Vol. 76 Friday, No. 122 June 24, 2011

Pages 36961–37240

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 122

Friday, June 24, 2011

Agency for Healthcare Research and Quality Coast Guard NOTICES RULES Agency Information Collection Activities; Proposals, Drawbridge Operation Regulations: Submissions, and Approvals, 37115–37118 Delaware River, between Burlington, NJ and Bristol, PA, 37002 Agriculture Department New Jersey Intracoastal Waterway, Atlantic City, NJ, See Animal and Plant Health Inspection Service 37001–37002 See Food and Nutrition Service Safety Zones: See Forest Service Central Astoria Independence Celebration Fireworks See Rural Utilities Service Event, Wards Island, NY, 37002–37005 Fan Pier Yacht Club Fireworks, Boston Harbor, Boston, Animal and Plant Health Inspection Service MA, 37005–37007 NOTICES Independence Day Fireworks Celebration, Richmond, CA, Agency Information Collection Activities; Proposals, 37012–37014 Submissions, and Approvals: Jameson Beach Fourth of July Fireworks Display, 37009– Importation of Used Farm Equipment From Regions 37012 Affected with Foot-and-Mouth Disease, 37058 Stockton Ports Baseball Club Fourth of July Fireworks Importation of Baby Squash and Baby Courgettes from Display, Stockton, CA, 37007–37009 Zambia, 37055–37056 Special Local Regulations: Importation of Eggplant From Israel, 37054–37055 Seattle Seafair Unlimited Hydroplane Race, 37000–37001 PROPOSED RULES Importation of Longan From Taiwan, 37054 Drawbridge Operation Regulations: Importation of Tomatoes from Souss-Massa-Draa, Apponagansett River, Dartmouth, MA, 37041–37044 Morocco, 37053 Passaic River, Harrison, NJ, 37039–37041 Pale Cyst Nematode, 37056–37057 Virus-Serum-Toxin Act and Regulations, 37057–37058 Commerce Department See Industry and Security Bureau Architectural and Transportation Barriers Compliance See National Oceanic and Atmospheric Administration Board NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 37062–37063 Meetings: Architectural and Transportation Barriers Compliance Committee for Purchase From People Who Are Blind or Board, 37062 Severely Disabled NOTICES Army Department Procurement List; Additions and Deletions, 37069–37070 See Engineers Corps Comptroller of the Currency Blind or Severely Disabled, Committee for Purchase From PROPOSED RULES People Who Are Margin and Capital Requirements for Covered Swap See Committee for Purchase From People Who Are Blind or Entities, 37029–37030 Severely Disabled Office of Thrift Supervision Integration; Dodd-Frank Act Implementation; Correction, 37029 Centers for Disease Control and Prevention Consumer Product Safety Commission NOTICES NOTICES Meetings: Meetings; Sunshine Act, 37070 Development of Best Practices for Community Health Needs Assessment and Implementation Strategy, Corporation for National and Community Service 37119 NOTICES Interagency Committee on Smoking and Health, 37119– Meetings; Sunshine Act, 37070–37071 37120 Manual Materials Handling Workshop, 37118–37119 Defense Department See Engineers Corps Centers for Medicare & Medicaid Services NOTICES NOTICES 36(b)(1) Arms Sales Notifications, 37071–37082 Meetings: Privacy Act; Systems of Records, 37082–37084 Advisory Panel on Outreach and Education, 37120–37121 Medicare Program; Second Semi-Annual Meeting of the Education Department Advisory Panel on Ambulatory Payment NOTICES Classification Groups—August 10, 2011 Through Agency Information Collection Activities; Proposals, August 12, 2011, 37121–37123 Submissions, and Approvals, 37084–37085

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Applications for New Awards: Meetings: Rehabilitation Engineering Research Centers, 37085– National Advisory Council for Environmental Policy and 37089 Technology, 37112–37113 Final Priorities, Disability and Rehabilitation Research Projects and Centers Program, 37090–37094 Executive Office of the President List of Correspondence, 37094–37095 See Presidential Documents Privacy Act; System of Records, 37095–37100

Employee Benefits Security Administration Farm Credit Administration RULES PROPOSED RULES Group Health Plans and Health Insurance Issuers: Margin and Capital Requirements for Covered Swap Internal Claims and Appeals and External Review Entities, 37029–37030 Processes, 37208–37234 Federal Aviation Administration Employment and Training Administration RULES NOTICES Airworthiness Directives: Amended Certifications Regarding Eligibility To Apply for PIAGGIO AERO INDUSTRIES S.p.A Model PIAGGIO P– Worker Adjustment Assistance: 180 Airplanes, 36980–36981 Travelers Indemnity Co. et al., Knoxville, TN, 37153 Rolls-Royce plc RB211–Trent 500 Series Turbofan Eligibility To Apply for Worker Adjustment Assistance; Engines, 36981–36983 Amended Certifications: Marking Meteorological Evaluation Towers, 36983–36986 Indianapolis Metal Center et al., Indianapolis, IN, 37153– PROPOSED RULES 37154 Modification of Class B Airspace: Eligibility To Apply for Worker Adjustment Assistance; Las Vegas, NV; Correction, 37034 Certifications: Covidien et al., Norwood, MA, 37154 Federal Communications Commission Eligibility To Apply for Worker Adjustment Assistance; PROPOSED RULES Determinations, 37154–37157 Improving Wireless Coverage Through the Use of Signal Eligibility To Apply for Worker Adjustment Assistance; Boosters, 37049 Investigations Regarding Certifications, 37157–37158 Radio Broadcasting Services: Bastrop, LA, 37049–37050 Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 37113–37114 Environmental Impact Statements; Availability, etc.: Continued Operation of Sandia National Laboratories, NM, 37100–37103 Federal Deposit Insurance Corporation Meetings: PROPOSED RULES Electricity Advisory Committee, 37103–37104 Margin and Capital Requirements for Covered Swap Entities, 37029–37030 Engineers Corps NOTICES Federal Emergency Management Agency Meetings: NOTICES Board on Coastal Engineering Research, 37084 Major Disaster Declarations: Missouri; Amendment No. 7, 37135 Environmental Protection Agency RULES Federal Energy Regulatory Commission Approvals of Alternative Test Procedures for Analysis of NOTICES Contaminants Under Safe Drinking Water Act: Applications for Abandonment: Analysis and Sampling Procedures, 37014–37021 ANR Pipeline Co., 37104–37105 Final Authorizations of State Hazardous Waste Management Applications: Program Revisions: Pacific Gas and Electric Co., 37105–37106 Louisiana, 37021–37025 PROPOSED RULES Combined Filings, 37106–37108 California State Implementation Plan; Revisions: Declarations of Intentions and Soliciting Comments, San Joaquin Valley Unified Air Pollution Control District, Protests, and/or Motions To Intervene: 37044–37045 Inside Passage Electric Coop., 37108–37109 Final Authorization of State Hazardous Waste Management Environmental Assessments; Availability, etc.: Program Revisions: Proposed Mid-South Expansion Project, Transcontinental Louisiana, 37048–37049 Gas Pipe Line Co., LLC, 37109–37110 Synchronization of Expiration Dates: Initial Market-Based Rate Filings Including Requests for Pesticide Applicator Certificates With Underlying State or Blanket Section 204 Authorizations: Tribal Applicator Certificates, 37045–37048 ORNI 39 LLC, 37110–37111 NOTICES Access to Confidential Business Information by Computer Federal Housing Finance Agency Sciences Corp. and Its Identified Subcontractors, 37111 PROPOSED RULES Environmental Impact Statements; Weekly Receipt, 37111– Margin and Capital Requirements for Covered Swap 37112 Entities, 37029–37030

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Federal Motor Carrier Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Draft Guidance for Industry on Postmarketing Adverse Evaluating the Safety Benefits of an On-Board Monitoring Event Reporting for Medical Products, etc., 37124– System in Commercial Vehicle Operations, 37167– 37126 37168 Guidance for Industry on Pharmacogenomic Data Qualifications of Drivers; Exemption Applications: Submissions, 37123–37124 Diabetes Mellitus, 37171–37173 Debarment Orders: Vision, 37168–37171 Timothy J. Rosio, 37126–37127 Vision; Renewals, 37173–37174 Determination of Regulatory Review Period for Purposes of Patent Extensions: Federal Reserve System INVEGA SUSTENNA, 37128–37129 PROPOSED RULES XYZAL, 37127–37128 Margin and Capital Requirements for Covered Swap Drug Products Not Withdrawn From Sale for Reasons of Entities, 37029–37030 Safety or Effectiveness; Determinations: NOTICES SODIUM FLUORIDE F 18 (Sodium Fluoride F–18) Federal Open Market Committee; Domestic Policy Injection, 37129 Directives, 37114 International Conference on Harmonisation: Formations of, Acquisitions by, and Mergers of Bank Guidance on Q4B Evaluation and Recommendation of Holding Companies, 37114 Pharmacopoeial Texts, etc., 37129–37131 Meetings: Federal Transit Administration Gastrointestinal Drugs and Drug Safety and Risk NOTICES Management Advisory Committees, 37131 Capital Investment Program: Statements of Organizations, Functions, and Delegations of New Starts and Small Starts Program Funds, 37174– Authority, 37131–37132 37175 Environmental Sustainability Program Funds Availability: Transit Investments for Greenhouse Gas and Energy Food and Nutrition Service Reduction Program, et al., 37175–37184 NOTICES State of Good Repair Bus and Bus Facilities Initiative Funds Agency Information Collection Activities; Proposals, Availability: Submissions, and Approvals: Discretionary Bus and Bus Facilities Program, 37184– Federal-State Supplemental Nutrition Program(s) 37189 Agreement, 37059

Financial Crimes Enforcement Network Forest Service RULES Bank Secrecy Act Regulations: NOTICES Reports of Foreign Financial Accounts; Correction, 37000 Environmental Impact Statements; Availability, etc.: Siuslaw National Forest; Oregon; Oregon Dunes NRA Management Area 10 (C) Route, 37059–37061 Fiscal Service Meetings: NOTICES Surety Companies Acceptable on Federal Bonds: Lolo and Kootenai National Forests’ Sanders County Clearwater Insurance Co.; Termination, 37194 Resource Advisory Committee, 37061–37062 St. Paul Fire and Marine Insurance Co. et al.; Change in State of Incorporation, Business Address and Phone, Health and Human Services Department 37194 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Fish and Wildlife Service See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Draft Recovery Plan, Mexican Spotted Owl; First Revision, See National Institutes of Health 37141–37142 See Substance Abuse and Mental Health Services Endangered and Threatened Wildlife and Plants: Administration Incidental Take Permit Application, etc., Charlotte RULES County, FL, 37142–37143 Group Health Plans and Health Insurance Issuers: Environmental Assessments; Availability, etc.: Internal Claims and Appeals and External Review Buck Island, Green Cay, and Sandy Point National Processes, 37208–37234 Wildlife Refuges, U.S. VI, 37143–37145 NOTICES Petitions To Add Class of Employees to Special Exposure Food and Drug Administration Cohort; Determinations, 37114–37115 RULES Medical Devices: Exception From General Requirements for Informed Homeland Security Department Consent, 36989–36993 See Coast Guard Neurological Devices; Clarification of Classification for See Federal Emergency Management Agency Human Dura Mater; Technical Amendment, 36993 See U.S. Customs and Border Protection

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Housing and Urban Development Department Taxpayer Advocacy Panel Volunteer Income Tax NOTICES Assistance Project Committee, 37197 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Justice Department Sustainable Communities Regional Grant Program, NOTICES 37139–37140 Agency Information Collection Activities; Proposals, Buy American Exceptions Under American Recovery and Submissions, and Approvals: Reinvestment Act of 2009, 37140 Semi-Annual Progress Report for Grants to Indian Tribal Federal Property Suitable as Facilities To Assist Homeless, Governments Program, 37151–37152 37140–37141 Lodgings of Consent Decrees, 37152 Lodgings of Proposed Consent Decrees, 37153 Industry and Security Bureau RULES Labor Department Export Controls for High Performance Computers: See Employee Benefits Security Administration Wassenaar Arrangement Agreement Implementation and See Employment and Training Administration Revisions to License Exceptions, 36986–36989 Land Management Bureau Interior Department NOTICES See Fish and Wildlife Service Environmental Assessments; Availability, etc.: See Land Management Bureau Four Federal Coal Lease Applications in Haskell and See National Park Service LeFlore Counties, OK, 37145–37147 NOTICES Meetings: Meetings: Eugene District Resource Advisory Committee, 37147 Exxon Valdez Oil Spill Trustee Council, 37141 Temporary Closures and Temporary Restrictions on Internal Revenue Service Specific Uses of Public Lands: RULES Pershing County, NV, 37147–37150 Extension of Time for Filing Returns, 36996–37000 Group Health Plans and Health Insurance Issuers: National Credit Union Administration Internal Claims and Appeals and External Review RULES Processes, 37208–37234 Golden Parachute and Indemnification Payments: Guidance under Section 956 for Determining Basis of Technical Correction, 36979–36980 Property Acquired in Certain Nonrecognition Sample Income Data to Meet Low-Income Definition, Transactions, 36993–36995 36976–36979 Requirements for Taxpayers Filing Form 5472; Correction, PROPOSED RULES 36995–36996 Financial Deriviatives Transactions To Offset Interest Rate PROPOSED RULES Risk: Deduction Limitation for Certain Employee Remuneration Investment and Deposit Activities, 37030–37034 in Excess of $1,000,000, 37034–37037 Requirements for Group Health Plans and Health Insurance National Highway Traffic Safety Administration Issuers: RULES Internal Claims and Appeals and External Review Make Inoperative Exemptions, Vehicle Modifications To Processes, 37037–37039 Accommodate People With Disabilities: NOTICES Side Impact Protection, 37025–37028 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 37194–37196 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Area 1 Taxpayer Advocacy Panel, 37198 Reports, Forms, and Recordkeeping Requirements, Area 5 Taxpayer Advocacy Panel, 37199 37189–37191 Area 2 Taxpayer Advocacy Panel, 37198 Area 3 Taxpayer Advocacy Panel, 37198 National Institutes of Health Area 4 Taxpayer Advocacy Panel, 37198–37199 NOTICES Area 6 Taxpayer Advocacy Panel, 37197 Meetings: Area 7 Taxpayer Advocacy Panel, 37199 Eunice Kennedy Shriver National Institute of Child Taxpayer Advocacy Panel Earned Income Tax Credit Health and Human Development, 37132–37133 Project Committee, 37199 Eunice Kennedy Shriver National Institute of Child Taxpayer Advocacy Panel Joint Committee, 37197 Health and Human Development; Closed, 37133– Taxpayer Advocacy Panel Notice Improvement Project 37134 Committee, 37196 National Heart, Lung, and Blood Institute; Closed, 37132; Taxpayer Advocacy Panel Small Business/Self Employed 37134 Correspondence Exam Toll Free Project Committee, National Institute of Diabetes and Digestive and Kidney 37196–37197 Diseases; Closed, 37133 Taxpayer Advocacy Panel Small Business-Self Employed Correspondence Exam Practitioner Engagement National Oceanic and Atmospheric Administration Project Committee, 37200 PROPOSED RULES Taxpayer Advocacy Panel Tax Forms and Publications Sea Turtle Conservation and Recovery Actions: Project Committee, 37200 Intent To Prepare an Environmental Impact Statement Taxpayer Advocacy Panel Taxpayer Assistance Center and To Conduct Public Scoping Meetings, 37050– Project Committee, 37199–37200 37052

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NOTICES Small Business Administration Applications: NOTICES Marine Mammals; File No. 16510, 37063 Disaster Declarations: Meetings: Illinois Disaster Number Il–00031, 37166 Gulf of Mexico Fishery Management Council, 37063– Oklahoma Disaster Number OK–00050, 37166 37064 Major Disaster Declarations: National Saltwater Angler Registry Program, 37064–37065 Kentucky; Amendment 7, 37166–37167 Permits: Surrender of Licenses of Small Business Investment Endangered Species; File Nos. 16266 and 16291, 37065 Companies: Marine Mammals; File No. 14502, 37065 Pacific Northwest Partners, L. P., 37167 Takes of Marine Mammals Incidental to Specified Activities: State Department Marine Geophysical Survey in Central-Western Bering NOTICES Sea, August 2011; Correction, 37066–37069 Continuation of Waiver Authority, 37167

National Park Service Substance Abuse and Mental Health Services NOTICES Administration National Register of Historic Places: Pending Nominations and Related Actions, 37150–37151 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37134–37135 National Science Foundation NOTICES Surface Transportation Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 37158–37160 Acquisition Exemptions: Texas Department of Transportation Line of Union Nuclear Regulatory Commission Pacific Railroad Co., 37191 NOTICES Quarterly Rail Cost Adjustment Factor, 37191–37192 Environmental Impact Statements; Availability, etc.: Trackage Rights Exemptions: In-Situ Leach Uranium Milling Facilities; Lost Creek In- Lake Providence Port Commission and Delta Southern Situ Recovery Project, Sweetwater County, WY, Railroad, Inc., 37192 37160–37161 Mid-Michigan Railroad, Inc., Texas Northeastern Railroad, Line of Texas Department of Postal Regulatory Commission Transportation, 37192 NOTICES Transportation Department Meetings; Sunshine Act, 37161 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Presidential Documents See Federal Transit Administration ADMINISTRATIVE ORDERS See National Highway Traffic Safety Administration North Korea; Continuation of National Emergency (Notice See Research and Innovative Technology Administration of June 23, 2011), 37235–37238 See Surface Transportation Board Western Balkans; Continuation of National Emergency (Notice of June 23, 2011), 37239 Treasury Department See Comptroller of the Currency Public Debt Bureau See Financial Crimes Enforcement Network See Fiscal Service See Fiscal Service See Internal Revenue Service Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 37193 Competition for University Transportation Centers Program Privacy Act; Systems of Records, 37193–37194 Grants, 37191 U.S. Customs and Border Protection Rural Utilities Service NOTICES RULES Commercial Gaugers and Laboratories; Accreditations and Standards and Specifications for Timber Products Approvals: Acceptable for Use by Electric and Intertek Usa, Inc., 37135 Telecommunications Borrowers, 36961–36976 Post-Entry Amendment (PEA) Processing Test: Modification, Clarification, and Extension, 37136 Securities and Exchange Commission Post-Summary Corrections to Entry Summaries Filed in NOTICES ACE Pursuant to ESAR IV Test, 37136–37139 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37161–37162 Veterans Affairs Department Self-Regulatory Organizations; Proposed Rule Changes: RULES Fixed Income Clearing Corp., 37165–37166 Reimbursement Offsets for Medical Care or Services, NASDAQ OMX PHLX LLC, 37163–37165 37202–37206 Options Clearing Corp., 37162–37163

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Separate Parts In This Issue

Part II Veterans Affairs Department, 37202–37206 Reader Aids Consult the Reader Aids section at the end of this page for Part III phone numbers, online resources, finding aids, reminders, Health and Human Services Department, 37208–37234 and notice of recently enacted public laws. Labor Department, Employee Benefits Security Administration, 37208–37234 To subscribe to the Federal Register Table of Contents Treasury Department, Internal Revenue Service, 37208– LISTSERV electronic mailing list, go to http:// 37234 listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Part IV settings); then follow the instructions. Presidential Documents, 37235–37239

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 24...... 37049 1728...... 36961 27...... 37049 1755...... 36961 73...... 37049 90...... 37049 12 CFR 95...... 37049 701...... 36976 750...... 36979 49 CFR Proposed Rules: 595...... 37025 4...... 37029 50 CFR 5...... 37029 Proposed Rules: 7...... 37029 223...... 37050 8...... 37029 28...... 37029 34...... 37029 45...... 37029 237...... 37029 324...... 37029 624...... 37029 703...... 37030 1221...... 37029 14 CFR 39 (2 documents) ...... 36980, 36981 77...... 36983 Proposed Rules: 71...... 37034 15 CFR 734...... 36986 740...... 36986 743...... 36986 774...... 36986 21 CFR 50...... 36989 882...... 36993 26 CFR 1 (4 documents) ...... 36993, 36995, 36996 54 (2 documents) ...... 36996, 37208 Proposed Rules: 1...... 37034 54...... 37037 29 CFR 2590...... 37208 31 CFR 1010...... 37000 33 CFR 100...... 37000 117 (2 documents) ...... 37001, 37002 165 (5 documents) ...... 37002, 37005, 37007, 37009, 37012 Proposed Rules: 117 (2 documents) ...... 37039, 37041 38 CFR 17...... 37202 40 CFR 141...... 37014 271...... 37021 Proposed Rules: 52...... 37044 171...... 37045 271...... 37048 45 CFR 147...... 37208 47 CFR Proposed Rules: 1...... 37049 2...... 37049 22...... 37049

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Rules and Regulations Federal Register Vol. 76, No. 122

Friday, June 24, 2011

This section of the FEDERAL REGISTER (OMB) review for purposes of Executive Information Collection and contains regulatory documents having general Order 12866 and, therefore, has not Recordkeeping Requirements applicability and legal effect, most of which been reviewed by OMB. are keyed to and codified in the Code of This information collection and Federal Regulations, which is published under Executive Order 12372 recordkeeping requirements contained 50 titles pursuant to 44 U.S.C. 1510. in this final rule are cleared under OMB This final rule is excluded from the control number 0572–0076 pursuant to The Code of Federal Regulations is sold by scope of Executive Order 12372, the Paperwork Reduction Act of 1995 the Superintendent of Documents. Prices of Intergovernmental Consultation, which (44 U.S.C. Chapter 35, as amended). new books are listed in the first FEDERAL REGISTER issue of each week. may require consultation with State and Catalog of Federal Domestic Assistance local officials. A notice of final rule The program described by this final entitled ‘‘Department Programs and rule is listed in the Catalog of Federal DEPARTMENT OF AGRICULTURE Activities Excluded from Executive Domestic Assistance Programs under Order 12372’’ (50 FR 47034) exempted No. 10.850, Rural Electrification Loans Rural Utilities Service the Rural Utilities Service loans and and Loan Guarantees. This catalog is loan guarantees from coverage under available on a subscription basis from 7 CFR Parts 1728 and 1755 this order. the Superintendent of Documents, U.S. Standards and Specifications for Executive Order 12988 Government Printing Office, Timber Products Acceptable for Use Washington, DC 20402–9325, telephone by Rural Utilities Service Electric and This final rule has been reviewed number (202) 512–1800. Telecommunications Borrowers under Executive Order 12988, Civil Executive Order 12372 Justice Reform. The Rural Utilities AGENCY: Rural Utilities Service, USDA. Service has determined that this rule This final rule is excluded from the scope of Executive Order 12372, ACTION: Final rule. meets the applicable standards provided Intergovernmental Consultation, which in section 3 of the Executive Order. In SUMMARY: The Rural Utilities Service may require consultation with State and (RUS) is amending its regulations on addition, all State and local laws and local officials. See the final rule related Electric and Telecommunications regulations that are in conflict with this notice titled ‘‘Department Programs and Standards and Specifications for final rule will be preempted. No Activities Excluded from Executive Materials, Equipment and Construction, retroactive effect will be given to this Order 12372’’ (50 FR 47034), advising by codifying specifications for wood final rule and in accordance with that the Rural Utilities Service loans and poles, stubs and anchor logs, wood section 212(e) of the Department of loan guarantees are excluded from the crossarms (solid and laminated), Agriculture Reorganization Act of 1994 scope of Executive Order 12372. transmission timbers and pole keys, and (7 U.S.C. 6912(e)) administrative appeal Unfunded Mandates for quality control and inspection of procedures, if any, must be exhausted timber products. RUS is updating these before an action against the Department This final rule contains no Federal specifications to conform with revisions or its agencies may be initiated. Mandates (under the regulatory to the American Wood Preservers’ provision of title II of the Unfunded Association (AWPA) standards and Executive Order 13132 Mandates Reform Act of 1995 [2 U.S.C. follow agency policy on insurance Chapter 25]) for State, local, and tribal This final rule will not have requirements. governments or the private sector. Thus, substantial direct effects on the States, this final rule is not subject to the DATES: Effective Date: This final rule on the relationship between the national will become effective July 25, 2011. requirements of sections 202 and 205 of government and the States, or on the Unfunded Mandates Reform Act of Incorporation by Reference: The distribution of power and incorporation by reference of certain 1995. responsibilities among the various publications listed in this rule is levels of government. Under Executive National Environmental Policy Act approved by the Director of the Federal Certification Register as of July 25, 2011. Order 13132, this final rule does not have sufficient federalism implications The Rural Utilities Service has FOR FURTHER INFORMATION CONTACT: Mr. to require preparation of a Federalism determined that this final rule will not H. Robert Lash, Transmission Branch, Assessment. significantly affect the quality of the Electric Staff Division, Rural Utilities human environment as defined by the Service, U.S. Department of Agriculture, Regulatory Flexibility Act Certification National Environmental Policy Act of Room 1246, STOP 1569, 1400 1969 (42 U.S.C. 4321 et seq.). Therefore, The Rural Utilities Service has been Independence Ave., SW., Washington, this action does not require an DC 20250–1569; telephone: (202) 720– determined that the Regulatory environmental impact statement or 0486, or, e-mail: Flexibility Act is not applicable to this assessment. [email protected]. rule since USDA Rural Utilities Service General Discussion SUPPLEMENTARY INFORMATION: is not required by 5 U.S.C. 551 et seq. or any other provision of the law to A proposed rule entitled ‘‘Standards Executive Order 12866 publish a notice of proposed rulemaking and Specifications for Timber Products This final rule is exempted from the with request to the subject matter of this Acceptable for Use by Rural Office of Management and Budget rule. Development Utilities Programs’

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Electric and Telecommunications greatest degree of separation and Western Red Cedar in the table in Borrowers’’ was published in the eliminate any appearance of conflict of paragraph 8.2 of Bulletin 1728F–700 is Federal Register on September 29, 2008 interest. not in agreement with American Wood at 73 FR 56513, and the public was Protection Association Standards. Summary of Comments invited to submit comments on or before Agency Response: Bulletin 1728F–700 November 28, 2008. Comments were The Agency received comments and was revised to meet the AWPA received and are addressed in the recommendations in response to the standard. Summary of Comment section of this proposed rule from the following Comment: NMWPC, Timber Products rule. organizations: North American Wood Inspection and TEC mentioned that the The Rural Utilities Service maintains Pole Council (NAWPC), McFarland wording in paragraph 9.6.2 of Bulletin bulletins that contain construction Cascade, Cox Industrial Group, Wood 1728F–700 be revised from standards and specifications for Quality Control (WQC), Cox Industrial ‘‘supplemental groundline type materials and equipment. These Group, Lee Inspection and Consulting preservative’’ to ‘‘a preservative standards and specifications apply to Services, A.W. Williams Inspection Co. approved for use in ground line contact systems constructed by electric and (AWW), Texas Electric Cooperatives by the AWPA.’’ telecommunications borrowers in (TEC), Timber Products Inspection and Agency Response: Wording was accordance with the loan contract, and Dis-Tran Wood Products. No comments revised to use ‘‘a preservative approved contain standard construction units, from any other sources were received. for use by AWPA.’’ materials, and equipment units used on These comments and recommendations Comment: Lee Inspection, NMWPC, electric and telecommunications and the Agency’s responses are Timber Products Inspection and AWW borrowers’ systems. Bulletins 1728F– summarized as follows: felt to certify inspectors and quality 700, ‘‘Specification for Wood Poles, Comment: Lee Inspection, NAWPC, control personnel on the use of XRF Stubs and Anchor Logs’’; 1728H–701, TEC, and AWW questioned the need for equipment was unreasonable. ‘‘Specification for Wood Crossarms liability insurance and errors and Agency Response: RUS agrees that (Solid and Laminated), Transmission emission insurance and the amount of this requirement may be difficult to Timbers and Pole Keys’’; and 1728H– coverage. achieve because there is no organization 702, ‘‘Specification for Quality Control Agency Response: RUS has required set up to perform this service. This and Inspection of Timber Products’’, outside contractors doing work for provision was eliminated. establish standards for the manufacture borrowers to have high levels of liability Comment: McFarland and TEC raised and inspection of wood utility poles, insurance for many years. The insurance questions about the addition of the crossarms and poles keys. The summary requirement was added to stay in line inspection agency’s designation on the of the major changes to these three with present agency practices. The face brand and the use of tags. bulletins are as follows: proposed insurance was reviewed and Agency Response: This requirement 1. All references cited in these the errors and omission insurance does not add an extra line to the face bulletins are updated to the latest requirement was eliminated for pole brand. It replaces the Quality Assurance edition. and crossarm producers. Since mark currently required on the second 2. The definition ‘‘pole broker’’ was inspection agencies are performing a line of the brand. Treaters will be given added to the list of definitions to service, their liability and errors and 6 months from the publication date of include as many organizations as omissions insurance requirement this notice to revise their face brands. possible to provide borrowers a source remains. For treaters using metal tags, if the from which they might purchase wood Comment: NAWPC and Timber existing tag cannot be altered to show products. Products Inspection questioned the the independent inspection agency 3. Allow borrowers six months to need to treat kiln dried poles within 30 designation a separate tag showing this notify treating plants about poles not days after drying. information shall be added. Metal tag meeting the required preservative Agency Response: Paragraph 4.2.1 of users have three months to start revising retention. Bulletin 1728F–700 dated September their current tags or ordering an 4. In accordance with RUS policy on 1993 requires that ‘‘kiln dried poles additional tags to show the agency insurance requirements for contractors shall be treated within 1 month from the information. working for borrowers, the specification time they are removed from the kiln.’’ Comment: Lee Inspection disagrees was revised to require manufacturers This has been an RUS requirement for with the RUS’s proposal to not allow and inspection agencies to maintain nearly twenty years and RUS believes one independent inspection agency to certain limits of liability and errors and that this requirement is needed. subcontract their contracted inspection omission insurance. Comment: NAWPC and Timber to another party. 5. All poles are required to be Products Inspection questioned why Agency Response: When an Electric sterilized during the conditioning or there is an inconsistency in paragraph Borrower designates an inspection treating cycle. This sterilization should 8.1 of Bulletin 1728F–700 concerning agency to act as their agent and inspect further reduce the number of poles with sterilization of Douglas fir poles. pole on their behalf the RUS believes pre-treatment decay. Agency Response: The sterilization they actually want that company to do 6. Required to brand independent time for Douglas-fir is revised to be in the work. RUS believes that this inspection agency’s identification on the line with other species. requirement is reasonable. face of the pole. Comment: McFarland, NAWPC and Comment: Lee Inspection disagrees 7. RUS revised the qualifications for Timber Products Inspection suggested with the RUS’s stand on not allowing inspectors and quality control personnel the inclusion of the modified full cell independent inspection agencies to offer and will return to the qualifications process to help control overtreatment. product warranties on inspected from the 1987 edition of the Agency Response: The modified full material. specifications. cell process was added as suggested. Agency Response: RUS wants, as a 8. Provisions are added to further Comment: Timber Products secured lender, to eliminate any clarify that wood products, producers Inspection pointed out that the appearance of a conflict of interest and inspection agencies maintain the maximum temperature for treatment in between independent inspectors and

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treaters. A product warranty put out by instances where suppliers have tried to code_of_federal_regulations/ibr_ an inspection agency for a pole or start using this program again. locations.htm. crossarm produced by another company Comment: WQC suggested that RUS (a) The following RUS bulletins are is unacceptable. RUS is not changing limit the percentage of defects of a ‘‘lot’’ available from the Rural Utilities this provision. of poles from 15% to 5%, which is the Service, Room 1246–S, U.S. Department Comment: Lee Inspection and AWW AWPA limit, before the entire lot is of Agriculture, Washington, DC 20250. are concerned with the wording rejected. For information on the availability of ‘‘Failure of a selected third-party Agency Response: In response, RUS this material, call (202) 720–1900. The inspection agency to properly perform will revise their reject percentage to stay bulletins containing construction their required overview responsibilities in line with AWPA Standards. standards (50–4 and 1728F–803 to may subject said agency to subsequent 1728F–811) may be obtained from the List of Subjects liability claims for unsatisfactory or Superintendent of Documents, U.S. inadequate product performance.’’ 7 CFR Part 1728 Government Printing Office (GPO) for Agency Response: This specific Electric power, Incorporation by Washington, DC 20402, Phone: 1–866– language will be from the final rule, reference, Loan programs—energy, 512–1800 (toll-free) 202–512–1800 (DC however, the potential liability incurred Reporting and recordkeeping Area) or go to the GPO Web site at: by the inspection agency for any requirements, Rural areas. http://www.gpoaccess.gov/about/ improper performance will be left up to index.html. the borrower. 7 CFR Part 1755 (1) Bulletin 50–4 (D–801), Comment: Lee Inspection and AWW Incorporation by reference, Loan Specification and Drawings for 34.5/ felt the frequency of the precision check programs—communications, Reporting 19.9 kV Distribution Line Construction by independent inspectors for the x-ray and recordkeeping requirements, Rural (11–86), incorporation approved for fluorescence instrument at treating plant areas, Telephone. § 1728.98. weekly was too onerous. For reasons set forth in the preamble, (2) Bulletin 50–15 (DT–3), RUS Agency Response: In some cases this chapter XVII of title 7 of the Code of Specifications for Pole Top Pins with requirement could be too burdensome. 3 8′ Federal Regulations is amended as 1 ⁄ Diameter Lead Thread (1–51), In response, the frequency was changed follows: incorporation approved for § 1728.98. to monthly for analysis of preservative (3) Bulletin 50–16 (DT–4), RUS and treated wood at the inspector’s PART 1728—ELECTRIC STANDARDS Specifications for Angle Suspension agency laboratory. AND SPECIFICATIONS FOR Brackets (3–52), incorporation approved Comment: Cox Industrial Group and MATERIALS AND CONSTRUCTION for § 1728.98. Dis-Tran wanted to require borrowers to (4) Bulletin 50–19 (DT–7), RUS store crossarms under cover to be ■ 1. The authority citation for part 1728 Specifications for Clevis Bolts (8–53), eligible for the one year warranty. continues to read as follows: incorporation approved for § 1728.98. Agency Response: The conformance (5) Bulletin 50–23 (DT–18), RUS Authority: 7 U.S.C. 901 et seq.; 1921 et ″ period of one year from date of delivery seq., 6941 et seq. Specifications for 60 Wood Crossarm should not be affected if arms are stored Braces (2–71), incorporation approved indoors, outdoors or installed on poles. ■ 2. Revise § 1728.97 to read as follows: for § 1728.98. As a result, RUS will not change the (6) Bulletin 50–31 (D–3), RUS § 1728.97 Incorporation by reference of Specifications for Pole Top Pins with 1’’ proposal. electric standards and specifications. Comment: Timber Products Diameter Lead Threads (2–79), Inspection noted that the radial drilling The materials listed below are incorporation approved for § 1728.98. depths were left off Table 10 in Bulletin incorporated by reference in the (7) Bulletin 50–32 (D–4), RUS 1728F–700. corresponding sections noted. The Specifications for Steel Crossarm Agency Response: This information Director of the Federal Register Mounted Pins with 1″ Diameter Lead was added back into the bulletin. approves the incorporations by Threads (10–50), incorporation Comment: McFarland Cascade reference in accordance with 5 U.S.C. approved for § 1728.98. questioned the limiting of butt treated 552(a) and 1 CFR part 51. A notice of (8) Bulletin 50–33 (D–5), RUS poles to arid regions. any change in these materials will be Specifications for Single and Double Agency Response: Since butt treated published in the Federal Register. Upset Spool Bolts (2–51), incorporation poles have shown to have good Standards and specifications materials approved for § 1728.98. durability in areas other than arid are available for purchase at the (9) Bulletin 50–34 (D–6), RUS regions the final rule is revised to limit addresses in the corresponding sections Specifications for Secondary Swinging their use to low to moderate decay noted below. The materials incorporated Clevises (12–70), incorporation zones. by reference may also be inspected at approved for § 1728.98. Comment: McFarland Cascade and the Rural Utilities Service’s Program (10) Bulletin 50–35 (D–7), RUS Timber Products questioned allowing Development and Regulatory Analysis, Specifications for Service Swinging through boring for poles were raised. Stop 1520, Room 5820–S, Washington, Clevises (9–52), incorporation approved Agency Response: In response to this, DC 20250–1522, call (202) 720–8674. for § 1728.98. a section on allowing through boring Bulletins are also available for (11) Bulletin 50–36 (D–8), RUS was added. inspection at the National Archives and Specifications for Service Deadend Comment: WQC suggested that the Records Administration (NARA). For Clevises (9–52), incorporation approved Insured Warranty program be removed information on the availability of these for § 1728.98. since it has not been used in many materials at NARA, call (202) 741–6030, (12) Bulletin 50–40 (D–14), RUS years. or go to: http://www.archives.gov/or at Specifications for Pole Top Brackets for Agency Response: This plan for the Office of the Federal Register, 800 Channel Type Pins (9–51), supplying poles has continued to be North Capitol Street, NW., suite 700, incorporation approved for § 1728.98. included to keep several options open Washington, DC, or go to: http:// (13) Bulletin 50–41 (D–15), RUS for suppliers. There have been a few www.archives.gov/federal_register/ Specifications for Service Wireholders

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(11–51), incorporation approved for Structural Glued Laminated Timber, (8) AWPA M2–07, Standard for § 1728.98. copyright 2004, (incorporation by Inspection of Wood Products Treated (14) Bulletin 50–55 (T–2), RUS reference approved for §§ 1728.201 and with Preservatives, reaffirmed in 2007, Specifications for Overhead Ground 1728.202. incorporation by reference approved for Wire Support Brackets (5–53), (2) [Reserved] § 1728.202. incorporation approved for § 1728.98. (c) The following standards are (9) AWPA M3–05, Standard Quality (15) Bulletin 50–56 (T–3), RUS available for purchase from the Control Procedures for Wood Preserving Specifications for Steel Plate Anchors American National Standards Institute Plants, amended in 2005, incorporation for Transmission Lines (12–53), (ANSI), 25 West 43rd Street, New York, by reference approved for § 1728.202. incorporation approved for § 1728.98. New York 10036, telephone (212) 642– (10) AWPA P1/P13–06, Standard for (16) Bulletin 50–60 (T–9), RUS 4900, Web address: http:// Creosote Preservative, reaffirmed in Specification—Single Pole Steel www.ansi.org/. 2006, incorporation by reference Structures, Complete with Arms (12– (1) ANSI O5.2–2006, American approved for §§ 1728.201 and 1728.202. 71), incorporation approved for National Standard for Wood Products, (11) AWPA P5–08, Standard for § 1728.98. Structural Glued Laminated Timber for Waterborne Preservatives, revised in (17) Bulletin 50–72 (U–4), RUS Utility Structures, approved December 2008, incorporation by reference Specification for Electrical Equipment 5, 2006, incorporation by reference approved for §§ 1728.201and 1728.202. Enclosures (5–35 kV) (10–79), approved for §§ , 1728.201, 1728.202. (12) AWPA P8–08, Standard for Oil- incorporation approved for § 1728.98. (2) ANSI O5.3.2008, American Borne Preservatives, revised in 2008, (18) Bulletin 50–73 (U–5), RUS National Standard for Wood Poles and incorporation by reference approved for Specifications for Pad-Mounted Wood Products, Solid Sawn-Wood §§ 1728.201and 1728.202. Transformers (Single and Three-Phase) Crossarms & Braces—Specifications & (13) AWPA P9–06, Standards for (1–77), incorporation approved for Dimensions, approved July 15, 2008, Solvents and Formulations for Organic § 1728.98. incorporation by reference approved for Preservative Systems, copyright 2008, (19) Bulletin 50–74 (U–6), RUS § 1728.201. incorporation by reference approved for Specification for Secondary Pedestals (d) [Reserved] §§ 1728.201 and 1728.202. (600 Volts and Below) (10–79), (e) The following standards from the (f) The following material is available incorporation approved for § 1728.98. American Wood Protection Association from Southern Pine Inspection Bureau (20) Bulletin 50–91 (S–3), RUS (AWPA), Book of Standards, 2008 Standards, 4709 Scenic Highway, Specifications for Step-Down edition, are available for purchase from Pensacola, Florida 32504–9094, Distribution Substation Transformers AWPA, P.O. Box 361784, Birmingham, telephone (850) 434–2611. The web (34.4–138 kV) (1–78), incorporation AL 35236–1784, telephone 205–733– address for the Southern Pine approved for § 1728.98. 4077, http://www.awpa.com/. Inspection Bureau is http:// (21) Bulletin 1728F–700, RUS (1) AWPA A1–06, Standard Methods www.spib.org/. Specification for Wood Poles, Stubs and for Analysis of Creosote and Oil-Type (1) Special Product Rules for Anchor Logs (3–2011), incorporation Preservatives, amended in 2006, Structural, Industrial, and Railroad- approved for §§ 1728.98, 1728.202. incorporation by reference approved for Freight Car Lumber, effective October (22) Bulletin 1728F–803, §§ 1728.201 and 1728.202. 15, 1991, incorporation by reference Specifications and Drawings for 24.9/ (2) AWPA A2–08, Standard Methods approved for § 1728.201. 14.4 kV Line Construction (10–98), for Analysis of Waterborne Preservatives (2) [Reserved] incorporation approved for § 1728.98. and Fire-Retardant Formulations, 2008, (g) The following material is available (23) Bulletin 1728F–804 (D–804), incorporation by reference approved for for purchase from West Coast Lumber Specification and Drawings for 12.47/ §§ 1728.201 and 1728.202. Inspection Bureau, P.O. Box 23145, 7.2 kV Line Construction, October 2005, (3) AWPA A3–08, Standard Methods Portland, Oregon 97281, telephone (503) incorporation approved for § 1728.98. for Determining Penetration of 639–0651, fax (503) 684–8928. The web (24) Bulletin 1728F–806 (D–806), Preservatives and Fire Retardants, address for is http://www.wclib.org/. Specifications and Drawings for revised in 2008, incorporation by (1) Standard No. 17, Grading Rules for Underground Electric Distribution, June reference approved for §§ 1728.201and West Coast Lumber, Revised January 1, 2000, incorporation approved for 1728.202. 2004, incorporation by reference § 1728.98. (4) AWPA A5–05, Standard Methods approved for § 1728.201. (25) Bulletin 1728F–810, Electric for Analysis of Oil-Borne Preservatives, (2) [Reserved] Transmission Specifications and 2008, incorporation by reference Drawings, 34.5 kV to 69 kV (3–98), approved for §§ 1728.201 and 1728.202. ■ 3. Add new § 1728.98 to read as incorporation approved for §§ 1728.98 (5) AWPA A6–01, Method for the follows: and 1728.201. Determination of Oil-Type Preservatives (26) Bulletin 1728F–811, Electric and Water in Wood, amended in 2001, § 1728.98 Electric standards and Transmission Specifications and incorporation by reference approved for specifications. Drawings, 115 kV to 230 kV (3–98), § 1728.202. (a) To comply with this part, you incorporation approved for §§ 1728.98 (6) AWPA A7–04, Standard for Wet must follow the requirements contained and 1728.201. Ashing Procedures for Preparing Wood in the following REA/RUS bulletins. (b) The following material is available for Chemical Analysis, amended in These bulletins are incorporated by for purchase from American Institute of 2004, incorporation by reference reference in § 1728.97 of this part. Timber Construction (AITC), 7012 S. approved for § 1728.202. (1) Bulletin 50–4 (D–801), Revere Park Way, Englewood, Colorado (7) AWPA A9–01, Standard Method Specification and Drawings for 34.5/ 80112, telephone (303) 792–9559, web for Analysis of Treated Wood and 19.9 kV Distribution Line Construction address: https://www.aitc-glulam.org/ Treating Solutions By X-Ray (11–86). index.asp. Spectroscopy, amended in 2001, (2) Bulletin 50–15 (DT–3), RUS (1) AITC 200–2004, Manufacturing incorporation by reference approved for Specifications for Pole Top Pins with Quality Control Systems Manual For §§ 1728.201 and 1728.202. 13⁄8′ Diameter Lead Thread (1–51).

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(3) Bulletin 50–16 (DT–4), RUS (25) Bulletin 1728F–810, Electric that specifically requires the producer to Specifications for Angle Suspension Transmission Specifications and comply with the provisions of this part. Brackets (3–52). Drawings, 34.5 kV to 69 kV (3–98). The purchase order shall contain a (4) Bulletin 50–19 (DT–7), RUS (26) Bulletin 1728F–811, Electric provision that specifically requires the Specifications for Clevis Bolts (8–53). Transmission Specifications and producer to make the treating plant and (5) Bulletin 50–23 (DT–18), RUS Drawings, 115 kV to 230 kV (3–98). storage areas available, during normal Specifications for 60″ Wood Crossarm (b) The terms ‘‘RUS form’’, ‘‘RUS business hours, in order for Braces (2–71). standard form’’, ‘‘RUS specification’’, representatives of either the purchaser (6) Bulletin 50–31 (D–3), RUS and ‘‘RUS bulletin’’ have the same or this agency to inspect such to ″ Specifications for Pole Top Pins with 1 meanings as the terms ‘‘REA form’’, determine compliance with the Diameter Lead Threads (2–79). ‘‘REA standard form’’, ‘‘REA standards and specifications of this part. (7) Bulletin 50–32 (D–4), RUS specification’’, and ‘‘REA bulletin’’, (6) The producer shall provide the Specifications for Steel Crossarm respectively unless otherwise indicated. ″ inspectors with full information Mounted Pins with 1 Diameter Lead ■ 4. Sections 1728.201 and 1728.202 are (drawings, etc.) relating to the Threads (10–50). revised to read as follows: requirements contained in the purchase (8) Bulletin 50–33 (D–5), RUS order which is supplementary to this Specifications for Single and Double § 1728.201 Bulletin 1728H–701, specification. Upset Spool Bolts (2–51). Specification for Wood Crossarms (Solid (9) Bulletin 50–34 (D–6), RUS and Laminated), Transmission Timbers and (7) The producer shall maintain, or Specifications for Secondary Swinging Pole Keys. have access to, adequate laboratory Clevises (12–70). (a) General Provisions. (1) This facilities at or very near the treating (10) Bulletin 50–35 (D–7), RUS section implements contractual plant, and all chemical tests, assays or Specifications for Service Swinging provisions between Rural Utilities analyses associated with the treatment Clevises (9–52). Service (RUS) and borrowers receiving shall be independently performed in (11) Bulletin 50–36 (D–8), RUS financial assistance. The contractual this laboratory by both the quality Specifications for Service Deadend agreement between RUS and its control designee and the borrower’s Clevises (9–52). borrowers requires the borrower’s inspector. The producer may use a (12) Bulletin 50–40 (D–14), RUS system to be constructed in accordance central laboratory as accepted on a case- Specifications for Pole Top Brackets for with agency accepted plans and by-case basis. Channel Type Pins (9–51). specifications. Each electric borrower (8) Inspection and treatment of all (13) Bulletin 50–41 (D–15), RUS must purchase only wood crossarms timber products produced under this Specifications for Service Wireholders produced in accordance with the specification shall be performed after (11–51). specification in this section. receipt of the order from the purchaser, (14) Bulletin 50–55 (T–2), RUS (2) Each electric borrower shall except as provided for reserve treated Specifications for Overhead Ground require each contractor to agree in stock. Wire Support Brackets (5–53). writing to furnish only materials (9) The testing and inspection of the (15) Bulletin 50–56 (T–3), RUS produced in accordance with the lamination process shall be in Specifications for Steel Plate Anchors specifications in this section. accordance with AITC 200 for Transmission Lines (12–53). (3) This specification describes the (incorporated by reference in § 1728.97). (16) Bulletin 50–60 (T–9), RUS minimum acceptable quality of wood (10) With the exception of reserve Specification—Single Pole Steel distribution crossarms and transmission treated stock, if requested by the Structures, Complete with Arms (12– crossarms (hereinafter called crossarms) borrower invoices for treated timber 71). that are purchased by or for borrowers. products shall be accompanied, in (17) Bulletin 50–72 (U–4), RUS duplicate, by a copy of the producer’s Specification for Electrical Equipment Where there is conflict between this specification and any other specification Certificate of Compliance and a copy of Enclosures (5–35 kV) (10–79). either the Independent Inspection (18) Bulletin 50–73 (U–5), RUS referred to in this section, this Report or a Quality Assurance Plan Specifications for Pad-Mounted specification shall govern. Certificate. For reserve treated stock, Transformers (Single and Three-Phase) (4) Various requirements relating to inspection reports shall be available (1–77). quality control and inspection are (19) Bulletin 50–74 (U–6), RUS contained in § 1728.202 of this part, from the inspection agency. When Specification for Secondary Pedestals Specification for Quality Control and shipped from reserve stock, the invoice (600 Volts and Below) (10–79). Inspection of Timber Products. Section shall bear an endorsement and a further (20) Bulletin 50–91 (S–3), RUS 1728.201 of this part, ANSI O5.2, certification by the producer that the Specifications for Step-Down (incorporated by reference in § 1728.97), material meets the requirements of this Distribution Substation Transformers and ANSI O5.3, (incorporated by specification and any supplementary (34.4–138 kV) (1–78). reference in § 1728.97) shall be followed requirements cited in the purchase (21) Bulletin 1728F–700, RUS exactly and shall not be interpreted or order under which it is purchased. Specification for Wood Poles, Stubs and subjected to judgment by the quality (11) Crossarms shall be warranted to Anchor Logs (3–2011). control person or an independent conform to this specification. If any (22) Bulletin 1728F–803, inspector. crossarm is determined to be defective Specifications and Drawings for 24.9/ (5) The purchaser shall purchase from or does not conform to this specification 14.4 kV Line Construction (10–98). producers only material that meets the within 1 year after delivery to the (23) Bulletin 1728F–804 (D–804), requirements of this specification. Each borrower, it shall be replaced as Specification and Drawings for 12.47/ purchaser shall use a written purchase promptly as possible by the producer. In 7.2 kV Line Construction, October 2005. order to purchase material for use in the event of failure to do so, the (24) Bulletin 1728F–806 (D–806), financed systems in order to ensure purchaser may make such replacement Specifications and Drawings for compliance with the standards and and the cost of the crossarm, at Underground Electric Distribution, June specifications of this part. The written destination, shall be recoverable from 2000. purchase order shall contain a provision the producer.

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(12) Crossarm producers shall take out some cases, may be the distributor and shall meet additional requirements and maintain liability insurance for not selling crossarms to the borrower. as shown on specific drawings. less than $1 million. Upon request, Treating plant is the organization that Crossarms shall be made of one of the evidence of compliance shall be applies the preservative treatment to the following: provided. The evidence shall be in the crossarms. (i) Douglas-fir which conforms to the form of a certificate of insurance signed (c) Independent Inspection Plan. This applicable crossarm provisions of by a representative of the insurance plan or a Quality Assurance Plan, as paragraphs 170 and 170a, or the company and include a provision that described in paragraph (e) of this applicable transmission arm provisions no changes in, or cancellation of, will be section, is acceptable for supplying of paragraphs 169 and 169a of the made without the prior written notice to crossarms. All crossarms purchased Standard No. 17 Grading Rules for West the Director, Electric Staff Division, under the Independent Inspection Plan, Coast Lumber (incorporated by Rural Utilities Service. for use on an agency financed system reference in § 1728.97). Only coastal (b) Definitions. shall be inspected by a qualified origin Douglas-fir shall be used for independent inspector in accordance Agency refers to Rural Utilities Douglas-fir crossarms manufactured with § 1728.202 of this part. Service (RUS), United States under this specification; Department of Agriculture. (1) The borrower has the prerogative (ii) Southern Yellow Pine which Arm refers to structural wood member to contract directly with the inspection conforms to the provisions of Dense used to support electrical conductors agency for service. The borrower Industrial Crossarm 65, as described in and equipment. Arm is used should, where practical, select the paragraph 31.2 in the 2001 Southern interchangeably with crossarm. inspection agency so that continual Certificate of compliance is a written employment is dependent only on Pine Inspection Bureau’s Special certification by an authorized employee performance acceptable to the borrower Product Rules for Structural, Industrial, of the producer that the material and in accordance with this and Railroad-Freight Car Lumber, shipped meets the requirements of this specification. The selected inspection (incorporated by reference at § 1728.97); specification and any supplementary agency shall not be allowed to or requirements specified in a purchase subcontract the service to any other (iii) Laminated wood crossarms shall order from a borrower or the borrower’s inspection agency. conform to ANSI O5.2 (incorporated by contractor. (2) The producer shall not be reference at § 1728.97) and have at least Crossarm refers to a structural wood permitted to be a party to the selection the same load carrying capacity as the member used to support electrical of the inspection agency by the solid sawn arm it replaces. The load conductors and equipment and is a term borrower and shall not interfere with carrying capacity of the laminated arms used interchangeably with arm. the work of the inspector, except to shall be determined by one of the Independent inspection relates to provide notification of the readiness of procedures outlined in ANSI O5.2. examination of material by an material for inspection. To obtain (2) Borrowers may use alternative independent inspector employed by a inspection services for reserve stock, the crossarms that are listed in commercial inspection agency. producer may deal directly with the Informational Publication 202–1, List of Inspection means an examination of inspection agency. The producer shall Materials Acceptable for Use on material in sufficient detail to ensure not be permitted to treat material before Systems of USDA Rural Utilities Service conformity to all phases of the it has been properly inspected and Borrowers. For information on the specification under which it was hammered with the appropriate availability of this material, call RUS at purchased. inspection/quality assurance mark. (202) 720–1900, or go to: http:// Lot is a quantity of crossarms of like (3) The methods of inspection www.rurdev.usda.gov/UEP_Engineering size, conditioning, and fabrication, described in this section and in _LOM.html. § 1728.202 of this part shall be used no usually making up one treating charge. (3) Knots. Sound, firm, and tight matter which plan crossarms are Producer is used to describe the party knots, if well spaced, are allowed. who manufactures and/or treats produced under, i.e., Independent crossarms. Inspection Plan, or Quality Assurance (i) Slightly decayed knots are Purchaser refers to either the Plans, as described in this section permitted, except on the top face, borrower or contractors acting as the (d) Quality Assurance Plans. The provided the decay extends no more 3 borrower’s agent, except where a part of producer shall furnish crossarms than ⁄4 of an inch into the knot and the specification specifically refers to conforming to this specification as provided the cavities will drain water only the borrower or the contractor. monitored by an acceptable Quality when the arm is installed. For knots to Quality control designee refers to an Assurance Plan. Borrower groups or be considered well spaced, the sum of individual designated by the producer agents for borrower groups endeavoring the sizes of all knots in any 6 inches of to oversee proper operation of the to operate Quality Assurance Plans shall length of a piece shall not exceed twice manufacturer’s internal quality control submit their plan for assuring quality the size of the largest knot permitted. system. control to the Chairman, Technical More than one knot of maximum Reserve treated stock consists of Standards Committee ‘‘A’’, Electric Staff permissible size shall not be in the same timber products treated in accordance Division, Rural Utilities Service, Stop 6 inches of length. Slightly decayed, with this specification, prior to and in 1569, Washington, DC 20250–1569. firm, or sound ‘‘pin knots’’ (3⁄8 of an anticipation of the receipt of specific (e) Material Requirements. (1) inch or less) are not considered in size, orders, and held in storage ready for Material and Grade. All crossarms spacing, or zone considerations. immediate shipment. furnished under this specification shall (ii) Knots are subject to limits on size Supplier is a term used be free of brashy wood, decay, and and location as detailed in Tables I and interchangeably with producer, or in insect holes larger than 3/32 of an inch II.

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TABLE I—KNOT LIMITS FOR DISTRIBUTION ARMS (SEE FIGURE 1, APPENDIX A) [All dimensions in inches]

Maximum Diameter Class of knot and location Knot Close grain Dense grain

Round Knots Single Knot: Maximum Diameter Center Section* Upper Half ...... 3⁄4 ...... 1 Lower Half ...... 1 ...... 11⁄4 Elsewhere ...... 11⁄4 ...... 11⁄2 Sum of Diameters in a 6-Inch Length: Maximum: Center Section Upper Half ...... 11⁄2 ...... 2 Lower Half ...... 2 ...... 21⁄2 Elsewhere ...... 21⁄2 ...... 3 * No knot shall be closer than its diameter to the pole mounting hole.

TABLE II—KNOT LIMITS FOR TRANSMISSION ARMS (SEE FIGURE 2, APPENDIX A) [All dimensions in inches]

Maximum diameter for Pole mounting hole zone * Single Knot

UPPER HALF (inner zone) ...... 3⁄4. UPPER HALF (outer zone) ...... 1 for close grain. 11⁄4 dense grain. Wide face (two sides) Other locations transmission arm size ** Narrow face Along Edge centerline

45⁄8 × 55⁄8 or less ...... 1 11⁄4 11⁄4 55⁄8 × 73⁄8 ...... 11⁄4 13⁄8 17⁄8 35⁄8 × 93⁄8 ...... 3⁄4 13⁄4 21⁄4 * No knot shall be closer than its diameter to the pole mounting hole. ** For cross sections not shown, refer to grading rules.

(iii) Knot clusters shall be prohibited Loose knots shall be prohibited in knots may intersect insulator pin holes unless the entire cluster, measured on deadend arms. elsewhere. the worst face, is equal to or less than (vi) All knots except those ‘‘spike’’ (4) Miscellaneous characteristics, the round knot allowed at the specific knots intersecting a corner shall be features, and requirements. (i) The top location. measured on the least diameter of the face of distribution crossarms shall not (iv) Spike knots shall be prohibited in knot. have more than four medium pitch and deadend arms. Any spike knot across (vii) A knot shall be considered to bark pockets in 8-foot arms, and not the top face shall be limited to the more than five pitch and bark pockets 3 occupy a specific zone or section if the equivalent displacement of a knot ⁄8 of center of the knot (i.e., pith of knot) is in 10-foot arms. Elsewhere a maximum an inch deep on one face and the within the zone or on the zone’s of six medium pockets in 8-foot arms maximum round knot for its particular boundary. and eight in 10-foot arms shall be location on the worst face, with a permitted. Equivalent smaller pockets maximum width of 1 inch measured at (viii) If a round or oval knot appears shall be permissible. An occasional the midpoint of the spiked section. on two faces and is in two zones, each large pocket is permissible. Elsewhere across the bottom or side face shall be judged independently. (ii) Shakes shall be prohibited. When this does not occur, average the faces, spike knots shall not exceed 1⁄2 (iii) Prior to treatment on properly the equivalent displacement of a round least dimension showing on both faces. seasoned arms, single face checks shall Knots which occur on only one face of knot permitted at that location, not exceed an average penetration of 1⁄4 provided that the depth of the knot on a free of heart center (FOHC) arm shall the depth from any face and shall be the worst face shall not exceed the be permitted to be 25 percent larger than limited to 10 inches long on the top the stated size. maximum round knot allowed at that face, and 1⁄3 the arm length on the other location. (ix) Two or more knots opposite each faces. Checks shall not be repeated in (v) Loose knots and knot holes shall other on any face shall be limited by a the same line of grain in adjacent pin be such that they can drain water when sum not to exceed the size of a holes. The sum of the average depths of the arm is installed in its normal maximum single knot permitted for the checks occurring in the same plane on position. In the center section, upper location. On all four faces, all knots opposite faces shall be limited to 1⁄4 the half, loose knots shall not be greater shall be well spaced. face depth. than 1⁄2 the dimensions of round knots. (x) Knots which have a maximum of (iv) Compression wood shall be Elsewhere, loose knots shall not be 5⁄8 inch diameter may intersect pin holes prohibited on any face. Compression greater than the round knot dimension. in the center section. One inch diameter wood is permitted if wholly enclosed in

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the arm, more than six annual rings (6) Quality of work. All crossarms Arsenate (ACZA) which shall meet the from the surface, and not over 3⁄8 of an shall be of the highest quality requirements of AWPA P5–08 inch in width. production. Crossarms shall be dressed (incorporated by reference at § 1728.97), (v) Insect holes 3⁄32 of an inch and on four sides, although ‘‘hit and miss when analyzed in accordance with larger shall be prohibited. Insect pin skips’’ may occur on two adjacent faces methods in AWPA A2–08 (incorporated holes (i.e. holes not over 1⁄16 of an inch on occasional pieces. by reference at § 1728.97) or AWPA A9– diameter) shall be allowed if scattered (g) Conditioning prior to treatment. (1) 01 (incorporated by reference at and not exceeding 10 percent of the arm All solid sawn crossarms shall be made § 1728.97); and girth. of lumber which has been kiln-dried. (ii) Chromated Copper Arsenates (vi) Wane shall be allowed on one Douglas-fir arms shall have an average (CCA) which shall meet the edge, limited to approximately 1 inch moisture content of 19 percent or less, requirements of one of the formulations measured across the corner. Outside of with a maximum not to exceed 22 given in AWPA P5–08 (incorporated by the top center section, an aggregate percent in a single arm. Southern reference at § 1728.97) sections 4, 5 or length not to exceed 2 feet may have Yellow Pine arms shall have an average 6, and 10. Tests to establish conformity wane up to 11⁄2 inches on an occasional moisture content of 22 percent or less, shall be made in accordance with piece on one or both edges. Bark shall with a maximum not to exceed 30 AWPA A2–08 (incorporated by be removed. percent in a single arm. (vii) Prior to and after preservative (2) Moisture content levels shall be reference at § 1728.97) or A9–01 (incorporated by reference at § 1728.97). treatment, crook, bow, or twist shall not measured at about 1⁄4 the length and at 1 exceed ⁄2 of an inch in 8 foot arms and a depth of about 1⁄5 the crossarm’s (A) The pH of treating solutions of the 5⁄8 of an inch in 10 foot arms. thickness. Additionally, the moisture waterborne preservatives shown in (f) Manufacturing. (1) All dimensions content gradient between the shell (i.e. AWPA P5–08 (incorporated by reference and tolerances shall conform to those 1⁄4 of an inch deep) and the core (i.e. at § 1728.97) section 10, shall be shown on the drawings in this section about 1 inch deep) shall not exceed 5 determined in accordance with AWPA or drawings supplied with the purchase percentage points. A2–08, (incorporated by reference at order. Drawings supplied shall meet or (3) A minimum of at least 20 solid § 1728.97) section 8. exceed minimum dimensions and sawn crossarms per treating charge shall (B) The oxide formulations of tolerances shown on the drawings in be measured to verify moisture content waterborne preservatives shall be this section. Cross-sectional dimensions and shall be duly recorded by the supplied. shall be measured and judged at about quality control designee. (C) Douglas-fir crossarms shall not be 1⁄4 the arm length, except when the (4) The moisture content of lumber defects of ‘‘skip dressing’’ or ‘‘machine used in laminating shall, at the time of treated with CCA preservatives. bite or offset’’ are involved. gluing, be within the range of 8 to 12 (D) Materials treated with waterborne (2) Lamination techniques shall percent, inclusive. preservatives shall be free of visible comply with ANSI O5.2 (incorporated (h) Preservatives. (1) The surface deposits. by reference at § 1728.97). preservatives shall be: (iii) Copper Naphthenate (CuN) (3) Pin and bolt holes shall be (i) Creosote which conforms to the concentrate used to prepare wood smoothly bored without undue requirements of AWPA P1/13–06 preserving solutions shall contain not splintering where drill bits break (incorporated by reference at § 1728.97), less than 6 percent nor more than 8 through the surface. The center of any when analyzed in accordance with the percent copper in the form of CuN and 1 hole shall be within ⁄8 of an inch of the methods in AWPA A1–06 (incorporated shall conform to AWPA P8–08 center-line locations on the face in by reference at § 1728.97), sections 2, 3, (incorporated by reference at § 1728.97) which it appears. Holes shall be 4, either 5 or 9, and 6; when analyzed in accordance with perpendicular to the starting and (ii) Pentachlorophenol which contains AWPA A5–05 (incorporated by finishing faces. not less than 95 percent chlorinated reference at § 1728.97). The (4) Shape. The shape of the arms at phenols and conforms to AWPA P8–08 hydrocarbon solvents for introducing any cross section, except for permissible (incorporated by reference at § 1728.97) the preservative into the wood shall wane, shall be as shown on the when analyzed in accordance with meet the requirements of AWPA P9–06 respective drawings in this section or AWPA A5–05 (incorporated by (incorporated by reference at § 1728.97) supplied with the order. The two top reference at § 1728.97) or AWPA A9–01 Type A. edges may be either chamfered or (incorporated by reference at § 1728.97). 3 (i) Preservative treatment. (1) All rounded ⁄8 of an inch radius. The two The hydrocarbon solvents for 1 timber products treated under this bottom edges shall be slightly eased ⁄8 introducing the preservative into the of an inch radius for the entire length. wood shall meet the requirements of specification shall be treated by either a (5) Incising. The lengthwise surfaces AWPA P9–06 (incorporated by reference pressure or a thermal (non-pressure) of Douglas-fir crossarms shall be incised at § 1728.97) Type A; process. approximately 1⁄4 of an inch deep. The (2) Waterborne Preservatives shall be (2) These materials may be further incision shall be reasonably clean cut any of the following: conditioned by steaming, or by heating with a spacing pattern that ensures (i) Ammoniacal Copper Arsenates in hot oil (Douglas-fir), within the uniform penetration of preservative. (ACA) and Ammoniacal Copper Zinc following limits:

Time hours (max.) Temperature

Steam ...... 3 220° F Heating in Preservation ...... 3 210° F

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(3) A final steam or hot oil bath may borings shall be taken from any face Yellow Pine crossarms shall be be used only to meet cleanliness except the top face at a point as close completely penetrated with requirements of paragraph (k) of this to the end as possible, being at least 3 preservative. In the heartwood of section. Total duration of the final steam inches from the end of the arm and no Douglas-fir crossarms, the penetration bath shall not exceed 2 hours and the closer than 3 inches from the edge of the shall be not less than 3 inches temperature shall not exceed 240 holes. The bored holes shall be plugged longitudinally from the edge of holes degrees Fahrenheit. with preservative-treated plugs driven and ends, and at least 3⁄16 inch from the (j) Results of treatments. (1) The into the arm. Borings from laminated surface of any face. quality control designee shall test or arms shall not be taken from the same supervise the testing of each treated laminate unless there is an end joint (4) Retention of preservative in the charge for penetration and retention. separation. outer 6⁄10 of an inch for Douglas-fir and (2) Method of sampling. When testing (3) As determined in accordance with one inch for Southern Yellow Pine assay penetration and retention, a borer core AWPA A3–08 (incorporated by zones at the treating plant shall be not shall be taken from not less than 20 reference at § 1728.97) all sapwood less than: crossarms in each treating charge. The present in Douglas-fir or Southern

Retention AWPA analysis Preservation (pcf) method **

Creosote ...... 8 A6. Pentachlorophenol ...... * 0 .4 A5. ACA, ACZA, or CCA ...... 0.4 A2, A7, or A9. Copper Naphthenate ...... 0.04 A5, or A9. * The pentachlorophenol retention is for the lime ignition method. The copper pyridine method, retention 0.36 pcf is required when timbers may have been in contact with salt water, and for all species native to the Pacific coast region. It is not required when it specifically states on the rough sawn material invoice that this material has not been in contact with salt water or is shown by analysis to have no additional chlorides present in the wood before treating. ** All the AWPA Analysis Methods are incorporated by reference at § 1728.97.

