * new, unfunded regulatory obligations, underground construction or demolition (t) Hoisting unique to underground or increase expenditures by the private work in addition to other types of construction. Except as modified by this sector of more than $100 million in any construction work, because these paragraph (t), employers must: Comply year. contractors will now be subject to a with the requirements of subpart CC of

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this part, except that the limitation in ensure that the wedge is properly (xii) Hoists shall be equipped with § 1926.1431(a) does not apply to the seated. limit switches to prevent overtravel at routine access of employees to an (2) Additional requirements for the top and bottom of the hoistway. underground worksite via a shaft; cranes. Cranes shall be equipped with a (xiii) Limit switches are to be used ensure that material hoists comply with limit switch to prevent overtravel at the only to limit travel of loads when § 1926.552(a) and (b) of this part; and boom tip. Limit switches are to be used operational controls malfunction and ensure that personnel hoists comply only to limit travel of loads when shall not be used as a substitute for with the personnel-hoists requirements operational controls malfunction and other operational controls. of § 1926.552(a) and (c) of this part and shall not be used as a substitute for (xiv) Hoist operators shall be provided the elevator requirements of other operational controls. with a closed-circuit voice § 1926.552(a) and (d) of this part. (3) Additional requirements for hoists. communication system to each landing (1) General requirements for cranes (i) Hoists shall be designed so that the station, with speaker microphones so and hoists. (i) Materials, tools, and load hoist drum is powered in both located that the operator can supplies being raised or lowered, directions of rotation, and so that brakes communicate with individual landing whether within a cage or otherwise, are automatically applied upon power stations during hoist use. shall be secured or stacked in a manner release or failure. (xv) When sinking shafts 75 feet to prevent the load from shifting, (ii) Control levers shall be of the (22.86 m) or less in depth, cages, skips, snagging or falling into the shaft. ‘‘deadman type’’ which return and buckets that may swing, bump, or (ii) A warning light suitably located to automatically to their center (neutral) snag against shaft sides or other warn employees at the shaft bottom and position upon release. structural protrusions shall be guided by subsurface shaft entrances shall flash (iii) When a hoist is used for both fenders, rails, ropes, or a combination of whenever a load is above the shaft personnel hoisting and material those means. (xvi) When sinking shafts more than bottom or subsurface entrances, or the hoisting, load and speed ratings for 75 feet (22.86 m) in depth, all cages, load is being moved in the shaft. This personnel and for materials shall be skips, and buckets shall be rope or rail paragraph does not apply to fully assigned to the equipment. guided to within a rail length from the enclosed hoistways. (iv) Material hoisting may be sinking operation. (iii) Whenever a hoistway is not fully performed at speeds higher than the rated speed for personnel hoisting if the (xvii) Cages, skips, and buckets in all enclosed and employees are at the shaft completed shafts, or in all shafts being bottom, conveyances or equipment shall hoist and components have been designed for such higher speeds and if used as completed shafts, shall be rope be stopped at least 15 feet (4.57 m) or rail-guided for the full length of their above the bottom of the shaft and held shaft conditions permit. (v) Employees shall not ride on top of travel. there until the signalman at the bottom any cage, skip or bucket except when (xviii) Wire rope used in load lines of of the shaft directs the operator to necessary to perform inspection or material hoists shall be capable of continue lowering the load, except that maintenance of the hoisting system, in supporting, without failure, at least five the load may be lowered without which case they shall be protected by a times the maximum intended load or stopping if the load or conveyance is body belt/harness system to prevent the factor recommended by the rope within full view of a bottom signalman falling. manufacturer, whichever is greater. who is in constant voice communication (vi) Personnel and materials (other Refer to § 1926.552(c)(14)(iii) of this part with the operator. than small tools and supplies secured in for design factors for wire rope used in (iv)(A) Before maintenance, repairs, or a manner that will not create a hazard personnel hoists. The design factor shall other work is commenced in the shaft to employees) shall not be hoisted be calculated by dividing the breaking served by a cage, skip, or bucket, the together in the same conveyance. strength of wire rope, as reported in the operator and other employees in the However, if the operator is protected manufacturer’s rating tables, by the total area shall be informed and given from the shifting of materials, then the static load, including the weight of the suitable instructions. operator may ride with materials in wire rope in the shaft when fully (B) A sign warning that work is being cages or skips which are designed to be extended. done in the shaft shall be installed at the controlled by an operator within the (xix) A competent person shall shaft collar, at the operator’s station, cage or skip. visually check all hoisting machinery, and at each underground landing. (vii) Line speed shall not exceed the equipment, anchorages, and hoisting (v) Any connection between the design limitations of the systems. rope at the beginning of each shift and hoisting rope and the cage or skip shall (viii) Hoists shall be equipped with during hoist use, as necessary. be compatible with the type of wire rope landing level indicators at the operator’s (xx) Each safety device shall be used for hoisting. station. Marking the hoist rope does not checked by a competent person at least (vi) Spin-type connections, where satisfy this requirement. weekly during hoist use to ensure used, shall be maintained in a clean (ix) Whenever glazing is used in the suitable operation and safe condition. condition and protected from foreign hoist house, it shall be safety glass, or (xxi) In order to ensure suitable matter that could affect their operation. its equivalent, and be free of distortions operation and safe condition of all (vii) Cage, skip, and load connections and obstructions. functions and safety devices, each hoist to the hoist rope shall be made so that (x) A fire extinguisher that is rated at assembly shall be inspected and load- the force of the hoist pull, vibration, least 2A:10B:C (multi-purpose, dry tested to 100 percent of its rated misalignment, release of lift force, or chemical) shall be mounted in each capacity: at the time of installation; after impact will not disengage the hoist house. any repairs or alterations affecting its connection. Moused or latched open- (xi) Hoist controls shall be arranged so structural integrity; after the operation throat hooks do not meet this that the operator can perform all of any safety device; and annually when requirement. operating cycle functions and reach the in use. The employer shall prepare a (viii) When using wire rope wedge emergency power cutoff without having certification record which includes the sockets, means shall be provided to to reach beyond the operator’s normal date each inspection and load-test was prevent wedge escapement and to operating position. performed; the signature of the person

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who performed the inspection and test; (viii) The personnel platform may Niagara River, Grand Island, NY. This and a serial number or other identifier travel over the controlled length of the safety zone is intended to restrict for the hoist that was inspected and hoistway at rated speeds up to 600 feet vessels from a portion of the Niagara tested. The most recent certification (182.88 m) per minute during sinking River during the Antique Boat Show record shall be maintained on file until operations in shafts where guides and powerboat races. This safety zone is completion of the project. safeties are used. necessary to protect spectators, (xxii) Before hoisting personnel or (ix) The personnel platform may participants, and vessels from the material, the operator shall perform a travel at rated speeds greater than 600 hazards associated with powerboat test run of any cage or skip whenever it feet (182.88 m) per minute in completed races. has been out of service for one complete shafts. DATES: This regulation will be effective shift, and whenever the assembly or * * * * * on September 8, 2012 from 9:30 a.m. components have been repaired or until 4:30 p.m. adjusted. Subpart T—Demolition. ADDRESSES: Comments and material (xxiii) Unsafe conditions shall be ■ 3. Revise the authority citation for received from the public, as well as corrected before using the equipment. documents indicated in this preamble as (4) Additional requirements for subpart T of 29 CFR part 1926 to read as follows: being available in the docket, are part of personnel hoists. (i) Hoist drum systems docket USCG–2012–0043 and are shall be equipped with at least two Authority: 40 U.S.C. 3701; 29 U.S.C. 653, available online at www.regulations.gov. means of stopping the load, each of 655, 657; and Secretary of Labor’s Orders 12– This material is also available for which shall be capable of stopping and 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 inspection or copying at two locations: holding 150 percent of the hoist’s rated The Docket Management Facility (M– line pull. A broken-rope safety, safety FR 111), 5–2007 (72 FR 31159), or 1–2012 (77 FR 3912), as applicable. 30), U.S. Department of Transportation, catch, or arrestment device is not a West Building Ground Floor, Room permissible means of stopping under ■ 4. Amend § 1926.856 by revising W12–140, 1200 New Jersey Avenue SE., this paragraph. paragraph (c) to read as follows: Washington, DC 20590, between 9 a.m. (ii) The operator shall remain within and 5 p.m., Monday through Friday, sight and sound of the signals at the § 1926.856 Removal of walls, floors, and material with equipment. except Federal holidays and the U.S. operator’s station. Coast Guard Sector Lake Michigan, 2420 * * * * * (iii) All sides of personnel cages shall South Lincoln Memorial Drive, (c) Cranes, derricks, and other be enclosed by one-half inch (12.70 mm) Milwaukee, WI 53207, between 8 a.m. mechanical equipment used must meet wire mesh (not less than No. 14 gauge and 3 p.m., Monday through Friday, the requirements specified in subparts or equivalent) to a height of not less except Federal holidays. than 6 feet (1.83 m). However, when the N, O, and CC of this part. FOR FURTHER INFORMATION CONTACT: If ■ 5. Amend § 1926.858 by revising cage or skip is being used as a work you have questions on this rule, call or paragraph (b) to read as follows: platform, its sides may be reduced in email LT Christopher Mercurio, Chief of height to 42 inches (1.07 m) when the Waterway Management, U.S. Coast conveyance is not in motion. § 1926.858 Removal of steel construction. * * * * * Guard Sector Buffalo; telephone 716– (iv) All personnel cages shall be 843–9343, email provided with a positive locking door (b) Cranes, derricks, and other hoisting equipment used must meet the [email protected]. If that does not open outward. you have questions on viewing or (v) All personnel cages shall be requirements specified in subparts N and CC of this part. submitting material to the docket, call provided with a protective canopy. The Renee V. Wright, Program Manager, * * * * * canopy shall be made of steel plate, at Docket Operations, telephone 202–366– least 3/16-inch (4.763 mm) in thickness, 9826. or material of equivalent strength and Subpart DD—[Removed] SUPPLEMENTARY INFORMATION: impact resistance. The canopy shall be ■ 6. Remove subpart DD. sloped to the outside, and so designed Regulatory Information [FR Doc. 2012–20171 Filed 8–16–12; 8:45 am] that a section may be readily pushed On March 7, 2012, we published a upward to afford emergency egress. The BILLING CODE 4510–26–P notice of proposed rulemaking entitled canopy shall cover the top in such a Safety Zone; Antique Boat Show, manner as to protect those inside from Niagara River, Grand Island, NY in the objects falling in the shaft. DEPARTMENT OF HOMELAND Federal Register (77 FR 13516). We (vi) Personnel platforms operating on SECURITY received 0 letters commenting on the guide rails or guide ropes shall be Coast Guard proposed rule. No public meeting was equipped with broken-rope safety requested, and none was held. devices, safety catches or arrestment Under 5 U.S.C. 553(d)(3), the Coast 33 CFR Part 165 devices that will stop and hold 150 Guard finds that good cause exists for percent of the weight of the personnel [Docket No. USCG–2012–0043] making this rule effective less than 30 platform and its maximum rated load. days after publication in the Federal RIN 1625–AA00 (vii) During sinking operations in Register. Due to the date of the event, shafts where guides and safeties are not Safety Zone; Antique Boat Show, waiting for 30 day notice period run yet used, the travel speed of the Niagara River, Grand Island, NY would be impracticable. personnel platform shall not exceed 200 feet (60.96 m) per minute. Governor AGENCY: Coast Guard, DHS. Background and Purpose controls set for 200 feet (60.96 m) per ACTION: Temporary final rule. Between 10 a.m. and 4 p.m. on Sept. minute shall be installed in the control 8, 2012 a series of hydroplane and system and shall be used during SUMMARY: The Coast Guard will power boat races will take place on the personnel hoisting. establish a temporary safety zone on Niagara River near Grand Island, NY.

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The Captain of the Port Buffalo has minimal. Under certain conditions, compliance on them. We have analyzed determined that hydroplane racing moreover, vessels may still transit this rule under that Order and have presents significant hazards to public through the safety zone when permitted determined that it does not have spectators and participants. by the Captain of the Port. implications for federalism Discussion of Rule Small Entities Protest Activities This temporary safety zone is Under the Regulatory Flexibility Act The Coast Guard respects the First necessary to ensure the safety of (5 U.S.C. 601–612), we have considered Amendment rights of protesters. spectators and vessels during the whether this rule would have a Protesters are asked to contact the Antique Boat Show. significant economic impact on a person listed in the FOR FURTHER The safety zone will be effective and substantial number of small entities. INTFORMATION CONTACT section to enforced from 9:30 a.m. until 4:30 p.m. The term ‘‘small entities’’ comprises coordinate protest activities so that your on September 8, 2012. small businesses, not-for-profit message can be received without The safety zone will encompass all organizations that are independently jeopardizing the safety or security of waters of Niagara River, Grand Island, owned and operated and are not people, places or vessels. NY starting at position 42°59′59″ N, dominant in their fields, and 078°56′22″ W, East to 49°59′54″ N, governmental jurisdictions with Unfunded Mandates Reform Act ° ′ ″ ° ′ ″ 078 56 14 W, South to 42 57 54 N, populations of less than 50,000. The Unfunded Mandates Reform Act 078°56′04″ W, West to 42°057′48″ N, The Coast Guard certifies under 5 ° ′ ″ of 1995 (2 U.S.C. 1531–1538) requires 078 56 22 W. (NAD 83). U.S.C. 605(b) that this rule would not Federal agencies to assess the effects of Entry into, transiting, or anchoring have a significant economic impact on their discretionary regulatory actions. In within the safety zone is prohibited a substantial number of small entities. particular, the Act addresses actions unless authorized by the Captain of the This temporary final rule may affect that may result in the expenditure by a Port Buffalo or his on-scene the following entities, some of which State, local, or tribal government, in the representative. The Captain of the Port might be small entities: The owners of aggregate, or by the private sector of or his on-scene representative may be operators of vessels intending to transit $100,000,000 (adjusted for inflation) or contacted via VHF Channel 16. or anchor in a portion of the Niagara more in any one year. Though this rule Regulatory Analyses River near Grand Island, New York would not result in such expenditure, between 9:30 a.m. to 4:30 p.m. on We developed this rule after we do discuss the effects of this rule September 8, 2012. elsewhere in this preamble. considering numerous statutes and This safety zone will not have a executive orders related to rulemaking. significant economic impact on a Taking of Private Property Below we summarize our analyses substantial number of small entities for This rule would not cause a taking of based on 13 of these statutes or the following reasons: This rule will be private property or otherwise have executive orders. in effect for only a few hours and the taking implications under Executive safety zone will allow vessels to move Regulatory Planning and Review Order 12630, Governmental Actions and freely around the safety zone on the This rule is not a significant Interference with Constitutionally Niagara River. If you think that your regulatory action under section 3(f) of Protected Property Rights. business, organization, or governmental Executive Order 12866, Regulatory jurisdiction qualifies as a small entity Civil Justice Reform Planning and Review, as supplemented and that this rule would have a by Executive Order 13563, Improving This rule meets applicable standards significant economic impact on it, Regulation and Regulatory Review, and in sections 3(a) and 3(b)(2) of Executive please submit a comment (see does not require an assessment of Order 12988, Civil Justice Reform, to ADDRESSES) explaining why you think it potential costs and benefits under minimize litigation, eliminate qualifies and how and to what degree section 6(a)(3) of Executive Order 12866 ambiguity, and reduce burden. this rule would economically affect it. or under section 1 of Executive Order Protection of Children 13563. The Office of Management and Assistance for Small Entities Budget has not reviewed it under those Under section 213(a) of the Small We have analyzed this rule under Orders. It is not ‘‘significant’’ under the Business Regulatory Enforcement Executive Order 13045, Protection of regulatory policies and procedures of Fairness Act of 1996 (Pub. L. 104–121), Children From Environmental Health the Department of Homeland Security we want to assist small entities in Risks and Safety Risks. This rule is not (DHS). We conclude that this rule is not understanding this rule so that they can an economically significant rule and a significant regulatory action because better evaluate its effects on them and would not create an environmental risk we anticipate that it will have minimal participate in the rulemaking. to health or risk to safety that might impact on the economy, will not disproportionately affect children. interfere with other agencies, will not Collection of Information Indian Tribal Governments adversely alter the budget of any grant This rule calls for no new collection or loan recipients, and will not raise any of information under the Paperwork This rule does not have tribal novel legal or policy issues. The safety Reduction Act of 1995 (44 U.S.C. 3501– implications under Executive Order zone created by this rule will be 3520.). 13175, Consultation and Coordination relatively small and enforced for With Indian Tribal Governments, relatively short time. Also, the safety Federalism because it would not have a substantial zone is designed to minimize its impact A rule has implications for federalism direct effect on one or more Indian on navigable waters. Furthermore, the under Executive Order 13132, tribes, on the relationship between the safety zone has been designed to allow Federalism, if it has a substantial direct Federal Government and Indian tribes, vessels to transit around it. Thus, effect on State or local governments and or on the distribution of power and restrictions on vessel movement within would either preempt State law or responsibilities between the Federal that particular area are expected to be impose a substantial direct cost of Government and Indian tribes.

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Energy Effects ■ 2. Add § 165.T09–0043 to read as ENVIRONMENTAL PROTECTION We have analyzed this rule under follows: AGENCY Executive Order 13211, Actions § 165.T09–0043 Safety Zone; Antique Boat 40 CFR Part 180 Concerning Regulations That Show, Niagara River, Grand Island, NY. Significantly Affect Energy Supply, [EPA–HQ–OPP–2011–0394; FRL–9359–7] Distribution, or Use. We have (a) Location. The safety zone will determined that it is not a ‘‘significant encompass all waters of the Niagara Cyprodinil; Pesticide Tolerances energy action’’ under that order because River, Grand Island, NY starting at AGENCY: Environmental Protection ° ′ ″ ° ′ ″ it is not a ‘‘significant regulatory action’’ position 42 59 59 N, 078 56 22 W, Agency (EPA). ° ′ ″ ° ′ ″ under Executive Order 12866 and is not East to 42 59 54 N, 078 56 14 W, ACTION: Final rule. likely to have a significant adverse effect South to 42°57′54″ N, 078°56′04″ W, on the supply, distribution, or use of West to 42°057′48″ N, 078°56′22″ W. SUMMARY: This regulation establishes energy. The Administrator of the Office (NAD 83). tolerances for residues of cyprodinil in of Information and Regulatory Affairs (b) Effective and Enforcement Period. or on multiple commodities which are identified and discussed later in this has not designated it as a significant This regulation is effective and will be energy action. Therefore, it does not document, associated with Pesticide enforced on September 8, 2012 from Petition (PP) 1E7854, and establishes a require a Statement of Energy Effects 9:30 a.m. until 4:30 p.m. under Executive Order 13211. tolerance in or on leaf petioles subgroup (c) Regulations. 4B, associated with PP 1E7869. Technical Standards (1) In accordance with the general Interregional Research Project Number 4 This rule does not use technical regulations in § 165.23 of this part, entry (IR–4) and Syngenta Crop Protection standards. Therefore, we did not into, transiting, or anchoring within this requested the tolerances associated with consider the use of voluntary consensus safety zone is prohibited unless PP 1E7854 and 1E7869, respectively, under the Federal Food, Drug, and standards. authorized by the Captain of the Port Cosmetic Act (FFDCA). Environment Buffalo or his designated on-scene DATES: representative. This regulation is effective We have analyzed this rule under August 17, 2012. Objections and Department of Homeland Security (2) This safety zone is closed to all requests for hearings must be received Management Directive 023–01 and vessel traffic, except as may be on or before October 16, 2012, and must Commandant Instruction M16475.lD, permitted by the Captain of the Port be filed in accordance with the which guide the Coast Guard in Buffalo or his designated on-scene instructions provided in 40 CFR part complying with the National representative. 178 (see also Unit I.C. of the Environmental Policy Act of 1969 (3) The ‘‘on-scene representative’’ of SUPPLEMENTARY INFORMATION). (NEPA) (42 U.S.C. 4321–4370f), and the Captain of the Port Buffalo is any ADDRESSES: The docket for this action, have made a determination that this Coast Guard commissioned, warrant or identified by docket identification (ID) action is one of a category of actions that petty officer who has been designated number EPA–HQ–OPP–2011–0394, is do not individually or cumulatively by the Captain of the Port Buffalo to act available either electronically through have a significant effect on the human on his behalf. The on-scene http://www.regulations.gov or in hard environment. This rule is categorically representative of the Captain of the Port copy at the OPP Docket in the excluded, under figure 2–1, paragraph Buffalo is any Coast Guard Environmental Protection Agency (34)(g), of the Instruction because it commissioned, warrant or petty officer Docket Center (EPA/DC), located in EPA involves the establishment of a safety West, Rm. 3334, 1301 Constitution Ave. who has been designated by the Captain zone NW., Washington, DC 20460–0001. The of the Port Buffalo to act on his behalf. A final environmental analysis Public Reading Room is open from 8:30 checklist and a categorical exclusion (4) Vessel operators desiring to enter a.m. to 4:30 p.m., Monday through determination are available in the or operate within the safety zone shall Friday, excluding legal holidays. The docket where indicated under contact the Captain of the Port Buffalo telephone number for the Public ADDRESSES. or his on-scene representative to obtain Reading Room is (202) 566–1744, and permission to do so. The Captain of the the telephone number for the OPP List of Subjects in 33 CFR Part 165 Port Buffalo or his on-scene Docket is (703) 305–5805. Please review Harbors, Marine safety, Navigation representative may be contacted via the visitor instructions and additional (water), Reporting and recordkeeping VHF Channel 16. Vessel operators given information about the docket available requirements, Security measures, permission to enter or operate in the at http://www.epa.gov/dockets. Waterways. safety zone must comply with all FOR FURTHER INFORMATION CONTACT: For the reasons discussed in the directions given to them by the Captain Laura Nollen, Registration Division preamble, the Coast Guard amends 33 of the Port Buffalo, or his on-scene (7505P), Office of Pesticide Programs, CFR part 165 as follows: representative. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, PART 165- REGULATED NAVIGATION Dated: April 16, 2012. DC 20460–0001; telephone number: AREAS AND LIMITED ACCESS AREAS S.M. Wischmann, (703) 305–7390; email address: Captain, U. S. Coast Guard, Captain of the [email protected]. ■ 1. The authority citation for part 165 Port Buffalo. SUPPLEMENTARY INFORMATION: continues to read as follows: [FR Doc. 2012–20188 Filed 8–16–12; 8:45 am] Authority:— 33 U.S.C. 1231; 46 U.S.C. BILLING CODE 9110–04–P I. General Information Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; A. Does this action apply to me? 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department You may be potentially affected by of Homeland Security Delegation No. 0170.1. this action if you are an agricultural

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producer, food manufacturer, or Pennsylvania Ave. NW., Washington, petition requested that 40 CFR 180.532 pesticide manufacturer. Potentially DC 20460–0001. be amended by establishing tolerances affected entities may include, but are • Hand Delivery: To make special for residues of the fungicide cyprodinil not limited to those engaged in the arrangements for hand delivery or in or on leafy petioles subgroup 4B at following activities: delivery of boxed information, please 30 parts per million. That notice • Crop production (NAICS code 111). follow the instructions at http:// referenced a summary of the petition • Animal production (NAICS code www.epa.gov/dockets/contacts.htm. prepared by Syngenta Crop Protection, 112). Additional instructions on Inc., the registrant, which is available in • Food manufacturing (NAICS code commenting or visiting the docket, the docket, http://www.regulations.gov. 311). along with more information about One comment was received to this • Pesticide manufacturing (NAICS dockets generally, is available at notice of filing. EPA’s response to the http://www.epa.gov/dockets. code 32532). comment is discussed in Unit IV.C. II. Summary of Petitioned-For Based upon review of the data B. How can I get electronic access to Tolerance supporting the petitions, EPA has other related information? revised the proposed tolerance levels for In the Federal Register of July 20, several commodities. The reasons for You may access a frequently updated 2011 (76 FR 43231) (FRL–8880–1), EPA electronic version of EPA’s tolerance these changes are explained in Unit issued a notice pursuant to FFDCA IV.D. regulations at 40 CFR part 180 through section 408(d)(3), 21 U.S.C. 346a(d)(3), the Government Printing Office’s e-CFR announcing the filing of PP 1E7854 by III. Aggregate Risk Assessment and site at http://ecfr.gpoaccess.gov/cgi/t/ IR–4, 500 College Road East, Suite Determination of Safety text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ _ 201W, Princeton, NJ 08540. The petition Section 408(b)(2)(A)(i) of FFDCA Title40/40tab 02.tpl. requested that 40 CFR 180.532 be allows EPA to establish a tolerance (the C. How can I file an objection or hearing amended by establishing tolerances for legal limit for a pesticide chemical request? residues of the fungicide cyprodinil, 4- residue in or on a food) only if EPA cyclopropyl-6-methyl-N-phenyl-2- determines that the tolerance is ‘‘safe.’’ Under FFDCA section 408(g), 21 pyrimidinamine, in or on onion, bulb, Section 408(b)(2)(A)(ii) of FFDCA U.S.C. 346a, any person may file an subgroup 3–07A at 0.6 parts per million defines ‘‘safe’’ to mean that ‘‘there is a objection to any aspect of this regulation (ppm); onion, green, subgroup 3–07B at reasonable certainty that no harm will and may also request a hearing on those 4.0 ppm; caneberry subgroup 13–07A at result from aggregate exposure to the objections. You must file your objection 10.0 ppm; bushberry subgroup 13–07B pesticide chemical residue, including or request a hearing on this regulation at 3.0 ppm; fruit, small vine climbing, all anticipated dietary exposures and all in accordance with the instructions except fuzzy kiwifruit, subgroup 13–07F other exposures for which there is provided in 40 CFR part 178. To ensure at 2.0 ppm; berry, low growing, reliable information.’’ This includes proper receipt by EPA, you must subgroup 13–07G, except cranberry at exposure through drinking water and in identify docket ID number EPA–HQ– 5.0 ppm; dragon fruit at 2.0 ppm; fruit, residential settings, but does not include OPP–2011–0394 in the subject line on pome, group 11–10 at 1.7 ppm; occupational exposure. Section the first page of your submission. All vegetable, fruiting, group 8–10 at 1.3 408(b)(2)(C) of FFDCA requires EPA to objections and requests for a hearing ppm; and leafy greens subgroup 4A at give special consideration to exposure must be in writing, and must be 40 ppm. of infants and children to the pesticide received by the Hearing Clerk on or Upon approval of the aforementioned chemical residue in establishing a before October 16, 2012. Addresses for tolerances, the petition additionally tolerance and to ‘‘ensure that there is a mail and hand delivery of objections requested amendment of 40 CFR reasonable certainty that no harm will and hearing requests are provided in 40 180.532 by removing the established result to infants and children from CFR 178.25(b). tolerances for the residues of cyprodinil aggregate exposure to the pesticide In addition to filing an objection or in or on onion, bulb at 0.60 ppm; onion, chemical residue* * *.’’ hearing request with the Hearing Clerk green at 4.0 ppm; caneberry subgroup Consistent with FFDCA section as described in 40 CFR part 178, please 13A at 10 ppm; bushberry subgroup 13B 408(b)(2)(D), and the factors specified in submit a copy of the filing that does not at 3.0 ppm; Juneberry at 3.0 ppm; FFDCA section 408(b)(2)(D), EPA has contain any CBI for inclusion in the lingonberry at 3.0 ppm; salal at 3.0 ppm; reviewed the available scientific data public docket. Information not marked grape at 2.0 ppm; strawberry at 5.0 ppm; and other relevant information in confidential pursuant to 40 CFR part 2 fruit, pome at 1.7 ppm; tomatillo at 0.45 support of this action. EPA has may be disclosed publicly by EPA ppm; tomato at 0.45 ppm; and leafy sufficient data to assess the hazards of without prior notice. Submit a copy of greens subgroup 4A, except spinach at and to make a determination on your non-CBI objection or hearing 30 ppm. The published notice of the aggregate exposure for cyprodinil request, identified by docket ID number petition referenced a summary of the including exposure resulting from the EPA–HQ–OPP–2011–0394, by one of petition prepared on behalf of IR–4 by tolerances established by this action. the following methods: Syngenta Crop Protection, Inc., the EPA’s assessment of exposures and risks • Federal eRulemaking Portal: http:// registrant, which is available in the associated with cyprodinil follows. www.regulations.gov. Follow the online docket, http://www.regulations.gov. instructions for submitting comments. There were no comments received in A. Toxicological Profile Do not submit electronically any response to this notice of filing. EPA has evaluated the available information you consider to be In the Federal Register of April 4, toxicity data and considered its validity, Confidential Business Information (CBI) 2012 (77 FR 20334) (FRL–9340–4), EPA completeness, and reliability as well as or other information whose disclosure is issued a notice pursuant to FFDCA the relationship of the results of the restricted by statute. section 408(d)(3), 21 U.S.C. 346a(d)(3), studies to human risk. EPA has also • Mail: OPP Docket, Environmental announcing the filing of PP 1E7869 by considered available information Protection Agency Docket Center (EPA/ Syngenta Crop Protection, P.O. Box concerning the variability of the DC), Mail Code: 28221T, 1200 18300, Greensboro, NC 27409. The sensitivities of major identifiable

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subgroups of consumers, including observed, and the effects were B. Toxicological Points of Departure/ infants and children. considered to be secondary to maternal Levels of Concern Cyprodinil has low acute toxicity via toxicity. Once a pesticide’s toxicological the oral, dermal, and inhalation routes In an acute neurotoxicity study in profile is determined, EPA identifies of exposure. Cyprodinil is mildly rats, clinical signs, hypothermia, and irritating to the eyes and negligibly changes in motor activity were all found toxicological points of departure (POD) irritating to the skin. It is a dermal to be reversible and no longer seen at and levels of concern (LOC) to use in sensitizer. The major target organs of day 8 and 15 investigations. There were evaluating the risk posed by human cyprodinil are the liver in both rats and no treatment related effects on exposure to the pesticide. For hazards mice and the kidney in rats. Liver mortality, gross or histological that have a threshold below which there effects observed consistently in neuropathology. Reduced motor is no appreciable risk, the toxicological subchronic and chronic studies in rats activity, induced hunched posture, POD is used as the basis for derivation and mice included increased liver piloerection and reduced of reference values for risk assessment. weights and increases in serum clinical responsiveness to sensory stimuli were PODs are developed based on a careful chemistry parameters associated with observed and disappeared in all animals analysis of the doses in each adverse effects on liver function, by day 3 to 4. The subchronic toxicological study to determine the hepatocyte hypertrophy, and neurotoxicity study in rats, showed no dose at which no adverse effects are hepatocellular necrosis. Adverse kidney treatment-related effects related to effects included tubular lesions and observed (the NOAEL) and the lowest neurotoxicity. An immunotoxicity study inflammation following subchronic dose at which adverse effects of concern in mice resulted in no apparent exposure of male rats. The are identified (the LOAEL). Uncertainty/ suppression of the humoral component hematopoietic system also appeared to safety factors (U/SF) are used in of the immune system. There was no be a target of cyprodinil, causing mild conjunction with the POD to calculate a evidence of carcinogenic potential in anemia following subchronic exposure safe exposure level—generally referred to cyprodinil in rats. Chronic effects in either the rat chronic toxicity/ to as a population-adjusted dose (PAD) dogs were limited to decreased body carcinogenicity or mouse or a reference dose (RfD)—and a safe weight gain, decreased food carcinogenicity studies. margin of exposure (MOE). For non- consumption and decreased food Specific information on the studies threshold risks, the Agency assumes efficiency. received and the nature of the adverse that any amount of exposure will lead Fetal toxicity reported in effects caused by cyprodinil as well as to some degree of risk. Thus, the Agency developmental toxicity studies in the rat the no-observed-adverse-effect-level estimates risk in terms of the probability included significantly lower fetal (NOAEL) and the lowest-observed- of an occurrence of the adverse effect weights and an increased incidence of adverse-effect-level (LOAEL) from the expected in a lifetime. For more delayed ossification in the rat and toxicity studies can be found at http:// information on the general principles www.regulations.gov in document: showed a slight increase in litters EPA uses in risk characterization and a showing extra ribs in the rabbit. In a rat ‘‘Cyprodinil: Expansions of Existing complete description of the risk 2-generation reproduction study, Crop Group/Representative Commodity assessment process, see http:// significantly lower pup weights were Uses to Numerous Crop Subgroups, www.epa.gov/pesticides/factsheets/ observed in F1 and F2 offspring. Adding Use on Leafy Petiole Subgroup However, each of these fetal and 4B, and Adding Use on the Remaining riskassess.htm. A summary of the neonatal effects occurred at the same Crops in Fruiting Vegetables Group 8– toxicological endpoints for cyprodinil dose levels at which maternal toxicity 10.’’ pp 34–38 in docket ID number used for human risk assessment is (decreased body weight gain) was EPA–HQ–OPP–2011–0394.’’ shown in Table 1 of this unit.

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR CYPRODINIL FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure RfD, PAD, LOC for Exposure/scenario and uncertainty/safety risk Study and toxicological effects factors assessment

Acute dietary All populations) ... NOAEL = 200 mg/ Acute RfD = 2.0 mg/ Acute Neurotoxicity—Rat LOAEL = 600 mg/kg/day based on kg/day. kg/day. clinical signs of toxicity (hunched posture, piloerection, and UFA = 10x aPAD = 2.0 mg/kg/ reduced responsiveness to sensory stimuli, reduced motor UFH = 10x day activity and hypothermia). FQPA SF = 1x

Chronic dietary (All populations) NOAEL = 2.7 mg/kg/ Chronic RfD = 0.027 2-Year Chronic Toxicity/Carcinogenicity—rat LOAEL = 35.6 mg/ day. mg/kg/day. kg/day based on degenerative liver lesions (spongiosis hepa- UFA = 10x cPAD = 0.027 mg/ titis) in males. UFH = 10x kg/day FQPA SF = 1x

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TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR CYPRODINIL FOR USE IN HUMAN HEALTH RISK ASSESSMENT—Continued

Point of departure and RfD, PAD, LOC for Exposure/scenario uncertainty/safety risk Study and toxicological effects factors assessment

Inhalation short-term (1 to 30 Inhalation (or oral) LOC for MOE = 28-Day Feeding/Range-Finding—Rat LOAEL = 299 mg/kg/day days). study NOAEL= 62 1,000. based on decreased body-weight gain, increased cholesterol mg/kg/day (inhala- and phospholipid levels, microcytosis, and hepatocyte hyper- tion absorption trophy. rate = 100%). UFA = 10x UFH = 10x FQPA SF = 10x

Cancer (Oral, dermal, inhala- Not likely to be carcinogenic to humans. tion). FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).

C. Exposure Assessment a cancer risk to humans. Therefore, a (ppb) for acute exposures and 24.65 ppb 1. Dietary exposure from food and dietary exposure assessment for the for chronic exposures. The EDWCs of feed uses. In evaluating dietary purpose of assessing cancer risk is cyprodinil for ground water are exposure to cyprodinil, EPA considered unnecessary. expected to be 0.0861 ppb for acute and iv. Anticipated residue information. chronic exposures. exposure under the petitioned-for Section 408(b)(2)(E) of FFDCA Modeled estimates of drinking water tolerances as well as all existing authorizes EPA to use available data and concentrations were directly entered cyprodinil tolerances in 40 CFR information on the anticipated residue into the dietary exposure model. For 180.532. levels of pesticide residues in food and acute dietary risk assessment, the water i. Acute exposure. Quantitative acute the actual levels of pesticide residues concentration value of 34.79 ppb was dietary exposure and risk assessments that have been measured in food. If EPA used to assess the contribution to are performed for a food-use pesticide, relies on such information, EPA must drinking water. For chronic dietary risk if a toxicological study has indicated the require pursuant to FFDCA section assessment, the water concentration of possibility of an effect of concern 408(f)(1) that data be provided 5 years value 24.65 ppb was used to assess the occurring as a result of a 1-day or single after the tolerance is established, contribution to drinking water. exposure. Such effects were identified modified, or left in effect, demonstrating 3. From non-dietary exposure. The for cyprodinil. In estimating acute that the levels in food are not above the term ‘‘residential exposure’’ is used in dietary exposure, EPA used food levels anticipated. For the present this document to refer to non- consumption information from the action, EPA will issue such data call-ins occupational, non-dietary exposure United States Department of Agriculture as are required by FFDCA section (e.g., for lawn and garden pest control, (USDA) 1994–1996 and 1998 408(b)(2)(E) and authorized under indoor pest control, termiticides, and Nationwide Continuing Surveys of Food FFDCA section 408(f)(1). Data will be flea and tick control on pets). Intake by Individuals (CSFII). As to required to be submitted no later than Cyprodinil is currently registered for the residue levels in food, EPA assumed 5 years from the date of issuance of following uses that could result in tolerance-level residues, 100 percent these tolerances. residential exposures: Ornamental crop treated (PCT) estimates, and 2. Dietary exposure from drinking landscapes. EPA assessed residential Dietary Exposure Evaluation Model water. The Agency used screening level exposure using the following (DEEMTM (ver. 7.81)) default processing water exposure models in the dietary assumptions: Short-term inhalation factors. exposure analysis and risk assessment exposures to residential handlers are ii. Chronic exposure. In conducting for cyprodinil in drinking water. These expected from application to the chronic dietary exposure assessment simulation models take into account ornamental landscapes. Dermal EPA used the food consumption data data on the physical, chemical, and fate/ exposures were not assessed, since there from the USDA 1994–1996 and 1998 transport characteristics of cyprodinil. is no dermal POD. Residential handler CSFII. As to residue levels in food, EPA Further information regarding EPA exposure scenarios are considered to be assumed tolerance-level residues for drinking water models used in pesticide short-term only, due to the infrequent most commodities; average field trial exposure assessment can be found at use patterns associated with homeowner residues for pome fruit, head lettuce, http://www.epa.gov/oppefed1/models/ products. Postapplication exposures are leaf lettuce, and grapes; and 100 PCT water/index.htm. not expected. Further information estimates. DEEMTM (ver. 7.81) default Based on the Pesticide Root Zone regarding EPA standard assumptions and empirical processing factors for Model/Exposure Analysis Modeling and generic inputs for residential tomato paste/puree (1x) and lemon/lime System (PRZM/EXAMS) and Screening exposures may be found at http:// juice (1x) were used to modify the Concentration in Ground Water (SCI– www.epa.gov/pesticides/trac/science/ tolerance values. GROW) models, the estimated drinking trac6a05.pdf. iii. Cancer. Based on the data water concentrations (EDWCs) of 4. Cumulative effects from substances summarized in Unit III.A., EPA has cyprodinil for surface water are with a common mechanism of toxicity. concluded that cyprodinil does not pose expected to be 34.79 parts per billion Section 408(b)(2)(D)(v) of FFDCA

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requires that, when considering whether toxicity study included significantly in young rats in the 2-generation to establish, modify, or revoke a lower F1 and F2 pup weights in the reproduction study. tolerance, the Agency consider high dose group during lactation, which iv. There are no residual uncertainties ‘‘available information’’ concerning the continued to be lower than controls identified in the exposure databases. cumulative effects of a particular post-weaning and after the pre-mating The acute dietary food exposure pesticide’s residues and ‘‘other period in the F1 generation. assessment was performed based on 100 substances that have a common Reproductive effects were seen only at PCT and tolerance-level residues. The mechanism of toxicity.’’ doses that also caused parental toxicity. chronic dietary food exposure EPA has not found cyprodinil to share 3. Conclusion. EPA has determined assessment was partially refined, a common mechanism of toxicity with that reliable data show the safety of assuming average field trial residues any other substances, and cyprodinil infants and children would be and empirical processing factors for does not appear to produce a toxic adequately protected if the FQPA SF some commodities, and tolerance level metabolite produced by other were reduced to 1X for non-inhalation residues and DEEMTM (ver. 7.81) default substances. For the purposes of this exposure scenarios. For inhalation for the remaining commodities. EPA tolerance action, therefore, EPA has exposure scenarios for all population made conservative (protective) assumed that cyprodinil does not have groups, EPA is retaining a 10X FQPA assumptions in the ground and surface a common mechanism of toxicity with SF. That decision is based on the water modeling used to assess exposure other substances. For information following findings: to cyprodinil in drinking water. Based regarding EPA’s efforts to determine i. The toxicity database for cyprodinil on the discussion in Unit III.C.3, which chemicals have a common is complete except for a 90-day postapplication exposure of children as mechanism of toxicity and to evaluate inhalation toxicity study. In the absence well as incidental oral exposure of the cumulative effects of such of inhalation data, EPA is relying on an toddlers is not expected. These chemicals, see EPA’s Web site at oral study for estimating risk from assessments will not underestimate the http://www.epa.gov/pesticides/ inhalation exposures. EPA evaluation of exposure and risks posed by cyprodinil. cumulative. use of oral studies to extrapolate an inhalation endpoint has shown that E. Aggregate Risks and Determination of D. Safety Factor for Infants and such extrapolation may understate risk. Safety Children Accordingly, to address the uncertainty EPA determines whether acute and 1. In general. Section 408(b)(2)(C) of caused by extrapolating an inhalation chronic dietary pesticide exposures are FFDCA provides that EPA shall apply endpoint from an oral study for safe by comparing aggregate exposure an additional tenfold (10X) margin of cyprodinil, EPA has concluded that the estimates to the aPAD and cPAD. For safety for infants and children in the 10X FQPA SF should be retained for linear cancer risks, EPA calculates the case of threshold effects to account for risk assessments involving inhalation lifetime probability of acquiring cancer prenatal and postnatal toxicity and the exposure. given the estimated aggregate exposure. completeness of the database on toxicity ii. In the subchronic neurotoxicity Short-, intermediate-, and chronic-term and exposure unless EPA determines study in rats, there was no indication risks are evaluated by comparing the based on reliable data that a different that cyprodinil is a neurotoxic chemical. estimated aggregate food, water, and margin of safety will be safe for infants In an acute neurotoxicity study in rats, residential exposure to the appropriate and children. This additional margin of clinical signs, hypothermia, and PODs to ensure that an adequate MOE safety is commonly referred to as the changes in motor activity were all found exists. FQPA SF. In applying this provision, to be reversible and no longer seen at 1. Acute risk. An acute aggregate risk EPA either retains the default value of day 8 and 15 investigations. There were assessment takes into account acute 10X, or uses a different additional safety no treatment related effects on mortality exposure estimates from dietary factor when reliable data available to or gross or histological neuropathology. consumption of food and drinking EPA support the choice of a different Reduced motor activity, induced water. Using the exposure assumptions factor. hunched posture, piloerection and discussed in this unit for acute 2. Prenatal and postnatal sensitivity. reduced responsiveness to sensory exposure, the acute dietary exposure The cyprodinil toxicity database is stimuli were observed and disappeared from food and water to cyprodinil will adequate to evaluate potential increased in all animals by day 3 to 4. Based on occupy 8.2% of the aPAD for children susceptibility of infants and children, this evidence, there is no need for a 1–2 years old, the population group and includes developmental toxicity developmental neurotoxicity study or receiving the greatest exposure. studies in rats and rabbits and a 2- additional UFs to account for 2. Chronic risk. Using the exposure generation reproduction study in rats. In neurotoxicity. assumptions described in this unit for a rat developmental toxicity study, there iii. In the prenatal developmental chronic exposure, EPA has concluded were significantly lower mean fetal toxicity studies in rats and rabbits and that chronic exposure to cyprodinil weights in the high dose group the 2-generation reproduction study in from food and water will utilize 75% of compared to controls as well as a rats, toxicity to the fetuses and/or the cPAD for children 1–2 years old, the significant increase in skeletal offspring, when observed, occurred at population group receiving the greatest anomalies in the high dose group due to the same doses at which effects were exposure. Based on the explanation in abnormal ossification. The skeletal observed in maternal/parental animals. Unit III.C.3., regarding residential use anomalies/variations were considered to Additionally, the skeletal anomalies/ patterns, chronic residential exposure to be a transient developmental delay that variations were considered to be a residues of cyprodinil is not expected. occurred secondary to the maternal transient developmental delay that 3. Short-term risk. Short-term toxicity noted in the high dose group. In occurred secondary to the maternal aggregate exposure takes into account the rabbit study, the only treatment toxicity noted in the high dose group. short-term residential exposure plus related developmental effect was the Therefore, there is no evidence that chronic exposure to food and water indication of an increased incidence of cyprodinil results in increased (considered to be a background a 13th rib at maternally toxic doses. susceptibility in in utero rats or rabbits exposure level). Cyprodinil is currently Signs of fetal effects in the reproductive in the prenatal developmental studies or registered for uses that could result in

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short-term residential exposure to B. International Residue Limits adverse effects noted from exposure to adults, and the Agency has determined In making its tolerance decisions, EPA cyprodinil. Specific information on the that it is appropriate to aggregate seeks to harmonize U.S. tolerances with nature of the residue, including physical chronic exposure through food and international standards whenever and chemical characteristics, as well as water with short-term residential possible, consistent with U.S. food the adverse effects caused by cyprodinil exposures to cyprodinil. Using the safety standards and agricultural from the toxicity studies can be found exposure assumptions described in this practices. EPA considers the in the supporting and related material at unit for short-term exposures, EPA has international maximum residue limits http://www.regulations.gov in docket ID number EPA–HQ–OPP–2011–0394. concluded the combined short-term (MRLs) established by the Codex food, water, and residential exposures Alimentarius Commission (Codex), as D. Revisions to Petitioned-For result in an aggregate MOE of 9,000. required by FFDCA section 408(b)(4). Tolerances Because EPA’s level of concern for The Codex Alimentarius is a joint cyprodinil is a MOE of 1,000 or below, Based on the data supporting the United Nations Food and Agriculture petitions, EPA has revised the proposed these MOEs are not of concern. Organization/World Health 4. Intermediate-term risk. tolerance on vegetable, fruiting, group Organization food standards program, 8–10 from 1.3 ppm to 1.5 ppm; and Intermediate-term aggregate exposure and it is recognized as an international takes into account intermediate-term leafy greens subgroup 4A from 40 ppm food safety standards-setting to 50 ppm. The Agency revised these residential exposure plus chronic organization in trade agreements to exposure to food and water (considered tolerance levels based on analysis of the which the United States is a party. EPA residue field trial data using the to be a background exposure level). An may establish a tolerance that is intermediate-term adverse effect was Organization for Economic Co-operation different from a Codex MRL; however, and Development (OECD) tolerance identified; however, cyprodinil is not FFDCA section 408(b)(4) requires that registered for any use patterns that calculation procedures. EPA explain the reasons for departing Additionally, the Agency revised the would result in intermediate-term from the Codex level. residential exposure. Intermediate-term proposed tolerance in or on fruit, small The Codex has established MRLs for vine climbing, except fuzzy kiwifruit, risk is assessed based on intermediate- cyprodinil in or on several commodities subgroup 13–07F from 2.0 ppm to 3.0 term residential exposure plus chronic that are not harmonized with the ppm in order to harmonize with the dietary exposure. Because there is no tolerances being established in the established Codex MRL on grape at 3 intermediate-term residential exposure United States, as follows: Codex MRL ppm. The Agency has also revised the and chronic dietary exposure has on eggplant at 0.2 ppm, pepper at 0.5 established tolerance in or on grape, already been assessed under the ppm, and tomato at 0.5 ppm and U.S. raisin from 3.0 ppm to 5.0 ppm in order appropriately protective cPAD (which is tolerance on vegetable, fruiting, group to align with the Codex MRL on dried at least as protective as the POD used to 8–10 at 1.5 ppm; Codex MRL on onion, grapes at 5 ppm. assess intermediate-term risk), no bulb at 0.3 ppm and U. S. tolerance on EPA determined that the established further assessment of intermediate-term onion, bulb, subgroup 3–07A at 0.6 tolerance on tomato, paste at 1.0 ppm risk is necessary, and EPA relies on the ppm; Codex MRL on black and red should be removed, as it will be chronic dietary risk assessment for raspberry at 0.5 ppm and U.S. tolerance superseded by the tolerance in or on evaluating intermediate-term risk for on caneberry subgroup 13–07A at 10 fruiting vegetable group 8–10 tolerance cyprodinil. ppm; Codex MRL on head and leaf at 1.5 ppm. 5. Aggregate cancer risk for U.S. lettuce at 10 ppm and U. S. tolerance on V. Conclusion population. Based on the lack of leafy greens subgroup 4A at 50 ppm; evidence of carcinogenicity in two and Codex MRLs on apple at 0.05 ppm Therefore, tolerances are established adequate rodent carcinogenicity studies, and pear at 1 ppm and U. S. tolerance for residues of cyprodinil, 4- cyprodinil is not expected to pose a on fruit, pome, group 11–10 at 1.7 ppm. cyclopropyl-6-methyl- N -phenyl-2- cancer risk to humans. The United States tolerance pyrimidinamine, in or on onion, bulb, 6. Determination of safety. Based on recommendations cannot be subgroup 3–07A at 0.6 ppm; onion, these risk assessments, EPA concludes harmonized with the Codex MRLs green, subgroup 3–07B at 4.0 ppm; that there is a reasonable certainty that established for cyprodinil because the caneberry subgroup 13–07A at 10 ppm; no harm will result to the general residue data supporting the tolerance bushberry subgroup 13–07B at 3.0 ppm; population, or to infants and children necessitate a higher value. fruit, small vine climbing, except fuzzy from aggregate exposure to cyprodinil Additionally, Codex has an kiwifruit, subgroup 13–07F at 3.0 ppm; residues. established MRL on grape at 3 ppm and grape, raisin at 5.0 ppm; berry, low IV. Other Considerations dried grapes at 5 ppm. The EPA is growing, subgroup 13–07G, except establishing the tolerance for fruit, small cranberry at 5.0 ppm; vegetable, fruiting, A. Analytical Enforcement Methodology vine climbing, except fuzzy kiwifruit, group 8–10 at 1.5 ppm; leafy greens Adequate high performance liquid subgroup 13–07F (for which grape is the subgroup 4A at 50 ppm; fruit, pome, chromatography, using ultra-violet representative commodity) at 3 ppm and group 11–10 at 1.7 ppm; dragon fruit at detection (HPLC/UV) methods (Methods grape, raisin at 5 ppm in order to 2.0 ppm; and leaf petioles subgroup 4B AG–631 and AG–631B) are available to harmonize with the Codex MRLs. Codex at 30 ppm. Additionally, the established enforce the tolerance expression of has not established MRLs on the other tolerance on citrus, oil is amended from cyprodinil in/on plant commodities. commodities associated with these 340 ppm to 60 ppm. Finally, this The method may be requested from: petitions. regulation removes tolerances of Chief, Analytical Chemistry Branch, cyprodinil in or on onion, bulb at 0.60 Environmental Science Center, 701 C. Response to Comments ppm; onion, green at 4.0 ppm; caneberry Mapes Rd., Ft. Meade, MD 20755–5350; One comment was received to the subgroup 13A at 10 ppm; bushberry telephone number: (410) 305–2905; Notice of Filing for PP 1E7869, which subgroup 13B at 3.0 ppm; grape at 2.0 email address: requested additional information about ppm; strawberry at 5.0 ppm; tomato at [email protected]. the nature of the residue and the 0.45 ppm; Juneberry at 3.0 ppm;

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lingonberry at 3.0 ppm; salal at 3.0 ppm; that Executive Order 13132, entitled Parts tomatillo at 0.45 ppm; fruit, pome at 1.7 ‘‘Federalism’’ (64 FR 43255, August 10, Commodity per ppm; leafy greens subgroup 4A, except 1999) and Executive Order 13175, million spinach at 30 ppm; and tomato, paste at entitled ‘‘Consultation and Coordination 1.0 ppm. with Indian Tribal Governments’’ (65 FR Almond ...... 0.02 Almond, hulls ...... 8 .0 VI. Statutory and Executive Order 67249, November 9, 2000) do not apply to this final rule. In addition, this final Apple, wet pomace ...... 4 .6 Reviews Avocado ...... 1.2 rule does not impose any enforceable Bean, dry ...... 0.6 This final rule establishes tolerances duty or contain any unfunded mandate Bean, succulent ...... 0.6 under FFDCA section 408(d) in as described under Title II of the response to a petition submitted to the Berry, low growing, subgroup 13– Unfunded Mandates Reform Act of 1995 07G, except cranberry ...... 5.0 Agency. The Office of Management and (UMRA) (Pub. L. 104–4). Budget (OMB) has exempted these types Brassica, head and stem, sub- This action does not involve any group 5A ...... 1 .0 of actions from review under Executive technical standards that would require Brassica, leafy greens, subgroup Order 12866, entitled ‘‘Regulatory Agency consideration of voluntary 5B ...... 10.0 Planning and Review’’ (58 FR 51735, consensus standards pursuant to section Bushberry subgroup 13–07B ...... 3 .0 October 4, 1993). Because this final rule 12(d) of the National Technology Caneberry subgroup 13–07A ...... 10 has been exempted from review under Transfer and Advancement Act of 1995 Canistel ...... 1 .2 Executive Order 12866, this final rule is (NTTAA), Public Law 104–113, section Canola, seed 1 ...... 0 .03 not subject to Executive Order 13211, 12(d) (15 U.S.C. 272 note). Citrus, dried pulp ...... 8 .0 entitled ‘‘Actions Concerning Citrus, oil ...... 60 Regulations That Significantly Affect VII. Congressional Review Act Dragon fruit ...... 2 .0 Energy Supply, Distribution, or Use’’ (66 The Congressional Review Act, 5 Fruit, pome, group 11–10 ...... 1 .7 FR 28355, May 22, 2001) or Executive U.S.C. 801 et seq., generally provides Fruit, small vine climbing, except Order 13045, entitled ‘‘Protection of that before a rule may take effect, the fuzzy kiwifruit, subgroup 13– Children from Environmental Health agency promulgating the rule must 07F ...... 3 .0 Risks and Safety Risks’’ (62 FR 19885, submit a rule report to each House of Fruit, stone, group 12 ...... 2 .0 April 23, 1997). This final rule does not the Congress and to the Comptroller Grape, raisin ...... 5 .0 contain any information collections General of the United States. EPA will Herb subgroup 19A, dried, except parsley ...... 15 .0 subject to OMB approval under the submit a report containing this rule and Paperwork Reduction Act (PRA), 44 Herb subgroup 19A, fresh, except other required information to the U.S. parsley ...... 3.0 U.S.C. 3501 et seq., nor does it require Senate, the U.S. House of any special considerations under Kiwifruit ...... 1.8 Representatives, and the Comptroller Leaf petioles subgroup 4B ...... 30 Executive Order 12898, entitled General of the United States prior to ‘‘Federal Actions to Address Leafy greens subgroup 4A ...... 50 publication of this final rule in the Lemon ...... 0 .60 Environmental Justice in Minority Federal Register. This final rule is not Populations and Low-Income Lime ...... 0 .60 a ‘‘major rule’’ as defined by 5 U.S.C. Longan ...... 2.0 Populations’’ (59 FR 7629, February 16, 804(2). Lychee ...... 2 .0 1994). Since tolerances and exemptions that List of Subjects in 40 CFR Part 180 Mango ...... 1 .2 Onion, bulb, subgroup 3–07A ...... 0 .6 are established on the basis of a petition Environmental protection, Onion, green, subgroup 3–07B .... 4 .0 under FFDCA section 408(d), such as Administrative practice and procedure, Papaya ...... 1.2 the tolerance in this final rule, do not Agricultural commodities, Pesticides Parsley, dried leaves ...... 170 require the issuance of a proposed rule, and pests, Reporting and recordkeeping Parsley, leaves ...... 35 the requirements of the Regulatory requirements. Pistachio ...... 0 .10 Flexibility Act (RFA) (5 U.S.C. 601 et Dated: August 10, 2012. Pulasan ...... 2.0 seq.) do not apply. Rambutan ...... 2.0 Daniel J. Rosenblatt, This final rule directly regulates Sapodilla ...... 1.2 growers, food processors, food handlers, Acting Director, Registration Division, Office Sapote, black ...... 1 .2 of Pesticide Programs. and food retailers, not States or tribes, Sapote, mamey ...... 1 .2 nor does this action alter the Therefore, 40 CFR chapter I is Spanish lime ...... 2 .0 relationships or distribution of power amended as follows: Star apple ...... 1.2 and responsibilities established by Turnip, greens ...... 10 .0 Congress in the preemption provisions PART 180—[AMENDED] Vegetable, cucurbit, group 9 ...... 0 .70 of FFDCA section 408(n)(4). As such, Vegetable, fruiting, group 8–10 .... 1 .5 ■ 1. The authority citation for part 180 the Agency has determined that this Vegetable, leaves of root and action will not have a substantial direct continues to read as follows: tuber, group 2 ...... 10 effect on States or tribal governments, Authority: 21 U.S.C. 321(q), 346a and 371. Vegetable, root, except sugar- on the relationship between the national ■ 2. In § 180.532, the table in paragraph beet, subgroup 1B ...... 0 .75 government and the States or tribal (a)(1) is revised to read as follows: Watercress ...... 20 governments, or on the distribution of 1 Import only. power and responsibilities among the § 180.532 Cyprodinil; tolerances for various levels of government or between residues. * * * * * the Federal Government and Indian (a) * * * [FR Doc. 2012–20235 Filed 8–16–12; 8:45 am] tribes. Thus, the Agency has determined (1) * * * BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 77, No. 160

Friday, August 17, 2012

This section of the FEDERAL REGISTER Forrestal Building, 8E–089, 1000 Energy, Office of Energy Efficiency and contains notices to the public of the proposed Independence Avenue SW., Renewable Energy, Building issuance of rules and regulations. The Washington, DC 20585–0121. Please Technologies, EE–2J, 1000 purpose of these notices is to give interested note that foreign nationals participating Independence Avenue SW., persons an opportunity to participate in the in the public meeting are subject to Washington, DC 20585–0121. Phone: rule making prior to the adoption of the final rules. advance security screening procedures. (202) 586–7463. Email: If a foreign national wishes to [email protected]. participate in the public meeting, please Ms. Elizabeth Kohl, U.S. Department DEPARTMENT OF ENERGY inform DOE of this fact as soon as of Energy, Office of General Counsel, possible by contacting Ms. Brenda GC–71, 1000 Independence Avenue 10 CFR Parts 429 and 430 Edwards at (202) 586–2945 so that the SW., Washington, DC 20585–0121. necessary procedures can be completed. Phone: (202) 586–7796, email: [Docket No. EERE–2012– BT–STD–0027] Stakeholders may submit comments, [email protected]. RIN 1904–AC81 identified by docket number EERE– SUPPLEMENTARY INFORMATION: 2012– BT–STD–0027 and/or Regulation I. Introduction and Legal Authority Energy Conservation Standards for Identifier Number (RIN) 1904–AC81, by II. Test Procedures Residential Dehumidifiers: Public any of the following methods: III. Energy Conservation Standards Meeting and Availability of the • Federal eRulemaking Portal: http:// Framework Document www.regulations.gov. Follow the I. Introduction and Legal Authority instructions for submitting comments. Title III, Part B of the Energy Policy AGENCY: Office of Energy Efficiency and • Email: ResDehumidifier and Conservation Act (EPCA) of 1975, Renewable Energy, Department of [email protected]. Include Public Law 94–163, (42 U.S.C. 6291– Energy. docket number EERE–2012– BT–STD– 6309), as amended, established an ACTION: Notice of public meeting and 0027 and/or RIN 1904–AC81 in the energy conservation program for availability of the framework document. subject line of the message. consumer products other than • Mail: Ms. Brenda Edwards, U.S. automobiles.1 SUMMARY: The Department of Energy Department of Energy, Building The Energy Policy Act of 2005 (DOE) issues a framework document to Technologies Program, Mailstop EE–2J, (EPACT 2005), Public Law 109–58, consider whether to amend the energy 1000 Independence Avenue SW., amended EPCA to establish energy conservation standards for residential Washington, DC 20585–0121. If conservation standards for dehumidifiers. DOE also announces a possible, please submit all items on a dehumidifiers 2 manufactured as of public meeting to discuss and receive CD. It is not necessary to include October 1, 2007. (Section 135(c)(4)) comments on issues that it will address printed copies. EPACT 2005 also required that DOE in this rulemaking proceeding. DOE is • Hand Delivery/Courier: Ms. Brenda issue a final rule by October 1, 2009, to initiating data collection for considering Edwards, U.S. Department of Energy, determine whether these standards amended energy conservation standards Building Technologies Program, 950 should be amended. (Id.) Compliance for residential dehumidifiers. DOE also L’Enfant Plaza SW., Suite 600, with any amended standards would be encourages written comments on Washington, DC 20024. Phone: (202) required for dehumidifiers potential amended standards, including 586–2945. Please submit one signed manufactured as of October 1, 2012. comments on the issues identified in the paper original. If possible, please submit (Id.) In the event that DOE did not framework document. The framework all items on a CD. It is not necessary to publish a final rule, EPACT 2005 document, which is intended to inform include printed copies. specified a new set of amended stakeholders and facilitate the • Docket: The docket is available for standards with a compliance date of rulemaking process, is available at review at http://www.regulations.gov, October 1, 2012. (Id.) http://www1.eere.energy.gov/buildings/ _ and will include Federal Register DOE issued an Advance Notice of appliance standards/residential/ notices, framework document, notice of Proposed Rulemaking (ANOPR) to dehumidifiers.html. proposed rulemaking, public meeting consider energy conservation standards DATES: DOE will hold a public meeting attendee lists and transcripts, for dehumidifiers and other products. on September 24, 2012, from 1 p.m. to comments, and other supporting 72 FR 64432 (Nov. 15, 2007). The 4 p.m. in Washington, DC. Any person documents/materials throughout the Energy Independence and Security Act requesting to speak at the public rulemaking process. The docket can be of 2007 (EISA 2007), Public Law 110– meeting should submit such request accessed by searching for Docket No. 140 subsequently amended EPCA to along with a signed original and an EERE–2012– BT–STD–0027 at the prescribe new energy conservation electronic copy of the statements to be regulations.gov Web site. given at the public meeting before 4 For further information on how to 1 Upon codification in the U.S. Code, Part B was p.m., September 10, 2012. Written submit or review public comments or re-designated Part A for editorial reasons. 2 Dehumidifiers are defined as self-contained, comments are welcome, especially view hard copies of the docket in the electrically operated, and mechanically encased following the public meeting, and Resource Room, contact Ms. Brenda assemblies consisting of: (1) A refrigerated surface should be submitted by September 17, Edwards at (202) 586–2945 or email: (evaporator) that condenses moisture from the 2012. [email protected]. atmosphere; (2) a refrigerating system, including an electric motor; (3) an air-circulating fan; and (4) a ADDRESSES: The public meeting will be FOR FURTHER INFORMATION CONTACT: Mr. means for collecting or disposing of the condensate. held at the U.S. Department of Energy, Stephen Witkowski, U.S. Department of (42 U.S.C. 6291(34))

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standards for dehumidifiers or amended energy conservation meeting. The discussion will not manufactured on or after October 1, standard be designed to achieve the include proprietary information, costs 2012. DOE codified the EISA 2007 maximum improvement in energy or or prices, market shares, or other standards at 10 CFR 430.32(v)(2). 74 FR water efficiency that is technologically commercial matters regulated by U.S. 12058 (Mar. 23, 2009). feasible and economically justified. To antitrust laws. EPCA also requires that, not later than determine whether a standard is After the public meeting and the 6 years after the issuance of a final rule economically justified, EPCA requires expiration of the period for submitting establishing or amending a standard, that DOE determine whether the written statements, DOE will begin DOE publish a notice of proposed benefits of the standard exceed its collecting data, conducting the analyses rulemaking (NOPR) proposing new burdens by considering, to the greatest as discussed at the public meeting, and standards or a notice of determination extent practicable, the following: reviewing public comments. that the existing standards do not need Anyone who wishes to participate in (1) The economic impact of the standard to be amended. (42 U.S.C. 6295(m)(1)) on the manufacturers and consumers of the the public meeting, receive meeting materials, or be added to the DOE II. Test Procedures affected products; (2) The savings in operating costs mailing list to receive future notices and EPCA specifies that the test procedure throughout the estimated average life of the information about the rulemaking for dehumidifiers must be based on the product compared to any increases in the process for residential dehumidifiers U.S. Environmental Protection Agency initial cost, or maintenance expense; should contact Ms. Brenda Edwards at (EPA)’s test criteria used under the (3) The total projected amount of energy (202) 586–2945 ENERGY STAR Program in effect on and water (if applicable) savings likely to result directly from the imposition of the Issued in Washington, DC, on July 31, August 8, 2005, unless DOE revises the 2012. test procedures. (42 U.S.C. 6293(b)(13)) standard; (4) Any lessening of the utility or the Kathleen B. Hogan, Those ENERGY STAR test criteria performance of the products likely to result require that American National Deputy Assistant Secretary of Energy, Energy from the imposition of the standard; Efficiency and Renewable Energy. Standards Institute (ANSI)/Association (5) The impact of any lessening of [FR Doc. 2012–20231 Filed 8–16–12; 8:45 am] of Home Appliance Manufacturers competition, as determined in writing by the (AHAM) Standard DH–1 be used to Attorney General, that is likely to result from BILLING CODE 6450–01–P measure capacity in pints of moisture the imposition of the standard; removed per day, while Canada’s CAN/ (6) The need for national energy and water Canadian Standards Association (CSA)– conservation; and DEPARTMENT OF TRANSPORTATION C749–94 is used to calculate the energy (7) Other factors the Secretary considers relevant. Federal Aviation Administration factor (EF) in terms of liters of moisture removed per kilowatt-hour (kWh). DOE (42 U.S.C. 6295 (o)(2)(B)(i)) 14 CFR Parts 43, 91, and 145 codified the test procedure requirements To begin the required rulemaking from EPCA for dehumidifiers at 10 CFR process, DOE has prepared a framework [Docket No. FAA–2006–26408; Notice No. part 430 subpart B, appendix X. 71 FR document to explain the issues, 12–03] 71340 (Dec. 8, 2006). analyses, and processes that it is RIN 2120–AJ61 EPCA requires that DOE amend the considering for the development of test procedures for certain residential amended energy conservation standards Repair Stations; Extension of products, including dehumidifiers, to for residential dehumidifiers. The Comment Period incorporate measures of standby mode framework document is available at and off mode energy use, if technically http://www1.eere.energy.gov/buildings/ AGENCY: Federal Aviation feasible. DOE published a NOPR in appliance_standards/residential/ Administration (FAA), DOT. which it proposed to incorporate by dehumidifiers.html. ACTION: Notice of proposed rulemaking reference in the test procedures for Additionally, DOE will hold a public (NPRM); Extension of comment period. dehumidifiers and other products an meeting to focus on the analyses and SUMMARY: This action extends the international test method for measuring issues described in the framework document. DOE encourages anyone who comment period for an NPRM that was standby mode and off mode power published on May 21, 2012. In that consumption, International wishes to participate in the public meeting to view the framework document, the FAA proposed to update Electrotechnical Commission (IEC) and revise the regulations for repair Standard 62301. 75 FR 75290 (Dec. 2, document and to be prepared to discuss its contents. Public meeting participants stations. This extension is a result of 2010). DOE subsequently published a formal requests from repair stations and Supplemental Notice of Proposed need not limit their comments to the topics identified in the framework industry associations to extend the Rulemaking (SNOPR) to propose comment period to the proposal. This referencing the updated version of IEC document; DOE is also interested in receiving views on other relevant issues extension is necessary to afford all Standard 62301. 76 FR 58346 (Sept. 20, interested parties an opportunity to 2011). In a second SNOPR, DOE that participants believe would affect energy conservation standards for these present their views on the proposed proposed in relevant part to measure rulemaking. both capacity and EF for dehumidifiers products. DOE welcomes all interested according to the current version of parties, regardless of whether they DATES: Comments must be received on AHAM Standard DH–1. 77 FR 31444 participate in the public meeting, to or before November 19, 2012. (May 25, 2012). submit in writing comments and ADDRESSES: You may send comments information on matters addressed in the identified by Docket No. FAA–2006– III. Energy Conservation Standards framework document and on other 26408 using any of the following During this rulemaking, DOE will matters relevant to consideration of methods: determine whether to further amend the standards for residential dehumidifiers. • Federal eRulemaking Portal: Go to energy conservation standards for DOE will conduct the public meeting http://www.regulations.gov and follow residential dehumidifiers. (42 U.S.C. in an informal conference style. A court the online instructions for sending your 6295(cc)). EPCA requires that any new reporter will record the minutes of the comments electronically.

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• Mail: Send comments to Docket By letter dated August 3, 2012, nine Issued in Washington, DC, on August 13, Operations, M–30; U.S. Department of associations representing a large cross- 2012. Transportation (DOT), 1200 New Jersey section of the aviation industry jointly Brenda D. Courtney, Avenue SE., Room W12–140, West requested that the FAA extend the Acting Director, Office of Rulemaking. Building Ground Floor, Washington, DC comment period for 90 days [FR Doc. 2012–20277 Filed 8–16–12; 8:45 am] 20590–0001. (Aeronautical Repair Station BILLING CODE 4910–13–P • Hand Delivery or Courier: Take Association, Aerospace Industries comments to Docket Operations in Association, Aircraft Electronics Room W12–140 of the West Building Association, Aircraft Owners and Pilots DEPARTMENT OF LABOR Ground Floor at 1200 New Jersey Association, Airlines for America, Avenue SE., Washington, DC, between 9 Helicopter Association International, Occupational Safety and Health a.m. and 5 p.m., Monday through National Air Carrier Association, Administration Friday, except Federal holidays. National Air Transportation • Fax: Fax comments to Docket 29 CFR Part 1926 Operations at 202–493–2251. Association, and Regional Airline Privacy: We will post all comments Association). The petitioners stated that [Docket ID–OSHA–2007–0066] we receive, without change, to http:// good cause and need for an extended RIN 1218–AC61 www.regulations.gov, including any comment period arises from the scope personal information the commenter and extent of the proposed changes, Cranes and Derricks in Construction: provides. Using the search function of coupled with the effects it will have Demolition and Underground the docket Web site, anyone can find between and among individual Construction and read the electronic form of all companies represented by the AGENCY: Occupational Safety and Health comments received into any FAA petitioners. Further, the petitioners Administration (OSHA), Labor. docket, including the name of the noted that many repair stations are ACTION: Notice of proposed rulemaking. individual sending the comment (or small businesses which do not have signing the comment for an association, departments or personnel dedicated to SUMMARY: On August 9, 2010, OSHA business, labor union, etc.). DOT’s reviewing regulatory changes. As such, issued a final standard updating the complete Privacy Act Statement can be they may not be aware of the proposals, requirements for cranes and derricks found in the Federal Register published and the petitioners need more time to used in construction work. For most on April 11, 2000 (65 FR 19477–19478), reach these small businesses and gather construction work, the final rule as well as at http://DocketsInfo.dot.gov. their input. Finally, the petitioners replaced a prior cranes and derricks Docket: Background documents or stated that more time is needed to standard. However, the prior standard comments received may be read at consolidate its members’ comments and continues to apply to demolition and http://www.regulations.gov at any time. coordinate these comments among the underground construction work. Follow the online instructions for group. Through this proposed rule, OSHA is accessing the docket or Docket proposing to apply the updated The FAA agrees with the petitioners’ Operations in Room W12–140 of the requirements to that work. With this request for an extension of the comment West Building Ground Floor at 1200 proposed rule, OSHA also is proposing period. We recognize the NPRM’s New Jersey Avenue SE., Washington, to correct inadvertent errors made to the DC, between 9 a.m. and 5 p.m., Monday contents are significant and complex. demolition and underground through Friday, except Federal holidays. Further, we understand that it is the construction standards when it issued FOR FURTHER INFORMATION CONTACT: intention of the petitioners to continue the final rule for cranes and derricks in James M. Crotty, ARM–205, Office of to canvass their members for comments, construction. and to coordinate and consolidate the Rulemaking, Federal Aviation DATES: Submit comments to this Administration, 800 Independence additional comments. proposed rule, including comments to Avenue SW., Washington, DC 20591, Absent unusual circumstances, the the information-collection (paperwork) telephone (202) 267–9456; email FAA does not anticipate any further determination (described under the [email protected]. extension of the comment period for section titled AGENCY SUPPLEMENTARY INFORMATION: See the this rulemaking. DETERMINATIONS), hearing requests, and other information by September 17, ‘‘Additional Information’’ section in the Extension of Comment Period NPRM (77 FR 30054) for further 2012. All submissions must bear a information on how to comment on the In accordance with § 11.47(c) of Title postmark or provide other evidence of proposals in the NPRM and how the 14, Code of Federal Regulations, the the submission date. FAA will handle comments received. FAA has reviewed the joint petition ADDRESSES: Submit comments, hearing The ‘‘Additional Information’’ section made by the nine associations for requests, and other material, identified also contains related information about extension of the comment period to by Docket No. OSHA–2007–0066, by the docket, privacy, and the handling of Notice No. 12–03. These petitioners any of the following methods: proprietary or confidential business have shown a substantive interest in the Electronically: Submit comments and attachments, as well as hearing requests information. In addition, there is proposed rule and good cause for the and other information, electronically at information on obtaining copies of extension. The FAA has determined that http://www.regulations.gov, which is related rulemaking documents. extension of the comment period is the Federal e-Rulemaking Portal. Follow Background consistent with the public interest, and the instructions online for submitting On May 21, 2012, the FAA issued that good cause exists for taking this comments. Please note that this docket Notice No. 12–03, entitled ‘‘Repair action. may include several different Federal Stations’’ (77 FR 30054). Comments to Accordingly, the comment period for Register notices involving active that document were to be received on or Notice No. 12–03 is extended to rulemakings, so selecting the correct before August 20, 2012. November 19, 2012. notice or its ID number when submitting

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comments for this rulemaking is others) such as Social Security numbers, direct final rule, OSHA will publish a extremely important. After accessing the birth dates, and medical data. Federal Register document confirming docket (OSHA–2007–0066), look for the Docket: To read or download the effective date of the direct final rule name of this rulemaking (Cranes and comments or other material in the and withdrawing this companion Derricks in Construction: Demolition docket, go to http://www.regulations.gov proposed rule. Such confirmation may and Underground Construction) in the or to the OSHA Docket Office at the include minor stylistic or technical column labeled ‘‘Title.’’ above address. The electronic docket for changes to the document. For the Facsimile: OSHA allows facsimile this proposed rule established at purpose of judicial review, OSHA transmission of comments that are 10 http://www.regulations.gov lists most of considers the date of confirmation of the pages or fewer in length (including the documents in the docket. However, effective date of the direct final rule as attachments). Fax these documents to some information (e.g., copyrighted the date of promulgation. the OSHA Docket Office at (202) 693– material) is not available publicly to II. Direct Final Rulemaking 1648. OSHA does not require hard read or download through this Web site. copies of these documents. Instead of All submissions, including copyrighted In direct final rulemaking, an agency transmitting facsimile copies of material, are available for inspection at publishes a direct final rule in the attachments that supplement these the OSHA Docket Office. Contact the Federal Register with a statement that documents (e.g., studies, journal OSHA Docket Office for assistance in the rule will become effective unless the articles), commenters must submit these locating docket submissions. agency receives significant adverse comment within a specified period. The attachments to the OSHA Docket Office, FOR FURTHER INFORMATION CONTACT: agency may publish an identical Technical Data Center, Room N–2625, General information and press proposed rule at the same time. If the OSHA, U.S. Department of Labor, 200 inquiries: Mr. Frank Meilinger, OSHA agency receives no significant adverse Constitution Ave. NW., Washington, DC Office of Communications, Room N– comment in response to the direct final 20210. These attachments must clearly 3647, U.S. Department of Labor, 200 rule, the agency typically confirms the identify the sender’s name, the date, Constitution Avenue NW., Washington, effective date of a direct final rule subject, the title of the rulemaking DC 20210; telephone: (202) 693–1999. through a separate Federal Register (Cranes and Derricks in Construction: Technical inquiries: Mr. Garvin notice. If the agency receives a Demolition and Underground Branch, Directorate of Construction, significant adverse comment, the agency Construction) and the docket number Room N–3468, OSHA, U.S. Department withdraws the direct final rule and (OSHA–2007–0066) so that the Docket of Labor, 200 Constitution Avenue NW., treats such comment as a response to Office can attach them to the Washington, DC 20210; telephone: (202) the proposed rule. An agency uses appropriate document. 693–2020; fax: (202) 693–1689. direct final rulemaking when it Regular mail, express delivery, hand Copies of this Federal Register notice anticipates that a rule will not be (courier) delivery, and messenger and news releases: Electronic copies of controversial. service: Submit comments and any these documents are available at OSHA is publishing a companion additional material to the OSHA Docket OSHA’s Web page at http:// direct final rule along with this Office, RIN No. 1218–AC61, Technical www.osha.gov. proposed rule in the ‘‘Final Rules’’ Data Center, Room N–2625, OSHA, U.S. SUPPLEMENTARY INFORMATION: section of today’s Federal Register. For Department of Labor, 200 Constitution purposes of this proposed rule and the Ave. NW., Washington, DC 20210; Table of Contents companion direct final rule, a telephone: (202) 693–2350. (OSHA’s I. Request for Comment significant adverse comment is one that TTY number is (877) 889–5627). Contact II. Direct Final Rulemaking explains why the amendments to the OSHA Docket Office for information III. Discussion of Amendments OSHA’s underground construction and about security procedures concerning A. Background demolition standards would be delivery of materials by express B. Demolition Work inappropriate. In determining whether a delivery, hand delivery, and messenger C. Underground Construction comment necessitates withdrawal of the D. Rationale for Extending Subpart CC to service. The Docket Office will accept direct final rule, OSHA will consider deliveries (express delivery, hand Demolition and Underground Construction whether the comment raises an issue delivery, messenger service) during the IV. Agency Determinations serious enough to warrant a substantive Docket Office’s normal business hours, A. Final Economic Analysis and Final response in a notice-and-comment 8:15 a.m. to 4:45 p.m., E.T. Regulatory Flexibility Analysis process. OSHA will not consider a Instructions: All submissions must B. Paperwork Reduction Act of 1995 comment recommending an additional include the Agency’s name, the title of C. Federalism amendment to be a significant adverse the rulemaking (Cranes and Derricks in D. State Plan States comment unless the comment states Construction: Demolition and E. Unfunded Mandates Reform Act why the direct final rule would be Underground Construction), and the F. Consultation and Coordination With ineffective without the addition. Indian Tribal Governments docket number (i.e., OSHA Docket No. G. Legal Considerations The comment period for the direct OSHA–2007–0066). OSHA will place List of Subjects in 29 CFR Part 1926 final rule runs concurrently with that of comments and other material, including Authority and Signature this proposed rule. OSHA will treat any personal information, in the public Amendments to Standards comments received on the companion docket without revision, and the direct final rule as comments regarding comments and other material will be I. Request for Comment the proposed rule. OSHA also will available online at http:// OSHA requests comment on all issues consider significant adverse comment www.regulations.gov. Therefore, OSHA related to the proposed rule, including submitted to this proposed rule as cautions commenters about submitting economic, paperwork, or other comment to the companion direct final statements they do not want made regulatory impacts of this rule on the rule. If OSHA receives a significant available to the public, or submitting regulated community. If OSHA receives adverse comment on either the direct comments that contain personal no significant adverse comment to final rule or this proposed rule, it will information (either about themselves or either this proposal or the companion publish a timely withdrawal of the

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companion direct final rule and proceed new rule to supplant the former rule corrections to these standards that with this proposed rule. In the event entirely, OSHA proposed to remove and OSHA proposes. OSHA withdraws the direct final rule reserve § 1926.550 (73 FR 59915). When B. Demolition Work because of significant adverse comment, other OSHA construction standards OSHA will consider all timely referred to § 1926.550 directly, or Before OSHA issued the final rule for comments received in response to the indirectly, as part of subpart N, OSHA cranes and derricks in construction, direct final rule when it continues with proposed to amend those provisions to § 1926.856(c) stated, ‘‘Mechanical the proposed rule. After carefully refer instead to the new requirements in equipment used shall meet the considering all comments to the direct subpart CC (73 FR 59914–15). requirements specified in subparts N final rule and the proposal, OSHA will In the proposed rule for cranes and and O of this part,’’ and § 1926.858(b) decide whether to publish a new final derricks in construction, OSHA read, ‘‘Cranes, derricks, and other rule. inadvertently did not propose to amend hoisting equipment used shall meet the OSHA determined that the subject of three provisions that referred to subpart requirements specified in subpart N of this rulemaking is suitable for direct N and encompassed the requirements of this part.’’ In the final rule for cranes final rulemaking. Under the final rule § 1926.550. These provisions included and derricks in construction, OSHA for cranes and derricks in construction, two provisions applicable to demolition established a new subpart DD, most construction work involving work (§ 1926.856(c) and § 1926.858(b)), redesignated the prior cranes and cranes and derricks falls under new and one provision applicable to derricks rule (§ 1926.550) as § 1926.1501 subpart CC of 29 CFR 1926, but underground construction work of subpart DD, and amended underground construction and (§ 1926.800(t)). When it issued the final § 1926.856(c) to require compliance demolition remain covered under the rule, OSHA noted concerns about with the new subpart DD, in addition to former rule (i.e., § 1926.550). These potentially inadequate notice to the the remaining requirements of subparts proposed amendments will result in the public regarding any effort to amend N and O. OSHA also amended new subpart CC covering all these provisions in the final rule; § 1926.858(b) to require compliance construction operations, thereby consequently, OSHA decided not to with new subpart DD instead of subpart improving worker safety because the amend these provisions in the final rule. N. new rule provides better protection to OSHA instead stated that it would It was OSHA’s expressed purpose not workers than the former rule. Moreover, revisit the issue later (75 FR 47920–21). to make substantive revisions to the these proposed amendments will Having removed the requirements of requirements of these two sections in facilitate employer compliance by § 1926.550 in the final rule, OSHA had the final rule.2 Nevertheless, OSHA having all construction operations to reestablish the substance of the made an inadvertent substantive change involving cranes and derricks subject to demolition and underground to § 1926.858(b).3 That section originally a single rule rather than by having a few construction provisions in a new incorporated all requirements of subpart operations subject to a different rule. In subpart DD in the final rule, redesignate N for ‘‘cranes, derricks, and other addition, this proposed (and the direct § 1926.550 as § 1926.1501 of subpart hoisting equipment,’’ not just the final) rule corrects inadvertent errors DD, and amend the demolition and requirements of subpart N’s cranes and made to the standards for underground underground construction provisions derricks standard at § 1926.550. construction and demolition when that previously referred to subpart N to However, the final rule did not OSHA issued the final cranes rule. refer instead to the new subpart DD. reference other requirements of subpart Therefore, OSHA does not expect OSHA provided in § 1926.1500 of N that pertain to demolition work, objections from the public to this subpart DD that ‘‘[t]his subpart applies which include the requirements of rulemaking action. Accordingly, the in lieu of § 1926 subpart CC.’’ However, § 1926.552 (Material hoists, personnel Agency believes the regulated in making these revisions, OSHA hoists, and elevators) and § 1926.554 community will welcome this effort to inadvertently made changes to the (Overhead hoists). As a result, the harmonize the requirements regulating demolition and underground amendment had the effect of deleting crane and derrick operations in construction provisions that modified the requirement for employers engaged underground construction and the meaning of these provisions. In in demolition work to comply with demolition, and to remove errors that addition, the Code of Federal §§ 1926.552 and 1926.554. Therefore, to hinder interpretation and proper Regulations eliminated all of the cover all construction work under application of existing standards. subparagraphs of § 1926.800(t), except subpart CC, and to correct these errors, III. Discussion of Amendments for the introductory paragraph, because OSHA is proposing to amend of a technical error in the draft §§ 1926.856(c) and 1926.858(b) by A. Background regulatory language. replacing the requirements to comply OSHA designed the final rule for This proposed rule, therefore, will with subpart DD with requirements to cranes and derricks in construction, accomplish two goals. First, it will bring comply with subpart CC, and is codified at 29 CFR part 1926, subpart all crane and derrick use in construction proposing to amend § 1926.858(b) by CC, to replace the earlier rule work under new subpart CC. Second, it (§ 1926.550) for all construction work.1 will correct the errors in the final rule 2 OSHA explained in the preamble to the final In proposing the new cranes and that substantively altered the demolition rule that the ‘‘redesignation of § 1926.550 and the derricks rule, OSHA explained that the and underground construction replacement of references [to subpart N] do not alter provisions, and replace subparagraphs any of the substantive requirements of rule’s purpose was ‘‘to protect §§ 1926.856(c) and 1926.858(b)’’ (75 FR 47921). employees from the hazards associated § 1926.800(t)(1) through (4). Below, 3 OSHA also inadvertently listed the heading of with hoisting equipment when used to OSHA describes the amendments to the § 1926.858 as ‘‘Removal of walls, floors and perform construction activities’’ (73 FR demolition and underground materials with equipment’’ (the same heading as construction standards that OSHA made § 1926.856), instead of ‘‘Removal of steel 59714). Because OSHA developed the construction,’’ but this erroneous heading did not in the final rule for cranes and derricks appear in the subsequent edition of the Code of 1 OSHA published the final rule at 75 FR 47906 in construction (including inadvertent Federal Regulations (CFR). Therefore, OSHA finds (Aug. 9, 2010). errors), as well as the revisions and no need to address this error in this rulemaking.

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reinstating the requirement to comply § 1926.800(t) ‘‘do not alter any of the the beginning of the second sentence of with subpart N as well. substantive requirements of the introductory paragraph of § 1926.800(t)’’ (75 FR 47920). However, § 1926.800(t) results in ambiguity as to C. Underground Construction OSHA inadvertently changed the relationship between incorporated Section 1926.800(t) contains § 1926.800(t) by amending the crane requirements and the provisions requirements for hoisting that are introductory paragraph to require in § 1926.800(t)(1) through (4). Finally, unique to underground construction. employers engaged in underground the inadvertent elimination of Before OSHA issued the final rule for construction to comply only with new § 1926.800(t)(1) through (4) from the cranes and derricks in construction, the § 1926.1501(g) (which duplicated Code of Federal Regulations resulted in previous version of § 1926.800(t) § 1926.550(g)), instead of preserving the eliminating requirements that OSHA contained an introductory paragraph former routine-access exemption by adopted in a 1989 rulemaking (54 FR that cross-referenced other OSHA requiring compliance with § 1926.1501 23843) to ensure that employees standards that apply to hoisting in in its entirety, and modifying the engaged in underground construction underground construction; these cross- requirements of § 1926.1501(g)(2) receive adequate protection from references consisted of the requirements (which duplicated former hazards unique to hoisting in this of the prior cranes and derricks rule at § 1926.550(g)(2)).5 Additionally, OSHA setting. § 1926.550, including most of inadvertently moved the language In this proposed rule, OSHA is § 1926.550(g) (the provision of the prior ‘‘Except as modified by paragraph (t)’’ to proposing to amend § 1926.800(t) to rule that applied to hoisting personnel), the beginning of the second sentence of extend subpart CC to underground and requirements for material hoists, the introductory paragraph so that it no construction, and to resolve the personnel hoists, and elevators at longer applied to the cross-referenced technical errors set forth in this section. § 1926.552(a) through (d). Previous § 1926.1501 requirements, but instead OSHA is proposing to amend the § 1926.800(t) included one substantive only applied to the cross-referenced introductory paragraph of § 1926.800(t) modification to the requirements of requirements in § 1926.552(a) through to restore the provision allowing prior § 1926.550(g)(2): employers could (d). Finally, although OSHA did not employers to use cranes to hoist use cranes to hoist employees for plan to alter any of the (then remaining) personnel for routine access to the routine access to underground worksites requirements and exemptions of underground worksites via a shaft via a shaft without showing that § 1926.800(t)(1) through (4), but only to without the need to show that conventional means would be more amend the introductory paragraph, a conventional means of access are more hazardous, or not possible, for this technical error in the instructions to the hazardous or impossible for this purpose due to structural design or Federal Register resulted in the deletion purpose. This amendment excepts worksite conditions.4 When it issued of subparagraphs § 1926.800(t)(1) routine access of employees to an the underground construction rule, through (4). The deletion was not underground worksite via a shaft from OSHA included this modification mentioned in the preamble to the final the requirements of § 1926.1431(a). The because hoisting personnel for routine cranes rule. requirements of § 1926.1431(a) are access to the underground worksites via As amended by the final cranes rule, virtually identical to the requirements of a shaft occurs under more controlled, § 1926.800(t) presents four problems. § 1926.550(g)(2). In addition, OSHA is and less hazardous, conditions than First, the prior version of § 1926.800(t) proposing to amend § 1926.800(t) by hoisting personnel in general (54 FR incorporated all of § 1926.550, not just restoring the clause ‘‘Except as modified 23824, 23845). Previous § 1926.800(t)(1) § 1926.550(g). However, the amended by this paragraph (t)’’ to the beginning through (4) contained additional version of § 1926.800(t) refers only to of the introductory paragraph, and requirements for hoisting unique to § 1926.1501(g), the successor to restoring § 1926.800(t)(1) through (4). underground construction. Language at § 1926.550(g). Therefore, as now OSHA is also proposing to revise the the beginning of the introductory written, § 1926.800(t) does not explicitly language in the introductory paragraph paragraph of § 1926.800(t), ‘‘Except as require employers to comply with either for clarity, and is proposing to correct modified by this paragraph (t),’’ clarified the final cranes rule or the prior rule at three minor grammatical errors that that the requirements and exceptions in § 1926.550, except for § 1926.1501(g), appeared in the text of paragraphs 1926.800(t)(1) through (4) take the prior rule’s provision on hoisting § 1926.800(t)(3)(vi), (t)(4)(iii), and precedence over the cross-referenced personnel. Second, the exception from (t)(4)(iv), as previously published in the requirements, including the former § 1926.550(g)(2), specified in the former Code of Federal Regulations. cranes standard under § 1926.550. version of § 1926.800(t), provided that D. Rationale for Extending Subpart CC In the final cranes rule, OSHA employers could use cranes to hoist to Demolition and Underground redesignated the prior cranes and personnel for routine access to Construction derricks rule as § 1926.1501 of subpart underground worksites via a shaft DD. It was OSHA’s expressed purpose to without showing that other means of The revisions made by this proposed preserve the existing crane requirements access are more hazardous or rule will enable OSHA to cover all for underground construction by impossible. OSHA did not include this cranes and derricks used in construction changing references in the introductory exception in the new version of under subpart CC. These revisions paragraph of § 1926.800(t) from § 1926.800(t). This inadvertent error implement the original purpose of the § 1926.550 and § 1926.500(g)(2) to places an additional and unnecessary rule and will benefit both employees § 1926.1501 and § 1926.1501(g)(2), burden on employers that use cranes for and employers. These revisions would respectively. OSHA clarified this this purpose. Third, moving the text ensure that the significant benefits of purpose in the preamble to the final rule ‘‘Except as modified by paragraph (t)’’ to subpart CC, which include saving 22 by stating that the revisions to lives per year and preventing 175 non- 5 OSHA stated in the final rule that it was fatal injuries per year compared to prior 4 Prior § 1926.550(g)(2) required employers to including the reference to § 1926.1501(g) to avoid § 1926.550 (75 FR 48079), extend to show, before using cranes to hoist personnel to a any potential notice problem that may arise if demolition and underground worksite, that conventional means would be more OSHA substituted a reference to subpart CC in hazardous than cranes, or not possible, due to place of the prior reference to § 1926.550(g) (75 FR construction. Accordingly, applying structural design or worksite conditions. 47920). subpart CC to demolition and

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underground construction will ensure crane operations, and industry sectors firms that lease cranes, for total that construction workers in those subject to this proposed rule, found that annualized costs of $3,260,860 (75 FR sectors receive the same safety the requirements of the rule were 48102–48105). Table B–9 also showed protections from new subpart CC as technologically and economically that NAICS 238910, which contains all other construction workers. feasible. crane operations involving demolitions, The revisions also will benefit Because the FEA drew these had annualized compliance costs of construction contractors that engage in conclusions from calculations $1,232,974 for firms that own and rent underground construction or demolition encompassing all of the underground cranes, $292,601 for firms that own but work, in addition to other types of construction and demolition crane do not rent cranes, and $1,626,463 for construction work, because these operations covered by this proposed firms that lease cranes, for total contractors will now be subject to a rule, the conclusions in the earlier FEA annualized compliance costs of single standard rather than having some are valid for this proposed rule. The $3,152,038. The total annualized of their activities covered under subpart reference to the FEA for the final cranes compliance costs for both sectors are CC and other work covered by subpart rule, therefore, establishes that this $6,412,898. Because these two NAICS DD. This action will avoid the confusion proposed rule is technologically and sectors include operations not involved that would result if new subpart CC economically feasible, addresses in underground construction or covers part of a project and revised significant risks, and reduces those risks demolition, the total estimated § 1926.800(t) covers another part of the significantly. The FEA, which OMB annualized compliance costs of project. For example, in a cut-and-cover reviewed, meets the requirements of $6,412,898 for these two sectors will be tunneling project, the underground Executive Orders 12866 and Executive greater than the actual costs of this construction standard applies only after Order 13563 with respect to the proposed rule. Based on these costs, covering the excavation in such a operations covered by this proposed OSHA concludes that this proposed rule manner as to establish conditions rule; OSHA included these operations is not a significant rule under either characteristic of underground in the FEA for the final cranes standard. E.O. 12866 or the Unfunded Mandates construction. 29 CFR 1926.800(a). Therefore, OSHA believes that this Act. Therefore, under the current proposed rule also complies with With respect to technological requirements, subpart CC would apply Executive Orders 12866 and Executive feasibility, the earlier FEA, which to the work while the excavation is Order 13563. included consideration of both open, but after covering the excavation, To determine if this proposed rule has underground construction and subpart DD would apply, thereby annual costs of greater than $100 demolition operations, noted: million, or would have a significant resulting in the same crane or derrick In accordance with the OSH Act, OSHA is being subject to different standards economic impact on a substantial number of small firms, OSHA examined required to demonstrate that occupational during different phases of the project. safety and health standards promulgated by Finally, this action will facilitate the sectors most affected by this the Agency are technologically feasible. employer compliance because proposed rule. This proposed rule Accordingly, OSHA reviewed the demolition and underground affects two construction sectors: NAICS requirements that would be imposed by the construction contractors will no longer 237990 (Other Heavy and Civil final regulation, and assessed their Engineering Construction), which technological feasibility. As a result of this be subject to the outdated requirements review, OSHA has determined that in prior § 1926.550, which relied includes all establishments engaged in underground construction, and NAICS compliance with the requirements of the heavily on pre-1970 consensus 238910 (Site Preparation Contractors), final standard is technologically feasible for standards. all affected industries. The standard would which includes all establishments require employers to perform crane IV. Agency Determinations engaged in demolition. This analysis, inspections, utilize qualified or certified therefore, reviews the results for these A. Final Economic Analysis and Final crane operators, address ground conditions, two sectors reported in the final crane maintain safe distances from power lines Regulatory Flexibility Analysis standard’s FEA, which the Federal using the encroachment prevention When it issued the final cranes rule, Register published on August 9, 2010. precautions, and to fulfill other obligations OSHA prepared a final economic That FEA simply considered all under the standard. Compliance with all of analysis (FEA) as required by the cranes and crane operations in these these requirements can be achieved with Occupational Safety and Health Act of sectors, and did not analyze separately readily and widely available technologies. 1970 (OSH Act; 29 U.S.C. 651 et seq.) Some businesses in the affected industries those operations involving underground already implement the requirements of the and Executive Order 12866 (58 FR construction or demolitions because standard to varying degrees (some states have 51735). OSHA also published a Final OSHA planned to apply subpart CC to requirements), as noted during the SBREFA Regulatory Flexibility Analysis (FRFA) these operations. OSHA will report here Panel. OSHA believes that there are no as required by the Regulatory Flexibility the results for these entire sectors, technological constraints in complying with Act (5 U.S.C. 601–612). OSHA’s which will inevitably involve greater any of the proposed requirements, and approach to estimating costs and costs and impacts than for the activities received no comments that suggested that economic impacts in these analyses addressed in this proposed rule because these standards were technologically began by estimating, for all construction both sectors have many cranes and infeasible. sectors, the total number of cranes and crane jobs that do not involve (75 FR 48095). whether they were owned and rented; underground construction or demolition In Table B–12 of the FEA for the final owned without rental; or leased. As a activities. Table B–9 of the FEA showed cranes rule, OSHA examined the costs result, both analyses covered all cranes that NAICS 237990, which includes all as a percentage of revenues and as a engaged in construction activities, crane operations involved in percentage of profits in these two including cranes engaged in underground construction operations, sectors. This table shows that, for both underground construction and cranes had annualized compliance costs of sectors, the greatest potential impacts engaged in construction work involving $1,903,569 for firms that own and rent were on establishments that own and demolition. The FEA for the final cranes cranes, $205,532 for firms that own but rent cranes with operators. This table standard, which included all cranes, do not rent cranes, and $1,151,759 for showed that for NAICS 237990, which

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includes all underground construction Table B–15 shows that, for NAICS OMB’s approval of OSHA’s ICR under operations, costs were 0.18 percent (less 237990, costs were 0.18 percent of Control Number 1218–0261 already than 1 percent) of revenues and 3.54 revenues and 3.54 percent of profits. covers all collections of information percent of profits. This table also This table also shows that, for NAICS required by this proposed rule, and showed that for NAICS 238910, 238910, including all demolition OSHA does not believe it is necessary including all demolition operations operations involving cranes, there were to submit a new ICR to OMB seeking to involving cranes, costs were 0.18 no very small entities that owned and collect additional information under percent of revenues and 4.05 percent of rented cranes, with the result that the this proposed rule. profits. (Table B–12 and the FEA as a greatest impacts are for small entities Interested parties who comment on whole provide the full calculations and that own and rent crane where costs are OSHA’s determination that this derivations.) The FEA from the final 0.18 percent of revenues and 4.05 proposal contains no additional cranes standard stated: percent of profits. paperwork requirements must send their written comments to the Office of The Agency concludes that the final In its regulatory flexibility analysis, standard is economically feasible for the OSHA generally defines a significant Management and Budget, Attn: OMB affected industries. As described above, a economic impact on small entities as Desk Officer for OSHA, Room 10235, standard is economically feasible if there is one with costs in excess of one percent 726 Jackson Place, NW., Washington, a reasonable likelihood that the estimated of revenues or five percent of profits. DC 20503. OSHA also encourages costs of compliance ‘‘will not threaten the The possible costs of this proposed rule commenters to submit their comments existence or competitive structure of an clearly are well below these thresholds. on this paperwork determination to it, industry, even if it does portend disaster for along with their other comments on the some marginal firms.’’ United Steelworkers of OSHA, therefore, certifies that this proposed rule will not have a significant proposed rule. America v. Marshall, 647 F.2d 1189, 1272 OSHA notes that a Federal agency (D.C. Cir. 1980). The potential impacts on economic impact on a substantial employer costs associated with achieving number of small entities. cannot conduct or sponsor a collection compliance with the final standard fall well of information unless OMB approves it within the bounds of economic feasibility in B. Paperwork Reduction Act of 1995 under the Paperwork Reduction Act of each industry sector. Costs of 0.2 percent of When OSHA issued the final rule on 1995 (44 U.S.C. 3501 et seq.), and the revenues and 4 percent of profits will not August 9, 2010, it submitted an agency displays a currently valid OMB threaten the existence of the construction Information Collection Request (ICR) to control number. The public need not industry, affected general industry sectors, or the Office of Management and Budget respond to a collection of information the use of cranes in affected industry sectors. requirement unless the agency displays OSHA does not expect compliance with the (OMB) titled Cranes and Derricks in requirements of the final standard to threaten Construction (29 CFR Part 1926, a currently valid OMB control number, the viability of employers or the competitive Subpart CC). This ICR 6 covered all and, notwithstanding any other structure of any of the affected industry establishments in the construction provision of law, no person shall be sectors. When viewed in the larger context of industry, including all of the subject to a penalty for failing to comply the construction sector, an increase in costs establishments in NAICS 237990 and with a collection of information of $148.2 million a year is effectively NAICS 238910. On November 1, 2010, requirement if the requirement does not negligible, and will have no noticeable effect OMB approved the ICR under OMB display a currently valid OMB control on the demand for construction services. number. Even when viewed as an increase in the costs control number 1218–0261, with an of using cranes, an increase in the cost of expiration date of November 30, 2013. C. Federalism rentals services of 0.2 percent will not cause Subsequently, in December 2010, OSHA the construction industry to forego the use of discontinued the Cranes and Derricks OSHA reviewed this proposed rule in cranes and, thus, put crane leasing firms out Standard for Construction (29 CFR accordance with the Executive Order on of business. 1926.550) ICR (OMB Control Number Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which (75 FR 48112). Because the earlier FEA 1218–0113) because the new ICR superseded the existing ICR. In requires that Federal agencies, to the drew this conclusion with respect to extent possible, refrain from limiting costs that included the costs of this addition, OSHA retitled the new ICR to Cranes and Derricks in Construction (29 state policy options, consult with states proposed rule, as well as other costs that prior to taking any actions that would made the impacts greater than those of CFR Part 1926, Subpart CC and Subpart DD).7 restrict state policy options, and take this proposed rule, OSHA concludes such actions only when clear that the FEA for the cranes and derricks This proposed rule requires no additional collection of information.8 constitutional authority exists and the final rule demonstrates that this problem is national in scope. Executive proposed rule is economically feasible. 6 The ICR is part of Exhibit 0425 in the docket for Order 13132 provides for preemption of Tables B–14 and B–15 of the FEA for the final rule on cranes and derricks in construction state law only with the expressed the cranes and derricks final rule (OSHA–2007–0066). It is available at consent of Congress. Federal agencies examined the costs as a percentage of www.regulations.gov and at www.reginfo.gov (OMB must limit any such preemption to the Control Number 1218–0261). revenues and as a percentage of profits extent possible. in these two sectors for small firms as 7 The request and OMB approval for discontinuing the previous Cranes and Derricks in Under Section 18 of the OSH Act, defined by SBA, and very small entities Construction ICR (OMB Control Number 1218– Congress expressly provides that states with less than 20 employees, 0113) and the retitling of the ICR are available at may adopt, with Federal approval, a respectively. Because so many firms www.reginfo.gov. plan for the development and owning cranes are small, there is no 8 Although the final rule for cranes and derricks in construction did not require employers covered enforcement of occupational safety and appreciable difference between the by subpart DD to meet the information-exchange health standards. States that obtain impacts on small and very small firms requirements of subpart CC, OSHA did not subtract Federal approval for such a plan are versus the impacts for all firms already these employers from its analysis of the burden and referred to as ‘‘State Plan States.’’ discussed. Comparison of the two tables costs for these requirements in the paperwork analysis for subpart CC. Therefore, this approach Occupational safety and health shows that, for NAICS 237990, the inflated the burden and costs estimates of the ICR impacts for very small firms were equal approved by OMB for subpart CC; however, the OSHA is applying subpart CC to underground to or greater than those for small firms. burden and costs estimates are accurate now that construction and demolition work.

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standards developed by State Plan used in demolition and underground responsibilities between the Federal States must be at least as effective in construction work. Therefore, when government and Indian tribes. providing safe and healthful OSHA promulgates a new final rule, G. Legal Considerations employment and places of employment states and territories with approved as the Federal standards. 29 U.S.C. 667. State Plans must adopt comparable The purpose of the Occupational Subject to these requirements, State amendments to their standards for Safety and Health Act of 1970 (29 U.S.C. Plan States are free to develop and cranes and derricks used in demolition 651 et seq.) is ‘‘to assure so far as enforce under state law their own and underground construction within possible every working man and woman requirements for safety and health six months of OSHA’s promulgation of in the nation safe and healthful working standards. the final rule (i.e., the date OSHA conditions and to preserve our human OSHA previously concluded from its publishes confirmation of the effective resources.’’ 29 U.S.C. 651(b). To achieve analysis that promulgation of subpart date) unless they demonstrate that such this goal, Congress authorized the CC complies with Executive Order a change is not necessary because their Secretary of Labor to promulgate and 13132. 75 FR 48128–29. That analysis existing standards are already the same, enforce occupational safety and health applies to the extension of subpart CC or at least as effective, as OSHA’s new standards. 29 U.S.C. 654(b), 655(b). A to establishments engaged in demolition final rule. safety or health standard is a standard work and underground construction; ‘‘which requires conditions, or the therefore, this proposed rule complies E. Unfunded Mandates Reform Act adoption or use of one or more with Executive Order 13132. In states When OSHA issued the final rule for practices, means, methods, operations, without an OSHA-approved State Plan, cranes and derricks in construction, it or processes, reasonably necessary or any standard developed from this reviewed the rule according to the appropriate to provide safe or healthful proposed rule would limit state policy Unfunded Mandates Reform Act of 1995 employment or places of employment.’’ options in the same manner as every (UMRA; 2 U.S.C. 1501 et seq. (58 FR 29 U.S.C. 652(8). A standard is standard promulgated by OSHA. In 58093)), and Executive Order 12875 (75 reasonably necessary or appropriate states with OSHA-approved State Plans, FR 48130). OSHA concluded that the within the meaning of Section 652(8) this rulemaking does not significantly final rule did not meet the definition of when a significant risk of material harm limit state policy options. a ‘‘Federal intergovernmental mandate’’ exists in the workplace and the standard under the UMRA because OSHA would substantially reduce or eliminate D. State Plan States standards do not apply to state or local that workplace risk. See Industrial When Federal OSHA promulgates a governments except in states that have Union Department, AFL–CIO v. new standard or more stringent voluntarily adopted State Plans. OSHA American Petroleum Institute, 448 U.S. amendment to an existing standard, further noted that the rule imposed 607 (1980). In the cranes and derricks State Plan States must amend their costs of over $100 million per year on final rule, OSHA made such a standards to reflect the new standard or the private sector and, therefore, determination with respect to the use of amendment, or show OSHA why such required review under the UMRA for cranes and derricks in construction at action is unnecessary, e.g., because an those costs, but that its final economic the same time that it noted that the existing state standard covering this area analysis met that requirement. Agency would apply subpart CC to the is ‘‘at least as effective’’ as the new As discussed above in Section IV.A activities addressed in this proposed Federal standard or amendment. 29 CFR (Final Economic Analysis and Final rule (75 FR 47913, 47920–21). 1953.5(a). The state standard must be at Regulatory Flexibility Analysis) of this This proposed rule will not reduce least as effective as the final Federal preamble, this proposed rule does not the employee protections put into place rule. State Plan States must adopt the impose any costs on private-sector by the standard OSHA is updating Federal standard or complete their own employers beyond those costs already under this rulemaking. Instead, this standard within six months of the taken into account in the final rule for rulemaking likely will enhance promulgation date of the final Federal cranes and derricks in construction. employee safety by ensuring that the rule. When OSHA promulgates a new Because OSHA reviewed the total costs construction workers involved in standard or amendment that does not of this final rule under the UMRA, no demolition and underground impose additional or more stringent further review of those costs is construction receive the same safety requirements than an existing standard, necessary. Therefore, for the purposes of protections from recently published State Plan States are not required to the UMRA, OSHA certifies that this subpart CC as other construction amend their standards, although OSHA proposed rule does not mandate that workers. The revisions also will benefit may encourage them to do so. The 27 state, local, or tribal governments adopt construction contractors that engage in states and U.S. territories with OSHA- new, unfunded regulatory obligations, underground construction or demolition approved occupational safety and health or increase expenditures by the private work in addition to other types of plans are: Alaska, Arizona, California, sector of more than $100 million in any construction work, because these Hawaii, Indiana, Iowa, Kentucky, year. contractors will now be subject to a Maryland, Michigan, Minnesota, single standard rather than having some Nevada, New Mexico, North Carolina, F. Consultation and Coordination With of their construction work under Oregon, Puerto Rico, South Carolina, Indian Tribal Governments subpart CC, and other work covered by Tennessee, Utah, Vermont, Virginia, OSHA reviewed this proposed rule in existing subpart DD. This action, Washington, and Wyoming; accordance with Executive Order 13175 therefore, will clarify employer Connecticut, Illinois, New Jersey, New (65 FR 67249) and determined that it obligations by avoiding the confusion York, and the Virgin Islands have does not have ‘‘tribal implications’’ as that would result if subpart CC covers OSHA-approved State Plans that apply defined in that order. As proposed, the part of a project and existing subpart DD to state and local government employees rule does not have substantial direct covers another part of the project. only. effects on one or more Indian tribes, on Accordingly, it is unnecessary to make The amendments in this proposed the relationship between the Federal a separate determination of significant rule will result in more stringent government and Indian tribes, or on the risk, or the extent to which this rule requirements for cranes and derricks distribution of power and would reduce that risk, as typically

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required by Industrial Union supplies being raised or lowered, are automatically applied upon power Department. whether within a cage or otherwise, release or failure. shall be secured or stacked in a manner (ii) Control levers shall be of the List of Subjects in 29 CFR Part 1926 to prevent the load from shifting, ‘‘deadman type’’ which return Construction industry, Demolition, snagging or falling into the shaft. automatically to their center (neutral) Occupational safety and health, Safety, (ii) A warning light suitably located to position upon release. Underground construction. warn employees at the shaft bottom and (iii) When a hoist is used for both subsurface shaft entrances shall flash Authority and Signature personnel hoisting and material whenever a load is above the shaft hoisting, load and speed ratings for David Michaels, Ph.D., MPH, bottom or subsurface entrances, or the personnel and for materials shall be Assistant Secretary of Labor for load is being moved in the shaft. This assigned to the equipment. Occupational Safety and Health, U.S. paragraph does not apply to fully (iv) Material hoisting may be Department of Labor, 200 Constitution enclosed hoistways. performed at speeds higher than the Ave. NW., Washington, DC 20210, (iii) Whenever a hoistway is not fully rated speed for personnel hoisting if the authorized the preparation of this enclosed and employees are at the shaft hoist and components have been notice. OSHA is issuing this proposed bottom, conveyances or equipment shall designed for such higher speeds and if rule under the following authorities: 29 be stopped at least 15 feet (4.57 m) shaft conditions permit. U.S.C. 653, 655, 657; 40 U.S.C. 3701 et above the bottom of the shaft and held (v) Employees shall not ride on top of seq.; 5 U.S.C. 553; Secretary of Labor’s there until the signalman at the bottom any cage, skip or bucket except when Order No. 1–2012 (77 FR 3912, Jan. 25, of the shaft directs the operator to necessary to perform inspection or 2012); and 29 CFR part 1911. continue lowering the load, except that maintenance of the hoisting system, in Signed at Washington, DC, on August 8, the load may be lowered without which case they shall be protected by a 2012. stopping if the load or conveyance is body belt/harness system to prevent David Michaels, within full view of a bottom signalman falling. Assistant Secretary of Labor for Occupational who is in constant voice communication (vi) Personnel and materials (other Safety and Health. with the operator. than small tools and supplies secured in (iv)(A) Before maintenance, repairs, or a manner that will not create a hazard Amendments to Standards other work is commenced in the shaft to employees) shall not be hoisted For the reasons stated in the preamble served by a cage, skip, or bucket, the together in the same conveyance. of this proposed rule, OSHA proposes to operator and other employees in the However, if the operator is protected amend 29 CFR part 1926 as follows: area shall be informed and given from the shifting of materials, then the suitable instructions. operator may ride with materials in PART 1926—[AMENDED] (B) A sign warning that work is being cages or skips which are designed to be done in the shaft shall be installed at the controlled by an operator within the Subpart S—Underground shaft collar, at the operator’s station, cage or skip. Construction, Caissons, Cofferdams, and at each underground landing. (vii) Line speed shall not exceed the and Compressed Air (v) Any connection between the design limitations of the systems. hoisting rope and the cage or skip shall (viii) Hoists shall be equipped with 1. Revise the authority citation for be compatible with the type of wire rope landing level indicators at the operator’s subpart S of 29 CFR part 1926 to read used for hoisting. as follows: (vi) Spin-type connections, where station. Marking the hoist rope does not Authority: 40 U.S.C. 3701; 29 U.S.C. 653, used, shall be maintained in a clean satisfy this requirement. 655, 657; and Secretary of Labor’s Orders 12– condition and protected from foreign (ix) Whenever glazing is used in the 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 matter that could affect their operation. hoist house, it shall be safety glass, or (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 (vii) Cage, skip, and load connections its equivalent, and be free of distortions FR 111), 5–2007 (72 FR 31159), or 1–2012 (77 to the hoist rope shall be made so that and obstructions. FR 3912), as applicable. the force of the hoist pull, vibration, (x) A fire extinguisher that is rated at 2. Amend § 1926.800 by revising misalignment, release of lift force, or least 2A:10B:C (multi-purpose, dry paragraph (t) to read as follows: impact will not disengage the chemical) shall be mounted in each connection. Moused or latched open- hoist house. § 1926.800 Underground construction. throat hooks do not meet this (xi) Hoist controls shall be arranged so * * * * * requirement. that the operator can perform all (t) Hoisting unique to underground (viii) When using wire rope wedge operating cycle functions and reach the construction. Except as modified by this sockets, means shall be provided to emergency power cutoff without having paragraph (t), employers must: comply prevent wedge escapement and to to reach beyond the operator’s normal with the requirements of subpart CC of ensure that the wedge is properly operating position. this part, except that the limitation in seated. (xii) Hoists shall be equipped with § 1926.1431(a) does not apply to the (2) Additional requirements for limit switches to prevent overtravel at routine access of employees to an cranes. Cranes shall be equipped with a the top and bottom of the hoistway. underground worksite via a shaft; limit switch to prevent overtravel at the (xiii) Limit switches are to be used ensure that material hoists comply with boom tip. Limit switches are to be used only to limit travel of loads when § 1926.552(a) and (b) of this part; and only to limit travel of loads when operational controls malfunction and ensure that personnel hoists comply operational controls malfunction and shall not be used as a substitute for with the personnel-hoists requirements shall not be used as a substitute for other operational controls. of § 1926.552(a) and (c) of this part and other operational controls. (xiv) Hoist operators shall be provided the elevator requirements of (3) Additional requirements for hoists. with a closed-circuit voice § 1926.552(a) and (d) of this part. (i) Hoists shall be designed so that the communication system to each landing (1) General requirements for cranes load hoist drum is powered in both station, with speaker microphones so and hoists. (i) Materials, tools, and directions of rotation, and so that brakes located that the operator can

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communicate with individual landing (xxiii) Unsafe conditions shall be Subpart T—Demolition stations during hoist use. corrected before using the equipment. 3. Revise the authority citation for (xv) When sinking shafts 75 feet (4) Additional requirements for subpart T of 29 CFR part 1926 to read (22.86 m) or less in depth, cages, skips, personnel hoists. (i) Hoist drum systems as follows: and buckets that may swing, bump, or shall be equipped with at least two snag against shaft sides or other means of stopping the load, each of Authority: 40 U.S.C. 3701; 29 U.S.C. 653, structural protrusions shall be guided by which shall be capable of stopping and 655, 657; and Secretary of Labor’s Orders 12– fenders, rails, ropes, or a combination of holding 150 percent of the hoist’s rated 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 those means. line pull. A broken-rope safety, safety (xvi) When sinking shafts more than FR 111), 5–2007 (72 FR 31159), or 1–2012 (77 catch, or arrestment device is not a 75 feet (22.86 m) in depth, all cages, FR 3912), as applicable. permissible means of stopping under skips, and buckets shall be rope or rail this paragraph. 4. Amend § 1926.856 by revising guided to within a rail length from the paragraph (c) to read as follows: sinking operation. (ii) The operator shall remain within (xvii) Cages, skips, and buckets in all sight and sound of the signals at the § 1926.856 Removal of walls, floors, and completed shafts, or in all shafts being operator’s station. material with equipment. used as completed shafts, shall be rope (iii) All sides of personnel cages shall * * * * * or rail-guided for the full length of their be enclosed by one-half inch (12.70 mm) (c) Cranes, derricks, and other travel. wire mesh (not less than No. 14 gauge mechanical equipment used must meet (xviii) Wire rope used in load lines of or equivalent) to a height of not less the requirements specified in subparts material hoists shall be capable of than 6 feet (1.83 m). However, when the N, O, and CC of this part. supporting, without failure, at least five cage or skip is being used as a work 5. Amend § 1926.858 by revising times the maximum intended load or platform, its sides may be reduced in paragraph (b) to read as follows: the factor recommended by the rope height to 42 inches (1.07 m) when the § 1926.858 Removal of steel construction. manufacturer, whichever is greater. conveyance is not in motion. * * * * * Refer to § 1926.552(c)(14)(iii) of this part (iv) All personnel cages shall be (b) Cranes, derricks, and other for design factors for wire rope used in provided with a positive locking door hoisting equipment used must meet the personnel hoists. The design factor shall that does not open outward. be calculated by dividing the breaking requirements specified in subparts N strength of wire rope, as reported in the (v) All personnel cages shall be and CC of this part. provided with a protective canopy. The manufacturer’s rating tables, by the total * * * * * canopy shall be made of steel plate, at static load, including the weight of the 3 wire rope in the shaft when fully least ⁄16-inch (4.763 mm) in thickness, Subpart DD—[Removed] extended. or material of equivalent strength and (xix) A competent person shall impact resistance. The canopy shall be 6. Remove subpart DD. visually check all hoisting machinery, sloped to the outside, and so designed [FR Doc. 2012–20170 Filed 8–16–12; 8:45 am] equipment, anchorages, and hoisting that a section may be readily pushed BILLING CODE 4510–26–P rope at the beginning of each shift and upward to afford emergency egress. The during hoist use, as necessary. canopy shall cover the top in such a (xx) Each safety device shall be manner as to protect those inside from FEDERAL COMMUNICATIONS checked by a competent person at least objects falling in the shaft. COMMISSION weekly during hoist use to ensure (vi) Personnel platforms operating on suitable operation and safe condition. guide rails or guide ropes shall be 47 CFR Part 1 (xxi) In order to ensure suitable equipped with broken-rope safety [MD Docket No. 12–201; FCC 12–77] operation and safe condition of all devices, safety catches or arrestment functions and safety devices, each hoist devices that will stop and hold 150 Procedures for Assessment and assembly shall be inspected and load- percent of the weight of the personnel Collection of Regulatory Fees; tested to 100 percent of its rated platform and its maximum rated load. Assessment and Collection of capacity: at the time of installation; after (vii) During sinking operations in Regulatory Fees for Fiscal Year 2008 any repairs or alterations affecting its shafts where guides and safeties are not structural integrity; after the operation yet used, the travel speed of the AGENCY: Federal Communications of any safety device; and annually when personnel platform shall not exceed 200 Commission. in use. The employer shall prepare a feet (60.96 m) per minute. Governor ACTION: Notice of proposed rulemaking. certification record which includes the controls set for 200 feet (60.96 m) per date each inspection and load-test was minute shall be installed in the control SUMMARY: The Commission seeks performed; the signature of the person system and shall be used during comment on proposals to reform the who performed the inspection and test; personnel hoisting. Commission’s policies and procedures and a serial number or other identifier for assessing and collecting regulatory (viii) The personnel platform may for the hoist that was inspected and fees. Extensive changes have occurred travel over the controlled length of the tested. The most recent certification in the communications marketplace, hoistway at rated speeds up to 600 feet record shall be maintained on file until and in the Commission’s regulatory (182.88 m) per minute during sinking completion of the project. efforts, since the Schedule of Regulatory (xxii) Before hoisting personnel or operations in shafts where guides and Fees was enacted by Congress in 1994. material, the operator shall perform a safeties are used. In the period directly following test run of any cage or skip whenever it (ix) The personnel platform may enactment of the Telecommunications has been out of service for one complete travel at rated speeds greater than 600 Act of 1996, industry development and shift, and whenever the assembly or feet (182.88 m) per minute in completed Commission regulation centered components have been repaired or shafts. primarily on wireline local and long adjusted. * * * * * distance communications.

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Subsequently, however, the mobile SUPPLEMENTARY INFORMATION: This is a rule 1.49(f) or for which the wireless industry has grown summary of the Commission’s Notice of Commission has made available a exponentially, shifting Commission Proposed Rulemaking (NPRM), FCC 12– method of electronic filing, written ex resources to, among other things, the 77, MD Docket No. 12–201, adopted on parte presentations and memoranda wireless industry, while the costs of July 13, 2012 and released on July 17, summarizing oral ex parte implementing the 1996 2012. The full text of this document is presentations, and all attachments Telecommunications Act decreased. available for inspection and copying thereto, must be filed through the These changes have produced during normal business hours in the electronic comment filing system corresponding shifts in the FCC Reference Center, 445 12th Street available for that proceeding, and must Commission’s regulatory activity. These SW., Room CY–A257, Portals II, be filed in their native format (e.g., .doc, shifts in the cost of the Commission’s Washington, DC 20554, and may also be .xml, .ppt, searchable .pdf). Participants activities are not always reflected in our purchased from the Commission’s copy in this proceeding should familiarize current regulatory fees. Although the contractor, BCPI, Inc., Portals II, 445 themselves with the Commission’s ex Commission has made a number of 12th Street SW., Room CY–B402, parte rules. discrete changes to the regulatory fee Washington, DC 20554. Customers may B. Comment Filing Procedures program since 1994, we have not contact BCPI, Inc. via their Web site, revised the data on which our fees are http://www.bcpi.com, or call 1–800– 2. Comments and Replies. Pursuant to based since 1998, nor have we 378–3160. This document is available in sections 1.415 and 1.419 of the undertaken a comprehensive analysis of alternative formats (computer diskette, Commission’s rules, 47 CFR 1.415, all the substantive and procedural large print, audio record, and braille). 1.419, interested parties may file aspects of our regulatory fee program in Persons with disabilities who need comments and reply comments on or light of the current state of the documents in these formats may contact before the dates indicated on the first communications industry. This the FCC by email: [email protected] or page of this document. Comments may proceeding will serve as the means by phone: 202–418–0530 or TTY: 202–418– be filed using: (1) The Commission’s which we will seek comment on the 0432. Electronic Comment Filing System issues related to how the Commission (ECFS), (2) the Federal Government’s I. Procedural Matters should allocate its regulatory costs eRulemaking Portal, or (3) by filing among different segments of the A. Ex Parte Information paper copies. See Electronic Filing of communications industry. 1. The proceeding this NPRM initiates Documents in Rulemaking Proceedings, DATES: Comments are due September shall be treated as a ‘‘permit-but- 63 FR 24121 (1998). • 17, 2012 and reply comments are due disclose’’ proceeding in accordance Electronic Filers: Comments may be October 16, 2012. with the Commission’s ex parte rules.1 filed electronically using the Internet by ADDRESSES: You may submit comments, Persons making ex parte presentations accessing the ECFS: http:// identified by MD Docket No. 12–201, by must file a copy of any written fjallfoss.fcc.gov/ecfs2/ or the Federal any of the following methods: presentation or a memorandum eRulemaking Portal: http:// • Federal eRulemaking Portal: http:// summarizing any oral presentation www.regulations.gov. www.regulations.gov. Follow the within two business days after the • Paper Filers: Parties who choose to instructions for submitting comments. presentation (unless a different deadline file by paper must file an original and • Federal Communications applicable to the Sunshine period four copies of each filing. If more than Commission’s Web Site: http:// applies). Persons making oral ex parte one docket or rulemaking number www.fcc.gov/cgb/ecfs. Follow the presentations are reminded that appears in the caption of this instructions for submitting comments. memoranda summarizing the proceeding, filers must submit two • People with Disabilities: Contact the presentation must (1) list all persons additional copies for each additional FCC to request reasonable attending or otherwise participating in docket or rulemaking number. accommodations (accessible format the meeting at which the ex parte Filings can be sent by hand or documents, sign language interpreters, presentation was made, and (2) messenger delivery, by commercial CART, etc.) by email: [email protected] summarize all data presented and overnight courier, or by first-class or or phone: 202–418–0530 or TTY: 202– arguments made during the overnight U.S. Postal Service mail. All 418–0432. presentation. If the presentation filings must be addressed to the • Email: [email protected]. Include MD consisted in whole or in part of the Commission’s Secretary, Office of the Docket No. 12–201 in the subject line of presentation of data or arguments Secretary, Federal Communications the message. Commission. • already reflected in the presenter’s Mail: Commercial overnight mail written comments, memoranda or other › All hand-delivered or messenger- (other than U.S. Postal Service Express filings in the proceeding, the presenter delivered paper filings for the Mail, and Priority Mail, must be sent to may provide citations to such data or Commission’s Secretary must be 9300 East Hampton Drive, Capitol arguments in his or her prior comments, delivered to FCC Headquarters at 445 Heights, MD 20743. U.S. Postal Service memoranda, or other filings (specifying 12th St. SW., Room TW–A325, first-class, Express, and Priority mail the relevant page and/or paragraph Washington, DC 20554. The filing hours should be addressed to 445 12th Street numbers where such data or arguments are 8:00 a.m. to 7:00 p.m. All hand SW., Washington DC 20554. can be found) in lieu of summarizing deliveries must be held together with For detailed instructions for submitting them in the memorandum. Documents rubber bands or fasteners. Any comments and additional information shown or given to Commission staff envelopes must be disposed of before on the rulemaking process, see the during ex parte meetings are deemed to entering the building. SUPPLEMENTARY INFORMATION section of be written ex parte presentations and › Commercial overnight mail (other this document. must be filed consistent with rule than U.S. Postal Service Express Mail FOR FURTHER INFORMATION CONTACT: 1.1206(b). In proceedings governed by and Priority Mail) must be sent to 9300 Roland Helvajian, Office of Managing East Hampton Drive, Capitol Heights, Director at (202) 418–0444. 1 47 CFR 1.1200 et seq. MD 20743.

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› U.S. Postal Service first-class, IRFA, to the Chief Counsel for Advocacy propose three goals to guide our Express, and Priority mail must be of the Small Business Administration. regulatory fee policymaking—fairness, addressed to 445 12th Street SW., administrability, and sustainability— II. Introduction Washington DC 20554. and we seek comment on these goals People with Disabilities: To request 7. Today we seek comment on and invite commenters to propose materials in accessible formats for proposals to reform the Commission’s others. policies and procedures for assessing people with disabilities (braille, large • Regulatory Costs Should Be and collecting regulatory fees. Extensive print, electronic files, audio format), Allocated. Section 9 of the changes have occurred in the send an email to [email protected] or call Communications Act requires that the Consumer & Governmental Affairs communications marketplace, and in the Commission’s regulatory efforts, regulatory fees be derived by Bureau at 202–418–0530 (voice), 202– determining the number of full-time 418–0432 (tty). since the Schedule of Regulatory Fees was enacted by Congress in 1994. In the equivalent employees (FTEs) performing 3. Availability of Documents. certain activities. We propose to change Comments, reply comments, and ex period directly following enactment of the Telecommunications Act of 1996, the way we allocate ‘‘direct’’ and parte submissions will be available for ‘‘indirect’’ FTEs to calculate regulatory public inspection during regular industry development and Commission regulation centered primarily on fees. The proposals on which we seek business hours in the FCC Reference comment are based on aggregated Center, Federal Communications wireline local and long distance communications. Subsequently, bureau-level FTE data, and would Commission, 445 12th Street SW., CY– allocate all FTEs in the Wireless A257, Washington, DC 20554. These however, the mobile wireless industry Telecommunications, Media, Wireline documents will also be available free has grown exponentially, shifting Competition, and International Bureaus online, via ECFS. Documents will be Commission resources to, among other as ‘‘direct’’ and all FTEs in the support available electronically in ASCII, Word, things, the wireless industry, while the bureaus and offices as ‘‘indirect.’’ and/or Adobe Acrobat. costs of implementing the 1996 • 4. Accessibility Information. To Telecommunications Act decreased. How Current Cost Allocation request information in accessible Meanwhile, digital and Internet protocol Percentages Should Be Revised. We then formats (computer diskettes, large print, (IP)-based technologies have enabled look at the cost allocation percentages audio recording, and Braille), send an wired and wireless companies, satellite that we use now and propose to update email to [email protected] or call the companies, broadcasters, and cable these percentages using current FTE Commission’s Consumer and television companies to engage in data derived from the reallocation of Governmental Affairs Bureau at (202) increased intermodal competition. FTEs described above. We set out the 418–0530 (voice), (202) 418–0432 8. These changes have produced adjustments projected to result from (TTY). This document can also be corresponding shifts in the these updates, examine the impact of downloaded in Word and Portable Commission’s regulatory activity. These these adjustments on the categories of Document Format (‘‘PDF’’) at: http:// shifts in the cost of the Commission’s fee payors, ask whether and how we www.fcc.gov. activities are not always reflected in our should mitigate the impact of any current regulatory fees. Although the substantial fee increases that would C. Initial Paperwork Reduction Act of Commission has made a number of result, and ask whether any other 1995 Analysis discrete changes to the regulatory fee changes are necessary to ensure an 5. This document solicits possible program since 1994, we have not equitable result. proposed information collection revised the data on which our fees are III. Background requirements. The Commission, as part based since 1998, nor have we of its continuing effort to reduce undertaken a comprehensive analysis of A. Statutory Framework paperwork burdens, invites the general all the substantive and procedural public and the Office of Management aspects of our regulatory fee program in 10. Section 9(a)(1) of the and Budget (OMB) to comment on the light of the current state of the Communications Act directs the possible proposed information communications industry. This Commission to collect regulatory fees collection requirements contained in proceeding will serve as the means by ‘‘to recover the costs of * * * this document, as required by the which we will undertake that enforcement activities, policy and 2 Paperwork Reduction Act of 1995, comprehensive analysis. rulemaking activities, user information Public Law 104–13. In addition, 9. This Notice of Proposed services, and international activities.’’ 3 pursuant to the Small Business Rulemaking (NPRM) seeks comment on Section 9(a)(2) stipulates that regulatory Paperwork Relief Act of 2002, Public the issues related to how the fees for the enumerated activities ‘‘shall Law 107–198, see 44 U.S.C. 3506(c)(4), Commission should allocate its be collected only if, and only in the total we seek specific comment on how we regulatory costs among different amounts, required in Appropriations might further reduce the information segments of the communications Acts,’’ and must ‘‘be established in collection burden for small business industry. In particular, we seek amounts that will result in collection, concerns with fewer than 25 employees. comment on: during each fiscal year, of an amount • What the Overarching Goals of the that can reasonably be expected to equal D. Initial Regulatory Flexibility Analysis Regulatory Fee Program Should Be. We the amount appropriated for such fiscal 6. An initial regulatory flexibility year for the performance of the activities 2 A number of comments on revising the described in subsection (a).’’ 4 Since FY analysis (‘‘IRFA’’) is contained in the regulatory fee program were received in MD Docket Initial Regulatory Flexibility Analysis No. 08–65. See Assessment and Collection of 2009, Congress has directed the section. Comments to the IRFA must be Regulatory Fees for Fiscal Year 2008, MD Docket Commission to assess and collect identified as responses to the IRFA and No. 08–65, Report and Order and Further Notice of regulatory fees under section 9(b)(1)(B) Proposed Rulemaking, 73 FR 50285 (August 26, filed by the deadlines for comments on 2008) (‘‘FY 2008 Further Notice of Proposed this NPRM. The Commission will send Rulemaking’’). We will incorporate those comments 3 47 U.S.C. 159(a)(1). a copy of this NPRM, including the into the record of this proceeding. 4 Id. 159(a)(2), (b)(1)(B).

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in an amount equal to the entire amount during the fourth quarter of each fiscal counted as an indirect FTE. Indirect appropriated.5 year.9 The report and order sets the FTEs are allocated proportionally across 11. Section 9(b) states in general terms amounts to be paid by all fee payors, the four core bureaus. Therefore, under how regulatory fees are to be derived. discusses any issues raised in response our current system, the total FTEs for Section 9(b)(1)(A) states that fees are to to the NPRM and sets out the each fee category includes the direct be calculated by determining the full- procedures for payment of fees. FTEs associated with that category, plus time equivalent number of employees proportional allocations of indirect (FTEs) performing the activities B. Historic Regulatory Approach FTEs from inside and outside the enumerated in section 9(a)(1) ‘‘within 12. Section 9(b)(1)(A) states that bureau. The total number of FTEs for the three licensing bureaus as they regulatory fees are to recover the costs each of the bureau’s fee categories was existed at that time and that formed the of the FTEs performing the regulatory then divided by the combined FTE core of our regulatory fee assessment activities set forth in section 9(a)(1). numbers for all four core bureaus to program, i.e. the Private Radio Bureau, Consistent with this statutory produce an allocation percentage for Mass Media Bureau, and Common requirement, the Commission’s cost each fee category, e.g., the percentage of Carrier Bureau.6 FTEs in the other assessment methodology uses FTEs as total regulatory fee revenues that must offices of the Commission are also the starting point in determining the be recovered from each fee category in calculated, and the fees that result are fees regulatees in each fee category will order to collect the total amount adjusted to take into account factors that pay each fiscal year. specified by Congress.10 are reasonably related to the benefits 13. Although the statute specifies that 15. Although the Commission has provided to the payor of the fee by the FTEs are the basis for calculating used the same allocation percentages Commission’s activities, including such regulatory fees, it does not specify the every fiscal year since FY 1998, each factors as service area coverage, shared precise type of FTE data that must be year the Commission reviews the use versus exclusive use, and other used; e.g., whether the Commission projected number of fee payors in each factors that the Commission determines must use employees’ time cards to tally service category. These payors are are necessary in the public interest.’’ 7 the time each employee reports as referred to generically as ‘‘units,’’ The Commission issues a notice of having been spent on regulating specific because the fees for payors in different proposed rulemaking (NPRM) in the licensees or regulatees, or whether the service categories reflect characteristics third quarter of each fiscal year, stating Commission may aggregate the work of appropriate to each service, such as the how it derives the fees for that fiscal FTEs in some other way. In FYs 1997– number of licenses or number of year and proposing the amounts that the 1998, the Commission based its FTE subscribers the fee payor has. We look payors in each fee category will be calculations on employee time cards. for changes in the industry, changes in required to pay in order to offset the This method involved employees’ industry segments, and various other amount of the Commission’s tracking time by regulatory fee category, issues as explained in each year’s 8 appropriation for that fiscal year. The and regulatory fees were then allocated regular regulatory fee NPRM. Finally, Commission issues a report and order based on a core bureaus’ relative share the fee rate for each fee category is of employee time, both direct determined by dividing the revenue 5 See, e.g., Consolidated Appropriations Act, (employees within a core bureau amount to be collected from each fee 2012, Public Law 112–74 (Dec. 23, 2011) category by its projected number of (appropriating $339,844,000 and providing ‘‘[t]hat working on matters related to regulatory $339,844,000 of offsetting collections shall be fee categories within that bureau) and units. assessed and collected pursuant to section 9 of title indirect (employees from all bureaus 16. Table 1 illustrates the process I of the Communications Act of 1934, [and] shall using this methodology. Each fiscal year be retained and used for necessary expenses in this and offices providing support functions related to multiple, perhaps even all, Congress reviews the Commission’s appropriation’’). In prior years (FY 2004 through FY budget submission and determines the 2008), Congress directed the Commission to offset regulatory fee categories). The appropriation for that year. The amount all but $1 million of its appropriation. See Commission abandoned this approach Consolidated Appropriations Act, 2004, Public Law Congress appropriates becomes the in FY 1999 because not only did time 108–99, 118 Stat. 3 (2004), Consolidated target for the aggregate amount of Appropriations Act, 2005, Public Law 108–447, 118 card entries prove subjective and regulatory fees to be collected. Table 1 Stat. 2809, 2908 (2004); Science, State, Justice, unreliable, but they also resulted in uses a hypothetical appropriation of Commerce and Related Agencies Appropriation unpredictable and substantial shifts in Act, 2006, Public Law 109–108, 199 Stat. 2290, $100,000,000 as the target amount of regulatory fees from year to year. 2329–30 (2005); Continuing Appropriations regulatory fees to be collected. Column Resolution, 2007, Public Law 110–5, 121 Stat. 8 14. The allocations of direct and 1 represents the various fee categories in (2007); and Consolidated Appropriations Act, 2008, indirect FTEs we currently use are taken Public Law 110–161, 121 Stat. 1844, 1998 (2007). which a regulatee will pay a fee. In the Omnibus Appropriations Act, 2009, Public from FTE data compiled in FY 1998. Column 2 shows the allocation Law 111–8, 123 Stat. 524, 657 (2009) Congress The Commission allocates FTEs required, for the first time that the Commission percentages that are applied. And according to the nature of the Column 3 represents the multiplication collect fees in the full amount of its appropriation. employees’ work. If the work performed 6 Subsequent to the enactment of section 9 the of the target amount by each allocation Commission reorganized and renamed the Private by an employee can be assigned to a percentage. Radio Bureau, Mass Media Bureau, and Common regulatory fee category in one of the four 17. The Commission first multiplies Carrier Bureaus as the Wireless core licensing bureaus—Wireless the $100,000,000 target amount by the Telecommunications Bureau, Media Bureau, and Telecommunications, Media, Wireline Wireline Competition Bureau respectively. Regulation of international telecommunications was Competition, and International, — that 10 The Schedule of Regulatory Fees enacted as transferred from these Bureaus and consolidated employee’s time is counted as a direct section 9(g) in 1994 contained the fees to be paid into a new International Bureau. For simplicity and FTE. If the work cannot be assigned to by different categories of regulates in the (then) ease of reference, in this NPRM we will refer to one of the bureau’s designated fee three named bureaus. Section 9(g) specified that the these four bureaus as the ‘‘core’’ bureaus or the Commission was to use this fee schedule until the ‘‘core licensing’’ bureaus. categories, the employee’s time is Commission adjusted it pursuant to section 9(b). 7 47 U.S.C. 159(b)(1)(A). The Commission has made substantial adjustments 8 See, e.g., Assessment and Collection of 9 See, e.g., Assessment and Collection of to this fee schedule since 1994, adding fee Regulatory Fees for Fiscal Year 2011, Notice of Regulatory Fees for Fiscal Year 2011, Report and categories and altering others. The 46 categories of Proposed Rulemaking, 26 FCC Rcd 7068 (2011) Order, 26 FCC Rcd 10812 (2011) (‘‘FY 2011 Report fee payors listed in the original fee schedule had (‘‘FY 2011 Notice of Proposed Rulemaking’’). and Order’’). grown to 86 in 2011.

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current FTE allocation percentages in respective unit counts (the number of changes in the appropriation amount Column 2 to determine the amount of payors) to determine the fee amount that from one year to the next, and (2) revenue to be collected from each fee each regulatee will pay in that fee changes in the unit count from the prior category in Column 3. To determine the category prior to rounding pursuant to year for each respective fee category. regulatory fee rate, the amounts in section 9(b)(2)(B). Thus, each year the Column 3 are divided by their regulatory fee rate is a function of (1)

TABLE 1—HYPOTHETICAL $100 MILLION TARGET GOAL ALLOCATIONS

Starting point FTE Expected revenue Fee category allocation amount by fee percentage (%) category

Column One Column Two Column Three

PLMRS (Exclusive Use) ...... 14 $140,000 PLMRS (Shared use) ...... 67 670,000 Microwave ...... 66 660,000 218–219 MHz (Formerly IVDS) ...... 001 1,000 Marine (Ship) ...... 22 220,000 GMRS ...... 08 80,000 Aviation (Aircraft) ...... 10 100,000 Marine (Coast) ...... 04 40,000 Aviation (Ground) ...... 04 40,000 Amateur Vanity Call Signs ...... 06 60,000 AM Class A ...... 07 70,000 AM Class B ...... 87 870,000 AM Class C ...... 31 310,000 AM Class D ...... 1.03 1,030,000 FM Classes A, B1 & C3 ...... 2.13 2,130,000 FM Classes B, C, C0, C1 & C2 ...... 2.62 2,620,000 AM Construction Permits ...... 01 10,000 FM Construction Permits ...... 1 100,000 Satellite TV ...... 05 50,000 Satellite TV Construction Permit ...... 001 1,000 VHF Markets 1–10 ...... 95 950,000 VHF Markets 11–25 ...... 97 970,000 VHF Markets 26–50 ...... 82 820,000 VHF Markets 51–100 ...... 79 790,000 VHF Remaining Markets ...... 35 350,000 VHF Construction Permits ...... 01 10,000 UHF Markets 1–10 ...... 6 600,000 UHF Markets 11–25 ...... 49 490,000 UHF Markets 26–50 ...... 41 410,000 UHF Markets 51–100 ...... 35 350,000 UHF Remaining Markets ...... 11 110,000 UHF Construction Permits ...... 07 70,000 Broadcast Auxiliaries ...... 08 80,000 LPTV/Translators/Boosters/Class A TV ...... 40 400,000 CARS Stations ...... 05 50,000 Cable TV Systems ...... 16.55 16,550,000 Interstate Telecommunication Service Providers ...... 46.66 46,660,000 CMRS Mobile Services (Cellular/Public Mobile) ...... 14.33 14,330,000 CMRS Messaging Services ...... 32 320,000 BRS ...... 16 160,000 LMDS ...... 03 30,000 Per 64 kbps Int’l Bearer Circuits, Terrestrial (Common) & Satellite (Common & Non-Common) ...... 32 320,000 Submarine Cable Providers ...... 2.28 2,280,000 Earth Stations ...... 25 250,000 Space Stations (Geostationary) ...... 3.23 3,230,000 Space Stations (Non-Geostationary) ...... 24 240,000

****** Total Estimated Revenue To Be Collected ...... 100.00 100,022,000

C. The Problems of the Current Therefore, FY 1998 FTE data may no equitable manner any significant shifts. Approach longer accurately reflect the allocation In addition, new technologies have of Commission employees’ time across caused an exponential increase in 18. As noted previously, the changes different parts of the industry. However, intermodal competition across formerly that have occurred since 1998 in the simply substituting current FTE data for distinct industry platforms. This has communications industry have caused the 1998 FTE data would cause fees for made it even more common today than significant shifts in the amount of time some classes of fee payors to increase in 1998 that a Commission employee’s the Commission devotes to specific significantly, so we seek to examine work may be attributed to more than industry segments and activities. how best to address in a fair and one fee category. For example, the cost

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of an employee’s work in designing distort the marketplace. We seek that the Commission collect fees by incentive auctions might be attributable comment on this goal. determining ‘‘the full-time equivalent to several fee categories within the 21. Administrability. Section 9 directs number of employees’’ performing media sector, but it would also that fees be set by reference to the specified activities in the Bureaus and potentially benefit providers of mobile number of FTEs performing Offices. We intend that the proposed broadband services who would enforcement activities, policy and goals guide our interpretation of section ultimately use the reclaimed spectrum. rulemaking activities, user information 9, and we seek comment on the best The practical difficulties we would services, and international activities ways to take the goals into account as encounter today in parsing out an within the Wireless we assign FTEs to the statutory employee’s time among all of the Telecommunications, Media, Wireline categories and establish specific fee industry groups affected by his or her Competition, and International Bureaus. amounts. work would produce unpredictable A fee system that strictly aligned FTEs B. Changing the Current Cost Allocation annual changes in regulatory fees. with these activities and Bureaus on an Methodology Proposals to address these and related ongoing basis would require a complex problems are presented below. time and accounting system like the one 24. As explained more fully below, the Commission tried in 1997 and 1998 the cost allocation data we currently use IV. Issues Raised For Comment and abandoned in 1999 due in part to were derived in FY 1998 by totaling A. Setting Goals To Guide Our the unpredictability and rapid shifts in employees’ time cards entries to arrive Approach to Regulatory Fees fee rates that it created for fee payors. at the aggregate number of FTEs engaged Keeping the fee schedule up to date in each feeable activity. The first 19. First, we seek comment on setting could result in large shifts in fees from question that arises is whether the goals for regulatory fee collection that year to year, as the Commission’s Commission should aggregate employee will guide the reforms that result from priorities and areas of focus change. For time card entries to derive its FTE this NPRM and adjustments that the example, if in one year the Public Safety allocations, or whether aggregating data Commission will need to make from and Homeland Security Bureau handles on a less granular basis would be time to time afterwards. We are of rulemakings related to broadcasting, but accurate and workable. For the reasons course guided first and foremost by in the following year focuses on discussed below, we seek comment on Congress’s direction in section 9. At the wireless services, the resulting shift in whether we should simplify the way same time, Congress has left us FTE allocations could have a substantial direct and indirect FTEs are aggregated flexibility in setting the fees to take into impact on the size of regulatory fees, and update the FTE data that we use. account a variety of factors, including which could then shift significantly We invite interested parties to share ‘‘factors that the Commission again the very next year. We believe that their views with respect to the issues set determines are necessary in the public the regulatory fee system should be forth below. interest.’’ 11 We propose three administrable, both for the Commission overarching goals for the regulatory fees and for payors. We seek comment on 1. Reallocation of FTEs Among Bureaus program, and we invite parties to this goal. 25. Although not required by section propose other goals for consideration. 22. Sustainability. The methodology 9, our current cost assignment 20. Fairness. Allocation of regulatory for regulatory fees should be flexible methodology is based on the fee burdens among regulatees should be enough to adapt to changes in presumption that work of employees in fair. All regulatees interact with and technology and marketing that affect the four core bureaus should be treated benefit from the work of the how our regulatees do business. In 2007, differently depending on whether an Commission, but not in equal measure. the Commission extended regulatory fee employee is ‘‘directly’’ involved in a For example, a very large company with obligations to providers of feeable activity or ‘‘indirectly’’ involved, hundreds of licenses and authorizations interconnected voice over Internet as in a support capacity. The costs of is likely to engage much more protocol services (VoIP), noting ‘‘the FTEs directly working on projects frequently with the Commission than a many and increasing resources the corresponding to a regulatory fee local company or cooperative. Similarly, Commission now dedicates to VoIP’’ category are directly assigned to that regulatees’ ability to pay varies with and that ‘‘[i]nterconnected VoIP service category. By contrast, the costs of all their size and revenues—imposing the is increasingly used to replace FTEs in the core bureaus indirectly same fee on a Fortune 500 company and traditional telephone service and . . . the involved, or providing support a local family business would have very interconnected VoIP service industry functions, are treated as indirect costs different effects on those entities. And continues to grow and to attract and are currently distributed over time, as similar services are customers who previously relied on proportionally across the four core 12 provided over different technologies, traditional voice service.’’ The bureau. The proportional allocation of regulatees may be paying different fees concern the Commission addressed in indirect FTEs corresponds to each core while providing similar services, not 2007 will continue to arise as service bureau’s actual percentage of direct because there is a meaningful difference platforms and models change and FTEs. The indirect work performed by in their relationship with the converge. As video, voice, and data FTEs within a core bureau, therefore, Commission but simply because their services are provided in new ways, our may not be attributable to a specific fee services fall into different fee categories regulatory fee system must also evolve category in their core bureau. (or fall outside our established to ensure that the fee burden remains Nevertheless, it is clear that the work of categories altogether). We propose equitably distributed among regulatees. all the FTEs in a core bureau, whether establishing fairness as a goal of our We seek comment on this goal. direct or indirect, contributes to the cost regulatory fee program, so that the 23. Our goals must work within the of regulating licensees of that bureau. burdens of regulatory fees are borne in statute, not against it. Section 9 requires Therefore, we may reasonably expect an equitable manner that does not that the work of the FTEs in the core 12 Assessment and Collection of Regulatory Fees for Fiscal Year 2007, Report and Order, 22 FCC Rcd bureaus would remain focused on the 11 47 U.S.C. 159(b)(1)(A). 15712, 15717–18 paras. 12–13 (2007). industry segment regulated by each of

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those bureaus.13 We seek comment on ‘‘direct’’ and ‘‘indirect,’’ it does not replaced with allocation percentages whether we should change the way prescribe how the Commission should using up-to-date FY 2012 FTE data. FTEs are allocated within a bureau, and account for the FTE costs of its support 30. Reallocation of direct and indirect we propose that all the FTEs in each of bureaus and offices. Consistent with our FTEs using aggregated FTE data the core bureaus should be considered finding in paragraph 19 above that the involves counting the number of FTEs direct FTE costs for that bureau. work of the employees in the core in each of the agency’s four core 26. Most of the work of the bureaus bureaus and offices is primarily focused licensing bureaus to determine what and offices outside the four core on the industry segment regulated by percentage each comprises of the total licensing bureaus is currently each bureau and that the work—and the number of FTEs in all the core 19 considered as indirect FTE costs costs—of all the employees of those bureaus. The tentative results of this because the work does not focus on any bureaus would correctly be considered recalculation, using current FTE staffing one industry segment; rather, these direct FTE costs of their respective levels, produces the following numbers bureaus and offices support the work of bureaus, we seek comment on whether, and percentages of direct FTEs in the all of the core bureaus. As with the because the work of employees in the four core licensing bureaus: indirect FTEs within the core bureaus, non-core bureaus supports the work of International Bureau, 122 FTEs (22.0% the work of FTEs in non-core bureaus all the core bureaus, the FTE costs of of total FTEs in the four core bureaus); that cannot be directly assigned to a these non-core bureaus and offices Media Bureau, 183 (32.9%); Wireline regulatory fee category is treated as Competition Bureau, 154 (27.7%); and should all be treated as indirect costs indirect costs and distributed Wireless Telecommunications Bureau, and allocated among each of the core proportionally across the core bureaus 97 (17.4%).20 These 556 FTEs constitute bureaus in the same percentage as that according to these bureaus’ respective 36 percent of the Commission’s total bureau’s direct FTE percentage is to the percentages of the Commission’s total FTEs and we would treat them as direct total direct FTE costs of all the core direct FTE costs. As in the case of our FTE costs for purposes of allocating allocation of direct FTEs, we believe bureaus. regulatory fees. There are currently that it would serve the public interest to 2. Updating and Adjusting the 1,000 FTEs in the support bureaus and find a more consistent and workable Allocation Percentages Among Bureaus offices. As proposed in paragraph 20 way to allocate indirect FTEs. Any above, these would all be treated as attempt to redistribute these indirect 28. We have previously sought indirect FTEs and allocated costs on a task-by-task basis would be comment on whether and how to update proportionately across the four core neither consistent nor workable, our current FTE allocation percentages bureaus. This produces the following requiring us to assign more costs to to reflect changes in the industry and in adjusted FTE totals for each of the core certain divisions of support bureaus or the Commission’s workload that have bureaus: International Bureau, 221 offices for certain licensees at a given occurred since they were adopted.16 We FTEs; Media Bureau, 329 FTEs; point in time, and then reassign these will resolve this issue in this Wireline Competition Bureau, 276 FTEs; costs as the work of that division proceeding, and we will incorporate and Wireless Telecommunications changes from month to month, week to into the record of this proceeding Bureau, 174 FTEs. week, or even day to day.14 This would relevant comments filed in prior 31. A comparison of the allocation be far more complicated and subjective proceedings.17 percentages currently in use with the than our current approach, requiring 29. Commenters previously allocation percentages that result from constant recalculations as FTEs within a addressing this issue advocated that we the use of updated FTE figures produces bureau are given different job revise the FTE allocation percentages by mixed results. The percentage of assignments.15 Unlike the case of the using updated FTE data.18 They argued regulatory fees currently collected from FTEs in the core bureaus, the work of that it is inequitable to burden the regulatees in the Wireless the FTEs in the support bureaus and licensees in the core bureaus with a Telecommunications Bureau would offices is not primarily focused on any remain unchanged at 17.4 percent. The one bureau or regulatory fee category, larger share of regulatory fees than their respective percentage share of FTE allocation percentage would increase but instead serves the needs of all four only slightly for fee payors in Media staffing at the Commission. We seek core bureaus. Bureau service categories, from 31.9 comment on whether the FY 1998 FTE 27. Just as section 9 contains no percent to 32.9 percent. However, use of allocation percentages should be requirement that we classify FTEs as the updated FTE figures would reduce the percentage of regulatory fees 16 13 The International Bureau may be an exception FY 2008 Further Notice of Proposed allocated to regulatees in the Wireline to this expectation as discussed in Paragraphs 26— Rulemaking, supra n. 1, at paras. 27–30. We also 28 below. released a Public Notice on September 3, 2008 Competition Bureau from 44.0 percent 14 For example, under this approach the work of providing information on FTEs, direct costs, and to 27.7 percent and increase the attorneys and support staff in Litigation and indirect costs. See ‘‘Office of Managing Director percentage of fees allocated to payors in Administrative Law Divisions of the Office of Releases Data to Assist Commenters on Issues the International Bureau from 6.7 General Counsel would fluctuate, and the Presented in Further Notice of Proposed corresponding costs would have to be continually Rulemaking,’’ Adopted August 1, 2008, MD Docket percent to 22.0 percent. reassigned, depending on how much of their work No. 08–65, Public Notice, DA 08–2033 (September 32. We seek comment on whether the is being devoted to media, wireless, wireline and 3, 2008). projected increase in fees for other matters. 17 To assure that all previous comments are International Bureau regulatees would 15 For example, the Satellite Industry Association considered, parties that have previously be consistent with our goals of fairness (SIA) states that certain divisions in the commented on any of these issues are requested to Enforcement Bureau may not be relevant to attach or cite their prior comments in their filings regulating satellite licensees. SIA reply comments at in this proceeding. 19 FTEs are based on actual end of fiscal year 2011 8, FY 2008 Further Notice of Proposed Rulemaking, 18 See, e.g., USTA Comments at 2; AT&T figures, the most recent data that is currently supra n. 1. While that may be true at a given point Comments at 3; FIT Reply Comments at 5; EWA available. in time, at another time all members of that division Reply Comments at 1–2; Sprint Reply Comments at 20 These totals represent only the number of may be engaged in an investigation involving 2; NTCA Reply Comments at 2; MetroPCS Reply direct FTEs funded by regulatory fees. They do not satellite providers, or certain members engaged in Comments at 2; CTIA Reply Comments at 3; AT&T include direct FTEs funded by other revenues, e.g., investigations or other activity affecting satellite Reply Comments, FY 2008 Further Notice of by auction or USF proceeds, nor do they include providers, either directly or indirectly. Proposed Rulemaking, supra n. 1. indirect FTEs.

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and sustainability. In this regard we regulatory fees between and/or within the Commission administer any note that much of the work within the industry sectors? For example, should recommended mitigation? Strategic Analysis and Negotiations regulatory fee categories in section 9 be 38. Finally, how often should the Division of the International Bureau combined or eliminated, given the Commission revisit the allocation covers services outside of the Bureau’s change in the telecommunications resulting from this rulemaking? Should direct regulatory activities. For example, landscape since 1998? Should this reexamination be undertaken at this Division has primary responsibility additional regulatory fee categories such regular intervals, or in response to for leading the Commission’s as broadband be added to the regulatory comments by fee payors in the annual international representation in bilateral fee schedule set forth in section 9? We regulatory fee collection NPRM? If such meetings, multilateral meetings, and seek comment on whether the reexamination is done at regular cross-border spectrum negotiations with Commission has authority, under intervals, for example, annually, how Canada and Mexico on spectrum section 9, to include broadband as a fee can we ensure continued predictability sharing arrangements, and notifications category. If additional fee categories are and collectability of fees? Would it be to the International created, how should their costs be appropriate to simply update the Telecommunications Union (ITU), as assessed? To the extent that licensees Commission’s FTE allocation each year, well as participation in ITU Study offer services that are regulated by more without regard to the impact of Groups. Though focused on the than one core bureau, how would the significant increases of regulatory fees international community, this addition of new fee categories affect the on certain regulatory fee categories? international work covers the entire allocation of FTEs by core bureau? Would such fluctuations be especially gamut of the Commission’s regulatory 36. We note that section 9(b)(1)(A) problematic for small service providers responsibilities. allows the Commission to adjust who are likely least able to absorb 33. If such work benefits all classes of regulatory fees ‘‘to take into account unpredictable changes in fees from year providers, should the associated FTEs factors that are reasonably related to the to year? be excluded from the International benefits provided the payor of the fee by 3. Reallocation of FTEs Within Bureaus Bureau’s direct costs and, instead, be the Commission’s activities, including allocated as indirect costs like a support such factors as service area coverage, 39. As noted previously, our current bureau? Is this situation unique to the shared use versus exclusive use, and FTE allocations and the resulting International Bureau? The International other factors that the Commission allocation percentages were first used in Bureau has estimated that as much as determines to be in the public interest.’’ FY 1999 and are based on FY 1998 FTE one half of the FTEs in the Bureau work How should ‘‘benefits provided to the data. We request comment on updating on matters covering services other than payor’’ be determined? Should such and reallocating FTEs among the fee international services. Reallocation of benefit be measured by the level of categories within each of the core 50% of the FTEs in the International regulation of such payor, or by some bureaus. For example, within the Bureau proportionately to the other core measure of the amount of regulatory International Bureau, there are five fee bureaus would the result the following activity attributable to a specific payor categories: Bearer Circuits, Submarine allocation: International Bureau, 61 in a given year? Or should ‘‘benefits Cable Providers, Earth Stations, Space FTEs, representing 10.97% of total FTEs provide the payor’’ be found to include Stations (Geostationary), and Space in the four core bureaus; Media Bureau, all benefits received as a result of the Stations (Non-Geostationary). 208.72 (37.54%); Wireline Competition Commission’s work, even benefit from Regulatory fees are currently allocated Bureau, 175.64 (31.59%); and Wireless efforts to reduce regulation of a among these five fee categories as Telecommunications Bureau, 110.64 particular industry sector? How does follows: Bearer Circuits (5.1%), (19.9%). one measure such benefit? Is relative Submarine Cable Providers (36.1%), 34. We ask commenters to address all market share, or total revenues, a good Earth Stations (3.9%), Space Stations the issues regarding how to ameliorate measure of the benefit the payor (Geostationary) (51.1%), and Space the effect of using updated FTE data on receives from the work of the Stations (Non-Geostationary) (3.8%). regulatees paying fees in the Commission to promote competition 40. Although one option would be to International Bureau’s service and remove barriers to market entry? If continue using these relative allocation categories. Would this reallocation be so, should all payors be assessed based percentages among the fee categories in equitable? on revenues? Is it technically feasible to each of the core bureaus, we seek 35. Are there analogous groups within assess all regulatory fee categories based comment on whether it would better the other core bureaus whose work on revenues? How could the serve the public interest for covers services outside of the core Commission ensure such assessment is management in each of the core bureaus bureau’s direct regulatory activities? If based on accurate, reliable revenue to revise their internal FTE allocation so, how should those FTEs be allocated, information from all industry sectors? percentages based on management’s or should adjustments be made to our What additional reporting requirements assessment of the current distribution of proposed allocation of FTEs for those would be necessary to obtain the work within the bureau. We also seek core bureaus to account for such broadly information necessary to assess all comment on whether they should do cross-cutting work in a core bureau? We payors on a revenues basis? such analysis and update of the FTE also seek comment on whether further 37. Are there other factors the allocation among fee categories within adjustments of the allocation of FTEs Commission should consider in the bureau every three years unless a should be made. Should adjustments be rebalancing regulatory fees in order to substantial shift in the nature or extent made whenever, as discussed above, the achieve the goals discussed above? For of a bureau’s duties warrants work of one bureau supports the work example, does section 9 allow the reexamination in the interim. of one or more other bureaus? Would Commission to mitigate the effects of fee Commenters advocating alternatives or this be a workable and sufficient way to increases to a particular industry modifications to this proposed approach allocate regulatory fees fairly between segment by providing interim should describe in specific detail how industry sectors consistent with section adjustments, by phasing in the new fees the suggested alternative or 9, or is there a more equitable way, over a period of time, or by providing modification would work and why it consistent with statute, to allocate relief in some other way? How would would be preferable to allocation based

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on assessment of the current regulatory fees is consistent with goals, the effectiveness of the distribution of work within the bureau statutory requirements, fair, efficiently alternatives proposed in this NPRM in described herein. administered, and sustainable. This meeting these or other appropriate V. Conclusion NPRM proposes a number of innovative goals, and the Commission’s jurisdiction alternatives designed to achieve those to adopt any of the alternatives 41. Fundamental to this NPRM is the goals. Interested parties are invited to discussed in the NPRM or proposed in Commission’s desire to assure that the comment on the suitability of these response to it. methodology we use to derive

TABLE 2—LIST OF COMMENTERS

Commenter Abbreviated name

American Association of Paging Carriers ...... AAPC. AT&T, Inc ...... AT&T. DirecTV, Inc. and DISH Network LLC ...... DirecTV and DISH. Enterprise Wireless Alliance ...... EWA. Independent Telephone and Telecommunications Alliance ...... ITTA. National Cable and Telecommunications Association ...... NCTA. Personal Radio Steering Group, Inc ...... PRSG. PCIA—The Wireless Infrastructure Association ...... PCIA. United States Telecom Association ...... USTA. Verizon Communications, Inc ...... Verizon.

LIST OF COMMENTERS—REPLY COMMENTS

Commenter Abbreviated name

American Cable Association ...... ACA. AT&T, Inc ...... AT&T. CTIA—The Wireless Association® ...... CTIA. DirecTV, Inc. and DISH Network LLC ...... DirecTV and DISH. Enterprise Wireless Alliance ...... EWA. Forest Industries Telecommunications ...... FIT. MetroPCS Communications, Inc ...... MetroPCS. National Telecommunications Cooperative Association ...... NTCA. Satellite Industry Association ...... SIA. Sprint Nextel Corporation ...... Sprint. Verizon Communications, Inc ...... Verizon. Wireless Cable Coalition ...... WCC.

Initial Regulatory Flexibility Analysis IRFA (or summaries thereof) will be fee categories can be changed, for published in the Federal Register.23 example, by adding broadband and/or 42. As required by the Regulatory by reducing the number of fee 21 I. Need for, and Objectives of, the NPRM Flexibility Act (RFA), the Commission categories. prepared this Initial Regulatory 43. In this NPRM we seek public 44. Section 9 of the Act states that the Flexibility Analysis (IRFA) of the comment on approaches to update and basis for calculating regulatory costs is possible significant economic impact on reform the process by which the the number of FTEs performing small entities by the policies and rules Commission calculates and assesses enforcement, policy and rulemaking, proposed in this Notice of Proposed regulatory fees under section 9 of the Communications Act. We propose to be and international activities, as well as Rulemaking (NPRM). Written public providing user information services. comments are requested on this IRFA. guided in this examination by the goals of fairness, administrability, and The Commission has historically Comments must be identified as regarded the costs generated by responses to the IRFA and must be filed sustainability, and we seek comment on these goals. We seek comment on four individuals working specifically on on or before the dates indicated on the key areas regarding the regulatory fee those activities as ‘‘direct’’ costs, first page of this Notice of Proposed process: (1) revising the way in which whereas the cost of employees Rulemaking. The Commission will send direct and indirect FTEs (full-time providing support efforts have been a copy of this NPRM, including the [employee]equivalents) are allocated; (2) considered ‘‘indirect’’ costs. The NPRM IRFA, to the Chief Counsel for Advocacy using the current number of FTEs as the first seeks comment on whether to of the Small Business Administration basis for calculating regulatory fee revise this approach. In order to provide (SBA).22 In addition, the NPRM and allocation percentages; (3) ameliorating a more consistent and workable way to the impact of fee increases that would allocate FTEs, we propose that all the direct and indirect FTEs in each of the 21 otherwise result from using current FTE 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612 has four core licensing bureaus—The been amended by the Contract With America percentages, especially on entities Advancement Act of 1996, Public Law 104–121, providing international communication Wireless Telecommunications, Wireline 110 Stat. 847 (1996) (‘‘CWAAA’’). Title II of the services; and (4) asking whether and Competition, Media, and International CWAAA is the Small Business Regulatory how the current number of regulatory Bureaus—be allocated to the Bureau in Enforcement Fairness Act of 1996 (‘‘SBREFA’’). which they work. Indirect FTEs outside 22 5 U.S.C. 603(a). 23 Id. the core bureaus would be allocated

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among the four core licensing bureaus the Communications Act of 1934, as jurisdiction’’ is defined generally as in the percentage of each core bureau’s amended.24 ‘‘governments of cities, towns, direct FTEs to the total FTEs in the townships, villages, school districts, or III. Description and Estimate of the Commission. special districts, with a population of Number of Small Entities to Which the less than fifty thousand.’’ 34 Census 45. Second, we seek comment on Rules Will Apply updating the current FTE allocation Bureau data for 2011 indicate that there percentages to reflect the changes in the 49. The RFA directs agencies to were 89,476 local governmental telecommunications industry and in the provide a description of, and where jurisdictions in the United States.35 We Commission’s workload since the feasible, an estimate of the number of estimate that, of this total, as many as current percentages were developed in small entities that may be affected by 88, 506 entities may qualify as ‘‘small the proposed rules and policies, if governmental jurisdictions.’’ 36 Thus, FY 1998. Using current FTE data to 25 calculate regulatory fees instead of FY adopted. The RFA generally defines we estimate that most governmental 1998 FTE data would produce the term ‘‘small entity’’ as having the jurisdictions are small. substantial increases in the fees paid by same meaning as the terms ‘‘small 52. Incumbent Local Exchange business,’’ ‘‘small organization,’’ and International Bureau regulates and Carriers (Incumbent LECs). Neither the ‘‘small governmental jurisdiction.’’ 26 In correspondingly substantial reduction Commission nor the SBA has developed addition, the term ‘‘small business’’ has in the fees currently paid by Interstate a small business size standard the same meaning as the term ‘‘small Telecommunications Service Providers specifically for incumbent local business concern’’ under the Small (ITSPs, or wireline service providers), exchange services. The appropriate size Business Act.27 A ‘‘small business whereas fees paid by Wireless Bureau standard under SBA rules is for the concern’’ is one which: (1) Is regulates would remain the same and category Wired Telecommunications independently owned and operated; (2) Media Bureau regulatees would increase Carriers. Under that size standard, such is not dominant in its field of operation; only slightly. a business is small if it has 1,500 or and (3) satisfies any additional criteria fewer employees.37 Census Bureau data 46. Third, we seek comment on established by the SBA.28 for 2007, which now supersede data whether and how we should ameliorate 50. Small Businesses. Nationwide, from the 2002 Census, show that there the impact increased fees would have there are a total of approximately 29.6 were 3,188 firms in this category that on International Bureau regulatees. We million small businesses, according to operated for the entire year. Of this ask whether the fact that FTEs in the the SBA.29 total, 3,144 had employment of 999 or International Bureau devote half their 51. Small Businesses, Small fewer, and 44 firms had had time to working on matters that directly Organizations, and Small Governmental employment of 1,000 or more. benefit licensees in the remaining three Jurisdictions. Our action may, over time, According to Commission data, 1,307 core licensing bureaus would make it affect small entities that are not easily carriers reported that they were equitable to reallocate and redistribute categorized at present. We therefore incumbent local exchange service half of the fee increases to those other describe here, at the outset, three providers.38 Of these 1,307 carriers, an bureaus. We also ask if there are other comprehensive, statutory small entity estimated 1,006 have 1,500 or fewer bureaus in which such a reallocation size standards.30 First, nationwide, employees and 301 have more than would be equitable. there are a total of approximately 27.5 47. Finally, we seek comment on million small businesses, according to 34 5 U.S.C. 601(5). whether the current number of fee the SBA.31 In addition, a ‘‘small 35 U.S. Census Bureau, Statistical Abstract of the categories in the Schedule of Regulatory organization’’ is generally ‘‘any not-for- United States: 2011, Table 427 (2007) fees should be expanded to include new profit enterprise which is independently 36 The 2007 U.S Census data for small governmental organizations indicate that there were services such as broadband, or reduced owned and operated and is not 89,476 ‘‘Local Governments’’ in 2007. (U.S. 32 to reflect the state of the dominant in its field.’’ Nationwide, as CENSUS BUREAU, STATISTICAL ABSTRACT OF telecommunications market and to of 2007, there were approximately THE UNITED STATES 2011, Table 428.) The 1,621,315 small organizations.33 Finally, criterion by which the size of such local simplify the administration of the fee governments is determined to be small is a program. Because the statute directs the the term ‘‘small governmental population of 50,000. However, since the Census Commission to consider the benefits the Bureau does not specifically apply that criterion, it payors receive from Commission 24 47 U.S.C. 154(i) and (j), 159, and 303(r). cannot be determined with precision how many of 25 regulation in setting regulatory fees, we 5 U.S.C. 603(b)(3). such local governmental organizations is small. 26 5 U.S.C. 601(6). Nonetheless, the inference seems reasonable that a seek comment on how better to measure 27 5 U.S.C. 601(3) (incorporating by reference the substantial number of these governmental the benefits on which licensees definition of ‘‘small-business concern’’ in the Small organizations has a population of less than 50,000. currently pay fees. For example, we seek Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. To look at Table 428 in conjunction with a related set of data in Table 429 in the Census’s Statistical comment on whether total revenues, or 601(3), the statutory definition of a small business applies ‘‘unless an agency, after consultation with Abstract of the U.S., that inference is further relative market share, would be good the Office of Advocacy of the Small Business supported by the fact that in both Tables, many measures of the benefit payors receive Administration and after opportunity for public entities that may well be small are included in the from the work of the Commission to comment, establishes one or more definitions of 89,476 local governmental organizations, e.g. county, municipal, township and town, school promote competition and remove such term which are appropriate to the activities of the agency and publishes such definition(s) in the district and special district entities. Measured by a barriers to market entry. Finally, we Federal Register.’’ criterion of a population of 50,000 many specific sub-entities in this category seem more likely than specifically seek comment on the 28 15 U.S.C. 632. larger county-level governmental organizations to 29 Commission’s statutory authority to See SBA, Office of Advocacy, ‘‘Frequently have small populations. Accordingly, of the 89,746 implement any of these changes. Asked Questions,’’ http://web.sba.gov/faqs small governmental organizations identified in the (accessed Jan. 2009). 2007 Census, the Commission estimates that a Background 30 See 5 U.S.C. 601(3)–(6). substantial majority is small. 31 II. Legal Basis See SBA, Office of Advocacy, ‘‘Frequently 37 13 CFR 121.201, NAICS code 517110. Asked Questions,’’ web.sba.gov/faqs (last visited 38 See Trends in Telephone Service, Federal 48. This action, including publication May 6, 2011; figures are from 2009). Communications Commission, Wireline 32 5 U.S.C. 601(4). Competition Bureau, Industry Analysis and of proposed rules, is authorized under 33 Independent Sector, The New Nonprofit Technology Division at Table 5.3 (Sept. 2010) Sections (4)(i) and (j), 9, and 303(r) of Almanac & Desk Reference (2010). (‘‘Trends in Telephone Service’’).