(5) Cleanliness of lengthwise surfaces M–6–06 Manufacturer—Month—Year weather to reduce checking, bending, of all crossarms shall be free from tarry, DF–P Douglas-fir—penta treated and loss of preservative. greasy, or sticky material, and from oil (5) The brand or stamp shall be placed (m) Drawings. (1) The drawings of exudation and pentachlorophenol on either of the wide surfaces of the Appendix B of this section, Crossarm crystallization (blooming). arms, oriented with letters right side up Drilling Guide, have a type number and (6) Re-treatment of materials which do towards the top of the arm and show in detail the hole size, shape, and not meet the penetration and retention preferably about 1 foot from the pattern desired for crossarms ordered requirements of this specification may midpoint of the arm. under this specification. be done only twice. Initial treatment (6) Each producer should mark each (2) Purchase orders shall indicate the steaming time plus re-treatment type of arm in approximately the same type crossarm required. steaming time, combined, shall not location on the arm. exceed time allowed in paragraph (i) of (7) Brands, inspection marks, or (3) Crossarms shall be furnished in this section. quality assurance marks shall be accordance with the details of these (k) Marks and brands. (1) All removed from arms that do not meet drawings or in accordance with crossarms shall be legibly branded (hot these specifications. drawings attached to the purchase brand) or die-stamped and to a depth of (l) Storage. (1) Producers may treat order. approximately 1⁄16 of an inch before crossarms for reserve stock under any of (4) Appropriate drawings for treatment. the agency approved plans. transmission arms are to be specified (2) The letters and figures shall be not (2) Crossarms treated with oil-borne and included with purchase orders. less than 1⁄2 of an inch in height. The preservatives which have been held in Technical drawings for transmission top of the brand shall be oriented to the storage for more than 1 year before crossarms are published in Bulletin top of the arm. shipment to the borrower, shall be re- 1728F–811, ‘‘Electric Transmission (3) The brand or die-stamp shall assayed before shipment and shall be re- Specifications and Drawings, 115kV include: treated if found nonconforming for through 230kV’’ (incorporated by (i) The manufacturer’s identification retention on orders placed in reference at § 1728.97), and Bulletin symbol; accordance with this section. 1728F–810, ‘‘Electric Transmission (ii) Month and year of manufacture; (3) Crossarms shall meet the assay Specification and Drawings, 34.5kV (iii) Species of timber such as DF for after re-treatment in accordance with through 69kV’’ (incorporated by Douglas-fir and SP for Southern Yellow paragraph (k) of this section. reference at § 1728.97). Pine; and (4) Crossarms which are held in (n) Destination inspection. All (iv) The preservative notated with a C storage after final acceptance shall be crossarms shall meet or exceed their for creosote, P for penta, S for stacked in piles or on skids in such a minimum dimensions for at least 1 year waterbornes, or N for Copper manner as to assure good ventilation. after date of delivery to the borrower. Naphthenate. The stacks shall be covered or stored BILLING CODE P (4) An example is: indoors for protection from the sun and

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BILLING CODE C

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APPENDIX C TO § 1728.201—METRIC CONVERSION FACTORS

To convert from To Multiply by

Foot (ft) ...... Meter (m) ...... 0.3048 Inch (in) ...... Centimeter ...... 2.54 Pound per cubic foot (pcf) (lb/ft 3) ...... Kilogram per cubic meter (kg/m 3) ...... 16.01846 Pound per square inch (psi) (lb/in 2) ...... Kilogram per square meter (kg/m 2) ...... 703.0696 Degrees Fahrenheit (°F) ...... Degrees Celsius (°C) ...... 5/9(F°¥32)

§ 1728.202 Bulletin 1728H–702, shall obtain the services of an in, or cancellation of, will be made Specification for Quality Control and inspection agency. without the prior written notice to Inspection of Timber Products. (5) Individual inspectors in the Chairman, Technical Standards (a) Scope. This specification describes employ of Independent Inspection Committee ‘‘A’’ (Electric). in more detail the responsibilities and Agencies shall be experienced and (9) Inspection agencies shall maintain procedures pertaining to quality control competent. The inspector shall perform their own laboratory that is properly for crossarms, as specified in section all phases of the inspection personally equipped, and capable of completely 1728.201 of this part, and poles, covered and in the proper sequence. The analyzing the respective preservatives in Bulletin 1728F–700, ‘‘Specification primary responsibility of the inspector and retentions, and at a minimum able for Wood Poles, Stubs and Anchor is to determine, for the borrower, by to run referee methods. This laboratory Logs,’’ incorporated by reference in careful inspection and verification, that shall be independent from any treating § 1728.97 of this part and in § 1755.97 the timber products, preservative, and plant laboratory. Independent of 7 CFR part 1755. treatment meet the requirements of Inspection Agencies may use one (b) General stipulations. (1) Bulletins 1728F–700 (incorporated by central laboratory. Conformance of poles and crossarms to reference at § 1728.97) and § 1728.201 of (10) Laminated materials agency specifications for the most part this part (Bulletin 1728H–701) and that manufactured for use on borrower is the responsibility of the producer’s the methods, storage facilities, and systems shall comply with management. production equipment conform to manufacturing and quality control A member of the producer’s staff shall applicable specifications. For details of requirements specified in ANSI O5.2 be designated quality control designee the inspector’s qualifications see (incorporated by reference in § 1728.97). and charged with the responsibility for Appendix A of this section. The product shall be marked and the exercise of proper quality control (6) Independent inspection agencies certified. procedures. and inspectors shall maintain their (i) Laminated material shall be (2) The requirements of AWPA M3–05 impartiality. To do so, inspection inspected in accordance with ANSI (incorporated by reference at § 1728.97), agencies, inspectors, producers and O5.2, (incorporated by reference in covering records, adequate laboratory, brokers must maintain the greatest § 1728.97). plant gauges, and other plant facilities degree of separation and eliminate even (ii) Quality control of material shall be including proper storage, shall be the appearance of a conflict of interest. performed to determine conformance followed. Inspection agencies shall not receive with § 1728.201 of this part and AITC (3) The methods of inspection gratuities from or enter into financial 200, (incorporated by reference in described in this section shall be used agreements, other than for inspection § 1728.97). no matter which plan timber products services, with suppliers for which they (c) Quality control and inspection are purchased under, i.e., Insured perform inspection. Inspection agencies procedures for product acceptance. It is Warranty Plan, Independent Inspection shall not provide gratuities or free the responsibility of the plant quality Plan, or Quality Assurance Plans, as services to suppliers. Inspection control designee to perform the described in § 1728.201 of this part or agencies shall not offer product following procedures to ensure that a Bulletin 1728F–700 (incorporated by warranties on inspected material. particular lot of material conforms to the reference at § 1728.97). The number of (7) Failure of an individual inspector requirements of the applicable Agency poles and crossarms actually inspected to follow proper procedures or failure of specification prior to treatment. After by monitors for quality control under a an inspection agency to properly train the plant quality control designee has Quality Assurance Plan or the Insured and supervise inspectors or follow the performed these procedures, a particular Warranty Plan may vary from the appropriate RUS specifications lot of material shall be released to the number of poles and crossarms constitutes grounds for RUS debarment inspector for verification of inspected under the Independent of said company from future inspection conformance. Inspection Plan. Under the Independent of RUS financed material (1) Poles can be purchased under any Inspection Plan, each pole and a sample (8) Inspection agencies shall have and of the three purchase plans. These plans number of crossarms shall be inspected. maintain liability insurance in the are Insured Warranty Plan, Independent (4) Under the Independent Inspection amount of $500,000 and a surety bond Inspection Plan, or a Quality Assurance Plan, the borrower should designate in or miscellaneous errors and omission Plan. Under all of these plans, all poles the purchase order which inspection insurance for consequential damages for in a lot shall be inspected by the plant agency it has selected. Unless the not less than $250,000. Upon request, quality control designee. borrower contracts for inspection as a evidence of compliance to this Under the Insured Warranty Plan and separate transaction, the treating requirement shall be forwarded to the a Quality Assurance Plan, the number of company shall obtain the services of the agency. The evidence shall be in the poles inspected by a third party borrower’s designated inspection form of a certificate of insurance or a inspector may be less than every pole, agency. For reserve treated stock for Bond signed by a representative of the depending on the terms of the plans. purchase under the Independent insurance or Surety Bonding company (i) Ample space and assistance shall Inspection Plan, the treating company and include a provision that no change be provided by the treating plant for

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handling and turning to ensure that the These plans are the Independent (3) Structural glued laminated timber surfaces of all items can be adequately Inspection Plan or Quality Assurance shall be tested and inspected in inspected. Plans. Under the Independent accordance with AITC 200 (ii) Under the Independent Inspection Inspection Plan, crossarms are to be (incorporated by reference in § 1728.97). Plan, all poles shall be inspected by the inspected prior to manufacture, during Grade of lumber shall be inspected by Independent Inspector for conformance manufacture, and after treatment. Under a qualified grader for specified quality, to the requirements of Bulletin 1728F– a Quality Assurance Plan, crossarms are so marked. Adhesives used for all 700 (incorporated by reference at inspected according to the terms of the structural arms shall meet requirements § 1728.97). If a pole is rejected and the quality assurance program acceptable to of ANSI O5.2 (incorporated by reference cause of rejection is corrected, the Rural Utilities Service. at § 1728.97) paragraph 5.2. Melamine rejected pole may be offered again for (i) Inspection prior to treatment shall urea adhesives shall not be used. End inspection as new material. include: joint spacing and limitations shall be in (iii) Dimensions, length, and (A) Surface inspection of all ends of accordance with ANSI O5.2. circumference shall be measured by a all arms. This is usually done on the (d) Preservatives. (1) Creosote shall standard steel tape to determine that stacks of arms prior to manufacture. conform to the requirements of AWPA they are in agreement with the details Particular attention shall be paid to P1/P13–06 (incorporated by reference in for class and length in the brand and defects commonly found in the ends, § 1728.97) when analyzed by AWPA butt stamp. If it is obvious by visual such as compression wood, red heart A–06, (incorporated by reference in comparison with a measured pole that and other forms of decay, shakes, splits, § 1728.97) sections 2, 3, 4, either 5 or 9, the brand information is correct, through checks, scantiness, honeycomb, and 6, as follows: individual poles need not be measured. and low density, determined by rings (i) Each occasional charge; and (ii) The first charge and one of every Pole circumference dimensions made per inch and percent of summerwood. five charges randomly selected in prior to treatment shall govern All non-conforming arms shall be consecutive charges shall be analyzed. acceptance. Reduction in dimension rejected. Whenever the number of due to treatment and shipping shall be (2) Solutions of waterborne nonconforming arms is found to exceed preservatives shall be analyzed for not more than 2 percent below the 0.5 percent of the lot or one arm, minimum for the pole class. components in accordance with AWPA whichever is greater, the entire lot shall A2–08 (incorporated by reference in (iv) If 5 percent of the poles in a lot be rejected for excess number of offered for inspection are defective, the § 1728.97)) or AWPA A9–01 defective ends. After the producer has (incorporated by reference in § 1728.97) inspector shall terminate the inspection. removed or marked out the defective Re-examination of an entire lot by plant and shall meet the requirements of material, the arms may be resubmitted AWPA P5–08 (incorporated by reference quality control shall be required when for inspection. the number of rejected poles equals or in § 1728.97) for composition. AWPA (B) Surface inspection of the exceeds 5 percent of the lot inspected. A2–08 shall be used as a referee lengthwise sides performed on a All defective or nonconforming poles method. random representative sample. The either shall be removed from the lot or (3) Pentachlorophenol shall contain sample size shall equal 20 percent of a have their brands marked out. not less than 95 percent chlorinated lot size or 200 arms, whichever is (v) Poles in a lot shall be inspected for phenols and should conform to AWPA smaller. The inspector shall examine decay and all poles shall be of the same P8–08 (incorporated by reference in side surfaces as they are slowly rotated. seasoning condition. If the plant quality § 1728.297), in hydrocarbon solvent When necessary, the rotation may be control designee suspects that decay is AWPA P9–06, Type A (incorporated by stopped for closer inspection. All non- present, a slice from both ends shall be reference in § 1728.97). conforming arms shall be rejected. cut for closer examination. If 3 percent (4) Copper Naphthenate in Whenever the number of of the inspected poles in a lot show hydrocarbon solvent AWPA P9–06 Type nonconforming arms is found to exceed evidence of decay, the entire lot shall be A (incorporated by reference in 2 percent of the sample size, the entire unconditionally rejected without further § 1728.97), shall contain not less than 6 lot shall be rejected. After the producer sorting. percent nor more than 8 percent copper (vi) Moisture content, when limited has removed or marked out the in the form of Copper Naphthenate and by the purchaser, as stated on the defective material, the arms may be shall conform to AWPA P8–08 purchaser’s purchase order, shall be resubmitted for inspection. (incorporated by reference in § 1728.97), measured by calibrated electronic (C) Check of moisture content of the when analyzed in accordance with moisture meter. Calibration of the meter random sample by a calibrated moisture AWPA A5–05 (incorporated by shall include not only the zero settings meter. reference in § 1728.97). for the X and Y readings, but also two (D) Check of crossarm dimensions of (e) Plant facilities and inspection resistance standards for 12 and 22 the random sample measured after during treatment. (1) Manufacturing and percent moisture content. surfacing. treating plant facilities shall conform to (vii) Material failing to conform for (ii) Inspection during manufacture paragraph 3, AWPA M3–05 moisture content may be retested upon shall consist of: (incorporated by reference in § 1728.97), request after a recalibration of the (A) Checking bolt and insulator pin Pressure plants shall be equipped with instrument. The results of the second holes for squareness and excessive recording instruments to register time, test shall govern disposition of the lot. splintering; pressure, temperature and vacuum (viii) Re-examination for any (B) Checking brands for completeness, during each cycle of treatment. Pressure mechanical damage or deterioration and location, and legibility; and plants shall also be equipped with for original acceptance shall be (C) Checking arms for conformance. indicating thermometers and pressure conducted on timber products not (iii) Under the Independent and vacuum gauges to check the treated within 10 days after original Inspection Plan, there shall be a final accuracy of the recorders. Work tanks inspection. inspection after treatment for shall be equipped with a thermometer. (2) Crossarms can be purchased only preservative retention and penetration Thermal treating vats shall be equipped under either of two purchase plans. and for damage. with a time and temperature recorder

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and with an indicating thermometer. in AWPA M2–07 (incorporated by charge, the retention sample for creosote Temperature recording devices are not reference in § 1728.97). Under the shall consist of 20 assay zones from mandatory for plants treating Independent Inspection Plan, all southern pine and Douglas-fir poles. All exclusively with waterborne treating charges shall be tested for poles in charges with fewer than 20 preservatives. retention and penetration. Plant quality poles shall be bored once. Charges with (2) Temperature and humidity control and independent inspection less than 15 poles shall be bored once readings throughout the kiln shall be shall do their analyses separately. Under and bored again on a random basis to recorded on a recording chart and the Insured Warranty Plan and Quality obtain a minimum of 15 assay zones. verified by observation of direct reading Assurance Plans, the frequency of equipment. Gauges and recording testing retention and penetration may (i) Retention samples shall be taken equipment shall be calibrated annually. vary according to the agency approved from 20 poles in charges of 20 or more (3) Recording instruments shall be plan. poles. checked with calibrated indicating (i) Unless otherwise specified, borings (ii) Retention samples for Alaska gauges and thermometers, per AWPA shall be taken approximately 1 foot yellow, western red, and northern white M3–05 (incorporated by reference in above the face brand to 1 foot below the cedars shall consist of a minimum of 30 § 1728.97). Inaccuracies shall be referred face brand. For pressure treated Western assay zones for creosote and waterborne to the treating plant for prompt Red Cedar and all butt treated poles, preservatives. For penta charges of correction. If an inaccuracy which borings shall be taken approximately 1 fewer than 30 poles, the sample shall indicates error resulting in non- foot below groundline. contain the assay zone from each pole compliance with this specification (ii) Penetration compliance shall be in the lot. indicating possible damage to the determined in accordance with AWPA material, the inspector shall reject the A3–08 (incorporated by reference in (iii) Retention samples shall consist of charge. § 1728.97). Chrome Azurol S and Penta- borings, representative of pole volumes (f) Results of treatment. (1) Poles shall Check shall be used to determine for each class and length in the charge. be tested for retention and penetration penetration of copper containing Further selection and marking of poles by means of a calibrated increment preservatives and penta, respectively. of mixed seasoning, volume, and borer 0.2 inches ± 0.02 inches in (2) Retention sampling shall be when location on the tram shall be made as diameter in accordance with procedures there are 20 or more poles in the treating illustrated in the following table:

% of total Number of Number of poles Class/length Vol. in cu. ft. volume borings

27 ...... 7/30 232 15 3 26 ...... 4/35 447 29 6 11 ...... 5/35 163 10 2 55 * ...... 6/35 704 46 9

Total ...... 1,526 ...... * If a portion of these poles were green and some partially seasoned, then the number of borings should reflect the approximate percentage of each.

(iv) When material in a lot consists of shown by analysis to have contained no (A) Bore 20 Group A poles or 20 fewer pieces than the designated additional chlorides before treating; percent of the poles, whichever is minimum number of samples for assay, (C) Copper Naphthenate retention greater. Accept if 100 percent of the additional borings shall be taken so as shall be analyzed by tests in accordance sample conform; otherwise, bore all to make up at least the minimum with AWPA A5–05 (incorporated by poles. sample, and in such manner that the reference in § 1728.97) or AWPA A9–01 (B) Re-treat the charge if more than 5 sample is representative of the lot of (incorporated by reference in § 1728.97); percent of the borings are found to be material with respect to any variations (D) Waterborne preservatives nonconforming. in size, seasoning condition, or other retention shall be analyzed by tests in (C) Re-treat all nonconforming poles if features that might affect the results of accordance with AWPA A2–08 5 percent or fewer fail the requirement. treatment. (incorporated by reference in § 1728.97), (ii) Group B poles consist of poles (v) Analyses for preservative retention AWPA A7–04 (incorporated by with circumference greater than 37.5 shall be performed as follows: reference in § 1728.97); or AWPA A9–01 inches at 6 feet from the butt. (A) For Group B poles 45 feet and (incorporated by reference in § 1728.97); (A) Creosote retention shall be shorter, bore each pole and re-treat only and, analyzed by AWPA A6–01 those found to be nonconforming, (incorporated by reference in § 1728.97); (E) Prior to unloading a tram, the unless more than 5 percent fail; in that (B) Penta retention shall be analyzed inspectors may take their own samples case, re-treat the entire lot. by AWPA A5–05 (incorporated by and analyze them concurrently with the (B) For Group B 50 feet and longer, reference in § 1728.97) or AWPA A9–01 quality control designee, but each shall bore each pole twice at 90 degrees apart (incorporated by reference at § 1728.97). work independently, and quality control around the pole and accept only those Copper pyridine method is required data shall be presented before poles conforming to the penetration when timber may have been in contact acceptance of the charge. requirement in both borings. All with salt water and for all species native (3) The penetration sampling of poles nonconforming poles may be re-treated to the Pacific coast region, unless the shall conform as follows: only twice. raw material invoice specifically states (i) Group A poles consist of poles (iii) All bored holes (nominal 0.2 of an that the material either has not been in with a circumference of 37.5 inches or inch diam. bit) shall be promptly filled contact with salt water or has been less at 6 feet from butt. with treated, tight-fitting wood plugs.

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(4) Under the Independent Inspection (8) Each independent inspector and inspected when, in the opinion of the Plan, all treated charges of crossarms plant quality control personnel that use inspector, unsafe conditions are present. shall be tested for retention and XRF instruments, shall be properly APPENDIX A TO § 1728.202— penetration. Plant quality control trained in the analysis of treated wood INSPECTOR’S QUALIFICATIONS inspectors and independent inspectors and preservatives under the supervision shall do their analyses independently. of a competent instructor. Proof of Inspection agencies should see that Under the Quality Assurance Plans, the training shall be kept on file. inspectors assigned to the inspection of frequency of testing retention and (g) Product acceptance. Under the timber products and treatment for borrowers penetration may vary according to the are competent and experienced. In general, Independent Inspection Plan, the any of the following examples are considered plan. inspector shall signify acceptance by as minimum qualifying experience before a (i) The penetration and retention marking each piece of accepted material new inspector may be permitted to inspect sample shall consist of 20 (48 for with a clear, legible hammer stamp in timber products for borrowers: creosote) outer 6⁄10 of an inch for one end prior to treatment and in the (a) Three years’ experience as an inspector Douglas-fir and 1 inch for Southern other end after treatment. The inspector of timber and the preservative treatment of Yellow Pine zones from borings taken shall personally mark each piece, and timber; or from any face except the top face at a shall not delegate this responsibility to (b) Three years’ experience in timber treating plant quality control work; or location as close to the end as possible another person. being at least 3 inches from the end of (c) Under the direct, on site, supervision of (1) Charge Inspection Reports. an experience, well-qualified inspector, the the arm and no closer than 3 inches (2) Inspection Reports shall include prospective inspector shall have performed from the edge of any holes. For the following: the following: laminated material, borings shall be (i) Total pieces offered by the (1) Inspected at least 10,000 poles and/or taken from laminates on a random basis. producer, number of pieces rejected and crossarms ‘‘in the white.’’ (ii) Preservative penetration shall be cause of rejection; (2) Checked preservative penetration tested by taking not less than 20 borings results on at least 10,000 poles and (ii) Conditioning details of the from 20 crossarms in each charge, crossarms; material prior to treatment; determined in accordance with AWPA (3) Made at least 100 wood assays for (iii) Copy of preservative analysis by A3–08 (incorporated by reference in preservative retention; preservative supplier; (4) Made at lease 25 analyses of each type § 1728.97). Chrome Azurol S and Penta- (iv) The details of treatment; and preservative used on material the person is Check shall be used to determine (v) The results of treatment. Results assigned to inspect; and penetration of copper containing (d) In both (a) and (b) of this Appendix A, preservatives and penta, respectively. shall include the following: (A) The depth of penetration for each the experience should be not less than that (5) Laminated material shall be required in (c). checked for any evidence of sample and a summary of all poles (e) Inspectors experienced in the delamination due to treatment and for rejected for insufficient penetration; inspections of one product, such as poles, the identifying quality stamp of AITC or (B) Separate worksheets for retention should not be qualified to inspect another American Plywood Association (APA). analyses, prepared by quality control product, such as crossarms, until the above (6) If used for analysis, x-ray designee and independent inspector. experience is gained for each respective fluorescence instruments (XRF) shall be (3) On each inspection report the product. (f) The inspector should be especially well accurate and reliable, and they shall independent inspector and the plant quality control designee shall certify, in informed in wood preservation and the generate reproducible results. operation of a timber treating plant, and be Instruments shall have thorough writing, that the material listed on the competent in preservative analysis and other instructions which should include report has been inspected before and laboratory work. recommendations on drying techniques, after treatment, and that the preservative (g) In all cases, an inspector should be equipment, and density calculations. used was analyzed in accordance with thoroughly instructed in the application of These drying recommendations shall be the requirements of this section. the specifications and the standards followed when using XRF instruments. (4) Each inspector or inspection pertaining thereto before being permitted to (7) To check the precision and agency shall permanently retain for a independently inspect timber products and the treatments applied to them. Knowledge of accuracy of the in-plant x-ray period of 1 year a copy or transcript of these specifications and standards, as well as fluorescence units (XRF) being used by each report of inspection, together with the inspector’s proficiency, may be checked producers, at least once monthly the laboratory worksheets covering routinely by members of the agency staff. independent inspector shall take a retention by assay and preservative retention sample previously analyzed in analyses for the purchaser, and on PART 1755—TELECOMMUNICATIONS the producer’s laboratory and rerun it in request shall furnish a copy or transcript STANDARDS AND SPECIFICATIONS the inspection agency’s own laboratory. of any of these reports to the Chairman, FOR MATERIALS, EQUIPMENT AND This sample shall be run utilizing either Technical Standards Committee ‘‘A’’, CONSTRUCTION the XRF or recognized referee method Electric Staff Division, Rural Utilities for the given preservative. If the Service, Washington, DC 20250–1569. ■ 4. The authority citation for part 1755 analytical results are within ± 5% of (h) Charge numbers on re-treat poles. continues to read as follows: retention value that was previously (1) The letter ‘‘R’’ shall be added to the Authority: 7 U.S.C. 901 et seq., 1921 et obtained on the sample using the plant’s original charge number in the butts of seq., 6941 et seq. XRF unit, the plant instrument needs no all poles that are re-treated for ■ 5. Revise § 1755.97 to read as follows: further calibration. All XRF units insufficient penetration or retention of maintained by independent agencies as preservative. § 1755.97 Telephone standards and part of their required laboratories shall (2) All poles that fail to meet specifications. be calibrated at least quarterly either by treatment requirements after two re- (a) To comply with the provisions of the referee method for each preservative treatments shall be permanently this part, you must follow the treatment being analyzed by said agency rejected. requirements set out in the following or by comparison with a set of (i) Safety provisions. Poles intended RUS telecommunications bulletins. graduated treated wood standards. for agency borrowers shall not be These bulletins are approved for

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incorporation by reference by the (8) Bulletin 345–72 PE–74, RUS statistically valid sample of member Director of the Office of the Federal specification for filled splice closures, incomes drawn from loan files or a Register in accordance with 5 U.S.C. October 1985. survey, eases the burden on FCUs 552(a) and 1 CFR part 51. These (9) Bulletin 345–78 PE–78, RUS seeking to qualify for a low-income bulletins contain construction standards specification for carbon arrester designation. The final rule is very and specifications for materials and assemblies for use in protectors, similar to the proposed, with additional equipment and may be obtained from February 1980. wording about not combining a survey the Rural Utilities Service, Program (10) Bulletin 345–180 Form 397a, and loan file review. Development and Regulatory Analysis, RUS specifications for voice frequency DATES: This rule is effective July 25, 1400 Independence Ave., SW., Stop repeaters and voice frequency 2011. 1522, Room 4028 South Building, repeatered trunks, January 1963. FOR FURTHER INFORMATION CONTACT: The (11) Bulletin 345–183 Form 397d, Washington, DC 20250–1522, phone following agency staff may be contacted RUS design specifications for point-to- (202) 720–8674. The bulletins are at the address or the telephone numbers point microwave radio systems June available for inspection at RUS, at the provided here: John Worth, Chief 1970. address above, and at the National Economist, Office of the Chief (12) Bulletin 345–184 Form 397e, Archives and Records Administration Economist, telephone (703) 518–6308; RUS design specifications for mobile (NARA). For information on the Olga Bruslavski, Economist, Office of and fixed dial radio telephone availability of this material at NARA, the Chief Economist, (703) 518–6495; equipment May 1971. call 202–741–6030, or go to: http:// Robert Leonard, Director of Consumer _ (13) Bulletin 1728F–700, RUS www.archives.gov/federal register/ Access, Office of Consumer Protection, _ _ _ _ Specification for Wood Poles, Stubs and code of federal regulations/ibr (703) 518–1143; Regina Metz, Staff Anchor Logs, (3–2011). locations.html. These materials are Attorney, Office of General Counsel, (14) Bulletin 1753F–150 Form 515a, incorporated as they exist on the date of (703) 518–6540; National Credit Union Specifications and Drawings for the approval and notice of any change Administration, 1775 Duke Street, Construction of Direct Buried Plant, in these materials will be published in Alexandria, Virginia 22314–3428. the Federal Register. The terms ‘‘RUS September 30, 2010. SUPPLEMENTARY INFORMATION: form’’, ‘‘RUS standard form’’, ‘‘RUS (15) Bulletin 1753F–151 Form 515b, specification’’, and ‘‘RUS bulletin’’ have Specifications and Drawings for Background Construction of Underground Plan, the same meaning as the terms ‘‘REA The Federal Credit Union Act (Act) September 12, 2001. form’’, ‘‘REA standards form’’, ‘‘REA authorizes the NCUA Board to define (16) Bulletin 1753F–152 Form 515c, specification’’, and ‘‘REA bulletin’’, ‘‘low-income members’’ so that credit Specifications and Drawings for respectively, unless otherwise unions with a membership Construction of Aerial Plant, September indicated. For information on other predominantly consisting of low-income 17, 2001. standards incorporated by reference into members can benefit from certain (17) Bulletin 1753F–153 Form 515d, this part see § 1755.901. statutory relief and receive assistance Specifications and Drawings for Service (b) The following RUS bulletins are from the Community Development Installation at Customer Access available from the Superintendent of Revolving Loan Fund. 12 U.S.C. Locations, September 17, 2001. Documents, U.S. Government Printing 1752(5), 1757a(b)(2)(A), 1757a(c)(2)(B), Office (GPO) for Washington, DC 20402, Dated: May 31, 2011. 1772c–1. Currently, NCUA uses geo- Phone: 1–866–512–1800 (toll-free) 202– Jonathan Adelstein, coding software during the examination 512–1800 (DC Area) or go to the GPO Administrator, Rural Utilities Service. processes to designate low-income Web site at: http://www.gpoaccess.gov/ [FR Doc. 2011–14567 Filed 6–23–11; 8:45 am] credit unions, as follows: about/index.html. BILLING CODE P NCUA will make the determination of (1) Bulletin 345–39, RUS specification whether a majority of an FCU’s members are for telephone station protectors, August low-income based on data it obtains during 19, 1985. NATIONAL CREDIT UNION the examination process. This will involve (2) Bulletin 345–50 PE–60, RUS ADMINISTRATION linking member address information to specification for trunk carrier systems, publicly available information from the U.S. Census Bureau to estimate member earnings. September 1979. 12 CFR Part 701 Using automated, geo-coding software, (3) Bulletin 345–54 PE–52, RUS RIN 3133–AD76 NCUA will use member street addresses specification for telephone cable collected during FCU examinations to splicing connectors, December 1971. Sample Income Data To Meet the Low- determine the geographic area and (4) Bulletin 345–55 PE–61, RUS Income Definition metropolitan area for each member account. NCUA will then use income information for specification for central office loop AGENCY: National Credit Union the geographic area from the Census Bureau extenders and loop extender voice Administration (NCUA). and assign estimated earnings to each frequency repeater combinations, member. December 1973. ACTION: Final rule. 73 FR at 71910–11. (5) Bulletin 345–65, PE–65, SUMMARY: The NCUA is amending its Credit unions also currently have the Specification for shield bonding regulation to permit federal credit option to submit actual member data for connectors, March 22, 1985. unions (FCUs) that do not qualify for a purposes of qualifying for the low- (6) Bulletin 345–66 PE–64, RUS low-income designation using the geo- income designation. NCUA’s regulation specification for subscriber carrier coding software the agency has at section 701.34(a)(3) provides that: systems, September 1979. developed for that purpose to submit an Federal credit unions that do not receive (7) Bulletin 345–69 PE–29, RUS analysis of a statistically valid sample of notification that they qualify for a low- specification for two-wire voice member income data as evidence they income credit union designation but believe frequency repeater equipment, January qualify for the designation. The final they qualify may submit information to the 1978. rule, by permitting FCUs to use a regional director to demonstrate they qualify

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for a low-income credit union designation. statistical significance in research and their approach. Two credit union groups For example, federal credit unions may policy analysis. recommended increasing the look back provide actual member income from loan to 10 years, while the bank trade Comments applications or surveys to demonstrate a association recommended shortening majority of their membership is low-income NCUA received eight comments on members. Actual member income data must the period to no more than 2 years. The be compared to a like category of statistical the proposed rule, published in the NCUA Board finds that the 5-year look data, for example, actual individual member Federal Register on December 22, 2010. back period provides a good balance. income may only be compared to total One commenter was a credit union, five The Board emphasizes that the NCUA median earnings for individuals for the were credit union leagues and trade will consider a more flexible approach metropolitan area where they live or national associations, one was a bank trade in the future if warranted. metropolitan area, whichever is greater. association, and one was an individual. The bank trade association advocated 12 CFR 701.34(a)(3). Most commenters strongly supported incorporating into the rule a method by the goal of the proposed rule and agreed which non-sensitive parts of FCU Proposed Rule with the basic structure and framework submissions can be made available to In December 2010, the NCUA Board NCUA proposed. The comments public. In response, NCUA’s position is proposed to amend NCUA’s low-income generally dealt with the specifics of the that the public is already permitted to rule to permit FCUs that would like the sampling approach and the NCUA request release of information under the option to submit their own data for review. Freedom of Information Act (FOIA) and purposes of qualifying for the low- Three commenters expressed the need will be able to obtain information as income designation to use a statistically for additional language either in the text permitted through that process. valid, random sample of member of the proposal or as a policy, letter or Two credit union groups recommend incomes drawn from loan files or a appendix to rule, which would address incorporating a timeframe for NCUA member survey as the basis for the specifics of what is required of a credit review. NCUA will review the analysis. 75 FR 80364 (Dec. 22, 2010). union to qualify under the new applications for the low-income The NCUA Board recognized FCUs may approach. In response, NCUA stresses applications in a timely manner, but the find it difficult to meet the requirement the rule will permit flexibility and will final rule does not incorporate a of collecting actual income data to enable NCUA to work with potential timeframe into the regulation. establish the low-income status of at candidates. NCUA may in the future A credit union league suggested that least 50% plus one of their members. consider issuing a letter to credit unions NCUA allow FCUs to use geo-coding An FCU conducting a survey of or other additional guidance on some of software alternative to the NCUA’s tool members asking its members to disclose the specific elements of the rule if to reduce the amount of required their incomes can also be problematic. warranted. supporting documentation and to It can be difficult for the FCU to achieve Three commenters expressed encourage leagues or their service corps a sufficient survey response rate and concerns over the confidence level/ to develop alternative tools. also members can be reluctant to interval specified in the proposal NCUA believes that the use of any disclose their income in a survey. Credit (95%/5%). Commenters differed in their geo-coding software will produce unions can also have difficulties approach: Two credit union trade similar results and the use of alternative obtaining sufficient member-income associations recommended lowering the software will increase the need for information from their loan applications confidence level or interval (e.g., to documentation and review relative to because many credit unions have not 95%/10%) in order to decrease the using the NCUA software. made loans to over 50% of their required sample size and burden. The One individual opposed the rule and members. bank trade association advocated recommended using actual incomes of The proposed rule added language increasing them (e.g. 99%/5% or 95%/ the entire membership to make the permitting FCUs to rely on a data 1%) to avoid incorrect low-income determinations. NCUA previously sample as long as it meets certain credit union designations. In response, addressed difficulties with the criteria, and requiring the FCUs to NCUA’s position is that a 95%/5% commenter’s approach in the preamble submit a narrative describing sampling benchmark provides a good balance. to the proposed rule. technique and evidence supporting its NCUA will consider a more flexible validity. The proposed rule required the approach in the future if warranted. Final Rule random sample be representative of the The bank trade association The NCUA Board has adopted a final FCU membership, sufficient in both recommended expanding the sampling rule very similar to the proposed rule, number and scope on which to base population from members with loans to but includes new wording about not conclusions, and have a minimal all members to increase the combining a survey and loan file confidence level of 95% and a representativeness of the results. review. As stated in the proposed rule, confidence interval of 5%.1 The NCUA NCUA’s position is that the rule already NCUA will evaluate the sample income Board recognized the 95% confidence adequately addresses this concern. data and the supporting narrative to level and 5% confidence interval is a While allowing FCUs to sample only verify it is a statistically valid, random widely accepted and used threshold for their members with loans, the proposed sample. NCUA emphasizes that a rule preamble extensively discusses the sample has to be drawn entirely from 1 Confidence levels and confidence intervals are need to establish representativeness of loan files or entirely from the survey; no statistical concepts that relate to the precision of the the results, which can be achieved by a combination will be allowed, as there is estimates produced by the sampling approach. relatively simple comparison of incomes no statistically valid methodology for Confidence level is the probability that the results of a sampling approach are within the confidence of all members to incomes of borrowers combining a member survey and a loan interval of the true answer. Confidence interval using the NCUA geo-coding software. file sampling approach. specifies the allowable margin of error around the Three commenters recommended NCUA will expect the narrative and true answer. There are a number of online resources changing the ‘‘look back’’ period for supporting materials to address the that will compute required sample size given loans, currently proposed at 5 years. As following: population, confidence levels, and confidence • intervals including http://www.raosoft.com/ with the issue of the confidence Representativeness of Members. If a samplesize.html. measures above, commenters differed in credit union is relying on income data

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drawn from its loan files, a credit without regulatory time constraints. is not a major rule for purposes of union’s submission needs evidence that FCUs that are considering making a SBREFA. members with loans are representative submission will find it helpful to Paperwork Reduction Act of the broader membership. If members contact NCUA staff to discuss their with loans are not representative of the approach in providing sample income The low-income rule contains a broader membership, the sampling data before undertaking a review of loan ‘‘collection of information’’ within the methodology may not be appropriate. If files or conducting a survey. meaning of section 3502(3) of the a credit union is relying on income data Lastly, the final rule has possible Paperwork Reduction Act of 1995, 44 from a survey, a credit union must implications for federally insured, state- U.S.C. 3502(3), to the extent the rule provide evidence regarding the chartered credit unions (FISCUs) under permits FCUs that do not qualify under representativeness of its responses and NCUA’s regulations at section NCUA’s geo-coding software the option adequacy of response rate. 741.204(b). Under this section, a FISCU of applying on the basis of actual • Income Definition and Timing: If must obtain a low-income designation membership income data and, as set out relying on income data from a survey, to accept certain nonmember accounts, in this amendment to the rule, the the survey needs to be clear regarding if these can be accepted under state law. additional option of submitting a its definition of income to ensure Additionally, pursuant to section 705.3, random and statistically valid sample of accurate responses from members and in order to participate in the membership income data to meet the permit the credit union to use Community Revolving Loan Program, a rule’s requirement that a majority of its appropriate sources for comparison. If low-income determination must be members are low-income as defined in relying on income data from loan files, made pursuant to section 701.34. The the rule. NCUA will expect the analysis to: appropriate state regulator makes the The final rule will permit FCUs, Æ Clearly differentiate household low-income designation, with the which do not qualify for a low-income versus individual income and income concurrence of NCUA, on the same designation using the geo-coding versus earnings in the loan files and use basis as provided in section 701.34(a) software the NCUA has developed for appropriate sources for comparison. for FCUs. 12 CFR 741.204(b). that purpose, to submit an analysis of a Æ Address the age of the income data statistically valid sample of their found in loan files by excluding loan Regulatory Procedures member income data as evidence the files over five years old. Regulatory Flexibility Act FCUs qualify. NCUA does not believe Æ Address issues related to income many FCUs are likely to apply for the verification, for example, addressing The Regulatory Flexibility Act designation on the basis of their member general credit union practices related to requires NCUA to prepare an analysis to income data, perhaps two applications income verification and percentage of describe any significant economic per year. loans in the selected sample with impact any regulation may have on a If relying on income data drawn from unverified income. For surveys, address substantial number of small entities. loan files, NCUA estimates an FCU that credit union verification, if any, of self- 5 U.S.C. 603(a). For purposes of this maintains its loan files electronically reported income information from analysis, NCUA considers credit unions can use statistical computer programs members. having under $10 million in assets small that are freely available and its own • Based on membership size and entities. Interpretive Ruling and Policy staff. In that case, staff time is estimated conservative statistical sampling Statement 03–2, 68 FR 31949 (May 29, at about 40 hours. If an FCU uses the practices and requirements, establish 2003). As of December 31, 2010, out of services of a contractor or other outside minimum sample size of members with approximately 4,589 FCUs, 1,868 had party, such as a computer programmer, income data from loan files or valid less than $10 million in assets. it is estimated those services would cost survey responses. This rule directly affects all low- approximately $100 per hour, for a cost • Describe the method used for income FCUs, of which currently there of approximately $4,000. If an FCU sampling loan files or conducting a are approximately 945. NCUA estimates conducts a survey, various free survey, including any external approximately 533 low-income FCUs computer programs are available on the validation or oversight. are small entities, but that only about internet. The costs of conducting a • For income data from loan files, two in a year will avail themselves of survey may vary significantly submit the well-documented data set the option of providing actual data or depending on the size of the used in the analysis and, for surveys, a sample data to meet the low-income membership. If an FCU uses the services copy of the survey, data summary, and criteria and receive the designation. of a contractor or other outside party to narrative, as necessary to describe the Therefore, NCUA has determined this assist it in developing and conducting a conduct of the survey. rule will not have an impact on a survey, the costs are estimated at NCUA staff will review an FCU’s substantial number of small entities. approximately $4,000 to $5,000. submission, may contact the FCU to In summary, NCUA estimates the total resolve any questions about its Small Business Regulatory Enforcement Fairness Act information collection burden submission or to request additional represented by this proposal involving: information, and will inform the FCU The Small Business Regulatory 2 respondents, 80 annual burden hours, whether it qualifies as expeditiously as Enforcement Fairness Act (SBREFA) of and an annual cost burden of possible. The final rule does not 1996, Public Law 104–121, provides approximately $10,000. NCUA has establish a time frame for a NCUA staff’s generally for congressional review of submitted these numbers to OMB and is review and determination because the agency rules. A reporting requirement is awaiting review. Board believes a submission under the triggered in instances where NCUA final rule is likely to present issues issues a final rule as defined by Section Executive Order 13132 unique to the submitting FCU. The 551 of the Administrative Procedures Executive Order 13132 encourages Board believes FCUs and the NCUA will Act. 5 U.S.C. 551. The Office of independent regulatory agencies to benefit from having the flexibility to Information and Regulatory Affairs consider the impact of their actions on evaluate a credit union’s submission (OIRA) is reviewing this final rule and state and local interests. In adherence to and potentially resolve questions we have recommended to OIRA that it fundamental federalism principles,

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NCUA, an independent regulatory statistically valid, random sample by Payments—Technical Correction’’ in the agency as defined in 44 U.S.C. 3502(5), submitting with its data a narrative e-mail subject line. voluntarily complies with the executive describing its sampling technique and Fax: (703) 518–6319. Use the subject order. The final rule would not have evidence supporting the validity of the line described above for e-mail. substantial direct effect on the states, on analysis, including the actual data set Mail: Address to Mary Rupp, the connection between the national used in the analysis. The random Secretary of the Board, National Credit government and the states, or on the sample must be representative of the Union Administration, 1775 Duke distribution of power and membership, must be sufficient in both Street, Alexandria, Virginia 22314– responsibilities among the various number and scope on which to base 3428. levels of government. NCUA has conclusions, and must have a minimum Hand Delivery/Courier: Same as mail determined this final rule does not confidence level of 95% and a address. constitute a policy that has federalism confidence interval of 5%. A Federal Public Inspection: All public implications for purposes of the credit union must draw the sample comments are available on the agency’s executive order. either entirely from loan files or entirely Web site at http://www.ncua.gov/ from the survey, and must not combine Resources/RegulationsOpinionsLaws/ The Treasury and General Government a loan file review with a survey. NCUA ProposedRegulations.aspx as submitted, Appropriations Act, 1999—Assessment will provide a response to the Federal except as may not be possible for of Federal Regulations and Policies on credit union within 60 days of its technical reasons. Public comments will Families submission. not be edited to remove any identifying NCUA has determined that this final or contact information. Paper copies of rule would not affect family well-being [FR Doc. 2011–15731 Filed 6–23–11; 8:45 am] comments may be inspected in NCUA’s within the meaning of section 654 of the BILLING CODE 7535–01–P law library at 1775 Duke Street, Treasury and General Government Alexandria, Virginia 22314, by Appropriations Act, 1999, Public Law NATIONAL CREDIT UNION appointment weekdays between 9 a.m. 105–277, 112 Stat. 2681 (1998). ADMINISTRATION and 3 p.m. To make an appointment, Agency Regulatory Goal call (703) 518–6546 or send an e-mail to 12 CFR Part 750 [email protected]. NCUA’s goal is to promulgate clear FOR FURTHER INFORMATION CONTACT: RIN 3133–AD73 and understandable regulations that Pamela Yu, Staff Attorney, Office of impose minimal regulatory burden. We General Counsel, or Ross Kendall, request your comments on whether the Golden Parachute and Indemnification Payments—Technical Correction Special Counsel to the General Counsel, final amendment is understandable and at the address above or telephone (703) minimally intrusive if implemented as AGENCY: National Credit Union 518–6540. proposed. Administration (NCUA). SUPPLEMENTARY INFORMATION: List of Subjects in 12 CFR Part 701 ACTION: Interim final rule with request for comments. A. Background Credit unions, Low income, The NCUA published a final rule in Nonmember deposits, Secondary SUMMARY: NCUA is issuing a technical capital, Shares. the Federal Register on May 26, 2011, correction to its rule restricting a at 76 FR 30510, containing a By the National Credit Union federally insured credit union (FICU) comprehensive framework outlining Administration Board, on June 17, 2011. from making golden parachute and permissible and impermissible Mary F. Rupp, indemnification payments to an payments that FICUs can make in the Secretary of the Board. institution-affiliated party (IAP), nature of golden parachutes and published in the Federal Register of For the reasons stated above, NCUA indemnification for IAPs. The final rule May 26, 2011. The amendment corrects amends 12 CFR part 701 as follows: requires a technical correction to an exception to the definition of golden conform the language concerning one PART 701—ORGANIZATION AND parachute payment pertaining to plans permissible exception involving golden OPERATIONS OF FEDERAL CREDIT offered under § 457 of the Internal parachute restrictions to the intent of UNIONS Revenue Code. the rule, as described in the preamble to DATES: Effective on June 27, 2011. the May 26, 2011 rulemaking. ■ 1. The authority for part 701 Comments must be received by July 25, continues to read as follows: 2011. B. Correction Authority: 12 U.S.C. 1752(5), 1757, 1765, ADDRESSES: You may submit comments The intent of the final rule is that 1766, 1781, 1782, 1787, 1789; Title V, Pub. by any of the following methods (please post-employment payments having L. 109–351, 120 Stat. 1966. send comments by one method only): reasonable business purposes should Federal eRulemaking Portal: http:// not be prohibited. Accordingly, the rule ■ 2. Amend § 701.34 by adding the www.regulations.gov. Follow the excludes from the definition of ‘‘golden following at the end of paragraph (a)(3): instructions for submitting comments. parachute payment’’ certain qualified § 701.34 Designation of low-income NCUA Web site: http:// retirement plans such as those status; Acceptance of secondary capital www.ncua.gov/Resources/Regulations permitted under § 401 of the Internal accounts by low-income designated credit OpinionsLaws/ProposedRegulations. Revenue Code (IRC). As discussed in the unions. aspx. Follow the instructions for preamble to the final rule, in response (a) * * * submitting comments. to comments the Board intended to (3) * * * A Federal credit union may E-mail: Address to provide similar treatment to retirement rely on a sample of membership income [email protected]. Include ‘‘[Your plans that are permissible under § 457 of data drawn from loan files or a member name] Comments on ‘‘Interim Final the IRC, which are frequently used by survey provided the Federal credit Rulemaking for Part 750—Golden credit unions and other tax exempt union can demonstrate the sample is a Parachute and Indemnification organizations.

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Plans qualifying as eligible deferred good cause exists for issuing this burden may take the form of either a compensation plans under § 457(b) of clarifying amendment as an interim reporting or a recordkeeping the IRC exhibit characteristics that are final rule, in order to coordinate with requirement, both referred to as similar to the more common § 401(k) the effective date of the new part 750 as information collections. These technical deferred compensation plans that many well as eliminate as soon as possible corrections do not impose any new employers make available to their any confusion resulting from preamble paperwork burden. employees. For example, the amount of language that is inconsistent with, or income that may be deferred under such makes ambiguous, the associated List of Subjects in 12 CFR Part 750 a plan is equivalent to that which may regulatory text. To that extent, NCUA Credit unions, Golden parachute be deferred under § 401, which for 2011 believes issuing this rulemaking as an payments, Indemnity payments. is $16,500. As with § 401 plans, interim final rule is in the public By the National Credit Union moreover, manipulation of the timing interest. NCUA does not anticipate Administration Board, this 17th day of June and amount of the payout are also comments on this change and so is 2011. closely circumscribed by law. For allowing only a 30-day comment period. Mary F. Rupp, example, these plans may not typically D. Regulatory Procedures Secretary of the Board. provide for an in-service distribution For the reasons stated in the prior to retirement. Accordingly, the Regulatory Flexibility Act preamble, the National Credit Union Board intended for § 457(b) plans to be The Regulatory Flexibility Act treated like § 401 plans and excluded Administration amends 12 CFR part 750 requires NCUA to prepare an analysis to as set forth below: from the definition of golden parachute describe any significant economic payment. impact any proposed regulation may PART 750—GOLDEN PARACHUTE Although the preamble to the final have on a substantial number of small AND INDEMNIFICATION PAYMENTS rule makes reference to plans under entities (those under $10 million in subsections (b) and (f) of § 457, it does assets). This interim final rule provides ■ 1. The authority citation for part 750 not provide any substantive discussion clarification regarding the applicability continues to read as follows: concerning the differences between of one of the exceptions to otherwise Authority: 12 U.S.C. 1786(t). them. In fact, however, plans that are applicable regulatory restrictions. permissible under the latter subsection Accordingly, it will not have a ■ 2. Revise the definition of ‘‘Golden are significantly broader and are significant economic impact on a Parachute Payment’’ in § 750.1(e) to accorded much greater flexibility in substantial number of small credit read as follows: terms of structure, vesting, etc. The unions, and therefore, no regulatory § 750.1 Definitions. intent of the rule has always been that flexibility analysis is required. § 457(f) plans must also meet the ‘‘bona * * * * * fide’’ criteria outlined in § 750.1(c) to The Treasury and General Government (e) Golden parachute payment qualify as exceptions to the otherwise Appropriations Act, 1999—Assessment *** applicable golden parachute of Federal Regulations and Policies on (2) Exceptions. The term golden restrictions. Because of the limits Families parachute payment does not include: inherent in § 457(b) and the constraints NCUA has determined that this rule (i) Any payment made pursuant to a governing plans offered under that will not affect family well-being within deferred compensation plan under subsection, the Board intended to the meaning of section 654 of the section 457(b) of the Internal Revenue specify that only § 457(b) plans are Treasury and General Government Code of 1986, 26 U.S.C. 457(b), or a excluded by definition from the term Appropriations Act, 1999, Public Law pension or retirement plan that is golden parachute payment. 105–277, 112 Stat. 2681 (1998). qualified or is intended within a This interim final rule amends reasonable period of time to be qualified § 750.1(e) to clarify that plans offered by Small Business Regulatory Enforcement under section 401 of the Internal FICUs under § 457(b) of the IRC are Fairness Act Revenue Code of 1986, 26 U.S.C. 401; or excluded from the definition of golden The Small Business Regulatory (ii) * * * parachute payment. Plans offered under Enforcement Fairness Act of 1996 (Pub. [FR Doc. 2011–15729 Filed 6–23–11; 8:45 am] § 457(f), however, must meet the ‘‘bona L. 104–121) (SBREFA) provides BILLING CODE 7535–01–P fide’’ criteria outlined in § 750.1(c) to generally for congressional review of qualify as exceptions to the golden agency rules. A reporting requirement is parachute payment definition. triggered in instances where NCUA DEPARTMENT OF TRANSPORTATION C. Interim Final Rule issues a final rule as defined by Section 551 of the APA. 5 U.S.C. 551. NCUA Federal Aviation Administration NCUA is issuing this rulemaking as does not believe this final rule is a an interim final rule effective as of June ‘‘major rule’’ within the meaning of the 14 CFR Part 39 27, 2011, which is the date the new part relevant sections of SBREFA. NCUA has [Docket No. FAA–2011–0468; Directorate 750 will take effect. 76 FR 30510 (May submitted the rule to the Office of 26, 2011). The Administrative Identifier 2011–CE–013–AD; Amendment Management and Budget for its 39–16697; AD 2011–09–51] Procedure Act (APA), 5 U.S.C. 553, determination in that regard. generally requires that before a RIN 2120–AA64 rulemaking can be finalized it must first Paperwork Reduction Act be published as a notice of proposed The Paperwork Reduction Act of 1995 Airworthiness Directives; PIAGGIO rulemaking with the opportunity for (PRA) applies to rulemakings in which AERO INDUSTRIES S.p.A Model public comment, unless the agency for an agency by rule creates a new PIAGGIO P–180 Airplanes good cause finds that notice and public paperwork burden on regulated entities AGENCY: Federal Aviation comment are impracticable, or modifies an existing burden. 44 Administration (FAA), DOT. unnecessary, or contrary to the public U.S.C. 3507(d); 5 CFR part 1320. For ACTION: Final rule; correction. interest. In this regard, NCUA believes purposes of the PRA, a paperwork

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SUMMARY: The FAA is correcting an Issued in Kansas City, Missouri, on June • Federal eRulemaking Portal: Go to airworthiness directive (AD) that 20, 2011. http://www.regulations.gov and follow published in the Federal Register. That Earl Lawrence, the instructions for sending your AD applies to the products listed above. Manager, Small Airplane Directorate, Aircraft comments electronically. The AD number in the preamble on the Certification Service. • Mail: U.S. Department of first page of the AD is incorrect. This [FR Doc. 2011–15810 Filed 6–23–11; 8:45 am] Transportation, 1200 New Jersey document corrects that error. In all other BILLING CODE 4910–13–P Avenue, SE., West Building Ground respects, the original document remains Floor, Room W12–140, Washington, DC the same. 20590–0001. DATES: This final rule is effective June DEPARTMENT OF TRANSPORTATION • Hand Delivery: Deliver to Mail 24, 2011. The effective date for AD address above between 9 a.m. and Federal Aviation Administration 2011–09–51 remains May 31, 2011. 5 p.m., Monday through Friday, except ADDRESSES: You may examine the AD Federal holidays. 14 CFR Part 39 docket on the Internet at http:// • Fax: (202) 493–2251. www.regulations.gov; or in person at the [Docket No. FAA–2011–0445; Directorate Examining the AD Docket Docket Management Facility between Identifier 2011–NE–14–AD; Amendment 39– 9 a.m. and 5 p.m., Monday through 16727; AD 2011–13–04] You may examine the AD docket on Friday, except Federal holidays. The AD RIN 2120–AA64 the Internet at http:// docket contains this AD, the regulatory www.regulations.gov; or in person at the evaluation, any comments received, and Airworthiness Directives; Rolls-Royce Docket Operations office between 9 a.m. other information. The address for the plc RB211—Trent 500 Series Turbofan and 5 p.m., Monday through Friday, Docket Office (phone: 800–647–5527) is Engines except Federal holidays. The AD docket Document Management Facility, U.S. contains this AD, the regulatory Department of Transportation, Docket AGENCY: Federal Aviation evaluation, any comments received, and Operations, M–30, West Building Administration (FAA), DOT. other information. The street address for Ground Floor, Room W12–140, 1200 ACTION: Final rule; request for the Docket Operations office (telephone New Jersey Avenue, SE., Washington, comments. (800) 647–5527) is the same as the Mail DC 20590. address provided in the ADDRESSES FOR FURTHER INFORMATION CONTACT: SUMMARY: We are adopting a new section. Comments will be available in Mike Kiesov, Aerospace Engineer, Small airworthiness directive (AD) for the the AD docket shortly after receipt. products listed above. This AD results Airplane Directorate, FAA, 901 Locust, FOR FURTHER INFORMATION CONTACT: from mandatory continuing Kansas City, MO 64106; phone: (816) Alan Strom, Aerospace Engineer, Engine airworthiness information (MCAI) 329–4144; fax: (816) 329–4090; e-mail: Certification Office, FAA, Engine & issued by an aviation authority of [email protected]. Propeller Directorate, 12 New England another country to identify and correct Executive Park, Burlington, MA 01803; SUPPLEMENTARY INFORMATION: an unsafe condition on an aviation telephone 781–238–7143; fax 781–238– Airworthiness Directive 2011–09–51, product. The MCAI describes the unsafe 7199; e-mail: [email protected]. Amendment 39–16697 (76 FR 27872, condition as: May 13, 2011), currently requires an SUPPLEMENTARY INFORMATION: inspection and functional test of the A Trent 500 engine has been found with valves and drain holes in the fuselage thermal distress of the Intermediate Pressure Discussion (IP) Turbine Nozzle Guide Vanes. The and requires sending a report of the resultant investigation found the root cause The European Aviation Safety Agency results to Piaggio. If the valves and drain to be carbon blockage of the fuel spray (EASA), which is the Technical Agent holes are found to not drain properly nozzles. The source of the carbon has been for the Member States of the European and where no additional drain holes identified to be the RH fuel manifold Community, has issued EASA have been drilled, then there is a assembly. Analysis has verified that low fuel Airworthiness Directive 2011–0050, requirement to drill additional drain velocity and thermal input may cause dated March 21, 2011 (referred to after holes. formation of carbon in a specific region of the this as ‘‘the MCAI’’), to correct an unsafe As published, the AD number RH fuel manifold. As advanced thermal distress of IP Turbine components may condition for the specified products. specified in the preamble section of the The MCAI states: first page is incorrect. potentially result in uncontained, high energy debris release, the formation of carbon No other part of the preamble or A Trent 500 engine has been found with in the RH fuel manifold constitutes a thermal distress of the Intermediate Pressure regulatory information has been potentially unsafe condition. To address and (IP) Turbine Nozzle Guide Vanes. The changed; therefore, only the changed correct this unsafe condition, Rolls Royce resultant investigation found the root cause portion of the final rule is being have developed a cleaning or replacement to be carbon blockage of the fuel spray published in the Federal Register. programme of the RH fuel manifold and an nozzles. The source of the carbon has been The effective date of AD 2011–09–51 optional part replacement. identified to be the RH fuel manifold remains May 31, 2011. We are issuing this AD to prevent the assembly. Analysis has verified that low fuel velocity and thermal input may cause Correction of Non-Regulatory Text release of uncontained high-energy formation of carbon in a specific region of the In the Federal Register of May 13, debris in the event of IP turbine RH fuel manifold. As advanced thermal 2011, AD 2011–09–51, Amendment 39– component failure, which could result distress of IP Turbine components may 16697, on page 27872, in the 3rd in damage to the airplane. potentially result in uncontained, high column, on line 3 of the agency DATES: This AD becomes effective July energy debris release, the formation of carbon in the RH fuel manifold constitutes a identification number section of the 11, 2011. We must receive comments on this potentially unsafe condition. To address and preamble of AD 2011–09–51, the AD correct this unsafe condition, Rolls Royce number is incorrectly referenced as AD AD by July 25, 2011. have developed a cleaning or replacement 2011–10–16. This correction changes ADDRESSES: You may send comments by programme of the RH fuel manifold and an that AD number to AD 2011–09–51. any of the following methods: optional part replacement.

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You may obtain further information by union, etc.). You may review the DOT’s PART 39—AIRWORTHINESS examining the MCAI in the AD docket. complete Privacy Act Statement in the DIRECTIVES Federal Register published on April 11, Relevant Service Information 2000 (65 FR 19477–78). ■ 1. The authority citation for part 39 Rolls-Royce plc has issued Alert continues to read as follows: Service Bulletin No. RB.211–73–AG422, Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 2, dated January 14, 2011. The Title 49 of the United States Code actions described in this service specifies the FAA’s authority to issue § 39.13 [Amended] information are intended to correct the rules on aviation safety. Subtitle I, unsafe condition identified in the section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding MCAI. the FAA Administrator. ‘‘Subtitle VII: the following new AD: FAA’s Determination and Requirements Aviation Programs,’’ describes in more 2011–13–04 Rolls-Royce plc: Amendment of This AD detail the scope of the Agency’s 39–16727; Docket No. FAA–2011–0445; authority. Directorate Identifier 2011–NE–14–AD. This product has been approved by the aviation authority of the United We are issuing this rulemaking under Effective Date Kingdom, and is approved for operation the authority described in ‘‘Subtitle VII, (a) This airworthiness directive (AD) in the United States. Pursuant to our Part A, Subpart III, Section 44701: becomes effective July 11, 2011. General requirements.’’ Under that bilateral agreement with the United Affected ADs Kingdom, they have notified us of the section, Congress charges the FAA with (b) None. unsafe condition described in the MCAI promoting safe flight of civil aircraft in and service information referenced air commerce by prescribing regulations Applicability above. We are issuing this AD because for practices, methods, and procedures (c) This AD applies to Rolls-Royce plc we evaluated all information provided the Administrator finds necessary for RB211–Trent 553–61, RB211–Trent 553A2– by EASA and determined the unsafe safety in air commerce. This regulation 61, RB211–Trent 556–61, RB211–Trent condition exists and is likely to exist or is within the scope of that authority 556A2–61, RB211–Trent 556B–61, RB211– develop on other products of the same because it addresses an unsafe condition Trent 556B2–61, RB211–Trent 560–61, and type design. that is likely to exist or develop on RB211–Trent 560A2–61 turbofan engines, products identified in this rulemaking with right-hand (RH) fuel manifold assembly, FAA’s Determination of the Effective action. part number FW18706, installed. Date Regulatory Findings Reason Since no domestic operators use this (d) This AD results from mandatory product, notice and opportunity for We determined that this AD will not continuing airworthiness information (MCAI) public comment before issuing this AD have federalism implications under issued by an aviation authority of another are unnecessary. Therefore, we are Executive Order 13132. This AD will country to identify and correct an unsafe adopting this regulation immediately. not have a substantial direct effect on condition on an aviation product. The MCAI describes the unsafe condition as: Comments Invited the States, on the relationship between the national government and the States, A Trent 500 engine has been found with This AD is a final rule that involves or on the distribution of power and thermal distress of the Intermediate Pressure requirements affecting flight safety, and responsibilities among the various (IP) Turbine Nozzle Guide Vanes. The we did not precede it by notice and levels of government. resultant investigation found the root cause opportunity for public comment. We to be carbon blockage of the fuel spray invite you to send any written relevant For the reasons discussed above, I nozzles. The source of the carbon has been data, views, or arguments about this AD. certify this AD: identified to be the RH fuel manifold Send your comments to an address 1. Is not a ‘‘significant regulatory assembly. Analysis has verified that low fuel velocity and thermal input may cause ADDRESSES action’’ under Executive Order 12866; listed under the section. formation of carbon in a specific region of the Include ‘‘Docket No. FAA–2011–0445; 2. Is not a ‘‘significant rule’’ under the RH fuel manifold. Directorate Identifier 2011–NE–14–AD’’ DOT Regulatory Policies and Procedures As advanced thermal distress of IP Turbine at the beginning of your comments. We (44 FR 11034, February 26, 1979); and components may potentially result in specifically invite comments on the 3. Will not have a significant uncontained, high energy debris release, the overall regulatory, economic, economic impact, positive or negative, formation of carbon in the RH fuel manifold environmental, and energy aspects of constitutes a potentially unsafe condition. To on a substantial number of small entities address and correct this unsafe condition, this AD. We will consider all comments under the criteria of the Regulatory received by the closing date and may Rolls Royce have developed a cleaning or Flexibility Act. replacement programme of the RH fuel amend this AD because of those manifold and an optional part replacement. comments. We prepared a regulatory evaluation We will post all comments we of the estimated costs to comply with We are issuing this AD to prevent the this AD and placed it in the AD docket. release of uncontained high-energy debris in receive, without change, to http:// the event of IP turbine component failure, www.regulations.gov, including any List of Subjects in 14 CFR Part 39 which could result in damage to the airplane. personal information you provide. We will also post a report summarizing each Air transportation, Aircraft, Aviation Actions and Compliance substantive verbal contact with FAA safety, Incorporation by reference, (e) Unless already done, do the following personnel concerning this AD. Using the Safety. actions: search function of the Web site, anyone Adoption of the Amendment Initial Cleaning and Inspection, or can find and read the comments in any Replacement of our dockets, including, if provided, Accordingly, under the authority (1) For engines that on the effective date of the name of the individual who sent the delegated to me by the Administrator, this AD, have not been repaired using Engine comment (or signed the comment on the FAA amends 14 CFR part 39 as Management Program, Issue 7, dated May 7, behalf of an association, business, labor follows: 2010 or later version; and

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(2) That have not incorporated Rolls-Royce Repetitive Cleaning and Inspection, or DEPARTMENT OF TRANSPORTATION Repeater Technical Variance TV97291, dated Replacement July 2009, or later version; and (11) Thereafter, repetitively clean and Federal Aviation Administration (3) That have not had the RH fuel manifold inspect the RH fuel manifold assembly or assembly cleaned using Overhaul Process 14 CFR Part 77 Manual TSD594–J, Task 70–00–00–100–121, replace the RH fuel manifold assembly with as instructed in Component Maintenance a serviceable RH fuel manifold assembly, [Docket No: FAA 2010–1326] Manual, Tubes, Hoses, and Ducts, dated within 1,300 cycles since performing the last October 2009, or later version; and cleaning and inspection or replacement. Marking Meteorological Evaluation (4) That have not had the RH manifold Towers assembly replaced with a new RH manifold Optional Terminating Action assembly; and (12) As optional terminating action to the AGENCY: Federal Aviation (5) That have not incorporated Rolls-Royce repetitive actions in this AD, remove RH fuel Administration (FAA), DOT. plc Alert Service Bulletin No. RB.211–73– manifold assembly, part number FW18706, ACTION: Policy statement. AG327, Revision 1, dated May 4, 2010, or and install a redesigned RH fuel manifold later version, then: assembly. Guidance on installing the SUMMARY: This action announces the (i) Initially clean and inspect the RH fuel manifold assembly or replace the RH fuel redesigned RH fuel manifold assembly can be FAA’s recommended guidance for the manifold assembly with a serviceable RH fuel found in Rolls-Royce plc Service Bulletin No. voluntary marking of Meteorological manifold assembly. RB.211–73–G547, dated December 7, 2010. Evaluation Towers (METs) erected in (ii) Guidance on cleaning, inspecting, or FAA AD Differences remote and rural areas that are less than replacing of the RH manifold assembly, can 200 feet above ground level (AGL). This be found in Rolls-Royce plc Alert Service (f) None. guidance will enhance the conspicuity Bulletin No. RB.211–73–AG422, Revision 2, Alternative Methods of Compliance of the towers for low level agricultural dated January 14, 2011. operations in the vicinity of these (iii) Perform the cleaning, inspection, or (AMOCs) replacement at the following times: (g) The Manager, Engine Certification towers. (A) For engines with 3,200 cycles-since- Office, FAA, has the authority to approve FOR FURTHER INFORMATION CONTACT: new (CSN) or more, clean and inspect within AMOCs for this AD, if requested using the Sheri Edgett Baron, Obstruction 200 cycles after the effective date of this AD. procedures found in 14 CFR 39.19. Evaluation Group, Air Traffic (B) For engines with between 3,000 CSN Organization, AJV–15, Federal Aviation and 3,199 CSN, clean and inspect no later Related Information than 3,400 CSN. Administration, 800 Independence (h) Refer to MCAI European Aviation Avenue, SW., Washington, DC 20591; (C) For engines with between 2,600 CSN Safety Agency Airworthiness Directive 2011– and 2,999 CSN, clean and inspect within 400 telephone: (202) 267–8783; e-mail: 0050, dated March 21, 2011, Rolls-Royce plc cycles after the effective date of this AD. [email protected]. Alert Service Bulletin No. RB.211–73– (D) For engines with between 2,400 CSN SUPPLEMENTARY INFORMATION: and 2,599 CSN, clean and inspect no later AG422, Revision 2, dated January 14, 2011, than 3,000 CSN. and Rolls-Royce plc Service Bulletin No. 14 CFR Part 77 RB.211–73–G547, dated December 7, 2010, (E) For engines with between 1,300 CSN Title 49 of the United States Code and 2,399 CSN, clean and inspect within 600 for related information. Contact Rolls-Royce (U.S.C.), section 40103(a)(1), provides cycles after the effective date of this AD. plc, Corporate Communications, P.O. Box 31, (F) For engines with fewer than 1,300 CSN, Derby, England, DE248BJ, telephone: 011– that the ‘‘United States Government has clean and inspect no later than 1,900 CSN. 44–1332–242424; fax: 011–44–1332–245418; exclusive sovereignty of airspace of the (6) For engines that on the effective date of or e-mail via: http://www.rolls-royce.com/ United States.’’ Paragraph (b) of this this AD, have been repaired using Engine contact/civil_team.jsp, for a copy of this section directs the FAA to ‘‘develop Management Program, Issue 7, dated May 7, service information. plans and policy for the use of the 2010 or later version; or navigable airspace and assign by (7) That have incorporated Rolls-Royce (i) Contact Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, regulation or order the use of the Repeater Technical Variance TV97291, dated airspace necessary to ensure the safety July 2009, or later version; or Engine & Propeller Directorate, 12 New (8) That have had the RH fuel manifold England Executive Park, Burlington, MA of aircraft and the efficient use of the assembly cleaned using Overhaul Process 01803; telephone 781–238–7143; fax 781– airspace.’’ Manual TSD594–J, Task 70–00–00–100–121, 238–7199; e-mail: [email protected], for In recognition of the threat tall as instructed in Component Maintenance more information about this AD. structures can pose to aviation safety, 49 Manual, Tubes, Hoses, and Ducts, dated U.S.C. 44718 directed the FAA to October 2009, or later version; or Material Incorporated by Reference promulgate regulations requiring notice (9) That have had the RH manifold (j) None. of proposed structures or alterations of assembly replaced with a new RH manifold existing structures when the notice will assembly; or Issued in Burlington, Massachusetts, on promote safety in air commerce and the (10) That have incorporated Rolls-Royce June 14, 2011. plc Alert Service Bulletin No. RB.211–73– efficient use and preservation of the AG327, Revision 1, dated May 4, 2010, or Peter A. White, navigable airspace and of airport traffic later version, then: Acting Manager, Engine and Propeller capacity at public-use airports. See 14 (i) Initially clean and inspect the RH fuel Directorate, Aircraft Certification Service. CFR part 77. The agency was further manifold assembly or replace the RH fuel [FR Doc. 2011–15677 Filed 6–23–11; 8:45 am] directed to study such structures and manifold assembly with a serviceable RH fuel BILLING CODE 4910–13–P determine the extent of any adverse manifold assembly, within 1,300 cycles since impacts on the safe and efficient use of the engine most recently met any of the the airspace, facilities or equipment. requirements of paragraphs (e)(6) through Consistent with the above statutory (e)(10) of this AD. (ii) Guidance on cleaning, inspecting, or and regulatory framework, the FAA has replacing of the RH manifold assembly, can adopted policy to establish the be found in Rolls-Royce plc Alert Service standards for which the FAA identifies Bulletin No. RB.211–73–AG422, Revision 2, ‘‘obstructions’’ and ‘‘hazards’’ in the dated January 14, 2011. navigable airspace in furtherance of its

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responsibilities to manage the navigable paint pattern used to mark structures Aviation Association (NAAA) airspace safely and efficiently. See 14 based on size and shape. Section (d) of commented that the marking provisions CFR part 77 and FAA Order 7400.2, that paragraph specifically refers to should apply to any tower over 50 feet Procedures for Handling Airspace communication towers and catenary AGL. NAAA further contends that paint Matters. support structures, poles, smokestacks must be applied to the entire vertical Part 77 specifies when notice must be and skeletal framework of storage tanks length of the tower in order to be filed with the FAA for the construction and similar structures. The METs effective. Transport Canada, which of a structure or alteration of (an addressed in this document are similar recently issued an Advisory Circular 1 existing) structure. In filing this notice, to the structures identified in this for marking of METs, recommend the proponent provides the required paragraph. Therefore, the FAA proposed painting the entire support mast. information and submits its marking the guidance recommended for these The FAA agrees that painting the and lighting plan for that proposal, if structures, which is alternating bands of entire structure will provide the best appropriate. Sponsors are encouraged to aviation orange and white. visibility for pilots. As aerial applicators review the guidance in Advisory Secondly, the FAA recommended fly close to the vegetation and well Circular No. 70/7460–1, Obstruction spherical and/or flag markers be used in below 200 feet AGL, the MET should be Marking and Lighting in devising the addition to the above paint pattern visible against the terrain as well as the marking and lighting plan for the when additional conspicuity is sky. Therefore, the most effective proposed structure. In conducting the necessary for aviation safety. Paragraph painting scheme would entail painting aeronautical study, the FAA considers 34 provides recommended guidance for the entire structure with alternating the proposed structure, including the the use of spherical and flag markers. bands of aviation orange and white marking and lighting plan, and Lastly, the FAA proposed high paint, as described in AC No. 70/7460– determines the impact on air navigation. visibility sleeves and/or flags on the 1, paragraphs 30–33. These provisions If the FAA issues a Determination of No outer guy wires of these METs. While also recommend that the paint should Hazard to Air Navigation, the AC No. 70/7460–1 does not contain this be replaced when faded or otherwise determination may be conditioned on type of marking, the FAA specifically deteriorated. the structure being marked and lighted sought comments as whether this type The FAA received varying comments in accordance with the determination. of marking would be feasible and on the usage and length of sleeves on Unless notice is required under a appropriate. METs. Several commenters, including separate paragraph of § 77.9, the FAA II. Summary of Comments and FAA AWEA and Iberdrola, stated that there is does not study structures under 200 feet Response a practical limit as to how much weight AGL at its site. the guy wires can sustain and a limited The comment period closed on I. Background percentage of wires can bear the February 4, 2011 and the FAA received additional weight of sheathing. AWEA approximately 460 comments from The FAA has been approached by also stated that sleeves could add individuals, aviation associations, operators, associations representing significant stress, particularly in icing industry users, aviation businesses, agricultural operators, and state situations, and undermine the structural emergency medical services, state governments concerning the visibility of integrity of the tower and lead to failure. METs in remote and rural areas that also governments and state departments of Commenters indicated that the length have low-level flight operations. METs transportation. Many comments of the sleeve should be determined on are used by wind energy companies to received were in response to the January a case-by-case basis, and result in a determine feasible sites for wind 10, 2011 fatal accident involving a sheath that is sufficient to rise above tall turbines. Some of these towers are less Rockwell International S–2R aircraft crops or other land cover but still than 200 feet AGL, usually at 198 feet that collided with a MET during an remain visible to pilots. The Helicopter or less. The structures are portable, aerial application in Oakley, California. Association International recommended erected in a matter of hours, installed Most commenters supported a goal of at least 16 feet of high visibility sleeves with guyed wires and constructed from improving the safety of certain aviation on guy wires at the anchor point to a galvanized material often making them operations in the vicinity of METs that extend above any surrounding crop. difficult to see in certain atmospheric are less than 200 feet in height. Some Other commenters recommended conditions. The METs that fall under commenters supported various forms of sheathing in a range of 6–10 feet. the 200 foot AGL threshold, specified in marking the METs not proposed in the The FAA received similar comments § 77.9, are not subject to the notice document, and others supported from Iberdrola, AWEA, NAAA and other requirements and do not trigger any marking and lighting METs. Only 3 agricultural associations on the use of aeronautical study by the FAA. commenters opposed the proposed spherical marker balls. These On January 5, 2011, the FAA guidance. commenters stated that marker balls can published a document seeking The comments covered the following attract significant icing, which increase comments on proposed guidance for the general areas of the proposal: marking loads on the tower and can lead to tower voluntary marking of METs less than and lighting METS, the advantages and failure, as well as interfere with 200 feet AGL (76 FR 1326). The FAA disadvantages of affixing sleeves and instrumentation and affect accuracy of agrees that marking these structures spherical marker balls, establishing a MET readings. Various agricultural would enhance the conspicuity of these database of METs, and making the associations and others supported the METs, particularly for low-level guidance for marking mandatory. use of spherical marker balls painted The American Wind Energy agricultural operations. aviation orange. EcoEnergy uses 4 high Association (AWEA) and California The document set forth three visibility cable balls on the outer guy Wind Energy Association favored recommendations for comment. First, wires. Iowa Agricultural Aviation enhancing pilot safety. AWEA the FAA recommended that the METs Association recommended 8 total be painted in accordance with the supported painting the METs as criteria contained in Chapter 3, proposed, but commented that painting 1 Transport Canada Advisory Circular No. 600– 1 paragraphs 30–33 of AC No. 70/7460–1. the top ⁄3 of the tower would be 001, Marking of Meteorological Towers (Mar. 3, In particular, paragraph 33 discusses the sufficient. The National Agricultural 2011).

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marker balls. Iberdrola uses 4 marker paint, however, the FAA did not receive location of these towers or for some balls installed just above ground-based sufficient data on the use of flags on the other zoning, planning or public welfare sheathing to enhance visibility of the guy wires that support METs to provide purpose. furthest extent of guy wires and a recommendations on their use for these Many commenters responded that second set of 4 marker balls installed towers. marking and lighting of METs should be approximately 45 meters AGL to NAAA, HAI, and others submitted mandatory. The FAA also received enhance visibility of the painted tower various recommendations for lighting comments from the Experimental segment that delineates the tallest extent METs. The comments recommended Aircraft Association, the National of the tower. Iberdola strongly varied uses of red lights and white Association of State Aviation Officials, discouraged consideration of additional strobe lights. Some commenters also and others recommending changes to maker balls (more than 8) on METs as stated that a recommendation for lights part 77 so that the FAA may study structural integrity limits are would require a Notice to Airmen different structures at heights encroached upon with further loading. (NOTAM) to be issued when the lights constructed less than 200 feet. NAAA Additionally, a few comments were not operational.2 also commented that upon adoption of supported the use of marker flags in Lighting studies indicate that red revised standards, any towers erected conjunction with spherical marker balls. lights are difficult to see during the day, before the adoption date shall be The commenters also noted that flags and that the most acceptable lighting marked within six months after the may be useful as a visual aid, but are configuration would be the use of a high effective date. subject to rapid deterioration from intensity white strobe. The FAA The purpose of this proposal was to weather conditions such as wind, snow, acknowledges that the addition of lights address a limited population of METs and ice. may make METs more visible to that are not studied under part 77, but The FAA concludes that sleeves and agricultural and other low flying are difficult to see by certain low level spherical marker balls will enhance the operations. The FAA concludes, aircraft operations. The guidance is conspicuity of METs particularly for however, that it would not be practical recommended to landowners and low flying agricultural and other to recommend lights for the METs developers siting these towers in aviation operations. The FAA addressed in this document. The remote, rural agricultural areas. The recommends one high visibility sleeve remoteness of many MET locations does guidance recommended here is not on each guy wire anchor point that will not allow for pre-existing power necessary for METs that are erected in reach a height well above the crop or sources, and strobe lights require more urban areas and far removed from areas vegetation canopy, and another sleeve power than red lights. While solar lights where rural agricultural spraying installed on each of the outer guy wires. may be a possible option, the FAA has operations are conducted. Landowners The FAA recognizes that certain not studied solar lighting and therefore, and developers must exercise discretion weather conditions may affect the cannot provide recommendations for in determining if the METs will be placement and use of high visibility flight visibility. erected in this type area where these sleeves on guy wires, and that the length Additionally, when the FAA conducts operations are conducted and whether should be determined on a case-by-case an aeronautical study, it reviews many the marking and painting would basis. factors in determining whether lighting enhance the visibility of these structures Spherical markers may have different is necessary. These factors include to low-level flight operations. placement standards, depending on the height, location, proximity to an airport, The FAA received comments company that manufactures them. flight activity in the area, and pertaining to environmental impact Varying placement standards and other complexity of terrain. Without a similar issues and vegetation management. The factors such as weather play a role in evaluation process, the FAA cannot Marin Audubon Society supporting the the placement of spherical markers and recommend lighting for METs. It is inclusion of guidance for measures to flexibility is needed when determining important to note that the FAA does not reduce the risk of collision for aircraft their position on the METs. As a general recommending lighting in every and birds. Other commenters claimed that steady red lights attract and confuse recommendation, that FAA aeronautical study. recommends a total of 8 high visibility The State of Minnesota commented birds and that sleeves and skeletal spherical marker (or cable) balls of that it is important to collect and share framework of METs should be designed aviation orange color attached to the guy information METs siting in a timely to make them visible for birds. Three commenters opposed the wires; four marker balls should be manner, and that recommendations to proposal. One commenter was attached to guy wires at the top of the mark and light METs should not hinder concerned that the proposal would be tower no further than 15 feet from the any growth aspirations of the wind expanded to include amateur radio top wire connection to the tower, and 4 industry. NAAA proposed that the FAA antenna supports. Another commenter marker balls at or below the mid point establish a database that catalogues all was concerned with light pollution and of the structure on the outer guy wires. tower locations, similar to the initiative applicability regardless of terrain and As stated previously, the FAA by the State of Wyoming. other factors. The remaining commenter recognizes that the varying factors It is not feasible for the FAA to inaccurately referred to this notice of identified above may result in the maintain a national database for policy as a notice of proposed placement or number of marker balls structures that are less than 200 feet rulemaking to amend the regulations in used and should be addressed on a case- AGL and otherwise not subject to the part 77. This commenter also argued by-case basis. The use of sleeves should notice requirement in part 77. The FAA that some developers may follow the not impact the placement of spherical does not object to a state or local guidance and others may not, which marker balls. jurisdiction maintaining or providing a may introduce potential for pilots to Existing guidance in AC 70/7460, source of information that would inform presume that all METs will be marked paragraph 34(b) states that flags are used pilots as to the location or planned to mark certain structures or objects and could result in failure to identify when it is technically impractical to use 2 The FAA notes that a NOTAM is issued for light and avoid unmarked towers. The spherical markers or painting. The FAA outages only for structures subject to an FAA commenter contends that developers recommends spherical markers and determination that specifies lighting. that choose to voluntarily mark and

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light their METs would incur additional attached to the guy wires. Spherical and post shipment verification reporting costs and time delays and this affects markers should be installed and requirements in the EAR. their ability to compete with others in displayed in accordance to guidance Additionally, this rule moves Albania the market. As stated previously, the contained in this document and and Croatia from Computer Tier 3 to FAA is not amending the regulations to additional standards contained in Computer Tier 1 in the section of the require notice for structures less than Chapter 3, paragraph 34 of AC No. 70/ EAR dedicated to export control 200 feet AGL in non-airport 70460–1. The FAA, however, recognizes requirements for high performance environments. The FAA is providing various weather conditions and computers. The Administration believes this information to enhance the manufacturing placement standards Albania and Croatia are eligible to be visibility of structures that otherwise may affect the placement and use of treated as Computer Tier 1 countries may be difficult to see due to the terrain high visibility sleeves and/or spherical because their governments have made and the nature of specific operations markers. Thus, flexibility is needed the necessary reforms to allow the conducted around these METs. While when determining sleeve length and countries to join the North Atlantic this guidance is not mandatory, the FAA marker placement on METs. Treaty Organization, and have adopted anticipates that in the interest of Issued in Washington, DC, on June 20, accepted global standards in export aviation safety, developers and 2011. controls. landowners will consider this guidance Dennis E. Roberts, DATES: Effective Dates: This rule is for METs erected in the environments effective on June 24, 2011. described in this document. Director, ATO Airspace Services, AJV–1. [FR Doc. 2011–15746 Filed 6–23–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: For III. Policy BILLING CODE 4910–13–P general questions contact Sharron Cook, The FAA recommends voluntary Office of Exporter Services, Bureau of marking of METs less than 200 feet AGL Industry and Security, U.S. Department in accordance with marking guidance DEPARTMENT OF COMMERCE of Commerce at 202–482 2440 or by contained in this document and e-mail: [email protected]. Advisory Circular 70–7460–l, Bureau of Industry and Security For technical questions contact: Obstruction Marking and Lighting. The Joseph Young at 202–482–4197 or by FAA notes that historically this 15 CFR Parts 734, 740, 743 and 774 e-mail at [email protected]. guidance has not been applied to the SUPPLEMENTARY INFORMATION: [Docket No. 110210131–1317–01] voluntary marking of METs less than Background 200 feet AGL. However, the FAA RIN 0694–AF15 recognizes the need to address safety In July 1996, the United States and impacts to low-level flight operations Export Controls for High Performance thirty-three other countries gave final due to the construction of METs in Computers: Wassenaar Arrangement approval to the establishment of a new remote and rural areas, especially as Agreement Implementation for ECCN multilateral export control arrangement agricultural spraying season approaches. 4A003 and Revisions to License called the Wassenaar Arrangement on Due to the growing concerns expressed Exception APP Export Controls for Conventional Arms by operators, associations representing and Dual Use Goods and Technologies agricultural operators, and state and AGENCY: Bureau of Industry and (Wassenaar Arrangement or WA). The local governments throughout the Security, Commerce. Wassenaar Arrangement contributes to agricultural industry, the FAA believes ACTION: Final rule. regional and international security and that voluntary marking of METs less stability by promoting transparency and than 200 AGL in remote and rural areas SUMMARY: This final rule revises the greater responsibility in transfers of enhance the visibility of these structures Export Administration Regulations conventional arms and dual use goods to low level agricultural operations in (EAR) to implement changes made to and technologies, thus preventing the vicinity of these towers. the Wassenaar Arrangement’s List of destabilizing accumulations of such The FAA recommends that Dual Use Goods and Technologies items. Participating states committed to landowners and developers use (Wassenaar List) maintained and agreed exchange information on exports of dual guidance contained in Advisory to by governments participating in the use goods and technologies to non- Circular 70/7460–1, Obstruction Wassenaar Arrangement on Export participating states for the purposes of marking and Lighting for the voluntary Controls for Conventional Arms and enhancing transparency and assisting in marking of METs less than 200 feet Dual Use Goods and Technologies developing a common understanding of AGL. METs should be painted in (Wassenaar Arrangement, or WA) at the the risks associated with the transfers of accordance to criteria contained in December 2009 WA Plenary Meeting these items. For more information on Chapter 3, paragraphs 30–33 of AC No. (the Plenary) that relate to Export the Wassenaar Arrangement go to 70/7460–1, specifically, with alternate Control Classification Number (ECCN) http://www.wassenaar.org/. bands of aviation orange and white 4A003. These changes agreed to at the Many computers are exported and paint. In addition, paragraph 34 states Plenary pertain to raising the Adjusted reexported using License Exception that all markings should be replaced Peak Performance (APP) for digital Adjusted Peak Performance (APP). The when faded or otherwise deteriorated. computers in ECCN 4A003. In primary eligibility criteria considered The FAA recommends that high accordance with the National Defense for this license exception are destination visibility sleeves be installed on the Authorization Act (NDAA) for FY 1998, country and the processing speed. In the outer guy wires of METs as described in the President’s report for High past, the processing speed was this document. The FAA intends, at a Performance Computers was sent to measured using a formula that would future date, to amend the advisory Congress on February 7, 2011, to result in the Composite Theoretical circular to include guidance on sleeves. identify and set forth a justification for Performance (CTP) of a computer. Additionally, the FAA recommends the new APP. This rule also makes Presently, the speed of computers is high visibility spherical marker (or corresponding revisions to License calculated using a formula that results cable) balls of aviation orange color are Exception APP, the de minimis rule, in the Adjusted Peak Performance

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(APP). The countries eligible for export and ‘‘production’’ technology controlled in harmonization with the revision or reexport under License Exception by ECCN 4E001 and source code made to ECCN 4A003. APP are divided into two groups or controlled by ECCN 4D001, BIS is Section 743.2 ‘‘High Performance raising the eligibility parameter (APP) ‘‘Tiers’’, (Tier 1 and Tier 3). Countries Computers: Post Shipment Verification listed in Tier 1 are ally countries or from 0.5 WT to 1.5 WT for foreign Reporting’’ countries that do not pose a national nationals of Computer Tier 1 countries security, nuclear or missile threat to the (with the exception of the countries This section outlines special post- United States. Tier 3 Countries are all listed in Section 740.7(c)(3)(i) that have shipment reporting requirements for the other countries with the exception of unlimited APP for ‘‘development’’ and export of certain computers to the terrorist supporting countries listed ‘‘production’’ technology and source destinations in Computer Tier 3 of in Country Group E:1 of Supplement code) and from 0.1 WT to 0.5 WT for License Exception APP (Section 740.7 of No. 1 to part 740. foreign nationals of Computer Tier 3 the EAR). The reporting requirement The National Defense Authorization countries, because of the advancement applies to high performance computer Act (NDAA) Congressional Notification of high performance computer exports to destinations in Computer Tier Requirement, Subsections 1211(d) and technology. 3, as well as exports of commodities (e) of the National Defense used to enhance computers previously Albania and Croatia Authorization Act (NDAA) for FY 1998 exported or reexported to Computer Tier (Pub. L. 105–85, November 18, 1997, This rule removes Albania and 3 destinations, where the APP is greater 111 Stat. 1932), provides that a new Croatia from Computer Tier 3 and than 0.75 WT. This rule increases that composite theoretical performance level places these countries in Computer Tier APP level from 0.75 WT to 1.5 WT in for purposes of licensing exports of 1 in Section 740.7 License Exception accordance with the WA agreement to digital computers to Tier 3 countries APP. The requirements in the 1998 increase the APP level in ECCN 4A003. may not take effect until sixty days after National Defense Authorization Act Export Administration Act the President submits a report to (NDAA) provides that the removal of a Since August 21, 2001, the Export Congress setting forth the new level and country from Tier 3 may take effect 120 Administration Act of 1979, as the justification for the new level. The days after Congress receives a report amended, has been in lapse. However, President sent a report to Congress on justifying such a removal. The President the President has continued the EAR in February 7, 2011 that identifies and sent a report to Congress on February 7, effect under the International provides justification for a new 1.5 2011, therefore the 120 days have Emergency Economic Powers Act (50 Weighted TeraFLOPS (WT) control level passed. Albania and Croatia have made U.S.C. 1701–1707) through Executive using the Adjusted Peak Performance significant progress in conforming to Order 13222 of August 17, 2001 (3 CFR, (APP) formula. international nonproliferation norms 2001 Comp. 783 (2002)), which has been Revisions to the Commerce Control List and export control standards. Croatia is extended by successive Presidential a member of the Australia Group, the Notices, the most recent being that of This rule revises Export Control Nuclear Suppliers Group, and the Classification Number (ECCN) 4A003 on August 12, 2010, 75 FR 50681 (August Wassenaar Arrangement. Albania has 16, 2010). the Commerce Control List (CCL) to declared its adherence to the implement the changes to the international export control regimes and Rulemaking Requirements Wassenaar List of Dual Use Goods and is working on becoming a member of the 1. This final rule has been determined Technologies agreed to at the December regimes. Albania and Croatia are parties to be not significant for purposes of 2009 WA Plenary meeting. These to the Nuclear Non-Proliferation Treaty, Executive Order 12866. changes are described in more detail the Chemical Weapons Convention, and 2. Notwithstanding any other below. the Biological Weapons Convention. In provision of law, no person is required ECCN 4A003 is amended by: addition, Albania and Croatia adhere to to respond to, nor shall any person be —Revising the APP from 0.75 to 1.5 WT the Hague Code of Conduct and are now subject to a penalty for failure to comply in the AT control paragraph of the North Atlantic Treaty Organization with a collection of information subject License Requirements section to make (NATO) allies. This revision will result to the requirements of the Paperwork it consistent with the revision in in fewer license applications, because Reduction Act of 1995 (44 U.S.C. 3501 4A003.b. Albania and Croatia will now be eligible et seq.) (PRA), unless that collection of —Revising the APP from 0.75 to 1.5 WT for License Exception APP. In addition, information displays a currently valid (in two places) in Note 1 of the the EAR will no longer require NDAA- Office of Management and Budget License Requirements section, to based recordkeeping and post shipment (OMB) Control Number. This rule make it consistent with a revision in verification reporting of exports of high involves two collections of information 4A003.b. performance computers to Albania and subject to the PRA. One of the —Revising the APP from 0.75 to 1.5 WT Croatia (see Section 743.2 of the EAR). collections has been approved by OMB in 4A003.b to maintain control of Section 734.4 ‘‘De minimis U.S. under control number 0694–0088, leading edge computers, while Content’’ ‘‘Multi Purpose Application,’’ and decontrolling older computers. carries a burden hour estimate of 43.8 Foreign-made computers with an APP minutes for a manual or electronic Section 740.7 Computers (APP) of 0.75 WT located in a foreign country submission. The other of the collections The WA members agreed at the 2009 are not eligible for the application of the has been approved by OMB under Plenary to raise the ‘‘License Exception de minimis rules when they contain control number 0694–0137, ‘‘’Licensing Adjusted Peak Performance’’ (APP) U.S.-origin controlled semiconductors Exceptions and Exclusions,’’ and carries parameter in ECCNs 4D001 (0.25 WT), (other than memory circuits) classified a burden hour estimate of 21 minutes and 4E001 (0.25 WT), because of the under ECCN 3A001 and are destined to for a manual or electronic submission. advancement of computer technology. a country in Computer Tier 3 of Section Send comments regarding these burden In License Exception APP, with regard 740.7 of the EAR. This rule increases the estimates or any other aspect of these to deemed exports of ‘‘development’’ APP parameter from 0.75 WT to 1.5 WT collections of information, including

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suggestions for reducing the burden, to required to be given for this rule under E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., OMB Desk Officer, New Executive the Administrative Procedure Act or by p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Office Building, Washington, DC 20503; any other law, the analytical Comp., p. 783; Notice of August 12, 2010, 75 and to Jasmeet Seehra, OMB Desk requirements of the Regulatory FR 50681 (August 16, 2010). Officer, by e-mail at Flexibility Act (5 U.S.C. 601 et seq.) are § 740.7 [Amended] [email protected] or by not applicable. Therefore, this fax to (202) 395–7285; and to the Office regulation is issued in final form. ■ 4. Section 740.7 is amended by: of Administration, Bureau of Industry Although there is no formal comment ■ a. Removing Albania and Croatia from and Security, Department of Commerce, period, public comments on this the list of countries in paragraph (d)(1) 14th and Pennsylvania Avenue, NW., regulation are welcome on a continuing and adding them in alphabetical order Room 6622, Washington, DC 20230. basis. Comments should be submitted to to paragraph (c)(1); 3. This rule does not contain policies Sharron Cook, Office of Exporter ■ b. Removing the number ‘‘0.5’’ and with Federalism implications as that Services, Bureau of Industry and adding in its place ‘‘1.5’’ in paragraph term is defined under Executive Order Security, Department of Commerce, (c)(3)(ii); and 13132. 14th and Pennsylvania Ave., NW., ■ 4. The provisions of the Room 2099, Washington, DC 20230. c. Removing the number ‘‘0.1’’ and Administrative Procedure Act (5 U.S.C. adding in its place ‘‘0.5’’ in paragraph 553) requiring notice of proposed List of Subjects (d)(3)(i). rulemaking, the opportunity for public 15 CFR Part 734 participation, and a delay in effective PART 743—[AMENDED] date, are inapplicable because this Administrative practice and regulation involves a military and procedure, Exports, Inventions and ■ 5. The authority citation for Part 743 foreign affairs function of the United patents, Research science and continues to read as follows: States (5 U.S.C. 553(a)(1)). Immediate technology. Authority: 50 U.S.C. app. 2401 et seq.; 50 implementation of these amendments 15 CFR Part 740 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, fulfills the United States’ international 3 CFR, 2001 Comp., p. 783; Notice of August Administrative practice and obligation to the Wassenaar 12, 2010, 75 FR 50681 (August 16, 2010). procedure, Exports, Reporting and Arrangement on Export Controls for recordkeeping requirements. § 743.2 [Amended] Conventional Arms and Dual Use Goods and Technologies. The Wassenaar 15 CFR Part 743 ■ 6. Section 743.2 is amended by Arrangement contributes to Administrative practice and removing the phrase ‘‘0.75 Weighted international security and regional procedure, Reporting and recordkeeping TeraFLOPS (WT).’’ and adding in its stability by promoting greater requirements. place ‘‘1.5 Weighted TeraFLOPS (WT).’’ responsibility in transfers of in paragraph (b). conventional arms and dual use goods 15 CFR Part 774 and technologies, thus preventing Exports, Reporting and recordkeeping PART 774—[AMENDED] destabilizing accumulations of such requirements. ■ items. The Wassenaar Arrangement Accordingly, Parts 734, 740, 743 and 7. The authority citation for Part 774 consists of 44 member countries that act 774 of the Export Administration continues to read as follows: on a consensus basis and the changes Regulations (15 CFR Parts 730 through Authority: 50 U.S.C. app. 2401 et seq.; 50 set forth in this rule implement 774) are amended as follows: U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. agreements reached at the December 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 2009 plenary session of the WA. PART 734—[AMENDED] seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); Because the United States is a 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. significant exporter of the items in this ■ 1. The authority citation for Part 734 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 rule, implementation of this provision is continues to read as follows: U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. necessary for the WA to achieve its Authority: 50 U.S.C. app. 2401 et seq.; 50 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. purpose. Delaying implementation will U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 create a disruption in the movement of 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 Comp., p. 783; Notice of August 12, 2010, 75 affected items globally because of FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. FR 50681 (August 16, 2010). 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. disharmony between export control ■ 8. In Supplement No. 1 to Part 774 measures implemented by WA 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 (the Commerce Control List), Category members, resulting in tension between Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010); Notice of 4—Computers, ECCN 4A003 is amended member countries. Export controls work November 4, 2010, 75 FR 68673 (November by revising the AT entry and Notes 1 best when all countries implement the 8, 2010). and 2 in the License Requirements same export controls in a timely section, and paragraph b. in the Items manner. If this rulemaking was delayed § 734.4 [Amended] paragraphs of the List of Items to allow for notice and comment, it ■ 2. Section 734.4 is amended by Controlled section, to read as follows: would prevent the United States from removing the phrase ‘‘0.75 Weighted fulfilling its commitment to the WA in TeraFLOPS (WT)’’ and adding in its Supplement No. 1 to Part 774—The a timely manner and would injure the place ‘‘1.5 Weighted TeraFLOPS (WT)’’ Commerce Control List credibility of the United States in this in paragraph (a)(1). * * * * * and other multilateral regimes. Further, no other law requires that a PART 740—[AMENDED] 4A003 ‘‘Digital computers’’, ‘‘electronic notice of proposed rulemaking and an assemblies’’, and related equipment therefor, ■ 3. The authority citation for Part 740 as follows and specially designed opportunity for public comment be components therefor. given for this final rule. Because a continues to read as follows: notice of proposed rulemaking and an Authority: 50 U.S.C. app. 2401 et seq.; 50 License Requirements opportunity for public comment are not U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; * * * * *

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Country General Requirements for Informed threatening situation involving the Control(s) chart Consent.’’ This final rule confirms the human subject of such testing which IFR’s establishment of a new exception necessitates the use of such device; (2) from the general requirements for it is not feasible to obtain informed ***** informed consent to permit the use of consent from the subject; and (3) there AT applies to entire entry ...... (refer to 4A994 for controls on investigational in vitro diagnostic is not sufficient time to obtain such ‘‘digital computers’’ ...... devices to identify chemical, biological, consent from the subject’s legally with a APP > 0.0128 but ≤ to radiological, or nuclear agents without authorized representative. Further, a 1.5 WT) ...... AT Column informed consent in certain licensed physician uninvolved in the 1. circumstances. FDA has created this testing must agree with this three-part exception to help ensure that determination in advance of using the ***** individuals who may have been device unless use of the device is Note 1: For all destinations, except those exposed to a chemical, biological, required to save the life of the human countries in Country Group E:1 of radiological, or nuclear agent are able to subject of such testing and there is not Supplement No. 1 to part 740 of the EAR, no benefit from the timely use of the most sufficient time to obtain such license is required (NLR) for computers with appropriate diagnostic devices, concurrence. an ‘‘Adjusted Peak Performance’’ (‘‘APP’’) not including those that are investigational. II. Highlights of Final Rule exceeding 1.5 Weighted TeraFLOPS (WT) This final rule adds a requirement that and for ‘‘electronic assemblies’’ described in the investigator submit the required The preamble to the IFR described the 4A003.c that are not capable of exceeding an documentation to FDA, in addition to provisions of this rule in detail (71 FR ‘‘Adjusted Peak Performance’’ (‘‘APP’’) submitting it to the reviewing 32827). In issuing this final rule, FDA is exceeding 1.5 Weighted TeraFLOPS (WT) in Institutional Review Board (IRB). making one change to the IFR, in aggregation, except certain transfers as set response to comments that the rule did forth in § 746.3 (Iraq). DATES: The rule is effective June 24, 2011. not protect against misuse of this Note 2: Special Post Shipment Verification limited exception from informed FOR FURTHER INFORMATION CONTACT: reporting and recordkeeping requirements for consent requirements. In response to Claudia M. Gaffey, Center for Devices exports of computers to destinations in those concerns, FDA is adding a Computer Tier 3 may be found in § 743.2 of and Radiological Health, Food and Drug requirement that investigators also send the EAR. Administration, 10903 New Hampshire the required documentation to FDA, not Ave., Bldg. 66, rm. 5516, Silver Spring, * * * * * just to the reviewing IRB. This new MD 20993–0002, 301–796–6196. List of Items Controlled requirement provides an additional SUPPLEMENTARY INFORMATION: * * * * * level of oversight to help ensure that the Items: I. Background limited exception criteria are met. * * * * * A. Overview of Final Rule III. Comments on the IFR b. ‘‘Digital computers’’ having an The Agency received comments on ‘‘Adjusted Peak Performance’’ (‘‘APP’’) In the Federal Register of June 7, 2006 exceeding 1.5 weighted TeraFLOPS (WT); (71 FR 32827), FDA published an the IFR from nine different entities. Interim Final Rule that established an Comments were received from four * * * * * exception from the general requirements individual consumers, two from Dated: June 15, 2011. for informed consent to permit the use consumer groups, and one each from a Kevin J. Wolf, of investigational in vitro diagnostic health professional, a health Assistant Secretary for Export devices to identify chemical, biological, professional group, and a local Administration. radiological, or nuclear agents without government. A summary of the [FR Doc. 2011–15842 Filed 6–23–11; 8:45 am] informed consent in specified comments received, grouped by subject BILLING CODE 3510–33–P circumstances. The IFR amended 21 matter follows. CFR 50.23, to add paragraph (e). The A. General Comments rule was issued under the authority set DEPARTMENT OF HEALTH AND forth in section 520(g)(3)(D) of the (Comment 1) Three comments HUMAN SERVICES Federal Food, Drug, and Cosmetic Act expressed support for the IFR, noting (the FD&C Act) (21 U.S.C. 360j(g)(3)(D)). that the rule is needed and greatly Food and Drug Administration FDA gave interested parties 60 days to improves the ability of public health comment on the IFR. FDA is publishing laboratories to respond to a public 21 CFR Part 50 this final rule that incorporates one health emergency. In contrast, six change in response to comments that comments expressed general concern [Docket No. FDA–2003–N–0212; (formerly the rule did not protect against misuse that the rule presents too much risk to Docket No. 2003N–0355)] of the exception. This change is the consumer. Some comments raised Medical Devices; Exception From described in section II of this document. issues that are beyond the scope of this rulemaking. For example, one of these General Requirements for Informed B. Legal Authority Consent comments suggested that informed This regulation is being issued under consent documents have a line AGENCY: Food and Drug Administration, the statutory authority provided in addressing in vitro diagnostic testing; HHS. section 520(g)(3)(D) of the FD&C Act, another encouraged the production of ACTION: Final rule. which outlines the criteria under which templates to easily provide the detailed an exemption from informed consent information required to be included in SUMMARY: The Food and Drug may be permissible. Under section the reports. Administration (FDA) is issuing a final 520(g)(3)(D) of the FD&C Act, informed (Response) FDA agrees with the regulation to confirm, with one change, consent is required unless the comments recognizing that the rule will the interim final rule (IFR) entitled investigator determines the following in enable better response in public health ‘‘Medical Devices; Exception From writing: (1) There exists a life emergencies. FDA also shares the

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general concerns related to ensuring trials without informed consent is not a the time the specimen is collected, that human subject protections. To that end, trivial matter and should be made by an investigational device may need to be the Agency has ensured that the rule qualified individuals. The FD&C Act used in the future, usually by reference confers several layers of human subject allows for carefully considered laboratories far from where the protection, including IRB review, exceptions to the general requirements specimen was collected. Because of the review and evaluation of the for informed consent in emergency geographic and temporal separation determinations made by the investigator circumstances. The requirements between specimen collection and testing by an independent physician, and described in this rule follow section for a life-threatening agent, to obtain disclosure of the investigational status 520(g)(3)(D) of the FD&C Act. This rule informed consent would require a of device to the subject’s health care is to be used during emergencies and, number of steps and introduce provider. FDA believes the rule balances among other requirements, only when unacceptable delays, independent of the need to ensure human subjects are there are no cleared or approved whether the patient is physically able to protected with the need to act quickly available alternative methods of provide informed consent. during a public health emergency and diagnosis to identify the chemical, avoid potentially dangerous delays in biological, radiological, or nuclear agent B. Notification Obligations using investigational devices to identify that provides an equal or greater (Comment 6) One comment stated chemical, biological, radiological, or likelihood of saving the life of the that the notification obligations of the nuclear agents in human specimens. subject. investigator described in the IFR are too (Comment 2) Two comments noted In general, the rule assures that the complex, stating it should be sufficient that the IFR has no provisions to determinations designed to safeguard to have a certification by the laboratory prevent abuse. the subject are made by two different director declaring that the (Response) FDA disagrees that the and independent persons, i.e., the investigational test was performed in rule has no provisions to prevent abuse. investigator and the independent accordance with the rule and to send to The rule requires that the investigator physician, and that the use is then the subject a copy of the notice sent to and an independent physician each reviewed by the IRB. In the final rule, the IRB. The comment also noted that make specific determinations and that FDA is adding another level of oversight the concurrence of an independent an IRB review these determinations. The by requiring that investigators submit to physician adds no value. determinations that the investigator and FDA the same documentation they are (Response) The Agency believes that independent physician must make required to submit to the IRB. FDA the notification obligations of the require careful consideration related to notes that this rule is intended for use investigator described in this rule, the use of the device and are intended in situations where public health which are similar to the obligations to prevent abuse. However, FDA does laboratories must employ described in other exceptions from the agree that the IFR could have included investigational in vitro diagnostic general requirements of informed an additional measure to prevent abuse devices to diagnose patients when there consent under 21 CFR 50.23, are needed of the exception; specifically, the IFR are no approved or cleared diagnostic because they are intended to provide could have required that an devices available that provide an equal added human subject protections and to investigator’s documentation be or greater likelihood of saving patients’ prevent abuses. Moreover, concurrence submitted to the Agency, not just to the lives. reviewing IRB. Although FDA relies on (Comment 4) Some comments of an independent physician is IRBs to adequately monitor the contended that the rule will allow the mandated by section 520(g)(3)(D) of the procedures set forth by the rule, the use of experimental tests, which have an FD&C Act. Agency recognizes that the IFR did not unknown rate of inaccurate test results. C. Notification of Public Health provide a mechanism for FDA to track (Response) FDA agrees that Authorities the use of this exception from the investigational in vitro diagnostic general requirements for informed devices do not yet have established (Comment 7) One comment requested consent. Therefore, FDA is adding a performance characteristics and, the inclusion of explicit language in the requirement that the investigator submit therefore, their accuracy is unknown rule directing the investigator to notify to FDA the documentation required in until data collected during the or report positive results to public 21 CFR 50.23(e)(1) or (e)(2) within 5 investigation demonstrates the device’s health authorities when appropriate or working days after the use of the device, performance. FDA believes that when required by State or Federal law. in addition to submitting this an investigational in vitro diagnostic (Response) FDA agrees that it is information to the IRB within the same device is needed to identify a chemical, important to report the detection of timeframe. biological, radiological, or nuclear agent biologic, chemical, nuclear, or (Comment 3) One comment expressed and no cleared or approved alternative radiological agents to public health concern that the only oversight over the method of diagnosis is available that authorities and encourages this practice. determinations made by the investigator provides an equal or greater likelihood FDA expects this reporting to occur and the independent physician on of saving the life of the subject, the when appropriate or when required behalf of the subject is that of the IRB benefits of the investigational in vitro under Federal or State law. and it will take 5 days. The comment diagnostic device outweigh the risks. D. Interpretation of the Term claimed that consumers do not have The rule creates an exception to the ‘‘Investigator’’ confidence in IRB oversight and general requirement for informed recommended the development of an consent under these circumstances. (Comment 8) One comment asked open and clear process for choosing (Comment 5) One comment stated whether the term ‘‘investigator’’ can be qualified individuals to be granted the that if the patient is awake there is no interpreted to mean the single entity extraordinary emergency power to justification for not obtaining informed that deploys the investigational device, waive informed consent, with consent. in which case it would be possible to opportunity for public comment. (Response) The rule contemplates the use a centralized IRB and have the (Response) The Agency agrees that the scenario when the person directing the deploying entity be responsible for the decision to enter subjects in clinical specimen collection does not know, at reporting requirements.

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(Response) For purposes of this entitled to withdraw previously guidance regarding this issue regulation, the Agency interprets the collected data from the research simultaneously with the publication of term ‘‘investigator’’ to mean the database * * *’’ (71 FR 32827 at 32830), the IFR, on June 7, 2006. This guidance individual who actually conducts a be eliminated because it sets a can be found at http://www.hhs.gov/ clinical investigation, i.e., under whose dangerous precedent by allowing ohrp/policy/invitrodev.html. Those immediate direction the test article is government research to take priority interested in seeking additional administered or dispensed or used in over personal privacy. information concerning the application the diagnosis or treatment of a subject. (Response) FDA does not agree to of the regulations at 45 CFR part 46 In the event of an investigation eliminate the referenced statement. should contact OHRP. We note that conducted by a team of individuals, we While a subject may withdraw from a research conducted or supported by use the term ‘‘investigator’’ to mean the study, FDA reiterates that the another Department or Agency may be responsible leader of that team. (See 21 withdrawal does not extend to the data subject to other laws and regulations. CFR 50.3(d)). For purposes of this rule, already obtained during the time the Sponsors should check to see if they are we anticipate that the investigator will subject was enrolled. FDA’s complying with all applicable generally be the director of the clinical longstanding position has been that all requirements. data collected up to the point of laboratory using the investigational V. Analysis of Economic Impacts device. This interpretation does not withdrawal is to be maintained in the preclude local IRBs from deferring their database and included in subsequent FDA has examined the impacts of the review to a centralized IRB, provided analyses, as appropriate, in order for the final rule under Executive Order 12866 that the IRB meets the requirements of study to be scientifically valid.1 If a and the Regulatory Flexibility Act (5 21 CFR part 56. subject withdraws from a study, U.S.C. 601–612), and the Unfunded removal of already collected data would Mandates Reform Act of 1995 (Pub. L. E. Written Certification Timing undermine the scientific, and therefore 104–4). Executive Order 12866 directs (Comment 9) One comment requested the ethical, integrity of the research. Agencies to assess all costs and benefits that FDA consider extending the of available regulatory alternatives and, IV. Applicability of 45 CFR Part 46 and when regulation is necessary, to select number of days allowed for submitting Other Legal Requirements the written certification for the regulatory approaches that maximize exception. (Under the rule the As described in the IFR, some of the net benefits (including potential investigator has 5 working days after the activities described in this rule may also economic, environmental, public health use of the investigational device to constitute non-exempt human subjects and safety, and other advantages; submit the investigator’s determinations research within the meaning of 45 CFR distributive impacts; and equity). The and those of the independent physician part 46, according to the Office for Agency believes that this final rule is to the IRB.) Human Research Protection (OHRP) in not a significant regulatory action under (Response) FDA disagrees with this the Department of Health and Human the Executive order. comment. The requirement that the Services (HHS). In particular, the use of The Regulatory Flexibility Act investigator’s determinations and those the investigational in vitro diagnostic requires Agencies to analyze regulatory of the independent physician be device on individually identifiable options that would minimize any submitted to the IRB within 5 working human specimens as described in this significant impact of a rule on small days, which is similar to the obligations rule would not be human subjects entities. Because this action provides an described in other exceptions from the research under 45 CFR part 46, while exception from an otherwise applicable general requirements of informed the analysis of the individually requirement for investigators, FDA consent under 21 CFR 50.23, are identifiable data obtained from the use believes that it does not impose a intended to assure prompt action by the of the investigational device to significant burden. The Agency certifies IRB, as needed. determine the safety and effectiveness of that the final rule will not have a the device would be considered human significant economic impact on a F. Other Public Health Emergency subject research under 45 CFR part 46. substantial number of small entities. (Comment 10) Two comments If the analysis of individually Section 202(a) of the Unfunded contended that the term ‘‘other public identifiable data involves non-exempt Mandates Reform Act of 1995 requires health emergency’’ is vague and should human subjects research that is that Agencies prepare a written be removed or should be revised to conducted or supported by HHS, the statement, which includes an specify in exact terms what constitutes institution conducting the analysis must assessment of anticipated costs and a public health emergency worthy of obtain an OHRP-approved assurance. In benefits, before proposing ‘‘any rule that this extraordinary exception from addition, this means that this research includes any Federal mandate that may informed consent. activity, if not exempt, i.e., the analysis result in the expenditure by State, local, (Response) For purposes of this rule, of the individually identifiable data, and tribal governments, in the aggregate, the term ‘‘other public health must be reviewed prospectively by an or by the private sector, of $100,000,000 emergency’’ means serious domestic IRB and must be conducted with the or more (adjusted annually for inflation) emergencies that have the potential to informed consent of the subjects unless in any one year.’’ The current threshold significantly impact public health such waived. OHRP expects that IRBs will after adjustment for inflation is $135 as those caused by deadly weather often find that informed consent may be million, using the most current (2009) disasters or by widespread infectious waived under 45 CFR 46.116(d) for the Implicit Price Deflator for the Gross disease such as pandemic influenza. analysis of the individually identifiable Domestic Product. FDA does not expect data obtained through the use of the this final rule to result in any 1-year G. Withdrawal of Previously Collected investigational device. OHRP issued expenditure that would meet or exceed Data this amount. (Comment 11) One comment 1 See ‘‘Guidance for Sponsors, Clinical requested that the following preamble Investigators, and IRBs—Data Retention When VI. Federalism Subjects Withdraw from FDA–Regulated Clinical statement, ‘‘subjects or their legally Trials,’’ found at http://www.fda.gov/downloads/ FDA has analyzed this final rule in authorized representatives will not be RegulatoryInformation/Guidances/UCM126489.pdf. accordance with the principles set forth

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in Executive Order 13132. Section 4(a) recordkeeping burden. Included in the determination of the independent of the Executive order requires Agencies estimate is the time for reviewing licensed physician in advance of using to ‘‘construe * * * a Federal statute to instructions, searching existing data the investigational device, 21 CFR preempt State law only where the sources, gathering and maintaining the 50.23(e)(2) provides that the statute contains an express preemption data needed, and completing and determination must be made within 5 provision or there is some other clear reviewing each collection of working days of use of the device. In evidence that the Congress intended information. either case, the certifications are preemption of State law, or where the Title: Medical Devices; Exception submitted to the IRB within 5 working exercise of State or authority conflicts From General Requirements for days after the use of the device (21 CFR with the exercise of Federal authority Informed Consent. 50.23(e)(3)). under the Federal statute.’’ Federal law Description: The final rule amends The information collection includes an express preemption FDA’s informed consent regulation to requirements in 21 CFR 50.23(e)(1), provision that preempts certain state provide an exception from the general (e)(2), and (e)(4) in the IFR have been requirements ‘‘different from or in requirement to obtain informed consent approved under OMB control number addition to’’ certain federal from the subject of an investigation 0910–0586. The information collection involving an unapproved or uncleared requirements applicable to devices. 21 requirement in 21 CFR 50.23(e)(3) in vitro diagnostic device intended to U.S.C. 360k; see Medtronic v. Lohr, 518 (submitting the certifications to the IRB) identify a chemical, biological, U.S. 470 (1996); Riegel v. Medtronic, was considered part of the burden for 21 radiological, or nuclear agent. For the 128 S. Ct. 999 (2008). This final rule CFR 50.23(e)(1) and (e)(2). creates requirements for specific exception to apply, it is necessary for This final rule makes one change to medical devices under 21 U.S.C. 360k. the investigator and an independent the regulatory requirements established Papike v. Tambrands, Inc., 107 F.3d licensed physician to make the by the IFR. This change requires the 737, 740–42 (9th Cir. 1997). determination and certify in writing certain facts concerning the need for use investigator to submit the VII. The Paperwork Reduction Act of of the investigational in vitro diagnostic documentation required in 21 CFR 1995 device without informed consent (21 50.23(e)(1) and (e)(2) to FDA, in This final rule contains information CFR 50.23(e)(1)). When reporting the addition to the reviewing IRB. The collection provisions that are subject to test results to the subject’s health care documentation the investigator must review by the Office of Management and provider and, possibly, to the submit to FDA is identical to the Budget (OMB) under the Paperwork appropriate public health authorities, documentation the investigator must Reduction Act of 1995 (44 U.S.C. 3501– the investigator must disclose the submit to the IRB. 3520). The title, description, and investigational status of the in vitro Description of Respondents: Clinical respondent description of the diagnostic device (21 CFR 50.23(e)(4)). If laboratory directors, physicians who are information collection provisions are use of the device is necessary to investigators. shown in the following paragraphs with preserve the life of the subject and there FDA estimates the burden of the an estimate of the annual reporting and is not sufficient time to obtain the collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Average Number of Number of re- Total annual burden per Total operating 21 CFR Part respondents sponses per responses response Total hours & maintenance respondent (in hours) costs

50.23(e)(3) ...... 150 3 450 15/60 113 $100 1 There are no capital costs associated with this collection of information.

From its knowledge of in vitro information in this final rule has been VIII. Analysis of Environmental Impact diagnostic device investigations, FDA submitted to OMB for review. The new estimates that there are approximately information has been submitted as a The Agency has determined under 21 150 laboratory directors or physicians revision to the previously approved CFR 25.30(h) that this action is of a type who could perform this type of testing collection OMB control number 0910– that does not individually or and, as investigators, are required to 0586. cumulatively have a significant effect on comply with information collection and the human environment. Therefore, This final rule also refers to recordkeeping. FDA estimates that there neither an environmental assessment previously approved collections of are approximately 450 naturally nor an environmental impact statement information found in FDA regulations. occurring cases of this type each year. is required. These collections of information are Based on its knowledge of similar types List of Subjects in 21 CFR Part 50 of submissions, FDA estimates that it subject to review by OMB under the Paperwork Reduction Act of 1995. The will take about .25 hour or 15 minutes Human research subjects, Prisoners, collections of information in 21 CFR to prepare each written documentation Reporting and recordkeeping 56.115 have been approved under OMB to be submitted to FDA as required by requirements, Safety. 21 CFR 50.23(e)(3). The estimated 112.5 control number 0910–0130; and the total hours was calculated by collections of information in 21 CFR Accordingly, the interim final rule multiplying the estimated total annual 50.23(e)(1), (e)(2), and (e)(4) have been amending 21 CFR part 50 which was response by the hours per response. approved under OMB control number published at 71 FR 32827 on June 7, 0910–0586. 2006, is adopted as a final rule with the In compliance with the Paperwork following change: Reduction Act of 1995, the collection of

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PART 50—PROTECTION OF HUMAN codified regulations for part 882 (21 Dated: June 17, 2011. SUBJECTS CFR part 882). In the Federal Register Leslie Kux, of November 24, 2004 (69 FR 68612), Acting Assistant Commissioner for Policy. ■ 1. The authority citation for 21 CFR FDA published a final rule regarding [FR Doc. 2011–15817 Filed 6–23–11; 8:45 am] part 50 continues to read as follows: current good tissue practice for BILLING CODE 4160–01–P Authority: 21 U.S.C. 321, 343, 346, 346a, establishments that manufacture human 348, 350a, 350b, 352, 353, 355, 360, 360c– cell, tissue, and cellular and tissue- 360f, 360h–360j, 371, 379e, 381; 42 U.S.C. based products (HCT/Ps). That rule DEPARTMENT OF THE TREASURY 216, 241, 262, 263b–263n. became effective on May 25, 2005. Prior ■ 2. Revise § 50.23(e)(3) to read as to the effective date of the final rule, Internal Revenue Service follows: human dura mater was regulated as a medical device under § 882.5975. As 26 CFR Part 1 § 50.23 Exception from general requirements. stated in the final rule, human dura mater is now defined under 21 CFR [TD 9530] * * * * * 1271.3(d) as a HCT/P. As such, it is RIN 1545–BH56 (e) * * * regulated under section 361 of the (3) The investigator must submit the Public Health Service Act (42 U.S.C. Guidance Under Section 956 for written certification of the Determining the Basis of Property determinations made by the investigator 264) and the requirements of 21 CFR part 1271, including requirements Acquired in Certain Nonrecognition and an independent physician required Transactions in paragraph (e)(1) or (e)(2) of this related to registration and listing, donor section to the IRB and FDA within 5 eligibility determinations, and current AGENCY: Internal Revenue Service (IRS), working days after the use of the device. good tissue practice. Accordingly, the Treasury. device classification contained in * * * * * ACTION: Final and temporary § 882.5975 is only applicable for human regulations. Dated: June 17, 2011. dura mater recovered prior to the Leslie Kux, effective date of the final rule, May 25, SUMMARY: This document contains final Acting Assistant Commissioner for Policy. 2005. The final rule omitted a and temporary regulations under section [FR Doc. 2011–15816 Filed 6–23–11; 8:45 am] corresponding annotation to § 882.5975 956 of the Internal Revenue Code (Code) BILLING CODE 4160–01–P to clarify that the device classification is regarding the determination of basis in only applicable for human dura mater certain United States property acquired recovered prior to the effective date of by a controlled foreign corporation in DEPARTMENT OF HEALTH AND the final rule. This document clarifies certain nonrecognition transactions that HUMAN SERVICES the regulatory authority for human dura are intended to repatriate earnings and mater. Publication of this document profits of the controlled foreign Food and Drug Administration constitutes final action under the corporation without U.S. income Administrative Procedure Act (5 U.S.C. taxation. The regulations affect United 21 CFR Part 882 553). FDA has determined that notice States shareholders of a controlled [Docket No. FDA–1997–N–0040] (formerly and public comment are unnecessary foreign corporation that acquires United Docket No. 1997N–0484P) because this amendment is States property in certain nonsubstantive. nonrecognition transactions. Medical Devices; Neurological DATES: Effective Date: These regulations Devices; Clarification of Classification List of Subjects in 21 CFR Part 882 are effective on June 24, 2011. for Human Dura Mater; Technical Applicability Date: For dates of Amendment Medical devices, Neurological devices. applicability, see § 1.956–1(e)(6)(vii). AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: HHS. Therefore, under the Federal Food, Drug, and Cosmetic Act and under Kristine A. Crabtree at (202) 622–3840 ACTION: (not a toll-free number). Final rule; technical authority delegated to the Commissioner amendment. of Food and Drugs, 21 CFR part 882 is SUPPLEMENTARY INFORMATION: SUMMARY: The Food and Drug amended as follows: Background and Explanation of Administration (FDA) is amending the Provisions PART 882—NEUROLOGICAL DEVICES device regulations to clarify the On June 24, 2008, the IRS published applicability of the device classification final and temporary regulations under for human dura mater. This action is ■ 1. The authority citation for 21 CFR part 882 continues to read as follows: section 956 (TD 9402) in the Federal being taken to improve the accuracy of Register (73 FR 35580). On the same the regulations. Authority: 21 U.S.C. 351, 360, 360c, 360e, date, the IRS published a notice of DATES: This final rule is effective June 360j, 371. proposed rulemaking (REG–102122–08) 24, 2011. (the proposed regulations) in the FOR FURTHER INFORMATION CONTACT: ■ 2. Section 882.5975 is amended by Federal Register (73 FR 35606) cross- Melissa Reisman, Center for Biologics adding paragraph (c) to read as follows: referencing the temporary regulations. Evaluation and Research (HFM–17), § 882.5975 Human dura mater. The temporary and proposed Food and Drug Administration, 1401 regulations provided guidance regarding Rockville Pike, suite 200N, Rockville, * * * * * the determination of basis in certain MD 20852–1448, 301–827–6210. (c) Scope. The classification set forth United States property (as defined in SUPPLEMENTARY INFORMATION: FDA is in this section is only applicable to section 956(c)) acquired by a controlled clarifying the regulatory authority for human dura mater recovered prior to foreign corporation (as defined in human dura mater in the Agency’s May 25, 2005. section 957(a)) in certain nonrecognition

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transactions that are intended to chapter 6) does not apply. Pursuant to under these regulations, is transferred repatriate earnings and profits of the section 7805(f) of the Code, these (in one or more subsequent exchanges) controlled foreign corporation without regulations have been submitted to the to a related person (within the meaning an income inclusion by its United States Chief Counsel for Advocacy of the Small of section 954(d)(3)), pursuant to one or shareholders under section 951(a)(1)(B). Business Administration for comment more exchanges in which the related The purpose of these regulations is to on its impact on small business. person’s adjusted basis in such property prevent a United States shareholder of is determined, in whole or in part, by a controlled foreign corporation from Drafting Information reference to the transferor controlled avoiding an income inclusion under The principal author of these foreign corporation’s adjusted basis in section 951(a)(1)(B) where the regulations is Kristine A. Crabtree, such property. controlled foreign corporation acquires Office of Associate Chief Counsel (ii) Definition of specified United United States property in an exchange (International). However, other States property. For purposes of this to which these regulations apply and personnel from the IRS and the Treasury paragraph (e)(6), specified United States claims a basis in the United States Department participated in their property is stock of a domestic property that is less than the amount of development. corporation described in section earnings and profits repatriated. No 956(c)(1)(B) or an obligation of a List of Subjects in 26 CFR Part 1 comments in response to the proposed domestic corporation described in regulations were received and no public Income taxes, Reporting and section 956(c)(1)(C) that is acquired by hearing was requested or held. This recordkeeping requirements. a controlled foreign corporation from the domestic issuing corporation. Treasury decision adopts the proposed Adoption of Amendments to the Specified United States property does regulations with minor changes, Regulations described below, as final regulations not include property described in and removes the corresponding Accordingly, 26 CFR part 1 is section 956(c)(2). temporary regulations. amended as follows: (iii) Adjusted basis of specified United Language was added to § 1.956– States property. Solely for purposes of 1(e)(6)(iii) to clarify the effect of the PART 1—INCOME TAXES applying section 956, the adjusted basis of specified United States property assumption of a liability by a controlled ■ Paragraph 1. The authority citation acquired by a controlled foreign foreign corporation in connection with for part 1 is amended by adding entries corporation in connection with an an exchange to which § 1.956–1(e)(6) in numerical order to read in part as applies. The final regulations also exchange to which this paragraph (e)(6) follows: modify § 1.956–1(e)(6)(v) to address the applies shall be no less than the fair situation in which the controlled foreign Authority: 26 U.S.C. 7805 * * * market value of any property transferred corporation exchanges specified United Section 1.956–1(e)(6) also issued under 26 by the controlled foreign corporation in States property the adjusted basis in U.S.C. 367(b) and 956(e). exchange for such specified United which has been determined under ■ Par. 2. Section 1.956–1 is amended by States property. For purposes of this § 1.956–1(e)(6) for other United States revising the last sentence of paragraph paragraph (e)(6), the term property has property, by providing that for purposes (e)(1), revising paragraphs (e)(5) and the meaning set forth in section 317(a), of applying section 956 the controlled (e)(6), and removing paragraph (f). but also includes any liability that is foreign corporation’s adjusted basis in The revisions read as follows: assumed by the controlled foreign the other United States property is no corporation in connection with the less than its adjusted basis in the § 1.956–1 Shareholder’s pro rata share of exchange notwithstanding the specified United States property as a controlled foreign corporation’s increase application of section 357(a). The in earnings invested in United States assumption of a liability by the determined under § 1.956–1(e)(6)(iii). A property. cross-reference to the anti-abuse rule of controlled foreign corporation in § 1.956–1T(b)(4) was also added to * * * * * connection with the exchange will be § 1.956–1(e)(6)(vi), Example 3. (e) * * * considered the transfer of property. The (1) * * * See § 1.956–1(e)(6) for a fair market value of such property will Effective/Applicability Dates special rule for determining amounts be the amount of the liability assumed. These final regulations apply to attributable to United States property The fair market value of any property property acquired in exchanges acquired as the result of certain transferred by the controlled foreign occurring on or after June 24, 2011. For nonrecognition transactions. corporation in exchange for the transactions that occur prior to June 24, * * * * * specified United States property shall be 2011, see § 1.956–1T(e)(6) as contained (5) [Reserved]. For further guidance, determined at the time of the exchange. in 26 CFR Part 1 revised as of April 1, see § 1.956–1T(e)(5). (iv) Timing. For purposes of § 1.956– 2011. (6) Adjusted basis of property 2(d)(1)(i)(a), a controlled foreign acquired in certain nonrecognition corporation that acquires specified Special Analyses transactions—(i) Scope. This paragraph United States property in an exchange It has been determined that this (e)(6) provides rules for determining, to which this paragraph (e)(6) applies Treasury decision is not a significant solely for purposes of applying section acquires an adjusted basis in such regulatory action as defined in 956, the adjusted basis of specified property at the time of the controlled Executive Order 12866; therefore, a United States property acquired by a foreign corporation’s exchange of regulatory assessment is not required. It controlled foreign corporation pursuant property for such specified United also has been determined that section to an exchange in which the controlled States property. 553(b) of the Administrative Procedure foreign corporation’s basis in such (v) Transfers to related persons. If a Act (5 U.S.C. chapter 5) does not apply specified United States property is controlled foreign corporation transfers to these regulations, and because the determined under section 362(a). This specified United States property, the regulations do not impose a collection paragraph (e)(6) also applies if specified adjusted basis in which has been of information on small entities, the United States property, the adjusted determined under this paragraph (e)(6), Regulatory Flexibility Act (5 U.S.C. basis in which has been determined to a related person (within the meaning

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of section 954(d)(3)) (related person exchanged by CFC for the US2 stock (the property is determined by reference, in transferee) in one or more exchanges $10x of CFC stock issued in the exchange whole or in part, to CFC2’s adjusted basis in pursuant to which the related person does not constitute property for purposes of such property. See also § 1.956–1T(b)(4) if transferee’s adjusted basis in such paragraph (e)(6)(iii) of this section). Pursuant one of the principal purposes of CFC1’s to paragraph (e)(6)(iv) of this section, for transfer of property to CFC2 was the specified United States property is purposes of § 1.956–2(d)(1)(i)(a) CFC shall be avoidance of the application of section 956 determined, in whole or in part, by treated as acquiring its adjusted basis of no with respect to CFC1. reference to the controlled foreign less than $90x in the US2 stock at the time corporation’s adjusted basis in such of its transfer of property to US2 in exchange (vii) Effective/applicability dates. This specified United States property, then, for the US2 stock. The result would be the paragraph (e)(6) applies to property solely for purposes of applying section same if, instead of CFC transferring $90x of acquired in exchanges occurring on or 956 following such exchange, the cash to US2 in the exchange, CFC assumes after June 24, 2011. For transactions that controlled foreign corporation’s a $90x liability of US2. occur prior to June 24, 2011, see Example 2. (i) Facts. USP, a domestic adjusted basis in any United States § 1.956–1T(e)(6) as contained in 26 CFR corporation, owns 100 percent of the stock of Part 1 revised as of April 1, 2011. property received in the exchange (or USS, a domestic corporation. USP also owns exchanges) shall be no less than the 100 percent of the stock of CFC, a controlled ■ Par. 3. Section 1.956–1T is amended aggregate adjusted basis of the specified foreign corporation. USP’s adjusted basis in by removing paragraph (e)(6) and United States property as determined its USS stock equals the fair market value of revising paragraph (f) to read as follows: under paragraph (e)(6)(iii) of this the USS stock, or $100x. USP transfers its section, and the related person USS stock to CFC in exchange for $100x of § 1.956–1T Shareholder’s pro rata share of transferee’s adjusted basis in such CFC stock. USP’s transfer of its USS stock to a controlled foreign corporation’s increase CFC is described in section 351, USP specified United States property shall be in earnings invested in United States recognizes no gain in the exchange under property (temporary). no less than the adjusted basis of such section 351(a), and CFC’s adjusted basis in specified United States property in the the USS stock acquired in the exchange, * * * * * hands of the controlled foreign determined under section 362(a), equals (f) Effective/applicability date. corporation as determined under $100x. Paragraph (e)(5) of this section applies paragraph (e)(6)(iii) of this section. This (ii) Analysis. The USS stock acquired by to investments made on or after June 14, paragraph (e)(6)(v) shall also apply in CFC in the exchange does not constitute 1988. specified United States property under the case of one or more successive Steven T. Miller, transfers of the specified United States paragraph (e)(6)(ii) of this section because CFC acquires the USS stock from USP. Deputy Commissioner for Services and property by a related person transferee Therefore, CFC’s adjusted basis in the USS Enforcement. to one or more persons related to the stock, for purposes of section 956, is not Approved: June 11, 2011. controlled foreign corporation (within determined under this paragraph (e)(6). Emily S. Mahon, the meaning of section 954(d)(3)). This Instead, CFC’s adjusted basis in the USS paragraph (e)(6)(v) shall apply stock is determined under the general rule of Acting Assistant Secretary of the Treasury (Tax Policy). regardless of whether a subsequent section 956(a) and under paragraphs (e)(1) transfer was part of a plan (or series of through (4) of this section. As determined [FR Doc. 2011–15741 Filed 6–23–11; 8:45 am] related transactions) that includes the under section 362(a), CFC’s adjusted basis in BILLING CODE 4830–01–P controlled foreign corporation’s the USS stock is $100x. Example 3. (i) Facts. USP, a domestic acquisition of the specified United corporation, owns 100 percent of the stock of DEPARTMENT OF THE TREASURY States property. CFC1, a controlled foreign corporation. CFC1 (vi) Examples. The rules of this holds specified United States property Internal Revenue Service paragraph (e)(6) are illustrated by the (within the meaning of paragraph (e)(6)(ii) of following examples: this section) with an adjusted basis of $30x 26 CFR Part 1 Example 1. (i) Facts. USP, a domestic for purposes of applying section 956 that was corporation, is the common parent of an determined under paragraph (e)(6)(iii) of this [TD 9529] affiliated group that joins in the filing of a section. CFC1 owns 100 percent of the stock consolidated return. USP owns 100 percent of CFC2, a controlled foreign corporation. RIN 1545–BK01 of the stock of US1 and US2, both domestic CFC1 transfers the specified United States corporations and members of the USP property to CFC2 in an exchange described Requirements for Taxpayers Filing consolidated group. US1 owns 100 percent of in section 351. CFC2’s adjusted basis in the Form 5472; Correction the stock of CFC, a controlled foreign specified United States property is corporation. US2 issues $100x of its stock to determined under section 362(a). AGENCY: Internal Revenue Service (IRS), CFC in exchange for $10x of CFC stock and (ii) Analysis. In the section 351 exchange, Treasury. $90x cash. US2’s transfer of its stock to CFC CFC1 transferred specified United States ACTION: Correcting amendment. is described in section 351, US2 recognizes property to CFC2 with an adjusted basis that no gain in the exchange under section was determined under paragraph (e)(6)(iii) of SUMMARY: This document contains 1032(a), and CFC’s basis in the US2 stock this section. Further, CFC2’s adjusted basis in correcting amendments to temporary the specified United States property is acquired in the exchange is determined regulations (TD 9529) that were under section 362(a). determined under section 362(a) by (ii) Analysis. The US2 stock acquired by reference, in whole or in part, to CFC1’s published in the Federal Register on CFC in the exchange constitutes specified adjusted basis in such property. Therefore, Friday, June 10, 2011 (76 FR 33997) United States property under paragraph for purposes of applying section 956, removing the duplicate filing (e)(6)(ii) of this section because CFC acquires pursuant to paragraph (e)(6)(v) of this section requirement for Form 5472, the US2 stock from US2, the issuing CFC2’s adjusted basis in the specified United ‘‘Information Return of a 25% Foreign- corporation. Therefore, because CFC’s States property shall be no less than $30x. Owned U.S. corporation or a Foreign adjusted basis in the US2 stock is determined Paragraph (e)(6)(v) of this section would also Corporation Engaged in a U.S. Trade or under section 362(a), then for purposes of apply if CFC2 subsequently transfers the Business.’’ applying section 956, CFC’s adjusted basis in specified United States property to another the US2 stock shall, under paragraph person related to CFC1 (within the meaning DATES: This correction is effective on (e)(6)(iii) of this section, be no less than $90x, of section 954(d)(3)) if such related person’s June 24, 2011, and is applicable on June the fair market value of the property adjusted basis in the specified United States 10, 2011.