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1,500 employees.39 Consequently, the service, competitive access providers, SBA has developed a small business Commission estimates that most Shared-Tenant Service Providers, and size standard specifically for payphone providers of local exchange service are Other Local Service Providers are small services providers. The appropriate size small entities that may be affected by entities that may be affected by rules standard under SBA rules is for the the rules and policies proposed in the adopted pursuant to the NPRM. category Wired Telecommunications NPRM. Thus under this category and the 54. Local Resellers. The SBA has Carriers. Under that size standard, such associated small business size standard, developed a small business size a business is small if it has 1,500 or the majority of these incumbent local standard for the category of fewer employees.55 Census Bureau data exchange service providers can be Telecommunications Resellers. Under for 2007 shows that there were 3,188 considered small providers.40 that size standard, such a business is firms in this category that operated for 53. Competitive Local Exchange small if it has 1,500 or fewer the entire year. Of this total, 3,144 had Carriers (Competitive LECs), employees.48 Census data for 2007 show employment of 999 or fewer, and 44 Competitive Access Providers (CAPs), that 1,523 firms provided resale services firms had had employment of 1,000 Shared-Tenant Service Providers, and during that year. Of that number, 1,522 employees or more. Thus under this Other Local Service Providers. Neither operated with fewer than 1,000 category and the associated small the Commission nor the SBA has employees and one operated with more business size standard, the majority of developed a small business size than 1,000.49 Thus under this category these PSPs can be considered small standard specifically for these service and the associated small business size entities.56 According to Commission providers. The appropriate size standard standard, the majority of these local data,57 657 carriers have reported that under SBA rules is for the category resellers can be considered small they are engaged in the provision of Wired Telecommunications Carriers. entities. According to Commission data, payphone services. Of these, an Under that size standard, such a 213 carriers have reported that they are estimated 653 have 1,500 or fewer business is small if it has 1,500 or fewer engaged in the provision of local resale employees and four have more than 41 employees. Census Bureau data for services.50 Of these, an estimated 211 1,500 employees. Consequently, the 2007 show that there were 3,188 firms have 1,500 or fewer employees and two Commission estimates that the majority in this category that operated for the have more than 1,500 employees.51 of payphone service providers are small entire year. Of this total, 3,144 had Consequently, the Commission entities that may be affected by our employment of 999 or fewer, and 44 estimates that the majority of local action. firms had had employment of 1,000 resellers are small entities that may be 57. Interexchange Carriers. Neither employees or more. Thus under this affected by rules adopted pursuant to the Commission nor the SBA has category and the associated small this NPRM. developed a small business size business size standard, the majority of 55. Toll Resellers. The SBA has standard specifically for providers of these Competitive LECs, CAPs, Shared- developed a small business size interexchange services. The appropriate Tenant Service Providers, and Other standard for the category of size standard under SBA rules is for the Local Service Providers can be Telecommunications Resellers. Under 42 category Wired Telecommunications considered small entities. According that size standard, such a business is Carriers. Under that size standard, such to Commission data, 1,442 carriers small if it has 1,500 or fewer a business is small if it has 1,500 or reported that they were engaged in the employees.52 Census data for 2007 show fewer employees.58 Census Bureau data provision of either competitive local that 1,523 firms provided resale services for 2007 shows that there were 3,188 exchange services or competitive access during that year. Of that number, 1,522 firms in this category that operated for provider services.43 Of these 1,442 operated with fewer than 1,000 the entire year. Of this total, 3,144 had carriers, an estimated 1,256 have 1,500 employees and one operated with more employment of 999 or fewer, and 44 or fewer employees and 186 have more 53 than 1,000. Thus under this category firms had had employment of 1,000 than 1,500 employees.44 In addition, 17 and the associated small business size employees or more. Thus under this carriers have reported that they are standard, the majority of these resellers category and the associated small Shared-Tenant Service Providers, and can be considered small entities. business size standard, the majority of all 17 are estimated to have 1,500 or 54 According to Commission data, 881 these Interexchange carriers can be fewer employees.45 In addition, 72 carriers have reported that they are considered small entities.59 According carriers have reported that they are engaged in the provision of toll resale to Commission data, 359 companies Other Local Service Providers.46 Of the services. Of these, an estimated 857 72, seventy have 1,500 or fewer reported that their primary have 1,500 or fewer employees and 24 telecommunications service activity was employees and two have more than have more than 1,500 employees. 1,500 employees.47 Consequently, the the provision of interexchange Consequently, the Commission services.60 Of these 359 companies, an Commission estimates that most estimates that the majority of toll providers of competitive local exchange estimated 317 have 1,500 or fewer resellers are small entities that may be employees and 42 have more than 1,500 affected by our proposed rules. employees.61 Consequently, the 39 See id. 56. Payphone Service Providers 40 See http://factfinder.census.gov/servlet/ IBQTable?_bm=y&-fds_name=EC0700A1&- (PSPs). Neither the Commission nor the 55 13 CFR 121.201, NAICS code 517110. geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ 56 See http://factfinder.census.gov/servlet/ lang=en. 48 13 CFR 121.201, NAICS code 517911. IBQTable?_bm=y&-fds_name=EC0700A1&-geo_ 41 13 CFR 121.201, NAICS code 517110. 49 http://factfinder.census.gov/servlet/ id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ 42 See http://factfinder.census.gov/servlet/ IBQTable?_bm=y&-geo_id=&-_skip=800&- lang=en. IBQTable?_bm=y&-fds_name=EC0700A1&- ds_name=EC0751SSSZ5&-_lang=en. 57 Trends in Telephone Service, at table 5.3. geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ 50 See Trends in Telephone Service, at Table 5.3. 58 13 CFR 121.201, NAICS code 517110. lang=en. 51 Id. 59 See http://factfinder.census.gov/servlet/ 43 See Trends in Telephone Service, at Table 5.3. 52 13 CFR 121.201, NAICS code 517911. IBQTable?_bm=y&-fds_name=EC0700A1&- 44 Id. 53 http://factfinder.census.gov/servlet/ geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ 45 Id. IBQTable?_bm=y&-geo_id=&-_skip=800&- lang=en. 46 Id. ds_name=EC0751SSSZ5&-_lang=en. 60 See Trends in Telephone Service, at Table 5.3. 47 Id. 54 Trends in Telephone Service, at Table 5.3. 61 Id.

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Commission estimates that the majority Commission estimates that the majority rules.73 The second has a size standard of interexchange service providers are of prepaid calling card providers are of $25 million or less in annual small entities that may be affected by small entities that may be affected by receipts.74 rules adopted pursuant to the NPRM. rules adopted pursuant to this NPRM. 62. The category of Satellite 58. Operator Service Providers (OSPs). 60. 800 and 800–Like Service Telecommunications ‘‘comprises Neither the Commission nor the SBA Subscribers.69 Neither the Commission establishments primarily engaged in has developed a small business size nor the SBA has developed a small providing telecommunications services standard specifically for operator business size standard specifically for to other establishments in the service providers. The appropriate size 800 and 800-like service (‘‘toll free’’) telecommunications and broadcasting standard under SBA rules is for the subscribers. The appropriate size industries by forwarding and receiving category Wired Telecommunications standard under SBA rules is for the communications signals via a system of Carriers. Under that size standard, such category Telecommunications Resellers. satellites or reselling satellite a business is small if it has 1,500 or Under that size standard, such a telecommunications.’’ 75 Census Bureau 62 fewer employees. Census Bureau data business is small if it has 1,500 or fewer data for 2007 show that 512 Satellite for 2007 show that there were 3,188 employees.70 Census data for 2007 show Telecommunications firms that operated 76 firms in this category that operated for that 1,523 firms provided resale services for that entire year. Of this total, 464 the entire year. Of this total, 3,144 had during that year. Of that number, 1,522 firms had annual receipts of under $10 employment of 999 or fewer, and 44 operated with fewer than 1,000 million, and 18 firms had receipts of 77 firms had had employment of 1,000 employees and one operated with more $10 million to $24,999,999. employees or more. Thus under this than 1,000.71 Thus under this category Consequently, the Commission category and the associated small and the associated small business size estimates that the majority of Satellite business size standard, the majority of standard, the majority of resellers in this Telecommunications firms are small these Interexchange carriers can be classification can be considered small entities that might be affected by our 63 considered small entities. According entities. To focus specifically on the action. 63. The second category, i.e. ‘‘All to Commission data, 33 carriers have number of subscribers than on those Other Telecommunications’’ comprises reported that they are engaged in the firms which make subscription service ‘‘establishments primarily engaged in provision of operator services. Of these, available, the most reliable source of providing specialized an estimated 31 have 1,500 or fewer information regarding the number of telecommunications services, such as employees and 2 have more than 1,500 these service subscribers appears to be 64 satellite tracking, communications employees. Consequently, the data the Commission collects on the telemetry, and radar station operation. Commission estimates that the majority 800, 888, 877, and 866 numbers in of OSPs are small entities that may be 72 This industry also includes use. According to our data for establishments primarily engaged in affected by our proposed rules. September 2009, the number of 800 59. Prepaid Calling Card Providers. providing satellite terminal stations and numbers assigned was 7,860,000; the Neither the Commission nor the SBA associated facilities connected with one number of 888 numbers assigned was has developed a small business size or more terrestrial systems and capable 5,888,687; the number of 877 numbers standard specifically for prepaid calling of transmitting telecommunications to, assigned was 4,721,866; and the number card providers. The appropriate size and receiving telecommunications from, of 866 numbers assigned was 7,867,736. standard under SBA rules is for the satellite systems. Establishments The Commission does not have data category Telecommunications Resellers. providing Internet services or voice over specifying the number of these Under that size standard, such a Internet protocol (VoIP) services via subscribers that are not independently business is small if it has 1,500 or fewer client-supplied telecommunications owned and operated or have more than employees.65 connections are also included in this Census data for 2007 show 1,500 employees, and thus are unable at that 1,523 firms provided resale services industry.’’ 78 For this category, Census this time to estimate with greater Bureau data for 2007 shows that there during that year. Of that number, 1,522 precision the number of toll free operated with fewer than 1,000 were a total of 2,383 firms that operated subscribers that would qualify as small for the entire year.79 Of this total, 2,347 employees and one operated with more businesses under the SBA size standard. than 1,000.66 Thus under this category firms had annual receipts of under $25 Consequently, the Commission million and 12 firms had annual and the associated small business size estimates that there are 7,860.000 or standard, the majority of these prepaid receipts of $25 million to fewer small entity 800 subscribers; 80 calling card providers can be considered $49,999,999. Consequently, the 5,888,687 or fewer small entity 888 Commission estimates that the majority small entities. According to Commission subscribers; 4,721,866 or fewer small data, 193 carriers have reported that entity 877 subscribers; and 7,867,736 or 73 they are engaged in the provision of 13 CFR 121.201, NAICS code 517410. fewer small entity 866 subscribers. 74 prepaid calling cards.67 Of these, all 193 13 CFR 121.201, NAICS code 517919. 61. Satellite Telecommunications 75 U.S. Census Bureau, 2007 NAICS Definitions, have 1,500 or fewer employees and Providers. Two economic census 517410 Satellite Telecommunications. none have more than 1,500 76 categories address the satellite industry. See http://factfinder.census.gov/servlet/ employees.68 Consequently, the IBQTable?_bm=y&-geo_id=&-_skip=900&- The first category has a small business ds_name=EC0751SSSZ4&-_lang=en. 77 See http://factfinder.census.gov/servlet/ 62 13 CFR 121.201, NAICS code 517110. size standard of $15 million or less in IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name 63 average annual receipts, under SBA See http://factfinder.census.gov/servlet/ =EC0751SSSZ4&-_lang=en. IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id= 78 http://www.census.gov/cgi-bin/sssd/naics/ &-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en. 69 We include all toll-free number subscribers in naicsrch?code=517919&search 64 Trends in Telephone Service, at Table 5.3. this category, including those for 888 numbers. =2007%20NAICS%20Search. 65 13 CFR 121.201, NAICS code 517911. 70 13 CFR 121.201, NAICS code 517911. 79 http://factfinder.census.gov/servlet/ 66 http://factfinder.census.gov/servlet/ 71 http://factfinder.census.gov/servlet/ IBQTable?_bm=y&-geo_id=&-_skip=900&- IBQTable?_bm=y&-geo_id=&-_skip=800&- IBQTable?_bm=y&-geo_id=&-_skip=800&-ds_name ds_name=EC0751SSSZ4&-_lang=en. _ _ ds name=EC0751SSSZ5&- lang=en. =EC0751SSSZ5&-_lang=en. 80 http://factfinder.census.gov/servlet/IBQTable? 67 See Trends in Telephone Service, at Table 5.3. 72 Trends in Telephone Service, at Tables 18.4, _bm=y&-geo_id=&-_skip=900&-ds_name= 68 Id. 18.5, 18.6, 18.7. EC0751SSSZ4&-_lang=en.

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of All Other Telecommunications firms services. However, a variety of paging has average gross revenues not are small entities that might be affected services is now categorized under exceeding $15 million for the preceding by our action. Wireless Telecommunications Carriers three years.93 The SBA has approved 64. Wireless Telecommunications (except satellite).87This industry this definition.94 An initial auction of Carriers (except satellite). This industry comprises establishments engaged in Metropolitan Economic Area (‘‘MEA’’) comprises establishments engaged in operating and maintaining switching licenses was conducted in the year operating and maintaining switching and transmission facilities to provide 2000. Of the 2,499 licenses auctioned, and transmission facilities to provide communications via the airwaves. 985 were sold.95 Fifty-seven companies communications via the airwaves. Establishments in this industry have claiming small business status won 440 Establishments in this industry have spectrum licenses and provide services licenses.96 A subsequent auction of spectrum licenses and provide services using that spectrum, such as cellular MEA and Economic Area (‘‘EA’’) using that spectrum, such as cellular phone services, paging services, licenses was held in the year 2001. Of phone services, paging services, wireless Internet access, and wireless the 15,514 licenses auctioned, 5,323 wireless Internet access, and wireless video services. Illustrative examples in were sold.97 One hundred thirty-two video services.81 The appropriate size the paging context include paging companies claiming small business standard under SBA rules is for the services, except satellite; two-way status purchased 3,724 licenses. A third category Wireless Telecommunications paging communications carriers, except auction, consisting of 8,874 licenses in Carriers. The size standard for that satellite; and radio paging services each of 175 EAs and 1,328 licenses in category is that a business is small if it communications carriers. The SBA has all but three of the 51 MEAs, was held has 1,500 or fewer employees.82 Under deemed a paging service in this category in 2003. Seventy-seven bidders claiming the present and prior categories, the to be small if it has 1,500 or fewer small or very small business status won SBA has deemed a wireless business to employees.88 For this category, census 2,093 licenses.98 A fourth auction of be small if it has 1,500 or fewer data for 2007 show that there were 1,383 9,603 lower and upper band paging employees.83 For this category, census firms that operated for the entire year.89 licenses was held in the year 2010. 29 data for 2007 show that there were 1,383 Of this total, 1,368 firms had bidders claiming small or very small firms that operated for the entire year.84 employment of 999 or fewer employees business status won 3,016 licenses. Of this total, 1,368 firms had and 15 had employment of 1,000 68. 2.3 GHz Wireless Communications employment of 999 or fewer employees employees or more.90 Thus under this Services. This service can be used for and 15 had employment of 1,000 category and the associated small fixed, mobile, radiolocation, and digital employees or more.85 Thus under this business size standard,, the Commission audio broadcasting satellite uses. The category and the associated small estimates that the majority of paging Commission defined ‘‘small business’’ business size standard, the Commission services in the category of wireless for the wireless communications estimates that the majority of wireless telecommunications carriers (except services (‘‘WCS’’) auction as an entity telecommunications carriers (except satellite) are small entities that may be with average gross revenues of $40 91 satellite) are small entities that may be affected by our proposed action. million for each of the three preceding affected by our proposed action.86 67. In addition, in the Paging Second years, and a ‘‘very small business’’ as an 65. Licenses Assigned by Auctions. Report and Order, the Commission entity with average gross revenues of Initially, we note that, as a general adopted a size standard for ‘‘small $15 million for each of the three businesses’’ for purposes of determining matter, the number of winning bidders preceding years.99 The SBA approved their eligibility for special provisions that qualify as small businesses at the these definitions.100 The Commission such as bidding credits.92 close of an auction does not necessarily A small conducted an auction of geographic area represent the number of small business is an entity that, together with licenses in the WCS service in 1997. In businesses currently in service. Also, its affiliates and controlling principals, the auction, seven bidders that qualified the Commission does not generally track as very small business entities won 31 subsequent business size unless, in the 87 U.S. Census Bureau, 2007 NAICS Definitions, ‘‘517210 Wireless Telecommunications Categories context of assignments or transfers, (Except Satellite)’’; http://www.census.gov/naics/ 93 Paging Second Report and Order, 12 FCC Rcd unjust enrichment issues are implicated. 2007/def/ND517210.HTM#N517210. at 2811, para. 179. 66. Paging Services. Neither the SBA 88 U.S. Census Bureau, 2007 NAICS Definitions, 94 See Letter from Aida Alvarez, Administrator, nor the FCC has developed a definition ‘‘517210 Wireless Telecommunications Categories SBA, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications applicable exclusively to paging (Except Satellite)’’. 89 U.S. Census Bureau, Subject Series: Bureau (‘‘WTB’’), FCC (Dec. 2, 1998) (‘‘Alvarez Information, Table 5, ‘‘Establishment and Firm Size: Letter 1998’’). 81 http://www.census.gov/cgi-bin/sssd/naics/ Employment Size of Firms for the United States: 95 See ‘‘929 and 931 MHz Paging Auction Closes,’’ naicsrch?code=517210&search= 2007 NAICS Code 517210’’ (issued Nov. 2010). Public Notice, 15 FCC Rcd 4858 (WTB 2000). 2007%20NAICS%20Search. 90 Id. Available census data do not provide a more 96 See id. 82 13 CFR 121.201, NAICS code 517210. precise estimate of the number of firms that have 97 See ‘‘Lower and Upper Paging Band Auction 83 13 CFR 121.201, NAICS code 517210. The now- employment of 1,500 or fewer employees; the Closes,’’ Public Notice, 16 FCC Rcd 21821 (WTB superseded, pre-2007 CFR citations were 13 CFR largest category provided is for firms with ‘‘100 2002). 121.201, NAICS codes 517211 and 517212 (referring employees or more.’’ 98 See ‘‘Lower and Upper Paging Bands Auction to the 2002 NAICS). 91 See http://factfinder.census.gov/servlet/ Closes,’’ Public Notice, 18 FCC Rcd 11154 (WTB 84 U.S. Census Bureau, Subject Series: IBQTable?_bm=y&-fds_name=EC0700A1&- 2003). The current number of small or very small Information, Table 5, ‘‘Establishment and Firm Size: geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ business entities that hold wireless licenses may Employment Size of Firms for the United States: lang=en. differ significantly from the number of such entities 2007 NAICS Code 517210’’ (issued Nov. 2010). 92 Revision of Part 22 and Part 90 of the that won in spectrum auctions due to assignments 85 Id. Available census data do not provide a more Commission’s Rules to Facilitate Future and transfers of licenses in the secondary market precise estimate of the number of firms that have Development of Paging Systems, Second Report and over time. In addition, some of the same small employment of 1,500 or fewer employees; the Order, 12 FCC Rcd 2732, 2811–2812, paras. 178– business entities may have won licenses in more largest category provided is for firms with ‘‘100 181 (‘‘Paging Second Report and Order’’); see also than one auction. employees or more.’’ Revision of Part 22 and Part 90 of the Commission’s 99 Amendment of the Commission’s Rules to 86 See http://factfinder.census.gov/servlet/ Rules to Facilitate Future Development of Paging Establish Part 27, the Wireless Communications IBQTable?_bm=y&-fds_name=EC0700A1&-geo_ Systems, Memorandum Opinion and Order on Service (WCS), Report and Order, 12 FCC Rcd id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ Reconsideration, 14 FCC Rcd 10030, 10085–10088, 10785, 10879, para. 194 (1997). lang=en. paras. 98–107 (1999). 100 See Alvarez Letter 1998.

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licenses, and one bidder that qualified Telephony services.107 Of these, an bidders in that auction, 48 claimed as a small business entity won a license. estimated 261 have 1,500 or fewer small business status and won 277 69. 1670–1675 MHz Services. This employees and 152 have more than licenses. service can be used for fixed and mobile 1,500 employees.108 Consequently, the 72. On January 26, 2001, the uses, except aeronautical mobile.101 An Commission estimates that Commission completed the auction of auction for one license in the 1670–1675 approximately half or more of these 422 C and F Block Broadband PCS MHz band was conducted in 2003. The firms can be considered small. Thus, licenses in Auction No. 35. Of the 35 Commission defined a ‘‘small business’’ using available data, we estimate that winning bidders in that auction, 29 claimed small business status.114 as an entity with attributable average the majority of wireless firms can be Subsequent events concerning Auction annual gross revenues of not more than considered small. 35, including judicial and agency $40 million for the preceding three 71. Broadband Personal determinations, resulted in a total of 163 years, which would thus be eligible for Communications Service. Broadband C and F Block licenses being available a 15 percent discount on its winning bid Personal Communications Service. The for grant. On February 15, 2005, the for the 1670–1675 MHz band license. broadband personal communications Commission completed an auction of Further, the Commission defined a services (PCS) spectrum is divided into 242 C-, D-, E-, and F-Block licenses in ‘‘very small business’’ as an entity with six frequency blocks designated A Auction No. 58. Of the 24 winning attributable average annual gross through F, and the Commission has held bidders in that auction, 16 claimed revenues of not more than $15 million auctions for each block. The small business status and won 156 for the preceding three years, which Commission initially defined a ‘‘small licenses.115 On May 21, 2007, the would thus be eligible to receive a 25 business’’ for C- and F-Block licenses as Commission completed an auction of 33 percent discount on its winning bid for an entity that has average gross revenues licenses in the A, C, and F Blocks in the 1670–1675 MHz band license. The of $40 million or less in the three Auction No. 71.116 Of the 14 winning winning bidder was not a small entity. previous years.109 For F-Block licenses, bidders in that auction, six claimed 70. Wireless Telephony. Wireless an additional small business size small business status and won 18 telephony includes cellular, personal standard for ‘‘very small business’’ was licenses.117 On August 20, 2008, the communications services, and added and is defined as an entity that, Commission completed the auction of specialized mobile radio telephony together with its affiliates, has average 20 C-, D-, E-, and F-Block Broadband carriers. As noted, the SBA has gross revenues of not more than $15 PCS licenses in Auction No. 78.118 Of developed a small business size million for the preceding three years.110 the eight winning bidders for Broadband standard for Wireless These small business size standards, in PCS licenses in that auction, six claimed Telecommunications Carriers (except the context of broadband PCS auctions, small business status and won 14 Satellite).102 Under the SBA small have been approved by the SBA.111 No licenses.119 business size standard, a business is small businesses within the SBA- 73. Advanced Wireless Services. In small if it has 1,500 or fewer approved small business size standards 2006, the Commission conducted its employees.103 Census data for 2007 bid successfully for licenses in Blocks A first auction of Advanced Wireless shows that there were 1,383 firms that and B. There were 90 winning bidders Services licenses in the 1710–1755 MHz operated that year.104 Of those 1,383, that claimed small business status in the and 2110–2155 MHz bands (‘‘AWS–1’’), 1,368 had fewer than 100 employees, first two C-Block auctions. A total of 93 designated as Auction 66.120 For the and 15 firms had more than 100 bidders that claimed small and very AWS–1 bands, the Commission has employees. Thus under this category small business status won defined a ‘‘small business’’ as an entity and the associated small business size approximately 40 percent of the 1,479 with average annual gross revenues for standard, the majority of firms can be licenses in the first auction for the D, E, the preceding three years not exceeding considered small. According to Trends and F Blocks.112 On April 15, 1999, the $40 million, and a ‘‘very small in Telephone Service data, 434 carriers Commission completed the re-auction of business’’ as an entity with average reported that they were engaged in 347 C-, D-, E-, and F-Block licenses in annual gross revenues for the preceding wireless telephony.105 Of these, an Auction No. 22.113 Of the 57 winning three years not exceeding $15 estimated 222 have 1,500 or fewer employees and 212 have more than 107 See Trends in Telephone Service, at Table 5.3. Docket No. 97–82, Fourth Report and Order, 13 FCC 1,500 employees.106 Therefore, 108 See id. Rcd 15743, 15768 para. 46 (1998). 109 See Amendment of Parts 20 and 24 of the 114 See C and F Block Broadband PCS Auction approximately half of these entities can Commission’s Rules—Broadband PCS Competitive Closes; Winning Bidders Announced, Public Notice, be considered small. Similarly, Bidding and the Commercial Mobile Radio Service 16 FCC Rcd 2339 (2001). according to Commission data, 413 Spectrum Cap; Amendment of the Commission’s 115 See Broadband PCS Spectrum Auction Closes; carriers reported that they were engaged Cellular/PCS Cross-Ownership Rule, WT Docket No. Winning Bidders Announced for Auction No. 58, 96–59, GN Docket No. 90–314, Report and Order, Public Notice, 20 FCC Rcd 3703 (2005). in the provision of wireless telephony, 11 FCC Rcd 7824, 7850–52 paras. 57–60 (1996) 116 See Auction of Broadband PCS Spectrum including cellular service, Personal (‘‘PCS Report and Order’’); see also 47 CFR Licenses Closes; Winning Bidders Announced for Communications Service (PCS), and 24.720(b). Auction No. 71, Public Notice, 22 FCC Rcd 9247 Specialized Mobile Radio (SMR) 110 See PCS Report and Order, 11 FCC Rcd at (2007). 7852 para. 60. 117 Id. 111 See Alvarez Letter 1998. 118 See Auction of AWS–1 and Broadband PCS 101 47 CFR 2.106; see generally 47 CFR 27.1–.70. 112 See Broadband PCS, D, E and F Block Auction Licenses Closes; Winning Bidders Announced for 102 13 CFR 121.201, NAICS code 517210. Closes, Public Notice, Doc. No. 89838 (released Jan. Auction 78, Public Notice, 23 FCC Rcd 12749 (WTB 103 Id. 14, 1997). 2008). 104 U.S. Census Bureau, 2007 Economic Census, 113 See C, D, E, and F Block Broadband PCS 119 Id. Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, Auction Closes, Public Notice, 14 FCC Rcd 6688 120 See Auction of Advanced Wireless Services 2009), http://factfinder.census.gov/servlet/ (WTB 1999). Before Auction No. 22, the Licenses Scheduled for June 29, 2006; Notice and _ _ IBQTable? bm=y&-geo id=&- Commission established a very small standard for Filing Requirements, Minimum Opening Bids, _ _ _ fds name=EC0700A1&- skip=700&-ds name= the C Block to match the standard used for F Block. Upfront Payments and Other Procedures for _ EC0751SSSZ5&- lang=en. Amendment of the Commission’s Rules Regarding Auction No. 66, AU Docket No. 06–30, Public 105 Trends in Telephone Service, at Table 5.3. Installment Payment Financing for Personal Notice, 21 FCC Rcd 4562 (2006) (‘‘Auction 66 106 Id. Communications Services (PCS) Licensees, WT Procedures Public Notice’’);

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million.121 In 2006, the Commission Order.129 A ‘‘small business’’ is an each of the 734 MSAs/RSAs and one conducted its first auction of AWS–1 entity that, together with affiliates and license in each of the six Economic Area licenses.122 In that initial AWS–1 controlling interests, has average gross Groupings (EAGs)). Of the 740 licenses auction, 31 winning bidders identified revenues for the three preceding years of available for auction, 484 licenses were themselves as very small businesses not more than $40 million.130 A ‘‘very won by 102 winning bidders. Seventy- won 142 licenses.123 Twenty-six of the small business’’ is an entity that, two of the winning bidders claimed winning bidders identified themselves together with affiliates and controlling small business, very small business, or as small businesses and won 73 interests, has average gross revenues for entrepreneur status and won a total of licenses.124 In a subsequent 2008 the three preceding years of not more 329 licenses.139 A second auction auction, the Commission offered 35 than $15 million.131 The SBA has commenced on May 28, 2003, closed on AWS–1 licenses.125 Four winning approved these small business size June 13, 2003, and included 256 bidders identified themselves as very standards.132 A third auction of licenses.140 Seventeen winning bidders small businesses, and three of the Narrowband PCS licenses was claimed small or very small business winning bidders identifying themselves conducted in 2001. In that auction, five status and won 60 licenses, and nine as a small businesses won five AWS–1 bidders won 317 (Metropolitan Trading winning bidders claimed entrepreneur licenses.126 Areas and nationwide) licenses.133 status and won 154 licenses.141 In 2005, 74. Narrowband Personal Three of the winning bidders claimed the Commission completed an auction Communications Services. In 1994, the status as a small or very small entity and of 5 licenses in the lower 700 MHz band Commission conducted two auctions of won 311 licenses. (Auction 60). All three winning bidders Narrowband PCS licenses. For these 75. Lower 700 MHz Band Licenses. claimed small business status. auctions, the Commission defined a The Commission previously adopted 76. In 2007, the Commission ‘‘small business’’ as an entity with criteria for defining three groups of reexamined its rules governing the 700 average annual gross revenues for the small businesses for purposes of MHz band in the 700 MHz Second preceding three years not exceeding $40 determining their eligibility for special Report and Order.142 An auction of A, million.127 Through these auctions, the provisions such as bidding credits.134 B and E block licenses in the Lower 700 Commission awarded a total of 41 The Commission defined a ‘‘small MHz band was held in 2008.143 Twenty licenses, 11 of which were obtained by business’’ as an entity that, together winning bidders claimed small business four small businesses.128 To ensure with its affiliates and controlling status (those with attributable average meaningful participation by small principals, has average gross revenues annual gross revenues that exceed $15 business entities in future auctions, the not exceeding $40 million for the million and do not exceed $40 million Commission adopted a two-tiered small preceding three years.135 A ‘‘very small for the preceding three years). Thirty business size standard in the business’’ is defined as an entity that, three winning bidders claimed very Narrowband PCS Second Report and together with its affiliates and small business status (those with controlling principals, has average gross attributable average annual gross 121 See Service Rules for Advanced Wireless revenues that are not more than $15 revenues that do not exceed $15 million Services in the 1.7 GHz and 2.1 GHz Bands, Report million for the preceding three years.136 for the preceding three years). In 2011, and Order, 18 FCC Rcd 25,162, App. B (2003), modified by Service Rules for Advanced Wireless Additionally, the Lower 700 MHz the Commission conducted Auction 92, Services In the 1.7 GHz and 2.1 GHz Bands, Order Service had a third category of small which offered 16 lower 700 MHz band on Reconsideration, 20 FCC Rcd 14,058, App. C business status for Metropolitan/Rural licenses that had been made available in (2005). Service Area (‘‘MSA/RSA’’) licenses— Auction 73 but either remained unsold 122 See Auction of Advanced Wireless Services ‘‘entrepreneur’’—which is defined as an Licenses Scheduled for June 29, 2006; Notice and or were licenses on which a winning Filing Requirements, Minimum Opening Bids, entity that, together with its affiliates bidder defaulted. Two of the seven Upfront Payments and Other Procedures for and controlling principals, has average Auction No. 66, AU Docket No. 06–30, Public gross revenues that are not more than $3 139 See ‘‘Lower 700 MHz Band Auction Closes,’’ Notice, 21 FCC Rcd 4562 (2006) (‘‘Auction 66 million for the preceding three years.137 Public Notice, 17 FCC Rcd 17272 (WTB 2002). Procedures Public Notice’’). 140 See Lower 700 MHz Band Auction Closes, 123 See Auction of Advanced Wireless Services The SBA approved these small size standards.138 An auction of 740 licenses Public Notice, 18 FCC Rcd 11873 (WTB 2003). Licenses Closes; Winning Bidders Announced for 141 See id. Auction No. 66, Public Notice, 21 FCC Rcd 10,521 was conducted in 2002 (one license in 142 Service Rules for the 698–746, 747–762 and (2006) (‘‘Auction 66 Closing Public Notice’’). 777–792 MHz Band, WT Docket No. 06–150, 124 See id. 129 Amendment of the Commission’s Rules to Revision of the Commission’s Rules to Ensure 125 See AWS–1 and Broadband PCS Procedures Establish New Personal Communications Services, Compatibility with Enhanced 911 Emergency Public Notice, 23 FCC Rcd at 7499. Auction 78 also Narrowband PCS, Second Report and Order and Calling Systems, CC Docket No. 94–102, Section included an auction of broadband PCS licenses. Second Further Notice of Proposed Rule Making, 15 68.4(a) of the Commission’s Rules Governing 126 See Auction of AWS–1 and Broadband PCS FCC Rcd 10456, 10476, para. 40 (2000) Hearing Aid-Compatible Telephone, WT Docket No. Licenses Closes, Winning Bidders Announced for (‘‘Narrowband PCS Second Report and Order’’). 01–309, Biennial Regulatory Review—Amendment Auction 78, Down Payments Due September 9, 130 Narrowband PCS Second Report and Order, of Parts 1, 22, 24, 27, and 90 to Streamline and 2008, FCC Forms 601 and 602 Due September 9, 15 FCC Rcd at 10476, para. 40. Harmonize Various Rules Affecting Wireless Radio 2008, Final Payments Due September 23, 2008, Ten- 131 Id. Services, WT Docket No. 03–264, Former Nextel Day Petition to Deny Period, Public Notice, 23 FCC 132 See Alvarez Letter 1998. Communications, Inc. Upper700 MHz Guard Band Rcd 12,749 (2008). Licenses and Revisions to Part 27 of the 133 See ‘‘Narrowband PCS Auction Closes,’’ 127 Implementation of Section 309(j) of the Commission’s Rules, WT Docket No. 06–169, Public Notice, 16 FCC Rcd 18663 (WTB 2001). Communications Act—Competitive Bidding Implementing a Nationwide, Broadband 134 Narrowband PCS, Third Memorandum Opinion and See Reallocation and Service Rules for the Interoperable Public Safety Network in the 700 MHz Order and Further Notice of Proposed Rulemaking, 698–746 MHz Spectrum Band (Television Channels Band, PS Docket No. 06–229, Development of 10 FCC Rcd 175, 196, para. 46 (1994). 52–59), Report and Order, 17 FCC Rcd 1022 (2002) Operational, Technical and Spectrum (‘‘Channels 52–59 Report and Order’’). 128 See ‘‘Announcing the High Bidders in the Requirements for Meeting Federal, State, and Local 135 Auction of Ten Nationwide Narrowband PCS See Channels 52–59 Report and Order, 17 FCC Public Safety Communications Requirements Licenses, Winning Bids Total $617,006,674,’’ Public Rcd at 1087–88, para. 172. Through the Year 2010, WT Docket No. 96–86, Notice, PNWL 94–004 (released Aug. 2, 1994); 136 See id. Second Report and Order, 22 FCC Rcd 15289 (2007) ‘‘Announcing the High Bidders in the Auction of 30 137 See id, 17 FCC Rcd at 1088, para. 173. (‘‘700 MHz Second Report and Order’’). Regional Narrowband PCS Licenses; Winning Bids 138 See Letter from Aida Alvarez, Administrator, 143 See Auction of 700 MHz Band Licenses Total $490,901,787,’’ Public Notice, PNWL 94–27 SBA, to Thomas Sugrue, Chief, WTB, FCC (Aug. 10, Closes, Public Notice, 23 FCC Rcd 4572 (WTB (released Nov. 9, 1994). 1999) (‘‘Alvarez Letter 1999’’). 2008).

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winning bidders in Auction 92 claimed sold to three bidders. One of these very small businesses.158 In an auction very small business status, winning a bidders was a small business that won completed in 2000, a total of 2,800 total of four licenses. a total of two licenses.151 Economic Area licenses in the lower 80 77. Upper 700 MHz Band Licenses. In 79. Specialized Mobile Radio. The channels of the 800 MHz SMR service the 700 MHz Second Report and Order, 159 Commission adopted small business were awarded. Of the 22 winning the Commission revised its rules size standards for the purpose of bidders, 19 claimed small or very small regarding Upper 700 MHz licenses.144 determining eligibility for bidding business status and won 129 licenses. On January 24, 2008, the Commission credits in auctions of Specialized Thus, combining all four auctions, 41 commenced Auction 73 in which winning bidders for geographic licenses Mobile Radio (SMR) geographic area several licenses in the Upper 700 MHz in the 800 MHz SMR band claimed to licenses in the 800 MHz and 900 MHz band were available for licensing: 12 be small businesses. bands. The Commission defined a Regional Economic Area Grouping 81. In addition, there are numerous ‘‘small business’’ as an entity that, licenses in the C Block, and one incumbent site-by-site SMR licensees together with its affiliates and nationwide license in the D Block.145 and licensees with extended controlling principals, has average gross The auction concluded on March 18, implementation authorizations in the revenues not exceeding $15 million for 2008, with 3 winning bidders claiming 800 and 900 MHz bands. We do not the preceding three years.152 very small business status (those with The know how many firms provide 800 MHz attributable average annual gross Commission defined a ‘‘very small or 900 MHz geographic area SMR revenues that do not exceed $15 million business’’ as an entity that, together pursuant to extended implementation for the preceding three years) and with its affiliates and controlling authorizations, nor how many of these winning five licenses. principals, has average gross revenues providers have annual revenues not 78. 700 MHz Guard Band Licenses. In not exceeding $3 million for the 153 exceeding $15 million. One firm has 2000, the Commission adopted the 700 preceding three years. The SBA has over $15 million in revenues. In MHz Guard Band Report and Order, in approved these small business size addition, we do not know how many of which it established rules for the A and standards for both the 800 MHz and 900 these firms have 1500 or fewer MHz SMR Service.154 The first 900 MHz B block licenses in the Upper 700 MHz employees.160 We assume, for purposes band, including size standards for SMR auction was completed in 1996. of this analysis, that all of the remaining ‘‘small businesses’’ and ‘‘very small Sixty bidders claiming that they existing extended implementation businesses’’ for purposes of determining qualified as small businesses under the authorizations are held by small their eligibility for special provisions $15 million size standard won 263 entities, as that small business size such as bidding credits.146 A small licenses in the 900 MHz SMR band. In standard is approved by the SBA. business in this service is an entity that, 2004, the Commission held a second 82. 220 MHz Radio Service—Phase I together with its affiliates and auction of 900 MHz SMR licenses and Licensees. The 220 MHz service has controlling principals, has average gross three winning bidders identifying both Phase I and Phase II licenses. Phase revenues not exceeding $40 million for themselves as very small businesses I licensing was conducted by lotteries in 155 the preceding three years.147 won 7 licenses. The auction of 800 1992 and 1993. There are approximately Additionally, a very small business is an MHz SMR licenses for the upper 200 1,515 such non-nationwide licensees entity that, together with its affiliates channels was conducted in 1997. Ten and four nationwide licensees currently and controlling principals, has average bidders claiming that they qualified as authorized to operate in the 220 MHz gross revenues that are not more than small or very small businesses under the band. The Commission has not $15 million for the preceding three $15 million size standard won 38 developed a small business size 148 156 years. SBA approval of these licenses for the upper 200 channels. standard for small entities specifically 149 definitions is not required. An A second auction of 800 MHz SMR applicable to such incumbent 220 MHz auction of these licenses was conducted licenses was conducted in 2002 and Phase I licensees. To estimate the 150 in 2000. Of the 104 licenses included 23 BEA licenses. One bidder number of such licensees that are small auctioned, 96 licenses were won by nine claiming small business status won five businesses, the Commission applies the 157 bidders. Five of these bidders were licenses. small business size standard under the small businesses that won a total of 26 80. The auction of the 1,053 800 MHz SBA rules applicable. The SBA has licenses. A second auction of 700 MHz SMR licenses for the General Category deemed a wireless business to be small Guard Band licenses was held in 2001. channels was conducted in 2000. Eleven if it has 1,500 or fewer employees.161 All eight of the licenses auctioned were bidders who won 108 licenses for the For this service, the SBA uses the General Category channels in the 800 category of Wireless 144 700 MHz Second Report and Order, 22 FCC MHz SMR band qualified as small or Telecommunications Carriers (except Rcd 15289. 145 See Auction of 700 MHz Band Licenses Closes, Satellite). Census data for 2007, which Public Notice, 23 FCC Rcd 4572 (WTB 2008). 151 See ‘‘700 MHz Guard Bands Auction Closes: supersede data contained in the 2002 146 See Service Rules for the 746–764 MHz Bands, Winning Bidders Announced,’’ Public Notice, 16 and Revisions to Part 27 of the Commission’s Rules, FCC Rcd 4590 (WTB 2001). 158 See ‘‘800 MHz Specialized Mobile Radio Second Report and Order, 15 FCC Rcd 5299 (2000) 152 47 CFR 90.810, 90.814(b), 90.912. (SMR) Service General Category (851–854 MHz) and (‘‘700 MHz Guard Band Report and Order’’). 153 47 CFR 90.810, 90.814(b), 90.912. Upper Band (861–865 MHz) Auction Closes; 147 See 700 MHz Guard Band Report and Order, 154 See Alvarez Letter 1999. Winning Bidders Announced,’’ Public Notice, 15 15 FCC Rcd at 5343, para. 108. 155 See 900 MHz Specialized Mobile Radio FCC Rcd 17162 (2000). 148 See id. Service Spectrum Auction Closes: Winning Bidders 159 See, ‘‘800 MHz SMR Service Lower 80 149 See id., 15 FCC Rcd 5299, 5343, para. 108 Announced,’’ Public Notice, 19 FCC Rcd. 3921 Channels Auction Closes; Winning Bidders n.246 (for the 746–764 MHz and 776–794 MHz (WTB 2004). Announced,’’ Public Notice, 16 FCC Rcd 1736 bands, the Commission is exempt from 15 U.S.C. 156 See ‘‘Correction to Public Notice DA 96–586 (2000). 632, which requires Federal agencies to obtain SBA ‘FCC Announces Winning Bidders in the Auction 160 See generally 13 CFR 121.201, NAICS code approval before adopting small business size of 1020 Licenses to Provide 900 MHz SMR in Major 517210. standards). Trading Areas,’’’ Public Notice, 18 FCC Rcd 18367 161 13 CFR 121.201, NAICS code 517210 (2007 150 See ‘‘700 MHz Guard Bands Auction Closes: (WTB 1996). NAICS). The now-superseded, pre-2007 C.F.R. Winning Bidders Announced,’’ Public Notice, 15 157 See ‘‘Multi-Radio Service Auction Closes,’’ citations were 13 CFR 121.201, NAICS codes FCC Rcd 18026 (2000). Public Notice, 17 FCC Rcd 1446 (WTB 2002). 517211 and 517212 (referring to the 2002 NAICS).

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Census, show that there were 1,383 licenses.169 A third auction included 921,909 transmitters in the PLMR bands firms that operated that year.162 Of those four licenses: 2 BEA licenses and 2 EAG below 512 MHz. We note that any entity 1,383, 1,368 had fewer than 100 licenses in the 220 MHz Service. No engaged in a commercial activity is employees, and 15 firms had more than small or very small business won any of eligible to hold a PLMR license, and that 100 employees. Thus under this these licenses.170 In 2007, the any revised rules in this context could category and the associated small Commission conducted a fourth auction therefore potentially impact small business size standard, the majority of of the 220 MHz licenses, designated as entities covering a great variety of firms can be considered small. Auction 72.171 Auction 72, which industries. 83. 220 MHz Radio Service—Phase II offered 94 Phase II 220 MHz Service 86. Fixed Microwave Services. Licensees. The 220 MHz service has licenses, concluded in 2007.172 In this Microwave services include common both Phase I and Phase II licenses. The auction, five winning bidders won a carrier,175 private-operational fixed,176 Phase II 220 MHz service licenses are total of 76 licenses. Two winning and broadcast auxiliary radio assigned by auction, where mutually bidders identified themselves as very services.177 They also include the Local exclusive applications are accepted. In small businesses won 56 of the 76 Multipoint Distribution Service the 220 MHz Third Report and Order, licenses. One of the winning bidders (‘‘LMDS’’),178 the Digital Electronic the Commission adopted a small that identified themselves as a small Message Service (‘‘DEMS’’),179 and the business size standard for defining business won 5 of the 76 licenses won. 24 GHz Service,180 where licensees can ‘‘small’’ and ‘‘very small’’ businesses for 84. Private Land Mobile Radio choose between common carrier and purposes of determining their eligibility (‘‘PLMR’’). PLMR systems serve an non-common carrier status.181 The for special provisions such as bidding essential role in a range of industrial, Commission has not yet defined a small credits.163 This small business standard business, land transportation, and business with respect to microwave indicates that a ‘‘small business’’ is an public safety activities. These radios are services. For purposes of this IRFA, the entity that, together with its affiliates used by companies of all sizes operating Commission will use the SBA’s and controlling principals, has average in all U.S. business categories, and are definition applicable to Wireless gross revenues not exceeding $15 often used in support of the licensee’s Telecommunications Carriers (except million for the preceding three years.164 primary (non-telecommunications) satellite)—i.e., an entity with no more A ‘‘very small business’’ is defined as an business operations. For the purpose of than 1,500 persons is considered entity that, together with its affiliates determining whether a licensee of a small.182 For the category of Wireless and controlling principals, has average PLMR system is a small business as Telecommunications Carriers (except gross revenues that do not exceed $3 defined by the SBA, we use the broad Satellite), Census data for 2007 shows million for the preceding three years.165 census category, Wireless that there were 1,383 firms that operated The SBA has approved these small size Telecommunications Carriers (except that year.183 Of those 1,383, 1,368 had standards.166 Auctions of Phase II Satellite). This definition provides that fewer than 100 employees, and 15 firms licenses commenced on and closed in a small entity is any such entity had more than 100 employees. Thus 1998.167 In the first auction, 908 employing no more than 1,500 under this category and the associated licenses were auctioned in three persons.173 The Commission does not small business size standard, the different-sized geographic areas: three require PLMR licensees to disclose majority of firms can be considered nationwide licenses, 30 Regional information about number of small. The Commission notes that the Economic Area Group (EAG) Licenses, employees, so the Commission does not number of firms does not necessarily and 875 Economic Area (EA) Licenses. have information that could be used to track the number of licensees. The Of the 908 licenses auctioned, 693 were determine how many PLMR licensees Commission estimates that virtually all sold.168 Thirty-nine small businesses constitute small entities under this of the Fixed Microwave licensees won 373 licenses in the first 220 MHz definition. We note that PLMR licensees (excluding broadcast auxiliary auction. A second auction included 225 generally use the licensed facilities in licensees) would qualify as small licenses: 216 EA licenses and 9 EAG support of other business activities, and entities under the SBA definition. licenses. Fourteen companies claiming therefore, it would also be helpful to 87. 39 GHz Service. The Commission small business status won 158 assess PLMR licensees under the adopted small business size standards standards applied to the particular for 39 GHz licenses. A ‘‘small business’’ 162 U.S. Census Bureau, 2007 Economic Census, industry subsector to which the licensee Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, belongs.174 175 See 47 CFR Part 101, subparts C and I. 2009), http://factfinder.census.gov/servlet/ 176 See id. subparts C and H. _ _ 85. As of March 2010, there were IBQTable? bm=y&-geo id=&- 177 Auxiliary Microwave Service is governed by fds_name=EC0700A1&-_skip=700&-ds_name= 424,162 PLMR licensees operating _ part 74 of Title 47 of the Commission’s rules. See EC0751SSSZ5&- lang=en. 47 CFR part 74. Available to licensees of broadcast 163 Amendment of Part 90 of the Commission’s 169 See Phase II 220 MHz Service Spectrum stations and to broadcast and cable network Rules to Provide For the Use of the 220–222 MHz Auction Closes, Public Notice, 14 FCC Rcd 11218 entities, broadcast auxiliary microwave stations are Band by the Private Land Mobile Radio Service, (WTB 1999). used for relaying broadcast television signals from Third Report and Order, 12 FCC Rcd 10943, 11068– 170 See Multi-Radio Service Auction Closes, the studio to the transmitter, or between two points 70 paras. 291–295 (1997). Public Notice, 17 FCC Rcd 1446 (WTB 2002). such as a main studio and an auxiliary studio. The 164 Id. at 11068 para. 291. 171 See ‘‘Auction of Phase II 220 MHz Service service also includes mobile TV pickups, which 165 Id. Spectrum Scheduled for June 20, 2007, Notice and relay signals from a remote location back to the 166 See Letter to Daniel Phythyon, Chief, Wireless Filing Requirements, Minimum Opening Bids, studio. Telecommunications Bureau, Federal Upfront Payments and Other Procedures for 178 See 47 CFR part 101, subpart L. Communications Commission, from Aida Alvarez, Auction 72, Public Notice, 22 FCC Rcd 3404 (2007). 179 See id. subpart G. Administrator, Small Business Administration, 172 See Auction of Phase II 220 MHz Service 180 See id. dated January 6, 1998 (Alvarez to Phythyon Letter Spectrum Licenses Closes, Winning Bidders 181 See 47 CFR 101.533, 101.1017. 1998). Announced for Auction 72, Down Payments due 182 13 CFR 121.201, NAICS code 517210. 167 See generally 220 MHz Service Auction Closes, July 18, 2007, FCC Forms 601 and 602 due July 18, 183 U.S. Census Bureau, 2007 Economic Census, Public Notice, 14 FCC Rcd 605 (WTB 1998). 2007, Final Payments due August 1, 2007, Ten-Day Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 168 See FCC Announces It is Prepared to Grant Petition to Deny Period, Public Notice, 22 FCC Rcd 2009), http://factfinder.census.gov/servlet/ 654 Phase II 220 MHz Licenses After Final Payment 11573 (2007). IBQTable?_bm=y&-geo_id=&-fds_name= is Made, Public Notice, 14 FCC Rcd 1085 (WTB 173 See 13 CFR 121.201, NAICS code 517210. EC0700A1&-_skip=700&-ds_name=EC0751SSSZ5&- 1999). 174 See generally 13 CFR 121.201. _lang=en.

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is defined as an entity that, together (previously referred to as the Interactive definitions have been approved by the with its affiliates and controlling and Video Data Service or IVDS) SBA.198 An auction of LMS licenses was principals, has average gross revenues licenses resulted in 170 entities winning conducted in 1999. Of the 528 licenses not exceeding $40 million in the licenses for 594 Metropolitan Statistical auctioned, 289 licenses were sold to preceding three years.184 A ‘‘very small Areas (‘‘MSAs’’).191 Of the 594 licenses, four small businesses. business’’ is defined as an entity that, 557 were won by 167 entities qualifying 91. Rural Radiotelephone Service. The together with its affiliates and as a small business. For that auction, the Commission has not adopted a size controlling principals, has average gross Commission defined a small business as standard for small businesses specific to revenues of not more than $15 million an entity that, together with its affiliates, the Rural Radiotelephone Service.199 A for the preceding three years.185 The has no more than a $6 million net worth significant subset of the Rural SBA has approved these small business and, after federal income taxes Radiotelephone Service is the Basic size standards.186 In 2000, the (excluding any carry over losses), has no Exchange Telephone Radio System Commission conducted an auction of more than $2 million in annual profits (‘‘BETRS’’).200 For purposes of its 2,173 39 GHz licenses. A total of 18 each year for the previous two years.192 analysis of the Rural Radiotelephone bidders who claimed small or very In the 218–219 MHz Report and Order Service, the Commission uses the SBA small business status won 849 licenses. and Memorandum Opinion and Order, small business size standard for the 88. Local Multipoint Distribution the Commission revised its small category Wireless Telecommunications Service. Local Multipoint Distribution business size standards for the 218–219 Carriers (except satellite),’’ which is Service (‘‘LMDS’’) is a fixed broadband MHz Service and defined a small 1,500 or fewer employees.201 Census point-to-multipoint microwave service business as an entity that, together with data for 2007 shows that there were that provides for two-way video its affiliates and persons or entities that 1,383 firms that operated that year.202 telecommunications.187 The hold interests in such an entity and Of those 1,383, 1,368 had fewer than Commission established a small their affiliates, has average annual gross 100 employees, and 15 firms had more business size standard for LMDS revenues not exceeding $15 million for than 100 employees. Thus under this licenses as an entity that has average the preceding three years.193 The category and the associated small gross revenues of less than $40 million Commission defined a ‘‘very small business size standard, the majority of in the three previous years.188 An business’’ as an entity that, together firms in the Rural Radiotelephone additional small business size standard with its affiliates and persons or entities Service can be considered small. for ‘‘very small business’’ was added as that hold interests in such an entity and 92. Air-Ground Radiotelephone an entity that, together with its affiliates, its affiliates, has average annual gross Service.203 The Commission has has average gross revenues of not more revenues not exceeding $3 million for previously used the SBA’s small than $15 million for the preceding three the preceding three years.194 The SBA business definition applicable to years.189 The SBA has approved these has approved these definitions.195 Wireless Telecommunications Carriers small business size standards in the 90. Location and Monitoring Service (except Satellite), i.e., an entity context of LMDS auctions.190 There (‘‘LMS’’). Multilateration LMS systems employing no more than 1,500 were 93 winning bidders that qualified use non-voice radio techniques to persons.204 There are approximately 100 as small entities in the LMDS auctions. determine the location and status of licensees in the Air-Ground A total of 93 small and very small mobile radio units. For auctions of LMS Radiotelephone Service, and under that business bidders won approximately licenses, the Commission has defined a definition, we estimate that almost all of 277 A Block licenses and 387 B Block ‘‘small business’’ as an entity that, them qualify as small entities under the licenses. In 1999, the Commission re- together with controlling interests and SBA definition. For purposes of auctioned 161 licenses; there were 32 affiliates, has average annual gross assigning Air-Ground Radiotelephone small and very small businesses revenues for the preceding three years Service licenses through competitive winning that won 119 licenses. not exceeding $15 million.196 A ‘‘very bidding, the Commission has defined 89. 218–219 MHz Service. The first small business’’ is defined as an entity ‘‘small business’’ as an entity that, auction of 218–219 MHz Service that, together with controlling interests together with controlling interests and and affiliates, has average annual gross affiliates, has average annual gross 184 See Amendment of the Commission’s Rules revenues for the preceding three years revenues for the preceding three years Regarding the 37.0–38.6 GHz and 38.6–40.0 GHz 197 205 Bands, ET Docket No. 95–183, Report and Order, 12 not exceeding $3 million. These not exceeding $40 million. A ‘‘very FCC Rcd 18600 (1997). 185 Id. 191 See ‘‘Interactive Video and Data Service 198 See Alvarez Letter 1998. 186 See Letter from Aida Alvarez, Administrator, (IVDS) Applications Accepted for Filing,’’ Public 199 The service is defined in section 22.99 of the SBA, to Kathleen O’Brien Ham, Chief, Auctions and Notice, 9 FCC Rcd 6227 (1994). Commission’s rules, 47 CFR 22.99. Industry Analysis Division, WTB, FCC (Feb. 4, 192 Implementation of Section 309(j) of the 200 BETRS is defined in sections 22.757 and 1998); see Letter from Hector Barreto, Communications Act—Competitive Bidding, Fourth 22.759 of the Commission’s rules, 47 CFR 22.757 Administrator, SBA, to Margaret Wiener, Chief, Report and Order, 9 FCC Rcd 2330 (1994). and 22.759. Auctions and Industry Analysis Division, WTB, 193 Amendment of Part 95 of the Commission’s 201 13 CFR 121.201, NAICS code 517210. FCC (Jan. 18, 2002). Rules to Provide Regulatory Flexibility in the 218– 202 U.S. Census Bureau, 2007 Economic Census, 187 See Rulemaking to Amend Parts 1, 2, 21, 25, 219 MHz Service, Report and Order and Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, of the Commission’s Rules to Redesignate the 27.5– Memorandum Opinion and Order, 15 FCC Rcd 1497 2009), http://factfinder.census.gov/servlet/ 29.5 GHz Frequency Band, Reallocate the 29.5–30.5 (1999). IBQTable?_bm=y&-geo_id=&- Frequency Band, to Establish Rules and Policies for 194 Id. fds_name=EC0700A1&-_skip=700&-ds_ Local Multipoint Distribution Service and for Fixed 195 See Alvarez to Phythyon Letter 1998. name=EC0751SSSZ5&-_lang=en. Satellite Services, CC Docket No. 92–297, Second 196 Amendment of Part 90 of the Commission’s 203 The service is defined in section 22.99 of the Report and Order, Order on Reconsideration, and Rules to Adopt Regulations for Automatic Vehicle Commission’s rules, 47 CFR 22.99. Fifth Notice of Proposed Rule Making, 12 FCC Rcd Monitoring Systems, Second Report and Order, 13 204 13 CFR 121.201, NAICS codes 517210. 12545, 12689–90, para. 348 (1997) (‘‘LMDS Second FCC Rcd 15182, 15192, para. 20 (1998) (‘‘Automatic 205 Amendment of Part 22 of the Commission’s Report and Order’’). Vehicle Monitoring Systems Second Report and Rules to Benefit the Consumers of Air-Ground 188 See LMDS Second Report and Order, 12 FCC Order’’); see also 47 CFR 90.1103. Telecommunications Services, Biennial Regulatory Rcd at 12689–90, para. 348. 197 Automatic Vehicle Monitoring Systems Review—Amendment of Parts 1, 22, and 90 of the 189 See id. Second Report and Order, 13 FCC Rcd at 15192, Commission’s Rules, Amendment of Parts 1 and 22 190 See Alvarez to Phythyon Letter 1998. para. 20; see also 47 CFR 90.1103. of the Commission’s Rules to Adopt Competitive

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small business’’ is defined as an entity Telecommunications Carriers (except 96. With respect to entities that use, that, together with controlling interests Satellite). Under that standard.211 Under or seek to use, MAS spectrum to and affiliates, has average annual gross that SBA small business size standard, accommodate internal communications revenues for the preceding three years a business is small if it has 1,500 or needs, we note that MAS serves an not exceeding $15 million.206 These fewer employees.212 Census data for essential role in a range of industrial, definitions were approved by the 2007 shows that there were 1,383 firms safety, business, and land transportation SBA.207 In 2006, the Commission that operated that year.213 Of those activities. MAS radios are used by completed an auction of nationwide 1,383, 1,368 had fewer than 100 companies of all sizes, operating in commercial Air-Ground Radiotelephone employees, and 15 firms had more than virtually all U.S. business categories, Service licenses in the 800 MHz band 100 employees. Thus under this and by all types of public safety entities. (Auction 65). The auction closed with category and the associated small For the majority of private internal two winning bidders winning two Air- business size standard, the majority of users, the small business size standard Ground Radiotelephone Services firms can be considered small. developed by the SBA would be more licenses. Neither of the winning bidders appropriate. The applicable size claimed small business status. 95. Multiple Address Systems standard in this instance appears to be 93. Aviation and Marine Radio (‘‘MAS’’). Entities using MAS spectrum, that of Wireless Telecommunications Services. Small businesses in the in general, fall into two categories: (1) Carriers (except Satellite). This aviation and marine radio services use those using the spectrum for profit- definition provides that a small entity is a very high frequency (‘‘VHF’’) marine based uses, and (2) those using the any such entity employing no more than or aircraft radio and, as appropriate, an spectrum for private internal uses. The 1,500 persons.218 The Commission’s emergency position-indicating radio Commission defines a small business for licensing database indicates that, as of beacon (and/or radar) or an emergency MAS licenses as an entity that has January 20, 1999, of the 8,670 total MAS locator transmitter. The Commission has average gross revenues of less than $15 station authorizations, 8,410 214 not developed a small business size million in the preceding three years. authorizations were for private radio standard specifically applicable to these A very small business is defined as an service, and of these, 1,433 were for small businesses. For purposes of this entity that, together with its affiliates, private land mobile radio service. analysis, the Commission uses the SBA has average gross revenues of not more 97. 1.4 GHz Band Licensees. The small business size standard for the than $3 million for the preceding three Commission conducted an auction of 64 category Wireless Telecommunications years.215 The SBA has approved these 1.4 GHz band licenses in the paired Carriers (except satellite),’’ which is definitions.216 The majority of these 1392–1395 MHz and 1432–1435 MHz 1,500 or fewer employees.208 Census entities will most likely be licensed in bands, and in the unpaired 1390–1392 data for 2007 shows that there were bands where the Commission has MHz band in 2007.219 For these 1,383 firms that operated that year.209 implemented a geographic area licenses, the Commission defined Of those 1,383, 1,368 had fewer than licensing approach that would require ‘‘small business’’ as an entity that, 100 employees, and 15 firms had more the use of competitive bidding together with its affiliates and than 100 employees. Thus under this procedures to resolve mutually controlling interests, had average gross category and the associated small exclusive applications. The revenues not exceeding $40 million for business size standard, the majority of Commission’s licensing database the preceding three years, and a ‘‘very firms can be considered small. indicates that, as of March 5, 2010, there small business’’ as an entity that, 94. Offshore Radiotelephone Service. were over 11,500 MAS station together with its affiliates and This service operates on several UHF authorizations. In 2001, an auction of controlling interests, has had average television broadcast channels that are 5,104 MAS licenses in 176 EAs was annual gross revenues not exceeding not used for television broadcasting in conducted.217 Seven winning bidders $15 million for the preceding three the coastal areas of states bordering the claimed status as small or very small years.220 Neither of the two winning Gulf of Mexico.210 There are presently businesses and won 611 licenses. In bidders claimed small business approximately 55 licensees in this 2005, the Commission completed an status.221 service. The Commission is unable to auction (Auction 59) of 4,226 MAS 98. Incumbent 24 GHz Licensees. This estimate at this time the number of licenses in the Fixed Microwave analysis may affect incumbent licensees licensees that would qualify as small Services from the 928/959 and 932/941 who were relocated to the 24 GHz band under the SBA’s small business size MHz bands. Twenty-six winning from the 18 GHz band, and applicants standard for the category of Wireless bidders won a total of 2,323 licenses. Of who wish to provide services in the 24 the 26 winning bidders in this auction, GHz band. For this service, the Bidding Rules for Commercial and General Aviation five claimed small business status and Commission uses the SBA small Air-Ground Radiotelephone Service, WT Docket won 1,891 licenses. business size standard for the category Nos. 03–103 and 05–42, Order on Reconsideration and Report and Order, 20 FCC Rcd 19663, paras. ‘‘Wireless Telecommunications Carriers 28–42 (2005). 211 13 CFR 121.201, NAICS code 517210. (except satellite),’’ which is 1,500 or 206 Id. 212 Id. fewer employees.222 To gauge small 207 See Letter from Hector V. Barreto, 213 U.S. Census Bureau, 2007 Economic Census, business prevalence for these cable Administrator, SBA, to Gary D. Michaels, Deputy Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, services we must, however, use the most Chief, Auctions and Spectrum Access Division, 2009), http://factfinder.census.gov/servlet/ WTB, FCC (Sept. 19, 2005). IBQTable?_bm=y&-geo_id=&-fds_ _ 218 208 13 CFR 121.201, NAICS code 517210. name=EC0700A1&- skip=700&- See 13 CFR 121.201, NAICS code 517210. _ _ 209 U.S. Census Bureau, 2007 Economic Census, ds name=EC0751SSSZ5&- lang=en. 219 See ‘‘Auction of 1.4 GHz Band Licenses Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 214 See Amendment of the Commission’s Rules Scheduled for February 7, 2007,’’ Public Notice, 21 2009), http://factfinder.census.gov/servlet/ Regarding Multiple Address Systems, Report and FCC Rcd 12393 (WTB 2006); ‘‘Auction of 1.4 GHz IBQTable?_bm=y&-geo_id=&- Order, 15 FCC Rcd 11956, 12008, para. 123 (2000). Band Licenses Closes; Winning Bidders Announced fds_name=EC0700A1&-_skip=700&- 215 Id. for Auction No. 69,’’ Public Notice, 22 FCC Rcd ds_name=EC0751SSSZ5&-_lang=en. 216 See Alvarez Letter 1999. 4714 (2007) (‘‘Auction No. 69 Closing PN’’). 210 This service is governed by subpart I of part 217 See ‘‘Multiple Address Systems Spectrum 220 Auction No. 69 Closing PN, Attachment C. 22 of the Commission’s rules. See 47 CFR 22.1001– Auction Closes,’’ Public Notice, 16 FCC Rcd 21011 221 See Auction No. 69 Closing PN. 22.1037. (2001). 222 13 CFR 121.201, NAICS code 517210.

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current census data. Census data for winning bidders won seven licenses.229 licenses in the BRS areas.233 The 2007 shows that there were 1,383 firms Two of the winning bidders were very Commission offered three levels of that operated that year.223 Of those small businesses that won five licenses. bidding credits: (i) A bidder with 1,383, 1,368 had fewer than 100 100. Broadband Radio Service and attributed average annual gross revenues employees, and 15 firms had more than Educational Broadband Service. that exceed $15 million and do not 100 employees. Thus under this Broadband Radio Service systems, exceed $40 million for the preceding category and the associated small previously referred to as Multipoint three years (small business) will receive business size standard, the majority of Distribution Service (‘‘MDS’’) and a 15 percent discount on its winning firms can be considered small. The Multichannel Multipoint Distribution bid; (ii) a bidder with attributed average Commission notes that the Census’ use Service (‘‘MMDS’’) systems, and annual gross revenues that exceed $3 of the classifications ‘‘firms’’ does not ‘‘wireless cable,’’ transmit video million and do not exceed $15 million track the number of ‘‘licenses’’. The programming to subscribers and provide for the preceding three years (very small Commission believes that there are only business) will receive a 25 percent two-way high speed data operations two licensees in the 24 GHz band that discount on its winning bid; and (iii) a using the microwave frequencies of the were relocated from the 18 GHz band, bidder with attributed average annual Broadband Radio Service (‘‘BRS’’) and Teligent 224 and TRW, Inc. It is our gross revenues that do not exceed $3 Educational Broadband Service (‘‘EBS’’) understanding that Teligent and its million for the preceding three years (previously referred to as the related companies have less than 1,500 (entrepreneur) will receive a 35 percent employees, though this may change in Instructional Television Fixed Service 234 230 discount on its winning bid. Auction the future. TRW is not a small entity. (‘‘ITFS’’). In connection with the 86 concluded in 2009 with the sale of Thus, only one incumbent licensee in 1996 BRS auction, the Commission 61 licenses.235 Of the ten winning the 24 GHz band is a small business established a small business size bidders, two bidders that claimed small entity. standard as an entity that had annual business status won 4 licenses; one average gross revenues of no more than 99. Future 24 GHz Licensees. With bidder that claimed very small business $40 million in the previous three status won three licenses; and two respect to new applicants for licenses in 231 the 24 GHz band, for the purpose of years. The BRS auctions resulted in bidders that claimed entrepreneur status determining eligibility for bidding 67 successful bidders obtaining won six licenses. licensing opportunities for 493 Basic credits, the Commission established 101. In addition, the SBA’s Cable three small business definitions. An Trading Areas (‘‘BTAs’’). Of the 67 auction winners, 61 met the definition Television Distribution Services small ‘‘entrepreneur’’ is defined as an entity business size standard is applicable to that, together with controlling interests of a small business. BRS also includes licensees of stations authorized prior to EBS. There are presently 2,032 EBS and affiliates, has average annual gross licensees. All but 100 of these licenses revenues for the three preceding years the auction. At this time, we estimate that of the 61 small business BRS are held by educational institutions. not exceeding $40 million.225 A ‘‘small Educational institutions are included in auction winners, 48 remain small business’’ is defined as an entity that, this analysis as small entities.236 Thus, business licensees. In addition to the 48 together with controlling interests and we estimate that at least 1,932 licensees small businesses that hold BTA affiliates, has average annual gross are small businesses. Since 2007, Cable authorizations, there are approximately revenues for the three preceding years Television Distribution Services have 226 392 incumbent BRS licensees that are not exceeding $15 million. A ‘‘very been defined within the broad economic considered small entities.232 After small business’’ in the 24 GHz band is census category of Wired adding the number of small business defined as an entity that, together with Telecommunications Carriers; that auction licensees to the number of controlling interests and affiliates, has category is defined as follows: ‘‘This incumbent licensees not already average gross revenues not exceeding $3 industry comprises establishments million for the preceding three years.227 counted, we find that there are currently primarily engaged in operating and/or The SBA has approved these small approximately 440 BRS licensees that providing access to transmission business size standards.228 In a 2004 are defined as small businesses under facilities and infrastructure that they auction of 24 GHz licenses, three either the SBA or the Commission’s own and/or lease for the transmission of rules. In 2009, the Commission voice, data, text, sound, and video using 223 U.S. Census Bureau, 2007 Economic Census, conducted Auction 86, the sale of 78 wired telecommunications networks. Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, Transmission facilities may be based on 2009), http://factfinder.census.gov/servlet/ 229 Auction of 24 GHz Service Spectrum Auction _ _ a single technology or a combination of IBQTable? bm=y&-geo id=&- Closes, Winning Bidders Announced for Auction 56, _ _ _ fds name=EC0700A1&- skip=700&-ds Down Payments Due August 16, 2004, Final _ name=EC0751SSSZ5&- lang=en. Payments Due August 30, 2004, Ten-Day Petition to 233 Auction of Broadband Radio Service (BRS) 224 Teligent acquired the DEMS licenses of Deny Period, Public Notice, 19 FCC Rcd 14738 Licenses, Scheduled for October 27, 2009, Notice FirstMark, the only licensee other than TRW in the (2004). and Filing Requirements, Minimum Opening Bids, 24 GHz band whose license has been modified to 230 Amendment of Parts 21 and 74 of the Upfront Payments, and Other Procedures for require relocation to the 24 GHz band. Commission’s Rules with Regard to Filing Auction 86, Public Notice, 24 FCC Rcd 8277 (2009). 225 Amendments to Parts 1, 2, 87 and 101 of the Procedures in the Multipoint Distribution Service 234 Id. at 8296. Commission’s Rules To License Fixed Services at 24 and in the Instructional Television Fixed Service 235 Auction of Broadband Radio Service Licenses GHz, Report and Order, 15 FCC Rcd 16934, 16967 and Implementation of Section 309(j) of the Closes, Winning Bidders Announced for Auction 86, para 77 (2000) (‘‘24 GHz Report and Order’’); see Communications Act—Competitive Bidding, MM Down Payments Due November 23, 2009, Final also 47 CFR 101.538(a)(3). Docket No. 94–131, PP Docket No. 93–253, Report Payments Due December 8, 2009, Ten-Day Petition 226 24 GHz Report and Order, 15 FCC Rcd at and Order, 10 FCC Rcd 9589, 9593 para. 7 (1995). to Deny Period, Public Notice, 24 FCC Rcd 13572 16967 para. 77; see also 47 CFR 101.538(a)(2). 231 47 CFR 21.961(b)(1). (2009). 227 24 GHz Report and Order, 15 FCC Rcd at 232 47 U.S.C. 309(j). Hundreds of stations were 236 The term ‘‘small entity’’ within SBREFA 16967 para. 77; see also 47 CFR 101.538(a)(1). licensed to incumbent MDS licensees prior to applies to small organizations (nonprofits) and to 228 See Letter to Margaret W. Wiener, Deputy implementation of Section 309(j) of the small governmental jurisdictions (cities, counties, Chief, Auctions and Industry Analysis Division, Communications Act of 1934, 47 U.S.C. 309(j). For towns, townships, villages, school districts, and Wireless Telecommunications Bureau, FCC, from these pre-auction licenses, the applicable standard special districts with populations of less than Gary M. Jackson, Assistant Administrator, SBA is SBA’s small business size standard of 1500 or 50,000). 5 U.S.C. 601(4)–(6). We do not collect (July 28, 2000). fewer employees. annual revenue data on EBS licensees.

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technologies.’’ 237 For these services, the estimate, therefore, likely overstates the qualifies as small under the above size Commission uses the SBA small number of small entities that might be standard, business affiliations must be business size standard for the category affected by our action because the included.251 In addition, to be ‘‘Wireless Telecommunications Carriers revenue figure on which it is based does determined to be a ‘‘small business,’’ the (except satellite),’’ which is 1,500 or not include or aggregate revenues from entity may not be dominant in its field fewer employees.238 To gauge small affiliated companies. In addition, an of operation.252 We note that it is business prevalence for these cable element of the definition of ‘‘small difficult at times to assess these criteria services we must, however, use the most business’’ is that the entity not be in the context of media entities, and our current census data. According to dominant in its field of operation. We estimate of small businesses may Census Bureau data for 2007, there were are unable at this time to define or therefore be over-inclusive. a total of 955 firms in this previous quantify the criteria that would 108. Auxiliary, Special Broadcast and category that operated for the entire establish whether a specific television Other Program Distribution Services. year.239 Of this total, 939 firms station is dominant in its field of This service involves a variety of employed 999 or fewer employees, and operation. Accordingly, the estimate of transmitters, generally used to relay 16 firms employed 1,000 employees or small businesses to which rules may broadcast programming to the public more.240 Thus, the majority of these apply does not exclude any television (through translator and booster stations) firms can be considered small. station from the definition of a small or within the program distribution chain 102. Television Broadcasting. This business on this basis and is therefore (from a remote news gathering unit back Economic Census category ‘‘comprises possibly over-inclusive to that extent. to the station). The Commission has not establishments primarily engaged in 104. In addition, the Commission has developed a definition of small entities broadcasting images together with estimated the number of licensed applicable to broadcast auxiliary sound. These establishments operate noncommercial educational (NCE) licensees. The applicable definitions of television broadcasting studios and television stations to be 396.246 These small entities are those, noted facilities for the programming and stations are non-profit, and therefore previously, under the SBA rules transmission of programs to the considered to be small entities.247 applicable to radio broadcasting stations 241 public.’’ The SBA has created the 105. In addition, there are also 2,528 and television broadcasting stations.253 following small business size standard low power television stations, including 109. The Commission estimates that for Television Broadcasting firms: those Class A stations (LPTV).248 Given the there are approximately 6,099 FM having $14 million or less in annual nature of these services, we will translators and boosters.254 The 242 receipts. The Commission has presume that all LPTV licensees qualify Commission does not collect financial estimated the number of licensed as small entities under the above SBA information on any broadcast facility, commercial television stations to be small business size standard. and the Department of Commerce does 243 1,387. In addition, according to 106. Radio Broadcasting. This not collect financial information on Commission staff review of the BIA Economic Census category ‘‘comprises these auxiliary broadcast facilities. We Advisory Services, LLC’s Media Access establishments primarily engaged in believe that most, if not all, of these Pro Television Database on March 28, broadcasting aural programs by radio to auxiliary facilities could be classified as 2012, about 950 of an estimated 1,300 the public. Programming may originate small businesses by themselves. We also commercial television stations (or in their own studio, from an affiliated recognize that most commercial approximately 73 percent) had revenues network, or from external sources.’’ 249 translators and boosters are owned by a of $14 million or less.244 We therefore The SBA has established a small parent station which, in some cases, estimate that the majority of commercial business size standard for this category, would be covered by the revenue television broadcasters are small which is: such firms having $7 million definition of small business entity entities. 250 discussed above. These stations would 103. We note, however, that in or less in annual receipts. According to Commission staff review of BIA likely have annual revenues that exceed assessing whether a business concern the SBA maximum to be designated as qualifies as small under the above Advisory Services, LLC’s Media Access Pro Radio Database on March 28, 2012, a small business ($7.0 million for a definition, business (control) radio station or $14.0 million for a TV affiliations 245 must be included. Our about 10,759 (97%) of 11,102 commercial radio stations had revenues station). Furthermore, they do not meet the Small Business Act’s definition of a 237 U.S. Census Bureau, 2007 NAICS Definitions, of $7 million or less. Therefore, the 517110 Wired Telecommunications Carriers, majority of such entities are small ‘‘small business concern’’ because they (partial definition), www.census.gov/naics/2007/ entities. are not independently owned and def/ND517110.HTM#N517110. 107. We note, however, that in operated.255 238 13 CFR 121.201, NAICS code 517210. assessing whether a business concern 110. Cable Television Distribution 239 U.S. Census Bureau, 2007 Economic Census, Services. Since 2007, these services Subject Series: Information, Table 5, Employment Size of Firms for the United States: 2007, NAICS to control the other or a third party or parties have been defined within the broad code 5171102 (issued November 2010). controls or has to power to control both.’’ 13 CFR 240 Id. 21.103(a)(1). 251 ‘‘Concerns and entities are affiliates of each 241 U.S. Census Bureau, 2007 NAICS Definitions, 246 See FCC News Release, ‘‘Broadcast Station other when one controls or has the power to control ‘‘515120 Television Broadcasting’’ (partial Totals as of December 31, 2011,’’ dated January 6, the other, or a third party or parties controls or has definition); http://www.census.gov/naics/2007/def/ 2012; http://transition.fcc.gov/Daily_Releases/ the power to control both. It does not matter ND515120.HTM#N515120. Daily_Business/2012/db0106/DOC-311837A1.pdf. whether control is exercised, so long as the power 242 13 CFR 121.201, NAICS code 515120 (updated 247 See generally 5 U.S.C. 601(4), (6). to control exists.’’ 13 CFR 121.103(a)(1) (an SBA for inflation in 2010). 248 See FCC News Release, ‘‘Broadcast Station regulation). 243 See FCC News Release, ‘‘Broadcast Station Totals as of December 31, 2011,’’ dated January 6, 252 13 CFR 121.102(b) (an SBA regulation). Totals as of December 31, 2011,’’ dated January 6, 2012; http://transition.fcc.gov/Daily_Releases/ 253 13 CFR 121.201, NAICS codes 515112 and 2012; http://hraunfoss.fcc.gov/edocs_public/ Daily_Business/2012/db0106/DOC-311837A1.pdf. 515120. attachmatch/DOC-311837A1.pdf. 249 U.S. Census Bureau, 2007 NAICS Definitions, 254 See FCC News Release, ‘‘Broadcast Station 244 We recognize that BIA’s estimate differs ‘‘515112 Radio Stations’’; http://www.census.gov/ Totals as of December 31, 2011,’’ dated January 6, slightly from the FCC total given supra. naics/2007/def/ND515112.HTM#N515112. 2012; http://transition.fcc.gov/Daily_Releases/ 245 ‘‘[Business concerns] are affiliates of each 250 13 CFR 121.201, NAICS code 515112 (updated Daily_Business/2012/db0106/DOC-311837A1.pdf. other when one concern controls or has the power for inflation in 2010). 255 See 15 U.S.C. 632.

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economic census category of Wired under this second size standard, most standard covering cable services, which Telecommunications Carriers; that cable systems are small. is ‘‘Wired Telecommunications category is defined as follows: ‘‘This 112. Cable System Operators. The Carriers.’’ 269 The SBA has developed a industry comprises establishments Communications Act of 1934, as small business size standard for this primarily engaged in operating and/or amended, also contains a size standard category, which is: all such firms having providing access to transmission for small cable system operators, which 1,500 or fewer employees. To gauge facilities and infrastructure that they is ‘‘a cable operator that, directly or small business prevalence for the OVS own and/or lease for the transmission of through an affiliate, serves in the service, the Commission relies on data voice, data, text, sound, and video using aggregate fewer than 1 percent of all currently available from the U.S. Census wired telecommunications networks. subscribers in the United States and is for the year 2007. According to that Transmission facilities may be based on not affiliated with any entity or entities source, there were 3,188 firms that in a single technology or a combination of whose gross annual revenues in the 2007 were Wired Telecommunications technologies.’’ 256 The SBA has aggregate exceed $250,000,000.’’ 262 The Carriers. Of these, 3,144 operated with developed a small business size Commission has determined that an less than 1,000 employees, and 44 standard for this category, which is: all operator serving fewer than 677,000 operated with more than 1,000 such firms having 1,500 or fewer subscribers shall be deemed a small employees. However, as to the latter 44 employees. Census data for 2007 shows operator, if its annual revenues, when there is no data available that shows that there were 1,383 firms that operated combined with the total annual how many operated with more than that year.257 Of those 1,383, 1,368 had revenues of all its affiliates, do not 1,500 employees. Based on this data, the 263 fewer than 100 employees, and 15 firms exceed $250 million in the aggregate. majority of these firms can be had more than 100 employees. Thus Industry data indicate that, of 1,076 considered small.270 In addition, we under this category and the associated cable operators nationwide, all but ten note that the Commission has certified 264 small business size standard, the are small under this size standard. some OVS operators, with some now majority of such firms can be considered We note that the Commission neither providing service.271 Broadband service small. requests nor collects information on providers (‘‘BSPs’’) are currently the whether cable system operators are only significant holders of OVS 111. Cable Companies and Systems. affiliated with entities whose gross 272 The Commission has also developed its certifications or local OVS franchises. annual revenues exceed $250 The Commission does not have own small business size standards, for 265 million, and therefore we are unable financial or employment information the purpose of cable rate regulation. to estimate more accurately the number Under the Commission’s rules, a ‘‘small regarding the entities authorized to of cable system operators that would provide OVS, some of which may not cable company’’ is one serving 400,000 qualify as small under this size or fewer subscribers, nationwide.258 yet be operational. Thus, at least some standard. of the OVS operators may qualify as Industry data indicate that, of 1,076 113. Open Video Systems. Open small entities. The Commission further cable operators nationwide, all but Video Service (OVS) systems provide notes that it has certified approximately eleven are small under this size subscription services.266 The open video 45 OVS operators to serve 75 areas, and standard.259 In addition, under the system (‘‘OVS’’) framework was some of these are currently providing Commission’s rules, a ‘‘small system’’ is established in 1996, and is one of four service.273 Affiliates of Residential a cable system serving 15,000 or fewer statutorily recognized options for the Communications Network, Inc. (RCN) subscribers.260 Industry data indicate provision of video programming received approval to operate OVS that, of 6,635 systems nationwide, 5,802 services by local exchange carriers.267 systems in New York City, Boston, systems have under 10,000 subscribers, The OVS framework provides and an additional 302 systems have opportunities for the distribution of Washington, DC, and other areas. RCN 10,000–19,999 subscribers.261 Thus, video programming other than through has sufficient revenues to assure that cable systems. Because OVS operators they do not qualify as a small business 256 U.S. Census Bureau, 2007 NAICS Definitions, provide subscription services,268 OVS entity. Little financial information is 517110 Wired Telecommunications Carriers, falls within the SBA small business size available for the other entities that are (partial definition), http://www.census.gov/naics/ authorized to provide OVS and are not 2007/def/ND517110.HTM#N517110 (last visited yet operational. Given that some entities Oct. 21, 2009). 2007). The data do not include 851 systems for 257 U.S. Census Bureau, 2007 Economic Census, which classifying data were not available. authorized to provide OVS service have Sector 51, 2007 NAICS code 517210 (released Oct. 262 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & not yet begun to generate revenues, the 20, 2009), http://factfinder.census.gov/servlet/ nn. 1–3. Commission concludes that up to 44 IBQTable?_bm=y&-geo_id=&-fds_ 263 47 CFR 76.901(f); see Public Notice, FCC OVS operators (those remaining) might name=EC0700A1&-_skip=700&-ds_ Announces New Subscriber Count for the Definition name=EC0751SSSZ5&-_lang=en. of Small Cable Operator, DA 01–158 (Cable qualify as small businesses that may be 258 47 CFR 76.901(e). The Commission Services Bureau, Jan. 24, 2001). determined that this size standard equates 264 These data are derived from: R.R. Bowker, 269 U.S. Census Bureau, 2007 NAICS Definitions, approximately to a size standard of $100 million or Broadcasting & Cable Yearbook 2006, ‘‘Top 25 517110 Wired Telecommunications Carriers, less in annual revenues. Implementation of Sections Cable/Satellite Operators,’’ pages A–8 & C–2 (data http://www.census.gov/naics/2007/def/ of the 1992 Cable Act: Rate Regulation, Sixth Report current as of June 30, 2005); Warren ND517110.HTM#N517110. and Order and Eleventh Order on Reconsideration, Communications News, Television & Cable 270 See http://factfinder.census.gov/servlet/ 10 FCC Rcd 7393, 7408 (1995). Factbook 2006, ‘‘Ownership of Cable Systems in the IBQTable?_bm=y&-fds_name=EC0700A1&-geo_ 259 These data are derived from: R.R. Bowker, United States,’’ pages D–1805 to D–1857. id=&-_skip=600&-ds_name=EC0751SSSZ5&-_ Broadcasting & Cable Yearbook 2006, ‘‘Top 25 265 The Commission does receive such lang=en. Cable/Satellite Operators,’’ pages A–8 & C–2 (data information on a case-by-case basis if a cable 271 A list of OVS certifications may be found at current as of June 30, 2005); Warren operator appeals a local franchise authority’s http://www.fcc.gov/mb/ovs/csovscer.html. Communications News, Television & Cable finding that the operator does not qualify as a small 272 See 13th Annual Report, 24 FCC Rcd at 606– Factbook 2006, ‘‘Ownership of Cable Systems in the cable operator pursuant to section 76.901(f) of the 07 para. 135. BSPs are newer firms that are building United States,’’ pages D–1805 to D–1857. Commission’s rules. See 47 CFR 76.909(b). state-of-the-art, facilities-based networks to provide 260 47 CFR 76.901(c). 266 See 47 U.S.C. 573. video, voice, and data services over a single 261 Warren Communications News, Television & 267 47 U.S.C. 571(a)(3)–(4). See 13th Annual network. Cable Factbook 2008, ‘‘U.S. Cable Systems by Report, 24 FCC Rcd at 606, para. 135. 273 See http://www.fcc.gov/mb/ovs/csovscer.html Subscriber Size,’’ page F–2 (data current as of Oct. 268 See 47 U.S.C. 573. (current as of February 2007).

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affected by the rules and policies fixed microwave service operating in Service (‘‘GMRS’’), Radio Control Radio adopted herein. the 12.2–12.7 GHz band. The Service (‘‘R/C’’), Family Radio Service 114. Cable Television Relay Service. Commission adopted criteria for (‘‘FRS’’), Wireless Medical Telemetry The industry in which Cable Television defining three groups of small Service (‘‘WMTS’’), Medical Implant Relay Services operate comprises businesses for purposes of determining Communications Service (‘‘MICS’’), Low establishments primarily engaged in their eligibility for special provisions Power Radio Service (‘‘LPRS’’), and operating and/or providing access to such as bidding credits. It defines a very Multi-Use Radio Service (‘‘MURS’’).283 transmission facilities and infrastructure small business as an entity with average There are a variety of methods used to that they own and/or lease for the annual gross revenues not exceeding $3 license the spectrum in these rule parts, transmission of voice, data, text, sound, million for the preceding three years; a from licensing by rule, to conditioning and video using wired small business as an entity with average operation on successful completion of a telecommunications networks. annual gross revenues not exceeding required test, to site-based licensing, to Transmission facilities may be based on $15 million for the preceding three geographic area licensing. Under the a single technology or a combination of years; and an entrepreneur as an entity RFA, the Commission is required to technologies. Establishments in this with average annual gross revenues not make a determination of which small industry use the wired exceeding $40 million for the preceding entities are directly affected by the rules telecommunications network facilities three years.278 These definitions were being proposed. Since all such entities that they operate to provide a variety of approved by the SBA.279 On January 27, are wireless, we apply the definition of services, such as wired telephony 2004, the Commission completed an Wireless Telecommunications Carriers services, including VoIP services; wired auction of 214 MVDDS licenses (except Satellite), pursuant to which a (cable) audio and video programming (Auction No. 53). In this auction, ten small entity is defined as employing distribution; and wired broadband winning bidders won a total of 192 1,500 or fewer persons.284 Many of the Internet services. By exception, MVDDS licenses.280 Eight of the ten licensees in these services are establishments providing satellite winning bidders claimed small business individuals, and thus are not small television distribution services using status and won 144 of the licenses. The entities. In addition, due to the mostly facilities and infrastructure that they Commission also held an auction of unlicensed and shared nature of the operate are included in this industry.274 MVDDS licenses on December 7, 2005 spectrum utilized in many of these The category designated by the SBA for (Auction 63). Of the three winning services, the Commission lacks direct this industry is ‘‘Wired bidders who won 22 licenses, two information upon which to base an Telecommunications Carriers.’’ 275 The winning bidders, winning 21 of the estimation of the number of small SBA has developed a small business licenses, claimed small business entities under an SBA definition that 281 size standard for this category, which is: status. might be directly affected by our action. all such firms having 1,500 or fewer 116. Amateur Radio Service. These 118. Public Safety Radio Services. employees. According to Census Bureau licensees are held by individuals in a Public Safety radio services include data for 2007, Census data for 2007 noncommercial capacity; these licensees police, fire, local government, forestry shows 3,188 firms in this category.276 Of are not small entities. conservation, highway maintenance, 117. Personal Radio Services. 285 these 3,188 firms, only 44 had 1,000 or and emergency medical services. Personal radio services provide short- more employees. While we could not range, low power radio for personal 283 The Citizens Band Radio Service, General find precise Census data on the number communications, radio signaling, and Mobile Radio Service, Radio Control Radio Service, of firms with in the group with 1,500 or business communications not provided Family Radio Service, Wireless Medical Telemetry fewer employees, it is clear that at least Service, Medical Implant Communications Service, for in other services. The Personal Radio 3,144 firms with fewer than 1,000 Low Power Radio Service, and Multi-Use Radio Services include spectrum licensed Service are governed by subpart D, subpart A, employees would be in that group. On under Part 95 of our rules.282 These subpart C, subpart B, subpart H, subpart I, subpart this basis, the Commission estimates services include Citizen Band Radio G, and subpart J, respectively, of part 95 of the Commission’s rules. See generally 47 CFR part 95. that a substantial majority of the Service (‘‘CB’’), General Mobile Radio providers of interconnected VoIP, non- 284 13 CFR 121.201, NAICS Code 517210. 285 interconnected VoIP, or both in this With the exception of the special emergency 278 Amendment of Parts 2 and 25 of the service, these services are governed by subpart B of 277 category, are small. Commission’s Rules to Permit Operation of NGSO part 90 of the Commission’s rules, 47 CFR 90.15– 115. Multichannel Video Distribution FSS Systems Co-Frequency with GSO and 90.27. The police service includes approximately and Data Service. MVDDS is a terrestrial Terrestrial Systems in the Ku-Band Frequency 27,000 licensees that serve state, county, and Range; Amendment of the Commission’s Rules to municipal enforcement through telephony (voice), Authorize Subsidiary Terrestrial Use of the 12.2– telegraphy (code) and teletype and facsimile 274 U.S. Census Bureau, 2007 NAICS Definitions, 12.7 GHz Band by Direct Broadcast Satellite (printed material). The fire radio service includes ‘‘517110 Wired Telecommunications Carriers’’ Licenses and their Affiliates; and Applications of approximately 23,000 licensees comprised of (partial definition); http://www.census.gov/naics/ Broadwave USA, PDC Broadband Corporation, and private volunteer or professional fire companies as 2007/def/ND517110.HTM#N517110. Satellite Receivers, Ltd. to provide A Fixed Service well as units under governmental control. The local 275 13 CFR 121.201, NAICS code 517110. in the 12.2–12.7 GHz Band, ET Docket No. 98–206, government service is presently comprised of 276 http://factfinder.census.gov/servlet/ Memorandum Opinion and Order and Second approximately 41,000 licensees that are state, IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_ Report and Order, 17 FCC Rcd 9614, 9711, para. 252 county, or municipal entities that use the radio for name=EC0751SSSZ5&-_lang=en. (2002). official purposes not covered by other public safety 277 Id. As noted in para. 18 above with regard to 279 See Letter from Hector V. Barreto, services. There are approximately 7,000 licensees the distinction between manufacturers of Administrator, U.S. Small Business Administration, within the forestry service which is comprised of equipment used to provide interconnected VoIP to Margaret W. Wiener, Chief, Auctions and licensees from state departments of conservation and manufactures of equipment to provide non- Industry Analysis Division, WTB, FCC (Feb.13, and private forest organizations who set up interconnected VoIP, our estimates of the number 2002). communications networks among fire lookout of providers of non-interconnected VoIP (and the 280 See ‘‘Multichannel Video Distribution and towers and ground crews. The approximately 9,000 number of small entities within that group) are Data Service Auction Closes,’’ Public Notice, 19 state and local governments are licensed for likely overstated because we could not draw in the FCC Rcd 1834 (2004). highway maintenance service to provide emergency data a distinction between such providers and those 281 See ‘‘Auction of Multichannel Video and routine communications to aid other public that provide interconnected VoIP. However, in the Distribution and Data Service Licenses Closes; safety services to keep main roads safe for vehicular absence of more accurate data, we present these Winning Bidders Announced for Auction No. 63,’’ traffic. The approximately 1,000 licensees in the figures to provide as thorough an analysis of the Public Notice, 20 FCC Rcd 19807 (2005). Emergency Medical Radio Service (‘‘EMRS’’) use impact on small entities as we can at this time. 282 47 CFR part 90. Continued

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There are a total of approximately which 159 had nine or fewer possible proposed information 127,540 licensees in these services. employees.294 For the second category, collection, reporting, and recordkeeping Governmental entities 286 as well as the data show that 1,682 firms operated requirements. private businesses comprise the for the entire year.295 Of those, 1,675 V. Steps Taken To Minimize Significant licensees for these services. All had annual receipts below $25 million Economic Impact on Small Entities, and governmental entities with populations per year, and an additional two had Significant Alternatives Considered of less than 50,000 fall within the receipts of between $25 million and $ definition of a small entity.287 49,999,999. Consequently, we estimate 124. The RFA requires an agency to 119. Internet Service Providers. that the majority of ISP firms are small describe any significant alternatives that Internet Service Providers, Web Portals entities. it has considered in reaching its and Other Information Services. In 122. Internet Publishing and approach, which may include the 2007, the SBA recognized two new Broadcasting and Web Search Portals. following four alternatives, among small business economic census This industry comprises establishments others: (1) The establishment of categories. They are (1) Internet primarily engaged in 1) publishing and/ differing compliance or reporting Publishing and Broadcasting and Web or broadcasting content on the Internet requirements or timetables that take into Search Portals,288 and (2) All Other exclusively or 2) operating Web sites account the resources available to small Information Services.289 that use a search engine to generate and entities; (2) the clarification, 120. Internet Service Providers. The maintain extensive databases of Internet consolidation, or simplification of 2007 Economic Census places these addresses and content in an easily compliance or reporting requirements firms, whose services might include searchable format (and known as Web under the rule for small entities; (3) the voice over Internet protocol (VoIP), in search portals). The publishing and use of performance, rather than design, either of two categories, depending on broadcasting establishments in this standards; and (4) an exemption from whether the service is provided over the industry do not provide traditional coverage of the rule, or any part thereof, provider’s own telecommunications (non-Internet) versions of the content for small entities.299 facilities (e.g., cable and DSL ISPs), or that they publish or broadcast. They 125. In Section I of this NPRM, we over client-supplied provide textual, audio, and/or video seek comment on whether and how the telecommunications connections (e.g., content of general or specific interest on Commission should adjust the revised dial-up ISPs). The former are within the the Internet exclusively. Establishments cost allocation percentages that would category of Wired Telecommunications known as Web search portals often otherwise result from using updated Carriers,290 which has an SBA small provide additional Internet services, FTE data and implementing the new business size standard of 1,500 or fewer such as email, connections to other web cost allocation proposals. employees.291 These are also labeled sites, auctions, news, and other limited 126. In particular, as stated supra in ‘‘broadband.’’ The latter are within the content, and serve as a home base for 296 Section I, our concern with minimizing category of All Other Internet users. The SBA deems any adverse economic impact of our Telecommunications,292 which has a businesses in this industry with 500 or 297 proposed rules on small entities is size standard of annual receipts of $25 fewer employees small. According to guided by our goals of fairness, million or less.293 These are labeled Census Bureau data for 2007, there were administrability, and sustainability. 2,705 firms that provided one or more non-broadband. Accordingly, we believe that of these services for that entire year. Of 121. The most current Economic adjustments to fees paid by fee payors these, 2,682 operated with less than 500 Census data for all such firms are 2007 should be consistent with those goals. employees and 13 operated with to 999 data, which are detailed specifically for Specifically, we intend to mitigate any employees.298 Consequently, we ISPs within the categories above. For the inequities that might result from estimate the majority of these firms are first category, the data show that 396 imposition of substantial fee increases. firms operated for the entire year, of small entities that may be affected by our proposed actions. 127. In keeping with the requirements of the Regulatory Flexibility Act, we the 39 channels allocated to this service for IV. Description of Projected Reporting, have considered certain alternative emergency medical service communications related Recordkeeping and Other Compliance to the delivery of emergency medical treatment. 47 means of mitigating the effects of fee CFR 90.15–90.27. The approximately 20,000 Requirements: increases to a particular industry licensees in the special emergency service include 123. This Notice of Proposed segment. One option is to make all or medical services, rescue organizations, most fee adjustments at one time. veterinarians, handicapped persons, disaster relief Rulemaking does not propose any organizations, school buses, beach patrols, changes to the Commission’s current Another option is to provide interim establishments in isolated areas, communications compliance rules, but may include adjustments, by phasing in the new fees standby facilities, and emergency repair of public over a period of time. communications facilities. 47 CFR 90.33–90.55. 294 U.S. Census Bureau, 2007 Economic Census, 128. On the issue of revisiting the 286 47 CFR 1.1162. Subject Series: Information, ‘‘Establishment and allocation resulting from this 287 5 U.S.C. 601(5). Firm Size,’’ NAICS code 5171103 (rel. Nov. 19, rulemaking, the Commission is 288 13 CFR 121.201, NAICS code 519130 2010) (employment size). The data show only two (establishing a $500,000 revenue ceiling). categories within the whole: the categories for 1– considering undertaking this 289 13 CFR 121.201, NAICS code 519190 4 employees and for 5–9 employees. reexamination at regular intervals. (establishing a $6.5 million revenue ceiling). 295 U.S. Census Bureau, 2007 Economic Census, Alternatively, such reexamination could 290 U.S. Census Bureau, 2007 NAICS Definitions, Subject Series: Information, ‘‘Establishment and be undertaken in response to comments 517110 Wired Telecommunications Carriers, Firm Size,’’ NAICS code 5179191 (rel. Nov. 19, http://www.census.gov/naics/2007/def/ND517110. 2010) (receipts size). by fee payors in the annual regulatory HTM#N517110. 296 http://www.census.gov/cgi-bin/sssd/naics/ fee collection NPRM. Regardless of the 291 13 CFR 121.201, NAICS code 517110. naicsrch?code=519130&search= method chosen, one underlying concern 292 U.S. Census Bureau, 2007 NAICS Definitions, 2007%20NAICS%20Search we have is to mitigate any adverse ‘‘517919 All Other Telecommunications,’’ http:// 297 http://www.sba.gov/sites/default/files/Size_ economic impact on small service _ www.census.gov/naics/2007/def/ND517919.HTM# Standards Table.pdf. providers who are likely least able to N517919. 298 http://factfinder.census.gov/servlet/ 293 13 CFR 121.201, NAICS code 517919 (updated IBQTable?_bm=y&-geo_id=&-_skip=1000&- for inflation in 2008). ds_name=EC0751SSSZ5&-_lang=en. 299 5 U.S.C. 603.

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absorb unpredictable changes in fees VI. Ordering Clauses this Notice of Proposed Rulemaking, from year to year. including the Initial Regulatory 41. Accordingly, it is ordered that, 129. In light of our stated goals, the Flexibility Analysis, to the Chief Commission seeks comment on the pursuant to Sections 4(i) and (j), 9, and 303(r) of the Communications Act of Counsel for Advocacy of the U.S. Small abovementioned, and any other, means Business Administration. and methods that would minimize any 1934, as amended, 47 U.S.C. 154(i), significant economic impact of our 154(j), 159, and 303(r), this Notice of Federal Communications Commission. proposed rules on small entities. Proposed Rulemaking is hereby Marlene H. Dortch, adopted. Secretary. VII. Federal Rules That May Duplicate, 42. It is further ordered that the [FR Doc. 2012–20203 Filed 8–16–12; 8:45 am] Overlap, or Conflict With the Proposed Commission’s Consumer and BILLING CODE 6712–01–P Rules Governmental Affairs Bureau, Reference 130. None. Information Center, shall send a copy of

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Notices Federal Register Vol. 77, No. 160

Friday, August 17, 2012

This section of the FEDERAL REGISTER DATES: Comments on this notice must be that are verified by a third party identity contains documents other than rules or received by October 16, 2012 to be proofing service in an automated proposed rules that are applicable to the assured of consideration. interface. Once an account is activated, public. Notices of hearings and investigations, ADDRESSES: Interested persons are customers may use the associated user committee meetings, agency decisions and rulings, delegations of authority, filing of invited to submit comments concerning ID and password that they created to petitions and applications and agency this information collection to Pam access USDA resources that are statements of organization and functions are Weber, 2150 Centre Avenue, Building protected by eAuth. A—Suite 205B, Fort Collins, Colorado examples of documents appearing in this Estimate of Burden: Public reporting section. 80526. Fax comments should be sent to the attention of Pam Weber at fax burden for this collection of information number (970) 295–5528. is estimated to take eight (8) minutes to complete the self registration process for DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Pam Weber by telephone at (970) 295–5130, a Level 1 Access account. A Level 2 Notice of Request for Extension of a or via email at Access account registration is estimated Currently Approved Information [email protected]. to be completed in one hour 40 minutes Collection; USDA Registration Form To when travelling to a USDA Service SUPPLEMENTARY INFORMATION: Request Electronic Access Code Center to visit a local registration Title: USDA Registration Form to AGENCY: Office of the Chief Information Request Electronic Access Code. authority (expected to be approximately Officer, USDA. OMB Number: 0503–0014. 30% of the registrants), or 50 minutes ACTION: Notice and request for Expiration Date of Approval: August when using the on-line identity proofing comments. 31, 2013. service (expected to be approximately Type of Request: Extension and 70% of the registrants). SUMMARY: In accordance with the revision of a currently approved Respondents: Individual USDA Paperwork Reduction Act of 1995 (44 information collection. Customers. U.S.C. 3506), this notice announces and Abstract: The USDA OCIO has requests comments on the intention of developed eAuth as a management and Estimated Number of Respondents: the Office of the Chief Information technical process that addresses user 114,841 Level 1 and 14,860 Level 2 for Officer (OCIO) to request approval for authentication and authorization an estimated total of 129,701 the continuation of and changes to an prerequisites for providing services respondents. information collection necessary to electronically. The process requires a Estimated Number of Responses per allow USDA customers to securely and one-time electronic self registration to Respondent: 1. confidently share data and receive obtain an eAuth account for each USDA services electronically. Authority for customer desiring access to on-line Estimated Total Annual Burden on obtaining information from customers is services or applications that require user Respondents: 31,077 hours. included in the Freedom to E-File Act authentication. USDA customers can Comments are invited on (1) Whether (7 U.S.C. 7031–7035), the Electronic self register for a Level 1 or Level 2 the proposed collection of information Signatures in Global and National Access account. A Level 1 Access is necessary for the proper performance Commerce Act (E–SIGN) (15 U.S.C. account provides users with limited of the functions of the agency, including 7001–7031), and the E-Government Act access to USDA Web site portals and whether the information will have of 2002 (44 U.S.C. 3601–3606; 3541– applications that have minimal security practical utility; (2) the accuracy of the 3549). Customer information is requirements. A Level 2 Access account agency’s estimate of burden of the collected through the USDA enables users to conduct official proposed collection of information, eAuthentication Service (eAuth), electronic business transactions via the including the validity of the located at http:// Internet, enter into a contract with the methodology and assumptions used; (3) www.eauth.egov.usda.gov. The USDA USDA, and submit forms electronically ways to enhance the quality, utility, and eAuth service provides the public and via the Internet to USDA agencies. Due clarity of the information to be government businesses with a single to the increased customer access collected; and (4) ways to minimize the sign-on capability for USDA associated with a Level 2 Access burden of the collection of the applications, management of user account, customers must be identity information on those who respond, credentials, and verification of identity, proofed, in addition to completing an through the use of appropriate authorization, and electronic signatures. electronic self registration. Identity USDA’s eAuth service obtains customer proofing can be accomplished for automated, electronic, mechanical, information through an electronic self customers in two ways: (1) By visiting technological or other forms of registration process provided through a local registration authority at a USDA information technology collection the eAuth Web site. This voluntary on- Service Center, or (2) through a new on- methods. Copies of the information line self registration process enables line identity proofing service. The new collection may be obtained from Ms. USDA customers, as well as employees, on-line identity proofing service will Weber by calling or emailing your to obtain accounts as authorized users provide registrants with a more efficient request to the contact information above that will provide single sign-on mechanism to have their identity in the ADDRESSES section. All responses capability to access USDA Web proofed. The on-line identity proofing to this notice will be summarized and applications and services via the requires responses to at least four included in the request for OMB Internet. randomly selected identity questions

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approval. All comments will become a DEPARTMENT OF AGRICULTURE infrastructure on eleven domestic matter of public record. livestock grazing allotments (Seymour, Forest Service Fishtrap, Mudd Creek, Pintlar Creek, Cheryl L. Cook, Mussigbrod, Ruby Creek, Dry Creek, Chief Information Officer, Office of the Chief Beaverhead-Deerlodge National Twin Lakes, Monument, Pioneer, and Information Officer, USDA. Forest, Wisdom and Wise River Ranger Saginaw) to comply with the applicable [FR Doc. 2012–20200 Filed 8–16–12; 8:45 am] Districts; Montana; North and West Big 2009 Beaverhead-Deerlodge Land and BILLING CODE 3410–KR–P Hole Allotment Management Plans Resource Management Plan (Forest AGENCY: Forest Service, USDA. Plan) direction. This action is needed because there is DEPARTMENT OF AGRICULTURE ACTION: Notice of intent to prepare an environmental impact statement. new direction in the Forest Plan for Forest Service livestock grazing, site specific SUMMARY: The nature of the North and suitability, and site specific Allowable Boundary Technical Correction for the West Big Hole Allotment Management Use Levels (AUL’s). McKenzie Wild and Scenic River Plans (NWBH AMP’s) project is the Proposed Action ‘‘Lower and Upper Portions’’, updating of eleven domestic livestock Willamette National Forest, Lane grazing management plans. The authorizing official proposes to: County, OR The scope of the project is limited to —Re-issue domestic livestock grazing the specific eleven domestic livestock permits for the eleven allotments for AGENCY: Forest Service, USDA. allotments on the Beaverhead-Deerlodge a period of ten years. ACTION: Notice of availability. National Forest Service administered —Reduce the authorized number of lands and those under agreement with Head Months (HM’s) from 8,365 to SUMMARY: In accordance with Section the Bureau of Land Management (BLM) 5,666 on National Forest Service 3(b) of the Wild and Scenic Rivers Act, and Montana Fish, Wildlife, and Parks lands. This would be a thirty-two the USDA Forest Service, Washington (FWP). This project is not a general percent reduction in the authorized Office, is transmitting the technical management plan for the area, nor is it HM’s on National Forest lands within correction for the boundary of the a programmatic environmental analysis the project area. Seven of the McKenzie Wild and Scenic River for domestic livestock grazing on the allotments would see a decrease and ‘‘Lower Portion’’ and ‘‘Upper Portion’’ entire forest. four allotments would remain at the to Congress. DATES: Comments concerning the scope current permitted levels. FOR FURTHER INFORMATION CONTACT: of the analysis must be received by —Increase livestock numbers on three Information may be obtained by September 17, 2012. The draft allotments, decrease the numbers on contacting the following office: environmental impact statement is two allotments, and keep the same Willamette National Forest, 3106 Pierce expected March of 2013 and the final numbers on six allotments. Parkway Suite D, Springfield, OR 97477, environmental impact statement is —Reduce the Season of Use (SOU) on (541) 225–6300. expected September of 2013. five allotments and keep the same SOU on six allotments. ADDRESSES: Individuals who use Send written comments to —Change the grazing system on seven telecommunication devices for the deaf Attention Laura Hudnell, Beaverhead- allotments and keep four the same. (TDD) may call the Federal Information Deerlodge National Forest, 420 Barrett —Apply the site specific AUL’s to all Relay Service (FIRS) at 1–800–877–8339 St., Dillon, MT 59725 and weekdays eleven allotments. between 8 a.m. and 8 p.m., Eastern 7:30 a.m. to 4:30 p.m. for hand delivery. —Add new infrastructure on five Time, Monday through Friday. Comments may also be sent via email to allotments. Within these five SUPPLEMENTARY INFORMATION: The comments-northern-beaverhead- allotments structural improvements McKenzie Wild and Scenic River [email protected] in one of the would include the addition of one ‘‘Lower and Upper Portions’’ boundary following formats: Word (.doc or .docx), mile of fencing, a quarter mile of is available for review at the following rich text format (.rtf), text (.txt), and/or piping, development of two springs, offices: USDA Forest Service, hypertext markup language (.html), or addition of two water tanks, one new Recreation, Yates Building, 14th and via facsimile to Attention Laura exclosure, three hardened crossings, Independence Avenues SW., Hudnell, NWBH AMP’s, 406–683–3886. and the conversion of three temporary Washington, DC 20024; USDA Forest For all forms of comment, make sure to exclosures to permanent exclosures. Service, Pacific Northwest Region, 333 include your name, physical address, —Implement compliance and long term SW First Avenue, Portland, Oregon phone number, and a subject title of rangeland monitoring on all eleven 97208–3623. NWBH AMP’s. allotments. FOR FURTHER INFORMATION CONTACT: Mr. The Omnibus Oregon Wild and Possible Alternatives Scenic Rivers Act of 1988 (Pub. L. 100– Russell Riebe, Wisdom/Wise River 557) designated the McKenzie River, District Ranger at (406) 689–3243 or via 1—No Action Alternative. Under this Oregon, as a Wild and Scenic River, to email at [email protected]. alternative domestic livestock grazing be administered by the Secretary of Individuals who use permits on National Forest Service Agriculture. As specified by law, the telecommunication devices for the deaf (NFS) lands on the eleven allotments boundary will not be effective until (TDD) may call the Federal Information would be discontinued with a minimum ninety (90) days after Congress receives Relay Service (FIRS) at 1–800–877–8339 of two years notice (36 CFR 222.4(a)(1)) the transmittal. between 8 a.m. and 8 p.m., Eastern to permittees. No new term grazing Time, Monday through Friday. permits for domestic livestock grazing Dated: August 13, 2012. SUPPLEMENTARY INFORMATION: would be issued. Maureen T. Hyzer, 2—Current Grazing Management Deputy Regional Forester. Purpose and Need for Action Alternative. Under this alternative new [FR Doc. 2012–20226 Filed 8–16–12; 8:45 am] This action is being undertaken to term domestic livestock grazing permits BILLING CODE 3410–11–P update the grazing management and would be issued with the current

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management. Domestic livestock grazing with subsequent environmental with the Federal Advisory Committee would continue based on the Interim documentation. Act. The following business will be Livestock Grazing Standards (Forest Dated: August 10, 2012. conducted: (1) Review of project proposals for initiation of title II funds; Plan Ch. 3, pg. 26), the Forest Service Russell B. Riebe, (FS) Annual Operating Instructions and (2) Public comment. The full Wisdom/Wise River District Ranger. (AOI), the 2012 Agreement for agenda and order of proposal Coordination Management of Rangeland [FR Doc. 2012–20209 Filed 8–16–12; 8:45 am] presentations can be found at https:// (ACMR) with the Bureau of Land BILLING CODE 3410–11–P fsplaces.fs.fed.us/fsfiles/unit/wo/ Management (BLM), and the 2011 secure_rural_schools.nsf/RAC/ Cooperative Livestock Grazing Southern+New+Mexico? DEPARTMENT OF AGRICULTURE Management Agreement (CLGMA) with OpenDocument. Anyone who would like to bring Montana Fish, Wildlife, and Parks Forest Service (FWP). There would be no changes or related matters to the attention of the additions in grazing management or Southern New Mexico Resource committee may file written statements infrastructure. Advisory Committee with the committee staff before or after the meeting. The agenda will include Lead and Cooperating Agencies AGENCY: Forest Service, USDA. time for people to make oral statements The United States Department of ACTION: Notice of meeting. of three minutes or less. Individuals Agriculture (USDA) Forest Service, wishing to make an oral statement SUMMARY: Beaverhead-Deerlodge National Forest The Southern New Mexico should request in writing by August 24 will be the lead agency. The BLM field Resource Advisory Committee will meet to be scheduled on the agenda. offices in Dillon and Butte, Montana, in Socorro, New Mexico. The purpose of Written comments and requests for and FWP office in Butte will be the committee is to improve time for oral comments must be sent to cooperating agencies. collaborative relationships and to Patti Turpin by postal service, email, or provide advice and recommendations to facsimile (575–434–7218). A summary Responsible Official the Forest Service concerning projects of the meeting will be posted at https: The Wisdom/Wise River District and funding consistent with the title II //fsplaces.fs.fed.us/fsfiles/unit/wo/ _ _ Ranger will be the responsible official. of the Act. The meeting is open to the secure rural schools.nsf/RAC/ public. The purpose of the meeting is to Southern+New+Mexico?OpenDocument Nature of Decision To Be Made review project proposals to be initiated within 21 days of the meeting. with title II funds. The decision to be made is whether to Dated: August 13, 2012. implement the proposed action, another DATES: The meeting will be held Kelly Russell, alternative, or a combination of the September 6, 2012, 8 a.m. Designated Federal Official. ADDRESSES alternatives. : The meeting will be held at [FR Doc. 2012–20224 Filed 8–16–12; 8:45 am] Socorro County Annex Building, 198 BILLING CODE 3410–11–P Permits or Licenses Required Neel Avenue. Grazing permits for domestic Written comments may be submitted livestock grazing would be issued for as described under SUPPLEMENTARY DEPARTMENT OF AGRICULTURE ten years for each of the eleven INFORMATION. All comments, including allotments. names and addresses when provided, Forest Service are placed in the record and are Scoping Process available for public inspection and El Dorado County Resource Advisory This notice of intent initiates the copying. The public may inspect COMMITTEE scoping process, which guides the comments received at the Lincoln AGENCY: Forest Service, USDA. National Forest Supervisor’s Office, development of the environmental ACTION: Notice of meeting. impact statement. A scoping letter and 3463 Las Palomas Road, Alamogordo, maps will be mailed to interested NM 88310. Please call ahead to 575– SUMMARY: The El Dorado County publics, Tribes, and federal, state, and 434–7200 to facilitate entry into the Resource Advisory Committee will meet local governments. building to view comments. in Placerville, California. The committee It is important that reviewers provide FOR FURTHER INFORMATION CONTACT: Patti is authorized under the Secure Rural their comments at such times and in Turpin, RAC Coordinator, 575–434– Schools and Community Self- such a manner that they are useful to 7230 or [email protected]. Determination Act (Pub. L. 112–141) the agency’s preparation of the Individuals who use (the Act) and operates in compliance environmental impact statement. telecommunication devices for the deaf with the Federal Advisory Committee Therefore, comments should be (TDD) may call the Federal Information Act. The purpose of the committee is to provided prior to the close of the Relay Service (FIRS) at 1–800–877–8339 improve collaborative relationships and comment period and should clearly between 8:00 a.m. and 8:00 p.m., to provide advice and recommendations articulate the reviewer’s concerns and Eastern Standard Time, Monday to the Forest Service concerning projects contentions. through Friday. Requests for reasonable and funding consistent with the title II Comments received in response to accommodation for access to the facility of the Act. The meetings are open to the this solicitation, including names and or procedings may be made by public. The purpose of the meetings is addresses of those who comment, will contacting the person listed FOR to review and recommend projects be part of the public record for this FURTHER INFORMATION CONTACT . authorized under title II of the Act. proposed action. Comments submitted SUPPLEMENTARY INFORMATION: The DATES: The meetings will be held anonymously will be accepted and committee is authorized under the September 10, 17, 24, 2012, 6 p.m. considered; however, anonymous Secure Rural Schools and Community ADDRESSES: The meetings will be held comments will not provide the Agency Self-Determination Act (Pub. L 112–141) in the Community Room at Folsom Lake with the ability to provide the responder (the Act) and operates in compliance College, El Dorado Center, 6699 Campus

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Drive Placerville, CA 95667. Written Dated: August 6, 2012. at: https://fsplaces.fs.fed.us/fsfiles/unit/ comments may be submitted as Kathryn D. Hardy, wo/secure_rural_schools.nsf/RAC/ described under SUPPLEMENTARY Forest Supervisor. AA113CC501D12647882575 INFORMATION. All comments, including [FR Doc. 2012–19838 Filed 8–16–12; 8:45 am] BD006DF2AA?OpenDocument. Anyone names and addresses when provided, BILLING CODE 3410–11–M who would like to bring related matters are placed in the record and are to the attention of the committee may available for public inspection and file written statements with the copying. The public may inspect DEPARTMENT OF AGRICULTURE committee staff before or after the comments received at 100 Forni Road, meeting. The agenda will include time Placerville, CA 95667. Please call ahead Forest Service for people to make oral statements of to 530–621–5268 to facilitate entry into three minutes or less. Individuals the building to view comments. Fishlake Resource Advisory wishing to make an oral statement Committee FOR FURTHER INFORMATION CONTACT: should request in writing by September Frank Mosbacher, Public Affairs Officer, AGENCY: Forest Service, USDA. 14, 2012 to be scheduled on the agenda. 530–621–5268, [email protected]. ACTION: Notice of meeting. Written comments and requests for time for oral comments must be sent to Individuals who use SUMMARY: The Fishlake Resource Fishlake RAC Coordinator, 115 E 900 N, telecommunication devices for the deaf Advisory Committee will meet in Richfield, UT 84701, or by email to (TDD) may call the Federal Information Richfield, Utah. The committee is [email protected], or via facsimile (435) Relay Service (FIRS) at 1–800–877–8339 authorized under the Secure Rural 896–9347. A summary of the meeting between 8:00 a.m. and 8:00 p.m., Schools and Community Self- will be posted on the web site listed Eastern Standard Time, Monday Determination Act (Pub. L. 112–141) above within 21 days of the meeting. through Friday. (the Act) and operates in compliance Meeting Accommodations: If you are SUPPLEMENTARY INFORMATION: The with the Federal Advisory Committee a person requiring reasonable following business will be conducted: Act. The purpose of the committee is to accommodation, please make requests project proposals will be reviewed and improve collaborative relationships and in advance for sign language recommended for approval. Agendas to provide advice and recommendations interpreting, assistive listening devices may be viewed at: https:// to the Forest Service concerning projects or other reasonable accommodation for fsplaces.fs.fed.us/fsfiles/unwo/secure_ and funding consistent with the title II access to the facility or procedings by rural_schools.nsf/Web_Agendas?Open of the Act. The meeting is open to the contacting the person listed under For View&Count=1000&RestrictTo public. The purpose of the meeting is to Further Information Contact. All Category=E1+Dorado+County. Anyone review and recommend projects under reasonable accommodation requests are who would like to bring related matters title II of the Act, and receive public managed on a case by case basis. comments on the meeting subjects and to the attention of the committee may Dated: August 13, 2012. file written statements with the proceedings. Mel Bolling, committee staff before or after the DATES: The meeting will be held meeting. The agenda will include time September 25, 2012, 1 p.m. Acting Forest Supervisor. for people to make oral statements of ADDRESSES: The meeting will be held at [FR Doc. 2012–20208 Filed 8–16–12; 8:45 am] three minutes or less. Individuals the Fishlake National Forest office, 115 BILLING CODE 3410–11–P wishing to make an oral statement E. 900 N., Richfield, Utah. Written should request in writing by August 27 comments may be submitted as for the September 10 meeting, described under Supplemental DEPARTMENT OF AGRICULTURE September 3 for the September 17 Information. All comments, including Forest Service meeting, and September 19 for the names and addresses when provided, September 24 meeting to be scheduled are placed in the record and are Dixie Resource Advisory Committee on the agenda. Written comments and available for public inspection and requests for time for oral comments copying. The public may inspect AGENCY: Forest Service, USDA. must be sent to Frank Mosbacher; 100 comments received at 115 E 900 N, ACTION: Notice of meeting. Forni Road, Placerville, CA 95667, or by Richfield, UT 84701. Please call ahead email to [email protected] or via to (435) 896–1070 to facilitate entry into SUMMARY: The Dixie Resource Advisory facsimile to 530–621–5297. A summary the building to view comments. Committee will meet in Panguitch, of the meeting will be posted at FOR FURTHER INFORMATION CONTACT: John Utah. The committee is meeting as https://fsplaces.fs.fed.us/fsfiles/unit/wo/ Zapell, RAC Coordinator, Fishlake authorized under the Secure Rural secure_rural_schools.nsf/Web_ National Forest, (435) 896–1070; email: Schools and Community Self- Agendas?OpenView&Count= [email protected]. Individuals who use Determination Act (Pub. L. 112–141) 1000&RestrictToCategory=E1+Dorado+ telecommunication devices for the deaf and in compliance with the Federal County within 21 days of the meeting. (TDD) may call the Federal Information Advisory Committee Act. The purpose Meeting Accommodations: If you are Relay Service (FIRS) at 1–800–877–8339 of the committee is to improve a person requiring resonable between 8 a.m. and 8 p.m., Eastern collaborative relationships and to accomodation, please make requests in Standard Time, Monday through Friday. provide advice and recommendations to advance for sign language interpreting, SUPPLEMENTARY INFORMATION: The the Forest Service concerning projects assistive listening devices or other following business will be conducted: and funding consistent with the title II reasonable accomodation for access to (1) Review and recommend projects for of the Act. The meeting is open to the the facility or procedings by contacting approval, and (2) receive public public. The purpose of the meeting is to the person listed under For Further comment on the meeting subjects and review and recommend projects Information Contact. All reasonable proceedings. The meeting agenda, authorized under title II of the Act. accommodation requests are managed proposed projects and other information DATES: Wednesday, September 12, 2012, on a case by case basis. about the Fishlake RAC may be found 9 a.m.

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ADDRESSES: The meeting will be held at DEPARTMENT OF AGRICULTURE less. Individuals wishing to make an Panguitch City offices, 25 South 200 oral statement should request in writing East, Panguitch, Utah. Forest Service by September 1, 2012 to be scheduled Written comments may be submitted on the agenda. Written comments and Gallatin County Resource Advisory requests for time for oral comments as described under SUPPLEMENTARY Committee must be sent to Mariah Leuschen, 1310 INFORMATION. All comments, including Main Street, Billings, Montana 59105, or names and addresses when provided, AGENCY: Forest Service, USDA. ACTION: Notice of meeting. by email to [email protected], or are placed in the record and are via facsimile to 406–255–1499. A available for public inspection and SUMMARY: The Gallatin County Resource summary of the meeting will be posted copying. The public may inspect Advisory Committee will meet in at www.fs.usda.gov/gallatin within 21 comments received at 1789 North Bozeman, Montana. The committee is days of the meeting. Wedgewood Lane, Cedar City, Utah. authorized under the Secure Rural Meeting Accommodations: If you are Please call ahead to (435) 865–3700 to Schools and Community Self- a person requiring reasonable facilitate entry into the building to view Determination Act (Pub. L. 112–141) accomodation, please make requests in comments. (the Act) and operates in compliance advance for sign language interpreting, assistive listening devices or other FOR FURTHER INFORMATION CONTACT: with the Federal Advisory Committee reasonable accomodation for access to Janice Minarik, RAC Coordinator, Dixie Act. The purpose of the committee is to improve collaborative relationships and the facility or procedings by contacting National Forest, (435) 865–3794; email: to provide advice and recommendations the person listed under FOR FURTHER [email protected]. Individuals who use to the Forest Service concerning projects INFORMATION CONTACT. All reasonable telecommunication devices for the deaf and funding consistent with the title II accommodation requests are managed (TDD) may call the Federal Information of the Act. The meeting is open to the on a case- by-case basis. Relay Service (FIRS) at 1–800–877–8339 public. The purpose of the meeting is to Dated: August 8, 2012. between 8 a.m. and 8 p.m., Eastern review and recommend projects Standard Time, Monday through Friday. Marna Daley, authorized under title II of the Act. Acting Forest Supervisor. DATES SUPPLEMENTARY INFORMATION: The : The meeting will be held [FR Doc. 2012–19881 Filed 8–16–12; 8:45 am] Wednesday, September 12, 2012 from 1 following business will be conducted: BILLING CODE 3410–11–M (1) Welcome and committee p.m. to 5 p.m. introductions; (2) Review the purpose of ADDRESSES: The meeting will be held at the Act and the Bozeman Public Library, 626 East DEPARTMENT OF AGRICULTURE reauthorization; (3) RAC project Main Street Bozeman, MT 59715. presentations and general discussion; Written comments may be submitted as Forest Service and (4) Caucus discussions and final described under Supplementary Information. All comments, including Pennington County Resource Advisory vote. The full agenda and additional Committee information may be previewed at names and addresses when provided, http://www.fs.usda.gov/dixie/. Anyone are placed in the record and are AGENCY: Forest Service, USDA. who would like to bring related matters available for public inspection and ACTION: Notice of meeting. to the attention of the committee may copying. SUMMARY: file written statements with the The public may inspect comments The Pennington County committee staff before or after the received at 1310 Main Street, Billings, Resource Advisory Committee will meet Montana Please call ahead to 406–255– in Rapid City, SD. The committee is meeting. Written comments must be 1411 to facilitate entry into the building meeting as authorized under the Secure sent to the RAC Coordinator, 1789 North to view comments. Rural Schools and Community Self- Wedgewood Lane, Cedar City, Utah FOR FURTHER INFORMATION CONTACT: Determination Act (Pub. L. 112–141) 84721, or by email to Mariah Leuschen, RAC Coordinator, (the Act) and operates in compliance [email protected], or via facsimile to Custer and Gallatin National Forests, with the Federal Advisory Committee (435) 865–3791. A summary of the (406) 255–1411 or Mary Erickson, Forest Act. The purpose of the committee is to meeting will be posted at Supervisor and Designated Federal improve collaborative relationships and http://www.fs.usda.gov/dixie/ within 21 Official, Custer and Gallatin National to provide advice and recommendations days of the meeting. Forests, (406) 587–6949. Individuals to the Forest Service concerning projects Meeting Accommodations: If you are who use telecommunication devices for and funding consistent with the title II a person requiring reasonable the deaf (TDD) may call the Federal of the Act. The meeting is open to the accommodation, please make requests Information Relay Service (FIRS) at 1– public. The purpose of the meeting is to in advance for sign language 800–877–8339 between 8 a.m. and 8 review and recommend project interpreting, assistive listening devices p.m., Eastern Standard Time, Monday proposals authorized under title II of the or other reasonable accommodation for through Friday. Act. access to the facility for proceedings by SUPPLEMENTARY INFORMATION: The DATES: The meetings will be held contacting the person listed under FOR following business will be conducted: September 11 and September 27, 2012, FURTHER INFORMATION CONTACT. All Overview of current project status and at 5:00 p.m. reasonable accommodation requests are discussion and decisions on future ADDRESSES: The meetings will be held at managed on a case by case basis. project recommendations. Anyone who the Mystic Ranger District Office at 8221 Dated: August 3, 2012. would like to bring related matters to South Highway 16. Written comments the attention of the committee may file should be sent to Jon M. Stansfield, Kevin R. Schulkoski, written statements with the committee 8221 South Highway 16, Rapid City, SD Acting Forest Supervisor. staff before or after the meeting. The 57702. Comments may also be sent via [FR Doc. 2012–19491 Filed 8–16–12; 8:45 am] agenda will include time for people to email to [email protected], or via BILLING CODE 3410–11–P make oral statements of three minutes or facsimile to 605–343–7134.

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All comments, including names and Horn County RAC in the subject line. Act. The purpose of the committee is to addresses when provided, are placed in Facsimilies may be sent to 307–674– improve collaborative relationships and the record and are available for public 2668. to provide advice and recommendations inspection and copying. The public may All comments, including names and to the Forest Service concerning projects inspect comments received at the addresses when provided, are placed in and funding consistent with title II of Mystic Ranger District office. Visitors the record and are available for public the Act. The meeting is open to the are encouraged to call ahead at 605– inspection and copying. The public may public. The purpose of the meeting is to 343–1567 to facilitate entry into the inspect comments received at Bighorn discuss the committee’s processes and building. National Forest, 2013 Eastside 2nd procedures, review applications, and Street, Sheridan, Wyoming 82801. FOR FURTHER INFORMATION CONTACT: Jon make recommendations for projects to Visitors are encouraged to call ahead to M. Stansfield, Acting District Ranger, be approved. 307–674–2600 to facilitate entry into the Mystic Ranger District, 605–343–1567. DATES: The meeting will be held Individuals who use building. September 11, 2012, 6 p.m. FOR FURTHER INFORMATION CONTACT: telecommunication devices for the deaf ADDRESSES: Laurie Walters-Clark, RAC Coordinator, The meeting will be held at (TDD) may call the Federal Information the Amador County Public Health Relay Service (FIRS) at 1–800–877–8339 USDA, Bighorn National Forest, 2013 Eastside 2nd Street, Sheridan, Wyoming Building, Conference Room A; 10877 between 8 a.m. and 8 p.m., Eastern Conductor Road, Sutter Creek, CA. Standard Time, Monday through Friday. 82801; (307) 674–2627. Individuals who use Written comments may be submitted SUPPLEMENTARY INFORMATION: Meetings telecommunication devices for the as described under SUPPLEMENTARY are open to the public. The following hearing impaired may call 1–307–674– INFORMATION. All comments, including business will be conducted: Review and 2604 between 8 a.m. and 5 p.m., names and addresses when provided, recommend project proposals Mountian time, Monday through Friday. are placed in the record and are authorized under title II of the Act. available for public inspection and Persons who wish to bring matters to SUPPLEMENTARY INFORMATION: The meeting is open to the public. The copying. The public may inspect the attention of the Committee may comments received at Eldorado National submit comments in the form of written following business will be conducted: (1) Introductions, (2) Project reviews, (3) Forest Headquarter’s Office; 100 Forni correspondence to the Committee staff Road, Placerville, CA. Please call ahead before or after the meeting. Public Comment; and (4) Project voting for recommendation. Persons who wish to (530) 622–5061 to facilitate entry into Dated: August 10, 2012. to bring related matters to the attention the building to view comments. Craig Bobzien, of the Committee may file written FOR FURTHER INFORMATION CONTACT: Forest Supervisor. statements with the Committee staff Frank Mosbacher, Resource Advisory [FR Doc. 2012–20217 Filed 8–16–12; 8:45 am] before or after the meeting. Committee Coordinator, Forest BILLING CODE 3410–11–P Meeting Accommodations: If you are headquarters, 100 Forni Road, a person requiring resonable Placerville, CA (530) 621–5268, TTY accommodation, please make requests (530) 642–5122, [email protected]. DEPARTMENT OF AGRICULTURE in advance for sign language Individuals who use interpreting, assistive listening devices telecommunication devices for the deaf Forest Service or other reasonable accomodation for (TDD) may call the Federal Information access to the facility or procedings by Relay Service (FIRS) at 1–800–877–8339 Big Horn County Resource Advisory contacting the person listed under FOR between 8 a.m. and 8 p.m., Eastern Committee FURTHER INFORMATION CONTACT. All Standard Time, Monday through Friday. AGENCY: Forest Service, USDA. reasonable accommodation requests are SUPPLEMENTARY INFORMATION: The ACTION: Notice of meeting. managed on a case by case basis. following business will be conducted: Dated: August 13, 2012. Review and discuss the committee’s SUMMARY: The Big Horn County William T. Bass, processes and procedures, review Resource Advisory Committee will meet Forest Supervisor. project proposals, and make in Greybull, Wyoming. The committee recommendations for projects to be is meeting as authorized under the [FR Doc. 2012–20222 Filed 8–16–12; 8:45 am] BILLING CODE 3410–11–P approved. The full agenda will be Secure Rural Schools and Community posted on the Web at: https://fsplaces.fs. Self-Determination Act (Pub. L. 112– fed.us/fsfiles/unit/wo/secure_rural_ 141) and in compliance with the Federal DEPARTMENT OF AGRICULTURE schools.nsf/Web_Agendas?OpenView& Advisory Committee Act. The purpose Count=1000&RestrictToCategory= is to hold the sixth meeting and to vote Forest Service Amador+County. Anyone who would on project proposals. like to bring related matters to the DATES: The meeting will be held on Meeting of the Amador County attention of the committee may file September 11, 2012 and will begin at 3 Resource Advisory Committee written statements with the committee p.m. AGENCY: Forest Service, USDA. staff before the meeting. The agenda will ADDRESSES: The meeting will be held at ACTION: Notice. include time for people to make oral the Big Horn County Weed and Pest statements of three minutes or less. Building, 4782 Highway 310, Greybull, SUMMARY: The Amador County Resource Individuals wishing to make an oral Wyoming. Written comments about this Advisory Committee will meet in Sutter statement should request in writing by meeting should be sent to Laurie Creek, California. The committee is August 31, 2012 to be scheduled on the Walters-Clark, Bighorn National Forest, authorized under the Secure Rural agenda. Written comments and requests 2013 Eastside 2nd Street, Sheridan, Schools and Community Self- for time for oral comments must be sent Wyoming 82801. Comments may also be Determination Act (Pub. L. 112–141) to Frank Mosbacher, RAC Coordinator; sent via email to comments- (the Act) and operates in compliance 100 Forni Road, Placerville, CA 95667 [email protected], with the words Big with the Federal Advisory Committee or by email to [email protected], or

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via facsimile to 530–621–5297. A 1411 to facilitate entry into the building DEPARTMENT OF COMMERCE summary of the meeting will be posted to view comments. at https://fsplaces.fs.fed.us/fsfiles/unit/ International Trade Administration _ _ _ FOR FURTHER INFORMATION CONTACT: wo/secure rural schools.nsf/Web [A–475–601] Agendas?OpenView&Count=1000& Mariah Leuschen, RAC Coordinator, Custer and Gallatin National Forests, RestrictToCategory=Amador+County Brass Sheet and Strip From Italy: (406) 255–1411 or Mary Erickson, Forest within 21 days of the meeting. Rescission of Antidumping Duty Supervisor and Designated Federal Meeting Accommodations: If you Administrative Review require sign language interpreting, Official, Custer and Gallatin National assistive listening devices or other Forests, (406) 587–6949. Individuals AGENCY: Import Administration, reasonable accommodation please who use telecommunication devices for International Trade Administration, request this in advance of the meeting the deaf (TDD) may call the Federal Department of Commerce. by contacting the person listed in the Information Relay Service (FIRS) at 1– DATES: Effective Date: August 17, 2012. section titled FOR FURTHER INFORMATION 800–877–8339 between 8:00 a.m. and FOR FURTHER INFORMATION CONTACT: CONTACT. All reasonable 8:00 p.m., Eastern Standard Time, Mahnaz Khan or Yasmin Nair, AD/CVD accommodation requests are managed Monday through Friday. Operations, Office 1, Import on a case by case basis. SUPPLEMENTARY INFORMATION: The Administration, International Trade Dated: August 13, 2012. following business will be conducted: Administration, U.S. Department of Commerce, 14th Street and Constitution Kathryn D. Hardy, Overview of current project status and Avenue NW., Washington, DC 20230; Forest Supervisor, Eldorado National Forest. discussion and decisions on future telephone: (202) 482–0914 or (202) 482– project recommendations. Anyone who [FR Doc. 2012–20212 Filed 8–16–12; 8:45 am] 3183, respectively. BILLING CODE 3410–11–P would like to bring related matters to the attention of the committee may file SUPPLEMENTARY INFORMATION: written statements with the committee Background DEPARTMENT OF AGRICULTURE staff before or after the meeting. The On March 1, 2012, the Department of agenda will include time for people to Forest Service Commerce (‘‘Department’’) published in make oral statements of three minutes or the Federal Register the notice of Southern Montana Resource Advisory less. Individuals wishing to make an opportunity to request an administrative Committee oral statement should request in writing review of the antidumping duty order by September 1, 2012 to be scheduled on brass sheet and strip from Italy for AGENCY: Forest Service, USDA. on the agenda. Written comments and the period of review, March 1, 2011, ACTION: Notice of meeting. requests for time for oral comments through February 29, 2012. See must be sent to Mariah Leuschen, 1310 Antidumping or Countervailing Duty SUMMARY: The Southern Montana Main Street, Billings, Montana 59105, or Order, Finding, or Suspended Resource Advisory Committee will meet by email to [email protected], or Investigation; Opportunity to Request in Columbus, Montana. The committee via facsimile to 406–255–1499. A Administrative Review, 77 FR 12559 is authorized under the Secure Rural summary of the meeting will be posted (March 1, 2012). On April 2, 2012, GBC Schools and Community Self- Metals, LLC, of Global Brass and Determination Act (Pub. L. 112–141) at wwwfs.usda.gov/custer and Copper, Inc., dba Olin Brass, Heyco (the Act) and operates in compliance wwwfrusda.gov/gallatin within 21 days Metals, Inc., Aurubis Bufalo, Inc., PMX with the Federal Advisory Committee of the meeting. Industries, Inc., and Revere Copper Act. The purpose of the committee is to Meeting Accommodations: If you are Products, Inc. (collectively, improve collaborative relationships and a person requiring resonable ‘‘Petitioners’’) timely requested that the to provide advice and recommendations accomodation, please make requests in Department conduct an administrative to the Forest Service concerning projects advance for sign language interpreting, review of KME Italy SpA (‘‘KME Italy’’). and funding consistent with the title II assistive listening devices or other Pursuant to this request and in of the Act. The meeting is open to the reasonable accomodation for access to accordance with 19 CFR public. The purpose of the meeting is to the facility or procedings by contacting 351.221(c)(1)(i), the Department review and recommend projects the person listed under FOR FURTHER published a notice initiating the authorized under title II of the Act. INFORMATION CONTACT. All reasonable administrative review of KME Italy. See DATES: The meeting will be held accommodation requests are managed Initiation of Antidumping and Wednesday, September 5 and Thursday, on a case-by-case basis. Countervailing Duty Administrative September 13, 2012 from 9:30 a.m. to 4 Dated: August 8, 2012. Reviews and Request for Revocation in p.m. Part, 77 FR 25401 (April 30, 2012). On Marna Daley, ADDRESSES: The meeting will be held at July 26, 2012, Petitioners withdrew their the Columbus Fire Hall, 944 East Pike Acting Forest Supervisor. request for an administrative review of Avenue Columbus, MT 59019. Written [FR Doc. 2012–19877 Filed 8–16–12; 8:45 am] KME Italy. comments may be submitted as BILLING CODE 3410–11–M described under Supplementary Rescission of Review Information. All comments, including Pursuant to 19 CFR 351.213(d)(1), the names and addresses when provided, Secretary will rescind an administrative are placed in the record and are review, in whole or in part, if the parties available for public inspection and that requested a review withdraw the copying. request within 90 days of the date of The public may inspect comments publication of the notice of initiation of received at 1310 Main Street, Billings, the requested review. As noted above, Montana. Please call ahead to 406–255– Petitioners withdrew their request for

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review of KME Italy within 90 days of DEPARTMENT OF COMMERCE Dated: August 13, 2012. the date of publication of the notice of Ellen Bohon, initiation. Moreover, no other interested International Trade Administration United States Secretary, NAFTA Secretariat. party requested an administrative [FR Doc. 2012–20225 Filed 8–16–12; 8:45 am] North American Free Trade Agreement review of KME Italy. Therefore, in BILLING CODE 3510–GT–P accordance with 19 CFR 351.213(d)(1), (NAFTA), Article 1904 Binational Panel we are rescinding this review in its Reviews: Notice of Termination of entirety. Panel Review DEPARTMENT OF COMMERCE

Assessment AGENCY: NAFTA Secretariat, United National Oceanic and Atmospheric States Section, International Trade Administration The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) Administration, Department of Commerce. North Pacific Fishery Management to assess antidumping duties on all Council; Public Meeting entries of brass sheet and strip from ACTION: On August 9, 2012, a Motion to Italy. Antidumping duties shall be Terminate Panel Review of the final AGENCY: National Marine Fisheries assessed at rates equal to the cash results of the U.S. Department of Service (NMFS), National Oceanic and deposit of estimated antidumping duties Commerce’s 2009–2010 Antidumping Atmospheric Administration (NOAA), required at the time of entry, or Administrative Review of Light-Walled Commerce. withdrawal from warehouse, for Rectangular Pipe and Tube from Mexico ACTION: Notice of a public committee consumption, in accordance with 19 (Secretariat File No. USA–MEX–2012– meeting. CFR 351.212(c)(1)(i). The Department 1904–01). intends to issue appropriate assessment SUMMARY: The North Pacific Fishery instructions to CBP 15 days after the Management Council’s (Council) Steller SUMMARY: Pursuant to the Notice of date of publication of this notice of Sea Lion Mitigation Committee Motion requesting termination of the rescission of administrative review. (SSLMC) will meet in September, in panel review by a participant and Juneau, AK. Notification to Importers consented to by all the participants, the panel review is terminated as of August DATES: The meeting will be held This notice also serves as a final 9, 2012. A panel has not been appointed September 5–7, 2012, from 8:30 a.m. through 5 p.m. AST. reminder to importers of their to this panel review. Pursuant to Rule responsibility under 19 CFR 351.402(f) 71(2) of the Rules of Procedure for ADDRESSES: The meeting will be held in to file a certificate regarding the Article 1904 Binational Panel Review, the 4th floor conference room at the reimbursement of antidumping duties this panel review is terminated. Federal Building at 700 West 9th Street, prior to liquidation of the relevant Juneau, AK. entries during this review period. FOR FURTHER INFORMATION CONTACT: Council Address: North Pacific Failure to comply with this requirement Ellen Bohon, United States Secretary, Fishery Management Council, 605 W. could result in the presumption that NAFTA Secretariat, Suite 2061, 14th 4th Ave., Suite 306, Anchorage, AK reimbursement of antidumping duties and Constitution Avenue, Washington, 99501–2252. occurred and the subsequent increase in DC 20230, (202) 482–5438. FOR FURTHER INFORMATION CONTACT: antidumping duties by the amount of Steve MacLean, North Pacific Fishery antidumping duties reimbursed. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free Trade Management Council; telephone: (907) Notification Regarding Administrative Agreement (‘‘Agreement’’) established a 271–2809. Protective Order mechanism to replace domestic judicial SUPPLEMENTARY INFORMATION: Foreign review of final determinations in nationals wishing to attend this meeting This notice serves as a final reminder antidumping and countervailing duty in person should contact the Council as to parties subject to administrative cases involving imports from a NAFTA soon as possible to expedite security protective order (‘‘APO’’) of their country with review by independent clearance at the Federal Building in responsibility concerning the binational panels. When a Request for Juneau. This public meeting will occur disposition of proprietary information during the scoping period for the Steller disclosed under an APO in accordance Panel Review is filed, a panel is established to act in place of national Sea Lion Protection Measures EIS (77 with 19 CFR 351.305(a)(3). Timely FR 22750, April 17, 2012). Information written notification of the return/ courts to review expeditiously the final determination to determine whether it on EIS development, potential destruction of APO materials or alternatives, and issues for analysis may conversion to judicial protective order is conforms with the antidumping or countervailing duty law of the country be discussed. The public is encouraged hereby requested. Failure to comply to attend in this meeting, however, that made the determination. with the regulations and terms of an comments specific to the EIS should be APO is a sanctionable violation. Under Article 1904 of the Agreement, submitted in writing to NMFS before the This notice is issued and published in which came into force on January 1, close of the scoping period on October accordance with sections 751(a)(1) and 1994, the Government of the United 15, 2012. More information on the EIS 777(i)(1) of the Tariff Act of 1930, as States, the Government of Canada, and scoping process and instructions for amended, and 19 CFR 351.213(d)(4). the Government of Mexico established submitting written public comments are Rules of Procedure for Article 1904 available on the NMFS Alaska Region Dated: August 9, 2012. Binational Panel Reviews (‘‘Rules’’). Web site at http://alaskafisheries. Christian Marsh, These Rules were published in the noaa.gov/sustainablefisheries/sslpm/ Deputy Assistant Secretary for Antidumping Federal Register on February 23, 1994 eis/default.htm. Additional information and Countervailing Duty Operations. (59 FR 8686). The panel review in this is posted on the Council Web site: [FR Doc. 2012–20201 Filed 8–16–12; 8:45 am] matter was requested and terminated http://www.alaskafisheries.noaa.gov/ BILLING CODE 3510–DS–P pursuant to these Rules. npfmc/.

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The meeting will be webcast to allow Suite 201, Dover, DE 19901; telephone: DEPARTMENT OF COMMERCE the public to watch and hear (302) 674–2331. presentations. Comments will not be United States Patent and Trademark FOR FURTHER INFORMATION CONTACT: accepted via webcast or teleconference. Office Christopher M. Moore, Ph.D. Executive Special Accommodations Director, Mid-Atlantic Fishery [Docket No.: PTO–C–2011–0041] These meetings are physically Management Council; telephone: (302) Extension of the Application Deadline accessible to people with disabilities. 526–5255. for Humanitarian Awards Pilot Requests for sign language SUPPLEMENTARY INFORMATION: Program interpretation or other auxiliary aids Amendment 3 addresses four should be directed to Gail Bendixen, AGENCY: United States Patent and management issues related to Trademark Office, Commerce. (907) 271–2809, at least 5 working days management of the spiny dogfish fishery prior to the meeting date. ACTION: Notice. in Atlantic federal waters. Specifically, Dated: August 14, 2012. the Amendment addresses (1) adding an SUMMARY: In February 2012, the United Tracey L. Thompson, option for allocating a small portion of States Patent and Trademark Office Acting Deputy Director, Office of Sustainable the annual commercial quota as (USPTO) announced the Humanitarian Fisheries, National Marine Fisheries Service. research set-aside, (2) reviewing and Awards Pilot Program, which recognizes [FR Doc. 2012–20216 Filed 8–16–12; 8:45 am] updating essential fish habitat (EFH) for patent holders who use their technology BILLING CODE 3510–22–P spiny dogfish, (3) maintaining previous for humanitarian purposes. In response year annual management measures in to stakeholder feedback, the USPTO is case of a delay in the implementation of extending the deadline for applications DEPARTMENT OF COMMERCE new annual measures, and (4) to the Humanitarian Awards Pilot modifying the existing seasonal Program by two months until October National Oceanic and Atmospheric 31, 2012, to allow potential applicants Administration allocation of the annual quota to minimize conflicts with the more time to complete their Mid-Atlantic Fishery Management geographically allocated interstate applications. Council (MAFMC); Public Hearings fishery. DATES: Effective Date: August 17, 2012. FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries Summaries of the proposed actions Office of Policy and External Affairs, by Service (NMFS), National Oceanic and will be available and presented at the telephone at (571) 272–9300; or by mail Atmospheric Administration (NOAA), hearings. A draft Environmental addressed to: Patents for Humanity Commerce. Assessment (EA) that analyzes the Program, Office of Policy and External ACTION: Notice of public hearings. proposed actions is available by contacting the Council office at http:// Affairs, United States Patent and Trademark Office, P.O. Box 1450, SUMMARY: The Mid-Atlantic Fishery www.mafmc.org/fmp/dogfish/ Alexandria, VA 22313–1450; or by Management Council (Council) will dogfish.htm after August 31st. If no one email to [email protected]. hold public hearings to allow for public from the public has arrived half an hour input on Amendment 3 to the Spiny after the hearing start time, the hearing SUPPLEMENTARY INFORMATION: In Dogfish Fishery Management Plan may be closed. Some GPS navigation February, the USPTO initiated a pilot program which recognizes patent (FMP). units may provide faulty directions for holders who use their technology for these locations so call ahead with the DATES: Written comments must be humanitarian purposes, called the received on or before 5 p.m., EST, on number provided if unfamiliar with a Humanitarian Awards Pilot Program September 24, 2012. The public hearing location. All hearings will be (‘‘the Pilot’’, also known as Patents for hearings will be held on September 4, digitally recorded and saved as Humanity). See Humanitarian Awards 5, and 6, 2012, starting at 7 p.m. transcripts of the hearing. Pilot Program, 77 FR 6544 (Feb. 8, ADDRESSES: The hearings will be held, Special Accommodations 2012). The original deadline for in chronological order, as follows: applications to the Pilot was August 31, September 4, 2012 at the Magnuson These hearings are physically 2012, with selection and awards to Hotel Norfolk Airport, 5708 accessible to people with disabilities. follow. Northampton Blvd., Virginia Beach, VA Requests for sign language While conducting outreach to our 23455, telephone: (757) 460–2205; interpretation or other auxiliary aid user community we have received much September 5, 2012 at The Holiday Inn, should be directed to M. Jan Saunders, feedback on the Pilot, including a 151 Route 72 East, Manahawkin, NJ (302) 526–5251, at least 5 days prior to number of requests to extend the 08050, telephone: (609) 481–6100; and the hearing date. deadline for filing applications past September 6, 2012 at the Hilton Garden August 31. Among the reasons given, Inn Providence Airport/Warwick, One Dated: August 14, 2012. applicants have said that they are Thuber Street, Warwick, RI 02886, Tracey L. Thompson, engaged in qualifying work which will telephone: (401) 734–9600. Written Acting Deputy Director, Office of Sustainable not be complete before the deadline; or comments should be mailed to the Fisheries, National Marine Fisheries Service. they do not have enough time to Council office at the address below and [FR Doc. 2012–20215 Filed 8–16–12; 8:45 am] complete an application before the marked ‘‘AMENDMENT 3.’’ The public BILLING CODE 3510–22–P deadline. hearing document can be obtained by In response to these requests, the contacting the Council at the address USPTO is extending the application below or at http://www.mafmc.org/fmp/ deadline for the Humanitarian Awards dogfish/dogfish.htm. Pilot Program until October 31, 2012. Council address: Mid-Atlantic Fishery After the application deadline, Management Council, 800 N. State St., selections will be made as described in

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the February notice, with the goal of 1. The action will not result in any Urban Development, Chicago Regional completing the recommendation process additional reporting, recordkeeping or Office, RCO, Chicago, IL within 90 days. Awards will be made other compliance requirements for small Service Type/Locations: Warehouse & Supply thereafter. The other terms of the entities other than the small Support Services, Naval Amphibious program remain unchanged. organizations that will furnish the Base Little Creek, Building 1558, 2425 Dated: August 13, 2012. products and services to the Stalwart Drive, Norfolk, VA Norfolk Naval Base, 1837 Morris Street, David J. Kappos, Government. 2. The action will result in Building Z133, Aircraft Tow Way, Under Secretary of Commerce for Intellectual authorizing small entities to furnish the Building V53, Norfolk, VA Property and Director of the United States Patent and Trademark Office. products and services to the St. Juliens Creek Annex, Building 174 ‘‘E’’ Government. Street, Buildings 59 & 79 Magazine Road, [FR Doc. 2012–20242 Filed 8–16–12; 8:45 am] 3. There are no known regulatory Portsmouth, VA BILLING CODE 3510–16–P alternatives which would accomplish Washington Navy Yard, 1325 10th Street the objectives of the Javits-Wagner- SE, Washington, DC O’Day Act (41 U.S.C. 8501–8506) in NPA: Goodwill Services, Inc., Richmond, VA COMMITTEE FOR PURCHASE FROM connection with the products and Contracting Activity: Dept of the Navy, PEOPLE WHO ARE BLIND OR services proposed for addition to the SPAWAR Systems Center Atlantic, North SEVERELY DISABLED Procurement List. Charleston, SC Service Type/Location: Grounds Procurement List; Additions End of Certification Maintenance, Corpus Christi Resident AGENCY: Committee for Purchase From Accordingly, the following products Office, U.S. Army Corps of Engineers People Who Are Blind or Severely and services are added to the (USACE), Southern Area Office (SAO), Disabled. Procurement List: 1920 N. Chaparral St., Corpus Christi, TX NPA: Training, Rehabilitation, & ACTION: Additions to the Procurement Products Development Institute, Inc., San List. NSN: 7510–01–156–7936—Presentation Antonio, TX Folder, Dark Blue with Debossed Gold SUMMARY: This action adds products and Contracting Activity: Dept of the Army, W076 Seal, Soft Cover ENDIST Galveston, Galveston, TX services to the Procurement List that NSN: 7510–01–GG0–1102—Award Folder, will be furnished by nonprofit agencies Public Service with White Debossed Service Type/Location: Firewatch/Tank employing persons who are blind or Gold Seal, Hard Cover Void/Lead Handler Support Services, have other severe disabilities. NSN: 7510–01–094–1485—Award Folder, Puget Sound Naval Ship Yards at DATES: Effective 9/17/2012. Commandant Medal, Dark Blue with Bremerton, Bangor and Keyport, 1400 Debossed Gold Seal, Padded Cover Farragut Avenue, Bremerton, WA ADDRESSES: Committee for Purchase NSN: 7510–01–097–6004—Award Folder, NPA: Skookum Educational Programs, From People Who Are Blind or Severely Commandant Letter, Dark Blue with Bremerton, WA Disabled, Jefferson Plaza 2, Suite 10800, Debossed Gold Seal, Hard Cover Contracting Activity: Dept of the Navy, 1421 Jefferson Davis Highway, NPA: Dallas Lighthouse for the Blind, Inc., NAVSUP FLT LOG CTR puget sound, Dallas, TX Arlington, Virginia 22202–3259. Bremerton, WA FOR FURTHER INFORMATION CONTACT: Contracting Activity: Department of Service Type/Location: Document Barry S. Lineback, Telephone: (703) Homeland Security, U.S. Coast Guard, SFLC Procurement Branch 3, Baltimore, Management Services, Department of 603–7740, Fax: (703) 603–0655, or email MD Homeland Security, Customs and Border [email protected]. Coverage: C-List for 100% of the requirement Protection, Passenger Systems Program SUPPLEMENTARY INFORMATION: of the U.S. Coast Guard, as aggregated by Office, (Offsite: 3043 Sanitarium Road, the U.S. Coast Guard, Baltimore, MD. Additions Akron, OH) 1331 Pennsylvania Avenue Services NW, Washington, DC On 6/15/2012 (77 FR 35942–35944) NPA: Coleman Professional Services, Kent, Service Type/Location: Custodial Service, and 6/22/2012 (77 FR 37659–37660), the OH Committee for Purchase From People U.S. Military Academy (USMA), Warrior Transition Unit, Building #624, West Contracting Activity: Dept of Homeland Who Are Blind or Severely Disabled Point, NY Security, U.S. Customs and Border published notices of proposed additions NPA: Occupations, Inc., Middletown, NY Protection, Information Technology to the Procurement List. Contracting Activity: Dept of the Army, Contracting Division, Washington, DC After consideration of the material W6QM MICC–West Point, West Point, Service Type/Location: Courier Service, presented to it concerning capability of NY Department of Homeland Security qualified nonprofit agencies to provide Service Type/Location: Grounds (DHS), U.S. Immigration and Customs the products and services and impact of Maintenance, U.S. Department of Enforcement (USICE), Office of the the additions on the current or most Agriculture (USDA), Animal and Plant Principal Legal Advisor, New York recent contractors, the Committee has Health Inspection Service (APHIS), Plant Office of Chief Counsel, 290 Broadway determined that the products and Protection and Quarantine (PPQ), 6302 Street, New York, NY services listed below are suitable for NW 36th Street, Miami, FL NPA: Fedcap Rehabilitation Services, Inc., procurement by the Federal Government NPA: Goodwill Industries of South Florida, New York, NY under 41 U.S.C. 8501–8506 and 41 CFR Inc., Miami, FL Contracting Activity: Dept of Homeland Contracting Activity: Dept of Agriculture, Security, U.S. Immigration and Customs 51–2.4. Animal and Plant Health Inspection Service, Minneapolis, MN Enforcement, Mission Support Orlando, Regulatory Flexibility Act Certification Orlando, FL Service Type/Location: Administrative I certify that the following action will Services, Housing and Urban Barry S. Lineback, not have a significant impact on a Development (HUD)—Atlanta Field Director, Business Operations. substantial number of small entities. Office, 40 Marietta Street, Atlanta, GA The major factors considered for this NPA: Nobis Enterprises, Inc., Marietta, GA [FR Doc. 2012–20252 Filed 8–16–12; 8:45 am] certification were: Contracting Activity: Dept of Housing and BILLING CODE 6353–01–P

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COMMITTEE FOR PURCHASE FROM on which they are providing additional implemented by the Council on PEOPLE WHO ARE BLIND OR information. Environmental Quality (40 Code of Federal Regulations (CFR) parts 1500– SEVERELY DISABLED End of Certification 1508), and in accordance with the Procurement List; Proposed Additions The following services are proposed requirements of the California Military for addition to the Procurement List for Lands Withdrawal and Overflights Act AGENCY: Committee for Purchase From production by the nonprofit agencies of 1994 (Pub. L. 103–433, part of the People Who Are Blind or Severely listed: California Desert Protection Act), the Disabled. Services Department of the Navy (DoN), in ACTION: Proposed Additions to the cooperation with the Bureau of Land Procurement List. Service Type/Location: Custodial Service, Management (BLM), has prepared and Customs and Border Protection, Port SUMMARY: The Committee is proposing Angeles Station, 110 South Penn St., Port filed with the U.S. Environmental to add services to the Procurement List Angeles, WA Protection Agency a Draft that will be provided by nonprofit NPA: Morningside, Olympia, WA Environmental Impact Statement (EIS)/ agencies employing persons who are Contracting Activity: Dept. of Homeland Legislative Environmental Impact blind or have other severe disabilities. Security, U.S. Customs and Border Statement (LEIS). Separately, and in Protection, Procurement Directorate, accordance with the Engle Act of 1958 DATES: Comments must be received on Washington, DC (Pub. L. 85–337) and 43 CFR part 2310, or before: 9/17/2012. Service Type/Location: Custodial and the DoN submitted a land withdrawal ADDRESSES: Committee for Purchase Grounds Maintenance Services, Austin renewal application to BLM. From People Who Are Blind or Severely Courthouse, 501 West 5th Street, Austin, The Draft EIS/LEIS evaluates the Disabled, Jefferson Plaza 2, Suite 10800, TX potential environmental effects 1421 Jefferson Davis Highway, NPA: Crossroads Diversified Service, Inc., associated with the proposed Arlington, Virginia 22202–3259. Sacramento, CA Congressional reauthorization of the For Further Information or to Submit Contracting Activity: General Services Administration, Public Buildings current land withdrawal of Comments Contact: Barry S. Lineback, approximately 1.03 million acres of Telephone: (703) 603–7740, Fax: (703) Service, Building Services Team, Fort Worth, TX public land in Kern, Inyo, and San 603–0655, or email Bernardino counties, California. The [email protected]. Service Type/Locations: Custodial and Grounds Maintenance Services, Border proposed 25-year withdrawal would SUPPLEMENTARY INFORMATION: This Patrol Sector HDQ, 3819 Patterson Road, comprise the current North and South notice is published pursuant to 41 New Orleans, LA ranges at Naval Air Weapons Station U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its Federal Supply Service (FSS) Depot, 400 China Lake (NAWSCL), California. The purpose is to provide interested persons Edwards Avenue, Harahan, LA Draft EIS/LEIS also addresses an an opportunity to submit comments on NPA: Louisiana Industries for the Disabled, increase of up to 25 percent in the Inc., Baton Rouge, LA the proposed actions. tempo of military activity within current Contracting Activity: General Services land use areas approved for designated Additions Administration, Public Buildings Service, Building Services Team, Fort uses, and the implementation of an If the Committee approves the Worth, TX update of the installation’s proposed additions, the entities of the Service Type/Location: Base Operations Comprehensive Land Use Management Federal Government identified in this Support Services, Department of Public Plan (CLUMP). The proposed action notice will be required to procure the Works (DPW), 453 Novosel Street, Fort would enable the DoN to meet its services listed below from nonprofit Rucker, AL mission to support state-of-the-art air agencies employing persons who are NPA: PRIDE Industries, Roseville, CA warfare weapons systems testing and blind or have other severe disabilities. Contracting Activity: Dept. of the Army, evaluation, and the readiness of the W6QM MICC-Ft. Rucker, Fort Rucker, military services, using existing Regulatory Flexibility Act Certification AL facilities and infrastructure, and on safe, I certify that the following action will Barry S. Lineback, operationally realistic, and not have a significant impact on a Director, Business Operations. instrumented land ranges. substantial number of small entities. With the filing of the Draft EIS/LEIS The major factors considered for this [FR Doc. 2012–20253 Filed 8–16–12; 8:45 am] and submission of the application to certification were: BILLING CODE 6353–01–P renew the public land withdrawal, the 1. If approved, the action will not DoN and BLM are initiating a 90-day result in any additional reporting, public comment period and have recordkeeping or other compliance DEPARTMENT OF DEFENSE scheduled three public open house requirements for small entities other meetings to receive oral and written Department of the Navy than the small organizations that will comments on the Draft EIS/LEIS and the provide the services to the Government. Notice of Public Meetings for the Draft proposed renewal of the public land 2. If approved, the action will result Environmental Impact Statement/ withdrawal. This notice announces the in authorizing small entities to provide Legislative Environmental Impact dates and locations of the public the services to the Government. Statement for Renewal of Naval Air meetings and provides supplementary 3. There are no known regulatory Weapons Station China Lake Public information. alternatives which would accomplish Dates and Addresses: The 90-day Land Withdrawal, California the objectives of the Javits-Wagner- public comment period for the Draft O’Day Act (41 U.S.C. 8501–8506) in AGENCY: Department of the Navy, DoD. EIS/LEIS began on August 10, 2012 and connection with the services proposed ACTION: Notice. will end on November 8, 2012. The DoN for addition to the Procurement List. and BLM will hold three public Comments on this certification are SUMMARY: Pursuant to Section 102(2)(c) meetings, using an open house format, invited. Commenters should identify the of the National Environmental Policy to inform the public about the Draft EIS/ statement(s) underlying the certification Act of 1969 and regulations LEIS and the public land withdrawal

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renewal process. Representatives from Register (76 FR 34066) and on June 13, 25 percent, expand unmanned aerial the DoN and BLM will be available to 2011 submitted a land withdrawal and surface systems, and expand discuss and answer questions on the application to BLM. This notice existing and introduce evolving directed proposed action and alternatives, the announces the availability of the Draft energy weapons development. land withdrawal renewal, the EIS/LEIS for public review and the dates Alternative 2 (Withdrawal and environmental planning process, and and locations of public meetings to Baseline Tempo) provides for the the findings presented in the Draft EIS/ receive comments on the Draft EIS/LEIS. Congressional renewal of the land LEIS. Public open house meetings will The purpose of the proposed action is withdrawal (25 year renewal) and be held at each location between 6:00 to support the renewal of the 1994 continuation of military activities at p.m. and 8:00 p.m. on the following withdrawal at NAWSCL by an Act of current levels. Nonmilitary activities dates: Congress in order to continue to support would continue according to current 1. Tuesday, October 2, 2012, DoN and Department of Defense (DoD) patterns of use. The existing CLUMP SpringHill Suites, 113 East Sydnor DoD use of 1.03 million acres of fully would be revised, as appropriate, and Avenue, Ridgecrest, California 93555. instrumented land ranges for Research, implemented to manage land use and 2. Wednesday, October 3, 2012, Trona Development, Acquisition, Test, and environmental resources at NAWSCL. Community Senior Center, 13187 Evaluation (RDAT&E) and military Under the No Action Alternative Market Street, Trona, California 93562. readiness training activities. NAWSCL (Alternative 3), the renewal of the 3. Thursday, October 4, 2012, Statham is the DoN’s full-spectrum RDAT&E withdrawal of public lands at NAWSCL Hall, 138 North Jackson Street, Lone center for weapons systems associated would not occur; administrative control Pine, California 93545. with air warfare, aircraft weapons of the withdrawn land would remain Federal, state and local agencies and integration, missiles and missile with the DoN until environmental officials, and interested groups and subsystems, and assigned airborne remediation and health and safety individuals are encouraged to provide electronic warfare systems. RDAT&E concerns were addressed to allow the oral or written comments in person at activities are needed to develop new return of the land to BLM. The any of the public meetings. A weapons systems and ensure that these expiration of the public land stenographer will be present to systems perform to their designed withdrawal would terminate the DoN’s transcribe oral comments. Comments specifications. The NAWSCL land authority to use approximately 92 also may be submitted in writing ranges provide the safe, operationally percent of the NAWSCL-managed lands. anytime during the public comment realistic, and instrumented environment Although the DoN would continue to be period to: Naval Facilities Engineering needed to fulfill DoN and DoD RDAT&E responsible for the remaining fee- Command Southwest, ATTN: NAWSCL requirements. Tenant commands owned/leased land and managed Land Withdrawal Renewal EIS/LEIS supported are the Naval Air Warfare airspace, these land resources would not Project Manager (Mr. Gene Beale), 1220 Center Weapons Division and other DoD be sufficient to accommodate the hazard Pacific Highway, San Diego, California RDAT&E and training activities. patterns, targets, maneuvering areas, 92132–5190. In addition, comments The proposed action will also support special equipment, explosive areas, and may be submitted any time during the the revision, update, and other features associated with RDAT&E public comment period via the project implementation of NAWSCL’s CLUMP, and training events. As a result, there Web site: http://www.chinalakeleis.com. which meets the land, cultural, natural, would be a probable dramatic reduction All statements, whether oral, oral and environmental resources in, or potentially the eventual cessation transcription, written, or submitted via management requirements of the of, RDAT&E activities at NAWSCL. The Draft EIS/LEIS provides an the web site during the public review California Desert Protection Act and the analysis of the potential environmental period will become part of the public Sikes Act (16 U.S. Code 670a–670o, as effects of the proposed action on the record on the Draft EIS/LEIS and be amended in 1997). The updated CLUMP following resources: Land use, noise, air considered in preparing the Final EIS/ will ensure no loss in the capability of quality, biological resources, cultural LEIS if postmarked or received by the installation to support its military resources, geology and soils, water November 8, 2012. mission and facilitate environmentally sound resource management decisions resources, socioeconomics (including FOR FURTHER INFORMATION CONTACT: when responding to planned increases environmental justice), utilities and Naval Facilities Engineering Command, in emerging military readiness needs. It public services, public health and Southwest, ATTN: NAWSCL Land would also support the warfighter by safety, hazardous materials and waste, Withdrawal Renewal EIS/LEIS Project ensuring the land use management and traffic and circulation. Manager (Mr. Gene Beale), 1220 Pacific supports current and evolving Specific findings within the Draft EIS/ Highway, San Diego, California 92132– technology, allowing for solutions to LEIS indicate that ongoing aircraft flight 5190. theater-relevant problems and to events at Armitage Field would exceed SUPPLEMENTARY INFORMATION: The maintain readiness. noise compatibility thresholds at certain California Military Lands Withdrawal The Draft EIS/LEIS evaluates the off-installation noise sensitive receptors. and Overflights Act of 1994, withdrew potential environmental impacts of two However, the continued implementation and reserved approximately 1.03 action alternatives and the No Action of the land use management million acres of public lands comprising Alternative. Alternative 1 (Withdrawal recommendations identified in the 2011 the NAWSCL for defense-related and Increased Tempo) is the DoN’s Air Installation Compatibility Use Zones purposes for a period of 20 years (until preferred alternative and provides Update would minimize noise impacts October 14, 2014). The Secretary of the NAWSCL the greatest flexibility to to surrounding areas. DoN is seeking to extend the withdrawal accommodate current and evolving DoN Potential brush fires associated with of these public lands and is required to and DoD military readiness activities. the proposed testing and training publish a draft EIS addressing the Alternative 1 includes: (1) activities may result in significant effects of continued withdrawal by Congressional renewal of the land impacts to biological resources. October 31, 2012. On June 10, 2011, the withdrawal for a period of 25 years; (2) Implementation of mitigation and DoN published a Notice of Intent to revise and implement the CLUMP; and conservation measures as described in prepare this EIS/LEIS in the Federal (3) increase mission activities by up to the NAWSCL Integrated Natural

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Resources Management Plan would DEPARTMENT OF EDUCATION 12, 2012, from approximately 8:00 a.m. reduce these potential impacts. On to approximately 5:30 p.m. at a location March 9, 2012, the DoN initiated National Advisory Committee on to be determined in the Washington, DC consultation with the U.S. Fish and Institutional Quality and Integrity area. The exact location will be Wildlife Service in accordance with (NACIQI) published in the Federal Register and Section 7 of the Endangered Species Act AGENCY: National Advisory Committee on the Department’s Web site at http: for the potential impacts to Federally- on Institutional Quality and Integrity, //www2.ed.gov/about/bdscomm/list/ listed species present at NAWSCL Office of Postsecondary Education, U.S. naciqi.html#meetings by November 2, (specifically, desert tortoise, Mojave tui Department of Education. 2012. chub, southwestern willow flycatcher, ACTION: Announcement of an open Meeting Agenda: The meeting will least Bell’s vireo, and Inyo California meeting of the National Advisory include a review of accrediting and towhee). Committee on Institutional Quality and State agencies seeking a renewal of Impacts to cultural resources from the Integrity (NACIQI) and information recognition and a policy discussion proposed action would not be pertaining to members of the public session on NACIQI’s potential for significant and would be further submitting third-party written and oral addressing HEA-related accreditation reduced by implementation of the comments. issues and recommendations currently standard operating procedures for the being discussed within the higher treatment of cultural resources ADDRESSES: U.S. Department of education community. Below is a list of described in the Integrated Cultural Education, Office of Postsecondary agencies, including their current and Resources Management Plan. In Education, 1990 K Street NW., Room requested scopes of recognition, accordance with Section 106 of the 8072, Washington, DC 20006. scheduled for review during the National Historic Preservation Act, the NACIQI’S Statutory Authority and December 11–12, 2012, meeting: DoN initiated consultation with the Function: The NACIQI is established Petitions for Continued Recognition State Historic Preservation Officer for on under Section 114 of the HEA of 1965, March 9, 2012. Native American access as amended, 20 U.S.C. 1011c. The Accrediting Agencies to the Coso Hot Springs and Prayer Site NACIQI advises the Secretary of would continue to be conducted in Education about: 1. Academy of Nutrition and accordance with the existing • The establishment and enforcement Dietetics, Accreditation Council for Memorandum of Agreement between of the criteria for recognition of Education in Nutrition and Dietetics NAWSCL and Native American tribes. accrediting agencies or associations (ACEND) (Current and Requested Scope: The Draft EIS/LEIS was distributed to under Subpart 2, Part H, Title IV, of the The accreditation and pre-accreditation, Federal, state, and local agencies, HEA, as amended. within the United States, of Didactic • elected officials, and other interested The recognition of specific and Coordinated Programs in Dietetics individuals and organizations. Copies of accrediting agencies or associations or a at both the undergraduate and graduate specific State approval agency. level, post-baccalaureate Dietetic the Draft EIS/LEIS are available for • public review at the following libraries: The preparation and publication of Internships, and Dietetic Technician the list of nationally recognized Programs at the associate degree level, 1. Ridgecrest Public Library, 131 East accrediting agencies and associations. and for its accreditation of such Las Flores Avenue, Ridgecrest, • The eligibility and certification programs offered via distance California 93555. process for institutions of higher education.) 2. Trona Branch Library, 82805 Mount education under Title IV, of the HEA, View, Trona, California 93562. 2. American Physical Therapy together with recommendations for Association, Commission on 3. Lone Pine Branch Library, 127 improvement in such process. Accreditation in Physical Therapy Bush Street, Lone Pine, California • The relationship between (1) Education (CAPTE) (Current and 93545. accreditation of institutions of higher Requested Scope: The accreditation and 4. Barstow Branch Library, 304 East education and the certification and preaccreditation (‘‘Candidate for Buena Vista Street, Barstow, California eligibility of such institutions, and (2) Accreditation’’) in the United States of 92311. State licensing responsibilities with physical therapist education programs 5. Mojave Public Library, 16916–1/2 respect to such institutions. • leading to the first professional degree at State Highway 14, Space D2, Mojave, Any other advisory function the master’s or doctoral level and relating to accreditation and California 93501. physical therapist assistant education institutional eligibility that the 6. Lancaster Public Library, 601 West programs at the associate degree level Secretary may prescribe. Lancaster Boulevard, Lancaster, and for its accreditation of such SUMMARY: This notice sets forth the California 93534. programs offered via distance The Draft EIS/LEIS is also available agenda for the December 11–12, 2012, meeting of the National Advisory education.) for electronic viewing or download at 3. American Veterinary Medical the project Web site at http:// Committee on Institutional Quality and Integrity (NACIQI); and provides Association, Council on Education www.chinalakeleis.com. A paper copy (AVMA–COE) (Current and Requested of the Executive Summary or a single information to members of the public on submitting written comments and on Scope: The accreditation and compact disc of the Draft EIS/LEIS will preaccreditation (‘‘Reasonable be made available upon written request. requesting to make oral comments at the meeting. The notice of this meeting is Assurance’’) in the United States of Dated: August 14, 2012. required under Section 10(a)(2) of the programs leading to professional C.K. Chiappetta, Federal Advisory Committee Act degrees (D.V.M. or D.M.D.) in veterinary Lieutenant Commander, Office of the Judge (FACA) and Section 114(d)(1)(B) of the medicine.) Advocate General, U.S. Navy, Federal Higher Education Act (HEA) of 1965, as 4. Liaison Committee on Medical Register Liaison Officer. amended. Education (LCME) (Current and [FR Doc. 2012–20279 Filed 8–16–12; 8:45 am] Meeting Date and Place: The NACIQI Requested Scope: The accreditation of BILLING CODE 3810–FF–P meeting will be held on December 11– medical education programs within the

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United States leading to the M.D. of Occupational Science, Academic and Wyoming, including tribal degree.) Associate degree, or Baccalaureate institutions, and the accreditation of 5. Middle States Commission on degree, including those offered via programs offered via distance education Higher Education (MSCHE) (Current distance education.) within these institutions. This Scope: The accreditation and 2. American Board of Funeral Service recognition extends to the Institutional preaccreditation (‘‘Candidacy Status’’) Education (ABFSE) (Current Scope: The Actions Committee jointly with the of institutions of higher education in accreditation of institutions and Board of Trustees of the Commission for Delaware, the District of Columbia, programs within the United States decisions on cases for continued Maryland, New Jersey, New York, awarding diplomas, associate degrees accreditation or reaffirmation and Pennsylvania, Puerto Rico, and the U.S. and bachelor’s degrees in funeral service continued candidacy. This recognition Virgin Islands, including distance or mortuary science, including the also extends to the Review Committee of education programs offered at those accreditation of distance learning the Accreditation Review Council, institutions.) REQUESTED SCOPE: The courses and programs offered by these jointly with the Board of Trustees of the accreditation and preaccreditation programs and institutions.) Commission, for decisions on cases for (‘‘Candidacy Status’’) of institutions of 3. Commission on Massage Therapy continued accreditation or candidacy higher education in Delaware, the Accreditation (COMTA) (Current Scope: and for initial candidacy or initial District of Columbia, Maryland, New The accreditation of institutions and accreditation when there is a consensus Jersey, New York, Pennsylvania, Puerto programs in the United States that decision by the Review Committee. Rico, and the U.S. Virgin Islands, award postsecondary certificates, Submission of Written Comments: including distance education and postsecondary diplomas, academic Written comments must be received by correspondence education offered at Associate degrees and occupational September 10, 2012, in the those institutions. Associate degrees, in the practice of [email protected] and 6. New York State Board of Regents, massage therapy, bodywork, and include the subject line ‘‘Written and the Commissioner of Education aesthetics/esthetics and skin care, Comments: re (agency name).’’ The (NYBRE) (Current and Requested Scope: including components of programs email must include the name, title, The accreditation of those degree- which are offered through distance affiliation, mailing address, email granting institutions of higher education learning modalities.) address, telephone and facsimile in New York, including distance 4. Distance Education and Training numbers and Web site (if any) of the education offered by those institutions, Council (DETC) (Current Scope: The person/group making the comment. that designate the agency as their sole or accreditation of postsecondary Comments should be submitted as a primary nationally recognized institutions in the United States that Microsoft Word document or in a accrediting agency for purposes of offer degree programs primarily by medium compatible with Microsoft establishing eligibility to participate in distance education up through Word (not a PDF file) that is attached to HEA programs.) professional doctoral degree, and are an electronic mail message (email) or 7. Western Association of Schools and specifically certified by the agency as provided in the body of an email Colleges, Accrediting Commission for accredited for Title IV purposes; and for message. Comments about an agency’s Senior Colleges and Universities the accreditation of postsecondary compliance report must relate to the (WASCSR) (Current and Requested institutions in the United States not issues raised and the criteria for Scope: The accreditation and participating in Title IV that offer recognition cited in the Secretary’s letter preaccreditation (‘‘Candidate for programs primarily by distance that requested the report. Comments Accreditation’’) of senior colleges and education up through professional about the renewal of an agency’s universities in California, Hawaii, the doctoral degrees.) recognition must relate to its United States territories of Guam and 5. Midwifery Education Accreditation compliance with the Criteria for the American Samoa, the Republic of Palau, Council (MEAC) (Current Scope: The Recognition of Accrediting Agencies or the Federated States of Micronesia, the accreditation and pre-accreditation the Criteria and Procedures for Commonwealth of the Northern Mariana throughout the United States of direct- Recognition of State Agencies for Islands and the Republic of the Marshall entry midwifery educational institutions Approval of Nurse Education, as Islands, including distance education and programs conferring degrees and appropriate, which are available at programs offered at those institutions.) certificates, including the accreditation http://www.ed.gov/admins/finaid/ of such programs offered via distance accred/index.html. Third parties having State Agencies Recognized for the education.) concerns about agencies regarding Approval of Nurse Education 6. Montessori Accreditation Council matters outside the scope of the petition 1. Missouri State Board of Nursing for Teacher Education (MACTE) should report those concerns to the (MOSBN) (Current Scope: State agency (Current Scope: The accreditation of Department. Only material submitted by for the approval of nurse education in Montessori teacher education the deadline to the email address listed the State of Missouri.) institutions and programs throughout in this notice, and in accordance with the United States, including those these instructions, become part of the Compliance Reports offered via distance education and official record concerning agencies 1. Accrediting Bureau of Health correspondence education.) scheduled for review and are considered Education Schools (ABHES) (Current 7. Higher Learning Commission (HLC) by the Department and the NACIQI in Scope: The accreditation of private, (Current Scope: The accreditation and their deliberations. Please do not send postsecondary institutions in the United pre-accreditation (‘‘Candidate for material directly to the NACIQI States offering predominantly allied Accreditation’’) of degree-granting members. health education programs and the institutions of higher education in Submission of Requests To Make an programmatic accreditation of medical Arizona, Arkansas, Colorado, Illinois, Oral Comment: There are two methods assistant, medical laboratory technician Indiana, Iowa, Kansas, Michigan, the public may use to make a third-party and surgical technology programs, Minnesota, Missouri, Nebraska, New oral comment of three to five minutes leading to a certificate, diploma, Mexico, North Dakota, Ohio, Oklahoma, concerning one of the agencies Associate of Applied Science, Associate South Dakota, West Virginia, Wisconsin, scheduled for review at the December

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11–12, 2012 meeting. Oral comments scheduled agencies may not distribute DEPARTMENT OF EDUCATION about agencies seeking renewal of written materials at the meeting. National Committee on Foreign recognition must relate to the Criteria Access to Records of the Meeting: The Medical Education and Accreditation for Recognition of Accrediting Agencies Department will post the official report or the Criteria and Procedures for of the meeting on the NACIQI Web site AGENCY: Office of Postsecondary Recognition of State Agencies for shortly after the meeting. Pursuant to Education, U.S. Department of Approval of Nurse Education, as Education, National Committee on appropriate, which are available at: the FACA, the public may also inspect Foreign Medical Education and http://www.ed.gov/admins/finaid/ the materials at 1990 K Street NW., accred/index.html. Washington, DC, by emailing Accreditation. Method One: Submit a request by [email protected] or by calling ACTION: The purpose of this notice is to email to the (202) 219–7067 to schedule an announce the upcoming meeting of the [email protected]. Please appointment. National Committee on Foreign Medical do not send material directly to NACIQI Reasonable Accommodations: The Education and Accreditation members. Requests must be received by meeting site is accessible to individuals (NCFMEA). Parts of this meeting will be open to the public, and the public is September 10, 2012, and include the with disabilities. If you will need an invited to attend those portions. subject line ‘‘Oral Comment Request: re auxiliary aid or service to participate in (agency name).’’ The email must include the meeting (e.g., interpreting service, the name, title, affiliation, mailing Meeting Date and Place: The public assistive listening device, or materials in address, email address, telephone and meeting will be held on Tuesday, an alternate format), notify the contact facsimile numbers and Web site (if any) October 30, 2012, from 8:30 a.m. until of the person/group requesting to speak. person listed in this notice at least two approximately 5:00 p.m., at the U.S. All individuals or groups submitting an weeks before the scheduled meeting Department of Education, Eighth Floor advance request in accordance with this date. Although we will attempt to meet Conference Center, Office of notice will be afforded an opportunity a request received after that date, we Postsecondary Education, 1990 K Street to speak for a minimum of three may not be able to make available the NW., Washington, DC 20006. minutes each. Each request must requested auxiliary aid or service Function: The NCFMEA was concern the recognition of a single because of insufficient time to arrange established by the Secretary of agency tentatively scheduled in this it. Education under Section 102 of the notice for review, be no more than one Higher Education Act of 1965, as page (maximum), and must include: FOR FURTHER INFORMATION CONTACT: amended. The NCFMEA’s 1. The name, title, affiliation, mailing Carol Griffiths, Executive Director, responsibilities are to: • address, email address, telephone and NACIQI, U.S. Department of Education, Upon request of a foreign country, facsimile numbers, and Web site (if any) 1990 K Street NW., Room 8073, evaluate the standards of accreditation of the person/group requesting to speak; Washington, DC 20006–8129, telephone: applied to medical schools in that and, (202) 219–7035, fax: (202) 219–7005, or country; and • 2. A brief summary of the principal email: [email protected]. Determine the comparability of points to be made during the oral those standards to standards for Electronic Access to this Document: presentation. accreditation applied to United States Method Two: Register at the meeting The official version of this document is medical schools. location on December 11 or December the document published in the Federal Comparability of the applicable 12, 2012, to make an oral comment Register. Free Internet access to the accreditation standards is an eligibility during the NACIQI’s deliberations official edition of the Federal Register requirement for foreign medical schools concerning a particular agency and the Code of Federal Regulations is to participate in the William D. Ford scheduled for review that day. The available via the Federal Digital System Federal Direct Student Loan Program, requestor must provide his or her name, at: www.gpo.gov/fdsys. At this site you 20 U.S.C. 1087a et seq. title, affiliation, mailing address, email can view this document, as well as all Meeting Agenda: The NCFMEA will address, telephone and facsimile other documents of this Department review the standards of accreditation numbers, and Web site (if any). A total published in the Federal Register, in applied to medical schools by several of up to fifteen minutes during each text or Adobe Portable Document foreign countries to determine whether agency review will be allotted for Format (PDF). To use PDF, you must those standards are comparable to the commenters who register on December have Adobe Acrobat Reader, which is standards of accreditation applied to 11 or December 12, 2012. Individuals or available free at the site. medical schools in the United States groups will be selected on a first-come, and/or reports previously requested of You may also access documents of the first-served basis. If selected, each countries by the NCFMEA. Discussion Department published in the Federal commenter may speak from three to five of the standards of accreditation will be minutes, depending on the number of Register by using the article search held in sessions open to the public. individuals or groups who signed up the feature at: www.federalregister.gov. Discussions resulting in specific day of the meeting. Specifically, through the advanced determinations of comparability are If a person or group requests, in search feature at this site, you can limit closed to the public in order that each advance, to make comments they cannot your search to documents published by country may be properly notified by the also register for an oral presentation the Department. Department of the Committee’s opportunity on December 11 or David A. Bergeron, decision. December 12, 2012. The oral comments The countries scheduled to be made will become part of the official Acting Assistant Secretary for Postsecondary discussed at the meeting include record and will be considered by the Education. Australia/New Zealand, Dominican Department and NACIQI in their [FR Doc. 2012–20281 Filed 8–16–12; 8:45 am] Republic, Ireland, Israel, Mexico, deliberations. Individuals and groups BILLING CODE P Pakistan, Saba, Slovak Republic, making oral presentations concerning Taiwan, and the United Kingdom. The

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meeting agenda, as well as the staff SUMMARY: DOE announces its decision issuance of a permit for a proposed analyses pertaining to the meeting will to issue a Presidential permit to Energia action is in the public interest, DOE be posted on the Department of Sierra Juarez U.S. Transmission, LLC considers the potential environmental Education’s Web site prior to the (ESJ), to construct, operate, maintain, impacts of the proposed project, the meeting at http://www2.ed.gov/about/ and connect a double-circuit, 230,000- project’s impact on electricity reliability bdscomm/list/ncfmea.html. volt (230-kV) electric transmission line by ascertaining whether the proposed Reasonable Accommodations: The across the U.S.-Mexico border in eastern project would adversely affect the meeting site is accessible to individuals San Diego County, California. The operation of the U.S. electric power with disabilities. If you will need an potential environmental impacts supply system under normal and auxiliary aid or service to participate in associated with the transmission line contingency conditions, and any other the meeting (e.g., interpreting service, are analyzed in the Environmental factors that DOE considers relevant to assistive listening device, or materials in Impact Statement for the Energia Sierra the public interest. an alternate format), notify the contact Juarez U.S. Transmission Line Project On December 18, 2007, ESJ, a person listed in this notice by (DOE/EIS–0414). The transmission line subsidiary of Sempra U.S. Gas and September 28, 2012, although we will would originate at San Diego Gas and Power, applied to DOE for a Presidential attempt to meet a request received after Electric’s planned East County permit to construct, operate, maintain, that date. Substation (ECO Substation), and and connect either a single-circuit, 500- FOR FURTHER INFORMATION CONTACT: extend southward approximately 0.65 miles to the U.S. border with Mexico, kV electric transmission line or a Carol Griffiths, Executive Director for double-circuit 230-kV electric the NCFMEA, U.S. Department of near Jacumba, California, where it would cross the border and connect transmission line across the U.S.- Education, 1990 K Street NW., Room Mexico border. The electric 8073, Washington, DC 20006–8129, with a transmission line to be built in Mexico. transmission line would originate at San telephone: 202 219–7035; fax: 202 502– Diego Gas and Electric’s planned ECO 7874, or email: [email protected]. ADDRESSES: The Final EIS is available Substation in San Diego County where Electronic Access to this Document: on the DOE NEPA Web site at http:// it would interconnect with the Imperial The official version of this document is energy.gov/nepa/nepa-documents and Valley-Miguel segment of the Southwest the document published in the Federal on the project Web site at http:// Powerlink (SWPL) 500-kV transmission Register. Free Internet access to the esjprojecteis.org/, and the ROD will be official edition of the Federal Register available on both Web sites in the near line. The transmission line would and the Code of Federal Regulations is future. Copies of the Final EIS and this extend approximately 0.65 miles available via the Federal Digital System ROD may be requested by contacting southward, crossing the U.S.-Mexico at: www.gpo.gov/fdsys. At this site you Brian Mills, Office of Electricity border near Jacumba, California, then can view this document, as well as all Delivery and Energy Reliability (OE–20), continue approximately 1 mile (1.6 km) other documents of this Department U.S. Department of Energy, 1000 to an interconnection point inside published in the Federal Register, in Independence Avenue SW., Mexico. The total length of the text or Adobe Portable Document Washington, DC 20585, Phone (202) transmission line would be Format (PDF). To use PDF, you must 586–8267, email approximately 1.65 miles (2.65 km), have Adobe Acrobat Reader, which is [email protected]. 0.65 miles of which would be within the available free at the site. U.S. The proposed line would be FOR FURTHER INFORMATION CONTACT: For constructed and owned by ESJ. You may also access documents of the further information on the Energia Department published in the Federal Sierra Juarez U.S. Transmission Line The ESJ transmission line project Register by using the article search EIS, contact Brian Mills as indicated in would connect to the planned 1,250 feature at: www.federalregister.gov. the ADDRESSES section above. For Megawatt (MW) ESJ Wind Project to be Specifically, through the advanced general information on the DOE NEPA located in the general vicinity of La search feature at this site, you can limit process, contact Ms. Carol M. Rumorosa, Northern Baja California, your search to documents published by Borgstrom, Director, Office of NEPA Mexico. Delivery within California of the Department. Policy and Compliance (GC–54), U.S. the output of ESJ wind turbines in Mexico would be scheduled by the David A. Bergeron, Department of Energy, 1000 Independence Avenue SW., California Independent System Operator Acting Assistant Secretary for Postsecondary (CAISO). Education. Washington, DC 20585; by email at [FR Doc. 2012–20282 Filed 8–16–12; 8:45 am] [email protected]; or by facsimile at Consultation BILLING CODE 4000–01–P 202–586–7031. SUPPLEMENTARY INFORMATION: Under Section 7 of the Endangered Species Act, DOE has completed Background consultation with the U.S. Fish and DEPARTMENT OF ENERGY Executive Order (E.O.) 10485 Wildlife Service regarding impacts on [Docket No. PP–334] (September 9, 1953), as amended by Federally-listed threatened or E.O. 12038 (February 7, 1978), requires endangered species in the area of the Record of Decision for Issuing a that a Presidential permit be issued by proposed project. Consultation under Presidential Permit to Energia Sierra DOE before electricity transmission section 106 of the National Historic Juarez U.S. Transmission, LLC, for the facilities may be constructed, operated, Preservation Act was on-going at the Energia Sierra Juarez U.S. maintained, or connected at the U.S. time the Final EIS was issued. Since Transmission Line Project border. DOE may issue or amend a then, DOE has completed consultation AGENCY: Office of Electricity Delivery permit if it determines that the permit with the California State Historic and Energy Reliability, U.S. Department is in the public interest and after Preservation Officer (SHPO) regarding of Energy (DOE). obtaining favorable recommendations potential impacts on historic properties, from the U.S. Departments of State and as confirmed in a June 29, 2012, letter ACTION: Record of Decision (ROD). Defense. In determining whether of concurrence by California SHPO.