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FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY 3. On page 33999, column 1, in the Gregory A. Spring, (202) 435–5265 (not preamble, under the paragraph heading a toll-free number). Internal Revenue Service ‘‘Drafting Information’’, sixth line of the paragraph, the language ‘‘Department SUPPLEMENTARY INFORMATION: 26 CFR Part 1 participated in its’’ is corrected to read Background [TD 9529] ‘‘Department participated in their’’. The temporary regulations that are the RIN 1545–BK01 LaNita Van Dyke, subject of this correction are under Chief, Publications and Regulations Branch, Requirements for Taxpayers Filing Legal Processing Division, Associate Chief section 6038A of the Internal Revenue Form 5472; Correction Counsel (Procedure and Administration). Code. [FR Doc. 2011–15946 Filed 6–23–11; 8:45 am] AGENCY: Internal Revenue Service (IRS), Need for Correction Treasury. BILLING CODE 4830–01–P As published, temporary regulations ACTION: Correction to temporary (TD 9529) contain errors that may prove regulations. DEPARTMENT OF THE TREASURY to be misleading and are in need of SUMMARY: This document contains Internal Revenue Service clarification. corrections to temporary regulations (TD List of Subjects in 26 CFR Part 1 9529) that were published in the 26 CFR Parts 1 and 54 Federal Register on Friday, June 10, Income taxes, Reporting and 2011 (76 FR 33997) removing the [TD 9531] recordkeeping requirements. duplicate filing requirement for Form 5472, ‘‘Information Return of a 25% RIN 1545–BH88 Correction of Publication Foreign-Owned U.S. corporation or a Extension of Time for Filing Returns Accordingly, 26 CFR part 1 is Foreign Corporation Engaged in a U.S. Trade or Business.’’ corrected by making the following AGENCY: Internal Revenue Service (IRS), correcting amendments: DATES: This correction is effective on Treasury. June 24, 2011, and is applicable on June ACTION: Final and removal temporary PART 1—INCOME TAXES 10, 2011. regulations FOR FURTHER INFORMATION CONTACT: SUMMARY: This document contains final ■ Paragraph 1. The authority citation Gregory A. Spring, (202) 435–5265 (not regulations relating to the automatic for part 1 continues to read in part as a toll-free number). extensions of time to file returns for follows: SUPPLEMENTARY INFORMATION: partnership, trust, and estate taxpayers, Authority: 26 U.S.C. 7805 * * * Background and automatic extensions of time for The temporary regulations that are the filing returns for pension excise taxes. ■ Par. 2. Section 1.6038A–1T is subject of this correction are under The objective of these final regulations amended by adding paragraph (o) to section 6038A of the Internal Revenue is to reduce overall taxpayer burden by read as follows: Code. providing an extension period that strikes the most reasonable balance for § 1.6038A–1T General requirements and Need for Correction these pass-through entities and the large definitions (temporary). As published, temporary regulations number of taxpayers who require * * * * * (TD 9529) contain errors that may prove information from these entities for (o) Expiration date. The applicability to be misleading and are in need of completion of their income tax returns. of this section expires on June 10, 2014. clarification. DATES: Effective Date: These regulations * * * * * Correction of Publication are effective on June 24, 2011. Applicability Date: For dates of Accordingly, the publication of the ■ Par. 3. Section 1.6038A–2T is applicability of these regulations, see temporary regulations (TD 9529) which amended by adding paragraph (i) to read §§ 1.6081–2(h), 1.6081–6(g), and were the subject of FR Doc. 2011–14468 as follows: 54.6081–1(f). is corrected as follows: § 1.6038A–2T Requirement of return 1. On page 33998, column 3, in the FOR FURTHER INFORMATION CONTACT: (temporary). preamble, under the paragraph heading Jason Bremer, (202) 622–4910 (not a toll-free number). * * * * * ‘‘Special Analyses’’, the last paragraph of the column, first and second lines, SUPPLEMENTARY INFORMATION: (i) Expiration date. The applicability the language ‘‘It has been determined Background of this section expires on June 10, 2014. that this temporary regulation is not a * * * * * significant’’ is corrected to read ‘‘It has This document contains amendments been determined that these temporary to 26 CFR parts 1 and 54 under section LaNita Van Dyke, regulations are not a significant’’. 6081 of the Internal Revenue Code Chief, Publications and Regulations Branch, 2. On page 33999, column 1, in the (Code). On November 8, 2005, the Legal Processing Division, Associate Chief preamble, under the paragraph heading Treasury Department and the IRS Counsel (Procedure and Administration). ‘‘Special Analyses’’, the first paragraph published a notice of proposed [FR Doc. 2011–15943 Filed 6–23–11; 8:45 am] of the column, third and fourth lines, rulemaking (REG–144898–04) by cross- BILLING CODE 4830–01–P the language ‘‘section 7805(f) of the reference to temporary regulations (TD Code, this regulation has been 9229) in the Federal Register (70 FR submitted to the’’ is corrected to read 67356, 70 FR 67397) relating to the ‘‘section 7805(f) of the Code, these simplification of procedures for regulations have been submitted to the’’. obtaining automatic extensions of time

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to file certain returns. On July 1, 2008, certain pass-through entities a five- returns or increase the maximum the Treasury Department and the IRS month automatic extension of time to extension of time to file a tax return for published final and temporary file certain returns. The five-month pass-through entities, individuals, or regulations (TD 9407) in the Federal extension included in the 2008 final and corporations. Register (73 FR 37362) finalizing the temporary regulations for certain pass- Although the comments with regard rules simplifying the procedures for through entities responded to comments to shortening the automatic extension obtaining automatic extensions of time received on the 2005 temporary period for these pass-through entities to file certain returns. A notice of regulations. Commentators expressed varied as to time periods, the majority proposed rulemaking (REG–115457–08) concern that an automatic six-month of commentators agreed that a less than cross-referencing the temporary extension for pass-through entities six-month extension period for pass- regulations also was published in the would unduly burden individual and through entities would generally reduce Federal Register (73 FR 37389) on July corporate taxpayers with ownership overall taxpayer burden by allowing 1, 2008. The temporary and proposed interests in pass-through entities taxpayers with ownership interests in regulations reduced the automatic six- because individual and corporate pass-through entities to receive month extension of time to file taxpayers might not receive information information in a more timely fashion contained in the 2005 proposed returns from pass-through entities in vis-a`-vis preparation of their own regulations to five months for certain sufficient time to complete their income individual or corporate income tax pass-through entities (most tax returns in an accurate and timely returns. There was no clear consensus, partnerships, estates, and certain trusts). manner. however, regarding what the optimal As these pass-through entities were period of extension would be for previously allowed to obtain an Partnership, Trust, and Estate reducing taxpayer burden. automatic six-month extension of time Taxpayers The Treasury Department and the IRS to file certain returns, the Treasury Recognizing the inherent conflict considered several extension periods for Department and the IRS requested between providing sufficient time for pass-through entities, including a four- comments on whether, and how, a five- pass-through entities to prepare returns month and a five-month extension month extension of time to file for these and ensuring that the owners and period, when drafting the proposed and pass-through entities might increase or beneficiaries of pass-through entities temporary regulations. The Treasury reduce overall taxpayer burden. timely receive information returns Department and the IRS ultimately Approximately 70 comments were needed to file their own returns, the decided upon a five-month automatic received in response to the notice of 2008 proposed and temporary extension period for the proposed and proposed rulemaking. A public hearing regulations specifically requested temporary regulations. Many comments was held on January 13, 2009. Three comments on whether a shorter filing were received supporting the five- speakers appeared at the public hearing extension period for pass-through month extension period. Some and commented on the notice of entities might increase or reduce overall commentators noted, however, that the proposed rulemaking. taxpayer burden. The IRS received five-month extension period would not All comments were considered and approximately 70 comments, many of alleviate the burden on corporate are available for public inspection at which are summarized in this preamble. taxpayers with ownership interests in http://www.regulations.gov or upon Several commentators suggested that pass-through entities. These request. After consideration of the the Treasury Department and the IRS commentators expressed a concern that written comments and the comments should consider changing the filing and even a five-month extension period for provided at the public hearing, the extension due dates for individual and these entities would, in most cases, proposed regulations under section corporate tax returns rather than simply align the extended due date for 6081 are adopted as revised by this shortening the extension period for pass-through entities with the extended Treasury decision. The public pass-through entities. For example, due date for corporate returns, resulting comments, public hearing, and the some commentators suggested moving in the same delay of information to revisions are discussed in this preamble. the individual taxpayer return due date corporate owners of these entities. That to April 30th, or allowing individuals delay, the commentators contend, Explanation and Summary of and corporations a seven-month would greatly increase the need for Comments extension of time to file returns. Other filing amended returns. Commentators Prior to issuance of the 2005 commentators suggested moving up the suggested shortening the automatic temporary regulations, TD 9229, pass- filing date for partnership, trust, and extension for these entities to less than through entities were entitled to an estate taxpayers to March 15th, thereby five months. automatic three-month extension of allowing these entities a full six-month In opting for the five-month time to file certain returns by filing one extension of time to file until September extension, the Treasury Department and form, and could also request a 15th so that individual taxpayers with the IRS recognize that some discretionary additional three-month ownership interests in the entities corporations with ownership interests extension of time to file by filing a would receive information timely. in pass-through entities may continue to second form. TD 9229 provided These suggestions are not viable experience delayed receipt of temporary regulations that simplified options for a regulation project because information needed to complete their the extension process by allowing most the due dates for filing tax returns are own corporate returns. The Treasury taxpayers, including pass-through determined by statute. See, for example, Department and the IRS, however, entities, to obtain a six-month automatic sections 6012(a) and 6072. Further, continue to believe that a five-month extension of time to file by filing one section 6081 provides that, except in the extension period reduces the overall single form. In the 2008 final and case of taxpayers who are abroad, the burden on taxpayers and strikes the temporary regulations, TD 9407, the maximum extension of time to file a tax most reasonable balance for all affected Treasury Department and the IRS return cannot exceed six months. taxpayers. The five-month extension finalized rules granting an automatic Accordingly, without legislative action, period allows pass-through entities, six-month extension of time to file for the Treasury Department and the IRS including complex and tiered entities, non pass-through entities and granting cannot change the due date for filing tax an adequate time for preparation of the

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required pass-through returns and also extension of time to file, however, still Pension Excise Taxes ensures the timely and accurate presents the potential of shifting the These final regulations also adopt dissemination of information to a large burden to individuals who might not without modification the proposed number of taxpayers who require that receive timely information. In addition, amendments to 26 CFR part 54, which information for completion of their own the Treasury Department and the IRS allow filers of Form 8928, ‘‘Return of income tax returns. believe that the five-month automatic Certain Excise Taxes Under Chapter 43 Electing large partnerships required to filing extension period has generally of the Internal Revenue Code,’’ to obtain file Form 1065–B, ‘‘U.S. Return of been successful and continues to strike an automatic six-month extension of Income for Electing Large Partnerships,’’ the right balance in reducing overall time to file the return after the date for any taxable year will be allowed an taxpayer burden since the proposed and prescribed for filing the return. automatic six-month extension of time temporary regulations were adopted. to file the return, however, because Therefore, after thorough Special Analyses these pass-through entities are consideration of all the comments, the It has been determined that this statutorily required to furnish Schedules Treasury Department and the IRS Treasury Decision is not a significant K–1 by March 15, regardless of any determined that the five-month regulatory action as defined in extension of time to file the return. See extension period best reduces overall Executive Order 12866. Therefore, a section 6031(b). tax burden. Accordingly, these final regulatory assessment is not required. It Comments varied in response to the regulations provide that trusts will also has been determined that section five-month automatic filing extension continue to receive an automatic five 553(b) of the Administrative Procedure period provided for trust taxpayers. month extension of time to file as Act (5 U.S.C. chapter 5) does not apply Several commentators expressed provided in the proposed and temporary to these regulations. Although these support of the overall five-month regulations. final regulations reference forms that are extension to pass-through entities. Other Finally, a comment questioned approved under the Paperwork commentators suggested that trusts whether the five-month automatic Reduction Act (44 U.S.C. chapter 35), resemble an end taxpayer more than a extension of time to file estate or trust the regulations themselves do not pass-through entity, and in that respect income tax returns applies to impose a collection of information on are more akin to individuals than to individuals filing bankruptcy petitions small entities. Therefore, the Regulatory partnerships. These commentators under chapter 7 or 11 of title 11 of the Flexibility Act (5 U.S.C. chapter 6) does argued that trusts did not belong in the United States Code. The bankruptcy not apply. Pursuant to section 7805(f) of same class of entities as partnerships estate created when a petition is filed by the Internal Revenue Code, the notice of and estates for purposes of automatic an individual under either chapter 7 or proposed rulemaking preceding this filing extensions. Some commentators further expressed 11 is a separate taxable entity for title regulation was submitted to the Chief concern that Schedules K–1 would not 26 purposes. See 26 U.S.C. 1398. Counsel for Advocacy of the Small be received by trusts in a sufficiently Although fiduciaries of these individual Business Administration for comment timely fashion. For example, bankruptcy estates (trustees or debtors- on its impact on small businesses. in-possession) may be required to file commenters noted that trusts are often Drafting Information invested in partnerships, which are Forms 1041, the bankruptcy estates are The principal author of these often invested in other partnerships in not pass-through entities as described in regulations is Jason Bremer of the Office tiered structures, with each entity these regulations. Therefore, the five- of the Associate Chief Counsel relying on the next for information month automatic extension provided by (Procedure and Administration). before preparing their own statements. these regulations is inapplicable to These commenters feared that, due to bankruptcy estates of individuals under List of Subjects the compressed timeframe when Forms chapter 7 or 11 of title 11 of the 26 CFR Part 1 1065, ‘‘U.S. Return of Partnership Bankruptcy Code. Income,’’ will typically be prepared, Pass-through entities eligible to file Income taxes, Reporting and Schedules K–1 received by each bankruptcy petitions, such as recordkeeping requirements. partnerships, would be affected by these succeeding entity in the chain 26 CFR Part 54 ultimately will be received by trusts at regulations. A separate taxable entity is the very last minute, resulting in not created when a partnership files a Pension excise taxes, Reporting and inaccuracies and increased preparer bankruptcy case. See generally 26 U.S.C. recordkeeping requirements. burden. § 1399. The trustee or debtor-in- Adoption of Amendments to the Commentators also pointed out that possession of the bankrupt partnership Regulations the five-month extended deadline for files a Form 1065, not a Form 1041. Accordingly, 26 CFR parts 1 and 54 trusts would coincide with the extended Thus, the five-month automatic are amended as follows: due date for S Corporation tax returns. extension provided in these regulations Due to the fact that many trusts are would apply, as the filing of a PART 1—INCOME TAXES invested in S Corporations, these bankruptcy petition does not change the commentators viewed this as an information reporting requirements of ■ Paragraph 1. The authority citation increased burden on trusts and their pass-through entities, such as a for part 1 is amended by adding entries return preparers. partnership. in numerical order to read in part as The Treasury Department and the IRS Accordingly, after consideration of all follows: recognize that only allowing a five- comments and in order to best minimize Authority: 26 U.S.C. 7805 * * * month extension of time to file for trusts overall taxpayer burden, these final Section 1.6081–2 also issued under 26 may cause a hardship, as some trusts regulations provide for a five-month U.S.C. 6081. * * * may have less time to complete accurate automatic extension of time to file Section 1.6081–6 also issued under 26 income tax returns and to provide certain returns for partnerships, trusts, U.S.C. 6081. * * * timely information to the trust’s and estates other than certain ■ Par. 2. Section 1.6081–2 is added to beneficiaries. Providing a longer bankruptcy estates. read as follows:

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§ 1.6081–2 Automatic extension of time to partnership return of income under this (b) Requirements. To satisfy this file certain returns filed by partnerships. section does not extend the time for paragraph (b), an estate or trust must— (a) In general. (1) A partnership filing a partner’s income tax return or (1) Submit a complete application on required to file Form 1065, ‘‘U.S. the time for the payment of any tax due Form 7004, ‘‘Application for Automatic Partnership Return of Income,’’ or Form on a partner’s income tax return. Extension of Time to File Certain 8804, ‘‘Annual Return for Partnership (f) Termination of automatic Business Income Tax, Information, and Withholding Tax,’’ for any taxable year extension. The Commissioner may Other Returns,’’ or in any other manner will be allowed an automatic 5-month terminate an automatic extension at any prescribed by the Commissioner; extension of time to file the return after time by mailing to the partnership a (2) File the application on or before the date prescribed for filing the return notice of termination at least 10 days the date prescribed for filing the return if the partnership files an application prior to the termination date designated with the Internal Revenue Service office under this section in accordance with in such notice. The Commissioner must designated in the application’s paragraph (b) of this section. No mail the notice of termination to the instructions; and additional extension will be allowed address shown on the Form 7004 or to (3) Show the amount properly pursuant to § 1.6081–1(b) beyond the the partnership’s last known address. estimated as tax for the estate or trust for automatic 5-month extension provided For further guidance regarding the the taxable year. definition of last known address, see by this section. In the case of a (c) No extension of time for the § 301.6212–2 of this chapter. partnership described in § 1.6081– payment of tax. An automatic extension 5(a)(1), the automatic extension of time (g) Penalties. See section 6698 for failure to file a partnership return. of time for filing a return granted under to file allowed under this section runs paragraph (a) of this section will not concurrently with an extension of time (h) Effective/applicability dates. This section applies to applications for an extend the time for payment of any tax to file granted pursuant to § 1.6081–5. due on such return. (2) An electing large partnership (ELP) automatic extension of time to file the (d) Effect of extension on beneficiary. required to file Form 1065–B, ‘‘U.S. partnership returns listed in paragraph An automatic extension of time to file Return of Income for Electing Large (a) of this section filed on or after June an estate or trust income tax return Partnerships,’’ for any taxable year will 24, 2011. under this section will not extend the be allowed an automatic 6-month time for filing the income tax return of extension of time to file the return after § 1.6081–2T [Removed] a beneficiary of the estate or trust or the the date prescribed for filing the return ■ Par. 3. Section 1.6081–2T is removed. time for the payment of any tax due on if the partnership files an application ■ Par. 4. Section 1.6081–6 is added to the beneficiary’s income tax return. under this section in accordance with read as follows: paragraph (b) of this section. (e) Termination of automatic (b) Requirements. To satisfy this § 1.6081–6 Automatic extension of time to extension. The Commissioner may file estate or trust income tax return. paragraph (b), the partnership must— terminate an automatic extension at any (1) Submit a complete application on (a) In general. (1) Except as provided time by mailing to the estate or trust a Form 7004, ‘‘Application for Automatic in paragraph (a)(2) of this section, any notice of termination at least 10 days Extension of Time to File Certain estate, including but not limited to an prior to the termination date designated Business Income Tax, Information, and estate defined in section 2031, or trust in such notice. The Commissioner must Other Returns,’’ or in any other manner required to file an income tax return on mail the notice of termination to the prescribed by the Commissioner; Form 1041, ‘‘U.S. Income Tax Return for address shown on the Form 7004 or to (2) File the application on or before Estates and Trusts,’’ will be allowed an the estate or trust’s last known address. the later of— automatic 5-month extension of time to For further guidance regarding the (i) The date prescribed for filing the file the return after the date prescribed definition of last known address, see return of the partnership; or for filing the return if the estate or trust § 301.6212–2 of this chapter. (ii) The expiration of any extension of files an application under this section in (f) Penalties. See section 6651 for time to file granted under § 1.6081–5(a); accordance with paragraph (b) of this failure to file an estate or trust income and section. No additional extension will be tax return or failure to pay the amount (3) File the application with the allowed pursuant to § 1.6081–1(b) shown as tax on the return. Internal Revenue Service office beyond the automatic 5-month (g) Effective/applicability dates. This designated in the application’s extension provided by this section. section applies to applications for an instructions. (2) A bankruptcy estate that is created automatic extension of time to file an (c) Payment of section 7519 amount. when an individual debtor files a estate or trust income tax return filed on An automatic extension of time for petition under either chapter 7 or or after June 24, 2011. filing a partnership return of income chapter 11 of Title 11 of the U.S. Code granted under paragraph (a) of this that is required to file an income tax § 1.6081–6T [Removed] section does not extend the time for return on Form 1041, ‘‘U.S. Income Tax ■ payment of any amount due under Return for Estates and Trusts,’’ and an Par. 5. Section 1.6081–6T is removed. estate or trust required to file an income section 7519, relating to required PART 54—PENSION EXCISE TAXES payments for entities electing not to tax return on Form 1041–N, ‘‘U.S. have a required taxable year. Income Tax Return for Electing Alaska ■ Par. 6. The authority citation for part (d) Section 444 election. An automatic Native Settlement,’’ or Form 1041–QFT, 54 is amended by adding an entry in extension of time for filing a partnership ‘‘U.S. Income Tax Return for Qualified numerical order to read in part as return of income will run concurrently Funeral Trusts’’ for any taxable year will follows: with any extension of time for filing a be allowed an automatic 6-month extension of time to file the return after Authority: 26 U.S.C. 7805 * * * return allowed because of section 444, Section 54.6081–1 also issued under 26 relating to the election of a taxable year the date prescribed for filing the return U.S.C. 6081(a). other than a required taxable year. if the estate files an application under (e) Effect of extension on partner. An this section in accordance with ■ Par. 7. Section 54.6081–1 is added to automatic extension of time for filing a paragraph (b) of this section. read as follows:

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§ 54.6081–1 Automatic extension of time return due under chapter 43, filed on or title III, sec. 314, Pub. L. 107–56, 115 Stat. for filing returns for certain excise taxes after June 24, 2011. 307. under Chapter 43. ■ 2. In § 1010.350, paragraph (d) is Steven T. Miller, revised to read as follows: (a) In general. An employer, other Deputy Commissioner for Services and person or health plan that is required to Enforcement. § 1010.350 Reports of foreign financial file a return on Form 8928, ‘‘Return of Approved: June 17, 2011. accounts. Certain Excise Taxes Under Chapter 43 Emily S. McMahon, * * * * * of the Internal Revenue Code,’’ will be Acting Assistant Secretary of the Treasury (d) Foreign country. A foreign country allowed an automatic 6-month (Tax Policy). includes all geographical areas located extension of time to file the return after [FR Doc. 2011–15902 Filed 6–23–11; 8:45 am] outside of the United States as defined the date prescribed for filing the return BILLING CODE 4830–01–P in 31 CFR 1010.100(hhh). if the employer, other person or health * * * * * plan files an application under this Dated: June 21, 2011. section in accordance with paragraph DEPARTMENT OF THE TREASURY (b) of this section. Charles M. Steele, Financial Crimes Enforcement Network Deputy Director, Financial Crimes (b) Requirements. To satisfy this Enforcement Network. paragraph (b), an employer, other 31 CFR Part 1010 [FR Doc. 2011–15900 Filed 6–23–11; 8:45 am] person or health plan must— BILLING CODE 4810–02–P (1) Submit a complete application on RIN 1506–AB08 Form 7004, ‘‘Application for Automatic Amendment to the Bank Secrecy Act Extension of Time To File Certain Regulations—Reports of Foreign DEPARTMENT OF HOMELAND Business Income Tax, Information, and Financial Accounts; Correction SECURITY Other Returns,’’ or in any other manner prescribed by the Commissioner; AGENCY: Financial Crimes Enforcement Coast Guard Network, Treasury (‘‘FinCEN’’), (2) File the application on or before Treasury. 33 CFR Part 100 the date prescribed for filing the return ACTION: Correcting amendment. with the Internal Revenue Service office [Docket No. USCG–2011–0452] designated in the application’s SUMMARY: This document corrects a Seattle Seafair Unlimited Hydroplane instructions; and minor typographical error appearing in Race (3) Remit the amount of the properly the final rule published in the Federal estimated unpaid tax liability on or Register of February 24, 2011. AGENCY: Coast Guard, DHS. before the date prescribed for payment. DATES: Effective on June 24, 2011. ACTION: Notice of enforcement of (c) No extension of time for the FOR FURTHER INFORMATION CONTACT: regulation. payment of tax. An automatic extension Regulatory Policy and Programs Division, FinCEN, (800–949–2732). SUMMARY: The Coast Guard will enforce of time for filing a return granted under the Seattle Seafair Unlimited SUPPLEMENTARY INFORMATION: In rule FR paragraph (a) of this section will not Hydroplane Race Special Local extend the time for payment of any tax Doc. 2011–4048, published on February 24, 2011 (76 FR 10234), on page 10245, Regulation on Lake Washington, WA due on such return. in the third column, in line 16, 31 CFR from 8:00 a.m. on August 4, 2011 (d) Termination of automatic 1010.350(d), the citation to ‘‘31 CFR through 11:59 p.m. on August 7, 2011 extension. The Commissioner may 1010(hhh)’’ should have read ‘‘31 CFR during hydroplane race times. This terminate an automatic extension at any 1010.100(hhh).’’ This document corrects action is necessary to ensure public time by mailing to the employer, other the citation. safety from the inherent dangers person, or health plan a notice of Because this document is correcting a associated with high-speed races while termination at least 10 days prior to the minor typographical error, FinCEN finds allowing access for rescue personnel in termination date designated in such that prior notice and comment under the event of an emergency. During the enforcement period, no person or vessel notice. The Commissioner must mail the the Administrative Procedure Act are will be allowed to enter the regulated notice of termination to the address unnecessary. area without the permission of the shown on the Form 7004 or to the estate List of Subjects in 31 CFR Part 1010 Captain of the Port, on-scene Patrol or trust’s last known address. For Administrative practice and Commander or Designated further guidance regarding the procedure, Banks, Banking, Brokers, Representative. definition of last known address, see Currency, Foreign banking, Foreign § 301.6212–2 of this chapter. DATES: The regulations at 33 CFR currencies, Gambling, Investigations, 100.1301 will be enforced from 8 a.m. (e) Penalties. See section 6651 for Penalties, Reporting and recordkeeping on August 4, 2011 through 11:59 p.m. failure to file a pension excise tax return requirements, Securities, Terrorism. on August 7, 2011. or failure to pay the amount shown as Accordingly, 31 CFR part 1010 is FOR FURTHER INFORMATION CONTACT: If tax on the return. corrected by making the following you have questions on this notice, call (f) Effective/applicability date. This correcting amendment: or e-mail Ensign Anthony P. LaBoy, section is applicable for applications for PART 1010—GENERAL PROVISIONS Sector Puget Sound Waterways an automatic extension of time to file a Management Division, Coast Guard; ■ 1. The authority citation for part 1010 telephone 206–217–6323, e-mail continues to read as follows: [email protected]. Authority: 12 U.S.C. 1829b and 1951– SUPPLEMENTARY INFORMATION: The Coast 1959; 31 U.S.C. 5311–5314 and 5316–5332; Guard will enforce the special local

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regulation for the annual Seattle Seafair other law enforcement agencies or event City, NJ. The deviation allows the bridge Unlimited Hydroplane Race in 33 CFR sponsors shall be permitted to tow other to remain in the closed position to 100.1301 from 8 a.m. on August 4, 2011 watercraft or inflatable devices. vessels requiring an opening to through 11:59 p.m. on August 7, 2011. (5) Vessels proceeding in either Zone accommodate heavy volumes of Under the provisions of 33 CFR I or Zone II during the hours this vehicular traffic due to the Fourth of 100.1301, the Coast Guard will restrict regulation is in effect shall do so only July fireworks show. general navigation in the following area; at speeds which will create minimum DATES: This deviation is effective from the waters of Lake Washington bounded wake, seven (07) miles per hour or less. 9:40 p.m. on July 4, 2011 through 11:15 by the Interstate 90 (Mercer Island/ This maximum speed may be reduced at p.m. on July 5, 2011. Lacey V. Murrow) Bridge, the western the discretion of the Patrol Commander. ADDRESSES: Documents mentioned in shore of Lake Washington, and the east/ (6) Upon completion of the daily this preamble as being available in the west line drawn tangent to Bailey racing activities, all vessels leaving docket are part of docket USCG–2011– Peninsula and along the shoreline of either Zone I or Zone II shall proceed at 0503 and are available online by going Mercer Island. speeds of seven (07) miles per hour or to http://www.regulations.gov, inserting The regulated area has been divided less. The maximum speed may be USCG–2011–0503 in the ‘‘Keyword’’ into two zones. The zones are separated reduced at the discretion of the Patrol box and then clicking ‘‘Search.’’ They by a line perpendicular from the I–90 Commander. are also available for inspection or Bridge to the northwest corner of the (7) A succession of sharp, short copying at the Docket Management East log boom and a line extending from signals by whistle or horn from vessels Facility (M–30), U.S. Department of the southeast corner of the East log patrolling the areas under the direction Transportation, West Building Ground boom to the southeast corner of the of the Patrol Commander shall serve as Floor, Room W12–140, 1200 New Jersey hydroplane race course and then to the signal to stop. Vessels signaled shall Avenue, SE., Washington, DC 20590, northerly tip of Ohlers Island in stop and shall comply with the orders between 9 a.m. and 5 p.m., Monday Andrews Bay. The western zone is of the patrol vessel; failure to do so may through Friday, except Federal holidays. designated Zone I, the eastern zone, result in expulsion from the area, Zone II. (Refer to NOAA Chart 18447). citation for failure to comply, or both. FOR FURTHER INFORMATION CONTACT: If The Coast Guard will maintain a The Coast Guard may be assisted by you have questions on this rule, call or patrol consisting of Coast Guard vessels, other Federal, State, or local law e-mail Lindsey Middleton, Coast Guard; assisted by Auxiliary Coast Guard enforcement agencies in enforcing this telephone 757–398–6629, e-mail vessels, in Zone II. The Coast Guard regulation. [email protected]. If you patrol of this area is under the direction This notice is issued under authority have questions on viewing the docket, of the Coast Guard Patrol Commander of 33 CFR 100.1301 and 5 U.S.C. 552(a). call Renee V. Wright, Program Manager, (the ‘‘Patrol Commander’’). The Patrol If the Captain of the Port determines Docket Operations, telephone 202–366– Commander is empowered to control that the regulated area need not be 9826. the movement of vessels on the enforced for the full duration stated in SUPPLEMENTARY INFORMATION: The racecourse and in the adjoining waters this notice, he or she may use a Borgata Hotel Casino and Spa, on behalf during the periods this regulation is in Broadcast Notice to Mariners to grant of New Jersey Department of effect. The Patrol Commander may be general permission to enter the Transportation, requested a temporary assisted by other federal, state and local regulated area. deviation from the current operating regulations of the Route 30/Absecon law enforcement agencies. Dated: May 25, 2011. Boulevard Bridge across Beach Only authorized vessels may be S.J. Ferguson, allowed to enter Zone I during the hours Thorofare, NJICW mile 67.2, at Atlantic Captain, U.S. Coast Guard, Captain of the City, NJ. this regulation is in effect. Vessels in the Port, Puget Sound. vicinity of Zone I shall maneuver and The closure has been requested to [FR Doc. 2011–15791 Filed 6–23–11; 8:45 am] anchor as directed by Coast Guard ensure the safety of the heavy volumes Officers or Petty Officers. BILLING CODE 9110–04–P of vehicular traffic that would be During the times in which this transiting over the bridge for the July regulation is in effect, the following 4th fireworks show at Borgata Hotel DEPARTMENT OF HOMELAND Casino and Spa. Under this temporary rules shall apply: SECURITY (1) Swimming, wading, or otherwise deviation, the bridge will remain in the entering the water in Zone I by any Coast Guard closed position to vessels requiring an person is prohibited while hydroplane opening in order to facilitate the boats are on the racecourse. At other 33 CFR Part 117 movement of vehicular traffic intending times in Zone I, any person entering the to view the Fourth of July fireworks water from the shoreline shall remain [Docket No. USCG–2011–0503] show. The Fourth of July fireworks show is west of the swim line, denoted by Drawbridge Operation Regulation; New buoys, and any person entering the scheduled to take place on July 4, 2011. Jersey Intracoastal Waterway (NJICW), Therefore, under this temporary water from the log boom shall remain Atlantic City, NJ within ten (10) feet of the log boom. deviation, the bridge will remain in the (2) Any person swimming or AGENCY: Coast Guard, DHS. closed position to vessels requiring an otherwise entering the water in Zone II ACTION: Notice of temporary deviation opening from 9:40 p.m. through 11:15 shall remain within ten (10) feet of a from regulations. p.m. on July 4, 2011. However, should vessel. weather preclude this event from taking (3) Rafting to a log boom will be SUMMARY: The Commander, Fifth Coast place on July 4, 2011, the event will be limited to groups of three vessels. Guard District, has issued a temporary re-scheduled to take place on July 5, (4) Up to six (6) vessels may raft deviation from the regulation governing 2011. In that case, the bridge will together in Zone II if none of the vessels the operation of the Route 30/Abescon operate as normal on July 4, 2011 and are secured to a log boom. Only vessels Boulevard Bridge across Beach the bridge will remain in the closed authorized by the Patrol Commander, Thorofare, NJICW mile 67.2, at Atlantic position to vessels requiring an opening

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from 9:40 p.m. through 11:15 p.m. on the draw span in order to facilitate the with this horizontal clearance may do so July 5, 2011. At all other times during replacement of the operating lift cables. at any time. There are no alternate the effective period of this temporary DATES: This deviation is effective from routes for vessels transiting this section regulation, the bridge will operate as 12:01 a.m. July 9, 2011, until 11:59 p.m. of the Delaware River. outlined at 33 CFR 117.733(e). July 22, 2011. There are approximately four to six The vertical clearance of this bascule ADDRESSES: Documents mentioned in vessels per week from four facilities bridge is 20 feet above mean high water this preamble as being available in the whose vertical clearance surpasses the in the closed position to vessels and docket are part of docket USCG–2011– closed bridge position, requiring an unlimited in the open position. The 0529 and are available online by going opening of the draw span. The Coast current operating regulations are to http://www.regulations.gov, inserting Guard has coordinated this replacement outlined at 33 CFR 117.733(e), which USCG–2011–0529 in the ‘‘Keyword’’ work with the Mariners Advisory require that the bridge shall open on box and then clicking ‘‘Search’’. They Committee for Bay & River Delaware, signal but only if at least four hours of are also available for inspection or and will inform the other users of the notice is given; except that from April copying at the Docket Management waterway through our Local and 1 through October 31, from 7 a.m. to 11 Facility (M–30), U.S. Department of Broadcast Notices to Mariners of the p.m., the draw need only open on the Transportation, West Building Ground closure periods for the bridge so that hour. The majority of the vessels that Floor, Room W12–140, 1200 New Jersey vessels can arrange their transits to transit this bridge during this time are Avenue, SE., Washington, DC 20590, minimize any impact caused by the recreational boats. Vessels able to pass between 9 a.m. and 5 p.m., Monday temporary deviation. The bridge will through the bridge in the closed through Friday, except Federal holidays. not be able to open in an emergency due position may do so at any time. The to the lift cables being removed. bridge will be able to open for FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or In accordance with 33 CFR 117.35(e), emergencies. The Atlantic Ocean is an the drawbridge must return to its regular alternate route for vessels with mast e-mail Terrance Knowles, Environmental Protection Specialist, operating schedule immediately at the heights greater than 20 feet. The Coast end of the designated time period. This Guard will inform the users of the Fifth Coast Guard District, at telephone 757–398–6587, e-mail deviation from the operating regulations waterway through our Local and is authorized under 33 CFR 117.35. Broadcast Notices to Mariners of the [email protected]. If you closure period so that vessels can plan have questions on viewing the docket, Dated: June 15, 2011. their transits to minimize any impact call Renee V. Wright, Program Manager, Waverly W. Gregory, Jr., caused by the temporary deviation. Docket Operations, telephone 202–366– Bridge Program Manager, By direction of the In accordance with 33 CFR 117.35(e), 9826. Commander, Fifth Coast Guard District. the drawbridge must return to its regular SUPPLEMENTARY INFORMATION: The [FR Doc. 2011–15803 Filed 6–23–11; 8:45 am] operating schedule immediately at the Burlington County Bridge Commission, BILLING CODE 4910–15–P end of the designated time period. This who owns and operates this vertical-lift deviation from the operating regulations type drawbridge, has requested a is authorized under 33 CFR 117.35. temporary deviation from the current DEPARTMENT OF HOMELAND SECURITY Dated: June 15, 2011. operating regulations set out in 33 CFR 117.5 and 117.716(b) to facilitate the Waverly W. Gregory, Jr., replacement of the lift cables. Coast Guard Bridge Program Manager, By direction of the The Burlington-Bristol Bridge on Commander, Fifth Coast Guard District. Route 413, at mile 117.8, across the 33 CFR Part 165 [FR Doc. 2011–15802 Filed 6–23–11; 8:45 am] Delaware River, between Burlington NJ BILLING CODE 9110–04–P and Bristol PA, has a vertical clearance [Docket No. USCG–2011–0475] in the closed position to vessels of 62 RIN 1625–AA00 feet above mean high water. DEPARTMENT OF HOMELAND Under the regular operating schedule SECURITY Safety Zone; Central Astoria the bridge opens on signal as required Independence Celebration Fireworks Coast Guard by 33 CFR 117.5 and the opening of a Event, Wards Island, NY bridge may not be delayed more than 33 CFR Part 117 five minutes for a highway bridge, after AGENCY: Coast Guard, DHS. the signal to open is given as required ACTION: Temporary final rule. [Docket No. USCG–2011–0529] by 33 CFR 117.716(b). Under this temporary deviation, SUMMARY: The Coast Guard is Drawbridge Operation Regulation; beginning 12:01 a.m. on Saturday July 9, establishing a temporary safety zone in Delaware River, Between Burlington, 2011 and ending at 11:59 p.m. on Friday the Captain of the Port (COTP) Zone NJ and Bristol, PA July 22, 2011, the Burlington-Bristol New York on a portion of the navigable AGENCY: Coast Guard, DHS. Bridge will be closed to vessels and waters of the East River in the vicinity ACTION: Notice of temporary deviation unable to open on signal. of Wards Island, New York for a from regulations. Vessels that can pass under the bridge fireworks display. This temporary safety without a drawbridge opening may do zone is necessary to ensure the safety of SUMMARY: The Commander, Fifth Coast so at all times. A barge/crane, involved vessels and spectators from hazards Guard District has issued a temporary in the maintenance operation, will be associated with fireworks displays. deviation from the regulations located near the center of the channel, Persons and vessels are prohibited from governing the operation of the adjacent to the bridge, reducing the entering into, transiting through, Burlington-Bristol Bridge on Route 413, horizontal clearance of the waterway to mooring, or anchoring within the across the Delaware River, at mile 117.8, approximately 200 feet. on either side of temporary safety zone unless authorized between Burlington, NJ and Bristol, PA. the barge/crane. Vessels able to pass by the COTP New York or the The deviation restricts the operation of under the closed span in conjunction designated on-scene representative.

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DATES: This rule is effective from 8:45 to reschedule this event due to other the COTP New York or the designated p.m. until 10:15 p.m. on June 30, 2011. activities being held in conjunction with on-scene representative. The COTP New ADDRESSES: Documents indicated in this the fireworks display. York or the designated representative preamble as being available in the Due to the dangers posed by the may be reached on VFH Channel 16. pyrotechnics used in this fireworks docket are part of docket USCG–2011– Regulatory Analyses 4075 and are available online by going display, the safety zone is necessary to to http://www.regulations.gov, inserting provide for the safety of event We developed this rule after USCG–2011–4075 in the ‘‘Keyword’’ participants, spectator craft, and other considering numerous statutes and box, and then clicking ‘‘Search.’’ They vessels operating near the event area. executive orders related to rulemaking. are also available for inspection or For the safety concerns noted, it is in Below we summarize our analyses copying at the Docket Management the public interest to have these based on 13 of these statutes or Facility (M–30), U.S. Department of regulations in effect during the event. executive orders. Transportation, West Building Ground Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for Executive Order 12866 and Executive Floor, Room W12–140, 1200 New Jersey Order 13563 Avenue, SE., Washington, DC 20590, making this rule effective less than 30 This rule is not a significant between 9 a.m. and 5 p.m., Monday days after publication in the Federal regulatory action under section 3(f) of through Friday, except Federal holidays. Register. The rule must become effective on the date specified above in Executive Order 12866, Regulatory FOR FURTHER INFORMATION CONTACT: If order to provide for the safety of the Planning and Review, as supplemented you have questions on this temporary public including spectators and vessels by Executive Order 13563, and does not rule, call or e-mail LTJG Eunice James, operating in the area near the fireworks require an assessment of potential costs Coast Guard Sector New York display. Delaying the effective date of and benefits under section 6(a)(3) of that Waterways Management Division; 718– this rule until after 30 days have elapsed Order. The Office of Management and 354–4163, e-mail since publication is impractical and Budget has not reviewed it under that [email protected]. If you have would expose spectators, vessels, and Order. questions on viewing the docket, call other property to the hazards associated The Coast Guard’s implementation of Renee V. Wright, Program Manager, with pyrotechnics used in the fireworks this temporary safety zone will be of Docket Operations, telephone 202–366– display. short duration and designed to 9826. minimize the impact to vessel traffic on SUPPLEMENTARY INFORMATION: Basis and Purpose navigable waters. This safety zone will Regulatory Information The legal basis for the temporary rule only be enforced for 90 minutes. is 33 U.S.C. 1226, 1231, 46 U.S.C. Furthermore, vessels may be authorized The Coast Guard is issuing this Chapter 701, 3306, 3703; 50 U.S.C. 191, to transit the zone with permission of temporary final rule without prior 195; Pub. L. 107–295, 116 Stat. 2064; the COTP New York or the designated notice and opportunity to comment and Department of Homeland Security on-scene representative. pursuant to authority under section 4(a) Delegation No. 0170.1, which Small Entities of the Administrative Procedure Act collectively authorize the Coast Guard (APA) (5 U.S.C. 553(b)). This provision to define safety zones. Under the Regulatory Flexibility Act authorizes an agency to issue a rule The Central Astoria Local (5 U.S.C. 601–612), we have considered without prior notice and opportunity to Development Coalition has planned a whether this rule would have a comment when the agency for good fireworks event to celebrate significant economic impact on a cause finds that those procedures are Independence Day. The fireworks will substantial number of small entities. ‘‘impracticable, unnecessary, or contrary commence at 9:15 p.m. on June 30, 2011 The term ‘‘small entities’’ comprises to the public interest.’’ Under 5 U.S.C. and will last approximately 25 minutes. small businesses, not-for-profit 553(b)(B), the Coast Guard finds that This event poses significant potential organizations that are independently good cause exists for not publishing a risk to participants, spectators and the owned and operated and are not notice of proposed rulemaking (NPRM) maritime public because of hazardous dominant in their fields, and with respect to this rule because the conditions associated with a fireworks governmental jurisdictions with Coast Guard did not receive information display. This temporary safety zone is populations of less than 50,000. regarding the dates and scope of the necessary to ensure the safety of The Coast Guard certifies under 5 event in time to publish a NPRM participants, spectators and vessels. U.S.C. 605(b) that this rule will not have followed by a final rule before the a significant economic impact on a effective date. Discussion of Rule substantial number of small entities. The Coast Guard was notified of this This rule establishes a temporary This rule will affect the following event on February 24, 2011. This event safety zone on a portion of the waters entities, some of which may be small is a reoccurring marine event with a of the East River. The temporary safety entities: The owners and operators of proposed permanent rule currently in a zone will encompass all waters of the vessels intending to transit or anchor public comment period under docket East River in the vicinity of Wards within the fireworks fall-out zone, a number USCG–2010–1001 titled, Island, Queens, NY, within a 150-yard portion of the East River in the vicinity Special Local Regulations and Safety radius of a shore location, approximate of Wards Island, Queens, NY. The Zones; Recurring Events in Captain of position 40°46′57.83″ N, 073°55′28.58″ fireworks will commence at 9:15 p.m. the Port New York Zone. W (NAD 83) approximately 150 yards on June 30, 2011 and will last The sponsor was not aware of the south of Hells Gate Bridge. approximately 25 minutes. requirements for submitting an All persons and vessels shall comply This rule will not have a significant application for a marine event 135 days with the instructions of the COTP New economic impact on a substantial in advance, resulting in a late York or the designated on-scene number of small entities for the notification to the Coast Guard. The representative. Entry into, transiting, or following reasons: Vessel traffic can sponsor is aware of this requirement for anchoring within the temporary safety safely transit around the zone. Before all future events. The sponsor is unable zone is prohibited unless authorized by the effective period, we will issue

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maritime advisories widely available to Interference with Constitutionally adopted by voluntary consensus users of the waterway. This rule will be Protected Property Rights. standards bodies. in effect for only 90 minutes. This rule does not use technical Civil Justice Reform standards. Therefore, we did not Assistance for Small Entities This rule meets applicable standards consider the use of voluntary consensus Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to Business Regulatory Enforcement Environment Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate we offer to assist small entities in ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security understanding the rule so that they can Protection of Children better evaluate its effects on them and Management Directive 023–01 and participate in the rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Executive Order 13045, Protection of Small businesses may send comments which guide the Coast Guard in Children from Environmental Health on the actions of Federal employees complying with the National Risks and Safety Risks. This rule is not who enforce, or otherwise determine Environmental Policy Act of 1969 an economically significant rule and compliance with, Federal regulations to (NEPA) (42 U.S.C. 4321–4370f), and does not create an environmental risk to the Small Business and Agriculture have concluded this action is one of a health or risk to safety that may Regulatory Enforcement Ombudsman category of actions that do not disproportionately affect children. and the Regional Small Business individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments significant effect on the human environment. This rule is categorically Ombudsman evaluates these actions This rule does not have tribal annually and rates each agency’s excluded, under figure 2–1, paragraph implications under Executive Order (34)(g), of the Instruction. This rule responsiveness to small business. If you 13175, Consultation and Coordination wish to comment on actions by involves the establishment of a with Indian Tribal Governments, temporary safety zone on a portion of employees of the Coast Guard, call because it does not have a substantial 1–888–REG–FAIR (1–888–734–3247). the Upper New York Bay during the direct effect on one or more Indian launching of fireworks. The Coast Guard will not retaliate tribes, on the relationship between the against small entities that question or Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 complain about this rule or any policy or on the distribution of power and Harbors, Marine safety, Navigation or action of the Coast Guard. responsibilities between the Federal (water), Reporting and recordkeeping Collection of Information Government and Indian tribes. requirements, Security measures, Waterways. This rule calls for no new collection Energy Effects For the reasons discussed in the of information under the Paperwork We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– preamble, the Coast Guard amends 33 Executive Order 13211, Actions CFR Part 165 as follows: 3520). Concerning Regulations That Federalism Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS A rule has implications for federalism determined that it is not a ‘‘significant under Executive Order 13132, energy action’’ under that order because ■ 1. The authority citation for part 165 Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ continues to read as follows: effect on State or local governments and under Executive Order 12866 and is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. would either preempt State law or likely to have a significant adverse effect Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; impose a substantial direct cost of on the supply, distribution, or use of Pub. L. 107–295, 116 Stat. 2064; Department compliance on them. We have analyzed energy. The Administrator of the Office of Homeland Security Delegation No. 0170.1. this rule under that Order and have of Information and Regulatory Affairs ■ 2. Add § 165.T01–0475 to read as determined that it does not have has not designated it as a significant follows: implications for federalism. energy action. Therefore, it does not Unfunded Mandates Reform Act require a Statement of Energy Effects § 165.T01–0475 Safety Zone; Central under Executive Order 13211. Astoria Independence Celebration The Unfunded Mandates Reform Act Fireworks Event, Wards Island, NY. Technical Standards of 1995 (2 U.S.C. 1531–1538) requires (a) Regulated Area. The following area Federal agencies to assess the effects of The National Technology Transfer is a temporary safety zone: A 150 yard their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 radius around position 40°46′57.83″ N, particular, the Act addresses actions U.S.C. 272 note) directs agencies to use 073°55′28.58″ W on the shore of Wards that may result in the expenditure by a voluntary consensus standards in their Island, Queens, NY. State, local, or tribal government, in the regulatory activities unless the agency (b) Enforcement period. This section aggregate, or by the private sector of provides Congress, through the Office of will be enforced from 8:45 p.m. until $100,000,000 or more in any one year. Management and Budget, with an 10:15 p.m. on June 30, 2011. Though this rule will not result in such explanation of why using these (c) Regulations. expenditure, we do discuss the effects of standards would be inconsistent with (1) The general regulations contained this rule elsewhere in this preamble. applicable law or otherwise impractical. in 33 CFR 165.23 apply. Voluntary consensus standards are (2) In accordance with the general Taking of Private Property technical standards (e.g., specifications regulations in § 165.23 of this part, entry This rule will not affect a taking of of materials, performance, design, or into, transit through, mooring or private property or otherwise have operation; test methods; sampling anchoring within this safety zone is taking implications under Executive procedures; and related management prohibited unless authorized by the Order 12630, Governmental Actions and systems practices) that are developed or COTP New York or the designated on-

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scene representative. ‘‘Designated on- Transportation, West Building Ground hazards associated with pyrotechnics scene representative’’ means any Floor, Room W12–140, 1200 New Jersey used in the fireworks display. commissioned, warrant, and petty Avenue, SE., Washington, DC 20590, Basis and Purpose officer of the Coast Guard on board between 9 a.m. and 5 p.m., Monday Coast Guard, Coast Guard Auxiliary, through Friday, except Federal holidays. The legal basis for the temporary rule and local, state, and federal law is 33 U.S.C. 1226, 1231, 46 U.S.C. FOR FURTHER INFORMATION CONTACT: If Chapter 701, 3306, 3703; 50 U.S.C. 191, enforcement vessels who have been you have questions on this temporary authorized to act on behalf of the COTP 195; Public Law 107–295, 116 Stat. rule, call or e-mail MST1 David Labadie 2064; and Department of Homeland New York. of the Waterways Management Division, (3) Persons desiring to operate within Security Delegation No. 0170.1, which U.S. Coast Guard Sector Boston; the safety zone established in this collectively authorize the Coast Guard telephone 617–223–3010, e-mail section may contact the COTP New to define safety zones. [email protected]. If you have York at telephone number 718–354– The safety zone is being issued to questions on viewing material related to 4398 or via on-scene patrol personnel establish a temporary regulated area in the docket, call Renee V. Wright, on VHF channel 16 to seek permission Boston Harbor around the fireworks Program Manager, Docket Operations, to do so. If permission is granted, all launch barge during the fireworks telephone 202–366–9826. persons and vessels must still comply display. SUPPLEMENTARY INFORMATION: with the instructions of the COTP New Discussion of Rule York or the designated on-scene Regulatory Information representative. This temporary rule is necessary to ensure the safety of spectators, vessels Dated: June 8, 2011. The Coast Guard is issuing this temporary final rule without prior and other property from the hazards L.L. Fagan, associated with fireworks display. The Captain, U.S. Coast Guard, Captain of the notice and opportunity to comment pursuant to authority under section 4(a) COTP Boston has determined that Port New York. fireworks displays in close proximity to [FR Doc. 2011–15788 Filed 6–23–11; 8:45 am] of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision watercraft and waterfront structures BILLING CODE 9110–04–P authorizes an agency to issue a rule pose a significant risk to public safety without prior notice and opportunity to and property. Such hazards include comment when the agency for good obstructions to the waterway that may DEPARTMENT OF HOMELAND cause marine casualties and the SECURITY cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary explosive danger of fireworks and debris Coast Guard to the public interest.’’ Under 5 U.S.C. falling into the water that may cause 553(b)(B), the Coast Guard finds that death or serious bodily harm. 33 CFR Part 165 good cause exists for not publishing a Establishing a safety zone around the notice of proposed rulemaking (NPRM) location of this fireworks event will [Docket No. USCG–2011–0437] with respect to this rule because help ensure the safety of spectators, RIN 1625–AA00 sufficient information regarding the vessels and other property and help dates and scope of the event was not minimize the associated risks. Safety Zone; Fan Pier Yacht Club received in time to publish a NPRM The Coast Guard has implemented Fireworks, Boston Harbor, Boston, MA followed by a final rule as the event safety zones for past events and has not would occur before the rulemaking received public comments or concerns AGENCY: Coast Guard, DHS. regarding the impact to waterway traffic ACTION: Temporary final rule. process was complete. The Coast Guard was notified of this event on May 5, from these events. SUMMARY: The Coast Guard is 2011. The sponsor was not aware of the Regulatory Analyses establishing a temporary safety zone requirements for submitting an We developed this rule after within the Sector Boston Captain of the application for a marine event 135 days considering numerous statutes and Port (COTP) Zone for the Fan Pier Yacht in advance, resulting in a late executive orders related to rulemaking. Club Fireworks display. This safety notification to the Coast Guard. The Below we summarize our analyses zone is necessary to provide for the sponsor is aware of this requirement for based on 13 of these statutes or safety of life on navigable waters during all future events. The sponsor is unable executive orders. the fireworks event. Entering into, to reschedule this event due to other transiting through, mooring or activities being held in conjunction with Executive Order 12866 and Executive anchoring within this zone is prohibited the fireworks display. Due to the Order 13563 unless authorized by the COTP or the dangers posed by the pyrotechnics used This rule is not a significant designated on-scene representative. in this fireworks display, the safety zone regulatory action under section 3(f) of DATES: This rule is effective and will be is necessary to provide for the safety of Executive Order 12866, Regulatory enforced from 9:30 p.m. to 10 p.m. on event participants, spectator craft, and Planning and Review, as supplemented June 30, 2011. other vessels transiting the event area. by Executive Order 13563, and does not ADDRESSES: Documents indicated in this For the safety concerns noted, it is in require an assessment of potential costs preamble as being available in the the public interest to have these and benefits under section 6(a)(3) of that docket are part of docket USCG–2011– regulations in effect during the event. Order. The Office of Management and 0437 and are available online by going Under 5 U.S.C. 553(d)(3), the Coast Budget has not reviewed it under that to http://www.regulations.gov, inserting Guard finds that good cause exists for Order. USCG–2011–0437 in the ‘‘Keyword’’ making this rule effective less than The Coast Guard determined that this box, and then clicking ‘‘Search.’’ They 30 days after publication in the Federal rule is not a significant regulatory action are also available for inspection or Register. Any delay in the effective date for the following reasons: The safety copying at the Docket Management of this rule would expose spectators, zone will be of limited duration and is Facility (M–30), U.S. Department of vessels and other property to the designed to avoid, to the extent

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possible, fishing and recreational annually and rates each agency’s Indian Tribal Governments boating traffic routes. The fireworks will responsiveness to small business. If you This rule does not have tribal also be coordinated to ensure there is no wish to comment on actions by implications under Executive Order interruption of commercial vessel employees of the Coast Guard, call 13175, Consultation and Coordination transits. 1–888–REG–FAIR (1–888–734–3247). with Indian Tribal Governments, Small Entities The Coast Guard will not retaliate because it does not have a substantial against small entities that question or direct effect on one or more Indian Under the Regulatory Flexibility Act complain about this rule or any policy tribes, on the relationship between the (5 U.S.C. 601–612), we have considered or action of the Coast Guard. Federal Government and Indian tribes, whether this rule would have a or on the distribution of power and significant economic impact on a Collection of Information responsibilities between the Federal substantial number of small entities. This rule calls for no new collection Government and Indian tribes. The term ‘‘small entities’’ comprises of information under the Paperwork small businesses, not-for-profit Energy Effects Reduction Act of 1995 (44 U.S.C. 3501– organizations that are independently 3520). We have analyzed this rule under owned and operated and are not Executive Order 13211, Actions dominant in their fields, and Federalism Concerning Regulations That governmental jurisdictions with Significantly Affect Energy Supply, populations of less than 50,000. A rule has implications for federalism under Executive Order 13132, Distribution, or Use. We have The Coast Guard certifies under determined that it is not a ‘‘significant 5 U.S.C. 605(b) that this rule would not Federalism, if it has a substantial direct effect on State or local governments and energy action’’ under that order because have a significant economic impact on it is not a ‘‘significant regulatory action’’ would either preempt State law or a substantial number of small entities. under Executive Order 12866 and is not impose a substantial direct cost of This rule will affect the following likely to have a significant adverse effect compliance on them. We have analyzed entities, some of which may be small on the supply, distribution, or use of this rule under that Order and have entities: The owners or operators of energy. The Administrator of the Office determined that it does not have vessels intending to enter, transit of Information and Regulatory Affairs implications for federalism. through, moor or anchor in portions of has not designated it as a significant Boston Harbor during a fireworks Unfunded Mandates Reform Act energy action. Therefore, it does not display. require a Statement of Energy Effects This rule will not have a significant The Unfunded Mandates Reform Act under Executive Order 13211. economic impact on a substantial of 1995 (2 U.S.C. 1531–1538) requires number of small entities for the Federal agencies to assess the effects of Technical Standards following reasons: This rule will only be their discretionary regulatory actions. In The National Technology Transfer in effect for 1⁄2 hour and vessels will be particular, the Act addresses actions and Advancement Act (NTTAA) (15 able to transit around the safety zone. that may result in the expenditure by a U.S.C. 272 note) directs agencies to use The fireworks will also be coordinated State, local, or tribal government, in the voluntary consensus standards in their around commercial vessels traffic to aggregate, or by the private sector of regulatory activities unless the agency avoid interruption of transits. Before the $100,000,000 (adjusted for inflation) or provides Congress, through the Office of effective period, we will issue maritime more in any one year. Though this rule Management and Budget, with an advisories widely available to users of will not result in such expenditure, we explanation of why using these the waterway. do discuss the effects of this rule standards would be inconsistent with Assistance for Small Entities elsewhere in this preamble. applicable law or otherwise impractical. Voluntary consensus standards are Under section 213(a) of the Small Taking of Private Property technical standards (e.g., specifications Business Regulatory Enforcement This rule will not cause a taking of of materials, performance, design, or Fairness Act of 1996 (Pub. L. 104–121), private property or otherwise have operation; test methods; sampling we offer to assist small entities in taking implications under Executive procedures; and related management understanding the rule so that they can Order 12630, Governmental Actions and systems practices) that are developed or better evaluate its effects on them and Interference with Constitutionally adopted by voluntary consensus participate in the rulemaking process. If Protected Property Rights. standards bodies. the rule would affect your small This rule does not use technical business, organization, or governmental Civil Justice Reform standards. Therefore, we did not jurisdiction and you have questions consider the use of voluntary consensus concerning its provisions or options for This rule meets applicable standards standards. compliance, please contact MST1 David in sections 3(a) and 3(b)(2) of Executive Labadie at the telephone number or Order 12988, Civil Justice Reform, to Environment e-mail address indicated under the FOR minimize litigation, eliminate We have analyzed this rule under FURTHER INFORMATION CONTACT section of ambiguity, and reduce burden. Department of Homeland Security this notice. Protection of Children Management Directive 023–01 and Small businesses may send comments Commandant Instruction M16475.lD, on the actions of Federal employees We have analyzed this rule under which guide the Coast Guard in who enforce, or otherwise determine Executive Order 13045, Protection of complying with the National compliance with, Federal regulations to Children from Environmental Health Environmental Policy Act of 1969 the Small Business and Agriculture Risks and Safety Risks. This rule is not (NEPA)(42 U.S.C. 4321–4370f), and Regulatory Enforcement Ombudsman an economically significant rule and have concluded that this action is one and the Regional Small Business does not create an environmental risk to of a category of actions that do not Regulatory Fairness Boards. The health or risk to safety that may individually or cumulatively have a Ombudsman evaluates these actions disproportionately affect children. significant effect on the human

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environment. This rule is categorically (4) Vessel operators given permission have questions on viewing the docket, excluded, under figure 2–1, paragraph to enter or operate in the regulated area call Renee V. Wright, Program Manager, (34)(g), of the Instruction. This rule must comply with all directions given to Docket Operations, telephone 202–366– involves the establishment of a safety them by the Captain of the Port or the 9826. zone. An environmental analysis designated on-scene representative. SUPPLEMENTARY INFORMATION: checklist and a categorical exclusion Dated: June 10, 2011. Regulatory Information determination are available in the John N. Healey, docket where indicated under The Coast Guard is issuing this Captain, U.S. Coast Guard, Captain of the ADDRESSES. temporary final rule without prior Port Boston. notice and opportunity to comment List of Subjects in 33 CFR Part 165 [FR Doc. 2011–15789 Filed 6–23–11; 8:45 am] pursuant to authority under section 4(a) Marine safety, Navigation (water), BILLING CODE 9110–04–P of the Administrative Procedure Act Reporting and recordkeeping (APA) (5 U.S.C. 553(b)). This provision requirements, Waterways. authorizes an agency to issue a rule DEPARTMENT OF HOMELAND without prior notice and opportunity to For the reasons discussed in the SECURITY preamble, the Coast Guard amends 33 comment when the agency for good CFR Part 165 as follows: Coast Guard cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary PART 165—REGULATED NAVIGATION 33 CFR Part 165 to the public interest.’’ Under 5 U.S.C. AREAS AND LIMITED ACCESS AREAS 553(b)(B), the Coast Guard finds that [Docket No. USCG–2011–0397] good cause exists for not publishing a ■ 1. The authority citation for part 165 notice of proposed rulemaking (NPRM) RIN 1625–AA00 continues to read as follows: with respect to this rule because the Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Safety Zone; Stockton Ports Baseball event would occur before the Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Club Fourth of July Fireworks Display, rulemaking process would be 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Stockton, CA completed. Because of the dangers Pub. L. 107–295, 116 Stat. 2064; Department posed by the pyrotechnics used in this of Homeland Security Delegation No. 0170.1. AGENCY: Coast Guard, DHS. fireworks display, the safety zone is ■ 2. Add § 165.T01–437 to read as ACTION: Temporary final rule. necessary to provide for the safety of follows: event participants, spectators, spectator SUMMARY: The Coast Guard is craft, and other vessels transiting the § 165.T01–437 Safety Zone; Fan Pier Yacht establishing a temporary safety zone in event area. For the safety concerns Club Fireworks, Boston Harbor, Boston, the navigable waters off of Weber Point noted, it is in the public interest to have Massachusetts. in Stockton, California in support of a these regulations in effect during the (a) General. A temporary safety zone fourth of July fireworks display. This event. is established for the fireworks display temporary safety zone is established to Under 5 U.S.C. 553(d)(3), the Coast as follows: ensure the safety of participants and Guard finds that good cause exists for (1) Location. All waters of Boston spectators from the dangers associated making this rule effective less than 30 Harbor, from surface to bottom, within with the pyrotechnics. Unauthorized days after publication in the Federal a 150-yard radius of position persons or vessels are prohibited from Register. Any delay in the effective date 42°21.13′ N; 071°02.11′ W. This position entering into, transiting through, or of this rule would expose mariners to is located in the Boston Harbor near the remaining in the safety zone without the dangers posed by the pyrotechnics Boston Fish Pier. permission of the Captain of the Port or used in the fireworks display. (2) Enforcement Period. This rule is a designated representative. effective and will be enforced from Basis and Purpose DATES: This rule is effective from 9:15 9:30 p.m. to 10 p.m. on June 30, 2011. p.m. through 10 p.m. on July 4, 2011. Stockton Ports Baseball Club will (b) Regulations. (1) In accordance sponsor the Stockton Ports Baseball with the general regulations in § 165.23 ADDRESSES: Documents indicated in this Club Fourth of July Fireworks Display of this part, entering into, transiting preamble as being available in the on July 4, 2011 on the navigable waters through, mooring or anchoring within docket are part of docket USCG–2011– off of Weber Point, in Stockton, this regulated area is prohibited unless 0397 and are available online by going California. The fireworks display is authorized by the Captain of the Port to http://www.regulations.gov, inserting meant for entertainment purposes. This (COTP) Boston, or the designated on- USCG–2011–0397 in the ‘‘Keyword’’ safety zone is issued to establish a scene representative. box, and then clicking ‘‘Search.’’ They temporary restricted area on the waters (2) The ‘‘on-scene representative’’ is are also available for inspection or surrounding the fireworks launch site any Coast Guard commissioned, copying two locations: the Docket during loading of the pyrotechnics, and warrant, or petty officer who has been Management Facility (M–30), U.S. during the fireworks display. This designated by the COTP Boston to act Department of Transportation, West restricted area around the launch site is on his behalf. The on-scene Building Ground Floor, Room W12–140, necessary to protect spectators, vessels, representative will be aboard either a 1200 New Jersey Avenue, SE., and other property from the hazards Coast Guard or Coast Guard Auxiliary Washington, DC 20590, between 9 a.m. associated with the pyrotechnics. The vessel. and 5 p.m., Monday through Friday, Coast Guard has granted the event (3) Vessel operators desiring to enter except Federal holidays. sponsor a marine event permit for the or operate within the regulated area FOR FURTHER INFORMATION CONTACT: If fireworks display. shall contact the COTP or the you have questions on this temporary designated on-scene representative via rule, call Lieutenant Junior Grade Liezl Discussion of Rule VHF channel 16 or 617–223–5750 Nicholas, U.S. Coast Guard Sector San During the set up of the fireworks and (Sector Boston command center) to Francisco, at (415) 399–7436 or e-mail until the start of the fireworks display, obtain permission to do so. [email protected]. If you the temporary safety zone applies to the

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navigable waters around the fireworks The Coast Guard certifies under 5 Unfunded Mandates Reform Act launch site within a radius of 100 feet. U.S.C. 605(b) that this rule will not have The Unfunded Mandates Reform Act From 9:30 p.m. until 9:50 p.m., the area a significant economic impact on a of 1995 (2 U.S.C. 1531–1538) requires to which the temporary safety zone substantial number of small entities. Federal agencies to assess the effects of applies will increase in size to This rule may affect owners and their discretionary regulatory actions. In encompass the navigable waters around operators of pleasure craft engaged in particular, the Act addresses actions the fireworks launch site within a radius recreational activities and sightseeing. that may result in the expenditure by a of 1,000 feet. The fireworks launch site This rule will not have a significant State, local, or tribal government, in the will be located on land in position economic impact on a substantial aggregate, or by the private sector of ° ′ ″ ° ′ ″ 37 57 15.69 N, 121 17 39.74 W (NAD number of small entities for several $100,000,000 or more in any one year. 83). reasons: (i) vessel traffic can pass safely Though this rule will not result in such The effect of the temporary safety around the area, (ii) vessels engaged in an expenditure, we do discuss the zone will be to restrict navigation in the recreational activities and sightseeing effects of this rule elsewhere in this vicinity of the fireworks launch site have ample space outside of the effected preamble. while the fireworks are set up, and until portion of the areas off of Stockton, CA Taking of Private Property the conclusion of the scheduled display. to engage in these activities, (iii) this Except for persons or vessels authorized rule will encompass only a small This rule will not effect a taking of by the Coast Guard Patrol Commander, portion of the waterway for a limited private property or otherwise have no person or vessel may enter or remain period of time, and (iv) the maritime taking implications under Executive in the restricted area. These regulations public will be advised in advance of this Order 12630, Governmental Actions and are needed to keep spectators and safety zone via Broadcast Notice to Interference with Constitutionally vessels a safe distance away from the Mariners. Protected Property Rights. fireworks launch site to ensure the Civil Justice Reform safety of participants, spectators, and Assistance for Small Entities transiting vessels. This rule meets applicable standards Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive Regulatory Analyses Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Fairness Act of 1996 (Pub. L. 104–121), We developed this rule after minimize litigation, eliminate we offer to assist small entities in ambiguity, and reduce burden. considering numerous statutes and understanding the rule so that they can executive orders related to rulemaking. better evaluate its effects on them and Protection of Children Below we summarize our analyses participate in the rulemaking process. We have analyzed this rule under based on 13 of these statutes or Executive Order 13045, Protection of executive orders. Small businesses may send comments on the actions of Federal employees Children from Environmental Health Regulatory Planning and Review who enforce, or otherwise determine Risks and Safety Risks. This rule is not an economically significant rule and This rule is not a significant compliance with, Federal regulations to does not create an environmental risk to regulatory action under section 3(f) of the Small Business and Agriculture health or risk to safety that may Executive Order 12866, Regulatory Regulatory Enforcement Ombudsman disproportionately affect children. Planning and Review, and does not and the Regional Small Business require an assessment of potential costs Regulatory Fairness Boards. The Indian Tribal Governments and benefits under section 6(a)(3) of that Ombudsman evaluates these actions annually and rates each agency’s This rule does not have tribal Order. The Office of Management and implications under Executive Order Budget has not reviewed it under that responsiveness to small business. If you wish to comment on actions by 13175, Consultation and Coordination Order. with Indian Tribal Governments, Although this rule restricts access to employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). because it does not have a substantial the waters encompassed by the safety direct effect on one or more Indian zone, the effect of this rule will not be The Coast Guard will not retaliate against small entities that question or tribes, on the relationship between the significant because the local waterway Federal Government and Indian tribes, users will be notified via public complain about this rule or any policy or action of the Coast Guard. or on the distribution of power and Broadcast Notice to Mariners to ensure responsibilities between the Federal the safety zone will result in minimum Collection of Information Government and Indian tribes. impact. The entities most likely to be affected are pleasure craft engaged in This rule calls for no new collection Energy Effects recreational activities. of information under the Paperwork We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions Small Entities 3520). Concerning Regulations That Under the Regulatory Flexibility Act Federalism Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered Distribution, or Use. We have whether this rule would have a A rule has implications for federalism determined that it is not a ‘‘significant significant economic impact on a under Executive Order 13132, energy action’’ under that order because substantial number of small entities. Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises effect on State or local governments and under Executive Order 12866 and is not small businesses, not-for-profit would either preempt State law or likely to have a significant adverse effect organizations that are independently impose a substantial direct cost of on the supply, distribution, or use of owned and operated and are not compliance on them. We have analyzed energy. The Administrator of the Office dominant in their fields, and this rule under that Order and have of Information and Regulatory Affairs governmental jurisdictions with determined that it does not have has not designated it as a significant populations of less than 50,000. implications for federalism. energy action. Therefore, it does not

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require a Statement of Energy Effects ■ 2. Add temporary § 165.T11–422 to DEPARTMENT OF HOMELAND under Executive Order 13211. read as follows: SECURITY Technical Standards § 165.T11–422 Safety Zone; Stockton Ports Coast Guard The National Technology Transfer Baseball Club Fourth of July Fireworks and Advancement Act (NTTAA) (15 Display, Stockton, CA. 33 CFR Part 165 U.S.C. 272 note) directs agencies to use (a) Location. (1) This temporary safety [Docket No. USCG–2011–0398] voluntary consensus standards in their zone is established for the waters off of regulatory activities unless the agency Weber Point in Stockton, CA. The RIN 1625–AA00 provides Congress, through the Office of fireworks launch site will be located on Safety Zone; Jameson Beach Fourth of Management and Budget, with an land in position 37°57′15.69″ N, July Fireworks Display explanation of why using these 121°17′39.74″ W (NAD 83). standards would be inconsistent with AGENCY: Coast Guard, DHS. applicable law or otherwise impractical. (2) During the loading of the ACTION: Temporary final rule. Voluntary consensus standards are fireworks, and until the start of the fireworks display, the temporary safety technical standards (e.g., specifications SUMMARY: The Coast Guard is of materials, performance, design, or zone applies to the navigable waters establishing a temporary safety zone in operation; test methods; sampling around the fireworks site within a the navigable waters of South Lake procedures; and related management radius of 100 feet. From 9:30 p.m. until Tahoe, for the Jameson Beach Fourth of systems practices) that are developed or 9:50 p.m. on July 4, 2010, the area to July Fireworks Display. This safety zone adopted by voluntary consensus which the temporary safety zone applies is established to ensure the safety of the standards bodies. will increase in size to encompass the participants and spectators from the This rule does not use technical navigable waters around the fireworks dangers associated with the standards. Therefore, we did not site within a radius of 1,000 feet. pyrotechnics. Unauthorized persons or consider the use of voluntary consensus (b) Definitions. As used in this vessels are prohibited from entering standards. section, ‘‘designated representative’’ into, transiting through, or remaining in Environment means a Coast Guard Patrol the safety zone without permission of Commander, including a Coast Guard We have analyzed this rule under the Captain of the Port or a designated Department of Homeland Security coxswain, petty officer, or other officer representative. Management Directive 0023.1 and operating a Coast Guard vessel and a DATES: This rule is effective from 9 a.m. Commandant Instruction M16475.lD, Federal, State, and local officer on July 3, 2011 through 10:15 p.m. on which guide the Coast Guard in designated by or assisting the Captain of July 4, 2011. complying with the National the Port San Francisco (COTP) in the ADDRESSES: Documents indicated in this Environmental Policy Act of 1969 enforcement of the safety zone. preamble as being available in the (NEPA) (42 U.S.C. 4321–4370f), and (c) Regulations. (1) Under the general docket are part of docket USCG–2011– have concluded this action is one of a regulations in § 165.23, entry into, 0398 and are available online by going category of actions which do not transiting, or anchoring within this to http://www.regulations.gov, selecting individually or cumulatively have a safety zone is prohibited unless the Advanced Docket Search option on significant effect on the human authorized by the COTP or the COTP’s the right side of the screen, inserting environment. This rule is categorically designated representative. USCG–2011–0398 in the Docket ID box, pressing Enter, and then clicking on the excluded, under figure 2–1, paragraph (2) The safety zone is closed to all item in the Docket ID column. They are (34)(g), of the Instruction. This rule vessel traffic, except as may be involves establishing a temporary safety also available for inspection or copying permitted by the COTP or a designated zone. at the Docket Management Facility (M– representative. An environmental analysis checklist 30), U.S. Department of Transportation, and a categorical exclusion (3) Vessel operators desiring to enter West Building Ground Floor, Room determination are available in the or operate within the safety zone must W12–140, 1200 New Jersey Avenue, SE., docket where indicated under contact the COTP or a designated Washington, DC 20590, between 9 a.m. ADDRESSES. representative to obtain permission to and 5 p.m., Monday through Friday, do so. Vessel operators given permission List of Subjects in 33 CFR Part 165 except Federal holidays. to enter or operate in the safety zone FOR FURTHER INFORMATION CONTACT: If Harbors, Marine safety, Navigation must comply with all directions given to you have questions on this temporary (water), Reporting and recordkeeping them by the COTP or the designated rule, call or e-mail Lieutenant Junior requirements, Security measures, and representative. Persons and vessels may Grade Liezl Nicholas, U.S. Coast Guard Waterways. request permission to enter the safety Sector San Francisco, at (415) 399–7436 For the reasons discussed in the zone on VHF–16 or through the 24-hour or at [email protected]. If preamble, the Coast Guard amends 33 Command Center at telephone (415) you have questions on viewing the CFR part 165 as follows: 399–3547. docket, call Renee V. Wright, Program PART 165—REGULATED NAVIGATION (d) Effective period. This section is Manager, Docket Operations, telephone AREAS AND LIMITED ACCESS AREAS effective from 9:15 p.m. to 10 p.m. on (202) 366–9826. July 4, 2011. SUPPLEMENTARY INFORMATION: ■ 1. The authority citation for part 165 Dated: June 9, 2011. Regulatory Information continues to read as follows: Cynthia. L. Stowe, The Coast Guard is issuing this Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Captain, U.S. Coast Guard, Captain of the temporary final rule without prior Chapter 701; 50 U.S.C. 191, 195; 33 CFR Port San Francisco. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. notice and opportunity to comment 107–295, 116 Stat. 2064; Department of [FR Doc. 2011–15793 Filed 6–23–11; 8:45 am] pursuant to authority under section 4(a) Homeland Security Delegation No. 0170.1. BILLING CODE 9110–04–P of the Administrative Procedure Act

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(APA) (5 U.S.C. 553(b)). This provision is scheduled to take place at 9 a.m. on owned and operated and are not authorizes an agency to issue a rule July 4, 2011. From 9:45 p.m. until dominant in their fields, and without prior notice and opportunity to 10 p.m. on July 4, 2011 the area to governmental jurisdictions with comment when the agency for good which the temporary safety zone applies populations of less than 50,000. cause finds that those procedures are will increase in size to encompass the The Coast Guard certifies under 5 ‘‘impracticable, unnecessary, or contrary navigable waters around and under the U.S.C. 605(b) that this rule will not have to the public interest.’’ Under 5 U.S.C. fireworks barge within a radius of 1,000 a significant economic impact on a 553(b)(B), the Coast Guard finds that feet. During the fireworks display, substantial number of small entities. good cause exists for not publishing a scheduled to commence at This rule may affect owners and notice of proposed rulemaking (NPRM) approximately 9:45 p.m. on July 4, 2011, operators of pleasure craft engaged in with respect to this rule because the the fireworks barge will be located in recreational activities and sightseeing. event would occur before the position 38° 56′24.89″ N, 120° 02′07.37″ This rule will not have a significant rulemaking process would be W (NAD 83). The fireworks display is economic impact on a substantial completed. Because of the dangers scheduled to last approximately fifteen number of small entities for several posed by the pyrotechnics used in this minutes. reasons: (i) Vessel traffic can pass safely fireworks display, the safety zone is The effect of the temporary safety around the area, (ii) vessels engaged in necessary to provide for the safety of zone will be to restrict navigation in the recreational activities and sightseeing event participants, spectator craft, and vicinity of the fireworks barge while the have ample space outside of the effected other vessels transiting the event area. fireworks are loaded, during the transit portion of Lake Tahoe to engage in these For the safety concerns noted, it is in of the fireworks barge, and until the activities, (iii) this rule will encompass the public interest to have these conclusion of the scheduled display. only a small portion of the waterway for regulations in effect during the event. Except for persons or vessels authorized a limited period of time, and (iv) the Under 5 U.S.C. 553(d)(3), the Coast by the Coast Guard Patrol Commander, maritime public will be advised in Guard finds that good cause exists for no person or vessel may enter or remain advance of this safety zone via making this rule effective less than 30 in the restricted area. These regulations Broadcast Notice to Mariners. days after publication in the Federal are needed to keep spectators and Register. Any delay in the effective date vessels a safe distance away from the Assistance for Small Entities of this rule would expose mariners to fireworks barge to ensure the safety of Under section 213(a) of the Small the dangers posed by the pyrotechnics participants, spectators, and transiting Business Regulatory Enforcement used in the fireworks display. vessels. Fairness Act of 1996 (Pub. L. 104–121), Background and Purpose Regulatory Analyses we offer to assist small entities in understanding the rule so that they can Document Systems Inc. will sponsor a We developed this rule after better evaluate its effects on them and fireworks display on July 4, 2011 in the considering numerous statutes and participate in the rulemaking process. waters of South Lake Tahoe. The executive orders related to rulemaking. fireworks display is meant for Below we summarize our analyses Small businesses may send comments entertainment purposes. This safety based on 13 of these statutes or on the actions of Federal employees zone is issued to establish a temporary executive orders. who enforce, or otherwise determine restricted area off of Jameson Beach in compliance with, Federal regulations to South Lake Tahoe, California while the Regulatory Planning and Review the Small Business and Agriculture pyrotechnics are being loaded on the This rule is not a significant Regulatory Enforcement Ombudsman pyrotechnics barge, transited to the regulatory action under section 3(f) of and the Regional Small Business launch location and during the Executive Order 12866, Regulatory Regulatory Fairness Boards. The fireworks display. This restricted area Planning and Review, and does not Ombudsman evaluates these actions around the launch barge is necessary to require an assessment of potential costs annually and rates each agency’s protect spectators, vessels, and other and benefits under section 6(a)(3) of that responsiveness to small business. If you property from the hazards associated Order. The Office of Management and wish to comment on actions by with the pyrotechnics on the fireworks Budget has not reviewed it under that employees of the Coast Guard, call barges. The Coast Guard has granted the Order. 1–888–REG–FAIR (1–888–734–3247). event sponsor a marine event permit for Although this rule restricts access to The Coast Guard will not retaliate the fireworks display. the waters encompassed by the safety against small entities that question or zone, the effect of this rule will not be complain about this rule or any policy Discussion of Rule significant because the local waterway or action of the Coast Guard. The Coast Guard is establishing a users will be notified via public Collection of Information temporary safety zone in the navigable Broadcast Notice to Mariners to ensure waters of South Lake Tahoe. During the the safety zone will result in minimum This rule calls for no new collection loading of the fireworks barge, while the impact. The entities most likely to be of information under the Paperwork barge is towed to the display location, affected are pleasure craft engaged in Reduction Act of 1995 (44 U.S.C. 3501– and until the start of the fireworks recreational activities. 3520). display, the temporary safety zone Federalism applies to the navigable waters around Small Entities and under the fireworks barge within a Under the Regulatory Flexibility Act A rule has implications for federalism radius of 100 feet. Loading of the (5 U.S.C. 601–612), we have considered under Executive Order 13132, pyrotechnics onto the fireworks barge is whether this rule would have a Federalism, if it has a substantial direct scheduled to commence at 9 a.m. on significant economic impact on a effect on State or local governments and July 3, 2011, and will take place at the substantial number of small entities. would either preempt State law or Tahoe Keys Marina in South Lake The term ‘‘small entities’’ comprises impose a substantial direct cost of Tahoe, California. Towing of the barge small businesses, not-for-profit compliance on them. We have analyzed from the Marina to the display location organizations that are independently this rule under that Order and have

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determined that it does not have of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. implications for federalism. has not designated it as a significant Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; energy action. Therefore, it does not 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Unfunded Mandates Reform Act require a Statement of Energy Effects Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The Unfunded Mandates Reform Act under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add temporary § 165.T11–423 to Technical Standards Federal agencies to assess the effects of read as follows: their discretionary regulatory actions. In The National Technology Transfer particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 165.T11–423 Safety Zone; Jameson that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Beach Fourth of July Fireworks Display. State, local, or tribal government, in the voluntary consensus standards in their (a) Location. This temporary safety aggregate, or by the private sector of regulatory activities unless the agency zone is established for the specified $100,000,000 or more in any one year. provides Congress, through the Office of waters of Lake Tahoe. Though this rule will not result in such Management and Budget, with an (1) Loading of the pyrotechnics onto an expenditure, we do discuss the explanation of why using these the fireworks barge will take place at 9 effects of this rule elsewhere in this standards would be inconsistent with a.m. at Tahoe Keys Marina in South preamble. applicable law or otherwise impractical. Lake Tahoe, CA, on July 3, 2011. Voluntary consensus standards are (2) Towing of the barge from the pier Taking of Private Property technical standards (e.g., specifications to the display location is scheduled to This rule will not affect a taking of of materials, performance, design, or take place at 9 a.m. on July 4, 2011. private property or otherwise have operation; test methods; sampling (3) During the fireworks display, taking implications under Executive procedures; and related management scheduled to commence at Order 12630, Governmental Actions and systems practices) that are developed or approximately 9:45 p.m. on July 4, 2011, Interference with Constitutionally adopted by voluntary consensus the fireworks barge will be located Protected Property Rights. standards bodies. approximately 1,000 feet off of Jameson This rule does not use technical Beach in South Lake Tahoe, CA in Civil Justice Reform ° ′ ″ ° ′ ″ standards. Therefore, we did not position 38 56 24.89 N, 120 02 07.37 This rule meets applicable standards consider the use of voluntary consensus W (NAD 83). in sections 3(a) and 3(b)(2) of Executive standards. (4) During the loading of the fireworks Order 12988, Civil Justice Reform, to barge, while the barge is towed to the minimize litigation, eliminate Environment display location, and until the start of ambiguity, and reduce burden. We have analyzed this rule under the fireworks display, the temporary safety zone applies to the navigable Protection of Children Department of Homeland Security Management Directive 0023.1 and waters around and under the fireworks We have analyzed this rule under Commandant Instruction M16475.lD, barge within a radius of 100 feet. From Executive Order 13045, Protection of which guide the Coast Guard in 9:45 p.m. until 10 p.m. on July 4, 2011, Children from Environmental Health complying with the National the area to which the temporary safety Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 zone applies will increase in size to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and encompass the navigable waters around does not create an environmental risk to have concluded this action is one of a and under the fireworks barge within a health or risk to safety that may category of actions which do not radius of 1,000 feet. disproportionately affect children. individually or cumulatively have a (b) Definitions. As used in this section, designated representative Indian Tribal Governments significant effect on the human environment. This rule is categorically means a Coast Guard Patrol This rule does not have tribal excluded, under Figure 2–1, paragraph Commander, including a Coast Guard implications under Executive Order (34)(g), of the Instruction, from further coxswain, petty officer, or other officer 13175, Consultation and Coordination environmental documentation. This rule operating a Coast Guard vessel and a with Indian Tribal Governments, involves establishing a temporary safety Federal, State, and local officer because it does not have a substantial zone. designated by or assisting the Captain of direct effect on one or more Indian An environmental analysis checklist the Port San Francisco (COTP) in the tribes, on the relationship between the and a categorical exclusion enforcement of the safety zone. Federal Government and Indian tribes, determination are available in the (c) Regulations. (1) Under the general or on the distribution of power and docket where indicated under regulations in § 165.23, entry into, responsibilities between the Federal ADDRESSES. transiting, or anchoring within this Government and Indian tribes. safety zone is prohibited unless List of Subjects in 33 CFR Part 165 authorized by the COTP or the COTP’s Energy Effects Harbors, Marine safety, Navigation designated representative. We have analyzed this rule under (water), Reporting and recordkeeping (2) The safety zone is closed to all Executive Order 13211, Actions requirements, Security measures, and vessel traffic, except as may be Concerning Regulations That Waterways. permitted by the COTP or the COTP’s Significantly Affect Energy Supply, For the reasons discussed in the designated representative. Distribution, or Use. We have preamble, the Coast Guard amends 33 (3) Vessel operators desiring to enter determined that it is not a ‘‘significant CFR part 165 as follows: or operate within the safety zone must energy action’’ under that order because contact the COTP or the COTP’s it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION representative to obtain permission to under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS do so. Vessel operators given permission likely to have a significant adverse effect to enter or operate in the safety zone on the supply, distribution, or use of ■ 1. The authority citation for part 165 must comply with all directions given to energy. The Administrator of the Office continues to read as follows: them by the COTP or the COTP’s

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designated representative. Persons and rule, call Lieutenant Junior Grade Liezl Discussion of Rule vessels may request permission to enter Nicholas at (415) 399–7436, or e-mail From 9 a.m. until 9:30 p.m. on July 3, the safety zone on VHF–16 or the 24- [email protected]. If 2011, the temporary safety zone will hour Command Center via telephone at you have questions on viewing the extend 100 feet while pyrotechnics are (415) 399–3547. docket, call Renee V. Wright, Program loaded onto the land launch site at (d) Effective period. This section is Manager, Docket Operations, telephone position 37°54′34.14″ N, 122°21′16.93″ effective from 9 a.m. on July 3, 2011 202–366–9826. W (NAD 83). The fireworks display will through 10:15 p.m. on July 4, 2011. SUPPLEMENTARY INFORMATION: occur from 9:30 p.m. until 9:50 p.m., Dated: June 9, 2011. during which the safety zone will Regulatory Information Cynthia. L. Stowe, extend 1,000 feet off of the Lucretia Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this Edwards Park land launch site at Port San Francisco. temporary final rule without prior position 37°51′40.34″ N, 122°19′19.59″ [FR Doc. 2011–15795 Filed 6–23–11; 8:45 am] notice and opportunity to comment W (NAD 83). At 10 p.m. the safety zone BILLING CODE 9110–04–P pursuant to authority under section 4(a) shall terminate. of the Administrative Procedure Act The effect of the temporary safety (APA) (5 U.S.C. 553(b)). This provision zone will be to restrict navigation in the DEPARTMENT OF HOMELAND authorizes an agency to issue a rule vicinity of the fireworks site while the SECURITY without prior notice and opportunity to fireworks are set up, and until the comment when the agency for good conclusion of the scheduled displays. Coast Guard cause finds that those procedures are Except for persons or vessels authorized ‘‘impracticable, unnecessary, or contrary by the Coast Guard Patrol Commander, 33 CFR Part 165 to the public interest.’’ Under 5 U.S.C. no person or vessel may enter or remain [Docket No. USCG–2011–0399] 553(b)(B), the Coast Guard finds that in the restricted area. These regulations good cause exists for not publishing a are needed to keep spectators and RIN 1625–AA00 notice of proposed rulemaking (NPRM) vessels a safe distance away from the launch site to ensure the safety of Safety Zone; Independence Day with respect to this rule because the event would occur before the participants, spectators, and transiting Fireworks Celebration for the City of vessels. Richmond, Richmond, CA rulemaking process would be completed. Because of the dangers Regulatory Analyses AGENCY: Coast Guard, DHS. posed by the pyrotechnics used in these We developed this rule after ACTION: Temporary final rule. fireworks displays, the safety zones are necessary to provide for the safety of considering numerous statutes and executive orders related to rulemaking. SUMMARY: The Coast Guard is event participants, spectators, spectator Below we summarize our analyses establishing a temporary safety zone in craft, and other vessels transiting the based on 13 of these statutes or the navigable waters of Richmond Inner event area. For the safety concerns executive orders. Harbor, off of the Lucretia Edwards Park noted, it would be impracticable to not in Richmond, CA in support of the have these regulations in effect during Regulatory Planning and Review Independence Day Fireworks the event. Celebration for the City of Richmond. This rule is not a significant Under 5 U.S.C. 553(d)(3), the Coast regulatory action under section 3(f) of This temporary safety zone is Guard finds that good cause exists for established to ensure the safety of Executive Order 12866, Regulatory making this rule effective less than 30 Planning and Review, and does not participants and spectators from the days after publication in the Federal dangers associated with the require an assessment of potential costs Register. Any delay in the effective date and benefits under section 6(a)(3) of that pyrotechnics. Unauthorized persons or of this rule would expose mariners to vessels are prohibited from entering Order. The Office of Management and the dangers posed by the pyrotechnics Budget has not reviewed it under that into, transiting through, or remaining in used in the fireworks display. the safety zone without permission of Order. the Captain of the Port or a designated Background and Purpose Although this rule restricts access to representative. the waters encompassed by the safety The City of Richmond will sponsor zone, the effect of this rule will not be DATES: This rule is effective from 9 a.m. the Independence Day Fireworks significant. The entities most likely to through 10 p.m. on July 3, 2011. Celebration for the City of Richmond on be affected are pleasure craft engaged in ADDRESSES: Documents indicated in this July 3, 2011, on the navigable waters of recreational activities. In addition, the preamble as being available in the Richmond Inner Harbor, off of the rule will only restrict access for a docket are part of docket USCG–2011– Lucretia Edwards Park, Richmond, limited time. Finally, the Public 0399 and are available online by going California. The fireworks display is Broadcast Notice to Mariners will notify to http://www.regulations.gov, inserting meant for entertainment purposes. This the users of local waterway to ensure USCG–2011–0399 in the ‘‘Keyword’’ temporary safety zone establishes a that the safety zone will result in box, and then clicking ‘‘Search.’’ They temporary restricted area on the waters minimum impact. are also available for inspection or surrounding the fireworks launch site copying at the Docket Management during the fireworks displays. This Small Entities Facility (M–30), U.S. Department of temporary safety zone around the Under the Regulatory Flexibility Act Transportation, West Building Ground launch site is necessary to protect (5 U.S.C. 601–612), we have considered Floor, Room W12–140, 1200 New Jersey spectators, vessels, and other property whether this rule would have a Avenue, SE., Washington, DC 20590, from the hazards associated with the significant economic impact on a between 9 a.m. and 5 p.m., Monday pyrotechnics over the water. The Coast substantial number of small entities. through Friday, except Federal holidays. Guard has granted the event sponsor a The term ‘‘small entities’’ comprises FOR FURTHER INFORMATION CONTACT: If marine event permit for the fireworks small businesses, not-for-profit you have questions on this temporary displays. organizations that are independently

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owned and operated and are not determined that it does not have of Information and Regulatory Affairs dominant in their fields, and implications for federalism. has not designated it as a significant governmental jurisdictions with energy action. Therefore, it does not Unfunded Mandates Reform Act populations of less than 50,000. require a Statement of Energy Effects The Coast Guard certifies under 5 The Unfunded Mandates Reform Act under Executive Order 13211. U.S.C. 605(b) that this rule will not have of 1995 (2 U.S.C. 1531–1538) requires a significant economic impact on a Federal agencies to assess the effects of Technical Standards substantial number of small entities. their discretionary regulatory actions. In The National Technology Transfer Although this rule may affect owners particular, the Act addresses actions and Advancement Act (NTTAA) (15 and operators of pleasure craft engaged that may result in the expenditure by a U.S.C. 272 note) directs agencies to use in recreational activities and State, local, or tribal government, in the voluntary consensus standards in their sightseeing, it will not have a significant aggregate, or by the private sector of regulatory activities unless the agency economic impact on a substantial $100,000,000 or more in any one year. provides Congress, through the Office of number of small entities for several Though this rule will not result in such Management and Budget, with an reasons: (i) This rule will encompass an expenditure, we do discuss the explanation of why using these only a small portion of the waterway for effects of this rule elsewhere in this standards would be inconsistent with a limited period of time; (ii) vessel preamble. applicable law or otherwise impractical. traffic can pass safely around the area; Voluntary consensus standards are Taking of Private Property (iii) vessels engaged in recreational technical standards (e.g., specifications activities and sightseeing have ample This rule will not effect a taking of of materials, performance, design, or space outside of the affected areas of private property or otherwise have operation; test methods; sampling San Francisco Bay, CA, to engage in taking implications under Executive procedures; and related management these activities; and (iv) the maritime Order 12630, Governmental Actions and systems practices) that are developed or public will be advised in advance of this Interference with Constitutionally adopted by voluntary consensus safety zone via Broadcast Notice to Protected Property Rights. standards bodies. Mariners. Civil Justice Reform This rule does not use technical standards. Therefore, we did not Assistance for Small Entities This rule meets applicable standards consider the use of voluntary consensus Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive standards. Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate Environment we offer to assist small entities in ambiguity, and reduce burden. We have analyzed this rule under understanding the rule so that they can Protection of Children Department of Homeland Security better evaluate its effects on them and Management Directive 0023.1 and participate in the rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions which do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments significant effect on the human Ombudsman evaluates these actions environment. This rule is categorically annually and rates each agency’s This rule does not have tribal excluded, under Figure 2–1, paragraph responsiveness to small business. If you implications under Executive Order (34)(g), of the Instruction. This rule wish to comment on actions by 13175, Consultation and Coordination involves establishing, disestablishing, or employees of the Coast Guard, call with Indian Tribal Governments, changing Regulated Navigation Areas 1–888–REG–FAIR (1–888–734–3247). because it does not have a substantial and security or safety zones. The Coast Guard will not retaliate direct effect on one or more Indian An environmental analysis checklist against small entities that question or tribes, on the relationship between the and a categorical exclusion complain about this rule or any policy Federal Government and Indian tribes, determination are available in the or action of the Coast Guard. or on the distribution of power and docket where indicated under responsibilities between the Federal ADDRESSES. Collection of Information Government and Indian tribes. List of Subjects in 33 CFR Part 165 This rule calls for no new collection Energy Effects of information under the Paperwork Harbors, Marine safety, Navigation Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under (water), Reporting and recordkeeping 3520). Executive Order 13211, Actions requirements, Security measures, and Concerning Regulations That Federalism Waterways. Significantly Affect Energy Supply, For the reasons discussed in the A rule has implications for federalism Distribution, or Use. We have preamble, the Coast Guard amends 33 under Executive Order 13132, determined that it is not a ‘‘significant CFR part 165 as follows: Federalism, if it has a substantial direct energy action’’ under that order because effect on State or local governments and it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION would either preempt State law or under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS impose a substantial direct cost of likely to have a significant adverse effect compliance on them. We have analyzed on the supply, distribution, or use of ■ 1. The authority citation for part 165 this rule under that Order and have energy. The Administrator of the Office continues to read as follows:

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Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. to enter or operate in the safety zone measurement techniques and greater Chapter 701; 50 U.S.C. 191, 195; 33 CFR must comply with all directions given to flexibility in the selection of analytical 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. them by the COTP or the designated methods, thereby reducing monitoring 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. representative. Persons and vessels may costs while maintaining public health request permission to enter the safety protection. ■ 2. Add temporary § 165.T11–424 to zones on VHF–16 or through the 24- read as follows: hour Command Center at telephone DATES: This action is effective June 24, (415) 399–3547. 2011. § 165.T11–424 Safety Zone; Independence (d) Effective period. This section is Day Fireworks Celebration for the City of FOR FURTHER INFORMATION CONTACT: Safe Richmond, Richmond, CA. effective from 9 a.m. through 10 p.m. on Drinking Water Hotline (800) 426–4791 July 3, 2011. (a) Location. (1) This temporary safety or Glynda Smith, Technical Support zone is established for the navigable Dated: June 9, 2011. Center, Standards and Risk Management waters of Richmond Inner Harbor, off of Cynthia L. Stowe, Division, Office of Ground Water and the Lucretia Edwards Park, Richmond, Captain, U.S. Coast Guard, Captain of the Drinking Water (MS 140), CA. The fireworks launch site will be Port San Francisco. Environmental Protection Agency, 26 West Martin Luther King Drive, located in position: 37°54′34.14″ N, [FR Doc. 2011–15798 Filed 6–23–11; 8:45 am] Cincinnati, OH 45268; telephone 122°21′16.93″ W (NAD 83). BILLING CODE 9110–04–P (2) From 9 a.m. until 9:30 p.m., the number: (513) 569–7652; e-mail address: temporary safety zone will extend 100 [email protected]. feet while pyrotechnics are loaded onto ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: the land launch site. From 9:30 p.m. AGENCY until 9:50 p.m., the area to which the I. General Information temporary safety zone applies will 40 CFR Part 141 A. Does this action apply to me? encompass the navigable waters around [EPA–HQ–OW–2011–0413; FRL–9322–3] the fireworks launch site off of the Public water systems are the regulated entities required to measure Lucretia Edwards Park within a radius Expedited Approval of Alternative Test of 1,000 feet. At 10 p.m., the safety zone contaminants in drinking water Procedures for the Analysis of samples. In addition, EPA Regions as shall terminate. Contaminants Under the Safe Drinking (b) Definitions. As used in this well as States and Tribal governments Water Act; Analysis and Sampling with authority to administer the section, ‘‘designated representative’’ Procedures means a Coast Guard Patrol regulatory program for public water Commander, including a Coast Guard AGENCY: Environmental Protection systems under SDWA may also measure coxswain, petty officer, or other officer Agency (EPA). contaminants in water samples. When operating a Coast Guard vessel and a ACTION: Final rule. EPA sets a monitoring requirement in its Federal, State, and local officer national primary drinking water designated by or assisting the Captain of SUMMARY: This action announces the regulations for a given contaminant, the the Port San Francisco (COTP) in the Environmental Protection Agency’s Agency also establishes in the enforcement of the safety zone. (EPA’s) approval of alternative testing regulations standardized test procedures (c) Regulations. (1) Under the general methods for use in measuring the levels for analysis of the contaminant. This regulations in § 165.23, entry into, of contaminants in drinking water and action makes alternative testing transiting, or anchoring within this determining compliance with national methods available for particular safety zone is prohibited unless primary drinking water regulations. The drinking water contaminants beyond the authorized by the COTP or the COTP’s Safe Drinking Water Act (SDWA) testing methods currently established in designated representative. authorizes EPA to approve the use of the regulations. EPA is providing public (2) The safety zone is closed to all alternative testing methods through water systems required to test water vessel traffic, except as may be publication in the Federal Register. EPA samples with a choice of using either a permitted by the COTP or a designated is using this streamlined authority to test procedure already established in the representative. make 11 additional methods available existing regulations or an alternative test (3) Vessel operators desiring to enter for analyzing drinking water samples procedure that has been approved in or operate within the safety zone must required by regulation. This expedited this action or in prior expedited contact the COTP or a designated approach provides public water approval actions. Categories and entities representative to obtain permission to systems, laboratories, and primacy that may ultimately be affected by this do so. Vessel operators given permission agencies with more timely access to new action include:

Category Examples of potentially regulated entities NAICS 1

State, Local, & Tribal Gov- States, local and tribal governments that analyze water samples on behalf of public water systems 924110 ernments. required to conduct such analysis; States, local and tribal governments that themselves operate community and non-transient non-community water systems required to monitor. Industry ...... Private operators of community and non-transient non-community water systems required to monitor 221310 Municipalities ...... Municipal operators of community and non-transient non-community water systems required to mon- 924110 itor. 1 North American Industry Classification System.

This table is not exhaustive, but rather action. This table lists the types of Other types of entities not listed in the provides a guide for readers regarding entities that EPA is now aware could table could also be impacted. To entities likely to be affected by this potentially be affected by this action. determine whether your facility is

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affected by this action, you should regulations or the alternative testing the quality control and testing carefully examine the applicability methods being approved in this action procedures listed in the regulation.’’ language in the Code of Federal or in prior expedited approval actions. Accordingly, this action makes these Regulations (CFR) at 40 CFR 141.2 The new methods are listed in additional (and optional) 11 analytical (definition of public water system). If Appendix A to Subpart C of Part 141 methods legally available for meeting you have questions regarding the and on EPA’s drinking water methods EPA’s monitoring requirements. applicability of this action to a Web site at http://water.epa.gov/scitech/ This action does not add regulatory particular entity, consult the person drinkingwater/labcert/ language, but does, for informational _ listed in the preceding FOR FURTHER analyticalmethods expedited.cfm. purposes, update an appendix to the INFORMATION CONTACT section. This action also corrects the entry for regulations at 40 CFR Part 141 that lists dalapon in Appendix A to Subpart C of all methods approved under Section B. How can I get copies of this document Part 141. In an earlier expedited and other related information? 1401(1) of SDWA. Accordingly, while methods approval action, Standard this action is not a rule, it is updating Docket. EPA established a docket for Methods 6640 B and 6640 B–01 were CFR text and therefore is being this action under Docket ID No. EPA– incorrectly listed under the same published in the ‘‘Final Rules’’ section HQ–OW–2011–0413. Publicly available analytical methodology as EPA Method of the Federal Register. docket materials are available either 557 for the determination of dalapon in electronically through http:// drinking water. This action amends the III. Summary of Approvals dalapon entry to specify the appropriate www.regulations.gov or in hard copy at EPA is approving 11 methods that are the Water Docket in the EPA Docket methodology for each of these methods. This action also revised entries in equally effective relative to methods Center, (EPA/DC) EPA West, Room previously promulgated in the 3334, 1301 Constitution Ave., NW., Appendix A to Subpart C of Part 141 for arsenic, barium, beryllium, cadmium, regulations. By means of this notice, Washington, DC. Copyrighted materials these 11 methods are added to are available only in hard copy. The calcium, chromium, copper, lead, magnesium, nickel, selenium, silica, Appendix A to Subpart C of 40 CFR Part EPA Docket Center Public Reading 141. Room is open from 8:30 a.m. to 4:30 sodium, iron, manganese, and silver to p.m., Monday through Friday, excluding include the footnote citation for EPA A. Methods Developed by Voluntary legal holidays. The telephone number Method 200.5, Revision 4.2. Consensus Standard Bodies (VCSB) for the Public Reading Room is (202) B. What is the basis for this action? 1. Standard Methods for the 566–1744, and the telephone number for When EPA determines that an Examination of Water and Wastewater the Water Docket is (202) 566–2426. alternative analytical method is (Standard Methods). EPA compared the Abbreviations and Acronyms Used in ‘‘equally effective’’ (i.e., as effective as a most recent versions of four Standard This Action method that has already been Methods to earlier versions of those promulgated in the regulations), SDWA methods that are currently approved in APHA: American Public Health Association CFR: Code of Federal Regulations allows EPA to approve the use of the 40 CFR 141 and 143. Changes between EPA: Environmental Protection Agency alternative method through publication the earlier approved version and the NAICS: North American Industry in the Federal Register. (See Section most recent version of each method are Classification System 1401(1) of SDWA.) EPA is using this summarized in Smith (2011). The NEMI: National Environmental Methods streamlined approval authority to make revisions primarily involve editorial Index 11 additional methods available for changes (i.e., corrections of errors, QC: Quality Control determining contaminant procedural clarifications, and SDWA: Safe Drinking Water Act concentrations in samples collected reorganization of text). The revised VCSB: Voluntary Consensus Standard Bodies under SDWA. EPA has determined that, methods are the same as the earlier II. Background for each contaminant or group of approved versions with respect to the contaminants listed in Section III, the chemistry, sample handling protocols, A. What is the purpose of this action? additional testing methods being and method performance data. The new In this action, EPA is approving 11 approved in this action are as effective versions are thus equally effective analytical methods for determining as one or more of the testing methods relative to those that are currently contaminant concentrations in samples already approved in the regulations for approved in the regulations. Therefore, collected under SDWA. Regulated those contaminants. Section 1401(1) of EPA is approving the use of the four parties required to sample and monitor SDWA states that the newly approved updated Standard Methods for the may use either the testing methods methods ‘‘shall be treated as an contaminants and their respective already established in existing alternative for public water systems to regulations listed in the following table:

Standard method Standard method revised version currently approved version Contaminant Regulation

6651 B, 21st edition (APHA 2005) ...... 6651 B, 20th edition (APHA 1998) ...... Glyphosate ...... 40 CFR 141.24(e)(1). 6651 B–00, (APHA 2000) ...... 6651 B, 20th edition (APHA 1998) ...... Glyphosate ...... 40 CFR 141.24(e)(1). 3114 B–09 (APHA 2009) ...... 3114 B–97 (APHA 1997) ...... Arsenic ...... 40 CFR 141.23(k)(1). Selenium ...... 40 CFR 141.23(k)(1). 3113 B–04 (APHA 2004) ...... 3113 B, 19th edition (APHA 1995) ...... Antimony ...... 40 CFR 141.23(k)(1). Arsenic ...... 40 CFR 141.23(k)(1). Barium ...... 40 CFR 141.23(k)(1). Beryllium ...... 40 CFR 141.23(k)(1). Cadmium ...... 40 CFR 141.23(k)(1). Chromium ...... 40 CFR 141.23(k)(1). Copper ...... 40 CFR 141.23(k)(1). Lead ...... 40 CFR 141.23(k)(1).

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Standard method Standard method revised version currently approved version Contaminant Regulation

Nickel ...... 40 CFR 141.23(k)(1). Selenium ...... 40 CFR 141.23(k)(1). Aluminum ...... 40 CFR 143.4(b). Iron ...... 40 CFR 143.4(b). Manganese ...... 40 CFR 143.4(b). Silver ...... 40 CFR 143.4(b).

Two additional Standard Methods, Silvex), dinoseb, pentachlorophenol, in Smith (2011). The revisions primarily 6640 B, published in the 21st edition and picloram as cited at 40 CFR involve editorial changes (i.e., updated (APHA 2005), and its identical online 141.24(e)(1). Therefore, in this action references, definitions, terminology, and version, 6640 B–01 (APHA 2001), were EPA is expanding approval of Standard reorganization of text). The revised approved in a previous expedited Method 6640 B and Standard Method methods are the same as the approved methods approval action for 6640 B–01 for determining 2,4–D, 2,4,5– versions with respect to sample determining dalapon in drinking water TP (i.e., Silvex), dinoseb, collection and handling protocols, (75 FR 32295, June 8, 2010) (USEPA pentachlorophenol, and picloram in sample preparation, analytical 2010). Standard Method 6640 B was drinking water. The 21st edition can be methodology, and method performance developed directly from EPA Method obtained from the American Public data. In addition, the revised version of 515.4 (USEPA 2000), and thus entails Health Association (APHA), 800 I Street, the ASTM method for the radiochemical the identical sample collection/handling NW., Washington, DC 20001–3710. protocols, sample preparation and Online versions of Standard Methods determination of uranium (ASTM derivatization steps, chromatographic are available at http:// Method D3972–09) expands the QC conditions, and detection. The method www.standardmethods.org. requirements beyond those required in performance data (e.g., detection levels, 2. ASTM International. EPA the previous version. EPA has thus accuracy and precision) specified in compared the most recent versions of determined that the new versions are Standard Method 6640 B and EPA three ASTM International methods to equally effective relative to those Method 515.4 are identical. In addition the earlier versions of those methods currently in the regulations. Therefore, to addressing dalapon, EPA Method that are currently approved in 40 CFR EPA is approving the use of the three 515.4 is also an approved method for 141. Changes between the earlier updated ASTM methods for the analyzing drinking water compliance approved version and the most recent contaminants and their respective samples for 2,4–D, 2,4,5–TP (i.e., version of each method are summarized regulations listed in the following table:

ASTM revised version ASTM approved version Contaminant Regulation

D1067–06 B (ASTM 2006) ...... D1067–02 B (ASTM 2002a) ...... Alkalinity ...... 40 CFR 141.23(k)(1). D6919–09 (ASTM 2009a) ...... D6919–03 (ASTM 2003) ...... Sodium ...... 40 CFR 141.23(k)(1). Magnesium ...... 40 CFR 141.23(k)(1). Calcium ...... 40 CFR 141.23(k)(1). D3972–09 (ASTM 2009b) ...... D3972–02 (ASTM 2002b) ...... Uranium ...... 40 CFR 141.25(a).

The ASTM methods are available conducted by the vendor to compare the the inter-laboratory study. The method from ASTM International, 100 Barr method performance of the Hach is also a ‘‘green’’ alternative to approved Harbor Drive, West Conshohocken, PA Company TNTplus 835/836 nitrate nitrate methods that use the toxic metal, 19428–2959 or http://www.astm.org. method 10206 to the performance of cadmium. Therefore, EPA is approving the Hach Company TNTplus 835/836 B. Methods Developed by Vendors three approved methods: EPA Method 353.2 (USEPA 1993a), EPA Method nitrate method 10206 for determining 1. Hach Company TNTplusTM 835/ 300.0 (USEPA 1993b), and Standard nitrate concentrations in drinking water. ¥ 836 Nitrate Method 10206 (Hach Method 4500–NO3 E (APHA 1998). The Hach Company TNTplus 835/836 Company 2011a). The Hach Company Three laboratories analyzed a variety of nitrate method 10206 can be obtained TNTplus 835/836 nitrate method 10206 matrices (e.g., low ionic strength, high from Hach Company, 5600 Lindbergh uses spectrophotometric analysis to ionic strength, and drinking water Drive, P.O. Box 389, Loveland, Colorado determine nitrate concentrations in samples derived from both surface water 80539, phone: (970) 669–3050. drinking water. The method involves and ground water sources). The samples 2. Hach Company SPADNS 2 the following steps: were analyzed for nitrate by running (Arsenic-free) Fluoride Method 10225 • Electrophilic substitution of the approved methods alongside the Hach (Hach Company 2011b). The Hach dimethylphenol reagent results in a Company TNTplus 835/836 nitrate Company SPADNS 2 (Arsenic-free) colored nitro-dimethylphenol product, method 10206. EPA has determined that Fluoride Method 10225 uses and the Hach Company TNTplus 835/836 spectrophotometric analysis to • Colorimetric measurement of the nitrate method 10206 is as effective as determine fluoride concentrations in absorbance at 345 nm is directly EPA Method 353.2, EPA Method 300.0, drinking water. The currently approved ¥ proportional to the concentration of the and Standard Method 4500–NO3 E. method using SPADNS chemistry for nitrate in the sample. The basis for this determination is determining fluoride concentrations, The currently approved methods for discussed in the validation study report Standard Method 4500–F¥ D (APHA nitrate are listed at 40 CFR 141.23(k)(1). (Hach Company 2010a) which 1998), is listed at 40 CFR 141.23(k)(1). An inter-laboratory study was summarizes the results obtained from As described in the approved method,

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the presence of residual chlorine in V. References Drive, West Conshohocken, PA 19428– 2959. (Available at http://www.astm.org.) water is a known interferent and the American Public Health Association (APHA). method specifies addition of sodium ASTM International. 2003. ASTM D 6919–03. 1995. 19th Edition of Standard Methods Standard Test Method for Determination arsenite to quench the chlorine. The for the Examination of Water and of Dissolved Alkali and Alkaline Earth Hach Company SPADNS 2 (Arsenic- Wastewater, American Public Health Cations and Ammonium in Water and free) Fluoride Method 10225 replaces Association, 800 I Street, NW., Wastewater by Ion Chromatography. sodium arsenite with a proprietary non- Washington, DC 20001–3710. ASTM International, 100 Barr Harbor toxic, non-hazardous chlorine American Public Health Association (APHA). Drive, West Conshohocken, PA 19428– scavenger. An inter-laboratory study 1997. Standard Method 3114 B–97. 2959. (Available at http://www.astm.org.) Arsenic and Selenium by Hydride ASTM International. 2006. ASTM D 1067–06 was conducted by the vendor to Generation/Atomic Absorption B. Standard Test Methods for Acidity or compare the method performance of the Spectrometry. Manual Hydride Alkalinity of Water. Method B— Hach Company SPADNS 2 (Arsenic- Generation/Atomic Spectrometric Electrometric or Color-Change Titration. free) Fluoride method 10225 to the Method. Approved by Standard Methods ASTM International, 100 Barr Harbor performance of the approved SPADNS Committee 1997. Standard Methods Drive, West Conshohocken, PA 19428– method. Three laboratories analyzed a Online. (Available at http:// 2959. (Available at http://www.astm.org.) variety of matrices (e.g., low ionic www.standardmethods.org.) ASTM International. 2009a. ASTM D 6919– 09. Standard Test Method for strength, high ionic strength, distilled American Public Health Association (APHA). 1998. 20th Edition of Standard Methods Determination of Dissolved Alkali and and undistilled chlorinated drinking for the Examination of Water and Alkaline Earth Cations and Ammonium water samples derived from both surface Wastewater, American Public Health in Water and Wastewater by Ion water and ground water sources). The Association, 800 I Street, NW., Chromatography. ASTM International, samples were analyzed for fluoride by Washington, DC 20001–3710. 100 Barr Harbor Drive, West running the approved method alongside American Public Health Association (APHA). Conshohocken, PA 19428–2959. 2000. Standard Method 6651 B–00. (Available at http://www.astm.org.) the Hach Company SPADNS 2 (Arsenic- ASTM International. 2009b. ASTM D 3972– free) Fluoride Method 10225. EPA has Glyphosate Herbicide. Liquid Chromatographic Post-Column 09. Standard Test Method for Isotopic determined that the Hach Company Fluorescence Method. Approved by Uranium in Water by Radiochemistry. SPADNS 2 (Arsenic-free) Fluoride Standard Methods Committee 2000. ASTM International, 100 Barr Harbor Method 10225 is as effective as Standard Methods Online. (Available at Drive, West Conshohocken, PA 19428– ¥ 2959. (Available at http://www.astm.org.) Standard Method 4500–F D. The basis http://www.standardmethods.org.) Hach Company. 2010a. ATP evaluation of the American Public Health Association (APHA). for this determination is discussed in Hach Company TNTplus 835/836 2001. Standard Method 6640 B–01. the validation study report (Hach Spectrometric Method for Measurement Acidic Herbicide Compounds. Micro Company 2010b) which summarizes the of Nitrate. November 2010. 5600 results obtained from the inter- Liquid-Liquid Extraction Gas Lindbergh Drive, P.O. Box 389, Chromatographic Method. Approved by Loveland, Colorado 80539. laboratory study. Therefore, EPA is Standard Methods Committee 2001. approving the Hach Company SPADNS Hach Company. 2010b. ATP evaluation of the Standard Methods Online. (Available at Hach Company SPADNS 2 (Arsenic-free) 2 (Arsenic-free) Fluoride Method 10225 http://www.standardmethods.org.) for determining fluoride concentrations Spectrophotometric Method for American Public Health Association (APHA). Measurement of Fluoride. August 2010. in drinking water. The Hach Company 2004. Standard Method 3113 B–04. 5600 Lindbergh Drive, P.O. Box 389, SPADNS (Arsenic-free) Fluoride Metals by Electrothermal Atomic Loveland, Colorado 80539. Method 10225 can be obtained from Absorption Spectrometry. Electrothermal Hach Company. 2011a. Hach Company Hach Company, 5600 Lindbergh Drive, Atomic Absorption Spectrometric TNTplusTM 835/836 Nitrate Method P.O. Box 389, Loveland, Colorado Method. Approved by Standard Methods 10206—Spectrophotometric Committee 2004. Standard Methods 80539, phone: (800) 227–4224. Measurement of Nitrate in Water and Online. (Available at http:// Wastewater. January 2011. 5600 IV. Statutory and Executive Order www.standardmethods.org.) Lindbergh Drive, P.O. Box 389, Reviews American Public Health Association (APHA). Loveland, Colorado 80539. (Available at 2005. 21st Edition of Standard Methods http://www.hach.com.) As noted in Section II, under the for the Examination of Water and Hach Company. 2011b. Hach Company Wastewater, American Public Health SPADNS 2 (Arsenic-free) Fluoride terms of SDWA Section 1401(1), this Association, 800 I Street, NW., streamlined method approval action is Method 10225—Spectrophotometric Washington, DC 20001–3710. Measurement of Fluoride in Water and not a rule. Accordingly, the American Public Health Association (APHA). Wastewater. January 2011. 5600 Congressional Review Act, 5 U.S.C. 801 2009. Standard Method 3114 B–09. Lindbergh Drive, P.O. Box 389, et seq., as added by the Small Business Arsenic and Selenium by Hydride Loveland, Colorado 80539. (Available at Regulatory Enforcement Fairness Act of Generation/Atomic Absorption http://www.hach.com.) 1996, does not apply because this action Spectrometry. Manual Hydride Smith, G. 2011. Memo to the record is not a rule for purposes of 5 U.S.C. Generation/Atomic Absorption describing basis for expedited approval Spectrometric Method. Approved by of updated methods from Standard 804(3). Similarly, this action is not Standard Methods Committee 2009. subject to the Regulatory Flexibility Act Methods and ASTM International. Standard Methods Online. (Available at February 01, 2011. because it is not subject to notice and http://www.standardmethods.org.) USEPA. 1993a. EPA Method 353.2, Revision comment requirements under the ASTM International. 2002a. ASTM D 1067– 2.0, Determination of Nitrate-Nitrite Administrative Procedure Act or any 02 B. Standard Test Methods for Acidity Nitrogen by Automated Colorimetry, other statute. In addition, because this or Alkalinity of Water. Method B— August 1993. (Available through NEMI at approval action is not a rule but simply Electrometric or Color-Change Titration. https://www.nemi.gov/apex/f?p= makes alternative (optional) testing ASTM International, 100 Barr Harbor 237:1:1657930759454130.) methods available for monitoring under Drive, West Conshohocken, PA 19428– USEPA. 1993b. EPA Method 300.0, Revision 2959. (Available at http://www.astm.org.) 2.1. Determination of Inorganic Anions SDWA, EPA has concluded that other ASTM International. 2002b. ASTM D 3972– by Ion Chromatography. August 1993. statutes and executive orders generally 02. Standard Test Method for Isotopic (Available through NEMI at https:// applicable to rulemaking do not apply Uranium in Water by Radiochemistry. www.nemi.gov/apex/ to this approval action. ASTM International, 100 Barr Harbor f?p=237:1:1657930759454130.)

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USEPA. 2000. EPA Method 515.4, PART 141—NATIONAL PRIMARY ‘‘Dibromochloropropane (DBCP)’’ in the Determination of Chlorinated Acids in DRINKING WATER REGULATIONS table entitled ‘‘Alternative testing Drinking Water by Liquid-Liquid methods for contaminants listed at 40 Extraction, Derivatization, and Fast Gas ■ 1. The authority citation for Part 141 CFR 141.24(e)(1).’’ Chromatography with Electron Capture continues to read as follows: ■ e. By adding the entry for Detection, EPA 815–B–00–001, April Authority: 42 U.S.C. 300f, 300g–1, 300j– ‘‘Glyphosate’’ after the entry for ‘‘Ethyl 2000. (Available at http://water.epa.gov/ 4, and 300j–9. dibromide (EDB)’’ in the table entitled scitech/drinkingwater/labcert/analytical ‘‘Alternative testing methods for _ ■ 2. Appendix A to Subpart C of Part methods ogwdw.cfm.) contaminants listed at 40 CFR USEPA. 2010. Expedited Approval of 141 is amended as follows: ■ 141.24(e)(1).’’ Alternative Test Procedures for the a. By revising entries for ‘‘Alkalinity,’’ ‘‘Antimony,’’ ‘‘Arsenic,’’ ‘‘Barium,’’ ■ f. By adding entries for Analysis of Contaminants Under the Safe ‘‘Pentachlorophenol’’ and ‘‘Picloram’’ Drinking Water Act; Analysis and ‘‘Beryllium,’’ ‘‘Cadmium,’’ ‘‘Calcium,’’ ‘‘Chromium,’’ ‘‘Copper,’’ ‘‘Fluoride,’’ after the entry for ‘‘Oxamyl’’ in the table Sampling Procedures. 75 FR 32295. June entitled ‘‘Alternative testing methods for 8, 2010. ‘‘Lead,’’ ‘‘Magnesium,’’ ‘‘Nickel,’’ ‘‘Nitrate,’’ ‘‘Selenium,’’ ‘‘Silica, ’’ and contaminants listed at 40 CFR List of Subjects in 40 CFR Part 141 ‘‘Sodium’’ in the table entitled 141.24(e)(1).’’ ‘‘Alternative testing methods for ■ g. By revising the entry for ‘‘Uranium’’ Chemicals, Environmental protection, contaminants listed at 40 CFR in the table entitled ‘‘Alternative testing Indians—lands, Intergovernmental 141.23(k)(1).’’ methods for contaminants listed at 40 relations, Radiation protection, ■ b. By revising the entry for ‘‘Dalapon’’ CFR 141.25(a).’’ Reporting and recordkeeping in the table entitled ‘‘Alternative testing ■ h. By revising entries for requirements, Water supply. methods for contaminants listed at 40 ‘‘Aluminum,’’ ‘‘Iron,’’ ‘‘Manganese,’’ Dated: June 16, 2011. CFR 141.24(e)(1).’’ and ‘‘Silver’’ in the table entitled ■ c. By adding entries for ‘‘2,4–D’’ and ‘‘Alternative testing methods for Cynthia C. Dougherty, ‘‘2,4,5–TP (Silvex)’’ after the entry for contaminants listed at 40 CFR 143.4(b).’’ Director, Office of Ground Water and Drinking ‘‘Xylenes (total)’’ in the table entitled Appendix A to Subpart C of Part 141— Water. ‘‘Alternative testing methods for Alternative Testing Methods Approved contaminants listed at 40 CFR For the reasons stated in the for Analyses Under the Safe Drinking 141.24(e)(1).’’ preamble, 40 CFR Part 141 is amended Water Act. as follows: ■ d. By adding the entry for ‘‘Dinoseb’’ after the entry for * * * * *

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Alkalinity ...... Titrimetric ...... 2320 B ...... D 1067–06 B. Antimony ...... Hydride—Atomic Absorption ...... D 3697–07. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Arsenic ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 .. D 2972–08 C. Hydride Atomic Absorption ...... 3114 B ...... 3114 B–09 .. D 2972–08 B. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Barium ...... Inductively Coupled Plasma ...... 3120 B. Atomic Absorption; Direct ...... 3111 D. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Beryllium ...... Inductively Coupled Plasma ...... 3120 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 .. D 3645–08 B. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Cadmium ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Calcium ...... EDTA titrimetric ...... 3500–Ca B ...... D 511–09 A. Atomic Absorption; Direct Aspira- ...... 3111 B ...... D 511–09 B. tion. Inductively Coupled Plasma ...... 3120 B. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Ion Chromatography ...... D 6919–09. Chromium ...... Inductively Coupled Plasma ...... 3120 B.

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Copper ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 .. D 1688–07 C. Atomic Absorption; Direct Aspira- ...... 3111 B ...... D 1688–07 A. tion. Inductively Coupled Plasma ...... 3120 B. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES).

******* Fluoride ...... Ion Chromatography ...... 4110 B. Manual Distillation; Colorimetric ...... 4500–F SPADNS. B, D. Manual Electrode ...... 4500–F–C ...... D 1179–04 B. Automated Alizarin ...... 4500–F–E Arsenite-Free Colorimetric ...... Hach SPADNS SPADNS. 2 Method 10225.22 Lead ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 .. D 3559–08 D. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Magnesium ...... Atomic Absorption; Direct ...... 3111 B ...... D 511–09 B. Inductively Coupled Plasma ...... 3120 B. Complexation Titrimetric Methods ...... 3500–Mg B ...... D 511–09 A. Axially viewed inductively coupled 200.5, Revision 4.2. 2. plasma-atomic emission spec- trometry (AVICP–AES). Ion Chromatography ...... D 6919–09.

******* Nickel ...... Inductively Coupled Plasma ...... 3120 B. Atomic Absorption; Direct ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Nitrate ...... Ion Chromatography ...... 4110 B. Automated Cadmium Reduction ...... 4500–NO3–F. Manual Cadmium Reduction ...... 4500–NO3–E. Ion Selective Electrode ...... 4500–NO3–D. Reduction/Colorimetric ...... Systea Easy (1– Reagent).8 Colorimetric; Direct ...... Hach TNTplusTM 835/836 Meth- od 10206. 23

******* Selenium ...... Hydride—Atomic Absorption ...... 3114 B ...... 3114 B–09 .. D 3859–08 A. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 .. D 3859–08 B. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Silica ...... Colorimetric ...... D859–05. Molybdosilicate ...... 4500–SiO2 C. Heteropoly blue ...... 4500–SiO2 D. Automated for Molybdate-reactive ...... 4500–SiO2 E. Silica. Axially viewed inductively coupled 200.5, Revision 4.2. 2 plasma-atomic emission spec- trometry (AVICP–AES). Inductively Coupled Plasma ...... 3120 B.

******* Sodium ...... Atomic Absorption; Direct Aspira- ...... 3111 B. tion.

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st Contaminant Methodology EPA method SM online 3 ASTM 4 Other edition 1

Axially viewed inductively coupled 200.5, Revision 4.2. 2. plasma-atomic emission spec- trometry (AVICP–AES). Ion Chromatography ...... D 6919–09.

*******

* * * * *

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)

SM 21st Contaminant Methodology EPA method SM online 3 edition 1

******* 2,4-D ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01 2,4,5-TP (Silvex) ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01

******* Dalapon ...... Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry 557 14. (IC–ESI–MS/MS). Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01

******* Dinoseb ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01

******* Glyphosate ...... High-Performance Liquid Chromatography (HPLC) with Post-Column ...... 6651 B ...... 6651 B–00 Derivatization and Fluorescence Detection.

******* Pentachlorophenol ..... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01 Picloram ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ...... 6640 B–01

*******

* * * * *

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.25(a)

SM 21st Contaminant Methodology ASTM 4 edition 1

Naturally Occurring:

******* Uranium ...... Radiochemical ...... 7500–U B. ICP–MS ...... D5673–05 Alpha spectrometry ...... 7500–U C ...... D3972–09 Laser Phosphorimetry ...... D5174–07

*******

* * * * *

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)

SM 21st Contaminant Methodology EPA method ASTM 4 SM online 3 edition1

Aluminum ...... Axially viewed inductively coupled plasma-atom- 200.5, Revision 4.2. 2 ic emission spectrometry (AVICP–AES). Atomic Absorption; Direct ...... 3111D. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04

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ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)—Continued

SM 21st Contaminant Methodology EPA method ASTM 4 SM online 3 edition1

Inductively Coupled Plasma ...... 3120 B.

******* Iron ...... Axially viewed inductively coupled plasma-atom- 200.5, Revision 4.2. 2. ic emission spectrometry (AVICP–AES). Atomic Absorption; Direct ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 Inductively Coupled Plasma ...... 3120 B. Manganese ...... Axially viewed inductively coupled plasma-atom- 200.5, Revision 4.2. 2 ic emission spectrometry (AVICP–AES). Atomic Absorption; Direct ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 Inductively Coupled Plasma ...... 3120 B.

******* Silver ...... Axially viewed inductively coupled plasma-atom- 200.5, Revision 4.2. 2 ic emission spectrometry (AVICP–AES). Atomic Absorption; Direct ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B–04 Inductively Coupled Plasma ...... 3120 B.

******* ***** 1 Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800 I Street, NW., Washington, DC 20001–3710. 2 EPA Method 200.5, Revision 4.2. ‘‘Determination of Trace Elements in Drinking Water by Axially Viewed Inductively Coupled Plasma-Atomic Emission Spectrometry.’’ 2003. EPA/600/R–06/115. (Available at http://www.epa.gov/nerlcwww/ordmeth.htm.) 3 Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used. 4 Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959 or http://astm.org. The methods listed are the only alternative versions that may be used. ***** 8 Systea Easy (1–Reagent). ‘‘Systea Easy (1–Reagent) Nitrate Method,’’ February 4, 2009. Available at https://www.nemi.gov/apex/ f?p=237:1:1150314317898177 or from Systea Scientific, LLC., 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523. ***** 14 EPA Method 557. ‘‘Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ioniza- tion Tandem Mass Spectrometry (IC–ESI–MS/MS),’’ September 2009. EPA 815–B–09–012. Available at http://water.epa.gov/scitech/ drinkingwater/labcert/analyticalmethods_expedited.cfm. ***** 22 Hach Company Method, ‘‘Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225—Spectrophotometric Measurement of Fluoride in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.) 23 Hach Company Method, ‘‘Hach Company TNTplusTM 835/836 Nitrate Method 10206—Spectrophotometric Measurement of Nitrate in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.)

[FR Doc. 2011–15629 Filed 6–23–11; 8:45 am] requirements needed to qualify for final unless the EPA receives adverse written BILLING CODE 6560–50–P authorization, and is authorizing the comment by July 25, 2011. If the EPA State’s changes through this immediate receives such comment, it will publish final action. The EPA is publishing this a timely withdrawal of this immediate ENVIRONMENTAL PROTECTION rule to authorize the changes without a final rule in the Federal Register and AGENCY prior proposal because we believe this inform the public that this authorization action is not controversial and do not will not take effect. 40 CFR Part 271 expect comments that oppose it. Unless ADDRESSES: Submit your comments by [EPA–R06–RCRA–2010–0307; FRL–9323–9] we receive written comments which one of the following methods: oppose this authorization during the 1. Federal eRulemaking Portal: Louisiana: Final Authorization of State comment period, the decision to http://www.regulations.gov. Follow the Hazardous Waste Management authorize Louisiana’s changes to its on-line instructions for submitting Program Revision hazardous waste program will take comments. effect. If we receive comments that 2. E-mail: [email protected]. AGENCY: Environmental Protection oppose this action, we will publish a 3. Mail: Alima Patterson, Region 6, Agency (EPA). document in the Federal Register Regional Authorization Coordinator, ACTION: Immediate final rule. withdrawing this rule before it takes State/Tribal Oversight Section (6PD–O), effect, and a separate document in the Multimedia Planning and Permitting SUMMARY: Louisiana has applied to the proposed rules section of this Federal Division, EPA Region 6, 1445 Ross EPA for final authorization of the Register will serve as a proposal to Avenue, Dallas Texas 75202–2733. changes to its hazardous waste program 4. Hand Delivery or Courier: Deliver authorize the changes. under the Resource Conservation and your comments to Alima Patterson, Recovery Act (RCRA). The EPA has DATES: This final authorization will Region 6, Regional Authorization determined that these changes satisfy all become effective on August 23, 2011 Coordinator, State/Tribal Oversight

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Section (6PD–O), Multimedia Planning changes, States must change their regulations for which Louisiana is being and Permitting Division, EPA Region 6, programs and ask the EPA to authorize authorized by today’s action are already 1445 Ross Avenue, Dallas Texas 75202– the changes. Changes to State programs effective under State law, and are not 2733. may be necessary when Federal or State changed by today’s action. Instructions: Do not submit statutory or regulatory authority is D. Why wasn’t there a proposed rule information that you consider to be CBI modified or when certain other changes before today’s rule? or otherwise protected through occur. regulations.gov, or e-mail. The Federal Most commonly, States must change The EPA did not publish a proposal regulations.gov Web site is an their programs because of changes to the before today’s rule because we view this ‘‘anonymous access’’ system, which EPA’s regulations in 40 Code of Federal as a routine program change and do not means the EPA will not know your Regulations (CFR) parts 124, 260 expect comments that oppose this identity or contact information unless through 268, 270, 273, and 279. approval. We are providing an you provide it in the body of your opportunity for public comment now. In B. What decisions have we made in this comment. If you send an e-mail addition to this rule, in the proposed rule? comment directly to the EPA without rules section of today’s Federal Register going through regulations.gov, your e- We conclude that Louisiana’s we are publishing a separate document mail address will be automatically application to revise its authorized that proposes to authorize the State captured and included as part of the program meets all of the statutory and program changes. comment that is placed in the public regulatory requirements established by E. What happens if the EPA receives docket and made available on the RCRA. Therefore, we grant Louisiana comments that oppose this action? Internet. If you submit an electronic final authorization to operate its If the EPA receives comments that comment, the EPA recommends that hazardous waste program with the oppose this authorization, we will you include your name and other changes described in the authorization withdraw this rule by publishing a contact information in the body of your application. Louisiana has document in the Federal Register before comment and with any disk or CD–ROM responsibility for permitting treatment, the rule becomes effective. The EPA will you submit. If the EPA cannot read your storage, and disposal facilities within its base any further decision on the comment due to technical difficulties borders (except in Indian Country) and authorization of the State program and cannot contact you for clarification, for carrying out the aspects of the RCRA changes on the proposal mentioned in the EPA may not be able to consider program described in its revised the previous paragraph. We will then your comment. Electronic files should program application, subject to the address all public comments in a later avoid the use of special characters, any limitations of the Hazardous and Solid final rule. You may not have another form of encryption, and be free of any Waste Amendments of 1984 (HSWA). opportunity to comment. If you want to defects or viruses. You can view and New Federal requirements and comment on this authorization, you copy Louisiana’s application and prohibitions imposed by Federal must do so at this time. If we receive associated publicly available materials regulations that the EPA promulgates comments that oppose only the from 8:30 a.m. to 4 p.m. Monday under the authority of HSWA take effect authorization of a particular change to through Friday at the following in authorized States before they are the State hazardous waste program, we locations: Louisiana Department of authorized for the requirements. Thus, will withdraw only that part of this rule, Environmental Quality, 602 N. Fifth the EPA will implement those but the authorization of the program Street, Baton Rouge, Louisiana 70884– requirements and prohibitions in changes that the comments do not 2178, phone number (225) 219–3559 Louisiana including issuing permits, oppose will become effective on the and EPA, Region 6, 1445 Ross Avenue, until the State is granted authorization date specified above. The Federal Dallas, Texas 75202–2733, phone to do so. Register withdrawal document will number (214) 665–8533. Interested C. What is the effect of today’s specify which part of the authorization persons wanting to examine these authorization decision? will become effective, and which part is documents should make an being withdrawn. appointment with the office at least two The effect of this decision is that a weeks in advance. facility in Louisiana subject to RCRA F. For what has Louisiana previously will now have to comply with the FOR FURTHER INFORMATION CONTACT: been authorized? authorized State requirements instead of Alima Patterson, Region 6, Regional the equivalent Federal requirements in The State of Louisiana initially Authorization Coordinator, State/Tribal order to comply with RCRA. Louisiana received final authorization on February Oversight Section (6PD–O), Multimedia has enforcement responsibilities under 7, 1985, (50 FR 3348), to implement its Planning and Permitting Division, EPA its State hazardous waste program for base Hazardous Waste Management Region 6, 1445 Ross Avenue, Dallas violations of such program, but the EPA Program. We granted authorization for Texas 75202–2733, (214) 665–8533) and retains its authority under RCRA changes to their program on November E-mail address sections 3007, 3008, 3013, and 7003, 28, 1989 (54 FR 48889) effective January [email protected]. which include, among others, authority 29, 1990; August 26, 1991 (56 FR 41958) SUPPLEMENTARY INFORMATION: to: effective August 26, 1991; November 7, • Do inspections, and require 1994 (59 FR 55368) effective January 23, A. Why are revisions to State programs 1995; December 23, 1994 (59 FR 66200) necessary? monitoring, tests, analyses, or reports; • Enforce RCRA requirements and effective March 8, 1995; there were States which have received final suspend or revoke permits and technical corrections made on January authorization from the EPA under RCRA • Take enforcement actions after 23, 1995 (60 FR 4380), effective January section 3006(b), 42 U.S.C. 6926(b), must notice to and consultation with the 23, 1995; and another technical maintain a hazardous waste program State. correction was made on April 11, 1995 that is equivalent to, consistent with, This action does not impose (60 FR 18360) effective April 11, 1995; and no less stringent than the Federal additional requirements on the October 17, 1995 (60 FR 53704) effective program. As the Federal program regulated community because the January 2, 1996; March 28, 1996 (61 FR

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13777) effective June 11, 1996; amended and reenacted La. R. S. programs in lieu of the Federal December 29, 1997 (62 FR 67572) 30:1051 et seq. as the Environmental government. The Louisiana effective March 16, 1998; October 23, Quality Act, renaming the Environmental Quality Act authorizes 1998 (63 FR 56830) effective December Environmental Affairs Act (Act 1938 of the State’s program, Subtitle II of Title 22, 1998; August 25, 1999 (64 FR 46302) 1979). This Act created Louisiana 30 of the Louisiana Revised Statutes. effective October 25, 1999; September 2, Department of Environmental Quality With this application Louisiana is 1999 (64 FR 48099) effective November (LDEQ), including provisions for new applying for authorization for specific 1, 1999; February 28, 2000 (65 FR offices within this new Department of areas of the State regulations identified 10411) effective April 28, 2000; January Environmental Quality. Act 97 also as requiring authorization and the listed 2, 2001 (66 FR 23) effective March 5, transferred the duties and Checklists are: 209, 216, 217 and 218 2001; December 9, 2003 (68 FR 68526) responsibilities previously delegated to will allow the State to implement the effective February 9, 2004, June 10, 2005 the Department of Natural Resources, equivalent RCRA Subtitle C portion of (70 FR 33852) effective August 9, 2005; Office of Environmental Affairs, to the the program. Louisiana has November 13, 2006 (71 FR 66116) new Department. The LDEQ has lead demonstrated to EPA that its program effective January 12, 2007, August 16, agency jurisdictional authority for was substantially equivalent in its 2007 (72 FR 45905) effective October 15, administering the Resource Recovery management of hazardous waste to the 2007 and May 20, 2009 (74 FR 23645) and Conservation Act (RCRA) Subtitle C Federal program developed pursuant to effective July 20, 2009. On January 29, program in Louisiana. Also, the LDEQ is RCRA. 2010, Louisiana applied for approval of designated to facilitate communication G. What changes are we authorizing its program revisions for RCRA Cluster between the EPA and the State. During with today’s action? XVIII including Checklist 209 the 1999 Regular Session of Louisiana (Universal Waste Rule: Specific Legislature, Act 303 revised the On January 29, 2010 Louisiana Provisions for Mercury-Containing La.R.S.30:2011 et. seq. allowing LDEQ submitted a final complete program Equipment). to reengineer the Department to perform revision application, seeking In this application, Louisiana is more efficiently and to meet its strategic authorization of their changes in seeking approval for RCRA Checklists goals. accordance with 40 CFR 271.21. We 209 and 216 through 218 in accordance It is the intention of the State, through now make an immediate final decision, with 40 CFR 271.21(b)(3). this application, to demonstrate its subject to receipt of written comments Since 1979 through the equivalence and consistency with the that oppose this action, that Louisiana’s Environmental Affairs Act, Act 449 Federal statutory tests, which are hazardous waste program revision enabled the Office of Environmental outlined in the United States satisfies all of the requirements Affairs within the Louisiana Department Environmental Protection Agency necessary to qualify for Final of Natural Resources, as well as, the regulatory requirements under 40 CFR authorization. Therefore, we grant the Environmental Control Commission to 271, Subpart A, for final authorization. State of Louisiana Final authorization conduct an effective program designed The submittal of this application is in for the following changes: The State of to regulate those who generate, keeping with the spirit and intent of Louisiana’s program revisions consist of transport, treat, store, dispose or recycle RCRA, which provides equivalent States regulations which specifically govern hazardous waste. During the 1983 the opportunity to apply for final RCRA Cluster XVIII including Cluster Regular Session of the Louisiana authorization to operate all aspects of XVI Checklist 209 as documented in Legislature, Act 97 was adopted, which their hazardous waste management this Federal Register:

Description of Federal re- Federal Register date and quirement (include checklist page (and/or RCRA statu- Analogous state authority #, if relevant) tory authority)

1. Universal Waste Rule: 70 FR 45508–45522 Au- Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of Specific Provisions for gust 5, 2005. 2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Mercury Containing Equip- Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Mate- ment. (Checklist 209). rials Sections 3813, 105.D.7.c 1501.C.11.c, 4301.C.13.c, 2201.I.5.c, 305.C.11.c, 3801.A, 3807.A–B, 3807.B.1–2, 3807.C.1–2, 3813, 3821.C, 3821.C.1–2, 3821.C.2, 3821.C.2.a–c, 3821.C.2.d–g, 3821.C.2.h, 3821.C.4, 3821.C.4.a–b, 3821.C.3, 3821.C.3.a–b, 3823.A.4, 3823.A.5, 3841.B.4–5, 3843.C, 3843.C.1–2, 3843.C.2.a–c, 3843.C.2.d–g, 3843.C.2.h, 3843.C.4, 3843.C.4.a–b, 3843.C.3, 3843.C.3.a–b, and 3845.A.4–5, as amended December 20, 2005, effective Sep- tember 20, 2009. 2. Exclusion of Oil-Bearing 73 FR 57–72 January 2, Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of Secondary Materials Proc- 2008. 2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental essed in a Gasification Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Mate- System to Produce Syn- rials Sections 109, 109, see definition for Gasification, and 105.D.1.l.i, as amend- thesis Gas. (Checklist 216). ed December 20, 2005, effective June 20, 2009. 3. NESHAP: Final Standards 73 FR 18970–18984 April Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of for Hazardous Waste 8, 2008. 2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Combustors (Phase I Final Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Mate- Replacement Standards rials Sections 3105.B.1 and 3001.B.3, as amended December 20, 2005, effective and Phase II) Amend- June 20, 2009. ments. (Checklist 217).

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Description of Federal re- Federal Register date and quirement (include checklist page (and/or RCRA statu- Analogous state authority #, if relevant) tory authority)

4. F019 Exemption for 73 FR 31756–31769 June Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of Wastewater Treatment 4, 2008. 2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Sludges from Auto Manu- Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Mate- facturing Zinc Phosphating rials Sections Chapter 49 Table 1, 4901.B.Table.1, 4901.B.2.d and 4901.B.2.d.i– Processes. (Checklist 218). ii, as amended December 20, 2005, effective June 20, 2009.