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NEPA Review with an overhead static ground wire Visual Resources: All action DOE originally considered an running above the conductors with a alternatives would result in permanent environmental assessment (EA) (Baja fiber optic core for communication potentially moderate-to-major, long- Wind U.S. Transmission Environmental between the ESJ Jacume Substation in term adverse visual impacts due to land Assessment; DOE/EA–1608) to be the Mexico and the planned ECO Substation scarring. Views of construction appropriate level of review under in the U.S. equipment and activity would result in Following issuance of the Draft EIS, NEPA. DOE published a Notice of Intent a temporary moderate adverse impact. the proposed location for the ECO The long-term presence of the to Prepare an Environmental Substation was shifted approximately transmission line would result in a Assessment and to Conduct Public 700 feet (213 meters) east of the original moderate adverse impact. Scoping Meetings in the Federal proposed location in order to avoid Wind turbines planned for Register on August 4, 2008 (73 FR impacts to cultural resources. Due to construction in Mexico as part of the 45218). In that notice DOE stated ‘‘if at these changes, revised alternative routes ESJ Wind Project, including associated any time during preparation of the EA were analyzed in the Final EIS. The safety lighting, would be visible from DOE determines that an environmental revised double-circuit 230-kV several viewing points in the U.S., impact statement (EIS) is needed * * * transmission line route was identified as resulting in a potential long-term impact DOE will consider any comments on the Alternative 4A (DOE’s preferred to individuals in the U.S. scope of the EA received during [the EA alternative), and the revised single- Cultural Resources: Under all action scoping process] in preparing such an circuit 500-kV transmission line route alternatives, the construction activity EIS.’’ After considering public was identified as Alternative 4B. All would result in the potential for minor comments on the EA, in January 2009, action alternatives would be located impacts to currently unknown cultural DOE decided to stop work on the EA wholly within private property in resources. ESJ has incorporated and instead to prepare an EIS. eastern San Diego County near the measures into its project design to DOE published a Notice of Intent to unincorporated community of Jacumba. eliminate potential impacts to eleven prepare an EIS in the Federal Register (11) known prehistoric archaeological on February 25, 2009 (74 FR 8518). The Analysis of Environmental Impacts sites in the Area of Potential Effect County of San Diego was a cooperating The EIS analyzes potential impacts (APE) defined for the proposed agency in the preparation of the EIS. On associated with the alternatives for each transmission line. September 17, 2010, the U.S. of the following resource areas: Since ESJ plans to access water from Environmental Protection Agency (EPA) biological resources, visual resources, the Jacumba Community Services published a Notice of Availability of the land use, recreation, cultural resources, District, a previously identified Draft EIS in the Federal Register (75 FR noise, transportation and traffic, public potential for impact to Site CA–SDI– 57005), which began a 45-day public health and safety, fire and fuels 4455, which is near the previously comment period that ended on management, air quality and climate proposed water well access road, is no November 1, 2010. During the comment change, water resources, geology and longer applicable. period, DOE held three public hearings soils, socioeconomics, environmental Noise: Construction of the on the Draft EIS. DOE considered all late justice, and services and utilities. transmission line would result in comments received on the Draft EIS, Implementation of the No Action temporary minor increases in ambient including late comments received alternative would not result in changes noise levels. These levels would be through September 2011, in the to existing conditions in the various below the county noise ordinance at the preparation of the Final EIS. resource areas. nearest receptor site located DOE revised its action alternatives in i. Potential environmental impacts approximately 1,600 feet west of the the Final EIS to reflect a new location from the action alternatives identified in construction area. Operation of the for the planned ECO Substation. As a the EIS and discussed in this section are transmission line would introduce a result, four action alternatives were based upon ESJ’s implementation of all sporadic low noise as a result of the analyzed in the Final EIS. In May 2012, Applicant Proposed Measures (APMs) corona effect. The 230-kV configurations DOE published the Final EIS (DOE/EIS– and mitigation measures identified for would result in an approximate 0414), and a Notice of Availability of the each resource area in Section 2.11 of the maximum of 8.8 dBA (decibels on an A- Final EIS was published by the EPA in Final EIS. weighted scale) at the property line. the Federal Register on June 8, 2012 (77 Biological Resources: All action This is below the County ordinance for FR 34041). alternatives would result in permanent nighttime property line sound level disturbance to approximately 10 acres of limit of 45 dBA. With regard to the 500- Alternatives Considered natural vegetation and wildlife habitat. kV route alternatives, two of the four In the draft EIS, DOE analyzed a No Minor temporary disturbances to potential conductor configurations fall Action alternative and two action wildlife and breeding birds during below the county nighttime property alternative routes. Under the No Action construction would be expected from line sound level limit, at 35.4 dBA and alternative (Alternative 1), DOE would increased noise and traffic during 36.8 dBA. The preferred alternative not issue a Presidential permit for the construction of the project. Under all would not exceed the limits imposed by proposed ESJ U.S. Transmission Line action alternatives, some bird mortality the County of San Diego’s ordinance. and the line would not be built. Under could result from collisions with the Transportation and Traffic: The action alternative Alternative 2, the transmission line even after mitigating action alternatives would result in a proposed transmission line would be measures are applied. No adverse effects minor temporary increase in traffic on constructed as a double-circuit 230-kV to special status species are expected local roadways, a minor potential for line, while action alternative Alternative from any of the action alternatives. The adverse impacts to traffic safety at the 3 would be constructed as a single- information available indicates that the project’s ingress/egress, and a short-term circuit 500-kV line and would be potential for impact on biological minor potential for roadway damage located to the east of Alternative 2. The resources within the U.S. as a result of from construction activities. ESJ is transmission lines analyzed in the operation of the ESJ Wind Project in working with the County of San Diego action alternatives would be constructed Mexico is not significant. to develop a traffic control plan, road

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improvements, and a site entrance in Geology and Soils: Under all action construct, operate, maintain, and accordance with the County of San alternatives construction of the connect a Double-Circuit 230-kV Diego’s traffic safety design standards. transmission line would result in a transmission line across the U.S. border. The area near the proposed minor temporary increase in soil This action, Alternative 4A, is identified transmission lines is frequented by low- disturbance and erosion during as DOE’s preferred alternative in the flying aircraft operated by the U.S. construction. There is potential for long- EIS. The permit will include a condition Border Patrol and by the California term minor erosion impacts during requiring ESJ to implement mitigation Department of Forestry and Fire operation of the proposed transmission measures identified in the EIS. Protection. The transmission line would line. Onsite soils have a high potential Before granting a Presidential permit, result in a minor potential for adverse to corrode steel, but potential impacts of DOE must determine if a proposed impacts to air traffic safety. corrosion on operation of the international electric transmission line Public Health and Safety: There transmission line would be minor. would have an adverse impact on the would be little potential to expose the During operations there would be a reliability of the U.S. electric power public to hazardous materials or minor potential for structural damage or supply system. In reaching this contaminated soil as a result of failure as a result of seismic ground- determination, DOE considers the construction of the transmission line. shaking. However, the transmission line operation of the electrical grid with a Construction materials would be and overhead structures are designed to specified maximum amount of electric managed to minimize potential storm exceed earthquake loads, resulting in power transmitted over the proposed water contact, and the small amounts of minimal potential for damage. No line. potential hazardous waste would be impacts related to soil liquefaction or DOE reviewed the generation disposed in accordance with local, state, slope instability are anticipated. interconnection studies conducted by and Federal regulations. CAISO for the first phase of the ESJ There are no public trails, recreation The Environmentally Preferred planned wind generation facility areas, or other developments to cause Alternative currently in the CAISO interconnection members of the public to linger near the DOE has determined that there are no queue to connect to the U.S. grid. These transmission lines. All action discernible differences in the studies are available on the project Web alternatives incorporate grounding environmental impacts of the action site. features in accordance with industry alternatives. Because DOE’s preferred CAISO completed the study for the standards for electrical transmission 230-kV alternative would employ first phase of 400 MW of wind structures to reduce the potential impact slightly smaller towers, thereby generation and executed an of induced currents and electrical field minimizing the overall footprint of the interconnection agreement with ESJ interference. The highest proposed project, Alternative 4A is U.S. Transmission (Standard Large electromagnetic field (EMF) exposure at identified as the environmentally Generator Interconnection Agreement the nearest residence would be far preferred alternative. (LGIA)—ESJ Wind (Queue No. 159A), below typical household levels. CAISO, October 26, 2011). The studies Fire and Fuels Management: Comments Received on the Final EIS for the second and third phases of the Construction of the transmission line Comments on the Final EIS were planned ESJ wind generation have not would increase the potential risk received from EPA Region IX on June been completed. associated with wildfire as a result of 27, 2012, and from Stephen C. Volker Mitigation new ignition sources, introduction of attorney for Backcountry Against invasive non-native plants, and the Dumps, the Protect Our Communities Avoidance and minimization of creation of a potential obstacle to Foundation, East County Community potential environmental impacts was a firefighting. The San Diego Rural Fire Action Coalition, and Donna Tisdale consideration in the identification and Protection District has approved ESJ’s (Collectively, ‘‘Community Groups’’) on selection of the preferred alternative. Fire Protection Plan. Also, ESJ has July 10, 2012. Comments received on The alignment of DOE’s preferred worked with the District to agree upon the Final EIS are available on the project alternative avoids some cultural methods to protect against fire. Web site identified above. resources potentially affected by Potential impacts to habitat and The EPA Region IX comments on the Alternatives 2 and 3. DOE’s Presidential vegetation in the U.S. could result from Final EIS acknowledge DOE’s responses permit will contain a condition that a wildfire originating in Mexico and to EPA’s comments on the Draft EIS and requires ESJ to implement project- spreading across the U.S.–Mexico raise no new issues. EPA states its specific mitigation measures and border. appreciation for information added to protective measures proposed by the Air Quality and Climate Change: the Final EIS that supports Applicant (APMs) that are identified in Maximum emissions resulting from any environmentally preferable outcomes. the Final EIS. With the implementation of the action alternatives are estimated The Community Groups’ comments of the preferred alternative and to be well below applicable thresholds. reiterate the Community Groups inclusion of the mitigation measures, Temporary minor impacts from air November 2010 comments on the Draft DOE has employed all practicable emissions during construction and EIS. The comments and DOE responses means to avoid or minimize operation are expected due to minor are identified as 401–1 through 401–17 environmental harm from the design, short-term increases in criteria in the Final EIS Comment and Response construction and operation of the pollutants (organic gases, carbon Document (Volume 3). The Community preferred alternative. monoxide, nitrogen oxides, sulfur Group disagrees with the DOE Basis for Decision oxides and fugitive dust). responses. DOE affirms its previous Because it will transmit electricity responses to comments 401–1 through In arriving at its decision, DOE has generated from a renewable energy 401–17. considered the potential environmental generating source (wind turbines), impacts of the proposed project, the operation of the transmission line could Decision project’s impact on electricity reliability facilitate a reduction in greenhouse gas DOE has decided to issue Presidential by ascertaining whether the proposed emissions from other sources. Permit PP–334 to authorize ESJ to project would adversely affect the

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operation of the U.S. electric power Project, To Disclose the Seastrand 626–574–5278(AFS), supply system under normal and Environmental Effects of a Federal Lynette Elser 951–697–5233(BLM). contingency conditions, and any other Proposal on National Forest System Revision to FR Notice Published 08/ factors that DOE may consider relevant (NFS) Land, Plumas National Forest, 10/2012; Review Period ends 09/10/212. to the public interest. Feather River Ranger District, Plumas, More information on the U.S. Forest DOE has determined that the potential Butte Counties, CA, Review Period Service’s appeal process is available at impacts from the Route for the Double- Ends: 09/17/2012, Contact: Carol http://www.ladwp.com/barrenridge. Circuit 230-kV Transmission Line are Spinos 530–534–6500. Dated: July 14, 2012. expected to be small, as discussed EIS No. 20120265, Draft EIS, FHWA, above. MT, Billings Bypass Improvements, Aimee Hessert, For the reasons stated above, DOE Connecting Interstate 90 (I–90) east of Deputy Director, NEPA Compliance Division, will issue Presidential Permit PP–334 to Billings with Old Highway (Old Hwy Office of Federal Activities. authorize ESJ to construct, operate, 312), Possible USACE Section 10 and [FR Doc. 2012–20248 Filed 8–16–12; 8:45 am] maintain, and connect the Energia 404 Permits, Yellowstone County, BILLING CODE 6560–50–P Sierra Juarez U.S. Double-Circuit 230-kV MT, Comment Period Ends: 10/01/ Transmission Line across the U.S. 2012, Contact: Brian Hasselbach 406– border. Presidential Permit PP–334 will 441–3908. ENVIRONMENTAL PROTECTION limit the project to a maximum of 400 EIS No. 20120266, Draft EIS, USFS, CO, AGENCY MW. Village at Wolf Creek Access Project, Conveyance of Non-Federal Land to [EPA–HQ–OPP–2012–0442; FRL–9356–5] Issued in Washington, DC, on August 13, the U.S. in Exchange for National 2012. Forest System Lands Managed by the FIFRA Pesticide Registration Review Patricia A. Hoffman, Rio Grande National Forest, Mineral and ESA Consultation Processes; Assistant Secretary of Energy Electricity, County, CO, Comment Period Ends: Proposal Regarding Stakeholder Input; Delivery and Energy Reliability. 10/01/2012, Contact: Harold Dyer Request for Comment [FR Doc. 2012–20234 Filed 8–16–12; 8:45 am] 719–852–6215. AGENCY: Environmental Protection BILLING CODE 6450–01–P EIS No. 20120267, Draft EIS, USN, VA, Agency (EPA). Outdoor Research, Development, Test ACTION: Notice of availability. and Evaluation Activities within the ENVIRONMENTAL PROTECTION Potomac River Test Range and SUMMARY: EPA is seeking public AGENCY Explosives Experimental Area comment on a proposal to enhance Complexes, the Mission Area and opportunities for stakeholders to [ER–FRL–9004–5] Special-Use Airspace at Naval provide input during its review of Support Facility Dahlgren, Expansion, Environmental Impacts Statements; pesticide registrations under the Federal Dahlgren, VA, Comment Period Ends: Notice of Availability Insecticide, Fungicide, and Rodenticide 10/01/2012, Contact: Jennifer Boyd Act (FIFRA) and associated Responsible Agency: Office of Federal 540–653–8695. consultations under Section 7 of the Activities, General Information (202) Amended Notices Endangered Species Act (ESA). The 564–7146 or http://www.epa.gov/ proposal was jointly prepared by EPA, compliance/nepa/. EIS No. 20120184, Draft EIS, NOAA, 00, the U.S. Department of Agriculture Issuing Annual Quotas to the Alaska Weekly receipt of Environmental Impact (USDA), the National Marine Fisheries Eskimo Whaling Commission (AEWC) Statements Filed 08/06/2012 Through Service (NMFS) in the U.S. Department for a Subsistence Hunt on Bowhead 08/10/2012 of Commerce and the Fish and Wildlife Whales for the Years 2013 through Pursuant to 40 CFR 1506.9 Service (USFWS) in the U.S. 2017/2018, Comment Period Ends: Department of Interior. The proposal Notice 08/31/2012, Contact: Ellen Sebastian describes significant changes to EPA’s Section 309(a) of the Clean Air Act 907–586–7247. Revision to FR Notice registration review process which are requires that EPA make public its Published 06/15/2012; Extending intended to facilitate ESA pesticide comments on EISs issued by other Comment Period from 08/14/2012 to consultations and coordination across Federal agencies. EPA’s comment letters 08/31/2012. these Federal agencies, and calls for a EIS No. 20120197, Draft EIS, USFS, ID, on EISs are available at: http://www.epa. greater role for USDA. Golden Hand No. 1 and No. 2 Lode gov/compliance/nepa/eisdata.html. Mining Claims Project, Krassel Ranger DATES: Comments must be received on SUPPLEMENTARY INFORMATION: Starting District, Payette National Forest, or before October 16, 2012. October 1, 2012, EPA will not accept Valley and Idaho Counties, ID, ADDRESSES: Submit your comments, paper copies or CDs of EISs for filing Comment Period Ends: 08/13/2012, identified by docket identification (ID) purposes; all submissions on or after Contact: Jeff Hunteman 208–634– number EPA–HQ–OPP–2012–0442, by October 1, 2012 must be made through 0434. Revision to FR Notice Published one of the following methods: e-NEPA. While this system eliminates 06/29/2012; Extending Comments • Federal eRulemaking Portal: http:// the need to submit paper or CD copies Period from 08/13/2012 to 09/17/ www.regulations.gov. Follow the online to EPA to meet filing requirements, 2012. instructions for submitting comments. electronic submission does not change EIS No. 20120263, Final EIS, USFS, CA, Do not submit electronically any requirements for distribution of EISs for Barren Ridge Renewable information you consider to be public review and comment. To begin Transmission Project, Construct, Confidential Business Information (CBI) using e-NEPA, you must first register Operate, Maintain, and Upgrade or other information whose disclosure is with EPA’s electronic reporting site— 220kV Electrical Transmission Lines restricted by statute. https://cdx.epa.gov/epa_home.asp. and Switching Stations, Kern and Los • Mail: OPP Docket, Environmental EIS No. 20120264, Final EIS, USFS, CA, Angeles Counties, CA, Review Period Protection Agency Docket Center (EPA/ On Top Hazardous Fuels Reduction Ends: 09/10/2012, Contact: Justin DC), Mail Code: 28221T, 1200

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Pennsylvania Ave. NW., Washington, proposed decision are more fully List of Subjects DC 20460–0001. formed. This approach has the potential • Environmental protection, Hand Delivery: To make special to maximize the opportunity to effect Endangered species, Pesticides and arrangements for hand delivery or changes that provide protections for pests, Threatened species. delivery of boxed information, please species and their designated critical follow the instructions at http:// habitat, lessen the impacts on Dated: August 3, 2012. www.epa.gov/dockets/contacts.htm. agriculture, and narrow the scope of the Steven Bradbury, Additional instructions on commenting Federal action. Director, Office of Pesticide Programs. or visiting the docket, along with more Additionally, the proposal describes [FR Doc. 2012–20237 Filed 8–16–12; 8:45 am] information about dockets generally, is EPA’s plans to reach out to pesticide BILLING CODE 6560–50–P available at http://www.epa.gov/ users potentially affected to discuss the dockets. technological and economic feasibility of ‘‘Reasonable and Prudent ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Alternatives’’ (RPAs) intended to avoid Richard P. Keigwin, Jr., Pesticide Re- AGENCY jeopardy to threatened and/or evaluation Division (7510P), Office of [EPA–HQ–OPP–2012–0570; FRL–9358–4] endangered species. The USDA’s Pesticide Programs, Environmental relationships with the agricultural Ortho-Phthalaldehyde; Receipt of Protection Agency, 1200 Pennsylvania community provide a critical link Ave. NW., Washington, DC 20460–0001; Application for Emergency Exemption, between EPA’s expertise on pesticides Solicitation of Public Comment telephone number: (703) 308–8000; fax and the Services’ expertise on listed number: (703) 308–8005; email address: species’ locations, status and biology. AGENCY: Environmental Protection [email protected]. Finally, the proposal describes the Agency (EPA). SUPPLEMENTARY INFORMATION: process by which public comments ACTION: Notice. I. What action is the Agency taking? received on RPAs will be summarized and organized by EPA and provided to SUMMARY: EPA has received a specific EPA is taking public comment on a the Services, who will prepare a exemption request from the National document entitled, ‘‘Proposal for document to be included in the Aeronautics and Space Administration Enhancing Stakeholder Input in the administrative record of the (NASA) to use the pesticide ortho- Pesticide Registration Review and ESA consultation explaining how comments phthalaldehyde (OPA) (CAS No. 643– Consultation Processes and were considered, and if appropriate, 79–8) to treat the International Space Development of Economically and how the final biological opinion was Station internal active thermal control Technologically Feasible Reasonable modified to address the comments. The system (IATCS) coolant to control and Prudent Alternatives,’’ a copy of Services will provide the document to Cupriavidus metallidurans, Variovorax which is available in the docket at EPA, and both the Services and EPA paradoxus, Acidovorax sp., http://www.regulations.gov under will make the document available to the Sphingomonas parapaucimobilis, docket ID number EPA–HQ–OPP–2012– public upon request. These process Stenotrophomonas maltophilia, 0442. The document describes proposed changes are intended to provide clarity Methylobacterium extorquens, and changes to EPA’s pesticide registration and transparency to the ESA Section 7 unidentified gram negative rods. This review program and how it conducts consultation process for pesticides. emergency exemption involves the use consultation with the Services under EPA and the departments of of a chemical which has not been Section 7 of the ESA. Agriculture, Commerce, and Interior are registered by the EPA. EPA is soliciting taking this action because many II. Why is the Agency taking this public comment on the exemption. stakeholders have expressed concerns action? DATES: Comments must be received on regarding the apparent lack of or before September 4, 2012. In an effort to be responsive to transparency surrounding ESA stakeholders’ desires for a mechanism to consultations on pesticide registration ADDRESSES: Submit your comments, get information into the registration review decisions, and the need for identified by docket identification (ID) review process as early as possible, EPA increased access to the decision-making number EPA–HQ–OPP–2012–0570, by proposes to hold ‘‘Focus’’ meetings at process by states and other stakeholders one of the following methods: • the start of registration review for each for the purpose of providing relevant Federal eRulemaking Portal: http:// active ingredient. In response to data for consideration during www.regulations.gov. Follow the online stakeholders’ desires for a more open, registration review and accompanying instructions for submitting comments. reliable, and transparent pesticide ESA consultation. Increasing public Do not submit electronically any consultation process, EPA proposes to participation opportunities during both information you consider to be initiate any needed formal ESA the registration review and Confidential Business Information (CBI) consultations at a later stage in the accompanying ESA consultation or other information whose disclosure is review process. Consulting later in the processes, and improving clarity and restricted by statute. • registration review process allows EPA transparency during these processes are Mail: OPP Docket, Environmental to develop more refined ecological risk important goals of this action. Protection Agency Docket Center (EPA/ assessments and to engage affected In the interest of facilitating DC), Mail Code: 28221T, 1200 stakeholders in discussions that should discussion and providing clarification Pennsylvania Ave. NW., Washington, result in more focused consultation on the process changes described in the DC 20460–0001. packages inclusive of mitigation for proposal, EPA and the departments of • Hand Delivery: To make special listed species. There is an emerging Agriculture, Commerce, and Interior are arrangements for hand delivery or consensus that EPA and the Services willing to meet with affected delivery of boxed information, please should engage informally and early in stakeholders. Individuals and/or follow the instructions at http:// the consultation process, but that formal organizations wanting to meet with the www.epa.gov/dockets/contacts.htm. consultation should be reserved until agencies to discuss this proposal should Additional instructions on commenting EPA’s ecological risk assessment and submit a request to the docket. or visiting the docket, along with more

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information about dockets generally, is Code of Federal Regulations (CFR) part ability to control existing planktonic available at http://www.epa.gov/ or section number. and biofilm residing micro-organisms; a dockets. iii. Explain why you agree or disagree; negligible impact on system-wetted FOR FURTHER INFORMATION CONTACT: suggest alternatives and substitute materials of construction; and a Debra Rate, Registration Division language for your requested changes. negligible reactivity with existing (7505P), Office of Pesticide Programs, iv. Describe any assumptions and coolant additives. Non-use of OPA in Environmental Protection Agency, 1200 provide any technical information and/ the requested manner would leave Pennsylvania Ave. NW., Washington, or data that you used. NASA’s International Space Station v. If you estimate potential costs or DC 20460–0001; telephone number: burdens, explain how you arrived at without an adequate long-term solution (703) 306–0309; fax number: (703) 605– your estimate in sufficient detail to for controlling the micro-organisms in 0781; email address: allow for it to be reproduced. the coolant systems. [email protected]. vi. Provide specific examples to The Applicant proposes to make no SUPPLEMENTARY INFORMATION: illustrate your concerns and suggest more than one application of OPA per I. General Information alternatives. module in the International Space vii. Explain your views as clearly as Station IATCS coolant including the A. Does this action apply to me? possible, avoiding the use of profanity U.S. Laboratory, the Japanese You may be potentially affected by or personal threats. Experiment Module, the Columbus and this action if you are a pesticide viii. Make sure to submit your Node with a total treated coolant comments by the comment period manufacturer (NAICS code 32532) or volume not to exceed 829 Liters with a involved with the International Space deadline identified. 3. Environmental justice. EPA seeks to maximum of 1,974 cubic centimeters Station. This listing is not intended to (cm3) OPA resin. be exhaustive, but rather provides a achieve environmental justice, the fair guide for readers regarding entities treatment and meaningful involvement The regulations governing section 18 likely to be affected by this action. Other of any group, including minority and/or of FIFRA require publication of a notice types of entities not listed in this unit low income populations, in the of receipt of an application for a specific could also be affected. The North development, implementation, and exemption proposing use of a new American Industrial Classification enforcement of environmental laws, chemical (i.e., an active ingredient) System (NAICS) codes have been regulations, and policies. To help which has not been registered by EPA. provided to assist you and others in address potential environmental justice The notice provides an opportunity for determining whether this action might issues, the Agency seeks information on public comment on the application. apply to certain entities. If you have any any groups or segments of the Owing to the long lead time necessary questions regarding the applicability of population who, as a result of their for sending products to the International this action to a particular entity, consult location, cultural practices, or other Space Station, EPA has evaluated the person listed under FOR FURTHER factors, may have atypical or NASA’s application in advance of INFORMATION CONTACT. disproportionately high and adverse seeking public comment, and has human health impacts or environmental concluded that the emergency B. What should I consider as I prepare effects from exposure to the pesticide(s) exemption should be approved. my comments for EPA? discussed in this document, compared 1. Submitting CBI. Do not submit this to the general population. Although EPA has approved this information to EPA through emergency exemption, EPA still II. What action is the agency taking? www.regulations.gov or email. Clearly welcomes public comment. EPA’s mark the part or all of the information Under section 18 of the Federal regulations provide that an emergency that you claim to be CBI. For CBI Insecticide, Fungicide, and Rodenticide exemption may be modified or revoked information in a disk or CD–ROM that Act (FIFRA) (7 U.S.C. 136p), at the if, among other things, additional you mail to EPA, mark the outside of the discretion of the Administrator, a information indicates that the product disk or CD–ROM as CBI and then Federal or State agency may be may cause unreasonable adverse effects identify electronically within the disk or exempted from any provision of FIFRA or may not be effective at controlling the CD–ROM the specific information that if the Administrator determines that target pests. Accordingly, the Agency is claimed as CBI. In addition to one emergency conditions exist which will review and consider all comments complete version of the comment that require the exemption. NASA has received during the comment period in includes information claimed as CBI, a requested the Administrator to issue a determining whether the specific copy of the comment that does not specific exemption for the use of OPA exemption should be modified or contain the information claimed as CBI in the International Space Station revoked. must be submitted for inclusion in the IATCS coolant to control Cupriavidus public docket. Information so marked metallidurans, Variovorax paradoxus, List of Subjects Acidovorax sp., Sphingomonas will not be disclosed except in Environmental protection, Pesticides accordance with procedures set forth in parapaucimobilis, Stenotrophomonas and pests. 40 CFR part 2. maltophilia, Methylobacterium 2. Tips for preparing your comments. extorquens, and unidentified gram Dated: August 3, 2012. When submitting comments, remember negative rods. Information in Lois Rossi, to: accordance with 40 CFR part 166 was Director, Registration Division, Office of i. Identify the document by docket ID submitted as part of this request. Pesticide Programs. number and other identifying As part of this request, the applicant [FR Doc. 2012–19953 Filed 8–16–12; 8:45 am] information (subject heading, Federal asserts that OPA is the most effective Register date and page number). biocide which meets the requisite BILLING CODE 6560–50–P ii. Follow directions. The Agency may IATCS criteria, including: the need for ask you to respond to specific questions safe, non-intrusive implementation and or organize comments by referencing a operation in a functioning system; the

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ENVIRONMENTAL PROTECTION Agreement for Recovery of Past Federal Deposit Insurance Corporation. AGENCY Response Costs’’ and ‘‘EPA Docket No. Robert E. Feldman, CERCLA–03–2012–0154CR,’’ and Executive Secretary. [FRL–9717–9] should be forwarded to Jefferie E. Garcia [FR Doc. 2012–20286 Filed 8–15–12; 11:15 am] Notice of Administrative Settlement at the above address. BILLING CODE P Agreement for Recovery of Past FOR FURTHER INFORMATION CONTACT: Response Costs Pursuant to the Jefferie E. Garcia (3RC42), U.S. Comprehensive Environmental Environmental Protection Agency, 1650 FEDERAL RESERVE SYSTEM Response, Compensation, and Liability Arch Street, Philadelphia, PA 19103, Act of 1980, as Amended Phone: (215) 814–2697; Change in Bank Control Notices; AGENCY: Environmental Protection [email protected]. Acquisitions of Shares of a Bank or Bank Holding Company Agency. Dated: August 8, 2012. ACTION: Notice; Request for Public Ronald Borsellino, The notificants listed below have Comment. Director, Hazardous Site Cleanup Division, applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and SUMMARY: In accordance with the U.S. Environmental Protection Agency, Region III. § 225.41 of the Board’s Regulation Y (12 Comprehensive Environmental CFR 225.41) to acquire shares of a bank Response, Compensation, and Liability [FR Doc. 2012–20276 Filed 8–16–12; 8:45 am] or bank holding company. The factors Act (‘‘CERCLA’’), notice is hereby given BILLING CODE P that are considered in acting on the that a proposed administrative notices are set forth in paragraph 7 of settlement agreement for recovery of the Act (12 U.S.C. 1817(j)(7)). past response costs (‘‘Proposed The notices are available for Agreement’’) associated with Hamburg FEDERAL DEPOSIT INSURANCE immediate inspection at the Federal Mill Creek Superfund Site, Berks CORPORATION Reserve Bank indicated. The notices County, Pennsylvania was executed by also will be available for inspection at the Environmental Protection Agency Sunshine Act Meeting the offices of the Board of Governors. (‘‘EPA’’) and is now subject to public Interested persons may express their comment, after which EPA may modify Pursuant to the provisions of the views in writing to the Reserve Bank or withdraw its consent if comments ‘‘Government in the Sunshine Act’’ (5 indicated for that notice or to the offices received disclose facts or considerations U.S.C. 552b), notice is hereby given that of the Board of Governors. Comments that indicate that the Proposed at 10:01 a.m. on Tuesday, August 14, must be received not later than August Agreement is inappropriate, improper, 2012, the Board of Directors of the 31, 2012. or inadequate. The Proposed Agreement Federal Deposit Insurance Corporation A. Federal Reserve Bank of Cleveland would resolve potential EPA claims met in closed session to consider (Nadine Wallman, Vice President) 1455 under Section 107(a) of CERCLA, matters related to the Corporation’s East Sixth Street, Cleveland, Ohio against Weis Markets Inc. (‘‘Settling supervision, corporate, and resolution 44101–2566: Party’’). The Proposed Agreement would activities. 1. Steven A. Bartels and Deborah E. require Settling Party to reimburse EPA In calling the meeting, the Board Bartels, both of Franklin, Nebraska; to $30,000.00 for past response costs determined, on motion of Director acquire voting shares of New Richmond incurred by EPA for the Site. Thomas M. Hoenig (Appointive), Bancorporation, New Richmond, Ohio, For thirty (30) days following the date seconded by Director Jeremiah O. and thereby indirectly acquire voting of publication of this notice, EPA will Norton (Appointive), concurred in by shares of Riverhills Bank, Milford, Ohio. receive written comments relating to the Director Thomas J. Curry (Comptroller Proposed Agreement. EPA’s response to of the Currency), Director Richard Board of Governors of the Federal Reserve System, August 13, 2012. any comments received will be available Cordray (Director, Consumer Financial for public inspection at the U.S. Protection Bureau), and Acting Robert deV. Frierson, Environmental Protection Agency, Chairman Martin J. Gruenberg, that Secretary of the Board. Region III, 1650 Arch Street, Corporation business required its [FR Doc. 2012–20165 Filed 8–16–12; 8:45 am] Philadelphia, PA 19103. consideration of the matters which were BILLING CODE 6210–01–P DATES: Comments must be submitted on to be the subject of this meeting on less or before thirty (30) days after the date than seven days’ notice to the public; FEDERAL RESERVE SYSTEM of publication of this notice. that no earlier notice of the meeting was ADDRESSES: The Proposed Agreement practicable; that the public interest did Formations of, Acquisitions by, and and additional background information not require consideration of the matters Mergers of Bank Holding Companies relating to the Proposed Agreement are in a meeting open to public observation; available for public inspection at the and that the matters could be The companies listed in this notice U.S. Environmental Protection Agency, considered in a closed meeting by have applied to the Board for approval, Region III, 1650 Arch Street, authority of subsections (c)(4), (c)(6), pursuant to the Bank Holding Company Philadelphia, PA 19103. A copy of the (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) Act of 1956 (12 U.S.C. 1841 et seq.) Proposed Agreement may be obtained of the ‘‘Government in the Sunshine (BHC Act), Regulation Y (12 CFR part from Jefferie E. Garcia (3RC42), Senior Act’’ (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), 225), and all other applicable statutes Assistant Regional Counsel, U.S. (c)(9)(A)(ii), (c)(9)(B), and (c)(10)). and regulations to become a bank Environmental Protection Agency, 1650 holding company and/or to acquire the Arch Street, Philadelphia, PA 19103. The meeting was held in the Board assets or the ownership of, control of, or Comments should reference the Room of the FDIC Building located at the power to vote shares of a bank or ‘‘Hamburg Mill Creek Superfund Site, 550–17th Street NW., Washington, DC. bank holding company and all of the Proposed Administrative Settlement Dated: August 14, 2012. banks and nonbanking companies

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owned by the bank holding company, assets or the ownership of, control of, or proposed projects or to obtain a copy of including the companies listed below. the power to vote shares of a bank or the data collection plans and The applications listed below, as well bank holding company and all of the instruments, call 404–639–7570 and as other related filings required by the banks and nonbanking companies send comments to Kimberly S. Lane, Board, are available for immediate owned by the bank holding company, 1600 Clifton Road, MS–D74, Atlanta, inspection at the Federal Reserve Bank including the companies listed below. GA 30333 or send an email to indicated. The applications will also be The applications listed below, as well [email protected]. available for inspection at the offices of as other related filings required by the Comments are invited on: (a) Whether the Board of Governors. Interested Board, are available for immediate the proposed collection of information persons may express their views in inspection at the Federal Reserve Bank is necessary for the proper performance writing on the standards enumerated in indicated. The applications will also be of the functions of the agency, including the BHC Act (12 U.S.C. 1842(c)). If the available for inspection at the offices of whether the information shall have proposal also involves the acquisition of the Board of Governors. Interested practical utility; (b) the accuracy of the a nonbanking company, the review also persons may express their views in agency’s estimate of the burden of the includes whether the acquisition of the writing on the standards enumerated in proposed collection of information; (c) nonbanking company complies with the the BHC Act (12 U.S.C. 1842(c)). If the ways to enhance the quality, utility, and standards in section 4 of the BHC Act proposal also involves the acquisition of clarity of the information to be (12 U.S.C. 1843). Unless otherwise a nonbanking company, the review also collected; and (d) ways to minimize the noted, nonbanking activities will be includes whether the acquisition of the burden of the collection of information conducted throughout the United States. nonbanking company complies with the on respondents, including through the Unless otherwise noted, comments standards in section 4 of the BHC Act use of automated collection techniques regarding each of these applications (12 U.S.C. 1843). Unless otherwise or other forms of information must be received at the Reserve Bank noted, nonbanking activities will be technology. Written comments should indicated or the offices of the Board of conducted throughout the United States. be received within 60 days of this Governors not later than September 10, Unless otherwise noted, comments notice. 2012. regarding each of these applications Proposed Project A. Federal Reserve Bank of St. Louis must be received at the Reserve Bank (Glenda Wilson, Community Affairs indicated or the offices of the Board of Costs and Cost Savings of Motor Vehicle Injury Prevention: Evidence- Officer) P.O. Box 442, St. Louis, Governors not later than September 13, Based Policy and Behavioral Missouri 63166–2034: 2012. 1. Reliable Community Bancshares, A. Federal Reserve Bank of Dallas (E. Interventions—NEW—National Center Inc., Perryville, Missouri; to acquire 100 Ann Worthy, Vice President) 2200 for Injury Prevention and Control percent of the voting shares of First North Pearl Street, Dallas, Texas 75201– (NCIPC), Centers for Disease Control Southeast Missouri Bancorporation, 2272: and Prevention (CDC). Inc., Scott City, Missouri, and thereby 1. HaleCo Bancshares, Inc., Background and Brief Description indirectly acquire voting shares of Plainview, Texas; to acquire 100 percent Security Bank and Trust Company, Motor vehicle injuries are the leading of the voting shares of LubCo cause of death for children, adolescents, Scott City, Missouri. Bancshares, Inc., and thereby indirectly In connection with this application and young adults, and a major cause of acquire Citizens Bank, both in Slaton, death for all other ages. In 2009, 33,808 First Southeast Acquisition Corporation, Texas. Perryville, Missouri; has applied to people were killed in crashes in the become a bank holding company by Board of Governors of the Federal Reserve United States and more than 2.2 million System, August 14, 2012. acquiring 100 percent of the voting people were injured. Medical costs and shares of First Southeast Missouri Margaret McCloskey Shanks, productivity losses associated with Bancorporation, Inc., and thereby Associate Secretary of the Board. traffic injuries amounted to more than indirectly acquire Security Bank and [FR Doc. 2012–20210 Filed 8–16–12; 8:45 am] $99 billion in 2005; equivalent to about Trust Company, both in Scott City, BILLING CODE 6210–01–P $500 for each U.S. licensed driver. Due Missouri. to the magnitude of this injury problem and the availability of evidence-based Board of Governors of the Federal Reserve policies and interventions to prevent it, System, August 13, 2012. DEPARTMENT OF HEALTH AND HUMAN SERVICES motor vehicle injury prevention has Robert deV. Frierson, been designated as one of the CDC’s Secretary of the Board. Centers for Disease Control and Winnable Battles. [FR Doc. 2012–20166 Filed 8–16–12; 8:45 am] Prevention CDC requests OMB approval to BILLING CODE 6210–01–P support research needed to reduce the [60Day–12–12QC] number of motor vehicle injuries and fatalities. This project is designed to FEDERAL RESERVE SYSTEM Proposed Data Collections Submitted for Public Comment and support state and local communities in Formations of, Acquisitions by, and Recommendations making evidence-based resource Mergers of Bank Holding Companies allocation decisions relating to the In compliance with the requirement implementation of motor vehicle injury The companies listed in this notice of Section 3506(c)(2)(A) of the prevention policies and programs. This have applied to the Board for approval, Paperwork Reduction Act of 1995 for will be done by generating estimates of pursuant to the Bank Holding Company opportunity for public comment on the cost of implementing a set of Act of 1956 (12 U.S.C. 1841 et seq.) proposed data collection projects, the evidence-based interventions. By (BHC Act), Regulation Y (12 CFR part Centers for Disease Control and combining these estimates with existing 225), and all other applicable statutes Prevention (CDC) will publish periodic data on the effect of each intervention and regulations to become a bank summaries of proposed projects. To and cost of motor vehicle injuries, an holding company and/or to acquire the request more information on the interactive, user-friendly tool will be

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created that states can use to assess the Public Safety (members of the specific interventions. The tool will costs and benefits of different Governors Highway Safety Association), provide state and local policymakers interventions designed to prevent motor State Parole Agencies, and Local Law with an optimal portfolio or package of vehicle injuries. The resulting tool Enforcement Agencies. Online expert selected interventions that are expected should help states understand the panel meetings will provide the to produce the highest benefit for a tradeoffs and prioritize high-impact background information needed to specified implementation budget. The interventions to reduce motor vehicle understand how to successfully build an integrated, data-driven tool will injuries. online tool that can be used to generate facilitate effective planning and Key informant interviews will be used a variety of state-specific and cost- policymaking at the state and local to fill gaps in knowledge for benefit analyses, including point levels by providing policymakers with a interventions that do not have extensive estimates and uncertainty intervals for rigorous analysis of the costs and literature on their costs and benefits. costs and benefits. The tool will account benefits of various options for reducing Information will be collected from for different levels of implementation motor vehicle injuries and fatalities. Public safety advocacy groups, DWI/DUI for each intervention and for There are no costs to respondents defense attorneys, State Departments of interdependencies among pairs of other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Public Safety Advocacy Groups ...... Semi-Structured Interviews—(At- 4 1 1 4 tachment C). DWI/DUI Defense Attorneys ...... Semi-Structured Interviews—(At- 4 1 1 4 tachment D). Court Case Managers ...... Semi-Structured Interviews—(At- 4 1 1 4 tachment E). State Parole Agencies ...... Semi-Structured Interviews—(At- 2 1 1 2 tachment F). State Depts. of Public Safety ...... Semi-Structured Interviews—(At- 6 1 1 6 tachment G). Local Law Enforcement ...... Semi-Structured Interviews—(At- 4 1 1 4 tachment H). Academic Researchers...... Discussion Guide—Online Expert 3 1 1 3 Panel—(Attachment I). CDC Staff...... Discussion Guide—Online Expert 3 1 1 3 Panel—(Attachment I). NHTSA Staff...... Discussion Guide—Online Expert 2 1 1 2 Panel—(Attachment I).

Total ...... 32

Kimberly S. Lane, requests, call the CDC Reports Clearance 3-year period to develop various social Deputy Director, Office of Scientific Integrity, Officer at (404) 639–7570 or send an marketing campaigns aimed at Office of the Associate Director for Science, email to [email protected]. Send written increasing HIV testing rates, increasing Office of the Director, Centers for Disease comments to CDC Desk Officer, Office of HIV awareness and knowledge, Control and Prevention. Management and Budget, Washington, challenging commonly held [FR Doc. 2012–20218 Filed 8–16–12; 8:45 am] DC 20503 or by fax to (202) 395–5806. misperceptions about HIV, and BILLING CODE 4163–18–P Written comments should be received promoting HIV prevention and risk within 30 days of this notice. reduction. The research results will be used to develop materials for six Proposed Project DEPARTMENT OF HEALTH AND specific HIV social marketing campaigns HUMAN SERVICES Formative Research for the under the umbrella of the larger Act Development of CDC’s Act Against Against AIDS campaign. The target Centers for Disease Control and AIDS Social Marketing Campaigns audience for the campaigns include the Prevention Targeting Consumers—New—National following populations, all ages 18–64 Center for HIV/AIDS, Viral Hepatitis, years old: (1) General U.S. population, [30Day–12–12EX] STD, and TB Prevention (NCHHSTP), with an emphasis on African Americans Agency Forms Undergoing Paperwork Centers for Disease Control and and Latinos; (2) men who have sex with Reduction Act Review Prevention (CDC). men (MSM), with an emphasis on Latino MSM; and (3) HIV+ individuals. Background and Brief Description The Centers for Disease Control and The study will screen 2338 people per Prevention (CDC) publishes a list of The purpose of this study is to year for eligibility. Of the 2338 people information collection requests under conduct interviews and focus groups in screened, it is expected that 500 people review by the Office of Management and four rounds of data collections will participate in focus groups, 500 Budget (OMB) in compliance with the (exploratory research, message testing, people will participate in in-depth Paperwork Reduction Act (44 U.S.C. concept testing, materials testing) with interviews and 700 will participate in Chapter 35). To request a copy of these consumer groups aged 18 to 64 over a intercept interviews. All focus group

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and in-depth interview participants and pencil survey. The total estimated There are no costs to the respondents (total 1000) will complete a brief paper annual burden hours are 2311. other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Individuals (males and females) aged 18–64 Study screener ...... 2338 1 2/60 Individuals (males and females) aged 18–64 In-Depth Interview Guide ...... 500 1 1 Individuals (males and females) aged 18–64 Focus Group Guide ...... 500 1 2 Individuals (males and females) aged 18–64 Paper and Pencil Survey ...... 1000 1 30/60 Individuals (males and females) aged 18–64 Intercept Interview Guide ...... 700 1 20/60

Kimberly S. Lane, be received within 60 days of this Leadership Through Alliances (DELTA) Deputy Director, Office of Science Integrity, notice. Program, with a focus on the primary Office of the Associate Director for Science, prevention of IPV. The CDC funded Proposed Project Office of the Director, Centers for Disease DELTA Program provides funding to Control and Prevention. Monitoring And Reporting System For state domestic violence coalitions [FR Doc. 2012–20213 Filed 8–16–12; 8:45 am] DELTA FOCUS Awardees—New— (SDVCs) to engage in statewide primary BILLING CODE 4163–18–P National Center for Injury Prevention prevention efforts and to provide and Control (NCIPC), Centers for training, technical assistance, and Disease Control and Prevention (CDC). financial support to local communities DEPARTMENT OF HEALTH AND Background and Brief Description for local primary prevention efforts. HUMAN SERVICES DELTA FOCUS (Domestic Violence Intimate Partner Violence (IPV) is a Prevention Enhancement and Centers for Disease Control and serious, preventable public health Leadership Through Alliances, Focusing Prevention problem that affects millions of on Outcomes for Communities United Americans and results in serious with States) builds on that history by [60Day–12–12QR] consequences for victims, families, and providing focused funding to states and communities. IPV occurs between two communities for intensive Proposed Data Collections Submitted people in a close relationship. The term implementation and evaluation of IPV for Public Comment and ‘‘intimate partner’’ describes physical, primary prevention strategies that Recommendations sexual, or psychological harm by a address the structural determinants of current or former partner or spouse. IPV health at the societal and community In compliance with the requirement can impact health in many ways, levels of the social-ecological model of Section 3506(c)(2)(A) of the including long-term health problems, (SEM). Paperwork Reduction Act of 1995 for emotional impacts, and links to negative By emphasizing primary prevention, opportunity for public comment on health behaviors. IPV exists along a the DELTA FOCUS program will proposed data collection projects, the continuum from a single episode of support comprehensive and coordinated Centers for Disease Control and violence to ongoing battering; many approaches to IPV prevention. The Prevention (CDC) will publish periodic victims do not report IPV to police, strategies will address the structural summaries of proposed projects. To friends, or family. determinants of health at the outer request more information on the Research indicates that on average, 24 layers (societal and community) of the proposed projects or to obtain a copy of people per minute are victims of rape, SEM that coordinate and align with the data collection plans and physical violence, or stalking by an existing prevention strategies at the instruments, call 404–639–7570 and intimate partner in the United States. inner layers of the SEM. This program send comments to Kimberly S. Lane, Over the course of one year, more than addresses the ‘‘Healthy People 2020’’ 1600 Clifton Road, MS–D74, Atlanta, 12 million women and men reported focus area(s) of Injury and Violence GA 30333 or send an email to being a victim of rape, physical Prevention and Social Determinants of [email protected]. violence, or stalking by an intimate Health. Comments are invited on: (a) Whether partner. Also, on average nearly three Information will be collected from the the proposed collection of information women are murdered each day by an 12 DELTA FOCUS awardees through an is necessary for the proper performance intimate partner. In 2007, IPV resulted electronic Performance Management of the functions of the agency, including in more than 2,300 deaths. Of these Information System (PMIS). The PMIS whether the information shall have deaths, 30 percent were men and 70 will collect information about the practical utility; (b) the accuracy of the percent were women. The medical care, staffing resources dedicated by each agency’s estimate of the burden of the mental health services, and lost awardee, as well as partnerships with proposed collection of information; (c) productivity (e.g., time away from work) external organizations. Information ways to enhance the quality, utility, and cost of IPV is estimated at $8.3 billion collected through the PMIS will be used clarity of the information to be per year. to inform performance monitoring and collected; and (d) ways to minimize the The objective of primary prevention is program evaluation. Information will burden of the collection of information to stop IPV before it occurs. In 2002, also be used to respond to requests from on respondents, including through the authorized by the Family Violence the National Center for Injury use of automated collection techniques Prevention Services Act (FVPSA), CDC Prevention and Control, Department of or other forms of information developed the Domestic Violence Health and Human Services, White technology. Written comments should Prevention Enhancements and House, Congress, and other sources.

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DELTA FOCUS awardees will use the collected, limiting the potential negative during the initial population of the information collection to manage and impact this data collection might have PMIS, typically in the first six months coordinate their activities and to on the privacy of respondents. No of funding. Estimated burden for the improve their efforts to prevent IPV. personal contact information will be first-time population of the PMIS is The PMIS will collect a limited collected. All respondents will be state fifteen hours. Semi-Annual Reporting is amount of information in identifiable and territorial domestic violence estimated at three hours per respondent. form (IIF) for key program staff (e.g., coalitions. The time commitments for There are no costs to respondents Executive Director). Only names and data entry and training are greatest professional contact information will be other than their time.

ESTIMATED ANNUALIZED BURDEN TO RESPONDENTS

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

State and/or Territorial Domestic Vi- DELTA FOCUS PMIS: Initial popu- 12 1 15 180 olence Coalitions. lation. DELTA FOCUS PMIS: Semi-annual 12 2 3 72 reporting.

Total ...... 252

Kimberly S. Lane, DEPARTMENT OF HEALTH AND and interpretive regulations, and other Deputy Director, Office of Scientific Integrity, HUMAN SERVICES Federal Register notices that were Office of the Associate Director for Science, published from April through June Office of the Director, Centers for Disease Centers for Medicare & Medicaid 2012, relating to the Medicare and Control and Prevention. Services Medicaid programs and other programs [FR Doc. 2012–20211 Filed 8–16–12; 8:45 am] [CMS–9074–N] administered by CMS. BILLING CODE 4163–18–P FOR FURTHER INFORMATION CONTACT: It is Medicare and Medicaid Programs; possible that an interested party may Quarterly Listing of Program need specific information and not be Issuances—April Through June 2012 able to determine from the listed AGENCY: Centers for Medicare & information whether the issuance or Medicaid Services (CMS), HHS. regulation would fulfill that need. ACTION: Notice. Consequently, we are providing contact persons to answer general questions SUMMARY: This quarterly notice lists concerning each of the addenda CMS manual instructions, substantive published in this notice.

Addenda Contact Phone No.

I CMS Manual Instructions ...... Ismael Torres ...... (410) 786–1864 II Regulation Documents Published in the Federal Register Terri Plumb ...... (410) 786–4481 III CMS Rulings ...... Tiffany Lafferty ...... (410) 786–7548 IV Medicare National Coverage Determinations ...... Wanda Belle ...... (410) 786–7491 V FDA-Approved Category B IDEs ...... John Manlove ...... (410) 786–6877 VI Collections of Information ...... Mitch Bryman ...... (410) 786–5258 VII Medicare-Approved Carotid Stent Facilities ...... Sarah J. McClain ...... (410) 786–2294 VIII American College of Cardiology-National Cardiovascular JoAnna Baldwin, MS ...... (410) 786–7205 Data Registry Sites. IX Medicare’s Active Coverage-Related Guidance Docu- Lori Ashby ...... (410) 786–6322 ments. X One-time Notices Regarding National Coverage Provisions Lori Ashby ...... (410) 786–6322 XI National Oncologic Positron Emission Tomography Reg- Stuart Caplan, RN, MAS ...... (410) 786–8564 istry Sites. XII Medicare-Approved Ventricular Assist Device (Destina- JoAnna Baldwin, MS ...... (410) 786–7205 tion Therapy) Facilities. XIII Medicare-Approved Lung Volume Reduction Surgery Fa- JoAnna Baldwin, MS ...... (410) 786–7205 cilities. XIV Medicare-Approved Bariatric Surgery Facilities ...... Kate Tillman, RN, MAS ...... (410) 786–9252 XV Fluorodeoxyglucose Positron Emission Tomography for Stuart Caplan, RN, MAS ...... (410) 786–8564 Dementia Trials. All Other Information ...... Annette Brewer ...... (410) 786–6580

I. Background responsible for administering the health insurance. Administration and Medicare and Medicaid programs and oversight of these programs involves the Among other things, the Centers for coordination and oversight of private following: (1) Furnishing information to Medicare & Medicaid Services (CMS) is

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Medicare and Medicaid beneficiaries, approach is in alignment with CMS’ these specific services and offers more health care providers, and the public; commitment to the general principles of flexibility and ‘‘real time’’ accessibility. and (2) maintaining effective the President’s Executive Order 13563 In addition, many of the Web sites have communications with CMS regional released January 2011entitled listservs; that is, the public can offices, State governments, State ‘‘Improving Regulation and Regulatory subscribe and receive immediate Medicaid agencies, State survey Review,’’ which promotes modifying notification of any updates to the Web agencies, various providers of health and streamlining an agency’s regulatory site. These listservs avoid the need to care, all Medicare contractors that program to be more effective in check the Web site, as notification of process claims and pay bills, National achieving regulatory objectives. Section updates is automatic and sent to the Association of Insurance Commissioners 6 of Executive Order 13563 requires subscriber as they occur. If assessing a (NAIC), health insurers, and other agencies to identify regulations that may Web site proves to be difficult, the stakeholders. To implement the various be ‘‘outmoded, ineffective, insufficient, contact person listed can provide statutes on which the programs are or excessively burdensome, and to information. based, we issue regulations under the modify, streamline, expand or repeal III. How To Use the Notice authority granted to the Secretary of the them in accordance with what has been Department of Health and Human learned.’’ This approach is also in This notice is organized into 15 Services under sections 1102, 1871, alignment with the President’s Open addenda so that a reader may access the 1902, and related provisions of the Government and Transparency Initiative subjects published during the quarter Social Security Act (the Act) and Public that establishes a system of covered by the notice to determine Health Service Act. We also issue transparency, public participation, and whether any are of particular interest. various manuals, memoranda, and collaboration. We expect this notice to be used in statements necessary to administer and concert with previously published oversee the programs efficiently. Therefore, this quarterly notice provides only the specific updates that notices. Those unfamiliar with a Section 1871(c) of the Act requires description of our Medicare manuals that we publish a list of all Medicare have occurred in the 3-month period along with a hyperlink to the full listing should view the manuals at http:// manual instructions, interpretive rules, www.cms.gov/manuals. statements of policy, and guidelines of that is available on the CMS Web site or general applicability not issued as the appropriate data registries that are Authority: Catalog of Federal Domestic regulations at least every 3 months in used as our resources. This information Assistance Program No. 93.773, Medicare— the Federal Register. is the most current up-to-date Hospital Insurance, Program No. 93.774, information and will be available earlier Medicare—Supplementary Medical II. Revised Format for the Quarterly than we publish our quarterly notice. Insurance Program, and Program No. 93.714, Medical Assistance Program. Issuance Notices We believe the Web site list provides While we are publishing the quarterly more timely access for beneficiaries, Dated: August 8, 2012. notice required by section 1871(c) of the providers, and suppliers. We also Kathleen Cantwell, Act, we will no longer republish believe the Web site offers a more Acting Director, Office of Strategic Operations duplicative information that is available convenient tool for the public to find and Regulatory Affairs. to the public elsewhere. We believe this the full list of qualified providers for BILLING CODE 4120–01–P

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[FR Doc. 2012–20074 Filed 8–16–12; 8:45 am] OMB No.: 0970–0370. FPLS to authorized persons. 42 U.S.C. BILLING CODE 4120–01–C The purpose of the Federal Child 653(m)(2). Support Services Portal Registration is After identity is authenticated, secure to collect information from an accounts will be created for authorized DEPARTMENT OF HEALTH AND authorized individual registering to use users to view data for their respective HUMAN SERVICES the Federal Parent Locator Service applications. (FPLS) Child Support Services Portal. Administration for Children and This information collection is necessary Respondents: Employers, Financial Families to authenticate the individual’s identity Institutions, Insurers, State Agencies, and comply with the statutory Local Access and Visitation Providers. Submission for OMB Review; Comment Request requirement that federal Office of Child Support Enforcement (OCSE) establish Title: Federal Child Support Services and implement safeguards to restrict Portal Registration. access to confidential information in the

ANNUAL BURDEN ESTIMATES

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

Registration Screen ...... 588 1 0.1 58.8

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND spring of 2011 and cohort (2) 4-year-olds Hours: 58.8 HUMAN SERVICES in the spring of 2012. Additional Information: Copies of the ACF is proposing to collect Administration for Children and information necessary to identify proposed collection may be obtained by Families writing to The Administration for CARES study respondents’ current Children and Families, Office of Proposed Information Collection location and follow-up with Information Services, 370 L’Enfant Activity; Comment Request respondents until the children reach Promenade SW., Washington, DC 20447, third grade. In support of an Title: DHHS/ACF/OPRE Head Start Attn: ACF Reports Clearance Officer. examination of third grade outcomes, Classroom-based Approaches and information must be collected from OMB Comment: OMB is required to Resources for Emotion and Social skill parents or guardians until the third make a decision concerning the promotion (CARES) project: Tracking grade year. Therefore, in the spring of collection of information between 30 Participants. 2013 tracking of all children will be and 60 days after publication of this OMB No.: 0970–0364. necessary, in the spring of 2014 for the Description: The Head Start document in the Federal Register. three- and four-year-old children in Classroom-based Approaches and Therefore, a comment is best assured of cohort 2 only, and in the spring of 2015 Resources for Emotion and Social skill having its full effect if OMB receives it the three-year-olds in cohort 2 only. To promotion (CARES) project is an within 30 days of publication. Written enable the opportunity to conduct data comments and recommendations for the evaluation of three social emotional program enhancements within Head collection in 3rd grade, complete proposed information collection should tracking information on the full sample, be sent directly to the following: Office Start settings serving three- and four- year-old children. This project focuses both ages and cohorts, for all years until of Management and Budget, Paperwork on identifying the central features of third grade is necessary. In addition to Reduction Project, 725 17th Street NW., effective programs to provide the location and contact information, a Washington, DC 20503, Attn: Desk information federal policy makers and small set of additional items will Officer for ACF. Head Start providers will need if they provide information on the parents’ perception of the children’s well-being. Bob Sargis, are to increase Head Start’s capacity to Reports Clearance, Officer. improve the social and emotional skills Respondents: The respondents to the and school readiness of preschool age tracking phone calls will be low-income [FR Doc. 2012–20164 Filed 8–16–12; 8:45 am] children. The Head Start CARES project parents and their Head Start children. BILLING CODE 4184–01–P completed data collection for cohort (1) This is a three-year information 4-year-olds and cohort (2) 3-year-olds in collection request.

ANNUAL BURDEN ESTIMATES

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

Parent Survey Cohort 1–4 year olds ...... 201 1 0.33 66 Parent Survey Cohort 2–4 year olds ...... 690 2 0.33 1380 Parent Survey Cohort 2–3 year olds ...... 320 3 0.33 106

Total ...... 1552

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In compliance with the requirements concerning each proposed collection of collection of information on of Section 3506(c)(2)(A) of the information, including each proposed respondents, including through the use Paperwork Reduction Act of 1995, the extension of an existing collection of of automated collection techniques, Administration for Children and information, and to allow 60 days for when appropriate, and other forms of Families is soliciting public comment public comment in response to the information technology. notice. This notice solicits comments on on the specific aspects of the Bar Code Label Requirement for the bar code label requirements for information collection described above. Human Drug and Biological Products— human drug and biological products. Copies of the proposed collection of (OMB Control Number 0910–0537)— information can be obtained and DATES: Submit either electronic or Extension comments may be forwarded by writing written comments on the collection of to the Administration for Children and information by October 16, 2012. In the Federal Register of February 26, 2004 (69 FR 9120), we issued Families, Office of Planning, Research ADDRESSES: Submit electronic and Evaluation, 370 L’Enfant comments on the collection of regulations that required human drug Promenade SW., Washington, DC 20447, information to http:// product and biological product labels to Attn: ACF Reports Clearance Officer. www.regulations.gov. Submit written have bar codes. The rule required bar Email address: comments on the collection of codes on most human prescription drug [email protected]. All information to the Division of Dockets products and on over-the-counter (OTC) requests should be identified by the title Management (HFA–305), Food and Drug drug products that are dispensed under of the information collection. Administration, 5630 Fishers Lane, Rm. an order and commonly used in health The Department specifically requests 1061, Rockville, MD 20852. All care facilities. The rule also required comments on (a) whether the proposed comments should be identified with the machine-readable information on blood collection of information is necessary docket number found in brackets in the and blood components. For human for the proper performance of the heading of this document. prescription drug products and OTC drug products that are dispensed under functions of the agency, including FOR FURTHER INFORMATION CONTACT: Ila an order and commonly used in health whether the information shall have Mizrachi, Office of Information practical utility; (b) the accuracy of the care facilities, the bar code must contain Management, Food and Drug the National Drug Code number for the agency’s estimate of the burden of the Administration, 1350 Piccard Dr., PI50– proposed collection of information; (c) product. For blood and blood 400B, Rockville, MD 20850, 301–796– components, the rule specifies the the quality, utility, and clarity of the 7726, [email protected]. minimum contents of the machine- information to be collected; and (d) SUPPLEMENTARY INFORMATION: Under the readable information in a format ways to minimize the burden of the PRA (44 U.S.C. 3501–3520), Federal approved by the Center for Biologics collection of information on Agencies must obtain approval from the Evaluation and Research Director as respondents, including through the use Office of Management and Budget blood centers have generally agreed of automated collection techniques or (OMB) for each collection of upon the information to be encoded on other forms of information technology. information they conduct or sponsor. the label. The rule is intended to help Consideration will be given to ‘‘Collection of information’’ is defined reduce the number of medication errors comments and suggestions submitted in 44 U.S.C. 3502(3) and 5 CFR in hospitals and other health care within 60 days of this publication. 1320.3(c) and includes Agency requests settings by allowing health care Robert Sargis, or requirements that members of the professionals to use bar code scanning ACF Reports Clearance Officer. public submit reports, keep records, or equipment to verify that the right drug provide information to a third party. [FR Doc. 2012–20207 Filed 8–16–12; 8:45 am] (in the right dose and right route of Section 3506(c)(2)(A) of the PRA (44 BILLING CODE 4184–22–P administration) is being given to the U.S.C. 3506(c)(2)(A)) requires Federal right patient at the right time. Agencies to provide a 60-day notice in Most of the information collection DEPARTMENT OF HEALTH AND the Federal Register concerning each burden resulting from the final rule, as HUMAN SERVICES proposed collection of information, calculated in table 1 of the final rule (69 including each proposed extension of an FR at 9149), was a one-time burden that Food and Drug Administration existing collection of information, does not occur after the rule’s before submitting the collection to OMB compliance date of April 26, 2006. In [Docket No. FDA–2012–N–0873] for approval. To comply with this addition, some of the information Agency Information Collection requirement, FDA is publishing notice collection burden estimated in the final Activities; Proposed Collection; of the proposed collection of rule is now covered in other OMB- Comment Request; Bar Code Label information set forth in this document. approved information collection Requirement for Human Drug and With respect to the following packages for FDA. However, parties may Biological Products collection of information, FDA invites continue to seek an exemption from the comments on these topics: (1) Whether bar code requirement under certain, AGENCY: Food and Drug Administration, the proposed collection of information limited circumstances. Section HHS. is necessary for the proper performance 201.25(d) (21 CFR 201.25(d)) requires ACTION: Notice. of FDA’s functions, including whether submission of a written request for an the information will have practical exemption and describes the contents of SUMMARY: The Food and Drug utility; (2) the accuracy of FDA’s such requests. Based on the number of Administration (FDA) is announcing an estimate of the burden of the proposed exemption requests we have received, opportunity for public comment on the collection of information, including the we estimate that approximately 2 proposed collection of certain validity of the methodology and exemption requests may be submitted information by the Agency. Under the assumptions used; (3) ways to enhance annually, and that each exemption Paperwork Reduction Act of 1995 (the the quality, utility, and clarity of the request will require 24 hours to PRA), Federal Agencies are required to information to be collected; and (4) complete. This would result in an publish notice in the Federal Register ways to minimize the burden of the annual reporting burden of 48 hours.

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FDA estimates the burden of this collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Number of responses Total annual Average burden per 21 CFR section respondents per respondent responses response Total hours

201.25(d) 2 1 2 24 48 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: August 13, 2012. 400B, Rockville, MD 20850, 301–796– as authorized by the Family Smoking Leslie Kux, 5156, [email protected]. Prevention and Tobacco Control Act Assistant Commissioner for Policy. SUPPLEMENTARY INFORMATION: Under the (Tobacco Control Act), it is beneficial [FR Doc. 2012–20205 Filed 8–16–12; 8:45 am] PRA (44 U.S.C. 3501–3520), Federal for FDA to conduct research and studies BILLING CODE 4160–01–P Agencies must obtain approval from the relating to the control and prevention of Office of Management and Budget disease as authorized by section 301 of (OMB) for each collection of the Public Health Service Act (42 U.S.C DEPARTMENT OF HEALTH AND information they conduct or sponsor. 241(a)). In conducting such research, HUMAN SERVICES ‘‘Collection of information’’ is defined FDA will employ formative pretests to in 44 U.S.C. 3502(3) and 5 CFR assess the likely effectiveness of tobacco Food and Drug Administration 1320.3(c) and includes Agency requests communications with specific target or requirements that members of the audiences. The information collected [Docket No. FDA–2012–N–0876] public submit reports, keep records, or will serve two major purposes. First, as provide information to a third party. formative research it will provide the Agency Information Collection Section 3506(c)(2)(A) of the PRA (44 critical knowledge needed about target Activities; Proposed Collection; U.S.C. 3506(c)(2)(A)) requires Federal audiences. FDA must first understand Comment Request; Pretesting of Agencies to provide a 60-day notice in Tobacco Communications critical influences on people’s the Federal Register concerning each decisionmaking process when choosing AGENCY: Food and Drug Administration, proposed collection of information, to use, not use, or quit using tobacco HHS. including each proposed extension of an products. In addition to understanding existing collection of information, ACTION: Notice. the decisionmaking processes of adults, before submitting the collection to OMB it is also critical to understand the SUMMARY: The Food and Drug for approval. To comply with this decisionmaking processes among Administration (FDA) is announcing an requirement, FDA is publishing notice adolescents (ages 13 to 17), where opportunity for public comment on the of the proposed collection of communications will aim to discourage proposed collection of certain information set forth in this document. tobacco use before it starts. Knowledge information by the Agency. Under the With respect to the following of these decisionmaking processes will Paperwork Reduction Act of 1995 (the collection of information, FDA invites be applied by FDA to help design PRA), Federal Agencies are required to comments on these topics: (1) Whether effective communication strategies, publish notice in the Federal Register the proposed collection of information messages, and warning labels. Second, concerning each proposed collection of is necessary for the proper performance as initial testing, it will allow FDA to information, including each proposed of FDA’s functions, including whether assess the potential effectiveness of extension of an existing collection of the information will have practical messages and materials in reaching and information, and to allow 60 days for utility; (2) the accuracy of FDA’s successfully communicating with their public comment in response to the estimate of the burden of the proposed intended audiences. Pretesting messages notice. This notice solicits comments on collection of information, including the with a sample of the target audience pretesting of tobacco communications. validity of the methodology and will allow FDA to refine messages while DATES: Submit either electronic or assumptions used; (3) ways to enhance they are still in the developmental stage. written comments on the collection of the quality, utility, and clarity of the By utilizing appropriate qualitative and information by October 16, 2012. information to be collected; and (4) quantitative methodologies, FDA will be ways to minimize the burden of the able to: (1) Better understand ADDRESSES: Submit electronic collection of information on comments on the collection of characteristics of the target audience— respondents, including through the use its attitudes, beliefs, and behaviors—and information to http:// of automated collection techniques, use risk communications; (2) more www.regulations.gov. Submit written when appropriate, and other forms of efficiently and effectively design comments on the collection of information technology. information to the Division of Dockets messages and select formats that have Management (HFA–305), Food and Drug Pretesting of Tobacco the greatest potential to influence the Administration, 5630 Fishers Lane, rm. Communications—(OMB Control target audience’s attitudes and behavior 1061, Rockville, MD 20852. All Number 0910–0674)—Extension in a favorable way; (3) determine the comments should be identified with the In order to conduct educational and best promotion and distribution docket number found in brackets in the public information programs relating to channels to reach the target audience heading of this document. tobacco use, as authorized by section with appropriate messages; and (4) FOR FURTHER INFORMATION CONTACT: 903(d)(2)(D) of the Federal Food, Drug, expend limited program resource Daniel Gittleson, Office of Information and Cosmetic Act (21 U.S.C. dollars wisely and effectively. Management, Food and Drug 393(d)(2)(D)) and to develop stronger FDA estimates the burden of this Administration, 1350 Piccard Dr., PI50– health warnings on tobacco packaging collection of information as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Individual In-Depth Interviews ...... 360 1 360 0.75 (45 minutes) ...... 270 General Public Focus Group Interviews ...... 144 1 144 1.5 hours ...... 216 Intercept Interviews: Central Location ...... 600 1 600 0.25 (15 minutes) ...... 150 Intercept Interviews: Telephone ...... 2 10,000 1 10,000 0.08 (5 minutes) ...... 800 Self-Administered Surveys ...... 2,400 1 2,400 0.25 (15 minutes) ...... 600 Gatekeeper Reviews ...... 400 1 400 0.50 (30 minutes) ...... 200 Omnibus Surveys ...... 2,400 1 2,400 0.17 (10 minutes) ...... 408

Total (General Public) ...... 16,304 ...... 2,644 Physician Focus Group Interviews ...... 144 1 144 1.5 hours ...... 216 Total (Physician) ...... 144 ...... 216

Total (Overall) ...... 16,448 ...... 2,860 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Brief interviews with callers to test message concepts and strategies following their call-in request to the FDA Center for Tobacco Products 1–800 number.

The number of respondents to be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND included in each new pretest will vary, as amended. The grant applications and HUMAN SERVICES depending on the nature of the material the discussions could disclose or message being tested and the target confidential trade secrets or commercial National Institutes of Health audience. However, for illustrative property such as patentable material, National Center for Advancing purposes, table 1 provides examples of and personal information concerning the types of studies that may be Translational Sciences; Notice of individuals associated with the grant Meetings administered and estimated burden applications, the disclosure of which levels that may be incurred during each would constitute a clearly unwarranted Pursuant to section 10(d) of the year of the 3-year period. Time to read, invasion of personal privacy. Federal Advisory Committee Act, as view, or listen to the message being amended (5 U.S.C. App.), notice is Name of Committee: National Advisory tested is built into the ‘‘Hours per hereby given of meetings of the National Dental and Craniofacial Research Council. Response’’ figures. Center for Advancing Translational Date: September 21, 2012. Dated: August 13, 2012. Sciences Advisory Council. Open: 8:30 a.m. to 12:00 p.m. The meetings will be open to the Leslie Kux, Agenda: Report to the Director, NIDCR. public as indicated below, with Assistant Commissioner for Policy. Place: National Institutes of Health, attendance limited to space available. [FR Doc. 2012–20206 Filed 8–16–12; 8:45 am] Building 31, 31 Center Drive, 6th Floor, 10, Individuals who plan to attend and BILLING CODE 4160–01–P Bethesda, MD 20892. need special assistance, such as sign Closed: 1:00 p.m. to Adjournment. Agenda: To review and evaluate grant language interpretation or other DEPARTMENT OF HEALTH AND applications. reasonable accommodations, should HUMAN SERVICES Place: National Institutes of Health, notify the Contact Person listed below Building 31, 31 Center Drive, 6th Floor, 10, in advance of the meeting. National Institutes of Health Bethesda, MD 20892. The meetings will be closed to the Contact Person: Alicia J. Dombroski, Ph.D., public in accordance with the National Institute of Dental & Director, Division of Extramural Activities, provisions set forth in sections Craniofacial Research; Notice of National Institute of Dental and Craniofacial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting Research, National Institutes of Health, as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the Bethesda, MD 20892. confidential trade secrets or commercial Federal Advisory Committee Act, as Information is also available on the property such as patentable material, amended (5 U.S.C. App.), notice is Institute’s/Center’s home page: http:// and personal information concerning hereby given of a meeting of the www.nidcr.nih.gov/about, where an agenda individuals associated with the grant National Advisory Dental and and any additional information for the applications, the disclosure of which Craniofacial Research Council. meeting will be posted when available. The meeting will be open to the would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance invasion of personal privacy. public as indicated below, with Program Nos. 93.121, Oral Diseases and attendance limited to space available. Disorders Research, National Institutes of Name of Committee: Cures Acceleration Individuals who plan to attend and Health, HHS) Network Review Board. need special assistance, such as sign Date: September 14, 2012. Dated: August 13, 2012. language interpretation or other Time: 8:30 a.m. to 2:30 p.m. Jennifer S. Spaeth, Agenda: Report from the Acting Institute reasonable accommodations, should Director. Director, Office of Federal Advisory notify the Contact Person listed below Place: National Institutes of Health, in advance of the meeting. Committee Policy. Building 31, 31 Center Drive, Conference The meeting will be closed to the [FR Doc. 2012–20275 Filed 8–16–12; 8:45 am] Room 6, Bethesda, MD 20892. public in accordance with the BILLING CODE 4140–01–P Contact Person: Jane A. Steinberg, Ph.D., provisions set forth in sections Executive Secretary, National Center for

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Advancing Translational Sciences, Bethesda, Democracy Boulevard, Room 959, Bethesda, otherwise designated by the Secretary of MD 20892, 301–443–3367. MD 20892, 301–451–3398, State or the Secretary of the Treasury Name of Committee: National Center for [email protected]. pursuant to the Specially Designated Advancing Translational Sciences Advisory Dated: August 9, 2012. Nationals List (SDNL), or in lists Council. Anna P. Snouffer, established by United Nations Security Date: September 14, 2012. Council Committee pursuant to Open: 8:30 a.m. to 2:30 p.m. Deputy Director, Office of Federal Advisory Agenda: Report from the Acting Institute Committee Policy. Resolutions 1267 (1999) or 1988 (2011) Director. [FR Doc. 2012–20272 Filed 8–16–12; 8:45 am] concerning Al-Qaida and the Taliban Place: National Institutes of Health, BILLING CODE 4140–01–P and associated individuals and entities; Building 31, 31 Center Drive, Conference and Room 6, Bethesda, MD 20892. (2) Has at no time targeted U.S. Closed: 3:00 p.m. to 4:30 p.m. DEPARTMENT OF HOMELAND interests or persons, including planned Agenda: To review and evaluate grant SECURITY or attempted attacks on U.S. interests or applications. persons; engaged in a pattern or practice Place: National Institutes of Health, Office of the Secretary Building 31, 31 Center Drive, Conference of torture, as defined in 18 U.S.C. 2441(d)(1)(A), genocide, as described in Room 6, Bethesda, MD 20892. Exercise of Authority Under the Contact Person: Jane A. Steinberg, Ph.D., 18 U.S.C. 1091(a), or the use of child Executive Secretary, National Center for Immigration and Nationality Act soldiers, as described in 18 U.S.C. 2242; Advancing Translational Sciences, Bethesda, AGENCY: Office of the Secretary, DHS. or been designated a terrorist MD 20892, 301–443–3367. ACTION: Notice of determination. organization as described in subsections Dated: August 13, 2012 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II). Jennifer Spaeth Authority: 8 U.S.C. 1182(d)(3)(B)(i). (c) Additional Qualifications. To meet Director, Office of Federal Advisory Following consultations with the Committee Policy. the requirements of this determination, Secretary of State and the Attorney [FR Doc. 2012–20273 Filed 8–16–12; 8:45 am] the alien must also meet the following General, I hereby conclude, as a matter specifications: BILLING CODE 4140–01–P of discretion in accordance with the (1) On or before the date of this authority granted to me by section Exercise of Authority, was admitted as 212(d)(3)(B)(i) of the Immigration and DEPARTMENT OF HEALTH AND a refugee or granted asylum, temporary Nationality Act (INA), 8 U.S.C. HUMAN SERVICES protected status, or adjustment of status 1182(d)(3)(B)(i), as amended, as well as under the Nicaraguan Adjustment and National Institutes of Health the foreign policy and national security Central American Relief Act (NACARA) interests deemed relevant in these or the Haitian Refugee Immigration National Institute of Biomedical consultations, that paragraphs (iv)(IV), Fairness Act (HRIFA), or granted a Imaging and Bioengineering; Notice of (iv)(V), (iv)(VI), and (i)(VIII) of section similar immigration benefit other than a Closed Meeting 212(a)(3)(B) of the INA, 8 U.S.C. non-immigrant visa; or 1182(a)(3)(B), shall not apply with (2) Is the beneficiary of an I–730 Pursuant to section 10(d) of the respect to an alien not otherwise Federal Advisory Committee Act, as Refugee/Asylee Relative Petition filed at covered by the automatic relief any time by such an asylee or refugee. amended (5 U.S.C. App.), notice is provisions of section 691(b) of the hereby given of the following meeting. (d) Evidentiary Requirements. An Consolidated Appropriations Act, 2008 alien must satisfy the relevant agency The meeting will be closed to the or by a more specific Exercise of public in accordance with the authority that the alien: Authority under section 212(d)(3)(B)(i) (1) Is seeking a benefit or protection provisions set forth in sections of the INA, 8 U.S.C. 1182(d)(3)(B)(i), 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., under the INA and has been determined who meets the specifications of to be otherwise eligible for the benefit as amended. The grant applications and paragraphs (a) through (d) of this the discussions could disclose or protection; determination. (2) Has undergone and passed all confidential trade secrets or commercial (a) Alien Qualification: To qualify relevant background and security property such as patentable material, under this determination, an alien must checks; and personal information concerning have: individuals associated with the grant (1) Solicited funds or other things of (3) Has fully disclosed, to the best of applications, the disclosure of which value for; his or her knowledge, in all relevant would constitute a clearly unwarranted (2) Solicited any individual for applications and interviews with U.S. invasion of personal privacy. membership in; government representatives and agents, (3) Provided material support to; or the nature and circumstances of each Name of Committee: National Institute of instance of solicitation, material Biomedical Imaging and Bioengineering (4) Received military-type training Special Emphasis Panel; ZEB1 OSR–D(J1) S from, or on behalf of, an organization support, and military-type training, and T32 Training and R25 Residency and Clinical described in paragraph (b). any other activity or association falling Fellows Awards Review Meeting. (b) Organization Qualification. An within the scope of section 212(a)(3)(B) Date: October 11, 2012. organization meets the specifications of of the INA, 8 U.S.C. 1182(a)(3)(B); Time: 8:00 a.m. to 5:00 p.m. paragraph (a) of this determination if, at (4) Has not knowingly provided Agenda: To review and evaluate grant any time during the alien’s activities material support to terrorist activities applications. discussed in paragraph (a), it was a that targeted noncombatant persons, Place: National institutes of Health, DEM U.S. citizens, or U.S. interests; II, 6707 Democracy Boulevard, Suite 941, terrorist organization as described in Bethesda, MD 20892. subsection 212(a)(3)(B)(vi)(III), 8 U.S.C. (5) Has not received training that itself Contact Person: John K. Hayes, Ph.D., 1182(a)(3)(B)(vi)(III), insofar as that poses a risk to the United States or Scientific Review Officer, National Institute organization: United States interests (e.g., training on of Biomedical Imaging and Bioengineering, (1) Is not identified in either production or use of a weapon of mass National Institutes of Health, 6707 Executive Order 13224, as amended, or destruction, as defined by 18 U.S.C.

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Section 2332a(c)(2), torture, or This determination is based on an also be submitted via the Federal espionage); assessment related to the national eRulemaking Portal Web site at http:// (6) Poses no danger to the safety and security and foreign policy interests of www.Regulations.gov under e-Docket ID security of the United States; the United States as they apply to the number USCIS–2008–0006. (7) Is not in removal proceedings or particular persons described herein and All submissions received must subject to a final order of removal, shall not have any application with include the agency name and Docket ID. unless the alien is the beneficiary of an respect to other persons or to other Regardless of the method used for I–730 Refugee/Asylee Relative Petition; provisions of U.S. law. submitting comments or material, all and Dated: August 10, 2012. submissions will be posted, without (8) Warrants an exemption from the change, to the Federal eRulemaking Janet Napolitano, relevant inadmissibility provision(s) in Portal at http://www.regulations.gov, the totality of the circumstances. Secretary of Homeland Security. and will include any personal Implementation of this determination [FR Doc. 2012–20278 Filed 8–16–12; 8:45 am] information you provide. Therefore, will be made by U.S. Citizenship and BILLING CODE 9110–9M–P submitting this information makes it Immigration Services (USCIS), which public. You may wish to consider shall ascertain, to its satisfaction and in limiting the amount of personal its discretion, that the particular DEPARTMENT OF HOMELAND information that you provide in any applicant meets each of the criteria set SECURITY voluntary submission you make to DHS. forth above. DHS may withhold information When considering the totality of the U.S. Citizenship and Immigration Services provided in comments from public circumstances, factors to be considered viewing that it determines may impact may include, among others: The nature [OMB Control Number 1615–0019] the privacy of an individual or is of the activities committed by the offensive. For additional information, terrorist organization, including the Agency Information Collection please read the Privacy Act notice that extent to which the activities have Activities: Application for Removal, is available via the link in the footer of targeted noncombatant persons; the Form I–243; Revision of a Currently http://www.regulations.gov. alien’s awareness of those activities; the Approved Collection Written comments and suggestions amount, type, and frequency of material from the public and affected agencies support or solicitation provided; the ACTION: 60-Day Notice. should address one or more of the length and nature of military-type The Department of Homeland following four points: training provided; the length of time (1) Evaluate whether the proposed since material support or solicitation Security, U.S. Citizenship and Immigration Services (USCIS) will be collection of information is necessary was provided, or military-type training for the proper performance of the was received, and the alien’s conduct submitting the following information collection request for review and functions of the agency, including since that time; and any other relevant whether the information will have factor. clearance in accordance with the Paperwork Reduction Act of 1995. The practical utility; This exercise of authority may be (2) Evaluate the accuracy of the information collection notice is revoked as a matter of discretion and agencies estimate of the burden of the published in the Federal Register to without notice at any time, with respect proposed collection of information, obtain comments from the public and to any and all persons subject to it. Any including the validity of the affected agencies. Comments are determination made under this exercise methodology and assumptions used; of authority as set out above can inform encouraged and will be accepted for (3) Enhance the quality, utility, and but shall not control a decision sixty days until October 16, 2012. clarity of the information to be regarding any subsequent benefit or During this 60 day period, USCIS will collected; and protection application, unless such be evaluating whether to revise the (4) Minimize the burden of the exercise of authority has been revoked. Form I–243. Should USCIS decide to collection of information on those who This exercise of authority shall not be revise Form I–243 we will advise the are to respond, including through the construed to prejudice, in any way, the public when we publish the 30-day use of appropriate automated, ability of the U.S. government to notice in the Federal Register in electronic, mechanical, or other commence subsequent criminal or civil accordance with the Paperwork technological collection techniques or proceedings in accordance with U.S. Reduction Act. The public will then other forms of information technology, law involving any beneficiary of this have 30 days to comment on any e.g., permitting electronic submission of exercise of authority (or any other revisions to the Form I–243. responses. person). Written comments and suggestions This exercise of authority creates no regarding items contained in this Overview of This Information substantive or procedural right or information collection notice, and Collection benefit that is legally enforceable by any especially with regard to the estimated (1) Type of Information Collection: party against the United States or its public burden and associated response Extension, without change, of a agencies or officers or any other person. time, should be directed to the currently approved collection. NOTE: In accordance with section Department of Homeland Security On July 18, 2012, a 60-day information 212(d)(3)(B)(ii) of the INA, 8 U.S.C. (DHS), USCIS, Office of Policy and collection notice was published in the 1182(d)(3)(B)(ii), a report on the aliens Strategy, Laura Dawkins, Chief, Federal Register at 77 FR 42322 in to whom this exercise of authority is Regulatory Coordination Division, 20 error. All comments should be applied, on the basis of case-by-case Massachusetts Avenue NW., submitted to USCIS through this notice. decisions by the U.S. Department of Washington, DC 20529. Comments may (2) Title of the Form/Collection: Homeland Security, shall be provided to be submitted to DHS via email at Application for Removal. the specified congressional committees [email protected] and must (3) Agency form number, if any, and not later than 90 days after the end of include OMB Control Number 1615– the applicable component of the the fiscal year. 0019 in the subject box. Comments may Department of Homeland Security

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sponsoring the collection: Form I–243; Written comments and suggestions (5) An estimate of the total number of U.S. Citizenship and Immigration regarding items contained in this notice, respondents and the amount of time Services. and especially with regard to the estimated for an average respondent to (4) Affected public who will be asked estimated public burden and associated respond: 10 responses at 30 minutes (.50 or required to respond, as well as a brief response time should be directed to the hours) per response. abstract: Primary: Individuals and Department of Homeland Security (6) An estimate of the total public households. The information provided (DHS), Rich Mattison, Chief, Records burden (in hours) associated with the on this form allows the USCIS to Management, U.S. Immigration and collection: 300 annual burden hours determine eligibility for an applicant’s Customs Enforcement, 500 12th Street Comments and/or questions; requests request for removal from the United SW., Stop 5705, Washington, DC 20536; for a copy of the proposed information States. (202) 732–4356. collection instrument, with instructions; (5) An estimate of the total number of Comments are encouraged and will be or inquiries for additional information respondents and the amount of time accepted for sixty days until October 16, should be directed to: Rich Mattison, estimated for an average respondent to 2012. Written comments and Chief, Records Management, U.S. respond: 10 responses at .50 hours (30 suggestions from the public and affected Immigration and Customs Enforcement, minutes) per response. agencies concerning the proposed 500 12th Street SW., Stop 5705, (6) An estimate of the total public collection of information should address Washington, DC 20536; (202) 732–4356. burden (in hours) associated with the one or more of the following four points: Dated: Aug 8, 2012. collection: 5 annual burden hours. (1) Evaluate whether the proposed If you have additional comments, Rich Mattison, collection of information is necessary suggestions, or need a copy of the Chief, Records Management, U.S. proposed information collection for the proper performance of the Immigration and Customs Enforcement, instrument with instructions, or functions of the agency, including Department of Homeland Security. additional information, please visit the whether the information will have [FR Doc. 2012–19745 Filed 8–16–12; 8:45 am] practical utility; Federal eRulemaking Portal site at: BILLING CODE 9111–28–P http://www.regulations.gov. (2) Evaluate the accuracy of the We may also be contacted at: USCIS, agencies estimate of the burden of the Office of Policy and Strategy, Regulatory proposed collection of information, DEPARTMENT OF HOUSING AND Coordination Division, 20 including the validity of the URBAN DEVELOPMENT Massachusetts Avenue NW., methodology and assumptions used; Washington, DC 20529, Telephone (3) Enhance the quality, utility, and [Docket No. FR–5601–N–32] number 202–272–1470. clarity of the information to be collected; and Federal Property Suitable as Facilities Dated: August 8, 2012. (4) Minimize the burden of the To Assist the Homeless Laura Dawkins, collection of information on those who AGENCY: Office of the Assistant Chief Regulatory Coordinator, Regulatory are to respond, including through the Coordination Division, Office of Policy and Secretary for Community Planning and Strategy, U.S. Citizenship and Immigration use of appropriate automated, Development, HUD. Services, Department of Homeland Security. electronic, mechanical, or other ACTION: Notice. [FR Doc. 2012–20250 Filed 8–16–12; 8:45 am] technological collection techniques or other forms of information technology, SUMMARY: In accordance with 24 CFR BILLING CODE 9111–97–P e.g., permitting electronic submission of part 581 and section 501 of the Stewart responses. B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD DEPARTMENT OF HOMELAND Overview of This Information SECURITY publishes a weekly Federal Register Collection notice listing unutilized, underutilized, United States Immigration and (1) Type of Information Collection: excess, and surplus Federal property Customs Enforcement Extension, without change, of an reviewed by HUD for suitability for use existing information collection. to assist the homeless. HUD generally Agency Information Collection (2) Title of the Form/Collection: publishes this weekly report each Activities: Extension, Without Change, Affidavit in Lieu of Lost Receipt of Friday. Today’s notice announces that of an Existing Information Collection; United States for Collateral Accepted as due to the size of HUD’s next report, the Comment Request. Security. Office of the Federal Register has (3) Agency form number, if any, and informed HUD that it cannot ACTION: 60-Day Notice of Information the applicable component of the accommodate HUD’s request to Collection; I–395; Affidavit in Lieu of Department of Homeland Security schedule publication of the report on Lost Receipt of United States ICE for sponsoring the collection: (No. Form I– Friday, August 17, 2012. As a result, Collateral Accepted as Security; OMB 395); U.S. Immigration and Customs HUD’s next report listing unutilized, Control No. 1653–0045. Enforcement. underutilized, excess, and surplus The Department of Homeland (4) Affected public who will be asked Federal property will be published in Security, U.S. Immigration and Customs or required to respond, as well as a brief the Federal Register on Wednesday, Enforcement (ICE), will submit the abstract: Primary: State, Local, or Tribal August 29, 2012. following information collection request Government. Section 404(b) of the FOR FURTHER INFORMATION CONTACT: for review and clearance in accordance Immigration and Nationality Act (8 Juanita Perry, Department of Housing with the Paperwork Reduction Act of U.S.C. 1101 note) provides for the and Urban Development, 451 Seventh 1995. The information collection is reimbursement to States and localities Street SW., Room 7266, Washington, DC published to obtain comments from the for assistance provided in meeting an 20410; telephone (202) 402–3970; TTY public and affected agencies. Comments immigration emergency. This collection number for the hearing- and speech- are encouraged and will be accepted for of information allows for State or local impaired (202) 708–2565 (these sixty days until October 16, 2012. governments to request reimbursement. telephone numbers are not toll-free), or

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call the toll-free Title V information line Comments concerning the with a request for a Presidential Permit. at 1–800–927–7588. application, the draft Environmental The U.S. Department of State (DOS) SUPPLEMENTARY INFORMATION: In Assessment (DEA), or the draft Habitat published a notice of intent (NOI) to accordance with 24 CFR part 581 and Conservation Plan (DHCP) should be prepare an environmental impact section 501 of the Stewart B. McKinney submitted in writing, by one of the statement in the Federal Register on Homeless Assistance Act (42 U.S.C. following methods: January 28, 2009 (74 FR 5019), and _ _ 11411), as amended, HUD publishes a Email: Keystone HCP [email protected]; or public scoping meetings were weekly notice in the Federal Register U.S. mail: Field Supervisor, conducted in connection with the listing Federal buildings and other real Oklahoma Ecological Services Field applicant’s requested Presidential property that HUD has reviewed for Office, U.S. Fish and Wildlife Service, Permit. The proposed Keystone XL suitability for use to assist the homeless. 9014 E. 21st St., Tulsa, OK 74129. Pipeline Project extended from Canada The properties are reviewed using Please refer to Permit number to the Gulf Coast. A draft environmental information provided to HUD by TE80492A–0 when submitting impact statement was prepared by the comments. Please specify if comments Federal landholding agencies regarding DOS [EIS No. 20110290, Final EIS, DOS] are in reference to the DEA, DHCP, or unutilized and underutilized buildings for the Keystone XL Pipeline Project. both. and real property controlled by such The Environmental Protection Agency agencies or by GSA regarding its FOR FURTHER INFORMATION CONTACT: Dr. (EPA) published a notice of availability inventory of excess or surplus Federal Dixie Porter, at the U.S. Fish and of the Draft Environmental Impact property. HUD’s weekly notice is also Wildlife Service, Oklahoma Ecological Statement on April 20, 2010 (75 FR published in order to comply with the Services Field Office, 9014 E. 21st St., 51458). On August 26, 2011, the DOS December 12, 1988 Court Order in Tulsa, OK 74129, or by phone at 918– published a notice of availability (76 FR National Coalition for the Homeless v. 581–7458. 53525) of the final EIS and announced Veterans Administration, No. 88–2503– SUPPLEMENTARY INFORMATION: Under the public meetings to solicit comments for OG (D.D.C.). National Environmental Policy Act the Secretary of State’s (or her designee) (NEPA), we advise the public that: consideration of the Keystone XL Dated: August 9, 2012. 1. We have gathered the information Pipeline with a notice that no decision Ann Marie Oliva, necessary to determine impacts and would be made until the completion of Deputy Assistant Secretary for Special Needs formulate alternatives for the DEA a thorough review process. The EPA (Acting). related to the potential issuance of an published its notice of availability of the [FR Doc. 2012–20191 Filed 8–16–12; 8:45 am] incidental take permit (ITP) to final EIS in the Federal Register on BILLING CODE 4210–67–P TransCanada Keystone Pipeline, LP September 2, 2011 (76 FR 54767). A (applicant, Keystone); and Presidential Memorandum dated 2. The applicant has developed a February 1, 2012, directed the DEPARTMENT OF THE INTERIOR DHCP as part of the application for an Department of State to issue a denial of ITP (TE80492A–0), which describes the the Keystone XL Pipeline Presidential Fish and Wildlife Service measures Keystone has agreed to Permit application (77 FR 5614; [FWS–R2–ES–2012–N184; undertake to minimize and mitigate the February 3, 2012). FXES11120200000F2–123–FF02ENEH00] effects of incidental take of the federally Keystone continued to develop the listed American burying beetle Gulf Coast portion of the project, Draft Environmental Assessment and (Nicrophorus americanus; ABB) to the including working with the Service Draft Habitat Conservation Plan for maximum extent practicable, pursuant towards the development of an HCP for TransCanada Keystone Pipeline’s Gulf to section 10(a)(1)(B) of the Endangered the ABB. The Gulf Coast Project in this Coast Project in Oklahoma Species Act of 1973, as amended (Act). HCP follows the same route as the The requested ITP, which would be in previously proposed Keystone XL’s Gulf AGENCY: Fish and Wildlife Service, effect for a period of 50 years if granted, Coast Segment. Because the majority of Interior. would authorize incidental take of the impacts were previously analyzed in the ACTION: Notice of availability; request ABB (covered species) resulting from final EIS developed for the Keystone XL for comment. activities associated with construction, pipeline project, a DEA, that includes maintenance, operation, and repair the analysis from that EIS by reference, SUMMARY: We, the U.S. Fish and (both routine and emergency) of has been prepared in response to the Wildlife Service, announce the Keystone’s Gulf Coast Project and application for an ITP for the ABB. availability of the draft Environmental associated activities (covered activities). Proposed Action Assessment and draft Habitat As described in the DHCP, the proposed Conservation Plan for TransCanada incidental take would occur within the The proposed action involves the Keystone Pipeline’s (Keystone) Gulf ABB’s range in Oklahoma as identified issuance of an ITP by the Service for Coast Project in Oklahoma, under the by the Service, which includes portions incidental take of the ABB associated National Environmental Policy Act of of Creek, Okfuskee, Seminole, Hughes, with the construction, maintenance, 1969. Keystone has applied for an Coal, Atoka, and Bryan Counties, operation, and repair of the pipeline and incidental take permit under the Oklahoma (permit area). The DEA associated facilities occurring within the Endangered Species Act, that would considers the direct, indirect, and permit area. To meet the requirements authorize incidental take of the cumulative effects of the proposed of a section 10(a)(1)(B) ITP, the American burying beetle. action of permit issuance, including the applicant has developed and proposes DATES: To ensure consideration of your measures that would be implemented to to implement its DHCP, which describes written comments, we must receive minimize and mitigate such impacts to the conservation measures TransCanada them on or before close of business (4:30 the maximum extent practicable. has agreed to undertake to minimize p.m. CST) on September 17, 2012. and mitigate for the impacts of the ADDRESSES: To obtain documents for Background proposed incidental take of the covered review, see Reviewing Documents in The Keystone XL Pipeline Project was species to the maximum extent SUPPLEMENTARY INFORMATION. previously proposed by TransCanada, practicable, and ensures that incidental

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take will not appreciably reduce the 1306, Room 6034, Albuquerque, NM SUMMARY: In accordance with the likelihood of the survival and recovery 87103. National Environmental Policy Act of of the ABB in the wild. Persons wishing to review the Keystone 1969, as amended, and the Federal Land Policy and Management Act of 1976, as Other Alternatives Considered XL Pipeline Project final EIS may obtain a copy from the Department of State’s amended, the Bureau of Land Our proposed action is approving the Web site at: http://keystonepipeline-xl. Management (BLM) has prepared a applicant’s DHCP and issuance of an state.gov/archive/dos_docs/feis/index. Final Environmental Impact Statement ITP for take associated with the htm. (EIS) for the Lost Creek Uranium In Situ applicant’s covered activities. As Recovery (ISR) Project and by this required by NEPA, the DEA considers Public Availability of Comments notice is announcing its availability. the consequences to the human All comments we receive become part DATES: The BLM will not issue a final environmental of the proposed HCP and of the public record. Requests for copies decision on the proposal for a minimum two alternatives; the No Action of comments will be handled in of 30 days from the date that the Alternative and a Reduced Permit accordance with the Freedom of Environmental Protection Agency Duration Alternative. Under the No Information Act, NEPA, and Service and publishes this notice in the Federal Action Alternative, Keystone would not Department of the Interior policies and Register. apply for and we would not issue an procedures. Before including your ADDRESSES: Copies of the Lost Creek ITP. The No-Action Alternative does not address, phone number, email address, Uranium ISR Project Final EIS are meet Keystone’s need for take or other personal identifying available for public inspection at: authorization and would not provide information in your comment, you • Bureau of Land Management, any conservation benefits for the ABB. should be aware that your entire Wyoming State Office, 5353 Under the Reduced Permit Duration comment—including your personal Yellowstone Road, Cheyenne, Wyoming Alternative, the applicant would identifying information—may be made 82009; employ the same avoidance and publicly available at any time. While • Bureau of Land Management, High minimization measures described under you can ask us to withhold your Desert District Office, 280 Highway 191 the Proposed Alternative, but they personal identifying information from North, Rock Springs, Wyoming 82901; would pursue an ITP only for public review, we cannot guarantee we • Bureau of Land Management, construction and restoration activities, will be able to do so. We will not Rawlins Field Office, 1300 N. Third not to exceed 5 years. This alternative consider anonymous comments. All Street, Rawlins, Wyoming 82301; and would not meet Keystone’s need for submissions from organizations or • Bureau of Land Management, incidental take authorization for businesses, and from individuals Lander Field Office, 1335 Main Street, operation and maintenance activities identifying themselves as Lander, Wyoming 82520. post-construction. Additionally, this representatives or officials of Interested persons may also review alternative provides less conservation organizations or businesses, will be the Final EIS on the Internet at: benefit for the covered species than made available for public disclosure in http://www.blm.gov/wy/st/en/info/ would the Proposed Action. their entirety. NEPA/documents/rfo/lostcreek.html. FOR FURTHER INFORMATION CONTACT: John Reviewing Documents Authority Russell, Project Manager, telephone: You may obtain copies of the DEA We provide this notice under section 307–328–4252; address: Bureau of Land and DHCP on the Service’s Web site at 10(c) of the Act (16 U.S.C. 1531 et seq.) Management, Rawlins Field Office, 1300 http://www.fws.gov/southwest/es/ and its implementing regulations (50 N. Third Street, P.O. Box 2407, Rawlins, Oklahoma/. CFR 17.22 and 17.32), and the National Wyoming 82301; email: Alternatively, you may obtain CD– Environmental Policy Act (42 U.S.C. [email protected]. Persons ROMs with electronic copies of these 4371 et seq.) and its implementing who use a telecommunications device documents by writing to Dr. Dixie regulations (40 CFR 1506.6). for the deaf (TDD) may call the Federal Porter, Field Supervisor, U.S. Fish and Joy E. Nicholopoulos, Information Relay Service (FIRS) at 1– Wildlife Service, 9014 E. 21st St., Tulsa, 800–877–8339 to contact the above OK 74129; calling 918–581–7458; or Acting Regional Director, Southwest Region, Albuquerque, New Mexico. individual during normal business faxing 918–581–7467. A limited number hours. The FIRS is available 24 hours a of printed copies of the DEA and DHCP [FR Doc. 2012–20349 Filed 8–16–12; 8:45 am] day, 7 days a week, to leave a message are also available, by request, from Dr. BILLING CODE 4310–55–P or question with the above-named Porter. Copies of the DEA and DHCP are individual. You will receive a reply also available for public inspection and DEPARTMENT OF THE INTERIOR during normal business hours. review by appointment only, during SUPPLEMENTARY INFORMATION: normal business hours (8 a.m. to 4:30 Bureau of Land Management Development of Federal locatable p.m. CST) at the following locations: minerals by private industry is part of • Department of the Interior, Natural [LLWYD03000.L51100000. the BLM’s mineral program under the Resources Library, 1849 C. St. NW., GN0000.LVEMK10CW580–WYW–166318] authority of 43 CFR 3800. The Washington, DC 20240; applicant, Lost Creek ISR, LLC (Lost • U.S. Fish and Wildlife Service, 500 Notice of Availability of the Final Creek), has filed a plan of operations Gold Avenue SW., Room 6034, Environmental Impact Statement for pursuant to the 43 CFR 3809 regulations Albuquerque, NM 87102; and the Lost Creek Uranium In Situ to construct a uranium ore recovery • U.S. Fish and Wildlife Service, Recovery Project in Sweetwater plant, an access road to the site, and a 9014 E. 21st St., Tulsa, OK 74129. County, WY pipeline system for the flow of oxidizing Persons wishing to review the AGENCY: Bureau of Land Management, leach solution to injection wells and the application may obtain a copy by Interior. return of fluids from recovery wells to writing to the Regional Director, U.S. the recovery plant site; to drill injection, ACTION: Notice of availability. Fish and Wildlife Service, P.O. Box recovery and monitoring wells; and to

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construct associated facilities such as the proposed action, yellowcake slurry the survey plat listed below. The plat parking lots, power lines, etc. (30–50 percent solids) would be will be available for viewing at http:// Development and recovery of the produced; however, the slurry would be www.glorecords.blm.gov. uranium consists of dissolving filter-pressed to remove additional DATES: The plat described in this notice underground uranium-bearing minerals water, dried, and packaged on-site. was filed on July 27, 2012. into solution and then bringing the Housing the drying-packing facility ADDRESSES: BLM Colorado State Office, solution to the surface facility for within the processing plant would Cadastral Survey, 2850 Youngfield concentration. The Lost Creek ISR reduce shipments from the site, Street, Lakewood, Colorado 80215– Project is located about 40 miles resulting in fewer transportation-related 7093. northwest of Rawlins, Wyoming, in impacts, fewer wildlife disturbances, Sweetwater County. and cleaner air quality. FOR FURTHER INFORMATION CONTACT: The project is located in the following The Notice of Intent (NOI) to prepare Randy Bloom, Chief Cadastral Surveyor area: an Environmental Impact Statement for Colorado, (303) 239–3856. Persons who use a Sixth Principal Meridian (EIS) was published in the Federal telecommunications device for the deaf T. 25 N., R. 92 W., Register on February 11, 2011 (76 FR 1 1 1 1 1 1 7877). The scoping comments received (TDD) may call the Federal Information Sec. 17, S ⁄2NE ⁄4NE ⁄4, S ⁄2NW ⁄4NE ⁄4, Relay Service (FIRS) at 1–800–877–8339 S1⁄2NE1⁄4NW1⁄4, S1⁄2NW1⁄4NW1⁄4, S1⁄2N1⁄2, in response to the NOI were used during and S1⁄2; the preparation of the Draft EIS to help to contact the above individual during Sec. 18, lots 2 to 4, inclusive, identify impacts expected as a result of normal business hours. The FIRS is S1⁄2NE1⁄4NE1⁄4, S1⁄2SW1⁄4NE1⁄4, the proposed action and to develop the available 24 hours a day, 7 days a week, SE1⁄4NE1⁄4, S1⁄2SE1⁄4NW1⁄4, E1⁄2SW1⁄4, No Action Alternative, the ‘‘Not- to leave a message or question with the 1 and SE ⁄4; Fencing-The-Pattern-Areas’’ Alternative, above individual. You will receive a Sec. 19; and the ‘‘Drying-Yellowcake-On-Site’’ reply during normal business hours. Sec. 20, N1⁄2N1⁄2, W1⁄2SW1⁄4NW1⁄4, and SUPPLEMENTARY INFORMATION: W1⁄2W1⁄2SW1⁄4; Alternative. A 45-day comment period The 1 Sec. 29, NW1⁄4NW1⁄4NW1⁄4; for the Draft EIS ran from April 27, supplemental plat of the SW ⁄4 of Sec. 30, lots 5 to 9, inclusive, and lots 16 2012, through June 11, 2012, as Section 30, in Township 5 South, Range and 17; announced in the Federal Register on 83 West, Sixth Principal Meridian, Sec. 31, lot 8. April 27, 2012 (77 FR 25193). The BLM Colorado, was accepted and filed on T. 25 N., R. 93 W., prepared the Final EIS in coordination July 27, 2012. Sec. 13, SE1⁄4SE1⁄4NE1⁄4, S1⁄2S1⁄2, with the State of Wyoming, Sweetwater S1⁄2N1⁄2S1⁄2, and NE1⁄4NE1⁄4SE1⁄4; Randy Bloom, County, and Carbon County, which Sec. 24; Chief Cadastral Surveyor for Colorado. Sec. 25. participated as formal cooperating agencies during the EIS process. The [FR Doc. 2012–20221 Filed 8–16–12; 8:45 am] The areas described aggregate 3,737 BLM also closely coordinated with the BILLING CODE 4310–JB–P acres of BLM-managed land. The total project area, including both BLM- United States Fish and Wildlife Service and the Environmental Protection managed and State lands, is DEPARTMENT OF THE INTERIOR approximately 4,377 acres. The BLM Agency. Comments received from the public would approve approximately 345 acres Bureau of Land Management on the Draft EIS and internal BLM of actual surface disturbance. Most of review were considered and [LLIDI00000–L10200000–MJ0000] the surface disturbance would be related incorporated as appropriate into the to construction of pads for wells used to Final EIS. Public comments resulted in Notice of Public Meeting, Idaho Falls extract uranium in solution from the the addition of clarifying text, but did District Resource Advisory Council site. The plant site would comprise not significantly change proposed Meeting approximately 10 acres, including decisions. parking space for 50–60 employees. AGENCY: Bureau of Land Management, Multiple subsurface ore bodies ranging Stephanie A. Connolly, Interior. in depth from 300–700 feet below the Acting Associate State Director. ACTION: Notice of Public Meetings. surface are found at the site. Each of the three separate production areas Authority: 40 CFR 1506.6, 40 CFR 1506.10. SUMMARY: In accordance with the containing uranium would be [FR Doc. 2012–20175 Filed 8–16–12; 8:45 am] Federal Land Policy and Management established and mined, one at a time. It BILLING CODE 4310–22–P Act (FLPMA) and the Federal Advisory is expected that mining operations Committee Act of 1972 (FACA), the U.S. would last about 8 years. An estimated Department of the Interior, Bureau of additional 3 years would be required for DEPARTMENT OF THE INTERIOR Land Management (BLM) Idaho Falls District Resource Advisory Council startup and closure of the site for a total Bureau of Land Management project length of 11 years. A proposed (RAC), will meet as indicated below. final reclamation plan for the project [LLCO956000 L14200000.BJ0000] DATES: The Idaho Falls District RAC will area has been submitted. All surface meet in Idaho Falls, Idaho on September facilities would be removed when the Notice of Filing of Plats 18–19, 2012 for a two-day meeting at the Upper Snake Field Office, 1405 project is completed and the land re- AGENCY: Bureau of Land Management, contoured to near predisturbance Interior. Hollipark Drive, Idaho Falls, Idaho. The first day will begin at 10:30 a.m. and condition and re-vegetated. ACTION: Notice of Filing of Plats; adjourn at 4:30 p.m. The second day The BLM has selected the Drying Colorado. Yellowcake On-Site Alternative as the will begin at 8:30 a.m. and adjourn preferred alternative. Under this SUMMARY: The Bureau of Land around 12:30 p.m. alternative, a yellowcake drying and Management (BLM) Colorado State SUPPLEMENTARY INFORMATION: The 15- packing facility would be constructed Office is publishing this notice to member Council advises the Secretary and operated at the permit area. As with inform the public of the official filing of of the Interior, through the BLM, on a

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variety of planning and management Abandoned Mine Land (AML) While you can ask us in your comment issues associated with public land Contractor Information form. This to withhold your personal identifying management in the BLM Idaho Falls information collection activity was information from public review, we District, which covers eastern Idaho. previously approved by the Office of cannot guarantee that we will be able to Items on the agenda will include an Management and Budget (OMB), and do so. overview of current issues affecting the assigned clearance number 1029–0119. Title: 30 CFR 874.16—Contractor BLM, review and approval of past DATES: Comments on the proposed eligibility, and the AML Contractor meeting minutes and a public comment information collection must be received Information form. period. Following those discussions, the by October 16, 2012, to be assured of OMB Control Number: 1029–0119. Council will review the Fisher Bottoms consideration. Summary: 30 CFR 874.16 requires acquisition along the South Fork of the that every successful bidder for an AML Snake River and travel to the site to ADDRESSES: Comments may be mailed to contract must be eligible under 30 CFR discuss and provide the field office with John A. Trelease, Office of Surface 773.15(b)(1) at the time of contract input on how to preserve the site for the Mining Reclamation and Enforcement, award to receive a permit or conditional public. At 8:30 a.m. on September 19, 1951 Constitution Ave. NW., Room permit to conduct surface coal mining the RAC will meet again to discuss the 203—SIB, Washington, DC 20240. operations. Further, the regulation sage-grouse amendment process, Comments may also be submitted requires the eligibility to be confirmed domestic/bighorn sheep issues, current electronically to [email protected]. by OSM’s automated AVS and the litigation, the Challis wild horse gather, FOR FURTHER INFORMATION CONTACT: To contractor must be eligible under the and review the Curlew/Deep Creeks receive a copy of the information regulations implementing Section 510(c) Travel Management plan. Agenda items collection request contact John Trelease, of the Surface Mining Act to receive and location may change due to weather at (202) 208–2783 or by email at permits to conduct mining operations. and other environmental circumstances. [email protected]. The AML Contractor Information form All meetings are open to the public. SUPPLEMENTARY INFORMATION: OMB provides a tool for OSM and the States/ The public may present written regulations at 5 CFR 1320, which Indian tribes to help them prevent comments to the Council. Each formal implementing provisions of the persons with outstanding violations Council meeting will also have time Paperwork Reduction Act of 1995 (Pub. from conducting further mining or AML allocated for hearing public comments. L. 104–13), require that interested reclamation activities in the State. Depending on the number of persons members of the public and affected Bureau Form Number: None. wishing to comment and time available, agencies have an opportunity to Frequency of Collection: Once per the time for individual oral comments comment on information collection and contract. Description of Respondents: AML may be limited. Individuals who plan to recordkeeping activities [see 5 CFR contract applicants and State and tribal attend and need special assistance, such 1320.8(d)]. This notice identifies AML authorities. as sign language interpretation, tour information collection that OSM will be Total Annual Responses: 279 bidders transportation or other reasonable submitting to OMB for approval. This and 46 State responses. accommodations, should contact the collection is contained in 30 CFR 874.16 Total Annual Burden Hours: 169. BLM as provided below. and the Abandoned Mine Land FOR FURTHER INFORMATION CONTACT: Contractor Information form. OSM will Dated: August 7, 2012. Sarah Wheeler, RAC Coordinator, Idaho request a 3-year term of approval for Andrew F. DeVito, Falls District, 1405 Hollipark Dr., Idaho each information collection activity. An Chief, Division of Regulatory Support. Falls, ID 83401. Telephone: (208) 524– agency may not conduct or sponsor, and [FR Doc. 2012–19836 Filed 8–16–12; 8:45 am] 7550. Email: [email protected]. a person is not required to respond to, BILLING CODE 4310–05–M Dated: August 9, 2012. a collection of information unless it Joe Kraayenbrink, displays a currently valid OMB control District Manager, Idaho Falls District. number. The OMB control number for DEPARTMENT OF THE INTERIOR this collection is 1029–0119. Responses [FR Doc. 2012–20219 Filed 8–16–12; 8:45 am] Office of Surface Mining Reclamation BILLING CODE 4310–GG–P are required to obtain a benefit. Comments are invited on: (1) The and Enforcement need for the collection of information Notice of Proposed Information DEPARTMENT OF THE INTERIOR for the performance of the functions of the agency; (2) the accuracy of the Collection Office of Surface Mining Reclamation agency’s burden estimates; (3) ways to AGENCY: Office of Surface Mining and Enforcement enhance the quality, utility and clarity Reclamation and Enforcement, Interior. of the information collection; and (4) Notice of Proposed Information ACTION: Notice and request for ways to minimize the information comments. Collection collection burden on respondents, such AGENCY: Office of Surface Mining as use of automated means of collection SUMMARY: In compliance with the Reclamation and Enforcement, Interior. of the information. A summary of the Paperwork Reduction Act of 1995, the ACTION: Notice and request for public comments will accompany Office of Surface Mining Reclamation comments. OSM’s submission of the information and Enforcement (OSM) is announcing collection request to OMB. its intention to request approval to SUMMARY: In compliance with the Before including your address, phone continue the collection of information Paperwork Reduction Act of 1995, the number, email address, or other for our petition process for designation Office of Surface Mining Reclamation personal identifying information in your of Federal lands as unsuitable for all or and Enforcement (OSM) is announcing comment, you should be aware that certain types of surface coal mining its intention to seek approval to your entire comment—including your operations and for termination of continue the collection of information personal identifying information—may previous designations. This information for the contractor eligibility, and the be made publicly available at any time. collection activity was previously

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approved by the Office of Management While you can ask us in your comment Public hearings are scheduled to be and Budget (OMB), and assigned to withhold your personal identifying held on the amendments to: clearance number 1029–0098. information from public review, we • Appellate Rules in Chicago, Illinois, DATES: Comments on the proposed cannot guarantee that we will be able to on January 18, 2013, and in Washington, information collection activity must be do so. DC, on February 1, 2013; • received by October 16, 2012, to be This notice provides the public with Bankruptcy Rules in Chicago, assured of consideration. 60 days in which to comment on the Illinois, on January 18, 2013, and in following information collection Washington, DC, on February 1, 2013; ADDRESSES: Comments may be mailed to activity: • Criminal Rules in Boston, John Trelease, Office of Surface Mining Title: 30 CFR part 769—Petition Masssachusetts, on January 4, 2013, and Reclamation and Enforcement, 1951 process for designation of Federal lands in Washington DC, on January 28, 2013; Constitution Ave. NW., Room 203—SIB, as unsuitable for all or certain types of and Washington, DC 20240. Comments may surface coal mining operations and for • Evidence Rules in Boston, also be submitted electronically to termination of previous designations. Massachusetts, on January 4, 2013, and [email protected]. OMB Control Number: 1029–0098. in Washington, DC, on January 22, 2013. FOR FURTHER INFORMATION CONTACT: To Summary: This Part establishes the Those wishing to testify should receive a copy of the information minimum procedures and standards for contact the Secretary at the address collection request John Trelease at (202) designating Federal lands unsuitable for below in writing at least 30 days before 208–2783 or by email at certain types of surface mining the hearing. All written comments and [email protected]. operations and for terminating suggestions with respect to the proposed designations pursuant to a petition. The amendments must be placed in the SUPPLEMENTARY INFORMATION: OMB regulations at 5 CFR 1320, which information requested will aid the hands of the Secretary as soon as implement provisions of the Paperwork regulatory authority in the decision convenient and not later than February Reduction Act of 1995 (Pub. L. 104–13), making process to approve or 15, 2013. They can be sent by one of the require that interested members of the disapprove a request. following three ways: by mail to Bureau Form Number: None. public and affected agencies have an Secretary, Committee on Rules of Frequency of Collection: Once. opportunity to comment on information Practice and Procedure of the Judicial Description of Respondents: People Conference of the United States, collection and recordkeeping activities who may be adversely affected by [see 5 CFR 1320.8 (d)]. This notice Thurgood Marshall Federal Judiciary surface mining on Federal lands. Building, Washington, DC 20544; by identifies an information collection that Total Annual Responses: 1. _ OSM will be submitting to OMB for electronic mail at Rules Comments Total Annual Burden Hours: 1,000 @ao.uscourts.gov; or by facsimile to renewed approval. This collection is hours. contained in 30 CFR Part 769—Petition (202) 502–1755. In accordance with process for designation of Federal lands Dated: August 7, 2012. established procedures all comments as unsuitable for all or certain types of Andrew F. DeVito, submitted are available for public surface coal mining operations and for Chief, Division of Regulatory Support. inspection. The text of the proposed rules termination of previous designations. [FR Doc. 2012–19837 Filed 8–16–12; 8:45 am] amendments and the accompanying OSM will request a 3-year term of BILLING CODE 4310–05–M Committee Notes can be found at the approval for this information collection United States Federal Courts’ Web site activity. An agency may not conduct or at http://www.uscourts.gov/ sponsor, and a person is not required to JUDICIAL CONFERENCE OF THE rulesandpolicies/rules.aspx/. respond to, a collection of information UNITED STATES unless it displays a currently valid OMB FOR FURTHER INFORMATION CONTACT: control number. The OMB control Hearings of the Judicial Conference Benjamin J. Robinson, Deputy Rules number for Part 769 is 1029–0098. Advisory Committees on Rules of Officer and Counsel, Administrative Responses are required to obtain a Appellate, Bankruptcy, and Criminal Office of the United States Courts, benefit. Procedure, and the Federal Rules of Washington, DC 20544, telephone (202) Comments are invited on: (1) The Evidence 502–1820. need for the collection of information Dated: August 15, 2012. AGENCY: Advisory Committees on Rules for the performance of the functions of of Appellate, Bankruptcy, and Criminal Benjamin J. Robinson, the agency; (2) the accuracy of the Procedure, and the Federal Rules of Deputy Rules Officer and Counsel. agency’s burden estimates; (3) ways to Evidence; Judicial Conference of the [FR Doc. 2012–20283 Filed 8–16–12; 8:45 am] enhance the quality, utility and clarity United States. BILLING CODE 2210–55–P of the information collection; and (4) ways to minimize the information ACTION: Notice of proposed amendments and open hearings. collection burden on respondents, such DEPARTMENT OF JUSTICE as use of automated means of collection SUMMARY: The Advisory Committees on of the information. A summary of the Rules of Appellate, Bankruptcy, and [OMB No. 1121–0065] public comments will accompany Criminal Procedure, and Rules of OSM’s submission of the information Agency Information Collection Evidence have proposed amendments to Activities; Existing Collection; collection request to OMB. the following rules: Before including your address, phone Comments Requested: Extension of a number, email address, or other Appellate Rule: 6. Currently Approved Collection; Bankruptcy Rules: 1014, 7004, 7008, 7012, personal identifying information in your National Corrections Reporting 7016, 7054, 8001–8028, 9023, 9024, 9027, Program comment, you should be aware that and 9033, and Official Forms 3A, 3B, 6I, 6J, your entire comment, including your 22A–1, 22A–2, 22B, 22C–1 and 22C–2. ACTION: 60-Day notice of information personal identifying information, may Criminal Rules: 5 and 58. collection under review. be made publicly available at any time. Evidence Rule 801 and 803.

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The Department of Justice (DOJ), collection: Form number(s): NCRP–1A, the NCRP collection, all of which are Bureau of Justice Statistics, will be NCRP–1B, NCRP–1C, and NCRP–1D. likely available from the same databases submitting the following information Corrections Statistics Unit, Bureau of as existing data elements, and should collection request to the Office of Justice Statistics, Office of Justice therefore pose minimal additional Management and Budget (OMB) for Programs, United States Department of burden to the respondents, while greatly review and approval in accordance with Justice. enhancing BJS’ ability to better the Paperwork Reduction Act of 1995. (4) Affected public who will be asked characterize the corrections systems and The proposed information collection is or required to respond, as well as a brief populations it serves: published to obtain comments from the abstract: The National Corrections • Date and type of parole admission public and affected agencies. Comments Reporting Program (NCRP) is the only • Location of parole discharge or are encouraged and will be accepted for national data collection furnishing parole office sixty days until October 16, 2012. This annual individual-level information for • FBI identification number process is conducted in accordance with state prisoners at four points in the • Prior military service, date and type 5 CFR 1320.10. incarceration process: prison admission; of last discharge If you have comments especially on prison release; annual yearend prison BJS uses the information gathered in the estimated public burden or custody census; and discharge from NCRP in published reports and associated response time, suggestions, parole/community corrections statistics. The reports will be made or need a copy of the proposed supervision. BJS, the U.S. Congress, available to the U.S. Congress, Executive information collection instrument with researchers, and criminal justice Office of the President, practitioners, instructions or additional information, practitioners use these data to describe researchers, students, the media, others please contact Elizabeth Ann Carson, annual movements of adult offenders interested in criminal justice statistics, Ph.D., Bureau of Justice Statistics, 810 through state correctional systems, as and the general public via the BJS Web Seventh Street NW., Washington, DC well as to examine long term trends in site. 20531 (phone: 202–616–3496). time served in prison, demographic and (5) An estimate of the total number of Written comments and suggestions offense characteristics of inmates, respondents and the amount of time from the public and affected agencies sentencing practices in the states that estimated for an average respondent to concerning the proposed collection of submit data, transitions between respond: BJS anticipates 57 respondents information are encouraged. Your incarceration and community to NCRP for report year 2012: 50 state comments should address one or more corrections, and recidivism. Providers of respondents; the California Juvenile of the following four points: the data are personnel in the states’ Justice Division; and six separate state —Evaluate whether the proposed Departments of Corrections and Parole, parole boards. Each respondent collection of information is necessary and all data are submitted on a currently submitting NCRP data will for the proper performance of the voluntary basis. The NCRP collects the require an estimated 28 hours of time to functions of the agency, including following administrative data on each supply the information for their annual whether the information will have inmate in participating states’ custody: caseload and an additional 3 hours practical utility; • County of sentencing documenting or explaining the data for —Evaluate the accuracy of the agencies • State inmate identification number a total of 1,200 hours. For the 15 states estimate of the burden of the • Dates of: Birth; prison admission; which have never submitted data or are proposed collection of information, prison release; parole discharge; parole returning to NCRP submission following including the validity of the eligibility hearing; projected prison a lapse of several years, the total first methodology and assumptions used; release; mandatory prison release year’s burden estimate is 933 hours, —Enhance the quality, utility, and • First and last names which includes the time required for clarity of the information to be • Demographic information: sex; race; developing or modifying computer collected; and Hispanic origin; education level —Minimize the burden of the collection programs to extract the data, performing • Offense type and number of counts and checking the extracted data, and of information on those who are to per inmate for a maximum of three respond, including through the use of submitting it electronically to BJS’ data convicted offenses per inmate collection agency via SFTP. The total appropriate automated, electronic, • Prior time spent in prison and jail, mechanical, or other technological burden for all 57 NCRP data providers and prior felony convictions is 2,133 hours for report year 2012. collection techniques or other forms • Total sentence length imposed of information technology, e.g., Starting with report year 2013, this • Additional offenses and sentence burden will decrease to 1,326 hours permitting electronic submission of time imposed since prison admission responses. since all states will have data extract • Type of facility where inmate is programs created and need only make Overview of This Information serving sentence (for yearend custody minor modifications to obtain report Collection census records only, the name of the year 2013 data. All states submit data facility is requested) via a secure file transfer protocol (SFTP) (1) Type of Information Collection: • Extension of a currently approved Type of prison admission electronic upload. • Type of prison release (6) An estimate of the total public collection. • (2) Title of the Form/Collection: Whether inmate was AWOL/escape burden (in hours) associated with the National Corrections Reporting Program during incarceration collection: There are an estimated 2,133 • (NCRP). The collection includes the Agency assuming custody of inmate total burden hours associated with this forms: Prisoner Admission Report, released from prison (parole records collection for report year 2013. Prisoner Release Report, Parole Release only) If additional information is required • Report, Prisoners in Custody at Yearend Supervision status prior to contact: Jerri Murray, Department Report. discharge from parole and type of Clearance Officer, United States (3) Agency form number, if any, and discharge Department of Justice, Justice the applicable component of the In addition, BJS is requesting OMB Management Division, Policy and Department of Justice sponsoring the clearance to add the following items to Planning Staff, Two Constitution

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Square, 145 N Street NE., Washington, [email protected], fax information are encouraged. Your DC 20530. number (202) 514–0097, phone comments should address one or more confirmation number (202) 514–5271. In of the following three points: Jerri Murray, requesting a copy from the Consent (1) Evaluate whether the proposed Department Clearance Officer, PRA, U.S. Decree Library, please enclose a check collection of information is necessary Department of Justice. in the amount of $3.00 (25 cents per for the proper performance of the [FR Doc. 2012–20180 Filed 8–16–12; 8:45 am] page reproduction cost) payable to the functions of the agency/component, BILLING CODE 4410–18–P U.S. Treasury, or, if by email or fax, including whether the information will forward a check in that amount to the have practical utility; Consent Decree Library at the stated (2) Evaluate the accuracy of the DEPARTMENT OF JUSTICE address. agency’s/component’s estimate of the burden of the proposed collection of the Notice of Lodging of Proposed Robert D. Brook, Amendment to the Consent Decree information, including the validity of Assistant Section Chief, Environmental the methodology and assumptions used; Under the Clean Air Act Enforcement Section, Environment and Natural Resources Division. (3) Enhance the quality, utility, and Notice is hereby given that on August clarity of the information to be [FR Doc. 2012–20246 Filed 8–16–12; 8:45 am] 13, 2012, pursuant to 28 CFR 50.7, a collected; and proposed Amendment to the Consent BILLING CODE 4410–15–P (4) Minimize the burden of the Decree (‘‘Amendment’’) in the matter of collection of information on those who United States v. Commonwealth of DEPARTMENT OF JUSTICE are to respond, including the use of Pennsylvania, et al., Civil Action No. appropriate automated, electronic, 4:10–cv–02672–CCC, was lodged with Federal Bureau of Investigation mechanical, or other technological the United States District Court for the collection techniques or other forms of Middle District of Pennsylvania. [OMB Number 1110–0021] information technology, e.g., permitting As a part of the Consent Decree in this electronic submission of responses. matter, the Pennsylvania Department of Proposed Collection, Comments Requested: FBI National Academy Overview of this information: Corrections and Department of General 1. Type of Information Collection: Post-Course Questionnaire for Services (collectively, the Approval of a reinstated collection. ‘‘Commonwealth’’) agreed to control Graduates and FBI National Academy 2. Title of the Forms: particulate matter emissions at its Post-Course Questionnaire for FBI National Academy Post-Course Huntingdon, Pennsylvania facility (‘‘the Supervisors of Graduates; FBI National Questionnaire for Graduates. Huntingdon facility’’) by either shutting Academy Level III Evaluation; Approval FBI National Academy Post-Course down coal-fired boilers, installing air for a Reinstated Collection Questionnaire for Supervisors of emission controls on the existing unit, ACTION: 30-Day notice of information Graduates. or converting the coal-fired boilers to collection under review. 3. Agency Form Number, if any, and natural gas-fired boilers by June 30, the applicable component of the 2012. The Commonwealth did not meet The Department of Justice (DOJ), department sponsoring the collection: the deadline imposed in the Consent Federal Bureau of Investigation (FBI), Form Number: 1110–0021. Decree for the Huntingdon facility. The Training Division’s Office of Sponsor: Training Division of the proposed Amendment requires the Technology, Research, and Curriculum Federal Bureau of Investigation (FBI), Commonwealth to either install new Development (OTRCD) will be Department of Justice (DOJ). units with pollution controls or convert submitting the following information 4. Affected Public who will be asked existing units to natural gas fired units collection request to the Office of or required to respond, as well as a brief by June 30, 2013. The Commonwealth Management and Budget (OMB) for abstract: will also pay a civil of $39,000. review and approval in accordance with Primary: FBI National Academy The Department of Justice will receive the Paperwork Reduction Act of 1995. graduates and their identified for a period of thirty (30) days from the The proposed information collection is supervisors that represents state and date of this publication comments published to obtain comments from the local police and sheriffs’ departments, relating to the Amendment. Comments public and affected agencies. Comments military police organizations, and should be addressed to the Assistant are encouraged and will be accepted for federal law enforcement agencies from Attorney General, Environment and 60 days until October 16, 2012. This the United States and over 150 foreign Natural Resources Division, and either process is conducted in accordance with nations. emailed to pubcomment- 5 CFR 1320.10. Brief Abstract: This collection is [email protected] or mailed to P.O. If you have comments (especially on requested by FBI National Academy. Box 7611, U.S. Department of Justice, the estimated public burden or These surveys have been developed that Washington, DC 20044–7611, and associated response time), suggestions, will measure the effectiveness of should refer to United States v. or need a copy of the proposed services that the FBI National Academy Commonwealth of Pennsylvania, et al., information collection instrument with provides and will utilize the graduates D.J. Ref. No. 90–5–2–1–09099. instructions or additional information, and their supervisors’ comments to During the public comment period, please contact Laleatha B. Goode, improve upon the current process. the Consent Decree may be examined on Management and Program Analyst for 5. An estimate of the total number of the following Department of Justice Web the Evaluation Program, Federal Bureau respondents and the amount of time site: http://www.usdoj.gov/enrd/ of Investigation, Training Division, estimated for an average respondent to Consent_Decrees.html. A copy of the Curriculum Planning and Support Unit, respond: Consent Decree may also be obtained by FBI Academy, Quantico, Virginia 22135 There are approximately 2,000 FBI mail from the Consent Decree Library, or facsimile at (703) 632–3111. National Academy graduates that will P.O. Box 7611, U.S. Department of Written comments and suggestions respond to the FBI National Academy Justice, Washington, DC 20044–7611, or from the public and affected agencies Post-Course Questionnaire for by faxing or emailing a request to concerning the proposed collection of Graduates. It is predicted that we will

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receive a 75% respond rate. The average collection is published to obtain 6. An estimate of the total public response time for reading the directions comments from the public and affected burden (in hours) associated with this for the FBI National Academy Post- agencies. Comments are encouraged and collection: There are approximately 416 Course Questionnaire for Graduates for will be accepted until September 17, hours annual burden associated with the FBI National Academy graduates is 2012. This process is conducted in this information collection. estimated to be 2 minutes; time to accordance with 5 CFR 1320.10. If additional information is required complete the survey is estimated to be All comments and suggestions, or contact: Jerri Murray, Department 30 minutes. questions regarding additional Clearance Officer, Justice Management There are approximately 2,000 FBI information, to include obtaining a copy Division, United States Department of National Academy graduates who have of the proposed information collection Justice, Policy and Planning Staff, Two identified their supervisors that will instrument with instructions, should be Constitution Square, 145 N Street NE., respond to the FBI National Academy directed to Catherine E. Theisen, Room 2E–508, Washington, DC 20530. Post-Course Questionnaire for Quality Manager, FBI Laboratory, 2501 Jerri Murray, Supervisors of Graduates. It is predicted Investigation Parkway, Quantico, that we will receive a 70% respond rate. Virginia 22135. Department Clearance Officer, PRA, United States Department of Justice. The average response time for reading Written comments and suggestions the directions for the FBI National from the public and affected agencies [FR Doc. 2012–20187 Filed 8–16–12; 8:45 am] Academy Post-Course Questionnaire for concerning the proposed collection of BILLING CODE 4410–02–P Supervisors of Graduates for the information are encouraged. Comments supervisors is estimated to be 2 minutes; should address one or more of the time to complete the survey is estimated following four points: DEPARTMENT OF LABOR to be 30 minutes. 1. Evaluate whether the proposed The total hour burden for both collection of information is necessary Office of the Secretary surveys is 2,088 hours. for the proper performance of the 6. An estimate of the total public functions of the agency, including Agency Information Collection burden (in hours) associated with the whether the information will have Activities; Submission for OMB collection: practical utility; Review; Comment Request; Green The average hour burden for 2. Evaluate the accuracy of the Technologies and Practices Survey completing all the surveys combined is agency’s estimate of the burden of the 3,088 hours. proposed collection of information, ACTION: Notice. including the validity of the If additional information is required, methodology and assumptions used; SUMMARY: The Department of Labor contact: Jerri Murray, Department 3. Enhance the quality, utility, and (DOL) is submitting the Bureau of Labor Clearance Officer, United States clarity of the information to be Statistics (BLS) sponsored information Department of Justice, Justice collected; and collection request (ICR) titled, ‘‘Green Management Division, Policy and 4. Minimize the burden of the Technologies and Practices Survey,’’ to Planning Two Constitution Square, 145 collection of information on those who the Office of Management and Budget N Street, NE., Room 2E–508, 145 N are to respond, including the use of (OMB) for review and approval for use Street, NE., Washington, DC 20530. automated, electronic, mechanical, or in accordance with the Paperwork Dated: August 13, 2012. other technological collection Reduction Act (PRA) of 1995 (44 U.S.C. Jerri Murray, techniques of other forms of information 3501 et seq.). Department Clearance Officer, PRA, United technology, e.g., permitting electronic DATES: Submit comments on or before States Department of Justice. submission of responses. September 17, 2012. [FR Doc. 2012–20186 Filed 8–16–12; 8:45 am] Overview of This Information ADDRESSES: A copy of this ICR with BILLING CODE 4410–02–P Collection applicable supporting documentation; including a description of the likely 1. Type of information collection: respondents, proposed frequency of DEPARTMENT OF JUSTICE Customer survey. response, and estimated total burden 2. The title of the form/collection: may be obtained from the RegInfo.gov Federal Bureau of Investigation Customer Satisfaction Assessment. Web site, http://www.reginfo.gov/ 3. The agency form number, if any, [OMB Number 1110–0045] public/do/PRAMain, on the day and the applicable component of the following publication of this notice or department sponsoring the collection: Agency Information Collection by contacting Michel Smyth by Form (form number to be assigned by Activities; Proposed Collection, telephone at 202–693–4129 (this is not the forms desk); Laboratory Division, Comments Requested; Customer a toll-free number) or sending an email Federal Bureau of Investigation, Satisfaction Assessment to [email protected]. Department of Justice. Submit comments about this request 4. Affected public who will be asked ACTION: 30-day notice of information to the Office of Information and or required to respond, as well as a brief collection under review. Regulatory Affairs, Attn: OMB Desk abstract: Primary—Local and state law Officer for DOL–BLS, Office of The Department of Justice, Federal enforcement agencies. This collection is Management and Budget, Room 10235, Bureau of Investigation, Laboratory needed to evaluate the quality of 725 17th Street NW., Washington, DC Division will be submitting the services provided by the FBI Laboratory. following information collection request 5. An estimate of the total number of 20503, Telephone: 202–395–6929/Fax: to the Office of Management and Budget respondents and the amount of time 202–395–6881 (these are not toll-free numbers), email: (OMB) for review and clearance in estimated for an average respondent to _ accordance with established review respond: It is estimated that there will OIRA [email protected]. procedures of the Paperwork Reduction be 5,000 respondents at 5 minutes per FOR FURTHER INFORMATION CONTACT: Act of 1995. The proposed information form. Michel Smyth by telephone at 202–693–

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4129 (this is not a toll-free number) or • Enhance the quality, utility, and Foundation, 4201 Wilson Blvd., Rm. by email at [email protected]. clarity of the information to be 295, Arlington, VA 22230, or by email Authority: 44 U.S.C. 3507(a)(1)(D). collected; and to [email protected]. • Minimize the burden of the Comments: Written comments are SUPPLEMENTARY INFORMATION: This ICR collection of information on those who invited on (a) whether the proposed seeks OMB approval for the BLS to re- are to respond, including through the collection of information is necessary initiate a data collection on use of appropriate automated, for the proper performance of the occupational employment and wages electronic, mechanical, or other functions of the Agency, including related to green technologies and technological collection techniques or whether the information shall have practices used by U.S. businesses. The other forms of information technology, practical utility; (b) the accuracy of the Green Technologies and Practices e.g., permitting electronic submission of Agency’s estimate of the burden of the survey collects data on the use of green responses. proposed collection of information; (c) technologies and processes at Agency: DOL–BLS. ways to enhance the quality, utility, and establishments, and occupational Title of Collection: Green clarity of the information on employment and wages for employees Technologies and Practices Survey. respondents, including through the use who spend more than 50 percent of OMB Control Number: 1220–0184. of automated collection techniques or their time engaged in green practices. Affected Public: Federal Government; other forms of information technology; This special topic survey will be State, Local, and Tribal Governments; or (d) ways to minimize the burden of conducted occasionally to collect and Private Sector—businesses or other the collection of information on those information on employees engaged in for profits and not-for profit institutions. who are to respond, including through green technologies and practices, the Total Estimated Number of the use of appropriate automated, second component of the BLS Green Respondents: 26,251. electronic, mechanical, or other Jobs definition. Total Estimated Number of technological collection techniques or This information collection is subject Responses: 26,251. other forms of information technology. to the PRA. A Federal agency generally Total Estimated Annual Burden FOR FURTHER INFORMATION CONTACT: cannot conduct or sponsor a collection Hours: 13,126. Suzanne H. Plimpton, Reports Clearance Total Estimated Annual Other Costs of information, and the public is Officer, National Science Foundation, Burden: $0. generally not required to respond to an 4201 Wilson Boulevard, Suite 295, information collection, unless it is Dated: August 13, 2012. Arlington, Virginia 22230; telephone approved by the OMB under the PRA Linda Watts Thomas, (703) 292–7556; or send email to and displays a currently valid OMB Assistant Departmental Clearance Officer. [email protected]. Individuals who use Control Number. In addition, [FR Doc. 2012–20193 Filed 8–16–12; 8:45 am] a telecommunications device for the notwithstanding any other provisions of BILLING CODE 4510–26–P deaf (TDD) may call the Federal law, no person shall generally be subject Information Relay Service (FIRS) at to penalty for failing to comply with a 1–800–877–8339, which is accessible 24 collection of information if the NATIONAL SCIENCE FOUNDATION hours a day, 7 days a week, 365 days a collection of information does not year (including Federal holidays). display a valid Control Number. See 5 Notice of Intent To Seek Approval To SUPPLEMENTARY INFORMATION: CFR 1320.5(a) and 1320.6. The DOL Establish an Information Collection Title: Grantee Reporting Requirements obtains OMB seeks approval for this for the Research Experiences for information collection under Control AGENCY: National Science Foundation. Undergraduates (REU) Program. Number 1220–0184. For additional ACTION: Notice and request for OMB Approval Number: 3145–New. information, see the related notice comments. Expiration Date: Not applicable. published in the Federal Register on May 11, 2012 (77 FR 27798). SUMMARY: The National Science Overview of This Information Foundation (NSF) is announcing plans Collection Interested parties are encouraged to to request approval of this collection. In send comments to the OMB, Office of The Research Experiences for accordance with the requirement of Undergraduates (REU) Reporting Information and Regulatory Affairs at Section 3506(c)(2)(A) of the Paperwork the address shown in the ADDRESSES Module is a component of the NSF Reduction Act of 1995 (Pub. L. 104–13), Project Reports System that is designed section within 30 days of publication of we are providing an opportunity for this notice in the Federal Register. In to gather information about students public comment on this action. After participating in Research Experiences order to help ensure appropriate obtaining and considering public consideration, comments should for Undergraduates (REU) Sites and comment, NSF will prepare the Supplements projects. All NSF projects mention OMB Control Number 1220– submission requesting that OMB 0184. The OMB is particularly are required to use the FastLane Project approve clearance of this collection for Reports System for developing and interested in comments that: no longer than 3 years. • submitting annual and final project Evaluate whether the proposed DATES: Interested persons are invited to reports. If NSF cannot collect collection of information is necessary send comments regarding the burden or information about undergraduate for the proper performance of the any other aspect of this collection of participants in undergraduate research functions of the agency, including information requirements by October experiences, NSF will have no other whether the information will have 16, 2012. means to consistently document the practical utility; ADDRESSES: Written comments number and diversity of participants, • Evaluate the accuracy of the regarding the information collection and types of participant involvement in the agency’s estimate of the burden of the requests for copies of the proposed research, and types of institutions proposed collection of information, information collection request should be represented by the participants. including the validity of the addressed to Suzanne Plimpton, Reports NSF is committed to providing methodology and assumptions used; Clearance Officer, National Science program stakeholders with formation

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regarding the expenditure of taxpayer comment about our intention to request collection techniques or other forms of funds on these types of experiences, the OMB’s approval for renewal of an information technology? which provide training for existing information collection that is The public may examine and have postsecondary students in basic and summarized below. We are required to copied for a fee, publicly available applied research in STEM. publish this notice in the Federal documents, including the draft Register under the provisions of the supporting statement, at the NRC’s Consult With Other Agencies & the Public Document Room, Room O–1F21, Public Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). One White Flint North, 11555 Rockville NSF has not consulted with other Information pertaining to the Pike, Rockville, Maryland 20852. The agencies but has gathered information requirement to be submitted: OMB clearance requests are available at from its grantee community through 1. The title of the information the NRC’s Web site: http://www.nrc.gov/ attendance at PI conferences. A request collection: NRC’s Policy Statement public-involve/doc-comment/omb/. The for public comments will be solicited Cooperation with States at Commercial document will be available on the NRC through announcement of data Nuclear Power Plants and Other Nuclear home page site for 60 days after the collection in the Federal Register. Production and Utilization Facilities signature date of this notice. Comments submitted in writing or in Background 2. Current OMB approval number: 3150–0163. electronic form will be made available All NSF grantees are required to use 3. How often the collection is for public inspection. Because your the FastLane Project Reports System for required: On occasion, when a State comments will not be edited to remove reporting progress, accomplishments, wishes to observe NRC inspections or any identifying or contact information, participants, and activities annually and perform inspections for the NRC. the NRC cautions you against including at the conclusion of their project. 4. Who is required or asked to report: any information in your submission that Information from annual and final Nuclear Power Plant Licensees, you do not want to be publicly reports provides yearly updates on Materials Security Licensees and those disclosed. Comments submitted should project inputs, activities, and outcomes States interested in observing or reference Docket No. NRC–2012–0166. for agency reporting purposes. If project performing inspections. You may submit your comments by any participants include undergraduate 5. The number of annual respondents: of the following methods: Electronic students supported by the Research 55. comments: Go to http:// Experiences for Undergraduates (REU) 6. The number of hours needed www.regulations.gov and search for Sites Program or by an REU annually to complete the requirement or Docket No. NRC–2012–0166. Mail Supplement, then the grantees and their request: 1,000. comments to the NRC Clearance Officer, students are required to complete the 7. Abstract: States are involved and Tremaine Donnell (T–5 F53), U.S. REU Reporting Module. interested in monitoring the safety Nuclear Regulatory Commission, Respondents: Individuals (Principal status of nuclear power plants and Washington, DC 20555–0001. Questions Investigators and REU undergraduate radioactive materials. This involvement about the information collection student participants). is, in part, in response to the States’ requirements may be directed to the Number of Principal Investigator public health and safety responsibilities NRC Clearance Officer, Tremaine Respondents: 2,000. and, in part, in response to their Donnell (T–5 F53), U.S. Nuclear Burden on the Public: 650 total hours. citizens’ desire to become more Regulatory Commission, Washington, Number of REU Student Participant knowledgeable about the safety of DC 20555–0001, by telephone at 301– Respondents: 7,250. nuclear power plants and radioactive 415–6258, or by email to Burden on the Public: 1,810 total materials. States have identified NRC [email protected]. hours. inspections as one possible source of Dated at Rockville, Maryland, this 9th day Dated: August 14, 2012. knowledge for their personnel regarding of August, 2012. Suzanne H. Plimpton, plant and materials licensee activities, For the Nuclear Regulatory Commission. Reports Clearance Officer, National Science and the NRC, through the policy Tremaine Donnell, Foundation. statement on Cooperation with States, NRC Clearance Officer, Office of Information [FR Doc. 2012–20255 Filed 8–16–12; 8:45 am] has been amenable to accommodating Services. BILLING CODE 7555–01–P the States’ needs in this regard. [FR Doc. 2012–20183 Filed 8–16–12; 8:45 am] Additionally, the NRC has entered into BILLING CODE 7590–01–P reimbursable Agreements with certain NUCLEAR REGULATORY States under Section 274i of the Act, as COMMISSION amended, to employ their resources to NUCLEAR REGULATORY conduct radioactive materials security COMMISSION [Docket No. NRC–2012–0166] inspections against NRC Orders. Submit, by October 16, 2012, [Docket No. NRC–2012–0081] Agency Information Collection comments that address the following Activities: Proposed Collection; Agency Information Collection questions: Comment Request Activities: Submission for the Office of 1. Is the proposed collection of Management and Budget (OMB) AGENCY: information necessary for the NRC to Nuclear Regulatory Review; Comment Request Commission. properly perform its functions? Does the ACTION: Notice of pending NRC action to information have practical utility? AGENCY: Nuclear Regulatory submit an information collection 2. Is the burden estimate accurate? Commission. request to the Office of Management and 3. Is there a way to enhance the ACTION: Notice of the OMB review of Budget (OMB) and solicitation of public quality, utility, and clarity of the information collection and solicitation comment. information to be collected? of public comment. 4. How can the burden of the SUMMARY: The U.S. Nuclear Regulatory information collection be minimized, SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) invites public including the use of automated Commission (NRC) has recently

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submitted to OMB for review the The public may examine and have 1. The title of the information following proposal for the collection of copied for a fee publicly available collection: Nuclear Material Events information under the provisions of the documents, including the final Database (NMED) for the Collection of Paperwork Reduction Act of 1995 (44 supporting statement, at the NRC’s Event Report, Response, Analyses, and U.S.C. Chapter 35). The NRC hereby Public Document Room, Room O1–F21, Follow-up Data on Events Involving the informs potential respondents that an One White Flint North, 11555 Rockville Use of Atomic Energy Act (AEA) agency may not conduct or sponsor, and Pike, Rockville, Maryland 20852. The Radioactive Byproduct Material. that a person is not required to respond OMB clearance requests are available at 2. Current OMB approval number: to, a collection of information unless it the NRC’s Web site: http://www.nrc.gov/ 3150–0178. displays a currently valid OMB control public-involve/doc-comment/omb/. The 3. How often the collection is number. The NRC published a Federal document will be available on the NRC required: On occasion. Agreement States Register notice with a 60-day comment home page site for 60 days after the are requested to provide copies of period on this information collection on signature date of this notice. licensee nuclear material event reports April 30, 2012 (77 FR 25505). Comments and questions should be electronically or by hard copy to the 1. Type of submission, new, revision, directed to the OMB reviewer listed NRC within 30 days of receipt from or extension: Extension. below by September 17, 2012. their licensee. In addition, Agreement 2. The title of the information Comments received after this date will States are requested to report events that collection: Request for Information be considered if it is practical to do so, may pose a significant health and safety Pursuant to 10 CFR 50.54(f) Regarding but assurance of consideration cannot hazard to the NRC Headquarters Recommendations 2.1, 2.3, and 9.3, of be given to comments received after this Operations Officer within 24 hours of the Near-Term Task Force Review of date. Chad Whiteman, Desk Officer, notification by an Agreement State insights from the Fukushima Dai-Ichi Office of Information and Regulatory licensee. Event. Affairs (3150–0211), NEOB–10202, 4. Who is required or asked to report: 3. Current OMB approval number: Office of Management and Budget, Current Agreement States and any State 3150–0211. Washington, DC 20503. receiving Agreement State status in the Comments can also be emailed to 4. The form number if applicable: future. [email protected] or N/A. submitted by telephone at 202–395– 5. The number of annual respondents: 5. How often the collection is 4718. 37. required: Once. The NRC Clearance Officer is 6. The number of hours needed 6. Who will be required or asked to Tremaine Donnell, 301–415–6258. annually to complete the requirement or report: 104 power reactor licensees, 2 request: 745.5 hours. reactors in the process of resuming Dated at Rockville, Maryland, this 9th day 7. Abstract: NRC regulations require of August, 2012. licensing, and 2 Combined License NRC licensees to report incidents and applicants (2 units each). For the Nuclear Regulatory Commission. events involving the use, transportation 7. An estimate of the number of Tremaine Donnell, and security of radioactive byproduct annual responses: 525.3. NRC Clearance Officer, Office of Information material, and source material, such as 8. The estimated number of annual Services. those involving radiation respondents: 110. [FR Doc. 2012–20184 Filed 8–16–12; 8:45 am] overexposures, leaking or contaminated 9. An estimate of the total number of BILLING CODE 7590–01–P sealed source(s), release of excessive hours needed annually to complete the contamination of radioactive material, requirement or request: 457,502 hours. lost or stolen radioactive material, 10. Abstract: Following events at the NUCLEAR REGULATORY equipment failures, abandoned well Fukushima Dai-Ichi nuclear power plant COMMISSION logging sources, and medical events. resulting from the March 11, 2011, [Docket No. NRC–2012–0182] Agreement State licensees are also earthquake and subsequent tsunami, required to report these events to their and in response to requirements Agency Information Collection individual Agreement State regulatory contained in Section 402 of the Activities: Proposed Collection; authorities under compatible Agreement Consolidated Appropriations Act (Pub. Comment Request State regulations. The NRC is requesting L. 112–074), the NRC sought an AGENCY: Nuclear Regulatory that the Agreement States provide expedited clearance from OMB to allow Commission. information to NRC on the initial the collection of information from notification, response actions, and ACTION: Notice of pending NRC action to power reactor licensees pursuant to 10 follow-up investigations on events submit an information collection CFR 50.54(f). The OMB approved this involving the use (including suspected request to the Office of Management and clearance, which will expire on theft or terrorist activities) of nuclear Budget (OMB) and solicitation of public September 30, 2012. The NRC has materials regulated pursuant to the comment. resubmitted this collection to the OMB Atomic Energy Act. The event under the normal clearance processes. SUMMARY: The U.S. Nuclear Regulatory information should be provided in a The information requested includes Commission (NRC) invites public uniform electronic format, for seismic and flooding hazard comment about our intention to request assessment and identification of any reevaluations to determine if further the OMB’s approval for renewal of an facilities/site specific or generic safety regulatory action is necessary, existing information collection that is concerns that could have the potential walkdowns to confirm compliance with summarized below. We are required to to impact public health and safety. The the current licensing basis and provide publish this notice in the Federal identification and review of safety input to the hazard reevaluations, and Register under the provisions of the concerns may result in lessons learned, analysis of the Emergency Preparedness Paperwork Reduction Act of 1995 (44 and may also identify generic issues for capability with respect to staffing and U.S.C. Chapter 35). further study which could result in communication ability during a Information pertaining to the proposals for changes or revisions to prolonged multiunit event. requirement to be submitted: technical or regulatory designs,