H. Where are the revised State rules and therefore this action is not subject use of any particular voluntary different from the Federal rules? to review by OMB. This action consensus standard in place of another In this authorization of the State of authorizes State requirements for the standard that otherwise satisfies the Louisiana program revisions for Cluster purpose of RCRA 3006 and imposes no requirements of RCRA. Thus, the XVIII rules, there are no provisions that additional requirements beyond those requirements of section 12(d) of the are more stringent or broader in scope. imposed by State law. Accordingly, I National Technology Transfer and certify that this action will not have a Advancement Act of 1995 (15 U.S.C. I. Who handles permits after the significant economic impact on a 272 note) do not apply. As required by authorization takes effect? substantial number of small entities section 3 of Executive Order 12988 (61 Louisiana will issue permits for all under the Regulatory Flexibility Act (5 FR 4729, February 7, 1996), in issuing the provisions for which it is authorized U.S.C. 601 et seq.). Because this action this rule, the EPA has taken the and will administer the permits it authorizes preexisting requirements necessary steps to eliminate drafting issues. The EPA will continue to under State law and does not impose errors and ambiguity, minimize administer any RCRA hazardous waste any additional enforceable duty beyond potential litigation, and provide a clear permits or portions of permits which we that required by State law, it does not legal standard for affected conduct. The issued prior to the effective date of this contain any unfunded mandate or EPA has complied with Executive Order authorization. We will not issue any significantly or uniquely affect small 12630 (53 FR 8859, March 15, 1988) by more new permits or new portions of governments, as described in the examining the takings implications of permits for the provisions listed in the Unfunded Mandates Reform Act of 1995 the rule in accordance with the Table in this document after the (Pub. L. 104–4). For the same reason, ‘‘Attorney General’s Supplemental effective date of this authorization. The this action also does not significantly or Guidelines for the Evaluation of Risk EPA will continue to implement and uniquely affect the communities of and Avoidance of Unanticipated issue permits for HSWA requirements Tribal governments, as specified by Takings’’ issued under the Executive for which Louisiana is not yet Executive Order 13175 (65 FR 67249, Order. This rule does not impose an authorized. November 9, 2000). This action will not information collection burden under the have substantial direct effects on the provisions of the Paperwork Reduction J. How does today’s action affect Indian States, on the relationship between the Act of 1995 (44 U.S.C. 3501 et seq.). Country in Louisiana? national government and the States, or on the distribution of power and The Congressional Review Act, 5 Louisiana is not authorized to carry U.S.C. 801 et seq., as added by the Small out its Hazardous Waste Program in responsibilities among the various levels of government, as specified in Business Regulatory Enforcement Indian Country within the State. This Fairness Act of 1996, generally provides authority remains with EPA. Therefore, Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely that before a rule may take effect, the this action has no effect in Indian agency promulgating the rule must Country. authorizes State requirements as part of the State RCRA hazardous waste submit a rule report, which includes a K. What is codification and is the EPA program without altering the copy of the rule, to each House of the codifying Louisiana’s hazardous waste relationship or the distribution of power Congress and to the Comptroller General program as authorized in this rule? and responsibilities established by of the United States. The EPA will submit a report containing this Codification is the process of placing RCRA. This action also is not subject to document and other required the State’s statutes and regulations that Executive Order 13045 (62 FR 19885, information to the U.S. Senate, the U.S. comprise the State’s authorized April 23, 1997), because it is not House of Representatives, and the hazardous waste program into the CFR. economically significant and it does not Comptroller General of the United We do this by referencing the make decisions based on environmental States prior to publication in the authorized State rules in 40 CFR part health or safety risks. This rule is not Federal Register. A major rule cannot 272. We reserve the amendment of 40 subject to Executive Order 13211, take effect until 60 days after it is CFR part 272, subpart T for this ‘‘Actions Concerning Regulations That published in the Federal Register. This authorization of Louisiana’s program Significantly Affect Energy Supply, action is not a ‘‘major rule’’ as defined changes until a later date. In this Distribution, or Use’’ (66 FR 28355 (May by 5 U.S.C. 804(2). This action will be authorization application the EPA is not 22, 2001)) because it is not a significant effective August 23, 2011. codifying the rules documented in this regulatory action under Executive Order Federal Register notice. 12866. List of Subjects in 40 CFR Part 271 Under RCRA 3006(b), the EPA grants L. Statutory and Executive Order a State’s application for authorization as Environmental protection, Reviews long as the State meets the criteria Administrative practice and procedure, The Office of Management and Budget required by RCRA. It would thus be Confidential business information, (OMB) has exempted this action from inconsistent with applicable law for the Hazardous waste, Hazardous waste the requirements of Executive Order EPA, when it reviews a State transportation, Indian lands, 12866 (58 FR 51735, October 4, 1993), authorization application, to require the Intergovernmental relations, Penalties,

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Reporting and recordkeeping submitting the comment (or signing the Modifications to Accommodate People requirements. comment, if submitted on behalf of an with Disabilities.’’ Authority: This action is issued under the association, business, labor union, etc.). 49 CFR Part 595 Subpart C sets forth authority of sections 2002(a), 3006, and You may review DOT’s complete exemptions from the make inoperative 7004(b) of the Solid Waste Disposal Act as Privacy Act Statement in the Federal provision to permit, under limited amended 42 U.S.C. 6912(a), 6926, 6974(b). Register published on April 11, 2000 circumstances, vehicle modifications that take the vehicles out of compliance Dated: June 8, 2011. (Volume 65, Number 70; Pages 19477– 78). with certain FMVSSs when the vehicles Al Armendariz, are modified to be used by persons with Regional Administrator. Region 6. For access to the docket to read background documents or comments disabilities after the first retail sale of [FR Doc. 2011–15876 Filed 6–23–11; 8:45 am] received, go to http:// the vehicle for purposes other than BILLING CODE 6560–50–P www.regulations.gov and follow the resale. The regulation was promulgated online instructions for accessing the to facilitate the modification of motor docket. You may also visit DOT’s vehicles so that persons with disabilities DEPARTMENT OF TRANSPORTATION Docket Management Facility, 1200 New can drive or ride in them. The Jersey Avenue, SE., West Building regulation involves information and National Highway Traffic Safety disclosure requirements and limits the Administration Ground Floor, Room W12–140, Washington, DC 20590–0001 for access extent of modifications that may be to the docket. made. 49 CFR Part 595 Under the regulation, a motor vehicle FOR FURTHER INFORMATION CONTACT: [Docket No. NHTSA–2011–0079] repair business that modifies a vehicle Gayle Dalrymple, NHTSA Office of to enable a person with a disability to RIN 2127–AK77 Crash Avoidance Standards, NVS–123, operate or ride as a passenger in the telephone (202–366–5559), fax (202– motor vehicle and that avails itself of Make Inoperative Exemptions; Vehicle 493–2739), or Jesse Chang, NHTSA the exemption provided by 49 CFR Part Modifications To Accommodate People Office of Chief Counsel, NCC–112, 595 Subpart C must register itself with With Disabilities, Side Impact telephone (202–366–2992), fax (202– NHTSA. The modifier is exempted from Protection 366–3820). The mailing address for the make inoperative provision of the AGENCY: National Highway Traffic these officials is: National Highway Safety Act, but only to the extent that Safety Administration (NHTSA), Traffic Safety Administration, 1200 New the modifications affect the vehicle’s Department of Transportation (DOT). Jersey Avenue, SE., Washington, DC compliance with the FMVSSs specified 20590. in 49 CFR 595.7(c) and only to the ACTION: Final rule. extent specified in 595.7(c). SUPPLEMENTARY INFORMATION: This final Modifications that would take the SUMMARY: This final rule amends rule amends 49 CFR Part 595, Subpart regulations concerning vehicle vehicle out of compliance with any C, ‘‘Make Inoperative Exemptions, other FMVSS, or with an FMVSS listed modifications which accommodate Vehicle Modifications to Accommodate people with disabilities to update and in 595.7(c) but in a manner not specified People With Disabilities,’’ to update and in that paragraph are not exempted by expand a reference in an exemption expand a reference in an exemption relating to the Federal motor vehicle the regulation. The modifier must affix relating to FMVSS No. 214. The notice a permanent label to the vehicle safety standard for side impact of proposed rulemaking (NPRM) on protection. The expanded exemption identifying itself as the modifier and the which this final rule is based was vehicle as no longer complying with all facilitates the mobility of drivers and published on September 28, 2010 (75 FR passengers with disabilities. FMVSS in effect at original 59674) (Docket No. NHTSA–2010– manufacture, and must provide and DATES: Effective Date: August 23, 2011. 0133). retain a document listing the FMVSSs As this final rule relieves the regulatory Regulatory Background with which the vehicle no longer burdens on certain entities and involves complies and indicating any reduction Federal Motor Vehicle Safety Standard The National Traffic and Motor in the load carrying capacity of the (FMVSS) requirements that have Vehicle Safety Act (49 U.S.C. Chapter vehicle of more than 100 kilograms (220 recently become effective, the agency 301) (‘‘Safety Act’’) and NHTSA’s pounds). believes that the above effective date is regulations require vehicle appropriate. manufacturers to certify that their 2007 Amendments to FMVSS 214 and Petitions for Reconsideration: vehicles comply with all applicable Effects on Exemption in Part 595 Petitions for reconsideration of this final Federal motor vehicle safety standards Subpart C rule must be received by the agency by (FMVSSs) (see 49 U.S.C. 30112; 49 CFR Before today’s final rule, 49 CFR Part August 8, 2011. Part 567). A vehicle manufacturer, 595 Subpart C set forth an exemption ADDRESSES: If you wish to petition for distributor, dealer, or repair business from ‘‘S5 of 49 CFR 571.214 [FMVSS reconsideration of this rule, you should generally may not knowingly make No. 214] for the designated seating refer in your petition to the docket inoperative any part of a device or position modified, in any cases in number of this document and submit element of design installed in or on a which the restraint system and/or seat at your petition to: Administrator, motor vehicle in compliance with an that position must be changed to National Highway Traffic Safety applicable FMVSS (see 49 U.S.C. accommodate a person with a Administration, 1200 New Jersey 30122). NHTSA has the authority to disability.’’ 49 CFR 595.7(c)(15). Avenue, SE., West Building, issue regulations that exempt regulated However, the reference to S5 of FMVSS Washington, DC 20590. The petition entities from the ‘‘make inoperative’’ No. 214 became outdated as a result of will be placed in the docket. Anyone is provision (49 U.S.C. 30122(c)). The a 2007 amendment to Standard 214. able to search the electronic form of all agency has used that authority to Prior to 2007, S5 had referred to the documents received into any of our promulgate 49 CFR Part 595 Subpart C, dynamic performance requirements that dockets by the name of the individual ‘‘Make Inoperative Exemptions, Vehicle vehicles must meet when subjected to a

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moving deformable barrier (MDB) test.1 upgraded MDB requirements and to Since many modifiers make alterations In 2007, NHTSA upgraded FMVSS No. expand the exemption to include the that include removing the side air bags 214 and reorganized the standard.2 The pole test requirements. In support of the in vehicles designed to the new MDB test was redesignated from S5 to NPRM, the agency expressed the belief requirements, the agency believes that S7 and was upgraded with the adoption that, due to the nature of the these modifications could take the of new technically-advanced test modifications, there exists a continuing vehicles out of compliance with the dummies representing a 5th percentile need for exemption from the MDB MDB test. adult female and a 50th percentile adult requirements and that there is a need to The agency also believes that the male and enhanced injury criteria. exempt vehicles modified to compliance with the injury criteria for In addition, the 2007 rule added a accommodate disabled persons from the the MDB test could be affected even if new vehicle-to-pole test to the standard pole test requirements. vehicle seats with seat-mounted air bags (see S9, 49 CFR 571.214). The pole test We recognized in the NPRM that the are not removed but are instead changed simulates a vehicle crashing sideways proposed exemption presents a trade-off in a less significant way to into narrow fixed objects, such as utility of substantial side impact protection in accommodate a person with a disability poles and trees. The pole test requires exchange for continued mobility for (e.g., an OEM seat is mounted on a 6- vehicle manufacturers to assure head people with disabilities and some way power seat base). This is because and improved chest protection in side enhancement in easier and possibly countermeasures that were designed to crashes for a wide range of occupant safer vehicle entry and exit.3 Thus, we protect the occupant at the OEM seating sizes and over a broad range of seating requested comments on how the agency position that may no longer be as positions. Manufacturers are meeting should proceed in order to achieve the protective at the position at which the the upgraded requirements of the maximum safety benefit with the seat is placed after the modification. standard by vehicle modifications that narrowest exemption possible to Thus, NHTSA believes that there is a include installing side air bags in accommodate the needs of disabled continuing need to exempt modifiers vehicle seats and/or door panels and persons. However, the agency received from the MDB test requirements for the side roof rails. The phase-in of the no comments on the NPRM. purpose of accommodating persons with upgraded MDB and pole test disabilities. requirements began on September 1, The Final Rule 2010. The agency remains concerned about Pole Test Requirements Petition for Rulemaking the negative effect an exemption may This final rule also expands have on the safety benefits afforded to § 595.7(c)(15) to include S9 of FMVSS On February 12, 2009, Bruno disabled persons who require No. 214. This change exempts Independent Living Aids (Bruno) modifications to their vehicles. modifications that affect the vehicle’s submitted a petition for rulemaking to However, we are unaware at this time of compliance with the pole test expand the specified requirements of any other reasonable alternatives that requirements of FMVSS No. 214 in any FMVSS No. 214 referenced in § 595.7. can appropriately balance the mobility case in which the restraint system and/ Bruno manufactures a product line needs of people who must have vehicle or seat position must be changed to called ‘‘Turning Automotive Seating modifications to accommodate a accommodate a person with a disability. (TAS)’’ which replaces the seat installed disability with the MDB and pole test Removing an OEM seat that has a side by the original equipment manufacturer requirements of FMVSS No. 214. Thus, air bag and replacing it with an (OEM). Bruno believes that their for the reasons provided in the NPRM, aftermarket seat that does not would product affords disabled persons a safer we amend § 595.7(c)(15) to add likely make inoperative the system method of vehicle entry and exit when references to both S7 and S9 and to installed in compliance with FMVSS compared to using a platform lift or remove any reference to S5. No. 214. Making some other substantive entering and exiting unassisted. modification of the OEM seat or However, in their petition, Bruno MDB Test Requirements restraint system to accommodate a expressed concern that: ‘‘* * * torso Since § 595.7(c)(15)’s reference to S5 person with a disability could also affect side air bags are commonly installed in is no longer valid, today’s final rule the measurement of the injury criteria the outboard side of the OEM seat updates that paragraph’s reference from specified in the standard. We believe backrest’’ and would be removed when S5 to S7. We believe that there is a that an exemption from the make installing a TAS system. For these continuing need for the exemption from inoperative provision with regard to the reasons, Bruno sought in their petition the MDB requirements. Since the pole test in FMVSS No. 214 is needed to update Part 595 to maintain a similar upgraded FMVSS No. 214 incorporates to permit modification of the vehicle’s exemption from the MDB test (to reflect enhanced MDB requirements, seating system to accommodate a person the new designation under S7), and to compliance with these requirements with a disability. This is comparable to expand Part 595 to allow an exemption could continue to be affected by an the position taken by NHTSA with from the new S9 vehicle-to-pole test alteration of the restraint system and/or regard to the make inoperative requirements. the seat. exemption for frontal air bags required NPRM and Response Many vehicles will depend on side by FMVSS No. 208. See 595.7(c)(14). impact air bag technology to meet all of Thus, we conclude today that the On September 28, 2010, NHTSA the injury criteria of the standard when published an NPRM in the Federal inclusion of S9 of FMVSS No. 214 in tested with the 5th percentile female § 595.7(c)(15) is needed. Register. In that document, we proposed and 50th percentile male dummies. to amend § 595.7(c)(15) to reference the Rulemaking Analyses and Notices 3 NHTSA estimated in the FMVSS No. 214 1 The MDB test simulates an intersection collision rulemaking that side head and torso air bags result Executive Order 12866, Executive Order with one vehicle being struck in the side by another in a 24 percent reduction in fatality risk for nearside 13563, and DOT Regulatory Policies and vehicle. occupants and an estimated 14 percent reduction in Procedures 2 72 FR 51908, September 11, 2007; response to fatality risk by torso bags alone. See Docket No. petitions for reconsideration, 73 FR 32473, June 9, NHTSA–29134, NHTSA’s Final Regulatory Impact NHTSA has considered the impact of 2003; 75 FR 12123, March 15, 2010. Analysis.) this rulemaking action under Executive

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Order 12866, Executive Order 13563, governments, or their representatives is Because most NHTSA standards and the Department of Transportation’s mandated beyond the rulemaking established by an FMVSS are minimum regulatory policies and procedures. This process. The agency has concluded that standards, a State common law tort rulemaking document was not reviewed the final rule does not have sufficient cause of action that seeks to impose a by the Office of Management and federalism implications to warrant higher standard on motor vehicle Budget under E.O. 12866, ‘‘Regulatory consultation with State and local manufacturers will generally not be Planning and Review.’’ It is not officials or the preparation of a preempted. However, if and when such considered to be significant under E.O. federalism summary impact statement. a conflict does exist—for example, when 12866 or the Department’s Regulatory The final rule does not have the standard at issue is both a minimum Policies and Procedures (44 FR 11034; ‘‘substantial direct effects on the States, and a maximum standard—the State February 26, 1979). NHTSA has on the relationship between the national common law tort cause of action is determined that the effects are minor government and the States, or on the impliedly preempted. See Geier v. and that a regulatory evaluation is not distribution of power and American Honda Motor Co., 529 U.S. needed to support the subject responsibilities among the various 861 (2000). rulemaking. Today’s final rule imposes levels of government.’’ Today’s final Pursuant to Executive Order 13132, no costs on the vehicle modification rule does not impose any additional NHTSA has considered whether this industry. If there is any effect, it will be requirements. Instead, it lessens rule could or should preempt State a cost savings due to the exemptions. burdens on the exempted entities. common law causes of action. The NHTSA rules can have preemptive Regulatory Flexibility Act agency’s ability to announce its effect in two ways. First, the National conclusion regarding the preemptive Pursuant to the Regulatory Flexibility Traffic and Motor Vehicle Safety Act effect of one of its rules reduces the Act (5 U.S.C. 601 et seq., as amended by contains an express preemption likelihood that preemption will be an the Small Business Regulatory provision: issue in any subsequent tort litigation. Enforcement Fairness Act (SBREFA) of When a motor vehicle safety standard is in To this end, the agency has examined 1996), whenever an agency is required effect under this chapter, a State or a political to publish a notice of proposed the nature (e.g., the language and subdivision of a State may prescribe or structure of the regulatory text) and rulemaking or final rule, it must prepare continue in effect a standard applicable to and make available for public comment the same aspect of performance of a motor objectives of today’s rule and finds that a regulatory flexibility analysis that vehicle or motor vehicle equipment only if this rule merely increases flexibility for describes the effect of the rule on small the standard is identical to the standard certain exempted entities. As such, entities (i.e., small businesses, small prescribed under this chapter. NHTSA does not intend that this rule organizations, and small governmental 49 U.S.C. 30103(b)(1). It is this statutory preempt state tort law that would jurisdictions). No regulatory flexibility command by Congress that preempts effectively impose a higher standard on analysis is required if the head of an any non-identical State legislative and motor vehicle manufacturers than that agency certifies the rule will not have a administrative law address the same established by today’s rule. significant economic impact on a aspect of performance. However, this Establishment of a higher standard by substantial number of small entities. provision is not relevant to this final means of State tort law would not SBREFA amended the Regulatory rule as this rule does not involve the conflict with the exemption announced Flexibility Act to require Federal establishing, amending or revoking or a here. Without any conflict, there could agencies to provide a statement of the Federal motor vehicle safety standard. not be any implied preemption of a factual basis for certifying that a rule The express preemption provision State common law tort cause of action. will not have a significant economic described above is subject to a savings Further, we are unaware of any State impact on a substantial number of small clause under which ‘‘[c]ompliance with law or action that would prohibit the entities. a motor vehicle safety standard actions that this final rule would permit. NHTSA has considered the effects of prescribed under this chapter does not Civil Justice Reform this final rule under the Regulatory exempt a person from liability at Flexibility Act. Many dealerships and common law.’’ 49 U.S.C. 30103(e) When promulgating a regulation, repair businesses would be considered Pursuant to this provision, State agencies are required under Executive small entities, and some of these common law tort causes of action Order 12988 to make every reasonable businesses modify vehicles to against motor vehicle manufacturers effort to ensure that the regulation, as accommodate individuals with that might otherwise be preempted by appropriate: (1) Specifies in clear disabilities. I certify that this final rule the express preemption provision are language the preemptive effect; (2) does not have a significant economic generally preserved. However, the specifies in clear language the effect on impact on a substantial number of small Supreme Court has recognized the existing Federal law or regulation, entities. While many dealers and repair possibility, in some instances, of including all provisions repealed, businesses are considered small entities, implied preemption of State common circumscribed, displaced, impaired, or this exemption does not impose any law tort causes of action by virtue of modified; (3) provides a clear legal new requirements, but instead provides NHTSA’s rules—even if not expressly standard for affected conduct rather additional flexibility. Therefore, the preempted. than a general standard, while impacts on any small businesses This second way that NHTSA rules promoting simplification and burden affected by this rulemaking would not can preempt is dependent upon the reduction; (4) specifies in clear language be substantial. existence of an actual conflict between the retroactive effect; (5) specifies an FMVSS and the higher standard that whether administrative proceedings are Executive Order 13132 (Federalism) would effectively be imposed on motor to be required before parties may file NHTSA has examined today’s final vehicle manufacturers if someone suit in court; (6) explicitly or implicitly rule pursuant to Executive Order 13132 obtained a State common law tort defines key terms; and (7) addresses (64 FR 43255; Aug. 10, 1999) and judgment against the manufacturer— other important issues affecting clarity concluded that no additional notwithstanding the manufacturer’s and general draftsmanship of consultation with States, local compliance with the NHTSA standard. regulations.

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Pursuant to this Order, NHTSA notes governments, in the aggregate, or by the Regulation Identifier Number (RIN) as follows. The preemptive effect of private sector in excess of $100 million today’s final rule is discussed above. annually. The Department of Transportation NHTSA notes further that there is no assigns a regulation identifier number National Environmental Policy Act requirement that individuals submit a (RIN) to each regulatory action listed in petition for reconsideration or pursue NHTSA has analyzed today’s final the Unified Agenda of Federal other administrative proceeding before rule for the purposes of the National Regulations. The Regulatory Information they may file suit in court. Environmental Policy Act. The agency Service Center publishes the Unified has determined that implementation of Agenda in April and October of each National Technology Transfer and today’s final rule will not have any year. You may use the RIN contained in Advancement Act significant impact on the quality of the the heading at the beginning of this Under the National Technology human environment. document to find this action in the Transfer and Advancement Act of 1995 Unified Agenda. (NTTAA) (Pub. L. 104–113), ‘‘all Federal Paperwork Reduction Act List of Subjects in 49 CFR Part 595 agencies and departments shall use Under the Paperwork Reduction Act technical standards that are developed of 1995 (PRA), a person is not required Motor vehicle safety, Motor vehicles. or adopted by voluntary consensus to respond to a collection of information standards bodies, using such technical by a Federal agency unless the In consideration of the foregoing, we standards as a means to carry out policy collection displays a valid OMB control amend 49 CFR part 595 as follows: objectives or activities determined by number. Today’s final rule does not PART 595—MAKE INOPERATIVE the agencies and departments.’’ contain new reporting requirements or EXEMPTIONS Voluntary consensus standards are requests for information beyond what is technical standards (e.g., materials already required by 49 CFR part 595 ■ specifications, test methods, sampling subpart C. 1. The authority citation for part 595 procedures, and business practices) that continues to read as follows: are developed or adopted by voluntary Plain Language Authority: 49 U.S.C. 322, 30111, 30115, consensus standards bodies, such as the Executive Order 12866 requires each 30117, 30122 and 30166; delegation of Society of Automotive Engineers (SAE). agency to write all rules in plain authority at 49 CFR 1.50. The NTTAA directs us to provide language. Application of the principles ■ Congress, through OMB, explanations of plain language includes consideration 2. Amend § 595.7 by revising when we decide not to use available and of the following questions: paragraph (c)(15) to read as follows: applicable voluntary consensus • Have we organized the material to § 595.7 Requirements for vehicle standards. No voluntary standards exist suit the public’s needs? modifications to accommodate people with regarding this exemption for • Are the requirements in the rule disabilities. modification of vehicles to clearly stated? * * * * * accommodate persons with disabilities. • Does the rule contain technical language or jargon that isn’t clear? (c) * * * Unfunded Mandates Reform Act • Would a different format (grouping (15) S7 and S9 of 49 CFR 571.214, for The Unfunded Mandates Reform Act and order of sections, use of headings, the designated seating position of 1995 requires agencies to prepare a paragraphing) make the rule easier to modified, in any cases in which the written assessment of the costs, benefits understand? restraint system and/or seat at that and other effects of proposed or final • Would more (but shorter) sections position must be changed to rules that include a Federal mandate be better? accommodate a person with a disability. likely to result in the expenditure by • Could we improve clarity by adding * * * * * State, local or tribal governments, in the tables, lists, or diagrams? aggregate, or by the private sector, of • What else could we do to make the Issued on: June 16, 2011. more than $100 million annually rule easier to understand? David L. Strickland, (adjusted for inflation with base year of If you have any responses to these Administrator. 1995). This exemption will not result in questions, please notify the agency in [FR Doc. 2011–15765 Filed 6–23–11; 8:45 am] expenditures by State, local or tribal writing. BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 76, No. 122

Friday, June 24, 2011

This section of the FEDERAL REGISTER DEPARTMENT OF THE TREASURY to consider the impact of the proposed contains notices to the public of the proposed rule, and so that the comment period on issuance of rules and regulations. The Office of the Comptroller of the the proposed rule will run concurrently purpose of these notices is to give interested Currency with the comment period for similar persons an opportunity to participate in the margin and capital requirements rule making prior to the adoption of the final 12 CFR Part 45 rules. proposed by the Commodity Futures [Docket No. OCC–2011–0008] Trading Commission, the Agencies have determined that an extension of the DEPARTMENT OF THE TREASURY RIN 1557–AD43 comment period until July 11, 2011 is appropriate. This action will allow BOARD OF GOVERNORS OF THE interested persons additional time to Office of the Comptroller of the FEDERAL RESERVE SYSTEM Currency analyze the proposed rules and prepare their comments. 12 CFR Part 237 12 CFR Parts 4, 5, 7, 8, 28, and 34 DATES: Comments on the proposed rule [Docket No. R–1415] must be received on or before July 11, [Docket ID OCC–2011–0006] RIN 7100 AD74 2011. ADDRESSES: You may submit comments FEDERAL DEPOSIT INSURANCE by any of the methods identified in the RIN 1557–AD41 CORPORATION proposed rule. Please submit your Office of Thrift Supervision Integration; comments using only one method. 12 CFR Part 324 Dodd-Frank Act Implementation; FOR FURTHER INFORMATION CONTACT: Correction RIN 3064–AD79 OCC: Michael Sullivan, Director, Market RAD (202) 874–3978, Kurt Wilhelm, Correction FARM CREDIT ADMINISTRATION Director, Financial Markets Group (202) 874–4479, Jamey Basham, Assistant In proposed rule document 2011– 12 CFR Part 624 Director, Legislative and Regulatory 13887 appearing on page 32332 in the Activities Division (202) 874–5090, or RIN 3052–AC69 issue of Monday, June 6, 2011, make the Ron Shimabukuro, Senior Counsel, following correction: FEDERAL HOUSING FINANCE Legislative and Regulatory Activities In the second column, in the AGENCY Division (202) 874–5090, Office of the SUPPLEMENTARY INFORMATION section, in Comptroller of the Currency, 250 E the first paragraph, in the tenth line, 12 CFR Part 1221 Street, SW., Washington, DC 20219. ‘‘[email protected]’’ should Board: Sean D. Campbell, Deputy RIN 2590–AA45 Associate Director, Division of Research read ‘‘[email protected]’’. [FR Doc. C1–2011–13887 Filed 6–23–11; 8:45 am] and Statistics, (202) 452–3761, Michael Margin and Capital Requirements For Gibson, Senior Associate Director, BILLING CODE 4810–33–P Covered Swap Entities Division of Research and Statistics, AGENCY: Office of the Comptroller of the (202) 452–2495, or Jeremy R. Newell, Currency, Treasury (OCC); Board of Senior Attorney, Legal Division, (202) Governors of the Federal Reserve 452–3239, Board of Governors of the System (Board); Federal Deposit Federal Reserve System, 20th and C Insurance Corporation (FDIC); Farm Streets, NW., Washington, DC 20551. Credit Administration (FCA); and the FDIC: Bobby R. Bean, Chief, Policy Federal Housing Finance Agency Section, (202) 898–6705, John Feid, (FHFA). Senior Capital Markets Specialist, (202) ACTION: Proposed rule; extension of 898–8649, Division of Risk Management comment period. Supervision, Thomas F. Hearn, Counsel, (202) 898–6967, or Ryan K. Clougherty, SUMMARY: On May 11, 2011, the OCC, Senior Attorney, (202) 898–3843, Legal Board, FDIC, FCA, and FHFA Division, Federal Deposit Insurance (collectively, the Agencies) published in Corporation, 550 17th Street, NW., the Federal Register a joint notice of Washington, DC 20429. proposed rulemaking for public FHFA: Robert Collender, Principal comment to establish minimum margin Policy Analyst, Office of Policy Analysis and capital requirements for registered and Research, 202–343–1510, swap dealers, major swap participants, [email protected], Peggy security-based swap dealers, and major Balsawer, Assistant General Counsel, security-based swap participants for Office of General Counsel, 202–343– which one of the Agencies is the 1529, [email protected], or prudential regulator (the proposed rule). James Carley, Senior Associate Director, Due to the complexity of the Division of FHLBank Regulation, 202– rulemaking, to allow parties more time 408–2507, [email protected],

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Federal Housing Finance Agency, stated that the public comment period (‘‘NCUA’’) requests public comments on Fourth Floor, 1700 G Street, NW., would close on June 24, 2011.3 whether and how to modify its rule on Washington, DC 20552. The telephone The Agencies have received requests investment and deposit activities to number for the Telecommunications from the public for an extension of the permit a natural person credit union to Device for the Hearing Impaired is (800) comment period.4 The Agencies believe engage in the purchase and sale of 877–8339. that it is important to allow parties more financial derivatives for the purpose of time to consider the impact of the FCA: William G. Dunn, Acting offsetting interest rate risk. Although proposed rule, and to extend the Associate Director, Finance and Capital permitted by law, NCUA currently comment period on the proposed rule so allows only a limited number of credit Markets Team, Office of Regulatory that it will run concurrently with the unions, on a case-by-case basis, to Policy, Farm Credit Administration, comment period for similar margin and engage in such transactions under an McLean, VA 22102–5090, (703) 883– capital requirements proposed by the investment pilot program. 4414, TTY (703) 883–4434, Joseph T. Commodity Futures Trading Connor, Associate Director for Policy DATES: Comments must be received on Commission.5 Therefore, the Agencies or before August 23, 2011. and Analysis, Office of Secondary are extending the deadline for Market Oversight, Farm Credit ADDRESSES: You may submit comments submitting comments on the proposed by any one of the following methods Administration, McLean, VA 22102– rule from June 24, 2011 to July 11, 2011. 5090, (703) 883–4280, TTY (703) 883– (Please send comments by one method Dated: June 21, 2011. only): 4434, or Rebecca S. Orlich, Senior • Counsel, Office of General Counsel, Julie L. Williams, Federal eRulemaking Portal: http:// Farm Credit Administration, McLean, First Senior Deputy Comptroller and Chief www.regulations.gov. Follow the VA 22102–5090, (703) 883–4020, TTY Counsel. instructions for submitting comments. • NCUA Web Site: thttp:// (703) 883–4020. By order of the Board of Governors of the Federal Reserve System, acting through the www.ncua.gov/ SUPPLEMENTARY INFORMATION: On May Secretary under delegated authority, June 22, RegulationsOpinionsLaws/proposed_ 11, 2011, the proposed rule was 2011. regs/proposed_regs.html. Follow the published in the Federal Register.1 The Jennifer J. Johnson, instructions for submitting comments. proposed rule would establish Secretary of the Board. • E-mail: Address to [email protected]. Include ‘‘[Your minimum margin and capital Dated at Washington, DC, this 21 of June requirements for registered swap 2011. name] Comments on Part 703 ANPR, Financial Derivatives Transactions to dealers, major swap participants, Federal Deposit Insurance Corporation. security-based swap dealers, and major Offset Interest Rate Risk’’ in the e-mail Robert E. Feldman, security-based swap participants for subject line. which one of the Agencies is the Executive Secretary. • Fax: (703) 518–6319. Use the prudential regulator, as required under Dale L. Aultman subject line described above for e-mail. sections 731 and 764 of the Dodd-Frank Secretary, Farm Credit Administration Board. • Mail: Address to Mary Rupp, Wall Street Reform and Consumer Dated: June 21, 2011. Secretary of the Board, National Credit Protection Act (the Dodd-Frank Act).2 Stephen M. Cross, Union Administration, 1775 Duke Street, Alexandria, Virginia 22314– Sections 731 and 764 of the Dodd-Frank Deputy Director of the Division of Bank Act add a new section 4s to the Regulation. 3428. • Hand Delivery/Courier: Same as Commodity Exchange Act and a new By delegation, section 15F to the Securities Exchange mail address. Federal Housing Finance Agency. Act of 1934, respectively, which require FOR FURTHER INFORMATION CONTACT: the registration and regulation of swap [FR Doc. 2011–16004 Filed 6–23–11; 8:45 am] Jeremy Taylor, Senior Capital Market dealers and major swap participants and BILLING CODE 6714–01–8070–01–6705–01–6210–01– Specialist, telephone: 703/518–6628. 4810–33–P security-based swap dealers and major SUPPLEMENTARY INFORMATION: security-based swap participants I. Background (collectively, swap entities). For certain NATIONAL CREDIT UNION A. Financial Derivatives Transactions. types of swap entities that are ADMINISTRATION prudentially regulated by one of the A financial ‘‘derivative’’ is a financial Agencies, sections 731 and 764 of the 12 CFR Part 703 contract, the value of which is derived Dodd-Frank Act require the Agencies to from the performance of an underlying adopt rules jointly for swap entities Financial Derivatives Transactions To asset or market index. An interest rate under their respective jurisdictions Offset Interest Rate Risk; Investment ‘‘swap,’’ for example, may be tied to imposing (i) capital requirements and and Deposit Activities short-term ‘‘LIBOR rates’’, which are (ii) initial and variation margin variable, and long-term ‘‘swap rates,’’ AGENCY: National Credit Union requirements on all non-cleared swaps which are fixed. The parties to an Administration. and non-cleared security-based swaps. interest rate ‘‘swap’’ transaction can In recognition of the complexities of the ACTION: Advance Notice of Proposed agree to exchange fixed cash flows for rulemaking and the variety of Rulemaking. variable cash flows. The purpose may be either speculative or to reduce risk. considerations involved in its impact SUMMARY: Through this Advance Notice and implementation, the Agencies A credit union may enter into a of Proposed Rulemaking (‘‘ANPR’’), the derivatives transaction to protect itself requested that commenters respond to National Credit Union Administration numerous questions. The proposed rule against interest rate risk. For example, a credit union that has invested its 3 See id. deposits in a portfolio of mortgages that 1 See 76 FR 27564. 4 See comment letter to the OCC, Board, and FDIC 2 Dodd-Frank Wall Street Reform and Consumer from American Bankers Association et al. (June 17, pays a fixed rate of interest is exposed Protection Act, Public Law 111–203, 124 Stat. 1376 2011). to risk of an upward movement in (2010). 5 See 76 FR 23732; 76 FR 27621. interest rates. On members’ variable rate

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deposits, the credit union will be forced such as futures, options, interest rate approved Pilot Programs authorizing to increase the rates it pays in order to swaps and forward rate agreements. Id. three third-party entities to engage in stay competitive, while the cash flows § 703.16(a). Hence, FCUs are generally such activities to manage the IRR of received from its portfolio of fixed-rate prohibited from engaging in financial their client FCUs—Western Corporate mortgages remains static. As interest derivatives transactions that are utilized FCU (‘‘WesCorp’’) in 2000, ALM First rates rise, the credit union’s net interest by many financial institutions for the Financial Advisors, Inc. (‘‘ALM 1st’’) in margin shrinks, and the value of the purpose of offsetting their IRR. 2002, and Southwest Corporate mortgages diminishes. Part 703 provides for an exemption Investment Services, a credit union To offset the impact of rising interest from the prohibition against derivatives service organization (‘‘Southwest rates, a credit union could enter into an transactions in the form of an CUSO’’) in 2005.2 Operating standards interest rate ‘‘swap’’ in which it investment pilot program (‘‘Pilot governing an FCU’s or a third party’s exchanges with a counterparty the Program’’) that ‘‘permit[s] a limited approved Pilot Program to engage in fixed-rate cash flows it receives from its number of [FCUs] to engage in derivatives activities to offset IRR are set mortgages for variable-rate cash flows investment activities prohibited by this forth in the approvals for each of these that fluctuate with the yield it must pay part but permitted by the Act.’’ Id. Pilot Programs. on members’ deposits. As a result, the § 703.19(a). An FCU seeking to establish Since the inception of Pilot Programs credit union’s cost of funds remains the a Pilot Program of its own to engage in allowing investment activities same regardless of interest rate a prohibited activity must obtain NCUA prohibited by part 703, the NCUA Board movements. approval. Id. § 703.19(b). To be eligible has generally limited its approval of Alternatively, a credit union could for approval, an FCU must have a FCUs seeking to independently engage purchase an interest rate ‘‘cap’’ that minimum net worth classification of in derivatives to offset IRR, primarily for would effectively fix the cost of funds ‘‘well capitalized’’ and must document two reasons. First, such derivatives at a pre-agreed ceiling. For a premium its Pilot Program’s benefits, costs, present risks that generally are not paid by the credit union, the internal controls, monitoring systems, familiar to FCUs. Second, FCU demand counterparty agrees to make payments and impact on the financial for such instruments has been low. Also to the credit union when the referenced performance, risk profile and asset- for these reasons, the NCUA Board thus variable market rate exceeds the liability management strategies of the far has not reconsidered whether to contractual ceiling rate. This payment FCU. Id. Presently, there is no limit to permit derivatives activities on an would occur at the end of each period the duration of an approved Pilot elective basis, as other federal financial in which a referenced rate, like LIBOR, Program. institution regulators do, instead of only exceeds the agreed ceiling rate. The A third party seeking to establish a under an approved Pilot Program. interest rate ‘‘cap’’ acts as insurance D. Policy Alternatives to Existing Pilot Pilot Program to engage in a prohibited against rising interest rates since the Programs. In 2010, Congress enacted the activity on behalf of client FCUs also credit union’s cost of funds on the Dodd-Frank Wall Street Reform and must obtain NCUA approval. Id. amount hedged will be offset by Consumer Protection Act, Public Law counterparty’s payments in excess of the § 703.19(c). To be eligible for approval, 111–203, 124 Stat. 1376 (‘‘Dodd- interest rate ceiling. The counterparty a third party must describe its Pilot Frank’’), to reduce risk, increase thus absorbs the risk of significant Program’s activities and document the transparency and promote market interest rate increases above the benefits and risks to FCU clients with integrity within the financial system. To contractual ceiling rate. whom it has contracted. Id. If the third that end, section 723(a)(3) of Dodd- B. Authority To Invest in Financial party’s Pilot Program is approved, an Frank requires ‘‘financial entities’’ to Derivatives. The purchase and sale of FCU client generally does not need to clear their derivatives transactions financial derivatives, provided it is for obtain NCUA approval for itself to through a ‘‘derivatives clearing the purpose of offsetting interest rate participate. Id. § 703.19(d). organization,’’ i.e., a clearinghouse, risk (‘‘IRR’’), is recognized as an C. Pilot Programs To Engage in unless an exception to mandatory ‘‘incidental power’’ granted by the Derivatives Activities. Pilot Programs clearing applies. 7 U.S.C. 2(h)(1)(A), Federal Credit Union Act (‘‘the Act’’) to allowing investment activities 2(h)(7)(A)(i). That section directs the enable a federally-chartered credit prohibited by part 703 that are Commodity Futures Trading union (‘‘FCU’’) to carry on the business otherwise lawful have been available on Commission (‘‘CFTC’’) to consider for which it was incorporated. 12 U.S.C. a case-by-case basis since 1998. 62 FR whether to exempt certain financial 1757(17); NCUA General Counsel 32989, 32999 (June 18, 1997). The institutions, including credit unions Opinion No. 99–0229 (Feb. 23, 1999). NCUA Board has since approved Pilot with total assets of less than $10 billion, To implement the investment Programs authorizing two FCUs to each from the clearing mandate’s ‘‘financial authorities of FCUs, part 703 of NCUA’s independently engage in derivatives entity’’ definition. Id. § 2(h)(7)(C)(ii)(III). Rules and Regulations, 12 CFR 703, activities for IRR management purposes The CFTC recently issued for identifies the investments and on its own behalf. Under NCUA’s comment a proposed rule on ‘‘End-User investment activities authorized by the Standards for Participating Credit Exception to Mandatory Clearing of Act and imposes requirements and Unions and Third-Party Derivatives Swaps.’’ 75 FR 80747 (December 23, restrictions in order to preserve the Pilot Program Applicants (‘‘3rd party 2010). The proposed rule introduces safety and soundness of the credit approval standards’’),1 the NCUA Board unions that hold the investments and Program to independently engage in derivatives engage in the activities. Id. §§ 703.13, 1 The third party approval standards are available transactions for its own benefit. 703.14. Part 703 further identifies on NCUA Web site: http://www.ncua.gov/ 2 The approval of WesCorp’s Pilot Program Resources/ALManagementInvest/Investment.aspx. effectively terminated when WesCorp was certain investments that it prohibits for Although FCU participation in a third party Pilot liquidated in October 2010. ALM 1st presently has safety and soundness reasons even Program generally does require NCUA approval, 9 FCU clients, 6 of whom migrated from WesCorp’s though they are authorized by the Act. 12 CFR 703.19(d), FCUs participating in a third Pilot Program. The approval of Southwest CUSO’s party’s Pilot Program to engage in derivatives Pilot Program survives despite the liquidation of Id. §§ 703.15, 703.16. Among these activities must obtain Regional Office permission to Southwest Corporate FCU in October 2010. Upon prohibited transactions, with certain participate. There are no approval standards that information and belief, however, Southwest CUSO exceptions, are financial derivatives apply to an FCU seeking approval of its own Pilot has never had any FCU clients.

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new requirements governing the elective third party on a case-by-case basis (i.e., standards for third party Pilot Programs exception to mandatory clearing of by waiver) provided the FCUs meet (see note 2 supra) and expected an FCU swaps available to swap counterparties, prudential standards applicable to the to perform initial and ongoing due for which credit unions may qualify. third party and the FCU; (C) Whether to diligence of any third party provider Excepted institutions would be required allow FCUs to independently engage in that it uses. The standards cover under the rule to report derivative such derivatives activities by waiver requirements for the FCU and for the positions to a registered swap data provided they meet prudential third-party providers. The requirements repository, and to provide certain items standards; and (D) What approval for an FCU applicant address its of information. This information would standards should be established to financial condition, required actions of describe how the excepted entity meets govern the evaluation of an FCU’s the board of directors, accounting its financial obligations associated with request for approval to engage in standards, counterparty credit quality, non-cleared swaps, including methods derivatives through a third party; (E) hedge transactions, modeling, internal used to mitigate credit risk. The What approval standards should be controls, legal issues, transaction information would also indicate the established to govern the evaluation of termination, and NCUA approval. The status of the entity that qualifies it for an FCU’s request to engage in requirements for third-party applicant an ‘‘end-user exception’’ to the clearing derivatives independently? address contractual agreements, ongoing mandate, and how the reported risk assessment, review of credit union II. Issues for Comment derivative is being used to mitigate internal controls, reporting to NCUA, commercial risk. To facilitate consideration of the credit union education, and the In view of the Dodd-Frank clearing public’s views, please address your maximum number of participants with mandate, and with the benefit of 12 comments to the questions set forth each third party. years’ experience with Pilot Programs below on each issue, and organize and The Pilot Program standards for an allowing derivatives activities, it is identify them by corresponding FCU engaging in third party derivatives timely for the NCUA Board to question number so that each question activity are as follows: reconsider, and resolve issues related to, is addressed separately. To maximize Financial Condition. The FCU must whether and under what conditions it the value of public input on each issue, have: should permit natural person FCUs to it is also important that commenters • Minimum net worth ratio of engage in derivatives transactions for provide and explain the reasons that 7 percent or more; and the purpose of offsetting IRR, i.e., support each of their conclusions. There • Positive, stable earnings for whether through approved third parties will be a further opportunity to preceding 12 months. or independently. comment on these issues should the Board of Directors. The FCU’s board NCUA is disinclined to allow FCUs to NCUA Board issue a proposed rule of directors must: engage in derivatives activities modifying its present policies on • unconditionally for several reasons. Approve the counterparty or financial derivatives activities to offset counterparties. First, NCUA must ensure that FCUs do IRR. • not use derivatives for the unauthorized Update, at least quarterly, the credit purpose of speculation. Second, the A. Existing Pilot Programs rating and analysis of approved counter- parties. value of the cash flow streams from NCUA believes it is timely to • Approve the proposed types of derivative transactions can be unusually determine whether existing Pilot derivative transactions, the maximum volatile because the value is driven by Programs are either to be terminated or limits for aggregate notional principal the movement of interest rates and level incorporated as a permissible activity. of volatility in financial markets and Question No. amounts permitted for each type of this value can therefore itself be volatile. 1. Should existing Pilot Programs for transaction deemed appropriate by the Finally, it is reasonable to condition FCUs to engage in derivatives for IRR FCU’s board of directors. The maximum participation in derivatives activities on management be permitted to continue? limit on derivative exposure in notional the FCU’s development of sufficient Explain why or why not. terms should be stated as a percentage expertise and infrastructure to manage 2. Should such Pilot Programs for of net worth. The maximum notional IRR and credit risks associated with FCUs be permitted to continue by limit for swaps plus the value of the derivatives in financial markets. For ‘‘grandfathering’’ the previous approvals underlying securities in option these reasons, NCUA is reconsidering into Part 703? Explain why or why not. transactions must not exceed 250 permitting FCUs to engage in derivative 3. If FCUs seek an end-user exception percent of net worth. activity only on the basis of a waiver of from mandatory clearing as • Determine hedge objectives and the existing regulatory prohibition, contemplated by the CFTC’s proposed parameters and designate what subject to compliance with appropriate rule, they would need to provide items correlation measures will be utilized. conditions. of information to a registered swap data Approve correlation targets and In reconsidering derivatives activity repository. In view of this requirement, tolerance limits prior to execution of by FCUs for the purpose of offsetting should NCUA permit FCUs to seek an each individual transaction. IRR, the NCUA Board seeks public end-user exception? Explain why or • Understand, review and approve comment—in the form of answers to the why not. each transaction prior to execution and specific questions set forth under affirm that transactions will be used ‘‘Issues for Comment’’ below—on five B. Third Party Derivative Authorization solely to reduce interest rate risk. different policy alternatives: (A) In approving third party Pilot • Ensure management monitors the Whether to discontinue allowing Pilot Programs, the NCUA Board sought to effectiveness of the hedge on at least a Programs for FCUs and third parties to ensure that FCUs would engage in quarterly basis (preferably monthly) and engage in derivatives activity to offset derivative activities in a safe and sound reports this information to the board. IRR and, if so, whether to terminate manner while allowing FCUs that • Require management demonstrate it such existing Pilot Programs; (B) lacked experience in derivatives to gain has adequate knowledge to understand Whether to allow FCUs to engage in this experience. 62 FR at 32999. To and monitor hedge positions using such derivatives activities through a achieve that goal, NCUA created derivative instruments.

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a. Accounting Standards. The FCU • Designation of the individual(s) or number of transactions is reasonable will: with responsibility for purchasing to a safe and sound understanding of • Commit to an annual independent derivative instruments. derivatives? In your answer explain why audit of financial statements. The • Designation of the individual(s) or this is sufficient minimum time or statements will be prepared in departments that have accounting and number of transactions. risk reporting responsibilities for the accordance with generally accepted C. Independent Derivatives derivative instruments and hedge accounting principles, including FASB Authorization ASC 815 Derivatives and Hedging. The transactions. audits will be performed in accordance • Segregation of duties for the Even if the NCUA Board allows FCUs with generally accepted auditing individual(s) obtaining the prices of the having little or no derivatives exposure standards by a certified public derivative instruments, hedged items, to participate in derivatives activities accountant or public accountant and other instruments associated with only through a third-party provider, it is licensed by the appropriate state or reporting the hedge transaction and of anticipated that such FCUs may, after a jurisdiction to perform those services. those that execute the transaction. time, seek to engage in derivative • Have external auditors review its • Segregation of duties for the activities independently of a third party. accounting policies and procedures individual(s) with derivative instrument In that event, however, further prior to the first transaction. The reporting and risk assessment assessment of the FCU’s knowledge, external auditors will opine that the responsibility and of those involved in expertise, experience and infrastructure policies are suitable for these the hedge execution. would be necessary, prior to granting • transactions. Requirement for monitoring hedge such permission, to determine if the b. Counter-party Credit Quality. All performance by the asset/liability FCU is able to perform all aspects of committee and the board. derivatives activity for which the FCU counter-parties must be rated ‘‘AA-’’ (or • equivalent) or better at the time of any Requirement that the derivative and may have previously relied on the third- transaction. Termination of the the hedged item be priced by an party provider. The NCUA Board transaction is required once a independent third party. expects that, during any period of time f. Legal issues when the FCU was acting with a third- counterparty is downgraded to ‘‘BBB’’ • (or equivalent). When there is a split The FCU’s legal counsel must opine party provider, the FCU would enhance rating, the lower rating will prevail. that the proposed transactions are legal. its abilities to address asset liability • There must be an International c. Hedge Transactions. The credit analysis and modeling, dynamic Swap and Derivatives Association union will: hedging functionality, the pricing of any (ISDA) agreement between the counter- • Identify the circumstances leading derivatives purchased, and the impact party and the FCU. of marking-to-market on the value of to the decision to hedge; and • • The ISDA agreement must be derivatives and any hedged items. This Specify derivative transactions to be supplemented by a bilateral collateral employed and definition of: enhanced expertise would serve as the Æ agreement between counter-party and basis for an application to engage in Hedge type (fair value, cash flow, the FCU. The bilateral collateral etc); and derivatives activity independently for Æ agreements must require the posting of the purpose of offsetting IRR. Analysis to demonstrate collateral by either party that is in a net effectiveness of hedge. Question No. deficit position on any derivative that 1. Should the NCUA Board consider Shock analysis will not demonstrate has been transacted. The agreement allowing credit unions to engage in correlation. Hedge effectiveness requires should further specify that the collateral derivatives activity independently? correlation through time, must be set must be permissible for FCUs to hold Explain why or why not. prospectively, and effectiveness must be and will be held by an independent 2. What are the attendant criteria, assessed retrospectively. Hedge third party. such as, asset size, capital adequacy, the effectiveness reporting will be required g. Transaction Termination. Any balance sheet composition of a credit of the participating credit union and cases where designated hedges fail the union, or risk exposure with and validated by the applicant. Accounting limits of hedge effectiveness must be without derivatives, that NCUA should rules require that hedges be linked to reported to the board of directors and take into consideration in evaluating an specific assets or liabilities and cannot the transaction terminated as soon as FCU’s request for approval to engage in be related to overall balance sheet risk. practicable. Also, termination of the derivatives independently? Specify and Reports of the macro effects of the hedge transaction is required as soon as explain any criteria that are essential. should be limited to the impact of this practicable once a counterparty is 3. Are there specific actions an FCU on the interest rate risk of the balance downgraded to ‘‘BBB’’ (or equivalent) as should expect to take in preparation for sheet. noted above. applying to engage in derivatives d. Modeling. Any model used to Question No. activities independently? Specify and evaluate any hedge transaction using 1. These third party standards would explain any actions which are needed. derivatives must include the ability to require replacement of credit quality capture all options embedded in the references by functional equivalents. D. Approval Standards for Derivatives transaction. For example, option pricing With this change, are the third party Activities Through an Approved Third or option adjusted spread modeling operating standards required in NCUA’s Party using simulation methods may be Pilot Program generally appropriate to An FCU that seeks to engage in needed. It must be clear that the model govern the use of derivatives by an FCU derivatives activity through a third party functionalities capture the specific approved to engage in these activities Pilot Program must request permission behavior of the instrument to be hedged through a third party? Explain why or from its Regional Office to participate and the hedge itself. why not. (see note 2 supra), must demonstrate e. Internal Controls. The FCU must 2. If FCUs lacking prior experience adequate expertise and infrastructure to have the following procedures and with derivatives were required to spend engage in these transactions prior to controls in place prior to execution of a period of time within a third party doing so, and must provide the first transaction. Pilot Program, what period of time and/ documentation to the Pilot Program

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provider. An FCU must operate v. Disclosure of costs of terminating SUMMARY: The FAA published a Notice according to the third party pilot any derivatives in the course of of Meetings in the Federal Register of program standards when it is approved pursuing any exit strategy. June 17, 2011, concerning a proposal to to engage in derivatives activities NCUA would expect the FCU’s board modify Class B airspace at Las Vegas, through an approved third party. NCUA of directors to review policy NV. The document contained an therefore seeks comment on the periodically, to review the FCU’s incorrect address for the informal approval standards for an FCU seeking derivatives positions on an ongoing airspace meeting scheduled Tuesday, to engage in derivatives activity through basis, and to actively enforce August 23, 2011, in Henderson, NV. a third party. compliance with the stated IRR Also, the document contained the Question No. management purpose of derivative wrong phone number for the contact 1. Should NCUA require an FCU to activities. person. The information for the other state a balance sheet management plan Question No. two meetings is correct as originally to hedge IRR based on risk management 1. Should approval of an FCU to published. engage in derivatives activities be in the objectives as a condition for approval? FOR FURTHER INFORMATION CONTACT: John form of additional authorization similar Explain why or why not. Gough, Manager, Airspace and to the expanded authority available 2. Is it useful for an FCU to rely on Procedures, and Bill Ruggiero, Support under Appendix B to Part 704— the expertise of a third party to assess Manager Las Vegas, TRACON, 699 Expanded Authorities and the effectiveness of derivatives to hedge Wright Brothers Lane, Las Vegas, NV Requirements? Explain why or why not. IRR on an ongoing and dynamic basis or 89119; telephone: (702)–262–5910. should the FCU be required to 2. Should an FCU demonstrate demonstrate it has this expertise enhanced credit functionality in terms Correction of the experience of the FCU’s internally as a condition for approval? In the Federal Register of June 17, personnel, credit analysis and reporting In either case explain why or why not. 2011, in FR Doc. 2011–15107, on page infrastructure in order to evaluate the 3. Is it useful for an FCU to rely on 35371, column 3, correct meeting creditworthiness of derivative the expertise of a third party to assess number (2) in the ADDRESSES caption to counterparties? Explain why or why not the credit quality of derivative read: and describe any minimum expectation. counterparties? Explain why or why ADDRESSES: (2) The meeting on not. 3. Should an FCU demonstrate enhanced hedging expertise based on Tuesday, August 23, 2011, will be held E. Approval To Engage Independently the experience of FCU’s personnel or on at Coronado High School, 1001 Coronado Center Drive, Henderson, NV, NCUA expects that approving an FCU additional derivatives management infrastructure? Explain why or why not, 89052. to independently engage in derivatives On page 35371, column 3, correct FOR activity would require extensive and describe any minimum expectation. 4. Is one year a sufficient amount of FURTHER INFORMATION CONTACT caption examination of the applicant FCU and to read: also would require enhanced time for an FCU to fully prepare a self- FOR FURTHER INFORMATION CONTACT: supervision. This approval would be assessment and application for approval John similar to the granting of expanded to independently engage in derivatives Gough, Manager, Airspace and authority for a corporate credit union to offset IRR? Explain why it is Procedures, and Bill Ruggiero, Support under recently revised Part 704, 75 FR sufficient or why more time may be Manager Las Vegas, TRACON, 699 64786 (Oct. 20, 2010) and would require required. Wright Brothers Lane, Las Vegas, NV a self-assessment by the FCU to support 5. Are there any additional aspects of 89119; telephone: (702) 262–5910. its request. The NCUA Board would the FCU besides items (i)–(v) above Issued in Washington, DC, on June 20, expect an FCU to address the following which NCUA should consider in its 2011. items prior to granting approval for that approval for the FCU to engage in Gary A. Norek, FCU to engage in derivatives activities derivatives activity independently? If Acting Manager, Airspace, Regulations and independently: so, explain why the item should be ATC Procedures Group. considered. i. Board of directors’ policy [FR Doc. 2011–15884 Filed 6–23–11; 8:45 am] identifying the specific purposes of By the National Credit Union BILLING CODE 4910–13–P specified derivatives activities and Administration Board on June 17, 2011. stating limits on maximum exposure in Mary F. Rupp, terms of notional principal amounts and Secretary of the Board. DEPARTMENT OF THE TREASURY mark-to-market values of individual and [FR Doc. 2011–15738 Filed 6–23–11; 8:45 am] aggregate swaps; BILLING CODE P Internal Revenue Service ii. Ongoing assessment and reporting to the FCU’s board of directors of 26 CFR Part 1 derivative performance in achieving DEPARTMENT OF TRANSPORTATION [REG–137125–08] explicit interest rate risk management objectives; Federal Aviation Administration RIN 1545–BI65 iii. Selection criteria for eligible Certain Employee Remuneration in counterparties that address the process 14 CFR Part 71 Excess of $1,000,000 Under Internal of identification and credit monitoring; Revenue Code Section 162(m) posting of bilateral collateral and Proposed Modification of the Las process for maintenance of available Vegas, NV, Class B Airspace Area; AGENCY: Internal Revenue Service (IRS), collateral; Public Meetings; Correction Treasury. iv. Disclosure of derivative price at AGENCY: Federal Aviation ACTION: Notice of proposed rulemaking. time of purchase expressed as dollar Administration (FAA), DOT. values of a basis point on each SUMMARY: This document contains ACTION: Notice of meetings; correction. derivative instrument; proposed regulations relating to the

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deduction limitation for certain The IRS and the Treasury Department reason for requiring an individual limit employee remuneration in excess of have also received questions regarding on the maximum number of shares for $1,000,000 under the Internal Revenue the application of the transition rule for which options may be granted: Code (Code). The proposed regulations taxpayers that are not publicly held Some have questioned why it would be clarify that qualified performance-based corporations and then become publicly necessary for the regulations to require an compensation attributable to stock held corporations. These proposed individual employee limit on the number of options and stock appreciation rights amendments to §§ 1.162–27(e)(2), the shares for which options or stock must specify the maximum number of 1.162–27(e)(4), and 1.162–27(f)(1) are appreciation rights may be granted, where shares with respect to which options or not intended to reflect substantive shareholder approval of an aggregate limit is rights may be granted to each individual changes to the requirements in the obtained for securities law purposes. The employee. The proposed regulations current regulations, but rather to clarify regulations follow the legislative history, also clarify the application of the the current language. which suggests that a per-employee limit be required under the terms of the plan. The IRS transition rule for taxpayers that are not Explanation of Provisions and the Treasury believe that a limit on the publicly held corporations and then maximum number of shares for which become publicly held corporations. 1. Maximum number of shares with individual employees may receive options or DATES: Written or electronic comments respect to which options or rights may other rights is appropriate because it is must be received by September 22, be granted to each individual employee. consistent with the broader requirement that 2011. Section 1.162–27(b) provides that a performance goal include an objective section 162(m) precludes a deduction formula for determining the maximum ADDRESSES: Send submissions to: under chapter 1 of the Code by any amount of compensation that an individual CC:PA:LPD:PR (REG–137125–08), Room publicly held corporation for employee could receive if the performance 5203, Internal Revenue Service, P.O. compensation paid to any covered goal were satisfied. A third party attempting Box 7604, Ben Franklin Station, employee to the extent that the to make this determination with respect to a Washington, DC 20044. Submissions compensation for the taxable year stock option plan would need to know both may be hand delivered Monday through exceeds $1,000,000. Section 1.162– the exercise price and the number of options that could be granted. Friday between the hours of 8 a.m. and 27(e)(1) provides that the deduction 4 p.m. to CC:PA:LPD:PR (REG–137125– limit in § 1.162–27(b) does not apply to Section 1.162–27(h)(3)(i) of the final 08), Courier’s Desk, Internal Revenue qualified performance-based regulations provides that, under a Service, 1111 Constitution Avenue, compensation. Section 1.162–27(e)(1) transition rule that applies to plans or NW., Washington, DC, or sent further provides that qualified agreements approved by shareholders electronically via the Federal performance-based compensation is before December 20, 1993, a stock eRulemaking Portal at http:// compensation that meets all of the option plan was treated as satisfying the www.regulations.gov/ (IRS REG– requirements of § 1.162–27(e)(2) through requirement to state a maximum 137125–08). (e)(5). number of shares for which an option FOR FURTHER INFORMATION CONTACT: Section 1.162–27(e)(2)(vi) sets forth could be granted to any employee over Concerning these proposed regulations, special rules for performance-based a specified period if the plan that was Ilya Enkishev at (202) 622–6030; compensation attributable to stock approved by the shareholders provided concerning submissions of comments, options and stock appreciation rights. for an aggregate limit (consistent with and/or to request a public hearing, This section provides that stock options SEC Rule 16b–3(b)) on the shares of Richard Hurst at and stock appreciation rights are employer stock for which awards could [email protected] or deemed to satisfy the performance goal be made under the plan. This rule was (202) 622–7180 (not toll-free numbers). requirement in § 1.162–27(e)(2) if: available only during a limited reliance SUPPLEMENTARY INFORMATION: (1) The grant or award is made by the period specified in § 1.162–27(h)(3)(i). compensation committee; (2) the plan These proposed regulations clarify Background under which the option or right is § 1.162–27(e)(2)(vi) by providing that This document contains a proposed granted states the maximum number of the plan under which the option or right amendment to 26 CFR part 1 under shares with respect to which options or is granted must specify the maximum section 162(m) of the Code. rights may be granted during a specified number of shares with respect to which Section 162(m) was added to the Code period to any employee; and, (3) under options or rights may be granted to any by section 3211(a) of the Omnibus the terms of the option or right, the individual employee during a specified Budget Reconciliation Act of 1993, amount of compensation the employee period. Accordingly, if a plan states an Public Law 103–66. Proposed can receive is based solely on an aggregate maximum number of shares regulations under section 162(m) were increase in the value of the stock after that may be granted but does not published in the Federal Register on the date of the grant or award. contain a specific per-employee December 20, 1993 (58 FR 66310). Final The legislative history for section limitation on the number of options that regulations under section 162(m) were 162(m) provides that ‘‘[i]n the case of may be granted, then any compensation published in the Federal Register on stock options, it is intended that the attributable to the stock options or rights December 20, 1995 (TD 8650) (60 FR directors may retain discretion as to the granted under the plan is not qualified 65534). exact number of options that are granted performance-based compensation under The IRS and the Treasury Department to an executive, provided that the § 1.162–27(e)(2)(vi). A plan satisfies have received questions regarding the maximum number of options that the § 1.162–27(e)(2)(vi) where the terms of requirement that a stock-based individual executive may receive during the plan specify that an individual compensation plan must state the a specified period is predetermined.’’ employee may be granted options or maximum number of shares with H.R. Conf. Rep. No. 213, 103rd Cong., rights to receive the maximum number respect to which stock options or stock 1st Sess. 586–87 (1993), reprinted in of shares authorized under the plan appreciation rights may be granted 1993 U.S.C.C.A.N. 1088, 1275–6. during a specified period. Example 9 of under the plan to any employee to The preamble to the proposed 1993 § 1.162–27(e)(2)(vii) of the regulations qualify as performance-based Treasury Regulations (58 FR 66310) has been modified to illustrate these compensation under section 162(m). under section 162(m) explains the principles.

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These proposed regulations also restricted stock unit is a right to an Comments and Requests for Public provide a related clarification of the amount based on the value of the Hearing shareholder approval requirement under employer’s stock, and which is payable Before these proposed regulations are § 1.162–27(e)(4). Specifically, § 1.162– in cash, shares of the stock, or other adopted as final regulations, 27(e)(4)(iv) is clarified to provide that property (as defined in § 1.83–3(e)), consideration will be given to any the requirement for description of the following the satisfaction of a specified written (a signed original and eight (8) compensation in this section is satisfied vesting condition. Compensation copies) or electronic comments that are where the maximum number of shares payable under a phantom stock timely submitted to the IRS. The IRS for which grants may be made to each arrangement is compensation that is and the Treasury Department individual employee during a specified paid at a future date in cash or in specifically request comments on the period and the exercise price of those property based on the value of the clarity of the proposed rules and how options is disclosed to the shareholders employer’s stock. they can be made easier to understand. of the corporation. The preamble to the final 1994 All comments will be available for 2. Compensation payable under Treasury Regulations (60 FR 65534) public inspection and copying. A public restricted stock units paid by companies under section 162(m) specifically hearing will be scheduled if requested that become publicly held. addressed the types of compensation Section 1.162–27(f)(1) of the current in writing by any person that timely regulations provides that in the case of covered under § 1.162–27(f)(3): submits written comments. If a public a corporation that was not a publicly Commentators have asked that the relief hearing is scheduled, notice of the date, held corporation and then becomes a provided in the 1994 amendments for stock time, and place for the public hearing publicly held corporation, the options, stock appreciation rights, and will be published in the Federal $1,000,000 deduction limit ‘‘does not restricted property be extended even further Register. to cover other stock-based compensation and apply to any remuneration paid deferred compensation in general. After Drafting Information pursuant to a compensation plan or careful consideration of the comments The principal author of these agreement that existed during the period received, the IRS and Treasury have proposed regulations is Ilya Enkishev, in which the corporation was not concluded that there is not adequate Office of the Division Counsel/Associate publicly held.’’ If a corporation becomes justification for a further expansion of the Chief Counsel (Tax Exempt and publicly held in connection with an 1994 expansion of the prior regulatory initial public offering (IPO), then the transition relief for previously approved Government Entities). However, other relief provided in § 1.162–27(f)(1) plans and agreements, or the other similar personnel from the IRS and the Treasury applies only to the extent that the relief provisions added in 1994. Department participated in their development. prospectus accompanying the IPO Accordingly, only compensation disclosed information concerning the attributable to stock options, stock List of Subjects in 26 CFR Part 1 existing compensation plans or appreciation rights, and restricted Income taxes, Reporting and agreements and satisfied all applicable property is covered under § 1.162– recordkeeping requirements. securities laws. 27(f)(3). The proposed regulations Pursuant to § 1.162–27(f)(2), a clarify that the general rule of § 1.162– Proposed Amendments to the corporation may rely on § 1.162–27(f)(1) 27(f)(1) applies to all compensation Regulations until the earliest of: (i) The expiration of other than compensation specifically Accordingly, 26 CFR part 1 is the plan or agreement; (ii) the material identified in § 1.162–27(f)(3). proposed to be amended as follows: modification of the plan or agreement; (iii) the issuance of all employer stock Proposed Effective/Applicability Date PART 1—INCOME TAXES and other compensation that has been allocated under the plan; or (iv) the first These regulations under section Paragraph 1. The authority citation meeting of shareholders at which 162(m) are proposed to apply to taxable for part 1 continues to read in part as directors are to be elected that occurs years ending on or after the date of follows: after the close of the third calendar year publication of the Treasury decision Authority: 26 U.S.C. 7805 * * *. following the calendar year in which the adopting these rules as final regulation Par. 2. Section 1.162–27 paragraphs IPO occurs or, in the case of a privately in the Federal Register. (e)(2)(vi)(A), (e)(2)(vii) Example 9, held corporation that becomes publicly Special Analyses (e)(4)(iv) and (f)(3) are revised and held without an IPO, the first calendar paragraph (j)(2)(vi) is added to read as year following the calendar year in It has been determined that this notice follows: which the corporation becomes publicly of proposed rulemaking is not a held. Section 1.162–27(f)(3) provides significant regulatory action as defined § 1.162–27 Certain employee remuneration that the relief provided under § 1.162– in Executive Order 12866. Therefore, a in excess of $1,000,000. 27(f)(1) applies to any compensation regulatory assessment is not required. It * * * * * received pursuant the exercise of a stock also has been determined that section (e) * * * option or stock appreciation right, or the 553(b) of the Administrative Procedure (2) * * * substantial vesting of restricted Act (5 U.S.C. chapter 5) does not apply (vi) * * * property, granted under a plan or to these regulations, and because the (A) In general. Compensation agreement described in § 1.162–27(f)(1) regulations do not impose a collection attributable to a stock option or a stock if the grant occurs on or before the of information on small entities, the appreciation right is deemed to satisfy earliest of the events specified in Regulatory Flexibility Act (5 U.S.C. the requirements of this paragraph (e)(2) § 1.162–27(f)(2). chapter 6) does not apply. Pursuant to if the grant or award is made by the Practitioners have asked whether section 7805(f) of the Code, this compensation committee; the plan compensation payable under a restricted regulation has been submitted to the under which the option or right is stock unit arrangement or a phantom Chief Counsel for Advocacy of the Small granted states the maximum number of stock arrangement is eligible for the Business Administration for comment shares with respect to which options or relief provided in § 1.162–27(f)(3). A on its impact on small business. rights may be granted during a specified

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period to any individual employee; and, those options satisfies the requirements of as final regulations in the Federal under the terms of the option or right, paragraph (e)(2)(vi) of this section. Register. the amount of compensation the * * * * * Steven T. Miller, employee could receive is based solely (4) * * * on an increase in the value of the stock (iv) Description of compensation. Deputy Commissioner for Services and Enforcement. after the date of the grant or award. Disclosure as to the compensation Conversely, if the amount of payable under a performance goal must [FR Doc. 2011–15653 Filed 6–23–11; 8:45 am] compensation the employee will receive be specific enough so that shareholders BILLING CODE 4830–01–P under the grant or award is not based can determine the maximum amount of solely on an increase in the value of the compensation that could be paid to any DEPARTMENT OF THE TREASURY stock after the date of grant or award (for individual employee during a specified example, in the case of restricted stock, period. If the terms of the performance Internal Revenue Service or an option that is granted with an goal do not provide for a maximum exercise price that is less than the fair dollar amount, the disclosure must 26 CFR Part 54 market value of the stock as of the date include the formula under which the of grant), none of the compensation compensation would be calculated. [REG–125592–10] attributable to the grant or award is Thus, if compensation attributable to RIN 1545–BJ62 qualified performance-based the exercise of stock options is equal to compensation because it does not satisfy the difference in the exercise price and Requirements for Group Health Plans the requirement of this paragraph the current value of the stock, then and Health Insurance Issuers Relating (e)(2)(vi)(A). Whether a stock option disclosure of the maximum number of to Internal Claims and Appeals and grant is based solely on an increase in shares for which grants may be made to External Review Processes Under the the value of the stock after the date of any individual employee during a Patient Protection and Affordable Care grant is determined without regard to specified period and the exercise price Act any dividend equivalent that may be of those options (for example, fair payable, provided that payment of the market value on date of grant) would AGENCY: Internal Revenue Service (IRS), dividend equivalent is not made satisfy the requirements of this Treasury. contingent on the exercise of the option. paragraph (e)(4)(iv). In that case, ACTION: Notice of proposed rulemaking The rule that the compensation shareholders could calculate the by cross-reference to temporary attributable to a stock option or stock maximum amount of compensation that regulations. appreciation right must be based solely would be attributable to the exercise of on an increase in the value of the stock options on the basis of their SUMMARY: Elsewhere in this issue of the after the date of grant or award does not assumptions as to the future stock price. Federal Register, the IRS is issuing an amendment to temporary regulations apply if the grant or award is made on * * * * * published July 23, 2010 under the account of, or if the vesting or (f) * * * provisions of the Patient Protection and exercisability of the grant or award is (3) Stock-based compensation. Affordable Care Act (the Affordable Care contingent on, the attainment of a Paragraph (f)(1) of this section will Act) regarding internal claims and performance goal that satisfies the apply to any compensation received appeals and external review processes. requirements of this paragraph (e)(2). pursuant to the exercise of a stock The IRS is issuing the temporary option or stock appreciation right, or the * * * * * regulations at the same time that the substantial vesting of restricted (vii) * * * Employee Benefits Security property, granted under a plan or Administration of the U.S. Department Example 9. Corporation V establishes a agreement described in paragraph (f)(2) of Labor and the Center for Consumer stock option plan for salaried employees. The of this section if the grant occurs on or Information & Insurance Oversight of terms of the stock option plan specify that no before the earliest of the event specified individual salaried employee shall receive the U.S. Department of Health and in paragraph (f)(2) of this section. This options for more than 100,000 shares over Human Services are issuing a paragraph does not apply to any form of any 3-year period. The compensation substantially similar amendment to stock-based compensation other than committee grants options for 50,000 shares to interim final regulations published July the forms listed in the immediately each of several salaried employees. The 23, 2010 with respect to group health exercise price of each option is equal to or preceding sentence. Thus, for example, plans and health insurance coverage greater than the fair market value at the time compensation payable under a restricted offered in connection with a group of each grant. Compensation attributable to stock unit arrangement or a phantom health plan under the Employee the exercise of the options satisfies the stock arrangement must be paid, rather Retirement Income Security Act of 1974 requirements of this paragraph (e)(2). If, than merely granted, on or before the and the Public Health Service Act. The however, the terms of the options provide occurrence of the earliest of the events that the exercise price is less than fair market temporary regulations provide guidance specified in paragraph (f)(2) of this value at the date of grant, no compensation to employers, group health plans, and section in order for paragraph (f)(1) to attributable to the exercise of those options health insurance issuers providing apply. satisfies the requirements of this paragraph group health insurance coverage. The (e)(2) unless issuance or exercise of the * * * * * text of those temporary regulations also options was contingent upon the attainment (j) * * * of a preestablished performance goal that serves as the text of these proposed (2) * * * regulations. satisfies this paragraph (e)(2). If, however, the (vi) The clarifications to paragraphs terms of the plan also provide that (e)(2)(vi)(A), (e)(2)(vii) Example 9, and DATES: Written or electronic comments Corporation V could grant options to (e)(4)(iv) of this section apply on or after and requests for a public hearing must purchase no more than 900,000 shares over be received by July 25, 2011. any 3-year period, but did not provide a June 24, 2011. The modification to limitation on the number of shares that any paragraph (f)(3) of this section applies ADDRESSES: Send submissions to: individual employee could purchase, then no on or after the date of publication of the CC:PA:LPD:PR (REG–125592–10), Room compensation attributable to the exercise of Treasury decision adopting these rules 5205, Internal Revenue Service, P.O.

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Box 7604, Ben Franklin Station, benefit determination as part of an List of Subjects in 26 CFR Part 54 Washington, DC 20044. Submissions internal appeal, to provide notice of an Excise taxes, Health care, Health may be hand-delivered to: adverse benefit determination and of a insurance, Pensions, Reporting and CC:PA:LPD:PR (REG–125592–10), final internal adverse benefit recordkeeping requirements. Courier’s Desk, Internal Revenue determination, and to disclose the right Service, 1111 Constitution Avenue, to an external review. Under the Proposed Amendments to the NW., Washington, DC 20224. temporary regulations, if a health Regulations Alternatively, taxpayers may submit insurance issuer satisfies the obligations Accordingly, 26 CFR part 54 is comments electronically via the Federal to have effective internal claims and proposed to be amended as follows: eRulemaking Portal at http:// appeals and external review processes www.regulations.gov (IRS REG–125592– (including these information collection PART 54—PENSION EXCISE TAXES 10). requirements that are an inherent part of Paragraph 1. The authority citation FOR FURTHER INFORMATION CONTACT: those processes), those obligations are for part 54 continues to read in part as Concerning the regulations, Karen Levin satisfied not just for the issuer but also follows: at 202–622–6080; concerning for the group health plan. For group Authority: 26 U.S.C. 7805 * * * submissions of comments, health plans maintained by small Oluwafunmilayo Taylor at 202–622– entities, it is anticipated that the health Par. 2. Proposed § 54.9815–2719 as 7180 (not toll-free numbers). insurance issuer will satisfy those published on July 23, 2010, 75 FR SUPPLEMENTARY INFORMATION: obligations to have effective internal 43330, is amended by: claims and appeals and external review 1. Revising paragraphs (b)(2)(ii)(B), Background and Explanation of processes (including these information (b)(2)(ii)(E)(1), (b)(2)(ii)(F), (c)(2)(xi), Provisions collection requirements that are an (c)(3), (d)(1), (d)(2)(iv), and (e). The temporary regulations published inherent part of those processes) for 2. Redesignating (b)(2)(ii)(E)(2), elsewhere in this issue of the Federal both the plan and the issuer in almost (b)(2)(ii)(E)(3), and (b)(2)(ii)(E)(4) as Register amend § 54.9815–2719T of the all cases. For this reason, these (b)(2)(ii)(E)(3), (b)(2)(ii)(E)(4), and Miscellaneous Excise Tax Regulations. information collection requirements (b)(2)(ii)(E)(5), respectively. 3. Adding new paragraph The proposed and temporary will not impose a significant impact on (b)(2)(ii)(E)(2). regulations are being published as part a substantial number of small entities. Pursuant to section 7805(f) of the The revisions and addition read as of a joint rulemaking with the follows: Department of Labor and the Internal Revenue Code, this regulation Department of Health and Human has been submitted to the Chief Counsel § 54.9815–2719 Internal claims and Services (the joint rulemaking). The text for Advocacy of the Small Business appeals and external review processes. of those temporary regulations also Administration for comment on its * * * * * serves as the text of these proposed impact on small business. (b) * * * regulations. The preamble to the Comments and Requests for a Public (2) * * * temporary regulations explains the Hearing (ii) * * * temporary regulations and these (B) [The text of proposed § 54.9815– proposed regulations. Before these proposed regulations are 2719(b)(2)(ii)(B) is the same as the text adopted as final regulations, of § 54.9815–2719T(b)(2)(ii)(B) Special Analyses consideration will be given to any published elsewhere in this issue of the It has been determined that this notice written comments (a signed original and Federal Register]. of proposed rulemaking is not a eight (8) copies) or electronic comments * * * * * significant regulatory action as defined that are submitted timely to the IRS. (E) * * * in Executive Order 12866. Therefore, a Comments are specifically requested on (1) [The text of proposed § 54.9815– regulatory assessment is not required. It the clarity of the proposed regulations 2719(b)(2)(ii)(E)(1) is the same as the has also been determined that section and how they may be made easier to text of § 54.9815–2719T(b)(2)(ii)(E)(1) 553(b) of the Administrative Procedure understand. All comments will be published elsewhere in this issue of the Act (5 U.S.C. chapter 5) does not apply available for public inspection and Federal Register]. to this proposed regulation. It is hereby copying. A public hearing may be (2) [The text of proposed § 54.9815– certified that the collections of scheduled if requested in writing by a 2719(b)(2)(ii)(E)(2) is the same as the information contained in this notice of person that timely submits written text of § 54.9815–2719T(b)(2)(ii)(E)(2) proposed rulemaking will not have a comments. If a public hearing is published elsewhere in this issue of the significant impact on a substantial scheduled, notice of the date, time, and Federal Register]. number of small entities. Accordingly, a place for the hearing will be published * * * * * regulatory flexibility analysis under the in the Federal Register. (F) [The text of proposed § 54.9815– 2719(b)(2)(ii)(F) is the same as the text Regulatory Flexibility Act (5 U.S.C. Drafting Information chapter 6) is not required. Section of § 54.9815–2719T(b)(2)(ii)(F) 54.9815–2719T of the temporary The principal author of these published elsewhere in this issue of the regulations, as amended, requires both proposed regulations is Karen Levin, Federal Register]. group health insurance issuers and Office of the Division Counsel/Associate * * * * * group health plans to establish internal Chief Counsel (Tax Exempt and (c) * * * claims and appeals and external review Government Entities), IRS. The (2) * * * processes for adverse benefit proposed regulations, as well as the (xi) [The text of proposed § 54.9815– determinations. Those processes require temporary regulations, have been 2719(c)(2)(xi) is the same as the text of the plan and issuer to disclose evidence developed in coordination with § 54.9815–2719T(c)(2)(xi) published relied upon in making an adverse personnel from the U.S. Department of elsewhere in this issue of the Federal benefit determination, to disclose any Labor and the U.S. Department of Register]. new rationale for upholding an adverse Health and Human Services. * * * * *

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(3) [The text of proposed § 54.9815– 2011–0268 using any one of the the Docket Management Facility. We 2719(c)(3) is the same as the text of following methods: recommend that you include your name § 54.9815–2719T(c)(3) published (1) Federal Rulemaking Portal: and a mailing address, an e-mail elsewhere in this issue of the Federal http://www.regulations.gov. address, or a phone number in the body Register]. (2) Fax: 202–493–2251. of your document so that we can contact (d) * * * (3) Mail: Docket Management Facility you if we have questions regarding your (1) [The text of proposed § 54.9815– (M–30), U.S. Department of submission. 2719(d)(1) is the same as the text of Transportation, West Building Ground To submit your comment online, go to § 54.9815–2719T(d)(1) published Floor, Room W12–140, 1200 New Jersey http://www.regulations.gov, click on the elsewhere in this issue of the Federal Avenue, SE., Washington, DC, 20590– ‘‘submit a comment’’ box, which will Register]. 0001. then become highlighted in blue. In the * * * * * (4) Hand delivery: Same as mail ‘‘Document Type’’ drop down menu (2) * * * address above, between 9 a.m. and select ‘‘Proposed Rules’’ and insert (iv) [The text of proposed § 54.9815– 5 p.m., Monday through Friday, except ‘‘USCG–2011–0268’’ in the ‘‘Keyword’’ 2719(d)(2)(iv) is the same as the text of Federal holidays. The telephone number box. Click ‘‘Search’’ then click on the § 54.9815–2719T(d)(2)(iv) published is 202–366–9329. balloon shape in the ‘‘Actions’’ column. elsewhere in this issue of the Federal To avoid duplication, please use only If you submit your comments by mail or Register]. one of these methods. See the ‘‘Public hand delivery, submit them in an Participation and Request for unbound format, no larger than 8c by 11 * * * * * Comments’’ portion of the inches, suitable for copying and (e) [The text of proposed § 54.9815– SUPPLEMENTARY INFORMATION section electronic filing. If you submit them by 2719(e) is the same as the text of below for instructions on submitting mail and would like to know that they § 54.9815–2719T(e) published comments. reached the Facility, please enclose a elsewhere in this issue of the Federal stamped, self-addressed postcard or FOR FURTHER INFORMATION CONTACT: If Register]. envelope. We will consider all you have questions on this proposed * * * * * comments and material received during rule, call or e-mail Mr. John W. the comment period and may change Steven T. Miller, McDonald, Project Officer, First Coast the rule based on your comments. Deputy Commissioner for Services and Guard District Bridge Program, Enforcement. telephone (617) 223–8364, e-mail Viewing comments and documents [FR Doc. 2011–15891 Filed 6–22–11; 4:15 pm] [email protected]. If you have To view comments, as well as BILLING CODE 4830–01–P questions on viewing or submitting documents mentioned in this preamble material to the docket, call Renee V. as being available in the docket, go to Wright, Program Manager, Docket http://www.regulations.gov, click on the DEPARTMENT OF HOMELAND Operations, telephone 202–366–9826. ‘‘read comments’’ box, which will then SECURITY SUPPLEMENTARY INFORMATION: become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– Coast Guard Public Participation and Request for Comments 0268’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ 33 CFR Part 117 We encourage you to participate in column. You may also visit either the this rulemaking by submitting [Docket No. USCG–2011–0268] Docket Management Facility in Room comments and related materials. All W12–140 on the ground floor of the RIN 1625–AA09 comments received will be posted, Department of Transportation West without change to http:// Building, 1200 New Jersey Avenue, SE., Drawbridge Operation Regulation; www.regulations.gov and will include Washington, DC, 20590, between 9 a.m. Passaic River, Harrison, NJ any personal information you have and 5 p.m., Monday through Friday, provided. AGENCY: Coast Guard, DHS. except Federal holidays. We have an agreement with the Department of ACTION: Notice of proposed rulemaking. Submitting comments Transportation to use the Docket If you submit a comment, please Management Facility. SUMMARY: The Coast Guard proposes to include the docket number for this change the drawbridge operation rulemaking (USCG–2011–0268), Privacy Act regulations that govern the operation of indicate the specific section of this the Amtrak’s Dock Bridge across the Anyone can search the electronic document to which each comment form of comments received into any of Passaic River, mile 5.0, at Harrison, New applies, and provide a reason for each Jersey. The owner of the bridge has our dockets by the name of the suggestion or recommendation. You individual submitting the comment (or requested relief from crewing the bridge may submit your comments and at all times because the bridge has signing the comment, if submitted on material online (http:// behalf of an association, business, labor received few requests to open during www.regulations.gov,) or by fax, mail or past years. It is expected that an union, etc.). You may review a Privacy hand delivery, but please use only one Act notice regarding our public dockets advance notice requirement for bridge of these means. If you submit a openings could provide relief to the in the January 17, 2008, issue of the comment online via http:// Federal Register (73 FR 3316). bridge owner while continuing to meet www.regulations.gov, it will be the reasonable needs of navigation. considered received by the Coast Guard Public Meeting DATES: Comments and related material when you successfully transmit the We do not now plan to hold a public must be received by the Coast Guard on comment. If you fax, hand delivery, or meeting. But you may submit a request or before August 23, 2011. mail your comment, it will be for one using one of the four methods ADDRESSES: You may submit comments considered as having been received by specified under ADDRESSES. Please identified by docket number USCG– the Coast Guard when it is received at explain why one would be beneficial. If

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we determine that one would aid this based on 13 of these statutes or please submit a comment (see rulemaking, we will hold one at a time executive orders. ADDRESSES) explaining why you think it and place announced by a later notice qualifies and how and to what degree Regulatory Planning and Review in the Federal Register. this rule would economically affect it. This proposed rule is not a Basis and Purpose ‘‘significant regulatory action’’ under Assistance for Small Entities The Amtrak Dock Bridge, mile 5.0, section 3(f) of Executive Order 12866, Under section 213(a) of the Small across the Passaic River, at Harrison, Regulatory Planning and Review, as Business Regulatory Enforcement New Jersey, has a vertical clearance in supplemented by Executive Order Fairness Act of 1996 (Pub. L. 104–121), the closed position of 24 feet at mean 13563, Improving Regulation and we want to assist small entities in high water and 29 feet at mean low Regulatory Review, and does not require understanding this proposed rule so that water. The drawbridge operation an assessment of potential costs and they can better evaluate its effects on regulations are listed at 33 CFR benefits under section 6(a)(3) of them and participate in the rulemaking. 117.739(e). Executive Order 12866 or under section If the rule would affect your small The existing drawbridge operation 1 of Executive Order 13563. The Office business, organization, or governmental regulations require the draw to open on of Management and Budget has not jurisdiction and you have questions signal; except that, from 7:20 a.m. to reviewed it under those Orders. concerning its provisions or options for 9:20 a.m. and 4:30 p.m. to 6:50 p.m., We expect the economic impact of compliance, please contact Mr. John W. Monday through Friday, except Federal this proposed rule to be minimal. McDonald, Project Officer, First Coast holidays, the draw need not be opened. Although this regulation may have some Guard District Bridge Program, At all other times, an opening may be impact on the public, the potential telephone 617–223–8364 or e-mail delayed no more than ten minutes, impact will be minimized for the [email protected]. unless the draw tender and the vessel following reasons: The Coast Guard will not retaliate The bridge has only received eight operator, communicating by radio- against small entities that question or requests to open during the past three telephone, agree to a longer delay. complain about this proposed rule or years. The bridge openings can still be The bridge has received only eight any policy or action of the Coast Guard. requests to open during the past three obtained at any time, except the Collection of Information years. morning and afternoon closed periods, by providing at least a twenty-four hour The Coast Guard received a request This proposed rule would call for no advance notice. from the owner of the bridge, National new collection of information under the Railroad Passenger Corporation Small Entities Paperwork Reduction Act of 1995 (44 (Amtrak), for relief from crewing the Under the Regulatory Flexibility Act U.S.C. 3501–3520.). bridge at all times. Amtrak requested (5 U.S.C. 601–612), we have considered Federalism that a twenty-four hour advance notice whether this proposed rule would have be required for all bridge openings, a significant economic impact on a A rule has implications for federalism except during the existing morning and substantial number of small entities. under Executive Order 13132, afternoon closed periods. The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct As a result of the fact that the bridge small businesses, not-for-profit effect on State or local governments and has received only eight requests to open organizations that are independently would either preempt State law or during the past three years, the Coast owned and operated and are not impose a substantial direct cost of Guard believes it is reasonable for the dominant in their fields, and compliance on them. We have analyzed bridge owner to require a twenty-four governmental jurisdictions with this proposed rule under that Order and hour advance notice for bridge openings populations of less than 50,000. have determined that it does not have and that doing so would continue to The Coast Guard certifies under 5 implications for federalism. meet the reasonable needs of navigation. U.S.C. 605(b) that this proposed rule Unfunded Mandates Reform Act Discussion of Proposed Rule would not have a significant economic impact on a substantial number of small The Unfunded Mandates Reform Act The Coast Guard proposes to amend entities. This proposed rule would affect of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 117.739 by changing the current the following entities, some of which Federal agencies to assess the effects of requirement from the bridge opening on might be small entities: The owners or their discretionary regulatory actions. In signal to the bridge opening after a operators of vessels needing to transit particular, the Act addresses actions required twenty-four hour advance the bridge. that may result in the expenditure by a notice is provided. The closed periods, This proposed rule would not have a State, local, or tribal government, in the 7:20 a.m. to 9:20 a.m. and 4:30 p.m. to significant economic impact on a aggregate, or by the private sector of 6:50 p.m., Monday through Friday, substantial number of small entities for $100,000,000 (adjusted for inflation) or except Federal holidays, would remain the following reasons: more in any one year. Though this in the revised regulation. The bridge only received eight proposed rule will not result in such an We will eliminate the reference to requests to open during the past three expenditure, we do discuss the effects of communicating by radio telephone from years. The bridge openings can still be this rule elsewhere in this preamble. the regulations since that is no longer obtained at any time, except during the Taking of Private Property the only method of communicating with Monday through Friday closed periods, the bridge. by providing a twenty-four hour This proposed rule would not cause a advance notice. taking of private property or otherwise Regulatory Analyses If you think that your business, have taking implications under We developed this proposed rule after organization, or governmental Executive Order 12630, Governmental considering numerous statutes and jurisdiction qualifies as a small entity Actions and Interference with executive orders related to rulemaking. and that this rule would have a Constitutionally Protected Property Below we summarize our analyses significant economic impact on it, Rights.

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Civil Justice Reform adopted by voluntary consensus Dated: June 10, 2011. This proposed rule meets applicable standards bodies. Daniel A. Neptun, standards in sections 3(a) and 3(b)(2) of This proposed rule does not use Rear Admiral, U.S. Coast Guard, Commander, Executive Order 12988, Civil Justice technical standards. Therefore, we did First Coast Guard District. Reform, to minimize litigation, not consider the use of voluntary [FR Doc. 2011–15807 Filed 6–23–11; 8:45 am] eliminate ambiguity, and reduce consensus standards. BILLING CODE 9110–04–P burden. Environment Protection of Children DEPARTMENT OF HOMELAND We have analyzed this proposed rule SECURITY We have analyzed this proposed rule under Department of Homeland under Executive Order 13045, Security Management Directive 023–01, Coast Guard Protection of Children from and Commandant Instruction Environmental Health Risks and Safety 33 CFR Part 117 Risks. This rule is not an economically M16475.lD which guides the Coast significant rule and would not create an Guard in complying with the National [Docket No. USCG–2011–0335] Environmental Policy Act of 1969 environmental risk to health or risk to RIN 1625–AA09 safety that might disproportionately (NEPA) (42 U.S.C. 4321–4370f), and affect children. have made a preliminary determination Drawbridge Operation Regulation; that this action is one of a category of Apponagansett River, Dartmouth, MA Indian Tribal Governments actions which do not individually or This proposed rule does not have cumulatively have a significant effect on AGENCY: Coast Guard, DHS. tribal implications under Executive the human environment because it ACTION: Notice of proposed rulemaking. Order 13175, Consultation and simply promulgates the operating SUMMARY: The Coast Guard proposes to Coordination with Indian Tribal regulations or procedures for change the drawbridge operation Governments, because it would not have drawbridges. We seek any comments or regulations that govern the operation of a substantial direct effect on one or information that may lead to the the Padanaram Bridge across the more Indian tribes, on the relationship discovery of a significant environmental Apponagansett River, mile 1.0, at between the Federal Government and impact from this proposed rule. Dartmouth, Massachusetts. The owner Indian tribes, or on the distribution of of the bridge has requested relief from power and responsibilities between the List of Subjects in 33 CFR Part 117 crewing the bridge in the early morning Federal Government and Indian tribes. Bridges. hours when there have been no requests Energy Effects For the reasons discussed in the to open the bridge. It is expected that this change to the regulations would We have analyzed this proposed rule preamble, the Coast Guard proposes to provide relief to the bridge owner while under Executive Order 13211, Actions amend 33 CFR part 117 as follows: Concerning Regulations That continuing to meet the reasonable needs Significantly Affect Energy Supply, PART 117—DRAWBRIDGE of navigation. Distribution, or Use. We have OPERATION REGULATIONS DATES: Comments and related material determined that it is not a ‘‘significant must be received by the Coast Guard on energy action’’ under that order because 1. The authority citation for part 117 or before August 23, 2011. it is not a ‘‘significant regulatory action’’ continues to read as follows: ADDRESSES: You may submit comments identified by docket number USCG– under Executive Order 12866 and is not Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 2011–0335 using any one of the likely to have a significant adverse effect Department of Homeland Security Delegation following methods: on the supply, distribution, or use of No. 0170.1. energy. The Administrator of the Office (1) Federal Rulemaking Portal: of Information and Regulatory Affairs 2. Revise § 33 CFR 117.739 paragraph http://www.regulations.gov. has not designated it as a significant (e) to read as follows: (2) Fax: 202–493–2251. energy action. Therefore, it does not (3) Mail: Docket Management Facility require a Statement of Energy Effects § 117.739 Passaic River. (M–30), U.S. Department of under Executive Order 13211. * * * * * Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Technical Standards (e) The draw of the Amtrak Dock Avenue, SE., Washington, DC Bridge, mile 5.0, at Harrison, shall open The National Technology Transfer 20590–0001. on signal after at least a twenty four and Advancement Act (NTTAA) (15 (4) Hand delivery: Same as mail U.S.C. 272 note) directs agencies to use hour advance notice is given by calling address above, between 9 a.m. and voluntary consensus standards in their the number posted at the bridge; except 5 p.m., Monday through Friday, except regulatory activities unless the agency that, from 7:20 a.m. to 9:20 a.m. and Federal holidays. The telephone number provides Congress, through the Office of from 4:30 p.m. to 6:50 p.m., Monday is 202–366–9329. Management and Budget, with an through Friday, except Federal holidays, To avoid duplication, please use only explanation of why using these the draw need not be opened for the one of these methods. See the ‘‘Public standards would be inconsistent with passage of vessel traffic. At all other Participation and Request for applicable law or otherwise impractical. times, a bridge opening may be delayed Comments’’ portion of the Voluntary consensus standards are no more than ten minutes for the SUPPLEMENTARY INFORMATION section technical standards (e.g., specifications passage of rail traffic, unless the draw below for instructions on submitting of materials, performance, design, or tender and the vessel operator agree to comments. operation; test methods; sampling a longer delay. FOR FURTHER INFORMATION CONTACT: If procedures; and related management * * * * * you have questions on this proposed systems practices) that are developed or rule, call or e-mail Mr. John W.

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McDonald, Project Officer, First Coast the comment period and may change owner desires to crew the bridge from Guard District Bridge Program, the rule based on your comments. 6 a.m. through 9 p.m. instead of 5 a.m. telephone (617) 223–8364, e-mail through 9 p.m., daily. Viewing Comments and Documents [email protected]. If you have A review of the bridge opening logs questions on viewing or submitting To view comments, as well as reveals that the bridge has not received material to the docket, call Renee V. documents mentioned in this preamble any requests to open between 5 a.m. and Wright, Program Manager, Docket as being available in the docket, go to 6 a.m. since 2009. Operations, telephone 202–366–9826. http://www.regulations.gov, click on the As a result of the above information SUPPLEMENTARY INFORMATION: ‘‘read comments’’ box, which will then the Coast Guard believes it is reasonable become highlighted in blue. In the for the bridge owner to crew the Public Participation and Request for ‘‘Keyword’’ box insert ‘‘USCG–2011– Padanaram Bridge from 6 a.m. through Comments 0335’’ and click ‘‘Search.’’ Click the 9 p.m., 1 May through 31 October, since We encourage you to participate in ‘‘Open Docket Folder’’ in the ‘‘Actions’’ there have been no recent requests to this rulemaking by submitting column. You may also visit either the open the bridge before 6 a.m. Docket Management Facility in Room comments and related materials. All Discussion of Proposed Rule comments received will be posted, W12–140 on the ground floor of the The Coast Guard proposes to amend without change to http:// Department of Transportation West 33 CFR 117.587(a) and (a)(1) by www.regulations.gov and will include Building, 1200 New Jersey Avenue, SE., changing the time the bridge will open any personal information you have Washington, DC 20590, between 9 a.m. on signal between 1 May and 31 provided. and 5 p.m., Monday through Friday, except Federal holidays. We have an October. Presently the bridge opens on Submitting Comments agreement with the Department of signal from 5 a.m. through 9 p.m., daily. If you submit a comment, please Transportation to use the Docket This action would change that time include the docket number for this Management Facility. period to 6 a.m. through 9 p.m., daily. All other requirements of the regulation rulemaking (USCG–2011–0335), Privacy Act indicate the specific section of this would remain unchanged. Anyone can search the electronic document to which each comment form of comments received into any of Regulatory Analyses applies, and provide a reason for each our dockets by the name of the We developed this proposed rule after suggestion or recommendation. You individual submitting the comment (or considering numerous statutes and may submit your comments and signing the comment, if submitted on executive orders related to rulemaking. material online (http:// behalf of an association, business, labor Below we summarize our analyses www.regulations.gov), or by fax, mail or union, etc.). You may review a Privacy based on 13 of these statutes or hand delivery, but please use only one Act notice regarding our public dockets executive orders. of these means. If you submit a in the January 17, 2008, issue of the comment online via http:// Regulatory Planning and Review Federal Register (73 FR 3316). www.regulations.gov, it will be This proposed rule is not a considered received by the Coast Guard Public Meeting ‘‘significant regulatory action’’ under when you successfully transmit the We do not now plan to hold a public section 3(f) of Executive Order 12866, comment. If you fax, hand delivery, or meeting. But you may submit a request Regulatory Planning and Review, as mail your comment, it will be for one using one of the four methods supplemented by Executive Order considered as having been received by specified under ADDRESSES. Please 13563, Improving Regulation and the Coast Guard when it is received at explain why one would be beneficial. If Regulatory Review, and does not require the Docket Management Facility. We we determine that one would aid this an assessment of potential costs and recommend that you include your name rulemaking, we will hold one at a time benefits under section 6(a)(3) of and a mailing address, an e-mail and place announced by a later notice Executive Order 12866 or under section address, or a phone number in the body in the Federal Register. 1 of Executive Order 13563. The Office of your document so that we can contact of Management and Budget has not you if we have questions regarding your Basis and Purpose reviewed it under those Orders. We submission. The Padanaram Bridge, mile 1.0, expect the economic impact of this To submit your comment online, go to across the Apponagansett River at proposed rule to be minimal. Although http://www.regulations.gov, click on the Dartmouth, Massachusetts, has a this regulation may have some impact ‘‘submit a comment’’ box, which will vertical clearance in the closed position on the public, the potential impact will then become highlighted in blue. In the of 9 feet at mean high water and 12 feet be minimized for the following reasons: ‘‘Document Type’’ drop down menu at mean low water. The drawbridge The bridge has not received any select ‘‘Proposed Rules’’ and insert operation regulations are listed at 33 recent requests to open between 5 a.m. ‘‘USCG–2011–0335’’ in the ‘‘Keyword’’ CFR 117.587. and 6 a.m., daily, between May 1 and box. Click ‘‘Search’’ then click on the The existing drawbridge operation October 31. The vessels moored balloon shape in the ‘‘Actions’’ column. regulations require the draw to open on upstream from the bridge are If you submit your comments by mail or signal 1 May through 31 October from recreational vessels and not commercial hand delivery, submit them in an 5 a.m. to 9 p.m., daily. At all other times operators. unbound format, no larger than 81⁄2; by the bridge shall open if at least four 11 inches, suitable for copying and hours advance notice is given. Small Entities electronic filing. If you submit them by The Coast Guard received a request Under the Regulatory Flexibility Act mail and would like to know that they from the owner of the bridge, the Town (5 U.S.C. 601–612), we have considered reached the Facility, please enclose a of Dartmouth, to change the drawbridge whether this proposed rule would have stamped, self-addressed postcard or operation regulations concerning the a significant economic impact on a envelope. We will consider all daily hours the bridge is crewed from 1 substantial number of small entities. comments and material received during May through 31 October. The bridge The term ‘‘small entities’’ comprises

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small businesses, not-for-profit compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ organizations that are independently this proposed rule under that Order and under Executive Order 12866 and is not owned and operated and are not have determined that it does not have likely to have a significant adverse effect dominant in their fields, and implications for federalism. on the supply, distribution, or use of governmental jurisdictions with energy. The Administrator of the Office Unfunded Mandates Reform Act populations of less than 50,000. of Information and Regulatory Affairs The Coast Guard certifies under The Unfunded Mandates Reform Act has not designated it as a significant 5 U.S.C. 605(b) that this proposed rule of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not would not have a significant economic Federal agencies to assess the effects of require a Statement of Energy Effects impact on a substantial number of small their discretionary regulatory actions. In under Executive Order 13211. entities. This proposed rule would affect particular, the Act addresses actions the following entities, some of which that may result in the expenditure by a Technical Standards might be small entities: the owners or State, local, or tribal government, in the The National Technology Transfer operators of vessels needing to transit aggregate, or by the private sector of and Advancement Act (NTTAA) (15 through the bridge between 1 May $100,000,000 (adjusted for inflation) or U.S.C. 272 note) directs agencies to use through 31 October from 5 a.m. to 6 a.m. more in any one year. Though this voluntary consensus standards in their This proposed rule would not have a proposed rule will not result in such an regulatory activities unless the agency significant economic impact on a expenditure, we do discuss the effects of provides Congress, through the Office of substantial number of small entities for this rule elsewhere in this preamble. Management and Budget, with an the following reasons: Taking of Private Property explanation of why using these The bridge has not received any standards would be inconsistent with This proposed rule would not cause a requests to open between 5 a.m. and applicable law or otherwise impractical. taking of private property or otherwise 6 a.m., daily, between May 1 and Voluntary consensus standards are have taking implications under October 31, since 2009. technical standards (e.g., specifications Executive Order 12630, Governmental If you think that your business, of materials, performance, design, or Actions and Interference with organization, or governmental operation; test methods; sampling Constitutionally Protected Property jurisdiction qualifies as a small entity procedures; and related management Rights. and that this rule would have a systems practices) that are developed or significant economic impact on it, Civil Justice Reform adopted by voluntary consensus please submit a comment (see standards bodies. ADDRESSES) explaining why you think it This proposed rule meets applicable qualifies and how and to what degree standards in sections 3(a) and 3(b)(2) of This proposed rule does not use this rule would economically affect it. Executive Order 12988, Civil Justice technical standards. Therefore, we did Reform, to minimize litigation, not consider the use of voluntary Assistance for Small Entities eliminate ambiguity, and reduce consensus standards. Under section 213(a) of the Small burden. Environment Business Regulatory Enforcement Protection of Children Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule we want to assist small entities in We have analyzed this proposed rule under Department of Homeland understanding this proposed rule so that under Executive Order 13045, Security Management Directive 023–01, they can better evaluate its effects on Protection of Children from and Commandant Instruction them and participate in the rulemaking. Environmental Health Risks and Safety M16475.lD which guides the Coast If the rule would affect your small Risks. This rule is not an economically Guard in complying with the National business, organization, or governmental significant rule and would not create an Environmental Policy Act of 1969 jurisdiction and you have questions environmental risk to health or risk to (NEPA)(42 U.S.C. 4321–4370f), and concerning its provisions or options for safety that might disproportionately have made a preliminary determination compliance, please contact Mr. John W. affect children. that this action is one of a category of McDonald, Project Officer, First Coast Indian Tribal Governments actions which do not individually or Guard District Bridge Program, cumulatively have a significant effect on telephone 617–223–8364 or e-mail This proposed rule does not have the human environment because it [email protected]. tribal implications under Executive simply promulgates the operating The Coast Guard will not retaliate Order 13175, Consultation and regulations or procedures for against small entities that question or Coordination with Indian Tribal drawbridges. We seek any comments or complain about this proposed rule or Governments, because it would not have information that may lead to the any policy or action of the Coast Guard. a substantial direct effect on one or discovery of a significant environmental more Indian tribes, on the relationship impact from this proposed rule. Collection of Information between the Federal Government and This proposed rule would call for no Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 117 new collection of information under the power and responsibilities between the Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. Bridges. U.S.C. 3501–3520.). Energy Effects For the reasons discussed in the Federalism preamble, the Coast Guard proposes to We have analyzed this proposed rule amend 33 CFR part 117 as follows: A rule has implications for federalism under Executive Order 13211, Actions under Executive Order 13132, Concerning Regulations That PART 117—DRAWBRIDGE Federalism, if it has a substantial direct Significantly Affect Energy Supply, OPERATION REGULATIONS effect on State or local governments and Distribution, or Use. We have would either preempt State law or determined that it is not a ‘‘significant 1. The authority citation for part 117 impose a substantial direct cost of energy action’’ under that order because continues to read as follows:

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Authority: 33 U.S.C. 499; 33 CFR 1.05–1; (NOX) and particulate matter (PM) Docket: Generally, documents in the Department of Homeland Security Delegation emissions from glass melting furnaces. docket for this action are available No. 0170.1. We are approving a local rule that electronically at http:// 2. Amend § 117.587 by revising regulates these emission sources under www.regulations.gov and in hard copy paragraphs (a) introductory text and the Clean Air Act as amended in 1990 at EPA Region IX, 75 Hawthorne Street, (a)(1) to read as follows: (CAA or the Act). We are taking San Francisco, California. While all comments on this proposal and plan to documents in the docket are listed at § 117.587 Apponagansett River. follow with a final action. http://www.regulations.gov, some (a) The draw of the Padanaram Bridge, DATES: Any comments must arrive by information may be publicly available mile 1.0, shall open on signal July 25, 2011. only at the hard copy location (e.g., from 1 May through 31 October, ADDRESSES: Submit comments, copyrighted material, large maps), and between 6 a.m. and 9 p.m., daily, as identified by docket number EPA–R09– some may not be publicly available in follows: OAR–2011–0412, by one of the either location (e.g., CBI). To inspect the (1) The bridge shall open on signal, following methods: hard copy materials, please schedule an twice an hour, on the hour and half 1. Federal eRulemaking Portal: http:// appointment during normal business hour between 6 a.m. and 9 a.m. and www.regulations.gov. Follow the on-line hours with the contact listed in the FOR between 8 p.m. and 9 p.m. instructions. FURTHER INFORMATION CONTACT section. * * * * * 2. E-mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Dated: June 10, 2011. 3. Mail or deliver: Andrew Steckel (Air–4), U.S. Environmental Protection Idalia Pe´rez, EPA Region IX, (415) 972– Daniel A. Neptun, 3248, [email protected]. Rear Admiral, U.S. Coast Guard, Commander, Agency Region IX, 75 Hawthorne Street, First Coast Guard District. San Francisco, CA 94105–3901. SUPPLEMENTARY INFORMATION: Instructions: All comments will be [FR Doc. 2011–15809 Filed 6–23–11; 8:45 am] Throughout this document, ‘‘we,’’ ‘‘us’’ included in the public docket without and ‘‘our’’ refer to EPA. BILLING CODE 9110–04–P change and may be made available online at http://www.regulations.gov, Table of Contents including any personal information I. The State’s Submittal ENVIRONMENTAL PROTECTION provided, unless the comment includes AGENCY A. What rule did the State submit? Confidential Business Information (CBI) B. Are there other versions of this rule? 40 CFR Part 52 or other information whose disclosure is C. What is the purpose of the submitted restricted by statute. Information that rule revision? [EPA–R09–OAR–2011–0412; FRL–9324–1] you consider CBI or otherwise protected II. EPA’s Evaluation and Action should be clearly identified as such and A. How is EPA evaluating the rule? Revisions to the California State should not be submitted through http:// B. Does the rule meet the evaluation Implementation Plan, San Joaquin www.regulations.gov or e-mail. http:// criteria? Valley Unified Air Pollution Control www.regulations.gov is an ‘‘anonymous C. EPA Recommendations to Further District Improve the Rule access’’ system, and EPA will not know D. Public Comment and Final Action AGENCY: Environmental Protection your identity or contact information III. Statutory and Executive Order Reviews Agency (EPA). unless you provide it in the body of I. The State’s Submittal ACTION: Proposed rule. your comment. If you send e-mail directly to EPA, your e-mail address A. What rule did the State submit? SUMMARY: EPA is proposing to approve will be automatically captured and revisions to the San Joaquin Valley included as part of the public comment. Table 1 lists the rule addressed by this Unified Air Pollution Control District If EPA cannot read your comment due proposal with the date that it was (SJVUAPCD) portion of the California to technical difficulties and cannot adopted by the local air agency and State Implementation Plan (SIP). These contact you for clarification, EPA may submitted by the California Air revisions concern oxides of nitrogen not be able to consider your comment. Resources Board (CARB).

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ...... 4354 Glass Melting Furnaces ...... 09/16/10 04/05/11

On May 6, 2011, EPA determined that C. What is the purpose of the submitted States to submit regulations that control the submittal for SJVUAPCD Rule 4354 rule revision? NOX and PM emissions. Rule 4354 met the completeness criteria in 40 CFR limits NO , oxides of sulfur (SO ), NO helps produce ground-level X X part 51 Appendix V, which must be met X PM , volatile organic compounds ozone, smog and PM, which harm 10 before formal EPA review. (VOCs) and carbon monoxide (CO) human health and the environment. PM emissions from glass melting furnaces. B. Are there other versions of this rule? contributes to effects that are harmful to human health and the environment, EPA’s technical support document We approved an earlier version of including premature mortality, (TSD) has more information about this Rule 4354 into the SIP on August 17, aggravation of respiratory and rule. 2006 (72 FR 41894). The SJVUAPCD cardiovascular disease, decreased lung adopted revisions to the SIP-approved function, visibility impairment, and version on October 16, 2008 but did not damage to vegetation and ecosystems. submit it to us. Section 110(a) of the CAA requires

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II. EPA’s Evaluation and Action C. EPA Recommendations to Further • Is not subject to requirements of Improve the Rule Section 12(d) of the National A. How is EPA evaluating the rule? The TSD describes additional rule Technology Transfer and Advancement Generally, SIP rules must be revisions that we recommend for the Act of 1995 (15 U.S.C. 272 note) because enforceable (see section 110(a) of the next time the local agency modifies the application of those requirements would Act), must require Reasonably Available rule but are not currently the basis for be inconsistent with the Clean Air Act; Control Technology (RACT) for each rule disapproval. and category of sources covered by a Control • Does not provide EPA with the Techniques Guidelines (CTG) document D. Public Comment and Final Action discretionary authority to address as well as each major source in Because EPA believes the submitted disproportionate human health or nonattainment areas (see sections rule fulfills all relevant requirements, environmental effects with practical, 182(b)(2) and 182(f)), must not interfere we are proposing to fully approve it as appropriate, and legally permissible with any applicable requirements described in section 110(k)(3) of the Act. methods under Executive Order 12898 concerning attainment and reasonable We will accept comments from the (59 FR 7629, February 16, 1994). further progress (RFP) or any other public on this proposal for the next 30 In addition, this rule does not have applicable requirement of the Act (CAA days. Unless we receive convincing new tribal implications as specified by 110(l)) or modify, in a nonattainment information during the comment period, Executive Order 13175 (65 FR 67249, area, any SIP-approved control we intend to publish a final approval November 9, 2000), because the SIP is requirement in effect before November action that will incorporate this rule not approved to apply in Indian country 15, 1990 (CAA 193). The SJVUAPCD into the federally enforceable SIP. located in the State, and EPA notes that regulates an ozone and nonattainment it will not impose substantial direct area (see 40 CFR part 81), so Rule 4354 III. Statutory and Executive Order costs on tribal governments or preempt must fulfill RACT. Reviews tribal law. Under the Clean Air Act, the Guidance and policy documents that List of Subjects in 40 CFR Part 52 we use to evaluate enforceability and Administrator is required to approve a RACT requirements consistently SIP submission that complies with the Environmental protection, Air include the following: provisions of the Act and applicable pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, 1. ‘‘State Implementation Plans; Federal regulations. 42 U.S.C. 7410(k); Particulate matter, Reporting and Nitrogen Oxides Supplement to the 40 CFR 52.02(a). Thus, in reviewing SIP recordkeeping requirements, Volatile General Preamble; Clean Air Act submissions, EPA’s role is to approve organic compounds. Amendments of 1990 Implementation of State choices, provided that they meet Title I; Proposed Rule,’’ (the NO the criteria of the Clean Air Act. Authority: 42 U.S.C. 7401 et seq. X Accordingly, this action merely Supplement), 57 FR 55620, November Dated: June 14, 2011. 25, 1992. approves State law as meeting Federal requirements and does not impose Jared Blumenfeld, 2. ‘‘Issues Relating to VOC Regulation additional requirements beyond those Regional Administrator, Region IX. Cutpoints, Deficiencies, and imposed by State law. For that reason, [FR Doc. 2011–15882 Filed 6–23–11; 8:45 am] Deviations,’’ EPA, May 25, 1988 (the this action: BILLING CODE 6560–50–P Bluebook). • Is not a ‘‘significant regulatory 3. ‘‘Guidance Document for Correcting action’’ subject to review by the Office Common VOC & Other Rule of Management and Budget under ENVIRONMENTAL PROTECTION Deficiencies,’’ EPA Region 9, August 21, Executive Order 12866 (58 FR 51735, AGENCY 2001 (the Little Bluebook). October 4, 1993); 40 CFR Part 171 4. ‘‘Improving Air Quality with • Does not impose an information Economic Incentive Programs,’’ US collection burden under the provisions [EPA–HQ–OPP–2011–0049; FRL–8863–7] EPA, January 2001. of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); RIN 2070–AJ77 5. ‘‘Interim White Paper—Midwest • RPO Candidate Control Measure: Glass Is certified as not having a Synchronizing the Expiration Dates of Manufacturing’’, Lake Michigan Air significant economic impact on a EPA Pesticide Applicator Certificates Directors Consortium, December 12, substantial number of small entities With the Underlying State or Tribal 2005. under the Regulatory Flexibility Act Applicator Certificate (5 U.S.C. 601 et seq.); 6. ‘‘Alternative Control Techniques • Does not contain any unfunded AGENCY: Environmental Protection Document— NO X Emissions from Glass mandate or significantly or uniquely Agency (EPA). Manufacturing’’, US EPA, June 1994. affect small governments, as described ACTION: Proposed rule. 7. ‘‘Integrated Pollution Prevention in the Unfunded Mandates Reform Act and Control (IPPC) Reference Document of 1995 (Pub. L. 104–4); SUMMARY: Restricted use pesticides on Best Available Techniques in the • Does not have Federalism (RUP) are those which may generally Glass Manufacturing Industry’’, implications as specified in Executive cause unreasonable adverse effects on European Commission, December 2001. Order 13132 (64 FR 43255, August 10, the environment without additional 1999); restrictions. RUPs may only be applied B. Does the rule meet the evaluation • criteria? Is not an economically significant by or under the direct supervision of an regulatory action based on health or applicator certified as competent by a We believe this rule is consistent with safety risks subject to Executive Order certifying agency. A State, tribe, or the relevant policy and guidance 13045 (62 FR 19885, April 23, 1997); Federal agency becomes a certifying regarding enforceability, RACT, and SIP • Is not a significant regulatory action agency by receiving approval from EPA relaxations. The TSD has more subject to Executive Order 13211 (66 FR on their certification plan. In areas not information on our evaluation. 28355, May 22, 2001); covered by a certifying agency, EPA may

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establish a Federal certification plan comment due to technical difficulties for readers regarding entities likely to be and issue Federal certificates directly. In and cannot contact you for clarification, affected by this action. Other types of cases where EPA will issue a Federal EPA may not be able to consider your entities not listed in this unit could also certificate based on an existing valid comment. Electronic files should avoid be affected. The NAICS codes have been certificate from a certifying agency, this the use of special characters, any form provided to assist you and others in proposed rule would synchronize the of encryption, and be free of any defects determining whether this action might expiration dates on the Federal or viruses. apply to certain entities. If you have any certificate with that of the certificate on Docket: All documents in the docket questions regarding the applicability of which it is based. are listed in the docket index available this action to a particular entity, consult DATES: Comments must be received on at http://www.regulations.gov. Although the person listed under FOR FURTHER or before August 23, 2011. listed in the index, some information is INFORMATION CONTACT. not publicly available, e.g., CBI or other ADDRESSES: Submit your comments, information whose disclosure is B. What should I consider as I prepare identified by docket identification (ID) restricted by statute. Certain other my comments for EPA? number EPA–HQ–OPP–2011–0049, by material, such as copyrighted material, 1. Submitting CBI. Do not submit CBI one of the following methods: is not placed on the Internet and will be • Federal eRulemaking Portal: http:// to EPA through regulations.gov or publicly available only in hard copy www.regulations.gov. Follow the on-line e-mail. Clearly mark the part or all of form. Publicly available docket instructions for submitting comments. the information that you claim to be materials are available either in the • Mail: Office of Pesticide Programs CBI. For CBI in a disk or CD–ROM that electronic docket at http:// (OPP) Regulatory Public Docket (7502P), you mail to EPA, mark the outside of the www.regulations.gov, or, if only Environmental Protection Agency, 1200 disk or CD–ROM as CBI and then available in hard copy, at the OPP Pennsylvania Ave., NW., Washington, identify electronically within the disk or Regulatory Public Docket in Rm. S– DC 20460–0001. CD–ROM the specific information that • Delivery: OPP Regulatory Public 4400, One Potomac Yard (South Bldg.), is claimed as CBI. In addition to one Docket (7502P), Environmental 2777 S. Crystal Dr., Arlington, VA. The complete version of the comment that Protection Agency, Rm. S–4400, One hours of operation of this Docket includes information claimed as CBI, a Potomac Yard (South Bldg.), 2777 S. Facility are from 8:30 a.m. to 4 p.m., copy of the comment that does not Crystal Dr., Arlington, VA. Deliveries Monday through Friday, excluding legal contain the information claimed as CBI are only accepted during the Docket holidays. The Docket Facility telephone must be submitted for inclusion in the Facility’s normal hours of operation number is (703) 305–5805. public docket. Information so marked (8:30 a.m. to 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: will not be disclosed except in Friday, excluding legal holidays). Amaris Johnson, Field and External accordance with procedures set forth in Special arrangements should be made Affairs Division (7506P), Office of 40 CFR part 2. 2. Tips for preparing your comments. for deliveries of boxed information. The Pesticide Programs, Environmental When submitting comments, remember Docket Facility telephone number is Protection Agency, 1200 Pennsylvania to: (703) 305–5805. Ave., NW., Washington, DC 20460– i. Identify the document by docket ID Instructions: Direct your comments to 0001; telephone number: (703) 305– number and other identifying docket ID number EPA–HQ–OPP–2011– 9542; fax number: (703) 308–2962; information (subject heading, Federal 0049. EPA’s policy is that all comments e-mail address: Register date and page number). received will be included in the docket [email protected]. ii. Follow directions. The Agency may without change and may be made SUPPLEMENTARY INFORMATION: ask you to respond to specific questions available on-line at http:// I. General Information or organize comments by referencing a www.regulations.gov, including any Code of Federal Regulations (CFR) part personal information provided, unless A. Does this action apply to me? or section number. the comment includes information You may be potentially affected by iii. Explain why you agree or disagree; claimed to be Confidential Business this action if you are or intend to suggest alternatives and substitute Information (CBI) or other information become a certified applicator under an language for your requested changes. whose disclosure is restricted by statute. EPA Federal certification plan. Certified iv. Describe any assumptions and Do not submit information that you applicators are included in 3 major provide any technical information and/ consider to be CBI or otherwise industries in the North American or data that you used. protected through regulations.gov or e- Industrial Classification System v. If you estimate potential costs or mail. The regulations.gov website is an (NAICS) described as crop production, burdens, explain how you arrived at ‘‘anonymous access’’ system, which animal production or exterminating, your estimate in sufficient detail to means EPA will not know your identity and pest control services. Potentially allow for it to be reproduced. or contact information unless you affected entities may include, but are vi. Provide specific examples to provide it in the body of your comment. not limited to: illustrate your concerns and suggest If you send an e-mail comment directly • Crop Production (NAICS code 111), alternatives. to EPA without going through e.g., individuals that are private vii. Explain your views as clearly as regulations.gov, your e-mail address certified applicators on farms. possible, avoiding the use of profanity will be automatically captured and • Animal Production (NAICS code or personal threats. included as part of the comment that is 112), e.g., individuals that are private viii. Make sure to submit your placed in the docket and made available certified applicators on farms. comments by the comment period on the Internet. If you submit an • Exterminating and Pest Control deadline identified. electronic comment, EPA recommends Services (NAICS code 561710), e.g., that you include your name and other individuals that are commercial II. What is the agency’s authority for contact information in the body of your certified applicators for hire. taking this action? comment and with any disk or CD–ROM This listing is not intended to be This proposed rule is issued pursuant you submit. If EPA cannot read your exhaustive, but rather provides a guide to the authority given the EPA

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Administrator in sections 11 and 25 of without further demonstration of application or modify the new Federal the Federal Insecticide, Fungicide, and competency. certificate. However, EPA expects to Rodenticide Act (FIFRA). Section 11 of Applicator certificates have expiration learn of modifications, suspensions, or FIFRA, 7 U.S.C. 136i, requires EPA to dates to help ensure that certified revocations of State certificates provide certification plans for applicators maintain their competency. independent of the timing of Federal applicators of restricted use pesticides. All certifying agencies implement a recertification. Given that EPA would Section 25 of FIFRA, 7 U.S.C. 136w, recertification program for applicators. make decisions on modifications, authorizes EPA to issue regulations to These programs require certified suspensions, or revocations of Federal carry out provisions of FIFRA. applicators to continue to meet the certificates independent of competency requirements either recertification, Federal recertification at III. What action is the agency taking? through continuing education or a different time from the State EPA is proposing to amend 40 CFR examination. recertification would be of no benefit. 171.11(e). This action would V. Why is the agency taking this action? Federal recertification at the same time synchronize the expiration dates for the as the State recertification, as proposed, EPA Federal and certifying agency Section 171.11(e) states that an EPA would be beneficial in that it would be certifications of restricted use pesticide Federal certificate based on a certifying a recertification based on newly applicators. This minor revision does agency’s certificate is valid for 2 years demonstrated competency. In addition, for commercial applicators and 3 years not pose any additional requirement or different expiration dates for the Federal for private applicators, or until the burden, and is expected to have a certificate and the original certificate expiration date of the original certifying beneficial impact on affected entities, may cause unnecessary complication agency certificate, whichever occurs without impacting human health or the and confusion for applicators and EPA. first. The duration of the certification environment. EPA will benefit through The added confusion and paperwork period varies significantly among States, the reduction of administration of lowers the probability of successful with some currently being shorter and Federal certification plans. compliance by the regulated some longer than the Federal certificate community. IV. Background maximum of 2 or 3 years. This proposed rule would eliminate the 2 or 3 year VI. FIFRA Mandated Reviews Under the provisions of FIFRA maximum for Federal certificates, and In accordance with FIFRA section section 3(d)(1)(C), EPA shall classify a allow Federal certification to expire at 25(a) and (d), EPA submitted a draft of pesticide for restricted use, if, absent the same time as the underlying this proposed rule to the Committee on additional regulatory restrictions, the certifying agency certificate. Therefore, Agriculture in the House of Agency determines that it may generally applicators who obtain Federal Representatives, the Committee on cause unreasonable adverse effects on certification using a State certificate that Agriculture, Nutrition, and Forestry in the environment. RUPs may only be expires in the same time as the current the United States Senate, the Secretary applied by a certified applicator or Federal maximum, or shorter time, of Agriculture, and the FIFRA Scientific under the direct supervision of a would not be affected by this proposed Advisory Panel (SAP). The SAP and the certified applicator. rule. Secretary of Agriculture waived review Pesticide applicators can be certified However, the proposed rule would of this proposed rule. either by a certifying agency (a State, eliminate potential drawbacks to Tribe, or non-EPA Federal agency that applicators holding a Federal certificate VII. Statutory and Executive Order has an EPA-approved certification plan), when the underlying State certificate is Reviews or directly by EPA through a Federal valid for a longer time period than the This action proposes to allow EPA to certification plan for an area or situation maximum 2 or 3 years for the EPA use the same expiration date for the not covered by a certifying agency’s Federal certificate. Under the current certification it grants, using the plan. Applicators must demonstrate regulation, for an applicator certified in expiration date of the valid certification competency to the certifying agency such a State to continue a Federal upon which the EPA certification is granting the certificate, according to the certification, prior to expiration of their based. It does not otherwise propose to requirements of that agency’s plan. Federal certificate they would need to amend or impose any other Currently, all 50 States and four tribes complete a new application form and requirements. The proposed rule will are certifying agencies (i.e., they again provide written evidence of the not otherwise involve any significant implement their EPA-approved valid state certification. Federal policy or legal issues, and will not certification plans). Applicators recertification in this situation becomes increase existing costs. In fact, certified by a State or a certifying tribe an unnecessary, additional paperwork synchronizing the expiration dates can may apply RUPs in their State or that burden for both EPA and the applicator reduce burden because some applicators tribe’s Indian country without a Federal with no additional benefits to human will have to complete less paperwork by certificate. However, under 40 CFR health or the environment since the having a reduced frequency of Federal 171.11, in areas where there is no EPA- applicator can reapply for a Federal recertification. approved certification plan in effect certificate using the same underlying As such, the Office of Management (currently, most of Indian country), EPA certificate with no new demonstration and Budget (OMB) has determined that may implement a Federal plan, thereby of competency. this is not a ‘‘significant regulatory allowing applicators to use RUPs in the A potential benefit to Federal action’’ under Executive Order 12866, area covered by the plan after receiving recertification occurring more entitled Regulatory Planning and Federal certification. Under 40 CFR frequently than the State’s, is that in Review (58 FR 51735, October 4, 1993). 171.11(e), a Federal plan may include checking the current validity of the Nor does it impose any additional an option that allows applicators to be applicant’s underlying State certificate, information collection burden that issued an EPA Federal certificate after EPA may discover that the issuing State requires review by OMB under the submitting to EPA a certification form has modified, suspended, or revoked the provisions of the Paperwork Reduction along with documentation of a valid certificate, thereby giving EPA the Act of 1995 (44 U.S.C. 3501 et seq.). The certificate from a certifying agency, opportunity to deny the recertification information collection activities

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contained in the regulations are already entitled Consultation and Coordination individual shall submit the EPA approved under OMB control number with Indian Tribal Governments (65 FR certification form and written evidence 2070–0029 (EPA ICR No. 0155.09) and 22951, November 9, 2000). Thus, of valid certification to the appropriate the changes to the expiration date are Executive Order 13175 does not apply EPA Regional Office. The Administrator not expected to change the covered to this action. may deny issuance of such certificate if activities. An agency may not conduct Since this action is not economically the standards of competency for each or sponsor, and a person is not required significant under Executive Order category or subcategory identified in the to respond to a collection of information 12866, it is not subject to Executive other Federal, State, or Tribal certificate unless it displays a currently valid OMB Order 13045, entitled Protection of are not sufficiently comparable to justify control number. The OMB control Children from Environmental Health waiving further demonstration of numbers for certain EPA regulations in Risks and Safety Risks (62 FR 19885, competency. The Administrator may 40 CFR, in addition to appearing in the April 23, 1997), and Executive Order revoke, suspend, or modify such Federal Register, are also listed in 40 13211, entitled Actions Concerning certificate if the Federal, State, or Tribal CFR part 9. Regulations that Significantly Affect certificate upon which it is based is Pursuant to section 605(b) of the Energy Supply, Distribution, or Use (66 revoked, suspended, or modified. Regulatory Flexibility Act (RFA) (5 FR 28355, May 22, 2001). In addition, Unless suspended or revoked, a U.S.C. 601 et seq.), the Agency hereby EPA interprets Executive Order 13045 certificate issued under this paragraph certifies that this proposed rule does not as applying only to those regulatory is valid until the expiration date of the have a significant adverse economic actions that concern health or safety Federal, State, or Tribal certificate. impact on a substantial number of small risks, which is not the case in this * * * * * entities. The proposed revision that proposed rule. [FR Doc. 2011–15883 Filed 6–23–11; 8:45 am] would synchronize the certification This action does not involve technical BILLING CODE 6560–50–P expiration dates for restricted use standards that would require the applicators is not expected to have any consideration of voluntary consensus adverse economic impacts on affected standards pursuant to section 12(d) of ENVIRONMENTAL PROTECTION entities, regardless of their size. In the National Technology Transfer and AGENCY general, EPA strives to minimize Advancement Act (NTTAA) (15 U.S.C. potential adverse impacts on small 272 note). 40 CFR Part 271 entities when developing regulations to This action does not have an adverse achieve the environmental and human impact on the environmental and health [EPA–R06–RCRA–2010–0307; FRL–9323–8] health protection goals of the statute conditions in low-income and minority and EPA. EPA solicits comments communities. Therefore, this action Louisiana; Final Authorization of State specifically about potential small does not involve special consideration Hazardous Waste Management business impacts. of environmental justice related issues Program Revisions State, local, and tribal governments as specified in Executive Order 12898, AGENCY: Environmental Protection are not regulated by or affected by this entitled Federal Actions to Address Agency (EPA). proposed rule, so it is not expected to Environmental Justice in Minority affect these governments. Accordingly, Populations and Low-Income ACTION: Proposed rule. pursuant to Title II of the Unfunded Populations (59 FR 7629, February 16, SUMMARY: The State of Louisiana has Mandates Reform Act (UMRA) (2 U.S.C. 1994). 1531–1538), EPA has determined that applied to EPA for Final authorization this action is not subject to the List of Subjects in 40 CFR Part 171 of the changes to its hazardous waste requirements in sections 202 and 205 of Environmental protection, Indians— program under the Resource UMRA because it does not contain a lands, Intergovernmental relations, Conservation and Recovery Act (RCRA). Federal mandate that may result in Pesticides and pests, Reporting and EPA proposes to grant Final expenditures of $100 million or more recordkeeping requirements. authorization to the State of Louisiana. for State, local, and tribal governments, In the ‘‘Rules and Regulations’’ section Dated: June 14, 2011. in the aggregate, or for the private sector of this Federal Register, EPA is in any 1 year. In addition, this action Lisa P. Jackson, authorizing the changes by an does not significantly or uniquely affect Administrator. immediate final rule. EPA did not make small governments or impose a Therefore, it is proposed that 40 CFR a proposal prior to the immediate final significant intergovernmental mandate, chapter I be amended as follows: rule because we believe this action is as described in sections 203 and 204 of 1. The authority citation for part 171 not controversial and do not expect UMRA. For the same reasons, EPA has continues to read as follows: comments that oppose it. We have determined that this proposed rule does Authority: 7 U.S.C. 136i and 136w. explained the reasons for this not have ‘‘federalism implications’’ as authorization in the preamble to the 2. Amend § 171.11 by revising specified in Executive Order 13132, immediate final rule. Unless we get paragraph (e) to read as follows: entitled Federalism (64 FR 43255, written comments which oppose this August 10, 1999), because it would not § 171.11 Federal certification of pesticide authorization during the comment have substantial direct effects on the applicators in States or on Indian period, the immediate final rule will States, on the relationship between the Reservations where there is no approved become effective on the date it national government and the States, or State or Tribal certification plan in effect. establishes, and we will not take further on the distribution of power and * * * * * action on this proposal. If we receive responsibilities among the various (e) Recognition of other certificates. comments that oppose this action, we levels of government, as specified in the The Administrator may issue a will withdraw the immediate final rule Order. Thus, Executive Order 13132 certificate to an individual possessing and it will not take effect. We will then does not apply to this proposed rule. any other valid Federal, State, or Tribal respond to public comments in a later Nor does it have ‘‘tribal implications’’ as certificate without further final rule based on this proposal. You specified in Executive Order 13175, demonstration of competency. The may not have another opportunity for

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comment. If you want to comment on ADDRESSES: You may submit comments, extension will serve the public interest this action, you must do so at this time. identified by WT Docket No. 10–4; FCC by allowing parties to discuss the DATES: Send your written comments by 11–53, by any of the following methods: complex technical issues at stake and • July 25, 2011. Federal eRulemaking Portal: http:// develop consensus approaches that www.regulations.gov. Follow the ADDRESSES: Send written comments to benefit consumers, and is therefore instructions for submitting comments. extending the deadline for all comments Alima Patterson, Region 6, Regional • Federal Communications Authorization Coordinator, (6PD–O), and reply comments to July 25, and Commission’s Web Site: http:// August 24, 2011, respectively. Multimedia Planning and Permitting www.fcc.gov/cgb/ecfs/. Follow the Division, at the address shown below. instructions for submitting comments. Ordering Clauses You can examine copies of the materials • People with Disabilities: Contact the 2. Pursuant to section 4(i) of the submitted by the State of Louisiana FCC to request reasonable Communications Act of 1934, as during normal business hours at the accommodations (accessible format amended, 47 U.S.C. 154(i), and section following locations: EPA Region 6, 1445 documents, sign language interpreters, 1.46 of the Commission’s rules, 47 CFR Ross Avenue, Dallas, Texas 75202–2733, CART, etc.) by e-mail: [email protected] 1.46, the joint request of Wilson phone number (214) 665–6444; or or phone 202–418–0530 or TTY: 202– Electronics, Inc. and Verizon Wireless, Louisiana Department of Environmental 418–0432. filed on June 16, 2011, is Granted and Quality, 602 N. Fifth Street, Baton For detailed instructions for submitting the deadline for filing comments in Rouge, Louisiana 70884–2178, phone comments and additional information response to the NPRM is Extended to number (225) 219–3559. Comments may on the rulemaking process, see the July 25, 2011, and the deadline for filing also be submitted electronically or SUPPLEMENTARY INFORMATION section of reply comments is Extended to August through hand delivery/courier; please this document. 24, 2011. follow the detailed instructions in the FOR FURTHER INFORMATION CONTACT: 3. This action is taken under ADDRESSES section of the immediate Joyce Jones, Mobility Division, Wireless delegated authority pursuant to sections final rule which is located in the Rules 0.131 and 0.331 of the Commission’s section of this Federal Register. Telecommunications Bureau, at (202) 418–1327, or e-mail at rules, 47 CFR 0.131, 0.331. FOR FURTHER INFORMATION CONTACT: [email protected]. 4. A copy of the NPRM, including the Alima Patterson (214) 665–8533. Initial Regulatory Flexibility Analysis, SUPPLEMENTARY INFORMATION: This is a SUPPLEMENTARY INFORMATION: Has Been Sent to the Chief Counsel of For additional information, please see summary of the Commission’s Order Advocacy of the Small Business the immediate final rule published in (‘‘Order’’) in WT Docket No. 10–4, DA Administration. 11–1078, adopted and released on June the ‘‘Rules and Regulations’’ section of Federal Communications Commission. this Federal Register. 20, 2011, which extends the comment and reply comment filing deadlines Michael McKenzie, Dated: June 8, 2011. established in the NPRM published Deputy Chief, Wireless Telecommunications Al Armendariz, under FCC No. 11–53 at 76 FR 26983, Bureau. Regional Administrator, Region 6. May 10, 2011. The full text of this [FR Doc. 2011–15895 Filed 6–23–11; 8:45 am] [FR Doc. 2011–15881 Filed 6–23–11; 8:45 am] document is available for inspection BILLING CODE 6712–01–P BILLING CODE 6560–50–P and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC FEDERAL COMMUNICATIONS COMMISSION FEDERAL COMMUNICATIONS 20554. The complete text may be purchased from the Commission’s copy COMMISSION 47 CFR Part 73 contractor, Best Copy and Printing, Inc., 47 CFR Parts 1, 2, 22, 24, 27, 90 and 445 12th Street, SW., Room CY–B402, [DA 11–867; MB Docket No. 11–87; RM– 95 Washington, DC 20554. The full text 11628] [WT Docket No. 10–4; DA 11–1078] may also be downloaded at: http:// www.fcc.gov. Alternative formats are Radio Broadcasting Services; Bastrop, LA Improving Wireless Coverage Through available to persons with disabilities by the Use of Signal Boosters sending an e-mail to [email protected] or AGENCY: Federal Communications by calling the Consumer & Commission. AGENCY: Federal Communications Governmental Affairs Bureau at 202– ACTION: Proposed rule. Commission. 418–0530 (voice), 202–418–0432 (tty). ACTION: Proposed rule; extension of SUPPLEMENTARY INFORMATION: SUMMARY: This document requests comment period. comments on a petition for rulemaking Background filed by Kenneth W. Diebel, licensee of SUMMARY: The Federal Communications 1. In this document, the Commission FM Station KGGM, Channel 228A, Commission extends the deadlines for addresses a joint motion filed by Wilson Delhi, Louisiana, proposing the filing comments and reply comments on Electronics, Inc. and Verizon Wireless substitution of FM Channel 228A for the Commission’s Notice of Proposed (filed June 16, 2011) requesting a thirty- vacant FM Channel 230A at Bastrop, Rulemaking (NPRM), in this proceeding, day extension of the time period to file Louisiana. The proposed substitution of which was published in the Federal comments in this rulemaking to allow Channel 228A at Bastrop accommodates Register on Tuesday, May 10, 2011. them additional time to ‘‘work through the hybrid application, which requests DATES: The comment period for the the many complicated technical issues the substitution of Channel 230C3 for proposed rule published May 10, 2011 presented’’ and ‘‘work towards a Channel 228A at Delphi, Louisiana. See (76 FR 26983), is extended. Submit solution that has the potential to benefit File No. BNPH–20110214ADS. A staff comments on or before July 25, 2011, both booster manufacturers and wireless engineering analysis indicates that and reply comments on or before carriers.’’ The Commission, in this Channel 228A can be allotted to Bastrop August 24, 2011. instance, finds that providing a limited consistent with the minimum distance

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separation requirements of the Rules, Provisions of the Regulatory and to conduct public scoping meetings with a site restriction 5.3 kilometers (3.3 Flexibility Act of l980 do not apply to to comply with the National miles) northeast of the community. The this proceeding. Environmental Policy Act (NEPA) by reference coordinates are 32–48–20 NL Members of the public should note assessing potential impacts resulting and 91–52–05 WL. See Supplementary that from the time a Notice of Proposed from the proposed implementation of Information, supra. Rule Making is issued until the matter new sea turtle regulatory requirements is no longer subject to Commission in the shrimp fishery of the southeastern DATES: Comments must be filed on or before July 5, 2011, and reply comments consideration or court review, all ex United States. These requirements are on or before July 20, 2011. parte contacts are prohibited in proposed to protect threatened and Commission proceedings, such as this endangered sea turtles in the western ADDRESSES: Secretary, Federal one, which involve channel allotments. Atlantic Ocean and Gulf of Mexico from Communications Commission, See 47 CFR 1.1204(b) for rules incidental capture, and would be 445 Twelfth Street, SW., Washington, governing permissible ex parte contacts. implemented under the Endangered DC 20554. In addition to filing For information regarding proper Species Act (ESA). comments with the FCC, interested filing procedures for comments, see 47 DATES: The public scoping period starts parties should serve the petitioner as CFR 1.415 and 1.420. June 24, 2011 and will continue until follows: Kenneth W. Diebel, 414 List of Subjects in 47 CFR Part 73 August 23, 2011. NMFS will consider Ineichen Street, Rayville, Louisiana all written comments received or 71269. Radio, Radio broadcasting. postmarked by August 8, 2011, in FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. defining the scope of the EIS. Comments Deborah A. Dupont, Media Bureau, Nazifa Sawez, received or postmarked after that date (202) 418–7072. Assistant Chief, Audio Division, Media will be considered to the extent Bureau. practicable. Verbal comments will be SUPPLEMENTARY INFORMATION: This is a accepted at the NMFS scoping meetings For the reasons discussed in the synopsis of the Commission’s Notice of as specified below. preamble, the Federal Communications Proposed Rule Making, MB Docket ADDRESSES: NMFS will hold five public No.11–87, adopted May 11, 2011, and Commission proposes to amend 47 CFR Part 73 as follows: scoping meetings to provide the public released May 13, 2011. The full text of with an opportunity to present verbal this Commission decision is available Part 73—Radio Broadcast Services comments on the scope of the EIS and for inspection and copying during to learn more about the proposed action normal business hours in the FCC’s 1. The authority citation for part 73 from NMFS officials. The locations and Reference Information Center at Portals continues to read as follows: times for the scoping meetings are listed II, CY–A257, 445 Twelfth Street, SW., Authority: 47 U.S.C. 154, 303, 334, 336 in the SUPPLEMENTARY INFORMATION Washington, DC 20554. This document and 339. section of this document. may also be purchased from the In addition to the five scoping Commission’s duplicating contractors, § 73.202 [Amended] meetings, NMFS will also submit a Best Copy and Printing, Inc., 445 12th 2. Section 73.202(b), the Table of FM scoping document to the Gulf of Mexico Street, SW., Room CY–B402, Allotments under Louisiana, is and South Atlantic Fishery Management Washington, DC 20554, telephone amended by adding Bastrop, Channel Councils, and the Atlantic and Gulf 1–800–378–3160 or via e-mail http:// 228A. States Marine Fisheries Commissions. www.BCPIWEB.com. This document [FR Doc. 2011–15897 Filed 6–23–11; 8:45 am] Written comments on the scope of the does not contain proposed information BILLING CODE 6712–01–P EIS should be sent electronically via collection requirements subject to the e-mail to [email protected], or Paperwork Reduction Act of 1995, physically via U.S. mail to Michael Public Law 104–13. In addition, DEPARTMENT OF COMMERCE Barnette, Southeast Regional Office, therefore, it does not contain any Protected Resources Division, 263 13th proposed information collection burden National Oceanic and Atmospheric Ave., South, St. Petersburg, FL 33701– ‘‘for small business concerns with fewer Administration 5505. Additional information, including than 25 employees,’’ pursuant to the a scoping document, can be found at: Small Business Paperwork Relief Act of 50 CFR Part 223 http://www.nmfs.noaa.gov/pr/species/ 2002, Public Law 107–198, see 44 U.S.C. turtles/regulations.htm. All comments, 3506(c)(4). RIN 0648–XA465 whether offered verbally in person at the scoping meetings or in writing as Channel 230A is not listed in the FM Intent To Prepare an Environmental described above, will be considered. Table of Allotments. We note that Impact Statement for Sea Turtle vacant Channel 230A at Bastrop was Conservation and Recovery Actions FOR FURTHER INFORMATION CONTACT: inadvertently removed from the FM and To Conduct Public Scoping Michael Barnette, NMFS, Southeast Table of Allotments in MB Docket 05– Meetings Regional Office, at the address above, or 210. See 71 FR 76208, published at (727) 824–5312. December 20, 2006. Channel 230A was AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: originally added to the FM Table of Service (NMFS), National Oceanic and Allotments in MM Docket No. 99–141. Atmospheric Administration (NOAA), Background See 66 FR 18734, published April 11, Department of Commerce. All sea turtles that occur in U.S. 2001. In this regard, Channel 230A is a ACTION: Intent to prepare an waters are listed as either endangered or vacant allotment due to the cancellation environmental impact statement and threatened under the ESA. The Kemp’s of the Station KTRY–FM license. See conduct public scoping meetings. ridley (Lepidochelys kempii), BLH–6141. The cancellation of the leatherback (Dermochelys coriacea), and Station KTRY–FM license is under SUMMARY: NMFS intends to prepare an hawksbill (Eretmochelys imbricata) are reconsideration. environmental impact statement (EIS) listed as endangered. Loggerhead

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(Caretta caretta) and green (Chelonia October 9, 1990) and the ‘‘wild turtle to reduce sea turtle bycatch and mydas) turtles are listed as threatened, test’’ (52 FR 24244, June 29, 1987). mortality in the shrimp fishery of the except for breeding populations of green Additionally, NMFS has established a southeastern United States. In addition turtles in Florida and on the Pacific leatherback model testing protocol to to evaluating the status quo, NMFS will coast of Mexico, which are listed as evaluate a candidate TED’s ability to evaluate several other alternatives. endangered. exclude adult leatherback sea turtles (66 These alternatives include but are not Sea turtles are incidentally taken, and FR 24287, May 14, 2001). Because necessarily limited to: Requiring all some are killed, as a result of numerous testing with live leatherbacks is skimmer trawls, pusher-head trawls, activities, including fishery-related impossible, NMFS obtained the and wing nets (butterfly trawls) in both trawling activities in the Gulf of Mexico carapace measurements of 15 nesting the Atlantic and Gulf areas to use TEDs; and along the Atlantic seaboard. Under female leatherback turtles and used requiring all skimmer trawls, pusher- the ESA and its implementing these data to construct an aluminum head trawls, and wing nets (butterfly regulations, the taking of sea turtles is pipe-frame model of a leatherback turtle trawls) in just the Gulf area to use TEDs; prohibited, with exceptions identified measuring 40 inches (101.6 cm) in and time and area closures affecting all in 50 CFR 223.206(d), or according to width, 60 inches (152.4 cm) in length, shrimp vessels. Potential new TED the terms and conditions of a biological and 21 inches (53.3 cm) in height. If the opinion issued under section 7 of the leatherback model and a diver with full requirements would apply to vessels ESA, or according to an incidental take scuba gear are able to pass through the fishing in both state and Federal waters. permit issued under section 10 of the escape opening of a candidate TED, that Public Comments ESA. The incidental taking of turtles escape opening is judged to be capable during shrimp trawling is exempted of excluding adult leatherback sea NMFS provides this notice to advise from the taking prohibition of section 9 turtles, as well as other large adult sea the public and other agencies of NMFS’s of the ESA if the conservation measures turtles. intentions and to obtain suggestions and specified in the sea turtle conservation information on the scope of the Purpose of This Action regulations (50 CFR 223.205) are significant issues to include in the EIS. followed. The regulations require most The National Environmental Policy Comments and suggestions are invited vessels defined as ‘‘shrimp trawlers’’ (50 Act (NEPA) requires Federal agencies to from all interested parties to ensure that CFR 222.102) operating in the conduct an environmental analysis of the full range of issues related to this southeastern United States (Atlantic or their proposed actions to determine if proposed action and all substantive Gulf area, see 50 CFR 223.206) to have the actions may significantly affect the issues are identified. NMFS requests a NMFS-approved turtle excluder quality of the human environment. that comments be as specific as device (TED) installed in each net that NMFS is considering a variety of possible. In particular, the agency is rigged for fishing to allow sea turtles regulatory measures to reduce the requests information regarding the to escape. TEDs incorporate an escape bycatch of threatened and endangered potential direct, indirect, and opening, usually covered by a webbing sea turtles in the shrimp fishery of the cumulative impacts on the human flap, which allows sea turtles to escape southeastern United States in light of environment from the proposed action. from trawl nets. TEDs currently new concerns regarding the The human environment is defined as approved by NMFS include single-grid effectiveness of existing TED regulations ‘‘* * * the natural and physical hard TEDs and hooped hard TEDs in protecting sea turtles. This EIS will environment and the relationship of conforming to a generic description, and provide background information and people with that environment’’ (40 CFR one type of soft TED—the Parker soft specifically evaluate the alternatives 1508.14). In the context of the EIS, the TED (see 50 CFR 223.207). Most and impacts associated with any human environment could include air approved hard TEDs are described in considered management alternative. the regulations (50 CFR 223.207(a)) This rulemaking would be implemented quality, water quality, underwater noise according to generic criteria based upon pursuant to the ESA. NMFS is seeking levels, socioeconomic resources, certain parameters of TED design, public input on the scope of the fisheries, and environmental justice. configuration, and installation, required NEPA analysis, including the Comments concerning this including height and width dimensions range of reasonable alternatives, environmental review process should be of the TED opening through which the associated significant impacts of any directed to NMFS (see ADDRESSES). All turtles escape. The regulations also alternatives, and suitable mitigation comments and material received, describe additional hard TEDs’ specific measures. including names and addresses, will requirements. Skimmer trawls, pusher- Scope of the Action become part of the administrative record head trawls, and wing nets (butterfly and may be released to the public. trawls), however, may employ The draft EIS is expected to identify alternative tow time restrictions in lieu and evaluate the relevant significant Authority of TEDs, pursuant to 50 CFR impacts and issues associated with 223.206(d)(2)(ii)(A). The alternative tow implementing new sea turtle regulations The environmental review of the time restrictions limit tow times to 55 for the shrimp fishery of the proposed action will be conducted minutes from April 1 through October southeastern United States, in under the authority and in accordance 31, and 75 minutes from November 1 accordance with the Council on with the requirements of the National through March 31. Environmental Quality’s Regulations at Environmental Policy Act of 1969, as To be approved by NMFS, a TED 40 CFR parts 1500–1508 and NOAA’s amended (42 U.S.C. 4321 et seq.), design must be shown to be 97 percent procedures for implementing NEPA National Environmental Policy Act effective in excluding sea turtles during found in NOAA Administrative Order Regulations (40 CFR parts 1500–1508), testing based upon NMFS-approved (NAO) 216–6, dated May 20, 1999. NOAA Administrative Order 216–6, scientific testing protocols (50 CFR other appropriate Federal laws and 223.207(e)(1)). NMFS-approved testing Alternatives regulations, and policies and procedures protocols established to date include the NMFS will evaluate a range of of NOAA and NMFS for compliance ‘‘small turtle test’’ (55 FR 41092, reasonable alternatives in the draft EIS with those regulations.