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processes, standards, guidance, or NUCLEAR REGULATORY inspection and whether Mr. Quintanilla requirements. COMMISSION provided inaccurate information to QIT. In his OI interview, Mr. Quintanilla Submit, by October 16, 2012, [NRC–2012–0194; IA–12–029] comments that address the following stated that the camera was unattended questions: Order Prohibiting Involvement in NRC– for about 5 minutes, and Mr. Quintanilla denied providing information to QIT 1. Is the proposed collection of Licensed Activities; In the Matter of Mr. Joseph Quintanilla that the camera was only unattended for information necessary for the NRC to a few seconds because the wind blew properly perform its functions? Does the I the door shut. Mr. Quintanilla stated he information have practical utility? asked the assistant radiographer to leave Mr. Joseph Quintanilla is a 2. Is the burden estimate accurate? the darkroom and to watch the radiographer who was formerly radiography camera, but the assistant 3. Is there a way to enhance the employed by Quality Inspection and did not go and Mr. Quintanilla did not quality, utility, and clarity of the Testing (QIT or Licensee), a radiography ensure that the assistant went. Mr. information to be collected? company whose corporate offices are Quintanilla also admitted to knowingly 4. How can the burden of the located in New Iberia, Louisiana. QIT conducting radiographic operations information collection be minimized, holds an Agreement State license issued including the use of automated without wearing his film badge, but he by the State of Louisiana (L–11238–L01) claimed that he was wearing his pocket collection techniques or other forms of and was operating under a general information technology? ion chamber and alarming ratemeter. By license issued pursuant to 10 CFR letter dated June 5, 2012 [Reference The public may examine and have 150.20 at a temporary jobsite near Rock redacted, not publicly available] the copied for a fee, publicly available Springs, Wyoming, on October 27, 2010. NRC informed Mr. Quintanilla that the documents, including the draft II NRC was considering escalated supporting statement, at the NRC’s enforcement action for apparent On October 27, 2010, the U.S. Nuclear Public Document Room, Room O–1F21, violations of the NRC’s deliberate Regulatory Commission (NRC) One White Flint North, 11555 Rockville misconduct rule, 10 CFR 30.10. The conducted a safety and security Pike, Rockville, Maryland 20852. The June 5, 2012, letter identified apparent inspection of the use of byproduct OMB clearance requests are available at violations of the deliberate misconduct the NRC’s Web site: http://www.nrc.gov/ material for industrial radiographic rule, specifically apparent violations of public-involve/doc-comment/omb/. The operations conducted under QIT’s 10 CFR 30.10(a)(1) were identified. The document will be available on the NRC general license issued pursuant to 10 10 CFR 30.10(a)(1) apparent violation home page site for 60 days after the CFR 150.20. When approaching QIT’s was related to Mr. Quintanilla’s actions signature date of this notice. radiography truck, the inspector which resulted in QIT being in violation Comments submitted in writing or in observed the radiography camera of 10 CFR 20.1802 associated with electronic form will be made available outside the truck (unsecured) with both leaving the radiography camera, for public inspection. Because your the radiographer (Mr. Quintanilla) and unattended and unsecured, and 10 CFR comments will not be edited to remove the assistant radiographer inside the 34.47(a) for failing to wear the required any identifying or contact information, truck; thus neither man was maintaining dosimetry when conducting the NRC cautions you against including surveillance over the camera and the radiographic operations. The NRC’s any information in your submission that camera was not secured. When Mr. June 5th letter provided Mr. Quintanilla you do not want to be publicly Quintanilla and the assistant the opportunity to request a disclosed. Comments submitted should radiographer emerged from the predecisional enforcement conference reference Docket No. NRC–2012–0182. darkroom on the truck, about 2 minutes (PEC), or request alternative dispute You may submit your comments by any later, neither individual was wearing resolution (ADR) with the NRC in an of the following methods: Electronic any personnel monitoring equipment attempt to resolve issues associated with comments: Go to http:// (film badge, pocket dosimeter or alarm these apparent violations. During a June www.regulations.gov and search for ratemeter). Mr. Quintanilla stated he 13, 2012 conference call between Mr. Docket No. NRC–2012–0182. Mail forgot to wear his personnel monitoring Quintanilla and NRC staff, Mr. comments to the NRC Clearance Officer, equipment while conducting Quintanilla indicated that he would like Tremaine Donnell (T–5 F53), U.S. radiography but that his dosimetry was to participate in a predecisional Nuclear Regulatory Commission, in the truck. The inspector observed Mr. enforcement conference. A PEC was Washington, DC 20555–0001. Questions Quintanilla retrieve all three of his conducted on June 22, 2012. about the information collection required personnel monitoring devices. During the PEC, Mr. Quintanilla requirements may be directed to the During a conference call with QIT indicated that he was aware the camera NRC Clearance Officer, Tremaine managers in January 2011, QIT informed was outside of the dark room and did Donnell (T–5 F53), U.S. Nuclear the NRC that Mr. Quintanilla told QIT not contest that apparent violation. Mr. Regulatory Commission, Washington, that the camera was left unattended for Quintanilla maintained his position that DC 20555–0001, by telephone at 301– only a few seconds after the wind blew he was wearing his pocket dosimeter 415–6258, or by email to the door to the darkroom closed (both and his alarm ratemeter while [email protected]. Mr. Quintanilla and the assistant conducting radiography, but he stated radiographer were inside the darkroom). he left his film badge in Utah and was Dated at Rockville, Maryland, this 9th day This conflicted with the inspector’s not wearing it during radiography. This of August, 2012. observations that both men were in the conflicted with the inspector’s For the Nuclear Regulatory Commission. darkroom for about 2 minutes before observation that Mr. Quintanilla Tremaine Donnell, emerging. As a result of this inspection, retrieved his film badge, pocket NRC Clearance Officer, Office of Information the NRC’s Office of Investigation (OI), dosimeter, and alarm ratemeter from the Services. Region IV initiated an investigation (OI truck when the inspector requested to [FR Doc. 2012–20185 Filed 8–16–12; 8:45 am] Report 04–2011–031) to determine the see his dosimetry. Mr. Quintanilla BILLING CODE 7590–01–P facts and circumstances surrounding the maintained that he never talked with

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QIT managers about the results of the effective date of this Order, from submit and serve all adjudicatory inspection. engaging in NRC-licensed activities. documents over the internet, or in some Based on the results of the inspection NRC-licensed activities are those cases to mail copies on electronic and the OI investigation, and activities that are conducted pursuant to storage media. Participants may not information provided during the a specific or general license issued by submit paper copies of their filings predecisional enforcement conference, the NRC, including, but not limited to, unless they seek an exemption in the NRC has concluded that Mr. those activities of Agreement State accordance with the procedures Quintanilla engaged in deliberate licensees conducted pursuant to the described below. misconduct in violation of 10 CFR authority granted by 10 CFR 150.20. To comply with the procedural 30.10(a)(1) in two instances. First, he 2. If Mr. Joseph Quintanilla is requirements of E-Filing, at least 10 caused the licensee to be in violation of currently involved with another days prior to the filing deadline, the 10 CFR 20.1802 related to leaving the licensee in NRC-licensed activities, he participant should contact the Office of camera, containing a quantity of must cease those activities no later than the Secretary by email at hearing. concern, unattended and unsecured. A the effective date of this Order, and [email protected], or by telephone at 301– second example of his deliberate inform the NRC of the name, address 415–1677, to request (1) a digital misconduct involved his failure to wear and telephone number of the employer, identification (ID) certificate, which all the required dosimetry while and provide a copy of this order to the allows the participant (or its counsel or conducting radiography (specifically, at employer. representative) to digitally sign the very least he failed to wear his film 3. For a period of one year after the documents and access the E-Submittal badge). one year period of prohibition has server for any proceeding in which it is expired, Mr. Joseph Quintanilla shall, participating; and (2) advise the III within 20 days of acceptance of his first Secretary that the participant will be Mr. Joseph Quintanilla, a former employment offer involving NRC- submitting a request or petition for employee of Quality Inspection and licensed activities or his becoming hearing (even in instances in which the Testing (QIT), has engaged in deliberate involved in NRC-licensed activities, as participant, or its counsel or misconduct (in violation of 10 CFR defined in Paragraph IV.1 above, representative, already holds an NRC- 30.10) that has caused the Licensee to be provide notice to the Director, Office of issued digital ID certificate). Based upon in violation of 10 CFR 20.1802 and 10 Enforcement, U.S. Nuclear Regulatory this information, the Secretary will CFR 34.47(a). QIT was required to Commission, Washington, DC 20555– establish an electronic docket for the follow those requirements by the 0001, of the name, address, and hearing in this proceeding if the general license issued to it pursuant to telephone number of the employer or Secretary has not already established an 10 CFR 150.20. The NRC must be able the entity where he is, or will be, electronic docket. to rely on the Licensee and its involved in the NRC-licensed activities Information about applying for a employees to act with integrity and The Director, OE, may, in writing, digital ID certificate is available on the comply with NRC requirements. Mr. relax or rescind any of the above NRC’s public Web site at http://www. Quintanilla’s action in causing QIT to conditions upon demonstration by Mr. nrc.gov/site-help/e-submittals/apply- violate 10 CFR 20.1802, and 10 CFR Joseph Quintanilla of good cause. certificates.html. System requirements for accessing the E-Submittal server are 34.47(a) raised serious doubt as to V whether he can be relied upon to detailed in the NRC’s ‘‘Guidance for comply with NRC requirements. In accordance with 10 CFR 2.202, Mr. Electronic Submission,’’ which is Consequently, I lack the requisite Joseph Quintanilla and any other person available on the agency’s public Web reasonable assurance that licensed adversely affected by this Order may, site at http://www.nrc.gov/site-help/e- activities can be conducted in submit an answer to this Order within submittals.html. Participants may compliance with the Commission’s 20 days of the date of the Order. In attempt to use other software not listed requirements and that the health and addition, Mr. Joseph Quintanilla and on the web site, but should note that the safety of the public will be protected if any other person adversely affected by NRC’s E-Filing system does not support Mr. Joseph Quintanilla were permitted this Order may request a hearing on this unlisted software, and the NRC Meta at this time to be involved in NRC- Order within 20 days of the date of this System Help Desk will not be able to licensed activities. Therefore, the public Order. Where good cause is shown, offer assistance in using unlisted health, safety, and interest require that consideration will be given to extending software. Mr. Joseph Quintanilla be prohibited the time to answer or request a hearing. If a participant is electronically from any involvement in NRC-licensed A request for extension of time must be submitting a document to the NRC in activities for a period one year from the directed to the Director, Office of accordance with the E-Filing rule, the effective date of this Order. Enforcement, U.S. Nuclear Regulatory participant must file the document Additionally, Mr. Joseph Quintanilla is Commission, and include a statement of using the NRC’s online, web-based required to notify the NRC of his first good cause for the extension. submission form. In order to serve employment in NRC-licensed activities All documents filed in NRC documents through the Electronic for a period of one year following the adjudicatory proceedings, including a Information Exchange System, users prohibition period. request for hearing, a petition for leave will be required to install a web browser to intervene, any motion or other plug-in from the NRC’s Web site. IV document filed in the proceeding prior Further information on the web-based Accordingly, pursuant to sections 81, to the submission of a request for submission form, including the 161b, 161i, 182 and 186 of the Atomic hearing or petition to intervene, and installation of the Web browser plug-in, Energy Act of 1954, as amended, and documents filed by interested is available on the NRC’s public Web the Commission’s regulations in 10 CFR governmental entities participating site at http://www.nrc.gov/site-help/e- 2.202, and 10 CFR 30.10 under 10 CFR 2.315(c), must be filed in submittals.html. It is hereby ordered that: accordance with the NRC E-Filing rule Once a participant has obtained a 1. Mr. Joseph Quintanilla is (72 FR 49139; August 28, 2007). The E- digital ID certificate and a docket has prohibited for one year, from the Filing process requires participants to been created, the participant can then

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submit a request for hearing or petition all other participants. Filing is POSTAL SERVICE for leave to intervene. Submissions considered complete by first-class mail should be in Portable Document Format as of the time of deposit in the mail, or Transfer of Outbound Single-Piece (PDF) in accordance with the NRC by courier, express mail, or expedited First-Class Mail International Packages guidance available on the NRC’s public delivery service upon depositing the and Rolls to Competitive Product List Web site at http://www.nrc.gov/site- document with the provider of the AGENCY: TM help/e-submittals.html. A filing is service. A presiding officer, having Postal Service . considered complete at the time the granted an exemption request from ACTION: Notice. documents are submitted through the using E-Filing, may require a participant SUMMARY: The Postal Service hereby NRC’s E-Filing system. To be timely, an or party to use E-Filing if the presiding provides notice that it has filed a electronic filing must be submitted to officer subsequently determines that the request with the Postal Regulatory the E-Filing system no later than 11:59 reason for granting the exemption from Commission to transfer Outbound p.m. Eastern Time on the due date. use of E-Filing no longer exists. Upon receipt of a transmission, the E- Documents submitted in adjudicatory Single-Piece First-Class Mail Filing system time-stamps the document proceedings will appear in the NRC’s International Packages (Small Packets) and sends the submitter an email notice electronic hearing docket, which is and Rolls from the market-dominant confirming receipt of the document. The available to the public at http://ehd1. product list to the competitive product E-Filing system also distributes an email nrc.gov/ehd, unless excluded pursuant list. notice that provides access to the to an order of the Commission, or the DATES: Effective date: August 17, 2012. document to the NRC’s Office of the presiding officer. Participants are FOR FURTHER INFORMATION CONTACT: General Counsel and any others who requested not to include personal Caroline Brownlie, 202–268–3010. have advised the Office of the Secretary privacy information, such as social SUPPLEMENTARY INFORMATION: On August that they wish to participate in the security numbers, home addresses, or 10, 2012, the United States Postal proceeding, so that the filer need not home phone numbers in their filings, Service® filed with the Postal serve the documents on those unless an NRC regulation or other law Regulatory Commission a Request of the participants separately. Therefore, requires submission of such United States Postal Service to transfer applicants and other participants (or information. With respect to Outbound Single-Piece First-Class Mail their counsel or representative) must copyrighted works, except for limited Packages (Small Packets) and Rolls from apply for and receive a digital ID excerpts that serve the purpose of the the Mail Classification Schedule’s certificate before a hearing request/ adjudicatory filings and would Market-Dominant Product List to its petition to intervene is filed so that they constitute a Fair Use application, Competitive Product List, pursuant to can obtain access to the document via participants are requested not to include 39 U.S.C. 3642. The transfer would take the E-Filing system. copyrighted materials in their place in two steps: First, Outbound A person filing electronically using submission. Single-Piece First-Class Mail the agency’s adjudicatory E-Filing If a person other than Mr. Quintanilla International Packages (Small Packets) system may seek assistance by requests a hearing, that person shall set and Rolls will be removed from the contacting the NRC Meta System Help forth with particularity the manner in market-dominant product list; and Desk through the ‘‘Contact Us’’ link which his interest is adversely affected second, a nearly identical new product, located on the NRC’s Web site at by this Order and shall address the titled ‘‘First-Class Package International http://www.nrc.gov/site-help/e- criteria set forth in 10 CFR 2.309(d) and Service TM’’ (FCPIS), will be added to submittals.html, by email at (f). the competitive product list. Documents [email protected], or by a toll- If a hearing is requested by a licensee pertinent to this request are available at free call at 1–866–672–7640. The NRC or a person whose interest is adversely http://www.prc.gov, Docket No. Meta System Help Desk is available affected, the Commission will issue an MC2012–44. between 8 a.m. and 8 p.m., Eastern Order designating the time and place of Time, Monday through Friday, any hearings. If a hearing is held, the Stanley F. Mires, excluding government holidays. issue to be considered at such hearing Attorney, Legal Policy & Legislative Advice. Participants who believe that they shall be whether this Order should be [FR Doc. 2012–20181 Filed 8–16–12; 8:45 am] have a good cause for not submitting sustained. In the absence of any request BILLING CODE 7710–12–P documents electronically must file an for hearing, or written approval of an exemption request, in accordance with extension of time in which to request a 10 CFR 2.302(g), with their initial paper hearing, the provisions specified in SECURITIES AND EXCHANGE filing requesting authorization to Section IV above shall be final 20 days COMMISSION continue to submit documents in paper from the date this Order is published in format. Such filings must be submitted the Federal Register without further [Release No. 34–67648; File No. SR–OPRA– by: (1) First class mail addressed to the order or proceedings. If an extension of 2012–04] Office of the Secretary of the time for requesting a hearing has been Commission, U.S. Nuclear Regulatory approved, the provisions specified in Options Price Reporting Authority; Commission, Washington, DC 20555– Section IV shall be final when the Notice of Filing and Immediate 0001, Attention: Rulemaking and extension expires if a hearing request Effectiveness of Proposed Amendment Adjudications Staff; or (2) courier, has not been received. to the Plan for Reporting of express mail, or expedited delivery Consolidated Options Last Sale service to the Office of the Secretary, Dated at Rockville, Maryland, this 10th day of August, 2012. Reports and Quotation Information To Sixteenth Floor, One White Flint North, Implement a New Fee for ‘‘Non-Display For the Nuclear Regulatory Commission. 11555 Rockville Pike, Rockville, Applications’’ Maryland 20852, Attention: Rulemaking Roy P. Zimmerman, and Adjudications Staff. Participants Director, Office of Enforcement. August 14, 2012. filing a document in this manner are [FR Doc. 2012–20230 Filed 8–16–12; 8:45 am] Pursuant to Section 11A of the responsible for serving the document on BILLING CODE 7590–01–P Securities Exchange Act of 1934

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(‘‘Act’’) 1 and Rule 608 thereunder,2 the Rules and Regulations thereunder,4 Under OPRA’s Fee Schedule as notice is hereby given that on August 1, and that the term also does not include currently in effect, the OPRA fees that 2012, the Options Price Reporting an application that is used solely to apply to a Non-Display Application Authority (‘‘OPRA’’) submitted to the perform surveillance, risk management would depend on the number of servers Securities and Exchange Commission or portfolio management functions in in the trading engine that receive OPRA (‘‘Commission’’) an amendment to the support of a firm’s trading operations.5 Data, whether the trading engine Plan for Reporting of Consolidated The new fee would be payable by receives OPRA Data directly from Options Last Sale Reports and Professional Subscribers 6 that receive OPRA’s processor (i.e., via a ‘‘direct Quotation Information (‘‘OPRA Plan’’).3 access to OPRA Data via data feed connect’’) or from an OPRA Vendor (i.e., The proposed amendment would transmission, either from an OPRA via, an ‘‘indirect connect’’) and whether implement a new fee for ‘‘Non-Display Vendor or from OPRA’s processor, for the Professional Subscriber is already Applications.’’ The Commission is use in a Non-Display Application.7 The paying the OPRA Indirect Access Fee. A publishing this notice to solicit fee would be payable on a ‘‘per typical trading engine may include comments from interested persons on installation’’ basis—that is, one fee multiple servers, several of which are the proposed OPRA Plan amendment. would be payable for each Non-Display enabled to receive access to OPRA Data. Application (sometimes referred to in For example, if a trading engine is I. Description and Purpose of the Plan comprised of four servers and the Amendment this filing as a ‘‘trading engine’’) that receives a data feed transmission. The Professional Subscriber is already The purpose of the proposed term ‘‘installation’’ would be defined in paying the OPRA Indirect Access Fee, amendment is to implement a new fee a footnote to OPRA’s Fee Schedule as the OPRA fees that currently would for ‘‘Non-Display Applications.’’ OPRA follows: ‘‘An ‘installation’ is a system of apply would be $100/month (the proposes to define the term ‘‘Non- one or more servers operating as a unit device-based fee for four servers); if the Display Application’’ in a new footnote to generate orders and/or quotations. trading engine is comprised of four to its Fee Schedule. The definition Multiple servers may operate together to servers and the Professional Subscriber would state that a ‘‘Non-Display constitute an ‘installation.’ Conversely, is not already paying the OPRA Indirect Application’’ is an application used by Access Fee, the OPRA fees that two or more ‘installations’ may reside a Professional Subscriber that: (i) Is currently would apply would be $700/ on a single server or network if each capable of accessing OPRA market data, month (the device-based fee for four generates a separate stream of orders (ii) does not display the data in a form servers plus an Indirect Access Fee for and/or quotations.’’ OPRA proposes that for direct use by a human being and (iii) the datafeed of $600). the new Non-Display Application Fee is used for purposes of generating orders Because the Non-Display Application be $500/installation/month, with an and/or quotations on an automated basis Fee would be on a ‘‘per installation’’ ‘‘Enterprise Fee’’ alternative of $7500/ for purposes other than complying with basis, a Professional Subscriber that has month that would permit a Professional the Rules of one or more of the OPRA multiple trading engines would pay a Subscriber to receive access to OPRA Participant Exchanges. The definition fee for each of them (up to fifteen, when Data for use in an unlimited number of would state that the term includes any the Enterprise Fee would be available). Non-Display Application installations. application that is used for ‘‘black box’’ The Non-Display Application Fee for a trading, automated trading, algorithmic trading engine would include the 4 Market-makers use ‘‘autoquote’’ applications to device-based fees with respect to the trading and/or program trading. The fulfill their obligation under Exchange rules to definition would also state that the term generate two-sided continuous quotations. These servers and other devices that comprise does not include any application that is applications would be within the definition of the the trading engine, up to the amount of used only to generate two-sided term ‘‘Non-Display Application’’ if this language the Non-Display Application Fee. For were not included in the definition. OPRA believes example, for the trading engine continuous quotations, in fulfillment of that it would not be fair to market-makers to impose the obligation to act in a market-making a new fee on them for performing an obligation that described above comprised of four capacity pursuant to the Rules of one or has existed for many years and that exists to servers, in 2012 the total fees would be more of the OPRA Participant provide liquidity to the markets of the Exchanges. $500/month, not $600/month (the sum Exchanges, of a Professional Subscriber 5 OPRA believes that it would not be fair to of $500 plus four times $25.00). For a impose a new fee on the use of applications that that has been designated by such trading engine comprised of 22 servers, perform these support and monitoring functions. the Professional Subscriber would be Exchange or Exchanges to act as a 6 OPRA defines a ‘‘Subscriber,’’ in general, as an dealer/specialist for all purposes under entity or person that receives OPRA Data but does required to pay device-based fees in the Securities Exchange Act of 1934 and not redistribute it to third parties, and a excess of the Non-Display Application ‘‘Professional Subscriber’’ as any Subscriber that Fee, and in 2012 the total fees for the does not qualify as a ‘‘Nonprofessional Subscriber.’’ 1 trading engine would be $550/month. If 15 U.S.C. 78k–1. In essence, a Nonprofessional Subscriber is an 2 17 CFR 242.608. individual person that uses OPRA Data for a Professional Subscriber has three Non- 3 The OPRA Plan is a national market system plan personal, non-business use. Display Applications residing on a approved by the Commission pursuant to Section 7 To receive OPRA Data via a data feed single server, each of them would be 11A of the Act and Rule 608 thereunder (formerly transmission, a Subscriber must enter into a subject to the Non-Display Application Rule 11A3–2). See Securities Exchange Act Release Professional Subscriber Agreement directly with Fee, and in 2012 the total Non-Display No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 OPRA and either a ‘‘Direct Circuit Connection Rider (March 31, 1981). The full text of the OPRA Plan to Professional Subscriber Agreement’’ (if the Application Fees for the three trading is available at http://www.opradata.com. Professional Subscriber receives the data feed engines would be $1500/month. If a The OPRA Plan provides for the collection and transmission directly from OPRA’s processor) or a Professional Subscriber were receiving a dissemination of last sale and quotation information ‘‘Indirect (Vendor Pass-Through) Circuit data feed from an OPRA Vendor solely on options that are traded on the participant Connection Rider to Professional Subscriber exchanges. The ten participants to the OPRA Plan Agreement’’ (if the Professional Subscriber receives for use in one or more trading engines, are BATS Exchange, Inc., BOX Options Exchange, the data feed transmission from an OPRA Vendor). the Professional Subscriber would not LLC, Chicago Board Options Exchange, OPRA’s forms of Professional Subscriber be obligated to pay the Indirect Access Incorporated, C2 Options Exchange, Incorporated, Agreement, Direct Circuit Connection Rider to Fee in addition to the new fee. International Securities Exchange, LLC, NASDAQ Professional Subscriber Agreement and Indirect OMX BX, Inc., NASDAQ OMX PHLX LLC, (Vendor Pass-Through) Circuit Connection Rider to It would also be possible that a NASDAQ Stock Market LLC, NYSE Amex, LLC n/ Professional Subscriber Agreement are all posted on Professional Subscriber would connect a k/a NYSE MKT LLC, and NYSE Arca, Inc. OPRA’s Web site, www.opradata.com. Non-Display Application to a ‘‘direct’’

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data feed from OPRA’s processor rather Application Fee will more fairly allocate post all comments on the Commission’s than an ‘‘indirect’’ data feed from an to Non-Display Applications a share of Internet Web site (http://www.sec.gov/ OPRA Vendor. In this case, the the overall costs of OPRA and its rules/sro.shtml). Copies of the Professional Subscriber would be member exchanges to which OPRA’s submission, all subsequent required to pay the Direct Access Fee as fees may properly be applied. amendments, all written statements well as the Non-Display Application The text of the proposed amendment with respect to the proposed plan Fee, even if the direct data feed to the to the OPRA Plan is available at OPRA, amendment that are filed with the trading engine is the only data feed the Commission’s Public Reference Commission, and all written received by the Professional Room, http://opradata.com, and on the communications relating to the Subscriber.8 Commission’s Web site at www.sec.gov. proposed plan amendment between the As noted above, any Professional Commission and any person, other than Subscriber that wants to receive an II. Implementation of the OPRA Plan Amendment those that may be withheld from the indirect data feed of OPRA Data must public in accordance with the sign an Indirect Access Rider to its OPRA designated this amendment as provisions of 5 U.S.C. 552, will be Professional Subscriber Agreement, and qualified to be put into effect upon available for Web site viewing and any Professional Subscriber that wants filing with the Commission in printing in the Commission’s Public to receive a direct data feed of OPRA accordance with clause (i) of paragraph Reference Room, 100 F Street NE., data must sign an Direct Access Rider to (b)(3) of Rule 608 under the Act.10 Washington, DC 20549, on official its Professional Subscriber Agreement. OPRA intends to implement the business days between the hours of 1 In either case, the Professional amendment on October 1, 2012. a.m. and 3 p.m. Copies of such filing Subscriber must provide OPRA with an The Commission may summarily also will be available for inspection and ‘‘Exhibit A’’ to the Rider, in which it abrogate the amendment within sixty copying at the principal office of OPRA. describes its intended use of the OPRA days of its filing and require refiling and All comments received will be posted data, and both Riders require approval of the amendment by without change; the Commission does Professional Subscribers to report their Commission order pursuant to Rule not edit personal identifying use of OPRA data on a monthly basis. 608(b)(2) under the Act 11 if it appears information from submissions. You These requirements would apply to a to the Commission that such action is should submit only information that Professional Subscriber that wants to necessary or appropriate in the public you wish to make available publicly. All have a Non-Display Application receive interest, for the protection of investors, submissions should refer to File OPRA data. OPRA’s current form of or the maintenance of fair and orderly Number SR–OPRA–2012–04 and should Exhibit A should provide OPRA staff markets, to remove impediments to, and be submitted on or before September 7, with the information that it needs to perfect the mechanisms of, a national 2012. generate invoices for the Non-Display market system, or otherwise in Application Fee. furtherance of the purposes of the Act. For the Commission, by the Division of OPRA believes that the use of Non- Trading and Markets, pursuant to delegated Display Applications by active trading III. Solicitation of Comments authority.12 firms is becoming increasingly common, Interested persons are invited to Jill M. Peterson, and that this use has resulted, and will submit written data, views, and Assistant Secretary. continue to result, in a significant arguments concerning the foregoing, [FR Doc. 2012–20263 Filed 8–16–12; 8:45 am] reduction in the number of devices and including whether the proposed OPRA BILLING CODE 8011–01–P user IDs that are reported to it.9 OPRA Plan amendment is consistent with the believes that its Fee Schedule as revised Act. Comments may be submitted by to include the new Non-Display any of the following methods: SECURITIES AND EXCHANGE COMMISSION 8 OPRA believes that it is fair and appropriate to Electronic Comments charge a Direct Access Fee for a ‘‘direct’’ data feed • Use the Commission’s Internet connection to a Non-Display Application, but not comment form (http://www.sec.gov/ [Investment Company Act Release No. to charge an Indirect Access Fee for an ‘‘indirect’’ 30166; 812–13956] data feed connection to a Non-Display Application, rules/sro.shtml); or because of the differences in the Indirect Access Fee • Send an email to rule- IndexIQ Advisors LLC and IndexIQ and the Direct Access Fee: The Indirect Access Fee [email protected]. Please include File is $600/month per Professional Subscriber, Active ETF Trust; Notice of Application regardless of the number of indirect data feed No. SR–OPRA–2012–04 on the subject connections that a particular Subscriber has, line. August 13, 2012. whereas the Direct Access Fee is $1,000/month for the first circuit connection, with no charge for one Paper Comments AGENCY: Securities and Exchange back-up circuit connection and a charge of $100 per • Send paper comments in triplicate Commission (‘‘Commission’’). connection for any additional connections. These differences, in turn, reflect that OPRA does not to Elizabeth M. Murphy, Secretary, ACTION: Notice of an application for an directly provide additional service when a Securities and Exchange Commission, order under section 6(c) of the Professional Subscriber adds additional indirect 100 F Street NE., Washington, DC Investment Company Act of 1940 connections (because an OPRA Vendor is providing 20549–1090. the additional connections), but that OPRA does (‘‘Act’’) for an exemption from sections provide additional service when a Professional All submissions should refer to File 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Subscriber adds additional direct connections. Number SR–OPRA–2012–04. This file Act and rule 22c-1 under the Act, under 9 In 2004, an average of 223,000 devices and User number should be included on the IDs were reported to OPRA in each month of the sections 6(c) and 17(b) of the Act for an year. In 2011, an average of 164,000 devices and subject line if email is used. To help the exemption from sections 17(a)(1) and User IDs were reported to OPRA in each month of Commission process and review your (a)(2) of the Act, and under section the year, a reduction over that eight year period of comments more efficiently, please use 12(d)(1)(J) for an exemption from approximately 26%. OPRA does not have a basis for only one method. The Commission will estimating the portion of that reduction that might sections 12(d)(1)(A) and (B) of the Act. be due to the use of Non-Display Applications, but does believe that the use of Non-Display 10 17 CFR 242.608(b)(3)(i). Applications contributed to the reduction. 11 17 CFR 242.608(b)(2). 12 17 CFR 200.30–3(a)(29).

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APPLICANTS: IndexIQ Advisors LLC application. The complete application Initial Funds and Future Funds together (‘‘IndexIQ’’) and IndexIQ Active ETF may be obtained via the Commission’s are the ‘‘Funds’’. Each Fund will consist Trust (the ‘‘Trust’’). Web site by searching for the file of a portfolio of securities (including SUMMARY OF APPLICATION: Applicants number, or an applicant using the fixed income securities and/or equity request an order that permits: (a) Company name box, at http:// securities) and/or currencies and other Actively-managed series of certain www.sec.gov/search/search.htm or by assets (‘‘Portfolio Instruments’’).2 Funds open-end management investment calling (202) 551–8090. may invest in ‘‘Depositary Receipts’’. A companies to issue shares (‘‘Shares’’) Fund will not invest in any Depositary Applicants’ Representations redeemable in large aggregations only Receipts that the Adviser deems to be (‘‘Creation Units’’); (b) secondary market 1. The Trust will be registered as an illiquid or for which pricing information transactions in Shares to occur at open-end management investment is not readily available.3 Each Fund will negotiated market prices; (c) certain company under the Act and is a operate as an actively managed series to pay redemption proceeds, statutory trust organized under the laws exchange-traded fund (‘‘ETF’’). The under certain circumstances, more than of Delaware. The Trust will initially Funds may invest in other open-end seven days from the tender of Shares for offer three actively-managed investment and/or closed-end investment redemption; (d) certain affiliated series, IQ Global Equity Active ETF companies and/or ETFs. persons of the series to deposit (‘‘Global Equity ETF’’), IQ Global Fixed 4. Applicants also request that any securities into, and receive securities Income Active ETF (‘‘Global Fixed exemption under section 12(d)(1)(J) of from, the series in connection with the Income ETF’’) and IQ Long-Short Active the Act from sections 12(d)(1)(A) and purchase and redemption of Creation ETF (‘‘Long-Short ETF’’) (together, the (B) apply to: (i) Any Fund that is Units; and (e) certain registered ‘‘Initial Funds’’). The investment currently or subsequently part of the management investment companies and objective of the Global Equity ETF will same ‘‘group of investment companies’’ unit investment trusts outside of the be to seek long-term capital appreciation as an Initial Fund within the meaning of section 12(d)(1)(G)(ii) of the Act; (ii) same group of investment companies as by investing primarily in U.S. and any principal underwriter for the Fund; the series to acquire Shares. international equity securities. The (iii) any brokers selling Shares of a Fund FILING DATES: The application was filed investment objective of the Global Fixed Income ETF will be to seek as high a to an Investing Fund (as defined below); on September 9, 2011, and amended on and (iv) each management investment March 27, 2012, July 6, 2012, and July level of current income as is consistent with preservation of capital. The company or unit investment trust 16, 2012. Applicants have agreed to file registered under the Act that is not part investment objective of the Long-Short an amendment during the notice period, of the same ‘‘group of investment ETF will be to seek long-term capital the substance of which is reflected in companies’’ as the Funds within the appreciation by investing primarily in this notice. meaning of section 12(d)(1)(G)(ii) of the U.S. and international equity securities. HEARING OR NOTIFICATION OF HEARING: An Act and that enters into a FOF 2. IndexIQ, a Delaware limited order granting the requested relief will Participation Agreement (as defined liability company, will serve as be issued unless the Commission orders below) with a Fund (such management investment adviser to the Initial Funds. a hearing. Interested persons may investment companies, ‘‘Investing An Adviser (as defined below) may in request a hearing by writing to the Management Companies,’’ such unit the future retain one or more sub- Commission’s Secretary and serving investment trusts, ‘‘Investing Trusts,’’ applicants with a copy of the request, advisers (‘‘Fund Sub-Advisers’’) to and Investing Management Companies personally or by mail. Hearing requests manage the portfolio of the Funds (as and Investing Trusts together, should be received by the Commission defined below). Any other Adviser and ‘‘Investing Funds’’). Investing Funds do by 5:30 p.m. on September 7, 2012, and any Fund Sub-Adviser will be registered not include the Funds. should be accompanied by proof of or exempt from registration under the 5. Applicants anticipate that a service on applicants, in the form of an Investment Advisers Act of 1940 Creation Unit will consist of at least affidavit or, for lawyers, a certificate of (‘‘Advisers Act’’). A registered broker- 50,000 Shares and that the price of a service. Hearing requests should state dealer under the Securities Exchange Share will range from $15 to $100. All the nature of the writer’s interest, the Act of 1934 (‘‘Exchange Act’’), which orders to purchase Creation Units must reason for the request, and the issues may be an affiliate of the Adviser, will be placed with the Distributor by or contested. Persons who wish to be act as the distributor and principal through a party that has entered into a notified of a hearing may request underwriter of the Funds participant agreement with the notification by writing to the (‘‘Distributor’’). Distributor and the Trust (‘‘Authorized Commission’s Secretary. 3. Applicants request that the order Participant’’) with respect to the apply to the Initial Funds and any ADDRESSES: creation and redemption of Creation Elizabeth M. Murphy, future series of the Trust or of any other Secretary, U.S. Securities and Exchange Units. An Authorized Participant is open-end management companies that either: (a) a broker or dealer registered Commission, 100 F Street NE., may use active management investment Washington, DC 20549–1090. under the Exchange Act (‘‘Broker’’) or strategies (‘‘Future Funds’’). Any Future other participant in the Continuous Net Applicants, 800 Westchester Drive, Fund will (a) be advised by IndexIQ or Suite N–611, Rye Brook, NY 10573. an entity controlling, controlled by, or order only to invest in Funds and not in any other FOR FURTHER INFORMATION CONTACT: Jean under common control with IndexIQ registered investment company. E. Minarick, Senior Counsel, at (202) (together with IndexIQ, an ‘‘Adviser’’), 2 Neither the Initial Funds nor any Future Fund 551–6811 or Daniele Marchesani, will invest in options contracts, futures contracts, and (b) comply with the terms and or swap agreements. Branch Chief, at (202) 551–6821 1 conditions of the application. The 3 Depositary Receipts are typically issued by a (Division of Investment Management, financial institution, a ‘‘depositary’’, and evidence Office of Investment Company 1 All entities that currently intend to rely on the ownership in a security or pool of securities that Regulation). order are named as applicants. Any other entity that have been deposited with the depositary. No relies on the order in the future will comply with affiliated persons of a Fund, Adviser or any Fund SUPPLEMENTARY INFORMATION: The the terms and conditions of the application. An Sub-Adviser will serve as the depositary bank for following is a summary of the Investing Fund (as defined below) may rely on the any Depositary Receipts held by a Fund.

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Settlement System of the National Creation Basket.10 If there is a difference to be published through the NSCC the Securities Clearing Corporation, a between the net asset value (‘‘NAV’’) names and quantities of the instruments clearing agency registered with the attributable to a Creation Unit and the comprising the Creation Basket, as well Commission and affiliated with the aggregate market value of the Creation as the estimated Cash Amount (if any), Depository Trust Company (‘‘DTC’’), or Basket exchanged for the Creation Unit, for that day. The published Creation (b) a participant in the DTC (such the party conveying instruments with Basket will apply until a new Creation participant, ‘‘DTC Participant’’). The the lower value will also pay to the Basket is announced on the following Shares will be purchased and redeemed other an amount in cash equal to that Business Day, and there will be no intra- in Creation Units and generally on an difference (the ‘‘Cash Amount’’). day changes to the Creation Basket in-kind basis. Except where the 6. Purchases and redemptions of except to correct errors in the published purchase or redemption will include Creation Units may be made in whole or Creation Basket. A Stock Exchange will cash under the limited circumstances in part on a cash basis, rather than in disseminate every 15 seconds specified below, purchasers will be kind, solely under the following throughout the trading day an amount required to purchase Creation Units by circumstances: (a) To the extent there is representing, on a per Share basis, the making an in-kind deposit of specified a Cash Amount, as described above; (b) sum of the current value of the Deposit instruments (‘‘Deposit Instruments’’), if, on a given Business Day, a Fund Instruments and the estimated Cash and shareholders redeeming their announces before the open of trading Amount. Shares will receive an in-kind transfer that all purchases, all redemptions or all 8. An investor purchasing or of specified instruments (‘‘Redemption purchases and redemptions on that day redeeming a Creation Unit from a Fund will be made entirely in cash; (c) if, Instruments’’).4 On any given Business may be charged a fee (‘‘Transaction upon receiving, a purchase or Day 5 the names and quantities of the Fee’’) to protect existing shareholders of redemption order from an Authorized the Funds from the dilutive costs instruments that constitute the Deposit Participant, a Fund determines to associated with the purchase and Instruments and the names and require the purchase or redemption, as redemption of Creation Units.12 All quantities of the instruments that applicable, to be made entirely in cash; orders to purchase Creation Units will constitute the Redemption Instruments (d) if, on a given Business Day, a Fund be placed with the Distributor by or will be identical, and these instruments requires all Authorized Participants through an Authorized Participant, and may be referred to, in the case of either purchasing or redeeming Shares on that the Distributor will transmit all a purchase or redemption, as the day to deposit or receive (as applicable) purchase orders to the relevant Fund. ‘‘Creation Basket.’’ In addition, the cash in lieu of some or all of the Deposit The Distributor will be responsible for Creation Basket will correspond pro rata Instruments or Redemption Instruments, delivering a prospectus (‘‘Prospectus’’) to the positions in a Fund’s portfolio respectively, solely because (i) such to those persons purchasing Creation (including cash positions),6 except (a) in instruments are not eligible for transfer Units and for maintaining records of the case of bonds, for minor differences through either the NSCC Process or DTC both the orders placed with it and the when it is impossible to break up bonds Process; or (ii) in the case of Funds confirmations of acceptance furnished beyond certain minimum sizes needed holding securities traded on global by it. for transfer and settlement; (b) for minor markets (‘‘Foreign Funds’’), such 9. Shares will be listed and traded at differences when rounding is necessary instruments are not eligible for trading negotiated prices on a Stock Exchange to eliminate fractional shares or lots that due to local trading restrictions, local and traded in the secondary market. 7 are not tradeable round lots; or (c) TBA restrictions on securities transfers or Applicants expect that market makers Transactions,8 short positions and other other similar circumstances; or (e) if a (‘‘Market Makers’’) will be assigned to positions that cannot be transferred in Fund permits an Authorized Participant Shares. The price of Shares trading on kind 9 will be excluded from the to deposit or receive (as applicable) cash the Stock Exchange will be based on a in lieu of some or all of the Deposit current bid/offer in the secondary 4 The Funds must comply with the federal Instruments or Redemption Instruments, market. Transactions involving the securities laws in accepting Deposit Instruments respectively, solely because: (i) Such purchases and sales of Shares on the and satisfying redemptions with Redemption instruments are, in the case of the Instruments, including that the Deposit Instruments Stock Exchange will be subject to and Redemption Instruments are sold in purchase of a Creation Unit, not customary brokerage commissions and transactions that would be exempt from registration available in sufficient quantity; (ii) such charges. under the Securities Act of 1933 (‘‘Securities Act’’). instruments are not eligible for trading 10. Applicants expect that purchasers In accepting Deposit Instruments and satisfying by an Authorized Participant or the redemptions with Redemption Instruments that are of Creation Units will include restricted securities eligible for resale pursuant to investor on whose behalf the institutional investors and arbitrageurs. Rule 144A under the Securities Act, the Funds will Authorized Participant is acting; or (iii) Market Makers, acting in their unique comply with the conditions of Rule 144A. a holder of Shares of a Foreign Fund role to provide a fair and orderly 5 Each Fund will sell and redeem Creation Units would be subject to unfavorable income on any day the Fund is open, including as required secondary market for Shares, also may by section 22(e) of the Act (each, a ‘‘Business Day’’). tax treatment if the holder receives purchase Creation Units for use in their 11 6 The portfolio used for this purpose will be the redemption proceeds in kind. own market making activities.13 same portfolio used to calculate the Fund’s NAV for 7. Each Business Day, before the open that Business Day. of trading on a national securities 12 Where a Fund permits an in-kind purchaser to 7 A tradeable round lot for a security will be the exchange as defined in section 2(a)(26) substitute cash in lieu of depositing one or more standard unit of trading in that particular type of of the Act (‘‘Stock Exchange’’), on which Deposit Instruments, the purchaser may be assessed security in its primary market. a higher Transaction Fee to offset the cost to the 8 A TBA Transaction is a method of trading Shares are listed, each Fund will cause Fund of buying those particular Deposit mortgage-backed securities. In a TBA Transaction, Instruments. the buyer and seller agree on general trade 10 Because these instruments will be excluded 13 There will be at least one Market Maker on the parameters such as agency, settlement date, par from the Creation Basket, their value will be Stock Exchange for a Fund’s Shares (e.g., NYSE amount and price. reflected in the determination of the Cash Amount Arca would designate a Lead Market Maker) to 9 This includes instruments that can be (as defined below). maintain a market for such Fund’s Shares. No transferred in kind only with the consent of the 11 A ‘‘custom order’’ is any purchase or Market Maker will be an affiliated person, or an original counterparty to the extent the Fund does redemption of Shares made in whole or in part on affiliated person of an affiliated person, of the not intend to seek such consents. a cash basis in reliance on clause (e)(i) or (e)(ii). Continued

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Applicants expect that secondary Applicants’ Legal Analysis market price of Creation Units will be market purchasers of Shares will 1. Applicants request an order under disciplined by arbitrage opportunities, include both institutional and retail section 6(c) of the Act for an exemption investors should be able to sell Shares 14 investors. Applicants expect that from sections 2(a)(32), 5(a)(1), 22(d) and in the secondary market at prices that arbitrage opportunities created by the 22(e) of the Act and rule 22c–1 under do not vary materially from their NAV. ability to continually purchase or the Act, under sections 6(c) and 17(b) of Section 22(d) of the Act and Rule 22c– redeem Creation Units at their NAV per the Act for an exemption from sections 1 Under the Act Share should ensure that the Shares will 17(a)(1) and 17(a)(2) of the Act, and 4. Section 22(d) of the Act, among not trade at a material discount or under section 12(d)(1)(J) of the Act for other things, prohibits a dealer from premium in relation to their NAV. an exemption from sections 12(d)(1)(A) selling a redeemable security that is 11. Shares will not be individually and (B) of the Act. redeemable and owners of Shares may 2. Section 6(c) of the Act provides that currently being offered to the public by acquire those Shares from a Fund, or the Commission may exempt any or through a principal underwriter, tender such shares for redemption to the person, security or transaction, or any except at a current public offering price Fund, in Creation Units only. To class of persons, securities or described in the prospectus. Rule 22c– redeem, an investor must accumulate transactions, from any provisions of the 1 under the Act generally requires that enough Shares to constitute a Creation Act, if and to the extent that such a dealer selling, redeeming, or Unit. Redemption requests must be exemption is necessary or appropriate repurchasing a redeemable security do placed by or through an Authorized in the public interest and consistent so only at a price based on its NAV. Participant. As discussed above, with the protection of investors and the Applicants state that secondary market redemptions of Creation Units will purposes fairly intended by the policy trading in Shares will take place at generally be made on an in-kind basis, and provisions of the Act. Section 17(b) negotiated prices, not at a current subject to certain specified exceptions of the Act authorizes the Commission to offering price described in the under which redemptions may be made exempt a proposed transaction from Prospectus, and not at a price based on in whole or in part on a cash basis, and section 17(a) of the Act if evidence NAV. Thus, purchases and sales of will be subject to a Transaction Fee. establishes that the terms of the Shares in the secondary market will not 12. Neither the Trust nor any Fund transaction, including the consideration comply with section 22(d) of the Act will be marketed or otherwise held out to be paid or received, are reasonable and rule 22c–1 under the Act. as a ‘‘mutual fund.’’ Instead, each Fund and fair and do not involve Applicants request an exemption under will be marketed as an ‘‘actively- overreaching on the part of any person section 6(c) from these provisions. 5. Applicants assert that the concerns managed exchange-traded fund.’’ In any concerned, and the proposed sought to be addressed by section 22(d) advertising material where features of transaction is consistent with the of the Act and rule 22c–1 under the Act obtaining, buying or selling Shares policies of the registered investment with respect to pricing are equally traded on the Stock Exchange are company and the general provisions of satisfied by the proposed method of described there will be an appropriate the Act. Section 12(d)(1)(J) of the Act pricing Shares. Applicants maintain that statement to the effect that Shares are provides that the Commission may while there is little legislative history not individually redeemable. exempt any person, security, or 13. The Funds’ Web site, which will regarding section 22(d), its provisions, transaction, or any class or classes of be publicly available prior to the public as well as those of rule 22c–1, appear to persons, securities or transactions, from offering of Shares, will include the have been designed to (a) prevent any provision of section 12(d)(1) if the Prospectus and additional quantitative dilution caused by certain riskless- exemption is consistent with the public information updated on a daily basis, trading schemes by principal interest and the protection of investors. including on a per Share basis for each underwriters and contract dealers, (b) Fund, the prior Business Day’s NAV and Sections 5(a)(1) and 2(a)(32) of the Act prevent unjust discrimination or the market closing price or mid-point of 3. Section 5(a)(1) of the Act defines an preferential treatment among buyers the bid/ask spread at the time of the ‘‘open-end company’’ as a management resulting from sales at different prices, calculation of such NAV (‘‘Bid/Ask investment company that is offering for and (c) assure an orderly distribution Price’’), and a calculation of the sale or has outstanding any redeemable system of investment company shares premium or discount of the market security of which it is the issuer. by eliminating price competition from closing price or Bid/Ask Price against Section 2(a)(32) of the Act defines a brokers offering shares at less than the such NAV. On each Business Day, redeemable security as any security, published sales price and repurchasing before commencement of trading in other than short-term paper, under the shares at more than the published Shares on the Stock Exchange, the Fund terms of which the holder, upon its redemption price. 6. Applicants believe that none of will disclose on its Web site the presentation to the issuer, is entitled to these purposes will be thwarted by identities and quantities of the Portfolio receive approximately a proportionate permitting Shares to trade in the Instruments, held by the Fund that will share of the issuer’s current net assets, secondary market at negotiated prices. form the basis for the Fund’s calculation or the cash equivalent. Because Shares 15 Applicants state that (a) secondary of NAV at the end of the Business Day. will not be individually redeemable, market trading in Shares does not applicants request an order that would Funds, except within section 2(a)(3)(A) or (C) of the involve the Funds as parties and cannot permit each Fund to redeem Shares in Act due to ownership of Shares, as described below. result in dilution of an investment in 14 Creation Units only. Applicants state Shares will be registered in book-entry form Shares, and (b) to the extent different only. DTC or its nominee will be the record or that investors may purchase Shares in prices exist during a given trading day, registered owner of all outstanding Shares. Creation Units from each Fund and or from day to day, such variances occur Beneficial ownership of Shares will be shown on redeem Creation Units from each Fund. the records of DTC or DTC Participants. as a result of third-party market forces, Applicants further state that because the 15 Applicants note that under accounting such as supply and demand. Therefore, procedures followed by the Funds, trades made on the prior Business Day will be booked and reflected of the Business Day the portfolio that will form the applicants assert that secondary market in NAV on the current Business Day. Accordingly, basis for the NAV calculation at the end of the transactions in Shares will not lead to the Funds will be able to disclose at the beginning Business Day. discrimination or preferential treatment

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among purchasers. Finally, applicants Section 12(d)(1) of the Act common control with the Sub-Adviser, contend that the proposed distribution 9. Section 12(d)(1)(A) of the Act and any investment company or issuer system will be orderly because arbitrage prohibits a registered investment that would be an investment company activity should ensure that the company from acquiring shares of an but for sections 3(c)(1) or 3(c)(7) of the difference between the market price of investment company if the securities Act (or portion of such investment Shares and their NAV remains narrow. represent more than 3% of the total company or issuer) advised or sponsored by the Sub-Adviser or any Section 22(e) of the Act outstanding voting stock of the acquired company, more than 5% of the total person controlling, controlled by or 7. Section 22(e) of the Act generally assets of the acquiring company, or, under common control with the Sub- prohibits a registered investment together with the securities of any other Adviser (‘‘Investing Fund’s Sub- company from suspending the right of investment companies, more than 10% Advisory Group’’). redemption or postponing the date of of the total assets of the acquiring 12. Applicants propose a condition to payment of redemption proceeds for company. Section 12(d)(1)(B) of the Act ensure that no Investing Fund or prohibits a registered open-end more than seven days after the tender of Investing Fund Affiliate 16 (except to the investment company, its principal a security for redemption. Applicants extent it is acting in its capacity as an underwriter, or any other broker or observe that settlement of redemptions investment adviser to a Fund) will cause of Creation Units of Foreign Funds is dealer from selling its shares to another investment company if the sale will a Fund to purchase a security in an contingent not only on the settlement offering of securities during the cycle of the U.S. securities markets but cause the acquiring company to own more than 3% of the acquired existence of an underwriting or selling also on the delivery cycles present in company’s voting stock, or if the sale syndicate of which a principal foreign markets in which those Funds will cause more than 10% of the underwriter is an Underwriting Affiliate invest. Applicants have been advised acquired company’s voting stock to be (‘‘Affiliated Underwriting’’). An that, under certain circumstances, the owned by investment companies ‘‘Underwriting Affiliate’’ is a principal delivery cycles for transferring Portfolio generally. underwriter in any underwriting or Instruments to redeeming investors, 10. Applicants request relief to permit selling syndicate that is an officer, coupled with local market holiday Investing Funds to acquire Shares in director, member of an advisory board, schedules, will require a delivery excess of the limits in section Investing Fund Adviser, Sub-Adviser, process of up to 15 calendar days. 12(d)(1)(A) of the Act and to permit the employee or Sponsor of the Investing Applicants therefore request relief from Funds, their principal underwriters and Fund, or a person of which any such section 22(e) in order to provide any Broker to sell Shares to Investing officer, director, member of an advisory payment or satisfaction of redemptions Funds in excess of the limits in section board, Investing Fund Adviser, Sub- within the maximum number of 12(d)(l)(B) of the Act. Applicants submit Adviser, employee or Sponsor is an calendar days required for such that the proposed conditions to the affiliated person (except any person payment or satisfaction, up to a requested relief address the concerns whose relationship to the Fund is maximum of 15 calendar days, in the underlying the limits in section 12(d)(1), covered by section 10(f) of the Act is not which include concerns about undue principal local markets where an Underwriting Affiliate). transactions in the Portfolio Instruments influence, excessive layering of fees and of each Foreign Fund customarily clear overly complex structures. 13. Applicants propose several and settle, but in all cases no later than 11. Applicants submit that their conditions to address the potential for 15 calendar days following the tender of proposed conditions address any layering of fees. Applicants note that the a Creation Unit. concerns regarding the potential for board of directors or trustees (‘‘Board’’) undue influence. To limit the control of any Investing Management Company, 8. Applicants state that section 22(e) that an Investing Fund may have over a including a majority of the directors or was designed to prevent unreasonable, Fund, applicants propose a condition trustees who are not ‘‘interested undisclosed and unforeseen delays in prohibiting the adviser of an Investing persons’’ within the meaning of section the actual payment of redemption Management Company (‘‘Investing Fund 2(a)(19) of the Act (‘‘disinterested proceeds. Applicants assert that the Adviser’), sponsor of an Investing Trust directors or trustees’’), will be required requested relief will not lead to the (‘‘Sponsor’’), any person controlling, problems that section 22(e) was to find that the advisory fees charged controlled by, or under common control under the contract are based on services designed to prevent. Applicants state with the Investing Fund Adviser or that allowing redemption payments for provided that will be in addition to, Sponsor, and any investment company rather than duplicative of, services Creation Units of a Fund to be made or issuer that would be an investment within a maximum of 15 calendar days provided under the advisory contract of company but for sections 3(c)(1) or any Fund in which the Investing would not be inconsistent with the 3(c)(7) of the Act that is advised or spirit and intent of section 22(e). Management Company may invest. sponsored by the Investing Fund Applicants also state that any sales Applicants state the SAI will disclose Adviser, the Sponsor, or any person charges and/or service fees charged with those local holidays (over the period of controlling, controlled by, or under respect to shares of an Investing Fund at least one year following the date of common control with the Investing will not exceed the limits applicable to the SAI), if any, that are expected to Fund Adviser or Sponsor (‘‘Investing prevent the delivery of redemption Fund’s Advisory Group’’) from 16 proceeds in seven calendar days and the controlling (individually or in the An ‘‘Investing Fund Affiliate’’ is any Investing Fund Adviser, Sub-Adviser, Sponsor, promoter and maximum number of days needed to aggregate) a Fund within the meaning of principal underwriter of an Investing Fund, and any deliver the proceeds for each affected section 2(a)(9) of the Act. The same person controlling, controlled by or under common Foreign Fund. Applicants are not prohibition would apply to any sub- control with any of these entities. ‘‘Fund Affiliate’’ seeking relief from section 22(e) with adviser to an Investing Management is an investment adviser, promoter, or principal underwriter of a Fund or any person controlling, respect to Foreign Funds that do not Company (‘‘Sub-Adviser’’), any person controlled by or under common control with any effect creations or redemptions in-kind. controlling, controlled by or under of these entities.

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a fund of funds as set forth in NASD persons that are affiliated persons or directly from a Fund will be based on Conduct Rule 2830.17 second tier affiliates of the Funds solely the NAV of the Fund in accordance with 14. Applicants submit that the by virtue of one or more of the policies and procedures set forth in the proposed arrangement will not create an following: (a) Holding 5% or more, or in Fund’s registration statement.20 overly complex fund structure. excess of 25%, of the outstanding Applicants also state that the proposed Applicants note that a Fund will be Shares of one or more Funds; (b) having transactions are consistent with the prohibited from acquiring securities of an affiliation with a person with an general purposes of the Act and any investment company or company ownership interest described in (a); or appropriate in the public interest. (c) holding 5% or more, or more than relying on section 3(c)(1) or 3(c)(7) of Applicants’ Conditions the Act in excess of the limits contained 25% of the Shares of one or more in section 12(d)(1)(A) of the Act, except Affiliated Funds.18 Applicants also Applicants agree that any order of the to the extent permitted by exemptive request an exemption in order to permit Commission granting the requested relief from the Commission permitting a Fund to sell its Shares to and redeem relief will be subject to the following the Fund to purchase shares of other its Shares from, and engage in the in- conditions: investment companies for short-term kind transactions that would A. ETF Relief cash management purposes. accompany such sales and redemptions 1. As long as a Fund operates in 15. To ensure that an Investing Fund with, certain Investing Funds of which reliance on the requested order, the is aware of the terms and conditions of the Funds are an affiliated person or a Shares of the Funds will be listed on a the requested order, the Investing Funds second tier affiliate.19 18. Applicants assert that no useful Stock Exchange. must enter into an agreement with the 2. Neither the Trust nor any Fund will respective Funds (‘‘FOF Participation purpose would be served by prohibiting such affiliated persons from making in- be advertised or marketed as an open- Agreement’’). The FOF Participation end investment company or a mutual Agreement will include an kind purchases or in-kind redemptions of Shares of a Fund in Creation Units. fund. Any advertising material that acknowledgement from the Investing describes the purchase or sale of Fund that it may rely on the order only Absent the unusual circumstances discussed in the application, the Creation Units or refers to redeemability to invest in a Fund and not in any other will prominently disclose that the investment company. Deposit Instruments and Redemption Instruments available for a Fund will be Shares are not individually redeemable Sections 17(a)(1) and (2) of the Act the same for all purchasers and and that owners of the Shares may purchase those Shares from the Fund 16. Section 17(a) of the Act generally redeemers, respectively, and will and tender those Shares for redemption prohibits an affiliated person of a correspond pro rata to the Fund’s to the Fund in Creation Units only. registered investment company, or an Portfolio Instruments. The deposit procedures for in-kind purchases of 3. The Web site for each Fund, which affiliated person of such a person is and will be publicly accessible at no (‘‘second tier affiliate’’), from selling any Creation Units and the redemption procedures for in-kind redemptions will charge, will contain, on a per Share security to or purchasing any security basis for each Fund: the prior Business from the company. Section 2(a)(3) of the be the same for all purchases and redemptions. Deposit Instruments and Day’s NAV and the market closing price Act defines ‘‘affiliated person’’ to or Bid/Ask Price, and a calculation of include any person directly or indirectly Redemption Instruments will be valued in the same manner as those Portfolio the premium or discount of the market owning, controlling, or holding with closing price or Bid/Ask Price against power to vote, 5% or more of the Instruments currently held by the relevant Funds. Applicants do not such NAV. outstanding voting securities of the 4. On each Business Day, before other person and any person directly or believe that in-kind purchases and redemptions will result in abusive self- commencement of trading in Shares on indirectly controlling, controlled by, or the listing Stock Exchange, the Fund under common control with, the other dealing or overreaching of the Fund. 19. Applicants also submit that the will disclose on its Web site the person. Section 2(a)(9) of the Act sale of Shares to and redemption of identities and quantities of the Portfolio defines ‘‘control’’ as the power to Shares from an Investing Fund meets Instruments held by the Fund that will exercise a controlling influence over the the standards for relief under sections form the basis for the Fund’s calculation management or policies of a company 17(b) and 6(c) of the Act. Applicants of NAV at the end of the Business Day. and provides that a control relationship note that any consideration paid for the 5. The Adviser or Fund Sub-Adviser, will be presumed where one person purchase or redemption of Shares directly or indirectly, will not cause any owns more than 25% of another Authorized Participant (or any investor person’s voting securities. Each Fund 18 Applicants are not seeking relief from section on whose behalf an Authorized may be deemed to be controlled by an 17(a) for, and the requested relief will not apply to, Participant may transact with the Fund) Adviser and hence affiliated persons of transactions where a Fund could be deemed an to acquire any Deposit Instrument for each other. In addition, the Funds may affiliated person, or an affiliated person of an affiliated person, of an Investing Fund because an the Fund through a transaction in which be deemed to be under common control investment adviser to the Funds is also an the Fund could not engage directly. with any other registered investment investment adviser to an Investing Fund. 6. The requested relief to permit ETF company (or series thereof) advised by 19 Applicants anticipate that most Investing operations will expire on the effective an Adviser (an ‘‘Affiliated Fund’’). Funds will purchase Shares in the secondary date of any Commission rule under the market and will not purchase Creation Units 17. Applicants request an exemption directly from a Fund. To the extent purchases and under sections 6(c) and 17(b) of the Act sales of Shares occur in the secondary market and 20 Applicants acknowledge that the receipt of from sections 17(a)(1) and 17(a)(2) of the not through principal transactions directly between compensation by (a) an affiliated person of an Act to permit in-kind purchases and and Investing Fund and a Fund, relief from section Investing Fund, or an affiliated person of such 17(a) would not be necessary. However, the person, for the purchase by the Investing Fund of redemptions of Creation Units by requested relief would apply to direct sales of Shares of the Fund or (b) an affiliated person of a Shares in Creation Units by a Fund to an Investing Fund, or an affiliated person of such person, for the 17 Any reference to NASD Conduct Rule 2830 Fund and redemptions of those Shares. The sale by the Fund of its Shares to an Investing Fund, includes any successor or replacement rule that requested relief is intended to also cover the in-kind may be prohibited by section 17(e)(1) of the Act. may be adopted by the Financial Industry transactions that would accompany such sales and The FOF Participation Agreement also will include Regulatory Authority. redemptions. this acknowledgment.

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Act that provides relief permitting the with the same services or transactions; purchased in an Affiliated Underwriting operation of actively-managed and (iii) does not involve overreaching compares to the performance of exchange-traded funds. on the part of any person concerned. comparable securities purchased during This condition does not apply with a comparable period of time in B. 12(d)(1) Relief respect to any services or transactions underwritings other than Affiliated 1. The members of the Investing between a Fund and its investment Underwritings or to a benchmark such Fund’s Advisory Group will not control adviser(s), or any person controlling, as a comparable market index; and (iii) (individually or in the aggregate) a Fund controlled by or under common control whether the amount of securities within the meaning of section 2(a)(9) of with such investment adviser(s). purchased by the Fund in Affiliated the Act. The members of the Investing 5. The Investing Fund Adviser, or Underwritings and the amount Fund’s Sub-Advisory Group will not Trustee or Sponsor, as applicable, will purchased directly from an control (individually or in the aggregate) waive fees otherwise payable to it by the Underwriting Affiliate have changed a Fund within the meaning of section Investing Fund in an amount at least significantly from prior years. The 2(a)(9) of the Act. If, as a result of a equal to any compensation (including Board will take any appropriate actions decrease in the outstanding voting fees received pursuant to any plan based on its review, including, if securities of a Fund, the Investing adopted by a Fund under rule 12b–1 appropriate, the institution of Fund’s Advisory Group or the Investing under the Act) received from a Fund by procedures designed to ensure that Fund’s Sub-Advisory Group, each in the the Investing Fund Adviser, or Trustee purchases of securities in Affiliated aggregate, becomes a holder of more or Sponsor, or an affiliated person of the Underwritings are in the best interest of than 25 percent of the outstanding Investing Fund Adviser, or Trustee or shareholders. voting securities of a Fund, it will vote Sponsor, other than any advisory fees 8. Each Fund will maintain and its Shares of the Fund in the same paid to the Investing Fund Adviser, or preserve permanently in an easily proportion as the vote of all other Trustee or Sponsor, or its affiliated accessible place a written copy of the holders of the Fund’s Shares. This person by the Fund, in connection with procedures described in the preceding condition does not apply to the the investment by the Investing Fund in condition, and any modifications to Investing Fund’s Sub-Advisory Group the Fund. Any Sub-Adviser will waive such procedures, and will maintain and with respect to a Fund for which the fees otherwise payable to the Sub- preserve for a period of not less than six Sub-Adviser or a person controlling, Adviser, directly or indirectly, by the years from the end of the fiscal year in controlled by or under common control Investing Management Company in an which any purchase in an Affiliated with the Sub-Adviser acts as the amount at least equal to any Underwriting occurred, the first two investment adviser within the meaning compensation received from a Fund by years in an easily accessible place, a of section 2(a)(20)(A) of the Act. the Sub-Adviser, or an affiliated person written record of each purchase of 2. No Investing Fund or Investing of the Sub-Adviser, other than any securities in Affiliated Underwritings Fund Affiliate will cause any existing or advisory fees paid to the Sub-Adviser or once an investment by an Investing potential investment by the Investing its affiliated person by the Fund, in Fund in the securities of the Fund Fund in a Fund to influence the terms connection with the investment by the exceeds the limit of section of any services or transactions between Investing Management Company in the 12(d)(1)(A)(i) of the Act, setting forth the Investing Fund or an Investing Fund Fund made at the direction of the Sub- from whom the securities were Affiliate and the Fund or a Fund Adviser. In the event that the Sub- acquired, the identity of the Affiliate. Adviser waives fees, the benefit of the underwriting syndicate’s members, the 3. The board of directors or trustees of waiver will be passed through to the terms of the purchase, and the an Investing Management Company, Investing Management Company. information or materials upon which including a majority of the disinterested 6. No Investing Fund or Investing the Board’s determinations were made. directors or trustees, will adopt Fund Affiliate (except to the extent it is 9. Before investing in a Fund in procedures reasonably designed to acting in its capacity as an investment excess of the limit in section assure that the Investing Fund Adviser adviser to a Fund) will cause a Fund to 12(d)(1)(A), an Investing Fund will and any Sub-Adviser are conducting the purchase a security in an Affiliated execute a FOF Participation Agreement investment program of the Investing Underwriting. with the Fund stating that their Management Company without taking 7. The Board of the Fund, including respective boards of directors or trustees into account any consideration received a majority of the disinterested Board and their investment advisers, or by the Investing Management Company members, will adopt procedures Trustee and Sponsor, as applicable, or an Investing Fund Affiliate from a reasonably designed to monitor any understand the terms and conditions of Fund or a Fund Affiliate in connection purchases of securities by the Fund in the order, and agree to fulfill their with any services or transactions. an Affiliated Underwriting, once an responsibilities under the order. At the 4. Once an investment by an Investing investment by an Investing Fund in the time of its investment in Shares of a Fund in the Shares exceeds the limit in securities of the Fund exceeds the limit Fund in excess of the limit in section section l2(d)(1)(A)(i) of the Act, the of section 12(d)(1)(A)(i) of the Act, 12(d)(1)(A)(i), an Investing Fund will Board of a Fund, including a majority of including any purchases made directly notify the Fund of the investment. At the disinterested Board members, will from an Underwriting Affiliate. The such time, the Investing Fund will also determine that any consideration paid Board will review these purchases transmit to the Fund a list of the names by the Fund to the Investing Fund or an periodically, but no less frequently than of each Investing Fund Affiliate and Investing Fund Affiliate in connection annually, to determine whether the Underwriting Affiliate. The Investing with any services or transactions: (i) Is purchases were influenced by the Fund will notify the Fund of any fair and reasonable in relation to the investment by the Investing Fund in the changes to the list as soon as reasonably nature and quality of the services and Fund. The Board will consider, among practicable after a change occurs. The benefits received by the Fund; (ii) is other things: (i) Whether the purchases Fund and the Investing Fund will within the range of consideration that were consistent with the investment maintain and preserve a copy of the the Fund would be required to pay to objectives and policies of the Fund; (ii) order, the FOF Participation Agreement, another unaffiliated entity in connection how the performance of securities and the list with any updated

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information for the duration of the U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) publishing this notice to solicit investment and for a period of not less and 17 CFR 200.402(a)(3), (5), (7), 9(ii) comments on the proposed rule change than six years thereafter, the first two and (10), permit consideration of the from interested persons. years in an easily accessible place. scheduled matters at the Closed I. Self-Regulatory Organization’s 10. Before approving any advisory Meetings. Statement of the Terms of Substance of contract under section 15 of the Act, the Commissioner Paredes, as duty the Proposed Rule Change board of directors or trustees of each officer, voted to consider the items Investing Management Company, listed for the Closed Meetings in closed The Exchange proposes to delay the including a majority of the disinterested sessions. implementation date of changes to directors or trustees, will find that the The subject matter of the Closed Market-Makers’ continuous quoting advisory fees charged under such Meeting scheduled for Wednesday, obligations. contract are based on services provided August 22, 2012 will be a litigation The text of the proposed rule change that will be in addition to, rather than matter. is available on the Exchange’s Web site duplicative of, the services provided The subject matter of the Closed (http://www.cboe.com/AboutCBOE/ under the advisory contract(s) of any Meeting scheduled for Thursday, CBOELegalRegulatoryHome.aspx), at Fund in which the Investing August 23, 2012 will be: the Exchange’s Office of the Secretary, Management Company may invest. Institution and settlement of injunctive and at the Commission. These findings and their basis will be actions; II. Self-Regulatory Organization’s recorded fully in the minute books of Institution and settlement of Statement of the Purpose of, and the appropriate Investing Management administrative proceedings; and Statutory Basis for, the Proposed Rule Company. Other matters relating to enforcement Change 11. Any sales charges and/or service proceedings. In its filing with the Commission, the fees charged with respect to shares of an At times, changes in Commission Investing Fund will not exceed the Exchange included statements priorities require alterations in the concerning the purpose of and basis for limits applicable to a fund of funds as scheduling of meeting items. set forth in NASD Conduct Rule 2830. the proposed rule change and discussed For further information and to any comments it received on the 12. No Fund relying on this section ascertain what, if any, matters have been 12(d)(1) relief will acquire securities of proposed rule change. The text of these added, deleted or postponed, please statements may be examined at the any investment company or company contact: relying on section 3(c)(1) or 3(c)(7) of places specified in Item IV below. The The Office of the Secretary at (202) Exchange has prepared summaries, set the Act in excess of the limits contained 551–5400. in section 12(d)(1)(A) of the Act, except forth in sections A, B, and C below, of to the extent permitted by exemptive Dated: August 15, 2012. the most significant aspects of such relief from the Commission permitting a Elizabeth M. Murphy, statements. Fund to purchase shares of other Secretary. A. Self-Regulatory Organization’s investment companies for short-term [FR Doc. 2012–20400 Filed 8–15–12; 4:15 pm] Statement of the Purpose of, and cash management purposes. BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule For the Commission, by the Division of Change Investment Management, under delegated authority. SECURITIES AND EXCHANGE 1. Purpose Jill M. Peterson, COMMISSION The Exchange recently submitted a Assistant Secretary. [Release No. 34–67644; File No. SR–CBOE– proposed rule change to amend Rule [FR Doc. 2012–20264 Filed 8–16–12; 8:45 am] 2012–077] 1.1(ccc), ‘‘Continuous Electronic Quotes,’’ to reduce to 90% the BILLING CODE 8011–01–P Self-Regulatory Organizations; percentage of time for which a Market- Chicago Board Options Exchange, Maker is required to provide electronic SECURITIES AND EXCHANGE Incorporated; Notice of Filing and quotes in an appointed option class on COMMISSION Immediate Effectiveness of a Proposed a given trading day.3 That filing also Rule Change To Delay the included a proposed rule change to Sunshine Act Meeting Implementation Date of Changes to amend Rules 8.13, 8.15A, 8.85, and 8.93 Market-Makers’ Continuous Quoting to increase to the lesser of 99% or 100% Notice is hereby given, pursuant to Obligations minus one call-put pair the percentage the provisions of the Government in the of series in each class in which Sunshine Act, Public Law 94–409, that August 13, 2012. Preferred Market-Makers, Lead Market- the Securities and Exchange Pursuant to Section 19(b)(1) of the Makers, Designated Primary Market- Commission will hold a Closed Meeting Securities Exchange Act of 1934 (the Makers, and Electronic Designated 1 2 on Wednesday, August 22, 2012 at 2:00 ‘‘Act’’), and Rule 19b–4 thereunder, Primary Market-Makers, respectively p.m. and Thursday, August 23, 2012 at notice is hereby given that on August 3, (collectively, ‘‘Market-Makers’’), must 2:00 p.m. 2012, Chicago Board Options Exchange, provide continuous electronic quotes. Commissioners, Counsel to the Incorporated (the ‘‘Exchange’’ or The Exchange is proposing to delay Commissioners, the Secretary to the ‘‘CBOE’’) filed with the Securities and implementation of these changes to Commission, and recording secretaries Exchange Commission (the allow Market-Makers more time to make will attend the Closed Meetings. Certain ‘‘Commission’’) the proposed rule necessary system changes to comply staff members who have an interest in change as described in Items I and II with these new quoting obligations. The the matters also may be present. below, which Items have been prepared Exchange will announce the The General Counsel of the by the Exchange. The Commission is Commission, or his designee, has 3 Securities Exchange Act Release No. 34–67410 certified that, in his opinion, one or 1 15 U.S.C. 78s(b)(1). (July 11, 2012), 77 FR 42040 (July 17, 2012) (SR– more of the exemptions set forth in 5 2 17 CFR 240.19b–4. CBOE–2012–064).

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implementation date of the proposed competition; and (iii) become operative investors, or otherwise in furtherance of rule change in a Regulatory Circular to prior to 30 days from the date on which the purposes of the Act. If the be published no later than 90 days it was filed, or such shorter time as the Commission takes such action, the following the effective date. The Commission may designate, if Commission shall institute proceedings implementation date will be no later consistent with the protection of to determine whether the proposed rule than 150 days following the effective investors and the public interest, the should be approved or disapproved. date. proposed rule change has become effective pursuant to Section 19(b)(3)(A) IV. Solicitation of Comments 2. Statutory Basis of the Act 8 and Rule 19b–4(f)(6)(iii) Interested persons are invited to The Exchange believes the proposed thereunder.9 submit written data, views, and rule change is consistent with the Act A proposed rule change filed under arguments concerning the foregoing, and the rules and regulations Rule 19b–4(f)(6) 10 normally does not including whether the proposed rule thereunder applicable to the Exchange become operative prior to 30 days after change is consistent with the Act. and, in particular, the requirements of the date of the filing. However, pursuant Comments may be submitted by any of Section 6(b) of the Act.4 Specifically, to Rule 19b–4(f)(6)(iii),11 the the following methods: the Exchange believes the proposed rule Commission may designate a shorter change is consistent with the Section time if such action is consistent with the Electronic Comments 6(b)(5) 5 requirements that the rules of protection of investors and the public • Use the Commission’s Internet an exchange be designed to promote just interest. comment form (http://www.sec.gov/ and equitable principles of trade, to The Exchange has asked the rules/sro.shtml); or prevent fraudulent and manipulative Commission to waive the 30-day • Send an email to rule- acts, to remove impediments to and to operative delay so that the proposed [email protected]. Please include File perfect the mechanism for a free and rule change may become operative Number SR–CBOE–2012–077 on the open market and a national market immediately upon filing. The Exchange subject line. system, and, in general, to protect has indicated that delaying the investors and the public interest. implementation date of the changes to Paper Comments In particular, the Exchange believes Market-Makers’ continuous quoting • Send paper comments in triplicate that delaying the implementation date obligations will allow additional time to Elizabeth M. Murphy, Secretary, of these changes to Market-Makers’ for Market-Makers to adjust their Securities and Exchange Commission, continuous quoting obligations to allow systems to be consistent with the 100 F Street NE., Washington, DC Market-Makers to adjust their systems to amended quoting obligations, which 20549–1090. be consistent with these new obligations should encourage more efficient order entry practices to the benefit of All submissions should refer to File will provide efficiencies that will Number SR–CBOE–2012–077. This file benefit investors and the public interest investors and the public interest. Waiving the 30-day operative delay number should be included on the and encourage more efficient order subject line if email is used. To help the entry practices by Market-Makers. should help to avoid any confusion that could result if the amendments to the Commission process and review your B. Self-Regulatory Organization’s continuous quoting obligations became comments more efficiently, please use Statement on Burden on Competition operative, and then this proposed rule only one method. The Commission will post all comments on the Commission’s CBOE does not believe that the change to delay implementation became operative at a later time. Therefore, the Internet Web site (http://www.sec.gov/ proposed rule change will impose any rules/sro.shtml). Copies of the burden on competition that is not Commission believes that waiving the 30-day operative delay is consistent submission, all subsequent necessary or appropriate in furtherance amendments, all written statements of the purposes of the Act. with the protection of investors and the public interest and designates the with respect to the proposed rule C. Self-Regulatory Organization’s proposed rule change as operative upon change that are filed with the Statement on Comments on the filing.12 Commission, and all written Proposed Rule Change Received From At any time within 60 days of the communications relating to the Members, Participants, or Others filing of the proposed rule change, the proposed rule change between the Commission and any person, other than The Exchange neither solicited nor Commission summarily may those that may be withheld from the received comments on the proposed temporarily suspend such rule change if public in accordance with the rule change. it appears to the Commission that such action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be III. Date of Effectiveness of the public interest, for the protection of available for Web site viewing and Proposed Rule Change and Timing for printing in the Commission’s Public Commission Action 8 15 U.S.C. 78s(b)(3)(A). Reference Room, 100 F Street NE., 9 17 CFR 240.19b–4(f)(6)(iii). The Exchange has The Exchange has filed the proposed Washington, DC 20549, on official requested that the Commission waive the business days between the hours of 10 rule change pursuant to Section requirement that the Exchange provide the 19(b)(3)(A)(iii) of the Act 6 and Rule Commission written notice of its intent to file the a.m. and 3 p.m. Copies of the filing also 7 proposed rule change, along with a brief description will be available for inspection and 19b–4(f)(6) thereunder. Because the and text of the proposed rule change, at least five proposed rule change does not: (i) copying at the principal office of the business days prior to the date on which the Exchange. All comments received will Significantly affect the protection of Exchange filed the proposed rule change pursuant investors or the public interest; (ii) to Rule 19b–4(f)(6)(iii). The Commission hereby be posted without change; the impose any significant burden on grants this request. Commission does not edit personal 10 17 CFR 240.19b–4(f)(6). identifying information from 11 17 CFR 240.19b–4(f)(6)(iii). 4 submissions. You should submit only 15 U.S.C. 78f(b). 12 For purposes only of waiving the 30-day 5 information that you wish to make 15 U.S.C. 78f(b)(5). operative delay, the Commission has considered the 6 15 U.S.C. 78s(b)(3)(A)(iii). proposed rule’s impact on efficiency, competition, available publicly. All submissions 7 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). should refer to File Number SR–CBOE–

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2012–077 and should be submitted on comments on the proposed rule change The Exchange proposes to amend the or before September 7, 2012. from interested persons. language in Rule 11.15(a)(ii)(A) and (B) to explicitly provide that incoming For the Commission, by the Division of I. Self-Regulatory Organization’s orders may be routed to any ‘‘Trading Trading and Markets, pursuant to delegated Statement of the Terms of Substance of 13 Center’’ which is defined by the authority. the Proposed Rule Change Jill M. Peterson, Exchange under NSX Rule 2.11(a) to National Stock Exchange, Inc. 4 Assistant Secretary. include alternative trading systems. (‘‘NSX’’® or ‘‘Exchange’’) is proposing to The Exchange further proposes to [FR Doc. 2012–20261 Filed 8–16–12; 8:45 am] modify the text of NSX Rule 11.15 to clarify that the Exchange’s Routing BILLING CODE 8011–01–P clarify the manner in which certain Logic determines the venue or venues to orders are routed by the Exchange to which an order may be routed. ‘‘Routing SECURITIES AND EXCHANGE other market centers. Logic’’ will be defined under Rule The text of the proposed rule change COMMISSION 1.5(R)(2) as ‘‘the methodology used to is available on the Exchange’s Web site determine the Trading Center to which [Release No. 34–67574; File No. SR–CBOE– at http://www.nsx.com, at the principal an incoming order will be directed for 2012–069] office of the Exchange, and at the potential execution.’’ The Exchange is Commission’s Public Reference Room. also proposing to add subsection (C) to Self-Regulatory Organizations; NSX Rule 11.15(a)(ii) which will clarify Chicago Board Options Exchange, II. Self-Regulatory Organization’s that the Exchange may alter the Routing Incorporated; Notice of Filing and Statement of the Purpose of, and Logic without notice.5 Immediate Effectiveness of Proposed Statutory Basis for, the Proposed Rule The Exchange also proposes to amend Rule Change Related to the Extension Change 11.15(a)(ii)(A) and (B) by modifying the of the CBSX Individual Stock Trading In its filing with the Commission, the phrase ‘‘for execution’’ to ‘‘for potential Pause Pilot Program Exchange included statements execution’’ in order to clarify the fact concerning the purpose of and basis for August 2, 2012. that a routed order may not necessarily the proposed rule change and discussed receive an execution at the away Correction any comments it received on the Trading Center. In notice document 2012–19356 proposed rule change. The text of these Finally, the references to converted appearing on pages 47450–47452 in the statements may be examined at the and routed ‘‘limit orders’’ in Rule issue of Wednesday, August 7, 2012, places specified in Item IV below. The 11.15(a)(ii)(A) and (B) are proposed to make the following correction: Exchange has prepared summaries, set be modified as ‘‘limit IOC Orders’’ in On page 47450, in the second column, forth in sections A, B, and C below, of order to clarify that such orders are the File No. is corrected to read as set the most significant parts of such routed with a time in force of forth above. statements. immediate-or-cancel. [FR Doc. C1–2012–19356 Filed 8–16–12; 8:45 am] A. Self-Regulatory Organization’s The proposed amendments benefit BILLING CODE 1505–01–D Statement of the Purpose of, and Equity Trading Permit (‘‘ETP’’) Holders Statutory Basis for, the Proposed Rule by providing them with additional Change information regarding the Exchange’s SECURITIES AND EXCHANGE order routing process. 1. Purpose COMMISSION 2. Statutory Basis The Exchange currently uses routing [Release No. 34–67647; File No. SR–NSX– logic to direct certain incoming orders The Exchange believes the proposed 2012–12] to other trading centers for execution in rule change is consistent with Section 6 of the Act,6 Self-Regulatory Organizations; accordance with Rule 11.15(a)(ii) and the rules and National Stock Exchange, Inc.; Notice (‘‘Routing to Away Trading Centers’’ for regulations thereunder and, in ‘‘Orders Other Than Sweep Orders’’). particular, the requirements of Section of Filing and Immediate Effectiveness 7 of Proposed Rule Change To Modify The Exchange is proposing to amend 6(b) of the Act. Specifically, the the Text of NSX Rule 11.15 To Clarify Rule 11.15(a)(ii) in order to provide that Exchange believes the modification of the Manner in Which Certain Orders (i) the Exchange may route incoming Rule 11.15 furthers the objective of are Routed by the Exchange to Other orders to alternative trading systems, (ii) Section 6(b)(5) of the Act because it Market Centers routed orders may not receive an clearly explains the potential venues to execution and (iii) limit orders routed which the Exchange may route orders. August 14, 2012. pursuant to Rule 11.15(a)(ii) will be The proposed amendments clarify how Pursuant to Section 19(b)(1) of the routed with a time in force of immediate the Exchange routes incoming orders Securities Exchange Act of 1934 or cancel (‘‘IOC’’). other than Sweep Orders. Accordingly, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 NSX Rule 11.15(a)(ii) currently the Exchange believes that the proposed notice is hereby given that on August 9, provides in clause (B) that, unless the rule change promotes just and equitable 2012, National Stock Exchange, Inc. terms of an order direct otherwise, the (‘‘NSX’’ or ‘‘Exchange’’) filed with the Exchange will route incoming orders 4 See NSX Rule 2.11(a) which defines a ‘‘Trading Securities and Exchange Commission (other than Sweep Orders 3) to ‘‘the Center’’ as ‘‘other securities exchanges, facilities of securities exchanges, automated trading systems, (‘‘Commission’’) the proposed rule applicable trading center for execution electronic communications networks or other change as described in Items I and II against the applicable protected brokers or dealers.’’ below, which Items have been prepared quotation at the Protected NBBO.’’ A 5 The Exchange currently offers a single routing by the Exchange. The Commission is Protected NBBO is defined under NSX option through its subsidiary broker-dealer, NSX Securities LLC (‘‘NSXS’’), which entity may engage publishing this notice to solicit Rule 1.5(P)(2) as ‘‘the national best bid one or more third-party routing broker-dealers to or offer that is a protected quotation.’’ route orders, at the direction of the Exchange, to 13 17 CFR 200.30–3(a)(12). away Trading Centers. 1 15 U.S.C. 78s(b)(1). 3 A Sweep Order is defined in NSX Rule 6 15 U.S.C. 78f. 2 17 CFR 240.19b–4. 11.11(c)(7). 7 15 U.S.C. 78f(b).

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principles of trade, will remove to Rule 19b4(f)(6)(iii),12 the Commission Internet Web site (http://www.sec.gov/ impediments to, and perfect the may designate a shorter time if such rules/sro.shtml). mechanism of a free and open market action is consistent with the protection Copies of the submission, all and a national market system and, in of investors and the public interest. subsequent amendments, all written general, protects investors and the The Exchange has requested that the statements with respect to the proposed public interest. Commission waive the 30-day operative rule change that are filed with the The proposed rule change provides delay. The Commission believes that Commission, and all written transparency and certainty with respect waiver of the operative delay is communications relating to the to how orders are routed by the consistent with the protection of proposed rule change between the Exchange. In so doing, the proposed investors and the public interest Commission and any person, other than rule change promotes the maintenance because such waiver will allow the those that may be withheld from the of a fair and orderly market, the Exchange to route certain orders to public in accordance with the protection of investors and the additional Trading Centers that may provisions of 5 U.S.C. 552, will be protection of the public interest, execute such orders faster and at the available for Web site viewing and consistent with the Act and the rules best price available. In addition, the printing in the Commission’s Public promulgated thereunder. proposed rule change will provide Reference Room, 100 F Street NE., clarity regarding the manner in which Washington, DC 20549, on official B. Self-Regulatory Organization’s the Exchange routes certain orders and business days between the hours of 10 Statement on Burden on Competition should eliminate potential confusion in a.m. and 3 p.m. Copies of the filing also The Exchange does not believe that NSX Rules. Therefore, the Commission will be available for inspection and the proposed rule change will impose designates the proposal as operative copying at the principal office of the 13 any inappropriate burden on upon filing with the Commission. Exchange. All comments received will competition. At any time within sixty (60) days of be posted without change; the the filing of such proposed rule change, Commission does not edit personal C. Self-Regulatory Organization’s the Commission summarily may identifying information from Statement on Comments on the temporarily suspend such rule change if submissions. You should submit only Proposed Rule Change Received From it appears to the Commission that such information that you wish to make Members, Participants, or Others action is necessary or appropriate in the available publicly. All submissions The Exchange has neither solicited public interest, for the protection of should refer to File Number SR–NSX– nor received written comments on the investors, or otherwise in furtherance of 2012–12 and should be submitted on or proposed rule change. the purposes of the Act. before September 7, 2012. III. Date of Effectiveness of the IV. Solicitation of Comments For the Commission, by the Division of Interested persons are invited to Trading and Markets, pursuant to delegated Proposed Rule Change and Timing for 14 Commission Action submit written data, views, and authority. arguments concerning the foregoing, Jill M. Peterson, The Exchange has filed the proposed including whether the proposed rule Assistant Secretary. rule change pursuant to Section change is consistent with the Act. [FR Doc. 2012–20262 Filed 8–16–12; 8:45 am] 19(b)(3)(A)(iii) of the Act 8 and Rule Comments may be submitted by any of BILLING CODE 8011–01–P 9 19b–4(f)(6) thereunder. Because the the following methods: proposed rule change does not: (i) Significantly affect the protection of Electronic Comments SOCIAL SECURITY ADMINISTRATION investors or the public interest; (ii) • Use the Commission’s Internet impose any significant burden on comment form (http://www.sec.gov/ [Docket No. SSA 2012–0021] competition; and (iii) become operative rules/sro.shtml); or prior to 30 days from the date on which • Send an email to rule- Privacy Act of 1974, as Amended; it was filed, or such shorter time as the [email protected]. Please include File Computer Matching Program (SSA/ Commission may designate, if Number SR–NSX–2012–12 on the Office of Child Support Enforcement consistent with the protection of subject line. (OCSE))—Match Number 1306 investors and the public interest, the Paper Comments AGENCY: Social Security Administration proposed rule change has become (SSA). effective pursuant to Section 19(b)(3)(A) • Send paper comments in triplicate ACTION: Notice of a renewal of an of the Act and Rule 19b–4(f)(6)(iii) to Elizabeth M. Murphy, Secretary, existing computer-matching program thereunder.10 Securities and Exchange Commission, that will expire on September 30, 2012. A proposed rule change filed under 100 F Street NE., Washington, DC Rule 19b–4(f)(6) 11 normally does not 20549–1090. SUMMARY: In accordance with the become operative prior to 30 days after All submissions should refer to File provisions of the Privacy Act, as the date of the filing. However, pursuant Number SR–NSX–2012–12. This file amended, this notice announces a number should be included on the renewal of an existing computer- 8 15 U.S.C. 78s(b)(3)(A)(iii). subject line if email is used. To help the matching program that we are currently 9 17 CFR 240.19b–4(f)(6). Commission process and review your conducting with OCSE. 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– comments more efficiently, please use DATES: We will file a report of the 4(f)(6)(iii) requires the Exchange to give the only one method. The Commission will Commission written notice of the Exchange’s intent subject matching program with the to file the proposed rule change, along with a brief post all comments on the Commission’s Committee on Homeland Security and description and text of the proposed rule change, Governmental Affairs of the Senate; the at least five business days prior to the date of filing 12 17 CFR 240.19b–4(f)(6)(iii). Committee on Oversight and of the proposed rule change, or such shorter time 13 For purposes only of waiving the 30-day as designated by the Commission. The Exchange operative delay, the Commission has considered the Government Reform of the House of has satisfied this requirement. proposed rule’s impact on efficiency, competition, 11 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12).

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Representatives; and the Office of comply with the requirements of the under the State plan under title XIX for Information and Regulatory Affairs, Privacy Act, as amended. the State under section 1935(a) or by the Office of Management and Budget Commissioner of Social Security.’’ 42 Dawn S. Wiggins, (OMB). The matching program will be U.S.C. 1395w–114(a)(3)(B). effective as indicated below. Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. D. Categories of Records and Persons ADDRESSES: Interested parties may Covered by the Matching Program comment on this notice by either Notice of Computer Matching Program, telefaxing to (410) 966–0869, or writing SSA With the Office of Child Support OCSE and us published notice of the to the Executive Director, Office of Enforcement (OCSE) relevant Systems of Records (SORs) in the Federal Register. Privacy and Disclosure, Office of the A. Participating Agencies General Counsel, 617 Altmeyer We have independent authority to Building, 6401 Security Boulevard, SSA and OCSE. collect this information via sections 202 Baltimore, MD 21235–6401. All B. Purpose of the Matching Program through 205, 223, 226, 228, 1611, 1631, comments received will be available for 1818, 1836, 1839, 1840, and 1860D–1– public inspection at this address. The purpose of this matching program 1860D–15 of the Act (42 U.S.C. 402 is for the Department of Health and FOR FURTHER INFORMATION CONTACT: The through 405, 423, 426, 428, 1382, 1383, Human Services, Administration for 1395i–2, 1395o, 1395r–1, 1395s, and Executive Director, Office of Privacy Children and Families, Office of Child and Disclosure, Office of the General 1395w–101–1395w–115). We collect Support Enforcement (OCSE) to provide Counsel, as shown above. and maintain this information in the us with quarterly wage (QW) and SUPPLEMENTARY INFORMATION: Medicare Database (MDB) SORs, No. unemployment insurance (UI) 60–0321, published at 69 FR 77816 A. General information from the National Directory (December 28, 2004) and 71 FR 42159– of New Hires (NDNH) to allow us to The Computer Matching and Privacy 42164 (July 25, 2006). The MDB determine eligibility of applicants for Protection Act of 1988 (Public Law contains information related to (Pub. L.) 100–503), amended the Privacy Extra Help (low-income subsidy Medicare Part A, Part B, Medicare Act (5 U.S.C. 552a) by describing the assistance) under the Medicare Advantage Part C, and Medicare Part D. conditions under which computer Prescription Drug, Improvement, and OCSE will match our information in matching involving the Federal Modernization Act of 2003 (Public Law the MDB against the NDNH. The NDNH government could be performed, and 108–173). This Agreement also governs contains new hire, QW, and UI adding certain protections for persons the use, treatment, and safeguarding of information furnished by state and applying for, and receiving, Federal the information exchanged. OCSE is the Federal agencies and is maintained by benefits. Section 7201 of the Omnibus ‘‘source agency’’ and we are the OCSE in its system of records ‘‘OCSE Budget Reconciliation Act of 1990 (Pub. ‘‘recipient agency,’’ as defined by the National Directory of New Hires’’ L. 101–508) further amended the Privacy Act. 5 U.S.C. 552a(a)(9) and (NDNH), No. 09–80–0381, established Privacy Act regarding protections for (11). by publication at 76 FR 560 (January 5, This Agreement assists us (1) in such persons. 2011). Routine use #9 of the SOR The Privacy Act, as amended, determining eligibility of applicants for authorizes disclosure of NDNH regulates the use of computer matching Extra Help; (2) in re-determining information to SSA. by Federal agencies when records in a eligibility of existing Extra Help We will provide OCSE the following system of records are matched with beneficiaries during periodic screening; data elements electronically in the other Federal, State, or local government and (3) in administering the Extra Help finder file: records. It requires Federal agencies program. • Client’s Own Social Security involved in computer matching C. Authority for Conducting the Number (COSSN), (SSN) and • programs to: Matching Program Name. (1) Negotiate written agreements with OCSE will provide us with the The legal authority for disclosures the other agency or agencies following data elements electronically under this Agreement are the Social participating in the matching programs; from the NDNH: (2) Obtain the approval of the Security Act (Act) and the Privacy Act a. Quarterly Wage File: matching agreement by the Data of 1974, as amended. Section 453(j)(4) of • QW record identifier, Integrity Boards of the participating the Act provides that OCSE shall • For employees: Federal agencies; provide the Commissioner of Social (1) Name (first, middle, last), (3) Publish notice of the computer- Security with all information in the (2) Address(es), matching program in the Federal NDNH. 42 U.S.C. 653(j)(4). We have (3) Wage amount, and Register; authority to use data to determine (4) Reporting period. (4) Furnish detailed reports about entitlement and eligibility for the • For employers of individuals in the matching programs to Congress and programs we administer pursuant to QW file of the NDNH: OMB; sections 453(j)(4), 1631(f), and 1860D– (1) Name, (5) Notify applicants and beneficiaries 14(a)(3) of the Act. 42 U.S.C. 653(j)(4), (2) Federal (or State, if no Federal) that their records are subject to 1386(f), and 1395w–114. Disclosures Employer Identification Number (EIN), matching; and under this Agreement shall be made in (3) Employer Federal Information (6) Verify match findings before accordance with 5 U.S.C. 552a(b)(3), Processing Standards (FIPS) code (if reducing, suspending, terminating, or and in compliance with the matching present), and denying a person’s benefits or procedures in 5 U.S.C. 552a(o), (p), and (4) Address(es). payments. (r). b. Unemployment Insurance File: Section 1860D–14(a)(3)(B) of the Act • UI record identifier, B. SSA Computer Matches Subject to provides that ‘‘[t]he determination of • Name (first, middle, last), the Privacy Act whether a part D eligible individual • Address, We have taken action to ensure that residing in a State is a subsidy eligible • UI benefit amount, and all of our computer matching programs individual * * * shall be determined • Reporting period.

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Data Elements we update in the OCSE commission/working_groups/ Dated: August 8, 2012. Financial Items (OCSEFITM) table, if 2Arbitration.html). The purpose of the Keith Loken, there is a match: public meeting is to obtain the views of Assistant Legal Adviser, Office of Private • QW record identifier, concerned stakeholders on these topics International Law, Office of the Legal Adviser, • For employees: in advance of the Working Group Department of State. (1) Employee’s SSN, session. This is not a meeting of the full [FR Doc. 2012–20244 Filed 8–16–12; 8:45 am] (2) Employee’s wage amount, and Advisory Committee. BILLING CODE 4710–08–P (3) Reporting period. • For employers of individuals: Time and Place: The meeting will take place on Wednesday, September (1) Federal (or State, if no Federal) DEPARTMENT OF TRANSPORTATION EIN, 19, 2012 from 10:00 a.m. to 1:00 p.m. in (2) UI record identifier, Room 240, South Building, State Federal Aviation Administration (3) Claimant SSN, Department Annex 4. Participants (4) UI benefit amount, should arrive at the Navy Hill gate at the Nineteenth Meeting: RTCA Special (5) Reporting period, and corner of 23rd Street NW and D Street Committee 216, Aeronautical Systems (6) Employer’s name. NW before 9:45 a.m. for visitor Security (Joint Meeting With screening. Persons arriving later will EUROCAE WG–72) E. Inclusive Dates of the Matching need to make arrangements for entry Program AGENCY: Federal Aviation using the contact information provided Administration (FAA), U.S. Department The effective date of this matching below. If you are unable to attend the of Transportation (DOT). program is October 1, 2012; provided public meeting and would like to ACTION: that the following notice periods have participate from a remote location, Meeting Notice of RTCA Special Committee 216, Aeronautical Systems lapsed: 30 days after publication of this teleconferencing will be available. notice in the Federal Register and 40 Security (Joint Meeting with EUROCAE Public Participation: This meeting is days after notice of the matching WG–72). program is sent to Congress and OMB. open to the public, subject to the SUMMARY: The FAA is issuing this notice The matching program will continue for capacity of the meeting room. Access to to advise the public of the nineteenth 18 months from the effective date and Navy Hill is strictly controlled. For pre- meeting of RTCA Special Committee may be extended for an additional 12 clearance purposes, those planning to 216, Aeronautical Systems Security months thereafter, if certain conditions attend in person are requested to email (Joint Meeting with EUROCAE WG–72). are met. or phone Tricia Smeltzer DATES: The meeting will be held [FR Doc. 2012–20204 Filed 8–16–12; 8:45 am] ([email protected], 202–776–8423) or Niesha Toms ([email protected], 202– September 11–14, 2012, from 9 a.m.–5 BILLING CODE 4191–02–P 776–8420) and provide your full name, p.m. address, date of birth, citizenship, ADDRESSES: The meeting will be held at EASA, Ottoplatz 1, 50679 Koln, DEPARTMENT OF STATE driver’s license or passport number, affiliation, and email address. This will Germany. Contact Cyrille Rosay for [Public Notice 7983] greatly facilitate entry. Participants will information at 49–221–899–90–4045 or be met at the Navy Hill gate at 23rd and fax: 49–221–899–90–4545, or email: U.S. Department of State Advisory D Streets NW., and will be escorted to [email protected]. Committee on Private International the South Building. Law (ACPIL): Notice of Public Meeting FOR FURTHER INFORMATION CONTACT: The of the Study Group on International A member of the public needing RTCA Secretariat, 1150 18th Street NW., Arbitration and Conciliation reasonable accommodation should Suite 910, Washington, DC, 20036, or by advise Ms. Smeltzer or Ms. Toms not telephone at (202) 833–9339, fax at (202) The Office of the Assistant Legal later than September 12. Requests made 833–9434, or Web site at http:// Adviser for Private International Law, after that date will be considered, but www.rtca.org. Department of State, hereby gives notice might not be able to be fulfilled. If you SUPPLEMENTARY INFORMATION: Pursuant of a public meeting of the Study Group would like to participate by telephone, to section 10(a)(2) of the Federal on International Arbitration and please contact Ms. Smeltzer or Ms. Advisory Committee Act (Pub. L. 92– Conciliation. A Working Group of the Toms to obtain the call-in number and 463, 5 U.S.C., App.), notice is hereby United Nations Commission on other information. given for a meeting of Special International Trade Law (UNCITRAL) is Committee 216. The agenda will include Personal data are requested pursuant currently developing an instrument on the following: transparency in treaty-based investor- to Public Law 99–399 (Omnibus State arbitration. The Working Group, Diplomatic Security and Antiterrorism Tuesday, September 11, 2012 which has held four previous sessions Act of 1986), as amended; Public Law Plenary on this topic, will convene October 1– 107–56 (USA Patriot Act); and 5, 2012 in Vienna, Austria, to continue Executive Order 13356. The purpose of 09:00–11:30 a second reading of draft rules on the collection is to validate the identity • Welcome transparency. It is expected that the of individuals who enter Department • Introduction, Logistics discussion will cover both the content facilities. The data will be entered into • Eurocae Context Presentation • of the proposed transparency standards the Visitor Access Control System Joint Plenary: • as well as the scope of the application (VACS–D) database. Please see the Scope and purpose of this meeting of new transparency rules. Relevant Security Records System of Records with focus on ED–202A/DO–326A documents may be accessed at the and ED–204 Notice (State-36) at http:// • UNCITRAL Web site by clicking on the www.state.gov/documents/organization/ Open Consultation/FRAC link for Working Group II (http:// requirements & expectations 103419.pdf for additional information. www.uncitral.org/uncitral/en/ • Coordination between drafting

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groups Issued in Washington, DC, on August 10, Airport master plan update. 2012. Brief Description of Project Approved ED–201 David Sicard, for Collection at a $4.50 PFC Level: 11h30 to 17h00: Continuation of ED– Manager, Business Operations Branch, Relocate runway 09 displaced 201 work. Federal Aviation Administration. threshold. ED–202A/ED–203 [FR Doc. 2012–20257 Filed 8–16–12; 8:45 am] Decision Date: July 3, 2012. BILLING CODE 4910–13–P 11h30 to 17h00: Addressing resolution FOR FURTHER INFORMATION CONTACT: of Blocking Points. Interaction with Darlene Williams, Los Angeles Airports District Office, (310) 725–3625. ED–201/ED–204 drafting groups, DEPARTMENT OF TRANSPORTATION where necessary: Public Agency: County of Gregg, • Segregation of & Interaction Federal Aviation Administration Longview, Texas. Between Security & Safety Application Number: 12–03–C–00– Processes Notice of Passenger Facility Charge GGG. • Integration of AWSP with PRA (PFC) Approvals and Disapprovals Application Type: Impose and use a principles PFC. AGENCY: Federal Aviation • Definition, Terminology and Use of PFC Level: $4.50. Administration (FAA), DOT. SL/SAL/SEL/* * * Total PFC Revenue Approved in This • Definition of ‘‘Security ACTION: Monthly Notice of PFC Decision: $1,178,540. Environment’’ and how to treat its Approvals and Disapprovals. In July Earliest Charge Effective Date: evolutionary nature and resulting 2012, there were eight applications February 1, 2013. consequences approved. Additionally, 16 approved Estimated Charge Expiration Date: • Scope of the Documents: Type amendments to previously approved September 1, 2023. Certificate, STC and Change to Type applications are listed. Class of Air Carriers Not Required to Collect PFC’s: None. Design SUMMARY: The FAA publishes a monthly • Consistency of (Table of) Contents Brief Description of Projects notice, as appropriate, of PFC approvals Approved for Collection and Use: between ED–202 & ED–203 and disapprovals under the provisions Security fencing. of the Aviation Safety and Capacity ED–204 Planning studies. Expansion Act of 1990 (Title IX of the 11h30 to 17h00: Continuation of ED– Aircraft rescue and firefighting truck. 204 work. Interaction with ED–202 Omnibus Budget Reconciliation Act of Acquire equipment. drafting group, where necessary. 1990) (Pub. L. 101–508) and Part 158 of Rehabilitate taxiways (taxiways B, C, D, the Federal Aviation Regulations (14 G, L, and M). September 12th & 13th CFR part 158). This notice is published Rehabilitate runway 18/36. ED–202A/ED–203 pursuant to paragraph d of § 158.29. Rehabilitate runway 13/31. 09h00 to 17h00: Addressing resolution PFC Applications Approved Runway 13/31 safety area improvements. of Blocking Points. Interaction with Public Agency: San Diego County Acquire snow removal equipment. ED–201/ED–204 drafting groups, Regional Airport Authority, San Diego, PFC application and administration where necessary. California. Application Number: 12–10–C–00– fees. ED–204 SAN. Decision Date: July 10, 2012. 09h00 to 17h00: Continuation of ED– Application Type: Impose and use a FOR FURTHER INFORMATION CONTACT: 204 work. Interaction with ED–202 PFC. Guillermo Villalobos, Texas Airports drafting group. PFC Level: $4.50. Development Office, (817) 222–5657. Total PFC Revenue Approved in This Public Agency: City of Dayton, Ohio. September 14th Decision: $31,299,883. Application Number: 12–07–C–00– Plenary Earliest Charge Effective Date: October DAY. 1, 2036. Application Type: Impose and use a 09h00 to 15h00: Joint Plenary: Estimated Charge Expiration Date: PFC. • Achievements of this meeting with November 1, 2037. PFC Level: $4.50. focus on ED–202A/DO–326A and Class of Air Carriers Not Required to Total PFC Revenue Approved in This ED–204 Collect PFC’S: Nonscheduled/on Decision: $7,439,375. • Open items & Planning of activities demand air carriers filing FAA Form Earliest Charge Effective Date: • Publication Schedule/Options for 1800–31. November 1, 2017. Open Consultation/FRAC Determination: Approved. Based on • Estimated Charge Expiration Date: Position of Regulatory Authorities: Go information contained in the public April 1, 2019. Ahead? agency’s application, the FAA has Class of Air Carriers Not Required to 15:00 Wrap-Up, Adjourn. determined that the proposed class Collect PFC’s: Air taxi/commercial Attendance is open to the interested accounts for less than 1 percent of the operators filing FAA Form 1800–31. public but limited to space availability. total annual enplanements at San Diego Determination: Approved. Based on With the approval of the chairman, International Airport. information contained in the public members of the public may present oral Brief Description of Projects agency’s application, the FAA has statements at the meeting. Persons Approved for Collection and Use at a determined that the proposed class wishing to present statements or obtain $4.50 PFC Level: accounts for less than 1 percent of the information should contact the person Rehabilitate taxiway C. total annual enplanements at Dayton listed in the FOR FURTHER INFORMATION Quieter home program—phase IV. International Airport. CONTACT section. Members of the public Brief Description of Project Approved Brief Description of Project Approved may present a written statement to the for Collection and Use at a $3.00 PFC for Collection and Use at a $4.50 PFC committee at any time. Level: Level:

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Airport terminal renovations. Security enhancements. Rehabilitate taxiway G, design and Brief Description of Project Approved Rehabilitate concrete commercial apron. construction. for Collection and Use at a $3.00 PFC General aviation apron pavement Rehabilitate taxiway C, design and Level: rehabilitation. construction. Terminal planning study. Decision Date: July 12, 2012. Acquire aircraft rescue and firefighting Decision Date: July 11, 2012. FOR FURTHER INFORMATION CONTACT: truck. FOR FURTHER INFORMATION CONTACT: Jason Garwood, Helena Airports District Design and construct runway 17/35 Mary Jagiello, Detroit Airports District Office, (406) 449–5078. rehabilitation. Office, (734) 229–2956. Public Agency: City of Waco, Texas. PFC administration costs. Public Agency: City of Modesto, Application Number: 12–05–C–00– Decision Date: July 13, 2012. California. ACT. FOR FURTHER INFORMATION CONTACT: Application Number: 12–09–C–00– Application Type: Impose and use a Mike Saupp, Louisiana/New Mexico MOD. PFC. Airports Development Office, (817) 222– Application Type: Impose and use a PFC Level: $4.50. 5645. PFC. Total PFC Revenue Approved in This Public Agency: City of Greenville, PEG Level: $4.50. Decision: $788,280. Mississippi. Total PEG Revenue Approved in This Earliest Charge Effective Date: Application Number: 12–06–C–00– Decision: $273,845. December 1, 2012. GLH. Earliest Charge Effective Date: Estimated Charge Expiration Date: Application Type: Impose and use a December 1, 2012. January 1, 2016. PFC. Estimated Charge Expiration Date: Class of Air Carriers not Required to PFC Level: $4.50. December 1, 2015. Collect PFC’S: Air taxi/commercial Total PFC Revenue Approved in This Class of Air Carriers Not Required to operators filing FAA Form 1800–31. Decision: $114,263. Determination: Approved. Based on Collect PFC’S: None. Earliest Charge Effective Date: information contained in the public Brief Description of Projects September 1, 2012. agency’s application, the FAA has Approved for Collection and Use: Estimated Charge Expiration Date: determined that the proposed class Apron rehabilitation—general aviation. October 1, 2015. accounts for less than 1 percent of the Enhance runway 10R/28L safety area. Class of Air Carriers not Required to total annual enplanements at Waco Decision Date: July 12, 2012. Collect PFC’S: Air taxi/commercial Regional Airport. FOR FURTHER INFORMATION CONTACT: Neil Brief Description of Project Approved operators. Kumar, San Francisco Airports District for Collection and Use: Determination: Approved. Based on Office, (650) 827–7627. information contained in the public Public Agency: Bert Mooney Airport Passenger loading bridges. agency’s application, the FAA has Authority, Butte, Montana. Taxiway rehabilitation, phase 1. determined that the proposed class Application Number: 12–10–C–00– Apron rehabilitation, phase 1. accounts for less than 1 percent of the BTM. PFC preparation. total annual enplanements at Mid-Delta Application Type: Impose and use a Taxiway rehabilitation, phase 2. Regional Airport. Apron rehabilitation, phase 2. PFC. Brief Description of Projects Decision Date: July 12, 2012. PFC Level: $4.50. Approved for Collection and Use: FOR FURTHER INFORMATION CONTACT: Total PFC Revenue Approved in This PFC update. Guillermo Villalobos, Texas Airports Decision: $397,526. Airfield ramp repair. Development Office, (817) 222–5657. Earliest Charge Effective Date: Master plan update. February 1, 2013. Public Agency: City of Roswell, New Road relocation and fencing, apron slab Estimated Charge Expiration Date: Mexico. replacement. March 1, 2017. Application Number: 12–05–C–00– Wildlife hazard assessment. Class of Air Carriers not Required to ROW. Brief Description of Projects Collect PEG’S: Application Type: Impose and use a Air taxi/commercial operators filing PFC. Approved for Collection: FAA Form 1800–31. PFC Level: $4.50. Terminal security lighting. Determination: Approved. Based on Total PFC Revenue Approved in This Airport drainage improvements. information contained in the public Decision: $486,683. Runway 18L approach lighting. agency’s application, the FAA has Earliest Charge Effective Date: Runway 18L136R drainage determined that the proposed class February 1, 2019. improvements, phase 1. accounts for less than 1 percent of the Estimated Charge Expiration Date: Brief Description of Disapproved total annual enplanements at Bert April 1, 2022. Project: Fire suppression system Mooney Airport. Class of Air Carriers not Required to renovation. Brief Description of Projects Collect PFC’S: None. Determination: Disapproved. The Approved for Collection and Use: Brief Description of Projects project does not meet the requirements Runway 11/29 pavement rehabilitation. Approved for Collection and Use: of § 158.15(b). Taxiway B pavement rehabilitation. Terminal renovation. Decision Date: July 23, 2012. Runway 15/33 pavement rehabilitation. Acquisition snow removal equipment— FOR FURTHER INFORMATION CONTACT: Aircraft rescue and firefighting front end loader. Jonathan Linguist, Jackson Airports equipment acquisition. Wildlife hazard assessment. District Office, (601) 664–9893.

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AMENDMENTS TO PFC APPROVALS

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

10–08–C–01–SAV, Savannah, GA ...... 05/03/12 $4,066,265 $6,669,248 04/01/16 12/01/16 *02–02–C–01–GGG, Longview, TX ...... 07/10/12 699,232 699,232 12/01/12 01/01/13 08–04–C–01–CHA, Chattanooga, TN ...... 07/11/12 2,413,001 2,520,376 10/01/12 10/01/12 12–04–C–01–SBY, Salisbury, MD ...... 07/12/12 937,983 937,983 02/01/17 02/01/17 09–04–C–01–ACT, Waco, TX ...... 07/12/12 790,163 754,153 09/01/12 12/01/12 11–09–C–01–GEG, Spokane, WA ...... 07/13/12 10,215,000 16,365,000 09/01/14 11/01/15 09–09–C–01–EAT, Wenatchee, WA ...... 07/13/12 105,268 104,916 04/01/10 04/01/10 95–02–C–08–STL, Saint Louis, MO ...... 07/16/12 67,032,109 73,311,090 07/01/97 07/01/97 97–03–U–05–STL, Saint Louis, MO ...... 07/16/12 NA NA 07/01/97 07/01/97 08–09–C–01–STL, Saint Louis, MO ...... 07/16/12 783,625,492 755,733,688 02/01/22 02/01/22 *09–02–C–01–FLG, Flagstaff, AZ ...... 07/17/12 1,157,023 1,208,991 02/01/15 04/01/15 92–01–C–02–SMF, Sacramento, CA ...... 07/19/12 27,651,750 20,010,436 01/01/96 01/01/96 95–02–C–02–SMF, Sacramento, CA ...... 07/19/12 2,677,360 1,390,230 03/01/97 03/01/97 02–07–C–01–SMF, Sacramento, CA ...... 07/19/12 4,208,200 2,041,219 07/01/11 07/01/11 02–05–C–01–RNO, Reno, NV ...... 07/19/12 6,734,192 6,940,843 02/01/03 02/01/03 08–02–C–03–PIE, Clearwater, FL ...... 07/23/12 6,628,510 10,528,075 11/01/12 08/01/14 Notes: The amendments denoted by an asterisk (*) include a change to the PFC level charged from $3.00 per enplaned passenger to $4.50 per enplaned passenger. For Longview, TX and Flagstaff, AZ, this change is effective on September 1, 2012.

Issued in Washington, DC, on August 13, Eugene-Springfield and the Columbia City, OR 97045 on September 11, 2012 2012. River in Portland. The build alternatives from 5 p.m. through 7 p.m. Joe Hebert, may include infrastructure • Albany at Albany Public Library, Manager, Financial Analysis and Passenger improvements to the existing rail 2450 14th Avenue SE., Albany, OR Facility Charge Branch. corridor, the development of a new rail 97322 on September 12, 2012 from 5 [FR Doc. 2012–20169 Filed 8–16–12; 8:45 am] corridor, or a combination of both. FRA p.m. through 7 p.m. • BILLING CODE 4910–13–M is also issuing this notice to solicit Lake Oswego at Phoenix Inn, 14905 public and agency input in the SW. Bangy Road, Lake Oswego, OR development of the scope of the EIS and 97035 on September 13, 2012 from 5 DEPARTMENT OF TRANSPORTATION to advise the public that outreach p.m. through 7 p.m. • activities conducted by FRA and ODOT Portland at Metro Council Federal Railroad Administration will be considered in the preparation of Chambers, 600 NE. Grand Avenue, the EIS. Portland, OR 97232 on September 18, Tier 1 Environmental Impact Statement 2012 from 5 p.m. through 7 p.m. for the Oregon Portion of the Pacific DATES: Written comments on the scope • Eugene at Atrium Building Lobby, Northwest Rail Corridor (Portland to of the Tier 1 EIS for the Oregon 99 W. 10th Avenue, Eugene, Oregon Eugene) Passenger Rail Project should be 97401 on September 19, 2012 from 5 AGENCY: Federal Railroad provided to ODOT by October 31, 2012. p.m. through 7 p.m. Administration (FRA), U.S. Department Public scoping meetings are scheduled FOR FURTHER INFORMATION CONTACT: Jim of Transportation (DOT). from September 6, 2012 through Cox, Assistant Manager, Major Projects September 19, 2012 at the times and ACTION: Notice of Intent to Prepare an Branch, Oregon Department of locations identified in the Addresses Environmental Impact Statement. Transportation, 3210 Del Webb Avenue section below. NE., Suite 110, Salem, OR 97301, SUMMARY: FRA is issuing this notice to ADDRESSES: Written comments on the (telephone: (503) 986–6612); or Ms. advise the public that FRA and the scope of this study should be sent to Colleen Vaughn, Office of Railroad Oregon Department of Transportation Michael Holthoff, Environmental Project Policy and Development, Federal (ODOT) will jointly prepare a Tier 1 Manager, Major Projects Branch, Oregon Railroad Administration (FRA), 1200 Environmental Impact Statement (EIS) Department of Transportation, 3210 Del New Jersey Avenue SE., MS–20/W38– in compliance with the National Webb Avenue NE., Suite 110, Salem, OR 221, Washington, DC 20590, (telephone: Environmental Policy Act of 1969 97301, or via email to (202) 493–6096). (NEPA) to study potential infrastructure [email protected]. SUPPLEMENTARY INFORMATION: The investments along the Oregon portion of Comments may also be provided orally federally designated PNWRC has been the Pacific Northwest Rail Corridor or in writing at the public scoping the subject of high-speed passenger rail (PNWRC). The objective of the Tier 1 meetings scheduled at the following planning and implementation strategies EIS is to evaluate a reasonable range of locations: for more than 30 years. The 466-mile alternatives and select a rail corridor as • corridor serves the most densely well as making decisions regarding the Salem at ODOT ‘‘T’’ Building, Gail populated regions of British Columbia level of intercity passenger rail service Achterman Conference Room, 355 (B.C.), Washington, and Oregon, linking provided in the corridor, including Capitol Street NE., Salem, OR 97301 on Vancouver, B.C., Seattle, WA, and variations in train frequency, trip time, September 6, 2012 from 5 p.m. through Portland and Eugene, OR, with growing and on-time performance. Alternatives 7 p.m. intermediate communities, including under consideration will include taking • Oregon City at Clackamas the capital cities of Olympia, WA and no action (No-Build Alternative), as well Community College—Gregory Forum Salem, OR. Oregon and Washington as multiple build alternatives between Room A, 19600 Molalla Avenue, Oregon have planned, studied, and coordinated

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State-sponsored passenger service on Environmental Impacts (64 FR 28545; • Address subsequent component the PNWRC since 1994. May 26, 1999). actions for Tier 2 NEPA documentation Project Background: Oregon initiated Tier 1: The Tier 1 assessment will as described below. a daily passenger rail round trip result in an EIS with the appropriate Tier 2: The second tier assessment(s) between Portland and Eugene in 1994. level of detail for corridor-level will address component projects to be Since that time, Oregon has invested decisions and will address broad overall implemented within the general over $77 million in capital issues of concern, including but not corridor identified in the Tier 1 EIS, and improvements including railroad limited to: will incorporate by reference the data infrastructure, stations, and rolling • Confirm the purpose and need for and evaluations included in the Tier 1 stock. A second State-sponsored daily the proposed action. EIS. Subsequent evaluations will round trip was added in 2000, resulting • Confirm the study area appropriate concentrate on the issues specific to the in ridership growth of 139% between to assess reasonable alternatives. component of the selected alternative 2000 and 2008. • Identify a comprehensive set of identified in the Tier 1 EIS, identify the Current intercity passenger rail goals and objectives for the corridor in Project alternatives that meet the service in Oregon includes two Amtrak conjunction with Project stakeholders. purpose and need for each component Cascades train roundtrips per day. These goals and objectives will be project, and analyze the specific Additionally, Amtrak sponsors one crafted to allow comprehensive environmental consequences and daily roundtrip of the Coast Starlight evaluation of all aspects of the Project measures necessary to mitigate between Los Angeles and Seattle and necessary to achieve the goals, environmental impacts at a site-specific one daily roundtrip of the Empire including train operations, vehicles, and level of detail. Builder between Portland and Chicago. infrastructure. Scoping and Public Involvement: FRA The Cascades station stops include • Identify the range of reasonable encourages broad participation in the Eugene, Albany, Salem, Oregon City and alternatives to be considered, consistent EIS process during scoping and Portland and continue north to with the current and planned use of the subsequent review of the resulting Vancouver, BC. The Coast Starlight corridor and the existing services within environmental documents. Comments stops in Klamath Falls, Chemult, and adjacent to the study area, as well and suggestions are invited from all Eugene, Albany, Salem and Portland. as considering a no action/no build interested agencies and the public at The only stop for the Empire Builder in alternative. large to ensure the full range of issues Oregon is in Portland. • Develop alternative evaluation related to the proposed action and all Over the next 25 years, the population criteria to identify alternatives that meet reasonable alternatives are addressed of the Willamette Valley is expected to the purpose and need of the proposed and all significant issues are identified. grow by approximately 35% with the action and those that do not. In particular, FRA is interested in population anticipated to reach 3.6 • Identify the general alignment(s) of determining whether there are areas of million by the year 2035. During the the reasonable build alternatives. environmental concern where there same period, freight volume in the state • Identify general right-of-way might be the potential for significant is expected to grow by approximately requirements for the reasonable build impacts identifiable at a corridor level. 60%. These increases will result in alternatives. Letters describing the proposed Project transportation demand that exceeds the • Identify, at a corridor planning and soliciting comments were sent to available freight and passenger rail level, the infrastructure and equipment appropriate Federal, State, and local capacity in the Willamette Valley. A investment requirements for the agencies, and appropriate railroads. comprehensive approach to identifying reasonable build alternatives. Public agencies with jurisdiction are the appropriate rail infrastructure is • Include the consideration of the No- requested to advise the FRA and ODOT needed to provide additional passenger Build Alternative which will be studied of the applicable permit and and freight rail capacity and to attain as the baseline for comparison with the environmental review requirements of the principal service objectives of more build alternatives. The No-Build each agency, and the scope and content reliable passenger trains, more frequent Alternative represents other of the environmental information that is trains, and shortened travel times transportation modes such as auto, air germane to the agency’s statutory between Portland and Eugene (a travel, intercity bus, and existing rail responsibilities in connection with the distance of approximately 125 miles). and the physical characteristics and proposed improvements. Environmental Review Process: FRA capacities as they exist at the time of the An iterative public involvement/ and ODOT will use a tiered process, as Tier 1 EIS, with planned and funded information program will support the provided for in 40 CFR 1508.28, in the improvements that will be in place at process. The program will involve completion of the environmental review the time the Project becomes advisory group meetings, newsletters, a of the Project. ‘‘Tiering’’ is a staged operational. Project Web site, public open houses, environmental review process applied • Evaluate and describe, at a corridor stakeholder group meetings, and other to environmental reviews for complex planning level, the potential methods to solicit and incorporate projects. The Tier 1 EIS will address environmental consequences (benefits public input throughout the Tier 1 EIS broad corridor-level issues and and impacts to the built and natural process. To ensure that the full range of alternatives. Subsequent phases or tiers environment) associated with the issues relating to the proposed action is will analyze, at a greater level of detail, reasonable alternative alignments and addressed, comments and suggestions narrower site-specific proposals based proposed changes in passenger rail train are invited from all interested parties. on the decisions made in Tier 1. The frequency, speed, and on-time Comments and questions concerning the Tier 1 EIS and any subsequent performance. proposed action should be directed to environmental documents will be • Establish the timing and sequencing ODOT or to the FRA at the addresses developed in accordance with Council of independent actions to maintain a provided above. Additional information on Environmental Quality (CEQ) state of good repair and to implement can be obtained by visiting the Project regulations (40 CFR part 1500 et seq.) the proposed action. Web site at www.oregonpassengerrail. implementing NEPA, and FRA’s • Identify a preferred alternative for org or sending an email to Procedures for Considering corridor route alignment. [email protected].

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The buildings used for the scoping ADDRESSES: Written comments on the corridor. This portion of the corridor is meetings are accessible to persons with scope of this study should be sent to Ms. served by a single major highway—US disabilities. Any individual who Emily Burstein, Division of Rail, Office 101—which experiences frequent requires special assistance, such as a of Planning and Policy, California congestion and travel delays. Amtrak sign language interpreter, to participate Department of Transportation, 1120 N offers a single daily Coast Starlight in the meetings should contact Jyll Street, MS 74, Sacramento, CA 95814 or passenger service along the corridor and Smith at Oregon Department of via email to coastcorridorscoping trains are often delayed due to the Transportation, telephone (503) 986– [email protected]. Comments primarily single-track rail system 3985, five days prior to the meeting. may also be provided orally or in operating beyond its design capacity. • Significant Highway Congestion— Issued in Washington, DC on August 13, writing at the public scoping meetings 2012. scheduled at the following locations: While travel by automobile is expected to meet the majority of future travel Corey Hill, Salinas demand, this increased use will result Director, Rail Project Development and Tuesday, August 28, 2012, 3:30 p.m.– in worsening of existing congestion. Delivery. 6:00 p.m., Transportation Authority Congestion is particularly acute at the [FR Doc. 2012–20227 Filed 8–16–12; 8:45 am] for Monterey County (TAMC), TAMC corridor’s urban chokepoints and is BILLING CODE 4910–06–P Conference Room, 55 Plaza Circle #B, likely to worsen, making travel times Salinas, CA 93901. unreliable. In addition, space San Luis Obispo constraints limit the potential to expand DEPARTMENT OF TRANSPORTATION the highway system. Wednesday, August 29, 2012, 3:30 • Federal Railroad Administration Constrained Rail System Capacity— p.m.–6:00 p.m., San Luis Obispo Corridor rail service could Environmental Impact Statement for County Library Community Room, accommodate an increasing portion of 995 Palm Street, San Luis Obispo, CA the Salinas to San Luis Obispo Portion projected travel demand growth by 93401. of the Coast Corridor: Monterey and providing an alternative mode to San Luis Obispo Counties, CA FOR FURTHER INFORMATION CONTACT: automobile travel, but rail service is Regarding the environmental review constrained by infrastructure that is AGENCY: Federal Railroad please contact: Ms. Emily Burstein, significantly undersized for the volumes Administration (FRA), U.S. Department Division of Rail, Office of Planning and it currently accommodates, much less of Transportation (DOT). Policy, California Department of future service, without significant Transportation, 1120 N Street, MS 74, system improvements. Moreover, the ACTION: Notice of Intent to Prepare an Sacramento, CA 95814 (telephone: (916) existing Coast Starlight service is often Environmental Impact Statement. 654–6932) or Ms. Stephanie Perez, fully booked during peak travel periods. Environmental Protection Specialist, • Aging Rail Infrastructure— SUMMARY: FRA is issuing this notice to advise the public that FRA and the Office of Railroad Policy and Investment in corridor rail service has California Department of Transportation Development, Federal Railroad not kept pace with population and (Caltrans) will jointly prepare an Administration, 1200 New Jersey travel demand growth, and many tracks, Environmental Impact Statement (EIS)/ Avenue SE., Mail Stop 20, Washington, signals and bridges have not been DC 20590 (telephone: (202) 493–0388). Environmental Impact Report (EIR) to upgraded or improved in decades. study potential service upgrades and SUPPLEMENTARY INFORMATION: Improvements would allow shorter travel times and greater reliability, rail corridor improvements to the Purpose and Need Salinas to San Luis Obispo portion of making rail a more attractive and The greater Coast Corridor region the Coast Corridor. The objective of the competitive choice. from San Jose, California to Los Angeles, • Safety Concerns – Increasing EIS/EIR is to evaluate alternatives and California faces significant mobility potential for accidents in congested rail present environmental analysis to help challenges today. These challenges are chokepoints underscores the need for make decisions regarding the type of likely to continue in the future as upgraded signaling and infrastructure service upgrades and rail improvements continued growth in population, investments. Growing frequency of rail- to be provided in the corridor, including employment, and tourism activity is related collisions call for improved variations in train frequency, trip time, expected to generate increased travel highway/rail crossings and new or and on-time performance. FRA is also demand. By 2040, statewide population upgraded pedestrian crossings. issuing this notice to solicit public and is expected to grow substantially, • Need for Increased Travel Capacity agency input into the development of further straining the existing Without Impacting Air Quality and the scope of the EIS/EIR, whether to tier transportation network. An effective rail Natural Resources—Highway capacity the environmental process, and to system is necessary to meet the future improvements can have negative advise the public that public and agency mobility needs of residents, businesses, impacts on regional and local air quality participation resulting from outreach and visitors. The Coast Corridor faces as well as the efficient use of natural activities conducted by Caltrans and its continuing transportation challenges as resources. Simultaneously expanding representatives will be considered in the evidenced by the following: travel capacity while meeting federal preparation of the EIS/EIR. • Constrained Travel Options—While and state air quality standards will DATES: Written comments on the scope the Coast Corridor is served by a likely require reductions in total vehicle of the EIS/EIR for the Salinas to San transportation system that includes air, miles traveled. Rail system Luis Obispo Portion of the Coast highway, and rail modes system access improvements offer the opportunity to Corridor should be provided to Caltrans and capacity is insufficient to meet achieve air quality benefits with no later than September 10, 2012. Public future travel demand. Air access is minimal impact on natural resources. scoping meetings are scheduled on limited for many residents because In light of the transportation August 28 and August 29, 2012 at the major airports are located at a challenges listed above, Caltrans has times and locations identified in the substantial distance outside the Salinas identified rail improvements to the Addresses section below. to San Luis Obispo portion of the Coast Corridor as an opportunity to

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improve mobility and reliability in this various passenger Coast Corridor soliciting comments were sent to congested part of the state’s rail system. improvements between Salinas and San appropriate Federal, State, and local The proposed improvements would Luis Obispo. Possible environmental agencies, and appropriate railroads. allow for a more reliable, safe, impacts from the action alternative Comments and suggestions are invited competitive, and attractive intercity include displacement of commercial from all interested agencies and the travel option. These improvements and residential properties; public at large to insure the full range would provide additional capacity to disproportionate impacts to minority of issues related to the proposed action relieve some of the projected near- and and low-income populations; and all reasonable alternatives are long-term demand on the highway community and neighborhood addressed and all significant issues are system, potentially slowing the need to disruption; increased noise and identified. In particular, FRA is further expand highways and airports in vibration along the rail corridor; traffic interested in determining whether there this portion of the corridor, or reduce impacts associated with stations; effects are areas of environmental concern the scale of those expansions, including to historic properties or archaeological where there might be the potential for their associated cost and impacts on sites; impacts to parks and recreation significant impacts identifiable at a communities and the environment. Rail resources; visual quality effects; program level. Public agencies with improvements would augment the exposure to seismic and flood hazards; jurisdiction are requested to advise the highway system, creating an impacts to water resources, wetlands, FRA and Caltrans of the applicable interconnected, multimodal solution, and sensitive biological species and permit and environmental review allowing for better mobility throughout habitat; land use compatibility impacts; requirements of each agency, and the the corridor. Improved rail energy use; and impacts to agricultural scope and content of the environmental infrastructure would contribute to the lands. information that is germane to the economic viability of the Coast Corridor agency’s statutory responsibilities in No Action Alternative and provide connectivity with local connection with the proposed transit systems. The no action alternative is defined to improvements. serve as the baseline for comparison of Environmental Review Process Issued in Washington, DC, on August 13, all alternatives. This alternative 2012. The EIS/EIR will be developed in represents California’s transportation Corey Hill, accordance with the National system (highway, air, and rail) as it Environmental Policy Act of 1969 exists, and as it would exist after Director, Rail Project Development and Delivery. (NEPA), 42 U.S.C. 4321 and the Council completion of programs or projects on Environmental Quality (CEQ) currently funded or being implemented. [FR Doc. 2012–20245 Filed 8–16–12; 8:45 am] regulations (40 CFR part 1500 et seq.) The no-action alternative would draw BILLING CODE 4910–06–P implementing NEPA; the California upon the following sources of Environmental Quality Act (CEQA), information: DEPARTMENT OF TRANSPORTATION Division 13, Public Resources Code; and D State Transportation Improvement FRA’s Procedures for Considering Program (STIP). Federal Transit Administration Environmental Impacts (64 FR 28545; D Regional Transportation Plans May 26, 1999). FRA and Caltrans intend (RTPs) for all modes of travel. Early Scoping Notification for the to use a tiered process for the D Airport plans. Alternatives Analysis of the Tacoma completion of the environmental review D Passenger rail plans. Link Expansion in Tacoma, WA of the Coast Corridor, as provided for in 40 CFR 1508.28 and FRA Procedures. Action Alternative AGENCY: Federal Transit Administration FRA is considering the option of This alternative would facilitate (FTA), DOT. preparing a Tier 1 EIS/EIS. ‘‘Tiering’’ is expanded passenger service along the ACTION: Notification of early scoping a staged environmental review process Coast Corridor. The Action Alternative meeting. often applied to environmental reviews will have ‘‘options’’ consisting of logical for complex transportation projects. If groupings of improvements that take SUMMARY: The Federal Transit used, the initial phase of a tiered into account the likely timing of such Administration (FTA) and the Central process will address broad questions improvements and possible funding Puget Sound Regional Transit Authority and likely environmental effects for the scenarios. The improvements to be (Sound Transit) issue this early scoping Salinas to San Luis Obispo portion of analyzed in this alternative may notice to advise other agencies and the the Coast Corridor including, but not include: public that they intend to explore limited to, the type of service(s) being D Track upgrades. potential alternatives for expanding the proposed, major infrastructure D Curve realignments. existing Tacoma Link light rail transit components, and identification of major D Siding extensions and upgrades. system in Tacoma, Pierce County facility capacity constraints. If tiering is D Addition of second main track. Washington, in order to improve not used, the EIR/EIS will analyze, at a D Grade separations. connections to the regional transit greater level of detail, site-specific D New Stations. system and major activity centers. This proposals that would otherwise be D Station and platform upgrades. notice invites the public to help frame addressed in subsequent phases or tiers D Installation of Centralized Traffic the upcoming alternatives analysis by based on the decisions made in a Tier Control (CTC) and power switches. commenting on: the project’s purpose 1 EIS/EIR. D New or upgraded pedestrian and need, the transportation problems crossings. to be addressed by the study, potential Alternatives solutions to the problems, the relevant Alternatives to be evaluated and Scoping and Comments transportation and community impacts analyzed in the EIS/EIR include a no- FRA encourages broad participation and benefits to be considered, the action (No-Project or No-Build) scenario in the EIS/EIR process during scoping appropriate extent of the study area, and and an action alternative consisting of and subsequent review of the resulting ways for the public to participate in the multiple options for the construction of environmental document. Letters alternatives analysis process. The

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alternatives analysis is likely to Early Scoping Sounder commuter rail service connects conclude with the identification of a The alternatives analysis provides the Tacoma to Seattle’s King Street Station preferred mode and corridor. If local forum for evaluating the costs, and north through several stops to an preparation of an environmental Impact benefits, and impacts of a range of Everett terminus. In 2004, Sound Statement (EIS) is warranted following transportation alternatives designed to Transit began planning for the phase of completion of the planning alternatives address mobility problems and other investment to follow Sound Move. This analysis, FTA will publish a Notice of locally-identified objectives in a defined work included updating Sound Transit’s Intent to prepare an EIS. transportation corridor, and it provides Long-Range Plan and associated environmental review. Following This early scoping process is intended an opportunity for determining which several years of system planning work to to support the alternatives analysis and particular investment strategy should be detail, evaluate, and prioritize the next a future National Environmental Policy advanced for more focused study and round of regional transit system Act (NEPA) scoping process, as development. Early scoping for the expansion, voters in 2008 authorized appropriate. In addition, it supports Tacoma Link Expansion project is in funding to extend the Tacoma Link light FTA planning requirements associated accordance with NEPA policies stated rail system as part of the Sound Transit with the New Starts (‘‘Section 5309’’) in the Council on Environmental 2 (ST2) Plan. The ST2 Plan also extends funding program for certain kinds of Quality’s regulations and guidance for light rail to Bellevue and Redmond to major capital investments. While recent implementing NEPA, which encourage legislation may lead to changes in the the east, to Northgate and Lynnwood to federal agencies to initiate NEPA early the north, and to Federal Way to the New Starts process, Sound Transit will in their planning processes. See 40 CFR south. comply with relevant FTA requirements 1501.2 through 8. It allows the scoping relating to planning and project process to begin as soon as there is Transportation Purpose of the Tacoma development to help it analyze and enough information to describe the Link Expansion Project screen alternatives in preparation for proposal so that the public and relevant Sound Transit invites comments on NEPA. agencies can participate effectively. This the following preliminary statement of Public meetings are described is particularly useful when a potential the project’s purpose and need. immediately below. Following that is a proposed action involves a broadly The purpose of the Tacoma Link more detailed discussion of the project defined corridor with an array of modal Expansion is to improve mobility and and this early scoping process. and alignment alternatives under access to the regional transit system for consideration. Tacoma residents, employees, and DATES: Combined scoping meetings This early scoping notice solicits visitors by connecting the existing where agencies and the public can learn public comments on the scope of the Tacoma Link system with Tacoma’s more about and comment on the planning alternatives analysis, major activity centers and destinations proposal will be held on August 22, including the purpose and need for the within the City. The need for this 2012 at the following times and project, a range of alternatives, and the project arises from: locations: environmental, transportation and • The need to meet the rapidly 1. People’s Community Center, 1602 S. community impacts and benefits to be growing connectivity needs of the Martin Luther King Jr. Way, Tacoma, considered. corridor and the region’s future residents and workers by increasing WA, 11 a.m. to 1 p.m. Tacoma Link and the Regional Transit mobility, access, and transportation 2. Tacoma Dome Station Plaza, 424 E System 25th St., Tacoma, WA, 4 p.m. to 7 capacity to and from regional growth The Tacoma Link light rail transit p.m. and activity centers in Tacoma and the system is currently 1.6 miles long and rest of the region, as called for in the At the public and agency scoping serves six at-grade stations. It serves the region’s adopted plans, including the meetings, Sound Transit will provide Tacoma Dome Station (with connections Puget Sound Regional Council’s (PSRC) information on the alternatives analysis to Sound Transit’s Sounder commuter VISION 2040 and Transportation 2040, along with opportunities for written rail service and Regional Express bus as well as related county and city comments. Information is also available service, as well as Pierce Transit and comprehensive plans. at www.soundtransit.org/ Intercity Transit), the University of • The need to link downtown Tacoma TacomaLinkExpansion. Written scoping Washington-Tacoma, Union Station, the with other City growth centers. City comments are requested by September Greater Tacoma Convention and Trade Comprehensive Plan policies specify the 17, 2012 and can be sent or emailed to Center, and the downtown Tacoma city’s intention to locate major the address below, submitted at a public business and theater districts. residential and employment growth in meeting, or sent via the comment form Sound Move, the first phase of Mixed Use and Manufacturing/ at www.soundtransit.org/ regional transit investments, was Industrial Centers. Extending the TacomaLinkExpansion. approved and funded by voters in 1996. Tacoma Link to these centers would Sound Transit is now completing its encourage denser, more transit-oriented ADDRESSES: Erin Hunter, Sound Transit, implementation. It includes light rail, development and further concentrate 401 S. Jackson St., Seattle, WA 98104– commuter rail and regional express bus higher-wage manufacturing and 2826, or by email to infrastructure and service, including the industrial jobs, and reduce the number [email protected]. Central Link light rail system between of vehicle miles traveled as commute FOR FURTHER INFORMATION CONTACT: Northgate, the University of trips. John • Witmer, FTA Community Planner, Washington, downtown Seattle, The need to serve increasing Jackson Federal Building, 915 Second Tukwila and SeaTac. In 2003, Tacoma commute trips to the downtown core via Avenue, Suite 3142, Seattle, WA 98174; Link light rail operation began. Regional transit. Tacoma’s downtown core Phone: (206) 220–7964; email: Express bus service includes routes contains a majority of the jobs within [email protected]. connecting the Tacoma Dome Station to the city today and is projected to other regional destinations, including continue to do so in the future. SUPPLEMENTARY INFORMATION: Sea-Tac Airport and downtown Seattle. Increasing numbers of commuters will

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need alternative ways to access jobs the pre-alternatives analysis to address NEPA environmental document (the within the downtown core. the potential corridors for Tacoma Link classification of which is to be • The need to support the land use expansion contemplated in Sound determined). If the preferred mode and planning goals of Tacoma’s South Transit’s Regional Transit Long-Range corridor involve the potential for Downtown Subarea Plan, the MLK Plan (2005). Sound Transit invites significant environmental impacts Subarea Plan and the other Growth and comments on the alternative transit requiring an EIS, a Notice of Intent to Employment centers. Several current modes, alignments, and station Prepare an EIS will be published in the City planning processes are designed to locations to be studied, and on proposed Federal Register, and public and agency encourage transit-oriented, mixed-use evaluation measures to be used to comment on the scope of the EIS will be development and economic compare alternatives. Alternatives invited and considered at that time. revitalization in areas of Tacoma that already identified for consideration Issued on: August 9, 2012. are designated for future regional include: Richard Krochalis, growth concentrations. • North End—Extends north from • The need to reduce greenhouse gas Theater District to Stadium District; Regional Administrator. emissions within the City of Tacoma. west to University of Puget Sound. [FR Doc. 2012–20220 Filed 8–16–12; 8:45 am] The City of Tacoma Climate Action Plan • North End Central—Extends north BILLING CODE P calls for substantial reductions in from Theater District to Stadium greenhouse gas emissions. District; west via Division Ave./6th St. Transportation causes 53% of Tacoma to Alder/Cedar St. DEPARTMENT OF TRANSPORTATION • North Downtown Central—Extends greenhouse gas emissions. A Tacoma National Highway Traffic Safety north from Theater District to Stadium Link extension would support City Administration plans to increase the use of all public District; west to north end of MLK transportation modes. district and south to S. 19th St. [Docket No. NHTSA–2012–0091] • The need to support economic • South Downtown to MLK—Extends development in downtown Tacoma. The from Union Station west to S. 19th St., Proposed Traffic Records Program Downtown Tacoma Economic north through MLK district to Division Assessment Advisory St. Development Strategy lists the existing AGENCY: National Highway Traffic • South Downtown Central—Extends Tacoma Link as a key asset that Safety Administration (NHTSA), from Union Station west to S. 19th St., establishes downtown’s identity and Department of Transportation (DOT). may help encourage future development continues west to Tacoma Community ACTION: Notice. and investment. One of the City of College. • South End—Extends from 25th Tacoma’s primary goals for economic SUMMARY: This notice announces the development is to stimulate investor Street Station south to 34th & Pacific publication of the Traffic Records interest in downtown. The expansion of District to S. 38th St., west to Tacoma Program Assessment Advisory, DOT HS Tacoma Link presents an opportunity to Mall. 811 644, which provides guidance to • Eastside—Extends east from achieve the City’s economic States on the collection, management, Tacoma Dome, south towards Salishan development goals. and analysis of data used to inform • The following goals and objectives, to 72nd St. Transit Center. • highway and traffic safety decision- which are a part of Sound Transit’s Pacific Highway—Extends east from Tacoma Dome to the Puyallup Tribe’s making. States need timely, accurate, Regional Transit Long-Range Plan complete, and uniform traffic records to (2005) and its long-range vision for commercial center on Pacific Highway South at Fife. identify and prioritize traffic safety regional transit: issues and to choose appropriate Æ Ensure long-term mobility, Sound Transit may also consider other alternatives that arise during the countermeasures and evaluate their connectivity and convenience; effectiveness. This document provides Æ Preserve communities and open public comment period. The definition of these alternatives for information on the contents, space; capabilities, and data quality attributes Æ Contribute to the region’s analysis will reflect a range of high and of an effective traffic records system, economic vitality; low cost capital improvements, and includes assessment questions that Æ Preserve the environment; and including non-guideway options which Æ Strengthen communities’ use of can serve as a ‘‘baseline’’ for measuring qualified independent assessors can use the regional transit network. the merits of more expensive to evaluate the capabilities of a State’s investments. Sound Transit will identify traffic records system. Potential Alternatives measures for evaluating the relative DATES: Written comments may be Sound Transit will explore alternative merits of alternatives, and technical submitted to this agency and must be mode, alignment, and design methodologies for generating the received no later than October 16, 2012. configurations for an expansion of the information used to support such ADDRESSES: You may submit comments Tacoma Link light rail system. At least measures. These measures will typically identified by DOT Docket ID number one alternative analyzed will be a Bus include disciplines such as travel NHTSA–2011–0044 by any of the Rapid Transit (BRT) alternative. Sound forecasting, capital and operations and following methods: Transit conducted a ‘‘pre-alternatives maintenance costs, and corridor-level • Electronic Submissions: Go to analysis’’ and issued a report in environmental and land use analyses. http://www.regulations.gov. Follow the September 2011. The pre-alternatives Sound Transit will also develop and online instructions for submitting analysis evaluated eight potential assess the costs, benefits, and impacts of comments. corridors for the expansion of Tacoma each alternative and analyze funding • Fax: 202–366–2746. Link. Six of the corridors were proposed strategies. • Mail: Docket Management Facility, by a stakeholder group, which included At the end of the alternatives analysis M–30 U.S. Department of diverse representation of Tacoma and process, Sound Transit and the FTA Transportation, West Building, Ground the region. Sound Transit included two anticipate identifying a preferred mode floor, Room W12–140, 1200 New Jersey additional corridors for assessment in and corridor for further evaluation in a Ave. SE., Washington, DC 20590.

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• Hand Delivery or Courier: Docket driver, vehicle, roadway, citation and ACTION: List of Applications for Management Facility, M–30 U.S. adjudication, and injury surveillance Modification of Special Permits. Department of Transportation, West databases. Building, Ground floor, Room W12–140, This document describes the SUMMARY: In accordance with the 1200 New Jersey Ave. SE., Washington, capabilities of traffic records systems procedures governing the application DC 20590, between 9 a.m. and 5 p.m. and includes a set of questions, which for, and the processing of, special Eastern time, Monday through Friday, are the basis for an in-depth formal permits from the Department of review of State highway safety data and except Federal holidays. Transportation’s Hazardous Material Regardless of how you submit your State traffic records systems. Regulations (49 CFR part 107, subpart comments, you should identify the Specifically, these questions examine B), notice is hereby given that the Office Docket number of this document. how the State Traffic Records Instructions: For detailed instructions Coordinating Committee (TRCC) of Hazardous Materials Safety has on submitting comments and additional collects, manages, and integrates received the applications described information, see http:// information on the crash, driver, herein. This notice is abbreviated to www.regulations.gov. Note that all vehicle, roadway, citation and expedite docketing and public notice. comments received will be posted adjudication, and injury surveillance Because the sections affected, modes of without change to http:// databases. This assessment instrument transportation, and the nature of www.regulations.gov, including any was created in response to the GAO application have been shown in earlier personal information provided. Please recommendation (GAO–10–454) that Federal Register publications, they are read the ‘‘Privacy Act’’ heading below. ‘‘NHTSA take steps to ensure state not repeated here. Requests for Privacy Act: Anyone is able to search traffic records assessments are complete modification of special permits (e.g. to the electronic form of all contents and consistent to provide an in-depth provide for additional hazardous received into any of our dockets by the evaluation of all state traffic safety data materials, packaging design changes, name of the individual submitting the systems across all performance additional mode of transportation, etc.) comment (or signing the comment, if measures’’. are described in footnotes to the submitted on behalf of an association, During a traffic records assessment, application number. Application assessors will evaluate the response to business, labor union, etc.). You may numbers with the suffix ‘‘M’’ denote a each question. Per the Advisory, the review the complete User Notice and modification request. These Privacy Notice for Regulations.gov at system being evaluated will be deemed to be: (1) Meeting the description of the applications have been separated from http://www.regulations.gov/search/ the new application for special permits footer/privacyanduse.jsp. ideal traffic records system, (2) partially to facilitate processing. Docket: For access to the docket to meeting the ideal description, or (3) not read background documents or meeting the ideal description. These DATES: Comments must be received on comments received, go to http:// assessments will identify the strengths or before September 4, 2012. and weaknesses of each component of www.regulations.gov at any time or to Address Comments to: Record Center, West Building Ground Floor, Room the State’s traffic records systems and Pipeline and Hazardous Materials Safety W12–140, 1200 New Jersey Avenue SE., provide the State with an overview of Administration, U.S. Department of Washington, DC, between 9 a.m. and 5 the current status of their traffic records Transportation, Washington, DC 20590. p.m., Eastern Time, Monday through program that can be used to benchmark Friday, except Federal holidays. improvement efforts. In addition, Comments should refer to the FOR FURTHER INFORMATION CONTACT: For NHTSA will aggregate this data to application number and be submitted in programmatic issues: John Siegler, examine the strengths and weaknesses triplicate. If confirmation of receipt of Office of Traffic Records and Analysis, of traffic records systems nationally. comments is desired, include a self- NVS–423, National Highway Traffic The full text of the Traffic Records addressed stamped postcard showing Safety Administration, 1200 New Jersey Program Assessment Advisory, DOT HS the special permit number. Avenue SE., Washington, DC 20590. 811 644, is available at http://www- FOR FURTHER INFORMATION CONTACT: Telephone (202) 366–1268. For legal nrd.nhtsa.dot.gov/Pubs/811644.pdf. Copies of the applications are available issues: Roland Baumann, Office of Chief Terry T. Shelton, for inspection in the Records Center, Counsel, NCC–113, National Highway Associate Administrator, National Center for East Building, PHH–30, 1200 New Traffic Safety Administration, 1200 New Statistics and Analysis. Jersey Avenue Southeast, Washington Jersey Avenue SE., Washington, DC [FR Doc. 2012–20249 Filed 8–16–12; 8:45 am] DC or at http://regulations.gov. 20590. Telephone (202) 366–5260. BILLING CODE P SUPPLEMENTARY INFORMATION: Timely, This notice of receipt of applications accurate, complete, and uniform traffic for modification of special permit is records data is needed to identify and DEPARTMENT OF TRANSPORTATION published in accordance with Part 107 prioritize traffic safety issues, and of the Federal hazardous materials choose appropriate countermeasures Pipeline and Hazardous Materials transportation law (49 U.S.C. 5117(b); and evaluate their effectiveness. The Safety Administration 49 CFR 1.53(b)). National Highway Traffic Safety Notice of Applications for Modification Issued in Washington, DC, on August 7, Administration published the Traffic of Special Permit 2012. Records Program Assessment Advisory Donald Burger, (DOT HS 811 644) to provides guidance AGENCY: Pipeline and Hazardous to States on the collection, management Materials Safety Administration Chief, General Approvals and Permits. and analysis of data from the crash, (PHMSA), DOT.

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

MODIFICATION SPECIAL PERMITS

6691–M ...... Matheson Tri-Gas, Inc., 49 CFR 180.209(b)(i) ...... To modify the special permit to remove Linde’s ref- Basking Ridge, NJ. erence within paragraph 7.b. and add additional oper- ational controls. 11273–M ...... Cherry Air, Inc., Addison, 49 CFR Part 107, Subpart To modify the special permit to authorize Division 1.5 TX. B, Appendix B with ex- and 1.6 explosives which are forbidden or exceed the ceptions; 172.101; quantity limitation authorized for transportation by 172.204(c)(3); cargo aircraft. 173.27(b)(2)(3); 175.30(a)(1). 11989–M ...... Department of Defense, 49 CFR 172.504; 176.83(a), To modify the special permit to authorize an additional Scott AFB, IL. (b), (c)(2)(iii), (d) and (f). Division 2.2 hazardous materials, modify the list of permited guided bombs, packages, and operational controls. 14206–M ...... Digital Wave Corporation, 49 CFR 180.205 ...... To modify the special permit to authorize ISO 9809–2 Centennial, CO. cylinders be UE recertified.

[FR Doc. 2012–19835 Filed 8–16–12; 8:45 am] Transportation’s Hazardous Material Comments should refer to the BILLING CODE 4909–60–M Regulations (49 CFR part 107, Subpart application number and be submitted in B), notice is hereby given that the Office triplicate. If confirmation of receipt of of Hazardous Materials Safety has comments is desired, include a self- DEPARTMENT OF TRANSPORTATION received the application described addressed stamped postcard showing herein. Each mode of transportation for the special permit number. Pipeline and Hazardous Materials FOR FURTHER INFORMATION CONTACT: Safety Administration which a particular special permit is requested is indicated by a number in Copies of the applications are available Notice of Application for Special the ‘‘Nature of Application’’ portion of for inspection in the Records Center, Permits the table below as follows: 1—Mot/or East Building, PHI–I–30, 1200 New vehicle, 2—Rail freight, 3—Cargo vessel, Jersey Avenue Southeast, Washington AGENCY: Pipeline and Hazardous 4—Cargo aircraft only, 5—Passenger- DC or at http://regulations.gov. Materials Safety Administration carrying aircraft. This notice of receipt of applications (PHMSA), DOT. for special permit is published in DATES: Comments must be received on accordance with Part 107 of the Federal ACTION: List of applications for special or before September 17, 2012. hazardous materials transportation law permits. Address Comments To: Record (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUMMARY: In accordance with the Center, Pipeline and Hazardous Issued in Washington, DC, on August 7, procedures governing the application Materials Safety Administration, U.S. 2012. for, and the processing of, special Department of Transportation, Donald Burger, permits from the Department of Washington, DC 20590. Chief, General Approvals and Permits.

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

NEW SPECIAL PERMITS

15658–N ...... Xcel Energy, Monticello, MN 49 CFR 173.427(b)(1) ...... To authorize the transportation in commerce of certain Radioactive material in alternative packaging by high- way. (mode 1). 15671–N ...... Formulated Solutions, 49 CFR 173.306(a)(3)(v) ..... To authorize construction of DOT 2P or DOT 2Q non-re- Largo, FL. fillable aerosol container using an alternative leak test in lieu of the hot water bath. (modes 1, 2, 3, 4). 15675–N ...... The Boeing Company, St. 49 CFR 172.101 Column To authorize the one-time transportation in commerce of Louis, MO. (9B). certain explosives that are forbidden for transportation by cargo only aircraft. 15676–N ...... Iberica del Espacio, S.A ...... 49 CFR 172.101 Column To authorize the transportation in commerce of anhy- (9B). drous ammonia by cargo aircraft exceeding the quan- tities authorized in Column (9B). 15678–N ...... Department of State, Wash- 49 CFR 171.22(a) and To authorize the transportation in commerce of non-spill- ington, DC. ICAO TI Special Provison able batteries in diplomatic pouches without requiring A67. marking of the waybill. 15683–N ...... CESSCO, Johns Island, SC 49 CFR 180.209(g) ...... To authorize the transportation in commerce of certain 4BW240 cylinders that have been tested using an al- ternative testing procedure. 15684–N ...... Pratt & Whitney 49 CFR 173.185(4) ...... To authorize the transportation in commerce of power Rocketdyne, Inc, Canoga systems that consist of lithium ion battery assemblies. Park, CA.

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

15686–N ...... Smoky Mountain Heli- 49 CFR 172.101 Column To authorize the transportation in commerce of certain copters, Inc., Hanapepe, (9B), 172.204(c)(3), hazardous materials by 14 CFR Part 133 Rotorcraft HI. 173.27(b)(2), 172.200, External Load Operations transporting hazardous ma- 172.300, Part 173, terials attached to or suspended from an aircraft, in re- 175.30(a)(1) and 175.75. mote areas of the U.S. only, without being subject to hazard communication requirements, quantity limita- tions and certain loading and stowage requirements. 15688–N ...... Airborne Aviation, Lihue, HI 49 CFR 172.101 Column To authorize the transportation in commerce of certain (9B), 172.204(c)(3), hazardous materials by 14 CFR Part 133 Rotorcraft 173.27(b)(2), 172.200, External Load Operations transporting hazardous ma- 172.300, Part 173, terials attached to or suspended from an aircraft, in re- 175.30(a)(1) and 175.75. mote areas of the U.S. only, without being subject to hazard communication requirements, quantity limita- tions and certain loading and stowage requirements.

[FR Doc. 2012–19833 Filed 8–16–12; 8:45 am] & Sierra Northern Ry., Docket No. FD DEPARTMENT OF TRANSPORTATION 1 BILLING CODE 4909–60–M 35633. The transaction may be consummated Surface Transportation Board on or after September 2, 2012 (30 days [Docket No. FD 35633] DEPARTMENT OF TRANSPORTATION after the notice of exemption was filed). SCMB certifies that its projected Santa Cruz and Monterey Bay Railway Surface Transportation Board annual revenues as a result of this Company—Assignment of Lease [Docket No. FD 35659] transaction will not result in SCMB’s Exemption—Union Pacific Railroad becoming a Class II or Class I rail carrier Company and Sierra Northern Railway Santa Cruz and Monterey Bay Railway and will not exceed $5 million. Company—Acquisition and Operation If the verified notice contains false or Santa Cruz and Monterey Bay Railway Exemption—Union Pacific Railroad misleading information, the exemption Company (SCMB), a noncarrier, has Company is void ab initio. Petitions to revoke the filed a verified notice of exemption exemption under 49 U.S.C. 10502(d) under 49 CFR 1150.31 to acquire by Santa Cruz and Monterey Bay Railway may be filed at any time. The filing of assignment from Sierra Northern Company (SCMB), a noncarrier, has a petition to revoke will not Railway its lease and operating rights filed a verified notice of exemption automatically stay the effectiveness of over a 31.0-mile rail line (the Line) under 49 CFR 1150.31 to acquire from the exemption. Petitions to stay must be owned by Union Pacific Railroad Union Pacific Railroad Company (UP) filed no later than August 24, 2012 (at Company (UP). The Line, known as the and operate a permanent and exclusive least 7 days before the exemption Santa Cruz Branch, extends from operating easement over a 31.0-mile line becomes effective). milepost 0.433 at the east boundary of (the Line). The Line, known as the Santa An original and 10 copies of all Salinas Road, near Watsonville Cruz Branch, extends from milepost pleadings, referring to Docket No. FD Junction, Cal., to milepost 31.39 at the 0.433 at the east boundary of Salinas 35659, must be filed with the Surface end of the line near Davenport, Cal., and Road, near Watsonville Junction, Cal., to Transportation Board, 395 E Street SW., includes an interconnection with Santa milepost 31.39 at the end of the line Washington, DC 20423–0001. In Cruz, Big Trees & Pacific Railway near Davenport, Cal., and includes an addition, a copy of each pleading must Company at milepost 20.4 in Santa interconnection with Santa Cruz, Big be served on John D. Heffner, Cruz, Cal., and an additional 3.6 miles Trees & Pacific Railway Company at Strasburger & Price, LLP, 1700 K Street of siding and spur track. SCMB states milepost 20.4 in Santa Cruz, Cal., and NW., Suite 640, Washington, DC 20006. that there are no agreements applicable an additional 3.6 miles of siding and Board decisions and notices are to the Line that contain any provisions spur track. SCMB states that there are no available on our Web site at that may limit future interchange with agreements applicable to the Line that www.stb.dot.gov. a third-party carrier. contain any provisions that may limit Decided: August 14, 2012. In two related proceedings, verified future interchange with a third-party notices of exemption were filed for: (1) carrier. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Iowa Pacific Holdings, LLC and Permian In two related proceedings, verified Basin Railways to continue in control of Raina S. White, notices of exemption were filed for: (1) SCMB upon SCMB’s becoming a Class Iowa Pacific Holdings, LLC, and Clearance Clerk. III rail carrier, Iowa Pacific Holdings, Permian Basin Railways to continue in [FR Doc. 2012–20236 Filed 8–16–12; 8:45 am] LLC & Permian Basin Rys.— control of SCMB upon SCMB’s BILLING CODE 4915–01–P Continuance in Control Exemption— becoming a Class III rail carrier, Iowa Santa Cruz & Monterey Bay Ry., Docket Pacific Holdings, LLC & Permian Basin 1 Related to these notices of exemption is a No. FD 35632; and (2) SCMB to acquire Rys.—Continuance in Control petition for a declaratory order filed by the Santa Cruz County Regional Transportation Commission from UP and operate a permanent and Exemption—Santa Cruz & Monterey Bay (SCCRTC). See Santa Cruz Cnty. Reg’l Transp. exclusive operating easement over the Ry., Docket No. FD 35632; and (2) SCMB Comm’n—Petition for Declaratory Order, Docket Line, Santa Cruz & Monterey Bay Ry.— to acquire by assignment from Sierra No. FD 35653. SCCRTC seeks a finding that its Acquis. & Operation Exemption—Union Northern Railway its lease and purchase of the physical assets of the Line from UP 1 is not subject to the Board’s approval jurisdiction Pacific R.R., Docket No. FD 35659. operating rights over the Line, Santa and will not result in SCCRTC acquiring a common Cruz & Monterey Bay Ry.—Assignment carrier obligation with respect to the Line. The 1 Related to these notices of exemption is a of Lease Exemption—Union Pacific R.R. petition will be addressed in a separate decision. petition for a declaratory order filed by the Santa

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The transaction may be consummated 59.60 in Division, Cal. and milepost DEPARTMENT OF TRANSPORTATION on or after August 31, 2012 (the effective 129.61 in Plaster City, Cal. (Desert date of the exemption). Line).2 The Desert Line is owned by San Surface Transportation Board SCMB certifies that its projected Diego and Arizona Eastern Railway [Docket No. FD 35632] annual revenues as a result of this Company (SD&AE). The agreement transaction will not result in SCMB’s provides for a change in operators for Iowa Pacific Holdings, LLC and becoming a Class II or Class I rail carrier the Desert Line through CGR’s Permian Basin Railways—Continuance and will not exceed $5 million. assignment of its authority to operate in Control Exemption—Santa Cruz and If the verified notice contains false or the Desert Line to PIR, with the consent Monterey Bay Railway Company misleading information, the exemption is void ab initio. Petitions to revoke the of SD&AE, its parent, San Diego Iowa Pacific Holdings, LLC, and exemption under 49 U.S.C. 10502(d) Metropolitan Transit Development Permian Basin Railways (IPH/PBR), may be filed at any time. The filing of Board, and SD&IV. noncarriers, have filed a verified notice a petition to revoke will not The transaction may be consummated of exemption pursuant to 49 CFR automatically stay the effectiveness of on or after August 31, 2012 (30 days 1180.2(d)(2) to continue in control of the exemption. Petitions to stay must be after the notice of exemption was filed). Santa Cruz and Monterey Bay Railway Company (SCMB) upon SCMB’s filed no later than August 24, 2012 (at PIR certifies that its projected annual least 7 days before the exemption becoming a Class III rail carrier.1 revenues as a result of this transaction In a concurrently filed verified notice becomes effective). will not exceed those that would qualify An original and 10 copies of all of exemption, SCMB seeks Board pleadings, referring to Docket No. FD it as a Class III rail carrier and further approval to acquire by assignment from 35633, must be filed with the Surface certifies that its projected annual Sierra Northern Railway its lease and Transportation Board, 395 E Street SW., revenues will not exceed $5 million. operating rights over a 31.0-mile rail Washington, DC 20423–0001. In If the verified notice contains false or line (the Line) owned by Union Pacific addition, a copy must be served on John misleading information, the exemption Railroad Company (UP). The Line, D. Heffner, Strasburger & Price, LLP, is void ab initio. Petitions to revoke the known as the Santa Cruz Branch, 1700 K Street NW., Suite 640, exemption under 49 U.S.C. 10502(d) extends from milepost 0.433 at the east boundary of Salinas Road, near Washington, DC 20006. may be filed at any time. The filing of Watsonville Junction, Cal., to milepost Board decisions and notices are a petition to revoke will not 31.39 at the end of the line near available on our Web site at automatically stay the effectiveness of www.stb.dot.gov. Davenport, Cal., and includes an the exemption. Petitions for stay must interconnection with Santa Cruz, Big Decided: August 14, 2012. be filed no later than August 24, 2012 Trees & Pacific Railway Company at By the Board, Rachel D. Campbell, (at least 7 days before the exemption milepost 20.4 in Santa Cruz, Cal., and Director, Office of Proceedings. becomes effective). an additional 3.6 miles of siding and Derrick A. Gardner, An original and 10 copies of all spur track. Santa Cruz & Monterey Bay Clearance Clerk. pleadings, referring to Docket No. FD Ry.—Assignment of Lease Exemption— [FR Doc. 2012–20241 Filed 8–16–12; 8:45 am] 35657, must be filed with the Surface Sierra N. Ry., Docket No. FD 35633. BILLING CODE 4915–01–P Transportation Board, 395 E Street SW., In addition, SCMB has filed a related Washington, DC 20423–0001. In verified notice of exemption to acquire addition, one copy of each pleading from UP its permanent and exclusive DEPARTMENT OF TRANSPORTATION 2 must be served on Thomas F. operating easement over the Line. Santa Cruz & Monterey Bay Ry.— Surface Transportation Board McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604. Acquis. & Operation Exemption—Union [Docket No. FD 35657] Pac. R.R., Docket No. FD 35659. Board decisions and notices are The transaction may be consummated Pacific Imperial Railroad, Inc.—Change available on our Web site at on or after August 31, 2012 (the effective in Operator Exemption—Rail Line of www.stb.dot.gov. date of the exemption). San Diego and Arizona Eastern Decided: August 13, 2012. IPH/PBR subsidiary railroads include: Railway Company (1) Chicago Terminal Railroad, located By the Board, Rachel D. Campbell, Pacific Imperial Railroad, Inc. (PIR), a in and around Chicago, Ill.; (2) Mount Director, Office of Proceedings. Hood Railroad, located in Oregon; (3) noncarrier, has filed a verified notice of Jeffrey Herzig, exemption under 49 CFR 1150.31 to San Luis & Rio Grande Railroad, located change operators, pursuant to an Clearance Clerk. in Colorado; (4) Saratoga & North Creek agreement with Carrizo Gorge Railway, [FR Doc. 2012–20260 Filed 8–16–12; 8:45 am] Railway, located in New York; (5) Inc. (CGR),1 from CGR to PIR over a BILLING CODE 4915–01–P 1 PBR and SCMB are wholly owned subsidiaries 70.01-mile rail line between milepost of IPH. 2 Related to these notices of exemption is a Cruz County Regional Transportation Commission petition for a declaratory order filed by the Santa (SCCRTC). See Santa Cruz Cnty. Reg’l Transp. Cruz County Regional Transportation Commission Comm’n—Petition for Declaratory Order, Docket (SCCRTC). See Santa Cruz Cnty. Reg’l Transp. No. FD 35653. SCCRTC seeks a finding that its Comm’n—Petition for Declaratory Order, Docket purchase of the physical assets of the Line from UP No. FD 35653. SCCRTC seeks a finding that its is not subject to the Board’s approval jurisdiction purchase of the physical assets of the Line from UP and will not result in SCCRTC acquiring a common is not subject to the Board’s approval jurisdiction 2 PIR states that San Diego & Imperial Valley carrier obligation with respect to the Line. The and will not result in SCCRTC acquiring a common petition will be addressed in a separate decision. Railroad Company, Inc. (SD&IV) has residual carrier obligation with respect to the Line. As part 1 CGR was authorized to operate the Desert Line authority to operate the Desert Line and has agreed of the transaction, UP will retain the permanent and in Carrizo Gorge Railway—Operation Exemption— to assign that authority to PIR. PIR states that it will exclusive operating easement over the Line that San Diego and Eastern Railway, FD 34485 (STB file another notice of exemption for Board approval SCMB is seeking to acquire. The petition will be served Apr. 12, 2004). at the appropriate time regarding that assignment. addressed in a separate decision.

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Texas-New Mexico Railroad, located in DEPARTMENT OF THE TREASURY Order 13582, is effective on August 10, New Mexico and Texas; and (6) West 2012. Texas & Lubbock Railway, located in Office of the Secretary FOR FURTHER INFORMATION CONTACT: Texas. Assistant Director, Compliance List of Countries Requiring Outreach & Implementation, Office of IPH/PBR represent that: (1) The Line Cooperation With an International Foreign Assets Control, Department of does not connect with any other Boycott railroads in the corporate family; (2) the the Treasury, 1500 Pennsylvania transaction is not part of a series of In accordance with section 999(a)(3) Avenue NW., (Treasury Annex), anticipated transactions that would of the Internal Revenue Code of 1986, Washington, DC 20220, Tel.: 202/622– 2490. connect the Line with any other the Department of the Treasury is railroads in the corporate family; and (3) publishing a current list of countries SUPPLEMENTARY INFORMATION: the transaction does not involve a Class which require or may require participation in, or cooperation with, an Electronic and Facsimile Availability I rail carrier. Therefore, the transaction international boycott (within the is exempt from the prior approval This document and additional meaning of section 999(b)(3) of the requirements of 49 U.S.C. 11323. See 49 information concerning OFAC are Internal Revenue Code of 1986). available from OFAC’s Web site CFR 1180.2(d)(2). On the basis of the best information (www.treas.gov/ofac) or via facsimile Under 49 U.S.C. 10502(g), the Board currently available to the Department of through a 24-hour fax-on-demand may not use its exemption authority to the Treasury, the following countries service, Tel.: 202/622–0077. relieve a rail carrier of its statutory require or may require participation in, obligation to protect the interests of its or cooperation with, an international Background employees. Section 11326(c), however, boycott (within the meaning of section On August 17, 2011, the President does not provide for labor protection for 999(b)(3) of the Internal Revenue Code issued Executive Order 13582, transactions under sections 11324 and of 1986). ‘‘Blocking Property of the Government 11325 that involve only Class III rail Iraq of Syria and Prohibiting Certain carriers. Accordingly, the Board may not Kuwait Transactions With Respect to Syria,’’ impose labor protective conditions here, Lebanon (the ‘‘Order’’) pursuant to, inter alia, the because all of the carriers involved are Libya International Emergency Economic Class III carriers. Qatar Powers Act (50 U.S.C. 1701–06). In the Saudi Arabia Order, the President took additional If the verified notice contains false or Syria steps with respect to the national misleading information, the exemption United Arab Emirates emergency declared in Executive Order is void ab initio. Petitions to revoke the Yemen 13338 of May 11, 2004, which was exemption under 49 U.S.C. 10502(d) Dated: August 13, 2012. modified in scope and relied upon for may be filed at any time. The filing of Danielle Rolfes, additional steps taken in Executive a petition to revoke will not Order 13399 of April 25, 2006, Acting International Tax Counsel, Tax Policy. automatically stay the effectiveness of Executive Order 13460 of February 13, the exemption. Stay petitions must be [FR Doc. 2012–20182 Filed 8–16–12; 8:45 am] 2008, Executive Order 13572 of April filed no later than August 24, 2012 (at BILLING CODE 4810–25–M 29, 2011, and Executive Order 13573 of least 7 days before the exemption May 18, 2011. Section 1 of the Order blocks, with becomes effective). DEPARTMENT OF THE TREASURY certain exceptions, all property and An original and 10 copies of all interests in property that are in the pleadings, referring to Docket No. FD Office of Foreign Assets Control United States, that hereafter come 35632, must be filed with the Surface Designation of One (1) Entity Pursuant within the United States, or that are or Transportation Board, 395 E Street SW., to Executive Order 13582 of August 17, hereafter come within the possession or Washington, DC 20423–0001. In 2011, ‘‘Blocking Property of the control of any United States person, addition, one copy of each pleading Government of Syria and Prohibiting including any overseas branch, of (1) the must be served on John D. Heffner, Certain Transactions With Respect to Government of Syria; (2) any person Strasburger & Price, LLP, 1700 K Street Syria’’ determined by the Secretary of the NW., Suite 640, Washington, DC 20006. Treasury, in consultation with the Board decisions and notices are AGENCY: Office of Foreign Assets Secretary of State, (a) to have materially available on our Web site at Control, Treasury. assisted, sponsored, or provided www.stb.dot.gov. ACTION: Notice. financial, material, or technological support for, or goods or services in Decided: August 14, 2012. SUMMARY: The Treasury Department’s support of, any person whose property By the Board, Rachel D. Campbell, Office of Foreign Assets Control and interests in property are blocked Director, Office of Proceedings. (‘‘OFAC’’) is publishing the name of one pursuant to the Order; or (b) to be Derrick A. Gardner, (1) entity whose property and interests owned or controlled by, or to have acted in property are blocked pursuant to or purported to act for or on behalf of, Clearance Clerk. Executive Order 13582 of August 17, [FR Doc. 2012–20240 Filed 8–16–12; 8:45 am] directly or indirectly, any person whose 2011, ‘‘Blocking Property of the property and interests in property are BILLING CODE 4915–01–P Government of Syria and Prohibiting blocked pursuant to the Order. Certain Transactions With Respect to On August 10, 2012, the Director of Syria.’’ OFAC, in consultation with the DATES: The designation by the Director Department of State, designated, of OFAC of the one (1) entity identified pursuant to one or more of the criteria in this notice, pursuant to Executive set forth in subsection 1(b) of the Order,

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one (1) entity whose property and for purposes of meeting the needs of 620,000 square feet including parking interests in property are blocked Veterans of the North Coast and San structure space) of new ambulatory care pursuant to Executive Order 13582. Francisco Bay Area over the next 20 and research space at a new alternate The listing for the entity on OFAC’s years. site in the Mission Bay area of San list of Specially Designated Nationals Francisco. Alternative 3 is the No DATES: Interested parties are invited to and Blocked Persons appear as follows: Action Alternative. submit comments in writing on the Environmental topics that have been Entity SFVAMC LRDP Draft EIS by October 16, addressed in the Draft EIS include: 1. HIZBALLAH (a.k.a. ANSAR 2012. Interested parties are also invited aesthetics, air quality, community ALLAH; a.k.a. FOLLOWERS OF THE to participate in a public meeting services, cultural resources, coastal PROPHET MUHAMMED; a.k.a. regarding the SFVAMC LRDP Draft EIS management, geology and soils, ISLAMIC JIHAD; a.k.a. ISLAMIC JIHAD on September 20, 2012 at SFVAMC greenhouse gas emissions, hydrology FOR THE LIBERATION OF (4150 Clement Street, San Francisco, CA and water quality, land use, noise, PALESTINE; a.k.a. ISLAMIC JIHAD 94121, Building 7, 1st Floor, socioeconomics, hazards, transportation ORGANIZATION; a.k.a. Auditorium) at 5 p.m. At the public and parking, utilities, and biological ORGANIZATION OF RIGHT AGAINST meeting, interested parties will also resources. Relevant and reasonable WRONG; a.k.a. ORGANIZATION OF have the opportunity to comment measures that could alleviate THE OPPRESSED ON EARTH; a.k.a. regarding the National Historic environmental effects have been PARTY OF GOD; a.k.a. Preservation Act Section 106 process. considered and are included where REVOLUTIONARY JUSTICE ADDRESSES: Submit written comments relevant within the Draft EIS. ORGANIZATION) [FTO] [SDGT] [SDT] on the SFVAMC LRDP Draft EIS through Information related to the EIS process, [SYRIA]. www.regulations.gov. Please refer to: including notices of public meetings, Dated: August 13, 2012. ‘‘SFVAMC LRDP Draft EIS’’ in any will be available for viewing on the Barbara C. Hammerle, correspondence. SFVAMC Web site: http:// Acting Director, Office of Foreign Assets FOR FURTHER INFORMATION CONTACT: www.sanfrancisco.va.gov/. Control. Chief Engineer, Engineering Service Approved: August 9, 2012. [FR Doc. 2012–20194 Filed 8–16–12; 8:45 am] (138), San Francisco Veterans Affairs John R. Gingrich, BILLING CODE 4810–AL–P Medical Center, 4150 Clement Street, Chief of Staff, Department of Veterans Affairs. San Francisco, CA 94121 or by [FR Doc. 2012–20243 Filed 8–16–12; 8:45 am] telephone, (415) 221–4810, extension BILLING CODE 8320–01–P DEPARTMENT OF VETERANS 2009. The SFVAMC LRDP and LRDP AFFAIRS Draft EIS are available for viewing on the SFVAMC Web site: http:// DEPARTMENT OF VETERANS Notice of Availability of an www.sanfrancisco.va.gov/planning. AFFAIRS Environmental Impact Statement (EIS) SUPPLEMENTARY INFORMATION: VA for the San Francisco Veterans Affairs operates the SFVAMC, located at Fort Geriatrics and Gerontology Advisory Medical Center (SFVAMC) Long Range Miley in San Francisco, California. It is Committee, Notice of Meeting Development Plan (LRDP) the only VAMC in the City and County The Department of Veterans Affairs AGENCY: Department of Veterans Affairs of San Francisco and is considered an (VA) gives notice under Public Law 92– (VA). aging facility with need for retrofitting 463 (Federal Advisory Committee Act) ACTION: Notice of availability. and expansion. The SFVAMC has that a meeting of the Geriatrics and identified a need for retrofitting existing Gerontology Advisory Committee will SUMMARY: Pursuant to the National buildings to the most recent seismic be held on September 5–6, 2012, in Environmental Policy Act (NEPA) of safety requirements and for an Room C–7 at the Department of Veterans 1969, as amended, (42 U.S.C. 4331 et additional 589,000 square feet of Affairs, 810 Vermont Avenue NW., seq.), the Council on Environmental building space (in addition to the Washington, DC. On September 5, the Quality Regulations for Implementing existing nearly one million square feet session will begin at 8:30 a.m. and end the Procedural Requirements of NEPA of building space) to meet the needs of at 5 p.m. On September 6, the session (40 CFR parts 1500–1508), VA’s San Francisco Bay Area and northern will begin at 8 a.m. and end at 12 noon. Implementing Regulations (38 CFR part California coast Veterans over the next This meeting is open to the public. 26), as well as the settlement agreement 20 years. The purpose of the Committee is to resulting from Planning Association for Three alternatives were evaluated in provide advice to the Secretary of Richmond, et al. v. U.S. Department of the Draft EIS. Alternative 1 would Veterans Affairs and the Under Veterans Affairs, C–06–02321–SBA include the addition of 244,000 square Secretary for Health on all matters (filed 6 June 2008), VA has prepared a feet (or 394,000 square feet including pertaining to geriatrics and gerontology. Draft EIS for the proposed parking structure space) of medical and The Committee assesses the capability implementation of the SFVAMC LRDP research space and seismic retrofit of of VA health care facilities and in San Francisco, California. The nine existing buildings at the existing programs to meet the medical, SFVAMC LRDP involves development SFVAMC site, a 29-acre site located at psychological, and social needs of older and construction of patient care Fort Miley in the northwestern portion Veterans and evaluates VA programs buildings, research buildings, business of San Francisco. Alternative 2 would designated as Geriatric Research, occupancy buildings, and parking include the addition of 124,000 square Education, and Clinical Centers. structures, as well as retrofitting feet (or 274,000 square feet including The meeting will feature seismically deficient buildings. The parking structure space) of medical and presentations and discussions on VA’s Draft EIS identifies and evaluates research space and seismic retrofit of geriatrics and extended care programs, environmental factors associated with nine existing buildings at the existing aging research activities, updates on new construction, demolition, as well as SFVAMC site as well as the VA’s employee staff working in the area seismic retrofit to upgrade the SFVAMC construction of 350,000 square feet (or of geriatrics (to include training,

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recruitment and retention approaches), No time will be allocated at this [email protected]. Veterans Health Administration (VHA) meeting for receiving oral presentations Individuals who wish to attend the strategic planning activities in geriatrics from the public. Interested parties meeting should contact Mrs. Holt- and extended care, recent VHA efforts should provide written comments for Delaney at (202) 461–6769. regarding dementia and program review by the Committee to Mrs. Marcia Dated: August 13, 2012. advances in palliative care, and Holt-Delaney, Program Analyst, Office By Direction of the Secretary. performance and oversight of VA of Geriatrics and Extended Care Vivian Drake, Geriatric Research, Education, and (10P4G), Department of Veterans Committee Management Officer. Clinical Centers. Affairs, 810 Vermont Avenue NW., [FR Doc. 2012–20189 Filed 8–16–12; 8:45 am] Washington, DC 20420, or via email at BILLING CODE P

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations; Proposed Rule

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DEPARTMENT OF THE INTERIOR proposal to amend 50 CFR part 20. The detailed information on the 2012–13 proposal provided a background and regulatory schedule and announced the Fish and Wildlife Service overview of the migratory bird hunting Service Regulations Committee (SRC) regulations process, and addressed the and Flyway Council meetings. 50 CFR Part 20 establishment of seasons, limits, and On June 12, 2012, we published in the other regulations for hunting migratory Federal Register (77 FR 34931) a third [Docket No. FWS–R9–MB–2012–0005; document revising our previously FF09M21200–123–FXMB1231099BPP0L2] game birds under §§ 20.101 through 20.107, 20.109, and 20.110 of subpart K. announced dates of the June 2012 SRC RIN 1018–AX97 Major steps in the 2012–13 regulatory meetings. cycle relating to open public meetings On June 19 and 20, 2012, we held Migratory Bird Hunting; Proposed and Federal Register notifications were open meetings with the Flyway Council Frameworks for Late-Season Migratory also identified in the April 17 proposed Consultants where the participants Bird Hunting Regulations rule. reviewed information on the current Further, we explained that all sections status of migratory shore and upland AGENCY: Fish and Wildlife Service, game birds and developed Interior. of subsequent documents outlining hunting frameworks and guidelines recommendations for the 2012–13 ACTION: Proposed rule; supplemental. were organized under numbered regulations for these species plus headings. Those headings are: regulations for migratory game birds in SUMMARY: The Fish and Wildlife Service Alaska, Puerto Rico, and the Virgin (hereinafter Service or we) is proposing 1. Ducks A. General Harvest Strategy Islands, special September waterfowl to establish the 2012–13 late-season B. Regulatory Alternatives seasons in designated States, special sea hunting regulations for certain C. Zones and Split Seasons duck seasons in the Atlantic Flyway, migratory game birds. We annually D. Special Seasons/Species Management and extended falconry seasons. In prescribe frameworks, or outer limits, i. September Teal Seasons addition, we reviewed and discussed for dates and times when hunting may ii. September Teal/Wood Duck Seasons preliminary information on the status of iii. Black Ducks occur and the number of birds that may waterfowl as it relates to the be taken and possessed in late seasons. iv. Canvasbacks v. Pintails development and selection of the These frameworks are necessary to regulatory packages for the 2012–13 allow State selections of seasons and vi. Scaup vii. Mottled Ducks regular waterfowl seasons. limits and to allow recreational harvest viii. Wood Ducks On July 20, 2012, we published in the at levels compatible with population ix. Youth Hunt Federal Register (77 FR 42920) a fourth and habitat conditions. x. Mallard Management Units document specifically dealing with the DATES: You must submit comments on xi. Other proposed frameworks for early-season the proposed migratory bird hunting 2. Sea Ducks regulations. In late August 2012, we will late-season frameworks by August 31, 3. Mergansers publish a rulemaking establishing final 2012. 4. Canada Geese A. Special Seasons frameworks for early-season migratory ADDRESSES: You may submit comments B. Regular Seasons bird hunting regulations for the 2012–13 on the proposals by one of the following C. Special Late Seasons season. methods: 5. White-fronted Geese On July 25–26, 2012, we held open • Federal eRulemaking Portal: http:// 6. Brant meetings with the Flyway Council www.regulations.gov. Follow the 7. Snow and Ross’s (Light) Geese Consultants, at which the participants 8. Swans instructions for submitting comments reviewed the status of waterfowl and 9. Sandhill Cranes developed recommendations for the on Docket No. FWS–R9–MB–2012– 10. Coots 0005. 2012–13 regulations for these species. 11. Moorhens and Gallinules This document deals specifically with • U.S. mail or hand-delivery: Public 12. Rails Comments Processing, Attn: FWS–R9– 13. Snipe proposed frameworks for the late-season MB–2012–0005, Division of Policy and 14. Woodcock migratory bird hunting regulations. It Directives Management, U.S. Fish and 15. Band-tailed Pigeons will lead to final frameworks from Wildlife Service, 4401 N. Fairfax Drive, 16. Mourning Doves which States may select season dates, MS 2042–PDM, Arlington, VA 22203. 17. White-Winged and White-Tipped Doves shooting hours, areas, and limits. 18. Alaska We have considered all pertinent We will not accept emailed or faxed 19. Hawaii comments received through July 27, comments. We will post all comments 20. Puerto Rico 2012, on the April 17 and May 17, 2012, on http://www.regulations.gov. This 21. Virgin Islands rulemaking documents in developing generally means that we will post any 22. Falconry this document. In addition, new personal information you provide us 23. Other proposals for certain late-season (see the Public Comments section below Subsequent documents will refer only regulations are provided for public for more information). to numbered items requiring attention. comment. The comment period is FOR FURTHER INFORMATION CONTACT: Ron Therefore, it is important to note that we specified above under DATES. We will W. Kokel, U.S. Fish and Wildlife will omit those items requiring no publish final regulatory frameworks for Service, Department of the Interior, MS attention, and remaining numbered late-season migratory game bird hunting MBSP–4107–ARLSQ, 1849 C Street items will be discontinuous and appear in the Federal Register on or around NW., Washington, DC 20240; (703) 358– incomplete. September 21, 2012. 1714. On May 17, 2012, we published in the SUPPLEMENTARY INFORMATION: Federal Register (77 FR 29516) a second Population Status and Harvest document providing supplemental The following paragraphs provide Regulations Schedule for 2012 proposals for early- and late-season preliminary information on the status of On April 17, 2012, we published in migratory bird hunting regulations. The waterfowl and information on the status the Federal Register (77 FR 23094) a May 17 supplement also provided and harvest of migratory shore and

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upland game birds excerpted from million) was similar to the 2011 this year’s selection of the appropriate various reports. For more detailed estimate and 96 percent above the long- hunting regulations. information on methodologies and term average. Estimated abundance of Status of Geese and Swans results, you may obtain complete copies American wigeon (A. americana; 2.1 ± of the various reports at the address 0.1 million) was similar to the 2011 We provide information on the indicated under FOR FURTHER estimate and 17 percent below the long- population status and productivity of INFORMATION CONTACT or from our Web term average. The estimated abundance North American Canada geese (Branta site at http://www.fws.gov/ of green-winged teal (A. crecca) was 3.5 canadensis), brant (B. bernicla), snow migratorybirds/ ± 0.2 million, which was 20 percent geese (Chen caerulescens), Ross’s geese NewsPublicationsReports.html. above the 2011 estimate and 74 percent (C. rossii), emperor geese (C. canagica), above their long-term average. The white-fronted geese (Anser albifrons), Waterfowl Breeding and Habitat Survey estimate of blue-winged teal abundance and tundra swans (Cygnus Federal, provincial, and State (A. discors) was 9.2 ± 0.4 million, which columbianus). Production of arctic- agencies conduct surveys each spring to was similar to the 2011 estimate and 94 nesting geese depends heavily upon the estimate the size of breeding percent above their long-term average. timing of snow and ice melt, and on populations and to evaluate the The estimate for northern pintails (A. spring and early summer temperatures. conditions of the habitats. These acuta; 3.5 ± 0.2 million) was 22 percent In 2012, snowmelt timing was average surveys are conducted using fixed-wing below the 2011 estimate, and 14 percent or earlier than average throughout most aircraft, helicopters, and ground crews below the long-term average. The of the important goose breeding areas. and encompass principal breeding areas northern shoveler estimate (A. clypeata) Conditions throughout Alaska and of North America, covering an area over was 5.0 ± 0.3 million, which was similar northwestern Canada were good. The 2.0 million square miles. The traditional to the 2011 estimate and 111 percent exception was the Yukon-Kuskokwim survey area comprises Alaska, Canada, above the long-term average. Redhead Delta, where spring phenology was later and the northcentral United States, and abundance (Aythya americana; 1.3 ± 0.1 than average, and flooding ensued when includes approximately 1.3 million million) was similar to the 2011 ice blockages trapped snowmelt. In square miles. The eastern survey area estimate and 89 percent above the long- addition, flooding on Southampton includes parts of Ontario, Quebec, term average. The canvasback estimate Island caused near-total nesting failure Labrador, Newfoundland, Nova Scotia, (A. valisineria; 0.7 ± 0.05 million) was of the geese breeding there. Gosling Prince Edward Island, New Brunswick, similar to the 2011 estimate and 33 production of Canada goose populations New York, and Maine, an area of percent above the long-term average. that migrate to the Atlantic and approximately 0.7 million square miles. Estimated abundance of scaup (A. Mississippi Flyways should generally be Overall, habitat conditions during the affinis and A. marila combined; 5.2 ± average in 2012. In the central Arctic, 2012 Waterfowl Breeding Population 0.3 million) was 21 percent above the phenology was earlier than average and and Habitat Survey were characterized 2011 estimate and similar to the long- earlier than last year, so above-average by average to below-average moisture, a term average. production of snow and Ross’s geese mild winter, and an early spring across The eastern survey area was and Mid-continent white-fronted geese the southern portion of the traditional restratified in 2005, and is now nesting in the Queen Maud Gulf and eastern survey areas. Northern composed of strata 51–72. Estimated Sanctuary was expected. Pacific Flyway habitats of the traditional and eastern abundance of mallards in the eastern white-fronted geese, brant, and Canada survey areas generally received average survey area was 0.4 ± 0.1 million, which geese nesting in the central Arctic moisture and temperatures. The total was similar to the 2011 estimate and the should benefit as well. Indices of pond estimate (Prairie Canada and U.S. long-term average (1990–2011). wetland abundance in the Canadian and combined) was 5.5 ± 0.2 million. This Abundance estimates of green-winged U.S. prairies in 2012 fell dramatically was 32 percent below the 2011 estimate teal, ring-necked duck (A. collaris), from last year’s record highs. However, of 8.1 ± 0.2 million ponds, and 9 percent goldeneyes (common [Bucephala early spring temperatures were warm above the long-term average of 5.1 ± clangula] and Barrow’s [B. islandica]), throughout most of the United States, so 0.03 million ponds. Additional details and mergansers (red-breasted [Mergus the resulting early nest initiations of the 2012 Survey were provided in the serrator], common [M. merganser], and should have increased brood survival July 20 Federal Register and are hooded [Lophodytes cucullatus]) were despite poorer wetland conditions. available from our Web site at http:// all similar to their 2011 estimates and Breeding populations of most www.fws.gov/migratorybirds/ long-term averages. The American black temperate-nesting geese were at or near NewsPublicationsReports.html. duck (Anas rubripes) estimate was 0.6 ± record highs in 2012, despite efforts to reduce or stabilize them. Production of Breeding Population Status 0.04 million, which was 11 percent higher than the 2011 estimate and temperate-nesting Canada geese from In the traditional survey area, which similar to the long-term average. most of their North American range is includes strata 1–18, 20–50, and 75–77, expected to be above-average in 2012. the total duck population estimate was Fall Flight Estimate 48.6 ± 0.8 [SE] million birds. This The mid-continent mallard Waterfowl Harvest and Hunter Activity estimate represents an 7 percent population is composed of mallards National surveys of migratory bird increase over last year’s estimate of 45.6 from the traditional survey area (revised hunters were conducted during the 2010 ± 0.8 million birds and was 43 percent in 2008 to exclude Alaska mallards), and 2011 hunting seasons. About 1.1 above the long-term average (1955– Michigan, Minnesota, and Wisconsin, million waterfowl hunters harvested 2011). Estimated mallard (Anas and was estimated to be 12.7 ± 1.2 14,796,700 (±4 percent) ducks and platyrhynchos) abundance was 10.6 ± million birds. This was similar to the 3,169,900 (±5 percent) geese in 2010, 0.3 million birds, which was 15 percent 2011 estimate of 11.9 ± 1.1 million in and almost 1.2 million waterfowl above the 2011 estimate of 9.2 ± 0.3 2010. hunters harvested 15,880,900 (±6 million birds and 40 percent above the See section 1.A. Harvest Strategy percent) ducks and 2,868,500 (±5 long-term average. Estimated abundance Considerations for further discussion of percent) geese in 2011. Mallard, green- of gadwall (A. strepera; 3.6 ± 0.2 the implications of this information for winged teal, gadwall, wood duck, and

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blue-winged/cinnamon teal were the Councils and the Upper- and Lower- Councils regarding selection of the five most-harvested duck species in the Region Regulations Committees of the ‘‘liberal’’ regulatory alternative and United States, and Canada goose was Mississippi Flyway Council propose to adopt the ‘‘liberal’’ the predominant species in the goose recommended the adoption of the regulatory alternative, as described in harvest. Coot hunters (about 50,500 in ‘‘liberal’’ regulatory alternative. the May 17, 2012, Federal Register. 2010 and 46,200 in 2011) harvested Service Response: We continue to use D. Special Seasons/Species 302,600 (±50 percent) coots in 2010 and adaptive harvest management (AHM) Management 416,400 (±36 percent) in 2011. protocols that allow hunting regulations to vary among Flyways in a manner that i. Special Teal Seasons Review of Public Comments and recognizes each Flyway’s unique Council Recommendations: The Flyway Council Recommendations breeding-ground derivation of mallards. Mississippi Flyway Council The preliminary proposed In 2008, we described and adopted a rulemaking, which appeared in the protocol for regulatory decision-making recommends that if the teal harvest April 17, 2012, Federal Register, for the newly defined stock of western assessment concludes that teal opened the public comment period for mallards (73 FR 43290; July 24, 2008). populations can sustain harvests beyond migratory game bird hunting For the 2012 hunting season, we the harvest incurred during regular duck regulations. The supplemental proposed continue to believe that the prescribed seasons and the Service offers States rule, which appeared in the May 17, regulatory choice for the Pacific Flyway special teal harvest opportunities 2012, Federal Register, discussed the should be based on the status of this outside the regular duck seasons, then regulatory alternatives for the 2012–13 western mallard breeding stock, while Iowa, Michigan, Minnesota, and duck hunting season. Late-season the regulatory choice for the Mississippi Wisconsin should be offered the same comments are summarized below and and Central Flyways should depend on special teal harvest opportunities that numbered in the order used in the April the status of the recently redefined mid- are offered to other States in the 17 and May 17 Federal Register continent mallard stock. We also Mississippi Flyway. documents. We have included only the recommend that the regulatory choice Service Response: We recognize the numbered items pertaining to late- for the Atlantic Flyway continue to long-standing interest by production season issues for which we received depend on the status of eastern States for additional teal harvest written comments. Consequently, the mallards. opportunities. In 2009, the Service and issues do not follow in successive For the 2012 hunting season, we are Flyway Councils formed a working numerical or alphabetical order. continuing to consider the same group to assess the harvest potential of We received recommendations from regulatory alternatives as those used last each of the three teal species. A report all four Flyway Councils. Some year. The nature of the ‘‘restrictive,’’ from that working group is scheduled recommendations supported ‘‘moderate,’’ and ‘‘liberal’’ alternatives for completion in January 2013. We continuation of last year’s frameworks. has remained essentially unchanged have previously decided not to entertain Due to the comprehensive nature of the since 1997, except that extended any changes to special September teal annual review of the frameworks framework dates have been offered in seasons and special September duck performed by the Councils, support for the ‘‘moderate’’ and ‘‘liberal’’ regulatory seasons until this assessment is continuation of last year’s frameworks is alternatives since 2002. Also, in 2003, completed (74 FR 43009). If additional assumed for items for which no we agreed to place a constraint on harvest opportunity is warranted, we are recommendations were received. closed seasons in the Mississippi and willing to work with the Flyways to Council recommendations for changes Central Flyways whenever the explore how that opportunity may be in the frameworks are summarized midcontinent mallard breeding- provided. We note that any potential below. population size (as defined prior to changes to special September teal We seek additional information and 2008; traditional survey area plus seasons would likely require further comments on the recommendations in Minnesota, Michigan, and Wisconsin) technical evaluation. We are willing to this supplemental proposed rule. New was ≥5.5 million. work with the Flyway Councils to proposals and modifications to Optimal AHM strategies for the 2012– collaboratively develop the evaluation previously described proposals are 13 hunting season were calculated framework. using: (1) Harvest-management discussed below. Wherever possible, iii. Black Ducks they are discussed under headings objectives specific to each mallard corresponding to the numbered items in stock; (2) the 2012 regulatory Council Recommendations: The the April 17 and May 17, 2012, Federal alternatives; and (3) current population Atlantic and Mississippi Flyway Register documents. models and associated weights for Councils recommended that the Service midcontinent, western, and eastern adopt the International Black Duck 1. Ducks mallards. Based on this year’s survey AHM Strategy for implementation in Categories used to discuss issues results of 10.96 million midcontinent 2013. related to duck harvest management are: mallards (traditional survey area minus Service Response: In 2008, U.S. and (A) Harvest Strategy Considerations, (B) Alaska plus Minnesota, Wisconsin, and Canadian waterfowl managers Regulatory Alternatives, (C) Zones and Michigan), 3.89 million ponds in Prairie developed an interim harvest strategy to Split Seasons, and (D) Special Seasons/ Canada, 983,842 western mallards be employed by both countries until a Species Management. The categories (478,259 and 505,583 respectively in formal strategy based on the principles correspond to previously published California-Oregon and Alaska) and of AHM is completed. We detailed this issues/discussion, and only those 837,642 eastern mallards (strata 51–54, interim strategy in the July 24, 2008, containing substantial recommendations 56 and the northeastern United States), Federal Register (73 FR 43290). The are discussed below. the prescribed regulatory choice for all interim harvest strategy is prescriptive, four Flyways is the ‘‘liberal’’ alternative. in that it calls for no substantive A. Harvest Strategy Considerations Therefore, we concur with the changes in hunting regulations unless Council Recommendations: The recommendations of the Atlantic, the black duck breeding population, Atlantic, Central, and Pacific Flyway Mississippi, Central, and Pacific Flyway averaged over the most recent 3 years,

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exceeds or falls below the long-term years. A copy of the strategy is available v. Pintails average breeding population by 15 at the address indicated under FOR percent or more. The strategy is FURTHER INFORMATION CONTACT, or on Council Recommendations: The designed to share the black duck harvest http://www.regulations.gov, or from our Atlantic, Mississippi, Central, and equally between the two countries; Web site at http://www.fws.gov/ Pacific Flyway Councils recommended however, recognizing incomplete migratorybirds/ a full season for pintails, consisting of control of harvest through regulations, it NewReportsPublications/SpecialTopics/ a 2-bird daily bag limit and a 60-day will allow realized harvest in either SpecialTopics.html#BlackDucks. season in the Atlantic and Mississippi country to vary between 40 and 60 Flyways, a 74-day season in the Central percent. iv. Canvasbacks Flyway, and a 107-day season in the Each year in November, Canada Pacific Flyway. Council Recommendations: The publishes its proposed migratory bird Service Response: The current derived hunting regulations for the upcoming Atlantic, Mississippi, Central, and Pacific Flyway Councils recommended pintail harvest strategy was adopted by hunting season. Thus, last fall the the Service and Flyway Councils in Canadian Wildlife Service (CWS) used a full season for canvasbacks with a 1- bird daily bag limit. Season lengths 2010 (75 FR 44856; July 29, 2010). For the interim strategy to establish its this year, optimal regulatory strategies would be 60 days in the Atlantic and proposed black duck regulations for the were calculated with: (1) An objective of Mississippi Flyways, 74 days in the 2012–13 season, based on the most maximizing long-term cumulative Central Flyway, and 107 days in the current data available at that time: harvest, including a closed-season Pacific Flyway. breeding population estimates for 2009, constraint of 1.75 million birds; (2) the 2010, and 2011, and an assessment of Service Response: Since 1994, we regulatory alternatives and associated parity based on harvest estimates for the have followed a canvasback harvest predicted harvest; and (3) current 2006–10 hunting seasons. Although strategy that if canvasback population population models and their relative updates of both breeding population status and production are sufficient to weights. Based on this year’s survey estimates and harvest estimates are now permit a harvest of one canvasback per results of 3.47 million pintails observed, available, the United States will base its day nationwide for the entire length of a mean latitude of 54.0, and a latitude 2012–13 black duck regulations on the the regular duck season, while still same data CWS used, to ensure adjusted breeding population (BPOP) of attaining a projected spring population comparable application of the strategy. 4.14 million birds, the optimal objective of 500,000 birds, the season on The long-term (1998–2007) breeding regulatory choice for all four Flyways is canvasbacks should be opened. A population mean estimate is 932,146, the ‘‘liberal’’ alternative with a 2-bird and the 2009–11, 3-year running mean partial season would be permitted if the daily bag limit. estimated allowable harvest was within estimate is 851,667, only 9 percent less vi. Scaup than the 1998–2007 average. From the projected harvest for a shortened 2006–10, 44 percent of the black duck season. If neither of these conditions Council Recommendations: The harvest occurred in Canada and 56 can be met, the harvest strategy calls for Atlantic, Mississippi, Central, and percent in the United States; this falls a closed season on canvasbacks Pacific Flyway Councils recommended within the accepted parity bounds of 40 nationwide. In 2008 (73 FR 43290; July use of the ‘‘liberal’’ regulation package, and 60 percent. Based on these 24, 2008), we announced our decision to consisting of a 60-day season with a 4- estimates, no restriction or liberalization modify the canvasback harvest strategy bird daily bag in the Atlantic and of black duck harvest is warranted this to incorporate the option for a 2-bird Mississippi Flyways, a 74-day season year. daily bag limit for canvasbacks when with a 6-bird daily bag limit in the As for the Councils’ recommendations the predicted breeding population the Central Flyway, and an 107-day season that we adopt the International Black subsequent year exceeds 725,000 birds. with a 7-bird daily bag limit in the Duck AHM Strategy for implementation This year’s spring survey resulted in Pacific Flyway. in 2013, we concur. The formal strategy an estimate of 760,000 canvasbacks. Service Response: In 2008, we is the result of 14 years of technical and This was 10 percent above the 2011 adopted and implemented a new scaup policy decisions developed and agreed estimate of 692,000 canvasbacks and 33 harvest strategy (73 FR 43290 on July upon by both Canadian and U. S. percent above the 1955–2011 average. 24, 2008, and 73 FR 51124 on August agencies and waterfowl managers. The The estimate of ponds in Prairie Canada 29, 2008) with initial ‘‘restrictive,’’ strategy will clarify what harvest levels was 3.89 million, which was 21 percent ‘‘moderate,’’ and ‘‘liberal’’ regulatory each country will manage for and will below last year and 13 percent above the packages adopted for each Flyway. reduce conflicts over country-specific Further opportunity to revise these regulatory policies. Further, the strategy long-term average. Based on updated packages was afforded prior to the will allow for attainment of harvest predictions using data from 2009–10 season and modifications by fundamental objectives of black duck recent hunting seasons, the canvasback management: resource conservation, harvest strategy predicts a 2013 the Mississippi and Central Flyway perpetuation of hunting tradition, and canvasback population of 771,033 birds Councils were endorsed by the Service equitable access to the black duck under a liberal duck season with a 1- in July 2009 (74 FR 36870; July 24, resource between Canada and the bird daily bag limit and 711,428 with a 2009). United States while accommodating the 2-bird daily bag limit. Because the The 2012 breeding population fundamental sources of uncertainty, predicted 2013 population under the 1- estimate for scaup is 5.24 million, up 21 partial controllability and observability, bird daily bag limit is greater than percent from the 2011 estimate of 4.32 structural uncertainty, and 500,000, while the prediction under the million. Total estimated scaup harvest environmental variation. The 2-bird daily bag limit is less than for the 2011–12 season was 287,000 underlying model performance will be 725,000, the canvasback harvest strategy birds. Based on updated model assessed annually, with a stipulates a full canvasback season with parameter estimates, the optimal comprehensive evaluation of the entire a 1-bird daily bag limit for the upcoming regulatory choice for scaup is the strategy (objectives and model set) in 6 season. ‘‘liberal’’ package in all four Flyways.

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xii. Other South Carolina, and West Virginia of zone. The Council’s proposed change is Council Recommendations: The October 1 and March 10, respectively, consistent with the SJBP Canada Goose Central and Mississippi Flyway with up to three season segments; and Management Plan and consistent with Councils recommended that the daily 6. Modifications to the criteria for the current Mississippi Flyway and possession bag limits for redheads delineation and subsequent monitoring Council’s proposal to modify Canada during the 2012–13 duck hunting of Atlantic Flyway Resident Population goose frameworks (including former (AFRP) Canada goose hunting zones for season be 3 and 6, respectively. SJBP harvest zones). We also agree with Service Response: While we recognize the 2012–15 hunting seasons. the Council’s recommendations The Mississippi Flyway Council the desire to provide additional hunting concerning changes to AP goose developed new framework regulations opportunity for redheads, at this time frameworks. The Council notes that the to replace most of the State-specific we do not support the Councils’ 3-year mean (2010–12) AP breeding pair regulations used in the past. These new recommendations to increase the daily index of 190,500 is well above the framework regulations were developed bag limit of redheads from 2 to 3 birds. threshold for ‘‘moderate’’ regulations as part of the Flyway’s efforts to move As we indicated last year (76 FR 58682; (i.e., 150,000 pairs), which are intended toward a more holistic and uniform September 21, 2011), we believe that as not to exceed a mean harvest rate of 10 approach to Canada goose harvest we have done with other species (such percent on adult AP geese. Since 2005, management across the Flyway and are the estimated adult harvest rate for AP as canvasbacks, pintails, etc.), changes consistent with the Flyway’s harvest to redhead daily bag limits should only geese in the Atlantic Flyway (including strategies for Mississippi Valley Canada) with 45-day seasons in the be considered with guidance from an Population (MVP), SJBP, Eastern Prairie agreed-upon harvest strategy that is United States. has ranged from 5 to 9 Population (EPP), and Giant Canada percent and averaged 6.7 percent. supported by all four Flyway Councils geese. The resulting recommendations and the Service. Thus, the Flyways Although 5 additional days of hunting are the result of a Flyway-conducted provides a modest increase in harvest should work collaboratively to develop comprehensive review of Canada goose a redhead harvest strategy, which would opportunity under ‘‘moderate’’ population status during February 2012. regulations, the Council predicts that include: (1) Clearly defined and agreed- In general, the recommended new upon management objectives; (2) clearly the 5-day increase should result in a frameworks allow States to select mean adult harvest rate of less than 8 defined regulatory alternatives; and (3) Canada goose seasons of up to 92 days, a model that can be used to predict percent, still below the AP harvest with a 2-bird daily bag limit, or a 78-day strategy allowance of a mean 10 percent population responses to harvest season with a 3-bird daily bag limit mortality. We note that if the Flyway adult harvest rate. Further, the proposed between the Saturday nearest September change is consistent with the Council’s Councils wish to implement a redhead 24 and January 31 with some harvest strategy for the 2013–14 season, newly revised AP goose harvest strategy. exceptions. More specifically, Alabama, Regarding the earlier framework a draft strategy must be available for Illinois, Kentucky, Louisiana, review and discussion by the February opening dates for AP geese in New Mississippi, and Ohio propose to adopt England, AP goose harvest in these areas 2013 SRC meeting, finalized by the the new Flyway-wide frameworks for Flyways Councils at their March 2013 only account for a very small percentage Canada geese this year. Michigan, of the total AP goose harvest rate. The meetings, and forwarded as a Minnesota, and Wisconsin have recommendation for SRC consideration Council notes that the recommended proposed exceptions to the generalized later closing date of February 5 may at the early season SRC meeting (June Flyway-wide framework, and these 2013). allow some major AP harvest States to exceptions represent minor changes time hunting season closing dates, later 4. Canada Geese from last year. Arkansas, Iowa, when migrant harvest is likely to be Missouri, and Tennessee are considered B. Regular Seasons buffered by overabundant AFRP Canada exceptions to the proposed generalized geese that have been pushed out of Council Recommendations: The Flyway-wide framework, but do not Canada and northern States by extensive Atlantic Flyway Council recommended represent a change from last year. ice and snow cover. several changes to Canada goose season The Central Flyway Council frameworks. More specifically, they recommended increasing the Canada We also support the Atlantic Flyway recommended: goose daily bag limit from 3 to 5 geese Council’s proposed framework date 1. A 78-day season in Pennsylvania’s in the east-tier States. changes in Florida, Georgia, South Southern James Bay Population (SJBP) The Pacific Flyway Council Carolina, and West Virginia. Current Canada goose zone between the first recommended several changes to dark Canada goose frameworks for these Saturday in October and February 15, goose season frameworks. More States do not provide opportunity for with a daily bag limit of 3 geese, and specifically, they recommended: goose harvest or goose control activities two season segments; 1. Allowing the season to be split into during the month of October (the 2. Increasing the season length in all 3 segments in Washington’s Area 4 and opening framework date in West Atlantic Population (AP) Canada goose Oregon’s Northwest Zone; Virginia is currently October 1). In most harvest zones from 45 days to 50 days; 2. Extending the framework closing southern States, agricultural operations 3. An earlier framework opening date date to March 10 for dark geese in (including planting) still occurs in of October 10 (from October 20) in the Oregon’s Northwest General Zone for October, and providing October hunting Lake Champlain Zone and other AP Oregon; and opportunities could help reduce harvest zones in New England 3. Increasing the daily bag limit for resident Canada goose impacts. The (Massachusetts and Connecticut); dark geese to 6 per day in Oregon’s proposed framework closing date of 4. A later framework closing date of South Coast Zone after the last Sunday March 10 is the same for other regular February 5 (from January 31) in all AP in January. resident Canada goose seasons in harvest areas; Service Response: We agree with the Atlantic Flyway States and would aid in 5. Framework opening and closing Atlantic Flyway Council’s simplifying Flyway harvest regulations. dates for the regular Canada goose recommendation concerning changes to Lastly, we support modification of the hunting seasons in Florida, Georgia, the frameworks for Pennsylvania’s SJBP AFRP delineation criteria. The Council’s

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proposed modification is based on populations that would also be the zones may occur, which could evaluations of AFRP seasons since 2002 subjected to additional harvest pressure, decrease the concentration of and as band return data continue to in particular the Tall Grass Prairie (TGP) depredation concerns in some areas in accumulate, adjustments to existing population. We recognize the northwest Oregon. Increased bag limits AFRP zones and establishment of new continuing problems posed by in Oregon’s South Coast Zone are zones will utilize these data to better increasing numbers of resident Canada targeted at Aleutian Canada geese, address any migrant harvest concerns. geese and that migrant populations of which are currently estimated at We support the Mississippi Flyway Canada geese in the Central Flyway are 134,708, more than twice their Council recommendations to move from above objective levels. We also population objective. State-specific frameworks to Flyway- understand the Flyway’s desire to C. Special Late Seasons wide Canada goose frameworks in the provide as much hunting opportunity Flyway. In the past, the Mississippi on these geese as possible, and we share Council Recommendations: The Flyway has utilized State-specific the philosophy that hunting, not control Mississippi Flyway Council frameworks to promulgate Canada goose permits, should be the primary tool recommended changing Indiana’s hunting regulations. The proposed used to manage populations of game experimental late Canada goose season Flyway-wide general framework is birds. Thus, last year, we provided status to operational. intended to allow the maximum guidance on the progress that the Service Response: At this time, we do allowable number of Canada goose Central and Mississippi Flyways needed not agree with the Council’s hunting days for any Mississippi to accomplish for us to consider recommendation to change the status of Flyway State utilizing standard 15-day allowing the proposed increase from 3 Indiana’s late Canada goose season from or longer early Canada goose seasons. In to 5 Canada geese during the regular experimental to operational. In 2007, addition, several exceptions to the basic goose seasons in Central Flyway East- Indiana initiated an experimental late 92-day framework are recognized and Tier States. Specifically, we stated that Canada goose season in 30 counties to serve to accommodate special State- and progress needed to be made regarding address increasing resident Canada population-specific management needs. revising the TGP management plan for goose populations. An evaluation report For example, States and Provinces that this shared goose resource; at a was submitted to the Flyway and share harvest of the EPP Canada goose minimum agreement between the two Service in 2010. Although Statewide population recently revised regular Flyways on management objectives harvest of migrant Canada geese was season frameworks consistent with their must be reached. Based on the within the allowed 20 percent criteria, management plan, and the Council’s discussions at the recent July 25–26, take of migrant geese in the six-county recommendation is intended to 2012, SRC meetings, it is apparent that Terre Haute region exceeded the criteria accommodate these regulations without this dialogue just began, and progress on for September Canada goose seasons. imposing changes. developing agreed-upon objectives and Consequently, 24 counties were granted Management of Canada geese in the the plan revision is limited. Therefore, operational status while the six-county Mississippi Flyway is complicated by at this time, we do not support the Terre Haute region was allowed to the need to balance potentially Central Flyway’s request to increase the continue in an experimental status to conflicting objectives for arctic, bag limit. For our support of this effort allow for additional data collection. In subarctic, and temperate (resident) in the future, the two Flyways must 2010, we requested that Indiana collect breeding populations. Increased agree on objectives of the plan, additional information on the abundance of temperate-breeding including the desired size of the TGP proportion of migrant Canada geese Canada geese has caused conflicts with population. We further note that the taken in the six-county Terre Haute people and human activities, and TGP management plan must be updated region during the experimental late regulations have been gradually Canada goose season. Indiana has liberalized to increase harvest of such in the near future to deal with contemporary Canada goose issues. As recently provided a report on that birds to reduce those conflicts. Long- assessment, and we are reviewing those established management plans have the management plan is revised, we expect that other issues identified in the results in concert with our review of the been adopted for arctic and subarctic appropriateness of the existing criteria populations of Canada geese in the last two years will be addressed, including how plan actions might that govern late Canada goose seasons. Mississippi Flyway to ensure that such Therefore, we propose that the populations remain within management interact with measures to reduce conflicts with resident Canada geese experimental late season remain goals. We believe that any increased experimental for an additional year harvest resulting from the proposed and progress on monitoring migrant Canada goose populations in east-tier without any further data collection Flyway-wide frameworks (as well as requirements. exceptions to those frameworks) are States. compatible with those population We support all of the Pacific Flyway 7. Snow and Ross’s (Light) Geese management plans and the need to goose recommendations. The Council Recommendations: The address increasing populations of recommendations for 3-way split Central Flyway Council recommended temperate nesting Canada geese. seasons in Washington and Oregon, and allowing an unlimited daily bag limit We do not support the Central Flyway the recommendation to extend the for light geese. Council’s recommendation to increase framework date to March 10 in Oregon’s The Pacific Flyway Council the dark goose daily bag limit in the Northwest Zone, are to simplify recommended that the Idaho east-tier States from 3 to 5 geese. As we regulations and allow consistent Department of Fish and Game (IDFG) stated last year (76 FR 58682; September regulations throughout the areas. continue trumpeter swan monitoring 21, 2011) and in 2010 (75 FR 58250; Additionally, the Council notes that efforts once every 3 years during the late September 23, 2010), while we agree extending the framework dates may winter light goose season around that the Flyway’s proposed bag limit alleviate some depredation concerns American Falls Reservoir. increase would likely result in an between areas and in agricultural areas Service Response: We are increased harvest of resident Canada close to the zones’ boundaries. investigating the legality of geese, there are other Canada goose Decreased movement of geese between promulgating a hunting season without

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a daily bag limit. However, even if it is limits are assigned, beginning in the comments sent by email or fax. We will legal, we are not prepared to support 2013–14 season. not consider hand-delivered comments such a regulation at this time. We do not Service Response: In the September that we do not receive, or mailed believe that recreational hunting will 23, 2010, Federal Register (75 FR comments that are not postmarked, by solve the problems associated with 58250), we stated that we were generally the date specified in the DATES section. overabundant light geese, and do not supportive of the Flyways’ interest in We will post all comments in their want to provide the impression that increasing the possession limits for entirety—including your personal further liberalizations of hunting migratory game birds and appreciated identifying information—on http:// regulations will solve these problems. the discussions to frame this important www.regulations.gov. Before including Therefore, we do not support the issue. At that time, we also stated that your address, phone number, email Central Flyway Council’s request to we believed there were many address, or other personal identifying have a light goose season with no daily unanswered questions regarding how information in your comment, you bag limit. Rather, we believe that this interest can be fully articulated in should be aware that your entire technical and policy discussions should a proposal that satisfies the harvest comment—including your personal be held within appropriate forums to management community, while identifying information—may be made develop potential management options, fostering the support of the law publicly available at any time. While and then make the decisions on the next enforcement community and informing you can ask us in your comment to steps to address issues identified in the the general hunting public. Thus, we withhold your personal identifying recent Arctic Goose Joint Venture proposed the creation of a cross-agency information from public review, we report. We believe there are existing Working Group, chaired by the Service, cannot guarantee that we will be able to bodies available to have these and comprised of staff from the do so. discussions. Service’s Migratory Bird Program, State Comments and materials we receive, Regarding the Pacific Flyway Wildlife Agency representatives, and as well as supporting documentation we Council’s recommendation to monitor Federal and State law enforcement staff, used in preparing this proposed rule, trumpeter swans during the late winter to begin to frame a recommendation that will be available for public inspection light goose season around American fully articulates a potential change in on http://www.regulations.gov, or by Falls reservoir in Idaho, we support the possession limits. This effort would appointment, during normal business continuation of monitoring efforts on a include a description of the current hours, at the U.S. Fish and Wildlife reduced basis. Since the inception of the status and use of possession limits, Service, Division of Migratory Bird late winter light goose hunt in 2010, which populations and/or species/ Management, Room 4107, 4501 North Idaho has conducted annual ground species groups should not be included Fairfax Drive, Arlington, VA 22203. For surveys to evaluate the effects of light in any proposed modification of each series of proposed rulemakings, we goose hunting on trumpeter swans. To possession limits, potential law will establish specific comment periods. date, no obvious negative trends in enforcement issues, and a reasonable We will consider, but possibly may not trumpeter swan use, distribution, or timeline for the implementation of any respond in detail to, each comment. As abundance have been documented. such proposed changes. The in the past, we will summarize all Further, Idaho has committed to recommendations from the three comments we receive during the continue monitoring and assessment Councils are one such out-growth of the comment period and respond to them efforts in the context of swan use of the efforts started in 2010 and we look after the closing date in the preambles American Falls Reservoir/Fort Hall forward to additional input from the of any final rules. Bottoms and the surrounding area. We Mississippi Flyway Council. We plan to note that this program was designed to fully discuss these recommendations Required Determinations identify annual changes in swan with the Working Group and present Based on our most current data, we distribution and swan field-feeding preliminary recommendations at the are affirming our required during the late winter light goose hunt February 2013 SRC meeting for further determinations made in the April 17 in order to help assess if changes in that discussion. We would present any proposed rule; for descriptions of our hunt were warranted. Thus, given no resulting proposal next spring, with actions to ensure compliance with the compelling concerns or issues proposed implementation during the following statutes and Executive Orders, associated with trumpeter swans 2013–14 hunting seasons. see our April 17, 2012, proposed rule wintering in eastern Idaho, and no Public Comments (77 FR 23094): negative impacts associated with the • National Environmental Policy Act current late winter light goose hunt, we The Department of the Interior’s policy is, whenever possible, to afford (NEPA) Consideration; see no reason to repeat monitoring • efforts annually, but rather propose the public an opportunity to participate Endangered Species Act in the rulemaking process. Accordingly, Consideration; conducting the program every 3 years • we invite interested persons to submit Regulatory Flexibility Act; (i.e., 2015, 2018, etc.). • written comments, suggestions, or Small Business Regulatory 23. Other recommendations regarding the Enforcement Fairness Act; • Council Recommendations: The proposed regulations. Before Paperwork Reduction Act; Atlantic, Central, and Pacific Flyway promulgating final migratory game bird • Unfunded Mandates Reform Act; Councils recommended that the Service hunting regulations, we will consider all • Executive Orders 12630, 12866, increase the possession limit from 2 comments we receive. These comments, 12988, 13132, 13175, and 13211. times to 3 times the daily bag limit for and any additional information we List of Subjects in 50 CFR Part 20 all migratory game bird species and receive, may lead to final regulations seasons except those that currently have that differ from these proposals. Exports, Hunting, Imports, Reporting possession limits of less than 2 times You may submit your comments and and recordkeeping requirements, the daily bag limit, permit hunts for materials concerning this proposed rule Transportation, Wildlife. cranes and swans, or for overabundant by one of the methods listed in the The rules that eventually will be species for which no current possession ADDRESSES section. We will not accept promulgated for the 2012–13 hunting

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season are authorized under 16 U.S.C. Flyways and Management Units migratory waterfowl (including 703–712 and 16 U.S.C. 742 a–j. mergansers and coots). Waterfowl Flyways Dated: August 9, 2012. Atlantic Flyway—includes Special Youth Waterfowl Hunting Days Michael J. Bean, Connecticut, Delaware, Florida, Georgia, Outside Dates: States may select 2 Acting Assistant Secretary for Fish and Maine, Maryland, Massachusetts, New days per duck-hunting zone, designated Wildlife and Parks. Hampshire, New Jersey, New York, as ‘‘Youth Waterfowl Hunting Days,’’ in Proposed Regulations Frameworks for North Carolina, Pennsylvania, Rhode addition to their regular duck seasons. 2012–13 Late Hunting Seasons on Island, South Carolina, Vermont, The days must be held outside any Certain Migratory Game Birds Virginia, and West Virginia. regular duck season on a weekend, Mississippi Flyway—includes holidays, or other non-school days Pursuant to the Migratory Bird Treaty Alabama, Arkansas, Illinois, Indiana, when youth hunters would have the Act and delegated authorities, the Iowa, Kentucky, Louisiana, Michigan, maximum opportunity to participate. Department of the Interior approved the Minnesota, Mississippi, Missouri, Ohio, The days may be held up to 14 days following proposals for season lengths, Tennessee, and Wisconsin. before or after any regular duck-season shooting hours, bag and possession Central Flyway—includes Colorado frameworks or within any split of a limits, and outside dates within which (east of the Continental Divide), Kansas, regular duck season, or within any other States may select seasons for hunting Montana (Counties of Blaine, Carbon, open season on migratory birds. waterfowl and coots between the dates Fergus, Judith Basin, Stillwater, Daily Bag Limits: The daily bag limits of September 1, 2012, and March 10, Sweetgrass, Wheatland, and all counties may include ducks, geese, tundra 2013. These frameworks are east thereof), Nebraska, New Mexico swans, mergansers, coots, moorhens, summarized below. (east of the Continental Divide except and gallinules and would be the same General the Jicarilla Apache Indian Reservation), as those allowed in the regular season. North Dakota, Oklahoma, South Dakota, Flyway species and area restrictions Dates: All outside dates noted below Texas, and Wyoming (east of the would remain in effect. are inclusive. Continental Divide). Shooting Hours: One-half hour before Shooting and Hawking (taking by Pacific Flyway—includes Alaska, sunrise to sunset. falconry) Hours: Unless otherwise Arizona, California, Idaho, Nevada, Participation Restrictions: Youth specified, from one-half hour before Oregon, Utah, Washington, and those hunters must be 15 years of age or sunrise to sunset daily. portions of Colorado, Montana, New younger. In addition, an adult at least 18 Possession Limits: Unless otherwise Mexico, and Wyoming not included in years of age must accompany the youth specified, possession limits are twice the Central Flyway. hunter into the field. This adult may not the daily bag limit. Management Units duck hunt but may participate in other Permits: For some species of seasons that are open on the special migratory birds, the Service authorizes High Plains Mallard Management youth day. Tundra swans may only be the use of permits to regulate harvest or Unit—roughly defined as that portion of taken by participants possessing monitor their take by sport hunters, or the Central Flyway that lies west of the applicable tundra swan permits. 100th meridian. both. In many cases (e.g., tundra swans, Atlantic Flyway some sandhill crane populations), the Definitions Ducks, Mergansers, and Coots Service determines the amount of For the purpose of hunting harvest that may be taken during regulations listed below, the collective Outside Dates: Between the Saturday hunting seasons during its formal terms ‘‘dark’’ and ‘‘light’’ geese include nearest September 24 (September 22) regulations-setting process, and the the following species: and the last Sunday in January (January States then issue permits to hunters at Dark geese: Canada geese, white- 27). levels predicted to result in the amount fronted geese, brant (except in Hunting Seasons and Duck Limits: 60 of take authorized by the Service. Thus, California, Oregon, Washington, and the days. The daily bag limit is 6 ducks, although issued by States, the permits Atlantic Flyway), and all other goose including no more than 4 mallards (2 would not be valid unless the Service species except light geese. hens), 1 black duck, 2 pintails, 1 approved such take in its regulations. Light geese: Snow (including blue) mottled duck, 1 fulvous whistling duck, These Federally authorized, State- geese and Ross’s geese. 3 wood ducks, 2 redheads, 4 scaup, 1 issued permits are issued to individuals, Area, Zone, and Unit Descriptions: canvasback, and 4 scoters. and only the individual whose name Geographic descriptions related to late- Closures: The season on harlequin and address appears on the permit at the season regulations are contained in a ducks is closed. time of issuance is authorized to take later portion of this document. Sea Ducks: Within the special sea migratory birds at levels specified in the Area-Specific Provisions: Frameworks duck areas, during the regular duck permit, in accordance with provisions of for open seasons, season lengths, bag season in the Atlantic Flyway, States both Federal and State regulations and possession limits, and other special may choose to allow the above sea duck governing the hunting season. The provisions are listed below by Flyway. limits in addition to the limits applying permit must be carried by the permittee to other ducks during the regular duck when exercising its provisions and must Waterfowl Seasons in the Atlantic season. In all other areas, sea ducks may be presented to any law enforcement Flyway be taken only during the regular open officer upon request. The permit is not In the Atlantic Flyway States of season for ducks and are part of the transferrable or assignable to another Connecticut, Delaware, Maine, regular duck season daily bag (not to individual, and may not be sold, Maryland, Massachusetts, New Jersey, exceed 4 scoters) and possession limits. bartered, traded, or otherwise provided North Carolina, Pennsylvania, and Merganser Limits: The daily bag limit to another person. If the permit is Virginia, where Sunday hunting is of mergansers is 5, only 2 of which may altered or defaced in any way, the prohibited Statewide by State law, all be hooded mergansers. In States that permit becomes invalid. Sundays are closed to all take of include mergansers in the duck bag

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limit, the daily limit is the same as the Maine: A 60-day season may be held North Carolina duck bag limit, only two of which may Statewide between October 1 and SJBP Zone: A 70-day season may be be hooded mergansers. January 31, with a 2-bird daily bag limit. held between October 1 and December Coot Limits: The daily bag limit is 15 Maryland: 31, with a 5-bird daily bag limit. coots. RP Zone: An 80-day season may be RP Zone: An 80-day season may be Lake Champlain Zone, New York: The held between November 15 and March held between October 1 and March 10, waterfowl seasons, limits, and shooting 10, with a 5-bird daily bag limit. The with a 5-bird daily bag limit. The season hours should be the same as those season may be split into 3 segments. may be split into 3 segments. selected for the Lake Champlain Zone of AP Zone: A 50-day season may be Northeast Hunt Unit: A 7-day season Vermont. held between November 15 and may be held between the Saturday prior Connecticut River Zone, Vermont: February 5, with a 2-bird daily bag limit. The waterfowl seasons, limits, and to December 25 (December 22) and Massachusetts: January 31, with a 1-bird daily bag limit. shooting hours should be the same as NAP Zone: A 60-day season may be those selected for the Inland Zone of held between October 1 and January 31, Pennsylvania New Hampshire. with a 2-bird daily bag limit. Zoning and Split Seasons: Delaware, SJBP Zone: A 78-day season may be Additionally, a special season may be held between the first Saturday in Florida, Georgia, Maryland, North held from January 15 to February 15, Carolina, Rhode Island, South Carolina, October (October 6) and February 15, with a 5-bird daily bag limit. with a 3-bird daily bag limit. Virginia, and West Virginia may split AP Zone: A 50-day season may be their seasons into three segments; RP Zone: An 80-day season may be held between October 10 and February held between the fourth Saturday in Connecticut, Maine, Massachusetts, 5, with a 3-bird daily bag limit. New Hampshire, New Jersey, New York, October (October 27) and March 10, New Hampshire: A 60-day season may with a 5-bird daily bag limit. The season Pennsylvania, and Vermont may select be held Statewide between October 1 hunting seasons by zones and may split may be split into 3 segments. and January 31, with a 2-bird daily bag AP Zone: A 50-day season may be their seasons into two segments in each limit. zone. held between the fourth Saturday in New Jersey October (October 27) and February 5, Canada Geese with a 3-bird daily bag limit. Statewide: A 50-day season may be Season Lengths, Outside Dates, and Rhode Island: A 60-day season may held between the fourth Saturday in Limits: Specific regulations for Canada be held between October 1 and January October (October 27) and February 5, geese are shown below by State. These 31, with a 2-bird daily bag limit. A with a 3-bird daily bag limit. seasons also include white-fronted special late season may be held in geese. Unless specified otherwise, Special Late Goose Season Area: A designated areas from January 15 to seasons may be split into two segments. special season may be held in February 15, with a 5-bird daily bag In areas within States where the designated areas of North and South limit. framework closing date for Atlantic New Jersey from January 15 to February South Carolina: In designated areas, Population (AP) goose seasons overlaps 15, with a 5-bird daily bag limit. an 80-day season may be held between with special late-season frameworks for New York October 1 and March 10, with a 5-bird resident geese, the framework closing daily bag limit. The season may be split NAP Zone: Between October 1 and date for AP goose seasons is January 14. into 3 segments. January 31, a 60-day season may be Connecticut: Vermont North Atlantic Population (NAP) held, with a 2-bird daily bag limit in the Zone: Between October 1 and January High Harvest areas; and between Lake Champlain Zone and Interior 31, a 60-day season may be held with October 1 and February 15, a 70-day Zone: A 50-day season may be held a 2-bird daily bag limit. season may be held, with a 3-bird daily between October 10 and February 5 Atlantic Population (AP) Zone: A 50- bag limit in the Low Harvest areas. with a 3-bird daily bag limit. day season may be held between Special Late Goose Season Area: A Connecticut River Zone: A 60-day October 10 and February 5, with a 3- special season may be held between season may be held between October 1 bird daily bag limit. January 15 and February 15, with a 5- and January 31, with a 2-bird daily bag South Zone: A special season may be bird daily bag limit in designated areas limit. of Suffolk County. held between January 15 and February Virginia 15, with a 5-bird daily bag limit. AP Zone: A 50-day season may be Resident Population (RP) Zone: An held between the fourth Saturday in SJBP Zone: A 40-day season may be 80-day season may be held between October (October 27), except in the Lake held between November 15 and January October 1 and February 15, with a 5- Champlain Area where the opening date 14, with a 3-bird daily bag limit. bird daily bag limit. The season may be is October 10, and February 5, with a 3- Additionally, a special late season may split into 3 segments. bird daily bag limit. be held between January 15 and Delaware: A 50-day season may be Western Long Island RP Zone: A 107- February 15, with a 5-bird daily bag held between November 15 and day season may be held between the limit. February 5, with a 2-bird daily bag limit. Saturday nearest September 24 AP Zone: A 50-day season may be Florida: An 80-day season may be (September 22) and March 10, with an held between November 15 and held between October 1 and March 10, 8-bird daily bag limit. The season may February 5, with a 2-bird daily bag limit. with a 5-bird daily bag limit. The season be split into 3 segments. RP Zone: An 80-day season may be may be split into 3 segments. Rest of State RP Zone: An 80-day held between November 15 and March Georgia: In specific areas, an 80-day season may be held between the fourth 10, with a 5-bird daily bag limit. The season may be held between October 1 Saturday in October (October 22) and season may be split into 3 segments. and March 10, with a 5-bird daily bag March 10, with a 5-bird daily bag limit. West Virginia: An 80-day season may limit. The season may be split into 3 The season may be split into 3 be held between October 1 and March segments. segments. 10, with a 5-bird daily bag limit. The

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season may be split into 3 segments in (September 22) and the Sunday nearest Central Flyway each zone. February 15 (February 17); and for brant Ducks, Mergansers, and Coots not to exceed 70 days, with 2 brant daily Light Geese or 107 days with 1 brant daily between Outside Dates: Between the Saturday Season Lengths, Outside Dates, and the Saturday nearest September 24 nearest September 24 (September 22) Limits: States may select a 107-day (September 22) and January 31. There is and the last Sunday in January (January season between October 1 and March no possession limit for light geese. 27). 10, with a 25-bird daily bag limit and no States may select seasons for Canada Hunting Seasons: possession limit. States may split their geese not to exceed 92 days with 2 geese (1) High Plains Mallard Management seasons into three segments. daily or 78 days with 3 geese daily Unit (roughly defined as that portion of the Central Flyway which lies west of Brant between the Saturday nearest September 24 (September 22) and January 31 with the 100th meridian): 97 days. The last Season Lengths, Outside Dates, and the following exceptions listed by State: 23 days must run consecutively and Limits: States may select a 50-day Arkansas: The season may extend to may start no earlier than the Saturday season between the Saturday nearest February 15. nearest December 10 (December 8). September 24 (September 22) and (2) Remainder of the Central Flyway: January 31, with a 2-bird daily bag limit. Indiana 74 days. States may split their seasons into two Late Canada Goose Season Areas: Bag Limits: The daily bag limit is 6 segments. (a) A special Canada goose season of ducks, with species and sex restrictions as follows: 5 mallards (no more than 2 Mississippi Flyway up to 15 days may be held during February 1–15 in the Late Canada Goose of which may be females), 2 redheads, Ducks, Mergansers, and Coots Season Zone. During this special season, 3 wood ducks, 2 pintails, and 1 Outside Dates: Between the Saturday the daily bag limit cannot exceed 5 canvasback. In Texas, the daily bag limit nearest September 24 (September 22) Canada geese. on mottled ducks is 1, except that no mottled ducks may be taken during the and the last Sunday in January (January (b) An experimental special Canada first 5 days of the season. 27). goose season of up to 15 days may be Merganser Limits: The daily bag limit Hunting Seasons and Duck Limits: held during February 1–15 in the is 5 mergansers, only 2 of which may be The season may not exceed 60 days, Experimental Late Canada Goose Zone. hooded mergansers. In States that with a daily bag limit of 6 ducks, During this special season, the daily bag include mergansers in the duck daily including no more than 4 mallards (no limit cannot exceed 5 Canada geese. bag limit, the daily limit may be the more than 2 of which may be females), Iowa: The season for Canada geese 1 mottled duck, 1 black duck, 2 pintails, same as the duck bag limit, only two of may extend for 107 days. The daily bag which may be hooded mergansers. 3 wood ducks, 1 canvasback, 4 scaup, limit is 3 Canada geese. and 2 redheads. Coot Limits: The daily bag limit is 15 Merganser Limits: The daily bag limit Michigan coots. is 5, only 2 of which may be hooded Zoning and Split Seasons: Colorado, The framework opening date for all Kansas (Low Plains portion), Montana, mergansers. In States that include geese is September 16. mergansers in the duck bag limit, the Nebraska, New Mexico, Oklahoma (Low Southern Michigan Late Canada Plains portion), South Dakota (Low daily limit is the same as the duck bag Goose Season Zone: A 30-day special limit, only 2 of which may be hooded Plains portion), Texas (Low Plains Canada goose season may be held portion), and Wyoming may select mergansers. between December 31 and February 15. Coot Limits: The daily bag limit is 15 hunting seasons by zones. The daily bag limit is 5 Canada geese. In Colorado, Kansas, Montana, New coots. Minnesota: The season for Canada Zoning and Split Seasons: Alabama, Mexico, North Dakota, Oklahoma, South geese may extend for 107 days. The Illinois, Indiana, Iowa, Kentucky, Dakota, Texas, and Wyoming, the daily bag limit is 3 Canada geese. Louisiana, Michigan, Minnesota, regular season may be split into two Missouri: The season for Canada geese Missouri, Ohio, Tennessee, and segments. may extend for 85 days. The daily bag Wisconsin may select hunting seasons limit is 3 Canada geese. Geese by zones. In Alabama, Indiana, Iowa, Kentucky, Tennessee: Northwest Zone—The Split Seasons: Seasons for geese may Louisiana, Michigan, Minnesota, season for Canada geese may extend to be split into three segments. Three-way Missouri, Ohio, Tennessee, and February 15. split seasons for Canada geese require Central Flyway Council and U.S. Fish Wisconsin, the season may be split into Wisconsin two segments in each zone. and Wildlife Service approval, and a 3- In Arkansas and Mississippi, the (a) Horicon Zone—The framework year evaluation by each participating season may be split into three segments. opening date for all geese is September State. 16. The season may not exceed 92 days. Outside Dates: For dark geese, seasons Geese All Canada geese harvested must be may be selected between the outside Split Seasons: Seasons for geese may tagged. The season limit will be 6 dates of the Saturday nearest September be split into three segments. Canada geese per permittee. 24 (September 22) and the Sunday Season Lengths, Outside Dates, and (b) Exterior Zone—The framework nearest February 15 (February 17). For Limits: States may select seasons for opening date for all geese is September light geese, outside dates for seasons light geese not to exceed 107 days, with 16. The season may not exceed 92 days. may be selected between the Saturday 20 geese daily between the Saturday The daily bag limit is 2 Canada geese. nearest September 24 (September 22) nearest September 24 (September 22) Additional Limits: In addition to the and March 10. In the Rainwater Basin and March 10; for white-fronted geese harvest limits stated for the respective Light Goose Area (East and West) of not to exceed 74 days with 2 geese daily zones above, an additional 4,500 Canada Nebraska, temporal and spatial or 88 days with 1 goose daily between geese may be taken in the Horicon Zone restrictions that are consistent with the the Saturday nearest September 24 under special agricultural permits. late-winter snow goose hunting strategy

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cooperatively developed by the Central as seasons and limits selected in the dark geese per day. In the Sacramento Flyway Council and the Service are adjacent portion of Arizona (South Valley Special Management Area, the required. Zone). season on white-fronted geese must end Season Lengths and Limits: on or before December 28, and the daily Geese Light Geese: States may select a light bag limit should contain no more than goose season not to exceed 107 days. Season Lengths, Outside Dates, and 2 white-fronted geese. In the North The daily bag limit for light geese is 20 Limits: Coast Special Management Area, a 107- with no possession limit. California, Oregon, and Washington: day season may be selected, with Dark Geese: In Kansas, Nebraska, Dark geese: Except as subsequently outside dates between the Saturday North Dakota, Oklahoma, South Dakota, noted, 100-day seasons may be selected, nearest October 1 (September 29) and and the Eastern Goose Zone of Texas, with outside dates between the Saturday March 10. Hunting days that occur after States may select a season for Canada nearest October 1 (September 29), and the last Sunday in January should be geese (or any other dark goose species the last Sunday in January (January 27). concurrent with Oregon’s South Coast except white-fronted geese) not to The basic daily bag limit is 4 dark geese, Zone. exceed 107 days with a daily bag limit except the dark goose bag limit does not of 3. Additionally, in the Eastern Goose include brant. Idaho Zone of Texas, an alternative season of Light geese: Except as subsequently Zone 3: Hunting days that occur after 107 days with a daily bag limit of 1 noted, 107-day seasons may be selected, the last Sunday in January should be Canada goose may be selected. For with outside dates between the Saturday concurrent with Oregon’s Malheur white-fronted geese, these States may nearest October 1 (September 29) and County Zone. Idaho will continue to select either a season of 74 days with a March 10. The daily bag limit is 6 light monitor the snow goose hunt that bag limit of 2 or an 88-day season with geese. occurs after the last Sunday in January a bag limit of 1. Arizona, Colorado, Idaho, Montana, in the American Falls Reservoir/Fort In Colorado, Montana, New Mexico Nevada, New Mexico, Utah, and Hall Bottoms and surrounding areas at and Wyoming, States may select seasons Wyoming: 3-year intervals. not to exceed 107 days. The daily bag Dark geese: Except as subsequently Nevada: The daily bag limit for dark limit for dark geese is 5 in the aggregate. noted, 107-day seasons may be selected, geese is 3. In the Western Goose Zone of Texas, with outside dates between the Saturday New Mexico: The daily bag limit for the season may not exceed 95 days. The nearest September 24 (September 22) dark geese is 3. and the last Sunday in January (January daily bag limit for Canada geese (or any Oregon other dark goose species except white- 27). The basic daily bag limit is 4 dark fronted geese) is 5. The daily bag limit geese. Harney and Lake County Zone: For for white-fronted geese is 1. Light geese: Except as subsequently Lake County only, the daily dark goose noted, 107-day seasons may be selected, bag limit may not include more than 1 Pacific Flyway with outside dates between the Saturday white-fronted goose. Klamath County Zone: A 107-day Ducks, Mergansers, Coots, Common nearest September 24 (September 22), season may be selected, with outside Moorhens, and Purple Gallinules and March 10. The basic daily bag limit is 10 light geese. dates between the Saturday nearest Hunting Seasons and Duck Limits: Split Seasons: Unless otherwise October 1 (September 29), and March Concurrent 107 days. The daily bag specified, seasons for geese may be split 10. A 3-way split season may be limit is 7 ducks and mergansers, into up to 3 segments. Three-way split selected. For hunting days after the last including no more than 2 female seasons for Canada geese and white- Sunday in January, the daily bag limit mallards, 2 pintails, 1 canvasback, and fronted geese require Pacific Flyway may not include Canada geese. 2 redheads. Council and U.S. Fish and Wildlife Malheur County Zone: The daily bag The season on coots and common Service approval and a 3-year limit of light geese is 10. Hunting days moorhens may be between the outside evaluation by each participating State. that occur after the last Sunday in dates for the season on ducks, but not January should be concurrent with to exceed 107 days. Brant Season Idaho’s Zone 2. Coot, Common Moorhen, and Purple Oregon may select a 16-day season, Northwest Zone: Outside dates are Gallinule Limits: The daily bag and Washington a 16-day season, and between the Saturday nearest October 1 possession limits of coots, common California a 30-day season. Days must (September 29) and March 10. A 3-way moorhens, and purple gallinules are 25, be consecutive. Washington and split season may be selected. The daily singly or in the aggregate. California may select hunting seasons bag limit may not include more than 3 Outside Dates: Between the Saturday by up to two zones. The daily bag limit cackling or Aleutian geese. nearest September 24 (September 22) is 2 brant and is in addition to dark Northwest Special Permit Zone: and the last Sunday in January (January goose limits. In Oregon and California, Outside dates are between the Saturday 27). the brant season must end no later than nearest October 1 (September 29) and Zoning and Split Seasons: Arizona, December 15. March 10. The daily bag limit may not California, Idaho, Nevada, Oregon, Utah, Arizona: The daily bag limit for dark include more than 3 cackling or Washington, and Wyoming may select geese is 3. Aleutian geese and daily bag limit of hunting seasons by zones. Arizona, light geese is 4. California, Idaho, Nevada, Oregon, Utah, California South Coast Zone: A 107-day season Washington, and Wyoming may split Northeastern Zone: The daily bag may be selected, with outside dates their seasons into two segments. limit is 6 dark geese. between the Saturday nearest October 1 Colorado, Montana, and New Mexico Balance-of-State Zone: A 107-day (September 29) and March 10. Hunting may split their seasons into three season may be selected with outside days that occur after the last Sunday in segments. dates between the Saturday nearest January should be concurrent with Colorado River Zone, California: October 1 (September 29) and March 10. California’s North Coast Special Seasons and limits should be the same Limits may not include more than 6 Management Area. A 3-way split season

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may be selected. The daily bag limit of issue 1 permit per hunter. Each State’s Flyway), an open season for taking a dark geese can increase to 6 geese after season may open no earlier than the limited number of tundra swans may be the last Sunday in January (January 27). Saturday nearest October 1 (September selected. Permits will be issued by the Utah: The daily bag limit for dark 29). These seasons are also subject to the States that authorize the take of no more geese is 3. following conditions: than 1 tundra swan per permit. A Washington: The daily bag limit is 4 Montana: No more than 500 permits second permit may be issued to hunters geese. may be issued. The season must end no from unused permits remaining after the Area 1: Outside dates are between the later than December 1. The State must first drawing. The States must obtain Saturday nearest October 1 (September implement a harvest-monitoring harvest and hunter participation data. 29), and the last Sunday in January program to measure the species These seasons are also subject to the (January 27). composition of the swan harvest and following conditions: Areas 2A and 2B (Southwest Quota should use appropriate measures to In the Atlantic Flyway: Zone): Except for designated areas, there maximize hunter compliance in —The season may be 90 days, between will be no open season on Canada geese. reporting bill measurement and color October 1 and January 31. See section on quota zones. In this area, information. —In North Carolina, no more than 5,000 the daily bag limit may include 3 Utah: No more than 2,000 permits permits may be issued. cackling geese. In Southwest Quota may be issued. During the swan season, —In Virginia, no more than 600 permits Zone Area 2B (Pacific County), the daily no more than 10 trumpeter swans may may be issued. bag limit may include 1 Aleutian goose. be taken. The season must end no later In the Central Flyway: Areas 4 and 5: A 107-day season may than the second Sunday in December —The season may be 107 days, between be selected for dark geese. A 3-way split (December 9) or upon attainment of 10 the Saturday nearest October 1 season may be selected in Area 4. trumpeter swans in the harvest, (September 29) and January 31. Wyoming: The daily bag limit for dark whichever occurs earliest. The Utah —In the Central Flyway portion of geese is 3. season remains subject to the terms of Montana, no more than 500 permits Quota Zones the Memorandum of Agreement entered may be issued. into with the Service in August 2001, —In North Dakota, no more than 2,200 Seasons on geese must end upon regarding harvest monitoring, season permits may be issued. attainment of individual quotas of closure procedures, and education —In South Dakota, no more than 1,300 dusky geese allotted to the designated requirements to minimize the take of permits may be issued. areas of Oregon (90) and Washington trumpeter swans during the swan (45). The September Canada goose season. Area, Unit, and Zone Descriptions season, the regular goose season, any Nevada: No more than 650 permits special late dark goose season, and any may be issued. During the swan season, Ducks (Including Mergansers) and Coots extended falconry season, combined, no more than 5 trumpeter swans may be Atlantic Flyway must not exceed 107 days, and the taken. The season must end no later Connecticut established quota of dusky geese must than the Sunday following January 1 not be exceeded. Hunting of geese in (January 6) or upon attainment of 5 North Zone: That portion of the State those designated areas will be only by trumpeter swans in the harvest, north of I–95. hunters possessing a State-issued permit whichever occurs earliest. South Zone: Remainder of the State. authorizing them to do so. In a Service- In addition, the States of Utah and Maine approved investigation, the State must Nevada must implement a harvest- obtain quantitative information on monitoring program to measure the North Zone: That portion north of the hunter compliance with those species composition of the swan line extending east along Maine State regulations aimed at reducing the take harvest. The harvest-monitoring Highway 110 from the New Hampshire- of dusky geese. If the monitoring program must require that all harvested Maine State line to the intersection of program cannot be conducted, for any swans or their species-determinant parts Maine State Highway 11 in Newfield; reason, the season must immediately be examined by either State or Federal then north and east along Route 11 to close. In the designated areas of the biologists for the purpose of species the intersection of U.S. Route 202 in Washington Southwest Quota Zone, a classification. The States should use Auburn; then north and east on Route special late goose season may be held appropriate measures to maximize 202 to the intersection of Interstate between the Saturday following the hunter compliance in providing bagged Highway 95 in Augusta; then north and close of the general goose season and swans for examination. Further, the east along I–95 to Route 15 in Bangor; March 10. In the Northwest Special States of Montana, Nevada, and Utah then east along Route 15 to Route 9; Permit Zone of Oregon, the framework must achieve at least an 80-percent then east along Route 9 to Stony Brook closing date is March 10. Regular goose compliance rate, or subsequent permits in Baileyville; then east along Stony seasons may be split into 3 segments will be reduced by 10 percent. All three Brook to the United States border. within the Oregon and Washington States must provide to the Service by Coastal Zone: That portion south of a quota zones. June 30, 2013, a report detailing harvest, line extending east from the Maine-New hunter participation, reporting Brunswick border in Calais at the Route Swans compliance, and monitoring of swan 1 Bridge; then south along Route 1 to In portions of the Pacific Flyway populations in the designated hunt the Maine-New Hampshire border in (Montana, Nevada, and Utah), an open areas. Kittery. season for taking a limited number of South Zone: Remainder of the State. swans may be selected. Permits will be Tundra Swans issued by the State and will authorize In portions of the Atlantic Flyway Massachusetts each permittee to take no more than 1 (North Carolina and Virginia) and the Western Zone: That portion of the swan per season with each permit. Central Flyway (North Dakota, South State west of a line extending south Nevada may issue up to 2 permits per Dakota [east of the Missouri River], and from the Vermont State line on I–91 to hunter. Montana and Utah may only that portion of Montana in the Central MA 9, west on MA 9 to MA 10, south

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on MA 10 to U.S. 202, south on U.S. 202 Newmarket to the junction of Rte. 85 in Pennsylvania to the Connecticut State line. Newfields, south to Rte. 101 in Exeter, Lake Erie Zone: The Lake Erie waters Central Zone: That portion of the east to Interstate 95 (New Hampshire of Pennsylvania and a shoreline margin State east of the Berkshire Zone and Turnpike) in Hampton, and south to the along Lake Erie from New York on the west of a line extending south from the Massachusetts border. east to Ohio on the west extending 150 New Hampshire State line on I–95 to yards inland, but including all of U.S. 1, south on U.S. 1 to I–93, south on New Jersey Presque Isle Peninsula. I–93 to MA 3, south on MA 3 to U.S. Coastal Zone: That portion of the Northwest Zone: The area bounded on 6, west on U.S. 6 to MA 28, west on MA State seaward of a line beginning at the the north by the Lake Erie Zone and 28 to I–195, west to the Rhode Island New York State line in Raritan Bay and including all of Erie and Crawford State line; except the waters, and the extending west along the New York Counties and those portions of Mercer lands 150 yards inland from the high- State line to NJ 440 at Perth Amboy; and Venango Counties north of I–80. water mark, of the Assonet River west on NJ 440 to the Garden State North Zone: That portion of the State upstream to the MA 24 bridge, and the Parkway; south on the Garden State east of the Northwest Zone and north of Taunton River upstream to the Center Parkway to the shoreline at Cape May a line extending east on I–80 to U.S. St.-Elm St. bridge shall be in the Coastal and continuing to the Delaware State 220, Route 220 to I–180, I–180 to I–80, Zone. line in Delaware Bay. and I–80 to the Delaware River. Coastal Zone: That portion of North Zone: That portion of the State Massachusetts east and south of the South Zone: The remaining portion of west of the Coastal Zone and north of Pennsylvania. Central Zone. a line extending west from the Garden New Hampshire State Parkway on NJ 70 to the New Vermont Jersey Turnpike, north on the turnpike Northern Zone: That portion of the Lake Champlain Zone: The U.S. to U.S. 206, north on U.S. 206 to U.S. State east and north of the Inland Zone portion of Lake Champlain and that area 1 at Trenton, west on U.S. 1 to the beginning at the Jct. of Rte. 10 and Rte. north and west of the line extending 25A in Orford, east on Rte. 25A to Rte. Pennsylvania State line in the Delaware from the New York border along U.S. 4 25 in Wentworth, southeast on Rte. 25 River. to VT 22A at Fair Haven; VT 22A to U.S. to Exit 26 of Rte. I–93 in Plymouth, South Zone: That portion of the State 7 at Vergennes; U.S. 7 to VT 78 at south on Rte. I–93 to Rte. 3 at Exit 24 not within the North Zone or the Coastal Swanton; VT 78 to VT 36; VT 36 to of Rte. I–93 in Ashland, northeast on Zone. Maquam Bay on Lake Champlain; along Rte. 3 to Rte. 113 in Holderness, north New York and around the shoreline of Maquam on Rte. 113 to Rte. 113–A in Sandwich, Bay and Hog Island to VT 78 at the West north on Rte. 113–A to Rte. 113 in Lake Champlain Zone: That area east Swanton Bridge; VT 78 to VT 2 in Tamworth, east on Rte. 113 to Rte. 16 and north of a continuous line Alburg; VT 2 to the Richelieu River in in Chocorua, north on Rte. 16 to Rte. extending along U.S. 11 from the New Alburg; along the east shore of the 302 in Conway, east on Rte. 302 to the York-Canada International boundary Richelieu River to the Canadian border. Maine-New Hampshire border. south to NY 9B, south along NY 9B to Interior Zone: That portion of Inland Zone: That portion of the State U.S. 9, south along U.S. 9 to NY 22 Vermont east of the Lake Champlain south and west of the Northern Zone, south of Keesville; south along NY 22 to Zone and west of a line extending from west of the Coastal Zone, and includes the west shore of South Bay, along and the Massachusetts border at Interstate the area of Vermont and New around the shoreline of South Bay to NY 91; north along Interstate 91 to US 2; Hampshire as described for hunting 22 on the east shore of South Bay; east along US 2 to VT 102; north along reciprocity. A person holding a New southeast along NY 22 to U.S. 4, VT 102 to VT 253; north along VT 253 Hampshire hunting license which northeast along U.S. 4 to the Vermont to the Canadian border. allows the taking of migratory waterfowl State line. Connecticut River Zone: The or a person holding a Vermont resident Long Island Zone: That area remaining portion of Vermont east of hunting license which allows the taking consisting of Nassau County, Suffolk the Interior Zone. County, that area of Westchester County of migratory waterfowl may take Mississippi Flyway migratory waterfowl and coots from the southeast of I–95, and their tidal waters. following designated area of the Inland Western Zone: That area west of a line Alabama Zone: the State of Vermont east of Rte. extending from Lake Ontario east along South Zone: Mobile and Baldwin I–91 at the Massachusetts border, north the north shore of the Salmon River to Counties. on Rte. I–91 to Rte. 2, north on Rte. 2 I–81, and south along I–81 to the North Zone: The remainder of to Rte. 102, north on Rte. 102 to Rte. Pennsylvania State line. Alabama. 253, and north on Rte. 253 to the border Northeastern Zone: That area north of Illinois with Canada and the area of NH west of a continuous line extending from Lake Rte. 63 at the MA border, north on Rte. Ontario east along the north shore of the North Zone: That portion of the State 63 to Rte. 12, north on Rte. 12 to Rte. Salmon River to I–81, south along I–81 north of a line extending west from the 12–A, north on Rte. 12A to Rte 10, north to NY 31, east along NY 31 to NY 13, Indiana border along Peotone-Beecher on Rte. 10 to Rte. 135, north on Rte. 135 north along NY 13 to NY 49, east along Road to Illinois Route 50, south along to Rte. 3, north on Rte. 3 to the NY 49 to NY 365, east along NY 365 to Illinois Route 50 to Wilmington-Peotone intersection with the Connecticut River. NY 28, east along NY 28 to NY 29, east Road, west along Wilmington-Peotone Coastal Zone: That portion of the along NY 29 to NY 22, north along NY Road to Illinois Route 53, north along State east of a line beginning at the 22 to Washington County Route 153, Illinois Route 53 to New River Road, Maine-New Hampshire border in east along CR 153 to the New York- northwest along New River Road to Rollinsford, then extending to Rte. 4 Vermont boundary, exclusive of the Interstate Highway 55, south along I–55 west to the city of Dover, south to the Lake Champlain Zone. to Pine Bluff-Lorenzo Road, west along intersection of Rte. 108, south along Rte. Southeastern Zone: The remaining Pine Bluff-Lorenzo Road to Illinois 108 through Madbury, Durham, and portion of New York. Route 47, north along Illinois Route 47

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to I–80, west along I–80 to I–39, south along U.S. 41; east along State Road 58; easterly along Stony Lake and Garfield along I–39 to Illinois Route 18, west south along State Road 37 to Bedford; Roads to Michigan Highway 20, east along Illinois Route 18 to Illinois Route and east along U.S. 50 to the Ohio along Michigan 20 to U.S. Highway 10 29, south along Illinois Route 29 to border. Business Route (BR) in the city of Illinois Route 17, west along Illinois Midland, easterly along U.S. 10 BR to Iowa Route 17 to the Mississippi River, and U.S. 10, easterly along U.S. 10 to due south across the Mississippi River North Zone—That portion of Iowa Interstate Highway 75/U.S. Highway 23, to the Iowa border. north of a line beginning on the South northerly along I–75/U.S. 23 to the U.S. Central Zone: That portion of the Dakota-Iowa border at Interstate 29, 23 exit at Standish, easterly along U.S. State south of the North Duck Zone line southeast along Interstate 29 to State 23 to the centerline of the Au Gres to a line extending west from the Highway 175, east along State Highway River, then southerly along the Indiana border along I–70 to Illinois 175 to State Highway 37, southeast centerline of the Au Gres River to Route 4, south along Illinois Route 4 to along State Highway 37 to State Saginaw Bay, then on a line directly east Illinois Route 161, west along Illinois Highway 183, northeast along State 10 miles into Saginaw Bay, and from Route 161 to Illinois Route 158, south Highway 183 to State Highway 141, east that point on a line directly northeast to and west along Illinois Route 158 to along State Highway 141 to U.S. the Canadian border. Illinois Route 159, south along Illinois Highway 30, and along U.S. Highway 30 South Zone: The remainder of Route 159 to Illinois Route 3, south to the Illinois border. Michigan. along Illinois Route 3 to St. Leo’s Road, Missouri River Zone—That portion of south along St. Leo’s Road to Modoc Iowa west of a line beginning on the Minnesota Road, west along Modoc Road to Modoc South Dakota-Iowa border at Interstate North Duck Zone: That portion of the Ferry Road, southwest along Modoc 29, southeast along Interstate 29 to State State north of a line extending east from Ferry Road to Levee Road, southeast Highway 175, and west along State the North Dakota State line along State along Levee Road to County Route 12 Highway 175 to the Iowa-Nebraska Highway 210 to State Highway 23 and (Modoc Ferry entrance Road), south border. east to State Highway 39 and east to the along County Route 12 to the Modoc South Zone—The remainder of Iowa. Wisconsin State line at the Oliver Ferry route and southwest on the Modoc Bridge. Ferry route across the Mississippi River Kentucky South Duck Zone: The portion of the to the Missouri border. West Zone: All counties west of and State south of a line extending east from South Zone: That portion of the State including Butler, Daviess, Ohio, the South Dakota State line along U.S. south and east of a line extending west Simpson, and Warren Counties. Highway 212 to Interstate 494 and east from the Indiana border along Interstate East Zone: The remainder of to Interstate 94 and east to the 70, south along U.S. Highway 45, to Kentucky. Wisconsin State line. Illinois Route 13, west along Illinois Central Duck Zone: The remainder of Louisiana Route 13 to Greenbriar Road, north on the State. Greenbriar Road to Sycamore Road, West: That portion of the State west Missouri west on Sycamore Road to N. Reed and north of a line beginning at the Station Road, south on N. Reed Station Arkansas-Louisiana border on LA 3; North Zone: That portion of Missouri Road to Illinois Route 13, west along south on LA 3 to Bossier City; then east north of a line running west from the Illinois Route 13 to Illinois Route 127, along I–20 to Minden; then south along Illinois border at Lock and Dam 25; west south along Illinois Route 127 to State LA 7 to Ringgold; then east along LA 4 on Lincoln County Hwy. N to Mo. Hwy. Forest Road (1025 N), west along State to Jonesboro; then south along US Hwy 79; south on Mo. Hwy. 79 to Mo. Hwy. Forest Road to Illinois Route 3, north 167 to its junction with LA 106; west on 47; west on Mo. Hwy. 47 to I–70; west along Illinois Route 3 to the south bank LA 106 to Oakdale; then south on US on I–70 to the Kansas border. of the Big Muddy River, west along the Hwy 165 to junction with US Hwy 190 Middle Zone: The remainder of south bank of the Big Muddy River to at Kinder; then west on US Hwy 190/ Missouri not included in other zones. the Mississippi River, west across the LA 12 to the Texas state border. South Zone: That portion of Missouri Mississippi River to the Missouri East: That portion of the State east south of a line running west from the border. and north of a line beginning at the Illinois border on Mo. Hwy. 74 to Mo. South Central Zone: The remainder of Arkansas-Louisiana border on LA 3; Hwy. 25; south on Mo. Hwy 25. to U.S. the State between the south border of south on LA 3 to Bossier City; then east Hwy. 62; west on U.S. Hwy. 62 to Mo. the Central Zone and the North border along I–20 to Minden; then south along Hwy. 53; north on Mo. Hwy. 53 to Mo. of the South Zone. LA 7 to Ringgold; then east along LA 4 Hwy. 51; north on Mo. Hwy. 51 to U.S. to Jonesboro; then south along US Hwy Hwy. 60; west on U.S. Hwy. 60 to Mo. Indiana 167 to Lafayette; then southeast along Hwy. 21; north on Mo. Hwy. 21 to Mo. North Zone—That part of Indiana US Hwy 90 to the Mississippi State line. Hwy. 72; west on Mo. Hwy. 72 to Mo. north of a line extending east from the Coastal: Remainder of the State. Hwy. 32; west on Mo. Hwy. 32 to U.S. Illinois border along State Road 18 to Hwy. 65; north on U.S. Hwy. 65 to U.S. Michigan U.S. 31; north along U.S. 31 to U.S. 24; Hwy. 54; west on U.S. Hwy. 54 to U.S. east along U.S. 24 to Huntington; North Zone: The Upper Peninsula. Hwy. 71; south on U.S. Hwy. 71 to southeast along U.S. 224; south along Middle Zone: That portion of the Jasper County Hwy. M; west on Jasper State Road 5; and east along State Road Lower Peninsula north of a line County Hwy. M to the Kansas border. 124 to the Ohio border. beginning at the Wisconsin State line in Central Zone—That part of Indiana Lake Michigan due west of the mouth of Ohio south of the North Zone boundary and Stony Creek in Oceana County; then due Lake Erie Marsh Zone: Includes all north of the South Zone boundary. east to, and easterly and southerly along land and water within the boundaries of South Zone—That part of Indiana the south shore of Stony Creek to Scenic the area bordered by Interstate 75 from south of a line extending east from the Drive, easterly and southerly along the Ohio-Michigan line to Interstate 280 Illinois border along U.S. 40; south Scenic Drive to Stony Lake Road, to Interstate 80 to the Erie-Lorain

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County line extending to a line junction with Republic County 50 Rd, Avenue, then south on 14th Avenue to measuring two hundred (200) yards then south on Republic County 50 Rd to its junction with Arapaho Rd, then west from the shoreline into the waters of its junction with Cloud County 40th Rd, on Arapaho Rd to its junction with K– Lake Erie and including the waters of then south on Cloud County 40th Rd to 61, then southwest on K–61 to its Sandusky Bay and Maumee Bay. its junction with K–9, then west on K– junction with K–96, then northwest on North Zone: That portion of the State 9 to its junction with US–24, then west K–96 to its junction with US–56, then north of a line beginning at the Ohio- on US–24 to its junction with US–281, southwest on US–56 to its junction with Indiana border and extending east along then north on US–281 to its junction K–19, then east on K–19 to its junction Interstate 70 to the Ohio-West Virginia with US–36, then west on US–36 to its with US–281, then south on US–281 to border. junction with US–183, then south on its junction with US–54, then west on South Zone: The remainder of Ohio. US–183 to its junction with US–24, then US–54 to its junction with US–183, then north on US–183 to its junction with Tennessee west on US–24 to its junction with K– 18, then southeast on K–18 to its US–56, then southwest on US–56 to its Reelfoot Zone: All or portions of Lake junction with US–183, then south on junction with Ford County Rd 126, then and Obion Counties. US–183 to its junction with K–4, then south on Ford County Rd 126 to its State Zone: The remainder of east on K–4 to its junction with I–135, junction with US–400, then northwest Tennessee. then south on I–135 to its junction with on US–400 to its junction with US–283, Wisconsin K–61, then southwest on K–61 to then south on US–283 to its junction McPherson County 14th Avenue, then with the Oklahoma-Kansas State line, North Zone: That portion of the State south on McPherson County 14th then east along the Oklahoma-Kansas north of a line extending east from the Avenue to its junction with Arapaho Rd, State line to its junction with US–77, Minnesota State line along U.S. then west on Arapaho Rd to its junction then north on US–77 to its junction with Highway 10 into Portage County to with K–61, then southwest on K–61 to Butler County, NE 150th Street, then County Highway HH, east on County its junction with K–96, then northwest east on Butler County, NE 150th Street Highway HH to State Highway 66 and on K–96 to its junction with US–56, to its junction with US–35, then then east on State Highway 66 to U.S. then southwest on US–56 to its junction northeast on US–35 to its junction with Highway 10, continuing east on U.S. with K–19, then east on K–19 to its K–68, then east on K–68 to the Kansas- Highway 10 to U.S. Highway 41, then junction with US–281, then south on Missouri State line, then north along the north on U.S. Highway 41 to the US–281 to its junction with US–54, then Kansas-Missouri State line to its Michigan State line. junction with the Nebraska State line, Mississippi River Zone: That area west on US–54 to its junction with US– 183, then north on US–183 to its then west along the Kansas-Nebraska encompassed by a line beginning at the State line to its junction with K–128. intersection of the Burlington Northern junction with US–56, then southwest on US–56 to its junction with Ford County Southeast Zone: That part of Kansas & Santa Fe Railway and the Illinois bounded by a line from the Missouri- State line in Grant County and Rd 126, then south on Ford County Rd 126 to its junction with US–400, then Kansas State line west on K–68 to its extending northerly along the junction with US–35, then southwest on Burlington Northern & Santa Fe Railway northwest on US–400 to its junction with US–283, then north on US–283 to US–35 to its junction with Butler to the city limit of Prescott in Pierce County, NE 150th Street, then west on County, then west along the Prescott its junction with the Nebraska-Kansas State line, then east along the Nebraska- NE 150th Street until its junction with city limit to the Minnesota State line. K–77, then south on K–77 to the South Zone: The remainder of Kansas State line to its junction with K– 128. Oklahoma-Kansas State line, then east Wisconsin. along the Kansas-Oklahoma State line to Late Zone: That part of Kansas its junction with the Missouri State line, Central Flyway bounded by a line from the Nebraska- then north along the Kansas-Missouri Colorado (Central Flyway Portion) Kansas State line south on K–128 to its State line to its junction with K–68. Northeast Zone: All areas east of junction with US–36, then east on US– Interstate 25 and north of Interstate 70. 36 to its junction with K–199, then Montana (Central Flyway Portion) Southeast Zone: All areas east of south on K–199 to its junction with Zone 1: The Counties of Blaine, Interstate 25 and south of Interstate 70, Republic County 30 Rd, then south on Carbon, Carter, Daniels, Dawson, Fallon, and all of El Paso, Pueblo, Huerfano, Republic County 30 Rd to its junction Fergus, Garfield, Golden Valley, Judith and Las Animas counties. with K–148, then east on K–148 to its Basin, McCone, Musselshell, Petroleum, Mountain/Foothills Zone: All areas junction with Republic County 50 Rd, Phillips, Powder River, Richland, west of Interstate 25 and east of the then south on Republic County 50 Rd to Roosevelt, Sheridan, Stillwater, Sweet Continental Divide, except El Paso, its junction with Cloud County 40th Rd, Grass, Valley, Wheatland, Wibaux, and Pueblo, Huerfano, and Las Animas then south on Cloud County 40th Rd to Yellowstone. counties. its junction with K–9, then west on K– Zone 2: The remainder of Montana. 9 to its junction with US–24, then west Kansas on US–24 to its junction with US–281, Nebraska High Plains Zone: That portion of the then north on US–281 to its junction High Plains—That portion of State west of U.S. 283. with US–36, then west on US–36 to its Nebraska lying west of a line beginning Early Zone: That part of Kansas junction with US–183, then south on at the South Dakota-Nebraska border on bounded by a line from the Nebraska- US–183 to its junction with US–24, then U.S. Hwy. 183; south on U.S. Hwy. 183 Kansas State line south on K–128 to its west on US–24 to its junction with K– to U.S. Hwy. 20; west on U.S. Hwy. 20 junction with US–36, then east on US– 18, then southeast on K–18 to its to NE Hwy. 7; south on NE Hwy. 7 to 36 to its junction with K–199, then junction with US–183, then south on NE Hwy. 91; southwest on NE Hwy. 91 south on K–199 to its junction with US–183 to its junction with K–4, then to NE Hwy. 2; southeast on NE Hwy. 2 Republic County 30 Rd, then south on east on K–4 to its junction with I–135, to NE Hwy. 92; west on NE Hwy. 92 to Republic County 30 Rd to its junction then south on I–135 to its junction with NE Hwy. 40; south on NE Hwy. 40 to with K–148, then east on K–148 to its K–61, then southwest on K–61 to 14th NE Hwy. 47; south on NE Hwy. 47 to

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NE Hwy. 23; east on NE Hwy. 23 to U.S. Missouri-Nebraska border; south to and I–94 to ND 41, north to U.S. 2, west Hwy. 283; and south on U.S. Hwy. 283 Kansas-Nebraska border; west along to the Williams/Divide County line, to the Kansas-Nebraska border. Kansas-Nebraska border to Colorado- then north along the County line to the Zone 1—Area bounded by designated Nebraska border; north and west to Canadian border. Federal and State highways and Wyoming-Nebraska border; north to Low Plains Unit: The remainder of political boundaries beginning at the intersection of Interstate Canal; and North Dakota. South Dakota-Nebraska border west of excluding that area in Zone 4. NE Hwy. 26E Spur and north of NE Zone 4—Area encompassed by Oklahoma Hwy. 12; those portions of Dixon, Cedar designated Federal and State highways High Plains Zone: The Counties of and Knox Counties north of NE Hwy. and County Roads beginning at the Beaver, Cimarron, and Texas. 12; that portion of Keya Paha County intersection of NE Hwy. 8 and U.S. Low Plains Zone 1: That portion of the east of U.S. Hwy. 183; and all of Boyd Hwy. 75; north to U.S. Hwy. 136; east State east of the High Plains Zone and County. Both banks of the Niobrara to the intersection of U.S. Hwy. 136 and north of a line extending east from the River in Keya Paha and Boyd counties the Steamboat Trace (Trace); north along Texas State line along OK 33 to OK 47, east of U.S. Hwy. 183 shall be included the Trace to the intersection with east along OK 47 to U.S. 183, south in Zone 1. Federal Levee R–562; north along along U.S.183 to I–40, east along I–40 to Zone 2—The area south of Zone 1 and Federal Levee R–562 to the intersection U.S. 177, north along U.S. 177 to OK 33, north of Zone 3. with the Trace; north along the Trace/ east along OK 33 to OK 18, north along Zone 3—Area bounded by designated Burlington Northern Railroad right-of- OK 18 to OK 51, west along OK 51 to Federal and State highways, County way to NE Hwy. 2; west to U.S. Hwy. I–35, north along I–35 to U.S. 412, west Roads, and political boundaries 75; north to NE Hwy. 2; west to NE along U.S. 412 to OK 132, then north beginning at the Wyoming-Nebraska Hwy. 43; north to U.S. Hwy. 34; east to along OK 132 to the Kansas State line. border at the intersection of the NE Hwy. 63; north to NE Hwy. 66; north Low Plains Zone 2: The remainder of Interstate Canal; east along northern and west to U.S. Hwy. 77; north to NE Oklahoma. borders of Scotts Bluff and Morrill Hwy. 92; west to NE Hwy. Spur 12F; South Dakota Counties to Broadwater Road; south to south to Butler County Rd 30; east to Morrill County Rd 94; east to County Rd County Rd X; south to County Rd 27; High Plains Zone: That portion of the 135; south to County Rd 88; southeast west to County Rd W; south to County State west of a line beginning at the to County Rd 151; south to County Rd Rd 26; east to County Rd X; south to North Dakota State line and extending 80; east to County Rd 161; south to County Rd 21 (Seward County Line); south along U.S. 83 to U.S.14, east on County Rd 76; east to County Rd 165; west to NE Hwy. 15; north to County Rd U.S.14 to Blunt, south on the Blunt- south to Country Rd 167; south to U.S. 34; west to County Rd J; south to NE Canning Rd to SD 34, east and south on Hwy. 26; east to County Rd 171; north Hwy. 92; west to U.S. Hwy. 81; south to SD 34 to SD 50 at Lee’s Corner, south to County Rd 68; east to County Rd 183; NE Hwy. 66; west to Polk County Rd C; on SD 50 to I–90, east on I–90 to SD 50, south to County Rd 64; east to County north to NE Hwy. 92; west to U.S. Hwy. south on SD 50 to SD 44, west on SD Rd 189; north to County Rd 70; east to 30; west to Merrick County Rd 17; south 44 across the Platte-Winner bridge to SD County Rd 201; south to County Rd to Hordlake Road; southeast to Prairie 47, south on SD 47 to U.S.18, east on 60A; east to County Rd 203; south to Island Road; southeast to Hamilton U.S. 18 to SD 47, south on SD 47 to the County Rd 52; east to Keith County County Rd T; south to NE Hwy. 66; west Nebraska State line. Line; east along the northern boundaries to NE Hwy. 14; south to County Rd 22; North Zone: That portion of of Keith and Lincoln Counties to NE west to County Rd M; south to County northeastern South Dakota east of the Hwy. 97; south to U.S. Hwy 83; south Rd 21; west to County Rd K; south to High Plains Unit and north of a line to E Hall School Rd; east to N Airport U.S. Hwy. 34; west to NE Hwy. 2; south extending east along U.S. 212 to the Road; south to U.S. Hwy. 30; east to to U.S. Hwy. I–80; west to Gunbarrel Rd Minnesota State line. Merrick County Rd 13; north to County (Hall/Hamilton county line); south to South Zone: That portion of Gregory Rd O; east to NE Hwy. 14; north to NE Giltner Rd; west to U.S. Hwy. 281; south County east of SD 47 and south of SD Hwy. 52; west and north to NE Hwy. 91; to U.S. Hwy. 34; west to NE Hwy. 10; 44; Charles Mix County south of SD 44 west to U.S. Hwy. 281; south to NE north to Kearney County Rd R and to the Douglas County line; south on SD Hwy. 22; west to NE Hwy. 11; northwest Phelps County Rd 742; west to U.S. 50 to Geddes; east on the Geddes to NE Hwy. 91; west to U.S. Hwy. 183; Hwy. 283; south to U.S. Hwy 34; east to Highway to U.S. 281; south on U.S. 281 south to Round Valley Rd; west to U.S. Hwy. 136; east to U.S. Hwy. 183; and U.S. 18 to SD 50; south and east on Sargent River Rd; west to Sargent Rd; north to NE Hwy. 4; east to NE Hwy. 10; SD 50 to the Bon Homme County line; west to Milburn Rd; north to Blaine south to U.S. Hwy. 136; east to NE Hwy. the Counties of Bon Homme, Yankton, County Line; east to Loup County Line; 14; south to NE Hwy. 8; east to U.S. and Clay south of SD 50; and Union north to NE Hwy. 91; west to North Hwy. 81; north to NE Hwy. 4; east to NE County south and west of SD 50 and I– Loup Spur Rd; north to North Loup Hwy. 15; south to U.S. Hwy. 136; east 29. River Rd; east to Pleasant Valley/Worth to NE Hwy. 103; south to NE Hwy. 8; Middle Zone: The remainder of South Rd; east to Loup County Line; north to east to U.S. Hwy. 75. Dakota. Loup-Brown county line; east along northern boundaries of Loup and New Mexico (Central Flyway Portion) Texas Garfield Counties to Cedar River Road; North Zone: That portion of the State High Plains Zone: That portion of the south to NE Hwy. 70; east to U.S. Hwy. north of I–40 and U.S. 54. State west of a line extending south 281; north to NE Hwy. 70; east to NE South Zone: The remainder of New from the Oklahoma State line along U.S. Hwy. 14; south to NE Hwy. 39; Mexico. 183 to Vernon, south along U.S. 283 to southeast to NE Hwy. 22; east to U.S. Albany, south along TX 6 to TX 351 to Hwy. 81; southeast to U.S. Hwy. 30; east North Dakota Abilene, south along U.S. 277 to Del to U.S. Hwy. 75; north to the High Plains Unit: That portion of the Rio, then south along the Del Rio Washington County line; east to the State south and west of a line from the International Toll Bridge access road to Iowa-Nebraska border; south to the South Dakota State line along U.S. 83 the Mexico border.

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Low Plains North Zone: That portion Colorado River Zone: Those portions Minidoka, Owyhee, Payette, Twin Falls, of northeastern Texas east of the High of San Bernardino, Riverside, and and Washington Counties. Plains Zone and north of a line Imperial Counties east of a line Nevada beginning at the International Toll extending from the Nevada State line Bridge south of Del Rio, then extending south along U.S. 95 to Vidal Junction; Northeast Zone: All of Elko and White east on U.S. 90 to San Antonio, then south on a road known as ‘‘Aqueduct Pine Counties. continuing east on I–10 to the Louisiana Road’’ in San Bernardino County Northwest Zone: All of Carson City, State line at Orange, Texas. through the town of Rice to the San Churchill, Douglas, Esmeralda, Eureka, Low Plains South Zone: The Bernardino-Riverside County line; south Humboldt, Lander, Lyon, Mineral, Nye, remainder of Texas. on a road known in Riverside County as Pershing, Storey, and Washoe Counties. Wyoming (Central Flyway Portion) the ‘‘Desert Center to Rice Road’’ to the South Zone: All of Clark and Lincoln Zone C1: Big Horn, Converse, Goshen, town of Desert Center; east 31 miles on County. I–10 to the Wiley Well Road; south on Hot Springs, Natrona, Park, Platte, and Oregon Washakie Counties; and Fremont this road to Wiley Well; southeast along County excluding the portions west or the Army-Milpitas Road to the Blythe, Zone 1: Clatsop, Tillamook, Lincoln, south of the Continental Divide. Brawley, Davis Lake intersections; south Lane, Douglas, Coos, Curry, Josephine, Zone C2: Campbell, Crook, Johnson, on the Blythe-Brawley paved road to the Jackson, Linn, Benton, Polk, Marion, Niobrara, Sheridan, and Weston Ogilby and Tumco Mine Road; south on Yamhill, Washington, Columbia, Counties. this road to U.S. 80; east 7 miles on U.S. Multnomah, Clackamas, Hood River, Zone C3: Albany and Laramie 80 to the Andrade-Algodones Road; Wasco, Sherman, Gilliam, Morrow and Counties; and that portion of Carbon south on this paved road to the Mexican Umatilla Counties. County east of the Continental Divide. border at Algodones, Mexico. Columbia Basin Mallard Management Southern Zone: That portion of Unit: Gilliam, Morrow, and Umatilla Pacific Flyway southern California (but excluding the Counties. Arizona Colorado River Zone) south and east of Zone 2: The remainder of the State. a line extending from the Pacific Ocean Utah Game Management Units (GMU) as east along the Santa Maria River to CA follows: 166 near the City of Santa Maria; east on Zone 1: All of Box Elder, Cache, South Zone: Those portions of GMUs CA 166 to CA 99; south on CA 99 to the Daggett, Davis, Duchesne, Morgan, Rich, 6 and 8 in Yavapai County, and GMUs crest of the Tehachapi Mountains at Salt Lake, Summit, Unitah, Utah, 10 and 12B–45. Tejon Pass; east and north along the Wasatch, and Weber Counties, and that North Zone: GMUs 1–5, those crest of the Tehachapi Mountains to CA part of Toole County north of I–80. portions of GMUs 6 and 8 within 178 at Walker Pass; east on CA 178 to Zone 2: The remainder of Utah. Coconino County, and GMUs 7, 9, 12A. U.S. 395 at the town of Inyokern; south Washington California on U.S. 395 to CA 58; east on CA 58 to I–15; east on I–15 to CA 127; north on East Zone: All areas east of the Pacific Northeastern Zone: In that portion of CA 127 to the Nevada State line. Crest Trail and east of the Big White California lying east and north of a line Southern San Joaquin Valley Salmon River in Klickitat County. beginning at the intersection of Temporary Zone: All of Kings and Columbia Basin Mallard Management Interstate 5 with the California-Oregon Tulare Counties and that portion of Unit: Same as East Zone. line; south along Interstate 5 to its Kern County north of the Southern West Zone: All areas to the west of the junction with Walters Lane south of the Zone. East Zone. town of Yreka; west along Walters Lane Balance-of-State Zone: The remainder Wyoming to its junction with Easy Street; south of California not included in the along Easy Street to the junction with Northeastern, Southern, and Colorado Snake River Zone: Beginning at the Old Highway 99; south along Old River Zones, and the Southern San south boundary of Yellowstone National Highway 99 to the point of intersection Joaquin Valley Temporary Zone. Park and the Continental Divide; south with Interstate 5 north of the town of along the Continental Divide to Union Weed; south along Interstate 5 to its Idaho Pass and the Union Pass Road (U.S.F.S. junction with Highway 89; east and Zone 1: All lands and waters within Road 600); west and south along the south along Highway 89 to Main Street the Fort Hall Indian Reservation, Union Pass Road to U.S.F.S. Road 605; Greenville; north and east to its junction including private inholdings; Bannock south along U.S.F.S. Road 605 to the with North Valley Road; south to its County; Bingham County, except that Bridger-Teton National Forest boundary; junction of Diamond Mountain Road; portion within the Blackfoot Reservoir along the national forest boundary to the north and east to its junction with North drainage; and Power County east of Idaho State line; north along the Idaho Arm Road; south and west to the State Highway 37 and State Highway 39. State line to the south boundary of junction of North Valley Road; south to Zone 2: Adams, Bear Lake, Benewah, Yellowstone National Park; east along the junction with Arlington Road (A22); Bingham within the Blackfoot Reservoir the Yellowstone National Park boundary west to the junction of Highway 89; drainage, Blaine, Bonner, Bonneville, to the Continental Divide. south and west to the junction of Boundary, Butte, Camas, Caribou except Balance of State Zone: Balance of the Highway 70; east on Highway 70 to the Fort Hall Indian Reservation, Clark, Pacific Flyway in Wyoming outside the Highway 395; south and east on Clearwater, Custer, Franklin, Fremont, Snake River Zone. Highway 395 to the point of intersection Idaho, Jefferson, Kootenai, Latah, with the California-Nevada State line; Lemhi, Lewis, Madison, Nez Perce, Geese north along the California-Nevada State Oneida, Power County west of State Atlantic Flyway line to the junction of the California- Highway 37 and State Highway 39, Connecticut Nevada-Oregon State lines; west along Shoshone, Teton, and Valley Counties. the California-Oregon State line to the Zone 3: Ada, Boise, Canyon, Cassia, AP Unit: Litchfield County and the point of origin. Elmore, Gem, Gooding, Jerome, Lincoln, portion of Hartford County west of a

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line beginning at the Massachusetts South: That portion of the State Route 31 to Route 13, north along Route border in Suffield and extending south within a continuous line that runs west 13 to Route 49, east along Route 49 to along Route 159 to its intersection with from the Atlantic Ocean at Ship Bottom Route 365, east along Route 365 to Route 91 in Hartford, and then along Route 72 to Route 70; then west Route 28, east along Route 28 to Route extending south along Route 91 to its along Route 70 to Route 206; then south 29, east along Route 29 to Route 147 at intersection with the Hartford/ along Route 206 to Route 536; then west Kimball Corners, south along Route 147 Middlesex County line. along Route 536 to Route 322; then west to Schenectady County Route 40 (West AFRP Unit: Starting at the intersection along Route 322 to Route 55; then south Glenville Road), west along Route 40 to of I–95 and the Quinnipiac River, north along Route 55 to Route 553 (Buck Touareuna Road, south along Touareuna on the Quinnipiac River to its Road); then south along Route 553 to Road to Schenectady County Route 59, intersection with I–91, north on I–91 to Route 40; then east along Route 40 to south along Route 59 to State Route 5, I–691, west on I–691 to the Hartford route 55; then south along Route 55 to east along Route 5 to the Lock 9 bridge, County line, and encompassing the rest Route 552 (Sherman Avenue); then west southwest along the Lock 9 bridge to of New Haven County and Fairfield along Route 552 to Carmel Road; then Route 5S, southeast along Route 5S to County in its entirety. south along Carmel Road to Route 49; Schenectady County Route 58, NAP H–Unit: All of the rest of the then east along Route 49 to Route 555; southwest along Route 58 to the NYS State not included in the AP or AFRP then south along Route 555 to Route Thruway, south along the Thruway to descriptions above. 553; then east along Route 553 to Route Route 7, southwest along Route 7 to South Zone: Same as for ducks. 649; then north along Route 649 to Schenectady County Route 103, south North Zone: Same as for ducks. Route 670; then east along Route 670 to along Route 103 to Route 406, east along Route 47; then north along Route 47 to Maine Route 406 to Schenectady County Route Route 548; then east along Route 548 to 99 (Windy Hill Road), south along Route Same zones as for ducks. Route 49; then east along Route 49 to 99 to Dunnsville Road, south along Route 50; then south along Route 50 to Maryland Dunnsville Road to Route 397, Route 9; then south along Route 9 to southwest along Route 397 to Route 146 Resident Population (RP) Zone: Route 625 (Sea Isle City Boulevard); at Altamont, west along Route 146 to Garrett, Allegany, Washington, then east along Route 625 to the Atlantic Albany County Route 252, northwest Frederick, and Montgomery Counties; Ocean; then north to the beginning along Route 252 to Schenectady County that portion of Prince George’s County point. Route 131, north along Route 131 to west of Route 3 and Route 301; that New York Route 7, west along Route 7 to Route 10 portion of Charles County west of Route at Richmondville, south on Route 10 to Lake Champlain Goose Area: The 301 to the Virginia State line; and that Route 23 at Stamford, west along Route same as the Lake Champlain Waterfowl portion of Carroll County west of Route 23 to Route 7 in Oneonta, southwest Hunting Zone, which is that area of New 31 to the intersection of Route 97, and along Route 7 to Route 79 to Interstate York State lying east and north of a west of Route 97 to the Pennsylvania Route 88 near Harpursville, west along continuous line extending along Route line. Route 88 to Interstate Route 81, north 11 from the New York–Canada AP Zone: Remainder of the State. along Route 81 to the point of International boundary south to Route beginning. Massachusetts 9B, south along Route 9B to Route 9, NAP Zone: Central and Coastal Zones south along Route 9 to Route 22 south West Central Goose Area: That area of (see duck zones). of Keeseville, south along Route 22 to New York State lying within a AP Zone: The Western Zone (see duck the west shore of South Bay along and continuous line beginning at the point zones). around the shoreline of South Bay to where the northerly extension of Route Special Late Season Area: The Central Route 22 on the east shore of South Bay, 269 (County Line Road on the Niagara– Zone and that portion of the Coastal southeast along Route 22 to Route 4, Orleans County boundary) meets the Zone (see duck zones) that lies north of northeast along Route 4 to the New International boundary with Canada, the Cape Cod Canal, north to the New York–Vermont boundary. south to the shore of Lake Ontario at the Hampshire line. Northeast Goose Area: The same as eastern boundary of Golden Hill State the Northeastern Waterfowl Hunting Park, south along the extension of Route New Hampshire Zone, which is that area of New York 269 and Route 269 to Route 104 at Same zones as for ducks. State lying north of a continuous line Jeddo, west along Route 104 to Niagara extending from Lake Ontario east along County Route 271, south along Route New Jersey the north shore of the Salmon River to 271 to Route 31E at Middleport, south North: That portion of the State Interstate 81, south along Interstate along Route 31E to Route 31, west along within a continuous line that runs east Route 81 to Route 31, east along Route Route 31 to Griswold Street, south along along the New York State boundary line 31 to Route 13, north along Route 13 to Griswold Street to Ditch Road, south to the Hudson River; then south along Route 49, east along Route 49 to Route along Ditch Road to Foot Road, south the New York State boundary to its 365, east along Route 365 to Route 28, along Foot Road to the north bank of intersection with Route 440 at Perth east along Route 28 to Route 29, east Tonawanda Creek, west along the north Amboy; then west on Route 440 to its along Route 29 to Route 22 at bank of Tonawanda Creek to Route 93, intersection with Route 287; then west Greenwich Junction, north along Route south along Route 93 to Route 5, east along Route 287 to its intersection with 22 to Washington County Route 153, along Route 5 to Crittenden–Murrays Route 206 in Bedminster (Exit 18); then east along CR 153 to the New York– Corners Road, south on Crittenden– north along Route 206 to its intersection Vermont boundary, exclusive of the Murrays Corners Road to the NYS with Route 94: then west along Route 94 Lake Champlain Zone. Thruway, east along the Thruway 90 to to the tollbridge in Columbia; then north East Central Goose Area: That area of Route 98 (at Thruway Exit 48) in along the Pennsylvania State boundary New York State lying inside of a Batavia, south along Route 98 to Route in the Delaware River to the beginning continuous line extending from 20, east along Route 20 to Route 19 in point. Interstate Route 81 in Cicero, east along Pavilion Center, south along Route 19 to

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Route 63, southeast along Route 63 to Dunnsville Road to Route 397, County Route (CR) 104 (Riverleigh Route 246, south along Route 246 to southwest along Route 397 to Route 146 Avenue); then south on CR 104 to CR 31 Route 39 in Perry, northeast along Route at Altamont, southeast along Route 146 (Old Riverhead Road); then south on CR 39 to Route 20A, northeast along Route to Main Street in Altamont, west along 31 to Oak Street; then south on Oak 20A to Route 20, east along Route 20 to Main Street to Route 156, southeast Street to Potunk Lane; then west on Route 364 (near Canandaigua), south along Route 156 to Albany County Stevens Lane; then south on Jessup and east along Route 364 to Yates Route 307, southeast along Route 307 to Avenue (in Westhampton Beach) to County Route 18 (Italy Valley Road), Route 85A, southwest along Route 85A Dune Road (CR 89); then due south to southwest along Route 18 to Yates to Route 85, south along Route 85 to international waters. County Route 34, east along Route 34 to Route 443, southeast along Route 443 to Western Long Island Goose Area (RP Yates County Route 32, south along Albany County Route 301 at Clarksville, Area): That area of Westchester County Route 32 to Steuben County Route 122, southeast along Route 301 to Route 32, and its tidal waters southeast of south along Route 122 to Route 53, south along Route 32 to Route 23 at Interstate Route 95 and that area of south along Route 53 to Steuben County Cairo, west along Route 23 to Joseph Nassau and Suffolk Counties lying west Route 74, east along Route 74 to Route Chadderdon Road, southeast along of a continuous line extending due 54A (near Pulteney), south along Route Joseph Chadderdon Road to Hearts south from the New York–Connecticut 54A to Steuben County Route 87, east Content Road (Greene County Route 31), boundary to the northernmost end of the along Route 87 to Steuben County Route southeast along Route 31 to Route 32, Sunken Meadow State Parkway; then 96, east along Route 96 to Steuben south along Route 32 to Greene County south on the Sunken Meadow Parkway County Route 114, east along Route 114 Route 23A, east along Route 23A to to the Sagtikos State Parkway; then to Schuyler County Route 23, east and Interstate Route 87 (the NYS Thruway), south on the Sagtikos Parkway to the southeast along Route 23 to Schuyler south along Route 87 to Route 28 (Exit Robert Moses State Parkway; then south County Route 28, southeast along Route 19) near Kingston, northwest on Route on the Robert Moses Parkway to its 28 to Route 409 at Watkins Glen, south 28 to Route 209, southwest on Route southernmost end; then due south to along Route 409 to Route 14, south 209 to the New York–Pennsylvania international waters. along Route 14 to Route 224 at Montour boundary, southeast along the New Central Long Island Goose Area (NAP Falls, east along Route 224 to Route 228 York–Pennsylvania boundary to the Low Harvest Area): That area of Suffolk in Odessa, north along Route 228 to New York–New Jersey boundary, County lying between the Western and Route 79 in Mecklenburg, east along southeast along the New York–New Eastern Long Island Goose Areas, as Route 79 to Route 366 in Ithaca, Jersey boundary to Route 210 near defined above. South Goose Area: The remainder of northeast along Route 366 to Route 13, Greenwood Lake, northeast along Route New York State, excluding New York northeast along Route 13 to Interstate 210 to Orange County Route 5, northeast City. Route 81 in Cortland, north along Route along Orange County Route 5 to Route Special Late Canada Goose Area: That 81 to the north shore of the Salmon 105 in the Village of Monroe, east and area of the Central Long Island Goose River to shore of Lake Ontario, north along Route 105 to Route 32, Area lying north of State Route 25A and extending generally northwest in a northeast along Route 32 to Orange west of a continuous line extending straight line to the nearest point of the County Route 107 (Quaker Avenue), east northward from State Route 25A along International boundary with Canada, along Route 107 to Route 9W, north Randall Road (near Shoreham) to North south and west along the International along Route 9W to the south bank of Country Road, then east to Sound Road boundary to the point of beginning. Moodna Creek, southeast along the and then north to Long Island Sound south bank of Moodna Creek to the New Hudson Valley Goose Area: That area and then due north to the New York– Windsor–Cornwall town boundary, of New York State lying within a Connecticut boundary. continuous line extending from Route 4 northeast along the New Windsor– at the New York–Vermont boundary, Cornwall town boundary to the Orange– North Carolina west and south along Route 4 to Route Dutchess County boundary (middle of SJBP Hunt Zone: Includes the 149 at Fort Ann, west on Route 149 to the Hudson River), north along the following Counties or portions of Route 9, south along Route 9 to county boundary to Interstate Route 84, Counties: Anson, Cabarrus, Chatham, Interstate Route 87 (at Exit 20 in Glens east along Route 84 to the Dutchess– Davidson, Durham, Halifax (that portion Falls), south along Route 87 to Route 29, Putnam County boundary, east along the east of NC 903), Montgomery (that west along Route 29 to Route 147 at county boundary to the New York– portion west of NC 109), Northampton, Kimball Corners, south along Route 147 Connecticut boundary, north along the Richmond (that portion south of NC 73 to Schenectady County Route 40 (West New York–Connecticut boundary to the and west of US 220 and north of US 74), Glenville Road), west along Route 40 to New York–Massachusetts boundary, Rowan, Stanly, Union, and Wake. Touareuna Road, south along Touareuna north along the New York– RP Hunt Zone: Includes the following Road to Schenectady County Route 59, Massachusetts boundary to the New Counties or portions of Counties: south along Route 59 to State Route 5, York–Vermont boundary, north to the Alamance, Alleghany, Alexander, Ashe, east along Route 5 to the Lock 9 bridge, point of beginning. Avery, Beaufort, Bertie (that portion southwest along the Lock 9 bridge to Eastern Long Island Goose Area (NAP south and west of a line formed by NC Route 5S, southeast along Route 5S to High Harvest Area): That area of Suffolk 45 at the Washington Co. line to US 17 Schenectady County Route 58, County lying east of a continuous line in Midway, US 17 in Midway to US 13 southwest along Route 58 to the NYS extending due south from the New in Windsor, US 13 in Windsor to the Thruway, south along the Thruway to York–Connecticut boundary to the Hertford Co. line), Bladen, Brunswick, Route 7, southwest along Route 7 to northernmost end of Roanoke Avenue in Buncombe, Burke, Caldwell, Carteret, Schenectady County Route 103, south the Town of Riverhead; then south on Caswell, Catawba, Cherokee, Clay, along Route 103 to Route 406, east along Roanoke Avenue (which becomes Cleveland, Columbus, Craven, Route 406 to Schenectady County Route County Route 73) to State Route 25; then Cumberland, Davie, Duplin, Edgecombe, 99 (Windy Hill Road), south along Route west on Route 25 to Peconic Avenue; Forsyth, Franklin, Gaston, Gates, 99 to Dunnsville Road, south along then south on Peconic Avenue to Graham, Granville, Greene, Guilford,

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Halifax (that portion west of NC 903), junction of SC Highway 45 and State Route 161 to Illinois Route 158, south Harnett, Haywood, Henderson, Hertford, Road S–8–31 and that portion west of and west along Illinois Route 158 to Hoke, Iredell, Jackson, Johnston, Jones, the Santee Dam. Illinois Route 159, south along Illinois Lee, Lenoir, Lincoln, McDowell, Macon, Route 159 to Illinois Route 3, south Vermont Madison, Martin, Mecklenburg, along Illinois Route 3 to St. Leo’s Road, Mitchell, Montgomery (that portion that Same zones as for ducks. south along St. Leo’s road to Modoc is east of NC 109), Moore, Nash, New Virginia Road, west along Modoc Road to Modoc Hanover, Onslow, Orange, Pamlico, Ferry Road, southwest along Modoc Pender, Person, Pitt, Polk, Randolph, AP Zone: The area east and south of Ferry Road to Levee Road, southeast Richmond (all of the county with the following line—the Stafford County along Levee Road to County Route 12 exception of that portion that is south of line from the Potomac River west to (Modoc Ferry entrance Road), south NC 73 and west of US 220 and north of Interstate 95 at Fredericksburg, then along County Route 12 to the Modoc US 74), Robeson, Rockingham, south along Interstate 95 to Petersburg, Ferry route and southwest on the Modoc Rutherford, Sampson, Scotland, Stokes, then Route 460 (SE) to City of Suffolk, Ferry route across the Mississippi River Surry, Swain, Transylvania, Vance, then south along Route 32 to the North to the Missouri border. Warren, Watauga, Wayne, Wilkes, Carolina line. South Zone: Same zones as for ducks. Wilson, Yadkin, and Yancey. SJBP Zone: The area to the west of the South Central Zone: Same zones as Northeast Hunt Unit: Includes the AP Zone boundary and east of the for ducks. following line: the ‘‘Blue Ridge’’ following Counties or portions of Indiana Counties: Bertie (that portion north and (mountain spine) at the West Virginia– east of a line formed by NC 45 at the Virginia Border (Loudoun County– Same zones as for ducks but in Washington County line to US 17 in Clarke County line) south to Interstate addition: Midway, US 17 in Midway to US 13 in 64 (the Blue Ridge line follows county Special Canada Goose Seasons borders along the western edge of Windsor, US 13 in Windsor to the Late Canada Goose Season Zone: That Hertford Co. line), Camden, Chowan, Loudoun–Fauquier–Rappahannock– Madison–Greene–Albemarle and into part of the State encompassed by the Currituck, Dare, Hyde, Pasquotank, following Counties: Steuben, Lagrange, Perquimans, Tyrrell, and Washington. Nelson Counties), then east along Interstate Rt. 64 to Route 15, then south Elkhart, St. Joseph, La Porte, Starke, Pennsylvania along Rt. 15 to the North Carolina line. Marshall, Kosciusko, Noble, De Kalb, Resident Canada Goose Zone: All of RP Zone: The remainder of the State Allen, Whitley, Huntington, Wells, Pennsylvania except for SJBP Zone and west of the SJBP Zone. Adams, Boone, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan, the area east of route SR 97 from the Mississippi Flyway Maryland State Line to the intersection Johnson, and Shelby. Experimental Late Canada Goose of SR 194, east of SR 194 to intersection Alabama Season Zone: That part of the State of US Route 30, south of US Route 30 Same zones as for ducks, but in encompassed by the following Counties: to SR 441, east of SR 441 to SR 743, east addition: Vermillion, Parke, Vigo, Clay, Sullivan, of SR 743 to intersection of I–81, east of SJBP Zone: That portion of Morgan and Greene. I–81 to intersection of I–80, and south County east of U.S. Highway 31, north of I–80 to the New Jersey State line. of State Highway 36, and west of U.S. Iowa SJBP Zone: The area north of I–80 and 231; that portion of Limestone County Same zones as for ducks. west of I–79 including in the city of Erie south of U.S. 72; and that portion of west of Bay Front Parkway to and Madison County south of Swancott Kentucky including the Lake Erie Duck zone (Lake Road and west of Triana Road. Western Zone: That portion of the Erie, Presque Isle, and the area within Arkansas State west of a line beginning at the 150 yards of the Lake Erie Shoreline). Tennessee State line at Fulton and AP Zone: The area east of route SR 97 Northwest Zone: Baxter, Benton, extending north along the Purchase from Maryland State Line to the Boone, Carroll, Conway, Crawford, Parkway to Interstate Highway 24, east intersection of SR 194, east of SR 194 to Faulkner, Franklin, Johnson, Logan, along I–24 to U.S. Highway 641, north intersection of US Route 30, south of US Madison, Marion, Newton, Perry, Pope, along U.S. 641 to U.S. 60, northeast Route 30 to SR 441, east of SR 441 to Pulaski, Searcy, Sebastian, Scott, Van along U.S. 60 to the Henderson County SR 743, east of SR 743 to intersection of Buren, Washington, and Yell Counties. line, then south, east, and northerly I–81, east of I–81 to intersection of I–80, Illinois along the Henderson County line to the south of I–80 to New Jersey State line. North Zone: That portion of the State Indiana State line. Pennyroyal/Coalfield Zone: Butler, Rhode Island north of a line extending west from the Daviess, Ohio, Simpson, and Warren Indiana border along Interstate 80 to I– Special Area for Canada Geese: Kent Counties and all counties lying west to 39, south along I–39 to Illinois Route 18, and Providence Counties and portions the boundary of the Western Goose west along Illinois Route 18 to Illinois of the towns of Exeter and North Zone. Kingston within Washington County Route 29, south along Illinois Route 29 (see State regulations for detailed to Illinois Route 17, west along Illinois Louisiana descriptions). Route 17 to the Mississippi River, and Same zones as for ducks. due south across the Mississippi River South Carolina to the Iowa border. Michigan Canada Goose Area: Statewide except Central Zone: That portion of the (a) North Zone—Same as North duck for Clarendon County, that portion of State south of the North Goose Zone line zone. Orangeburg County north of SC to a line extending west from the (b) Middle Zone—Same as Middle Highway 6, and that portion of Berkeley Indiana border along I–70 to Illinois duck zone. County north of SC Highway 45 from Route 4, south along Illinois Route 4 to (c) South Zone—Same as South duck the Orangeburg County line to the Illinois Route 161, west along Illinois zone.

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Tuscola/Huron Goose Management CSAH 24, Dodge County; thence along the east shore of the Fond Du Lac River, Unit (GMU): Those portions of Tuscola CSAH 24 to CSAH 13, Olmsted County; northerly along the east shore of the and Huron Counties bounded on the thence along CSAH 13 to U.S. Highway Fond Du Lac River to Lake Winnebago, south by Michigan Highway 138 and 52; thence along U.S. Highway 52 to northerly along the western shoreline of Bay City Road, on the east by Colwood CSAH 12, Olmsted County; thence along Lake Winnebago to the Fox River, then and Bay Port Roads, on the north by CSAH 12 to STH 247; thence along STH westerly along the Fox River to State 21. Kilmanagh Road and a line extending 247 to the point of beginning. Exterior Zone: That portion of the directly west off the end of Kilmanagh State not included in the Horicon Zone. Missouri Road into Saginaw Bay to the west Mississippi River Subzone: That area boundary, and on the west by the Same zones as for ducks. encompassed by a line beginning at the intersection of the Burlington Northern Tuscola–Bay County line and a line Ohio extending directly north off the end of & Santa Fe Railway and the Illinois the Tuscola–Bay County line into Lake Erie Goose Zone: That portion of State line in Grant County and Saginaw Bay to the north boundary. Ohio north of a line beginning at the extending northerly along the Allegan County GMU: That area Michigan border and extending south Burlington Northern & Santa Fe Railway encompassed by a line beginning at the along Interstate 75 to Interstate 280, to the city limit of Prescott in Pierce junction of 136th Avenue and Interstate south on Interstate 280 to Interstate 80, County, then west along the Prescott Highway 196 in Lake Town Township and east on Interstate 80 to the city limit to the Minnesota State line. and extending easterly along 136th Pennsylvania border. Brown County Subzone: That area Avenue to Michigan Highway 40, North Zone: That portion of Ohio encompassed by a line beginning at the southerly along Michigan 40 through north of a line beginning at the Indiana intersection of the Fox River with Green the city of Allegan to 108th Avenue in border and extending east along Bay in Brown County and extending Trowbridge Township, westerly along Interstate 70 to the West Virginia border southerly along the Fox River to State 108th Avenue to 46th Street, northerly excluding the portion of Ohio within Highway 29, northwesterly along State along 46th Street to 109th Avenue, the Lake Erie Goose Zone. 29 to the Brown County line, south, westerly along 109th Avenue to I–196 in South Zone: The remainder of Ohio. east, and north along the Brown County Casco Township, then northerly along Tennessee line to Green Bay, due west to the I–196 to the point of beginning. midpoint of the Green Bay Ship Saginaw County GMU: That portion of Southwest Zone: That portion of the Channel, then southwesterly along the Saginaw County bounded by Michigan State south of State Highways 20 and Green Bay Ship Channel to the Fox Highway 46 on the north; Michigan 52 104, and west of U.S. Highways 45 and River. on the west; Michigan 57 on the south; 45W. Central Flyway and Michigan 13 on the east. Northwest Zone: Lake, Obion, and Muskegon Wastewater GMU: That Weakley Counties and those portions of Colorado (Central Flyway Portion) Gibson and Dyer Counties not included portion of Muskegon County within the Northern Front Range Area: All areas boundaries of the Muskegon County in the Southwest Tennessee Zone. Kentucky/Barkley Lakes Zone: That in Boulder, Larimer and Weld Counties wastewater system, east of the from the Continental Divide east along Muskegon State Game Area, in sections portion of the State bounded on the west by the eastern boundaries of the the Wyoming border to U.S. 85, south 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32, on U.S. 85 to the Adams County line, T10N R14W, and sections 1, 2, 10, 11, Northwest and Southwest Zones and on the east by State Highway 13 from the and all lands in Adams, Arapahoe, 12, 13, 14, 24, and 25, T10N R15W, as Broomfield, Clear Creek, Denver, posted. Alabama State line to Clarksville and U.S. Highway 79 from Clarksville to the Douglas, Gilpin, and Jefferson Counties. Special Canada Goose Seasons: North Park Area: Jackson County. Southern Michigan Late Season Kentucky State line. South Park and San Luis Valley Area: Canada Goose Zone: Same as the South Wisconsin All of Alamosa, Chaffee, Conejos, Duck Zone excluding Tuscola/Huron Costilla, Custer, Fremont, Lake, Park, Goose Management Unit (GMU), Same zones as for ducks but in Rio Grande and Teller Counties, and Allegan County GMU, Saginaw County addition: those portions of Saguache, Mineral and GMU, and Muskegon Wastewater GMU. Horicon Zone: That area encompassed by a line beginning at the intersection of Hinsdale Counties east of the Minnesota State Highway 21 and the Fox River in Continental Divide. Same zones as for ducks but in Winnebago County and extending Remainder: Remainder of the Central addition: westerly along State 21 to the west Flyway portion of Colorado. Rochester Goose Zone: That part of boundary of Winnebago County, Eastern Colorado Late Light Goose the State within the following described southerly along the west boundary of Area: That portion of the State east of boundary: Winnebago County to the north Interstate Highway 25. Beginning at the intersection of State boundary of Green Lake County, Nebraska Trunk Highway (STH) 247 and County westerly along the north boundaries of State Aid Highway (CSAH) 4, Wabasha Green Lake and Marquette Counties to Dark Geese County; thence along CSAH 4 to CSAH State 22, southerly along State 22 to Niobrara Unit: That area contained 10, Olmsted County; thence along CSAH State 33, westerly along State 33 to within and bounded by the intersection 10 to CSAH 9, Olmsted County; thence Interstate Highway 39, southerly along of the South Dakota State line and the along CSAH 9 to CSAH 22, Winona Interstate Highway 39 to Interstate eastern Cherry County line, south along County; thence along CSAH 22 to STH Highway 90/94, southerly along I–90/94 the Cherry County line to the Niobrara 74; thence along STH 74 to STH 30; to State 60, easterly along State 60 to River, east to the Norden Road, south on thence along STH 30 to CSAH 13, Dodge State 83, northerly along State 83 to the Norden Road to U.S. Hwy 20, east County; thence along CSAH 13 to U.S. State 175, northerly along State 175 to along U.S. Hwy 20 to NE Hwy 14, north Highway 14; thence along U.S. Highway State 33, easterly along State 33 to U.S. along NE Hwy 14 to NE Hwy 59 and 14 to STH 57; thence along STH 57 to Highway 45, northerly along U.S. 45 to County Road 872, west along County

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Road 872 to the Knox County Line, Dark Geese 81 and U.S. 287 to I–35W and I–35 to north along the Knox County Line to the Middle Rio Grande Valley Unit: the juncture with I–10 in San Antonio, South Dakota State line. Where the Sierra, Socorro, and Valencia Counties. then east on I–10 to the Texas-Louisiana Niobrara River forms the boundary, both Remainder: The remainder of the border. banks of the river are included in the Central Flyway portion of New Mexico. Southeast Goose Zone: That portion Niobrara Unit. of Texas lying east and south of a line East Unit: That area north and east of North Dakota beginning at the International Toll U.S. 81 at the Kansas-Nebraska State Missouri River Canada Goose Zone: Bridge at Laredo, then continuing north line, north to NE Hwy 91, east to U.S. The area within and bounded by a line following I–35 to the juncture with I–10 275, south to U.S. 77, south to NE 91, starting where ND Hwy 6 crosses the in San Antonio, then easterly along I– east to U.S. 30, east to Nebraska-Iowa South Dakota border; thence north on 10 to the Texas-Louisiana border. State line. ND Hwy 6 to I–94; thence west on I–94 West Goose Zone: The remainder of Platte River Unit: That area north and to ND Hwy 49; thence north on ND Hwy the State. west of U.S. 81 at the Kansas-Nebraska 49 to ND Hwy 200; thence north on Wyoming (Central Flyway Portion) State line, north to NE Hwy 91, west Mercer County Rd. 21 to the section line Dark Geese along NE 91 to NE 11, north to the Holt between sections 8 and 9 (T146N– County line, west along the northern R87W); thence north on that section line Zone C1: Converse, Hot Springs, border of Garfield, Loup, Blaine and to the southern shoreline to Lake Natrona, and Washakie Counties, and Thomas Counties to the Hooker County Sakakawea; thence east along the the portion of Park County east of the line, south along the Thomas-Hooker southern shoreline (including Mallard Shoshone National Forest boundary and County lines to the McPherson County Island) of Lake Sakakawea to US Hwy south of a line beginning where the line, east along the south border of 83; thence south on US Hwy 83 to ND Shoshone National Forest boundary Thomas County to the western line of Hwy 200; thence east on ND Hwy 200 crosses Park County Road 8VC, easterly Custer County, south along the Custer- to ND Hwy 41; thence south on ND Hwy along said road to Park County Road Logan County line to NE 92, west to 41 to US Hwy 83; thence south on US 1AB, easterly along said road to U.S. 83, north to NE 92, west to NE 61, Hwy 83 to I–94; thence east on I–94 to Wyoming Highway 120, northerly along south along NE 61 to NE 92, west along US Hwy 83; thence south on US Hwy said highway to Wyoming Highway 294, NE 92 to U.S. Hwy 26, south along U.S. 83 to the South Dakota border; thence southeasterly along said highway to Hwy 26 to Keith County Line, south west along the South Dakota border to Lane 9, easterly along said lane to the along Keith County Line to the Colorado ND Hwy 6. town of Powel and Wyoming Highway State line. Rest of State: Remainder of North 14A, easterly along said highway to the Panhandle Unit: That area north and Dakota. Park County and Big Horn County Line. Zone C2: Albany, Campbell, Crook, west of Keith-Deuel County Line at the South Dakota Nebraska-Colorado State line, north Johnson, Laramie, Niobrara, Sheridan, Canada Geese along the Keith County Line to U.S. and Weston Counties, and that portion Hwy 26, west to NE Hwy 92, east to NE Unit 1: Remainder of South Dakota. of Carbon County east of the Continental Hwy 61, north along NE Hwy 61 to NE Unit 2: Gregory, Hughes, Lyman, Divide; that portion of Park County west Hwy 2, west along NE 2 to the corner Perkins, and Stanley Counties; that of the Shoshone National Forest formed by Garden—Grant—Sheridan portion of Potter County west of US boundary, and that portion of Park Counties, west along the north border of Highway 83; that portion of Sully County north of a line beginning where Garden, Morrill, and Scotts Bluff County west of US Highway 83; that the Shoshone National Forest boundary Counties to the intersection of the portion of Bon Homme, Brule, Buffalo, crosses Park County Road 8VC, easterly Interstate Canal, west to the Wyoming Charles Mix, and Hyde County south along said road to Park County Road State line. and west of a line beginning at the 1AB, easterly along said road to Wyoming Highway 120, northerly along North—Central Unit: The remainder Hughes-Hyde County line on SD said highway to Wyoming Highway 294, of the State. Highway 34, east to Lees Boulevard, southeast to SD 34, east 7 miles to 350th southeasterly along said highway to Light Geese Avenue, south to I–90, south and east Lane 9, easterly along said lane to the town of Powel and Wyoming Highway Rainwater Basin Light Goose Area on SD Highway 50 to Geddes, east on 285th Street to US Highway 281, south 14A, easterly along said highway to the (West): The area bounded by the Park County and Big Horn County Line. junction of U.S. 283 and U.S. 30 at on US Highway 281 to SD 50, east and Lexington, east on U.S. 30 to U.S. 281, south on SD 50 to the Bon Homme- Pacific Flyway Yankton County boundary; that portion south on U.S. 281 to NE 4, west on NE Arizona 4 to U.S. 34, continue west on U.S. 34 of Fall River County east of SD Highway to U.S. 283, then north on U.S. 283 to 71 and US Highway 385; that portion of North Zone: Game Management Units the beginning. Custer County east of SD Highway 79 1–5, those portions of Game and south of French Creek; that portion Management Units 6 and 8 within Rainwater Basin Light Goose Area of Dewey County south of BIA Road 8, Coconino County, and Game (East): The area bounded by the junction BIA Road 9, and the section of US 212 Management Units 7, 9, and 12A. of U.S. 281 and U.S. 30 at Grand Island, east of BIA Road 8 junction. South Zone: Those portions of Game north and east on U.S. 30 to NE 14, Unit 3: Bennett County. Management Units 6 and 8 in Yavapai south to NE 66, east to US 81, north to County, and Game Management Units NE 92, east on NE 92 to NE 15, south Texas 10 and 12B–45. on NE 15 to NE 4, west on NE 4 to U.S. Northeast Goose Zone: That portion of 281, north on U.S. 281 to the beginning. Texas lying east and north of a line California Remainder of State: The remainder beginning at the Texas-Oklahoma border Northeastern Zone: In that portion of portion of Nebraska. at U.S. 81, then continuing south to California lying east and north of a line New Mexico (Central Flyway Portion) Bowie and then southeasterly along U.S. beginning at the intersection of

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Interstate 5 with the California-Oregon beginning at Highway 86 and the Navy Minidoka, Owyhee, Payette, Twin Falls, line; south along Interstate 5 to its Test Base Road; south on Highway 86 to and Washington Counties. junction with Walters Lane south of the the town of Westmoreland; continue Zone 3: Bingham County south of town of Yreka; west along Walters Lane through the town of Westmoreland to State Highway 20 and west of the west to its junction with Easy Street; south Route S26; east on Route S26 to bank of the Snake River and the along Easy Street to the junction with Highway 115; north on Highway 115 to American Falls Reservoir bluff and Old Highway 99; south along Old Weist Rd.; north on Weist Rd. to Power County north of Interstate 86 and Highway 99 to the point of intersection Flowing Wells Rd.; northeast on west of the west bank of the Snake River with Interstate 5 north of the town of Flowing Wells Rd. to the Coachella and the American Falls Reservoir bluff. Weed; south along Interstate 5 to its Canal; northwest on the Coachella Canal Montana (Pacific Flyway Portion) junction with Highway 89; east and to Drop 18; a straight line from Drop 18 south along Highway 89 to main street to Frink Rd.; south on Frink Rd. to East of the Divide Zone: The Pacific Greenville; north and east to its junction Highway 111; north on Highway 111 to Flyway portion of the State located east with North Valley Road; south to its Niland Marina Rd.; southwest on Niland of the Continental Divide. junction of Diamond Mountain Road; Marina Rd. to the old Imperial County West of the Divide Zone: The north and east to its junction with North boat ramp and the water line of the remainder of the Pacific Flyway portion Arm Road; south and west to the Salton Sea; from the water line of the of Montana. junction of North Valley Road; south to Salton Sea, a straight line across the Nevada the junction with Arlington Road (A22); Salton Sea to the Salinity Control west to the junction of Highway 89; Research Facility and the Navy Test Northeast Zone: All of Elko and White south and west to the junction of Base Road; southwest on the Navy Test Pine Counties. Highway 70; east on Highway 70 to Base Road to the point of beginning. Northwest Zone: All of Carson City, Churchill, Douglas, Esmeralda, Eureka, Highway 395; south and east on Balance-of-State Zone: The remainder Humboldt, Lander, Lyon, Mineral, Nye, Highway 395 to the point of intersection of California not included in the Pershing, Storey, and Washoe Counties. with the California-Nevada State line; Northeastern, Southern, and the South Zone: All of Clark and Lincoln north along the California-Nevada State Colorado River Zones. County. line to the junction of the California- North Coast Special Management Nevada-Oregon State lines west along New Mexico (Pacific Flyway Portion) Area: The Counties of Del Norte and North Zone: The Pacific Flyway the California–Oregon State line to the Humboldt. point of origin. portion of New Mexico located north of Sacramento Valley Special Colorado River Zone: Those portions I–40. of San Bernardino, Riverside, and Management Area: That area bounded South Zone: The Pacific Flyway Imperial Counties east of a line by a line beginning at Willows south on portion of New Mexico located south of extending from the Nevada border south I–5 to Hahn Road; easterly on Hahn I–40. Road and the Grimes-Arbuckle Road to along U.S. 95 to Vidal Junction; south Oregon on a road known as ‘‘Aqueduct Road’’ Grimes; northerly on CA 45 to the in San Bernardino County through the junction with CA 162; northerly on CA Southwest Zone: Those portions of town of Rice to the San Bernardino- 45/162 to Glenn; and westerly on CA Douglas, Coos, and Curry Counties east Riverside County line; south on a road 162 to the point of beginning in of Highway 101, and Josephine and known in Riverside County as the Willows. Jackson Counties. ‘‘Desert Center to Rice Road’’ to the Colorado (Pacific Flyway Portion) South Coast Zone: Those portions of town of Desert Center; east 31 miles on Douglas, Coos, and Curry Counties west I–10 to the Wiley Well Road; south on West Central Area: Archuleta, Delta, of Highway 101. this road to Wiley Well; southeast along Dolores, Gunnison, LaPlata, Northwest Special Permit Zone: That the Army-Milpitas Road to the Blythe, Montezuma, Montrose, Ouray, San Juan, portion of western Oregon west and Brawley, Davis Lake intersections; south and San Miguel Counties and those north of a line running south from the on the Blythe-Brawley paved road to the portions of Hinsdale, Mineral, and Columbia River in Portland along I–5 to Ogilby and Tumco Mine Road; south on Saguache Counties west of the OR 22 at Salem; then east on OR 22 to this road to U.S. 80; east 7 miles on U.S. Continental Divide. the Stayton Cutoff; then south on the 80 to the Andrade-Algodones Road; State Area: The remainder of the Stayton Cutoff to Stayton and due south south on this paved road to the Mexican Pacific-Flyway Portion of Colorado. to the Santiam River; then west along the north shore of the Santiam River to border at Algodones, Mexico. Idaho Southern Zone: That portion of I–5; then south on I–5 to OR 126 at southern California (but excluding the Zone 1: Adams, Bannock, Bear Lake, Eugene; then west on OR 126 to Colorado River Zone) south and east of Benewah, Bingham north of State Greenhill Road; then south on Greenhill a line extending from the Pacific Ocean Highway 20 and east of the west bank Road to Crow Road; then west on Crow east along the Santa Maria River to CA of the Snake River and the American Road to Territorial Hwy; then west on 166 near the City of Santa Maria; east on Falls Reservoir bluff, Blaine, Bonner, Territorial Hwy to OR 126; then west on CA 166 to CA 99; south on CA 99 to the Bonneville, Boundary, Butte, Camas, OR 126 to Milepost 19; then north to the crest of the Tehachapi Mountains at Caribou, Clark, Clearwater, Custer, intersection of the Benton and Lincoln Tejon Pass; east and north along the Franklin, Fremont, Idaho, Jefferson, County line; then north along the crest of the Tehachapi Mountains to CA Kootenai, Latah, Lemhi, Lewis, western boundary of Benton and Polk 178 at Walker Pass; east on CA 178 to Madison, Nez Perce, Oneida, Power Counties to the southern boundary of U.S. 395 at the town of Inyokern; south south of Interstate 86 and east of the Tillamook County; then west along the on U.S. 395 to CA 58; east on CA 58 to west bank of the Snake River and the Tillamook County boundary to the I–15; east on I–15 to CA 127; north on American Falls Reservoir bluff, Pacific Coast. CA 127 to the Nevada border. Shoshone, Teton, and Valley Counties. Lower Columbia/N. Willamette Valley Imperial County Special Management Zone 2: Ada, Boise, Canyon, Cassia, Management Area: Those portions of Area: The area bounded by a line Elmore, Gem, Gooding, Jerome, Lincoln, Clatsop, Columbia, Multnomah, and

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Washington Counties within the along the Rich County line to the Utah- South Coast Zone: Balance of the Northwest Special Permit Zone. Wyoming State line; north along this State. Tillamook County Management Area: line to the Utah-Idaho State line; west Washington All of Tillamook County. The following on this line to Stone, Idaho-Snowville, portion of the Tillamook County Utah road; southwest on this road to Puget Sound Zone: Skagit County. Management Area is closed to goose Locomotive Springs Wildlife Coastal Zone: Pacific County. hunting beginning at the point where Management Area; east on the county Swans Old Woods Rd crosses the south shores road, past Monument Point and across of Horn Creek, north on Old Woods Rd Salt Wells Flat, to the intersection with Central Flyway to Sand Lake Rd at Woods, north on Promontory Road; south on Promontory South Dakota: Aurora, Beadle, Sand Lake Rd to the intersection with Road to a point directly west of the Brookings, Brown, Brule, Buffalo, McPhillips Dr., due west (∼200 yards) northwest corner of the Bear River Campbell, Clark, Codington, Davison, from the intersection to the Pacific Migratory Bird Refuge boundary; east Deuel, Day, Edmunds, Faulk, Grant, coastline, south on the Pacific coastline along an imaginary line to the northwest Hamlin, Hand, Hanson, Hughes, Hyde, to Neskowin Creek, east along the north corner of the Refuge boundary; south Jerauld, Kingsbury, Lake, Marshall, shores of Neskowin Creek and then and east along the Refuge boundary to McCook, McPherson, Miner, Hawk Creek to Salem Ave, east on the southeast corner of the boundary; Minnehaha, Moody, Potter, Roberts, Salem Ave in Neskowin to Hawk Ave, northeast along the boundary to the Sanborn, Spink, Sully, and Walworth east on Hawk Ave to Hwy 101, north on Perry access road; east on the Perry Counties. Hwy 101 to Resort Dr., north on Resort access road to I–15; south on I–15 to the Dr. to a point due west of the south Weber-Box Elder County line. Pacific Flyway shores of Horn Creek at its confluence Remainder-of-the-State Zone: The Montana (Pacific Flyway Portion) with the Nestucca River, due east (∼80 remainder of Utah. yards) across the Nestucca River to the Open Area: Cascade, Chouteau, Hill, Washington south shores of Horn Creek, east along Liberty, and Toole Counties and those the south shores of Horn Creek to the Area 1: Skagit, Island, and Snohomish portions of Pondera and Teton Counties point of beginning. Counties. lying east of U.S. 287–89. Northwest Zone: Those portions of Area 2A (SW Quota Zone): Clark Nevada Clackamas, Lane, Linn, Marion, County, except portions south of the Multnomah, and Washington Counties Washougal River; Cowlitz County; and Open Area: Churchill, Lyon, and outside of the Northwest Special Permit Wahkiakum County. Pershing Counties. Zone and all of Lincoln County. Area 2B (SW Quota Zone): Pacific Utah Eastern Zone: Hood River, Wasco, County. Sherman, Gilliam, Morrow, Umatilla, Area 3: All areas west of the Pacific Open Area: Those portions of Box Deschutes, Jefferson, Crook, Wheeler, Crest Trail and west of the Big White Elder, Weber, Davis, Salt Lake, and Grant, Baker, Union, and Wallowa Salmon River that are not included in Toole Counties lying west of I–15, north Counties. Areas 1, 2A, and 2B. of I–80, and south of a line beginning Harney and Lake County Zone: All of Area 4: Adams, Benton, Chelan, from the Forest Street exit to the Bear Harney and Lake Counties. Douglas, Franklin, Grant, Kittitas, River National Wildlife Refuge Klamath County Zone: All of Klamath Lincoln, Okanogan, Spokane, and Walla boundary; then north and west along the County. Walla Counties. Bear River National Wildlife Refuge Malheur County Zone: All of Malheur Area 5: All areas east of the Pacific boundary to the farthest west boundary County. Crest Trail and east of the Big White of the Refuge; then west along a line to Promontory Road; then north on Utah Salmon River that are not included in Area 4. Promontory Road to the intersection of Northern Utah Zone: All of Cache and SR 83; then north on SR 83 to I–84; then Rich Counties, and that portion of Box Brant north and west on I–84 to State Hwy 30; Elder County beginning at I–15 and the Pacific Flyway then west on State Hwy 30 to the Weber-Box Elder County line; east and Nevada–Utah State line; then south on north along this line to the Weber-Cache California the Nevada–Utah State line to I–80. County line; east along this line to the North Coast Zone: Del Norte, [FR Doc. 2012–20078 Filed 8–16–12; 8:45 am] Cache-Rich County line; east and south Humboldt and Mendocino Counties. BILLING CODE 4310–55–P

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Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Status for the Gierisch Mallow and Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR We request that you send comments to designate critical habitat for the only by the methods described above. species. In total, approximately 5,189 Fish and Wildlife Service We will post all comments on http:// hectares (ha) (12,822 acres (ac)) are www.regulations.gov. This generally proposed for designation as critical 50 CFR Part 17 means that we will post any personal habitat in both Arizona and Utah. [Docket No. FWS–R2–ES–2012–0049; information you provide us (see the The Endangered Species Act provides 4500030113] Public Comments section below for the basis for our action. Under the more information). Endangered Species Act, we can RIN 1018–AY58 The coordinates, or plot points, or determine that a species is endangered both from which the critical habitat or threatened based on any of five Endangered and Threatened Wildlife maps are generated are included in the and Plants; Determination of Status for factors: (A) The present or threatened administrative record for this destruction, modification, or the Gierisch Mallow and Designation of rulemaking and are available at (http:// Critical Habitat curtailment of its habitat or range; (B) www.fws.gov/southwest/es/arizona/), overutilization for commercial, http://www.regulations.gov at Docket AGENCY: Fish and Wildlife Service, recreational, scientific, or educational Interior. No. FWS–R2–ES–2012–0049, and at the purposes; (C) disease or predation; (D) Arizona Ecological Services Field Office ACTION: Proposed rule. the inadequacy of existing regulatory (see FOR FURTHER INFORMATION CONTACT). mechanisms; or (E) other natural or SUMMARY: We, the U.S. Fish and Any additional tools or supporting manmade factors affecting its continued Wildlife Service, propose to list as information that we may develop for existence. Factors supporting the endangered the Gierisch mallow and this rulemaking will also be available at proposed endangered status for Gierisch propose critical habitat for the species the Fish and Wildlife Service Web site mallow include: and Field Office set out above, and may under the Endangered Species Act. This • Habitat loss and degradation of also be included in the preamble and/ action is being taken as the result of a appropriate gypsum soils as a result of or at http://www.regulations.gov. court-approved settlement agreement. mining operations and recreation These are proposed regulations, and if FOR FURTHER INFORMATION CONTACT: activities, including off-highway vehicle finalized, the effect of these regulations Steve Spangle, Field Supervisor, U.S. (OHV) use, target shooting, and trash will be to add the species to the List of Fish and Wildlife Service, Arizona dumping; Ecological Services Field Office, 2321 Endangered or Threatened Plants and to • Inadequate existing regulatory West Royal Palm Road, Suite 103, designate critical habitat under the mechanisms that allow significant Phoenix, AZ 85021; by telephone (602) Endangered Species Act. habitat-based impacts, such as 242–0210; or by facsimile (602) 242– DATES: We will accept comments regulations governing mining 2513. Persons who use a received or postmarked on or before operations; telecommunications device for the deaf October 16, 2012. We must receive • The spread of nonnative, invasive requests for public hearings, in writing, (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. plant species such as Bromus tectorum at the address shown in FOR FURTHER (cheatgrass) and B. rubens (red brome) SUPPLEMENTARY INFORMATION: INFORMATION CONTACT by October 1, that can alter native vegetation and 2012. Executive Summary promote conditions that support ADDRESSES: You may submit comments This document consists of a proposed wildfires; and by one of the following methods: rule to list as endangered Sphaeralcea • Other natural or manmade factors, (1) Electronically: Go to the Federal gierischii (Gierisch mallow) and to including the small population size of eRulemaking Portal: http:// designate critical habitat for Gierisch Gierisch mallow, natural environmental www.regulations.gov and search for mallow. In this proposed rule, we will variability, and climate conditions, such Docket No. FWS–R2–ES–2012–0049, refer to Sphaeralcea gierischii as as sustained drought. which is the docket number for this Gierisch mallow. This rule proposes designation of rulemaking. Then, in the Search panel Why we need to publish a rule. Under critical habitat for Gierisch mallow. on the left side of the screen, under the the Endangered Species Act, a species Under the Endangered Species Act, we Document Type heading, click on the may warrant protection through listing designate specific areas as critical Proposed Rules link to locate this if it is endangered or threatened habitat to foster conservation of listed document. You may submit a comment throughout all or a significant portion of species. Future actions funded, by clicking on ‘‘Comment Now!.’’ its range. In this proposal, we are permitted, or otherwise carried out by (2) By hard copy: Submit by U.S. mail explaining why Gierisch mallow Federal agencies will be reviewed to or hand-delivery to: Public Comments warrants protection under the ensure they do not adversely modify Processing, Attn: FWS–R2–ES–2012– Endangered Species Act. This rule critical habitat. Critical habitat does not 0049; Division of Policy and Directives proposes to list the Gierisch mallow as affect private actions on private lands Management; U.S. Fish and Wildlife endangered throughout its range in absent Federal funding. We are Service; 4401 N. Fairfax Drive, MS Mohave County, Arizona, and proposing the following areas as critical 2042–PDM; Arlington, VA 22203. Washington County, Utah, and proposes habitat for Gierisch mallow:

Federal State Critical habitat unit Arizona Utah Arizona Totals

Unit 1. Starvation Point ..... 0 ...... 1,022 ha (2,526 ac) ...... 316 ha (782 ac) ...... 1,339 ha (3,309 ac). Unit 2. Black Knolls ...... 3,586 ha (8,862 ac) ...... 0 ...... 263 ha (651 ac) ...... 3,850 ha (9,513 ac).

Totals ...... 3,586 ha (8,862 ac) ...... 1,022 ha (2,526 ac) ...... 580 ac (1,434 ac) ...... 5,189 ha (12,822 ac).

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We are preparing an economic (5) The reasons why we should or providing supporting information, analysis. To ensure that we consider the should not designate habitat as ‘‘critical although noted, will not be considered economic impacts of designating critical habitat’’ under section 4 of the in making a determination, as section habitat, we are preparing an economic Endangered Species Act of 1973, as 4(b)(1)(A) of the Act directs that analysis of the proposed critical habitat amended (Act) (16 U.S.C. 1531 et seq.) determinations as to whether any designation. We will publish an including whether there are threats to species is a threatened or endangered announcement and seek public the species from human activity, the species must be made ‘‘solely on the comments on the draft economic degree of which can be expected to basis of the best scientific and analysis when it is completed. increase due to the designation, and commercial data available.’’ We will request peer review of the whether that increase in threat You may submit your comments and methods used in our proposal. We will outweighs the benefit of designation materials concerning this proposed rule specifically request that several such that the designation of critical by one of the methods listed in the knowledgeable individuals with habitat may not be prudent. ADDRESSES section. We request that you scientific expertise in this species or (6) Specific information on: send comments only by the methods related fields review the scientific (a) The amount and distribution of described in the ADDRESSES section. information and methods that we used Gierisch mallow habitat; If you submit information via http:// in developing this proposal. (b) What areas, that were occupied at www.regulations.gov, your entire We are seeking public comment on the time of listing (or are currently submission—including any personal this proposed rule. Anyone is welcome occupied) and that contain features identifying information—will be posted to comment on our proposal or provide essential to the conservation of the on the Web site. If your submission is additional information on the proposal species, should be included in the made via a hardcopy that includes that we can use in making a final designation and why; personal identifying information, you may request at the top of your document determination on the status of this (c) Special management that we withhold this information from species. Please submit your comments considerations or protection that may be public review. However, we cannot and materials concerning this proposed needed in critical habitat areas we are guarantee that we will be able to do so. rule by one of the methods listed in the proposing, including managing for the potential effects of climate change; and We will post all hardcopy submissions ADDRESSES section. Within 1 year (d) What areas not occupied at the on http://www.regulations.gov. Please following the publication of this time of listing are essential for the include sufficient information with your proposal, we will publish in the Federal conservation of the species and why. comments to allow us to verify any Register a final determination (7) Land use designations and current scientific or commercial information concerning the listing of the species and or planned activities in the subject areas you include. the designation of its critical habitat or and their possible impacts on proposed Comments and materials we receive, withdraw the proposal if new critical habitat. as well as supporting documentation we information is provided that supports (8) Information on the projected and used in preparing this proposed rule, that decision. reasonably likely impacts of climate will be available for public inspection Public Comments change on the Gierisch mallow and on http://www.regulations.gov, or by proposed critical habitat. appointment, during normal business We intend that any final action (9) Any probable economic, national hours, at the U.S. Fish and Wildlife resulting from this proposed rule will be security, or other relevant impacts of Service, Arizona Ecological Services based on the best scientific and designating any area that may be Field Office (see FOR FURTHER commercial data available and be as included in the final designation; in INFORMATION CONTACT). accurate and as effective as possible. particular, we seek information on any Previous Federal Actions Therefore, we request comments or impacts on small entities or families, information from other concerned and the benefits of including or The Gierisch mallow was included in governmental agencies, Native excluding areas that exhibit these the June 25, 2007, petition by WildEarth American tribes, the scientific impacts. Guardians to the Service seeking the community, industry, or any other (10) Whether any specific areas we are listing of 475 species in the interested parties concerning this proposing for critical habitat southwestern United States. Based on proposed rule. We particularly seek designation should be considered for information we received in that petition comments concerning: exclusion under section 4(b)(2) of the and information readily available in the (1) Biological, commercial trade, or Act, and whether the benefits of Service’s files, the Service added other relevant data concerning any potentially excluding any specific area Gierisch mallow as a candidate for threats (or lack thereof) to this species outweigh the benefits of including that listing in the December 10, 2008, and regulations that may be addressing area under section 4(b)(2) of the Act, in Candidate Notice of Review (73 FR those threats. particular for those areas that are 75176). Species on the candidate list are (2) Additional information concerning currently being mined for gypsum or those fish, wildlife, and plants for the historical and current status, range, proposed to be mined for gypsum in the which we have sufficient information distribution, and population size of this foreseeable future. on biological vulnerability and threats species, including the locations of any (11) Whether we could improve or to support the preparation of a listing additional populations of this species. modify our approach to designating proposal, but for which development of (3) Any information on the biological critical habitat in any way to provide for a listing regulation is precluded by other or ecological requirements of the species greater public participation and higher listing priorities. Since 2008, the and ongoing conservation measures for understanding, or to better listing priority number for Gierisch the species and its habitat. accommodate public concerns and mallow has been a 2, indicating a (4) Current or planned activities in the comments. species with threats that are both areas occupied by the species and Please note that submissions merely imminent and high in magnitude in possible impacts of these activities on stating support for or opposition to the accordance with our priority guidance this species. action under consideration without published on September 21, 1983 (48 FR

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43098). Gierisch mallow has remained a discrimination of the related and similar which seeds germinate are not known. candidate in subsequent Candidate taxa known to occur in southern Utah Although we do not know how the Notices of Reviews (74 FR 57804, and adjacent northern Arizona, thus species is pollinated, other species of November 9, 2009; 75 FR 69222, making Gierisch mallow a species and, the genus Sphaeralcea (globemallows) November 10, 2010; 76 FR 66370, therefore, a listable entity under the Act. are pollinated by Diadasia diminuta October 26, 2011). The work was published in the peer- (globemallow bee), which specializes in reviewed journal Novon, which pollinating plants of this genus. Background publishes short articles with the Globemallow bees are considered It is our intent to discuss below only primary purpose of the establishment of important pollinators for globemallows those topics directly relevant to the nomenclature (scientific naming) of (Tepedino 2010, p. 2). These solitary proposed listing of the Gierisch mallow vascular plants. Dr. Atwood and Dr. bees, as well as other Diadasia species, as endangered and the proposed critical Welsh are very familiar with the flora of are known to occur within the range of habitat designation. Utah; Dr. Atwood is the Collections the Gierisch mallow (Sipes and Species Information Manager of the S. L. Welsh Herbarium, Tepedino 2005, pp. 490–491; Sipes and and Dr. Welsh is Emeritus Curator of Wolf 2001, pp. 146–147), so it is Gierisch mallow is a perennial, Vascular Plants at Brigham Young reasonable to assume that they are flowering member of the mallow family. University, Utah. After careful review of potential pollinators of Gierisch mallow It produces few to many stems from a the 2002 Atwood and Welsh publication and other associated vegetation in the woody caudex (short, thickened, woody and its recognition by the Integrated surrounding community. Winter rainfall stem that is usually subterranean or at Taxonomic Information System (ITIS in 2008 produced many seedlings of ground level). The stems are 43 to 103 2012) and its inclusion in the Utah Rare Gierisch mallow, indicating that they centimeters (cm) (17 to 41 inches (in)) Plant Guide (Utah Rare Plants 2012), it grow from seeds stored in the seed bank tall, and are often dark red-purple. The is our conclusion that Gierisch mallow (Hughes 2009, p. 13). Higher densities of foliage is bright green and glabrous (not is a valid species because the seedlings were located within known hairy). The leaf blades are 1.2 to 4 characteristics described above can be locations in Arizona and Utah after centimeters (cm) (0.47 to 1.57 inches used to distinguish this species from these winter rain events. Additionally, (in)) long; 1 to 5 cm (0.4 to 1.9 in) wide; similar species. We also consider it a young plants have been observed on two and usually longer than wide. The separate species due to its acceptance in reclaimed areas within an active leaves are usually flat and egg-shaped; peer-reviewed literature and recognition gypsum mine (Service 2008a, p. 1), the leaf base is heart-shaped to truncate, by taxonomic authorities, as described further indicating that seeds are stored with 3 to 5 lobes. The inflorescence is above. in the seed bank; however, we do not compound, with more than one flower know the long-term viability of these Biology, Habitat, and the Current Range per node. The outer envelope of the plants due to the disruption of the flower is 0.5 to 1.0 cm (0.2 to 0.4 in) Gierisch mallow is only found on original soil composition. Furthermore, long, green, and uniformly glabrous, and gypsum outcrops associated with the Hughes (2011, p. 7) has documented a the orange petals are 1.5 to 2.5 cm (0.6 Harrisburg Member of the Kaibab decline in the numbers of plants in both to 0.98 in) long (Atwood and Welsh Formation in northern Mohave County, of the two reclaimed areas over the last 2002, p. 161). Arizona, and adjacent Washington 5 years. Gierisch mallow was named as a County, Utah (Atwood and Welsh 2002, We have no information on the unique, distinct species in 2002 p. 161). The Harrisburg Member is the historical range of this species because (Atwood and Welsh 2002, p. 159). This most recent (topmost) exposed geologic it is a newly discovered plant. species of mallow is distinguished from layer of the Kaibab Formation. The Currently, there are 18 known similar species, such as Sphaeralcea Harrisburg Member is known for its populations of the Gierisch mallow rusbyi (Rusby’s globemallow), by the soils containing high levels of gypsum restricted to less than approximately glabrous (smooth) foliage, few or no (gypsiferous soils) (Biek and Hayden 186 ha (460 ac) in Arizona and Utah. stellate (star-shaped) hairs restricted to 2007, p. 58). The Kaibab Formation The main populations in Arizona are the leaf margins, larger flowers, and comprises a continuous layer of exposed located south of the Black Knolls, restricted range and habitat. limestone rock in the Grand Canyon approximately 19.3 km (12 mi) Another closely related species is S. region (USGS 2012, p. 1). The southwest of St. George, Utah, with the moorei (Moore’s globemallow); surrounding plant community is warm southernmost population of this group distinguishing characters are the 3 to 5- desertscrub (Mojave desertscrub). Very being on the edge of Black Rock Gulch parted narrow lobes, bright green leaves, little is known about the life history of near Mokaac Mountain. There is another and different habitat. As discussed by the Gierisch mallow, as it was only population approximately 4.8 Atwood and Welsh (2002, p. 159), the recently described. The species may be kilometers (km) (3 miles (mi)) north of genus Sphaeralcea consists of taxa perennial because it is woody at the the Black Knolls, on Arizona State Land whose morphological distinctions are base and the same individuals have Department (ASLD) lands near the compromised by overlap of many been observed for more than one year. Arizona/Utah State line. The Utah characters. The characteristics of the It dies back to the ground during the population is located on BLM lands mature fruiting carpels (seed-bearing winter and re-sprouts from the base within 3.2 km (2 mi) of the Arizona/ structures) are one of the more during late winter and spring (January Utah State line, near the Arizona important distinguishing characters, but to March), depending on daytime population on ASLD land. specimens were rarely collected with temperatures and rainfall. Information There are no other known populations mature carpels. Atwood and Welsh from the Bureau of Land Management of the Gierisch mallow. We theorized (2002, pp. 161–163) collected (BLM) indicates that many of the that, because gypsum outcrops globemallow species in northern Gierisch mallow populations occur on associated with the Harrisburg Member Arizona and southern Utah, and hillsides or steep slopes. The are scattered throughout BLM lands in reviewed previous collections. The pollination system (self-pollinated or northern Arizona and southern Utah, characteristics described in their 2002 obligate out-crosser), seed dispersal additional populations may exist. Dr. taxonomic key allow for the mechanisms, and the conditions under Atwood and Dr. Welsh conducted

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extensive surveys in these areas because population size of the Gierisch mallow surveyed in Arizona. Hughes (2012, pp. numerous other rare plant species are from four of the Arizona locations. 12–14) established belt transects on four associated with these landforms These populations are referred to as of the ‘‘Hills’’ (Hills 1, 2, 4, and 5) and (Atwood 2008, p. 1). One record of a ‘‘Hills.’’ There are a total of 18 began to count the number of Gierisch mallow from the Grand populations rangewide, with seventeen individuals. There is a population on Canyon-Parashant National Monument populations on lands managed by the Hill 3, but there are no estimates for it. was presented to us (Fertig 2012, p. 3); BLM, and 1 on lands managed by the Data in Table 1 are from files in BLM’s however, after careful scrutiny, Johnson ASLD. Seventeen populations occur in St. George Field Office and the Service’s and Atwood (2012, p. 1) determined Arizona, and one occurs in Utah. Arizona Ecological Services Field that this record is actually Rusby’s Office. The actual transect counts mallow and not Gierisch mallow. Atwood and Hughes’ population estimates were simple visual estimates appear in Table 1 in bold, in Status and Population Estimates and have only been conducted for four parentheses. Surveys estimate total Atwood (2008, p. 1), and later Hughes of the 17 populations. These estimates population size to be between 7,000 and (Service 2008a, p. 1), estimated the are presented in Table 1 for the areas 12,000 individuals in Arizona.

TABLE 1—POPULATION NUMBERS FOR GIERISCH MALLOW FROM FOUR LOCATIONS IN ARIZONA

Site Numbers 2001 Numbers 2003 Numbers 2007 Numbers 2008 Numbers 2009 Numbers 2010 Numbers 2011

Hill 1 (BLM) ...... 150+ (100) ...... 50 (30) ...... (58) ...... No data ...... 300 (155) ...... 200 (85) ...... * Hill 2 (BLM) ...... 150+ (100) ...... 40 (31) ...... (15) ...... 50 (37) ...... 40 (23) ...... No data ...... * Hill 4 (BLM) ...... No data ...... 5,000–9,000 (176) ...... (65) ...... No estimate No estimate No estimate (180). (108). (170). (136) Hill 5 (ASLD) ...... No data ...... 2,000–3,000 No data ...... No data ...... No data ...... No data ...... No data (115). * These sites were visited in 2011, and Gierisch mallow plants were observed; however, no data were collected.

Total population size in Utah was numbers at these reclaimed areas. A. The Present or Threatened estimated to be approximately 200 Because the Gierisch mallow it mostly Destruction, Modification, or individuals in 2005 (Franklin 2007, p. only found in gypsiferous soils, it is Curtailment of Its Habitat or Range 1). In spring 2008 and 2009, Hughes possible that they are declining due to (2008a, p. 12; Hughes 2009, p. 15) disruption of the original soil Because the Gierisch mallow has a conducted more extensive surveys of composition in these reclaimed soils. limited range and distribution, gypsiferous soils in Utah and estimated Outside of the reclaimed areas, some including being found in a specific soil composition (gypsum outcrops), it is the population to be between 5,000 and populations of the Gierisch mallow highly susceptible to habitat destruction 8,000 individuals. The Service plant appear to be fluctuating annually and modification. Specifically, habitat ecologist and staff from the BLM’s according to data provided by Hughes destruction or modification resulting Arizona Strip Field Office visited all of (2011, pp. 4–7). Some populations from mining operations, recreational the known locations in February 2008 appear to be decreasing, others have activities, and wildfires associated with (Service 2008a, p. 1). Population shown slight increases, and some estimates were not made at this time the spread of nonnative grass species, populations have remained stable are threats to the Gierisch mallow. because the plants were just emerging (Hughes 2011, pp. 4–7). from winter dormancy, but there were Mining plants present at all of the known Summary of Factors Affecting the locations visited. Species Gypsum mining is an ongoing source of habitat modification for the Gierisch Since surveys began, no new Section 4 of the Act (16 U.S.C. 1533), populations have been found outside of mallow in Arizona. Gypsum is used in and its implementing regulations at 50 the known areas. In addition to the construction (including the CFR part 424, set forth the procedures information provided in Table 1, manufacturing of drywall), and for a for adding species to the Federal Lists Hughes (2008a, p. 12) reported counts variety of agricultural purposes. for transects on two rehabilitated sites of Endangered and Threatened Wildlife Gypsum deposits are found at various within the Western Mining and and Plants. Under section 4(a)(1) of the depths within the Harrisburg Member. Minerals, Inc., gypsum operation on and Act, we may list a species based on any Many of the most valuable gypsum near Hill 4, where 85 and 60 plants were of the following five factors: (A) The deposits are not at ground level. This counted on the two transects in 2008. present or threatened destruction, means that surface materials need to be These plants are reestablishing modification, or curtailment of its removed and stockpiled, while the themselves in the reclaimed areas from habitat or range; (B) overutilization for subsurface gypsum is mined. The the original seed bank. Hughes (2009, p. commercial, recreational, scientific, or stockpiled surface material is then used 14) counted 50 and 32 plants on these educational purposes; (C) disease or to reclaim the area after the gypsum has sites in 2009. In 2011, Hughes (2012, p. predation; (D) the inadequacy of been removed. Because all the topsoil is 7) completed transect surveys on the existing regulatory mechanisms; and (E) temporarily removed, gypsum mining same reclaimed sites as he did in 2008 other natural or manmade factors temporarily removes the plant’s habitat and 2009, and counted 67 plants on one affecting its continued existence. Listing and any plants growing in the affected rehabilitated site and 1 plant on the actions may be warranted based on any area. Although the topsoil is replaced, other rehabilitated site. We do not have of the above threat factors, singly or in the original soil composition is altered; any information to indicate why there combination. Each of these factors is therefore, the reclaimed soils do not was a substantial decrease in plant discussed below. contain the original gypsum

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composition with which the plants are not mined anything, due to the slowing mining activities resume at the Georgia- associated. of the economy. The surface-modifying Pacific mine on lands managed by the There is an existing gypsum mining activity observed in February 2008 was ASLD. Although Hills 4 and 5 comprise operation (Black Rock Gypsum Mine) on likely a result of moving topsoil in only 2 of the 18 populations, over half BLM land affecting the Hill 4 preparation to begin mining activities of all the known Gierisch mallow plants population, the largest population in (Dixon 2011, p. 1). Because the lease is are in these two areas. That would leave Arizona (Hughes 2009, p. 13). The for 20 years, we expect that mining the other Arizona locations and the one plants in the Hill 4 area are not operations will begin at some point Utah population, and those areas restricted to one hill, but are scattered within the next 14 years, or when the support fewer plants. The loss of among several smaller hills that all housing market improves. We presume suitable habitat at Hills 4 and 5 has contain gypsum outcrops. One of the that habitat for the species would be resulted in the loss of more than 50 larger deposits is currently being mined. affected by the operation because the percent of the existing populations. The A large amount of soil has been technique for gypsum mining Service believes this would result in a removed, but we cannot quantify how necessarily involves removal of the compromise to the long-term viability of much of the habitat this comprises at topsoil, eliminating, at least the species, due to reduced reproductive this site, as we do not have access to temporarily, the species’ ability to potential and fragmentation. The ASLD lands. Based on prior monitoring survive there. There are no known limited distribution of this species, the before access was limited (Hughes 2008, protection measures for Gierisch mallow small number of populations, the p. 13), there are other small hills within or its habitat within the lease on State limited amount of habitat, and the the footprint of the mining claim that trust lands. species’ occurrence only in areas that support the Gierisch mallow; therefore, In addition to the Georgia-Pacific support high-quality gypsum deposits we assume the Gierisch mallow mine, there are several ASLD-issued lead us to conclude that mining is a occupied the disturbed area. Western exploration permits in the area on ASLD significant threat to the species. Mining and Minerals, Inc., the mine lands surrounding Hill 5. These are all operator, has inquired about expanding relatively new claims, and no significant Grazing the current operation (Service 2008a, p. work has been done on them, yet some In general, grazing practices can 1). The area they propose to expand into drilling was completed, but no other change vegetation composition and currently supports the largest portion of exploration or mining work has abundance, cause soil erosion and the Hill 4 population, estimated to be occurred. With the depressed housing compaction, reduce water infiltration between 5,000 and 9,000 plants (Hughes market, the ASLD does not anticipate rates, and increase runoff (Klemmedson 2008, p. 14), which comprises almost any gypsum mining will occur until the 1956, p. 137; Ellison 1960, p. 24; Arndt half of the entire population rangewide housing market improves (Dixon 2011, and Rose 1966, p. 170; Gifford and and most of the population in Arizona. p. 1). Hawkins 1978, p. 305; Robinson and The proposed expansion would remove Gypsum mining is a threat to this Bolen 1989, p. 186; Waser and Price the entire population and its habitat on species and its habitat. The mining 1981, p. 407; Holechek et al. 1998, pp. Hill 4. An environmental assessment operation removes plants and habitat for 191–195, 216; and Loftin et al. 2000, pp. (under the National Environmental the duration of the mining activities, 57–58), leaving less water available for Policy Act 40, 42 U.S.C. 4321 et seq.) for and, post-mining, the reclaimed areas plant production (Dadkah and Gifford expansion of the quarrying activities may or may not be capable of 1980, p. 979). Fleischner (1994, pp. within the Black Rock Gypsum Mine supporting the plants. A few Gierisch 630–631) summarized the ecological has been completed, and the Mining mallows were seen on reclaimed areas impacts of grazing in three categories: Plan of Operation has been approved near Hill 4, but no information on the (1) Alteration of species composition of (BLM 2008a). Because the demand for density of plants before the disturbance communities, including decreases in gypsum has declined along with the exists. Plants continue to be observed in density and biomass of individual decrease in the housing market, mining two reclaimed areas near Hill 4; species, reduction of species richness, activity has not yet reached the however, the numbers are relatively low and changing community organization; expansion area (Cox 2011a, pers. (Hughes 2012, pp. 6–7). Furthermore, it (2) disruption of ecosystem functioning, comm.). Recent discussions with the is unknown if restored areas will including interference in nutrient BLM indicate that the expansion could support the plants sufficiently to restore cycling and ecological succession; and happen as soon as 3 years from now or populations to pre-mining levels; (3) alteration of ecosystem structure, may take up to 10 years, depending on restoration efforts with this species are including changing vegetation the housing market, but BLM believes currently being planned within the stratification, contributing to soil the expansion is very likely to happen Black Rock Mine to assess the feasibility erosion, and decreasing availability of (Cox 2011a, pers. comm.). of seeding reclaimed areas with Gierisch water to biotic communities. There is another gypsum mine, mallow (Service 2008b, p. 1). Grazing occurs in most populations of located near Hill 5, supporting another We conclude that the ongoing and the Gierisch mallow in Arizona and large Arizona population future gypsum mining activities, as Utah on both BLM and ASLD lands. (approximately 2,000–3,000 plants). authorized by the BLM and the ASLD, Grazing is excluded from both the Black This mine, operated by Georgia-Pacific, are a significant threat to this species. Rock Gypsum Mine on BLM land and is on ASLD lands and encompasses 178 Although there has been no mining the Georgia-Pacific Mine on ASLD land. ha (440 ac). Service biologists did not activity on ASLD lands since 2007, the Gierisch mallow populations occur on receive permission to enter the site in Service believes this inactivity is three BLM grazing allotments in February 2008, but, through the site temporary and that mining will resume Arizona and one allotment in Utah. In boundary fence, did notice at least one when the housing market improves in Arizona, the Black Rock, Lambing- pile of spoils near the population, the future. There will be a significant Starvation, and Purgatory allotments all indicating some recent surface- reduction in the number of individuals contain populations of Gierisch mallow. modifying activity prior to the Service of the species when the Western Mining The Black Rock Allotment encompasses biologists’ visit. The lease was first and Minerals Inc., operation (Black 15,250 ha (37,685 ac) that are grazed issued in 2006, but Georgia-Pacific has Rock Gypsum Mine) expands, and when year-round, but this allotment is on a

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deferred grazing system, which means and its habitat. The Curly Hollow sparsely vegetated soils. Carbon that pasture use is rotated so that each Allotment is comprised of contributed by these organisms helps pasture receives a set amount of rest approximately 9,105 ha (22,500 ac) of keep plant interspaces fertile and aids in (non-use) every year. As previously BLM land and 2,226 ha (5,500 ac) of supporting other microbial populations stated, there are an additional 1,152 ha Utah State trust land. This is a four- (Beymer and Klopatek 1991 in Floyd et (2,846 ac) in this allotment that are pasture allotment that is managed for al. 2003, p. 1704). In desert shrub and unavailable for grazing because of the intensive grazing and a rest rotation grassland communities that support few Black Rock Gypsum Mine. Gierisch system similar to those described above. nitrogen-fixing plants, biotic crusts can mallow occurs in both the ‘‘Lizard 1’’ Gierisch mallow only occurs in the be the dominant source of nitrogen and ‘‘Lizard 2’’ pastures within this River Pasture, which is usually grazed (Rychert et al. 1978 and others in Floyd allotment, and both pastures are from November 1 through February 28 et al. 2003, p. 1704). Additionally, soil typically used in the spring to allow the of each season. Recent wildfires had crusts stabilize soils, help to retain livestock to utilize cheatgrass when it is burned much of the upper three moisture, and provide seed-germination still green. These two pastures are pastures; therefore, the River Pasture sites. Soil crusts are effective in typically rotated, that is used every has been grazed beyond February 28 for capturing wind-borne dust deposits, and other year so that one pasture receives several years to alleviate pressure on the have been documented contributing to a a full year of rest. three upper pastures while the 2- to 13-fold increase in nutrients in The Lambing-Starvation Allotment vegetation recovered from the wildfire southeastern Utah (Reynolds et al. 2001 encompasses 5,446 ha (13,457 ac) that in the absence of livestock grazing in Floyd et al. 2003, p. 1704). The are grazed from November 16 through (Douglas 2012a, p. 1). The three upper presence of soil crusts generally May 15 every season and is also on a pastures are now considered increases the amount and depth of deferred system. Gierisch mallow occurs rehabilitated, and grazing in the River rainfall infiltration (Loope and Gifford in two of the three pastures in this Pasture should resume with its normal 1972 and others in Floyd et al. 2003, p. allotment, the North Freeway and South season of use from November 1 through 1704). Freeway pastures. These two pastures February 28. The general condition of In addition to loss of soil crusts, are also used in the spring, as the third the range in the River Pasture is fair to grazing often leads to soil compaction, pasture is along the Virgin River and good (moderate cheatgrass spread); which reduces water infiltration and contains critical habitat for the however, portions near Sun River, and can lead to elevated soil temperatures endangered southwestern willow the Astragalus holmgreniorum (Fleischner 1994, p. 634; Floyd et al. flycatcher (Empidonax traillii extimus). (Holmgren milkvetch) (an endangered 2003, p. 1704). All of these soil Because the third pasture contains plant) habitat, have been disturbed in disturbances can increase erosion by critical habitat for the southwestern the past, resulting in a more significant both wind and water (Neff et al. 2005, willow flycatcher, its use is restricted spread of cheatgrass and Malcolmia p. 87). Because Gierisch mallow only seasonally, causing livestock to spend africana (African mustard). Livestock occurs in gypsum soil outcrops, this loss more time in the two pastures utilization on Gierisch mallow has not of soil crust, increased soil compaction, containing Gierisch mallow, including been monitored by BLM’s St. George and potential increase in erosion may during the spring growing season for the Field Office, but conditions are lead to reduced fitness of individual Gierisch mallow. The Lambing- expected to be similar to livestock plants as nutrients decrease when Starvation Allotment also contains utilization described above in Arizona livestock enter and concentrate in these ASLD lands with a grazing lease; (Douglas 2012a, p. 1). areas during dry years. Additionally, it however, the BLM oversees the In addition to consumption, livestock is possible that individual plants, management of this allotment. The are known to trample plants. As noted, especially seedlings, are not able to take Purgatory Allotment encompasses 1,985 livestock do not typically go up into root in any unstable soils that result ha (4,905 ac) in a single pasture that is Gierisch mallow habitat on the BLM from loss of soil crusts due to livestock grazed from December 1 through May 31 allotments in Arizona and Utah due to grazing. Increased erosion and every season. Only a small portion of a the steeper hillsides and slopes that this decreased water infiltration from loss of Gierisch mallow population occurs plant is known to inhabit (Roaque soil crusts can lead to depletion of within this allotment. Information from 2012a, p. 2; Douglas 2012a, p. 1). Given gypsum and other specific soil features the BLM indicates that many of the the grazing management described that the Gierisch mallow requires. These Gierisch mallow populations occur on above and the observations of how effects may be significant to Gierisch hillsides or steep slopes, and livestock infrequently livestock are in Gierisch mallow populations because grazing do not typically go up to these areas mallow habitat, trampling of plants does occurs at some level throughout all looking for forage unless it is a dry year not likely significantly impact the populations. Reduced fitness of (Roaque 2012a, p. 2). All three overall viability of these populations. individual plants may lead to reduced allotments contain significant amounts Habitat degradation in the Mojave overall reproduction, which may lead to of nonnative, invasive annual grasses, Desert, through loss of microbiotic soil decreases in the overall population. including cheatgrass and red brome, crusts (soils containing algae, lichen, Grazing can also lead to changes in although red brome appears to be more fungi, etc.) due to livestock grazing, is vegetation structure, including the prevalent. According to observations by a great concern (Floyd et al. 2003, p. proliferation of nonnative, invasive BLM range personnel, both cheatgrass 1704). Grazing can disturb soil crusts species such as cheatgrass and red and red brome tend to not grow well in and other fundamental physical factors brome. Livestock have been implicated gypsum outcrops in normal (dry) in landscapes. For example, in the spread of weeds (Brooks 2009, p. rainfall years; however, they can be climatologists and ecologists have 105), and both abundance and diversity abundant in Gierisch mallow habitat attributed increasing soil surface of native plants and animals is lower in during wet years. This was observed temperatures and surface reflectivity in grazed areas as compared to ungrazed after the fall 2010 and winter 2011 rains the Sonoran Desert to grazing-related habitat in the Mojave Desert (Brooks (Roaque 2102b, p. 1). land degradation (Balling et al. 1998 in 2000, p. 105). We do not know the In Utah, grazing occurs in the one Floyd et al. 2003, p. 1704). Biological current density of these two nonnative allotment that contains Gierisch mallow soil crusts provide fixed carbon on grass species within the Gierisch

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mallow populations; however, we do forage on the steeper hillsides and these areas and associated unauthorized know that both of these nonnative slopes. When livestock do enter trails proliferate, this population may species are prevalent throughout the Gierisch mallow habitat, some limited experience an overall reduction in Mojave Desert in northwest Arizona and soil disturbance may occur, and fitness for the Gierisch mallow. southwest Utah, including throughout individual plants may be affected, In addition to the direct effects to all three allotments in Arizona and the although we do not anticipate vegetation, unauthorized OHV use can allotment in Utah (Roaque 2012a, pp. 1– population-level effects to the Gierisch have the same indirect effects that were 2; Douglas 2012, p. 1). While cheatgrass mallow. Livestock have been implicated previously described by livestock and red brome appear not to favor as a mechanism for the spread of grazing, including soil compaction, loss gypsiferous soils under normal (dry) cheatgrass and red brome. Although we of soil crusts, erosion, and the conditions, they can be abundant in do not know the extent to which promotion and spread of nonnative Gierisch mallow habitat during wet livestock spread these two nonnative invasive species. Refer to the livestock years, as was recently observed (Roaque grasses, the spread of these grasses does grazing discussion above for a complete 2102b, p. 1). Red brome has also been pose a threat to the Gierisch mallow. description of the effects to soil documented in similar gypsiferous soils Because of these potential effects from composition and how those effects near Gierisch mallow populations after livestock grazing, we anticipate grazing impact Gierisch mallow and its habitat. wet years (Roth 2012, entire). The to be a moderate threat to the species, In summary, we consider continued proliferation of cheatgrass and red especially during drought years. unauthorized OHV use (off of brome can lead to competition with designated roads) to be a potential threat Recreation Activities Gierisch mallow for both water and to this species and its habitat in Utah. nutrients, which can lead to decreased Mining operations in Utah do not Continued unauthorized OHV use can reproduction and fitness in individual pose a threat to Gierisch mallow have a significant effect on the long- plants. population at this time, but there is term viability of the Utah population of In addition to decreased reproduction evidence of off-road vehicle (OHV) the Gierisch mallow because habitat and fitness in established plants, the activity in the area. Several of the degradation can be severe enough to spread of these two species can also smaller hills were criss-crossed with prevent reestablishment of new plants, make the habitat less suitable for OHV tracks (Service 2008, p. 1), and as well as removing mature, establishment of new plants. If these areas are closed to OHV use off of reproducing plants from the population. cheatgrass and red brome reach high designated roads and trails (Douglas As stated above, Hughes (2009, p. 14) densities throughout all of the Gierisch 2012b, p. 1); therefore, this is estimated this population to be between mallow populations, this can lead to a considered unauthorized OHV use. 5,000 and 8,000 individuals in 2009. significant reduction in the proper Washington County is projected to be While this is only one of 18 known functioning of the habitat, which in turn one of the fastest growing counties in populations, this is the second largest would lead to a reduction in fitness and Utah, with a growth rate of 3.9 percent. population of the plant and this reproduction population-wide and an The population of St. George has grown population includes almost half of the overall population decline. Given the from 64,201 (2005) to 88,001 (2010), and total population, rangewide. This limited distribution of Gierisch mallow is expected to increase to 136,376 by population is important to the long-term and the known abundance of cheatgrass 2020 (St. George Area Chamber 2010, viability of the species. Given that this and red brome in its habitat, continued pp. 2–3). The surrounding open spaces large population only encompasses 1.01 proliferation of these two species into around St. George are popular for OHV ha (2.5 ac) and is easily accessible, these Gierisch mallow habitat is likely to have use because of the relatively flat terrain activities may lead to enough Gierisch significant effects to the species and its and ease of access. mallow plants being crushed to reduce habitat. The number of populations may Vollmer et al. (1976, p. 121) the overall fitness of the population. be reduced and their current limited demonstrated that shrubs exposed to Therefore, we conclude that this activity distribution may become even more repeated driving (continued use of the is a moderate threat to the species. same tracks) were severely damaged. limited. Additionally, the overall Other Human Effects resiliency of the species may be Both live and dead stems were broken significantly reduced, especially if the and pressed to the ground. Stems still The same areas in Utah that are spread of these nonnative grasses leads standing exhibited broken twigs or subjected to unauthorized OHV use are to other stochastic events, such as shoots and leaves were dislodged. also used for target shooting and trash wildfire. Although grazing can help Damage to about 30 percent of all shrubs dumping. Evidence of both of these promote the spread of nonnative weeds examined in tire tracks were scored at activities was present in Utah during the such as cheatgrass and red brome, and 100 percent damage. Vollmer et al. February 2008 visit. There was one large their spread is a threat to the Gierisch (1976, p. 121) go on to state that appliance dumped near the population, mallow and its habitat, we do not know approximately 54 percent of the shrubs obviously used for target practice how much livestock contribute to their in the tracks sustained 90 percent or (Service 2008a, p. 1). People engaging in spread. The threat of wildfire resulting greater damage. The numbers of annual target shooting near the population from the spread of nonnative species shrubs growing in regularly driven ruts degrade habitat by trampling the soil will be discussed in more detail in were lower than in other areas (Vollmer and plants, and by driving vehicles on ‘‘Nonnative, Invasive Species’’ below. et al. 1976, p. 124). These data indicate the habitat to access areas for target In summary, livestock grazing can that individual Gierisch mallow plants shooting. The unauthorized use of BLM have many effects on the plant and its may be susceptible to the effects of OHV lands for these activities can contribute habitat, and on desert ecosystems in use in this area. Plants may be damaged to the degradation of habitat for the general, particularly on soils. However, to the point that they are no longer Gierisch mallow by causing the same livestock do not typically spend much viable and able to produce seed. direct and indirect effects described time in Gierisch mallow habitat, due to Seedlings may not be able to reach above for OHV use. It is also possible the steeper hillsides and slopes that this maturity and reproduce if they are that trash dumping can lead to soil plant inhabits, unless drought crushed to point of significant damage. contamination, which would most conditions cause livestock to search for As unauthorized OHV use increases in likely not be beneficial to the species.

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The full extent of damage to soils may likely to increase due to climate change In the absence of cheatgrass and red not be evident until years or even (see ‘‘Climate Change and Drought’’ brome, the Gierisch mallow grows in decades after the original disturbance discussion, below, under Factor E) sparsely vegetated communities (Vollmer et al. 1976, p. 115). We did not because invasive annuals increase unlikely to carry fires (see Biology, observe these activities near the Arizona biomass and seed production at elevated Habitat, and the Current Range section). populations. Similar to the effects of levels of carbon dioxide (Mayeux et al. Thus, this species is unlikely to be unauthorized OHV use, we consider 1994, p. 98; Smith et al. 2000, pp. 80– adapted to survive high frequency fires. illegal trash dumping and impacts 81; Ziska et al. 2005, p. 1328). As described in the Biology, Habitat, associated with target shooting to be Although cheatgrass and red brome and the Current Range section, the total moderate threats to this species and its both occur in close proximity to range of this species covers habitat in Utah. Gierisch mallow habitat, red brome is approximately 186 ha (460 ac), and each more prevalent (Roaque 2012b, p. 1). As of the 18 populations occupies a Nonnative, Invasive Species previously described above, both relatively small area, ranging between The spread of nonnative, invasive cheatgrass and red brome tend to not 0.003 ha (0.01 ac) and 38.12 ha (94.36 species is considered the second largest grow well in gypsum outcrops in ac). A range fire could easily impact or threat to imperiled plants in the United normal (dry) rainfall years; however, eliminate one or all populations and States (Wilcove et al. 1998, p. 608). they can be abundant in the Gierisch degrade Gierisch mallow habitat to the Invasive plants—specifically exotic mallow habitat during wet years. Red point that it will no longer be suitable annuals—negatively affect native brome has also been documented in for the plant. The loss of one population vegetation, including rare plants. One of similar gypsiferous soils near the and associated suitable habitat would be the most substantial effects is the Gierisch mallow populations after wet a significant loss to the species. change in vegetation fuel properties years (Roth 2012, entire). As we stated Therefore, the potential expansion of that, in turn, alter fire frequency, above, we do not anticipate a high invasive species and associated increase intensity, extent, type, and seasonality degree of surface disturbances in the in fire frequency and intensity is a (Menakis et al. 2003, pp. 282–283; Gierisch mallow habitats in the near significant threat to the species, Brooks et al. 2004, p. 677; McKenzie et future from livestock grazing except especially when considering the limited al. 2004, p. 898). Shortened fire return during drought years; however, distribution of the species and the high intervals make it difficult for native increased mining in Arizona and potential of the Gierisch mallow plants to reestablish or compete with unauthorized OHV use, target shooting, population extinctions. invasive plants (D’Antonio and Vitousek and trash dumping in the Utah In summary, we know that invasive 1992, p. 73). population of the Gierisch mallow may species can impact plant communities Invasive plants can exclude native lead to significant amounts of surface by increasing fire frequencies, plants and alter pollinator behaviors disturbance, providing conditions that outcompeting native species, and (D’Antonio and Vitousek 1992, pp. 74– allow red brome to expand into and altering pollinator behaviors. Although 75; DiTomaso 2000, p. 257; Mooney and increase in density within Gierisch invasive species do not occur in high Cleland 2001, p. 5449; Levine et mallow habitat. densities in Gierisch mallow habitat al.2003, p. 776; Traveset and Invasions of annual, nonnative during normal (dry) rainfall years, Richardson 2006, pp. 211–213). For species, such as cheatgrass, are well nonnative, invasive species, especially example, cheatgrass and red brome documented to contribute to increased red brome, can be very abundant in wet outcompete native species for soil fire frequencies (Brooks and Pyke 2002, rainfall years. Given the ubiquitous nutrients and water (Melgoza et al. p. 5; Grace et al. 2002, p. 43; Brooks et nature of cheatgrass and red brome in 1990, pp. 9–10; Aguirre and Johnson al 2003, pp. 4, 13, 15). The disturbance the Intermountain West and their ability 1991, pp. 352–353; Brooks 2000, p. 92), caused by increased fire frequencies to rapidly invade dryland ecosystems as well as modify the activity of creates favorable conditions for (Mack 1981, p. 145; Mack and Pyke, pollinators by producing different increased invasion by cheatgrass. The 1983, p. 88; Thill et al. 1984, p. 10), we nectar from native species (Levine et al. end result is a downward spiral where expect these nonnative species to 2003, p. 776) or introducing nonnative an increase in invasive species results in increase in the future in response to pollinators (Traveset and Richardson more fires, more fires create more surface disturbances from increased 2006, pp. 208–209). Introduction of disturbances, and more disturbances mining activities, recreation activities, nonnative pollinators or production of lead to increased densities of invasive and global climate change (see ‘‘Climate different nectar can lead to disruption of species. The risk of fire is expected to Change and Drought’’ below). An normal pollinator interactions for the increase from 46 to 100 percent when increase in cheatgrass and red brome is Gierisch mallow. the cover of cheatgrass increases from expected to increase the frequency of Cheatgrass and red brome are 12 to 45 percent or more (Link et al. fires in Gierisch mallow habitat, and the particularly problematic nonnative, 2006, p. 116). The invasion of red species is unlikely to survive increased invasive annual grasses in the brome, another nonnative grass, into the wildfires due to its small population intermountain west. If already present Mojave Desert of the intermountain west sizes and the anticipated habitat in the vegetative community, cheatgrass poses similar threats to fire regimes, degradation. Therefore, we determine and red brome increase in abundance native plants, and other federally that nonnative, invasive species and after a wildfire, increasing the chance protected species (Brooks et al. 2004, associated wildfires constitute a for more frequent fires (D’Antonio and pp. 677–678). Brooks (1999, p. 16) also significant threat to habitat of the Vitousek 1992, pp. 74–75; Brooks 2000, found that high interspace biomass of Gierisch mallow. p. 92). In addition, cheatgrass invades red brome and cheatgrass resulted in areas in response to surface greater fire danger in the Mojave Desert. Summary of Factor A disturbances (Hobbs 1989, pp. 389, 393, Brooks (1999, p. 18) goes on to state that Based on our evaluation of the best 395, 398; Rejmanek 1989, pp. 381–383; the ecological effects of cheatgrass and available scientific information, we Hobbs and Huenneke 1992, pp. 324– red brome-driven fires are significant conclude that the present and future 325, 329, 330; Evans et al. 2001, p. because of their intensity and destruction and modification of the 1308). Cheatgrass and red brome are consumption of perennial shrubs. habitat for the Gierisch mallow is a

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significant threat. Destruction and and only the BLM offers a special plant is typically located and because modification of habitat for the Gierisch permit to collect seeds of candidate the herbivory that does occur is mostly mallow are anticipated to result in a species. Each respective land limited to drought years when the plant significant decrease in both the range of management agency referred the matter is not overly abundant. Although the species and the size of the to its law enforcement branches. herbivory is likely to continue to some population of the species. Because collection is restricted, and degree, especially during drought years, Mining activities impacted Gierisch collection permits are only issued for recruitment from the seed bank has been mallow habitat in the past and will scientific research or educational documented in recent years, indicating continue to be a threat in the future to purposes by the Arizona Department of that herbivory by livestock is not likely the species’ habitat throughout its range. Agriculture (Austin 2012, p. 1), we do to diminish the overall fitness and All of the populations and habitat are not expect collection to be a regular reproductive ability of the larger located on BLM and ASLD lands, which occurrence. See Factor D discussion, Gierisch mallow populations. Smaller have an extensive history of, and recent below, for a complete description of populations of the Gierisch mallow are successful exploration activities for, when permits are issued for collection likely to be more susceptible to the gypsum mining. Two of the eighteen of the Gierisch mallow. We are not effects of herbivory during drought populations are located in the aware of any other instances when the years. immediate vicinity of gypsum mining, Gierisch mallow has been collected We have no information that disease including the Black Rock Gypsum Mine from the wild other than as a voucher is affecting the plants. Therefore, based which has an approved Mining Plan of specimen (specimen collected for an on the best available information, we Operation to expand into the largest herbarium) (Atwood and Welsh 2002, p. conclude that disease is not a threat to Gierisch mallow population. Gypsum 161). Therefore, we conclude that the Gierisch mallow, and that predation mining is expected to continue and overutilization for commercial, (herbivory, along with some related expand in the near future (Cox 2011b, recreational, scientific, or educational trampling) is a moderate threat during p. 1; Dixon 2012, p. 1). Considering the purposes is not a threat to the Gierisch drought years. small area of occupied habitat mallow now, and we have no immediately adjacent to existing information to indicate that it will D. The Inadequacy of Existing gypsum mines, anticipated future become a threat in the future. Regulatory Mechanisms mining will result in the loss of habitat C. Disease or Predation Under this factor, we examine for these populations in the future, and whether existing regulatory mechanisms these two populations comprise more The flowering stalks of the Gierisch are inadequate to address or alleviate than 50 percent of the entire species’ mallow are eaten by livestock. All of the the threats to the species discussed distribution. Gierisch mallow populations on BLM Although livestock do not typically lands are within grazing allotments. under the other factors. Section eat Gierisch mallow, livestock grazing Herbivory has been documented by a 4(b)(1)(A) of the Act requires the Service can affect Gierisch mallow habitat more BLM ecologist (Service 2008a, p. 1), and to take into account ‘‘those efforts, if significantly during drought years, as Atwood (2008, p. 1). Hughes has found any, being made by any State or foreign livestock move into the Gierisch mallow that the mallow is eaten during drought nation, or any political subdivision of a habitat searching for forage. years, when other forage is reduced or State or foreign nation, to protect such Additionally, livestock have been unavailable. The plant is also grazed species * * *.’’ In relation to Factor D implicated in spreading nonnative, during non-drought times, but not as under the Act, we interpret this invasive species such as red brome and heavily. The Gierisch mallow plants language to require the Service to cheatgrass, although we do not know located near water sources (stock tanks consider relevant Federal, State, and the extent to which livestock contribute and drinkers) are also heavily browsed tribal laws, plans, regulations, and other to the spread of these two nonnative (Hughes 2008b, p. 1) because livestock such mechanisms that may minimize grasses. tend to congregate near sources of water. any of the threats we describe in threat Red brome and cheatgrass are When Atwood (2008, p. 1) was analyses under the other four factors, or documented to occur in all 18 surveying the populations to collect otherwise enhance conservation of the populations of the Gierisch mallow, fruit of the Gierisch mallow during species. We give strongest weight to although mostly after wet rain years. drought years, Atwood was unable to statutes and their implementing The threat of fire caused by annual locate any fruit because all of the regulations and to management nonnative species invasions is flowering stalks had been consumed by direction that stems from those laws and exacerbated by mining activities, livestock. The effect of sporadic grazing regulations. An example would be State livestock grazing, and recreation of plants is unknown, but persistent governmental actions enforced under a activities. Therefore, we conclude that grazing can reduce the reproductive State statute or constitution, or Federal Gierisch mallow and its habitat face output of the plants, potentially action under statute. significant threats as a result of habitat reducing the size of the smaller Having evaluated the significance of loss and modification. populations, especially during drought the threat as mitigated by any such years. As previously described under conservation efforts, we analyze under B. Overutilization for Commercial, Factor A, livestock do not typically Factor D the extent to which existing Recreational, Scientific, or Educational spend significant amounts of time in regulatory mechanisms are inadequate Purposes Gierisch mallow habitat, due to the to address the specific threats to the The Gierisch mallow is not typically hillsides and steep slopes that the species. Regulatory mechanisms, if they a plant of horticultural interest; Gierisch mallow typically inhabits, exist, may reduce or eliminate the however, we do have information although livestock will enter into impacts from one or more identified regarding possible seed collection from Gierisch mallow habitat during drought threats. In this section, we review wild plants on BLM and ASLD periods. existing State and Federal regulatory department lands for commercial sale Herbivory from livestock is not a mechanisms to determine whether they (Roth 2011, p. 1). Collection of seeds significant threat, because of the effectively reduce or remove threats to from both BLM and ASLD is prohibited, steepness of the terrain on which the the Gierisch mallow.

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State Regulations this regulatory mechanism is required seed collection of the Gierisch Over 90 percent of the species’ known insufficient to protect the Gierisch mallow by the mine operators to aid in habitat and over 50 percent of known mallow from threats to its habitat reestablishing the species in reclaimed populations are located on BLM and associated with mining on ASLD lands. areas of the Black Rock Gypsum Mine in the recently approved expansion of ASLD lands in Arizona mining claims. Federal Regulations There are no laws protecting the the Black Rock Gypsum Mine. Gierisch mallow’s habitat on State or Mining Activities on BLM Lands The BLM has required seed collection private lands in Arizona. This species is We have previously identified habitat as a result of these operations; however, currently protected by the Arizona loss associated with gypsum mining as we do not know if enough seeds can be Native Plant Act (ANPA). Since it a potential threat to the species. On collected to reestablish pre-mining became a candidate species in 2008, BLM-managed lands, this mining occurs population numbers in reclaimed areas. Arizona protects the Gierisch mallow as pursuant to the Mining Law of 1872 (30 We are unsure of the ability to ‘‘Highly Safeguarded.’’ Plants in the U.S.C. 21 et seq.), which was enacted to reestablish healthy populations in ‘‘Highly Safeguarded’’ category under promote exploration and development reclaimed areas because the number of the ANPA include ‘‘plants resident to of domestic mineral resources, as well plants observed growing from the seed this State and listed as endangered, as the settlement of the western United bank in reclaimed soils has decreased threatened, or category 1 in the Federal States. It permits U.S. Citizens and since they were first observed. endangered species act of 1973’’ (ANPA businesses to freely prospect hardrock Furthermore, we do not know the long- 1997, p. 4). The ANPA controls (locatable) minerals and, if a valuable term viability of these plants or any collecting, and limited scientific deposit is found, file a claim giving plants grown from collected seeds. collection of ‘‘Highly Safeguarded’’ them the right to use the land for mining Therefore, we find that the BLM Federal species is allowed for research and activities and sell the minerals regulatory measures are not adequate to educational purposes (Austin 2012, p. extracted, without having to pay the address the loss of habitat caused by 1), but the ANPA provides no protection Federal government any holding fees or gypsum mining. for plant habitat. Private landowners are royalties (GAO 1989, p. 2). Gypsum is E. Other Natural or Manmade Factors required to obtain a salvage permit to frequently mined as a locatable mineral, Affecting Its Continued Existence remove plants protected by the ANPA; and gypsum mining is, therefore, subject however, there are no known private to the Mining Law of 1872. The BLM Small Population Size lands containing the Gierisch mallow. implements the Mining Law through As previously described (see the Furthermore, seed collection on ASLD Federal regulations, 43 CFR part 3800. Biology, Habitat, and the Current Range lands is prohibited, as described above The operators of mining claims on section), the entire range of the Gierisch under Factor B, although there are no BLM lands must reclaim disturbed areas mallow is located in an area of less than ASLD regulations protecting habitat for (Cox 2012, p. 1). The BLM’s regulations 186 ha (460 ac) throughout Arizona and the Gierisch mallow. While the ANPA also require the mitigation of mining Utah. Within this range, each of the 18 may be effectively protecting the species operations so that operations do not individual populations’ habitat areas is from direct threats, it is not designed to cause unnecessary or undue degradation very small, ranging from 0.003 ha (0.01 protect the species’ habitat. of public lands. Unnecessary or undue ac) to 38.12 ha (94.36 ac). The Gierisch In addition to the Black Rock Gypsum degradation is generally referred to as mallow can be dominant in small areas Mine on BLM lands in Arizona, ‘‘harm to the environment that is either of suitable habitat, containing thousands discussed below, the Georgia-Pacific unnecessary to a given project or of individuals. However, the small areas Mine on ASLD Land is in close violates specified environmental of occupation and the narrow overall proximity to a large Gierisch mallow protection statutes’’ (USLegal, 2012, p. range of the species make it highly population. The ASLD has fairly strict 1). Furthermore, it is unclear what susceptible to stochastic events that may reclamation provisions and bonding specific activities would constitute lead to local extirpations. requirements when they approve a unnecessary or undue degradation in Mining, or a single random event such Mining Plan of Operation; however, any relation to the Gierisch mallow and its as a wildfire (see Factor A), could decision that the ASLD makes on habitat. extirpate an entire or substantial portion whether or not to lease land is based The Gierisch mallow is listed as a of a population given the small area of strictly on the benefit of the State Trust. BLM sensitive species in both Arizona occupied habitat. Species with limited The ASLD would not deny a mine, or and Utah. Sensitive species designation ranges and restricted habitat any other project, based on the presence on BLM lands is afforded through the requirements also are more vulnerable of an endangered or threatened species; Special Status Species Management to the effects of global climate change however, they can have stipulations Policy Manual #6840 (BLM 2008B, (see the ‘‘Climate Change and Drought’’ written into the ASLD lease or the entire) which states that on BLM- section below; IPCC 2002, p. 22; Jump mining company’s reclamation plan that administered lands, the BLM shall and Penuelas 2005, p. 1016; Maschinski would require them to make allowances manage Bureau sensitive species and et al. 2006, p. 226; Krause 2010, p. 79). for federally listed species (Dixon 2012, their habitats to minimize or eliminate Overall, we consider small population p. 1). With listed plants, these threats affecting the status of the size and restricted range intrinsic stipulations can include seed collection species, or to improve the condition of vulnerabilities to the Gierisch mallow or transplanting plants from the the species habitat (BLM 2008B, pp. 37– that may not rise to the level of a threat footprint of the mine; however, because 38). on its own. However, the small the Gierisch mallow is not currently The BLM’s regulations do not prevent population sizes and restricted range of listed, the ASLD does not currently have the Black Rock Gypsum Mine’s this species increase the risk of to include these stipulations in expansion into Gierisch mallow habitat, extinction to the Gierisch mallow reclamation plans. Because the ASLD but the BLM could require mitigation populations in conjunction with the does not have to require mitigation measures to prevent unnecessary or effects of global climate change (see stipulations to protect the Gierisch undue degradation from mining below) and the potential for stochastic mallow or its habitat, we conclude that operations. For example, the BLM extinction events such as mining and

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invasive species (Factor A). Therefore, factors, especially precipitation, plays a al. 2005, p. 1328) and will put we consider the small, localized decisive role in plant survival in arid additional stressors on rare plants population size to exacerbate the threats regions (Herbel et al. 1972, p. 1084). already suffering from the effects of of mining, invasive species, and climate As discussed above, the Gierisch elevated temperatures and drought. This change to the species. mallow has a limited distribution, and is important to note with regards to the populations are localized and small. In Climate Change and Drought Gierisch mallow because increases in addition, these populations are nonnative, invasive plants, including Our analyses under the Act include restricted to very specific soil types. increased seed production, are consideration of ongoing and projected Global climate change exacerbates the anticipated to increase both the changes in climate. The terms ‘‘climate’’ risk of extinction for species that are frequency and intensity of wildfires as and ‘‘climate change’’ are defined by the already vulnerable due to low described above in ‘‘Nonnative, Invasive Intergovernmental Panel on Climate population numbers and restricted Species.’’ Additionally, these additional Change (IPCC). ‘‘Climate’’ refers to the habitat requirements. Predicted changes stressors associated with increased mean and variability of different types in climatic conditions include increases carbon dioxide are likely to increase the of weather conditions over time, with 30 in temperature, decreases in rainfall, competition for resources between the years being a typical period for such and increases in atmospheric carbon Gierisch mallow and nonnative, measurements, although shorter or dioxide in the American Southwest invasive plant species. longer periods also may be used (IPCC (Walther et al. 2002, p. 389; IPCC 2007, 2007, p. 78). The term ‘‘climate change’’ p. 48; Karl et al. 2009, p. 129). Although The actual extent to which climate thus refers to a change in the mean or we have no information on how the change itself will impact the Gierisch variability of one or more measures of Gierisch mallow will respond to effects mallow is unclear, mostly because we climate (e.g., temperature or related to climate change, persistent or do not have long-term demographic precipitation) that persists for an prolonged drought conditions are likely information that would allow us to extended period, typically decades or to reduce the frequency and duration of predict the species’ responses to longer, whether the change is due to flowering and germination events, lower changes in environmental conditions, natural variability, human activity, or the recruitment of individual plants, including prolonged drought. Any both (IPCC 2007, p. 78). Various types compromise the viability of predictions at this point on how climate of changes in climate can have direct or populations, and impact pollinator change would affect this species would indirect effects on species. These effects availability as pollinators have been be speculative. However, as previously may be positive, neutral, or negative, documented to become locally extinct described, mining and recreation and they may change over time, during periods of drought (Tilman and activities are threats (see ‘‘Mining’’ and depending on the species and other El Haddi 1992, p. 263; Harrison 2001, p. ‘‘Recreation Activities’’ sections above), relevant considerations, such as the 64). The smallest change in which will likely result in the loss of effects of interactions of climate with environmental factors, especially large numbers of individuals and maybe other variables (e.g., habitat precipitation, plays a decisive role in even entire populations. Increased fragmentation) (IPCC 2007, pp. 8–14, plant survival in arid regions (Herbel et surface disturbances associated with 18–19). In our analyses, we use our al. 1972, p. 1084). mining and recreation activities also expert judgment to weigh relevant Drought conditions led to a noticeable will likely increase the extent and information, including uncertainty, in decline in survival, vigor, and densities of nonnative invasive species our consideration of various aspects of reproductive output of other rare and and with it the frequencies of fires (see climate change. endangered plants in the Southwest ‘‘Nonnative, Invasive Species’’ section Annual mean precipitation levels are during the drought years of 2001 above). Given the cumulative effects of expected to decrease in western North through 2004 (Anderton 2002, p. 1; Van the potential population reduction and America and especially the Buren and Harper 2002, p. 3; Van Buren habitat loss (of already small southwestern States by mid-century and Harper 2004, entire; Hughes 2005, populations) associated with mining, (IPCC 2007, p. 8; Seager et al. 2007, p. entire; Clark and Clark 2007, p. 6; Roth recreation, invasive species, and fire, we 1181). Throughout the Gierisch 2008a, entire; Roth 2008b, pp. 3–4). are concerned about the impacts of mallow’s range, precipitation is Similar responses are anticipated to future climate change to the Gierisch predicted to increase 10 to 15 percent in adversely affect the long-term mallow. the winter, decrease 5 to 15 percent in persistence of the Gierisch mallow. spring and summer, and remain Periods of prolonged drought, especially In summary, the future effects of unchanged in the fall under the highest with decreased winter rains essential to global climate change and drought on emissions scenario (Karl et al. 2009, p. the survival and persistence of the the Gierisch mallow are unclear. 29). The levels of aridity of recent Gierisch mallow, are likely to decrease However, because of the threats of drought conditions and perhaps those of the ability of this plant to produce mining, grazing during drought years, the 1950s drought years will become the viable seeds. Additionally, prolonged recreation, and nonnative species, the new climatology for the southwestern drought will likely diminish the ability cumulative effects of climate change United States (Seager et al. 2007, p. of seeds currently in the seed bank to and drought may be of concern for this 1181). Much of the Southwest remains produce viable plants and for seedlings species in the future. At this time, we in a 10-year drought, which is to survive to maturity. believe that the state of knowledge considered the most severe western Climate change is expected to concerning the localized effects of drought of the last 110 years (Karl et al. increase levels of carbon dioxide climate change and drought is too 2009, p. 130). Although droughts occur (Walther et al. 2002, p. 389; IPCC 2007, speculative to determine whether more frequently in areas with minimal p. 48; Karl et al. 2009, p. 129). Elevated climate change and drought are a threat precipitation, even a slight reduction levels of carbon dioxide lead to to these species in the future. However, from normal precipitation may lead to increased invasive annual plant we will continue to assess the potential severe reductions in plant production biomass, invasive seed production, and threats of climate change and drought as (Herbel et al. 1972, p. 1084). Therefore, pest outbreaks (Smith et al. 2000, pp. better scientific information becomes the smallest change in environmental 80–81; IPCC 2002, pp. 18, 32; Ziska et available.

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Summary of Factor E The threats acting upon the cumulative stressors on the species and populations of Gierisch mallow are its habitat. For example, gypsum mining We assessed the potential risks of intensified because of the species’ small is anticipated to extirpate more than small population size to the Gierisch population size and limited range, half of the known population of the mallow. The Gierisch mallow has a resulting in a high likelihood of Gierisch mallow, especially since the highly restricted distribution and exists extinction for this species. The Gierisch existing regulations cannot sufficiently in 18 populations scattered over an area mallow is a narrow endemic species mitigate the effects of gypsum mining in that covers approximately 460 ac (186 with a very restricted range; the small Gierisch mallow habitat. Livestock ha). Individual populations occupy very areas of occupied habitat combined with grazing throughout the range of the small areas with large densities of the species’ strong association with Gierisch mallow may affect the plants. We conclude that stochastic gypsum soils makes the species highly population viability of the remaining events could impact a significant vulnerable to habitat destruction or populations if periods of drought portion of a population. Small modification through mining-related continue and livestock continue to populations that are restricted by habitat and recreation activities as well as consume the Gierisch mallow, including requirements also are more vulnerable livestock grazing during drought and seedlings, during drought periods. to the effects of climate change, such as random extinction events, including Additionally, the risk of increased prolonged droughts and increased fire invasive species (and the inherent risk wildfire frequency and intensity frequencies. Although small population of increased fires) and the potential resulting from increased nonnative, size and climate change make the future effects of global climate change invasive species has the potential to species intrinsically more vulnerable, (Factor A). Furthermore, two of the extirpate several populations and, we are uncertain whether they would largest populations of the Gierisch possibly, contribute to the extinction of rise to the level of threat by themselves. mallow and its habitat will be the species. Climate change is However, when combined with the completely removed by mining anticipated to increase the drought threats listed under Factor A (mining operations. Both of the mines have periods and contribute to the spread of operations; livestock grazing; recreation approved Mining Plans of Operations nonnative, invasive species as well. All activities; and nonnative, invasive and permits from the respective land of these factors combined heighten the species), and the lack of existing management agencies (BLM and ASLD); risk of extinction and lead to our finding regulatory mechanisms to alleviate thus mining can occur at any time. Even that the Gierisch mallow is in danger of those threats, the small population size though these mining operations are not extinction and warrants listing as an and restricted range of the Gierisch currently active, when they begin endangered species. mallow are likely to significantly operation there will be no requirement The Act defines an endangered increase the level of the above- for notification of land-disturbing species as any species that is ‘‘in danger mentioned threats. activities that would impact or of extinction throughout all or a completely remove these populations. significant portion of its range’’ and a Proposed Determination As previously stated, operation and threatened species as any species ‘‘that expansion of these two mines is is likely to become endangered We have carefully assessed the best throughout all or a significant portion of scientific and commercial information anticipated to extirpate more than 50 percent of known Gierisch mallow its range within the foreseeable future.’’ available regarding the past, present, The threats will not start having serious plants, which are located in two and future threats to the Gierisch impact to the species in the future, populations in Arizona. The existing mallow. We find that the species is in which would be the case with a regulatory mechanisms are not adequate danger of extinction due to the current threatened species, but have already to protect the Gierisch mallow from the and ongoing modification and commenced, have been negatively primary threat of mining, particularly destruction of its habitat and range impacting the species for some time, because the BLM has approved mining (Factor A) from the ongoing and future and will continue to do so into the operations with mitigation that we gypsum mining operations, livestock foreseeable future. We find that the consider ineffective at reducing threats. grazing, recreation activities, and Gierisch mallow is presently in danger Furthermore, the ASLD does not nonnative, invasive species. The most of extinction throughout its entire range, significant factor threatening the consider the presence of a listed species based on the immediacy, severity, and Gierisch mallow is the ongoing and when approving a Mining Plan of scope of the threats described above. future gypsum mining that is likely to Operation. The ASLD has the ability to Therefore, on the basis of the best remove more than 50 percent of the total require mitigation for the presence of a available scientific and commercial population of the Gierisch mallow. We federally listed species; however, there information, we propose listing the did not find any significant threats to is no current requirement because the Gierisch mallow as endangered in the species under Factor B. We found Gierisch mallow is not federally listed. accordance with sections 3(6) and that predation (herbivory) during We consider this regulatory mechanism 4(a)(1) of the Act. drought years to be a moderate threat to be ineffective as well. The Under the Act and our implementing (Factor C). We also found that existing inadequacy of regulatory mechanisms regulations, a species may warrant regulatory mechanisms that could (Factor D), combined with the expected listing if it is endangered or threatened provide protection to the Gierisch turnaround of the housing market throughout all or a significant portion of mallow through mining operations (gypsum is an important component of its range. The Gierisch mallow proposed management by the BLM and ASLD are sheet rock for housing construction), for listing in this rule is highly restricted inadequate to protect the species (Factor poses a serious threat to the continued in its range and the threats occur D) from existing and future threats. existence of the Gierisch mallow. The throughout its range. Therefore, we Finally, the small population size and small, reduced range (Factor E) of the assessed the status of the species restricted range of this species also puts Gierisch mallow also puts it at a throughout its entire range. The threats it at a heightened risk of extinction heightened risk of extinction. to the survival of the species occur (Factor E), due to the significant threats The elevated risk of extinction of the throughout the species’ range and are described above in Factors A, C, and D. Gierisch mallow is a result of the not restricted to any particular

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significant portion of that range. process is to restore listed species to a species recovery can be found at: Accordingly, our assessment and point where they are secure, self- http://www.fws.gov/grants. proposed determination applies to the sustaining, and functioning components Although the Gierisch mallow is only species throughout its entire range. of their ecosystems. proposed for listing under the Act at Listing the Gierisch mallow as a Recovery planning includes the this time, please let us know if you are threatened species is not the appropriate development of a recovery outline interested in participating in recovery determination because the ongoing shortly after a species is listed, efforts for this species. Additionally, we threats described above are severe preparation of a draft and final recovery invite you to submit any new enough to increase the immediate risk of plan, and revisions to the plan as information on this species whenever it extinction. The gypsum mining significant new information becomes becomes available and any information operations are anticipated to resume full available. The recovery outline guides you may have for recovery planning operations and expansions in as few as the immediate implementation of urgent purposes (see ADDRESSES). 3 to 10 years, although the mining recovery actions and describes the Section 7(a) of the Act requires operations could occur sooner. Grazing process to be used to develop a recovery Federal agencies to evaluate their is ongoing throughout the range of the plan. The recovery plan identifies site- actions with respect to any species that Giersich mallow, and climate change is specific management actions that will is proposed or listed as endangered or anticipated to cause more periods of achieve recovery of the species, threatened and with respect to its drought, when livestock graze more measurable criteria that determine when critical habitat, if any is designated. heavily on the Gierisch mallow. a species may be downlisted or delisted, Regulations implementing this Additionally, red brome and cheatgrass and methods for monitoring recovery interagency cooperation provision of the are abundant throughout the area, and progress. Recovery plans also establish Act are codified at 50 CFR part 402. while they are typically more abundant a framework for agencies to coordinate Section 7(a)(4) of the Act requires in the Gierisch mallow habitat after wet their recovery efforts and provide Federal agencies to confer with the years, recent wet years have left an estimates of the cost of implementing Service on any action that is likely to abundant crop of red brome in Gierisch recovery tasks. Recovery teams jeopardize the continued existence of a mallow habitat. Wildfires could occur at (comprised of species experts, Federal species proposed for listing or result in any time as a result of the proliferation and State agencies, non-government destruction or adverse modification of of these invasive species. All of these organizations, and stakeholders) are proposed critical habitat. If a species is factors combined lead us to conclude often established to develop recovery listed subsequently, section 7(a)(2) of that the threat of extinction is high and plans. If this proposed rule is made the Act requires Federal agencies to immediate, thus warranting a final, when completed, the recovery ensure that activities they authorize, determination of endangered rather than outline, draft recovery plan, and the fund, or carry out are not likely to threatened for the Gierisch mallow. final recovery plan would be available jeopardize the continued existence of on our Web site (http://www.fws.gov/ the species or destroy or adversely Available Conservation Measures endangered), or from our Arizona modify its critical habitat. If a Federal Conservation measures provided to Ecological Services Field Office (see FOR action may affect a listed species or its species listed as endangered or FURTHER INFORMATION CONTACT). critical habitat, the responsible Federal threatened under the Act include Implementation of recovery actions agency must enter into formal recognition, recovery actions, generally requires the participation of a consultation with the Service. requirements for Federal protection, and broad range of partners, including other Federal agency actions within the prohibitions against certain practices. Federal agencies, States, Tribal, species’ habitat that may require Recognition through listing results in nongovernmental organizations, conference or consultation or both, as public awareness and conservation by businesses, and private landowners. described in the preceding paragraph, Federal, State, Tribal, and local Examples of recovery actions include include management and any other agencies; private organizations; and habitat restoration (e.g., restoration of landscape-altering activities on Federal individuals. The Act encourages native vegetation), research, captive lands administered by the BLM, such as cooperation with the States and requires propagation and reintroduction, and mining operations, livestock grazing, that recovery actions be carried out for outreach and education. The recovery of and issuing special use permits. all listed species. The protection many listed species cannot be The Act and its implementing required by Federal agencies and the accomplished solely on Federal lands regulations set forth a series of general prohibitions against certain activities because their range may occur primarily prohibitions and exceptions that apply are discussed, in part, below. or solely on non-Federal lands. To to endangered plants. All prohibitions The primary purpose of the Act is the achieve recovery of these species of section 9(a)(2) of the Act, conservation of endangered and requires cooperative conservation efforts implemented by 50 CFR 17.61, apply. threatened species and the ecosystems on private, State, and Tribal lands. These prohibitions, in part, make it upon which they depend. The ultimate If this species is listed, funding for illegal for any person subject to the goal of such conservation efforts is the recovery actions will be available from jurisdiction of the United States to recovery of these listed species, so that a variety of sources, including Federal import or export, transport in interstate they no longer need the protective budgets, State programs, and cost share or foreign commerce in the course of a measures of the Act. Subsection 4(f) of grants for non-Federal landowners, the commercial activity, sell or offer for sale the Act requires the Service to develop academic community, and in interstate or foreign commerce, or and implement recovery plans for the nongovernmental organizations. In remove and reduce the species to conservation of endangered and addition, under to section 6 of the Act, possession from areas under Federal threatened species. The recovery the State of Arizona would be eligible jurisdiction. In addition, for plants planning process involves the for Federal funds to implement listed as endangered, the Act prohibits identification of actions that are management actions that promote the the malicious damage or destruction on necessary to halt or reverse the species’ protection and recovery of the Gierisch areas under Federal jurisdiction and the decline by addressing the threats to its mallow. Information on our grant removal, cutting, digging up, or survival and recovery. The goal of this programs that are available to aid damaging or destroying of such plants

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in knowing violation of any State law or Endangered Species Permits, Southwest have determined that the designation of regulation, including State criminal Regional Office, P.O. Box 1306, critical habitat would not likely increase trespass law. Certain exceptions to the Albuquerque, NM, 87103–1306; the degree of threat to any of the species prohibitions apply to agents of the telephone (505) 248–6911; facsimile and may provide some measure of Service and State conservation agencies. (505) 248–6915. benefit, we find that designation of This species is currently protected by critical habitat is prudent for the Critical Habitat the Arizona Native Plant Act (ANPA). Gierisch mallow. Since it became a candidate species in Prudency Determination 2008, Arizona protects the Gierisch Background Section 4 of the Act, as amended, and mallow as ‘‘Highly Safeguarded.’’ Plants It is our intent to discuss below only implementing regulations (50 CFR in the ‘‘Highly Safeguarded’’ category those topics directly relevant to the 424.12), require that, to the maximum under the ANPA include ‘‘plants designation of critical habitat for the extent prudent and determinable, the resident to this State and listed as Gierisch mallow in this section of the Secretary designate critical habitat at the endangered, threatened, or category 1 in proposed rule. For a complete time the species is determined to be the Federal endangered species act of description of the life history and endangered or threatened. Our 1973’’ (ANPA 1997, p. 4). The ANPA habitat needs of the Gierisch mallow, controls collecting, and limited regulations at 50 CFR 424.12(a)(1) state see the Species Information section scientific collection of ‘‘Highly that the designation of critical habitat is above. Safeguarded’’ species is allowed (Austin not prudent when one or both of the Critical habitat is defined in section 3 2012, p. 1), but the ANPA provides no following situations exist: (1) The of the Act as: protection for plant habitat. Protection species is threatened by taking or other (1) The specific areas within the under the Act as an endangered species activity and the identification of critical geographical area occupied by the will, therefore, offer additional habitat can be expected to increase the species, at the time it is listed in protections to this species. degree of threat to the species; or (2) the accordance with the Act, on which are We may issue permits to carry out designation of critical habitat would not found those physical or biological otherwise prohibited activities be beneficial to the species. features involving endangered and threatened There is no indication that the (a) Essential to the conservation of the plant species under certain Gierisch mallow threatened by species and circumstances. Regulations governing collection, and there are no likely (b) Which may require special permits are codified at 50 CFR 17.62 for increases in the degree of threats to the management considerations or endangered plants, and at 17.72 for species if critical habitat were protection; and threatened plants. With regard to designated. This species is not the target (2) Specific areas outside the endangered plants, a permit must be of collection, and the areas we propose geographical area occupied by the issued for the following purposes: for designation either have restricted species at the time it is listed, upon a enhancement of propagation or survival public access (mine sites) or are already determination that such areas are of the species. readily open to the public (BLM land). essential for the conservation of the It is our policy, as published in the None of the threats identified to the species. Federal Register on July 1, 1994 (59 FR species are associated with human Conservation, as defined under 34272), to identify to the maximum access to the sites, with the exception of section 3 of the Act, means to use and extent practicable at the time a species the threats associated with recreational the use of all methods and procedures is listed, those activities that would or activities on BLM land. This threat, or that are necessary to bring an would not constitute a violation of any other identified threat, is not endangered or threatened species to the section 9 of the Act. The intent of this expected to increase as a result of point at which the measures provided policy is to increase public awareness of critical habitat designation because the pursuant to the Act are no longer the effect of a proposed listing on BLM cannot control unauthorized necessary. Such methods and proposed and ongoing activities within recreational activities, and the procedures include, but are not limited the range of species proposed for listing. designation of critical habitat would not to, all activities associated with The following activities could change the situation. scientific resources management such as potentially result in a violation of In the absence of finding that the research, census, law enforcement, section 9 of the Act; this list is not designation of critical habitat would habitat acquisition and maintenance, comprehensive: Unauthorized increase threats to a species, if there are propagation, live trapping, and collecting, handling, possessing, selling, any benefits to a critical habitat transplantation, and, in the delivering, carrying, or transporting of designation, then a prudent finding is extraordinary case where population the species, including import or export warranted. The potential benefits of pressures within a given ecosystem across State lines and international critical habitat to the Gierisch mallow cannot be otherwise relieved, may boundaries, except for properly include: (1) Triggering consultation include regulated taking. documented antique specimens of these under section 7 of the Act, in new areas Critical habitat receives protection taxa at least 100 years old, as defined by for actions in which there may be a under section 7 of the Act through the section 10(h)(1) of the Act. Federal nexus where it would not requirement that Federal agencies Questions regarding whether specific otherwise occur, because, for example, ensure, in consultation with the Service, activities would constitute a violation of Federal agencies were not aware of the that any action they authorize, fund, or section 9 of the Act should be directed potential impacts of an action on the carry out is not likely to result in the to the Arizona Ecological Services Field species; (2) focusing conservation destruction or adverse modification of Office (see FOR FURTHER INFORMATION activities on the most essential features critical habitat. The designation of CONTACT). Requests for copies of the and areas; (3) providing educational critical habitat does not affect land regulations concerning listed plants and benefits to State or county governments, ownership or establish a refuge, general inquiries regarding prohibitions or private entities; and (4) preventing wilderness, reserve, preserve, or other and permits may be addressed to the people from causing inadvertent harm conservation area. Such designation U.S. Fish and Wildlife Service, to the species. Therefore, because we does not allow the government or public

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to access private lands. Such to ensure the conservation of the habitat areas may still result in jeopardy designation does not require species. findings in some cases. These implementation of restoration, recovery, Section 4 of the Act requires that we protections and conservation tools or enhancement measures by non- designate critical habitat on the basis of would continue to contribute to Federal landowners. Where a landowner the best scientific data available. recovery of this species. Similarly, requests Federal agency funding or Further, our Policy on Information critical habitat designations made on the authorization for an action that may Standards Under the Endangered basis of the best available information at affect a listed species or critical habitat, Species Act (published in the Federal the time of designation would not the consultation requirements of section Register on July 1, 1994 (59 FR 34271)), control the direction and substance of 7(a)(2) of the Act would apply, but even the Information Quality Act (section 515 future recovery plans, habitat in the event of a destruction or adverse of the Treasury and General conservation plans (HCPs), or other modification finding, the obligation of Government Appropriations Act for species conservation planning efforts if the Federal action agency and the Fiscal Year 2001 (Pub. L. 106–554; H.R. new information available at the time of landowner is not to restore or recover 5658)), and our associated Information these planning efforts calls for a the species, but to implement Quality Guidelines, provide criteria, different outcome. reasonable and prudent alternatives to establish procedures, and provide avoid destruction or adverse guidance to ensure that our decisions Physical or Biological Features modification of critical habitat. are based on the best scientific data In accordance with section 3(5)(A)(i) Under the first prong of the Act’s available. They require our biologists, to and 4(b)(1)(A) of the Act and regulations definition of critical habitat, areas the extent consistent with the Act and at 50 CFR 424.12, in determining which within the geographic area occupied by with the use of the best scientific data areas within the geographic area the species at the time it was listed (in available, to use primary and original occupied by the species at the time of this case, currently occupied areas) are sources of information as the basis for listing to designate as critical habitat, included in a critical habitat designation recommendations to designate critical we consider the physical or biological if they contain physical or biological habitat. features that are essential to the features (1) which are essential to the When we are determining which areas conservation of the species and which conservation of the species and (2) should be designated as critical habitat, may require special management which may require special management our primary source of information is considerations or protection. These considerations or protection. For these generally the information developed include, but are not limited to: areas, critical habitat designations during the listing process for the (1) Space for individual and identify, to the extent known using the species. Additional information sources population growth and for normal best scientific and commercial data may include the recovery plan for the behavior; available, those physical or biological species, articles in peer-reviewed (2) Food, water, air, light, minerals, or features that are essential to the journals, conservation plans developed other nutritional or physiological conservation of the species (such as by States and counties, scientific status requirements; space, food, cover, and protected surveys and studies, biological (3) Cover or shelter; habitat). In identifying those physical assessments, other unpublished (4) Sites for breeding, reproduction, or and biological features within an area, materials, or experts’ opinions or rearing (or development) of offspring; we focus on the principal biological or personal knowledge. and physical constituent elements (primary Habitat is dynamic, and species may (5) Habitats that are protected from constituent elements such as roost sites, move from one area to another over disturbance or are representative of the nesting grounds, seasonal wetlands, time. We recognize that critical habitat historical, geographic, and ecological water quality, tide, soil type) that are designated at a particular point in time distributions of a species. essential to the conservation of the may not include all of the habitat areas We derive the specific physical or species. Primary constituent elements that we may later determine are biological features required for the (PCEs) are the elements of physical or necessary for the recovery of the Gierisch mallow from studies of this biological features that, when laid out in species. For these reasons, a critical species’ habitat, ecology, and life history the appropriate quantity and spatial habitat designation does not signal that as described below. We have arrangement to provide for a species’ habitat outside the designated area is determined that the following physical life-history processes, are essential to unimportant or may not be needed for or biological features are essential for the conservation of the species. recovery of the species. If we list the the Gierisch mallow. Under the second prong of the Act’s Gierisch mallow, areas that are Space for Individual and Population definition of critical habitat, we can important to the conservation of the Growth and for Normal Behavior designate critical habitat in areas species, both inside and outside the outside the geographic area occupied by critical habitat designation, would The Gierisch mallow has a limited the species at the time it is listed (in this continue to be subject to: (1) distribution; it is only found in a small case, outside currently occupied areas), Conservation actions implemented area in Utah and Arizona. Within these upon a determination that such areas under section 7(a)(1) of the Act, (2) areas, the Gierisch mallow requires are essential for the conservation of the regulatory protections afforded by the appropriate soils, associated formations, species. For example, an area currently requirement in section 7(a)(2) of the Act slope, drainage, and plant community occupied by the species but that was not for Federal agencies to ensure their types within the landscape to provide occupied at the time of listing may be actions are not likely to jeopardize the space for individual growth and to essential to the conservation of the continued existence of any endangered provide food, water, air, light, minerals, species and may be included in the or threatened species, and (3) the or other nutritional or physiological critical habitat designation. We prohibitions of section 9 of the Act if requirements. In both Arizona and Utah, designate critical habitat in areas actions occurring in these areas may the Gierisch mallow is found in outside the geographic area occupied by affect the species. Federally funded or gypsiferous outcrops of the Harrisburg a species only when a designation permitted projects affecting listed Member of the Kaibab Formation. In limited to its range would be inadequate species outside their designated critical Arizona, these sites may be affiliated

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with the following gypsiferous soil • Badland throughout its range occurs within the series: • Fluvaquents and Torrifluvents, and landcover described as Mojave mid- • Nikey-Ruesh complex, • Riverwash. elevation mixed desert scrub • Gypill-Hobog complex, The Gierisch mallow occurs at (NatureServe 2011, p. 2). This • Hobog-Tidwell complex, elevations from 821 to 1,148 m (2,694 to classification represents the extensive • Hobog-Grapevine complex, 3,766 ft) in Arizona and from 755 to 861 desert scrub in the transition zone above • Grapevine-Shelly complex, m (2,477 to 2,825 ft) in Utah. We could the Larrea tridentata (creosote)– • Hindu-Rock outcrop-Gypill not correlate the Gierisch mallow Ambrosia dumosa (white bursage) complex, occurrences to a specific range of slopes; desert scrub and below the lower • Cave-Harrisburg-Grapevine therefore, topography is not considered montane woodlands from 700 to 1800 m complex, and to be an essential physical feature for (2,296 to 5,905 ft) that occur in the • Grapevine-Hobcan complex this species (Service unpublished data, eastern and central Mojave Desert. The (Service unpublished data). 2012). vegetation within this ecological system Sites in Utah are most affiliated with the The Gierisch mallow occurs in is quite variable. A list of common following soil series (Service sparsely vegetated, warm desert plants associated with the Gierisch unpublished data, 2012, p. 1): communities. All occupied habitat mallow habitat is included in Table 2.

TABLE 2—VEGETATION ASSOCIATED WITH THE GIERISCH MALLOW HABITAT (NATURESERVE 2011, P. 2)

Codominant and diagnostic species Woody plant species associates Other common nonwoody species associates

Coleogyne ramosissima Acacia greggii (Catclaw acacia) ...... Achnatherum hymenoides (Indian ricegrass). (Blackbrush). Eriogonum fasciculatum Canotia holacantha (Crucifixion thorn) ...... A. speciosum (Desert needlegrass). (Buckwheat). Ephedra nevadensis (Ne- Ephedra nevadensis (Nevada jointfir) ...... Muhlenbergia porteri (Bush muhly). vada jointfir). Grayia spinosa (Spiny Ephedra torreyana (Desert Mormon tea) ...... Eriogonum sp. (Various annual buckwheats). hopsage). Encelia farinosa (Brittlebush) ...... Pleuraphis jamesii (James’ galleta). Purshia stansburiana (Stansbury cliffrose) ...... Poa secunda (Sandberg bluegrass). Gutierrezia sarothrae (Broom snakeweed).

Depending on the moisture regime, potential pollinators of the Gierisch and habitat (Tepedino et al. 1996, p. the Gierisch mallow also can be mallow and other associated vegetation 245). Redundancy of pollinator species associated with native annuals that are in the surrounding community. The is important because a pollinator often ephemeral (seen only in the globemallow bee, along with other species may be abundant one year and spring) and, like many Mohave Desert solitary bees, nest in the ground, and less so the next year. Maintaining a full plant species, seasonally abundant nests are commonly found in partially suite of pollinators allows for the based on climatic conditions. compacted soil along the margins of dirt likelihood that another pollinator Therefore, based on the information roads in the western United States species will stand in for a less abundant above, we identify gypsum soils found (Tepedino 2010, p. 1). It is important to one, and is essential in assuring in the Harrisburg Member of the Kaibab protect those nesting sites and adequate pollination. Formation from 755 to 1,148 m (2,477 associated natural habitat for the Bees have a limited foraging range to 3,766 ft) and with the appropriate globemallow bee and other potential strongly correlated to body size native vegetation communities to be an pollinators. (Greenleaf, 2005, p. 17; Steffan- essential physical or biological feature Dewenter and Tscharntke 1999, pp. for this species. Natural habitat for the globemallow 434–435). Fragmentation of habitat can bee and other potential pollinators result in isolating plants from pollinator Sites for Reproduction, Germination, includes those appropriate vegetation nesting sites. When the distance Seed Dispersal or Pollination communities described above in Table between plants and the natural habitats The Gierisch mallow is a native 2. The lack of favorable natural habitat of pollinators increases, plant species of sparsely vegetated, warm can negatively influence pollination reproduction (as measured by mean desert communities. Although we do productivity (Kremen et al. 2004, pp. seed set) can decline by as much as 50 not know how the species is pollinated, 1116–1117). Sites for the Gierisch percent in some plant species (Steffan- other species of the genus Sphaeralcea mallow’s reproduction, germination, Dewenter and Tscharntke 1999, pp. (globemallows) are pollinated by and seed dispersal, and pollination 435–436). Optimal pollination occurs Diadasia diminuta (globemallow bee), providers are found within the when there is abundance of individual which specializes in pollinating plants communities described above. Because pollinators and a species-rich bee of this genus. Globemallow bees are the Gierisch mallow is potentially community (Greenleaf 2005, p. 47). considered important pollinators for pollinated by globemallow bees and Greenleaf (2005, p. 15) defines the globemallows (Tepedino 2010, p. 2). other insects, the presence of pollinator typical homing distance of a bee taxon These solitary bees, as well as other populations is essential to the as the distance at which 50 percent of Diadasia species, are known to occur conservation of the species. Preservation individual bees of that taxon have the within the range of the Gierisch mallow of the mix of species and interspecific ability to return to their home (nest, (Sipes and Tepedino 2005, pp. 490–491; interactions they encompass greatly etc.). Solitary bees of various species Sipes and Wolf 2001, pp. 146–147), so improves the chances for survival of have been documented to have foraging it is reasonable to assume that they are rare species in their original location distances ranging from 150 m (492 ft) to

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1,200 m (3,937 ft) (Gathmann and red brome-driven fires are significant proper suite of pollinators are present, Tscharntke 2002, p. 760; Greenleaf et al. because of their intensity and this includes habitat that provides 2007, p. 593). consumption of perennial shrubs. nesting substrate for pollinators in the Therefore, based on the information Imprecise forecasts of the impacts of areas described in PCE 2. above, we identify pollinators and climate change make the identification (4) Areas free of disturbance and areas associated appropriate native plant of areas that may become essential with low densities or absence of communities within 1,200 m (3,937 ft) impractical at this time. Therefore, we nonnative, invasive plants, such as red of occupied sites to be an essential have not identified additional areas brome and cheatgrass. physical or biological feature for this outside those currently occupied where With this proposed designation of species. the species may move to, or be critical habitat, we intend to identify the transplanted to, as a result of the physical or biological features essential Habitats Protected From Disturbance or to the conservation of the species, Representative of the Historical, impacts due to climate change. Based on the information above, we through the identification of primary Geographic, and Ecological constituent elements sufficient to Distributions of the Species identify areas free of disturbance and areas with low densities or absence of support the life-history processes of the The species’ known range has not nonnative, invasive species to be an species. All units proposed to be contracted or expanded since the essential physical or biological feature designated as critical habitat are species was described in 2002. All sites for this species. currently occupied by the Gierisch contribute to ecological distribution and mallow and contain the primary function for this species by providing Primary Constituent Elements for the constituent elements sufficient to representation across the species’ Gierisch Mallow support the life-history needs of the limited current range. It is important to Under the Act and its implementing species. minimize surface-disturbing activities regulations, we are required to identify throughout the limited range of the Special Management Considerations or the physical or biological features Protection Gierisch mallow. Surface disturbing essential to the conservation of the activities, such mining and recreation Gierisch mallow in areas occupied at When designating critical habitat, we activities (OHV and impacts related to the time of listing, focusing on the assess whether the specific areas within target shooting), remove the unique soil features’ primary constituent elements. the geographic area occupied by the composition and associated vegetation We consider primary constituent species at the time of listing contain communities that the Gierisch mallow elements to be the elements of physical features that are essential to the needs. or biological features that provide for a conservation of the species and which Additionally, it is important to have species’ life-history processes and are may require special management areas in all the units free of nonnative, essential to the conservation of the considerations or protection. The invasive species, such as red brome and species. features essential to the conservation of cheatgrass. As previously discussed in Based on our current knowledge of this species may require special Factor A, above, both cheatgrass and red the physical or biological features and management considerations or brome tend to not grow well in gypsum habitat characteristics required to protection to reduce the direct and outcrops in normal (dry) rainfall years; sustain the species’ life-history indirect effects associated with the however, they can be abundant in processes, we determine that the following threats: Habitat loss and Gierisch mallow habitat during wet primary constituent elements specific to degradation from mining operations; years. Invasions of annual, nonnative the Gierisch mallow are: livestock grazing; recreation activities; species, such as cheatgrass, are well (1) Appropriate geological layers or and invasive plant species. Please refer documented to contribute to increased gypsiferous soils, in the Harrisburg to Factor A above for a complete fire frequencies (Brooks and Pyke 2002, Member of the Kaibab Formation, that description of these threats. Special management to protect the p. 5; Grace et al. 2002, p. 43; Brooks et support individual Gierisch mallow al. 2003, pp. 4, 13, 15). The disturbance features essential to the conservation of plants or their habitat, within the caused by increased fire frequencies the species from the effects of gypsum elevation range of 775 to 1,148 m (2,477 creates favorable conditions for mining include creating managed plant to 3,766 ft). Appropriate soils are increased invasion by cheatgrass. The preserves and open spaces, limiting defined as: end result is a downward spiral, where disturbances to and within suitable • Badland, an increase in invasive species results in • Fluvaquents and Torrifluvents, habitats, and evaluating the need for more fires, more fires create more • Riverwash, and conducting restoration or disturbances, and more disturbances • Cave-Harrisburg-Grapevine revegetation of native plants in open lead to increased densities of invasive complex, spaces or plant preserves containing species. The risk of fire is expected to • Grapevine-Hobcan complex, similar gypsum soils. Management increase from 46 to 100 percent when • Nikey-Ruesh complex, activities that could ameliorate these the cover of cheatgrass increases from • Gypill-Hobog complex, threats include (but are not limited to) 12 to 45 percent or more (Link et al. • Hobog-Tidwell complex, seed collection from the Gierisch 2006, p. 116). The invasion of red brome • Hobog-Grapevine complex, mallow throughout its range, including into the Mojave Desert of western North • Grapevine-Shelly complex, and those plants within the footprint of each America poses similar threats to fire • Hindu-Rock outcrop-Gypill mine. These seeds could be used to regimes, native plants, and other complex. begin propagation studies to determine federally protected species (Brooks et al. (2) Appropriate Mojave desert scrub the long-term viability of plants growing 2004, pp. 677–678). Brooks (1999, p. 16) plant community and associated native in reclaimed soils. Additionally, these also found that high interspace biomass species for the soil types at the sites seeds could be used to begin of red brome and cheatgrass resulted in listed in PCE 1. propagating plants to be planted in greater fire danger in the Mojave Desert. (3) The presence of insect visitors or other gypsum deposits and to augment Brooks (1999, p. 18) goes on to state that pollinators, such as the globemallow bee existing populations. Special the ecological effects of cheatgrass and and other solitary bees. To ensure the management may be necessary to

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protect features essential to the species, because occupied areas are units for Gierisch mallow, we proceeded conservation of the Gierisch mallow sufficient for the conservation of the through a multi-step process. from livestock grazing, including species. Mapping fencing populations; avoiding activities, Our rationale for not including areas such as water trough placement, that outside of the geographic range of We obtained records of Gierisch might concentrate livestock near or in Gierisch mallow is twofold. One, the mallow distribution from BLM’s occupied habitat; and removing areas designated as occupied contain Arizona Strip Field Office, BLM’s St. livestock from critical habitat during the the physical and biological features George Field Office, and both published species’ growing and reproductive essential for the species. Secondly, and unpublished documentation from seasons, especially during periods of within the overall geographic range of our files. This information included flowering and fruiting. Special the species, there are some areas or BLM hand-mapped polygons that management that may be necessary to patches devoid of plants, as one would outlined Gierisch mallow habitats in protect the features essential to the expect. Therefore, it follows that within Arizona and Utah. conservation of the Gierisch mallow the critical habitat units we are For all areas, survey data from 2001 from recreational activities includes proposing, there are areas without the to 2011 were available and evaluated to directing recreational use away from plant growing in them. Thus, even identify the extent of occupied habitat and outside of critical habitat, fencing though all units are occupied when (provided by BLM). Although occupied small populations, removing or limiting considering the appropriate scale for sites may gradually change, recent access routes, ensuring land use critical habitat designation, there is still survey results confirm that plant practices do not disturb the hydrologic room for more plants to grow. This distribution is similar to observed regime, and avoiding activities that should provide room for expansion of distributions over the last 10 years. might concentrate water flows or the existing populations. Should Our approach to delineating critical sediments into critical habitat. recovery planning for this species habitat units was applied in the Additionally, threats related to both include actions to augment or establish following manner: control of nonnative, invasive species additional populations, the proposed (1) We overlaid Gierisch mallow and fire suppression and fire-related critical habitat units will provide for locations into a GIS database. This activities resulting from the spread of enough habitat to allow for those provided us with the ability to examine nonnative, invasive species include: activities. Therefore, we conclude that slope, aspect, elevation, vegetation • Crushing and trampling of plants additional areas outside of the community, and topographic features, from fire suppression and treatment geographic range of the Gierisch mallow such as drainages in relation to the activities; are not needed to conserve the species. locations of Gierisch mallow on the There is no information on the • Damage to seedbank as a result of landscape. The locations of Gierisch historical range of this species; however, fire severity; mallow, and their relationship to it is possible that the gypsum hills • Soil erosion; and landscape features, verified our supported populations of the Gierisch • An increase of invasive plant previous knowledge of the species and mallow before active mining (and species that may compete with native slightly expanded the previously removal of the gypsum) began, but there plant species as a result of wildfires recorded elevation ranges for Gierisch is no information that the species removing non-fire-adapted native plant mallow. We examined Gierisch mallow occurred outside of its current range. species or as a result of fire suppression locations in an attempt to identify any Currently, there are 18 known equipment introducing invasive plant correlation with aspect, slope, and species. populations restricted to less than approximately 186 ha (460 ac) in occurrence location for this species; Criteria Used To Identify Critical Arizona and Utah, combined. The main however we found no such correlation. Habitat populations in Arizona are located To better understand the relationship south of the Black Knolls, of the Gierisch mallow locations to Geographic Range Occupied at the Time specific soils, we also examined soil of Listing approximately 19.3 km (12 mi) southwest of St. George, Utah, with the series layers, aerial photography, and As required by section 4(b)(2) of the southernmost population of this group hardcopy geologic maps. For Gierisch Act, we use the best scientific data being on the edge of Black Rock Gulch mallow, we analyzed soil survey layers. available to designate critical habitat. near Mokaac Mountain. There is another For Gierisch mallow locations in Utah, We review available information population approximately 4.8 km (3 mi) we found that 26.02 percent of all pertaining to the habitat requirements of north of the Black Knolls, on ASLD individuals rangewide (AZ and UT) are the species. In accordance with the Act lands near the Arizona/Utah State line. associated with Badland, and 0.03 and its implementing regulation at 50 The Utah population is located on BLM percent of all individuals are associated CFR 424.12(e), we consider whether lands within 3.2 km (2 mi) of the with Fluvaquents and Torrifluvents soil designating additional areas—outside Arizona/Utah State line, near the complexes. In Arizona, we found that those currently occupied as well as Arizona population on ASLD land. occupied sites are associated with the those occupied at the time of listing— Gypsum outcrops associated with the following soil types (percentages are are necessary to ensure the conservation Harrisburg Member are scattered rangewide): of the species. We are proposing to throughout BLM lands in northern • Nikey-Ruesh complex (3.14 designate critical habitat in areas within Arizona and southern Utah. Extensive percent), the geographic area occupied by the surveys were conducted in these areas • Gypill-Hobog complex (65.94 species as described above in the because numerous other rare plant percent), proposed rule to list the Gierisch species are associated with these • Hobog-Tidwell complex (3.53 mallow and that contain one or more of landforms. Gierisch mallow plants were percent), the identified primary constituent not located in any other areas beyond • Hobog-Grapevine complex (0.85 elements. We are not currently what is currently known and described percent), proposing to designate any areas outside above (Atwood 2008, p. 1). In • Grapevine-Shelly complex (0.24 the geographic area occupied by the identifying proposed critical habitat percent), and

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• Hindu-Rock outcrop-Gypill Albers Equal Area (Albers) North We are proposing for designation of complex (0.25 percent) (Service American Datum 83 (NAD 83) critical habitat lands that we have unpublished data). coordinates. determined areas occupied at the time This provided us with several When determining proposed critical of listing and contain sufficient polygons of occupied habitat spread habitat boundaries, we made every elements of physical or biological across the above soil series. effort to avoid including developed features to support life-history processes (2) To further refine our critical areas such as lands covered by essential for the conservation of the habitat, we then included a 1,200 m buildings, pavement, and other species. No lands outside of the (3,937 feet) buffer around the polygons structures because such lands lack geographic area occupied at the time of of occupied habitat to ensure that all physical or biological features for listing have been proposed for listing. potential pollinators would have a Gierisch mallow. The scale of the maps The area included in both units is large sufficient land base to establish nesting we prepared under the parameters for enough and contains sufficient habitat sites and to provide pollinating services publication within the Code of Federal to ensure the conservation of Gierisch for Gierisch mallow, as described in Regulations may not reflect the mallow. Primary Constituent Elements above. exclusion of such developed lands. Any Proposed Critical Habitat Designation Additionally, the 1,200 m (3,937 feet) such lands inadvertently left inside buffer included three other gypsiferous critical habitat boundaries shown on the We are proposing two units as critical soil types that also contain the maps of this proposed rule have been habitat for Gierisch mallow. Both units necessary habitat for the Gierisch excluded by text in the proposed rule are occupied and contain features that mallow. These soil types are the and are not proposed for designation as are essential to the conservation of • Riverwash, critical habitat. Therefore, if the critical Gierisch mallow. We mapped the units • Cave-Harrisburg-Grapevine habitat is finalized as proposed, a with a degree of precision complex, and Federal action involving these lands commensurate with the available • Grapevine-Hobcan complex. would not trigger section 7 consultation information and the size of the unit. The (3) We then drew critical habitat with respect to critical habitat and the two areas we propose as critical habitat boundaries that captured the locations, requirement of no adverse modification are the Starvation Point Unit and the soils, and pollinator habitat elucidated unless the specific action would affect Black Knolls Unit. The approximate under (1) and (2) above. Critical habitat the physical or biological features in the area of each proposed critical habitat designations were then mapped using adjacent critical habitat. unit is shown in Table 3.

TABLE 3—PROPOSED CRITICAL HABITAT UNITS FOR GIERISCH MALLOW [Area estimates reflect all land within critical habitat unit boundaries]

Critical Habitat unit BLM AZ Federal BLM UT Federal AZ State Lands Totals

Unit 1. Starvation Point ..... 0 ...... 1,022 ha (2,526 ac) ...... 316 ha (782 ac) ...... 1,339 ha (3,309 ac). Unit 2. Black Knolls ...... 3,586 ha (8,862 ac) ...... 0 ...... 263 ha (651 ac) ...... 3,850 ha (9,513 ac).

Totals ...... 3,586 ha (8,862 ac) ...... 1,022 ha (2,526 ac) ...... 580 ac (1,434 ac) ...... 5,189 ha (12,822 ac). Note: Area sizes may not sum due to rounding.

We present brief descriptions of all activities that disrupt the soil Unit 2: Black Knolls units, and reasons why they meet the composition, and to maintain the This unit consists of approximately definition of critical habitat for Gierisch identified associated vegetation and mallow, as follows. 3,850 ha (9,513.30 ac) and occurs on pollinators essential to the conservation land managed by both Arizona BLM Unit 1: Starvation Point of the species. The portion of habitat (3,586.28 ha; 8,861.90 ac) and ASLD that occurs on ASLD occurs within the (263.62 ha; 651.41 acres). This unit is This unit consists of approximately footprint of the Georgia-Pacific Mine, 1,339 ha (3,308.7 ac) and occurs on land occupied at the time of listing and which could resume gypsum mining managed by both Utah BLM (1,022 ha; contains the features essential to the operations in the near future. Grazing, 2,526.46 ac) and ASLD (316 ha; 782.24 conservation of the species. Unit 2 ac). This unit was occupied at the time which can modify the primary contains the remaining 16 Gierisch of listing and contains the features constituent elements and may require mallow populations, including the essential to the conservation of the special management, typically occurs largest population. Unit 2 is located species. Unit 1 contains two Gierisch outside of the growing season for south of I–15 as this highway crosses mallow populations, including the Gierisch mallow in the one pasture on the State line of Arizona and Utah, and second largest population. Unit 1 is BLM land within this unit; however, is bounded by Black Rock Gulch to the located west of I–15 as this highway recent wildfires in adjacent pastures in west and Mokaac Mountain to the south crosses the State line of Arizona and this allotment have resulted in livestock and east. Utah, and is bounded by the Virgin grazing occurring into the spring The features essential to the River to the west and I–15 to the south growing season for Gierisch mallow. conservation of the species may require and east. These recently burned pastures have special management considerations or The features essential to the since been rehabilitated, and livestock protection to control invasive plant conservation of the species may require grazing is anticipated to return to its species, to control habitat degradation special management considerations or normal grazing rotation of November 1 due to mining activities that disrupt the protection to control invasive plant to February 28 in the future (Douglas soil composition, and to maintain the species, to control habitat degradation 2012, p. 1). identified associated vegetation and due to the recreation and mining pollinators essential to the conservation

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of the species. The largest population of (such as funding from the Federal request reinitiation of consultation with Gierisch mallow occurs in the area of Highway Administration, Federal us on actions for which formal the proposed expansion of the Black Aviation Administration, or the Federal consultation has been completed, if Rock Gypsum Mine. As described in the Emergency Management Agency). those actions with discretionary proposed listing discussion above, Federal actions not affecting listed involvement or control may affect grazing on BLM AZ lands typically species or critical habitat, and actions subsequently listed species or occurs during the growing season for on State, tribal, local, or private lands designated critical habitat. Gierisch mallow on all three BLM AZ that are not federally funded or allotments and is expected to modify authorized, do not require section 7 Application of the ‘‘Adverse the primary constituent elements, consultation. Modification’’ Standard although some of the pastures are in a As a result of section 7 consultation, The key factor related to the adverse we document compliance with the rest/rotation system in which a pasture modification determination is whether, requirements of section 7(a)(2) through may see an entire year of rest before with implementation of the proposed being grazed again. our issuance of: (1) A concurrence letter for Federal Federal action, the affected critical Effects of Critical Habitat Designation actions that may affect, but are not habitat would continue to serve its intended conservation role for the Section 7 Consultation likely to adversely affect, listed species or critical habitat; or species. Activities that may destroy or Section 7(a)(2) of the Act requires (2) A biological opinion for Federal adversely modify critical habitat are Federal agencies, including the Service, actions that may affect, or are likely to those that alter the physical or to ensure that any action they fund, adversely affect, listed species or critical biological features to an extent that authorize, or carry out is not likely to habitat. appreciably reduces the conservation jeopardize the continued existence of When we issue a biological opinion value of critical habitat for Gierisch any endangered species or threatened concluding that a project is likely to mallow. As discussed above, the role of species or result in the destruction or jeopardize the continued existence of a critical habitat is to support life-history adverse modification of designated listed species and/or destroy or needs of the species and provide for the critical habitat of such species. In adversely modify critical habitat, we conservation of the species. addition, section 7(a)(4) of the Act provide reasonable and prudent Section 4(b)(8) of the Act requires us requires Federal agencies to confer with alternatives to the project, if any are to briefly evaluate and describe, in any the Service on any agency action that is identifiable, that would avoid the proposed or final regulation that likely to jeopardize the continued likelihood of jeopardy and/or designates critical habitat, activities existence of any species proposed to be destruction or adverse modification of involving a Federal action that may listed under the Act or result in the critical habitat. We define ‘‘reasonable destroy or adversely modify such destruction or adverse modification of and prudent alternatives’’ (at 50 CFR proposed critical habitat. habitat, or that may be affected by such 402.02) as alternative actions identified designation. Decisions by the 5th and 9th Circuit during consultation that: Courts of Appeals have invalidated our (1) Can be implemented in a manner Activities that may affect critical regulatory definition of ‘‘destruction or consistent with the intended purpose of habitat, when carried out, funded, or adverse modification’’ (50 CFR 402.02) the action, authorized by a Federal agency, should (see Gifford Pinchot Task Force v. U.S. (2) Can be implemented consistent result in consultation for the Gierisch Fish and Wildlife Service, 378 F. 3d with the scope of the Federal agency’s mallow. These activities include, but are 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction, not limited to, actions that would U.S. Fish and Wildlife Service et al., 245 (3) Are economically and significantly alter soil composition that F.3d 434, 442 (5th Cir. 2001)), and we technologically feasible, and Gierisch mallow requires, including but do not rely on this regulatory definition (4) Would, in the Director’s opinion, not limited to mining operations, when analyzing whether an action is avoid the likelihood of jeopardizing the livestock grazing, and special use likely to destroy or adversely modify continued existence of the listed species permits for recreation activities. critical habitat. Under the statutory and/or avoid the likelihood of Exemptions provisions of the Act, we determine destroying or adversely modifying destruction or adverse modification on critical habitat. Application of Section 4(a)(3) of the Act the basis of whether, with Reasonable and prudent alternatives implementation of the proposed Federal can vary from slight project The National Defense Authorization action, the affected critical habitat modifications to extensive redesign or Act for Fiscal Year 2004 (Pub. L. 108– would continue to serve its intended relocation of the project. Costs 136) amended the Act to limit areas conservation role for the species. associated with implementing a eligible for designation as critical If a Federal action may affect a listed reasonable and prudent alternative are habitat. Specifically, section 4(a)(3)(B)(i) species or its critical habitat, the similarly variable. of the Act (16 U.S.C. 1533(a)(3)(B)(i)) responsible Federal agency (action Regulations at 50 CFR 402.16 require now provides: ‘‘The Secretary shall not agency) must enter into consultation Federal agencies to reinitiate designate as critical habitat any lands or with us. Examples of actions that are consultation on previously reviewed other geographic areas owned or subject to the section 7 consultation actions in instances where we have controlled by the Department of process are actions on State, tribal, listed a new species or subsequently Defense, or designated for its use, that local, or private lands that require a designated critical habitat that may be are subject to an integrated natural Federal permit (such as a permit from affected and the Federal agency has resources management plan prepared the U.S. Army Corps of Engineers under retained discretionary involvement or under section 101 of the Sikes Act (16 section 404 of the Clean Water Act (33 control over the action (or the agency’s U.S.C. 670a), if the Secretary determines U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is in writing that such plan provides a Service under section 10 of the Act) or authorized by law). Consequently, benefit to the species for which critical that involve some other Federal action Federal agencies sometimes may need to habitat is proposed for designation.’’

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There are no Department of Defense that time, copies of the draft economic that our proposed listing and critical lands within the proposed critical analysis will be available for habitat designation are based on habitat designation. downloading from the Internet at scientifically sound data, assumptions, http://www.regulations.gov, or by and analyses. We have invited these Exclusions contacting the Arizona Ecological peer reviewers to comment during this Application of Section 4(b)(2) of the Act Services Field Office directly (see FOR public comment period on our specific Section 4(b)(2) of the Act states that FURTHER INFORMATION CONTACT). During assumptions and conclusions in this the Secretary shall designate and make the development of a final designation, proposed rule. revisions to critical habitat on the basis we will consider economic impacts, We will consider all comments and public comments, and other new of the best available scientific data after information received during this information, and areas may be excluded taking into consideration the economic comment period on this proposed rule from the final critical habitat impact, national security impact, and during our preparation of a final designation under section 4(b)(2) of the any other relevant impact of specifying determination. Accordingly, the final Act and our implementing regulations at any particular area as critical habitat. decision may differ from this proposal. 50 CFR 424.19. The Secretary may exclude an area from Public Hearings critical habitat if he determines that the Exclusions Based on National Security Section 4(b)(5) of the Act provides for benefits of such exclusion outweigh the Impacts one or more public hearings on this benefits of specifying such area as part Under section 4(b)(2) of the Act, we proposal, if requested. Requests must be of the critical habitat, unless he consider whether there are lands owned received within 45 days after the date of determines, based on the best scientific or managed by the Department of publication of this proposed rule in the data available, that the failure to Defense where a national security Federal Register. Such requests must be designate such area as critical habitat impact might exist. In preparing this sent to the address shown in FOR will result in the extinction of the proposal, we have determined that the FURTHER INFORMATION CONTACT. We will species. In making that determination, lands within the proposed designation schedule public hearings on this the statute on its face, as well as the of critical habitat for the Gierisch proposal, if any are requested, and legislative history, are clear that the mallow are not owned or managed by announce the dates, times, and places of Secretary has broad discretion regarding the Department of Defense, and, those hearings, as well as how to obtain which factor(s) to use and how much therefore, we anticipate no impact on reasonable accommodations, in the weight to give to any factor. national security. Consequently, the Under section 4(b)(2) of the Act, we Federal Register and local newspapers Secretary does not propose to exert his at least 15 days before the hearing. may exclude an area from designated discretion to exclude any areas from the critical habitat based on economic final designation based on impacts on Required Determinations impacts, impacts on national security, national security. or any other relevant impacts. In Regulatory Planning and Review— considering whether to exclude a Exclusions Based on Other Relevant Executive Orders 12866 and 13563 particular area from the designation, we Impacts Executive Order 12866 provides that identify the benefits of including the Under section 4(b)(2) of the Act, we the Office of Information and Regulatory area in the designation, identify the consider any other relevant impacts, in Affairs (OIRA) will review all significant benefits of excluding the area from the addition to economic impacts and rules. The Office of Information and designation, and evaluate whether the impacts on national security. We Regulatory Affairs has determined that benefits of exclusion outweigh the consider a number of factors, including this rule is not significant. benefits of inclusion. If the analysis whether the landowners have developed Executive Order 13563 reaffirms the indicates that the benefits of exclusion any habitat conservation plans or other principles of E.O. 12866, while calling outweigh the benefits of inclusion, the management plans for the area, or for improvements in the nation’s Secretary may exercise his discretion to whether there are conservation regulatory system to promote exclude the area only if such exclusion partnerships that would be encouraged predictability, to reduce uncertainty, would not result in the extinction of the by designation of, or exclusion from, and to use the best, most innovative, species. critical habitat. In addition, we look at and least burdensome tools for achieving regulatory ends. The Exclusions Based on Economic Impacts any tribal issues, and consider the government-to-government relationship executive order directs agencies to Under section 4(b)(2) of the Act, we of the United States with tribal entities. consider regulatory approaches that consider the economic impacts of We also consider any social impacts that reduce burdens and maintain flexibility specifying any particular area as critical might occur because of the designation. and freedom of choice for the public habitat. In order to consider economic We are not proposing any exclusions where these approaches are relevant, impacts, we are preparing an analysis of at this time from the proposed critical feasible, and consistent with regulatory the economic impacts of the proposed habitat designation under section 4(b)(2) objectives. E.O. 13563 emphasizes critical habitat designation and related of the Act based on partnerships, further that regulations must be based factors. Potential land use sectors that management, or protection afforded by on the best available science and that may be affected by the critical habitat cooperative management efforts. the rulemaking process must allow for designation include mining, livestock public participation and an open operations, and OHV use, and recreation Peer Review exchange of ideas. We have developed activities. We also consider any social In accordance with our joint policy on this rule in a manner consistent with impacts that might occur because of the peer review published in the Federal these requirements. designation. Register on July 1, 1994 (59 FR 34270), We will announce the availability of we will seek the expert opinions of at Regulatory Flexibility Act (5 U.S.C. 601 the draft economic analysis as soon as least three appropriate and independent et seq.) it is completed, at which time we will specialists regarding this proposed rule. Under the Regulatory Flexibility Act seek public review and comment. At The purpose of peer review is to ensure (RFA; 5 U.S.C. 601 et seq.) as amended

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by the Small Business Regulatory significant energy action, and no otherwise require approval or Enforcement Fairness Act (SBREFA) of Statement of Energy Effects is required. authorization from a Federal agency for 1996 (5 U.S.C. 801 et seq.), whenever an However, we will further evaluate this an action, may be indirectly impacted agency must publish a notice of issue as we conduct our economic by the designation of critical habitat, the rulemaking for any proposed or final analysis, and review and revise this legally binding duty to avoid rule, it must prepare and make available assessment as warranted. destruction or adverse modification of for public comment a regulatory critical habitat rests squarely on the Unfunded Mandates Reform Act flexibility analysis that describes the Federal agency. Furthermore, to the (2 U.S.C. 1501 et seq.) effects of the rule on small entities extent that non-Federal entities are (small businesses, small organizations, In accordance with the Unfunded indirectly impacted because they and small government jurisdictions). Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate However, no regulatory flexibility seq.), we make the following findings: in a voluntary Federal aid program, the analysis is required if the head of the (1) This rule would not produce a Unfunded Mandates Reform Act would agency certifies the rule will not have a Federal mandate. In general, a Federal not apply, nor would critical habitat significant economic impact on a mandate is a provision in legislation, shift the costs of the large entitlement substantial number of small entities. statute, or regulation that would impose programs listed above onto State The SBREFA amended the RFA to an enforceable duty upon State, local, or governments. require Federal agencies to provide a tribal governments, or the private sector, (2) We do not believe that this rule certification statement of the factual and includes both ‘‘Federal would significantly or uniquely affect basis for certifying that the rule will not intergovernmental mandates’’ and small governments because the lands have a significant economic impact on ‘‘Federal private sector mandates.’’ being proposed for critical habitat a substantial number of small entities. These terms are defined in 2 U.S.C. designation are owned by the State of At this time, we lack the available 658(5)–(7). ‘‘Federal intergovernmental Arizona and the BLM. Neither of these economic information necessary to mandate’’ includes a regulation that government entities fit the definition of provide an adequate factual basis for the ‘‘would impose an enforceable duty ‘‘small governmental jurisdiction.’’ required RFA finding. Therefore, we upon State, local, or tribal governments’’ Therefore, a Small Government Agency defer the RFA finding until completion with two exceptions. It excludes ‘‘a Plan is not required. However, we will of the draft economic analysis prepared condition of Federal assistance.’’ It also further evaluate this issue as we under section 4(b)(2) of the Act and excludes ‘‘a duty arising from conduct our economic analysis, and Executive Order 12866. This draft participation in a voluntary Federal review and revise this assessment as economic analysis will provide the program,’’ unless the regulation ‘‘relates warranted. required factual basis for the RFA to a then-existing Federal program Takings—Executive Order 12630 finding. Upon completion of the draft under which $500,000,000 or more is economic analysis, we will announce provided annually to State, local, and In accordance with Executive Order availability of the draft economic tribal governments under entitlement 12630 (Government Actions and analysis of the proposed designation in authority,’’ if the provision would Interference with Constitutionally the Federal Register and reopen the ‘‘increase the stringency of conditions of Protected Private Property Rights), we public comment period for the proposed assistance’’ or ‘‘place caps upon, or will analyze the potential takings designation. We will include with this otherwise decrease, the Federal implications of designating critical announcement, as appropriate, an initial Government’s responsibility to provide habitat for Gierisch mallow in a takings regulatory flexibility analysis or a funding,’’ and the State, local, or tribal implications assessment. Critical habitat certification that the rule will not have governments ‘‘lack authority’’ to adjust designation does not affect landowner a significant economic impact on a accordingly. At the time of enactment, actions that do not require Federal substantial number of small entities these entitlement programs were: funding or permits, nor does it preclude accompanied by the factual basis for Medicaid; Aid to Families with development of habitat conservation that determination. Dependent Children work programs; programs or issuance of incidental take We have concluded that deferring the Child Nutrition; Food Stamps; Social permits to permit actions that do require RFA finding until completion of the Services Block Grants; Vocational Federal funding or permits to go draft economic analysis is necessary to Rehabilitation State Grants; Foster Care, forward. meet the purposes and requirements of Adoption Assistance, and Independent Federalism—Executive Order 13132 the RFA. Deferring the RFA finding in Living; Family Support Welfare this manner will ensure that we make a Services; and Child Support In accordance with Executive Order sufficiently informed determination Enforcement. ‘‘Federal private sector 13132 (Federalism), this proposed rule based on adequate economic mandate’’ includes a regulation that does not have significant Federalism information and provide the necessary ‘‘would impose an enforceable duty effects. A Federalism summary impact opportunity for public comment. upon the private sector, except (i) a statement is not required. In keeping condition of Federal assistance or (ii) a with Department of the Interior and Energy Supply, Distribution, or Use— duty arising from participation in a Department of Commerce policy, we Executive Order 13211 voluntary Federal program.’’ requested information from, and Executive Order 13211 (Actions The designation of critical habitat coordinated development of, this Concerning Regulations That does not impose a legally binding duty proposed critical habitat designation Significantly Affect Energy Supply, on non-Federal Government entities or with appropriate State resource agencies Distribution, or Use) requires agencies private parties. Under the Act, the only in Arizona and Utah. The designation of to prepare Statements of Energy Effects regulatory effect is that Federal agencies critical habitat in areas currently when undertaking certain actions. We must ensure that their actions do not occupied by the Gierisch mallow do not expect the designation of this destroy or adversely modify critical imposes no additional restrictions to proposed critical habitat to significantly habitat under section 7. While non- those currently in place and, therefore, affect energy supplies, distribution, or Federal entities that receive Federal has little incremental impact on State use. Therefore, this action is not a funding, assistance, or permits, or that and local governments and their

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activities. The designation may have National Environmental Policy Act (42 Government-to-Government some benefit to these governments U.S.C. 4321 et seq.) Relationship With Tribes because the areas that contain the In accordance with the President’s physical or biological features essential We have determined that memorandum of April 29, 1994 to the conservation of the species are environmental assessments and (Government-to-Government Relations more clearly defined, and the elements environmental impact statements, as with Native American Tribal of the features of the habitat necessary defined under the authority of the National Environmental Policy Act Governments; 59 FR 22951), Executive to the conservation of the species are (NEPA; 42 U.S.C. 4321 et seq.), need not Order 13175 (Consultation and specifically identified. This information be prepared Species Act. We published Coordination with Indian Tribal does not alter where and what federally a notice outlining our reasons for this Governments), and the Department of sponsored activities may occur. determination in the Federal Register the Interior’s manual at 512 DM 2, we However, it may assist local on October 25, 1983 (48 FR 49244). readily acknowledge our responsibility governments in long-range planning to communicate meaningfully with (rather than having them wait for case- It is our position that, outside the jurisdiction of the U.S. Court of Appeals recognized Federal Tribes on a by-case section 7 consultations to government-to-government basis. In occur). for the Tenth Circuit, we do not need to prepare environmental analyses accordance with Secretarial Order 3206 Where State and local governments pursuant to NEPA in connection with of June 5, 1997 (American Indian Tribal require approval or authorization from a designating critical habitat under the Rights, Federal-Tribal Trust Federal agency for actions that may Act. We published a notice outlining Responsibilities, and the Endangered affect critical habitat, consultation our reasons for this determination in the Species Act), we readily acknowledge under section 7(a)(2) would be required. Federal Register on October 25, 1983 our responsibilities to work directly While non-Federal entities that receive (48 FR 49244). This position was upheld with tribes in developing programs for Federal funding, assistance, or permits, by the U.S. Court of Appeals for the healthy ecosystems, to acknowledge that or that otherwise require approval or Ninth Circuit (Douglas County v. tribal lands are not subject to the same authorization from a Federal agency for Babbitt, 48 F.3d 1495 (9th Cir. 1995), controls as Federal public lands, to an action, may be indirectly impacted cert. denied 516 U.S. 1042 (1996)). remain sensitive to Indian culture, and by the designation of critical habitat, the However, when the range of the species to make information available to tribes. legally binding duty to avoid includes States within the Tenth We determined that there are no tribal destruction or adverse modification of Circuit, such as that of Gierisch mallow, lands that are occupied by the Gierisch critical habitat rests squarely on the under the Tenth Circuit ruling in Catron mallow that contain the features Federal agency. County Board of Commissioners v. U.S. essential for conservation of the species, Fish and Wildlife Service, 75 F.3d 1429 and no tribal lands unoccupied by the Civil Justice Reform—Executive Order Gierisch mallow that are essential for 12988 (10th Cir. 1996), we will undertake a NEPA analysis for critical habitat the conservation of the species. In accordance with Executive Order designation and notify the public of the Therefore, we are not proposing to 12988 (Civil Justice Reform), the Office availability of the draft environmental designate critical habitat for the Gierisch of the Solicitor has determined that the assessment for this proposal when it is mallow on tribal lands. rule does not unduly burden the judicial finished. References Cited system and that it meets the Clarity of the Rule requirements of sections 3(a) and 3(b)(2) A complete list of references cited in of the Order. We have proposed We are required by Executive Orders this rulemaking is available on the designating critical habitat in 12866 and 12988 and by the Internet at http://www.regulations.gov at accordance with the provisions of the Presidential Memorandum of June 1, Docket No. FWS–R2–ES–2012–0049 and Act. This proposed rule uses standard 1998, to write all rules in plain upon request from the Arizona mapping technology and identifies the language. This means that each rule we Ecological Services Field Office (see FOR elements of physical or biological publish must: FURTHER INFORMATION CONTACT). features essential to the conservation of (1) Be logically organized, Authors the Gierisch mallow within the (2) Use the active voice to address designated areas to assist the public in The primary authors of this package readers directly, understanding the habitat needs of the are the staff members of the Arizona species. (3) Use clear language rather than Ecological Services Field Office. jargon, List of Subjects in 50 CFR Part 17 Paperwork Reduction Act of 1995 (4) Be divided into short sections and (44 U.S.C. 3501 et seq.) sentences, and Endangered and threatened species, Exports, Imports, Reporting and This rule does not contain any new (5) Use lists and tables wherever possible. recordkeeping requirements, collections of information that require Transportation. approval by OMB under the Paperwork If you feel that we have not met these Reduction Act of 1995 (44 U.S.C. 3501 requirements, send us comments by one Proposed Regulation Promulgation et seq.). This rule will not impose of the methods listed in the ADDRESSES Accordingly, we propose to amend recordkeeping or reporting requirements section. To better help us revise the part 17, subchapter B of chapter I, title on State or local governments, rule, your comments should be as 50 of the Code of Federal Regulations, individuals, businesses, or specific as possible. For example, you as set forth below: organizations. An agency may not should tell us the numbers of the conduct or sponsor, and a person is not sections or paragraphs that are unclearly PART 17—[AMENDED] required to respond to, a collection of written, which sections or sentences are information unless it displays a too long, the sections where you feel 1. The authority citation for part 17 currently valid OMB control number. lists or tables would be useful, etc. continues to read as follows:

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Authority: 16 U.S.C. 1361–1407; 16 U.S.C. List of Endangered and Threatened § 17.12 Endangered and threatened plants. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Plants in alphabetical order under * * * * * 625, 100 Stat. 3500; unless otherwise noted. ‘‘Flowering Plants.’’ (h) * * * 2. Amend § 17.12(h) by adding an entry for ‘‘Sphaeralcea gierischii’’ to the

Species Historic Family Status When Critical Special Scientific name Common name range listed habitat rules

FLOWERING PLANTS

******* Sphaeralcea Gierisch mallow ...... U.S.A (AZ, UT) ...... Malvaceae ...... E ...... 17.96(a) NA gierischii.

*******

3. In § 17.96, amend paragraph (a) by (B) Fluvaquents and Torrifluvents, aqueducts, runways, roads, and other adding an entry for ‘‘Sphaeralcea (C) Riverwash, paved areas) and the land on which they gierischii (Gierisch mallow),’’ in (D) Cave-Harrisburg-Grapevine are located existing within the legal alphabetical order under the family complex, boundaries on the effective date of this Malvaceae, to read as follows: (E) Grapevine-Hobcan complex, rule. (F) Nikey-Ruesh complex, § 17.96 Critical habitat—plants. (G) Gypill-Hobog complex, (4) Critical habitat map units. Data (a) Flowering plants. (H) Hobog-Tidwell complex, layers defining map units were created (I) Hobog-Grapevine complex, using Albers Equal Area (Albers) North * * * * * (J) Grapevine-Shelly complex, and American Datum 83 (NAD 83) Family Malvaceae: Sphaeralcea (K) Hindu-Rock outcrop-Gypill coordinates. The maps in this entry, as gierischii (Gierisch mallow) complex. modified by any accompanying (1) Critical habitat units are depicted (ii) Appropriate Mojave desert scrub regulatory text, establish the boundaries for Washington County, Utah, and plant community and associated native of the critical habitat designation. The Mohave County, Arizona, on the maps species for the soil types at the sites coordinates or plot points or both on below. listed in paragraph (2)(i) of this entry. which each map is based are available (2) Within these areas, the primary (iii) The presence of insect visitors or to the public at the Service’s Internet constituent elements of the physical or pollinators, such as the globemallow bee site (http://www.fws.gov/southwest/es/ biological features essential to the and other solitary bees. To ensure the Arizona/), Regulations.gov (http:// conservation of Gierisch mallow consist proper suite of pollinators are present, www.regulations.gov), at Docket No. of the following components: this includes habitat that provides FWS–R2–ES–2012–0049, and at the (i) Appropriate geological layers or nesting substrate for pollinators in the field office responsible for this gypsiferous soils, in the Harrisburg areas described in paragraph (2)(ii) of Member of the Kaibab Formation, that designation. You may obtain field office this entry. location information by contacting one support individual Gierisch mallow (iv) Areas free of disturbance and of the Service regional offices, the plants or their habitat, within the areas with low densities or absence of addresses of which are listed at 50 CFR elevation range of 775 to 1,148 m (2,477 nonnative, invasive plants, such as red 2.2. to 3,766 ft). Appropriate soils are brome and cheatgrass. defined as: (3) Critical habitat does not include (5) Index map follows: (A) Badland, manmade structures (such as buildings, BILLING CODE 4310–55–P

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(6) Unit 1: Starvation Point Unit, Washington County, Utah. Map of Units Mohave County, Arizona, and 1 and 2 follows:

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(7) Unit 2: Black Knolls Unit, Mohave is provided at paragraph (6) of this Dated: August 6, 2012. County, Arizona. Map of Units 1 and 2 entry. Eileen Sobeck, * * * * * Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–20086 Filed 8–16–12; 8:45 am] BILLING CODE 4310–55–C

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Part IV

Department of Commerce

National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Seismic Survey in the Beaufort and Chukchi Seas, Alaska; Notice

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DEPARTMENT OF COMMERCE CONTACT), or visiting the internet at: pursuit, torment, or annoyance which (i) http://www.nmfs.noaa.gov/pr/permits/ has the potential to injure a marine National Oceanic and Atmospheric incidental.htm#applications. The mammal or marine mammal stock in the Administration following associated document is also wild [‘‘Level A harassment’’]; or (ii) has available at the same internet address: the potential to disturb a marine RIN 0648–XC091 Draft Plan of Cooperation. Documents mammal or marine mammal stock in the Takes of Marine Mammals Incidental to cited in this notice may also be viewed, wild by causing disruption of behavioral Specified Activities; Taking Marine by appointment, during regular business patterns, including, but not limited to, Mammals Incidental to Marine Seismic hours, at the aforementioned address. migration, breathing, nursing, breeding, Survey in the Beaufort and Chukchi FOR FURTHER INFORMATION CONTACT: feeding, or sheltering [‘‘Level B Seas, Alaska Shane Guan, Office of Protected harassment’’]. Resources, NMFS, (301) 427–8401. Summary of Request AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: Service (NMFS), National Oceanic and NMFS received an application on Atmospheric Administration (NOAA), Background March 1, 2012, from ION for the taking, by harassment, of marine mammals Commerce. Sections 101(a)(5)(A) and (D) of the ACTION: Notice; proposed incidental incidental to a marine seismic survey in MMPA (16 U.S.C. 1361 et seq.) direct ice in the Beaufort and Chukchi Seas, harassment authorization; request for the Secretary of Commerce to allow, comments. Alaska, during October through upon request, the incidental, but not December 2012. After addressing intentional, taking of small numbers of SUMMARY: comments from NMFS, ION modified its NMFS received an marine mammals by U.S. citizens who application from ION Geophysical (ION) application and submitted a revised engage in a specified activity (other than application on June 11, 2012. The June for an Incidental Harassment commercial fishing) within a specified Authorization (IHA) to take marine 11, 2012, application is the one geographical region if certain findings available for public comment (see mammals, by harassment only, are made and either regulations are incidental to a proposed marine seismic ADDRESSES) and considered by NMFS issued or, if the taking is limited to for this proposed IHA. ION also survey in the Beaufort and Chukchi harassment, a notice of a proposed Seas, Alaska, between October and submitted IHA applications for authorization is provided to the public essentially the same in-ice seismic December 2012. Pursuant to the Marine for review. Mammal Protection Act (MMPA), NMFS survey activity in 2010 and 2011. An authorization for incidental However, in both years ION withdrew is requesting comments on its proposal takings shall be granted if NMFS finds to issue an IHA to ION to take, by its applications due to logistical issues that the taking will have a negligible in carrying out such activities before harassment, nine species of marine impact on the species or stock(s), will mammals during the specified activity. NMFS published a notice of proposed not have an unmitigable adverse impact IHA and request for public comments. DATES: Comments and information must on the availability of the species or Take by Level B harassment only of nine be received no later than September 17, stock(s) for subsistence uses (where species of marine mammals is 2012. relevant), and if the permissible anticipated to result from the specified ADDRESSES: Comments on the methods of taking and requirements activity. ION has also requested application should be addressed to pertaining to the mitigation, monitoring authorization for Level A harassment of Michael Payne, Chief, Permits and and reporting of such takings are set a few individuals of bowhead whale, Conservation Division, Office of forth. NMFS has defined ‘‘negligible beluga whale, and ringed seal. Protected Resources, National Marine impact’’ in 50 CFR 216.103 as ‘‘* * * an Fisheries Service, 1315 East-West impact resulting from the specified Description of the Specified Activity Highway, Silver Spring, MD 20910. The activity that cannot be reasonably ION’s proposed activities consist of a mailbox address for providing email expected to, and is not reasonably likely geophysical in-ice (seismic reflection/ comments is [email protected]. NMFS to, adversely affect the species or stock refraction) survey and related vessel is not responsible for email comments through effects on annual rates of operations to be conducted primarily in sent to addresses other than the one recruitment or survival.’’ the Alaskan Beaufort and Chukchi seas provided here. Comments sent via Section 101(a)(5)(D) of the MMPA from October to December 2012. The email, including all attachments, must established an expedited process by primary survey area extends from the not exceed a 25-megabyte file size. which citizens of the U.S. can apply for U.S.–Canadian border in the east to Instructions: All comments received a one-year authorization to incidentally Point Barrow in the west. Two survey are a part of the public record and will take small numbers of marine mammals lines extend west of Point Barrow into generally be posted to http:// by harassment, provided that there is no the northern Chukchi Sea, and three www.nmfs.noaa.gov/pr/permits/ potential for serious injury or mortality short tie lines are proposed near the incidental.htm#applications without to result from the activity. Section U.S.–Russian border (see Figure 1 of change. All Personal Identifying 101(a)(5)(D) establishes a 45-day time ION’s IHA application). The bathymetry Information (for example, name, limit for NMFS review of an application of the proposed survey area ranges from address, etc.) voluntarily submitted by followed by a 30-day public notice and shallow (<20 m [66 ft]) to relatively the commenter may be publicly comment period on any proposed deep (≤3,500 m [11,483 ft]) water over accessible. Do not submit Confidential authorizations for the incidental the continental shelf, the continental Business Information or otherwise harassment of marine mammals. Within slope, and the abyssal plain. sensitive or protected information. 45 days of the close of the comment The survey would be conducted from An electronic copy of the application period, NMFS must either issue or deny the seismic vessel Geo Arctic escorted used in this document may be obtained the authorization. by the Polar Prince, a medium class by writing to the address specified Except with respect to certain (100A) icebreaker. The survey grid above, telephoning the contact listed activities not pertinent here, the MMPA consists of ∼7,175 km (4,458 mi) of below (see FOR FURTHER INFORMATION defines ‘‘harassment’’ as: Any act of transect line, not including transits

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when the airguns are not operating. (Miller et al., 2002). The survey would The Geo Arctic would use one There may be small amounts of then progress to shallower waters in the navigational echo sounder during the additional seismic operations associated eastern survey area before moving to the project. The downward facing single- with airgun testing, start up, and repeat western survey area in late October or beam Simrad EA600 operates at coverage of any areas where initial data early November 2012. frequencies ranging from 38 to 200 kHz quality is sub-standard. The seismic Ice conditions are expected to range with an output power of 100–2000 source towed by the Geo Arctic would from open water to 10/10 ice cover. Watts. Pulse durations are between be an airgun array consisting of 26 However, the survey cannot take place 0.064 and 4.096 milliseconds, and the active Sercel G-gun airguns with a total in thick multi-year ice as both the pulse repetition frequency (PRF or ping volume of 4,450 in3. A single icebreaker and seismic vessel must rate) depends on the depth range. The hydrophone streamer 4.5–9 km (2.8–5.6 make continuous forward progress at 3– highest PRF at shallow depths is about mi) in length, depending on ice 4 kts. In order for the survey to proceed, 40 pings per second. It can be used for conditions, would be towed by the Geo areas of high ice concentration can only water depths up to 4,000 m (13,123 ft) Arctic to record the returning seismic consist of mostly newly forming and provides up to 1 cm (0.4 in) signals. juvenile first year ice or young first year resolution. The survey vessels would access the ice less than 0.5 m (1.6 ft) thick. Sounds The Polar Prince would use one echo survey area from Canadian waters in generated by the icebreaker and seismic sounder, an ELAC LAZ–72. The LAZ–72 late September to begin data collection vessel moving through these relatively has an operating frequency of 30 kHz. on or after October 1, 2012. After light ice conditions are expected to be The ping rate depends on the water completion of the survey, or when ice far below the high sound levels often depth and the fastest rate, which occurs and weather conditions dictate, the attributed to icebreaking. These high in shallow depths, is about 5 pings per vessels would exit to the south, sound levels (>200 dB re 1 mPa [rms]) second. transiting through the Chukchi and have been recorded from icebreakers Dates, Duration, and Region of Activity Bering Seas. The Polar Prince may be during backing and ramming operations used to perform an at-sea refueling The proposed geophysical survey in very heavy ice conditions and are ∼ (bunkering) operation to supply as created by cavitation of the propellers as would be conducted for 76 days from approximately October 1 to December much as 500 metric tons of Arctic diesel the vessel is slowed by the ice or 15, 2012. Both the Geo Arctic and the to the Geo Arctic. The Polar Prince reverses direction (Erbe and Farmer, Polar Prince would leave from would carry that fuel onboard at the 1998; Roth and Schmidt, 2010). start of the operation, and it would be Tuktoyaktuk, Canada, during late transferred to the Geo Arctic if/when Acoustic Sources September and enter the Alaskan Beaufort Sea from Canadian waters. The necessary. Depending on its own fuel (1) Seismic Airgun Array consumption, the Polar Prince may then survey area would be bounded transit to Tuktoyuktuk, Canada to take The seismic source used during the approximately by 138° to 169° W. on additional fuel for itself. Once the project would be an airgun array longitude and 70° to 73° N. latitude in Polar Prince returns to the Geo Arctic consisting of 28 Sercel G-gun airguns, of water depths ranging from <20 to >3,500 the survey would continue. The entire which 26 would be active and have a m (66 to 11,483 ft) (see Figure 1 of ION’s refueling operation would therefore total discharge volume of 4,450 in3. The IHA application). For mitigation and involve one fuel transfer and potentially 28 airguns would be distributed in two operational reasons the survey area has one transit to and from Tuktoyuktuk. sub-arrays with 14 airguns per sub- been bisected by a line that runs from The refueling operation would likely array. Individual airgun sizes range from 70.5° N, 150.5° W to 73° N, 148° W. take place in late October, at which time 70 to 380 in3. Airguns would be Weather and ice permitting, ION plans the Geo Arctic would likely be in the operated at 2,000 psi. The seismic array to begin survey operations east of the eastern or east-central Alaskan Beaufort and a single hydrophone streamer 4.5– line (eastern survey area) in offshore Sea. 9 km (2.8–5.6 mi) in length would be waters (>1,000 m [3,281 ft]) where ION’s geophysical survey has been towed behind the Geo Arctic. bowheads are expected to be least designed and scheduled to minimize Additional specifications of the airgun abundant in early October. The survey potential effects to marine mammals, array are provided in Appendix B of would then progress to shallower waters bowhead whales in particular, and ION’s IHA application. in the eastern survey area before moving subsistence users. For mitigation and (2) Echo Sounders to the west survey area in late October operational reasons, the survey area has or early November. The vessels would been bisected by a line that runs from Both vessels would operate industry depart the region to the south via the 70.5° N. 150.5° W. to 73° N. 148° W. (see standard echo sounder/fathometer Chukchi and Bering Seas and arrive in Figure 1 of ION’s IHA application). instruments for continuous Dutch Harbor in mid- to late December. Weather and ice permitting, ION plans measurements of water depth while to begin survey operations east of the underway. These instruments are used Description of Marine Mammals in the line described above (eastern survey by all large vessels to provide routine Area of the Specified Activity area) and in offshore waters (>1,000 m water depth information to the vessel The marine mammal species under [3,281 ft]) where bowheads are expected crew. Navigation echo sounders send a NMFS jurisdiction most likely to occur to be least abundant in early October. single, narrowly focused, high in the seismic survey area include two This operational plan is based on the frequency acoustic signal directly cetacean species, beluga fact that only ∼2% of bowhead whales downward to the sea floor. The sound (Delphinapterus leucas) and bowhead observed by Bureau of Ocean Energy energy reflected off the sea floor returns whales (Balaena mysticetus), and two Management’s (BOEM) aerial surveys to the vessel where it is detected by the pinniped species, ringed (Phoca from 1979–2007 occurred in areas of instrument, and the depth is calculated hispida) and bearded (Erignathus water depth >1,000 m (3,281 ft) (MMS, and displayed to the user. Source levels barbatus) seals. It is possible that some 2010), and on average ∼97% of of navigational echo sounders of this bowhead whales may be encountered as bowheads have passed through the type are typically in the 180–200 dB re they migrate out of the area, particularly eastern U.S. Beaufort Sea by October 15 1 mPA-m (Richardson et al., 1995a). in the portion of the survey area where

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water depths are <200 m (656 ft). Beluga The bowhead, humpback, and fin categorized as follows (based on whales are most likely to be whales are listed as ‘‘endangered’’ under Richardson et al., 1995): encountered farther offshore than the Endangered Species Act (ESA) and (1) Behavioral Disturbance bowheads. as depleted under the MMPA. Certain The ringed seal is the most abundant stocks or populations of gray and beluga Marine mammals may behaviorally marine mammal in the proposed survey whales and spotted seals are listed as react when exposed to anthropogenic area. Although bearded seals typically endangered or proposed for listing sound. These behavioral reactions are migrate south in the fall, it is possible under the ESA; however, none of those often shown as: changing durations of that small numbers of them may be stocks or populations occur in the surfacing and dives; changing number of present in the survey area. Most other proposed activity area. Additionally, the blows per surfacing; moving direction marine mammal species have typically ribbon seal is considered a ‘‘species of and/or speed; reduced/increased vocal migrated south into the Chukchi and concern’’, meaning that NMFS has some activities; changing/cessation of certain Bering Seas by the time this survey will concerns regarding status and threats of behavioral activities (such as socializing take place. The polar bear is managed by this species, but for which insufficient or feeding); visible startle response or the U.S. Fish and Wildlife Service information is available to indicate a aggressive behavior (such as tail/fluke (USFWS) and is not considered further need to list the species under the ESA. slapping or jaw clapping); avoidance of in this proposed IHA notice. On December 10, 2010, NMFS areas where noise sources are located; and/or flight responses (e.g., pinnipeds Seven additional cetacean species published a notice of proposed flushing into water from haulouts or have known occurrences within the threatened status for subspecies of the ringed seal (75 FR 77476) and a notice rookeries). proposed project area and some may The biological significance of many occur in the area during the time of the of proposed threatened and not warranted status for subspecies and behavioral disturbances is difficult to proposed in-ice seismic survey: harbor predict, especially if the detected porpoise (Phocoena phocoena); gray distinct population segments of the bearded seal (75 FR 77496) in the disturbances appear minor. While many whale (Eschrichtius robustus); behavioral responses would not be humpback whale (Megaptera Federal Register. Neither of these two ice seal species is considered depleted expected to likely affect the fitness of an novaeangliae); fin whale (Balaenoptera individual, other more severe behavioral physalus); minke whale (B. under the MMPA. Based on the occurrence of marine modifications, especially in certain acutorostrata); killer whale (Orcinus mammal species in the proposed project circumstances, could potentially have orca); and narwhal (Monodon area and the time of year in which the adverse affects on growth, survival, and/ monoceros). The gray whale occurs survey is proposed to be conducted, or reproduction. Some more potentially regularly in continental shelf waters NMFS is proposing to authorize take by significant behavioral modifications along the Chukchi Sea coast in summer harassment for the following species: include: drastic change in diving/ and to a lesser extent along the Beaufort Beluga, bowhead, gray, and minke surfacing patterns (such as those Sea coast. Recent evidence from whales; harbor porpoise; and ringed, thought to be potentially associated monitoring activities in the Chukchi and bearded, spotted, and ribbon seals. with beaked whale stranding due to Beaufort Seas during industry seismic ION’s application contains exposure to military mid-frequency surveys suggests that the harbor information on the status, distribution, tactical sonar) or longer-term habitat porpoise and minke whale, which have seasonal distribution, and abundance of abandonment. been considered uncommon or rare in each of the species under NMFS For example, at the Guerreo Negro the Chukchi and Beaufort Seas, may be jurisdiction mentioned in this Lagoon in Baja California, Mexico, increasing in numbers in these areas document. Please refer to the which is one of the important breeding (Funk et al., 2010). Additional pinniped application for that information (see grounds for Pacific gray whales, species under NMFS jurisdiction that ADDRESSES). Additional information can shipping and dredging associated with a could be encountered during the also be found in the NMFS Stock salt works may have induced gray proposed geophysical in-ice survey Assessment Reports (SAR). The Alaska whales to abandon the area through include spotted (P. largha) and ribbon 2011 SAR is available at: http:// most of the 1960s (Bryant et al., 1984). seals (Histriophoca fasciata). Spotted www.nmfs.noaa.gov/pr/pdfs/sars/ After these activities stopped, the seals are more abundant in the Chukchi ak2011.pdf. lagoon was reoccupied, first by single Sea and occur in small numbers in the whales and later by cow-calf pairs. Beaufort Sea. The ribbon seal is Potential Effects of the Specified The onset of behavioral disturbance uncommon in the Chukchi Sea, and Activity on Marine Mammals from anthropogenic sound, which is there are few reported sightings in the Operating active acoustic sources difficult to predict, depends on both Beaufort Sea. such as an airgun array, echo sounders, external factors (e.g., characteristics of Small numbers of killer whales have and icebreaking activities could sound sources and their paths) and the also been recorded during recent potentially affect marine mammals. receiving animals (hearing, motivation, industry surveys, along with a few experience, demography) (Southall et al. Potential Effects of Airgun Sounds on sightings of fin and humpback whales. 2007). The narwhal occurs in Canadian waters Marine Mammals Currently NMFS uses 160 dB re 1 mPa and occasionally in the Beaufort Sea but The effects of sounds from airgun (rms) received level for impulse noises is rare there and not expected to be pulses might include one or more of the (such as airgun pulses) as the threshold encountered. Each of these species following: tolerance, masking of natural for the onset of Level B (behavioral) (killer, fin, and humpback whales and sounds, behavioral disturbance, and, at harassment. narwhal) is uncommon or rare in the least in theory, temporary or permanent In addition, behavioral disturbance is Beaufort Sea, particularly during early hearing impairment or non-auditory also expressed as the change in vocal winter, and relatively few if any effects (Richardson et al., 1995). As activities of animals. For example, there encounters with these species are outlined in previous NMFS documents, is one recent summary report indicating expected during the time period of the the effects of noise on marine mammals that calling fin whales distributed in proposed seismic program. are highly variable, and can be one part of the North Atlantic went

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silent for an extended period starting aerial surveys or aircraft-based (Appendix A in Malme et al., 1984; soon after the onset of a seismic survey observations of behavior (e.g., Richardson et al., 1995), and there has in the area (Clark and Gagnon, 2006). It Richardson et al., 1986, 1999; Miller et been a substantial increase in the is not clear from that preliminary paper al., 1999, 2005; Yazvenko et al., 2007a, population over recent decades (Allen whether the whales ceased calling 2007b) or by use of observers on one or and Angliss, 2010). The western Pacific because of masking, or whether this was more support vessels operating in gray whale population did not seem a behavioral response not directly coordination with the seismic vessel affected by a seismic survey in its involving masking (i.e., important (e.g., Smultea et al., 2004; Johnson et al., feeding ground during a prior year biological signals for marine mammals 2007). However, the presence of other (Johnson et al., 2007). Similarly, being ‘‘masked’’ by anthropogenic vessels near the source vessel can, at bowhead whales have continued to sound; see below). Also, bowhead least at times, reduce sightability of travel to the eastern Beaufort Sea each whales in the Beaufort Sea may decrease cetaceans from the source vessel summer despite seismic exploration in their call rates in response to seismic (Beland et al., 2009), thus complicating their summer and autumn range for operations, although movement out of interpretation of sighting data. many years (Richardson et al., 1987), the area might also have contributed to Some baleen whales show and their numbers have increased the lower call detection rate (Blackwell considerable tolerance of seismic notably during that same time period et al., 2009a; 2009b). Some of the pulses. However, when the pulses are (Allen and Angliss, 2010). Bowheads changes in marine mammal vocal strong enough, avoidance or other also have been observed over periods of communication are thought to be used behavioral changes become evident. days or weeks in areas ensonified to compensate for acoustic masking Because the responses become less repeatedly by seismic pulses resulting from increased anthropogenic obvious with diminishing received (Richardson et al., 1987; Harris et al., noise (see below). For example, blue sound level, it has been difficult to 2007). However, it is generally not whales are found to increase call rates determine the maximum distance (or known whether the same individual when exposed to seismic survey noise minimum received sound level) at bowheads were involved in these in the St. Lawrence Estuary (Di Iorio which reactions to seismic activity repeated observations (within and and Clark, 2009). Researchers have become evident and, hence, how many between years) in strongly ensonified noted North Atlantic right whales whales are affected. areas. (Eubalaena glacialis) exposed to high Studies of gray, bowhead, and Odontocete: Little systematic shipping noise increase call frequency humpback whales have determined that information is available about reactions (Parks et al., 2007) and intensity (Parks received levels of pulses in the 160–170 of toothed whales to airgun pulses. Few m et al., 2010), while some humpback dB re 1 Pa (rms) range seem to cause studies similar to the more extensive obvious avoidance behavior in a whales respond to low-frequency active baleen whale/seismic pulse work substantial fraction of the animals sonar playbacks by increasing song summarized above have been reported exposed (McCauley et al., 1998, 1999, length (Miller el al., 2000). These for toothed whales. However, there are 2000). In many areas, seismic pulses behavioral responses could also have recent systematic data on sperm whales diminish to these levels at distances adverse effects on marine mammals. (e.g., Gordon et al., 2006; Madsen et al., ranging from 4–15 km (2.5–9.3 mi) from 2006; Winsor and Mate, 2006; Jochens et Mysticete: Baleen whales generally the source. A substantial proportion of al., 2008; Miller et al., 2009). There is tend to avoid operating airguns, but the baleen whales within such distances also an increasing amount of avoidance radii are quite variable. may show avoidance or other strong information about responses of various Whales are often reported to show no disturbance reactions to the operating odontocetes to seismic surveys based on overt reactions to airgun pulses at airgun array. Some extreme examples monitoring studies (e.g., Stone, 2003; distances beyond a few kilometers, even include migrating bowhead whales Smultea et al., 2004; Moulton and though the airgun pulses remain well avoiding considerably larger distances Miller, 2005; Holst et al., 2006; Stone above ambient noise levels out to much (20–30 km [12.4–18.6 mi]) at lower and Tasker, 2006; Potter et al., 2007; longer distances (reviewed in received sound levels (120–130 dB re 1 Hauser et al., 2008; Holst and Smultea, Richardson et al., 1995; Gordon et al., mPa (rms)) when exposed to airguns 2008; Weir, 2008; Barkaszi et al., 2009; 2004). However, studies done since the from seismic surveys. Also, even in Richardson et al., 2009). late 1990s of migrating humpback and cases where there is no conspicuous Dolphins and porpoises are often seen migrating bowhead whales show avoidance or change in activity upon by observers on active seismic vessels, reactions, including avoidance, that exposure to sound pulses from distant occasionally at close distances (e.g., bow sometimes extend to greater distances seismic operations, there are sometimes riding). Marine mammal monitoring than documented earlier. Therefore, it subtle changes in behavior (e.g., data during seismic surveys often show appears that behavioral disturbance can surfacing–respiration–dive cycles) that that animal detection rates drop during vary greatly depending on context and are only evident through detailed the firing of seismic airguns, indicating not just received levels alone. statistical analysis (e.g., Richardson et that animals may be avoiding the Avoidance distances often exceed the al., 1986; Gailey et al., 2007). vicinity of the seismic area (Smultea et distances at which boat-based observers Data on short-term reactions by al., 2004; Holst et al., 2006; Hauser et can see whales, so observations from the cetaceans to impulsive noises are not al., 2008; Holst and Smultea, 2008; source vessel can be biased. necessarily indicative of long-term or Richardson et al., 2009). Also, belugas Observations over broader areas may be biologically significant effects. It is not summering in the Canadian Beaufort needed to determine the range of known whether impulsive sounds affect Sea showed larger-scale avoidance, potential effects of some large-source reproductive rates or distribution and tending to avoid waters out to 10–20 km seismic surveys where effects on habitat use in subsequent days or years. (6.2–12.4 mi) from operating seismic cetaceans may extend to considerable However, gray whales have continued to vessels. In contrast, recent studies show distances (Richardson et al., 1999; migrate annually along the west coast of little evidence of conspicuous reactions Moore and Angliss, 2006). Longer-range North America despite intermittent by sperm whales to airgun pulses, observations, when required, can seismic exploration (and much ship contrary to earlier indications (e.g., sometimes be obtained via systematic traffic) in that area for decades Gordon et al., 2006; Stone and Tasker,

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2006; Winsor and Mate, 2006; Jochens et Early observations provided the airgun noise generated from the al., 2008), except the lower buzz considerable evidence that pinnipeds proposed in-ice marine seismic survey, (echolocation signals) rates that were are often quite tolerant of strong pulsed these are low frequency (under 1 kHz) detected during exposure of airgun sounds. During seismic exploration off pulses with extremely short durations pulses (Miller et al., 2009). Nova Scotia, gray seals exposed to noise (in the scale of milliseconds). Lower There are almost no specific data on from airguns and linear explosive frequency man-made noises are more responses of beaked whales to seismic charges reportedly did not react strongly likely to affect detection of surveys, but it is likely that most if not (J. Parsons in Greene et al., 1985). An communication calls and other all species show strong avoidance. airgun caused an initial startle reaction potentially important natural sounds There is increasing evidence that some among South African fur seals but was such as surf and prey noise. There is beaked whales may strand after ineffective in scaring them away from little concern regarding masking due to exposure to strong noise from tactical fishing gear. Pinnipeds in both water the brief duration of these pulses and military mid-frequency sonars. Whether and air sometimes tolerate strong noise relatively longer silence between airgun they ever do so in response to seismic pulses from non-explosive and shots (9–12 seconds) near the sound survey noise is unknown. Northern explosive scaring devices, especially if source. However, at long distances (over bottlenose whales seem to continue to attracted to the area for feeding or tens of kilometers away) in deep water, call when exposed to pulses from reproduction (Mate and Harvey, 1987; due to multipath propagation and distant seismic vessels. Reeves et al., 1996). Thus, pinnipeds are reverberation, the durations of airgun For delphinids, and possibly the expected to be tolerant of, or to pulses can be ‘‘stretched’’ to seconds Dall’s porpoise, available data suggest habituate to, repeated underwater with long decays (Madsen et al., 2006; that individuals may not react until sounds from distant seismic sources, at Clark and Gagnon, 2006). Therefore it sounds are ≥170 dB re 1 mPa (rms). With least when the animals are strongly could affect communication signals a medium-to-large airgun array, received attracted to the area. used by low frequency mysticetes (e.g., levels typically diminish to 170 dB In summary, visual monitoring from bowhead and gray whales) when they within 1–4 km (0.62–2.5 mi), whereas seismic vessels has shown only slight (if occur near the noise band and thus levels typically remain above 160 dB any) avoidance of airguns by pinnipeds, reduce the communication space of out to 4–15 km (e.g., Tolstoy et al., and only slight (if any) changes in animals (e.g., Clark et al., 2009a, 2009b) 2009). Reaction distances for delphinids behavior. These studies show that many and affect their vocal behavior (e.g., pinnipeds do not avoid the area within are more consistent at the typical 170 Foote et al., 2004; Holt et al., 2009). a few hundred meters of an operating dB re 1 mPa (rms) distances. Stone Further, in areas of shallow water, airgun array. However, based on the (2003) and Stone and Tasker (2006) multipath propagation of airgun pulses studies with large sample size, or reported that all small odontocetes could be more profound, thus affecting observations from a separate monitoring (including killer whales) observed communication signals from marine vessel, or radio telemetry, it is apparent during seismic surveys in UK waters mammals even at close distances. that some phocid seals do show remained significantly further from the Average ambient noise in areas where localized avoidance of operating received seismic noises are heard can be source during periods of shooting on airguns. The limited nature of this elevated. At long distances, however, surveys with large volume airgun arrays tendency for avoidance is a concern. It the intensity of the noise is greatly than during periods without airgun suggests that pinnipeds may not move reduced. Nevertheless, partial shooting. away, or move very far away, before informational and energetic masking of Due to their relatively higher received levels of sound from an different degrees could affect signal frequency hearing ranges when approaching seismic survey vessel receiving in some marine mammals compared to mysticetes, odontocetes approach those that may cause hearing within the ensonified areas. Additional may have stronger responses to mid- impairment. research is needed to further address and high-frequency sources such as sub- (2) Masking these effects. bottom profilers, side scan sonar, and Although masking effects of pulsed echo sounders than mysticetes Masking is the obscuring of sounds of sounds on marine mammal calls and (Richardson et al., 1995; Southall et al., interest by other sounds, often at similar other natural sounds are expected to be 2007). frequencies. Chronic exposure to limited, there are few specific studies on Pinnipeds: Few studies of the excessive, though not high-intensity, this. Some whales continue calling in reactions of pinnipeds to noise from noise could cause masking at particular the presence of seismic pulses, and open-water seismic exploration have frequencies for marine mammals that whale calls often can be heard between been published (for review of the early utilize sound for vital biological the seismic pulses (e.g., Richardson et literature, see Richardson et al., 1995). functions. Masking can interfere with al., 1986; McDonald et al., 1995; Greene However, pinnipeds have been observed detection of acoustic signals such as et al., 1999a, 1999b; Nieukirk et al., during a number of seismic monitoring communication calls, echolocation 2004; Smultea et al., 2004; Holst et al., studies. Monitoring in the Beaufort Sea sounds, and environmental sounds 2005a, 2005b, 2006; Dunn and during 1996–2002 provided a important to marine mammals. Since Hernandez, 2009). substantial amount of information on marine mammals depend on acoustic Among the odontocetes, there has avoidance responses (or lack thereof) cues for vital biological functions, such been one report that sperm whales and associated behavior. Additional as orientation, communication, finding ceased calling when exposed to pulses monitoring of that type has been done prey, and avoiding predators, marine from a very distant seismic ship (Bowles in the Beaufort and Chukchi Seas in mammals that experience severe et al., 1994). However, more recent 2006–2009. Pinnipeds exposed to (intensity and duration) acoustic studies of sperm whales found that they seismic surveys have also been observed masking could potentially suffer some continued calling in the presence of during seismic surveys along the U.S. adverse effects. seismic pulses (Madsen et al., 2002; west coast. Also, there are data on the Masking occurs when noise and Tyack et al., 2003; Smultea et al., 2004; reactions of pinnipeds to various other signals (that animal utilizes) overlap at Holst et al., 2006; Jochens et al., 2008). related types of impulsive sounds. both spectral and temporal scales. For Madsen et al. (2006) noted that airgun

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sounds would not be expected to mask transient sounds, the sound level 8 s (i.e., TTS onset occurs at a near- sperm whale calls given the intermittent necessary to cause TTS is inversely constant SEL, independent of exposure nature of airgun pulses. Dolphins and related to the duration of the sound. duration). That implies that, at least for porpoises are also commonly heard non-impulsive tones, a doubling of TTS calling while airguns are operating exposure time results in a 3 dB lower (Gordon et al., 2004; Smultea et al., TTS is the mildest form of hearing TTS threshold. 2004; Holst et al., 2005a, 2005b; Potter impairment that can occur during However, the assumption that, in et al., 2007). Masking effects of seismic exposure to a strong sound (Kryter, marine mammals, the occurrence and pulses are expected to be 1985). While experiencing TTS, the magnitude of TTS is a function of inconsequential in the case of the hearing threshold rises, and a sound cumulative acoustic energy (SEL) is smaller odontocetes, given the must be stronger in order to be heard. probably an oversimplification. Kastak intermittent nature of seismic pulses It is a temporary phenomenon, and et al. (2005) reported preliminary plus the fact that sounds important to (especially when mild) is not evidence from pinnipeds that, for them are predominantly at much higher considered to represent physical prolonged non-impulse noise, higher frequencies than are the dominant damage or ‘‘injury’’ (Southall et al., SELs were required to elicit a given TTS components of airgun sounds. 2007). Rather, the onset of TTS is an if exposure duration was short than if it Pinnipeds have best hearing indicator that, if the animal is exposed was longer, i.e., the results were not sensitivity and/or produce most of their to higher levels of that sound, physical fully consistent with an equal-energy sounds at frequencies higher than the damage is ultimately a possibility. model to predict TTS onset. Mooney et dominant components of airgun sound, The magnitude of TTS depends on the al. (2009a) showed this in a bottlenose but there is some overlap in the level and duration of noise exposure, dolphin exposed to octave-band non- frequencies of the airgun pulses and the and to some degree on frequency, impulse noise ranging from 4 to 8 kHz calls. However, the intermittent nature among other considerations (Kryter, at SPLs of 130 to 178 dB re 1 mPa for of airgun pulses presumably reduces the 1985; Richardson et al., 1995; Southall periods of 1.88 to 30 minutes (min). potential for masking. et al., 2007). For sound exposures at or Higher SELs were required to induce a Marine mammals are thought to be somewhat above the TTS threshold, given TTS if exposure duration was able to compensate for masking by hearing sensitivity recovers rapidly after short than if it was longer. Exposure of adjusting their acoustic behavior, such exposure to the noise ends. In terrestrial the aforementioned bottlenose dolphin as shifting call frequencies and mammals, TTS can last from minutes or to a sequence of brief sonar signals increasing call volume and vocalization hours to (in cases of strong TTS) days. showed that, with those brief (but non- rates, as discussed earlier (e.g., Miller et Only a few data have been obtained on impulse) sounds, the received energy al., 2000; Parks et al., 2007; Di Iorio and sound levels and durations necessary to (SEL) necessary to elicit TTS was higher Clark, 2009; Parks et al., 2010); the elicit mild TTS in marine mammals than was the case with exposure to the biological significance of these (none in mysticetes), and none of the more prolonged octave-band noise modifications is still unknown and published data concern TTS elicited by (Mooney et al., 2009b). Those authors would certainly depend on the duration exposure to multiple pulses of sound concluded that, when using (non- of the masking event, the behavioral during operational seismic surveys impulse) acoustic signals of duration state of the animal, and the overall (Southall et al., 2007). ∼0.5 s, SEL must be at least 210–214 dB context of the exposure. For toothed whales, experiments on a re 1 mPa2-s to induce TTS in the bottlenose dolphin (Tursiops truncatus) (3) Hearing Impairment bottlenose dolphin. The most recent and beluga whale showed that exposure studies conducted by Finneran et al. Marine mammals exposed to high to a single watergun impulse at a (2010a, 2010b) also support the notion intensity sound repeatedly or for received level of 207 kPa (or 30 psi) that exposure duration has a more prolonged periods can experience peak-to-peak (p-p), which is equivalent significant influence compared to sound hearing threshold shift (TS), which is to 228 dB re 1 mPa (p-p), resulted in a pressure level (SPL) as the duration the loss of hearing sensitivity at certain 7 and 6 dB TTS in the beluga whale at increases, and that TTS growth data are frequency ranges (Kastak et al., 1999; 0.4 and 30 kHz, respectively. better represented as functions of SPL Schlundt et al., 2000; Finneran et al., Thresholds returned to within 2 dB of and duration rather than SEL alone 2002; 2005). TS can be permanent the pre-exposure level within 4 minutes (Finneran et al., 2010a, 2010b). In (PTS), in which case the loss of hearing of the exposure (Finneran et al., 2002). addition, Finneran et al. (2010b) sensitivity is unrecoverable, or No TTS was observed in the bottlenose conclude that when animals are temporary (TTS), in which case the dolphin. exposed to intermittent noises, there is animal’s hearing threshold will recover Finneran et al. (2005) further recovery of hearing during the quiet over time (Southall et al., 2007). Marine examined the effects of tone duration on intervals between exposures through the mammals that experience TTS or PTS TTS in bottlenose dolphins. Bottlenose accumulation of TTS across multiple will have reduced sensitivity at the dolphins were exposed to 3 kHz tones exposures. Such findings suggest that frequency band of the TS, which may (non-impulsive) for periods of 1, 2, 4 or when exposed to multiple seismic affect their capability of 8 seconds (s), with hearing tested at 4.5 pulses, partial hearing recovery also communication, orientation, or prey kHz. For 1-s exposures, TTS occurred occurs during the seismic pulse detection. The degree of TS depends on with sound exposure levels (SELs) of intervals. the intensity of the received levels the 197 dB, and for exposures >1 s, SEL For baleen whales, there are no data, animal is exposed to, and the frequency >195 dB resulted in TTS (SEL is direct or indirect, on levels or properties at which TS occurs depends on the equivalent to energy flux, in dB re 1 of sound that are required to induce frequency of the received sound. It has mPa2-s). At an SEL of 195 dB, the mean TTS. The frequencies to which baleen been shown that in most cases, TS TTS (4 min after exposure) was 2.8 dB. whales are most sensitive are lower than occurs at the frequencies approximately Finneran et al. (2005) suggested that an those to which odontocetes are most one-octave above that of the received SEL of 195 dB is the likely threshold for sensitive, and natural ambient noise sound. Repeated sound exposure that the onset of TTS in dolphins and levels at those low frequencies tend to leads to TTS could cause PTS. For belugas exposed to tones of durations 1– be higher (Urick, 1983). As a result,

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auditory thresholds of baleen whales consistent as those of cetaceans. operational protocol for many seismic within their frequency band of best Pinnipeds occasionally seem to be operators, may allow cetaceans near the hearing are believed to be higher (less attracted to operating seismic vessels. airguns at the time of startup (if the sensitive) than are those of odontocetes There are no specific data on TTS sounds are aversive) to move away from at their best frequencies (Clark and thresholds of pinnipeds exposed to the seismic source and to avoid being Ellison, 2004). From this, it is suspected single or multiple low-frequency pulses. exposed to the full acoustic output of that received levels causing TTS onset However, given the indirect indications the airgun array. Thus, most baleen may also be higher in baleen whales. of a lower TTS threshold for the harbor whales likely will not be exposed to However, no cases of TTS are expected seal than for odontocetes exposed to high levels of airgun sounds provided given the size of the airguns proposed impulse sound (see above), it is possible the ramp-up procedure is applied. to be used and the strong likelihood that that some pinnipeds close to a large Likewise, many odontocetes close to the baleen whales (especially migrating airgun array could incur TTS. trackline are likely to move away before bowheads) would avoid the NMFS typically includes mitigation the sounds from an approaching seismic approaching airguns (or vessel) before requirements to ensure that cetaceans vessel become sufficiently strong for being exposed to levels high enough for and pinnipeds are not exposed to there to be any potential for TTS or there to be any possibility of TTS. pulsed underwater noise at received other hearing impairment. Hence, there In pinnipeds, TTS thresholds levels exceeding, respectively, 180 and is little potential for baleen whales or associated with exposure to brief pulses 190 dB re 1 mPa (rms). The 180/190 dB odontocetes that show avoidance of (single or multiple) of underwater sound acoustic criteria were taken from ships or airguns to be close enough to have not been measured. Initial recommendations by an expert panel of an airgun array to experience TTS. evidence from prolonged exposures the High Energy Seismic Survey (HESS) Nevertheless, even if marine mammals suggested that some pinnipeds may Team that performed an assessment on were to experience TTS, the magnitude incur TTS at somewhat lower received noise impacts by seismic airguns to of the TTS is expected to be mild and levels than do small odontocetes marine mammals in 1997, although the brief, only in a few decibels for minutes. exposed for similar durations (Kastak et HESS Team recommended a 180-dB al., 1999; 2005). However, more recent limit for pinnipeds in California (HESS, PTS indications are that TTS onset in the 1999). The 180 and 190 dB re 1 mPa When PTS occurs, there is physical most sensitive pinniped species studied (rms) levels have not been considered to damage to the sound receptors in the (harbor seal, which is closely related to be the levels above which TTS might ear. In some cases, there can be total or the ringed seal) may occur at a similar occur. Rather, they were the received partial deafness, whereas in other cases, SEL as in odontocetes (Kastak et al., levels above which, in the view of a the animal has an impaired ability to 2004). panel of bioacoustics specialists hear sounds in specific frequency ranges Most cetaceans show some degree of convened by NMFS before TTS (Kryter, 1985). Physical damage to a avoidance of seismic vessels operating measurements for marine mammals mammal’s hearing apparatus can occur an airgun array (see above). It is unlikely started to become available, one could if it is exposed to sound impulses that that these cetaceans would be exposed not be certain that there would be no have very high peak pressures, to airgun pulses at a sufficiently high injurious effects, auditory or otherwise, especially if they have very short rise enough level for a sufficiently long to marine mammals. As summarized times. (Rise time is the interval required enough period to cause more than mild above, data that are now available imply for sound pressure to increase from the TTS, given the relative movement of the that TTS is unlikely to occur in various baseline pressure to peak pressure.) vessel and the marine mammal. TTS odontocetes (and probably mysticetes as There is no specific evidence that would be more likely in any well) unless they are exposed to a exposure to pulses of airgun sound can odontocetes that bow- or wake-ride or sequence of several airgun pulses cause PTS in any marine mammal, even otherwise linger near the airguns. stronger than 180 dB re 1 mPa (rms). On with large arrays of airguns. However, However, while bow- or wake-riding, the other hand, for the harbor seal, given the likelihood that some mammals odontocetes would be at the surface and harbor porpoise, and perhaps some close to an airgun array might incur at thus not exposed to strong sound pulses other species, TTS may occur upon least mild TTS (see above), there has given the pressure release and Lloyd exposure to one or more airgun pulses been further speculation about the Mirror effects at the surface. But if bow- whose received level equals the NMFS possibility that some individuals or wake-riding animals were to dive ‘‘do not exceed’’ value of 180 dB re 1 occurring very close to airguns might intermittently near airguns, they could mPa (rms). That criterion corresponds to incur PTS (e.g., Richardson et al., 1995; be exposed to strong sound pulses, a single-pulse SEL of 175–180 dB re 1 Gedamke et al., 2008). Single or possibly repeatedly. mPa2-s in typical conditions, whereas occasional occurrences of mild TTS are If some cetaceans did incur mild or TTS is suspected to be possible in not indicative of permanent auditory moderate TTS (a Level B harassment) harbor seals and harbor porpoises with damage, but repeated or (in some cases) through exposure to airgun sounds in a cumulative SEL of ∼171 and ∼164 dB single exposures to a level well above this manner, this would very likely be re 1 mPa2-s, respectively. that causing TTS onset might elicit PTS. a temporary and reversible It has been shown that most large Relationships between TTS and PTS phenomenon. However, even a whales and many smaller odontocetes thresholds have not been studied in temporary reduction in hearing (especially the harbor porpoise) show at marine mammals but are assumed to be sensitivity could be deleterious in the least localized avoidance of ships and/ similar to those in humans and other event that, during that period of reduced or seismic operations. Even when terrestrial mammals (Southall et al., sensitivity, a marine mammal needed its avoidance is limited to the area within 2007). Based on data from terrestrial full hearing sensitivity to detect a few hundred meters of an airgun array, mammals, a precautionary assumption approaching predators, or for some that should usually be sufficient to is that the PTS threshold for impulse other reason. avoid TTS based on what is currently sounds (such as airgun pulses as Some pinnipeds show avoidance known about thresholds for TTS onset received close to the source) is at least reactions to airguns, but their avoidance in cetaceans. In addition, ramping up 6 dB higher than the TTS threshold on reactions are generally not as strong or airgun arrays, which is standard a peak-pressure basis and probably >6

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dB higher (Southall et al., 2007). The available data on TTS-thresholds in levels received by bow-riding animals low-to-moderate levels of TTS that have pinnipeds pertained to non-impulse (e.g., Gabriele and Kipple, 2009). The been induced in captive odontocetes sound (see above). Southall et al. (2007) TTS (and thus PTS) thresholds of baleen and pinnipeds during controlled studies estimated that the PTS threshold could whales are unknown but, as an interim of TTS have been confirmed to be be a cumulative SEL of ∼186 dB re 1 measure, assumed to be no lower than temporary, with no measurable residual mPa2-s in the case of a harbor seal those of odontocetes. Also, baleen PTS (Kastak et al., 1999; Schlundt et al., exposed to impulse sound. The PTS whales generally avoid the immediate 2000; Finneran et al., 2002; 2005; threshold for the California sea lion and area around operating seismic vessels, Nachtigall et al., 2003; 2004). However, northern elephant seal would probably so it is unlikely that a baleen whale very prolonged exposure to sound be higher given the higher TTS could incur PTS from exposure to strong enough to elicit TTS, or shorter- thresholds in those species. Southall et airgun pulses. The TTS (and thus PTS) term exposure to sound levels well al. (2007) also note that, regardless of thresholds of some pinnipeds (e.g., above the TTS threshold, can cause the SEL, there is concern about the harbor seal) as well as the harbor PTS, at least in terrestrial mammals possibility of PTS if a cetacean or porpoise may be lower (Kastak et al., (Kryter 1985). In terrestrial mammals, pinniped received one or more pulses 2005; Southall et al., 2007; Lucke et al., the received sound level from a single with peak pressure exceeding 230 or 2009). If so, TTS and potentially PTS non-impulsive sound exposure must be 218 dB re 1 mPa, respectively. Thus, PTS may extend to a somewhat greater far above the TTS threshold for any risk might be expected upon exposure of distance for those animals. Again, of permanent hearing damage (Kryter, cetaceans to either SEL ≥198 dB re 1 Lloyd’s mirror and surface release 1994; Richardson et al., 1995; Southall mPa2-s or peak pressure ≥230 dB re 1 effects will ameliorate the effects for et al., 2007). However, there is special mPa. Corresponding proposed dual animals at or near the surface. NMFS concern about strong sounds whose criteria for pinnipeds (at least harbor considers PTS to be a Level A pulses have very rapid rise times. In seals) are ≥186 dB SEL and ≥ 218 dB harassment. terrestrial mammals, there are situations peak pressure (Southall et al., 2007). (4) Non-Auditory Physical Effects when pulses with rapid rise times (e.g., These estimates are all first from explosions) can result in PTS even approximations, given the limited Non-auditory physical effects might though their peak levels are only a few underlying data, assumptions, species occur in marine mammals exposed to dB higher than the level causing slight differences, and evidence that the strong underwater pulsed sound. TTS. The rise time of airgun pulses is ‘‘equal energy’’ model may not be Possible types of non-auditory fast but not as fast as that of an entirely correct. physiological effects or injuries that explosion. Sound impulse duration, peak theoretically might occur in mammals Some factors that contribute to onset amplitude, rise time, number of pulses, close to a strong sound source include of PTS, at least in terrestrial mammals, and inter-pulse interval are the main neurological effects, bubble formation, are as follows: factors thought to determine the onset and other types of organ or tissue • Exposure to a single very intense and extent of PTS. Ketten (1994) has damage. Some marine mammal species sound, noted that the criteria for differentiating (i.e., beaked whales) may be especially • Fast rise time from baseline to peak the sound pressure levels that result in susceptible to injury and/or stranding pressure, PTS (or TTS) are location and species when exposed to intense sounds. • Repetitive exposure to intense specific. PTS effects may also be However, there is no definitive evidence sounds that individually cause TTS but influenced strongly by the health of the that any of these effects occur even for not PTS, and receiver’s ear. marine mammals in close proximity to • Recurrent ear infections or (in As described above for TTS, in large arrays of airguns, and beaked captive animals) exposure to certain estimating the amount of sound energy whales do not occur in the proposed drugs. required to elicit the onset of TTS (and project area. In addition, marine Cavanagh (2000) reviewed the PTS), it is assumed that the auditory mammals that show behavioral thresholds used to define TTS and PTS. effect of a given cumulative SEL from a avoidance of seismic vessels, including Based on this review and SACLANT series of pulses is the same as if that most baleen whales, some odontocetes (1998), it is reasonable to assume that amount of sound energy were received (including belugas), and some PTS might occur at a received sound as a single strong sound. There are no pinnipeds, are especially unlikely to level 20 dB or more above that inducing data from marine mammals concerning incur non-auditory impairment or other mild TTS. However, for PTS to occur at the occurrence or magnitude of a physical effects. a received level only 20 dB above the potential partial recovery effect between Therefore, it is unlikely that such TTS threshold, the animal probably pulses. In deriving the estimates of PTS effects would occur during ION’s would have to be exposed to a strong (and TTS) thresholds quoted here, proposed in-ice seismic surveys given sound for an extended period or to a Southall et al. (2007) made the the brief duration of exposure and the strong sound with a rather rapid rise precautionary assumption that no planned monitoring and mitigation time. recovery would occur between pulses. measures described later in this More recently, Southall et al. (2007) It is unlikely that an odontocete document. estimated that received levels would would remain close enough to a large Additional non-auditory effects need to exceed the TTS threshold by at airgun array for a sufficiently long include elevated levels of stress least 15 dB, on an SEL basis, for there enough period to incur PTS. There is response (Wright et al., 2007; Wright to be risk of PTS. Thus, for cetaceans some concern about bow-riding and Highfill, 2007). Although not many exposed to a sequence of sound pulses, odontocetes, but for animals at or near studies have been done on noise- they estimate that the PTS threshold the surface, auditory effects are reduced induced stress in marine mammals, might be an M-weighted SEL (for the by Lloyd’s mirror and surface release extrapolation of information regarding sequence of received pulses) of ∼198 dB effects. The presence of the vessel stress responses in other species seems re 1 mPa2-s. Additional assumptions had between the airgun array and bow- applicable because the responses are to be made to derive a corresponding riding odontocetes could also, in some highly consistent among all species in estimate for pinnipeds, as the only but probably not all cases, reduce the which they have been examined to date

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(Wright et al., 2007). Therefore, it is are very few instances that seismic Potential Effects From Icebreaking on reasonable to conclude that noise acts as surveys in general have been linked to Marine Mammals a stressor to marine mammals. marine mammal strandings, other than (1) Noise Source Levels From Furthermore, given that marine those mentioned above. As a result, Icebreaking mammals will likely respond in a NMFS does not expect any marine manner consistent with other species mammals will incur serious injury or Most sounds generated by icebreaking studied, repeated and prolonged mortality in the Arctic Ocean or strand activities are caused by cavitation of the propellers. Propeller cavitation and exposures to stressors (including or as a result of the proposed seismic resulting sounds tend to be greatest induced by noise) could potentially be survey. problematic for marine mammals of all when a vessel is moving astern or when ages. Wright et al. (2007) state that a Potential Effects From Echo Sounders its forward progress has been stopped range of issues may arise from an on Marine Mammals by heavy ice during ramming. When extended stress response including, but making continuous forward progress not limited to, suppression of Three types of echo sounders have through ice, more power is required reproduction (physiologically and been proposed for ION’s 2012 in-ice than when traveling through open behaviorally), accelerated aging and seismic survey in the Beaufort and water. The greater the resistance, the sickness-like symptoms. However, as Chukchi Seas. In general, the potential greater the propeller cavitation and mentioned above, ION’s proposed effects of this equipment on marine resulting sounds, although they are activity is not expected to result in these mammals can be expected to be similar typically less strong during continuous severe effects due to the nature of the to those from the airgun, except that the forward progress than during backing potential sound exposure. sounds from these sources are at much and ramming in heavy ice. higher frequencies than those from Measurements of the Robert Lemur (5) Stranding and Mortality pushing and breaking ice in the Beaufort airguns, and thus may have more Marine mammals close to underwater Sea in 1986 resulted in an estimated potential to affect mid- and high- detonations can be killed or severely broadband source level of 193 dB re 1 frequency hearing odontocetes and injured, and the auditory organs are mPa @ 1 m (Richardson et al., 1995). Ice especially susceptible to injury (Ketten pinnipeds than mysticetes, who are conditions were not described in detail, et al., 1993; Ketten, 1995). Airgun thought to be more sensitive to low- but at that time of year (in September), pulses are less energetic, and their peak frequency sounds. Therefore, it is ice is not typically forming, so the ice amplitudes have slower rise times, possible that the onset of hearing pans that were encountered were likely while stranding and mortality events impairment to odontocetes and composed of second year ice or multi- would include other energy sources pinnipeds that are exposed to mid- or year ice. (acoustical or shock wave) far beyond high-frequency sources could be lower, The broadband source levels of three just seismic airguns. To date, there is no or the growth of TTS and/or PTS could different vessels pushing on or breaking evidence that serious injury, death, or be faster than the earlier empirical ice during drilling activities in the U.S. stranding by marine mammals can occur measurements using the watergun Beaufort Sea in 1993 were 181–183, 184, from exposure to airgun pulses, even in source (Finneran et al., 2002) or 3 kHz and 174 dB re 1 mPa @ 1 m (Hall et al., the case of large airgun arrays. tones (Finneran et al., 2005). However, 1994). Similar to the above, ice However, in past IHA notices for the magnitude of the impacts is conditions in mid-August when these seismic surveys, commenters have expected to be less due to the lower recordings were made were likely to referenced two stranding events intensity of the sound from echo have been thick first year (sea ice does allegedly associated with seismic sounders when compared to seismic not reach ‘‘second year’’ status until activities, one off Baja California and a airguns. Because of the higher September 1), second year, or multi-year second off Brazil. NMFS has addressed ice. frequencies of the echo sounder signals, this concern several times, and, without The strongest sounds produced by an new information, does not deem the the propagation ranges of acoustic icebreaker backing and ramming an ice issue to warrant further discussion. For signals are also much shorter than those ridge were measured at 203 dB re 1 mPa information relevant to strandings of from the airgun array. Since these echo @ 1 m at the point when the propellers marine mammals, readers are sounders will be operating during the were still turning at full speed ahead, encouraged to review NMFS’ response seismic survey, no additional takes of but the vessel had come to a stop when to comments on this matter found in 69 marine mammals would be considered it failed to break the ice ridge (Erbe and FR 74906 (December 14, 2004), 71 FR as take estimates would be calculated Farmer, 1998). A similar maximum 43112 (July 31, 2006), 71 FR 50027 from ensonified zones from seismic source level (200 dB re 1 mPa @ 1m) was (August 24, 2006), and 71 FR 49418 airguns. In addition, due to the fact that reported during backing and ramming (August 23, 2006). the operating frequencies of some of this activities by the U.S. Coast Guard Cutter It should be noted that strandings equipment (e.g., Skipper GDS102 that Healy as measured by a sonobuoy related to sound exposure have not been operates at frequencies above 200 kHz) deployed from that vessel in 2009 (Roth recorded for marine mammal species in are above the hearing ranges of marine and Schmidt, 2010). the Beaufort Sea. NMFS notes that in mammals, use of the equipment is not Roth and Schmidt (2010) describe the Beaufort Sea, aerial surveys have expected to cause any take of marine three very recent ‘‘case studies’’ of been conducted by the Minerals mammals. Furthermore, the beam Healy breaking ice in the high Arctic. Management Service (now BOEM) and patterns of the echo sounders are Ice type is not described, but given the industry during periods of industrial directed downward and are narrow, so date, location, and pictures provided the activity (and by BOEM during times any marine mammals that encounter the ice is clearly not first year ice and with no activity). No strandings or echo sounders at close range are instead likely second year or multi-year marine mammals in distress have been ice. The first case study provides an unlikely to be subjected to repeated observed during these surveys, and example of the Healy traveling through pulses. none have been reported by North Slope 7–9/10ths ice and then entering open- Borough inhabitants. In addition, there water. Average source levels in ice were

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estimated to be ∼185 dB while average icebreaker Healy reported in Roth and seals under fast ice at distances up to source levels in open-water were Schmidt (2010). There would still be a 20–35 km (12.4–21.8 mi) (Davis and estimated between 175–180 dB. The direct correlation between icebreaking Malme, 1997). However, icebreaking second case study is an example of effort and icebreaking noise, although activities may also have non-acoustic backing and ramming in 8/10ths ice. there are likely also many other effects, such as the potential for causing Maximum source levels reached 191– variables such as thermal gradient, stage injury, ice entrapment of animals that 195 dB. The third case study is another of ice development, speed of impact, follow the ship, and disruption of ice example of backing and ramming, this propulsion system characteristics, hull habitat (reviewed in Richardson et al., time in 9/10ths ice, where maximum and bow form, etc., that may 1989), though, as described below, these source levels reached 200 dB. differentiate the sounds produced impacts are not anticipated during this None of these examples apply very during the proposed survey. In the action. The species of marine mammals well to ice conditions likely to be examples provided in Roth and Schmidt that may be present and the nature of encountered during ION’s proposed (2010), the Healy appears to be backing icebreaker activities are strongly October-December survey. The ice and ramming in heavy multiyear ice influenced by ice type. Some species are regimes to be encountered along the (based on our interpretation of the more common in loose ice near the Alaskan Coast in the proposed survey pictures). Such conditions are beyond margins of heavy pack ice while others area during the proposed survey period the allowable operational conditions of appear to prefer heavy pack ice. will vary considerably from this project, and, if such conditions Propeller cavitation noise of icebreaking predominantly or entirely open water in were encountered, the Type A ships in loose ice is expected to be early October to being predominantly geophysical ship could not follow such much lower than in areas of heavier new, first year ice in November. The an ice-encumbered track of multiyear pack ice or thick landfast ice where ship survey work will take advantage of such ice. speed will be reduced, power levels will variations to complete the more difficult It should also be noted that the Healy be higher, and there will be greater lines when the ice conditions are was operating at maximum capacity propeller cavitation and back-ramming favorable for that work. during the measurements reported in (Richardson et al., 1995). This project will involve two ships Roth and Schmidt (2010), while during Beluga Whales—Erbe and Farmer working as one when in or near sea ice. ice-seismic the escorting icebreaker (1998) measured masked hearing In this mode, the icebreaker (Polar rarely operates in excess of 50% thresholds of a captive beluga whale. Prince) would escort the geophysical capacity. Thus, accounting for the They reported that the recording of a survey ship (Geo Arctic). As both ships disparity in the horsepower ratings of Canadian Coast Guard ship, Henry must move continuously at near survey the Polar Prince vs. the Healy, the Polar Larsen, ramming ice in the Beaufort Sea, speed throughout this escort, it is Prince is rendering an output, in terms masked recordings of beluga essential that this work is carried out in of horsepower expended, of <25% each vocalizations at a noise-to-signal ice conditions where the icebreaker is of that of the Healy during the reported pressure ratio of 18 dB. That occurred not obliged to undertake ramming measurements. when the noise pressure level was eight operations. Based on available information times as high as the call. In linear units, ION used the Arctic Ice Regime regarding sounds produced by the ramming noise was 8 times as strong Shipping System (AIRSS) to aid in their icebreaking in various ice regimes and as the call (Erbe and Farmer, 1998). A determination concerning suitable the expected ice conditions during the similar study using a software model to conditions for the survey. This system proposed survey, NMFS determined estimate the zones of impact around allows the Arctic Mariner/Ice Master to that vessel sounds generated during ice icebreakers affecting beluga whales in calculate the ‘‘toughness’’ of a particular breaking are likely to have source levels the Beaufort Sea predicted that masking ice regime. As a ‘‘rule of thumb,’’ between 175 and 185 dB re 1 mPa-m. of beluga communication signals by seismic is normally considered ramming noise from an icebreaker could (2) Impacts of Icebreaking Noise on achievable in ice where the calculation occur within 40–71 km (25–44 mi), Marine Mammals indicates navigation can safely be depending on the location. However, undertaken by the ice strengthened (Ice Limited information is available about Arctic beluga whales have shown Class A1A, type A) geophysical ship, the effects of icebreaking ships on most avoidance of icebreakers when first operating independently. ION states that species of marine mammals. Concerns detected (Erbe and Farmer, 2000), so it will take a conservative approach by have arisen in the past due to proposals individuals are unlikely to get close using a heavy escort icebreaker. This (which were never realized) to conduct enough for effects such as masking to means the icebreaker is normally shipping of oil and gas in the Arctic via occur. In addition, vocal behavior of working well below maximum power large icebreakers (Peterson, 1981). In the beluga whales in the St. Lawrence River but does have a huge propulsive power past, smaller icebreaking ships were in the presence of a ferry and a small capacity held in reserve in case ridges used by the oil and gas industry in the motorboat have shown that belugas can or other such ice features are Beaufort and Chukchi Seas to extend the change the types of calls they use, as encountered. Thus the icebreaker is offshore drilling period in support of well as shift the mean call frequency up breaking ice at a fraction of its offshore drilling, and several icebreakers during noise exposure (Lesage et al., maximum or rated capacity. or strengthened cargo ships have been 1999). Therefore, it is possible that Compared to the aggressive used in the Russian northern sea route, beluga whales in the Beaufort and icebreaking involved in the examples as well as elsewhere in the Arctic and Chukchi Seas may also have some above, the icebreaking for in-ice seismic Antarctic (Armstrong, 1984; Barr and mechanism that would allow them to surveys is of a much different and Wilson, 1985; Brigham, 1985). adapt to ambient noise due to considerably lower order. In most ice The primary concern regarding icebreaking activities. regimes expected to be encountered icebreaking activities involves the In 1991 and 1994 in the Alaskan during ION’s proposed survey, the Polar production of intense underwater sound Beaufort Sea, Richardson et al. (1995b) Prince will have about 5,123 HP (Richardson et al., 1995). Estimated recorded reactions of beluga and available for propulsion, which is far source levels of the ice-breaking cargo bowhead whales to playbacks of less than the power of the heavy vessel MV Arctic may be detectable by underwater propeller cavitation noise

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from the icebreaker Robert Lemeur Thus, level of contribution from are likely to dive into the water if the operating in heavy ice. Migrating icebreaking, ice concentration, and icebreaker comes within 1 km (0.62 mi). belugas were observed close to the drilling noise resulting in bowhead The impact of vessel traffic on seals is playback projectors on three dates, but responses is unknown. expected to be negligible. interpretable data were only collected Bowhead whales are expected to One potential impact from on 17 groups for two of these occasions. avoid vessels that are underway, icebreaking activities is ice entrapment A minimum of six groups apparently including icebreakers. The impacts of of pinnipeds that are following the altered their path in response to the icebreaking on the behavior of vessels. However, NMFS does not playback, but whales approached within bowheads are likely to occur only if consider this likely because ice a few hundred (and occasionally tens of) bowheads are still in the western formation at the time of the proposed meters before exhibiting a response. portion of the proposed study area, survey consists mostly of loose annual Icebreaker sounds were estimated at 78– although most bowheads will likely ice floes that will not freeze into 84 dB re 1mPa in the 1/3-octave band have passed through the survey area extensive pack ice. In addition, the time centered at 5,000 Hz, or 8–14 dB above prior to the start of survey activities. chosen for the icebreaking seismic ambient sound levels in that band, for The effects of icebreaking activities on survey would occur before ringed seals the six groups that reacted. The authors bowhead whales are expected to be start constructing lairs in ice around estimated that reactions at this level minor and short-term. early March. would be estimated to occur at distances Pinnipeds— Reactions of walruses to Finally, the breaking of heavy pack of approximately 10 km (6.2 mi) from an icebreakers are described more ice or thick landfast ice could also operating icebreaker. thoroughly in the available literature indirectly increase the level of ambient Beluga whales are expected to avoid than are reactions by other pinnipeds. noise due to broken ice floes cracking icebreaking vessels at distances of When comparing the reaction distances against each other, and effectively approximately 10 km (6.2 mi). The of walrus to icebreaking ships vs. other change the area’s soundscape. ships traveling in open water, Fay et al. impacts of icebreaking associated with Vessel Sounds the seismic program on the behavior of (1984) found that walrus reacted at belugas are expected to be temporary, longer distances to icebreakers. They In addition to the noise generated lasting only as long as the activity is on- were aware of the icebreaker when it from seismic airguns and active sonar going, and would have a negligible was >2 km (1.2 mi) away, and females systems, various types of vessels will be impact on the species or stock. with pups entered the water and swam used in the operations, including source Bowhead Whales—In 1991 and 1994 away when the ship was ∼1 km (0.62 vessels and support vessels. Sounds in the Alaskan Beaufort Sea, Richardson mi) away while adult males did so at from boats and vessels have been et al. (1995b) recorded reactions of distances of 0.1 to 0.3 km (0.1 to 0.2 mi). reported extensively (Greene and beluga and bowhead whales to However, it was also noted that some Moore, 1995; Blackwell and Greene, playbacks of underwater propeller walruses, ringed seals, and bearded 2002; 2005; 2006). Numerous cavitation noise from the icebreaker seals also scrambled onto ice when an measurements of underwater vessel Robert Lemeur operating in heavy ice. icebreaker was oriented toward them. sound have been performed in support Bowhead whales migrating in the In another study of 202 walrus groups of recent industry activity in the nearshore appeared to tolerate exposure observed on ice floes during icebreaking Chukchi and Beaufort Seas. Results of to projected icebreaker sounds at activities, 32% dove into the water, and these measurements have been reported received levels up to 20 dB or more 6% became alert while on the ice in various 90-day and comprehensive above ambient noise levels. However, (Brueggeman et al., 1990, 1991, 1992). reports since 2007 (e.g., Aerts et al., some bowheads appeared to divert their Concurrent aerial surveys indicated that 2008; Hauser et al., 2008; Brueggeman, paths to remain further away from the walruses hauling out on ice floes may 2009; Ireland et al., 2009). For example, projected sounds, particularly when have avoided icebreaking activities Garner and Hannay (2009) estimated exposed to levels >20 dB above ambient. within 10—15 km (6.2—9.3 mi) sound pressure levels of 100 dB at Turning frequency, surface duration, (Brueggeman et al., 1990). distances ranging from approximately number of blows per surfacing, and two Ringed and bearded seals on pack ice 2.4 to 3.7 km (1.5 to 2.3 mi) from multivariate indices of behavior were approached by an icebreaker typically various types of barges. MacDonald et significantly correlated with the signal- dove into the water within 0.93 km al. (2008) estimated higher underwater to-noise ratio >20 dB (and as low as 10 (0.58 mi) of the vessel but tended to be SPLs from the seismic vessel Gilavar of dB for turning frequency). The authors less responsive when the same ship was 120 dB at approximately 21 km (13 mi) suggested that bowheads may underway in open water (Brueggeman et from the source, although the sound commonly react to icebreakers at al., 1992). In another study, ringed and level was only 150 dB at 26 m (85 ft) distances up to 10–50 km (6.2–31 mi), harp seals remained on the ice when an from the vessel. Compared to airgun but note that reactions were highly icebreaker was 1–2 km (0.62—1.2 mi) pulses, underwater sound from vessels dependent on several variables not away, but seals often dove into the is generally at relatively low levels. controlled in the study. water when closer to the icebreaker The primary sources of sounds from There are few other studies on the (Kanik et al., 1980 in Richardson et al., all vessel classes are propeller reactions of baleen whales to 1995a). Ringed seals have also been seen cavitation, propeller singing, and icebreaking activities. During fall 1992, feeding among overturned ice floes in propulsion or other machinery. migrating bowhead whales apparently the wake of icebreakers (Brewer et al., Propeller cavitation is usually the avoided (by at least 25 km [15.5 mi]) a 1993). dominant noise source for vessels (Ross, drill site that was supported almost Seals swimming are likely to avoid 1976). Propeller cavitation and singing daily by intensive icebreaking activity approaching vessels by a few meters to are produced outside the hull, whereas in the Alaskan Beaufort Sea (Brewer et a few tens of meters, while some propulsion or other machinery noise al., 1993). However, bowheads also ‘‘curious’’ seals are likely to swim originates inside the hull. There are avoided a nearby drill site in the fall of toward vessels. Seals hauled out on ice additional sounds produced by vessel another year that had little icebreaking also show mixed reaction to activity, such as pumps, generators, support (LGL and Greenridge, 1987). approaching vessels/icebreakers. Seals flow noise from water passing over the

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hull, and bubbles breaking in the wake. sound from the engines and propeller Potential Impacts on Physical Icebreakers contribute greater sound exceeds a certain level. Avoidance Environment levels during ice-breaking activities than reactions have been observed in fish, ships of similar size during normal such as cod and herring, when vessels The proposed airgun operations will operation in open water (Richardson et approached close enough that received not result in any permanent impact on al., 1995). This higher sound production sound levels are 110 dB to 130 dB habitats used by marine mammals or to results from the greater amount of (Nakken, 1992; Olsen, 1979; Ona and their food sources. The main impact power and propeller cavitation required Godo, 1990; Ona and Toresen, 1988). issue associated with the proposed when operating in thick ice. Source However, other researchers have found activities would be temporarily elevated levels from various vessels would be that fish such as polar cod, herring, and noise levels and their associated direct empirically measured before the start of capeline are often attracted to vessels effects on marine mammals, as marine surveys. (apparently by the noise) and swim discussed above, as well as the potential For this project, the majority of any toward the vessel (Rostad et al., 2006). effects of icebreaking. The potential vessel noise would occur concurrently Typical sound source levels of vessel effects of icebreaking include locally with sounds generated by seismic noise in the audible range for fish are altered ice conditions and the potential airguns or icebreaking and any potential 150 dB to 170 dB (Richardson et al., for the destruction of ringed seal lairs. impacts would be expected to be 1995). However, ringed seals are not expected subsumed by the impacts of those Further, during the proposed in-ice to enter these structures until later in louder sources. seismic survey, only a small fraction of the season, after the completion of ION’s Anticipated Effects on Habitat the available habitat would be activities. Ice conditions at this time of ensonified at any given time. year are typically quite variable with The primary potential impacts to Disturbance to fish species would be new leads opening and pressure ridges marine mammals and other marine short-term, and fish would return to forming as wind and waves move the species are associated with elevated their pre-disturbance behavior once the newly forming ice. This dynamic sound levels produced by airguns and seismic activity ceases (McCauley et al., environment may be responsible for the other active acoustic sources, noise 2000a, 2000b; Santulli et al., 1999; mean date of permanent den entry on generated from icebreaking, and Pearson et al., 1992). Thus, the sea ice in the Beaufort Sea being later breaking of ice during the seismic proposed survey would have little, if than on land (Amstrup and Gardner, survey. However, other potential any, impact on the abilities of marine 1994). The icebreaker and seismic vessel impacts to the surrounding habitat from mammals to feed in the area where transit is not expected to significantly physical disturbance are also possible. seismic work is planned. alter the formation of sea ice during this Potential Impacts on Prey Species Some mysticetes, including bowhead period. With regard to fish as a prey source whales, feed on concentrations of Icebreaking would open leads in the for cetaceans and pinnipeds, fish are zooplankton. Some feeding bowhead sea ice along the vessel tracklines and known to hear and react to sounds and whales may occur in the Alaskan could potentially destroy ringed seal to use sound to communicate (Tavolga Beaufort Sea in July and August, and lairs. However, ringed seals will not et al., 1981) and possibly avoid others feed intermittently during their need lairs for pupping until the late predators (Wilson and Dill, 2002). westward migration in September and winter or spring (after ION completes Experiments have shown that fish can October (Richardson and Thomson operations), so the impacts are not sense both the strength and direction of [eds.] 2002; Lowry et al., 2004). expected to impact pup survival. Ringed sound (Hawkins, 1981). Primary factors However, by the time most bowhead seals excavate lairs in snow that determining whether a fish can sense a whales reach the Chukchi Sea (October), accumulates on sea ice near their sound signal, and potentially react to it, they will likely no longer be feeding, or breathing holes, and an individual seal are the frequency of the signal and the if feeding occurs it will be very limited. maintains several breathing holes strength of the signal in relation to the A reaction by zooplankton to a seismic (Smith and Stirling, 1975). Ringed seal natural background noise level. impulse would only be relevant to lairs are found in snow depths of 20– The level of sound at which a fish whales if it caused concentrations of 150 cm (8–59 in) (Smith and Stirling, will react or alter its behavior is usually zooplankton to scatter. Pressure changes 1975), and seals are not expected to well above the detection level. Fish of sufficient magnitude to cause that enter lairs before the proposed seismic have been found to react to sounds type of reaction would probably occur survey takes place. Damage to lairs when the sound level increased to about only very close to the source. Impacts caused by survey activities is not 20 dB above the detection level of 120 on zooplankton behavior are predicted expected to exceed that which occurs dB (Ona, 1988); however, the response to be inconsequential, and that would naturally, and lair destruction in the threshold can depend on the time of translate into negligible impacts on early winter would likely not impact year and the fish’s physiological feeding mysticetes. Because ION will ringed seal survival. Lanugal pups born condition (Engas et al., 1993). In not start operations until early October, in the spring can become hypothermic general, fish react more strongly to a substantial portion of the bowhead if wetted, but by early winter they are pulses of sound rather than a population that feeds in the Beaufort robust to submersion having spent the continuous signal (such as noise from a Sea during the fall westward migration entire summer at sea (Smith et al., vessel or icebreaking) (Blaxter et al., will have already completed feeding 1991). The highest density of ringed 1981), and a quicker alarm response is and migrated out of the area before the seals reported from aerial surveys elicited when the sound signal intensity proposed survey begins. Thus, the conducted during spring when seals rises rapidly compared to sound rising proposed activity is not expected to were emerging from lairs was in areas more slowly to the same level. have any habitat-related effects on prey with water depth ranging from 5–35 m Investigations of fish behavior in species or feeding marine mammals that (16.4–115 ft) (Frost et al., 2004). A relation to vessel noise (Olsen et al., could cause significant or long-term relatively small proportion (5%; 364 km 1983; Ona, 1988; Ona and Godo, 1990) consequences for individual marine [226 mi]) of the proposed survey have shown that fish react when the mammals or their populations. trackline is planned in that area.

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During the seismic survey only a beluga whales, ringed, spotted, and camps on Cross Island from where they small fraction of the available habitat bearded seals, walruses, and polar bears. undertake the fall bowhead whale hunt. would be ensonified at any given time. (Both the walrus and the polar bear are The hunting period starts normally in Disturbance to fish species would be under the USFWS’ jurisdiction.) The early September and may last as late as short-term, and fish are expected to importance of each of these species mid-October, depending mainly on ice return to their pre-disturbance behavior varies among the communities and is and weather conditions and the success once the seismic activity ceases largely based on availability. of the hunt. Most of the hunt occurs offshore in waters east, north, and (McCauley et al., 2000a, b; Santulli et (1) Bowhead Whales al., 1999; Pearson et al., 1992). Thus, the northwest of Cross Island where proposed survey would have little, if Bowhead whale hunting is a key bowheads migrate and not inside the any, impact on the abilities of marine activity in the subsistence economies of barrier islands (Galginaitis, 2007). mammals to feed in the area where Barrow and other Native communities Hunters prefer to take bowheads close to seismic work is planned. along the Beaufort Sea and Chukchi Sea shore to avoid a long tow during which Refueling at sea has the potential to coast. The whale harvests have a great the meat can spoil, but Braund and impact the marine environment if a spill influence on social relations by Moorehead (1995) report that crews may were to occur. However, there are strengthening the sense of Inupiat (rarely) pursue whales as far as 80 km multiple procedures and safeguards in culture and heritage in addition to (50 mi) offshore. Whaling crews use place to avoid such an accident. Prior to reinforcing family and community ties. Kaktovik as their home base, leaving the conducting a fuel transfer, the area An overall quota system for the village and returning on a daily basis. around the vessels would be checked for hunting of bowhead whales was The core whaling area is within 19.3 km the presence of marine mammals and established by the International Whaling (12 mi) of the village with a periphery operations delayed until the area is Commission in 1977. The quota is now ranging about 13 km (8 mi) farther, if clear. A leak during refueling would be regulated through an agreement between necessary. The extreme limits of the detected and the system shut down NMFS and the Alaska Eskimo Whaling Kaktovik whaling limit would be the within a maximum of 30 seconds. The Commission (AEWC). The AEWC allots middle of Camden Bay to the west. The diesel oil transfer pump is rated at 50 the number of bowhead whales that timing of the Kaktovik bowhead whale IGPM @ 60 ft pressure head. Therefore, each whaling community may harvest hunt roughly parallels the Cross Island the maximum amount of oil that could annually during five-year periods whale hunt (Impact Assessment Inc, (USDI/BLM, 2005). NMFS proposed be spilled during a transfer is 25 1990b; SRB&A, 2009:Map 64). In recent continuation of the bowhead hunt for imperial gallons. This risk is reduced years, the hunts at Kaktovik and Cross the five-year period 2008–2012 (NMFS, further with the standard use of ‘dry- Island have usually ended by mid- to 2008b), and in June 2012, NMFS break’ fittings for fuel transfers. late September (prior to the proposed Based on the information provided in released a Draft Environmental Impact start date for ION’s seismic survey). this section, the proposed activity is not Statement proposing to continue the The spring hunts at Wainwright and expected to have any habitat-related bowhead hunt for the period 2013– Barrow occur after leads open due to the 2017/2018 (NMFS, 2012). effects that could cause significant or deterioration of pack ice; the spring The community of Barrow hunts long-term consequences for individual hunt typically occurs from early April bowhead whales in both the spring and marine mammals or their populations. until the first week of June. The location fall during the whales’ seasonal of the fall subsistence hunt depends on Potential Impacts on Availability of migrations along the coast. Often the ice conditions and (in some years) Affected Species or Stock for Taking for bulk of the Barrow bowhead harvest is industrial activities that influence the Subsistence Uses taken during the spring hunt. However, bowheads as they move west (Brower, with larger quotas in recent years, it is Relevant Subsistence Uses 1996). In the fall, subsistence hunters common for a substantial fraction of the use aluminum or fiberglass boats with Subsistence hunting and fishing annual Barrow quota to remain available outboards. At Barrow the fall hunt continue to be prominent in the for the fall hunt. The communities of usually begins in mid-September, and household economies and social welfare Nuiqsut and Kaktovik participate only mainly occurs in the waters east and of some Alaskan residents, particularly in the fall bowhead harvest. The fall northeast of Point Barrow. In 2007 among those living in small, rural migration of bowhead whales that however, all bowheads taken in fall at villages (Wolfe and Walker, 1987). The summer in the eastern Beaufort Sea Barrow were harvested west of Pt. disturbance and potential displacement typically begins in late August or Barrow in the Chukchi Sea (Suydam et of marine mammals by sounds from the September. Fall migration into Alaskan al., 2008). The whales have usually left proposed marine surveys are the waters is primarily during September the Beaufort Sea by late October principal concerns related to and October. However, in recent years a (Treacy, 2002a; 2002b). subsistence use of the area. Subsistence small number of bowheads have been The scheduling of this seismic survey remains the basis for Alaska Native seen or heard offshore from the Prudhoe was introduced to representatives of culture and community. Marine Bay region during the last week of those concerned with the subsistence mammals are legally hunted in Alaskan August (Treacy, 1993; LGL and bowhead hunt including the AEWC and waters by coastal Alaska Natives. In Greeneridge, 1996; Greene, 1997; Greene the North Slope Borough (NSB) rural Alaska, subsistence activities are et al., 1999; Blackwell et al., 2004). Department of Wildlife Management often central to many aspects of human In autumn, westward-migrating during a meeting in Barrow on existence, including patterns of family bowhead whales typically reach the December 15, 2009. Additional meetings life, artistic expression, and community Kaktovik and Cross Island (Nuiqsut occurred in 2010, 2011, and 2012 with religious and celebratory activities. hunters) areas by early September, at more planned later in 2012 to share Additionally, the animals taken for which points the hunts begin (Kaleak, information regarding the survey with subsistence provide a significant portion 1996; Long, 1996; Galginaitis and Koski, other members of the subsistence of the food that will last the community 2002; Galginaitis and Funk, 2004, 2005; hunting community. The timing of the throughout the year. The main species Koski et al., 2005). Around late August, proposed geophysical survey in that are hunted include bowhead and the hunters from Nuiqsut establish October–December will not affect the

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spring bowhead hunt. The fall bowhead a location where spotted seals are In the case of subsistence hunts for hunt may be occurring near Barrow harvested. Spotted seals are also bowhead whales in the Beaufort and during October, and operations will be occasionally hunted in the area off Point Chukchi Seas, there could be an adverse coordinated with the AEWC. ION will Barrow and along the barrier islands of impact on the hunt if the whales were operate at the eastern end of the survey Elson Lagoon to the east (USDI/BLM, deflected seaward (further from shore) area until fall whaling in the Beaufort 2005). The average annual spotted seal in traditional hunting areas. The impact Sea near Barrow is finished. Fall harvest by the community of Barrow would be that whaling crews would bowhead whale hunts by members of from 1987–1990 was one (Braund et al., have to travel greater distances to the communities of Kaktovik and 1993) intercept westward migrating whales, Nuiqsut will likely be completed prior Bearded seals, although not favored thereby creating a safety hazard for to October. for their meat, are important to whaling crews and/or limiting chances Whaling communities of the Bering subsistence activities in Barrow because of successfully striking and landing Strait area, such as Gambell and of their skins. Six to nine bearded seal bowheads. Native knowledge indicates Savoonga on St. Lawrence Island, hunt hides are used by whalers to cover each that bowhead whales become bowheads in the late fall (typically of the skin-covered boats traditionally increasingly ‘‘skittish’’ in the presence around Thanksgiving). Because ION used for spring whaling. Because of of seismic noise. Whales are more wary intends to conduct operations in the their valuable hides and large size, around the hunters and tend to expose Beaufort and Chukchi Seas until early to bearded seals are specifically sought. a much smaller portion of their back mid-December, ION’s vessel transits Bearded seals are harvested during the when surfacing (which makes through the Bering Strait should not summer months in the Beaufort Sea harvesting more difficult). Additionally, interfere with these late fall hunts. (USDI/BLM, 2005). The animals inhabit natives report that bowheads exhibit (2) Beluga Whales the environment around the ice floes in angry behaviors in the presence of seismic, such as tail-slapping, which Beluga whales are available to the drifting ice pack, so hunting usually occurs from boats in the drift ice. translate to danger for nearby subsistence hunters at Barrow in the subsistence harvesters. spring when pack-ice conditions Braund et al. (1993) mapped the majority of bearded seal harvest sites However, due to its proposed time deteriorate and leads open up. Belugas ∼ and location, ION’s proposed in-ice may remain in the area through June from 1987 to 1990 as being within 24 km (∼15 mi) of Point Barrow. The seismic survey in the Beaufort and and some-times into July and August in Chukchi Seas would be unlikely to average annual take of bearded seals by ice-free waters. Hunters usually wait result in the aforementioned impacts. the Barrow community from 1987 to until after the spring bowhead whale As discussed earlier in detail, the only 1990 was 174. Because bearded seal hunt is finished before turning their potential impacts on subsistence use of hunting typically occurs during the attention to hunting belugas. The marine mammals from ION’s proposed summer months, the proposed October– average annual harvest of beluga whales icebreaking seismic survey during December survey is not expected to taken by Barrow for 1962–1982 was five October–December period are the fall affect bearded seal harvests. (MMS, 1996). The Alaska Beluga Whale bowhead hunt and ringed seal harvest. Committee recorded that 23 beluga Potential Impacts to Subsistence Uses Nevertheless, the proposed seismic whales had been harvested by Barrow survey is expected to occur in waters far hunters from 1987 to 2002, ranging from NMFS has defined ‘‘unmitigable offshore from the regular seal hunting 0 in 1987, 1988 and 1995 to the high of adverse impact’’ in 50 CFR 216.103 as: areas, and ION indicates it would elect 8 in 1997 (Fuller and George, 1999; ‘‘* * * an impact resulting from the to operate at the eastern end of the Alaska Beluga Whale Committee, 2002 specified activity: (1) That is likely to survey area until fall whaling in the in USDI/BLM, 2005). The timing of the reduce the availability of the species to Beaufort Sea near Barrow is finished, proposed survey will not overlap with a level insufficient for a harvest to meet thus reducing the likelihood of the beluga harvest. subsistence needs by: (i) Causing the interfering with subsistence use of marine mammals to abandon or avoid marine mammals in the vicinity of the (3) Ice Seals hunting areas; (ii) Directly displacing project area. Ringed seals are hunted mainly from subsistence users; or (iii) Placing October through June. Hunting for these physical barriers between the marine Proposed Mitigation smaller mammals is concentrated mammals and the subsistence hunters; In order to issue an incidental take during winter because bowhead whales, and (2) That cannot be sufficiently authorization (ITA) under Section bearded seals and caribou are available mitigated by other measures to increase 101(a)(5)(D) of the MMPA, NMFS must through other seasons. In winter, leads the availability of marine mammals to set forth the permissible methods of and cracks in the ice off points of land allow subsistence needs to be met.’’ taking pursuant to such activity, and and along the barrier islands are used Seismic surveys and associated other means of effecting the least for hunting ringed seals. The seismic icebreaking operations have the practicable impact on such species or survey would be largely in offshore potential to impact marine mammals stock and its habitat, paying particular waters where the activities would not hunted by Native Alaskans. In the case attention to rookeries, mating grounds, influence ringed seals in the nearshore of cetaceans, the most common reaction and areas of similar significance, and on areas where they are hunted. to anthropogenic sounds (as noted the availability of such species or stock The spotted seal subsistence hunt previously in this document) is for taking for certain subsistence uses. peaks in July and August, at least in avoidance of the ensonified area. In the For the proposed ION in-ice seismic 1987 to 1990, but involves few animals. case of bowhead whales, this often survey in the Beaufort and Chukchi Spotted seals typically migrate south by means that the animals could divert Seas, ION worked with NMFS and October to overwinter in the Bering Sea, from their normal migratory path by up proposed the following mitigation and therefore the proposed October– to several kilometers. Additionally, measures to minimize the potential December survey will not affect hunting general vessel presence in the vicinity of impacts to marine mammals in the of this species. Admiralty Bay, less than traditional hunting areas could project vicinity as a result of the marine 60 km (37 mi) to the east of Barrow, is negatively impact a hunt. seismic survey activities.

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As part of the application, ION around industrial sound sources are measured in <100 m (328 ft) of water submitted to NMFS a Marine Mammal customarily defined as the distances near Harrison Bay in 2007, and results Monitoring and Mitigation Program within which received sound levels are were reported in Funk et al. (2008). The (4MP) for its in-ice seismic survey in the ≥180 dB re 1 mPa (rms) for cetaceans and constant term of the resulting equation Beaufort and Chukchi Seas during the ≥190 dB re 1 mPa (rms) for pinnipeds. was increased by 2.45 dB based on the 2012 fall season. The objectives of the These criteria are based on an difference between the volume of the 4MP are: assumption that sound energy at lower two airguns [2.45 = 20Log(70/30)∧(1⁄3)]. • To ensure that disturbance to received levels will not injure these The 190 and 180 dB (rms) distances for marine mammals and subsistence hunts animals or impair their hearing abilities the 70-in3 airgun from the adjusted is minimized and all permit stipulations but that higher received levels might equation, 19 m (62 ft) and 86 m (282 ft) are followed, have some such effects. Disturbance or respectively, would be used as the • To document the effects of the behavioral effects to marine mammals exclusion zones around the single 70 in3 proposed survey activities on marine from underwater sound may occur after airgun in all water depths until results mammals, and exposure to sound at distances greater from field measurements are available. • To collect baseline data on the than the exclusion zone (Richardson et An acoustics contractor would occurrence and distribution of marine al., 1995; see above). mammals in the study area. Received sound levels were modeled perform the direct measurements of the The 4MP may be modified or for the full 26 airgun, 4,450 in3 array in received levels of underwater sound supplemented based on comments or relation to distance and direction from versus distance and direction from the new information received from the the source (Zykov et al., 2010). Based on energy source arrays using calibrated public during the public comment the model results, Table 1 in this hydrophones (see below ‘‘Sound Source period or from the peer review panel document shows the distances from the Verification’’ in the ‘‘Proposed (see the ‘‘Monitoring Plan Peer Review’’ airguns where ION predicts that Monitoring’’ section). The acoustic data section later in this document). received sound levels will drop below would be analyzed as quickly as 190, 180, and 160 dB re 1 mPa (rms). A reasonably practicable in the field and Mitigation Measures Proposed in ION’s single 70-in3 airgun would be used used to verify (and if necessary adjust) IHA Application during turns or if a power down of the the size of the exclusion zones. The ION listed the following protocols to full array (see below) is necessary due field report will be made available to be implemented during its marine to the presence of a marine mammal NMFS and the Protected Species seismic survey in the Beaufort and within or about to enter the applicable Observers (PSOs) within 120 hrs of Chukchi Seas. exclusion zone of the full airgun array. completing the measurements. The To model the source level of the 70-in3 mitigation measures to be implemented (1) Exclusion Zones airgun, ION used the measurements of at the 190 and 180 dB (rms) sound Under current NMFS guidelines, a 30-in3 airgun. Underwater sound levels would include power downs and ‘‘exclusion zones’’ for marine mammals propagation of a 30-in3 airgun was shut downs as described below.

TABLE 1—MARINE MAMMAL EXCLUSION ZONES FROM THE 26 AIRGUN, 4,450-IN3 ARRAY, FOR SPECIFIC CATEGORIES BASED ON THE WATER DEPTH

Exclusion and disturbance zones (meters) μ rms (dB re. 1 Pa) less than 100 m– more than 100 m 1,000 m 1,000 m

190 ...... 600 180 180 180 ...... 2,850 660 580 160 ...... 27,800 42,200 31,600

(2) Speed or Course Alteration If any barge or transit vessel approaches no whales will be injured when the within 1.6 km (1 mi) of observed If a marine mammal (in water) is propellers are engaged. bowhead whales, the vessel operator detected outside the exclusion zone When weather conditions require, shall take reasonable precautions to and, based on its position and the such as when visibility drops, adjust avoid potential interaction with the relative motion, is likely to enter the vessel speed accordingly to avoid the bowhead whales by taking one or more exclusion zone, the vessel’s speed and/ likelihood of injury to whales. of the following actions, as appropriate: or direct course shall be changed in a (A) Reducing vessel speed to less than In the event that any aircraft (such as manner that also minimizes the effect 5 knots within 300 yards (900 feet or helicopters) are used to support the on the planned objectives when such a 274 m) of the whale(s); planned survey, the proposed mitigation maneuver is safe. (B) Steering around the whale(s) if measures below would apply: Another measure proposes to avoid possible; (A) Under no circumstances, other concentrations or groups of whales by (C) Operating the vessel(s) in such a all vessels in transit under the direction way as to avoid separating members of than an emergency, shall aircraft be of ION. Operators of vessels should, at a group of whales from other members operated at an altitude lower than 1,000 all times, conduct their activities at the of the group; feet above sea level (ASL) when within maximum distance possible from such (D) Operating the vessel(s) to avoid 0.3 mile (0.5 km) of groups of whales. concentrations of whales. causing a whale to make multiple (B) Helicopters shall not hover or All vessels during transit shall be changes in direction; and circle above or within 0.3 mile (0.5 km) operated at speeds necessary to ensure (E) Checking the waters immediately of groups of whales. no physical contact with whales occurs. adjacent to the vessel(s) to ensure that

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(3) Ramp Ups when increasing the source levels from seismic operations, a power down or A ramp up of an airgun array provides one airgun to the full array. PSOs will other necessary mitigation measures a gradual increase in sound levels and be on duty whenever the airguns are will immediately be implemented. If the involves a step-wise increase in the firing during daylight and during the 30 animal does not enter the water, it will minute periods prior to full ramp ups. not be exposed to sounds at received number and total volume of airguns ∼ firing until the full volume is achieved. Daylight will occur for 11 hours/day at levels for which mitigation is required; the start of the survey in early October therefore, no mitigation measures will The purpose of a ramp up is to ‘‘warn’’ ∼ marine mammals in the vicinity of the diminishing to 3 hours/day in mid- be taken. Following a power down, operation of airguns and to provide the time for them November. the full airgun array will not resume to leave the area and thus avoid any (4) Power Down Procedures until the marine mammal has cleared potential injury or impairment of their A power down involves decreasing the exclusion zone. The animal will be hearing abilities. the number of airguns in use such that considered to have cleared the During the proposed seismic survey the radii of the 190 and 180 dB re 1 mPa program, the seismic operator will ramp exclusion zone if it: (rms) zones are decreased to the extent • Is visually observed to have left the up the airgun arrays slowly. Full ramp that observed marine mammals are not exclusion zone, or ups (i.e., from a cold start after a shut in the applicable exclusion zone. A • Has not been seen within the zone down or when no airguns have been power down may also occur when the for 15 min in the case of pinnipeds firing) will begin by firing a single vessel is moving from one seismic line (excluding walruses) or small airgun in the array. A full ramp up, to another. During a power down, only odontocetes, or following a cold start, can be applied if one airgun is operated. The continued • Has not been seen within the zone the exclusion zone has been free of operation of one airgun is intended to for 30 min in the case of mysticetes or marine mammals for a consecutive 30- (a) alert marine mammals to the large odontocetes. minute period. The entire exclusion presence of the seismic vessel in the zone must have been visible during area, and (b) retain the option of (5) Shutdown Procedures these 30 minutes. If the entire exclusion initiating a ramp up to full array under The operating airgun(s) will be shut zone is not visible, then ramp up from poor visibility conditions. In contrast, a down completely if a marine mammal a cold start cannot begin. shutdown is when all airgun activity is approaches or enters the then-applicable Ramp up procedures from a cold start suspended (see next section). exclusion zone and a power down is not shall be delayed if a marine mammal is If a marine mammal is detected practical or adequate to reduce exposure sighted within the exclusion zone outside the exclusion zone but is likely to less than 190 or 180 dB re 1 mPa during the 30-minute period prior to the to enter the exclusion zone, and if the (rms). The operating airgun(s) will also ramp up. The delay shall last until the vessel’s speed and/or course cannot be be shut down completely if a marine marine mammal(s) has been observed to changed to avoid having the mammal mammal approaches or enters the leave the exclusion zone or until the enter the exclusion zone, the airguns estimated exclusion zone around the animal(s) is not sighted for at least 15 or may (as an alternative to a complete reduced source (one 70 in3 airgun) that 30 minutes. The 15 minutes applies to shutdown) be powered down before the will be used during a power down. small odontocetes and pinnipeds, while mammal is within the exclusion zone. Airgun activity will not resume until a 30 minute observation period applies Likewise, if a mammal is already within the marine mammal has cleared the to baleen whales and large toothed the exclusion zone when first detected, exclusion zone. The animal will be whales. the airguns will be powered down considered to have cleared the A ramp up, following a shutdown, immediately if this is a reasonable exclusion zone if it is visually observed can be applied if the marine mammal(s) alternative to a complete shutdown. to have left the exclusion zone, or if it for which the shutdown occurred has During a power down of the array, the has not been seen within the zone for been observed to leave the exclusion number of guns operating will be 15 min (pinnipeds and small zone or until the animal(s) is not sighted reduced to a single 70 in3 airgun. The odontocetes) or 30 min (mysticetes and for at least 15 minutes (small pre-season estimates of the 190 dB re 1 large odontocetes). Ramp up procedures odontocetes and pinnipeds) or 30 mPa (rms) and 180 dB re 1 mPa (rms) will be followed during resumption of minutes (baleen whales and large exclusion zones around the power down full seismic operations after a shutdown toothed whales). source are 19 m (62 ft) and 86 m (282 of the airgun array. If, for any reason, electrical power to ft), respectively. The 70 in3 airgun the airgun array has been discontinued power down source will be measured Additional Mitigation Measures for a period of 10 minutes or more, during acoustic sound source Proposed by NMFS ramp-up procedures shall be measurements conducted at the start of In addition to ION’s proposed implemented. Only if the PSO watch seismic operations. If a marine mammal mitigation measures discussed above, has been suspended, a 30-minute is detected within or near the applicable NMFS proposes the following clearance of the exclusion zone is exclusion zone around the single 70 in3 additional measures during the long required prior to commencing ramp-up. airgun, it too will be deactivated, periods of darkness when the seismic Discontinuation of airgun activity for resulting in a complete shutdown (see survey is proposed. Specifically in this less than 10 minutes does not require a next subsection). case, With the exception of turns when ramp-up. Marine mammals hauled out on ice starting a new trackline, or short transits The seismic operator and PSOs shall may enter the water when approached or maintenance with a duration of less maintain records of the times when closely by a vessel. If a marine mammal than one hour, NMFS does not ramp-ups start and when the airgun on ice is detected by PSOs within the recommend keeping one airgun (also arrays reach full power. exclusion zones, it will be watched referred to as the ‘‘mitigation gun’’ in During turns and transit between carefully in case it enters the water. In past IHAs) firing for long periods of time seismic transects, the 70 in3 mitigation the event the animal does enter the during darkness or other periods of poor gun will remain operational. The ramp water and is within an applicable visibility, as it would only introduce up procedure will still be followed exclusion zone of the airguns during more noise into the water with no

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potential near-term avoidance benefits be included in the 2012 Final POC activities, supplemented by the officers for marine mammals. document. on duty, to comply with expected provisions in the IHA (if issued). The Furthermore, NMFS proposes that the Mitigation Conclusions airgun array be shut down if a pinniped observers will monitor the occurrence is sighted hauled out on ice within the NMFS has carefully evaluated the and behavior of marine mammals near underwater exclusion zone (received applicant’s proposed mitigation the survey vessels during all daylight level 190 dB re 1 mPa (rms)). Even measures and considered a range of periods. PSO duties will include though the pinniped may not be other measures in the context of watching for and identifying marine exposed to in-air noise levels that could ensuring that NMFS prescribes the mammals; recording their numbers, be considered a take, the presence of the means of effecting the least practicable distances, and reactions to the survey seismic vessel could prompt the animal impact on the affected marine mammal operations; and documenting ‘‘take by to slip into the water, and thus be species and stocks and their habitat. Our harassment’’ as defined by NMFS. evaluation of potential measures exposed to a high intensity sound field A. Number of Observers as a result. included consideration of the following factors in relation to one another: A sufficient number of PSOs will be Mitigation Measures for Subsistence • The manner in which, and the required onboard the survey vessel to Activities degree to which, the successful meet the following criteria: • 100% monitoring coverage during (1) Subsistence Mitigation Measures implementation of the measure is expected to minimize adverse impacts all periods of survey operations in Since ION’s proposed October– to marine mammals; daylight; December in-ice seismic survey in the • The proven or likely efficacy of the • Maximum of 4 consecutive hours Beaufort and Chukchi Seas is not specific measure to minimize adverse on watch per PSO; and expected to affect subsistence use of impacts as planned; and • Maximum of ∼12 hours of watch marine mammals by Alaskan Natives • The practicability of the measure time per day per PSO. due to its proposed time and location, for applicant implementation. An experienced field crew leader will no specific mitigation measures are Based on our evaluation of the supervise the PSO team onboard the proposed other than those general applicant’s proposed measures, as well survey vessels. ION’s proposed survey mitigation measures discussed above. as other measures considered by NMFS, will occur in October–December when NMFS has preliminarily determined the number of hours of daylight is (2) Plan of Cooperation (POC) that the proposed mitigation measures significantly reduced, and thus will Regulations at 50 CFR 216.104(a)(12) provide the means of effecting the least require fewer PSOs to be aboard the require IHA applicants for activities that practicable impact on marine mammal survey vessel than required for surveys take place in Arctic waters to provide a species or stocks and their habitat, conducted during the open water season POC or information that identifies what paying particular attention to rookeries, with nearly 24 hrs of daylight. PSOs measures have been taken and/or will mating grounds, and areas of similar aboard the icebreaker operating 0.5–1 be taken to minimize adverse effects on significance. km (0.31–0.62 mi) ahead of the survey vessel will provide early detection of the availability of marine mammals for Proposed Monitoring and Reporting subsistence purposes. marine mammals along the survey track. In order to issue an ITA for an Three PSOs will be stationed aboard the ION has developed a ‘‘Plan of activity, Section 101(a)(5)(D) of the icebreaker Polar Prince to take Cooperation’’ (POC) for the proposed MMPA states that NMFS must set forth advantage of this forward operating 2012 seismic survey in the Beaufort and ‘‘requirements pertaining to the platform and provide advance notice of Chukchi Seas in consultation with monitoring and reporting of such marine mammals to the PSO on the representatives of Barrow, Nuiqsut, taking’’. The MMPA implementing survey vessel. Three PSOs will be Kaktovik, and Wainwright and regulations at 50 CFR 216.104(a)(13) stationed aboard the survey vessel Geo subsistence users within these indicate that requests for ITAs must Arctic to monitor the exclusion zones communities. NMFS received a final include the suggested means of centered on the airguns and to request draft of the POC on May 22, 2012. The accomplishing the necessary monitoring mitigation actions when necessary. final draft POC is posted on NMFS Web and reporting that will result in site at http://www.nmfs.noaa.gov/pr/ B. Observer Qualifications and Training increased knowledge of the species and permits/incidental.htm#applications. of the level of taking or impacts on Crew leaders and most other ION will continue to engage with the populations of marine mammals that are biologists serving as observers will be communities of Barrow, Nuiqsut, expected to be present in the proposed individuals with recent experience as Kaktovik, and Wainwright to identify action area. observers during one or more seismic and avoid areas of potential conflict. monitoring projects in Alaska, the The meetings with stakeholders that Proposed Monitoring Measures Canadian Beaufort Sea, or other offshore took place in 2010 and 2011 are listed The monitoring plan proposed by ION areas. in Table 16 and Table 17, respectively, can be found in the 4MP. The plan may Biologist-observers will have previous of ION’s IHA application. The meetings be modified or supplemented based on marine mammal observation experience, that have taken place in 2012, as well comments or new information received and field crew leaders will be highly as additional proposed meetings, are from the public during the public experienced with previous vessel-based listed in Table 18 of ION’s IHA comment period. A summary of the marine mammal monitoring and application. Members of marine primary components of the plan mitigation projects. Re´sume´s for all mammal co-management groups and follows. individuals will be provided to NMFS groups that address subsistence for review and acceptance of their activities were specifically notified of (1) Protected Species Observers qualifications. Inupiat observers will be the public meetings so that they could Vessel-based monitoring for marine experienced in the region, familiar with provide input. A record of all mammals will be performed by trained the marine mammals of the area, and consultation with subsistence users will PSOs throughout the period of survey complete an approved observer training

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course designed to familiarize • Monitoring and mitigation when first sighted and after initial individuals with monitoring and data objectives and procedures, initial sighting, heading (if determinable), collection procedures. A PSO handbook, exclusion zones; bearing and distance from observer, adapted for the specifics of the planned • Responsibilities of staff and crew apparent reaction to activities (e.g., survey program, will be prepared and regarding the marine mammal none, avoidance, approach, etc.), closest distributed beforehand to all PSOs (see monitoring plan; point of approach, and pace; summary below). • Instructions for ship crew regarding • Additional details for any Biologist-observers and Inupiat the marine mammal monitoring plan; unidentified marine mammal or observers will also complete a two or • Data recording procedures: codes unknown observed; three-day training and refresher session and coding instructions, common • Time, location, speed, and activity together on marine mammal monitoring, coding mistakes, electronic database; of the vessel, sea state, ice cover, to be conducted shortly before the navigational, marine physical, field data visibility, and sun glare; and • anticipated start of the seismic survey. sheet; The positions of other vessel(s) in When possible, experienced observers • List of species that might be the vicinity of the observer location. will be paired with inexperienced encountered: identification cues, natural The ship’s position, speed of the observers. The training session(s) will history information; vessel, water depth, sea state, ice cover, • be conducted by qualified marine Use of specialized field equipment visibility, airgun status (ramp up, mammalogists with extensive crew- (reticle binoculars, NVDs, forward- mitigation gun, or full array), and sun leader experience during previous looking infrared (FLIR) system); glare will also be recorded at the start • Reticle binocular distance scale; and end of each observation watch, vessel-based seismic monitoring • programs. Table of wind speed, Beaufort wind every 30 minutes during a watch, and force, and sea state codes; whenever there is a change in any of Primary objectives of the training • include: Data storage and backup those variables. • Review of the marine mammal procedures; Distances to nearby marine mammals • Safety precautions while onboard; will be estimated with binoculars monitoring plan for this project, • including any amendments specified by Crew and/or personnel discord; containing a reticle to measure the NMFS in the IHA (if issued); conflict resolution among PSOs and vertical angle of the line of sight to the • crew; animal relative to the horizon. Review of marine mammal sighting, • identification, and distance estimation Drug and alcohol policy and testing; Observers may use a laser rangefinder to • Scheduling of cruises and watches; test and improve their abilities for methods using visual aids; • • Review of operation of specialized Communication availability and visually estimating distances to objects equipment (reticle binoculars, night procedures; in the water. However, previous • List of field gear that will be vision devices (NVDs), and GPS experience has shown that a Class 1 eye- provided; safe device was not able to measure system); • • Review of, and classroom practice Suggested list of personal items to distances to seals more than about 70 m with, data recording and data entry pack; (230 ft) away. The device was very • Suggested literature, or literature systems, including procedures for useful in improving the distance cited; and recording data on marine mammal estimation abilities of the observers at • Copies of the NMFS IHA and sightings, monitoring operations, distances up to about 600 m (1,968 ft), USFWS LOA when available. environmental conditions, and entry the maximum range at which the device error control. These procedures will be (2) Monitoring Methodology could measure distances to highly reflective objects such as other vessels. implemented through use of a A. General Monitoring Methodology customized computer database and Humans observing objects of more-or- laptop computers; The observer(s) will watch for marine less known size via a standard • Review of the specific tasks of the mammals from the best available observation protocol, in this case from Inupiat Communicator; and vantage point on the survey vessels, a standard height above water, quickly • Exam to ensure all observers can typically the bridge. The observer(s) will become able to estimate distances correctly identify marine mammals and scan systematically with the unaided within about ±20% when given record sightings. eye and 7×50 reticle binoculars, immediate feedback about actual supplemented during good visibility distances during training. C. PSO Handbook conditions with 20×60 image-stabilized When a marine mammal is seen A PSOs’ Handbook will be prepared Zeiss Binoculars or Fujinon 25×150 within the exclusion zone applicable to for ION’s monitoring program. ‘‘Big-eye’’ binoculars, a thermal imaging that species, the geophysical crew will Handbooks contain maps, illustrations, (FLIR) camera, and night-vision be notified immediately so that and photographs, as well as text, and are equipment when needed (see below). mitigation measures required by the intended to provide guidance and Personnel on the bridge will assist the IHA (if issued) can be implemented. It reference information to trained marine mammal observer(s) in watching is expected that the airgun array will be individuals who will participate as for marine mammals. shut down within several seconds, often PSOs. The following topics will be Information to be recorded by before the next shot would be fired, and covered in the PSO Handbook for the observers will include the same types of almost always before more than one ION project: information that were recorded during additional shot is fired. The protected • Summary overview descriptions of recent monitoring programs associated species observer will then maintain a the project, marine mammals and with Industry activity in the Arctic (e.g., watch to determine when the underwater noise, the marine mammal Ireland et al., 2009). When a mammal mammal(s) appear to be outside the monitoring program (vessel-based, sighting is made, the following exclusion zone such that airgun aerial, acoustic measurements), the information about the sighting will be operations can resume. NMFS’ IHA (if issued) and other recorded: ION will provide or arrange for the regulations/permits/agencies, the • Species, group size, age/size/sex following specialized field equipment Marine Mammal Protection Act; categories (if determinable), behavior for use by the onboard PSOs: 7 × 50

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reticle binoculars, Big-eye binoculars or search methods described below. If methodologies to estimate marine high power image-stabilized binoculars, a second PSO is on watch, they will mammal densities in the survey area. GPS unit, laptop computers, night scan the same area as the FLIR Method II: Set the horizontal tilt of vision binoculars, digital still and using the NVDs for comparison. the camera to an angle that provides an possibly digital video cameras in The two PSOs will coordinate what adequate view out in front of the vessel addition to the above mentioned FLIR area is currently being scanned. (similar or identical to the above), and camera system (see below). • The IR–PSO should rotate between then set the camera at a fixed position the search methods (see below) that creates a swath of view off the bow B. Monitoring At Night and In Poor every 30 minutes in the suggested and to one side of the vessel (see Figure Visibility routine (see below): 1 of ION’s monitoring plan). This Night-vision equipment (Generation 3 Æ 00:00–00:30: Method I method essentially establishes a fixed- binocular image intensifiers, or Æ 00:30–01:00: Method II, Port side strip width that is intended to produce equivalent units) will be available for Æ 01:00–01:30: Method I sightings data that can be analyzed Æ use when/if needed. Past experience 01:30–02:00: Method II, Starboard using strip-transect methodologies to with NVDs in the Beaufort Sea and side estimate marine mammal densities. elsewhere has indicated that NVDs are B. (2) FLIR Search Methods not nearly as effective as visual B. (3) NVD Methods observation during daylight hours (e.g., The FLIR system consists of a camera The NVDs are goggles worn by the Harris et al., 1997, 1998; Moulton and that will be mounted on high point in observer and are to be used in a similar Lawson, 2002). A FLIR camera system front of the vessel. The camera is fashion as binoculars. When observing mounted on a high point near the bow connected to a joystick control unit in conjunction with the FLIR system, of the icebreaker will also be available (JCU) and a display monitor that will be the objective will be to replicate the to assist with detecting the presence of located on the bridge of the vessel. The monitoring methodology being seals and polar bears on ice and, IR–PSO will manually control the view employed by the FLIR system. Method perhaps also in the water, ahead of the that is displayed by adjusting the pan I requires a full 180° scan (or as large ° ¥ ° airgun array. The FLIR system detects (360 continuous pan) and tilt (+/ 90 of a range as possible from the thermal contrasts and its ability to sense tilt) settings using the JCU. The FLIR observer’s location) with the NVDs, and these differences is not dependent on manufacturer has indicated that they Method II requires a focused scan of the daylight. have tested the FLIR unit (model ∼60° swath being monitored by the FLIR Additional details regarding the M626L) to ¥25 °C (¥13 °F), but expect system. monitoring protocol during NVD and that it will operate at colder FLIR system use has been developed in temperatures. During the time of the C. Field Data-Recording, Verification, order to collect data in a standardized proposed seismic survey, the average Handling, and Security manner such that the effectiveness of minimum temperatures at Prudhoe Bay The observers will record their the two devices can be analyzed and in October and November are +10 °F observations onto datasheets or directly compared. and ¥10 °F, respectively. Colder into handheld computers. During temperatures are certainly likely at periods between watches and periods B. (1) FLIR and NVD Monitoring times, but overall the temperatures when operations are suspended, those The infrared system is able to detect should generally be within the data will be entered into a laptop differences in the surface temperature of operational range of the equipment. computer running a custom computer objects making it potentially useful As noted above, two different search database. The accuracy of the data entry during both daylight and darkness methods will be implemented for FLIR will be verified in the field by periods. NVDs, or light intensifiers, monitoring and results from the two computerized validity checks as the amplify low levels of ambient light from will be compared. The first method data are entered, and by subsequent moonlight or sky glow light in order to involves a back-and-forth panning manual checking of the database provide an image to the user. Both motion and the second utilizes the FLIR printouts. These procedures will allow technologies have the potential to unit focused on a fixed swath ahead and initial summaries of data to be prepared improve monitoring and mitigation to one side of the vessel track: during and shortly after the field season, efforts in darkness. However, they Method I: Set the horizontal tilt of the and will facilitate transfer of the data to remain relatively unproven in regards to camera to an angle that provides an statistical, graphical or other programs their effectiveness under the conditions adequate view out in front of the vessel for further processing. Quality control of and it the manner of use planned for and also provides good resolution to the data will be facilitated by (1) the this survey. The protocols for FLIR and potential targets (this will likely mean start-of-season training session, (2) NVD use and data collection described that the lower portion of the view subsequent supervision by the onboard below are intended to collect the displayed on the monitor is of an area field crew leader, and (3) ongoing data necessary data in order to evaluate the relatively close to the vessel (<100 m checks during the field season. ability of these technologies to aid in the [328 ft]) while the middle and upper The data will be backed up regularly detection of marine mammals from a portions of the view are at greater onto CDs and/or USB disks, and stored vessel. distances (500–2,000 m [1,640–6,562 at separate locations on the vessel. If • All PSOs will monitor for marine ft]). Pan back and forth across the possible, data sheets will be mammals according to the forward 180° of the vessels heading at photocopied daily during the field procedures outlined in the PSO a slow-scanning rate of approximately season. Data will be secured further by handbook. 1–2°/sec, as one would with binoculars. having data sheets and backup data CDs • One PSO will be responsible for This method is intended to replicate the carried back to the Anchorage office monitoring the FLIR system (IR– type of observations conducted using during crew rotations. PSO) during most darkness and binoculars and cover a relatively wider In addition to routine PSO duties, twilight periods. The on-duty IR– swatch compared to Method II. It should observers will use Traditional PSO will monitor the IR display produce sightings data that can be Knowledge and Natural History and alternate between the two analyzed using line-transect datasheets to record observations that

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are not captured by the sighting or effort Comparison of NVD and FLIR sighting possible after recovery of the data. Copies of these records will be rates will allow for a comparison of equipment. The primary area of concern available to observers for reference if marine mammal detection ability of the will be the 190 and 180 dB re 1 mPa they wish to prepare a statement about two methods. However, results and (rms) exclusion zones for pinnipeds and their observations. If prepared, this analyses could be limited if relatively cetaceans, respectively, and the 160 dB statement would be included in the 90- few sightings are recorded during the re 1 mPa Level B harassment (for day and final reports documenting the survey. impulsive sources) radii. In addition to monitoring work. reporting the radii of specific regulatory (3) Acoustic Monitoring Plan D. Effort and Sightings Data Collection concern, nominal distances to other A. Sound Source Measurements Methods sound isopleths down to 120 dB re 1 As described above, received sound mPa (rms) will be reported in increments Observation effort data will be levels were modeled for the full 26 of 10 dB. designed to capture the amount of PSO airgun, 4,450 in3 array in relation to Data will be previewed in the field effort itself, environmental conditions distance and direction from the source immediately after download from the that impact an observer’s ability to (Zykov et al., 2010). These modeled hydrophone instruments. An initial detect marine mammals, and the distances will be used as temporary sound source analysis will be supplied equipment and method of monitoring exclusion zones until measurements of to NMFS and the airgun operators being employed. These data will be the airgun sound source are conducted. within 120 hours of completion of the collected every 30 minutes or when an The measurements will be made at the measurements. The report will indicate effort variable changes (e.g., change in beginning of the field season, and the the distances to sound levels based on the equipment or method being used to measured radii will be used for the fits of empirical transmission loss monitor, on/off-signing PSO, etc.), and remainder of the survey period. An formulae to data in the endfire and will be linked to sightings data. Effort acoustics contractor with experience in broadside directions. A more detailed and sightings data forms are the same the Arctic conducting similar report will be issued to NMFS as part of forms used during other marine measurements in recent years will use the 90-day report following completion mammal monitoring in the open water their equipment to record and analyze of the acoustic program. season, but additional fields have been the underwater sounds and write the included to capture information specific B. Seismic Hydrophone Streamer summary reports as described below. to monitoring in darkness and to more Recordings of Vessel Sounds The objectives of the sound source accurately describe the observation measurements planned for 2012 in the Although some measurements of conditions. The additional fields Beaufort Sea will be (1) to measure the icebreaking sounds have previously include the following. been reported, acoustic data on vessels • Observation Method: FLIR, NVD, distances in potentially ice covered traveling through relatively light ice spotlight, eye (naked eye or regular waters in the broadside and endfire conditions, as will be the case during binoculars), or multiple methods. This directions at which broadband received the proposed survey, are not available. data is collected every 30 minutes with levels reach 190, 180, 170, 160, and 120 m In order to gather additional information the Observer Effort form and with every dB re 1 Pa (rms) for the energy source on the sounds produced by this type of sighting. array combinations that may be used • Cloud Cover: Percentage. This can during the survey activities, and (2) icebreaking, ION proposes to use the impact lighting conditions and measure the sounds produced by the hydrophones in the seismic streamer on reflectivity. icebreaker and seismic vessel as they a routine basis throughout the survey. • Precipitation Type: Fog, rain, snow, travel through sea ice. Conducting the Once every hour the airguns would not or none. sound source and vessel measurements be fired at 2 consecutive intervals (one ∼ • Precipitation Reduced Visibility: in ice-covered waters using bottom seismic pulse interval is typically 18 ∼ Confirms whether or not visibility is founded recorders creates a risk of not seconds, so there will be 54 seconds reduced due to precipitation. This will being able to retrieve the recorders and between seismic pulses at this time) and be compared to the visibility distance (# analyze the data until the following instead a period of background sounds km) to determine when visibility is year. If the acoustic recorders are not would be recorded, including the reduced due to lighting conditions deployed or are unable to be recovered sounds generated by the vessels. Over versus precipitation. because of too much sea ice, ION will the course of the survey this should • Daylight Amount: Daylight, use measurements of the same airgun generate as many as 750 records of twilight, dark. The addition of the source taken in the Canadian Beaufort vessel sounds traveling through various twilight field has been included to Sea in 2010, along with sound velocity ice conditions (from open water to record observation periods where the measurements taken in the Alaskan 100% cover juvenile first year ice or sun has set and observation distances Beaufort Sea at the start of the 2012 lighter multi-year ice). The acoustic data may be reduced due to lack of light. survey to update the propagation model during each sampling period from each • Light Intensity: Recorded in and estimate new exclusion zones. hydrophone along the 9 km (5.6 mi) footcandles (fc) using an incident light These modeled results will then be used streamer would be analyzed and used to meter. This procedure was added to for mitigation purposes during the estimate the propagation loss of the quantify the available light during remainder of the survey. vessel sounds. The acoustic data twilight and darkness periods and may The airgun configurations measured received from the hydrophone streamer allow for light-intensity bins to be used will include at least the full 26 airgun would be recorded at an effective during analysis. array and the single 70 in3 mitigation bandwidth of 0–400 Hz. In order to Analysis of the sightings data will airgun that will be used during power estimate sound energy over a larger include comparisons of nighttime (FLIR downs. The measurements of airgun range of frequencies (broadband), results and NVD) sighting rates to daylight array sounds will be made by an from previous measurements of sighting rates. FLIR and NVD analysis acoustics contractor at the beginning of icebreakers could be generalized and will be independent of each other and the survey and the distances to the added to the data collected during this according to method (I or II) used. various radii will be reported as soon as project.

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C. Over-winter Acoustic Recorders schedule a workshop to review the (3) Are there techniques not proposed In order to collect additional data on plan’’ (50 CFR 216.108(d)). by the applicant, or modifications to the the propagation of sounds produced by NMFS convened independent peer techniques proposed by the applicant, icebreaking and seismic airguns in ice- review panels to review ION’s that should be considered for inclusion covered waters, as well as on vocalizing mitigation and monitoring plan in its in the applicant’s monitoring program to marine mammals, ION intends to IHA applications submitted in 2010 and better accomplish the goals stated above? collaborate with other Industry 2011 for taking marine mammals (4) What is the best way for an operators to deploy acoustic recorders incidental to the proposed seismic applicant to present their data and in the Alaskan Beaufort Sea in fall 2012, survey in the Beaufort and Chukchi Seas, during 2010 and 2011. The panels results (formatting, metrics, graphics, to be retrieved during the 2013 open- etc.) in the required reports that are to water season. met on March 25 and 26, 2010, and on March 9, 2011, and provided their final be submitted to NMFS? During winter 2011–2012, AURAL In 2010, the panel members provided acoustic recorders were deployed at or report to NMFS on April 22, 2010 and on April 27, 2011, respectively. The full general recommendations that were near each of the 5 acoustic array sites applicable to all monitoring plans from established by Shell for monitoring the panel reports can be viewed at: http:// www.nmfs.noaa.gov/pr/permits/ all seismic activities during that year in fall bowhead whale migration through section 3 of the report and the Beaufort Sea, as well as one site near incidental.htm#applications. ION’s proposed 2012 action is recommendations that were specific to the shelf break in the central Alaskan ION’s in-ice seismic survey 4MP in Beaufort Sea. These recorders will be essentially the same as described in its 2010 and 2011 IHA applications. NMFS section 4.1. retrieved in July 2012, when Shell In 2011, the panel members provided deploys Directional Autonomous worked with ION in 2010 and 2011 to address the peer review panels’ general recommendations that were Seafloor Acoustic Recorders (DASARs) applicable to all monitoring plans from at 5 array locations. When the DASAR recommendations on its 2010 and 2011 4MPs. Since ION’s 2012 4MP addressed all seismic activities during that year in arrays are retrieved in early October, section 4 of the report and ION intends to coordinate with Shell to all issues raised during the 2010 and 2011 peer reviews and incorporated all recommendations that were specific to re-deploy the 6 AURAL recorders to the ION’s in-ice seismic survey 4MP in same locations used during the 2011– of NMFS’ requested changes, no peer- review of ION’s 2012 4MP was section 5.2. 2012 winter. Redeploying the recorders NMFS reviewed the reports and conducted. in the same locations will provide evaluated all recommendations made by In 2010, NMFS provided the panel comparable data from a year with little the panel. NMFS determined that there with ION’s 4MP and asked the panel to to no offshore industrial activity (2011) were several measures that ION could address the following questions and to a year with more offshore industrial incorporate into its 2012 in-ice seismic issues for ION’s plan: activity (2012). Acoustic data from the survey monitoring plan. Additionally, (1) The monitoring program should over-winter recorders will be analyzed there were other recommendations that document the effects (including to address the following objectives: NMFS has determined would also result acoustic) on marine mammals and • Characterize the sounds and in better data collection, and could document or estimate the actual level of propagation distances produced by potentially be implemented by oil and take as a result of the activity. Does the ION’s source vessel, icebreaker, and gas industry applicants, but which monitoring plan meet this goal? airguns on and to the edge of the U.S. likely could not be implemented for the (2) Ensure that the monitoring Beaufort Sea shelf, 2012 in-ice season due to technical • activities and methods described in the Characterize ambient sounds and issues (see below). While it may not be plan will enable the applicant to meet marine mammal calls during October possible to implement those changes the requirements listed in (1) above; and November to assess the relative this year, NMFS believes that they are effect of ION’s seismic survey on the (3) Are the applicant’s objectives worthwhile and appropriate suggestions background conditions, and to achievable based on the methods that may require additional technology characterize marine mammal calling described in the plan? advancement for them to be behavior, and (4) Are the applicant’s objectives the implemented, and ION should consider • Characterize ambient sound and most useful for understanding impacts incorporating them into future enumerate marine mammal calls on marine mammals? monitoring plans should ION decide to through acoustic sampling of the (5) Should the applicant consider apply for IHAs in the future. environment form December 2012 additional monitoring methods or The following subsections lay out through July 2013, when little or no modifications of proposed monitoring measures from the panel reports that anthropogenic sounds are expected. methods for the proposed activity? and NMFS recommended for (6) What is the best way for an Monitoring Plan Peer Review implementation as part of the 2012 in- applicant to report their data and results ice seismic survey by ION and those The MMPA requires that monitoring to NMFS? that are recommended for future plans be independently peer reviewed In 2011, NMFS revised its guidance to programs. ‘‘where the proposed activity may affect the peer review panel and asked the the availability of a species or stock for panel to focus on more specific Recommendations for Inclusion in the taking for subsistence uses’’ (16 U.S.C. questions: 2012 4MP and IHA 1371(a)(5)(D)(ii)(III)). Regarding this (1) Are the applicant’s stated Section 3.3 of the 2010 panel report requirement, NMFS’ implementing objectives the most useful for contains several recommendations regulations state, ‘‘Upon receipt of a understanding impacts on marine regarding PSOs, which were also complete monitoring plan, and at its mammals and otherwise accomplishing included in a general list in the 2011 discretion, [NMFS] will either submit the goals stated in the paragraph above? panel report. NMFS agreed that ION the plan to members of a peer review (2) Are the applicant’s stated should incorporate these measures: panel for review or within 60 days of objectives able to be achieved based on • Observers should be trained using receipt of the proposed monitoring plan, the methods described in the plan? visual aids (e.g., videos, photos), to help

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them identify the species that they are and report their observations during any integration with data from other likely to encounter in the conditions ramp-up period. NMFS also supports companies. under which the animals will likely be the inclusion of specific studies using • Accommodate specific requests for seen. multiple types of monitoring (visual, raw data, including tracks of all vessels • Observers should understand the acoustic, tagging) to evaluate how and aircraft associated with the importance of classifying marine marine mammals respond to increasing operation and activity logs documenting mammals as ‘‘unknown’’ or received sound levels. Such information when and what types of sounds are ‘‘unidentified’’ if they cannot identify should provide useful evidence as to introduced into the environment by the the animals to species with confidence. whether ramp-up procedures are an operation. In those cases, they should note any effective form of mitigation. NMFS spoke with ION about the information that might aid in the In the same section of the 2010 report, inclusion of these recommendations identification of the marine mammal panelists recommend collecting data to into the 2012 4MP and IHA. ION sighted. For example, for an evaluate the efficacy of using FLIR vs. indicated to NMFS that they will unidentified mysticete whale, the night-vision binoculars. The panelists incorporate these recommendations into observers should record whether the note that while both of these devices the 4MP, and NMFS will make several animal had a dorsal fin. may increase detection capabilities by • of these recommendations requirements Observers should attempt to PSOs of marine mammals, the reliability in any issued IHA. maximize the time spent looking at the of these technologies should be tested Section 4.3 of the 2011 report water and guarding the exclusion zones. under appropriate conditions and their contains several recommendations They should avoid the tendency to efficacy evaluated. NMFS recommends regarding PSOs. NMFS agreed that the spend too much time evaluating animal that ION design a study using both FLIR following measures should be behavior or entering data on forms, both and night-vision binoculars and collect incorporated into the 2012 4MP. of which detract from their primary data on levels of detection of marine • PSOs record additional details purpose of monitoring the exclusion mammals using each type of device. about unidentified marine mammal Among other things, Section 3.5 of the zone. sightings, such as ‘‘blow only’’, • ‘Big eye’ binoculars (e.g., 25 x 150 2010 panel report recommends mysticete with (or without) a dorsal fin, power) should be used from high recording visibility data because of the ‘‘seal splash’’, etc. That information perches on large, stable platforms. They concern that the line-of-sight distance should also be included in 90-day and are most useful for monitoring impact for observing marine mammals is final reports. zones that extend beyond the effective reduced under certain conditions. PSOs In Section 4.7 of the 2011 panel line of sight. With two or three should ‘‘carefully document visibility report, panelists included a section observers on watch, the use of big eyes during observation periods so that total should be paired with searching by estimates of take can be corrected regarding the need for a more robust and naked eye, the latter allowing visual accordingly’’. comprehensive means of assessing the coverage of nearby areas to detect Section 4.1 of the 2010 panel report collective or cumulative impact of many marine mammals. When a single contained recommendations specific to of the varied human activities that observer is on duty, the observer should ION’s 2010 2D marine seismic survey contribute noise into the Arctic follow a regular schedule of shifting monitoring plan, which were also environment. Specifically, for data between searching by naked-eye, low- relevant to ION’s 2012 4MP. NMFS analysis and integration, the panelists power binoculars, and big-eye worked with ION and decided that some recommended, and NMFS agrees, that binoculars based on the activity, the of the measures presented in this the following recommendations be incorporated into the 2012 program: environmental conditions, and the section of the report, such as supporting • marine mammals of concern. overwintering buoy studies and To better assess impacts to marine • Observers should use the best coordinating in conducting tagging mammals, data analysis should be possible positions for observing (e.g., studies using satellite linked telemetry, separated into periods when a seismic outside and as high on the vessel as were not ready for ION’s to implement airgun array (or a single mitigation possible), taking into account weather for its 2010 season operations, but are airgun) is operating and when it is not. and other working conditions. feasible for its 2012 season as ION has Final and comprehensive reports to • Whenever possible, new observers worked to make the necessary NMFS should summarize and plot: Æ should be paired with experienced preparations over the past two years. In Data for periods when a seismic observers to avoid situations where lack addition, the following array is active and when it is not; and Æ of experience impairs the quality of recommendations will also be The respective predicted received observations. If there are Alaska Native implemented for the 2012 season: sound conditions over fairly large areas MMOs, the MMO training that is • Conduct sound source verification (tens of km) around operations. conducted prior to the start of the measurements to verify calculated • To help evaluate the effectiveness survey activities should be conducted exclusion zones to account for possible of PSOs and more effectively estimate with both Alaska Native MMOs and sound channels in deeper water. take, reports should include sightability biologist MMOs being trained at the • Summarize observation effort and curves (detection functions) for same time in the same room. There conditions, the number of animals seen distance-based analyses. should not be separate training courses by species, the location and time of each • To better understand the potential for the different MMOs. sighting, position relative to the survey effects of oil and gas activities on In Section 3.4 of the 2010 panel vessel, the company’s activity at the marine mammals and to facilitate report, panelists recommend collecting time, each animal’s response, and any integration among companies and other some additional data to help verify the adjustments made to operating researchers, the following data should utility of the ‘‘ramp-up’’ requirement procedures. Provide all spatial data on be obtained and provided electronically commonly contained in IHAs. To help charts (always including vessel in the final and comprehensive reports: evaluate the utility of ramp-up location). Æ The location and time of each aerial procedures, NMFS recommends that • Make all data available in the report or vessel-based sighting or acoustic observers be required to record, analyze, or (preferably) electronically for detection;

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Æ Position of the sighting or acoustic relative to ION’s proposed activities, the be in the area where the survey is detection relative to ongoing operations expected distribution and gradients in planned also may provide valuable (i.e., distance from sightings to seismic marine mammal distribution, and other information on the location of operation, drilling ship, support ship, existing overwintering recorders. There potentially affected animals and their etc.), if known; are relatively few data on the behavioral responses to industrial Æ The nature of activities at the time distribution and relative abundance of activities. Although the panel (e.g., seismic on/off); marine mammals in the Beaufort Sea recognized that such comprehensive Æ Any identifiable marine mammal during ION’s planned seismic survey. monitoring might be difficult and behavioral response (sighting data • The report should clearly compare expensive, such an effort (or set of should be collected in a manner that authorized takes to the level of actual efforts) reflects the complex nature of will not detract from the PSO’s ability estimated takes. the challenge of conducting reliable, to detect marine mammals); and • Sightability curves (detection comprehensive monitoring for seismic Æ Any adjustments made to operating functions) for PSOs should be provided. or other relatively-intense industrial procedures. In addition, the panelists included a operations that ensonify large areas of In Section 4.9 of the 2011 panel list of general recommendations from ocean.’’ While this particular report, the panelists discussed the 2010 Peer-review Panel Report to be recommendation is not feasible for improving take estimates and statistical implemented by operators in their 2011 implementation in 2012, NMFS inference into effects of the activities. open-water season activities. NMFS recommends that ION consider adding a NMFS agreed that the following agreed that the following tagging component to future seismic measures should be incorporated into recommendations should be survey monitoring plans should ION the 2012 4MP: implemented in ION’s 2012 monitoring decide to conduct such activities in • Reported results from all hypothesis plan (only those not mentioned future years. tests should include estimates of the previously in this document are noted To the extent possible, NMFS associated statistical power. here): recommends implementing the • Estimate and report uncertainty in • Sightings should be entered and recommendation contained in Section all take estimates. Uncertainty could be archived in a way that enables 4.1.6 of the 2010 report: ‘‘Integrate all expressed by the presentation of immediate geospatial depiction to observer data with information from confidence limits, a minimum- facilitate operational awareness and tagging and acoustic studies to provide maximum, posterior probability analysis of risks to marine mammals. a more comprehensive description of distribution, etc.; the exact approach Real-time monitoring is especially the acoustic environment during its would be selected based on the important in areas of seasonal migration survey.’’ However, NMFS recognizes sampling method and data available. or influx of marine mammals. Various that this integration process may take Section 5.2 of the 2011 report software packages for real-time data time to implement. Therefore, ION contained recommendations specific to entry, mapping, and analysis are should begin considering methods for ION’s 2011 2D seismic survey available for this purpose. the integration of the observer data now monitoring plan. Of the • Whenever possible, new observers if ION intends to apply for IHAs in the recommendations presented in this should be paired with experienced future. section, NMFS determined that the observers to avoid situations where lack In Section 4.7 of the 2011 report, the following should be implemented for of experience impairs the quality of panelists stated that advances in the 2012 season: observations. integrating data from multiple platforms • ION should test thermal imaging through the use of standardized data Recommendations for Inclusion in technologies during the proposed formats are needed to increase the Future Monitoring Plans activities. statistical power to assess potential • Airguns should be turned off for Section 3.5 of the 2010 report effects. Therefore, the panelists two shots (i.e., 60 seconds) to provide recommends methods for conducting recommended that industry examine sufficient time to record the background comprehensive monitoring of a large- this issue and jointly propose one or noise associated with the vessels. scale seismic operation. One method for several data integration methods to • ION should deploy overwintering conducting this monitoring NMFS at the Open Water Meeting in acoustic recorders within their survey recommended by panel members is the 2012 (in this case, at the Open Water area during their eastward transit across use of passive acoustic devices. Meeting in 2013, since ION cancelled its the Alaskan Beaufort to the Canadian Additionally, Section 3.2 of the 2010 proposed 2011 operation). NMFS Beaufort Sea early in the summer. The report encourages the use of such concurs with the recommendation and recorders would monitor sounds during systems if aerial surveys will not be encourages ION to collaborate with the summer, the seismic shoot, and over used for real-time mitigation other companies to discuss data the winter. ION should contract monitoring. NMFS acknowledges that integration methods to achieve these someone to return in 2012 (2013 in the there are challenges involved in using efforts and to present the results of those case that the seismic survey is delayed this technology in conjunction with discussions at the 2013 Open Water to 2012) to retrieve the instruments and seismic airguns in this environment, Meeting. analyze the data. These acoustic data especially in real time. However, NMFS would provide some true baseline recommends that ION work to help Other Recommendations in the Report information to compare the occurrence, develop and improve this type of The panel also made several distribution, and behavior of marine technology for use in the Arctic (and use recommendations in 2010, which were mammals at times when ION’s activities it once it is available and effective), as not discussed in the two preceding are occurring and when they are absent. it could be valuable both for real-time subsections. NMFS determined that To accomplish this, ION should present mitigation implementation, as well as many of the recommendations were a plan for an acoustic monitoring for archival data collection. made beyond the bounds of what the program to a NMFS-approved expert for The panelists also recommend adding panel members were tasked to do. For review. The plan should consider the a tagging component to monitoring example, the panel recommended that best placement of the instruments plans. ‘‘Tagging of animals expected to NMFS begin a transition away from

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using a single metric of acoustic (2) Field Reports Depending on the circumstance of the exposure to estimate the potential Throughout the survey program, the incident, ION shall take one of the effects of anthropogenic sound on observers will prepare a report each day following reporting protocols when an marine living resources. This is not a or at such other intervals as the IHA injured or dead marine mammal is recommendation about monitoring but may specify (if issued), or ION may discovered in the vicinity of the action rather addresses a NMFS policy issue. require summarizing the recent results area. NMFS is currently in the process of (a) In the unanticipated event that of the monitoring program. The field revising its acoustic guidelines on a survey operations clearly cause the take reports will summarize the species and national scale. Section 3.7 of the 2010 of a marine mammal in a manner numbers of marine mammals sighted. report contains several prohibited by this Authorization, such These reports will be provided to NMFS recommendations regarding as an injury, serious injury or mortality and to the survey operators. comprehensive ecosystem assessments (e.g., ship-strike, gear interaction, and/or and cumulative impacts. These are (3) Technical Reports entanglement), ION shall immediately good, broad recommendations, however, The results of the vessel-based cease survey operations and the implementation of these monitoring, including estimates of ‘‘take immediately report the incident to the recommendations would not be the by harassment’’, will be presented in the Supervisor of Incidental Take Program, responsibility solely of oil and gas 90-day and final technical reports. Permits and Conservation Division, industry applicants. The Reporting will address the requirements Office of Protected Resources, NMFS, recommendations require the established by NMFS in the IHA (if and the Alaska Regional Stranding cooperation and input of several groups, issued). The technical report will Coordinators. The report must include including Federal, state, and local include: the following information: government agencies, members of other (a) Summaries of monitoring effort: (i) Time, date, and location (latitude/ industries, and members of the total hours, total distances, and longitude) of the incident; scientific research community. NMFS (ii) The name and type of vessel distribution of marine mammals will encourage the industry and others involved; through the study period accounting for to build the relationships and (iii) The vessel’s speed during and sea state and other factors affecting infrastructure necessary to pursue these leading up to the incident; goals, and incorporate these visibility and detectability of marine (iv) Description of the incident; recommendations into future MMPA mammals; (v) Status of all sound source use in authorizations, as appropriate. Section (b) Methods, results, and the 24 hours preceding the incident; 3.8 of the 2010 report makes a interpretation pertaining to all acoustic (vi) Water depth; recommendation regarding data sharing characterization work and vessel-based (vii) Environmental conditions (e.g., and reducing the duplication of seismic monitoring; wind speed and direction, Beaufort sea survey effort. While this is a valid (c) Analyses of the effects of various state, cloud cover, and visibility); recommendation, it does not relate to factors influencing detectability of (viii) Description of marine mammal monitoring or address any of the six marine mammals including sea state, observations in the 24 hours preceding questions which the panel members number of observers, and fog/glare; the incident; were tasked to answer. (d) Species composition, occurrence, (ix) Species identification or For some of the recommendations, and distribution of marine mammal description of the animal(s) involved; NMFS determined that additional sightings including date, water depth, (x) The fate of the animal(s); and clarification was required by the panel numbers, age/size/gender categories, (xi) Photographs or video footage of members before NMFS could determine group sizes, and ice cover; and the animal (if equipment is available). whether or not applicants should (e) Analyses of the effects of survey Activities shall not resume until incorporate them into the monitoring operations: NMFS is able to review the plans. NMFS asked for additional • Sighting rates of marine mammals circumstances of the prohibited take. clarification on some of the during periods with and without airgun NMFS shall work with ION to recommendations regarding data activities (and other variables that could determine what is necessary to collection and take estimate affect detectability); minimize the likelihood of further calculations. In addition, NMFS asked • Initial sighting distances versus prohibited take and ensure MMPA the panel members for clarification on airgun activity state; compliance. ION may not resume their the recommendation contained in • Closest point of approach versus activities until notified by NMFS via Section 3.6 of the 2010 report regarding airgun activity state; letter, email, or telephone. baseline studies. • Observed behaviors and types of (b) In the event that ION discovers an movements versus airgun activity state; injured or dead marine mammal, and Reporting Measures • Numbers of sightings/individuals the lead PSO determines that the cause Reporting seen versus airgun activity state; of the injury or death is unknown and • Distribution around the survey the death is relatively recent (i.e., in less (1) SSV Report vessel versus airgun activity state; and than a moderate state of decomposition A report on the preliminary results of • Estimates of ‘‘take by harassment’’. as described in the next paragraph), ION the acoustic verification measurements, will immediately report the incident to including as a minimum the measured (4) Notification of Injured or Dead the Supervisor of the Incidental Take 190-, 180-, 160-, and 120-dB re 1 mPa Marine Mammals Program, Permits and Conservation (rms) radii of the airgun arrays will be In addition to the reporting measures Division, Office of Protected Resources, submitted within 120 hr after collection proposed by ION, NMFS will require NMFS, and the Alaska Regional and analysis of those measurements at that ION notify NMFS’ Office of Stranding Coordinators. The report must the start of the field season. This report Protected Resources and NMFS’ include the same information identified will specify the distances of the Stranding Network of sighting an above. Activities may continue while exclusion zones that were adopted for injured or dead marine mammal in the NMFS reviews the circumstances of the the marine survey activities. vicinity of marine survey operations. incident. NMFS will work with ION to

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determine whether modifications in the proposed marine survey programs might most cases marine mammals are not activities are appropriate. include one or more of the following: likely to be taken by Level A harassment (c) In the event that ION discovers an tolerance; masking of natural sounds; (injury) when exposed to received levels injured or dead marine mammal, and behavioral disturbance; non-auditory higher than 180 dB for a brief period of the lead PSO determines that the injury physical effects; and, at least in theory, time. or death is not associated with or related temporary or permanent hearing For behavioral harassment, marine to the activities authorized in the IHA impairment (Richardson et al. 1995). As mammals will likely not show strong (if issued) (e.g., previously wounded discussed earlier in this document, the reactions (and in some cases any animal, carcass with moderate to most common impact will likely be reaction) until sounds are much stronger advanced decomposition, or scavenger from behavioral disturbance, including than 160 or 120 dB (for impulse and damage), ION shall report the incident avoidance of the ensonified area or continuous sounds, respectively). to the Supervisor of the Incidental Take changes in speed, direction, and/or Southall et al. (2007) provide a severity Program, Permits and Conservation diving profile of the animal. scale for ranking observed behavioral Division, Office of Protected Resources, NMFS uses the 160 dB and 120 dB re responses of both free-ranging marine NMFS, and the Alaska Regional 1 mPa (rms) isopleths to indicate the mammals and laboratory subjects to Stranding Coordinators, within 24 hours onset of Level B harassment by seismic various types of anthropogenic sound of the discovery. ION shall provide airgun impulses and by icebreaking (see Table 4 in Southall et al. (2007)). photographs or video footage (if noises, respectively. ION provided Tables 7, 9, and 11 in Southall et al. available) or other documentation of the calculations for the 160-dB and 120-dB (2007) outline the numbers of low- stranded animal sighting to NMFS and isopleths produced by these active frequency cetaceans, mid-frequency the Marine Mammal Stranding Network. acoustic sources and then used those cetaceans, and pinnipeds in water, ION can continue its operations under isopleths to estimate takes by respectively, reported as having such a case. harassment. NMFS used the behavioral responses to multi-pulses in calculations to make preliminary 10-dB received level increments. These Estimated Take by Incidental findings under the MMPA. ION tables illustrate that the more severe Harassment provided a full description of the reactions did not occur until sounds Except with respect to certain methodology used to estimate takes by were much higher than 160 dB re 1mPa activities not pertinent here (military harassment in its IHA application (see (rms). readiness activities), the MMPA defines ADDRESSES), which is also described in Anticipated takes would include ‘‘harassment’’ as: any act of pursuit, the following sections. ‘‘takes by harassment’’ involving torment, or annoyance which (i) has the ION has requested an authorization to temporary changes in behavior (Level B potential to injure a marine mammal or take ten marine mammal species by harassment) and TTS (Level B marine mammal stock in the wild [Level Level B harassment. These ten marine harassment). NMFS does not consider A harassment]; or (ii) has the potential mammal species are: beluga whale, injury (Level A harassment) to be likely, to disturb a marine mammal or marine harbor porpoise, bowhead whale, gray however, due to the limited mammal stock in the wild by causing whale, humpback whale, minke whale, effectiveness of monitoring and disruption of behavioral patterns, bearded seal, ringed seal, spotted seal, mitigation measures for animals including, but not limited to, migration, and ribbon seal. However, NMFS does undetected under the ice and/or during breathing, nursing, breeding, feeding, or not anticipate that humpback whales are the long periods of darkness, a small sheltering [Level B harassment]. For the likely to be encountered during the amount of Level A harassment takes are most part, only take by Level B season of ION’s icebreaking seismic also proposed to be authorized. The behavioral harassment is anticipated as survey. Therefore, NMFS determined sections below describe methods used a result of the proposed marine seismic that only nine of the species could be to estimate ‘‘take by harassment’’ and survey. However, due to the limited affected and potentially taken by present estimates of the numbers of effectiveness of marine mammal harassment. In addition, although marine mammals that might be affected monitoring during ice cover and in unlikely, NMFS determined that Level during the proposed seismic survey in darkness, NMFS has preliminarily A takes of beluga whales, bowhead the U.S. Beaufort Sea. The estimates are determined that Level A takes of a few whales, and ringed seals could also based on data obtained during marine individuals of marine mammals could occur, as the proposed monitoring and mammal surveys in the Beaufort Sea occur if the animals remain undetected mitigation measures may not be 100% and on estimates of the sizes of the areas within the exclusion zones for a effective due to ice coverage and long where effects could potentially occur. In prolonged period of time. Although periods of darkness. some cases, these estimates were made NMFS believes this is not very likely, from data collected from regions and NMFS is proposing to authorize limited Basis for Estimating ‘‘Take by habitats that differed from the proposed takes from Level A harassment in order Harassment’’ project area. Adjustments to reported to address the uncertainty regarding the As stated previously, it is current population or density estimates were effectiveness of the proposed NMFS practice to estimate take by Level made on a case by case basis to account monitoring measures in these A harassment for received levels above for differences between the source data conditions. Anticipated impacts to 180 dB re 1mPa (rms) for cetaceans and and the available information on the marine mammals are associated with 190 dB re 1mPa (rms) for pinnipeds, and distribution and abundance of the noise propagation from the seismic take by Level B harassment for all species in the project area. This section airgun(s) and the icebreaking used marine mammals under NMFS provides estimates of the number of during the seismic survey. jurisdiction by impulse sounds at a potential ‘‘exposures’’ to impulsive The full suite of potential impacts to received level above 160 dB re 1mPa sound levels ≥160 dB re 1 mPa (rms), marine mammals was described in (rms) and by non-impulse sounds at a non-pulse sound levels ≥120 dB (rms) detail in the ‘‘Potential Effects of the received level above 120 dB re 1mPa from icebreaking, and also includes Specified Activity on Marine Mammals’’ (rms). However, not all animals are estimates of exposures to ≥180 dB (rms) section found earlier in this document. equally affected by the same received for cetaceans and ≥190 dB (rms) for The potential effects of sound from the noise levels and, as described earlier, in seals.

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Although several systematic surveys Beaufort Sea and north-eastern Chukchi below took account of one or both of of marine mammals have been Sea (west survey area) is not expected these correction factors in reporting conducted in the southern Beaufort Sea to be surveyed until late October densities. When these factors had not during spring and summer, few data through December. been accounted for, the best available (systematic or otherwise) are available Separate densities were calculated for correction factors from similar studies on the distribution and numbers of habitats specific to cetaceans and and/or species were applied to reported marine mammals during the early pinnipeds. For cetaceans, densities were results. Details regarding the application winter period of this survey, estimated for areas of water depth <200 of correction factors are provided below particularly in the northern Beaufort m (656 ft), 200–1,000 m (656–3,281 ft), for each species. Sea. The main sources of distributional and >1,000 m (3,281 ft), which (1) Cetaceans and numerical data used in deriving the approximately correspond to the estimates are described in the next continental shelf, the continental slope, Beluga Whales: Beluga density subsection. There is some uncertainty and the abyssal plain, respectively. estimates were calculated based on about how representative those data are Separate densities of both cetacean and aerial survey data collected in October and the assumptions used below to pinnipeds were also estimated for the in the eastern Alaskan Beaufort Sea by estimate the potential ‘‘take by east and west survey areas within each the NMML (as part of the Bowhead harassment’’. However, the approach water depth category. However, Whale Aerial Survey Project (BWASP) used here is accepted by NMFS as the pinniped densities in the west survey program funded by BOEM) in 2007– best available at this time. The following area and <200 m (656 ft) water depth 2010. They reported 31 sightings of 66 estimates are based on a consideration category were further sub-divided into individual whales during 1,597 km (992 of the number of marine mammals that <35 m (115 ft) and 35–200 m (115–656 mi) of on-transect effort over waters might be disturbed appreciably by ft) depth categories. This was done 200–2,000 m (656–6,562 ft) deep. An ∼7,250 line kilometers (4,505 line miles) because the west survey area is not f(0) value of 2.326 was applied and it of seismic surveys across the Beaufort expected to be surveyed until was calculated using beluga whale Sea and, to a lesser extent, the northern November–December, and based on sightings data collected in the Canadian Chukchi Sea. historic sea ice data (NOAA National Ice Beaufort Sea (Innes et al. 2002). A g(0) Center, available online at value of 0.419 was used that represents Marine Mammal Density Estimates www.natice.noaa.gov), it is expected a combination of ga(0) = 0.55 (Innes et This section describes the estimated that substantial amounts of sea ice, al., 2002) and gd(0) = 0.762 (Harwood et densities of marine mammals that may including shorefast ice, will be present al., 1996). The resulting density occur in the survey area. The area of in the west survey area at that time. Past estimate (0.1169 individuals/km2; Table water that may be ensonified to various studies have found that seal densities in 2 in this document) was applied to areas levels is described below in the section ice-covered areas of the Beaufort Sea are of 200–1,000 m (656 –3,281 ft). There Potential Number of ‘‘Takes by different where water depths are <35 m were 3 sightings of 4 individual beluga Harassment.’’ Although a marine (115 ft) and >35 m (Moulton et al., 2002; whales during 7,482 km (4,649 mi) of mammal may be exposed to icebreaking Frost et al., 2004); therefore, densities on-transect effort over waters 0–200 m sounds >120 dB (rms) or airgun sounds were calculated separately for these (0–656 ft) deep during this same time >160 dB (rms), this does not mean that water depths. The north-eastern period. Using the same f(0) and g(0) it will actually exhibit a disruption of Chukchi Sea is composed of mostly values from above, the resulting density behavioral patterns in response to the continental shelf waters between 30 m estimate for continental shelf waters (0– sound source. Rather, the estimates (98 ft) and 200 m (656 ft) in depth, so 200 m deep) is 0.0015 individuals/km2 provided here are simply the best only a single density estimate for each (Table 2 in this document). The density estimates of the number of animals that marine mammal species was used in estimate for waters >1000 m (3,281 ft) potentially could have a behavioral that area. Since most marine mammals deep was estimated as 40% of the 200– modification due to the noise. However, will be continuing their southerly 1,000 m (656–3,281 ft) density based on not all animals react to sounds at this migration in November and early the relative number of sightings in the low level, and many will not show December, the same density estimates two water depth categories. For all strong reactions (and in some cases any for continental shelf waters in the west water depth and survey area categories, reaction) until sounds are much survey area of the Beaufort Sea were the maximum beluga density estimates stronger. There are several variables that used in the Chukchi Sea. When the represent the mean estimates multiplied determine whether or not an individual seismic survey area is on the edge of the by four to allow for chance encounters animal will exhibit a response to the range of a species at this time of year, with unexpected large groups of animals sound, such as the age of the animal, it is assumed that the average density or overall higher densities than previous exposure to this type of along the seismic trackline will be 10% expected. anthropogenic sound, habituation, etc. (0.10×) the density determined from Beluga density estimates for the west The survey has been designed to available survey data within the main survey area, which is planned to be minimize interactions with marine range. Density estimates for the Chukchi surveyed beginning in November, mammals by planning to conduct the Sea during the period of November– represent the east survey area estimates work at times and in areas where the December were taken from the west multiplied by 0.1 because the Beaufort relative density of marine mammals is survey density estimates at the Sea and north-eastern Chukchi Sea is expected to be quite low. The survey appropriate depth. believed to be at the edge of the species’ will begin in offshore waters (≤1,000 m Detectability bias, quantified in part range in November–December. Belugas [3,281 ft] deep) of the eastern U.S. by f(0), is associated with diminishing typically migrate into the Bering Sea for Beaufort Sea (east survey area) in early sightability with increasing lateral the winter (Allen and Angliss, 2011) October. Weather and ice permitting, distance from the survey trackline. and are not expected to be present in the the waters <1,000 m (3,281 ft) deep will Availability bias, g(0), refers to the fact study area in high numbers in not be surveyed until mid-October and that there is <100% probability of November–December. Satellite tagging thereafter, in order to avoid migrating sighting an animal that is present along data support this and indicate belugas bowhead whales. The western U.S. the survey trackline. Some sources used migrate out of the Beaufort Sea in the

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October–November period (Suydam et in October as bowhead whales migrate At that rate, an individual whale could al., 2005). west out of the Beaufort Sea. The travel across the extent of the east Bowhead Whales: Bowhead whale nearshore lines in the east survey area survey area in four days and across the density estimates were calculated based will be surveyed during late October. entire east-west extent of the survey area on aerial survey data collected in the Bowhead density in the east survey area in ten days, if it did not stop to feed Beaufort Sea as part of the BWASP in waters <200 m (656 ft) deep was during its migration, as bowhead whales program funded by BOEM. The average estimated by taking ten percent of the have been observed to do earlier in the density estimate was based on surveys reference density above (Table 2 in this year (Christie et al., 2010). Also, Miller in October 2007–2010 and the document). This adjustment was based et al. (2002) presented a 10-day moving maximum density estimate was based on data from Miller et al. (2002) that average of bowhead whale abundance in on surveys conducted in October 1997– showed a ∼90% decrease in bowhead the eastern Beaufort Sea using data from 2004. The earlier data were used to whale abundance in the eastern Alaskan 1979–2000 that showed a decrease of calculate the maximum estimate Beaufort Sea from early to late October. ∼90% from early to late October. Based because they include some years of Bowhead whale densities in on these data, it is expected that almost unusually high numbers of bowhead intermediate (200–1,000 m [656–3,281 ≤ all whales that had been in the east sightings in the western Alaskan ft]) and deep ( 1,000 m [3,281 ft]) water survey area during early October would Beaufort Sea at that time of year. The depths in the east survey area are likely have migrated beyond the survey 2007–2010 data included 25 on-transect expected to be quite low. Ninety-seven areas by November–December. In sightings collected during 7,482 km percent of sightings recorded by MMS addition, kernel density estimates and (4,649 mi) of effort over waters 0–200 m aerial surveys 1997–2004 occurred in animal tracklines generated from (0–656 ft) deep in the eastern Alaskan areas of water depth <200 m (656 ft) satellite-tagged bowhead whales, along Beaufort Sea. The 1997–2004 data (Treacy, 1998, 2000, 2002a, 2000b; with acoustic monitoring data, suggest included 147 on-transect sightings of Monnett and Treacy, 2005). Therefore, that few bowhead whales are present in 472 individual whales collected during density estimates for areas of water the proposed survey area in November 20,340 km (12,639 mi) of effort over depth 200–1,000 m (656–3,281 ft) were (near Point Barrow), and no whales waters 0–200 m (0–656 ft) deep in the estimated to be ∼3% of the values for were present in December (ADFG, 2010; eastern Alaskan Beaufort Sea. An f(0) areas with depth <200 m (656 ft). This Moore et al., 2010). Therefore, density correction factor of 2.33 used in the is further supported by Mate et al. estimates for the <200 m (656 ft) and density calculation was the result of a (2000), who found that 87% of locations 200–1,000 m (656–3,281 ft) water depth weighted average of the f(0) values from satellite-tagged bowhead whales categories in the west survey area were applied to each of the flights occurred in areas of water depth <100 (Richardson and Thomson, 2002). The m (328 ft). In areas with water depth estimated to be one tenth of those multiplication of ga(0) = 0.144 and gd(0) >1,000 m (3,281 ft), ∼4,225 km (2,625 estimates for the east survey area. Minimal density estimates (0.0001 = 0.505 correction factors reported in mi) of aerial survey effort occurred 2 Richardson and Thomson (2002) gave during October 1997–2004; however no whales/km ) were used for areas of the g(0) value of 0.0727 used in the bowhead sightings were recorded. The water depth >1,000 m (3,281 ft). density calculation. The resulting effort occurred over eight years, so it is Other Cetaceans: Other cetacean density estimates (0.0942 whales/km2 unlikely that this result would have species are not expected to be present in and 0.3719 whales/km2) represent the been influenced by ice cover or another the area at the time of the planned average and maximum densities, single environmental variable that might survey. These species, including respectively for October for areas of have affected whale distribution in a humpback and fin whales, typically <200 m (656 ft) water depth, and are given year. Therefore, a minimal density migrate during autumn and are expected referred to below as the reference estimate (0.0001 whales/km2) was used to be south of the proposed survey area density for bowhead whales. for areas with water depth >1,000 m by the October–December period. Gray Because bowhead whale density is (3,281 ft). whales have been detected near Point typically higher in continental shelf Several sources were used to estimate Barrow during the period of the waters of the Beaufort Sea in early bowhead whale density in the west proposed project, and even throughout October, the survey has been planned to survey area, including the north-eastern the winter (Moore et al., 2006; Stafford start in the eastern U.S. Beaufort Sea in Chukchi Sea, which is expected to be et al., 2007). Authorization for minimal waters deeper than 1,000 m (3,281 ft; ice surveyed beginning in late October or takes of other cetacean species that are conditions permitting), where bowhead early November. Mate et al. (2000) known to occur in the Beaufort Sea density is expected to be much lower. found that satellite-tagged bowhead during the summer have been requested Survey activity in shallower waters will whales in the Beaufort Sea travelled at in case of a chance encounter of a few proceed from east to west starting later an average rate of 88 km (55 mi) per day. remaining individuals.

TABLE 2—EXPECTED DENSITIES OF CETACEANS IN THE ARCTIC OCEAN IN OCTOBER–DECEMBER BY WATER DEPTH AND SURVEY AREA

Species <200 m 200–1,000 m >1,000 m

Beaufort East Survey Area: Beluga whale ...... 0.0015 0.1169 0.0468 Harbor porpoise ...... 0.0001 0.0001 0.0001 Bowhead whale ...... 0.0094 0.0028 0.0001 Gray whale ...... 0.0001 0.0001 0.0001 Minke whale ...... 0.0001 0.0001 0.0001 Beaufort West Survey Area: Beluga whale ...... 0.0002 0.0117 0.0047 Harbor porpoise ...... 0.0001 0.0001 0.0001 Bowhead whale ...... 0.0009 0.0003 0.0001

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TABLE 2—EXPECTED DENSITIES OF CETACEANS IN THE ARCTIC OCEAN IN OCTOBER–DECEMBER BY WATER DEPTH AND SURVEY AREA—Continued

Species <200 m 200–1,000 m >1,000 m

Gray whale ...... 0.0001 0.0001 0.0001 Minke whale ...... 0.0001 0.0001 0.0001 Chukchi Survey Area: Beluga whale ...... 0.0002 ...... Harbor porpoise ...... 0.0001 ...... Bowhead whale ...... 0.0009 ...... Gray whale ...... 0.0001 ...... Minke whale ...... 0.0001 ......

(2) Pinnipeds possible that ringed seals would occur estimates were highest (1.00–1.33 seals/ 2 In polar regions, most pinnipeds are in those areas, and their presence would km ) in areas of water depth 3–35 m associated with sea ice, and typical likely be associated with ephemeral (10–115 ft), and decreased (0–0.77 seals/ 2 census methods involve counting prey resources. If a relatively warm km ) in water >35 m (115 ft) deep. The pinnipeds when they are hauled out on surface eddy formed that concentrated mean density estimate used for areas ice. In the Beaufort Sea, surveys prey in offshore areas at depths that with water depth <35 m (Table 4 in this typically occur in spring when ringed would be possible for ringed seals to document) was estimated using an seals emerge from their lairs (Frost et al., access, it is possible that seals would be average of the pack ice estimates 2004). Depending on the species and attracted to it. A warm eddy was found modeled by Frost et al. (2004). The study, a correction factor for the in the northern Beaufort Sea in October maximum estimate for the same area is proportion of animals hauled out at any 2002 in an area where water depth was the maximum observed density for areas one time may or may not have been >1,000 m (3,281 ft) (Crawford, 2010), so of water depth 3–35 m (10–115 ft) in applied (depending on whether an it is possible that such an oceanographic Frost et al. (2004). The mean density appropriate correction factor was feature might develop again and attract estimate used for areas with 35–200 m available for the particular species and seals offshore. However, it is unclear (115–656 ft) water depth is the modeled area). By applying a correction factor, whether such a feature would attract value for water depth >35 m (115 ft) the total density of the pinniped species many seals, especially since the marine from Frost et al. (2004). The maximum in an area can be estimated. Only the mammal observers present on the ship estimate is the maximum observed animals in water would be exposed to in 2002 did not observe very many seals density for areas with >35 m (115 ft) the pulsed sounds from the airguns; associated with the offshore eddy. In the water depth in Frost et al. (2004). however, densities that are presented absence of standardized survey data Because ringed seal density tends to generally represent either only the from deep-water areas, but with decrease with increasing water depth animals on the ice or all animals in the available data suggesting densities are (Moulton et al., 2002; Frost et al., 2004), area. Therefore, only a fraction of the likely to be quite low, minimal density ringed seal density was estimated to be pinnipeds present in areas where ice is estimates (0.0001 seals/km2) were used minimal in areas of >200 m (656 ft) present (and of sufficient thickness to in areas where water depth is >1,000 m water depth. support hauled-out animals) would be (3,281 ft). For all water depth categories In the Chukchi Sea, ringed seal exposed to seismic sounds during the in the east survey area, the maximum densities were taken from offshore aerial proposed seismic survey. Individuals ringed seal density was assumed to be surveys of the pack ice zone conducted hauled out on ice in close proximity to the mean estimate multiplied by four to in spring 1999 and 2000 (Bengtson et the vessels are likely to enter the water allow for chance encounters with al., 2005). The average density from as a reaction to the passing vessels, and unexpected large groups of animals or those two years (weighted by survey the proportion that remain on the ice overall higher densities than expected. effort) was 0.4892 seals/km2. This value will likely increase with distance from Habitat zones and associated densities served as the average density while the the vessels. were defined differently in the west highest density from the two years Ringed Seals: Ringed seal density for survey area, which will be surveyed in (0.8100 seals/km2 in 1999) was used as the east survey area for waters <1,000 m November–December, because more ice the maximum density. (3,281 ft) deep was estimated using is expected to be encountered at that Other Seal Species: Other seal species vessel-based data collected in the time than in October (NOAA National are expected to be less frequent in the Beaufort Sea during autumn (Sep–Oct) Ice Center: www.natice.noaa.gov). The study area during the period of this 2006–2008 and reported by Savarese et density estimates for the west survey survey. Bearded and spotted seals al. (2010; Table 3 in this document). area were calculated using aerial survey would be present in the area during Correction factors for sightability and data collected by Frost et al. (2004) in summer, and possibly ribbon seals as availability were used when the authors the Alaskan Beaufort Sea during the well, but they generally migrate into the calculated the estimates, so no further spring. A g(0) correction factor of 0.60 southern Chukchi and Bering seas adjustments were required. For the east from tagging data reported by Bengtson during fall (Allen and Angliss, 2011). survey area for waters >1,000 m (3,281 et al. (2005) was used to adjust all Few satellite-tagging studies have been ft) deep, few data on seal distribution density estimates from Frost et al. conducted on these species in the are available. Harwood et al. (2005) (2004) described below. Seal Beaufort Sea, winter surveys have not recorded a ringed seal sighting in the distribution and density in spring, prior been conducted, and a few bearded Beaufort Sea in an area where water to breakup, are thought to reflect seals have been reported over the depth was >1,000 m (3,281 ft) in distribution patterns established earlier continental shelf in spring prior to September–October 2002 during an in the year (i.e., during the winter general breakup. However, three oceanographic cruise. It is therefore months; Frost et al., 2004). Density bearded seals tracked in 2009 moved

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south into the Bering Sea along the information from the published species, with the estimates for bearded continental shelf by November literature or other sources that would seals assumed to be slightly higher than (Cameron and Boveng, 2009). It is indicate significant numbers of any of those for spotted and ribbon seals possible that some individuals, bearded these species might be present, minimal (Tables 3 and 4 in this document). seals in particular, may be present in the density estimates were used for all areas survey area. In the absence of better and water depth categories for these

TABLE 3—EXPECTED DENSITIES (#/KM2) OF PINNIPEDS IN THE EAST SURVEY AREA OF THE U.S. BEAUFORT SEA IN OCTOBER

Species <200 m 200–1,000 m >1,000 m

Ringed seal ...... 0.0840 0.0840 0.0004 Bearded seal ...... 0.0004 0.0004 0.0004 Spotted seal ...... 0.0001 0.0001 0.0001 Ribbon seal ...... 0.0001 0.0001 0.0001

TABLE 4—EXPECTED DENSITIES (#/KM2) OF PINNIPEDS IN THE BEAUFORT WEST AND CHUKCHI SURVEY AREAS OF THE ARCTIC OCEAN IN NOVEMBER–DECEMBER

Species <35 m 35–200 m >200 m

Beaufort West: Ringed seal ...... 1.9375 1.0000 0.0004 Bearded seal ...... 0.0004 0.0004 0.0004 Spotted seal ...... 0.0001 0.0001 0.0001 Ribbon seal ...... 0.0001 0.0001 0.0001 Chukchi Sea: Ringed seal ...... 0.4892 ...... Bearded seal ...... 0.0004 ...... Spotted seal ...... 0.0001 ...... Ribbon seal ...... 0.0001 ......

Potential Number of Takes by Level B (1) Potential Number of Takes by calculated as described above. For less Behavioral Harassment Seismic Airguns at Received Levels common species, estimates were set to ≥160 dB minimal numbers to allow for chance Numbers of marine mammals that The area of water potentially exposed encounters. Discussion of the number of might be present and potentially taken ≥ potential exposures is summarized by are estimated below based on available to received levels of airgun sounds 160 dB (rms) was calculated by using a GIS species in the following subsections. data about mammal distribution and It is likely that some members of one densities at different locations and times to buffer the planned survey tracklines within each water depth category by the endangered cetacean species (bowhead of the year as described above. associated modeled ≥160 dB (rms) whale) will be exposed to received The number of individuals of each distances. The expected sound sound levels ≥160 dB (rms) unless species potentially exposed to received propagation from the airgun array was bowheads avoid the survey vessel before levels ≥120 dB re 1 mPa (rms) or ≥160 modeled by JASCO Applied Research the received levels reach 160 dB (rms). dB re 1 mPa (rms), depending on the (Zykov et al., 2010) and is expected to However, the late autumn timing and type of activity occurring, within each vary with water depth. Survey the design of the proposed survey will portion of the survey area (east and tracklines falling within the <100 m minimize the number of bowheads and west) and water depth category was (328 ft), 100–1,000 m (328–3,281 ft), and other cetaceans that may be exposed to estimated by multiplying: >1,000 m (3,281 ft) water depth seismic sounds generated by this • The anticipated area to be categories were buffered by distances of survey. The best estimates of the ≥ 27.8 km (17.3 mi), 42.2 km (26.2 mi), number of whales potentially exposed ensonified to 120 dB re 1 mPa (rms) or ≥ ≥160 dB re 1 mPa (rms) in each portion and 31.6 km (19.6 mi), respectively. The to 160 dB (rms) are 282 and 4,315 for of the survey area (east and west) and total area of water that would be bowheads and belugas, respectively water depth category, by exposed to sound >160 dB (rms) on one (Table 5). or more occasions is estimated to be The ringed seal is the most • the expected species density in that 209,752 km2. A breakdown by water widespread and abundant pinniped time and location. depth classes used in association with species in ice-covered arctic waters, and Some of the animals estimated to be density estimates is presented in Table there is a great deal of variation in exposed, particularly migrating 5 in this document and Figure 2 of the estimates of population size and bowhead whales, might show avoidance IHA application. distribution of these marine mammals. reactions before being exposed to ≥160 Based on the operational plans and Ringed seals account for the vast dB re 1 mPa (rms). Thus, these marine mammal densities described majority of marine mammals expected calculations actually estimate the above, the estimates of marine mammals to be encountered, and hence exposed number of individuals potentially potentially exposed to sounds ≥160 dB to airgun sounds with received levels exposed to ≥160 dB (rms) that would (rms) are presented in Table 5 in this >160 dB (rms) during the proposed occur if there were no avoidance of the document. For species likely to be marine survey. It was estimated that area ensonified to that level. present, the requested numbers are ∼60,293 ringed seals may be exposed to

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marine survey sounds with received in the area during the summer months conspicuous (Harris et al., 2001; levels >160 dB (rms) if they do not in case a few individuals are Moulton and Lawson, 2002). Therefore, avoid the sound source. Other pinniped encountered (Table 5 in this document). for seals, the estimates of numbers species are not expected to be present in It should be noted that there is no exposed to ≥160 dB re 1 mPa (rms) the proposed survey area in more than evidence that most seals exposed to greatly exceed the numbers of seals that minimal numbers in October–December; airgun pulses with received levels 160 will actually be disturbed in any major however, ION is requesting dB re 1 mPa (rms) are disturbed or (presumably) biologically significant authorization for a small number of appreciably, and even at a received level manner. harassment ‘‘takes’’ of species that occur of 180 dB (rms) disturbance is not

TABLE 5—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO ≥160 DB RE 1 μPA (RMS) DURING ION’S PROPOSED SEISMIC PROGRAM IN THE BEAUFORT AND CHUKCHI SEAS, OCTOBER–DECEMBER 2012

Water depth Total <200 m 200–1,000 m >1,000 m

Cetaceans

Beluga whale ...... 43 1,195 3,077 4,215 Harbor porpoise ...... 9 2 10 21 Bowhead whale ...... 269 3 10 282 Gray whale ...... 9 2 10 21 Minke whale ...... 9 2 10 21

Pinnipeds (Beaufort East)

<35 m 35–200 m >200 m

Ringed seal ...... 1,794 805 25 2,624 Bearded seal ...... 9 4 25 38 Spotted seal ...... 2 1 6 9 Ribbon seal ...... 2 1 6 9

Pinnipeds (Beaufort West & Chukchi Sea)

Ringed seal ...... 16,969 40,682 18 57,669 Bearded seal ...... 4 25 18 47 Spotted seal ...... 1 6 5 12 Ribbon seal ...... 1 6 5 12

(2) Potential Number of Takes by acoustic intensity, icebreaking sounds If refueling of the Geo Arctic is Icebreaking at Received Levels ≥120 dB may be ≥120 dB out to a maximum required during the survey and the distance of ∼21.6 km (13.4 mi). Thus, all Polar Prince transits to and from As discussed above, based on sounds produced by icebreaking are Canadian waters to acquire additional available information regarding sounds expected to diminish below 120 dB re fuel for itself, an additional ∼200 km produced by icebreaking in various ice 1 mPa within the zone where we assume (124 mi) of transit may occur. Most of regimes and the expected ice conditions mammals will be exposed to ≥160 dB this transit would likely occur through during the proposed survey, vessel (rms) from seismic sounds. Exposures of ice in offshore waters >200 m (656 ft) in sounds generated during ice breaking marine mammals to icebreaking sounds depth. For estimation purposes we have are likely to have source levels between with received levels ≥120 dB would assumed 25% of the transit will occur 175 and 185 dB re 1 mPa-m. As effectively duplicate or ‘‘double-count’’ in 200–1,000 m (656–3,281 ft) of water described above, we have assumed that animals already included in the and the remaining 75% will occur in seismic survey activity will occur along estimates of exposure to strong (≥160 >1,000 m (3,281 ft) of water. This results all of the planned tracklines shown in dB) airgun sounds. The planned survey in an estimated ∼2,160 km2 of water in Figure 1 of ION’s IHA application. lines cover a large extent of the U.S. areas 200–1,000 m (656–3,281 ft) deep Therefore, received levels ≥160 dB Beaufort Sea, and seismic survey and 6,487 km2 in waters >1,000 m radius of 26.7–42.2 km (16.6–26.2 mi; activity along all those lines has been (3,281 ft) deep being ensonified to ≥120 depending on water depth) to each side assumed in the estimation of takes. Any dB by icebreaking sounds. Using the of all of the survey lines was applied for non-seismic periods, when only density estimates for the east survey the calculation. Assuming a source level icebreaking might occur, would area shown in Tables 2 and 3, the of 185 dB re 1 mPa-m and using the therefore result in fewer exposures than estimated exposures of cetaceans and 15logR for calculating spreading loss of estimated from seismic activities. pinnipeds are shown in Table 6 here.

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TABLE 6—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO ≥120 DB RE 1 μPA (RMS) DURING ICEBREAKING ACTIVITIES ASSOCIATED WITH THE PREFERRED ALTERNATIVE FOR REFUELING DURING ION’S PRO- POSED SEISMIC PROGRAM IN THE BEAUFORT SEA, OCTOBER–DECEMBER 2012

Water depth Species Total 200–1,000 m >1,000 m

Beluga whale ...... 253 320 573 Harbor porpoise ...... 0 1 1 Bowhead whale ...... 1 1 2 Gray whale ...... 0 1 1 Minke whale ...... 0 1 1 Ringed seal ...... 181 3 184 Bearded seal ...... 1 3 4 Spotted seal ...... 0 1 1 Ribbon seal ...... 0 1 1

If the Polar Prince cannot return to assumed 25% of the transit will occur dB by icebreaking sounds within each port via Canadian waters, then a transit in 200–1,000 m (656–3,281 ft) of water half of the U.S. Beaufort Sea, for a total of ∼600 km (373 mi) from east to west and the remaining 75% will occur in of 25,920 km2 ensonified across the across the U.S. Beaufort would be >1,000 m (3,281 ft) of water. This results entire U.S. Beaufort Sea. Using the necessary. Again, it is expected that in an estimated ∼3,240 km2 of water in density estimates in Tables 2–3, most of this transit would likely occur areas 200–1,000 m (656–3,281 ft) deep estimated exposures of cetaceans and 2 in offshore waters >200 m (656 ft) in and 9,720 km in waters >1,000 m pinnipeds are shown in Table 7 here. depth. For estimation purposes we have (3,281 ft) deep being ensonified to ≥120

TABLE 7—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO ≥120 DB RE 1 μPA (RMS) DURING ICEBREAKING ACTIVITIES ASSOCIATED WITH THE SECONDARY ALTERNATIVE FOR REFUELING DURING ION’S PRO- POSED SEISMIC PROGRAM IN THE BEAUFORT AND CHUKCHI SEAS, OCTOBER–DECEMBER 2012

Water depth Species Total 200–1,000 m >1,000 m

Beluga whale ...... 417 500 917 Harbor porpoise ...... 0 2 2 Bowhead whale ...... 1 2 3 Gray whale ...... 0 2 2 Minke whale ...... 0 2 2 Ringed seal ...... 273 8 281 Bearded seal ...... 2 8 10 Spotted seal ...... 0 2 2 Ribbon seal ...... 0 2 2

Potential Number of Takes by Level B PTS, which is presumably a Level A ≥180 dB during periods of darkness or TTS and Level A Harassment take. For reasons described here and in areas with extensive ice cover to further below, NMFS and ION do not occur. As noted previously, due to the limited effectiveness of monitoring and anticipate that marine mammals will be Beluga whales have shown avoidance mitigation measures for animals under injured or harmed by the proposed of icebreaking sounds at relatively low ice cover and during long lowlight project. received levels. In the Canadian Arctic, hours, NMFS is proposing to authorize Only two cetacean species, beluga and belugas showed initial avoidance of takes of marine mammals by TTS (Level bowhead, are likely to be present in the icebreaking sounds at received levels B harassment) and PTS (Level A Alaskan Beaufort Sea late in the survey from 94–105 dB in the 20–1,000 Hz harassment or injury) when exposed to period or where extensive ice cover is band, although some animals returned received noise levels above 180 and 190 present. Gray whale vocalizations have to the same location within 1–2 days dB re 1 mPa (rms) for prolonged period, been recorded throughout one winter and tolerated noise levels as high as 120 although this is unlikely to occur. (2003–2004) in the western Alaskan dB in that band (Finley et al., 1990). Therefore, the result of the analysis is Beaufort Sea near Pt. Barrow (Moore et Playback experiments of icebreaker conservative in which animals are al., 2006). However, the presence of gray sounds resulted in 35% of beluga estimated to be affected by receiving whales in October and November in the groups showing avoidance at received TTS or even PTS. Alaskan Beaufort Sea does not appear to levels between 78–84 dB in the 1⁄3- The methods used below for be a regular occurrence or involve a octave band centered at 5,000 Hz, or 8– estimating the number of individuals significant number of animals when it 14 dB above ambient levels (Richardson potentially exposed to sounds >180 or does occur. NMFS therefore does not et al., 1995b). Based on these results, it >190 dB re 1 mPa (rms) should therefore anticipate exposures of cetacean was estimated that reactions by belugas include an additional reduction to species, other than belugas or to an actual icebreaker would likely estimate the number that may incur bowheads, to received sound levels occur at ∼10 km (6.2 mi) under similar

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conditions. Erbe and Farmer (2000) that may be ensonified to ≥180 dB) reported total avoidance of seismic estimated that zones of disturbance from during the proposed project. sounds at received sound levels of 152, icebreaking sounds could extend 19–46 Bowhead whales have shown similar 165, 178, and 165 dB. km (12–28.6 mi) depending on various avoidance of vessel and seismic sounds. The available information factors. Erbe and Farmer (2000) also Less information is available regarding summarized above suggests that estimated that a beluga whale would avoidance of icebreaking sounds; bowhead whales are very likely to avoid have to remain within 2 km (1.2 mi) of however, avoidance of the overall areas where received levels are ≥180 dB an icebreaker backing and ramming for activity was noted during intensive re 1 mPa (rms). Again, making a over 20 min to incur small TTS (4.8 dB), icebreaking around drill sites in the cautionary assumption that as many as and within 120 m for over 30 min to Alaskan Beaufort Sea in 1992. Migrating 10% of bowheads may not avoid the 180 incur more significant TTS (12–18 dB). bowhead whales appeared to avoid the dB zone around the airguns, we Aerial and vessel based monitoring of area of drilling and icebreaking by ∼25 calculate that 6 individuals could be seismic surveys in the central Beaufort km (15.5 mi) (Brewer et al., 1993). Also, exposed to ≥180 dB (based on the Sea showed significant avoidance of monitoring of drilling activities in a densities described above and the area active airguns by belugas. Results of the previous year, during which much less of water that may be ensonified to ≥180 aerial monitoring suggested an area of icebreaking occurred, showed avoidance dB). During seismic surveys in the avoidance out to 10–20 km (6.2–12.4 by migrating bowheads out to ∼20 km Alaskan Beaufort Sea in 2007 and 2008, mi) around an active seismic source (12.4 mi). Therefore, the relative 5 power downs of the full airgun array with higher than expected sighting rates influence of icebreaking versus drilling were made due to sightings of bowhead observed at distances 20–30 km (12.4– sounds is difficult to determine. or unidentified mysticete whales (8 total 18.6 mi) from the source. The nearest Similarly, migrating bowheads individuals) within the ≥180 dB aerial ‘‘transect’’ beluga sighting during strongly avoided the area within ∼20 km exclusion zone. These sightings seismic activity was at a distance of 7.8 (12.4 mi) of nearshore seismic surveys, occurred during >8000 km (4,971 mi) of km (4.8 mi). Only seven beluga sightings and less complete avoidance extended survey effort in good conditions plus were recorded from the survey vessel to ∼30 km (18.6 mi) (Miller et al., 1999). additional effort in poor conditions during the entire study, three of which Only 1 bowhead was observed from the (Savarese et al., 2010), resulting in an occurred during airgun activity. Two of survey vessel during the three seasons estimated 0.625 sightings within the 180 the seismic period sightings were made (1996–1998) when seismic surveys dB distance per 1,000 km (620 mi) of at the beginning of active airgun periods continued into September. Bowheads seismic activity. Even without and the other was during seismic testing not actively engaged in migration have allowance for the reduced densities of a limited number of guns. These shown less avoidance of seismic likely to be encountered in October and sightings occurred at distances between operations. During seismic surveys in especially November, or for the fact that 1.54 km and 2.51 km from the vessel. the Canadian Beaufort Sea in late observers will be on duty during all Similarly, few beluga whales were August and early September bowhead daylight hours and will call for observed near seismic surveys in the whales appeared to avoid an area within mitigation actions if whales are sighted Alaskan Beaufort Sea in 1996–1998 ∼2 km (1.2 mi) of airgun activity (Miller within or near the 180 dB distance, this (Richardson 1999), although the beluga and Davis, 2002) and sightings from the rate would suggest that fewer than 8 migration corridor is typically well survey vessel itself were common bowheads may occur within the ≥180 offshore of where most of the seismic (Miller et al., 2005). Vessel-based dB zone during the proposed survey. survey occurred. Observers on seismic sightings showed a statistically For seals (principally ringed seals), and associated support vessels operating significant difference of ∼600 m (1,969 the proportion exhibiting avoidance is in the Alaskan Beaufort Sea during ft) in the mean sighting distances of lower than for cetaceans, and thus the 2006–2008 seasons reported no beluga bowheads (relative to the survey vessel) received level at which avoidance sightings during seismic or non-seismic between periods with and without becomes evident is higher. However, periods, suggesting avoidance of both airgun activity. This, along with some survey results have shown a seismic and vessel sounds (Savarese et significantly lower sighting rates of statistically significant avoidance of the al., 2010). No mitigation measures bowhead whales during periods of 190 dB re 1 mPa (rms) zone, and an during seismic operations (power down airgun activity, suggests that bowheads assumption that numbers exposed to or shut down of airgun arrays) have still avoided close approach to the area ≥190 dB could be calculated from ‘‘non- been required as a result of beluga of seismic operation (Miller and Davis, seismic’’ density data is not sightings during surveys in the Chukchi 2002). Results from vessel-based and inappropriate. Using similar reasoning or Beaufort seas in 2006–2009 (Ireland aerial monitoring in the Alaskan as described above for cetaceans, we et al., 2007a, 2007b; Patterson et al., Beaufort Sea during 2006–2008 were have limited these estimates to ringed 2007, Funk et al., 2008, Ireland et al., similar to those described above (Funk seals as the presence of other pinniped 2009b, Reiser et al., 2010). et al., 2010). Sighting rates from seismic species is very unlikely during the times Based on the reported avoidance of vessels were significantly lower during and locations when exposures to ≥190 vessel, icebreaking, and seismic sounds airgun activity than during non-seismic dB may have an increased likelihood of by beluga whales, and the low and periods. Support vessels reported 12 occurrence. seasonally decreasing density during the sightings of bowhead whales in areas Monitoring work in the Alaskan time of the proposed survey, the where received levels from seismic were Beaufort Sea during 1996–2001 likelihood of beluga whales occurring ≥160 dB (Savarese et al., 2010). Aerial provided considerable information within the ≥180 dB zone during the surveys reported bowhead whales regarding the behavior of seals exposed proposed project is extremely low. A feeding in areas where received levels of to seismic pulses (Harris et al., 2001; cautionary estimate that assumes 10% seismic sounds were up to 160 dB. Moulton and Lawson, 2002). The of belugas will show no avoidance of Bowheads were not observed in combined results suggest that some the 180 dB zone results in an estimate locations with higher received levels seals avoid the immediate area around of 23 beluga whales exposed to sounds (Christie et al., 2010). Based on four seismic vessels. In most survey years, ≥180 dB (based on the densities direct approach experiments in northern ringed seal sightings averaged somewhat described above and the area of water Alaskan waters, Ljungblad et al. (1988) farther away from the seismic vessel

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when the airguns were operating than (for beluga and bowhead whales) and represent 24.33%, 0.04%, 0.04%, and when they were not (Moulton and 190 dB re 1 mPa (for ringed seals) do not 0.05% of Alaska stocks of ringed, Lawson, 2002). Also, seal sighting rates vacate the area, and subsequent bearded, spotted, and ribbon seals. If at the water surface were lower during exposure leads to some degree of PTS, ION selects the preferred alternative for airgun array operations than during no- then approximately 3 beluga whales, 1 refueling, the estimated takes for ringed, airgun periods in each survey year bowhead whale, and 4 ringed seals bearded, spotted, and ribbon seals except 1997. However, the avoidance could be taken by Level A harassment. would drop to 60,477, 89, 22, and 22, movements were relatively small, on the However, NMFS considers this estimate respectively, which in turn represent order of 100 m (328 ft) to (at most) a few to be very conservative as explained 24.29%, 0.04%, 0.04%, 0.04% of Alaska hundreds of meters, and many seals above. stocks of these species. remained within 100–200 m (328–656 Estimated Take Conclusions Negligible Impact and Small Numbers ft) of the trackline as the operating Analysis and Preliminary airgun array passed by. Cetaceans—Effects on cetaceans are During more recent seismic surveys in generally expected to be restricted to Determination the Arctic (2006–2009), Reiser et al. avoidance of an area around the seismic NMFS has defined ‘‘negligible (2009) also reported a tendency for survey and short-term changes in impact’’ in 50 CFR 216.103 as ‘‘ * * * localized avoidance of areas behavior, falling within the MMPA an impact resulting from the specified immediately around the seismic source definition of ‘‘Level B harassment,’’ and activity that cannot be reasonably vessel along with coincident increased possibly mild TTS or PTS (which would expected to, and is not reasonably likely sighting rates at support vessels be considered ‘‘Level A harassment’’), to, adversely affect the species or stock operating 1–2 km (0.62–1.2 mi) away. though not very likely. through effects on annual rates of However, pinnipeds were sighted Using the 160 dB (for pulse) and 120 recruitment or survival.’’ In making a within the 190 dB zone around the dB (for non-pulse) criteria, the average negligible impact determination, NMFS operating airguns more frequently than estimates of the numbers of individual considers a variety of factors, including were cetaceans within the 180 dB zone. cetaceans exposed to sounds ≥160 dB but not limited to: (1) The number of Assuming that 25% of the ringed seals and 120 dB re 1 mPa (rms) represent anticipated mortalities; (2) the number encountered may not avoid the 190 dB varying proportions of the populations and nature of anticipated injuries; (3) zone as the airguns approach, we of each species in the Beaufort Sea and the number, nature, intensity, and calculate that ∼277 individuals could be adjacent waters. For species listed as duration of Level B harassment; and (4) exposed to ≥190 dB (based on the ‘‘Endangered’’ under the ESA, the the context in which the takes occur. densities described above and the area estimates include approximately 284 Most of the takes from ION’s proposed of water that may be ensonified to ≥190 bowheads. This number is icebreaking seismic surveys are dB). As an alternative estimate, during approximately 1.86% of the Bering- expected to be Level B behavioral the same >8,000 km (4,971 mi) of Chukchi-Beaufort population of >15,233 harassment. It is possible, however, that monitoring effort in the Alaskan assuming 3.4% annual population TTS (Level B harassment) and even PTS Beaufort Sea reported above regarding growth from the 2001 estimate of (Level A harassment) could occur if bowhead whales, 42 observations of >10,545 animals (Zeh and Punt 2005). monitoring measures are not effective seals within the 190 dB zone caused For other cetaceans that might occur in due to extensive ice coverage and power downs of the airguns. This was the vicinity of the marine seismic prolonged periods of darkness. ∼5.25 power downs per 1,000 km (620 survey in the Chukchi Sea, they also Although it is possible that some mi) of seismic survey effort. Even represent a very small proportion of individual marine mammals may be without allowance for the reduced their respective populations. The exposed to sounds from marine survey densities of seals likely to be average estimates of the number of activities more than once, this is not encountered in October–November or beluga whales, harbor porpoises, gray expected to happen extensively since for the fact that observers will be on whales, and minke whales that might be both the animals and the survey vessels duty during all daylight hours and will exposed to ≥160 dB and 120 dB re 1 mPa will be moving constantly in and out of call for mitigation actions if necessary, (rms) are 5,232, 23, 23, and 23, when the the survey areas. Therefore, the degrees this rate would suggest that as many as secondary alternative for refueling is of TTS and PTS, if incurred, are 38 seals may occur within the ≥190 dB being considered. These numbers expected to be minor (low intensity—a zone during the proposed survey. represent 13.33%, 0.05%, 0.12%, and few dBs of loss at certain frequencies), However, as stated earlier, in most 1.87% of these species’ respective and the TTS is expected to be brief circumstances marine mammals would populations in the proposed action area. (minutes to hours) before full recovery. avoid areas where intense noise could If ION selects the preferred alternative No serious injuries or mortalities are cause injury, including PTS. Although for refueling, the estimated takes for anticipated to occur as a result of the approximately 23 beluga whales, 8 beluga would be reduced to 4,888 proposed seismic survey, and none are bowhead whales, and 38 seals animals, or 12.45% of the population. proposed to be authorized. (presumably all ringed seals) could Seals—A few seal species are likely to Of the nine marine mammal species theoretically be exposed to received be encountered in the study area, but likely to occur in the proposed marine levels above 180 dB re 1 mPa (for ringed seal is by far the most abundant survey area, only the bowhead whale is whales) and 190 dB re 1 mPa (for seals), in this area. The average estimates of the listed as endangered under the ESA. most of them are likely to avoid these numbers of individuals exposed to These species are also designated as areas of intense noise and would not sounds at received levels ≥160 dB and ‘‘depleted’’ under the MMPA. Despite incur TTS or PTS (injury). In the 120 dB re 1 mPa (rms) during the these designations, the Bering-Chukchi- unlikely case a small number of proposed icebreaking seismic survey are Beaufort stock of bowheads has been individuals animals did not avoid the as follows: ringed seals (60,574), increasing at a rate of 3.4 percent intense noise, then TTS or even PTS bearded seals (95), spotted seals (23), annually for nearly a decade (Allen and could occur. Assuming that 10% of the and ribbon seals (23), when the Angliss, 2010). Additionally, during the individuals that were initially exposed secondary alternative for refueling is 2001 census, 121 calves were counted, to received levels above 180 dB re 1 mPa being considered. These numbers which was the highest yet recorded. The

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calf count provides corroborating population sizes in the Bering-Chukchi- result of the proposed seismic survey evidence for a healthy and increasing Beaufort seas, as described above. activity. It is important to note that the population (Allen and Angliss, 2010). Finally, as discussed above, since ION population densities for marine There is no critical habitat designated in is not likely to start its proposed in-ice mammals within the proposed survey the U.S. Arctic for the bowhead whale. seismic survey until early October when area are overestimated for the season of Certain stocks or populations of gray most of the cetaceans (especially the seismic survey due to the lack of and beluga whales and spotted seals are bowhead whales) have moved out of the realistic data, and that the number of listed as endangered or are proposed for area, the actual take numbers are ringed seals that would occur in the listing under the ESA; however, none of expected to be much lower. project area during the proposed survey those stocks or populations occur in the The many reported cases of apparent period is expected to be much lower. proposed activity area. On December 10, tolerance by cetaceans of seismic Therefore, far fewer ringed seals are 2010, NMFS published a notice of exploration, vessel traffic, and some actually expected to be taken as a result proposed threatened status for other human activities show that co- of ION’s proposed icebreaking seismic subspecies of the ringed seal (75 FR existence is possible. Mitigation survey in the Beaufort Sea. Furthermore, 77476) and a notice of proposed measures such as controlled vessel it is likely that individual animals could threatened and not warranted status for speed, dedicated PSOs, non-pursuit, be taken multiple times and be counted subspecies and distinct population and shutdowns or power downs when as different individuals, thus inflating segments of the bearded seal (75 FR marine mammals are seen within the percentage of unique individuals 77496) in the Federal Register. Neither defined ranges will further reduce short- that would be affected. Finally, as of these two ice seal species is currently term reactions and minimize any effects discussed earlier, the effects to marine considered depleted under the MMPA. on hearing sensitivity. In all cases, the mammals that would result from Level effects are expected to be short-term, B behavioral harassment are expected to Level B Behavioral Harassment with no lasting biological consequence. be minor and brief, and mostly involve Most of the bowhead whales Some individual pinnipeds may be animals temporarily changing their exposed to sound from the proposed encountered during the summer will behavior and vacating the proximity of marine surveys more than once during likely show overt disturbance the survey area briefly as the survey the time frame of the project. However, (avoidance) only if they receive airgun vessel and icebreaker approach. Marine as discussed previously, due to the sounds with levels ≥160 dB re 1 mPa mammals are expected to resume their constant moving of the survey vessel, (rms). Odontocete reactions to seismic normal activities and reoccupy the area the probability of an individual energy pulses are usually assumed to be as soon as the vessels move away. pinniped being exposed multiple times limited to shorter distances from the Additionally, since the proposed is much lower than if the source is airgun(s) than are those of mysticetes, icebreaking seismic survey is planned stationary. Therefore, NMFS has probably in part because odontocete outside the time when ice seals are preliminarily determined that the giving birth, no impacts on pups are low-frequency hearing is assumed to be exposure of pinnipeds to sounds less sensitive than that of mysticetes. expected. Therefore, although the produced by the proposed marine number of ringed seals that could be However, at least when in the Canadian seismic survey in the Beaufort and Beaufort Sea in summer, belugas appear affected by the proposed seismic survey Chukchi Seas is mostly expected to seems high, these effects are not to be fairly responsive to seismic energy, result in no more than Level B with few being sighted within 6–12 mi expected to be biologically significant harassment and is anticipated to have on either the individual or population (10–20 km) of seismic vessels during no more than a negligible impact on the aerial surveys (Miller et al., 2005). Both level for this species. In addition, the animals. mitigation and monitoring measures belugas and bowhead whales are The estimated Level B behavioral expected to occur in much smaller (described previously in this document) takes proposed to be authorized proposed for inclusion in the IHA (if numbers in the vicinity of the proposed represent up to 12.45% of the Beaufort seismic survey area during the proposed issued) are expected to further reduce Sea population of approximately 39,258 any potential disturbance to marine survey. In addition, due to the constant beluga whales (Allen and Angliss, mammals. moving of the seismic survey vessel, the 2010), up to 0.04% of Bering Sea stock duration of the noise exposure of of approximately 48,215 harbor Hearing Impairment (TTS, Level B cetaceans to seismic impulses would be porpoises, 0.12% of the Eastern North Harassment, or PTS, Level A brief. For the same reason, it is unlikely Pacific stock of approximately 19,126 Harassment) that any individual animal would be gray whales, 1.86% of the Bering- Most cetaceans (and particularly exposed to high received levels multiple Chukchi-Beaufort population of 15,233 Arctic cetaceans) show relatively high times. individuals assuming 3.4 percent levels of avoidance when received Taking into account the mitigation annual population growth from the 2001 sound pulse levels exceed 160 dB re 1 measures that are planned, effects on estimate of 10,545 animals (Zeh and mPa (rms), and it is uncommon to sight cetaceans are generally expected to be Punt, 2005), and 1.78% of the Alaska Arctic cetaceans within the 180 dB restricted to avoidance of a limited area stock of approximately 1,233 minke radius, especially for prolonged around the survey operation and short- whales. The take estimates presented for duration. Results from monitoring term changes in behavior, falling within ringed, bearded, spotted, and ribbon programs associated with seismic the MMPA definition of ‘‘Level B seals represent up to 24.29, 0.04, 0.04, activities in the Arctic have shown harassment,’’ with only limited and 0.04 percent of U.S. Arctic stocks of significant responses by cetaceans at potential occurrences of TTS (Level B each species, respectively. These levels much lower than 180 dB. These harassment) and PTS (Level A estimates represent the percentage of results have been used by agencies to harassment). each species or stock that could be taken support monitoring requirements within Furthermore, the estimated numbers by Level B behavioral harassment if distances where received levels fall of animals potentially exposed to sound each animal is taken only once. It may below 160 dB and even 120 dB. Thus, levels sufficient to cause appreciable seem that a large number of ringed seal very few animals would be exposed to disturbance are small percentages of the (up to 24.29%) would be taken as a sound levels of 180 dB re 1 mPa (rms)

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regardless of detectability by PSOs. Effects on Marine Mammal Habitat seismic survey operations that is Avoidance varies among individuals Potential impacts to marine mammal intended to avoid subsistence activities. and depends on their activities or habitat were discussed previously in ION plans to start its seismic survey reasons for being in the area, and this document (see the ‘‘Anticipated after the fall bowhead harvests have occasionally a few individual arctic Effects on Habitat’’ section). Although concluded for the communities of cetaceans will tolerate sound levels some disturbance is possible to food Kaktovik and Nuiqsut, and its seismic above 160 dB. Tolerance of levels above sources of marine mammals, the survey is expected to occur far offshore 180 dB is infrequent, regardless of the impacts are anticipated to be minor from regular ringed seal hunts. Although hunting may still be occurring circumstances. Therefore, a calculation enough as to not affect rates of in Barrow, ION has agreed to work in of the number of cetaceans potentially recruitment or survival of marine the eastern part of the survey area first exposed to >180 dB that is based simply mammals in the area. Based on the vast so as not to overlap with hunting areas on density would be a gross size of the Arctic Ocean where feeding used by hunters in Barrow. The late overestimate of the actual numbers by marine mammals occurs versus the November bowhead harvests on St. localized area of the marine survey exposed to 180 dB. Such calculations Lawrence Island should not be affected activities, any missed feeding would be misleading unless avoidance by ION’s vessel transits through the opportunities in the direct project area response behaviors were taken into Bering Strait at the conclusion of the would be minor based on the fact that account to estimate what fraction of survey in early to mid-December. No those originally present within the soon- other feeding areas exist elsewhere. For other subsistence activity is expected to to-be ensonified to >180 dB zone (as bowhead whales, the majority of the occur during ION’s proposed seismic estimated from density) would still be population would have migrated past survey period. there by the time levels reach 180 dB. many of the feeding areas of the central Based on the measures described in Beaufort Sea prior to the initiation of ION’s POC, the proposed mitigation and It is estimated that up to 1 bowhead activities by ION. whale and 3 beluga whales could be monitoring measures (described earlier The effects of icebreaking activity are in this document), and the project exposed to received noise levels above not expected to result in significant 180 dB re 1 mPa (rms), and 4 ringed seals design itself, NMFS has determined modification to marine habitat. preliminarily that there will not be an could be exposed to received noise Although it is expected that the ice levels above 190 dB re 1 mPa (rms) for unmitigable adverse impact on coverage would be 8/10th to 10/10th, subsistence uses from ION’s icebreaking durations long enough to cause TTS if the ice in the proposed project area is marine seismic survey in the Beaufort the animals are not detected in time to loose annual ice during the time of the and Chukchi Seas. have mitigation measures implemented proposed in-ice seismic survey activity. (or even PTS if such exposures occurred Therefore, ice floes being broken and Proposed Incidental Harassment repeatedly). The potential takes of pushed aside from the icebreaker are Authorization marine mammals by TTS (Level B expected to rejoin behind the seismic This section contains a draft of the harassment), or, potentially PTS (Level survey path. In addition, no ice seal IHA itself. The wording contained in A harassment) if exposed for a long lairs are expected during the period of this section is proposed for inclusion in enough time or repeatedly represent ION’s proposed in-ice seismic survey in the IHA (if issued). 0.0068%, 0.0076%, and 0.0016% of the Beaufort and Chukchi Seas. 1. This Authorization is valid from bowhead whale, beluga whale, and Based on the analysis contained October 1, 2012, through December 15, ringed seal populations, respectively. herein of the likely effects of the 2012. None of the other species are expected specified activity on marine mammals 2. This Authorization is valid only for to be exposed to received sound levels and their habitat, and taking into activities associated with in-ice seismic anticipated to cause TTS or PTS. consideration the implementation of the surveys and related activities in the Beaufort and Chukchi Seas, as indicated Marine mammals that are taken by mitigation and monitoring measures, NMFS preliminarily finds that ION’s in Figure 1 of ION’s IHA application. TTS are expected to receive minor (in proposed 2010 in-ice seismic survey in 3. (a) The species authorized for the order of several dBs) and brief the Beaufort and Chukchi Seas may incidental harassment takings, Level B (minutes to hours) temporary hearing result in the incidental take of small harassment only, are: impairment because (1) animals are not • numbers of marine mammals, by Level Beluga whales (Delphinapterus likely to remain for prolonged periods leucas); A and Level B harassment only, and that • within high intensity sound fields, and the total taking from the seismic surveys Harbor porpoises (Phocoena (2) both the seismic vessel and the phocoena); will have a negligible impact on the • animals are constantly moving, and it is affected species or stocks. Bowhead whales (Balaena unlikely that the animal will be moving mysticetus); along with the vessel during the survey. Unmitigable Adverse Impact Analysis • Gray whales (Eschrichtius Although repeated experience to TTS and Preliminary Determination robustus); • could result in PTS (injury or Level A NMFS has preliminarily determined Minke whales (Balaenoptera harassment), for the same reasons that ION’s proposed 2010 in-ice marine acutorostrata); • Bearded seals (Erignathus discussed above, even if marine seismic survey in the Beaufort and mammals experience PTS, the degree of barbatus); Chukchi Seas will not have an • Spotted seals (Phoca largha); PTS is expected to be mild, resulting in unmitigable adverse impact on the • Ringed seals (P. hispida); and a few dB elevation of hearing threshold. availability of species or stocks for • Ribbon seals (P. fasciata). Therefore, even if a few marine taking for subsistence uses. This (b) The species authorized for mammals receive TTS or PTS, the preliminary determination is supported incidental harassment taking, Level A degree of these effects are expected to be by information contained in this harassment, are: minor and, in the case of TTS, brief, and document and ION’s POC. ION has • One individual of bowhead whale; are not expected to be biologically adopted a spatial and temporal strategy • Three individuals of beluga whale; significant for the population or species. for its Beaufort and Chukchi Seas in-ice and

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• Four individuals of ringed seal. 4. The holder of this Authorization source vessel protected species (c) The authorization for taking by must notify the Chief of the Permits and observers (PSOs), required by condition harassment is limited to the following Conservation Division, Office of 7(a)(i), are not onboard in conformance acoustic sources and from the following Protected Resources, at least 48 hours with condition 7(a)(i) of this activities: prior to the start of collecting seismic Authorization. (i) 28 Sercel G-gun airguns, of which data (unless constrained by the date of 6. Mitigation 26 are active with a total discharge issuance of this Authorization in which volume of 4,450 in3. case notification shall be made as soon (a) Exclusion Zones as possible). (ii) Individual airgun sizes range from 70 to 380 in3. 5. Prohibitions (i) Establish and monitor with trained Protected Species Observers (PSOs) a (d) The taking of any marine mammal (a) The taking, by incidental preliminary exclusion zone for in a manner prohibited under this harassment only, is limited to the cetaceans and pinnipeds surrounding Authorization must be reported within species listed under conditions 3(a) and the airgun array on the source vessel 24 hours of the taking to the Alaska (b) above. The taking by serious injury Regional Administrator (907–586–7221) or death of these species or the taking where the received level would be 180 or his designee in Anchorage (907–271– by harassment, injury or death of any dB (for cetaceans) and 190 dB (for 3023), National Marine Fisheries other species of marine mammal is pinnipeds) re 1 mPa (rms), respectively. Service (NMFS) and the Chief of the prohibited and may result in the For purposes of the sound source Permits and Conservation Division, modification, suspension, or revocation verification test, described in condition Office of Protected Resources, NMFS, at of this Authorization. 7(d)(i), the modeled exclusion zones at (301) 427–8401, or his designee (301– (b) The taking of any marine mammal areas of different depth are shown in 427–8418). is prohibited whenever the required Table 1 below.

TABLE 1—MARINE MAMMAL EXCLUSION ZONES FOR SPECIFIC CATEGORIES BASED ON THE WATER DEPTH

Exclusion and disturbance zones (meters) μ rms (dB re. 1 Pa) Less than 100 m– More than 100 m 1,000 m 1,000 m

190 ...... 600 180 180 180 ...... 2,850 660 580 160 ...... 27,800 42,200 31,600

(ii) Immediately upon completion of interaction with the bowhead whales by (B) Helicopters shall not hover or data analysis of the sound source taking one or more of the following circle above or within 0.3 mile (0.5 km) verification measurements required actions, as appropriate: of groups of whales. under condition 7(d)(i) below, the new (A) Reducing vessel speed to less than (c) Ramp-up: 180-dB and 190-dB re 1 mPa (rms) 5 knots within 300 yards (900 feet or (i) A ramp up, following a cold start, marine mammal exclusion zones shall 274 m) of the whale(s); can be applied if the exclusion zone has been free of marine mammals for a be established based on the sound (B) Steering around the whale(s) if source verification. consecutive 30-minute period. The possible; entire exclusion zone must have been (b) Speed or Course Alteration (C) Operating the vessel(s) in such a visible during these 30 minutes. If the (i) If a marine mammal (in water) is way as to avoid separating members of entire exclusion zone is not visible, then detected outside the exclusion zone a group of whales from other members ramp up from a cold start cannot begin. and, based on its position and the of the group; (ii) Ramp up procedures from a cold relative motion, is likely to enter the (D) Operating the vessel(s) to avoid start shall be delayed if a marine exclusion zone, the vessel’s speed and/ causing a whale to make multiple mammal is sighted within the exclusion or direct course shall be changed in a changes in direction; and zone during the 30-minute period prior manner that also minimizes the effect (E) Checking the waters immediately to the ramp up. The delay shall last on the planned objectives when such a adjacent to the vessel(s) to ensure that until the marine mammal(s) has been maneuver is safe. no whales will be injured when the observed to leave the exclusion zone or (ii) Avoid concentrations or groups of propellers are engaged. until the animal(s) is not sighted for at whales by all vessels in transient under least 15 or 30 minutes. The 15 minutes (iv) When weather conditions require, the direction of ION. Operators of applies to small toothed whales and such as when visibility drops, adjust vessels should, at all times, conduct pinnipeds, while a 30 minute vessel speed accordingly to avoid the their activities at the maximum distance observation period applies to baleen likelihood of injury to whales. possible from such concentrations of whales and large toothed whales. whales. (v) In the event that any aircraft (such (iii) A ramp up, following a (iii) All vessels during transient shall as helicopters) are used to support the shutdown, can be applied if the marine be operated at speeds necessary to planned survey, the mitigation measures mammal(s) for which the shutdown ensure no physical contact with whales below would apply: occurred has been observed to leave the occurs. If any barge or transit vessel (A) Under no circumstances, other exclusion zone or until the animal(s) is approaches within 1.6 km (1 mi) of than an emergency, shall aircraft be not sighted for at least 15 minutes (small observed bowhead whales, the vessel operated at an altitude lower than 1,000 toothed whales and pinnipeds) or 30 operator shall take reasonable feet above sea level (ASL) when within minutes (baleen whales and large precautions to avoid potential 0.3 mile (0.5 km) of groups of whales. toothed whales).

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(iv) If, for any reason, electrical power night or poor visibility conditions. In leader will supervise the PSO team to the airgun array has been this case ramp-up procedures can be onboard the survey vessel. New discontinued for a period of 10 minutes initiated, even though the exclusion observers shall be paired with or more, ramp-up procedures shall be zone may not be visible, on the experienced observers to avoid implemented. Only if the PSO watch assumption that marine mammals will situations where lack of experience has been suspended, a 30-minute be alerted by the sounds from the single impairs the quality of observations. clearance of the exclusion zone is airgun and have moved away. (B) Crew leaders and most other required prior to commencing ramp-up. (iii) Airguns shall not be fired during biologists serving as observers in 2012 Discontinuation of airgun activity for long transits when exploration activities will be individuals with experience as less than 10 minutes does not require a are not occurring, including the observers during recent seismic or ramp-up. common firing of one airgun (also shallow hazards monitoring projects in (v) The seismic operator and PSOs referred to as the ‘‘mitigation gun’’ in Alaska, the Canadian Beaufort, or other shall maintain records of the times past IHAs). This does not apply to turns offshore areas in recent years. when ramp-ups start and when the when starting a new track line. (C) PSOs shall complete a two or airgun arrays reach full power. (f) Mitigation Measures for three-day training session on marine (d) Power-down/Shutdown: Subsistence Activities: mammal monitoring, to be conducted (i) The airgun array shall be (i) ION shall fully implement the shortly before the anticipated start of the immediately powered down whenever a following measures, consistent with the 2012 open-water season. The training marine mammal is sighted approaching 2012 Plan of Cooperation (COP), in session(s) will be conducted by close to or within the applicable order to avoid having an unmitigable qualified marine mammalogists with exclusion zone of the full array, but is adverse impact on the availability of extensive crew-leader experience during outside the applicable exclusion zone of marine mammal species or stocks for previous vessel-based monitoring the single mitigation airgun. taking for subsistence uses: programs. A marine mammal observers’ (ii) If a marine mammal is already (A) Schedule the seismic survey so handbook, adapted for the specifics of within the exclusion zone when first that seismic operations in the eastern the planned survey program will be detected, the airguns shall be powered survey area do not begin until October reviewed as part of the training. down immediately. 1, 2012, or the completion of Kaktovik (D) If there are Alaska Native PSOs, (iii) Following a power-down, ramp bowhead whaling, whichever is later; the PSO training that is conducted prior up to the full airgun array shall not (B) Schedule the seismic survey so to the start of the survey activities shall resume until the marine mammal has that seismic operations in the western be conducted with both Alaska Native cleared the exclusion zone. The animal survey area do not begin until PSOs and biologist PSOs being trained will be considered to have cleared the completion of Barrow fall bowhead at the same time in the same room. exclusion zone if it is visually observed whaling (expected to be approximately There shall not be separate training to have left the exclusion zone of the November 1, 2012). courses for the different PSOs. full array, or has not been seen within (C) Plan the survey to proceed from (E) Crew members should not be used the zone for 15 minutes (pinnipeds or the eastern to western U.S. Beaufort Sea as primary PSOs because they have small toothed whales) or 30 minutes to avoid, as much as possible, any other duties and generally do not have (baleen whales or large toothed whales). remaining migratory animals and the same level of expertise, experience, (iv) If a marine mammal is sighted associated subsistence activities. or training as PSOs, but they could be within or about to enter the 190 or 180 (ii) ION shall maintain a stationed on the fantail of the vessel to dB (rms) applicable exclusion zone of Communication Center (Com Center) observe the near field, especially the the single mitigation airgun, the airgun that is staffed 24 hours a day, 7 days a area around the airgun array and array shall be shutdown. week, during the seismic survey implement a rampdown or shutdown if (v) If a marine mammal on ice is operational window. a marine mammal enters the exclusion detected by PSOs within the exclusion (iii) Vessels shall report in to the Com zone (or exclusion zone). zones it will be watched carefully in Center a minimum of every 6 hours and (F) If crew members are to be used as case it enters the water. In the event the provide information about the vessel’s PSOs, they shall go through some basic animal does enter the water and is location, speed, and direction. The Com training consistent with the functions within an applicable exclusion zone of Center shall be notified if there is any they will be asked to perform. The best the airguns during seismic operations, a significant change in plans or any approach would be for crew members power down or other necessary potentially unsafe or unanticipated and PSOs to go through the same mitigation measures shall immediately conditions (e.g., weather, ice training together. be implemented. conditions). (G) PSOs shall be trained using visual (vi) Airgun activity shall not resume 7. Monitoring: aids (e.g., videos, photos), to help them until the marine mammal has cleared (a) Daytime Vessel Monitoring: identify the species that they are likely the exclusion zone of the full array. The (i) Protected Species Observers to encounter in the conditions under animal will be considered to have (PSOs): The holder of this Authorization which the animals will likely be seen. cleared the exclusion zone as described must designate biologically-trained, on- (H) ION shall train its PSOs to follow above under ramp up procedures. site individuals (PSOs) to be onboard a scanning schedule that consistently (e) Poor Visibility Conditions: the source vessel and icebreaker, who distributes scanning effort according to (i) If during foggy conditions, heavy are approved in advance by NMFS, to the purpose and need for observations. snow or rain, or darkness, the full 180 conduct the visual monitoring programs For example, the schedule might call for dB exclusion zone is not visible, the required under this Authorization and 60% of scanning effort to be directed airguns cannot commence a ramp-up to record the effects of seismic surveys toward the near field and 40% at the far procedure from a full shut-down. and the resulting noise on marine field. All PSOs should follow the same (ii) If one or more airguns have been mammals. schedule to ensure consistency in their operational before nightfall or before the (A) PSO teams shall consist of Inupiat scanning efforts. onset of poor visibility conditions, they observers and experienced field (i) PSOs shall be trained in can remain operational throughout the biologists. An experienced field crew documenting the behaviors of marine

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mammals. PSOs should simply record (viii) The ship’s position, speed of the comparison. The two PSOs shall the primary behavioral state (i.e., vessel, water depth, sea state, ice cover, coordinate what area is currently being traveling, socializing, feeding, resting, visibility, airgun status (ramp up, scanned. approaching or moving away from mitigation gun, or full array), and sun • The IR–PSO should rotate between vessels) and relative location of the glare shall be recorded at the start and the search methods (see below) every 30 observed marine mammals. end of each observation watch, every 30 minutes in the following routine: (ii) PSOs shall be on duty for four (4) minutes during a watch, and whenever Æ 00:00–00:30: Method I consecutive hours or less, although there is a change in any of those Æ 00:30–01:00: Method II, Port side more than one four-hour shift per day is variables. Æ 01:00–01:30: Method I acceptable, with a maximum of 12 hours (ix) ION shall work with its observers Æ 01:30–02:00: Method II, Starboard of watch time per PSO. to develop a means for recording data side (iii) Three PSOs shall be stationed that does not reduce observation time (iv) FLIR and NVD Search Methods aboard the icebreaker Polar Prince to significantly. take advantage of this forward operating (x) PSOs shall attempt to maximize (A) Method I: Set the horizontal tilt of platform and provide advanced notice the time spent looking at the water and the camera to an angle that provides an of marine mammals to the PSOs on the guarding the exclusion radii. They shall adequate view out in front of the vessel survey vessel. Three PSOs shall be avoid the tendency to spend too much and also provides good resolution to stationed aboard the survey vessel Geo time evaluating animal behavior or potential targets. Pan back and forth Arctic to monitor the exclusion zones entering data on forms, both of which across the forward 180° of the vessels centered on the airguns and to request detract from their primary purpose of heading at a slow-scanning rate of mitigation actions when necessary. monitoring the exclusion zone. approximately 1–2°/sec, as one would (iv) At all times, the crew must be (xi) PSOs shall understand the with binoculars. instructed to keep watch for marine importance of classifying marine (B) Method II: Set the horizontal tilt mammals. If any are sighted, the bridge mammals as ‘‘unknown’’ or of the camera to an angle that provides watch-stander must immediately notify ‘‘unidentified’’ if they cannot identify an adequate view out in front of the the PSO(s) on-watch. If a marine the animals to species with confidence. vessel, and then set the camera at a mammal is within or closely In those cases, they shall note any fixed position that creates a swath of approaching its designated exclusion information that might aid in the view off the bow and to one side of the zone, the seismic acoustic sources must identification of the marine mammal vessel. be immediately powered down or sighted. For example, for an (c) Field Data-Recording, Verification, shutdown (in accordance with unidentified mysticete whale, the Handling, and Security condition 6(d) above). observers should record whether the (v) Observations by the PSOs on animal had a dorsal fin. (i) PSOs shall record their marine mammal presence and activity (xii) Additional details about observations onto datasheets or directly shall begin a minimum of 30 minutes unidentified marine mammal sightings, into handheld computers. During prior to the estimated time that the such as ‘‘blow only’’, mysticete with (or periods between watches and periods seismic source is to be turned on and/ without) a dorsal fin, ‘‘seal splash’’, etc., when operations are suspended, those or ramped-up. shall be recorded. data shall be entered into a laptop (vi) PSO(s) shall watch for marine computer running a custom computer mammals from the best available (b) At Night and Poor Visibility Visual database. vantage point on the survey vessels, Monitoring (ii) The accuracy of the data entry typically the bridge. The observer(s) (i) Night-vision equipment shall be verified in the field by shall scan systematically with the (Generation 3 binocular image computerized validity checks as the unaided eye and 7 × 50 reticle intensifiers, or equivalent units) shall be data are entered, and by subsequent binoculars, supplemented during good available for use at night and poor manual checking of the database visibility conditions with 20 × 60 image- visibility if visual monitoring is printouts. stabilized Zeiss Binoculars or Fujinon conducted. (iii) Quality control of the data shall 25 × 150 ‘‘Big-eye’’ binoculars, a thermal (ii) A forward looking thermal be facilitated by imaging (FLIR) camera, and night-vision imaging (FLIR) camera system mounted (A) The start-of-season training equipment when needed. on a high point near the bow of the session, (vii) When marine mammal is sighted, icebreaker shall also be available to (B) Subsequent supervision by the information to be recorded by PSOs assist with detecting the presence of onboard field crew leader, and shall include the following information: seals and polar bears on ice and in the (C) Ongoing data checks during the (A) species, group size, age/size/sex water ahead of the airgun array. field season. categories (if determinable), behavior (iv) Data shall be backed up regularly (iii) FLIR and NVD Monitoring Protocols when first sighted and after initial onto CDs and/or USB disks, and stored sighting, heading (if determinable), • All PSOs shall monitor for marine at separate locations on the vessel. bearing and distance from observer, mammals according to the procedures (v) Observation effort data shall be apparent reaction to activities (e.g., outlined in the Marine Mammal designed to capture the amount of PSO none, avoidance, approach, etc.), closest Observer handbook. effort itself, environmental conditions • point of approach, and pace; One PSO will be responsible for that impact an observer’s ability to (B) additional details for any monitoring the FLIR system (IR–PSO) detect marine mammals, and the unidentified marine mammal or during most darkness and twilight equipment and method of monitoring unknown observed; periods. The on-duty IR–PSO shall being employed. These data shall be (C) time, location, speed, and activity monitor the IR display and alternate collected every 30 minutes or when an of the vessel, sea state, ice cover, between the two search methods effort variable changes (e.g., change in visibility, and sun glare; and described below. If a second PSO is on the equipment or method being used to (D) the positions of other vessel(s) in watch, they shall scan the same area as monitor, on/off-signing PSO, etc.), and the vicinity of the observer location. the FLIR using the NVDs for shall be linked to sightings data.

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(vi) Effort and sightings data forms intervals and instead a period of the requirements established by NMFS shall also include fields to capture background sounds would be recorded, in the IHA (if issued). The technical information specific to monitoring in including the sounds generated by the report will include: darkness and to more accurately vessels. (i) Summaries of monitoring effort: describe the observation conditions. (B) In order to estimate sound energy Total hours, total distances, and These fields include the following: over a larger range of frequencies, distribution of marine mammals (A) Observation Method: FLIR, NVD, results from previous measurements of through the study period accounting for spotlight, eye (naked eye or regular icebreakers could be generalized and sea state and other factors affecting binoculars), or multiple methods. This added to the data collected during this visibility and detectability of marine data is collected every 30 minutes with project. mammals; the Observer Effort form and with every (iii) Over-Winter Acoustic Recorders (ii) Methods, results, and sighting. interpretation pertaining to all acoustic (B) Cloud Cover: Percentage. This can (A) ION shall collaborate with other characterization work and vessel-based impact lighting conditions and industry operators to deploy acoustics monitoring; reflectivity. recorders in the Alaskan Beaufort Sea in (iii) Analyses of the effects of various (C) Precipitation Type: Fog, rain, fall of 2012, to be retrieved during the factors influencing detectability of snow, or none. 2013 open-water season. marine mammals including sea state, (D) Precipitation Reduced Visibility: (B) Acoustic data from the over-winter number of observers, and fog/glare; Confirms whether or not visibility is recorders shall be analyzed to address (iv) Species composition, occurrence, reduced due to precipitation. This will the following objectives: • and distribution of marine mammal be compared to the visibility distance (# Characterize the sounds and sightings including date, water depth, km) to determine when visibility is propagation distances produced by Ion’s numbers, age/size/gender categories, reduced due to lighting conditions source vessel, icebreaker, and airguns group sizes, and ice cover; and versus precipitation. on and to the edge of the U.S. Beaufort (v) Analyses of the effects of survey (E) Daylight Amount: Daylight, Sea shelf, operations: • Characterize ambient sounds and twilight, dark. The addition of the • Sighting rates of marine mammals marine mammal calls during October twilight field has been included to during periods with and without airgun and November to assess the relative record observation periods where the activities (and other variables that could effect of ION’s seismic survey on the sun has set and observation distances affect detectability); background conditions, and to may be reduced due to lack of light. • Initial sighting distances versus characterize marine mammal calling (F) Light Intensity: Recorded in airgun activity state; footcandles (fc) using an incident light behavior, and • • Characterize ambient sound and Closest point of approach versus meter. This procedure was added to airgun activity state; quantify the available light during enumerate marine mammal calls • through acoustic sampling of the Observed behaviors and types of twilight and darkness periods and may movements versus airgun activity state; allow for light-intensity bins to be used environment form December 2012 • through July 2013, when little or no Numbers of sightings/individuals during analysis. seen versus airgun activity state; anthropogenic sounds are expected. • (d) Acoustic Monitoring 8. Reporting: Distribution around the survey (a) Sound Source Verification Report: vessel versus airgun activity state; and (i) Sound Source Verification • A report on the preliminary results of Estimates of ‘‘take by harassment’’. (A) ION shall use measurements of the acoustic verification measurements, (vi) To better assess impacts to marine the same airgun source taken in the including as a minimum the measured mammals, data analysis should be Canadian Beaufort Sea in 2010, along 190-, 180-, 160-, and 120-dB re 1 mPa separated into periods when a seismic with sound velocity measurements (rms) radii of the airgun arrays will be airgun array (or a single airgun) is taken in the Alaskan Beaufort Sea at the submitted within 120 hr after collection operating and when it is not. Final and start of the 2012 survey to update the and analysis of those measurements at comprehensive reports to NMFS should propagation model and estimate new the start of the field season. This report summarize and plot: (A) Data for exclusion zones. shall specify the distances of the periods when a seismic array is active (B) Sound source verification shall exclusion zones that were adopted for and when it is not; and (B) The consist of distances where broadside the marine survey activities. respective predicted received sound and endfire directions at which (b) Field Reports: Throughout the conditions over fairly large areas (tens of broadband received levels reach 190, survey program, the observers shall km) around operations. 180, 170, 160, and 120 dB re 1 mPa (rms) prepare a report each day or at such (vii) Sighting rates of marine for the airgun array(s). The other interval as the IHA (if issued), or mammals during periods with and configurations of airgun arrays shall ION may require summarizing the without airgun activities (and other include at least the full array and the recent results of the monitoring variables that could affect detectability), operation of a single source that will be program. The field reports shall such as: (A) Initial sighting distances used during power downs. summarize the species and numbers of versus airgun activity state; (B) closest (C) The test results shall be reported marine mammals sighted. These reports point of approach versus airgun activity to NMFS within 5 days of completing shall be provided to NMFS and to the state; (C) observed behaviors and types the test. survey operators. of movements versus airgun activity (ii) Seismic Hydrophone Streamer state; (D) numbers of sightings/ Recordings of Vessel Sounds: ION shall Technical Reports individuals seen versus airgun activity use the hydrophones in the seismic (c) Technical Report: The Results of state; (E) distribution around the survey streamer to monitor the icebreaker the vessel-based monitoring, including vessel versus airgun activity state; and noise. estimates of ‘‘take by harassment’’, shall (F) estimates of take by harassment. (A) Once every hour the airguns be presented in the 90-day and final (viii) Reported results from all would not be fired at 2 consecutive technical reports. Reporting will address hypothesis tests should include

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estimates of the associated statistical circumstances of the prohibited take. 11. This Authorization may be power when practicable. NMFS shall work with ION to modified, suspended or withdrawn if (ix) Estimate and report uncertainty in determine what is necessary to the holder fails to abide by the all take estimates. Uncertainty could be minimize the likelihood of further conditions prescribed herein or if the expressed by the presentation of prohibited take and ensure MMPA authorized taking is having more than a confidence limits, a minimum- compliance. ION may not resume their negligible impact on the species or stock maximum, posterior probability activities until notified by NMFS via of affected marine mammals, or if there distribution, etc.; the exact approach letter, email, or telephone. is an unmitigable adverse impact on the would be selected based on the (b) In the event that ION discovers an availability of such species or stocks for sampling method and data available. injured or dead marine mammal, and subsistence uses. (x) The report should clearly compare the lead PSO determines that the cause 12. A copy of this Authorization and authorized takes to the level of actual of the injury or death is unknown and the Incidental Take Statement must be estimated takes. the death is relatively recent (i.e., in less in the possession of each seismic vessel (xi) The draft report will be subject to than a moderate state of decomposition operator taking marine mammals under review and comment by NMFS. Any as described in the next paragraph), ION the authority of this Incidental recommendations made by NMFS must will immediately report the incident to Harassment Authorization. be addressed in the final report prior to the Supervisor of the Incidental Take 13. ION is required to comply with acceptance by NMFS. The draft report Program, Permits and Conservation the Terms and Conditions of the will be considered the final report for Division, Office of Protected Resources, Incidental Take Statement this activity under this Authorization if NMFS, at 301–427–8401, and/or by corresponding to NMFS’ Biological NMFS has not provided comments and email to [email protected] and Opinion. recommendations within 90 days of [email protected] and the NMFS receipt of the draft report. Endangered Species Act (ESA) Alaska Stranding Hotline (1–877–925– 9. Notification of Injured or Dead 7773) and/or by email to the Alaska The bowhead whale is the only Marine Mammals Regional Stranding Coordinators marine mammal species currently listed as endangered under the ESA that could (a) In the unanticipated event that ([email protected] and occur during ION’s proposed in-ice survey operations clearly cause the take [email protected]). The seismic survey period. The Beringia of a marine mammal in a manner report must include the same DPS of the Alaska stock of bearded seals prohibited by this Authorization, such information identified in Condition and the Arctic stock of ringed seals are as an injury (Level A harassment), 10(a) above. Activities may continue proposed for listing as threatened under serious injury or mortality (e.g., ship- while NMFS reviews the circumstances the ESA. Final decisions concerning the strike, gear interaction, and/or of the incident. NMFS will work with listing of these species are pending. entanglement), ION shall immediately ION to determine whether modifications NMFS’ Permits and Conservation cease survey operations and in the activities are appropriate. Division has initiated consultation with immediately report the incident to the (c). In the event that ION discovers an NMFS’ Protected Resources Division Supervisor of Incidental Take Program, injured or dead marine mammal, and Permits and Conservation Division, the lead PSO determines that the injury under section 7 of the ESA on the Office of Protected Resources, NMFS, at or death is not associated with or related issuance of an IHA to ION under section 301–427–8401 and/or by email to to the activities authorized in Condition 101(a)(5)(D) of the MMPA for this [email protected] and 3 of this Authorization (e.g., previously activity. Consultation will be concluded [email protected] and the Alaska wounded animal, carcass with moderate prior to a determination on the issuance Regional Stranding Coordinators to advanced decomposition, or of an IHA. ([email protected] and scavenger damage), ION shall report the National Environmental Policy Act [email protected]). The incident to the Supervisor of the (NEPA) report must include the following Incidental Take Program, Permits and NMFS is currently preparing an information: Conservation Division, Office of (i) Time, date, and location (latitude/ Protected Resources, NMFS, at 301– Environmental Assessment, pursuant to longitude) of the incident; 427–8401, and/or by email to NEPA, to determine whether or not this (ii) The name and type of vessel [email protected] and proposed activity may have a significant involved; [email protected] and the NMFS effect on the human environment. This (iii) The vessel’s speed during and Alaska Stranding Hotline (1–877–925– analysis will be completed prior to the leading up to the incident; 7773) and/or by email to the Alaska issuance or denial of the IHA. (iv) Description of the incident; Regional Stranding Coordinators Proposed Authorization (v) Status of all sound source use in ([email protected] and As a result of these preliminary the 24 hours preceding the incident; [email protected]), within 24 (vi) Water depth; determinations, NMFS proposes to hours of the discovery. ION shall (vii) Environmental conditions (e.g., authorize the take of marine mammals provide photographs or video footage (if wind speed and direction, Beaufort sea incidental to ION’s 2012 in-ice seismic available) or other documentation of the state, cloud cover, and visibility); survey in the Beaufort and Chukchi stranded animal sighting to NMFS and (viii) Description of marine mammal Seas, provided the previously the Marine Mammal Stranding Network. observations in the 24 hours preceding mentioned mitigation, monitoring, and ION can continue its operations under the incident; reporting requirements are incorporated. (ix) Species identification or such a case. Dated: August 13, 2012. description of the animal(s) involved; 10. Activities related to the (x) The fate of the animal(s); and monitoring described in this Helen M. Golde, (xi) Photographs or video footage of Authorization do not require a separate Acting Director, Office of Protected Resources, the animal (if equipment is available). scientific research permit issued under National Marine Fisheries Service. Activities shall not resume until section 104 of the Marine Mammal [FR Doc. 2012–20173 Filed 8–16–12; 8:45 am] NMFS is able to review the Protection Act. BILLING CODE 3510–22–P

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Part V

Department of Transportation

49 CFR Part 1 Organization and Delegation of Powers and Duties; Final Rule

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DEPARTMENT OF TRANSPORTATION and are no longer the Department’s of the Office of the Secretary, the role responsibility. Second, it updates the of each OST component, and the Office of the Secretary Secretary’s delegations to reflect new Secretary’s delegations to OST officers. [Docket No. DOT–OST–2012–0123] statutory responsibilities and Subsection C relates to the Office of organizational changes within the Inspector General. Subsection D 49 CFR Part 1 Department. Third, it clarifies the text, describes the role of each Operating updates citations, and reorganizes the Administration, and sets forth the RIN 2105–AE19 sections in Part 1 to increase Secretary’s delegations to Operating Organization and Delegation of Powers transparency, accessibility, and Administrators. and Duties readability. This final rule does not impose Regulatory Analyses and Notices AGENCY: Office of the Secretary, DOT. substantive requirements. It simply Executive Order 12866 and DOT ACTION: Final rule. updates the CFR to represent the current Regulatory Policies and Procedures statutory and organizational posture of SUMMARY: The Office of the Secretary of the Department. The final rule is The final rule is not considered a Transportation (OST) is updating its ministerial in nature and relates only to significant regulatory action under regulations. These regulations govern Departmental management, Executive Order 12866 and DOT the organization of the Department of organization, procedure, and practice. Regulatory Policies and Procedures (44 Transportation and delegations of Therefore, the Department has FR 11034). It was not reviewed by the authority from the Secretary to determined that notice and comment are Office of Management and Budget. Departmental officers including the unnecessary and that the rule is exempt There are no costs associated with this Deputy Secretary, the Under Secretary, from prior notice and comment rule. the General Counsel, the Assistant requirements under 5 U.S.C. 553 Executive Order 13132 Secretaries, the Inspector General, and (b)(3)(A). As these changes will not have the heads of Operating Administrations. a substantive impact on the public, the This final rule has been analyzed in This rule is a publication of delegations Department does not expect to receive accordance with the principles and made by the Secretary to other significant comments on the substance criteria contained in Executive Order Departmental officials. of the rule. Therefore, the Department 13132 (‘‘Federalism’’). This final rule does not have a substantial direct effect DATES: Effective Date: August 16, 2012. finds that there is good cause under 5 U.S.C. 553(d)(3) to make this rule on, or sufficient federalism implications FOR FURTHER INFORMATION CONTACT: effective less than 30 days after for, the States, nor would it limit the Robert Gorman, Office of the General publication in the Federal Register. policymaking discretion of the States. Counsel, at (202) 366–1162, via email at These revisions do not reflect all Therefore, the consultation [email protected], or by writing to: changes to Secretarial authorities or requirements of Executive Order 13132 Robert Gorman, Office of General Law, delegations that may arise under the do not apply. C–10, 1200 New Jersey Avenue SE., Moving Ahead for Progress in the 21st Executive Order 13175 Washington, DC 20590. Century Act (‘‘MAP–21’’), Public Law SUPPLEMENTARY INFORMATION: 112–141 (enacted July 6, 2012). The This final rule has been analyzed in accordance with the principles and Background Department anticipates future revisions to Part 1 as a result of MAP–21. criteria contained in Executive Order This final rule updates the Code of 13175 (‘‘Consultation and Coordination Federal Regulations (CFR) sections that Organization with Indian Tribal Governments’’). set forth the organization of the Part 1 of 49 CFR lays out the structure Because this final rule does not Department of Transportation and of the Department of Transportation, significantly or uniquely affect the delegations of authority from the describes the role of each Departmental communities of the Indian tribal Secretary of Transportation to other component, and contains delegations of governments and does not impose Departmental officials including the authority from the Secretary. Part 1 is substantial direct compliance costs, the Deputy Secretary, the Under Secretary, being reorganized to make that funding and consultation requirements the General Counsel, the Assistant information more accessible and easier of Executive Order 13175 do not apply. Secretaries, the Inspector General, and to navigate. For example, the prior rule Regulatory Flexibility Act the heads of the Operating set forth the ‘‘key responsibilities’’ of Administrations. The purpose of this the Office of the Secretary and the Because no notice of proposed rule is to provide a road map to the Operating Administrations in one rulemaking is required for this rule public and government officials section, described the ‘‘spheres of under the Administrative Procedure regarding how the Department operates, primary responsibility’’ for OST officers Act, 5 U.S.C. 553, the provisions of the which office is responsible for which in a different section, and set forth the Regulatory Flexibility Act (5 U.S.C. 601 tasks, and the authority pursuant to Secretary’s delegations to Departmental et seq.) do not apply. We also do not which Departmental offices act. components in various succeeding believe this rule would impose any The regulations set forth in 49 CFR sections. In contrast, the amended rule costs on small entities as it makes non- Part 1 are outdated and do not describes each Departmental component substantive corrections. Therefore, I accurately reflect how the Department in its own section, and places any certify this final rule will not have a operates. For example, Part 1 still delegated responsibilities to that significant economic impact on a references the Coast Guard and the component in an adjacent section. This substantial number of small entities. Transportation Security Administration; final rule also clarifies the position of Paperwork Reduction Act the Department is no longer responsible the Office of Inspector General within for these entities, and their presence in the Department. This rule contains no information Part 1 creates unnecessary confusion. Subsection A describes fundamental collection requirements under the This rule amends Part 1 in three ways. elements of the Department as a whole. Paperwork Reduction Act of 1995 (44 First, it removes items that are outdated Subsection B describes the organization U.S.C. 3501–3520).

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Unfunded Mandates Reform Act 1.43 Delegations to the Director of the Transportation and provides for the Office of Small and Disadvantaged performance of duties imposed upon, The Office of the Secretary has Business Utilization. determined that the requirements of and the exercise of powers vested in, the 1.44 Office of Intelligence, Security and Secretary of Transportation by law. Title II of the Unfunded Mandates Emergency Response. Reform Act of 1995 do not apply to this 1.45 Delegations to the Director of the § 1.2 Organization of the Department. rulemaking. Office of Intelligence, Security and Emergency Response. (a) The Secretary of Transportation is List of Subjects in 49 CFR Part 1 1.46 Office of Public Affairs. the head of the Department. Authority delegations (Government 1.47 Delegations to the Assistant to the (b) The Department comprises the agencies), organization and functions Secretary and Director of Public Affairs. Office of the Secretary of Transportation (Government agencies). 1.48 Office of the Chief Information Officer. (OST), the Office of the Inspector 1.49 Delegations to the Chief Information General (OIG), and the following In consideration of the foregoing, the Officer. Department revises Title 49, Part 1 of Operating Administrations, each headed 1.50 Office of Drug & Alcohol Policy & by an Administrator who reports the Code of Regulations to read as Compliance. directly to the Secretary: follows: 1.60 General Authorizations and Delegations to Secretarial Officers. (1) The Federal Aviation PART 1—ORGANIZATION AND Administration (FAA). Subpart C—Office of Inspector General DELEGATION OF POWERS AND (2) The Federal Highway DUTIES 1.70 Overview. Administration (FHWA). 1.71 Key responsibilities. (3) The Federal Motor Carrier Safety Subpart A—General. 1.72 Structure. Administration (FMCSA). 1.73 Authority of Inspector General. Sec. (4) The Federal Railroad 1.74 Delegations to Inspector General. 1.1 Overview. Administration (FRA). 1.2 Organization of the Department. Subpart D—Operating Administrations (5) The Federal Transit 1.3 Exercise of authority. 1.80 Overview. Administration (FTA). Subpart B—Office of the Secretary 1.81 Delegations to all Administrators. (6) The Maritime Administration 1.81a Redelegation by all Administrators. 1.11 Overview. (MARAD). 1.13 OST key responsibilities. 1.82 The Federal Aviation Administration. (7) The National Highway Traffic 1.15 OST structure. 1.83 Delegations to the Federal Aviation Safety Administration (NHTSA). 1.17 OST line of secretarial succession. Administrator. (8) The Pipeline and Hazardous 1.84 The Federal Highway Administration. Materials Safety Administration OST Officials 1.85 Delegations to the Federal Highway Administrator. (PHMSA). 1.20 Secretary of Transportation. (9) The Research and Innovative 1.21 Reservations of Authority to the 1.86 The Federal Motor Carrier Safety Secretary of Transportation. Administration. Technology Administration (RITA). 1.22 Deputy Secretary. 1.87 Delegations to the Federal Motor (10) The Saint Lawrence Seaway 1.23 Delegations to the Deputy Secretary. Carrier Safety Administrator. Development Corporation (SLSDC). 1.24 Under Secretary of Transportation for 1.88 The Federal Railroad Administration. Policy. 1.89 Delegations to the Federal Railroad § 1.3 Exercise of authority. 1.25 Delegations to the Under Secretary of Administrator. (a) In exercising powers and Transportation for Policy. 1.90 The Federal Transit Administration. performing duties delegated by this part 1.25a Redelegations by the Under Secretary 1.91 Delegations to the Federal Transit or redelegated pursuant thereto, officials of Transportation for Policy. Administrator. 1.92 The Maritime Administration. of the Department of Transportation are 1.26 General Counsel. governed by applicable laws, Executive 1.27 Delegations to the General Counsel. 1.93 Delegations to the Maritime 1.27a Delegations to the Career Deputy Administrator. Orders and regulations and by policies, General Counsel. 1.94 The National Highway Traffic Safety objectives, plans, standards, procedures, 1.27b Delegations to the Assistant General Administration. and limitations as may be issued from Counsel for General Law. 1.95 Delegations to the National Highway time to time by or on behalf of the 1.30 Assistant Secretaries. Traffic Safety Administrator. Secretary, or, with respect to matters 1.31 Assistant Secretary for Transportation 1.96 The Pipeline and Hazardous Materials under their jurisdictions, by or on behalf Safety Administration. Policy. of the Deputy Secretary, the Under 1.32 Assistant Secretary for Aviation and 1.97 Delegations to the Pipeline and International Affairs. Hazardous Materials Safety Secretary, the General Counsel, an 1.33 Assistant Secretary for Budget and Administrator. Assistant Secretary, the Inspector Programs and Chief Financial Officer. 1.98 The Research and Innovative General, or an Administrator. This 1.34 Delegations to the Assistant Secretary Technology Administration. includes, wherever specified, the for Budget and Programs and Chief 1.99 Delegations to the Research and requirement for advance notice to, prior Financial Officer. Innovative Technology Administrator. coordination with, or prior approval by 1.35 Assistant Secretary for Governmental 1.100 The Saint Lawrence Seaway an authority other than that of the Affairs. Development Corporation. 1.36 Delegations to the Assistant Secretary official proposing to act. 1.101 Delegations to Saint Lawrence (b) Subject to the reservations of for Governmental Affairs. Seaway Development Corporation 1.37 Assistant Secretary for Administration. Administrator. authority to the Secretary of 1.38 Delegations to the Assistant Secretary Appendix A to Part I—Delegations and Transportation in section 1.21, the for Administration. Redelegations by Secretarial Officers Deputy Secretary, the Under Secretary, 1.38a Redelegations by the Assistant the General Counsel, the Assistant Authority: 49 U.S.C. 322. Secretary for Administration. Secretaries, the Inspector General, and 1.39 Executive Secretariat. the Administrators exercise the powers 1.40 Departmental Office of Civil Rights. Subpart A—General 1.41 Delegations to the Director of the and perform the duties delegated to Departmental Office of Civil Rights. § 1.1 Overview. them under this part. 1.42. Office of Small and Disadvantaged This part describes the organization of (c) For delegations of authority vested Business Utilization. the United States Department of in the Secretary by Executive Order

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13526 (see also E.O. 12958 and 12065) (13) Formulating and executing (8) The Center for Alternative Dispute originally to classify documents as policies to ensure effective operation of Resolution. secret and confidential, see § 8.11 of this the Department’s aviation economic (e) Office of the Assistant Secretary subtitle. Previous delegations of program including functions related to for Budget and Programs and Chief authority to Department of consumer protection and civil rights, Financial Officer. This Office is Transportation officials to originally domestic airline licensing matters, composed of: classify information as secret and competition oversight, airline data (1) The Office of Budget and Program confidential are hereby rescinded. collection, and review of international Performance, route negotiations and route awards to (2) The Office of Financial Subpart B—Office of the Secretary carriers. Management, and (3) The Office of the Chief Financial § 1.11 Overview. § 1.15 OST Structure. Officer for the Office of the Secretary. This subpart sets forth the OST’s key (a) Secretary and Deputy Secretary. (f) Office of the Assistant Secretary for responsibilities, its basic organizational The Secretary and Deputy Secretary are Governmental Affairs. This Office structure, and the line of Secretarial assisted by the following, all of which contains the following functional areas: succession in time of need. It also report directly to the Secretary: Congressional Affairs and describes the key responsibilities of (1) The Chief of Staff; Intergovernmental Affairs; and includes OST officials, and sets forth delegations (2) The Executive Secretariat; a Deputy Assistant Secretary for Tribal and reservations of authority to those (3) The Departmental Office of Civil Government Affairs. officials. Rights; (g) Office of the Assistant Secretary (4) The Office of Small and § 1.13 OST Key Responsibilities. for Administration. This Office is Disadvantaged Business Utilization; composed of: (a) The OST is responsible for: (5) The Office of Intelligence, Security (1) The Office of Audit Relations, (1) Providing leadership in and Emergency Response; (2) The Office of Human Resource formulating and executing well- (6) The Office of Public Affairs; Management, balanced national and international (7) The Office of the Chief Information (3) The Office of Hearings, transportation objectives, policies, and Officer; and (4) The Office of Security, programs to ensure the Nation has safe, (8) The Office of Drug & Alcohol (5) The Office of the Senior economically competitive transportation Policy & Compliance. Procurement Executive, systems that support U.S. interests, that (b) The Under Secretary of (6) The Office of Financial are maintained in a state of good repair, Transportation for Policy, the General Management and Transit Benefit that foster environmental sustainability, Counsel, and the Assistant Secretaries Programs, and and that support livable communities; for Administration, Budget and (7) The Office of Facilities, (2) Chairing the Department’s Safety Programs, and Governmental Affairs Information and Asset Management. Council; also report directly to the Secretary. (3) Stimulating and promoting (c) Office of the Under Secretary of § 1.17 OST Line of Secretarial Succession. research and development in all modes Transportation for Policy. This Office is (a) The following officials, in the and types of transportation, with special composed of: order indicated, shall act as Secretary of emphasis on transportation safety; (1) The Office of the Assistant Transportation, in case of the absence or (4) Coordinating the various Secretary for Transportation Policy, disability of the Secretary, until the transportation programs of the Federal which includes: absence or disability ceases, or in the Government; (i) The Office of Safety, Energy, and case of a vacancy, until a successor is (5) Encouraging maximum private the Environment, appointed. Notwithstanding the development of transportation services; (ii) The Office of Infrastructure provisions of this section, the President (6) Providing responsive, timely, and Finance and Innovation, and retains discretion, to the extent effective liaison with Congress and (iii) The Office of Economic and permitted by the law, to depart from this public and private organizations on Strategic Analysis. order in designating an acting Secretary transportation matters; (2) The Office of the Assistant of Transportation. (7) Providing innovative approaches Secretary for Aviation and International (1) Deputy Secretary. to urban transportation and Affairs, which includes: (2) Under Secretary of Transportation environmental enhancement programs; (i) The Office of International for Policy. (8) Overseeing the Department’s Transportation and Trade, (3) General Counsel. multimodal freight policy; (ii) The Office of International (4) Assistant Secretary for Budget and (9) Providing effective management of Aviation, and Programs and CFO. the Department as a whole to ensure it (iii) The Office of Aviation Analysis. (5) Assistant Secretary for achieves organizational excellence; (d) Office of the General Counsel. This Transportation Policy. (10) Leading Department-wide efforts Office is composed of: (6) Assistant Secretary for for greater transparency and (1) The Office of General Law, Governmental Affairs. accountability; (2) The Office of International Law, (7) Assistant Secretary for Aviation (11) Administering the Department’s (3) The Office of Litigation, and International Affairs. Livable Communities initiative to (4) The Office of Legislation, (8) Assistant Secretary for increase access to convenient and (5) The Office of Regulation and Administration. affordable transportation choices and Enforcement, (9) Administrator of the Federal improve transportation networks that (6) The Office of Operations, which Highway Administration. accommodate pedestrians and bicycles; includes the Freedom of Information (10) Administrator of the Federal (12) Coordinating the Department’s Act (FOIA) Office, Aviation Administration. credit and financial assistance programs (7) The Office of Aviation (11) Administrator of the Federal by leading the Credit Council to ensure Enforcement and Proceedings, which Motor Carrier Safety Administration. responsible financing for the Nation’s includes the Aviation Consumer (12) Administrator of the Federal transportation projects; and Protection Division, and Railroad Administration.

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(13) Administrator of the Federal transportation investment standards and limited to one year or less at grade GS– Transit Administration. criteria under 49 U.S.C. 305 9 or lower, or an equivalent level: (14) Administrator of the Maritime (Transportation investment standards (A) Establishment or abolition of Administration. and criteria). positions; (15) Administrator of the Pipeline and (iv) Authority relating to standard (B) Hires; Hazardous Materials Safety time zones and advanced (daylight) time (C) Promotions other than quality and Administration. (15 U.S.C. 260 et seq.). periodic within-grade promotions; (16) Administrator of the National (2) Legislation, rulemakings, and (D) Transfer of personnel to Schedule Highway Traffic Safety Administration. reports. (i) Submission to the President, A, B, C, or D positions or non-career (17) Administrator of the Research the Director of the Office of executive assignment positions, either and Innovative Technology Management and Budget, or Congress of permanently or on detail; and (E) Transfer of personnel from Administration. proposals or recommendations for Schedule A, B, C, or D or non-career (18) Administrator of the Saint legislation, significant rulemakings and executive assignment positions to career Lawrence Seaway Development related documents as authorized by law, Civil Service positions. Corporation. Executive Orders, proclamations or (19) Regional Administrator, Southern (v) Approval of employment of reorganization plans, or other experts or consultants. Region, Federal Aviation Presidential action. Administration. (vi) Authority to determine the (ii) Submission to the President or maximum limit of age for appointment (20) Director, Resource Center, Congress of any report or any proposed Lakewood, Colorado, Federal Highway of air traffic controllers as provided by transportation policy or investment 5 U.S.C. 3307(b). Administration. standards or criteria, except with the (21) Regional Administrator, (vii) Authority to develop, coordinate, prior written approval of the Secretary. Northwest Mountain Region, Federal and issue wage schedules under the (iii) Submission of the annual Aviation Administration. Federal Wage system. statement on systems of internal (b) Without regard to the foregoing, a (5) Security. (i) Authorizing the filling accounting and administrative control person directed to perform the duties of of a critical-sensitive position for a under the Federal Managers’ Financial limited period by a person on whom a the Secretary pursuant to 5 U.S.C. 3347 Integrity Act of 1982 (FMFIA) (31 U.S.C. preappointment full field investigation (the Vacancies Act) shall act as 3512 note). has not been completed (Executive Secretary of Transportation. (3) Budget and finance. (i) Approval Order 10450) as amended and Executive OST Officials and submission to the Office of Order 12968 as amended by Executive Management and Budget of original or Order 13467. § 1.20 Secretary of Transportation. amended budget estimates or requests (ii) Requesting Presidential approval The Secretary is the head of the for allocations of personnel ceiling (31 of a claim of executive privilege with Department. The Secretary exercises U.S.C. 1108). respect to information requested by a oversight of all of the OST components, (ii) Approval of requests for Congressional committee or Member of as well as each of the Operating legislation which, if enacted, would Congress. Administrations, and overall planning, authorize subsequent appropriations for (iii) Making determinations direction, and control of the the Department (31 U.S.C. 581b). prescribed by Executive Order 12968 as Department’s agenda. (iii) Transfer of the balance of an amended by Executive Order 13467 and appropriation from one operating 32 CFR Part 147 relating to the § 1.21 Reservations of Authority to the adjudication and final denial of access Secretary of Transportation. element to another within the Department (31 U.S.C. 581c). to classified information to industry (a) All powers and duties that are not personnel. delegated by the Secretary in 49 CFR (iv) Submission to the Director of the Office of Management and Budget of (iv) Making those determinations or Part 1, or otherwise vested in officials delegations prescribed by Executive requests for the transfer of the balance other than the Secretary, are reserved to Order 13526 that are reserved to the or portions of an appropriation from one the Secretary. Except as otherwise head of the Department. provided, the Secretary may exercise element to another within the (6) Procurement. Exercising the powers and duties delegated or assigned Department (31 U.S.C. 665). extraordinary authority for defense to officials other than the Secretary. (4) Personnel. (i) Recommendations to contracts provided for in Public Law (b) The delegations of authority in this the Office of Personnel Management 85–804 [(50 U.S.C. 1431–1435)]. part do not extend to the following regarding the allocation of a position to (7) Printing. Requesting approval of actions, authority for which is reserved the Senior Executive Service (SES) or the Joint Committee on Printing for any to the Secretary or the Secretary’s Senior Level (SL), or Scientific and procurement or other action requiring delegatee within the Office of the Professional Positions (ST) (5 U.S.C. Committee approval. Secretary: 5108). (8) Interagency agreements. Executing (1) General transportation matters. (ii) Recommendations to the Office of any written interdepartmental or (i) Transportation leadership Personnel Management of approval of interagency agreement with the head of authority pursuant to 49 U.S.C. 301 the qualifications of any candidate for a another executive department or agency. (Duties of the Secretary of position in the SES or SL. (9) Withholding of funds. Withholding Transportation: Leadership, (iii) Recommendations to the Office of or suspension of Federal-Aid Highway consultation, and cooperation). Personnel Management of a Lump-Sum funds on a state-wide basis and the (ii) Functions relating to Incentive Award in Excess of $10,000 (5 waiver or compromise of such transportation activities, plans, and U.S.C. 4502). withholding or suspension, except for programs under 49 U.S.C. 304 (Joint (iv) Approval of the following actions the administration of 23 U.S.C. 141 and activities with the Secretary of Housing relating to Schedules A, B, C, or D and 154, which are specifically delegated in and Urban Development). noncareer executive assignment § 1.85 (FHWA) and § 1.95 (NHTSA). (iii) Authority to develop, prepare, positions or incumbents, except for (10) National Highway Safety coordinate, transmit, and revise actions under Schedules A and B Advisory Committee. Directing the

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National Highway Safety Advisory regulations, or instructions of the Act of 1969, Public Law 91–190, as Committee to meet (23 U.S.C. 404(c)). Secretary. In addition, the Deputy amended (42 U.S.C. 4321–4347) within (11) Maritime Subsidy Board. Secretary is delegated authority to: the Department of Transportation. Reviewing decisions, reports, orders and (a) Exercise executive control over (c) Oversee the implementation of 49 other actions of the Maritime Subsidy Departmental Budgeting and Program U.S.C. 303 (Policy on lands, wildlife Board. Evaluation. and waterfowl refuges, and historic (12) Cash purchases of passenger (b) Serve as Chairman of the sites). transportation. The authority under Departmental Executive Resources (d) Represent the Secretary of Federal Property Management Board and its Executive Committee. Transportation on various interagency Regulation G–72, as amended, to (c) Serve as the Chair of the boards, committees, and commissions to authorize and approve cash purchases Department’s Safety Council. include the Architectural and for emergency passenger transportation (d) Serve as the Chair of the Transportation Barriers Compliance services costing more than $100. Department’s Credit Council. Board and the Advisory Council on (13) Solicitation of gifts. The implied (e) Approve the establishment, Historic Preservation and the Trade authority to solicit gifts associated with modification, extension, or termination Policy Review Group and the Trade 49 U.S.C. 326(a). of: Policy Staff Committee. (14) Foreign travel. Approving official (1) Department-wide (intra- (e) Serve as the Department’s travel outside of the United States. department) committees affecting more designated principal conservation (15) United States Merchant Marine than one program. officer pursuant to section 656 of the Academy. Pursuant to 49 U.S.C. 51303, (2) OST-sponsored interagency Department of Energy Organization Act, the authority to appoint each year committees. Public Law 94–91 [42 U.S.C. 7266], and without competition as cadets at the (f) Approve the designation of: carry out the functions vested in the United States Merchant Marine (1) Departmental representatives and Secretary by section 656 of the Act, Academy not more than 40 qualified the chairman for interagency which pertains to planning and individuals with qualities the Secretary committees sponsored by the Office of implementing energy conservation considers to be of special value to the the Secretary. matters with the Department of Energy. Academy. (2) Departmental members for (f) Carry out the functions of the (16) Challenges and Competitions. international committees. Secretary pertaining to aircraft with Approving any challenge or competition (g) Serve as the representative of the respect to Transportation Order T–1 (44 administered by any office or Operating Secretary on the board of directors of CFR chapter IV) under the Defense Administration of the Department. the National Railroad Passenger Production Act of 1950, as amended, (17) Committees. Approving the Corporation and carry out the functions Public Law 81–774, 64 Stat. 798 [50 establishment, modification, extension, vested in the Secretary as a member of U.S.C. App. 2061 et seq.] and Executive or termination of all advisory the board by 49 U.S.C. 24302. Order 10480 (3 CFR, 1949–1953 comp., committees (including industry (h) Approve the initiation of p. 962), as amended (see also Executive advisory committees) subject to the regulatory action, as defined in E.O. Order 10773 and 12919). Federal Advisory Committee Act (Pub. 12866, by Secretarial offices and (g) Serve as Department of L. 92–463; 5 U.S.C. App.), and the Operating Administrations. Transportation member of the designation of Departmental Interagency Group on International representatives to those committees. § 1.24 Under Secretary of Transportation Aviation, and pursuant to Executive for Policy. (18) Credit assistance approval. Order No. 11382 (3 CFR, 1966–1970 Granting final approval of applications The Under Secretary provides comp., p. 691), as amended, serve as for credit assistance under the leadership in the Department’s Chair of the Group. Transportation Infrastructure Finance development of policies and programs (h) Serve as second alternate and Innovation Act (TIFIA), 23 U.S.C. to protect and enhance the safety, representing the Secretary of 601–609. adequacy, and efficiency of the Transportation to the Trade Policy transportation system and services. The Committee as mandated by § 1.22 Deputy Secretary. Office of the Under Secretary serves as Reorganization Plan No. 3 of 1979 (5 Along with the Secretary, the Deputy the focal point within the Federal U.S.C. App. at 1381), as amended, and Secretary exercises oversight of all of Government for coordination of Executive Order No. 12188 (3 CFR, 1980 the OST components, as well as each of intermodal transportation policy, which comp., p. 131), as amended. the Operating Administrations, and brings together departmental intermodal (i) As supplemented by 14 CFR Part overall planning, direction, and control perspectives, advocates intermodal 385, and except as provided in §§ 1.99(j) of the Department’s agenda. The Deputy interests, and provides secretarial (RITA), and 1.27 (General Counsel) of Secretary: leadership and visibility on issues that this part, carry out the functions (a) May exercise the authority of the involve or affect more than one transferred to the Department from the Secretary, except where specifically Operating Administration. Civil Aeronautics Board and other limited by law, order, regulation, or related functions and authority vested instructions of the Secretary; § 1.25 Delegations to the Under Secretary in the Secretary under the following: of Transportation for Policy. (b) Serves as the Chief Operating (1) Sections 40103(a)(2) (relating to Officer; and The Under Secretary is delegated the the consultation with the Architectural (c) Serves as the Chief Acquisition following authorities: and Transportation Barriers Compliance Officer. (a) Lead the development of Board before prescribing regulations or transportation policy and serve as the procedures that will have a significant § 1.23 Delegations to the Deputy principal adviser to the Secretary on all impact on accessibility of commercial Secretary. transportation policy matters. airports for handicapped individuals), The Deputy Secretary may exercise (b) Establish policy and ensure and (c) (relating to foreign aircrafts); the authority of the Secretary, except uniform departmental implementation 40105 (relating to international where specifically limited by law, order, of the National Environmental Policy negotiations, agreements, and

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obligations); 40109(a), (c), (g), 46301(b) [49 U.S.C. 40101 note], as delegated to assessing the costs and benefits of (smoke alarm penalty), (d), (f), (g) the Secretary of Transportation by the Departmental regulatory action. (relating to the authority to exempt President pursuant to a Presidential (7) Carry out the duties of the certain air carriers) and (h); 40113(a) Memorandum dated September 25, Secretary under Executive Orders 12866 and (c); 40114(a) (relating to reports and 2001. and 13563 to establish the value of time records); 40115 (relating to the (l) Exercise the authority vested in the in connection with assessing the costs withholding of information from public Secretary by section 11143 of the Safe, and benefits of Departmental regulatory disclosure) of Chapter 401 of 49 U.S.C.; Accountable, Flexible, Efficient action. and 40116 (relating to the Anti-Head Transportation Equity Act: A Legacy for (b) The Assistant Secretary for Tax Act); Users, Public Law 109–59, 119 Stat. Aviation and International Affairs is (2) The following chapters of title 49, 1144 (SAFETEA–LU), to manage the delegated authority to: U.S.C., except as related to departmental day-to-day activities associated with (1) Carry out the functions of the regulation of airline consumer implementation of section 11143 Secretary pertaining to aircraft with protection and civil rights which is regarding private activity bonds and tax- respect to Transportation Order T–1 (44 delegated to the General Counsel at exempt financing of highway projects CFR chapter IV) under the Defense § 1.27: and rail-truck facilities. Production Act of 1950, as amended, (i) Chapter 411 of title 49, U.S.C., (m) In coordination with the General Public Law 81–774, 64 Stat. 798 [50 relating to air carrier certification; Counsel, to carry out the duties of the U.S.C. App. 2061 et seq.] and Executive (ii) Chapter 413 of title 49, U.S.C., Secretary under Executive Orders 12866 Order 10480 (3 CFR, 1949–1953 comp., relating to foreign air transportation; and 13563 to establish the value of p. 962), as amended (see also Executive (iii) Chapter 415 of title 49, U.S.C., statistical life in connection with Order 10773 and 12919). relating to pricing; assessing the costs and benefits of (2) Serve as Department of (iv) Chapter 417 of title 49, U.S.C., Departmental regulatory action. Transportation member of the relating to the operations of air carriers, Interagency Group on International except sections 41721–41723; § 1.25a Redelegations by the Under Aviation, and pursuant to Executive (v) Chapter 419 of title 49, U.S.C. and Secretary of Transportation for Policy. Order No. 11382 (3 CFR, 1966–1970 39 U.S.C. 5402, relating to the (a) The Assistant Secretary for comp., p. 691), serve as Chair of the transportation of mail; and Transportation Policy is delegated Group. (vi) Section 42303 of 49 U.S.C., authority to: (3) Serve as second alternate relating to the management of the Web (1) Establish policy and maintain representing the Secretary of site regarding the use of insecticides in oversight of implementation of the Transportation to the Trade Policy passenger aircraft. National Environmental Policy Act of Committee as mandated by (3) Section 42111 of title 49, U.S.C. 1969, Public Law 91–190, as amended with respect to mutual aid agreements Reorganization Plan No. 3 of 1979 (5 (42 U.S.C. 4321–4347) within the U.S.C. App. at 1381), as amended, and as it relates to foreign air transportation; Department of Transportation. (4) Chapters 461 and 463 of title 49, Executive Order No. 12188 (3 CFR, 1980 (2) Oversee the implementation of 49 U.S.C., relating to aviation comp., p. 131). U.S.C. 303 (Policy on lands, wildlife investigations, proceedings, and (4) As supplemented by 14 CFR Part and waterfowl refuges, and historic penalties under Part A of Subtitle VII of 385, and except as provided in §§ 1.99 sites). title 49, U.S.C. except for those sections (RITA), and 1.27 (General Counsel) of delegated to the General Counsel under (3) Represent the Secretary of this part, carry out the functions § 1.27, and to the Federal Aviation Transportation on various interagency transferred to the Department from the Administrator under § 1.83 of this part; boards, committees, and commissions to Civil Aeronautics Board and other (5) Chapter 473 of title 49, U.S.C., include the Architectural and related functions and authority vested relating to international airport Transportation Barriers Compliance in the Secretary under the following facilities. Board and the Advisory Council on provisions of Title 49, U.S.C.: (6) Section 11 of the Clayton Act, Historic Preservation and the Trade (i) Sections 40103(a)(2) (relating to the Public Law 63–212 [15 U.S.C. 21], Policy Review Group and the Trade consultation with the Architectural and relating to air carriers and foreign air Policy Staff Committee. Transportation Barriers Compliance carriers. (4) Serve as the Department’s Board before prescribing regulations or (7) Section 3 of An Act to Encourage designated principal conservation procedures that will have a significant Travel in the United States, and for officer pursuant to section 656 of the impact on accessibility of commercial other purposes, 54 Stat. 773 [16 U.S.C. Department of Energy Organization Act, airports for handicapped individuals), 18b]. Public Law 94–91 [ 42 U.S.C. 7266], and and (c) (relating to foreign aircrafts); (8) Sections 108(a)(4), 621(b)(5), carry out the functions vested in the 40105 (relating to international 704(a)(5), and 814(b)(5) of the Consumer Secretary by section 656 of the Act, negotiations, agreements, and Credit Protection Act, Public Law 90– which pertains to planning and obligations); 40109(a), (c), (g), 46301(b) 321 [15 U.S.C. 1607(a)(4), 1681s(b)(5), implementing energy conservation (smoke alarm penalty), (d), (f), (g) 1691c(a)(5), and 1692l(b)(5)]. matters with the Department of Energy. (relating to the authority to exempt (j) Carry out the functions vested in (5) Carry out the functions of section certain air carriers) and (h); 40113(a) the Secretary by 49 U.S.C. 44907(b)(1), 42303 of 49 U.S.C., relating to the and (c); 40114(a) (relating to reports and (c), and (e) related to the security of management of the Web site regarding records); 40115 (relating to the foreign airports in coordination with the the use of insecticides in passenger withholding of information from public General Counsel, the Federal Aviation aircraft. disclosure; and 40116 (relating to the Administrator, and the Assistant (6) In coordination with the General Anti-Head Tax Act); Secretary for Administration. Counsel, to carry out the duties of the (ii) The following chapters of title 49, (k) Carry out section 101(a)(2) of the Secretary under Executive Orders 12866 U.S.C., except as related to departmental Air Transportation Safety and System and 13563 to establish the value of regulation of airline consumer Stabilization Act, Public Law 107–42 statistical life in connection with protection and civil rights which is

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delegated to the General Counsel at work of the Chief Counsel Offices in the (f) Provide counsel to employees on § 1.27: Department. The General Counsel questions of conflict of interest covered (A) Chapter 411, relating to air carrier participates with each Operating by departmental regulations on certification; Administrator in the performance employee responsibility and conduct. (B) Chapter 413, relating to foreign air reviews of Chief Counsel. The General (g) Coordinate the issuance of transportation; Counsel is responsible for retention of proposed Executive Orders and (C) Chapter 415, relating to pricing; outside counsel, and for the approval of proclamations for transmittal to the (D) Chapter 417, relating to the the hiring and promotion of Office of Management and Budget for operations of air carriers, except section departmental attorneys (other than in action by the White House. 41721–41723; the Federal Aviation Administration). (h) Except with respect to proceedings (E) Chapter 419, and 39 U.S.C. 5402, The General Counsel is also responsible relating to safety fitness of an applicant relating to the transportation of mail; for departmental regulation under (49 U.S.C. 307), decide on requests to (iii) Section 42111 of title 49, U.S.C. statutes including the Air Carrier Access intervene or appear before courts (with with respect to mutual aid agreements Act, statutes prohibiting unfair and the consent of the Department of Justice) as it relates to foreign air transportation; deceptive practices in air transportation, or agencies to present the views of the (iv) Chapters 461 and 463 of title 49, the Americans with Disabilities Act, the Department, subject to the concurrence U.S.C., relating to aviation Disadvantaged Business Enterprise of the Secretary. investigations, proceedings, and program, and the Uniform Time Act. (i) Exercise the authority delegated to penalties under Part A of 49 U.S.C. The General Counsel coordinates all the Department by the Assistant Subtitle VII except for those sections international legal matters, and Attorney General, Land and Natural delegated to the General Counsel under departmental participation in Resources Division, in his order of § 1.27, and to the Federal Aviation proceedings before other federal and October 2, 1970, to approve the Administrator under § 1.83 of this part; state agencies. The General Counsel sufficiency of the title to land being (v) Chapter 473 of title 49, U.S.C., provides oversight of departmental acquired by purchase or condemnation relating to international airport litigation, regulation, legislation, by the United States for the use of the facilities. Freedom of Information Act Department. (See also Appendix 1 (vi) Section 11 of the Clayton Act, compliance, and administrative relating to delegations to Operating Public Law 63–212 [15 U.S.C. 21], enforcement. Administration Chief Counsel). relating to air carriers and foreign air (j) Consider, ascertain, adjust, carriers. § 1.27 Delegations to the General Counsel. determine, compromise, and settle for (vii) Section 3 of An Act to Encourage The General Counsel is delegated an amount not exceeding $100,000, any Travel in the United States, and for authority to: tort claim arising from the activities of other purposes, 54 Stat. 773 [16 U.S.C. (a) Conduct all rulemaking any employee of the Office of the 18b]. proceedings under the Americans with Secretary; and request the approval of (viii) Sections 108(a)(4), 621(b)(5), Disabilities Act, the Disadvantaged the Attorney General for any such 704(a)(5), and 814(b)(5) of the Consumer Business Enterprise program, and the award, compromise, or settlement in Credit Protection Act, Public Law 90– Uniform Time Act, as amended (15 excess of $100,000 (28 CFR part 14.). 321 [15 U.S.C. 1607(a)(4), 1681s(b)(5), U.S.C. 260 et seq.). (k) Compromise, suspend collection action on, or terminate claims of the 1691c(a)(5), and 1692l(b)(5)]. (b) Determine the practicability of (5) Carry out the functions vested in United States not exceeding $100,000 applying the standard time of any the Secretary by 49 U.S.C. 44907(b)(1), (excluding interest) that are referred to, standard time zone to the movements of (c), and (e) related to the security of or arise out of the activities of the Office any common carrier engaged in foreign airports in coordination with the of the Secretary of Transportation. interstate or foreign commerce and issue General Counsel, the Federal Aviation (l) Conduct coordination with foreign operating exceptions in any case in Administrator, and the Assistant governments under section 118 of the which the General Counsel determines Secretary for Administration. Deep Seabed Hard Mineral Resources that it is impractical to apply the (6) Carry out section 101(a)(2) of the Act (30 U.S.C. 1428). standard time (49 CFR 71.1). Air Transportation Safety and System (m) Exercise review authority under Stabilization Act, Public Law 107–42 (c) Issue regulations making editorial 49 U.S.C. 41307 (related actions about [49 U.S.C. 40101 note], as delegated to changes or corrections to the regulations foreign air transportation) delegated to the Secretary of Transportation by the of the Office of the Secretary. the Secretary by the President in President pursuant to a Presidential (d) Grant permission, under specific Executive Order 12597. Memorandum dated September 25, circumstances, to deviate from a policy (n) Assist and protect consumers in 2001. or procedure prescribed by the their dealings with the air transportation (7) Carry out the functions vested in regulations of the Office of the Secretary industry and conduct all departmental the Secretary by 49 U.S.C. 47129, (49 CFR Part 9) with respect to the regulation of airline consumer relating to resolution of disputes over testimony of OST employees as protection and civil rights pursuant to the reasonableness of fees imposed witnesses in legal proceedings, the chapters 401 (General Provisions), 411 upon air carriers. serving of legal process and pleadings in (Air Carrier Certificates), 413 (Foreign legal proceedings involving the Air Transportation), 417 (Operations of § 1.26 General Counsel. Secretary or his Office, and the Carriers), and 423 (Passenger Air The General Counsel is the chief legal production of records of that Office Service Improvements) of title 49 U.S.C. officer of the Department, legal advisor pursuant to subpoena. (o) Carry out the functions vested in to the Secretary, and final authority (e) Respond to petitions for the Secretary by 49 U.S.C. 40119(b) within the Department on questions of rulemaking or petitions for exemptions (Security and research and development law. The Office of the General Counsel in accordance with 49 CFR 5.13(c) activities), as implemented by 49 CFR provides legal advice to the Secretary (Processing of petitions), and notify part 15 (Protection of Sensitive Security and secretarial offices, and supervision, petitioners of decisions in accordance Information), relating to the coordination, and review of the legal with 49 CFR 5.13(d). determination that information is

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Sensitive Security Information, in assessing the costs and benefits of § 1.31 Assistant Secretary for consultation and coordination with the Departmental regulatory action. Transportation Policy. Office of Intelligence, Security and (v) Approve the initiation of The Assistant Secretary for Emergency Response. regulatory action, as defined in E.O. Transportation Policy provides policy (p) Appear on behalf of the 12866, by Secretarial offices and advice to the Secretary, the Deputy Department on the record in hearing Operating Administrations in the event Secretary, and the Under Secretary. The cases, and initiate and carry out that the Deputy Secretary is absent or Office of the Assistant Secretary for enforcement actions on behalf of the otherwise unavailable to exercise such Transportation Policy is responsible for: Department, under the authority authority (see § 1.23(h)). public policy development, transferred to the Department from the coordination, and evaluation for all Civil Aeronautics Board as described in § 1.27a Delegations to the Career Deputy aspects of transportation, except in the §§ 1.25 and 1.25a (delegations to and General Counsel. areas of aviation and international redelegations by the Under Secretary), The career Deputy General Counsel is affairs, with the goal of making the and 1.99 (RITA). This includes the delegated authority to: Nation’s transportation resources authority to compromise penalties (a) Serve as the Department’s function as an integrated national under 49 U.S.C. 46301 (civil penalties); Designated Agency Ethics Official in system; evaluation of private to issue appropriate orders, including accordance with 5 CFR 2638.202; transportation sector operating and cease and desist orders, under 49 U.S.C. economic issues; evaluation of public (b) Serve as the Department’s Dispute 46101 (complaints and investigations); transportation sector operating and Resolution Specialist pursuant to and to require the production of economic issues; regulatory and section 3(b) of the Alternative Dispute information, under 49 U.S.C. 41708, legislative initiatives and review; Resolution Act of 1996, Public Law enter carrier property and inspect energy, environmental, disability, and 104–320, 5 U.S.C. App.; and records, under 49 U.S.C. 41709, and safety policy and program development inquire into the management of the (c) Serve as the Department’s Chief and review; and transportation business of a carrier under 49 U.S.C. FOIA Officer under 5 U.S.C. 552(j). infrastructure assessment and review. 41711 (Air carrier management inquiry § 1.27b Delegations to the Assistant For delegations to the Assistant and cooperation with other authorities), General Counsel for General Law. Secretary for Transportation Policy, see as appropriate to the enforcement § 1.25a(a). responsibilities. In the event that such The Assistant General Counsel for General Law is delegated authority to § 1.32 Assistant Secretary for Aviation and an enforcement matter comes before the International Affairs. Secretary of Transportation for serve as the Department’s Alternate The Office of the Assistant Secretary adjudication, the Deputy General Agency Ethics Official in accordance for Aviation and International Affairs is Counsel shall advise the Secretary. with 5 CFR 2638.202. responsible for policy development, (q) Initiate and carry out enforcement § 1.30 Assistant Secretaries. coordination, and evaluation of issues actions relating to: (a) In performing their functions, the involving aviation, as well as (1) Foreign airport security on behalf Assistant Secretaries are responsible for international issues involving all areas of the Department under 49 U.S.C. continuing liaison and coordination of transportation; private sector 44907; and among themselves and with the evaluation; international transportation (2) The Consumer Credit Protection Operating Administrations to: and transport-related trade policy and Act under section 4(a)(5) of the Civil (1) Avoid unnecessary duplication of issues; regulatory and legislative Aeronautics Board Sunset Act of 1984 initiatives and review of maritime/ (Pub. L. 98–443) [15 U.S.C. 1607(a)(4), effort by or in conflict with the performance of similar activities by the shipbuilding policies and programs; 1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)]. transport-related trade promotion; (r) Administer 5 U.S.C. 552 (FOIA) Operating Administrations and the other Assistant Secretaries pursuant to coordination of land transport relations and 49 CFR part 7 (Public Availability with Canada and Mexico; economic of Information) in connection with the their Secretarial delegations of authority or other legal authorities; and regulation of the airline industry while records of the Office of the Secretary placing maximum reliance on market and issue procedures to ensure uniform (2) Assure that the views of the Operating Administrations are forces and on actual and potential departmental implementation of statutes competition; the essential air service and regulations regarding public access considered in developing departmental policies, plans, and proposals. The program and other rural air service to records. programs; and, in coordination with the (s) Prepare reports by carriers on Assistant Secretaries are also available to assist, as appropriate, the Operating FAA, promotion of the aerospace incidents involving animals during air industry. For delegations to the transport pursuant to 49 U.S.C. 41721. Administrations in implementing departmental policy and programs. As Assistant Secretary for Aviation and (t) Exercise authority vested in the International Affairs, see § 1.25a(b). Secretary by the Federal Civil Penalties primary staff advisors to the Secretary, Inflation Adjustment Act of 1990 (Pub. the Assistant Secretaries are concerned § 1.33 Assistant Secretary for Budget and L. 101–410, 104 Stat. 890), as amended with transportation matters of the Programs and Chief Financial Officer. by the Debt Collection Improvement Act broadest scope, including modal, (a) The Assistant Secretary for Budget of 1996 (Pub. L. 104–134, 110 Stat. intermodal, and other matters of and Programs is the principal budget 1321), to promulgate rules that adjust Secretarial interest. and financial advisor to the Secretary civil penalties with respect to aviation (b) There are exceptions to the normal and serves as Chief Financial Officer enforcement. staff role described in paragraph (a) of (CFO) for the Department. The Assistant (u) In coordination with the Under this section. In selected instances, the Secretary for Budget and Programs and Secretary, to carry out the duties of the Secretary has specifically delegated to CFO provides oversight and policy Secretary under Executive Orders 12866 Assistant Secretaries authority which guidance for all budget, financial and 13563 to establish the value of they may exercise on the Secretary’s management, program performance, and statistical life in connection with behalf. internal control activities of the

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Department and its Operating Management, and the Office of the CFO Management Improvement Act of 1996 Administrations. for the Office of the Secretary. (31 U.S.C. 3512 note). (b) The Assistant Secretary for Budget (c) Direct and manage the (o) Exercise the Secretary’s authority and Programs and CFO concurs in the Departmental planning, evaluation, under Federal Managers’ Financial appointment and promotion of Chief budget, financial management, and Integrity Act of 1982 (FMFIA) (31 U.S.C. Financial Officers, Budget Officers, and internal control activities. 3512 note). Directors of Finance of the Department (d) Exercise oversight and provide (p) Exercise the Secretary’s authority and its Operating Administrations, and exclusive policy guidance to the under the Accounting and Auditing Act participates with each Administrator in Enterprise Services Center (ESC) of 1950 (31 U.S.C. 3512), as amended by the performance reviews of Chief regarding all financial management FMFIA. Financial Officers, Budget Officers, and activities conducted by ESC and (q) Exercise the Secretary’s authority Directors of Finance in each of the financial systems operated by ESC. This under the Government Performance and Operating Administrations. authority includes concurrence with Results Act (GPRA) (Pub. L. 103–623) (c) The Assistant Secretary for Budget any organizational changes within the (1993). and Programs and CFO, in consultation Federal Aviation Administration that (r) Exercise the Secretary’s authority with the Chief Information Officer, may may affect financial management under the Accountability of Tax Dollars designate any information technology operations of the ESC. Act of 2002, 31 U.S.C. 3515. (s) Exercise the Secretary’s authority system as a financial management (e) Request apportionment or under the Government Management system under the CFO’s policy and reapportionment of funds by the Office Reform Act of 1994 (GMRA) (Pub. L. oversight area of responsibility. of Management and Budget, provided 103–356). (d) The Assistant Secretary for Budget that no request for apportionment or and Programs and CFO serves as the reapportionment which anticipates the § 1.35 Assistant Secretary for Vice Chair of the Department’s Credit need for a supplemental appropriation Governmental Affairs. Council. The Office of the Assistant shall be submitted to the Office of The Assistant Secretary for Secretary supports the Department’s Management and Budget without Governmental Affairs serves as the Credit Council by analyzing appropriate certification by the Department’s primary point of contact applications for the Department’s Secretary. for Congressional offices, as well as various credit programs. The CFO also (f) Issue allotments or allocations of State and locally elected officials; works oversees the TIFIA program and the funds to components of the Department. with other departmental offices to TIFIA Joint Program Office on behalf of (g) Authorize and approve official ensure that Congressional mandates are the Secretary, including the evaluation travel and transportation for staff fully implemented by the Department; of individual projects, and provides members of the Immediate Office of the and works with the White House, other overall policy direction and program Secretary including authority to sign Federal agencies, and Congress to fulfill decisions for the TIFIA program. and approve related travel orders and the Department’s legislative priorities. (e) The Office of the Assistant travel vouchers, but not including The Assistant Secretary coordinates Secretary for Budget and Programs and requests for overseas travel. congressional and intergovernmental CFO is responsible for preparation, (h) Issue monetary authorizations for activities with governmental affairs review, and presentation of Department use of reception and representation offices in the Operating budget estimates; liaison with the Office funds. Administrations. The Assistant of Management and Budget and (i) Act for the Secretary and Deputy Secretary participates with each Congressional Budget and Secretary with respect to certain Administrator in the performance Appropriations Committees; preparation budgetary and administrative matters reviews of the Operating of the Department’s annual financial relating to the Immediate Office of the Administrations’ Directors of statements; departmental financial Secretary. Governmental Affairs. The Assistant plans, apportionments, (j) Exercise the Secretary’s authority Secretary supervises the Deputy reapportionments, reprogrammings, and under 31 U.S.C. 3711 to collect, Assistant Secretary for Tribal allotments; program and systems compromise, suspend collection action Government Affairs who plans and evaluation and analysis; program on, or terminate claims of the United coordinates the Department’s policies evaluation criteria; program resource States not exceeding $100,000 and programs with respect to Indian plans; analysis and review of legislative (excluding interest) which are referred tribes and tribal organizations. proposals and one-time reports and to, or arise out of the activities of, the studies required by Congress; and Office of the Secretary (excluding claims § 1.36 Delegations to the Assistant Secretary for Governmental Affairs. budget and financial management pertaining to the Working Capital relating to the Office of the Secretary. Fund). The Assistant Secretary for Governmental Affairs is delegated § 1.34 Delegations to the Assistant (k) Exercise the Secretary’s authority under the Improper Payments authority to: Secretary for Budget and Programs and (a) Establish procedures for Chief Financial Officer. Elimination and Recovery Act of 2010 responding to Congressional (Pub. L. 111–204) (33 U.S.C. 3301 note). The Assistant Secretary for Budget correspondence; and and Programs and CFO is delegated (l) Exercise the Secretary’s authority (b) Supervise the Deputy Assistant authority to: under the Improper Payments Secretary for Tribal Government Affairs. (a) Serve as the Department’s Chief Information Act of 2002 (Pub. L. 107– Financial Officer pursuant to 31 U.S.C. 300) (31 U.S.C. 3321 note). § 1.37 Assistant Secretary for 901 (Establishment of Agency Chief (m) Exercise the Secretary’s authority Administration. Financial Officers). under the Recovery Auditing Act The Assistant Secretary for (b) Exercise day-to-day operating (Section 831, Defense Authorization Act Administration is the principal advisor management responsibility over the for FY 2002 (Pub. L. 107–107). to the Secretary and Deputy Secretary Office of Budget and Program (n) Exercise the Secretary’s authority on Department-wide administrative Performance, the Office of Financial under the Federal Financial matters. The Assistant Secretary for

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Administration serves as the Designated Deputy Secretary normally required by (3) Waive claims and make refunds in Agency Safety and Health Official. The departmental procedures implementing connection with claims of the United Office of the Assistant Secretary for general employment limitations when States for erroneous Working Capital Administration’s responsibilities in the judgment of the Assistant Fund (WCF) payments of pay and include: strategic management of human Secretary immediate action is necessary allowances or of travel, transportation, capital; monitoring the progress of to effect the hire and avoid the loss of and relocation expenses and allowances departmental offices related to a well-qualified job applicant, and for to a WCF employee of the Office of the sustainability goals; controls and similar reasons. Secretary in amounts aggregating not standards to ensure that procurement (4) Review proposals of the Office of more than $1,500 without regard to any and financial assistance programs are in the Secretary for each new appointment repayments, and deny requests for accord with good business practice; or transfer to verify the essentiality of waiver of such claims regardless of the follow-up and resolution of Government the position. aggregate amount of the claim, as Accountability Office and Inspector (5) Approve employment of experts provided by 4 CFR parts 91, 92, and 93. General audit reviews; information and consultants in accordance with 5 This authority may be redelegated only resource management; property U.S.C. 3109. to the Director of Financial management information; facilities; and (6) Provide policy and overall Management. security. The Assistant Secretary for direction in the execution of the DOT (4) Compromise, suspend collection Administration is responsible for Labor-Management Relations Program, action on, or terminate claims of the recommending performance objectives including issuing final interpretations United States not exceeding $100,000 for the Operating Administrations’ for the Department and its Operating (excluding interest) which are referred Directors of Human Resources. Administrations on matters arising to, or arise out of the activities of, the under section 7117 of title VII of the Working Capital Fund. § 1.38 Delegations to the Assistant (5) Oversee the Working Capital Fund Secretary for Administration. Civil Service Reform Act of 1978. (7) Develop and operate the Federal for the Office of the Secretary, The Assistant Secretary for Employee Workplace Drug and Alcohol established by 49 U.S.C. 327. Administration is delegated authority Testing Program in accordance with (6) Oversee a mass transportation and for the following: Executive Order 12564 and The vanpool transportation fringe benefit (a) Acquisition. (1) Exercise Omnibus Transportation Employee program under Executive Order 13150. procurement authority with respect to (e) Special funds. Except as otherwise Testing Act of 1991, Public Law 102– requirements of the Office of the delegated, establish or operate, or both, 143, Title V. Secretary. such special funds as may be required (8) Serve as the Chief Human Capital (2) Make the required determinations by statute or by administrative Officer: with respect to mistakes in bids relative determination. This excludes the (i) Oversee, direct, and execute all to sales of personal property conducted Working Capital Fund (49 U.S.C. 327). by the Office of the Secretary without authorities included in the Chief Human (f) Security. (1) Serves as the agency power of redelegation. Capital Officers Act of 2002 (5 U.S.C. representative appointed by the (3) Carry out the functions vested in 1401 et seq.); and Secretary of Transportation to the Secretary by sections 3 and 4(b) (as (ii) Advise the Secretary on the participate on the Interagency Security appropriate) of Executive Order 11912 Department’s human capital needs and Committee in accordance with (energy conservation). obligations, and to implement all related Executive Order 12977, to establish (4) Carry out the functions delegated rules and regulations of the President policies for the security in and to the Secretary from time to time by the and the Office of Personnel protection of Federal facilities. Administrator of General Services to Management, and all laws government (2) Represents the department on the lease real property for Department use. human resource management as White House Communications Agency (5) Carry out the duties and delineated in the Federal Workforce Principal Communications Working responsibilities of agency head for Improvement Act of 2002. Group and the Department of State departmental procurement within the (c) Sustainability. Responsible for Overseas Security Policy Board. meaning of the Federal Acquisition ensuring that the Department meets its (3) Conducts an internal security Regulation. This authority as agency sustainability goals pursuant to the management program for the head for departmental procurement Energy Independence and Security Act Department of Transportation with excludes duties, responsibilities, and (EISA) of 2007 (Pub. L. 110–140); the authority to take, direct others to take, powers expressly reserved for the Energy Policy Act of 2005 (Pub. L. 109– recommend, or approve security actions Secretary of Transportation. 58); E.O. 13514 (Federal Leadership in with respect to such authorities related (6) Serve as Deputy Chief Acquisition Environmental, Energy, and Economic to personnel security, physical security, Officer. Performance); and E.O. 14323 technical security, and classified and (7) Provide departmental guidance on (Strengthening Federal Environmental, sensitive information management. grants, cooperative agreements, loans, Energy, and Transportation (4) Issues identification media as and other transactions. Management). directed by Homeland Security (b) Personnel. (1) Conduct a personnel (d) Finance. (1) Administer the Presidential Directive 12, ‘‘Policy for management program for the Office of financial and fiscal affairs of the Office Common Identification Standard for the Secretary of Transportation, with of the Secretary (other than those for Federal Employees and Contractors’’ authority to take, direct others to take, which the Assistant Secretary for and other identification media recommend or approve any personnel Budget and Programs and CFO is (including credentials, passports and action with respect to such authority. responsible), in accordance with 31 visas) by direction of the Secretary. (2) Serve as Vice Chairman of the U.S.C. 3512. (5) Manages the Department’s Departmental Executive Resources (2) Settle and pay claims by classified information program as Board. employees of the Office of the Secretary directed by Executive Order 13526, (3) Exercise emergency authority to for personal property losses, as provided ‘‘Classified National Security hire without the prior approval of the by 31 U.S.C. 241(b). Information.’’

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(6) Takes certain classified actions on Department’s occupational safety and (c) The Director of Financial behalf of the Department in connection health program. Management is redelegated the with technical counter-surveillance (n) Senior Real Property Officer. Serve authority to: programs as required by Executive as the Senior Real Property Officer for (1) Designate to the Treasury Order 13526, ‘‘Classified National the Department pursuant to Executive Department certifying officers and Security Information.’’ Order 13327, Federal Real Property designated agents for the Office of the (7) In conjunction with the Office of Asset Management (as amended), and Secretary and imprest fund cashiers for Security, Intelligence and Emergency chair the Departmental Real Property the Departmental Headquarters. Response, and the Office of the General Planning Council. (2) Certify to the validity of Counsel, carries out the functions vested (o) Telework Managing Officer. Serve obligations as required by 31 U.S.C. 200 in the Secretary by 49 U.S.C. 40119(b), as the Telework Managing Officer and to the adequacy of bond coverage as implemented by 49 CFR part 15, pursuant to 5 U.S.C. 6505. for the designations under section related to the protection of information 160(c)(2). designated as Sensitive Security § 1.38a Redelegations by the Assistant (3) Sign reports on Budget Execution Information. Secretary for Administration. as required by OMB Circular A–34 (8) Ensure Department-wide (a) The Director, Office of the Senior (Revised). compliance with Executive Orders Procurement Executive is redelegated (4) Review and approve for payment 12968 as amended, 13467, 13488, the authority to: any voucher for $25 or less the authority 13526, 13556, and related regulations (1) Carry out the duties and for payment of which is questioned by and issuances. responsibilities of agency head for a certifying or disbursing officer. (g) Printing. (1) Request approval of departmental procurement within the (5) Process essential air service the Joint Committee on Printing, meaning of the Federal Acquisition payments. Congress of the United States, for any Regulation except for those duties (6) Approve claims of WCF employees procurement or other action requiring expressly reserved for the Secretary of allowable under 31 U.S.C. 3721 for Committee approval. Transportation. amounts of $500 or less. (2) Certify the necessity for (2) Carry out the functions of the § 1.39 Executive Secretariat. departmental periodicals and request Chief Acquisition Officer (CAO) except The Executive Secretariat provides approval of the Director of the Office of for those functions specifically reserved organized staff services to the Secretary Management and Budget (OMB Circular for the Deputy Secretary. In carrying out and Deputy Secretary to assist them in No. A–3 Revised as of Sept. 8, 1960). these functions and in support of carrying out their management (h) Building management. Carry out requirements under Services functions and their responsibilities for the functions vested in the Secretary by Acquisition Reform Act (SARA), formulating, coordinating and sections 1(c) and 4(b) (as appropriate) of enacted as part of the National Defense communicating major policy decisions. Executive Order 11912 (energy Authorization Act for 2004—Public Law The Office controls and coordinates conservation). 108–136, the Senior Procurement internal and external material directed (i) Hearings. Provide logistical and Executive (SPE) is expected to interact to the Secretary and Deputy Secretary administrative support to the directly, and without intervening and ensures that their decisions and Department’s Office of Hearings. authority, with the CAO on issues (j) Federal real property management. instructions are implemented. related to strategic acquisition policy, Carry out the functions assigned to the implementation, and management. The Secretary with respect to Executive § 1.40 Departmental Office of Civil Rights. nature and frequency of interactions Order 13327, as amended. The Departmental Office of Civil (k) The Uniform Act. Carry out the with the CAO will be determined Rights serves as the Department’s Equal functions, powers, and duties of the mutually between the SPE and the CAO. Employment Opportunity (EEO) Officer Secretary to implement the Uniform Act (3) Procure and authorize payment for and Title VI Coordinator. The Director (42 U.S.C. Chapter 61) with respect to property and services for the Office of also serves as principal advisor to the programs administered by the Office of the Secretary, with power to re-delegate Secretary and the Deputy Secretary on the Secretary. This authority is subject and authorize successive re-delegations. the civil rights and nondiscrimination to the requirements listed in § 1.81 that (b) The Director of Human Resources statutes, regulations, and Executive govern all Operating Administrations’ Management is redelegated the Orders applicable to the Department, authority with respect to the Uniform authority to: including titles VI and VII of the Civil Act. (1) Develop and oversee human Rights Act of 1964, as amended, the Age (l) Regulations. Issue Departmental resource policies for the Department of Discrimination in Employment Act of procurement regulations, subject to Transportation, including concurrence 1967, as amended, the Age coordination with the General Counsel in the appointment and promotion of all Discrimination Act of 1975, as and interested Operating HR Directors in each Operating amended, section 504 of the Administrations. In commenting upon Administration and participation with Rehabilitation Act of 1973, as amended, proposed provisions for the each Administrator in the performance the Americans with Disabilities Act of procurement regulations, the Operating reviews of HR Directors. 1990, the Equal Pay Act of 1963, the Administrations will indicate the nature (2) Conduct a personnel management ADA Amendments Act of 2008, and the and purpose of any additional program for the Office of the Secretary Genetic Information Nondiscrimination implementing or supplementing policy with authority to take, direct others to Act of 2008. The Departmental Office of guidance which they propose to issue at take, recommend or approve any Civil Rights provides guidance to the the Operating Administration level. personnel action with respect to such Operating Administrations and (m) Designated Agency Safety and authority. Secretarial officers on these matters. The Health Official. Serve as the Designated (3) Develop, coordinate, and issue Office periodically reviews and Agency Safety and Health Official under wage schedules for Department evaluates the civil rights programs of the 29 CFR 1960.6(a) to represent the employees under the Federal Wage Operating Administrations to ensure interest of, and support, the System. that recipients of financial assistance

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meet applicable Federal civil rights (nondiscrimination in mass § 1.45 Delegations to the Director of the requirements. transportation), 41705 (discrimination Office of Intelligence, Security and by air carriers against handicapped Emergency Response. § 1.41 Delegations to the Director of the The Director of Intelligence, Security, Departmental Office of Civil Rights. persons), 47113 (minority and disadvantaged business participation), and Emergency Response is delegated The Director of the Departmental and 47123 (nondiscrimination in airport authority to: Office of Civil Rights is delegated (a) Carry out the functions related to authority to conduct all stages of the improvement programs). emergency preparedness and response formal employment discrimination (p) 23 U.S.C. 140, 324, and vested in the Secretary by the following complaints process (including 402(b)(1)(D) (nondiscrimination in authorities: 49 U.S.C. 101 and 301; the acceptance/dismissal, investigation, and highway programs). Defense Production Act of 1950, 50 final adjudication); to provide guidance (q) The Intermodal Surface U.S.C. App. 2061 et seq., as such to the Operating Administrations and Transportation Efficiency Act of 1991, authorities are delegated to the Secretarial officers concerning the Public Law 102–240, 105 Stat. 1919, Department under Executive Order 13603, National Defense Resource implementation and enforcement of all section 1003. civil rights laws, regulations and Preparedness; Executive Order 12148, Executive Orders for which the § 1.42. Office of Small and Disadvantaged as amended, Federal Emergency Department is responsible; to otherwise Business Utilization. Management; Executive Order 12656, perform activities to ensure compliance Assignment of Emergency Preparedness with external civil rights programs; and The Director of the Office of Small Responsibilities (as amended; see E.O. to review and evaluate the Operating and Disadvantaged Business Utilization 13286); Executive Order 12742, Administrations’ enforcement of these ensures that the Department’s small and National Security Industrial authorities. These authorities include: disadvantaged business policies and Responsiveness; Executive Order 13434, (a) Title VI and VII of the Civil Rights programs are developed in a fair, National Security Professional Act of 1964, 42 U.S.C. 2000d et seq. and efficient, and effective manner. The Development; Reorganization Plan No. 3 2000e et seq. Office is responsible for the of 1978; and such other statutes, (b) Sections 501 and 504 of the Department’s implementation and executive orders, and other directives as Rehabilitation Act of 1973, 29 U.S.C. execution of the functions and duties may pertain to emergency preparedness 791 and 794–794a. under the Small Business Act, and and response. (c) Age Discrimination in providing opportunities, technical (b) Serve as the Department’s Employment Act of 1967, 29 U.S.C. 621 assistance, and financial services to the Continuity Coordinator in accordance et seq. small and disadvantaged business with National Security Presidential (d) Age Discrimination Act of 1975, community. Directive 51/Homeland Security 42 U.S.C. 6101 et seq. Presidential Directive 20, National (e) Americans with Disabilities Act of § 1.43 Delegations to the Director of the Continuity Policy, and Federal 1990, 42 U.S.C. 12101–121213. Office of Small and Disadvantaged Continuity Directives (FCD) 1 Federal (f) ADA Amendments Act of 2008 Business Utilization. Executive Branch National Continuity (Pub. L. 110–325) [42 U.S.C. 12101 The Director of Small and Program and Requirements and FCD 2 Note]. Disadvantaged Business Utilization is Federal Executive Branch Mission (g) Genetic Information Essential Function and Primary Mission delegated authority to: Nondiscrimination Act of 2008, 42 Essential Function Identification and U.S.C. 2000ff et seq. (a) Exercise departmental Submission Process. Provide leadership (h) Equal Pay Act of 1963, 29 U.S.C. responsibility for the implementation for departmental programs pertaining to 206(d). and execution of functions and duties intelligence related to the transportation (i) Alcohol, Drug Abuse, and Mental under sections 2[8] and 2[15] of the sector, transportation security policy, Health Administration Reorganization Small Business Act (Public Law 85–836) and civil transportation emergency Act (Pub. L. 102–321) [15 U.S.C. 637 and 644]. preparedness and response activities. (j) Chapter XIV of Subtitle B, of Title (b) Carry out the functions vested in (c) Lead departmental collaboration 29 of the CFR (Equal Employment the Secretary by 49 U.S.C. 332 (Minority efforts with the Department of Opportunity Commission Regulations). Homeland Security and other Resource Center). (k) Title VIII of the Civil Rights Act of Departments and Agencies related to 1968 (Pub. L. 90–284) [42 U.S.C. 3601 § 1.44 Office of Intelligence, Security and transportation security and et seq]. Emergency Response. transportation infrastructure protection (l) 40 U.S.C. 476 (prohibition on sex as required by Homeland Security discrimination). The Director of the Office of Presidential Directive 7, Critical (m) Title IX of the Education Intelligence, Security and Emergency Infrastructure Identification, Amendments of 1972, 20 U.S.C. 1681. Response is responsible for the Prioritization, and Protection. (n) In coordination with the Assistant development, coordination, and (d) Together with the Assistant Secretary for Transportation Policy, execution of plans and procedures for Secretary for Administration, carry out Executive Order No. 12898, Federal the Department to balance oversight and management of the duties Actions to Address Environmental transportation security requirements pertaining to national security Justice in Minority Populations and with the safety, mobility and economic professional development assigned to Low-Income Populations (See also E.O. needs of the Nation through effective the Secretary under Executive Order 12948). intelligence, security, preparedness and 13434, National Security Professional (o) 49 U.S.C. 306 (prohibition on emergency response programs. The Development. discrimination in programs receiving Director is the Department’s principal (e) Together with the Office of the financial assistance), 5310 Emergency Coordinator for the Assistant Secretary for Aviation and (transportation for elderly persons and implementation of these programs. International Affairs, coordinate the persons with disabilities), 5332 Department’s responsibilities under

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National Security Presidential Directive pertains to the DOT classified networks, Management Act of 2002 (44 U.S.C. 44, Management of Interagency Efforts and coordinate intelligence matters 3534 and 3544); Concerning Reconstruction and throughout the department. Nothing in (e) To serve as the Chief Privacy Stabilization, and Presidential Decision this provision is intended to prohibit or Officer under the Privacy Act, 5 U.S.C. Directive 56, Managing Complex limit a component’s ability to conduct 552a (note; see Pub. L. 108–447) and to Contingency Operations, pertaining to intelligence activities authorized by law. administer the Privacy Act and 49 CFR interagency reconstruction and § 1.46 Office of Public Affairs. part 10 (Maintenance of and Access to stabilization assistance. Records Pertaining to Individuals) in (f) Lead departmental efforts The Director of Public Affairs is the connection with the records of the pertaining to transportation-related principal advisor to the Secretary and Office of the Secretary; international civil emergency Secretarial Officers on public affairs issues. The Office of Public Affairs (f) Necessary to issue notices of preparedness activities, including Department of Transportation systems coordinating DOT representation on prepares news releases and supporting media materials, and maintains a new of records as required by the Privacy North Atlantic Treaty Organization Act; and committees, as directed under Executive media presence. The Office also Order 12656 (as amended; see E.O. provides information to the Secretary on (g) Assigned to the Secretary with 13286). opinions and reactions of the public and respect to the Federal Records Act (44 (g) Carry out the functions vested in news media on programs and U.S.C. 3101–3102) and necessary to the Secretary by 49 U.S.C 40119(b), as transportation issues. The Office of ensure compliance with the regulations implemented by 49 CFR part 15, related Public Affairs is responsible for the of the National Archives and Records to the designation of information as supervision, coordination, and review of Administration (36 CFR 1220 et seq.; 44 Sensitive Security Information. the activities of the public affairs offices U.S.C. Chapters 21, 29, 31, and 33), in (h) Oversee the Department’s within the Operating Administrations. coordination with the General Counsel. protective service program. § 1.50 Office of Drug & Alcohol Policy & (i) Serve as the Secretary’s § 1.47 Delegations to the Assistant to the Secretary and Director of Public Affairs. Compliance. representative to the Transportation Security Oversight Board, in accordance The Assistant to the Secretary and The Office of Drug & Alcohol Policy with 49 U.S.C 115, when so designated. Director of Public Affairs is delegated & Compliance advises the Secretary on (j) Lead Departmental participation in authority to: national and international drug testing internal and interagency planning (a) Monitor the overall public and control issues and is the principal efforts related to preparedness in information program and review and advisor to the Secretary on rules related accordance with Presidential Policy approve departmental informational to the drug and alcohol testing of safety- Directive 8, National Preparedness. materials having policy-making sensitive transportation employees in (k) Serve as the Secretary’s senior ramifications before they are printed aviation, trucking, railroads, mass advisor on matters pertaining to public and disseminated. transit, pipelines, and other health, biological, and medical matters. (b) Carry out the functions to promote transportation industries. The Office, in (l) Develop departmental plans to carpooling and vanpooling transferred coordination with the Office of the support the Department of Defense Civil to the Department of Transportation by General Counsel, publishes and Reserve Air Fleet (CRAF) program and section 310 of the Department of Energy provides interpretations of rules related allocate civil air carrier aircraft to CRAF Organization Act of 1977 (Pub. L. 95– to 49 CFR Part 40 on the conduct of based on Department of Defense 91) [42 U.S.C. 7159]. drug and alcohol tests, including how to conduct tests, and which procedures to requirements. § 1.48 Office of the Chief Information (m) Oversee operation of the Officer. use when testing. The Office coordinates with Federal Agencies and Department’s Crisis Management The Chief Information Officer (CIO) is assists foreign governments in Center. the principal information technology (n) Lead departmental efforts for all developing drug and alcohol testing (IT), cyber security, privacy, and records interaction with the Program Manager, programs and implementing the management advisor to the Secretary. Information Sharing Environment to President’s National Drug Control The Office of the CIO supports the include appointing the Associate Strategy. Organizational Excellence Strategic Goal Director for Intelligence as the DOT by providing leadership on all matters Information Sharing Program Manager § 1.60 General Authorizations and associated with the Department’s $3.5 Delegations to Secretarial Officers. to coordinate day-to-day Information billion IT portfolio. Sharing Environment matters. (a) Acting in his or her own name and (o) Carry out departmental § 1.49 Delegations to the Chief Information title, the Under Secretary, the General responsibilities under Executive Order Officer. Counsel, and each Assistant Secretary, 13587, Structural Reforms to Improve The Chief Information Officer is within his or her sphere of the Security of Classified Networks and delegated authority to carry out all responsibility, is authorized to identify the Responsible Sharing and functions and responsibilities: and define the requirements for, and to Safeguarding of Classified Information, (a) Assigned to the Secretary with recommend to the Secretary, new or including overseeing classified respect to the Paperwork Reduction Act revised departmental policies, plans, information sharing and safeguarding of 1995 (44 U.S.C. 3506); and proposals. Each of these officers is efforts for DOT. Oversee the day-to-day (b) Assigned to the Secretary with authorized to issue departmental activities for monitoring the Top Secret respect to the Clinger-Cohen Act of 1996 standards, criteria, systems and and Secret classified network used by (40 U.S.C. 11312 to 11314, and 11317); procedures that are consistent with DOT. (c) Assigned to the Secretary with applicable laws, Executive Orders, (p) Serve as the department’s program respect to the E–Government Act of Government-wide regulations and manager responsible for oversight of all 2002, Public Law 107–347; policies established by the Secretary, intelligence programs, to include the (d) Necessary to ensure compliance and to inspect, review, and evaluate DOT Counterintelligence effort as it with the Federal Information Security departmental program performance and

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effectiveness and advise the Secretary (7) Enter into inter- and intra- administration, or the prevention and regarding the adequacy thereof. departmental reimbursable agreements detection of fraud and abuse; (b) Except for nondelegable statutory other than with the head of another recommends policies for and conducts, duties including those that transfer as a department or agency (31 U.S.C. 686). supervises, or coordinates other result of succession to act as Secretary This authority may be redelegated only activities of the Department for the of Transportation, each Deputy to office directors or other comparable purpose of promoting economy and Assistant Secretary and Deputy General levels and to contracting officers. efficiency in program administration, or Counsel is authorized to act for and (8) Administer and perform the preventing and detecting fraud and perform the duties of his or her functions described in their respective abuse; and keeps the Secretary and the principal in the absence or disability of functional statements. Congress fully and currently informed. the principal and as otherwise directed (9) Exercise the authority of the by the principal. Secretary to make certifications, § 1.72 Structure. (c) The Deputy Secretary, the Under findings and determinations under the This Office is composed of: Secretary, the General Counsel, and the Regulatory Flexibility Act (Pub. L. 96– (a) The Office of the Deputy Inspector Assistant Secretaries for Administration, 354) with regard to any rulemaking General; Budget and Programs, and document for which issuance authority (b) The Office of the Principal Governmental Affairs are delegated is delegated by other sections in this Inspector General for Investigations; part. This authority may be redelegated authority to: (c) The Office of the Principal to those officials to whom document (1) Redelegate and authorize Inspector General for Auditing and issuance authority has been redelegated. successive redelegations of authority Evaluation; granted by the Secretary within their (10) Exercise the authority of the Secretary to resolve informal allegations (d) The Office of the Assistant respective organizations, except as Inspector General for Administration; limited by law or specific administrative of discrimination arising in or relating reservation, including authority to to their respective organizations through (e) The Office of the Assistant publish those redelegations in appendix Equal Employment Opportunity Inspector General for Legal, Legislative A of this part. counseling or the Alternative Dispute and External Affairs; (2) Authorize and approve official Resolution process and to develop and (f) The Office of the Assistant travel (except foreign travel) and implement affirmative action and Inspector General for Aviation and transportation for themselves, their diversity plans within their respective Special Programs; subordinates, and others performing organizations. (g) The Office of the Assistant services for, or in cooperation with, the (11) Exercise the authority vested in Inspector General for Financial and Office of the Secretary. the Secretary by 49 U.S.C. 326(a) and 31 Information Technology Audits; (3) Establish ad hoc committees for U.S.C. 1353 to accept, in an amount not (h) The Office of the Assistant specific tasks within their assigned staff exceeding $1,000 in value and subject to Inspector General for Highway and area. the concurrence of the Designated Transit Audits; (4) Establish, modify, extend, or Agency Ethics Official, the following: (i) The Office of the Assistant terminate standing committees within gifts of property (other than real Inspector General for Rail, Maritime and their specific areas of responsibility property), gifts of services (in carrying Economic Analysis; and when directed or authorized to do so by out aviation duties and powers) or (j) The Office of the Assistant the Secretary. reimbursement of travel expenses from Inspector General for Acquisition and (5) Designate members of interagency non-federal sources. Acceptance of such Procurement Audits. committees when such committees are gifts or travel reimbursement exceeding specifically concerned with $1,000 in value or those that are § 1.73 Authority of Inspector General. responsibilities of direct interest to their otherwise significant may only take The Inspector General shall report to office. place with the additional concurrence of and be under the general supervision of (6) Exercise the following authorities the General Counsel. This delegation the Secretary and Deputy Secretary. The with respect to positions in the Senior extends only to the acceptance of gifts Inspector General has such authority as Executive Service and Senior Level or travel expenses and does not is provided by the Inspector General Act within their respective areas of authorize the solicitation of gifts, which of 1978, as amended, and as is responsibility: is reserved to the Secretary at 49 CFR otherwise provided by law. Authorities (i) Determine how executive level 1.21. provided to the Inspector General by positions will be filled; i.e., by Subpart C—Office of Inspector General law are reserved to the Inspector reassignment, promotion, or General. In accordance with the appointment. § 1.70 Overview. statutory intent of the Inspector General (ii) Establish selection criteria to be This subpart describes the key Act to create an independent and used in identifying eligible candidates. responsibilities of the Office of objective unit, the Inspector General is (iii) Confer with the Administrators Inspector General, the structure of the authorized to make such investigations on selection criteria and candidates for office, and the authority of the Inspector and reports relating to the an executive level position that is a General. administration of the programs and counterpart of an activity or position in operations of the Department as are, in the Office of the Secretary. § 1.71 Key responsibilities. the judgment of the Inspector General, (iv) Recommend final selection for The Inspector General conducts, necessary and desirable. Neither the executive level positions, subject to supervises, and coordinates audits and Secretary nor the Deputy Secretary shall review by the Executive Committee of investigations; reviews existing and prevent or prohibit the Inspector the Departmental Executive Resources proposed legislation and makes General from initiating, carrying out, or Board and approval by the Secretary recommendations to the Secretary and completing any audit or investigation, and the Office of Personnel Congress concerning their effect on the or from issuing any subpoena during the Management. economy and efficiency of program course of any audit or investigation.

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§ 1.74 Delegations to Inspector General. government for personal property department, under any statute, The Inspector General is delegated damage or loss). Executive Order or regulation. authority to: (j) Review and approve for payment (3) Exercise the authority vested in (a) Redelegate and authorize any voucher for $25 or less the authority the Secretary to prescribe regulations successive redelegations of authority for payment of which is questioned by under 49 U.S.C. 322(a) with respect to granted by the Secretary within the a certifying or disbursing officer. statutory provisions for which authority Office of Inspector General, except as (k) Request the Attorney General, after is delegated by other sections in this limited by law or specific administrative the concurrence of the General Counsel, part. reservation. to approve the award, compromise, or (4) Carry out the functions of the (b) Authorize and approve official settlement of any tort claim for an Secretary concerning environmental travel, including foreign travel and amount exceeding $100,000 (excluding enhancement by 49 U.S.C. 303 (Duties transportation for themselves, their interest) (28 U.S.C. 2672). of the Secretary of Transportation: subordinates, and others performing (l) Compromise, suspend collection Policy on lands, wildlife and waterfowl services for, or in cooperation with, the action on, or terminate claims of the refuges, and historic sites) and 23 U.S.C. Office of the Secretary. United States not exceeding $100,000 138 as they relate to matters within the (c) Exercise the authority of the (excluding interest) that are referred to, primary responsibility of each Operating Secretary to resolve informal allegations or arise out of the activities of the Office Administration. of Inspector General. of discrimination arising in or relating (5) Carry out the functions of the (m) Compromise, suspend collection to the Inspector General through Equal Secretary under the National Employment Opportunity counseling or action on, or terminate tort claims against the United States not exceeding Environmental Policy Act of 1969 (42 the Alternative Dispute Resolution U.S.C. 4321 et seq.), section 176(c) of process and to develop and implement $100,000 (excluding interest) that are referred to, or arise out of the activities the Clean Air Act (42 U.S.C. 7506(c)), affirmative action and diversity plans. and related environmental laws as they (d) Exercise the authority vested in of the Office of Inspector General relate to matters within the primary the Secretary by 49 U.S.C. 326(a) to provided that when the Inspector responsibility of each Operating accept gifts of property (other than real General believes that a claim against the Administration. property) or services (in carrying out United States presents a novel question (6) Carry out the functions of the aviation duties and powers), and the of law or of policy, he or she shall Secretary under section 106 of the authority to accept travel coordinate with the General Counsel to Historic Preservation Act of 1966, 16 reimbursements from non-federal obtain the advice of the Assistant U.S.C. 470f, as they relate to matters sources under 31 U.S.C. 1353. Attorney General in charge of the Civil (e) The implied authority to solicit Division; and provided further that within the primary responsibility of gifts associated with 49 U.S.C. 326(a), whenever he or she settles any each Operating Administration. notwithstanding the reservation of administrative claim against the United (7) Administer FOIA and 49 CFR part authority to the Secretary in section States for an amount in excess of 7 (Public Availability of Information) in 1.21. $50,000, the Inspector General shall connection with the records of the (f) Carry out the emergency prepare a memorandum fully explaining Operating Administration. preparedness functions assigned to the the basis for the action taken and (8) Administer the Privacy Act, 5 Secretary by Executive Order 12656 (as coordinate with the General Counsel U.S.C. 552a and 49 CFR part 10 amended; see E.O. 13286) and by the before sending a copy of the (Maintenance of and Access to Records Federal Emergency Management Agency memorandum to the Director, Federal Pertaining to Individuals) in connection and General Services Administration Torts Claims Act Staff, Torts Branch of with the records of the Operating (FEMA and GSA) as they pertain to the the Civil Division, U.S. Department of Administration. Office of Inspector General, including Justice. (9) Make written requests under those relating to continuity of (n) Make written requests under subsection (b)(7) of the Privacy Act for operations, emergency resource subsection (b)(7) of the Privacy Act, 5 records maintained by other agencies management, and training. U.S.C. 552a(b)(7), for records that are necessary to carry out an (g) Determine the existence and maintained by other agencies that are authorized law enforcement activity. amount of indebtedness and the method necessary to carry out an authorized law (10) Carry out the emergency of collecting repayments from enforcement activity. preparedness functions assigned to the employees and members within the Secretary by Executive Order 12656, (as Office of Inspector General and collect Subpart D—Operating Administrations amended; see E.O. 13286) and by the repayments accordingly, as provided by § 1.80 Overview. Federal Emergency Management Agency and General Services Administration 5 U.S.C. 5514. This subpart sets forth the key (FEMA and GSA) as they pertain to his (h) Waive claims and make refunds in responsibilities of the Operating or her administration, including those connection with claims of the United Administrations, and the delegations of relating to continuity of operations, States for erroneous payment of pay and authority from the Secretary of emergency resource management, allowances or of travel, transportation, Transportation to the Administrators. and relocation expenses and allowances associated Federal claimant procedures, in amounts aggregating not more than § 1.81 Delegations to all Administrators. facilities protection and warfare effects $1,500 without regard to any (a) Except as prescribed by the monitoring and reporting, research, repayments, and deny requests for Secretary of Transportation, each stockpiling, financial aid, and training. waiver of such claims regardless of the Administrator is authorized to: (11) Enter into inter- and aggregate amount of the claim, as (1) Exercise the authority of the intradepartmental reimbursable provided by 4 CFR parts 91, 92, and 93. Secretary over and with respect to any agreements other than with the head of (i) Settle and pay claims by employees personnel within their respective another department or agency. This for personal property losses as provided organizations. authority may be redelegated only to by 31 U.S.C. 3721 (Claims of personnel (2) Exercise the authority of the Office Directors, Regional Directors, of agencies and the District of Columbia Secretary as executive head of a District Commanders or other

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comparable levels and Contracting (18) Exercise the authority of the for employees in DOT-regulated Officers. Secretary to make certifications, industries while on mine property. The (12) Determine the existence and findings and determinations under the General Counsel shall concur in each amount of indebtedness and the method Regulatory Flexibility Act (5 U.S.C. 601, memorandum of agreement with MSHA of collecting repayments from et seq. with regard to any rulemaking prior to its execution by the employees within their respective document for which issuance authority Administrator of the Operating administrations and collect repayments is delegated by other sections in this Administration concerned. accordingly, as provided by 5 U.S.C. part. This authority may be redelegated (25) Exercise the authority vested in 5514. Redelegation of this authority may to those officials to whom document the Secretary by Section 329A of the be made only to the principal officials issuance authority has been delegated. Department of Transportation and responsible for financial management or (19) Carry out the functions vested in Related Agencies Appropriations Act, such officials’ principal assistants. the Secretary by 15 U.S.C. 3710(a), 1995, Public Law 103–331, 329A, 108 (13) Waive claims and make refunds which authorizes agencies to permit Stat. 2471, 2493 (September 30, 1994), in connection with claims of the United their laboratories to enter into to enter into grants, cooperative States for erroneous payment of pay and cooperative research and development agreements, and other transactions with allowances or of travel, transportation, agreements. any person, agency, or instrumentality and relocation expenses and allowances (20) Request the Attorney General, of the United States, any unit of state or in amounts aggregating not more than after the concurrence of the General local government, any educational $1,500 without regard to any Counsel, to approve the award, institution, and any other entity in repayments, and deny requests for compromise, or settlement of any tort execution of the Technology waiver of such claims regardless of the claim for an amount exceeding $100,000 Reinvestment Project authorized under aggregate amount of the claim, as (excluding interest) (28 U.S.C. 2672). the Defense Conversion, Reinvestment, (21) Compromise, suspend collection provided by 4 CFR parts 91, 92, and 93. and Transition Assistance Act of 1992, action on, or terminate claims of the Redelegation of this authority may be Public Law 102–484, 106 Stat. 2658 United States not exceeding $100,000 made only to the level of Regional (October 23, 1992), and related (excluding interest) that are referred to, Director or Regional Administrator. legislation. or arise out of the activities of, his or her (26) Carry out the functions vested in (14) Settle and pay claims by Operating Administration. the Secretary by 49 U.S.C. 40119(b), as employees for personal property losses (22) Compromise, suspend collection implemented by 49 CFR part 15, in as provided by 31 U.S.C. 3721 (Claims action on, or terminate claims against coordination with the Office of the of personnel of agencies and the District the United States under the Federal Tort General Counsel and the Office of of Columbia government for personal Claims Act, not exceeding $100,000 Intelligence, Security and Emergency property damage or loss). This authority (excluding interest) that are referred to, Response, relating to the determination may be redelegated only to Office or arise out of the activities of, his or her that information is Sensitive Security Directors, Regional Directors, or other Operating Administration; provided that Information within their respective comparable levels and to those when the Administrator believes that a organizations. individuals that report to the above claim against the United States presents (27) Exercise the authority vested in officials. a novel question of law or of policy, he the Secretary by 49 U.S.C. 326(a) and 31 (15) Exercise the authority of the or she shall coordinate with the General U.S.C. 1353 to accept, in an amount not Secretary to resolve informal allegations Counsel to obtain the advice of the exceeding $1,000 in value and subject to of discrimination arising in or relating Assistant Attorney General in charge of the concurrence of the Operating to their respective organizations through the Civil Division; and provided further Administration’s Deputy Ethics Official, Equal Employment Opportunity that whenever he or she settles any the following: Gifts of property (other counseling or the Alternative Dispute administrative claim against the United than real property), gifts of services (in Resolution process and to develop and States for an amount in excess of carrying out aviation duties and powers) implement affirmative action and $50,000, the Administrator shall prepare or reimbursement of travel expenses diversity plans within their respective a memorandum fully explaining the from non-federal sources. Acceptance of organizations. With regard to external basis for the action taken and coordinate such gifts or travel reimbursement civil rights programs, each with the General Counsel before sending exceeding $1,000 in value or those that Administrator exercises authority a copy of the memorandum to the are otherwise significant may only take pursuant to statutes, regulations, Director, Federal Torts Claims Act Staff, place with the additional concurrence of Executive Orders, or delegations in this Torts Branch of the Civil Division, U.S. the General Counsel. This delegation subpart to carry out these programs, Department of Justice. extends only to the acceptance of gifts under the guidance of the Director of the (23) Enter into memoranda of or travel expenses and does not Departmental Office of Civil Rights, agreement with the Occupational Safety authorize the solicitation of gifts, which including conducting compliance and Health Administration (OSHA) in is reserved to the Secretary at 49 CFR reviews and other activities relating to regard to setting and enforcing 1.21. the enforcement of these statutes, occupational safety or health standards (28) Exercise the authority vested in regulations, and Executive Orders. and whistleblower protection for the Secretary by the Federal Civil (16) Review and approve for payment employees in DOT-regulated industries. Penalties Inflation Adjustment Act of any voucher for $25 or less the authority The General Counsel shall concur in 1990 (Pub. L. 101–410, 104 Stat. 890), as for payment of which is questioned by each memorandum of understanding amended by the Debt Collection a certifying or disbursing officer. with OSHA prior to its execution by the Improvement Act of 1996 (Pub. L. 104– (17) Authorize and approve official Administrator of the Operating 134, 110 Stat. 1321), to promulgate rules non-foreign travel and transportation for Administration concerned. that adjust civil penalties. themselves, their subordinates, and (24) Enter into memoranda of (29) Carry out the functions vested in others performing services for, or in agreement with the Mine Safety Health the Secretary to implement the Uniform cooperation with, their Operating Administration (MSHA) in regard to Relocation Assistance and Real Property Administrations. setting and enforcing safety standards Acquisition Act of 1970 (Uniform Act),

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42 U.S.C. Chapter 61, with respect to (10) Developing strategies to improve (3) Section 44102(b) of chapter 441, programs administered by their runway safety at all commercial service relating to defining the term ‘‘based and respective Operating Administrations. airports; primarily used in the United States’’; Each Operating Administration may (11) Administering the Continuous (4) Chapter 443, relating to insurance; prescribe additional Uniform Act Lower Energy, Emissions and Noise (5) Chapter 445, relating to facilities, guidance that is appropriate to those program, improving connections to personnel, and research, except section particular programs, provided that such surface transportation, and other efforts 44502(a)(3) as it relates to authorizing a additional guidance must be consistent to increase the environmental department, agency, or instrumentality with the Uniform Act and 49 CFR Part sustainability of the Nation’s air of the United States Government to 24. The lead agency for Uniform Act transportation systems; carry out any duty or power under matters is the Federal Highway (12) Conducting an effective airport subsection 44502(a) with the consent of Administration (see section 1.85 and 49 technology research program to improve the head of the department, agency, or CFR Part 24). airport safety, efficiency, and instrumentality; § 1.81a Redelegation by all Administrators. sustainability; (6) Chapter 447, relating to safety regulation; Except as otherwise specifically (13) Exercising the final authority for (7) Chapter 451, relating to alcohol provided in this Part, each carrying out all functions, powers, and and controlled substances testing; Administrator may redelegate and duties of the Administration in (8) Subpart IV of Part A of 49 U.S.C. authorize successive redelegations of accordance with 49 U.S.C. 106(f) and authority within the organization under adjudication in accordance with 49 Subtitle VII (chapters 461–465) relating that official’s jurisdiction. U.S.C. 40110(d) and that such to the Secretary’s authority to enforce authorities supersede any conflicting and impose penalties under sections of § 1.82 The Federal Aviation provisions elsewhere in this part. Subtitle VII that have been delegated to Administration. (14) Promoting and encouraging U.S. the Federal Aviation Administrator in Is responsible for: leadership in commercial space this section; (1) Promulgating and enforcing activities, and promulgating and (9) Part B of 49 U.S.C. Subtitle VII regulations on all safety matters relating enforcing regulations on safety matters (chapters 471–475) relating to airport to the operation of airports, the relating to commercial space development and noise; manufacture, operation, and transportation. (10) Part C of 49 U.S.C. Subtitle VII maintenance of aircraft, and the (chapters 481–483) relating to financing; efficiency of the National Airspace § 1.83 Delegations to the Federal Aviation and System; Administrator. (11) Part E of 49 U.S.C. Subtitle VII (2) Planning and supporting the The Federal Aviation Administrator is (chapter 501) relating to Buy-American development of an integrated national delegated authority to: Preferences. system of airports, with due (a) Carry out the following functions (b) Carry out the functions vested in consideration of safety, capacity, vested in the Secretary by 49 U.S.C. the Secretary by chapters 509 and 511 efficiency, environmental compatibility Subtitle VII (Aviation Programs): (commercial space) of title 51, U.S.C. and sustainability; (1) Sections 40103(a)(2), relating to and coordinate with the Assistant (3) Administering federal financial the consultation with the Architectural Secretary for Aviation and International assistance programs for airports and Transportation Barriers Compliance Affairs regarding those functions related including airport grants-in-aid; Board before prescribing regulations or to the promotion of the aerospace (4) Preserving and enhancing the procedures that will have a significant industry. safety and efficiency of the Nation’s air impact on accessibility of commercial (c) Carry out the functions vested in transportation system by implementing airports or commercial air the Secretary by part B of title II of the NextGen and other technologies, as transportation for individuals with Clean Air Act, as amended (84 Stat. appropriate; (5) Registering aircraft and recording disabilities; 40109(c), but only as it 1703), and by 40 CFR part 87 as it rights in aircraft; relates to the regulation of 49 U.S.C. relates to exemptions from aircraft air (6) Developing, modifying, testing, 46301(b) (smoke alarm device pollution standards. and evaluating systems, procedures, penalties), and 40109(e), relating to (d)(1) Except as delegated to the facilities, and devices needed for the maximum flying hours 40113(a) as it Under Secretary of Transportation for safe and efficient navigation and traffic relates to the functions vested in the Policy by § 1.25, carry out the functions control of aircraft; Secretary and delegated in this section; vested in the Secretary by 49 U.S.C. (7) Locating, constructing or 40114, relating to reports and records 5121(a), (b), (c), and (d), 5122, 5123, and installing, maintaining and operating requirements; 40115, relating to 5124, relating to the transportation or Federal aids to air navigation, wherever withholding information from public shipment of hazardous materials by air. necessary; disclosure; 40116, relating to the (2) Carry out the functions vested in (8) Developing air traffic regulations, prohibition on State taxation as the the Secretary by 49 U.S.C. 5114, relating and administering air navigation prohibition may affect an airport to the establishment of procedures for services for control of civil and military sponsor’s grant assurances; 40117, monitoring and enforcing regulations air operations within U.S. airspace, as relating to passenger facility charges; with respect to the transportation of well as administering such air 40119(b), relating to the issuance of radioactive materials on passenger- navigation services as the FAA has regulations on disclosure of information carrying aircraft. accepted responsibility for providing in obtained or developed in ensuring (e) Serve, or designate a representative international airspace and the airspace security; and 40127(b) of chapter 401, to serve, as Vice Chairman and alternate of foreign countries; relating to prohibition on discrimination Department of Transportation member (9) Promoting aviation safety and by private airports; of the Interagency Group on efficiency through technical aviation (2) Section 41723 of subchapter I of International Aviation (IGIA) pursuant assistance to foreign aviation chapter 417, relating to notice to interagency agreement of December 9, authorities; concerning aircraft assembly; 1960, and Executive Order 11382, and

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provide for the administrative operation domestic manufacturing on highway (9) The Federal-Aid Highway Act of of the IGIA Secretariat. projects through the enforcement of Buy 1962, as amended (Pub. L. 87–866, 76 (f) Carry out the functions assigned to America provisions. Stat. 1145). the Secretary by Executive Order 12465 (10) The Joint Resolution of August relating to commercial expendable § 1.85 Delegations to the Federal Highway 28, 1965, as amended (Pub. L. 89–139, Administrator. launch vehicle activities. 79 Stat. 578, 23 U.S.C.A. 101 et seq., (g) Carry out the functions vested in (a) The Federal Highway notes). the Secretary by the National Administrator is delegated authority to (11) The Federal-Aid Highway Act of Aeronautics and Space Administration administer the following provisions of 1966, as amended (Pub. L. 889–574, 80 Authorization Act, Fiscal Year 1993 title 23, U.S.C. (Highways): Stat. 766). (Pub. L. 102–588, 106 Stat 5119, (1) Chapter 1, Federal-Aid Highways, (12) The Federal-Aid Highway Act of November 4, 1992). except for sections 142 (as it relates to 1968, as amended (Pub. L. 90–495, 82 matters within the primary Stat. 815). § 1.84 The Federal Highway responsibility of the Federal Transit (13) The Federal-Aid Highway Act of Administration. Administrator), 153, 154, 158, 159, 161, 1970, as amended (except section 118) Is responsible for: and 164. (Pub. L. 91–605, 84 Stat. 1713). (a) Developing safety strategies using (2) Chapter 2, Other Highways, except (14) Sections 103, 104, 111(b), 128(b), a data-driven, systematic approach to for section 205. 131, 135, 136, 141, 147, 149, 154, 158 address safety for motorists, bicyclists, (3) Chapter 3, General Provisions, through 161, 163, 203, 206, 401, and 402 and pedestrians from engineering, except for section 322. of the Federal-Aid Highway Act of 1973, education, enforcement, and emergency (4) Section 409 of chapter 4, Highway as amended (Pub. L. 93–87, 87 Stat. 250; medical services perspectives and Safety. Public Law 93–643, 88 Stat. 2281). coordinating with FMCSA and NHTSA (5) Chapter 5, Research, Technology, (15) Sections 102(b) (except as appropriate. and Education, except for sections 508 subparagraph (2)) and (c); 105 (b)(1) and (b) Planning, in cooperation with the and 509. (c); 141; 146; 147; and 152 of the (6) Chapter 6, Infrastructure Finance, States, the national highway system. Federal-Aid Highway Act of 1976 (Pub. subject to the limitations set forth in (c) Improving, in cooperation with the L. 94–280, 90 Stat. 425). sections 1.33 (Assistant Secretary for States (via the provision of grants), (16) The Highway Beautification Act Budget and Programs) and 1.21 roads on the Federal-aid primary, of 1965, as amended (Pub. L. 89–285, 79 (reservation to the Secretary of final secondary, and interstate highway Stat. 1028, 23 U.S.C.A. 131 et seq., approval of TIFIA credit assistance systems and urban extensions thereof, to notes). increase the percentage of highways in applications). (17) The Federal-Aid Highway Act of (b) The Federal Highway good condition. 1982 (Pub. L. 97–327, 96 Stat. 1611), Administrator is delegated authority to (d) Identifying and deploying except section 6 as it relates to matters administer the following provisions of innovation aimed at shortening project within the primary responsibility of the delivery, enhancing the safety of our title 49, U.S.C. (Transportation): (1) Section 20134(a) with respect to Federal Transit Administrator. roadways, and protecting the (18) The Surface Transportation the laws administered by the Federal environment. Assistance Act of 1982, as amended, Highway Administrator pertaining to (e) Surveying and constructing forest (Pub. L. 97–424, 96 Stat. 2097) except, highway safety and highway highway system roads, defense (i) Sections 165 and 531 as they relate construction; and highways and access roads, and to matters within the primary (2) Sections 31111 and 31112 (as it parkways and roads in national parks responsibility of the Federal Transit relates to matters within the primary and other federally-administered areas. Administrator; responsibility of the Federal Highway (f) Developing and administering (ii) Sections 105(f), 413; 414(b)(2); uniform State standards for highway Administration). (c) The Federal Highway 421, 426, and Title III; and safety programs with respect to (iii) Section 414(b)(1), unless with the Administrator is delegated authority to identification and surveillance of concurrence of the National Highway administer the following laws relating accident locations; highway design, Traffic Safety Administrator. generally to highways: construction, and maintenance, (1) Section 502(c) of the General (19) Sections 103(e), 105(a) through including context sensitive solutions, Bridge Act of 1946, as amended, 60 Stat. (g), 106(a), and (b), 110(b), 114(d), highway-related aspects of pedestrian 847, [33 U.S.C. 525(c)]. 117(f), 120(c) and (d), 123(g) and (i), safety, and traffic control devices. (2) Reorganization Plan No. 7 of 1949 133(f), 134, 136, 137, 139 through 145, (g) Administering the Department’s (63 Stat. 1070). 146(b), 147(c), 149(a) through (f), (h), (i), Highway Bridge Program to ensure the (3) The Federal-Aid Highway Act of (k), 151 through 157, 164, and 208 of the Nation has safe, well-maintained 1954, as amended (Pub. L. 83–350, 68 Surface Transportation and Uniform bridges for use by the traveling public. Stat. 70). Relocation Assistance Act of 1987 (Pub. (h) In coordination with NHTSA, (4) The Federal-Aid Highway Act of L. 100–17, 101 Stat. 132). RITA, and FMCSA, conducting vehicle- 1956, as amended (Pub. L. 84–627, 70 (20) Sections 105, 107(c) through (e), to-vehicle and vehicle-to-infrastructure Stat. 374). 123(a) and (b), 124(c), 126(d) through research. (5) The Highway Revenue Act of (g), 138(c), 142, 144, 147 through 154, (i) Managing TIFIA funds, 23 U.S.C. 1956, as amended (Pub. L. 84–627, 70 167, and 171, Title IV, as amended (as 601–609, in conjunction with the TIFIA Stat. 374, 387, 23 U.S.C.A. 120 note). it relates to matters within the primary Joint Program Office, including (6) The Alaska Omnibus Act, as responsibility of the Federal Highway managing accounting and budgeting amended (Pub. L. 86–70, 73 Stat. 141, Administrator), and sections 502–504 of activities, and procuring any necessary 48 U.S.C.A. 21 note.). Title V of the Surface Transportation financial or technical support services (7) The Act of September 26, 1961, as Assistance Act of 1978 (Pub. L. 95–599, for the TIFIA program. amended (Pub. L. 87–307, 75 Stat. 670). 92 Stat. 2689). (j) Maximizing the positive impacts (8) The Act of April 27, 1962 (Pub. L. (21) Sections 201 through 205, 327 on the U.S. economy by encouraging 87–441, 76 Stat. 59). through 336, 339, 340, 349, 352, 353,

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and 408 of the National Highway (5) Carry out the Highway Safety Act U.S.C. 4321 et seq.] pertinent to the System Designation Act of 1995 (Pub. L. of 1966, as amended (Pub. L. 89–564, 80 authority vested in the Secretary to 104–59, 109 Stat. 568). Stat. 731) and chapter 4 of title 23 establish, operate, and manage the (22) Sections 1002(e), 1006(h), U.S.C. as amended by section 207 of the Nationwide Differential Global 1009(c), 1012(b) and (d) through (f), Surface Transportation Assistance Act Positioning System (NDGPS) by section 1015, 1016(g), 1017(c), 1021(c) and (d), of 1978 for highway safety programs, 346 of the Department of Transportation 1022(c), 1023(f) through (g), 1032(d), research and development relating to and Related Agencies Appropriations 1038 through 1041, 1044, 1046(d), 1047, highway design, construction and Act, 1998 (Pub. L. 105–66, 111 Stat. 1051, 1057 through 1060, 1072, 1073, maintenance, traffic control devices, 1425). 1105, and 6016 of the Intermodal identification and surveillance of (14) Exercise the responsibilities of Surface Transportation Efficiency Act of accident locations, and highway-related the Secretary under 49 U.S.C. 309 (high 1991 (Pub. L. 102–240, 105 Stat. 1914). aspects of pedestrian and bicycle safety. speed ground transportation). (23) Sections 1108(f) and (g) and 1224 (6) Exercise the authority vested in the Secretary by 49 U.S.C. 20134(a) with § 1.86 The Federal Motor Carrier Safety of the Transportation Equity Act for the Administration. 21st Century (Pub. L. 105–178, 112 Stat. respect to the laws administered by the Federal Highway Administrator Is responsible for: 107). (a) Managing program and regulatory (24) Sections 1102, 1109(f), pertaining to highway safety and highway construction activities, including administering laws 1111(b)(4), 1112, 1115(c), 1116(a) and and promulgating and enforcing (b), 1117, 1119(n), 1120(c), 1201, 1301, (7) Prescribe regulations, as necessary, at Part 24 of this title, to implement the regulations on safety matters relating to 1302, 1303, 1304, 1305, 1306, 1308, motor carrier safety; 1310, 1404, 1408, 1409(a) and (b), 1410, Uniform Act, 42 U.S.C. Chapter 61, and to act as the lead agency in carrying out (b) Carrying out motor carrier 1411, 1502, 1604, 1803, 1907, 1908, registration and authority to regulate 1910, 1911, 1916, 1917, 1918, 1923, all other functions vested in the Secretary by the Uniform Act, in household goods transportation; 1928, 1934, 1935, 1937, 1939, 1940, (c) Developing strategies for 1941, 1943, 1944, 1945, 1948, 1949, coordination with the Under Secretary. (8) Exercise the authority vested in improving commercial motor vehicle, 1950, 1952, 1957, 1958, 1959, 1962, the Secretary by sections 101, 118, operator, and carrier safety and 1964, 4404 (as it relates to matters 120(b), 123 and 124 of the Federal-Aid administering grants to implement these within the primary responsibility of the Highway Amendments of 1974 (Pub. L. strategies; Federal Highway Administrator), 93–643, January 4, 1975, 88 Stat. 2281). (d) Inspecting records and equipment 5101(b), 5202(b)(3)(B), (c), and (d), (9) Carry out the functions vested in of commercial motor carriers, and 5203(e) and (f), 5204(g) and (i), 5304, the Secretary of Transportation by investigating accidents and reporting 5305, 5306, 5307, 5308, 5309, 5502, section 114 of Part C of the Paperwork violations of motor carrier safety 5504, 5508, 5511, 5512, 5513(b), (f), (k), Reduction Reauthorization Act of 1986 regulations; and (m) (as (m) relates to (b), (f), and (contained in the Act Making (e) Carrying out research, (k)), 5514, 6009(b) (as they relate to Continuing Appropriations for Fiscal development, and technology transfer matters within the primary Year 1987 and for Other Purposes, Pub. activities to promote safety of operation responsibility of the Federal Highway L. 99–591, 100 Stat. 3341, 2241–349), and equipment of motor vehicles for the Administrator), 6017, 6018, 10210, and relating to construction of Interstate motor carrier transportation program; 10212 of the Safe, Accountable, Highway H–3 in Hawaii. and Flexible, Efficient Transportation Equity (10) Carry out the functions vested in (f) Carrying out an effective Act: A Legacy for Users (Publ. L. 109– the Secretary by Public Law 98–229, 98 communications and outreach program 59, 119 Stat. 1144). Stat. 55, insofar as it relates to which includes providing relevant (d) The Federal Highway apportioning certain funds for safety data to the public. Administrator is delegated authority to: construction of the Interstate Highway (1) Carry out the functions vested in § 1.87 Delegations to the Federal Motor System in Fiscal Year 1985, Carrier Safety Administrator. the Secretary of Transportation by apportioning certain funds for Interstate The Federal Motor Carrier Safety section 601 of the Pipeline Safety Act of substitute highway projects, and 1992 (Pub. L. 102–508, 106 Stat. 3289) Administrator is delegated authority to: increasing amounts available for (a) Carry out the following functions relating to construction of the Page emergency highway relief. Avenue Extension Project in Missouri. and exercise the authority vested in the (11) Carry out all of the functions Secretary by 49 U.S.C., Subtitle IV, part (2) Carry out the functions of the vested in the Secretary under section B: Secretary under the Appalachian 324 of the Fiscal Year 1986 Department (1) Chapter 131, relating to general Regional Development Act of 1965, 40 of Transportation Appropriations Act provisions on transportation policy; U.S.C. Subtitle IV. (Pub. L. 99–190, 99 Stat. 1288), (2) Chapter 133, relating to (3) Carry out the Act of September 21, notwithstanding the reservation of administrative provisions; 1966, Public Law 89–599, relating to authority under § 1.21 of this part. (3) Chapter 135, relating to certain approvals concerned with a (12) Carry out the functions vested in jurisdiction; compact between the States of Missouri the Secretary of Transportation by (4) Sections 13704 and 13707 of and Kansas. section 505 of the Railroad chapter 137, relating to rates, routes, (4) Carry out the functions vested in Revitalization and Regulatory Reform and services; the Secretary by section 5 (as it relates Act of 1976, as amended, (Pub. L. 94– (5) Chapter 139, relating to to bridges, other than railroad bridges, 210, 90 Stat. 31) relating to the Alameda registration and financial responsibility not over navigable waters), and section Corridor Project in consultation with the requirements, except section 8(a) (as it relates to all bridges other Federal Railroad Administrator. 13907(d)(2); than railroad bridges) of the (13) Act as the lead DOT agency in (6) Chapter 141, relating to operations International Bridge Act of 1972 (Public matters relating to the National of motor carriers; Law 92–434, 86 Stat. 731) [33 U.S.C. Environmental Policy Act of 1969, (7) Sections 14701 through 14705, 535c and 535e(a)]. Public Law 91–190, 83 Stat. 852 [42 14707, 14708, 14710, and 14711 of

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chapter 147, relating to enforcement vehicles and equipment subsequent to (8) Section 4136 relating to interstate remedies, investigations and motor initial manufacture is limited to vans; carrier liability; and standards that are not based upon and (9) Section 4138 relating to high risk (8) Sections 14901 through 14913 and similar to a Federal Motor Vehicle carrier compliance (49 U.S.C. 31100 14915 of chapter 149 relating to civil Safety Standard promulgated under note); and criminal penalties for violations of chapter 301 of title 49, U.S.C. (10) Section 4139(a)(1), relating to the 49 U.S.C. subtitle IV, part B. (g) Carry out the functions vested in training of and outreach to State (b) Carry out the functions vested in the Secretary by 49 U.S.C. 5701 relating personnel; section (b)(1) relating to a the Secretary by sections 104 and 204 of to food transportation inspections of review of Canadian and Mexican the ICC Termination Act of 1995, Public commercial motor vehicles. compliance with Federal motor vehicles Law 104–88, 109 Stat. 803, relating to (h) Carry out the functions and safety standards; and the first sentence self-insurance rules and a savings exercise the authority delegated to the of section (b)(2) relating to the report clause. Secretary in section 2(d)(2) of Executive concerning the findings and conclusions (c) Carry out the functions vested in Order 12777 (3 CFR, 1992 Comp., p. of the review required by section (b)(1) the Secretary by 42 U.S.C. 4917, relating 351), as amended, with respect to (see 49 U.S.C. 31100 note); to procedures for the inspection, highway transportation, relating to the (11) Section 4143, granting authority surveillance and measurement of approval of means to ensure the to stop commercial motor vehicles, 18 commercial motor vehicles for availability of private personnel and U.S.C. 3064; compliance with interstate motor carrier equipment to remove, to the maximum (12) Section 4144, relating to a motor noise emission standards and related extent practicable, a worst case carrier safety advisory committee; enforcement activities including the discharge, the review and approval of (13) [Reserved] promulgation of necessary regulations. response plans, and the authorization of (14) Section 4147, relating to (d) Carry out the following functions motor carriers, subject to the Federal emergency conditions requiring and exercise the authority vested in the Water Pollution Control Act, Public Law immediate response (amending section Secretary by chapter 51 of title 49, 87–88, as amended [33 U.S.C. 1321], to 229 of the Motor Carrier Safety U.S.C.: operate without approved response Improvement Act of 1999 (49 U.S.C. (1) Except as delegated to the Under plans. 31136 note); Secretary of Transportation for Policy by (i) Carry out chapter 315 of title 49, (15) Section 4213, relating to the § 1.25, carry out the functions vested in U.S.C., relating to motor carrier safety. establishment of a working group for the the Secretary by 49 U.S.C. 5121(a), (b), (j) Carry out 49 U.S.C. 502, 503, 504, development of practices and (c), and (d), 5122, 5123, and 5124, 506, and 523 to the extent they relate to procedures to enhance Federal-State relating to the transportation or motor carriers, motor carriers of migrant relations (49 U.S.C. 14710 note); shipment of hazardous materials by workers, and motor private carriers; 49 (16) Section 4214, relating to the highway. establishment of a system for collecting (2) Carry out the functions vested in U.S.C. 507 to the extent it relates to motor carriers, motor carries of migrant consumer complaint information and the Secretary by 49 U.S.C. 5105(e), issuing regulations related to reporting relating to inspections of motor vehicles workers, motor private carriers, or freight forwarders; and 49 U.S.C. 505, requirements under the system (49 carrying hazardous material; 49 U.S.C. U.S.C. 14701 note); and 5109, relating to motor carrier safety 508, and 521(b). (k) Carry out the functions and (17) Section 4308, granting authority permits, except subsection (f); 49 U.S.C. to adopt regulations to carry out 5112, relating to highway routing of exercise the authority vested in the Secretary by 23 U.S.C. 502(a)(1)(A). SAFETEA–LU, Title IV, subtitle C (49 hazardous materials; 49 U.S.C. 5113, U.S.C. 13902 note). relating to unsatisfactory safety ratings (l) Carry out the functions vested in of motor carriers; 49 U.S.C. 5119, the Secretary by the following sections § 1.88 The Federal Railroad relating to uniform forms and of SAFETEA–LU: Administration. procedures; and 49 U.S.C. 5125(a) and (1) Section 4105(b)(1) relating to the Is responsible for: (c)–(f), relating to preemption study concerning predatory tow truck (a) Regulating safety functions determinations or waivers of operations; pertaining to railroads; preemption of hazardous materials (2) Section 4126, relating to the (b) Conducting research and highway routing requirements. commercial vehicle information systems development activity in support of safer (e) Carry out the functions vested in and networks deployment program; and more efficient rail transportation; the Secretary by: (3) Section 4127, relating to outreach (c) Investigating and issuing reports (1) Chapter 313 of 49, U.S.C., relating and education; concerning collisions, derailments, and to commercial motor vehicle operators; (4) Section 4128, relating to grants other railroad accidents resulting in and under the safety data improvement serious injury to persons or to the (2) Section 4123(c), (d) and (e) of program; property of a railroad; SAFETEA–LU relating to grants, (5) Section 4130–4133, amending (d) Developing safety strategies to funding, and contract authority and section 229 of the Motor Carrier Safety combat the causes of collisions, availability, respectively, for Improvement Act of 1999 (49 U.S.C. derailments, and other railroad commercial driver’s license information 31136 note) relating to the operators of accidents, as well as to reduce overall system modernization. vehicles transporting agricultural risk in the Nation’s rail systems; (f) Carry out the functions vested in commodities and farm supplies, and (e) Promoting and strengthening the the Secretary by subchapters I, III, and hours of service for miscellaneous national rail system, including freight IV of chapter 311, title 49, U.S.C., and vehicle operators; rail and high speed and higher 49 U.S.C. 31111, relating to commercial (6) Section 4134 (49 U.S.C. 31301 performing intercity passenger rail. motor vehicle programs, safety note), relating to the grant program for (f) Providing financial assistance, regulation, and international activities, persons to train operators of commercial including grants, loans and loan except that the authority to promulgate motor vehicles; guarantees, for rail freight and safety standards for commercial motor (7) [Reserved] intermodal development, as well as

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high-speed and intercity passenger rail (h) Carry out the functions vested in program that includes the development development; the Secretary by 45 U.S.C. chapter 17 of safety practices and standards; (g) Maximizing the positive impacts (section 801 et seq.) with respect to (c) Assisting public transportation on the U.S. economy by encouraging railroad revitalization and regulatory systems to achieve and maintain their domestic manufacturing on rail projects reform and the Railroad Rehabilitation infrastructure, equipment and vehicles through the enforcement of Buy and Improvement Financing program. in a state of good repair; America provisions; and (i) Carry out the functions vested in (d) Promoting the environmental (h) Strengthening local communities the Secretary by 45 U.S.C. chapter 21 benefits of public transportation through by supporting station-area development (section 1201 et seq.) related to the continuing, cooperative, and and strong connections among rail Alaska Railroad transfer. comprehensive planning that improves passenger service, intercity bus, local (j) Except as delegated to the Under the performance of the intermodal transit, bicycle/pedestrian, and airport Secretary of Transportation for Policy by transportation system. facilities. § 1.25 of this part, carry out the (e) Supporting research, development, functions vested in the Secretary by 49 demonstration, and deployment projects § 1.89 Delegations to the Federal Railroad U.S.C. 5121–5124 relating to the dedicated to assisting in the delivery of Adminstrator. transportation or shipment of hazardous safe, efficient and effective public The Federal Railroad Administrator is materials by railroad. transportation service; delegated authority to: (k) Carry out the functions vested in (f) Supporting, in coordination with (a) Carry out the functions and the Secretary by section 7 of Executive FHWA and FRA, strong connections exercise the authority vested in the Order 12580 (delegating sections 108 between public transportation and other Secretary by 49 U.S.C. Subtitle V, Part and 109, respectively, of the modes of transportation, including A (Safety, chapter 201 et seq.,) Part B Comprehensive Environmental bicycle/pedestrian facilities and station- (Assistance, chapter 221 et seq.), Part C Response, Compensation, and Liability area development that strengthen local (Passenger Transportation, chapter 241 Act of 1980 as amended (49 U.S.C. 9615 communities; and et seq.), Part D (High Speed Rail, chapter et seq.), insofar as they relate to rolling (g) Maximizing the positive impacts 261), and section 28101 of Part E, stock. on the U.S. economy by encouraging relating to the law enforcement (l) Carry out the functions vested in domestic manufacturing on transit authority of railroad police officers; the Secretary by 33 U.S.C. 493, relating projects through the enforcement of Buy except 49 U.S.C. 20134 with respect to to disputes over the terms and America provisions. highway, traffic, and motor vehicle compensation for use of railroad bridges safety and highway construction. built under that statute. § 1.91 Delegations to the Federal Transit Administrator. (b) Carry out the functions and (m) Carry out the functions vested in exercise the authority vested in the the Secretary by 49 U.S.C. 5701 with The Secretary delegates to the Federal Secretary by the Rail Safety respect to transportation of food and Transit Administrator the authority Improvement Act of 2008 (Pub. L. 110– other products by railroad. vested in him to carry out the following: 432, Div. A, 122 Stat. 4848). (n) Carry out the functions vested in (a) Chapter 53 of title 49, United (c) Carry out the functions and the Secretary by 23 U.S.C. 322 States Code. (b) Sections 3 and 9 through 15 of the exercise the authority vested in the (Magnetic Levitation Transportation National Capital Transportation Secretary by the Passenger Rail Technology Deployment Program). Assistance Act of 1969, as amended (DC Investment and Improvement Act of (o) Carry out the functions vested in Code, § 9–1101.01 et seq.). 2008 (Pub. L. 110–432, Div. B, 122 Stat. the Secretary by sections 1307 (see note (c) Sections of title 23, United States 4907), except Title VI (122 Stat. 4968) as to 23 U.S.C. 322), and 1946 of Code, that involve public transportation it relates to capital and preventive SAFETEA–LU as they relate to projects, including those provisions that maintenance projects for the deployment of magnetic levitation pertain to environmental reviews and Washington Metropolitan Area Transit transportation projects and a study of use of historic resources for public Authority. rail transportation and regulation. (p) Investigate and report on safety transportation projects. (d) Carry out the functions vested in compliance records of applicants (d) Section 303 of title 49, United the Secretary by 33 U.S.C. 535c, as it seeking railroad operating authority States Code, as it involves public relates to railroad bridges not over from the Surface Transportation Board, transportation projects. navigable waterways. and to intervene and present evidence (e) The following sections of (e) Exercise the administrative powers concerning applicants’ fitness in Board SAFETEA–LU: vested in the Secretary by 49 U.S.C. proceedings under 49 U.S.C. 307, (1) [49 U.S.C. 5308 note], 3046 [49 Subtitle I, Chapter 5 (section 501 et seq.) relating to railroads. U.S.C. 5338 note], 3048, 3049 [5 U.S.C. pertaining to railroad safety and 49 (q) Carry out the function vested in 7905 note], and 3050; and U.S.C. 103 (Federal Railway the Secretary by the Bankruptcy Code (2) Sections 6009(b) [23 U.S.C. 138 Administration). (11 U.S.C. 1163), which relates to the note] and (c), and 6010, as they relate to (f) Promote and undertake research nomination of trustee for rail carriers in public transit projects. and development relating to rail matters reorganization, with the concurrence of (f) Section 601 of Title VI of the generally (49 U.S.C. Chapter 3 (section the Office of the General Counsel. Passenger Rail Investment and 301 et seq). and 49 U.S.C. 102). Improvement Act of 2008 (Pub. L. 110– (g) Carry out the functions vested in § 1.90 The Federal Transit Administration. 432, Div. B). the Secretary by 45 U.S.C. Ch. 15 Is responsible for: (Section 601 et seq.) with respect to (a) Providing grants that support the § 1.92 The Maritime Administration. emergency rail services, except the development of safe, comprehensive Is responsible for: authority to make findings required by and coordinated public transportation (a) Fostering the development and 45 U.S.C. 662(a) and the authority to systems; maintenance of a United States sign guarantees of certificates issued by (b) Creating and implementing a merchant marine sufficient to meet the trustees. national public transportation safety needs of the national security and of the

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domestic and foreign commerce of the special police, establishment of rules Secretary by section 109 of the Maritime United States; and regulations governing conduct on Transportation Security Act of 2002, (b) Operating the U.S. Merchant the affected property, and execution of Public Law 107–295, 116 Stat. 2064, 46 Marine Academy in order to train agreements with other Federal, State, or U.S.C. 70101 note, to provide training officers for the Nation’s merchant local authorities. for maritime security professionals. marine; (f) Carry out the functions and (j) Exercise all the powers of the (c) Promoting development of ports exercise the authorities vested in the Secretary under 49 U.S.C. 336 with and intermodal transportation systems Secretary by section 3(d) of the Act to respect to civil penalties; through investments in port Prevent Pollution from Ships (33 U.S.C. (k) Carry out all of the duties, infrastructure via grant programs and 1902(d)) as it relates to ships owned or authorities and powers of the Secretary America’s Marine Highway program; operated by the Maritime under the Reefs for Marine Life (d) Promoting the growth and Administration when engaged in Conservation law, 16 U.S.C. 1220 et modernization of the U.S. merchant noncommercial service; seq.; marine and U.S. shipyards by (g) Carry out the functions vested in (l) In consultation and coordination administering loan and guarantee the Secretary by 40 U.S.C. 554 relating with the Office of Intelligence, Security programs; to authority to convey surplus real and Emergency Response, carry out the (e) Overseeing the administration of property to public entities for use in the functions related to emergency cargo preference statutes; development or operation of port preparedness and response vested in the (f) Maintaining custody of, operating, facilities; Secretary by the Defense Production Act and preserving ships in the National (h) Carry out the following powers of 1950, 50 U.S.C. App. 2061, et seq., as Defense Reserve Fleet as well as other and duties and exercise the authorities such authorities relate to the use of vessels under the custody of MARAD vested in the Secretary by the sealift support and port facilities, and and managing, maintaining and Deepwater Port Act of 1974, Public Law other maritime industry related facilities operating its Ready Reserve Force 93–627, as amended (33 U.S.C. 1501 et and services, and maritime-related component; seq.), voluntary agreements pursuant to (g) Conducting research and (1) Section 4: The authority to issue, Section 708; development to improve and promote transfer, amend, or reinstate a license (m) Carry out the functions related to the waterborne commerce of the United for the construction and operation of a the National Defense Reserve Fleet States. deepwater port (33 U.S.C. 1503(b)); vested in the Secretary pursuant to 50 (2) Section 4: The authority to process U.S.C App. 1744; § 1.93 Delegations to the Maritime applications for the issuance, transfer, (n) Carry out all of the duties, Administrator. amendment, or reinstatement of a authorities and powers of the Secretary The Maritime Administrator is license for the construction and under the following statutes: delegated authority to: operation of a deepwater port (33 U.S.C. (1) 10 U.S.C. 2218, the National (a) Carry out the functions and 1503(b)), in coordination with the Defense Sealift Fund; exercise the authorities vested in the Commandant of the Coast Guard; (2) 40 U.S.C. 3134, Bond waiver Secretary under Subtitle V of title 46, (3) Section 5(h)(2): Approval of fees authority for certain contracts; U.S.C., except for 46 U.S.C. 51303 and charged by adjacent coastal States for (3) 46 U.S.C. 501(b), Waiver of 55601(c) and (d); use of a deepwater port and directly navigation and vessel-inspection laws (b) Carry out the functions and related land-based facilities (33 U.S.C. and determination of non-availability of exercise the authorities vested in the 1504(h)(2)); qualified U.S. flag vessels; Secretary under Subtitle III of title 46, (4) Section 4: Make Adjacent Coastal (4) 46 U.S.C. 3316, granting authority U.S.C.; State designations pursuant to 33 U.S.C. to appoint a representative to Executive (c) Carry out the functions and 1508(a)(2); Board of the American Bureau of exercise the authorities vested in the (5) Section 11: In collaboration with Shipping (ABS); Secretary under the Merchant Ship the Assistant Secretary for Aviation and (5) 46 U.S.C. 12119(a)(5), authority to Sales Act of 1946, as amended (50 International Affairs and the Assistant waive or reduce the qualified U.S.C. App. 1735 et seq.); Secretary for Transportation Policy, proprietary cargo requirements and (d) Carry out the functions and consultation with the Secretary of State determine citizenship; exercise the authorities vested in the relating to international actions and (6) 50 U.S.C. 196, Emergency foreign Secretary under 50 U.S.C. App 1744 cooperation in the economic, trade and vessel acquisition; purchase and with respect to the National Shipping general transportation policy aspects of requisition of vessels lying idle in Authority; the ownership and operation of United States waters; (e) Exercise the authority vested in the deepwater ports (33 U.S.C. 1510); (7) 50 U.S.C. 197, Voluntary purchase Administrator of General Services by (6) Section 16(b): Submission of or charter agreement; the Act of June 1, 1948, Public Law 80– notice of the commencement of a civil (8) 50 U.S.C. 198, granting authority 566, 62 Stat. 281, 40 U.S.C. 318–318c suit (33 U.S.C. 1515(b)); over requisitioned vessels; and the Federal Property and (7) Section 16(c): Intervention in any (o) Carry out all of the duties, Administrative Services Act of 1949, as civil action to which the Secretary is not authorities and powers of the Secretary amended, 63 Stat. 377, and delegated to a party (33 U.S.C. 1515(c)); with respect to 16 U.S.C. 1220 et seq. the Secretary of Transportation by the (8) Sections 8(b), 12: Authority to (use of obsolete ships as reefs for marine Administrator of General Services on request the Attorney General to seek the life conservation); March 23, 2000, relating to the suspension or termination of a (p) Carry out all of the duties, powers enforcement of laws for the protection deepwater port license and to initiate a and authorities delegated to the of property and persons at the United proceeding before the Surface Secretary of Transportation by the States Merchant Marine Academy, Transportation Board (33 U.S.C. 1507, Administrator of General Services with located in Kings Point, New York. This 1511); respect to the leasing and management may be accomplished through (i) Carry out the functions and of property under 41 CFR 102–72.30, appointment of uniformed personnel as exercise the authority vested in the Delegations of Authority;

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(q) Carry out all of the duties, testing concerning motor vehicle safety, Administrator may further delegate this authorities and powers vested in the including vehicle to vehicle and vehicle authority, including to other Secretary by 46 U.S.C. 70101 note, to to infrastructure technologies and other Administrators within the Department. provide training for maritime security new or advanced vehicle technologies; (f) Carry out the functions and professionals; and investigating safety-related defects exercise the authority vested in the (r) Carry out the duties, authorities and non-compliance in motor vehicles Secretary for the following provisions of and powers of the Secretary under the and motor vehicle equipment and Title 23, U.S.C. (with respect to matters following statutes: administering related recalls. within the primary responsibility of the (i) Title XV, Subtitle B of the Food, (c) In automobile fuel economy, National Highway Traffic Safety Agriculture, Conservation, and Trade establishing automobile fuel economy Administrator): 153, 154, 157, 158, 161, Act of 1990, Public Law 101–624 (104 standards for passenger and non- 163, 164, and 313 (Buy America). Stat. 3359, 3665), 7 U.S.C. 1421 and passenger automobiles and fuel (g) Carry out the consultation Chapter 553 of Title 46, U.S.C., efficiency standards for medium and functions vested in the Secretary by authorizing the Secretary to designate heavy vehicles. Executive Order 11912, as amended ‘‘American Great Lakes’’ vessels that are (d) In consumer protection and (energy conservation) relating to exempt from the restrictions relating to information, establishing requirements automobiles. the carriage of preference cargoes; and carrying out programs for passenger (h) Exercise the authority vested in (ii) 46 U.S.C. 2302(e) (determination motor vehicle information, such as the the Secretary by section 210(2) of the of substandard vessels); New Car Assessment Program; bumper Clean Air Act, Public Law 90–148, as (iii) Section 304(a) of Coast Guard and standards for passenger motor vehicles; amended [42 U.S.C. 7544(2)]. Maritime Transportation Act of 2006, 33 odometer requirements; and passenger (i) Carry out the following functions U.S.C. 1503(i), a program to promote motor vehicle theft prevention and exercise the authority vested in the LNG tanker transportation; standards. Secretary under SAFETEA–LU: (iv) Section 306 of Public Law 111– (1) Section 1906 [23 U.S.C. 402 note], 281, concerning the phaseout of vessels § 1.95 Delegations to the National Highway relating to the grant program to prohibit supporting oil and gas development. Traffic Safety Administrator. racial profiling; (s) Carry out the functions and The National Highway Traffic Safety (2) Section 2001(d) [23 U.S.C. 401 exercise the authorities vested in the Administrator is delegated authority to: note], relating to transfers of funds; President by Section 1019 of John (a) Exercise the authority vested in the (3) Section 2003(c), relating to on- Warner National Defense Authorization Secretary under chapters 301, 303, 321, scene motor vehicle collision causation; Act for Fiscal Year 2007 (Pub. L. 109– 323, 325, 327, 329, and 331, of Title 49, (4) Section 2003(d) [23 U.S.C. 403 364) and delegated to the Secretary by U.S.C., except for 49 U.S.C. 32916(b). note], relating to research on distracted, the President; (b) Exercise the authority vested in inattentive, and fatigued drivers; (t) Lead efforts pertaining to civil the Secretary by 49 U.S.C. 20134(a) with (5) Section 2003(f), relating to refusal emergency planning for sealift support respect to laws administered by the of intoxication testing; (6) Section 2003(g), relating to for North Atlantic Treaty Organization National Highway Traffic Safety Administrator pertaining to highway, impaired motorcycle driving; (NATO) operations, including (7) Section 2003(h), relating to coordinating DOT representation on traffic and motor vehicle safety. (c) Carry out, in coordination with the reducing impaired driving recidivism; sealift-related committees, in (8) Section 2009(f) [23 U.S.C. 402 coordination with the Office of Federal Motor Carrier Safety Administrator, the authority vested in note], relating to the annual evaluation, Intelligence, Security and Emergency in regard to high visibility enforcement Response. the Secretary by subchapter III of chapter 311 of title 49, U.S.C., to program; § 1.94 The National Highway Traffic Safety promulgate safety standards for (9) Section 2010 [23 U.S.C. 402 note], Administration. commercial motor vehicles and relating to motorcyclist safety; (10) Section 2011 [23 U.S.C. 405 Is responsible for: equipment subsequent to initial note], relating to child safety and child (a) In highway safety, setting uniform manufacture when the standards are guidelines for a coordinated national booster seat incentive grants; based upon and similar to a Federal (11) Section 2012, relating to safety highway safety formula grant program Motor Vehicle Safety Standard data; carried out by the States and local promulgated, either simultaneously or (12) Section 2013 [23 U.S.C. 403 communities; carrying out a research, previously, under chapter 301 of title note], relating to drug-impaired driving development, and demonstration 49, U.S.C. enforcement; program; administering highway safety (d) Carry out the Highway Safety Act (13) Section 2014 [23 U.S.C. 402 grant programs to encourage State of 1966, as amended (23 U.S.C. 401 et note], relating to first responder vehicle efforts in such areas as occupant seq.), except as it relates to highway safety program; protection, impaired and distracted safety programs, research and (14) Section 2015, relating to driver driving, traffic safety data information development relating to highway performance study; system improvements, motorcyclist design, construction and maintenance; (15) Section 2016, relating to rural safety, and child safety restraints; traffic control devices; identification state emergency medical services administering a nationwide high and surveillance of accident locations; optimization pilot program; visibility enforcement program; and and highway-related aspects of (16) Section 2017(a), relating to older administering the National Driver pedestrian and bicycle safety. driver safety and, (b) [23 U.S.C. 402 Register. (e) Carry out the functions and note], relating to law enforcement (b) In motor vehicle safety, exercise the authority vested in the training; establishing and enforcing safety Secretary under 23 U.S.C. 406(e)(3), to (17) Section 5513(e) [23 U.S.C. 502 standards and regulations for the engage in activities with States and note], relating to automobile accident manufacture and importation of motor State legislators to consider proposals injury research; vehicles and motor vehicle equipment; related to safety belt use laws. The (18) Section 5513(m) [23 U.S.C. 502 conducting research, development, and National Highway Traffic Safety note] as it relates to section 513(e);

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(19) Section 10202 [42 U.S.C. 300d-4], (m) Carry out the functions and (3) Exercise the authority vested in relating to emergency medical services; exercise the motor vehicle safety the Secretary under section 21 of the (20) Section 10302, relating to side- authority vested in the Secretary under Deepwater Port Act of 1974, as amended impact crash protection rulemaking; Anton’s Law, Public Law 107–318. (33 U.S.C. 1520) relating to the (21) Section 10303 [49 U.S.C. 30101 (n) Carry out the functions and establishment, enforcement and review note], relating to tire research; exercise the motor vehicle safety of regulations concerning the safe (22) Section 10305(b) [49 U.S.C. authority vested in the Secretary under construction, operation or maintenance 30101 note], relating to the publication the Cameron Gulbransen Kids of oil or natural gas pipelines on Federal of non-traffic incident data collection; Transportation Safety Act of 2007 or the lands and the Outer Continental Shelf. (23) Section 10306, relating to the K.T. Safety Act of 2007, Public Law (4) Exercise the authority vested in study of safety belt use technologies; 110–189. the Secretary under section 5 of the (24) Section 10307(b) [15 U.S.C. 1232 (o) Carry out the functions and International Bridge Act of 1972 (33 note], relating to the issuing of exercise the motor vehicle safety U.S.C. 535) as it relates to pipelines not regulations in regard to safety labeling authority vested in the Secretary under over navigable waterways. requirements; the Pedestrian Safety Enhancement Act (5) Exercise the authority vested in (25) Section 10308, relating to power of 2010, Public Law 111–373. window switches; and the Secretary under the Outer (26) Section 10309(a), relating to the § 1.96 The Pipeline and Hazardous Continental Shelf Lands Act, as testing of 15-passenger van safety. Materials Safety Administration. amended (43 U.S.C. 1331 et seq.) with (j) Carry out the following functions Is responsible for: respect to the establishment, and exercise the authority vested in the (a) Pipelines. (1) Administering a enforcement and review of regulations Secretary under the Energy national program of safety in natural gas concerning pipeline safety. Independence and Security Act of 2007 and hazardous liquid pipeline (6) Carry out the functions vested in (Pub. L. 110–140): transportation including identifying the Secretary by section 7 of Executive (1) Section 106 [49 U.S.C. 32902 pipeline safety concerns, developing Order 12580 (delegating sections 108 note], relating to the continued uniform safety standards, and and 109, respectively, of the applicability of existing standards; promulgating and enforcing safety Comprehensive Environmental (2) Section 107 [49 U.S.C. 32902 regulations; Response, Compensation, and Liability note], relating to the National Academy (2) Increasing the gas and liquid Act of 1980 as amended (49 U.S.C. 9615 of Sciences studies; pipeline industry’s focus on safety et seq.), insofar as they relate to (3) Section 108, relating to the beyond compliance with minimum pipelines. National Academy of Sciences study of standards, with particular attention to (7) Exercise the authority vested in medium-duty and heavy-duty truck fuel developing strong safety cultures in the Secretary by 49 U.S.C. 60301 as it economy; regulated entities; relates to pipeline safety user fees. (4) Section 110 [49 U.S.C. 32908 (3) Enhancing information awareness (8) Exercise the authority vested in note], relating to the periodic review of systems at the State and local levels to the Secretary by 49 U.S.C. 6101 et seq. accuracy of fuel economy labeling; reduce pipeline damage from excavation as it relates to pipeline damage (5) Section 113 [49 U.S.C. 32904 and providing grants to support these prevention One Call programs. note], relating to the exemption from systems; and (9) Exercise the authority vested in separate calculation requirement; (4) Encouraging the timely the Secretary by the Pipeline Safety (6) Section 131(b)(2) and (c)(1) [42 replacement of aging and deteriorating Improvement Act of 2002 (Pub. L. 107– U.S.C. 17011(b)(2), (c)(1)], relating to the pipelines in distribution systems, 355, 116 Stat. 2985). Plug-in Electric Drive Vehicle Program; especially in areas with high potential (10) Exercise the authority vested in (7) Section 225(a), relating to the negative consequences to public safety the Secretary by the Pipeline Safety, study of optimization of flexible fueled and the environment. Regulatory Certainty, and Job Creation vehicles to use E–85 fuel; (b) Hazardous Materials. (1) (8) Section 227(a), relating to the Act of 2011 (Pub. L. 112–90). Administering a national program of (b) Hazardous materials. Except as study of optimization of biogas used in safety, including security, in multi- natural gas vehicles; delegated to the Under Secretary of modal hazardous materials Transportation for Policy by § 1.25: (9) Section 242[42 U.S.C. 17051], transportation including identifying relating to renewable fuel dispenser (1) Carry out the functions vested in hazardous materials safety concerns, the Secretary by 49 U.S.C. 5121(a), (b), requirements; and developing uniform safety standards, (10) Section 248(a) [42 U.S.C. (c), (d) and (e), 5122, 5123, and 5124, and promulgating and enforcing safety 17054(a)], relating to biofuels with particular emphasis on the and security regulations; and distribution and advanced biofuels shipment of hazardous materials and (2) Conducting outreach and provide the manufacture, fabrication, marking, infrastructure. available grants assistance to increase (k) Carry out the functions and maintenance, reconditioning, repair or awareness and emergency preparedness. exercise the motor vehicle safety test of multi-modal containers that are authority vested in the Secretary under § 1.97 Delegations to the Pipeline and represented, marked, certified, or sold § 7103 of the Transportation Equity Act Hazardous Materials Safety Administrator. for use in the transportation of for the 21st Century, Public Law 105– The Pipeline and Hazardous Materials hazardous materials; and 178. Safety Administrator is delegated (2) Carry out the functions vested in (l) Carry out the functions and responsibility to: the Secretary by all other provisions of exercise the motor vehicle safety (a) Pipelines. (1) Exercise the the Federal hazardous material authority vested in the Secretary under authority vested in the Secretary under transportation law (49 U.S.C. 5101 et §§ 3(d), 10, 11 and 13 through 17 chapter 601 of title 49, U.S.C. seq.) except as delegated by §§ 1.83(d)(2) [uncodified provisions] of the (2) Exercise the authority vested in (FAA) and 1.87(d)(2) (FMCSA) of this Transportation Recall Enhancement, the Secretary under section 28 of the subpart and by paragraph 2(99) of Accountability, and Documentation Mineral Leasing Act, as amended (30 Department of Homeland Security (TREAD) Act, Public Law 106–414. U.S.C. 185(a) and 30 U.S.C. 185 (w)(3)). Delegation No. 0170.

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(c) Exercise the authority delegated to § 1.99 Delegations to the Research and (7) Manage the strategic planning the Secretary in the following sections Innovative Technology Administrator. process for transportation R & D across of Executive Order 12777: The Research and Innovative the Department of Transportation and, (1) Section 2(b)(2) relating to the Technology Administrator is delegated through the National Science and establishment of procedures, methods, authority for the following: Technology Council, across the Federal equipment and other requirements to (a) Coordination of departmental Government. prevent discharges from, and to contain research and development programs (8) Carry out the transportation oil and hazardous substances in, and activities. (1) Coordinate, facilitate, research and development strategic pipelines, motor carriers, and railroads; and review all departmental research planning function vested in the and development programs and and Secretary by 23 U.S.C. 508. activities, except those carried out by (9) Conduct transportation system- (2) Section 2(d)(2) relating to the the National Highway Traffic Safety level assessments and policy research. issuance of regulations requiring the Administration, as described in section (10) Facilitate the creation of owners or operators of pipelines, motor 4(b) of the Norman Y. Mineta Research transportation public/private carriers, and railroads, subject to the and Special Programs Improvement Act partnerships. Federal Water Pollution Control Act (33 (Pub. L. 108–426, 118 Stat. 2423). (11) Foster innovation in the U.S.C. 1321 et seq.), to prepare and (2) After consultation with Operating transportation sector. submit response plans. For pipelines Administration and OST offices, RITA (12) Disseminate information on subject to the Federal Water Pollution shall make recommendations to the departmental, national, and Control Act, this authority includes the Secretary on all Operating international transportation R & D approval of means to ensure the Administration and OST research activities. availability of private personnel and budgets. (13) Provide legal support for equipment to remove, to the maximum (b) Science and technology. (1) With Departmental intellectual property and extent practicable, a worst case respect to scientific and technological patent issues. discharge, the review and approval of matters, serve as principal advisor to the (14) Manage department- and response plans, and the authorization of Secretary and representative of the government-wide (inter/multimodal) pipelines to operate without approved Department to the academic transportation R & D programs. response plans. community, the private sector, (15) Oversee such advisory boards professional organizations, and other that deal with transportation system- § 1.98 The Research and Innovative level R & D assessments and issues, Technology Administration. federal, state and local government agencies. such as the Transportation Research Is responsible for: (2) Serve as principal liaison official Board Committee on the Federal (a) Coordinating, facilitating, and for the Department of Transportation Transportation R & D Strategic Planning reviewing the Department’s research with the Office of Science and Process. and development programs and Technology Policy in the Executive (c) Advanced vehicle technology. activities, except as related to NHTSA. Office of the President, the National Carry out the functions vested in the Secretary by section 5111 of the (b) After consultation with Operating Science and Technology Council, and Transportation Equity Act for the 21st Administration and OST offices, making the President’s Committee of Advisors Century (49 U.S.C. 5506), as extended recommendations to the Secretary on all on Science and Technology. by the Surface Transportation Extension Operating Administration and OST (3) Serve as primary official Act of 2004, Part V, Public Law 108– research budgets; responsible for coordination and oversight of the Department’s 310, September 30, 2004, 118 Stat. 1144, (c) Providing leadership on technical, implementation of section 2 of the and section 5513(j) of SAFETEA–LU. navigation, communication, and Federal Technology Transfer Act of (d) Remote sensing technology. Carry systems engineering activities, and 1986 (15 U.S.C. 3710a), relating to the out the functions vested in the Secretary spectrum management on behalf of the transfer of Federal technology to the by section 5113 of the Transportation civil and civilian PNT communities; marketplace; and section 12(d) of the Equity Act for the 21st Century (23 (d) Directing and administering National Technology Transfer and U.S.C. 502 Note), as extended by the university transportation research Advancement Act of 1996 (Pub. L. 104– Surface Transportation Extension Act of grants; 113), as implemented by OMB Circular 2004, Part V, Public Law 108–310, (e) In coordination with FHWA, A–119: Federal Participation in the September 30, 2004, 118 Stat. 1144, and NHTSA, and FMCSA, conducting Development and Use of Voluntary section 5506 of SAFETEA–LU. vehicle-to-vehicle and vehicle-to- Consensus Standards and in Conformity (e) University transportation research. infrastructure research; Assessment Activities. Carry out the functions vested in the Secretary by section 5110 of the (f) Advancing Intelligent (4) Serve as Chair and Executive Transportation Equity Act for the 21st Transportation Systems (ITS) research Secretary of the Department of Century (49 U.S.C. 5505), as extended and deployment of real-time multi- Transportation’s Research, Development by the Surface Transportation Extension modal travel information for travelers, and Technology Planning Council and Act of 2004, Part V, Public Law 108– carriers, and public agencies; Planning Team. (5) Advocate Department of 310, September 30, 2004, 118 Stat. 1144, (g) Providing oversight of the Transportation policy and program and sections 5401 and 5402 of activities of the Volpe National coordination efforts associated with SAFETEA–LU. Transportation Systems Center, the ITS transportation research. (f) Volpe National Transportation Joint Program Office, the Bureau of (6) Represent the Department of Systems Center. Exercise the authority Transportation Statistics, and the Transportation on departmental, vested in the Secretary with respect to Transportation Safety Institute; and national and international committees the activities of the Volpe National (h) Providing technical support to and meetings dealing with Transportation Systems Center as advance the mission of the Secretary’s transportation research and described in 49 U.S.C. 112(d)(1)(E) and Safety Council. development (R & D). carry out the functions vested in the

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Secretary by 49 U.S.C. 328 with respect (establishing and supporting a national (b) Issue allotments or allocations of funds to the working capital fund for financing cooperative freight transportation to components of the Department. the activities of the Volpe National research program). 2. Chief Counsels. The General Counsel has Transportation Systems Center. (p) Positioning, navigation and timing delegated to the Chief Counsels the authority (g) Exercise authority over the delegated to the General Counsel by (PNT) and spectrum management. Amendment 1–41 to part 1 of title 49, Code Transportation Safety Institute. Carry out the functions described in of Federal Regulations, 35 FR 17653, (h) Carry out the functions vested in the Secretarial memo of August 1, 2007, November 17, 1970, as follows: the Secretary by 49 U.S.C. 111 relating ‘‘Positioning, Navigation and Timing Section 855 of the Revised Statutes, as to transportation statistics, analysis, and (PNT) and Spectrum Management amended by Public Law 91–393, 84 Stat. 835 reporting. Realignment under the Research and (40 U.S.C. 255) authorizes the Attorney (i) Carry out the functions vested in Innovative Technology Administration General to delegate to other departments and the Secretary by 49 U.S.C. 5503(d) (RITA).’’ agencies his authority to give written (Office of Intermodalism). approval of the sufficiency to the title to land (q) Carry out the Secretary’s authority being acquired by the United States. The (j) Aviation information. (1) Carry out to establish, operate and manage the the functions vested in the Secretary by Attorney General has delegated to the Nationwide Differential Global Assistant Attorney General in charge of the 49 U.S.C. 329(b)(1) relating to the Positioning System (NDGPS) as Land and Natural Resources Division the collection and dissemination of described in Section 346 of Public Law authority to make delegations under that law information on civil aeronautics. 105–66 (Department of Transportation to other Federal departments and agencies (2) Carry out the functions vested in and Related Agencies Appropriations (35 FR 16084; 28 CFR § 0.66). The Assistant the Secretary by section 4(a)(7) of the Act of 1998). Attorney General, Land and Natural Civil Aeronautics Board Sunset Act of Resources Division, has further delegated 1984 (October 4, 1984; Pub. L. 98–443) § 1.100 The Saint Lawrence Seaway certain responsibilities in connection with relating to the reporting of the extension Development Corporation. the approval of the sufficiency of the title to of unsecured credit to political land to the Department of Transportation as Is responsible for the development, follows: candidates (section 401, Federal operation, and maintenance of that part Election Campaign Act of 1971; 2 U.S.C. of the Saint Lawrence Seaway within Delegation to the Department of 451), in conjunction with the General the territorial limits of the United States. Transportation for the Approval of the Title Counsel and the Assistant Secretary for to Lands Being Acquired for Federal Public Aviation and International Affairs. § 1.101 Delegations to Saint Lawrence Purposes (3) Carry out the functions vested in Seaway Development Corporation Pursuant to the provision of Public Law the Secretary by: 49 U.S.C. 40113 Administrator. 91–393, approved September 1, 1970, 84 Stat. (relating to taking such actions and The Administrator of the Saint 835, amending R.S. 355 (40 U.S.C. 255), and issuing such regulations as may be Lawrence Seaway Development acting under the provisions of Order No. necessary to carry out its air commerce Corporation is delegated authority to: 440–70 of the Attorney General, dated (a) Carry out the functions vested in October 2, 1970, the responsibility for the and safety responsibilities), 49 U.S.C. approval of the sufficiency of the title to land 41702 (relating to the duty of carriers to the Secretary by sections 4, 5, 6, 7, 8, 12 for the purpose for which the property is provide safe and adequate service), 49 and 13 of section 2 of the Port and being acquired by purchase or condemnation U.S.C. 41708 and 41709 (relating to the Tanker Safety Act of 1978 (92 Stat. by the United States for the use of your requirement to keep information and the 1471) [33 U.S.C. 1223–1225, 1227, and Department is, subject to the general forms in which it is to be kept), and 49 1231–1232] as they relate to the supervision of the Attorney General and to U.S.C. 41701 (relating to establishing operation of the Saint Lawrence the following conditions, hereby delegated to just and reasonable classifications of Seaway. your Department. carriers and rules to be followed by (b) Carry out the functions vested in This delegation of authority is further subject to: each) as appropriate to carry out the the Secretary by section 5 of the 1. Compliance with the regulations issued responsibilities under this paragraph in International Bridge Act of 1972 (Pub. L. by the Assistant Attorney General on October conjunction with the General Counsel 92–434) [33 U.S.C. 535c] as it relates to 2, 1970, a copy of which is enclosed. and the Assistant Secretary for Aviation the Saint Lawrence River. 2. This delegation is limited to: and International Affairs. (c) Carry out the functions vested in (a) The acquisition of land for which the (k) Hazardous materials information. the Secretary by section 3(d) of the Act title evidence, prepared in compliance with In coordination with the Under to Prevent Pollution from Ships [33 these regulations, consists of a certificate of Secretary, work with the Operating U.S.C. 1902e] as it relates to ships title, title insurance policy, or an owner’s Administrations to determine data owned or operated by the Corporation duplicate Torrens certificate of title. (b) The acquisition of lands valued at needs, collection strategies, and when engaged in noncommercial $100,000 or less, for which the title evidence analytical techniques appropriate for service. consists of abstracts of title or other types of implementing 49 U.S.C. 5101 et seq. title evidence prepared in compliance with (l) Carry out the functions vested in Appendix A to Part I—Delegations and Redelegations by Secretarial Officers said regulations. the Secretary by section 1801(e) of As stated in the above-mentioned Act, any SAFETEA–LU (establishing and 1. Director of Budget. The Assistant Federal department or agency which has maintaining a national ferry database). Secretary for Budget and Programs and CFO been delegated the responsibility to approve (m) Carry out the functions vested in has redelegated to the Director of Budget land titles under the Act may request the the Secretary by section 5513(c), (d), (g), authority to— Attorney General to render his opinion as to (h), (i), (l), and (m) of SAFETEA–LU (a) Request apportionment and the validity of the title to any real property (establishing various research grants) reapportionment of funds by the Office of or interest therein, or may request the advice (n) Carry out the functions vested in Management and Budget, provided that no or assistance of the Attorney General in request for apportionment or connection with determinations as to the the Secretary by section 5201(m) of reapportionment which anticipates the need sufficiency of titles. SAFETEA–LU (biobased transportation for a supplemental appropriation shall be The Chief Counsels of the Federal Aviation research program). submitted to the Office of Management and Administration, Federal Highway (o) Carry out the functions vested in Budget without appropriate certification by Administration, Federal Railroad the Secretary by 23 U.S.C. 509 the Secretary. Administration, National Highway Traffic

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Safety Administration, Federal Transit delegation to the Department of therein, or (2) provide advice or assistance in Administration, the Saint Lawrence Seaway Transportation. Redelegation of this authority connection with determining the sufficiency Development Corporation, Maritime may only be made by the Chief Counsels to of the title. Administration, and Research and Innovative attorneys within their respective Technology Administration are hereby organizations. Issued at Washington, DC, this 31st day of authorized to approve the sufficiency of the If the organization does not have an July, 2012. title to land being acquired by purchase or attorney experienced and capable in the Ray LaHood, condemnation by the United States for the examination of title evidence, a Chief Secretary of Transportation. use of their respective organizations. This Counsel may, with the concurrence of the delegation is subject to the limitations General Counsel, request the Attorney [FR Doc. 2012–19397 Filed 8–16–12; 8:45 am] imposed by the Assistant Attorney General, General to (1) furnish an opinion as to the BILLING CODE 4910–9X–P Land and Natural Resources Division, in his validity of a title to real property or interest

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Reader Aids Federal Register Vol. 77, No. 160 Friday, August 17, 2012

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 1026...... 49090 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 13 CFR 8844...... 45477 Other Services 8845...... 45895 Ch. 1...... 46806, 46855 8846...... 47763 Electronic and on-line services (voice) 741–6020 14 CFR Privacy Act Compilation 741–6064 8847...... 47765 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 21...... 45921 TTY for the deaf-and-hard-of-hearing 741–6086 13621...... 45471 27...... 48058 13622...... 45897 39 ...... 46929, 46932, 46935, 13623...... 49345 46937, 46940, 46943, 46946, ELECTRONIC RESEARCH 47267, 47273, 47275, 47277, Administrative Orders: World Wide Web Notices: 48419, 48420, 48423, 48425, Full text of the daily Federal Register, CFR and other publications Notice of July 17, 2012 48427, 49702, 49705, 49708, is located at: www.fdsys.gov. (Correction) ...... 45469 49710 Federal Register information and research tools, including Public Notice of August 15, 71 ...... 46282, 46283, 46284, Inspection List, indexes, and links to GPO Access are located at: 2012 ...... 49699 48060, 49712, 49719, 49720 www.ofr.gov. 97...... 45922, 45925 5 CFR E-mail Proposed Rules: 7501...... 46601 39 ...... 45513, 45518, 45979, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 45981, 46340, 46343, 47329, an open e-mail service that provides subscribers with a digital Proposed Rules: Ch. XXII ...... 47328 47330, 47563, 47568, 47570, form of the Federal Register Table of Contents. The digital form 48110, 48469, 48473, 49386, of the Federal Register Table of Contents includes HTML and 6 CFR 49389, 49394, 49396 PDF links to the full text of each document. 5...... 40000, 47767 43...... 49740 To join or leave, go to http://listserv.access.gpo.gov and select 71 ...... 45983, 45984, 45985, Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 45987, 48476, 49399, 49400 (or change settings); then follow the instructions. 205...... 45903 91...... 49740 PENS (Public Law Electronic Notification Service) is an e-mail 272...... 48045 145...... 49740 service that notifies subscribers of recently enacted laws. 273...... 48045 15 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: and select Join or leave the list (or change settings); then follow 278...... 48461 774 ...... 45927, 46948, 48429 the instructions. 279...... 48461 801...... 49721 FEDREGTOC-L and PENS are mailing lists only. We cannot 319...... 46339 Proposed Rules: respond to specific inquiries. 90...... 47783 8 CFR 922...... 46985 Reference questions. Send questions and comments about the Proposed Rules: 1400...... 46346 Federal Register system to: [email protected] 235...... 47558 The Federal Register staff cannot interpret specific documents or 16 CFR regulations. 10 CFR Proposed Rules: Reminders. Effective January 1, 2009, the Reminders, including 2...... 46562 312...... 46643 Rules Going Into Effect and Comments Due Next Week, no longer 11...... 46257 appear in the Reader Aids section of the Federal Register. This 12...... 46562 17 CFR information can be found online at http://www.regulations.gov. 25...... 46257 1...... 48208 51...... 46562 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 43...... 48060 54...... 46562 longer appears in the Federal Register. This information can be 230...... 48208 61...... 46562 found online at http://bookstore.gpo.gov/. 240...... 48208 430...... 49701 241...... 48208 431...... 49701 FEDERAL REGISTER PAGES AND DATE, AUGUST Proposed Rules: Proposed Rules: 50...... 47170 45469–45894...... 1 61...... 48107 45895–46256...... 2 Ch. II ...... 47328 18 CFR 46257–46600...... 3 429...... 49064, 49739 46601–46928...... 6 430 ...... 48108, 49064, 49739 Proposed Rules: 46929–47266...... 7 Ch. III ...... 47328 35...... 46986 47267–47510...... 8 Ch. X...... 47328 47511–47766...... 9 19 CFR 12 CFR 47767–48044...... 10 12...... 45479 48045–48418...... 13 234...... 45907 Proposed Rules: 48419–48854...... 14 235...... 46258 12...... 48918 48855–49344...... 15 1072...... 46606 163...... 48918 49345–49700...... 16 Proposed Rules: 178...... 48918 49701–49990...... 17 1024...... 49090 Ch. II ...... 47572

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21 CFR 117 ...... 47787, 47789, 47792 271...... 47302, 47779 51...... 48448 510...... 46612, 47511 161...... 45911 272...... 46964 54...... 48453 520...... 47511 165 ...... 45911, 46349, 47331, 300...... 45968 73...... 46631 522...... 46612 47334, 49401 700...... 46289 79...... 46632, 48102 524...... 46612, 47511 712...... 46289 90...... 45503 34 CFR 807...... 45927 716...... 46289 Proposed Rules: Proposed Rules: Ch. III...... 45991, 47496 720...... 46289 1...... 49749 Ch. I ...... 48491 Proposed Rules: 721...... 48858 2...... 45558 Ch. III ...... 46658 723...... 46289 90...... 45558 25 CFR 725...... 46289 36 CFR 761...... 46289 502...... 47513 48 CFR 537...... 47514 Proposed Rules: 763...... 46289 Proposed Rules: 571...... 47516 218...... 47337 766...... 46289 19...... 47797 573...... 47517 795...... 46289 37 CFR 796...... 46289 35...... 47797 26 CFR 1 ...... 46615, 48612, 48776, 799...... 46289 1...... 45480 48828, 49354 Proposed Rules: 49 CFR 49...... 48923 Proposed Rules: 3...... 48612, 48776 1...... 49764 52 ...... 45523, 45527, 45530, 1...... 45520, 46987 5...... 46615, 48776 375...... 48460 45532, 45992, 46008, 46352, 40...... 47573 6...... 47528 385...... 49384 46361, 46664, 46672, 46990, 46...... 47573 10...... 46615, 48776 393...... 46633 47573, 47581, 49308, 49404 51...... 46653, 48111 11...... 46615 395...... 46640 60...... 46371 301...... 48922 41...... 46615, 48776 563...... 47552 63...... 46371 42 ...... 48612, 48680, 48734, 571...... 48105 29 CFR 152...... 47351 48756 Proposed Rules: 1910...... 46948 90...... 48612 158...... 47351 161...... 47351 171...... 49168 1926...... 46948, 49722 172...... 49168 2700...... 48429 38 CFR 168...... 47351 180...... 45535 173...... 49168 2701...... 48429 Proposed Rules: 175...... 49168 2702...... 48429 3...... 47795 271...... 47797 272...... 46994 176...... 49168 2704...... 48429 178...... 49168 2705...... 48429 39 CFR 300...... 46009 721...... 48924 190...... 48112 2706...... 48429 241...... 46950 192...... 48112 4022...... 48855 44 CFR 193...... 48112 Proposed Rules: 40 CFR 64...... 46968 195...... 48112 1...... 47787 1...... 46289 67 ...... 46972, 46980, 49360, 199...... 48112 1926...... 49741 9...... 46289, 48858 49367, 49373, 49379 383...... 46010 49...... 48878 563...... 48492 30 CFR Proposed Rules: 52 ...... 45492, 45949, 45954, 567...... 46677 67...... 46994 Proposed Rules: 45956, 45958, 45962, 45965, 935...... 46346 46952, 46960, 46961, 47530, 45 CFR 50 CFR 47533, 47535, 47536, 48061, 32 CFR 48062 162...... 48008 17 ...... 45870, 46158, 48368 Proposed Rules: 60...... 48433, 49490 Proposed Rules: 223...... 48108 323...... 46653 63...... 45967, 49490 1606...... 46995 635...... 47303 81...... 46295, 48062 1618...... 46995 648...... 48915 33 CFR 82...... 47768 1623...... 46995 660 ...... 45508, 47318, 47322 100 ...... 46285, 47279, 47519, 98...... 48072 679 ...... 46338, 46641, 48916 46 CFR 47520, 47522 131...... 46298 Proposed Rules: 117 ...... 46285, 46286, 47282, 150...... 46289 2...... 47544 17 ...... 47003, 47011, 47352, 47524, 47525 164...... 46289 Proposed Rules: 47583, 47587, 48934, 49602, 165 ...... 45488, 45490, 46285, 174...... 47287 401...... 45539, 47582 49894 46287, 46613, 47282, 47284, 178...... 46289 20...... 49680, 49868 47525, 48431, 48856, 49349, 179...... 46289 47 CFR 223...... 45571 49351, 49730 180 ...... 45495, 45498, 46304, 0...... 48090 224...... 45571 Proposed Rules: 46306, 47291, 47296, 47539, 1...... 46307 665...... 46014 110...... 45988 48899, 48902, 48907, 49732 15...... 48097 679...... 47356

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the Ysleta del Sur Pueblo as the ‘‘First Sergeant recharging stations for Tribe to determine blood Landres Cheeks Post Office privately owned vehicles in LIST OF PUBLIC LAWS quantum requirement for Building’’. (Aug. 10, 2012; 126 parking areas under the membership in that tribe. Stat. 1273) jurisdiction of the Senate at This is a continuing list of (Aug. 10, 2012; 126 Stat. no net cost to the Federal public bills from the current H.R. 5986/P.L. 112–163 1213) Government. (Aug. 10, 2012; session of Congress which To amend the African Growth 126 Stat. 1296) have become Federal laws. It H.R. 1905/P.L. 112–158 and Opportunity Act to extend may be used in conjunction Iran Threat Reduction and the third-country fabric S. 1959/P.L. 112–168 Syria Human Rights Act of program and to add South with ‘‘P L U S’’ (Public Laws Haqqani Network Terrorist 2012 (Aug. 10, 2012; 126 Sudan to the list of countries Update Service) on 202–741– Designation Act of 2012 (Aug. Stat. 1214) eligible for designation under 6043. This list is also 10, 2012; 126 Stat. 1299) available online at http:// H.R. 3276/P.L. 112–159 that Act, to make technical www.archives.gov/federal- To designate the facility of the corrections to the Harmonized S. 3363/P.L. 112–169 register/laws. United States Postal Service Tariff Schedule of the United To provide for the use of States relating to the textile The text of laws is not located at 2810 East National Infantry Museum and Hillsborough Avenue in and apparel rules of origin for Soldier Center published in the Federal the Dominican Republic- Register but may be ordered Tampa, Florida, as the Commemorative Coin ‘‘Reverend Abe Brown Post Central America-United States surcharges, and for other in ‘‘slip law’’ (individual Free Trade Agreement, to pamphlet) form from the Office Building’’. (Aug. 10, purposes. (Aug. 10, 2012; 126 2012; 126 Stat. 1270) approve the renewal of import Stat. 1302) Superintendent of Documents, restrictions contained in the U.S. Government Printing H.R. 3412/P.L. 112–160 Burmese Freedom and Last List August 10, 2012 Office, Washington, DC 20402 To designate the facility of the Democracy Act of 2003, and (phone, 202–512–1808). The United States Postal Service for others purposes. (Aug. 10, text will also be made located at 1421 Veterans 2012; 126 Stat. 1274) available on the Internet from Public Laws Electronic Memorial Drive in Abbeville, S. 270/P.L. 112–164 GPO’s Federal Digital System Louisiana, as the ‘‘Sergeant Notification Service (FDsys) at http://www.gpo.gov/ Richard Franklin Abshire Post La Pine Land Conveyance Act (PENS) fdsys. Some laws may not yet Office Building’’. (Aug. 10, (Aug. 10, 2012; 126 Stat. be available. 2012; 126 Stat. 1271) 1279) S. 271/P.L. 112–165 PENS is a free electronic mail H.R. 1369/P.L. 112–156 H.R. 3501/P.L. 112–161 Wallowa Forest Service notification service of newly To designate the facility of the To designate the facility of the Compound Conveyance Act enacted public laws. To United States Postal Service United States Postal Service (Aug. 10, 2012; 126 Stat. subscribe, go to http:// located as 1021 Pennsylvania located at 125 Kerr Avenue in 1281) listserv.gsa.gov/archives/ Avenue in Hartshorne, Rome City, Indiana, as the publaws-l.html Oklahoma, as the ‘‘Warren ‘‘SPC Nicholas Scott Hartge S. 679/P.L. 112–166 Lindley Post Office’’. (Aug. 10, Post Office’’. (Aug. 10, 2012; Presidential Appointment Note: This service is strictly 2012; 126 Stat. 1212) 126 Stat. 1272) Efficiency and Streamlining for E-mail notification of new H.R. 1560/P.L. 112–157 H.R. 3772/P.L. 112–162 Act of 2011 (Aug. 10, 2012; laws. The text of laws is not To amend the Ysleta del Sur To designate the facility of the 126 Stat. 1283) available through this service. Pueblo and Alabama and United States Postal Service S. 739/P.L. 112–167 PENS cannot respond to Coushatta Indian Tribes of located at 150 South Union To authorize the Architect of specific inquiries sent to this Texas Restoration Act to allow Street in Canton, Mississippi, the Capitol to establish battery address.

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