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Locations and Times of Scoping 2. July 12, 2011, 6 p.m. to 8 p.m., attending members of the public will be Meetings Belle Chasse, LA. able to comment, if they so choose, 3. July 13, 2011, 4 p.m. to 6 p.m., Scoping meetings will be held at the regardless of the controversial nature of Biloxi, MS. following locations: the subject(s). Attendees are expected to 4. July 14, 2011, 12 p.m. to 2 p.m., respect the ground rules, and those that 1. Gray—Terrebonne Parish Public Bayou La Batre, AL. do not will be asked to leave the Library, North Terrebonne Branch, 4130 5. July 18, 2011, 2 p.m. to 4 p.m., meeting. West Park Avenue, Gray, LA 70359. Morehead City, NC. 2. Belle Chasse—Belle Chasse Special Accommodations Community Center, 8398 Highway 23, Scoping Meetings Code of Conduct The scoping meetings are physically Belle Chasse, LA 70037. The public is asked to follow the accessible to people with disabilities. 3. Biloxi—Mississippi Department of following code of conduct at the scoping Requests for sign language Marine Resources, 1141 Bayview meetings. At the beginning of each interpretation or other auxiliary aids Avenue, Biloxi, MS 39530. meeting, a representative of NMFS will should be directed to the NOAA contact 4. Bayou La Batre—Bayou La Batre explain the ground rules (e.g., alcohol is (see FOR FURTHER INFORMATION CONTACT) Community Center, 12745 Padgett prohibited from the meeting room; at least 7 days prior to the meeting. Switch Road, Bayou La Batre, AL 36509. attendees will be called to give their 5. Morehead City—Crystal Coast Civic comments in the order in which they Dated: June 20, 2011. Center, 3505 Arendell Street, Morehead registered to speak; each attendee will James H. Lecky, City, NC 28557. have an equal amount of time to speak; Director, Office of Protected Resources, The meeting dates are: and attendees may not interrupt one National Marine Fisheries Service. 1. July 12, 2011, 12 p.m. to 2 p.m., another). The NMFS representative will [FR Doc. 2011–15898 Filed 6–23–11; 8:45 am] Gray, LA. structure the meeting so that all BILLING CODE 3510–22–P

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Notices Federal Register Vol. 76, No. 122

Friday, June 24, 2011

This section of the FEDERAL REGISTER Monday through Friday, except information collection. These comments contains documents other than rules or holidays. To be sure someone is there to will help us: proposed rules that are applicable to the help you, please call (202) 690–2817 (1) Evaluate whether the collection of public. Notices of hearings and investigations, before coming. committee meetings, agency decisions and information is necessary for the proper rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT: For performance of the functions of the petitions and applications and agency information on regulations for the Agency, including whether the statements of organization and functions are importation of tomatoes from Souss- information will have practical utility; examples of documents appearing in this Massa-Draa, Morocco, contact Mr. Mike section. Swett, Trade Director, PPQ, APHIS, (2) Evaluate the accuracy of our 4700 River Road Unit 140, Riverdale, estimate of the burden of the collection MD 20737–1236; (301) 734–5300. For of information, including the validity of DEPARTMENT OF AGRICULTURE copies of more detailed information on the methodology and assumptions used; the information collection, contact Mrs. (3) Enhance the quality, utility, and Animal and Plant Health Inspection Celeste Sickles, APHIS’ Information Service clarity of the information to be Collection Coordinator, at (301) 851– collected; and [Docket No. APHIS–2011–0052] 2908. (4) Minimize the burden of the Notice of Request for Extension of SUPPLEMENTARY INFORMATION: collection of information on those who Approval of an Information Collection; Title: Importation of Tomatoes From are to respond, through use, as Importation of Tomatoes From Souss- Souss-Massa-Draa, Morocco. appropriate, of automated, electronic, Massa-Draa, Morocco OMB Number: 0579–0345. mechanical, and other collection Type of Request: Extension of an technologies; e.g., permitting electronic AGENCY: Animal and Plant Health approval of an information collection. submission of responses. Inspection Service, USDA. Abstract: The Plant Protection Act Estimate of burden: The public ACTION: Extension of approval of an (PPA, 7 U.S.C. 7701 et seq.) authorizes reporting burden for this collection of information collection; comment the Secretary of Agriculture to restrict information is estimated to average request. the importation, entry, or interstate 0.7032 hours per response. movement of plants, plant products, and SUMMARY: In accordance with the other articles to prevent the Respondents: Foreign officials, Paperwork Reduction Act of 1995, this introduction of plant pests into the exporters, importers, and growers of notice announces the Animal and Plant United States or their dissemination tomatoes. Health Inspection Service’s intention to within the United States. Regulations request an extension of approval of an Estimated annual number of authorized by the PPA concerning the respondents: 10. information collection associated with importation of fruits and vegetables into regulations for the importation of the United States from certain parts of Estimated annual number of tomatoes from Souss-Massa-Draa, the world are contained in ‘‘Subpart— responses per respondent: 55.6. Morocco. Fruits and Vegetables’’ (7 CFR 319.56– Estimated annual number of DATES: We will consider all comments 1 through 319.56–50). responses: 556. that we receive on or before August 23, Under these regulations, tomatoes Estimated total annual burden on 2011. from Souss-Massa-Draa, Morocco are respondents: 391 hours. (Due to ADDRESSES: You may submit comments subject to certain conditions before averaging, the total annual burden hours by either of the following methods: entering the United States to ensure that may not equal the product of the annual • Federal eRulemaking Portal: Go to exotic plant pests are not introduced number of responses multiplied by the http://www.regulations.gov/# into the United States. The regulations reporting burden per response.) !documentDetail;D=APHIS-2011-0052- require the use of information collection 0001. activities including a Mediterranean All responses to this notice will be • Postal Mail/Commercial Delivery: fruit fly management program, fruit fly summarized and included in the request Send your comment to Docket No. trapping and control activities, for OMB approval. All comments will APHIS–2011–0052, Regulatory Analysis recordkeeping, labeling for also become a matter of public record. and Development, PPD, APHIS, Station identification of production site, and a Done in Washington, DC, this 20th day of 3A–03.8, 4700 River Road, Unit 118, phytosanitary certificate with an June 2011. Riverdale, MD 20737–1238. additional declaration stating that the Kevin Shea, Supporting documents and any tomatoes were produced in accordance Acting Administrator, Animal and Plant comments we receive on this docket with the regulations. Health Inspection Service. may be viewed at http:// We are asking the Office of www.regulations.gov/ Management and Budget (OMB) to [FR Doc. 2011–15862 Filed 6–23–11; 8:45 am] #!docketDetail;D=APHIS-2011-0052 or approve our use of these information BILLING CODE 3410–34–P in our reading room, which is located in collection activities for an additional room 1141 of the USDA South Building, 3 years. 14th Street and Independence Avenue The purpose of this notice is to solicit SW., Washington, DC. Normal reading comments from the public (as well as room hours are 8 a.m. to 4:30 p.m., affected agencies) concerning our

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DEPARTMENT OF AGRICULTURE OMB Number: 0579–0351. Respondents: National plant Type of Request: Extension of an protection organization of Taiwan, Animal and Plant Health Inspection approval of an information collection. importers of longan. Service Abstract: The Plant Protection Act Estimated annual number of (PPA, 7 U.S.C. 7701 et seq.) authorizes [Docket No. APHIS–2011–0053] respondents: 12,004. the Secretary of Agriculture to restrict Estimated annual number of Notice of Request for Extension of the importation, entry, or interstate responses per respondent: 1.0012. Approval of an Information Collection; movement of plants, plant products, and Estimated annual number of Importation of Longan From Taiwan other articles to prevent the responses: 12,018. introduction of plant pests into the Estimated total annual burden on AGENCY: Animal and Plant Health United States or their dissemination respondents: 22 hours. (Due to Inspection Service, USDA. within the United States. Regulations averaging, the total annual burden hours ACTION: Extension of approval of an authorized by the PPA concerning the may not equal the product of the annual information collection; comment importation of fruits and vegetables into number of responses multiplied by the request. the United States from certain parts of reporting burden per response.) the world are contained in ‘‘Subpart— All responses to this notice will be SUMMARY: In accordance with the Fruits and Vegetables’’ (7 CFR 319.56– summarized and included in the request Paperwork Reduction Act of 1995, this 1 through 319.56–50). for OMB approval. All comments will notice announces the Animal and Plant Under these regulations, longan from also become a matter of public record. Health Inspection Service’s intention to Taiwan are subject to certain conditions Done in Washington, DC, this 20th day of request an extension of approval of an before entering the United States to June 2011. information collection associated with ensure that exotic plant pests are not Kevin Shea, regulations for the importation of longan introduced into the United States. The Acting Administrator, Animal and Plant from Taiwan. regulations require the use of cold Health Inspection Service. DATES: We will consider all comments treatment and special port-of-arrival [FR Doc. 2011–15863 Filed 6–23–11; 8:45 am] that we receive on or before August 23, inspection procedures for certain BILLING CODE 3410–34–P 2011. quarantine pests. In addition, the fruit ADDRESSES: You may submit comments must be accompanied by a by either of the following methods: phytosanitary certificate stating that the DEPARTMENT OF AGRICULTURE • Federal eRulemaking Portal: Go to fruit was inspected and found to be free http://www.regulations.gov/ of certain pests, and the individual Animal and Plant Health Inspection #!documentDetail;D=APHIS-2011-0053- cartons or boxes in which the longan are Service 0001. shipped must be stamped or printed [Docket No. APHIS–2011–0054] • Postal Mail/Commercial Delivery: with a statement prohibiting their Send your comment to Docket No. importation into or distribution within Notice of Request for Extension of APHIS–2011–0053, Regulatory Analysis the State of Florida. Approval of an Information Collection; and Development, PPD, APHIS, Station We are asking the Office of Importation of Eggplant From Israel 3A–03.8, 4700 River Road Unit 118, Management and Budget (OMB) to AGENCY: Riverdale, MD 20737–1238. approve our use of these information Animal and Plant Health Supporting documents and any collection activities for an additional 3 Inspection Service, USDA. comments we receive on this docket years. ACTION: Extension of approval of an may be viewed at http:// The purpose of this notice is to solicit information collection; comment www.regulations.gov/ comments from the public (as well as request. #!docketDetail;D=APHIS-2011-0053 or affected agencies) concerning our information collection. These comments SUMMARY: In accordance with the in our reading room, which is located in Paperwork Reduction Act of 1995, this room 1141 of the USDA South Building, will help us: (1) Evaluate whether the collection of notice announces the Animal and Plant 14th Street and Independence Avenue, Health Inspection Service’s intention to SW., Washington, DC. Normal reading information is necessary for the proper performance of the functions of the request an extension of approval of an room hours are 8 a.m. to 4:30 p.m., information collection associated with Monday through Friday, except Agency, including whether the information will have practical utility; regulations for the importation of holidays. To be sure someone is there to eggplant from Israel. help you, please call (202) 690–2817 (2) Evaluate the accuracy of our DATES: We will consider all comments before coming. estimate of the burden of the collection of information, including the validity of that we receive on or before August 23, FOR FURTHER INFORMATION CONTACT: For the methodology and assumptions used; 2011. information on regulations for the (3) Enhance the quality, utility, and ADDRESSES: You may submit comments importation of longan from Taiwan, clarity of the information to be by either of the following methods: contact Mr. Alex Belano, Senior Import collected; and • Federal eRulemaking Portal: Go to Specialist, Regulator Coordination and (4) Minimize the burden of the http://www.regulations.gov/ Compliance, PPQ, APHIS, 4700 River collection of information on those who #!documentDetail;D=APHIS-2011-0054- Road Unit 133, Riverdale, MD 20737; are to respond, through use, as 0001. (301) 734–0627. For copies of more appropriate, of automated, electronic, • Postal Mail/Commercial Delivery: detailed information on the information mechanical, and other collection Send your comment to Docket No. collection, contact Mrs. Celeste Sickles, technologies; e.g., permitting electronic APHIS–2011–0054, Regulatory Analysis APHIS’ Information Collection submission of responses. and Development, PPD, APHIS, Station Coordinator, at (301) 851–2908. Estimate of burden: The public 3A–03.8, 4700 River Road Unit 118, SUPPLEMENTARY INFORMATION: reporting burden for this collection of Riverdale, MD 20737–1238. Title: Importation of Longan From information is estimated to average Supporting documents and any Taiwan. 0.0018 hours per response. comments we receive on this docket

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may be viewed at http:// collection activities for an additional 3 DEPARTMENT OF AGRICULTURE www.regulations.gov/ years. Animal and Plant Health Inspection #!docketDetail;D=APHIS-2011-0054 or The purpose of this notice is to solicit Service in our reading room, which is located in comments from the public (as well as room 1141 of the USDA South Building, affected agencies) concerning our [Docket No. APHIS–2011–0055] 14th Street and Independence Avenue, information collection. These comments SW., Washington, DC. Normal reading Notice of Request for Extension of will help us: room hours are 8 a.m. to 4:30 p.m., Approval of an Information Collection; Monday through Friday, except (1) Evaluate whether the collection of Importation of Baby Squash and Baby holidays. To be sure someone is there to information is necessary for the proper Courgettes From Zambia help you, please call (202) 690–2817 performance of the functions of the AGENCY: before coming. Agency, including whether the Animal and Plant Health Inspection Service, USDA. FOR FURTHER INFORMATION CONTACT: For information will have practical utility; ACTION: Extension of approval of an information on regulations for the (2) Evaluate the accuracy of our information collection; comment importation of eggplant from Israel, estimate of the burden of the collection request. contact Ms. Donna West, Senior Import of information, including the validity of Specialist, PPQ, APHIS, 4700 River the methodology and assumptions used; SUMMARY: In accordance with the Road Unit 39, Riverdale, MD 20737– Paperwork Reduction Act of 1995, this (3) Enhance the quality, utility, and 1231; (301) 734–0627. For copies of notice announces the Animal and Plant clarity of the information to be more detailed information on the Health Inspection Service’s intention to information collection, contact Mrs. collected; and request an extension of approval of an Celeste Sickles, APHIS’ Information (4) Minimize the burden of the information collection associated with Collection Coordinator, at (301) 851– collection of information on those who regulations for the importation of baby 2908. are to respond, through use, as squash and baby courgettes from appropriate, of automated, electronic, Zambia. SUPPLEMENTARY INFORMATION: mechanical, and other collection Title: Importation of Eggplant From DATES: We will consider all comments technologies; e.g., permitting electronic Israel. that we receive on or before August 23, submission of responses. OMB Number: 0579–0350. 2011. Type of Request: Extension of an Estimate of burden: The public ADDRESSES: You may submit comments approval of an information collection. reporting burden for this collection of by either of the following methods: • Federal eRulemaking Portal: Go to Abstract: The Plant Protection Act information is estimated to average 1 http://www.regulations.gov/ (PPA, 7 U.S.C. 7701 et seq.) authorizes hour per response. #!documentDetail;D=APHIS-2011-0055- the Secretary of Agriculture to restrict Respondents: National plant 0001. the importation, entry, or interstate protection organization of Israel, • Postal Mail/Commercial Delivery: movement of plants, plant products, and importers of eggplant. Send your comment to Docket No. other articles to prevent the Estimated annual number of APHIS–2011–0055, Regulatory Analysis introduction of plant pests into the respondents: 3. and Development, PPD, APHIS, Station United States or their dissemination 3A–03.8, 4700 River Road Unit 118, Estimated annual number of within the United States. Regulations Riverdale, MD 20737–1238. authorized by the PPA concerning the responses per respondent: 1.333. Supporting documents and any importation of fruits and vegetables into Estimated annual number of comments we receive on this docket the United States from certain parts of responses: 4. may be viewed at http:// the world are contained in ‘‘Subpart— www.regulations.gov/ Fruits and Vegetables’’ (7 CFR 319.56– Estimated total annual burden on respondents: 4 hours. (Due to averaging, #!docketDetail;D=APHIS-2011-0055 or 1 through 319.56–50). in our reading room, which is located in the total annual burden hours may not Under these regulations, eggplant room 1141 of the USDA South Building, equal the product of the annual number from Israel are subject to certain 14th Street and Independence Avenue, conditions before entering the United of responses multiplied by the reporting SW., Washington, DC. Normal reading States to ensure that exotic plant pests burden per response.) room hours are 8 a.m. to 4:30 p.m., are not introduced into the United All responses to this notice will be Monday through Friday, except States. The regulations require the summarized and included in the request holidays. To be sure someone is there to eggplant be grown under a systems for OMB approval. All comments will help you, please call (202) 690–2817 approach that would include also become a matter of public record. before coming. requirements for pest exclusion at the FOR FURTHER INFORMATION CONTACT: For production site, fruit fly trapping inside Done in Washington, DC, this 20th day of June 2011. information on regulations for the and outside the production site, and importation of baby squash and baby pest-excluding packinghouse Kevin Shea, courgettes from Zambia, contact Ms. procedures. The eggplant must be Acting Administrator, Animal and Plant Karen Bedigian, Senior Export accompanied by a phytosanitary Health Inspection Service. Specialist, Phytosanitary Issues certificate issued by the Israeli national [FR Doc. 2011–15865 Filed 6–23–11; 8:45 am] Management, PPQ, APHIS, 4700 River plant protection organization with an BILLING CODE 3410–34–P Road Unit 133, Riverdale, MD 20737– additional declaration confirming that 1236; (301) 734–5712. For copies of the eggplant had been produced in more detailed information on the accordance with the regulations. information collection, contact Mrs. We are asking the Office of Celeste Sickles, APHIS’ Information Management and Budget (OMB) to Collection Coordinator, at (301) 851– approve our use of these information 2908.

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SUPPLEMENTARY INFORMATION: Estimated annual number of may be viewed at http:// Title: Importation of Baby Squash and respondents: 2. www.regulations.gov/ Baby Courgettes From Zambia. Estimated annual number of #!docketDetail;D=APHIS-2011-0056 or OMB Number: 0579–0347. responses per respondent: 2. in our reading room, which is located in Type of Request: Extension of an Estimated annual number of Room 1141 of the USDA South approval of an information collection. responses: 4. Building, 14th Street and Independence Abstract: The Plant Protection Act Estimated total annual burden on Avenue, SW., Washington, DC. Normal (PPA, 7 U.S.C. 7701 et seq.) authorizes respondents: 4 hours. (Due to averaging, reading room hours are 8 a.m. to 4:30 the Secretary of Agriculture to restrict the total annual burden hours may not p.m., Monday through Friday, except the importation, entry, or interstate equal the product of the annual number holidays. To be sure someone is there to movement of plants, plant products, and of responses multiplied by the reporting help you, please call (202) 6902817 other articles to prevent the burden per response.) before coming. introduction of plant pests into the All responses to this notice will be FOR FURTHER INFORMATION CONTACT: For United States or their dissemination summarized and included in the request information on the interstate movement within the United States. Regulations for OMB approval. All comments will of regulated articles to prevent the authorized by the PPA concerning the also become a matter of public record. spread of pale cyst nematode, contact importation of fruits and vegetables into Done in Washington, DC, this 20th day of Mr. Jonathan Jones, Program Manager, the United States from certain parts of June 2011. Emergency and Domestic Programs, the world are contained in ‘‘Subpart— Kevin Shea, PPQ, APHIS, 4700 River Road, Unit 160, Fruits and Vegetables’’ (7 CFR 319.56– Acting Administrator, Animal and Plant Riverdale, MD 20737; (301) 734–5038. 1 through 319.56–50). Health Inspection Service. For copies of more detailed information Under these regulations, baby squash [FR Doc. 2011–15867 Filed 6–23–11; 8:45 am] on the information collection, contact and baby courgettes from Zambia are BILLING CODE 3410–34–P Mrs. Celeste Sickles, APHIS’ subject to certain conditions before Information Collection Coordinator, at entering the United States to ensure that (301) 851–2908. exotic plant pests are not introduced DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: into the United States. Allowing baby Title: Pale Cyst Nematode. squash and baby courgettes to be Animal and Plant Health Inspection OMB Number: 0579–0322. imported necessitates the use of certain Service Type of Request: Revision and information collection activities, [Docket No. APHIS–2011–0056] extension of approval of an information including completing phytosanitary collection. inspection certificates, maintaining Notice of Revision and Request for Abstract: As authorized by the Plant inspection records, and labeling cartons. Extension of Approval of an Protection Act (7 U.S.C. 7701 et seq.) (PPA), the Secretary of Agriculture, We are asking the Office of Information Collection; Pale Cyst either independently or in cooperation Management and Budget (OMB) to Nematode with States, may carry out operations or approve our use of these information AGENCY: Animal and Plant Health measures to detect, eradicate, suppress, collection activities for an additional 3 Inspection Service, USDA. control, prevent, or retard the spread of years. ACTION: Revision and extension of plant pests that are new to or not widely The purpose of this notice is to solicit approval of an information collection; distributed within the United States. comments from the public (as well as comment request. This authority has been delegated to the affected agencies) concerning our Animal and Plant Health Inspection information collection. These comments SUMMARY: In accordance with the Service (APHIS) of the U.S. Department will help us: Paperwork Reduction Act of 1995, this of Agriculture, which administers (1) Evaluate whether the collection of notice announces the Animal and Plant regulations to implement the PPA. information is necessary for the proper Health Inspection Service’s intention to In accordance with the regulations in performance of the functions of the request an extension of approval of an ‘‘Subpart—Pale Cyst Nematode’’ (7 CFR Agency, including whether the information collection associated with 301.86 through 301.86–9), APHIS information will have practical utility; regulations for the interstate movement restricts the interstate movement of (2) Evaluate the accuracy of our of regulated articles to prevent the certain articles to help prevent the estimate of the burden of the collection spread of the pale cyst nematode to artificial spread of pale cyst nematode, of information, including the validity of noninfested areas of the United States. a major pest of potato crops in cool- the methodology and assumptions used; DATES: We will consider all comments temperature areas, to noninfested areas (3) Enhance the quality, utility, and that we receive on or before August 23, of the United States. The regulations clarity of the information to be 2011. contain requirements for the interstate collected; and ADDRESSES: You may submit comments movement of regulated articles and (4) Minimize the burden of the by either of the following methods: involve information collection collection of information on those who • Federal eRulemaking Portal: Go to activities, including certificates, are to respond, through use, as http://www.regulations.gov/ permits, and compliance agreements. appropriate, of automated, electronic, #!documentDetail;D=APHIS-2011-0056- We are revising the title of the collection mechanical, and other collection 0001. to ‘‘Pale Cyst Nematode’’ because the technologies; e.g., permitting electronic • Postal Mail/Commercial Delivery: title of the original subpart, ‘‘Potato Cyst submission of responses. Send your comment to Docket No. Nematode,’’ was changed in a 2009 final Estimate of burden: The public APHIS–2011–0056, Regulatory Analysis rule. reporting burden for this collection of and Development, PPD, APHIS, Station We are asking the Office of information is estimated to average 1 3A–03.8, 4700 River Road, Unit 118, Management and Budget (OMB) to hour per response. Riverdale, MD 20737–1238. approve our use of these information Respondents: National plant Supporting documents and any collection activities for an additional 3 protection organization of Zambia. comments we receive on this docket years.

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The purpose of this notice is to solicit ACTION: Extension of approval of an Regulations, subchapter E, parts 102 to comments from the public (as well as information collection; comment 124. affected agencies) concerning our request. Veterinary biological products information collection. These comments include viruses, serums, toxins, and will help us: SUMMARY: In accordance with the analogous products of natural or (1) Evaluate whether the collection of Paperwork Reduction Act of 1995, this synthetic origin, such as vaccines, information is necessary for the proper notice announces the Animal and Plant antitoxins, or the immunizing performance of the functions of the Health Inspection Service’s intention to components of microorganisms Agency, including whether the request an extension of approval of an intended for the diagnosis, treatment, or information will have practical utility; information collection associated with prevention of diseases in domestic (2) Evaluate the accuracy of our the Virus-Serum-Toxin Act and animals. estimate of the burden of the collection regulations. APHIS issues licenses to qualified of information, including the validity of DATES: We will consider all comments establishments that produce veterinary the methodology and assumptions used; that we receive on or before August 23, biological products and issues permits (3) Enhance the quality, utility, and 2011. to importers of such products. We also clarity of the information to be ADDRESSES: You may submit comments enforce requirements concerning collected; and by either of the following methods: production, packaging, labeling, and (4) Minimize the burden of the • Federal eRulemaking Portal: Go to shipping of these products and set collection of information on those who http://www.regulations.gov/ standards for the testing of these are to respond, through use, as #!documentDetail;D=APHIS-2011-0061- products. appropriate, of automated, electronic, 0001. To help ensure that veterinary mechanical, and other collection • Postal Mail/Commercial Delivery: biological products used in the United technologies; e.g., permitting electronic Send your comment to Docket No. States are pure, safe, potent, and submission of responses. APHIS–2011–0061, Regulatory Analysis effective, APHIS requires certain Estimate of Burden: The public and Development, PPD, APHIS, Station information collection activities, reporting burden for this collection of 3A–03.8, 4700 River Road Unit 118, including establishment license information is estimated to average Riverdale, MD 20737–1238. applications, product license 0.2057 hours per response. Supporting documents and any applications, product import permit Respondents: U.S. potato producers, comments we receive on this docket applications, product and test report packers, processors, and handlers of may be viewed at http:// forms, and field study summaries. potatoes. www.regulations.gov/ We are asking the Office of Estimated Annual Number of #!docketDetail;D=APHIS-2011-0061 or Management and Budget (OMB) to Respondents: 152. approve our use of these information Estimated Annual Number of in our reading room, which is located in room 1141 of the USDA South Building, collection activities for an additional 3 Responses per respondent: 10.934. years. Estimated Annual Number of 14th Street and Independence Avenue, SW., Washington, DC. Normal reading The purpose of this notice is to solicit Responses: 1,662. comments from the public (as well as Estimated total annual burden on room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except affected agencies) concerning our respondents: 342 hours. (Due to information collection. These comments averaging, the total annual burden hours holidays. To be sure someone is there to help you, please call (202) 690–2817 will help us: may not equal the product of the annual (1) Evaluate whether the collection of before coming. number of responses multiplied by the information is necessary for the proper reporting burden per response.) FOR FURTHER INFORMATION CONTACT: For performance of the functions of the All responses to this notice will be information on the Virus-Serum-Toxin Agency, including whether the summarized and included in the request Act and regulations, contact Dr. Albert information will have practical utility; for OMB approval. All comments will Morgan, Section Leader, Operational (2) Evaluate the accuracy of our also become a matter of public record. Support Staff, Center for Veterinary estimate of the burden of the collection Done in Washington, DC, this 20th day of Biologics, VS, APHIS, 4700 River Road of information, including the validity of June 2011. Unit 148, Riverdale, MD 20737; (301) the methodology and assumptions used; Kevin Shea, 734–8725. For copies of more detailed (3) Enhance the quality, utility, and information on the information Acting Administrator, Animal and Plant clarity of the information to be Health Inspection Service. collection, contact Mrs. Celeste Sickles, collected; and APHIS’ Information Collection [FR Doc. 2011–15871 Filed 6–23–11; 8:45 am] (4) Minimize the burden of the Coordinator, at (301) 851–2908. collection of information on those who BILLING CODE 3410–34–P SUPPLEMENTARY INFORMATION: are to respond, through use, as Title: Virus-Serum-Toxin Act and appropriate, of automated, electronic, DEPARTMENT OF AGRICULTURE Regulations. mechanical, and other collection OMB Number: 0579–0013. technologies; e.g., permitting electronic Animal and Plant Health Inspection Type of Request: Extension of submission of responses. Service approval of an information collection. Estimate of burden: The public Abstract: Under the Virus-Serum- reporting burden for this collection of [Docket No. APHIS–2011–0061] Toxin Act (21 U.S.C. 151–159), the information is estimated to average Notice of Request for Extension of Animal and Plant Health Inspection 3.42359 hours per response. Approval of an Information Collection; Service is authorized to promulgate Respondents: U.S. importers, Virus-Serum-Toxin Act and regulations designed to prevent the exporters, and shippers of veterinary Regulations importation, preparation, sale, or biological products; State veterinary shipment of harmful veterinary authorities; and operators of AGENCY: Animal and Plant Health biological products. These regulations establishments that produce or test Inspection Service, USDA. are contained in title 9, Code of Federal veterinary biological products or that

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engage in product research and 3A–03.8, 4700 River Road Unit 118, approve our use of these information development. Riverdale, MD 20737–1238. collection activities for an additional Estimated annual number of Supporting documents and any 3 years. respondents: 200. comments we receive on this docket The purpose of this notice is to solicit Estimated annual number of may be viewed at http:// comments from the public (as well as responses per respondent: 108.63. www.regulations.gov/ affected agencies) concerning our Estimated annual number of #!docketDetail;D=APHIS-2011-0062 or information collection. These comments responses: 21,726. in our reading room, which is located in Estimated total annual burden on room 1141 of the USDA South Building, will help us: respondents: 74,381 hours. (Due to 14th Street and Independence Avenue (1) Evaluate whether the collection of averaging, the total annual burden hours SW., Washington, DC. Normal reading information is necessary for the proper may not equal the product of the annual room hours are 8 a.m. to 4:30 p.m., performance of the functions of the number of responses multiplied by the Monday through Friday, except Agency, including whether the reporting burden per response.) holidays. To be sure someone is there to information will have practical utility; All responses to this notice will be help you, please call (202) 690–2817 (2) Evaluate the accuracy of our summarized and included in the request before coming. estimate of the burden of the collection for OMB approval. All comments will FOR FURTHER INFORMATION CONTACT: For of information, including the validity of also become a matter of public record. information on regulations for the the methodology and assumptions used; Done in Washington, DC, this 20th day of importation of used farm equipment June 2011. from regions affected with foot-and- (3) Enhance the quality, utility, and Kevin Shea, mouth disease, contact Dr. Tracye clarity of the information to be collected; and Acting Administrator, Animal and Plant Butler, Assistant Director, Technical Health Inspection Service. Trade Services Team—Products, NCIE, (4) Minimize the burden of the [FR Doc. 2011–15888 Filed 6–23–11; 8:45 am] VS, APHIS, 4700 River Road Unit 40, collection of information on those who BILLING CODE 3410–34–P Riverdale, MD 20737; (301) 734–3277. are to respond, through use, as For copies of more detailed information appropriate, of automated, electronic, on the information collection, contact mechanical, and other collection DEPARTMENT OF AGRICULTURE Mrs. Celeste Sickles, APHIS’ technologies; e.g., permitting electronic Information Collection Coordinator, at submission of responses. Animal and Plant Health Inspection (301) 851–2908. Estimate of burden: The public Service SUPPLEMENTARY INFORMATION: reporting burden for this collection of Title: Importation of Used Farm [Docket No. APHIS–2011–0062] information is estimated to average Equipment From Regions Affected With Notice of Request for Extension of Foot-and-Mouth Disease. 0.2 hours per response. Approval of an Information Collection; OMB Number: 0579–0195. Respondents: Exporters of used farm Importation of Used Farm Equipment Type of Request: Extension of equipment and foreign animal health From Regions Affected With Foot-and- approval of an information collection. officials in FMD-affected regions. Mouth Disease Abstract: Under the Animal Health Estimated annual number of Protection Act (7 U.S.C. 8301 et seq.), respondents: 150. AGENCY: Animal and Plant Health the Animal and Plant Health Inspection Inspection Service, USDA. Service of the United States Department Estimated annual number of ACTION: Extension of approval of an of Agriculture is authorized, among responses per respondent: 6.666. information collection; comment other things, to prohibit or restrict the Estimated annual number of request. importation of animals, animal responses: 1,000. products, and other articles into the SUMMARY: Estimated total annual burden on In accordance with the United States to prevent the respondents: 200 hours. (Due to Paperwork Reduction Act of 1995, this introduction of animal diseases and averaging, the total annual burden hours notice announces the Animal and Plant pests. These regulations are contained Health Inspection Service’s intention to in 9 CFR parts 92 through 98. may not equal the product of the annual request an extension of approval of an In part 94, § 94.1 prohibits the number of responses multiplied by the information collection associated with importation of used farm equipment reporting burden per response.) regulations for the importation of used into the United States from regions in All responses to this notice will be farm equipment into the United States which foot-and-mouth disease (FMD) or summarized and included in the request from regions affected with foot-and- rinderpest exists, unless the equipment for OMB approval. All comments will mouth disease. has been steam-cleaned prior to export also become a matter of public record. DATES: We will consider all comments to the United States so that it is free of Done in Washington, DC, this 20th day of that we receive on or before August 23, exposed dirt and other particulate June 2011. 2011. matter. Such equipment must be ADDRESSES: You may submit comments accompanied to the United States by an Kevin Shea, by either of the following methods: original certificate, signed by an Acting Administrator, Animal and Plant • Federal eRulemaking Portal: Go to authorized official of the national Health Inspection Service. http://www.regulations.gov/ animal health service of the exporting [FR Doc. 2011–15892 Filed 6–23–11; 8:45 am] #!documentDetail;D=APHIS-2011-0062- region, stating that the farm equipment, BILLING CODE 3410–34–P 0001. after its last use and prior to export, was • Postal Mail/Commercial Delivery: steam-cleaned free of all exposed dirt Send your comment to Docket No. and other particulate matter. APHIS–2011–0062, Regulatory Analysis We are asking the Office of and Development, PPD, APHIS, Station Management and Budget (OMB) to

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DEPARTMENT OF AGRICULTURE All written comments will be open for total annual burden from 35 to 35.5 public inspection at the office of the hours. Food and Nutrition Service Food and Nutrition Service during Estimate of Burden: Public reporting regular business hours (8:30 a.m. to 5 burden for this collection of information Agency Information Collection p.m., Monday through Friday) at 3101 is estimated to average 0.25 hours per Activities: Proposed Collection; Park Center Drive, Alexandria, Virginia response, including the time for Comment Request—Form FNS–339, 22302, Room 518. All responses to this reviewing instructions, searching Federal-State Supplemental Nutrition Notice will be summarized and existing data sources, gathering and Program(s) Agreement included in the request for OMB maintaining the data needed, and AGENCY: Food and Nutrition Service, approval, and will become a matter of completing and reviewing the collection USDA. public record. of information. Affected Public: State, Territorial and ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Requests for additional information or Tribal Agencies: Respondent Type: The SUMMARY: In accordance with the copies of the information collection Chief Health Officer of the WIC State Paperwork Reduction Act of 1995, this form and instructions should be agency, or the Chief Agency Official of notice invites the general public and directed to: Joan Carroll, (703) 305– the FMNP or SFMNP State agency (e.g., other public agencies to comment on 2746. a State Commissioner of Agriculture or proposed information collections. The Agency on Aging), if not administered SUPPLEMENTARY INFORMATION: proposed information collection is a by the WIC State agency in that state. Title: Federal-State Supplemental revision to a currently approved Estimated Number of Respondents: Nutrition Program(s) Agreement. collection of information relating to the 142 respondents. OMB Number: 0584–0332. Estimated Number of Responses per reporting and recordkeeping burden Form Number: FNS–339. associated with completing and Respondent: One. Expiration Date: November 30, 2012. Estimated Total Annual Burden on submitting form FNS–339, the Federal Type of Request: Revision of a Respondents: 35.5 hours. and State Agreement for the Special currently approved collection. Supplemental Nutrition Program for Abstract: The Healthy, Hunger-Free Dated: June 15, 2011. Women, Infants and Children (WIC); the Kids Act of 2010 (the Act), Public Law Audrey Rowe, WIC Farmers’ Market Nutrition Program 111–296, was enacted by the President Administrator, Food and Nutrition Service. (FMNP); and/or the Senior Farmers’ on December 13, 2010. Section 361 of [FR Doc. 2011–15873 Filed 6–23–11; 8:45 am] Market Nutrition Program (SFMNP). the Act requires that the Secretary of BILLING CODE 3410–30–P DATES: Written comments on this notice Agriculture incorporate in the Federal- must be received on or before August State Agreement (form FNS–339) a 23, 2011. provision for the WIC Program and DEPARTMENT OF AGRICULTURE ADDRESSES: Comments are invited on: FMNP that supports full use of Federal (a) Whether the proposed collection of funds and excludes such funds from Forest Service information is necessary for the proper State budget restrictions or limitations performance of the functions of the including, at a minimum, hiring freezes, Siuslaw National Forest; Oregon; agency, including whether the work furloughs, and travel restrictions Oregon Dunes NRA Management Area information will have practical utility; affecting the WIC Program or the FMNP. 10 (C) Route and Area Designation (b) the accuracy of the agency’s estimate Additional technical amendments are AGENCY: Forest Service, USDA. of the burden of the proposed collection also being made to the FNS–339, as ACTION: Notice of intent to prepare an of information, including the validity of follows: (1) The title is changed to environmental impact statement. the methodology and assumptions used; include FMNP and SFMNP; (2) coverage (c) ways to enhance the quality, utility by statutes as well as regulations is SUMMARY: The U.S. Forest Service will and clarity of the information to be added; (3) references to FMNP and prepare an environmental impact collected; and (d) ways to minimize the SFMNP are added as necessary and statement (EIS) to amend the 1990 burden of the collection of information appropriate; and (4) several Siuslaw National Forest Land and on those who are to respond, including typographical errors are corrected. Resources Management Plan (as through the use of appropriate The agreement requires the signature amended by the 1994 Oregon Dunes automated, electronic, mechanical, or of the Chief State agency official and Plan) in order to: other technological collection includes a certification/assurance (1) Designate Off Highway Vehicle techniques or other forms of information regarding drug free workplace, a (OHV), also called Off Road Vehicle technology. certification regarding lobbying and a (ORV) routes within Management Area Comments may be sent to: Debra disclosure of lobbying activities. The (MA) 10 (C) of the Oregon Dunes Whitford, Director, Supplemental Food signed agreement is the contract National Recreation Area (ODNRA) Programs Division, Food and Nutrition between USDA and each State agency beyond the three year timeframe Service, U.S. Department of Agriculture, that administers WIC, FMNP and identified in the Plan; 3101 Park Center Drive, Room 520, SFMNP, thereby authorizing USDA to (2) modify the boundaries of some Alexandria, VA 22302. Comments may release funds to the State agencies for areas currently zoned MA 10 (C) to MA also be submitted via email to WICHQ- the administration of the Program(s) in 10 (B), in order to meet the management [email protected]. Be sure to include the jurisdiction of the State in objectives of MA 10 (B); and the title of the Notice in the subject line accordance with the provisions of 7 CFR (3) designate the Banshee Hill route as of the message. Comments will also be parts 246, 248, and/or 249. a site specific exception within the 10 accepted through the Federal This revision does not increase the (C) Management Area. eRulemaking Portal. Go to http:// burden per response. However, the Management Area 10 (C) requires that www.regulations.gov, and follow the number of respondents (agencies OHVs be operated only on designated online instructions for submitting administering WIC, FMNP and SFMNP) routes, while Management Area 10 (B) comments electronically. increased from 140 to 142 increasing the allows OHVs to be operated anywhere

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within the area. This document is being to greater and unnecessary impacts to open sand to vegetation, the existence of prepared under the following authority: important plant communities within the designated dispersed sand camps, and 40 CFR 1501.7 and 40 CFR 1508.22. MA 10 (C) areas. The current effort is the predominance of non-native, DATES: Comments concerning the scope aimed at providing adequate OHV invasive vegetation (i.e. Scotch broom of the analysis must be received by 30 access and reasonable, enjoyable and/or European beachgrass) over native days from date of publication in the connections between valued riding non-invasive species. Non-native, Federal Register. The draft areas while minimizing impacts to invasive species, such as Scotch broom environmental impact statement is adjacent and intervening plant and European beachgrass do not need to expected December 2011 and the final communities and habitat areas. be protected from impacts by OHVs. environmental impact statement is Purpose and Need for Action Proposed Action expected May 2012. The primary purpose and need for the ADDRESSES: Send written comments to Within the Oregon Dunes National Siuslaw National Forest, 855 Highway project is to complete the designation Recreation Area MA 10 (C), the Siuslaw 101, Reedsport, OR 97467 Attention: and development of a comprehensive, National Forest proposes a non- Angie Morris, Team Lead. Comments understandable designated OHV route significant Plan amendment to designate may also be sent via e-mail to system within MA 10 (C) areas of the an additional ten routes open to ODNRA as foreseen and directed by the comments-pacificnorthwest-siuslaw- motorized vehicles totalling Oregon Dunes Plan. Designation of [email protected] or via facsimile to approximately 3.96 miles. Nine of the additional routes to enhance already- 541–271–6034. ten proposed routes already exist on the existing designated routes and create a ground as historic, user-developed FOR FURTHER INFORMATION CONTACT: comprehensive, understandable system, Angie Morris, Recreation Planner, (541) routes and will involve no new coupled with enhanced route signing, construction or ground disturbance. One 271–6040. subsequent rider education, Individuals who use new route of approximately 0.62 miles unauthorized route closure under would be constructed to replace a telecommunication devices for the deaf provisions at 36 CFR part 212, and (TDD) may call the Federal Information currently designated route that would strong enforcement: be closed because it is impassible due Relay Service (FIRS) at 1–800–877–8339 → Will simplify and facilitate OHV to high water most of the year. Under between 8 a.m. and 8 p.m., Eastern rider access through various parts of MA provisions at 36 CFR part 212, existing Time, Monday through Friday. 10 (C) areas that are currently difficult user-developed routes not designated SUPPLEMENTARY INFORMATION: In 1994, to understand and navigate on the under this action would by definition be the Oregon Dunes Plan amended ground; Siuslaw National Forest Plan direction → Will thereby encourage user closed to future motorized use and for the Oregon Dunes National acceptance of and compliance with would be obliterated or allowed to Recreation Area (ODNRA). The Plan designated route requirements in MA naturally revert. Approximately 103 allocated eleven Management Areas 10 (C) areas; miles of unathorized user-developed (MAs) within the ODNRA. One of the → Will discourage use of routes would be closed and eventually allocations is MA 10 (C), wherein ORVs unauthorized user-developed routes naturalized by this action. The project are Restricted to Designated Routes. The allowing them, in turn, to be would also modify Management Area Plan specifies that MA 10 (C) be rehabilitated or to revert naturally to a boundaries, changing approximately managed to ‘‘protect vegetated habitats more natural condition; 287 acres, encompassing about 32 miles while providing controlled → Will simplify OHV management of user-created routes, from MA 10 (C) opportunities for Off Road Vehicles within MA 10 (C), allowing agency to MA 10 (B) in order to meet the (ORV) touring and traveling on personnel to focus more on visitor management objectives of MA 10 (B). designated routes.’’ The Plan further education, resource restoration and This action results in no net gain or loss states that the goal for this management strong enforcement against those who of acres managed for OHV use and does area is ‘‘to minimize ORV impacts on would persist in using unauthorized not affect any other management areas. vegetated areas while allowing routes. Finally, the route commonly known as controlled opportunities for riding and A secondary purpose and need for the Banshee Hill in the Umpqua Dunes travel through the area on designated project is to correct OHV management riding area will be designated. It will be routes for access to the beach and other inconsistencies arising from minor a site specific exception to the criteria areas which are open for ORV use.’’ mapping errors between 10 (C) and otherwise used for designating routes Approximately 4,445 acres are currently 10 (B) that date back to the original within the 10C area because it does not designated MA 10 (C). aerial photo interpretation and connect otherwise unconnected riding With few exceptions, the routes vegetation typing done for the 1994 areas and it does not serve all vehicle originally designated with Plan Dunes Plan. Some small areas totaling classes, being restricted by steepness approval and those designated prior to about 287 acres out of a total of about and width to Class 1 (quads) and Class 1997 have remained the only officially 10,400 acres allocated for OHV use were 3 (motorcycles) vehicles. Prior decisions designated routes in MA 10 (C). The erroneously allocated to MA 10 (C). In such as those made in the Plan to incompleteness of the existing route actuality, they were subsequently found allocate large blocks of land as open or system plus the lack of adequate signing on the ground to better meet the closed to motorized use, areas managed and formal closure orders for most areas appearance, conditions and for habitat protection, etc. will not be allocated MA 10 (C) permitted and, to management objectives of MA 10 (B). revisited. a degree, encouraged the continued use Managing areas differently that appear In summary, the proposed action of undesignated routes and the the same on the ground, but are amends the Dunes Management Plan to: establishment of additional user- allocated as different management areas (1) Designate an additional 3.96 miles developed routes. As a result, the is problematic for visitor understanding, of OHV routes within the 10 (C) area majority of existing routes traveled by education efforts and enforcement. The beyond the 3 year standard and OHVs within MA 10 (C) today are not criteria for changing areas from MA 10 guideline timeframe identified in the designated routes. This has in turn led (C) to MA 10 (B) include the ratio of Plan;

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(2) modify some Management Area including names and addresses of those implementing the procedural provisions boundaries, changing 287 acres from who comment, will be considered part of the National Environmental Policy MA 10 (C) to MA 10 (B); of the public record on this proposed Act at 40 CFR 1503.3 in addressing (3) designate the route known as action and will be available for public these points. Banshee Hill as a site specific exception inspection. Comments submitted A draft EIS will be filed with the within Management Area 10 (C). anonymously will be accepted and Environmental Protection Agency (EPA) considered; however, those who submit and available for public review by Possible Alternatives anonymous comments will not have December 2011. The EPA will publish a The EIS will consider the following standing to appeal the subsequent Notice of Availability (NOA) of the draft alternatives: decision under 36 CFR part 215. EIS in the Federal Register. The (1) A ‘‘No Action/No Change’’ Additionally, pursuant to 7 CFR 1.27(d), comment period on the draft EIS will be Alternative, that would not designate any person may request the agency to 45 days from the date the EPA publishes additional routes or reallocate MA 10 withhold a submission from the public the notice of availability in the Federal (C) areas to MA 10 (B); record by showing how the Freedom of Register. The final EIS is scheduled to (2) The proposed action; Information Act (FOIA) permits such be available Summer 2012. (3) Alternatives to the proposed action confidentiality. Persons requesting such Dated: June 8, 2011. that are within the scope of the project, confidentiality should be aware that, Katherine Harbick, meet the purpose and need, are under FOIA, confidentiality may be responsive to the comments received granted in only very limited Acting Siuslaw National Forest Supervisor. during the scoping period and are circumstances, such as to protect trade [FR Doc. 2011–15917 Filed 6–23–11; 8:45 am] approved by the Forest Supervisor for secrets. The Forest Service will inform BILLING CODE; P consideration. the requester of the agency’s decision regarding the request for confidentiality, Responsible Official and where the request is denied the DEPARTMENT OF AGRICULTURE The responsible official will be the agency will return the submission and Forest Service Forest Supervisor of the Siuslaw notify the requester that the comments National Forest. may be resubmitted with or without Lolo and Kootenai National Forests’ Nature of Decision To Be Made name and address within a specified Sanders County Resource Advisory number of days. Committee The decision to be made falls within The Forest Service believes, at this the broad framework of the existing early stage, it is important to give AGENCY: Forest Service, USDA. Forest Plan. The Forest Supervisor of reviewers notice of several court rulings ACTION: Notice of Sanders County the Siuslaw National Forest will decide related to public participation in the Resource Advisory Committee Meetings. whether to implement the action as environmental review process. First, proposed, whether to take no action at reviewers of a draft EIS must structure SUMMARY: Pursuant to the authorities in this time, or whether to implement any their participation in the environmental the Federal Advisory Committee Act alternatives that are proposed. Proposed review of the proposal so that it is (Pub. L. 92–463) and under the Secure actions are believed to constitute non- meaningful and alerts an agency to the Rural Schools and Community Self- significant amendments of the Forest reviewer’s position and contentions Determination Act of 2000 (Pub. L. 106– Plan and are narrow in scope, dealing [Vermont Yankee Nuclear Power Corp. 393) the Lolo and Kootenai National only with off highway vehicle riding v. NRDC, 435 U.S. 519, 553 (1978)]. Forests’ Sanders County Resource areas (MAs 10 (C) and 10 (B)) at the Also, environmental objections that Advisory Committee will meet on July Oregon Dunes NRA, an area comprising could be raised at the draft EIS stage but 21, 2011 at 7 p.m. and on August 11, approximately 2% of the entire Siuslaw that are not raised until after completion 2011 at 7 p.m. in Thompson Falls, National Forest. of the final EIS may be waived or Montana for business meetings. These dismissed by the courts [City of Angoon meetings are open to the public. The Preliminary Issues v. Harris, 490 F. Supp. 1334, 1338 (E.D. committee will meet on June 18, 2011 (1) Designation of OHV routes in MA Wis. 1980)]. Because of these court in Thompson Falls, Montana for a field 10 (C) may cause adverse effects to rulings, it is very important that those trip to project sites. This trip is open to natural resources, nearby residents and/ interested in this proposed action the public. or other recreational users of the 10 (C) participate by the close of the 45-day DATES: June 18, 2011; July 21, 2011; area. comment period so that comments and August 11, 2011. (2) Minor modifications of MA 10 (C) objections are made available to the ADDRESSES: The meetings will be held at to MA 10 (B) and associated changes in Forest Service at a time when it can the Thompson Falls Courthouse, 1111 OHV use of the area may cause adverse meaningfully consider them and Main Street, Thompson Falls, MT effects to natural resources, nearby respond to them in the final EIS. 59873. residents and/or other recreation users To assist the Forest Service in of motorized use areas. identifying and considering issues and FOR FURTHER INFORMATION CONTACT: concerns on the proposed action, Randy Hojem, Designated Federal Scoping Process comments on the draft EIS should be as Official (DFO), District Ranger, Plains This notice of intent initiates the specific as possible. It is also helpful if Ranger District, Lolo National Forest at scoping process, which guides the comments refer to specific pages or (406) 826–3821. development of the environmental chapters of the draft statement. SUPPLEMENTARY INFORMATION: The June impact statement. Public comments Comments may also address the 18, 2011 meeting will include a field about this proposal are requested in adequacy of the draft EIS of the merits trip to project sites. The July 21, 2011 order to assist in identifying issues, of the alternatives formulated and meeting agenda will include an determine how to best manage the discussed in the statement. Reviewers overview of all 2011 project proposal resources, and to focus the analysis. may wish to refer to the Council on submissions. The August 11, 2011 Comments received to this notice, Environmental Quality Regulations for meeting will be a voting meeting where

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the committee will recommend projects Independent Living; Wendy Title: Northeast Region Observer for 2011 funding. If the meeting location Klancher, Metropolitan Washington Providers Requirements. is changed, notice will be posted in the Council of Governments; and Terry OMB Control Number: 0648–0546. local newspapers, including the Clark Moakley, Association of Travel Form Number(s): NA. Fork Valley Press, and Sanders County Instruction). Type of Request: Regular submission Ledger. 1:30–3 p.m.—Board Meeting (guest (extension of a current information collection). Dated: May 24, 2011. speaker: Allison Nichol, Chief, Disability Rights Section, Number of Respondents: 631. Randy R. Hojem, Department of Justice). Average Hours per Response: District Ranger. Observer deployment report, observer ADDRESSES: All meetings will be held at [FR Doc. 2011–15832 Filed 6–23–11; 8:45 am] availability report, request for an the Access Board Conference Room, BILLING CODE 3410–11–P observer, 10 minutes; raw observer data, 1331 F Street, NW., Suite 800, biological samples, notification of Washington, DC 20004. unavailability of observers, observer FOR FURTHER INFORMATION CONTACT: For ARCHITECTURAL AND contact list updates, 5 minutes; observer further information regarding the TRANSPORTATION BARRIERS availability updates, 1 minute; safety meetings, please contact David Capozzi, COMPLIANCE BOARD refusals, incident reports, requests for Executive Director, (202) 272–0010 observer training, service provider Meetings (voice); (202) 272–0082 (TTY). material submissions, service provider SUPPLEMENTARY INFORMATION: At the contracts, 30 minutes; observer AGENCY: Architectural and Board meeting scheduled on the debriefings, 2 hours; observer provider Transportation Barriers Compliance afternoon of Wednesday, July 13, 2011, permit applications, applicant response Board. the Access Board will consider the to a denial, 10 hours; rebuttal of removal ACTION: Notice of meetings. following agenda items: from list of approved service providers, • Approval of the draft May 11, 2011 8 hours. SUMMARY: The Architectural and meeting minutes. Burden Hours: 6,236. Transportation Barriers Compliance • Budget Committee Report. Needs and Uses: Under the Board (Access Board) plans to hold its • Technical Programs Committee Magnuson-Stevens Fishery regular committee and Board meetings Report. Conservation and Management Act, the in Washington, DC, Monday through • Planning and Evaluation Committee Secretary of Commerce (Secretary) has Wednesday, July 11–13, 2011, at the Report. the responsibility for the conservation times and location noted below. • Ad Hoc Committee Reports: and management of marine fishery DATES: The schedule of events is as Æ Outdoor Developed Areas—text of resources. Much of this responsibility follows: final rule (vote). has been delegated to the National • Executive Director’s Report. Oceanic and Atmospheric Monday, July 11, 2011 • Public Comment, Open Topics. Administration (NOAA)/National 10:45–11:15 a.m.—Budget Committee. All meetings are accessible to persons Marine Fisheries Service (NMFS). 11:15–Noon—Planning and Evaluation with disabilities. An assistive listening Under this stewardship role, the Committee. system, computer assisted real-time Secretary was given certain regulatory 1:30–3:30 p.m.—Technical Programs transcription (CART), and sign language authorities to ensure the most beneficial Committee . interpreters will be available at the uses of these resources. One of the 3:45–4:30 p.m.—Ad Hoc Committee Board meeting and committee meetings. regulatory steps taken to carry out the Meetings (Closed to Public). Persons attending Board meetings are conservation and management Tuesday, July 12, 2011 requested to refrain from using perfume, objectives is to collect data from users cologne, and other fragrances for the 9:30–10:30 a.m.—Ad Hoc Committee on of the resource. comfort of other participants (see Regulations at 50 CFR 648.11(g) Frontier Issues (guest speaker: Paul http://www.access-board.gov/about/ Lloyd, Department of Agriculture, require observer service providers to policies/fragrance.htm for more comply with specific requirements in TARGET Center). information). 10:45–Noon—Ad Hoc Committee order to operate as an approved Meetings (Closed to Public). David M. Capozzi, provider in the Atlantic sea scallop 1:30–2:45 p.m.—Presentation on Executive Director. (scallop) fishery. Observer service providers must comply with the Research Collaboration (guest [FR Doc. 2011–15942 Filed 6–23–11; 8:45 am] following requirements: Submit speakers: Sue Swenson, National BILLING CODE 8150–01–P Institute on Disability and applications for approval as an observer Rehabilitation Research and Connie service provider; formally request observer training by the Northeast Pledger, Interagency Committee on DEPARTMENT OF COMMERCE Disability Research). Fisheries Observer Program (NEFOP); 3–4p.m.—Ad Hoc Committee Meetings Submission for OMB Review; submit observer deployment reports and (Closed to Public). Comment Request biological samples; give notification of whether a vessel must carry an observer Wednesday, July 13, 2011 The Department of Commerce will within 24 hours of the vessel owner’s 9:30–11 a.m.—Ad Hoc Committee on submit to the Office of Management and notification of a prospective trip; Outdoor Developed Areas and Budget (OMB) for clearance the maintain an updated contact list of all Shared Use Paths (Closed to following proposal for collection of observers that includes the observer Public). information under the provisions of the identification number; observer’s name, 10:45–Noon—Presentation on Paperwork Reduction Act (44 U.S.C. mailing address, e-mail address, phone Accessible Taxis (guest speakers: Chapter 35). numbers, homeports or fisheries/trip Mathew McCollough; Kelly Agency: National Oceanic and types assigned, and whether or not the Buckland, National Council on Atmospheric Administration (NOAA). observer is ‘‘in service.’’ The regulations

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also require observer service providers DATES: Written, telefaxed, or e-mail whether the applicant has demonstrated submit any outreach materials, such as comments must be received on or before that the proposed activity is humane informational pamphlets, payment July 25, 2011. and does not represent any unnecessary notification, and descriptions of ADDRESSES: The application and related risks to the health and welfare of marine observer duties as well as all contracts documents are available upon written mammals; that the proposed activity by between the service provider and request or by appointment in the itself, or in combination with other entities requiring observer services for following offices: activities, will not likely have a review to NMFS/NEFOP. Observer Permits, Conservation and Education significant adverse impact on the service providers also have the option to Division, Office of Protected species or stock; and that the applicant’s respond to application denials, and Resources, NMFS, 1315 East-West expertise, facilities and resources are submit a rebuttal in response to a Highway, Room 13705, Silver Spring, adequate to accomplish successfully the pending removal from the list of MD 20910; phone (301) 427–8401; fax objectives and activities stated in the approved observer providers. These (301) 713–0376; and application. requirements allow NMFS/NEFOP to Southeast Region, NMFS, 263 13th In compliance with the National effectively administer the scallop Avenue South, Saint Petersburg, Environmental Policy Act of 1969 (42 observer program. Florida 33701; phone (727) 824–5312; U.S.C. 4321 et seq.), an initial Affected Public: Business or other for- fax (727) 824–5309. determination has been made that the profit organizations. Written comments on this application activity proposed is categorically Frequency: Annually, semi-annually, should be submitted to the Chief, excluded from the requirement to monthly, daily and on occasion. Permits, Conservation and Education prepare an environmental assessment or Respondent’s Obligation: Mandatory. Division, at the address listed above. environmental impact statement. OMB Desk Officer: Comments may also be submitted by Concurrent with the publication of [email protected]. facsimile to (301) 713–0376, or by e- this notice in the Federal Register, Copies of the above information NMFS is forwarding copies of the collection proposal can be obtained by mail to [email protected]. Please include the File No. 16510 in the application to the Marine Mammal calling or writing Diana Hynek, Commission and its Committee of Departmental Paperwork Clearance subject line of the e-mail comment. Those individuals requesting a public Scientific Advisors. Officer, (202) 482–0266, Department of hearing should submit a written request Commerce, Room 6616, 14th and Dated: June 20, 2011. to the Chief, Permits, Conservation and Constitution Avenue, NW., Washington, P. Michael Payne, Education Division at the address listed DC 20230 (or via the Internet at Chief, Permits, Conservation and Education above. The request should set forth the [email protected]). Division, Office of Protected Resources, Written comments and specific reasons why a hearing on this National Marine Fisheries Service. recommendations for the proposed application would be appropriate. [FR Doc. 2011–15896 Filed 6–23–11; 8:45 am] information collection should be sent FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P within 30 days of publication of this Laura Morse or Jennifer Skidmore, (301) notice to 427–8401. [email protected]. SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE subject permit is requested under the Dated: June 20, 2011. authority of the Marine Mammal National Oceanic and Atmospheric Gwellnar Banks, Protection Act of 1972, as amended Administration Management Analyst, Office of the Chief (MMPA; 16 U.S.C. 1361 et seq.), and the RIN 0648–XA514 Information Officer. regulations governing the taking and [FR Doc. 2011–15778 Filed 6–23–11; 8:45 am] importing of marine mammals (50 CFR Gulf of Mexico Fishery Management BILLING CODE 3510–22–P part 216). Council; Public Meeting The applicant requests authorization to import up to five non-releasable AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE marine mammals over the next five year Service (NMFS), National Oceanic and period including two harbor seals in the Atmospheric Administration (NOAA), National Oceanic and Atmospheric Commerce. Administration fall of 2011 from the Marine Mammal Rescue Division of the Vancouver ACTION: Council to convene a public RIN 0648–XA503 Aquarium, Vancouver, Canada for meeting. purposes of public display at the Blank SUMMARY: Marine Mammals; File No. 16510 Park Zoo. The receiving facility is: (1) The Gulf of Mexico Fishery Open to the public on regularly Management Council will convene a AGENCY: National Marine Fisheries meeting of the Ad Hoc Red Snapper Service (NMFS), National Oceanic and scheduled basis with access that is not limited or restricted other than by Individual Fishing Quota (IFQ) 5-year Atmospheric Administration (NOAA), Review Panel. Commerce. charging an admission fee; (2) offers an DATES: The meeting will convene at 1 ACTION: Notice; receipt of application. educational program based on professionally recognized standards; p.m. on Tuesday, July 12, 2011 and SUMMARY: Notice is hereby given that and (3) holds an Exhibitor’s License, conclude by 5 p.m., Wednesday, July Blank Park Zoo [Kevin V. Drees, number 42–C–0168, issued by the U.S. 13, 2011. Responsible Party], 7401 SW. Ninth, Des Department of Agriculture under the ADDRESSES: The meeting will be held at Moines, IA 50315, has applied in due Animal Welfare Act (7 U.S.C. 2131–59). the Gulf of Mexico Fishery Management form for a permit to import for public The permit would expire five years after Council, 2203 North Lois Avenue, Suite display up to five non-releasable the date of issuance. 1100, Tampa, FL 33607; telephone: California sea lions (Zalophus In addition to determining whether (813) 348–1630. californianus) and harbor seals (Phoca the applicant meets the three public Council address: Gulf of Mexico vitulina). display criteria, NMFS must determine Fishery Management Council, 2203 N.

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Lois Avenue, Suite 1100, Tampa, FL SUMMARY: The Gulf of Mexico Fishery DEPARTMENT OF COMMERCE 33607. Management Council will convene a National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Dr. public meeting via webinar. Administration Assane Diagne, Economist; Gulf of DATES: The meeting will be held July 12, Mexico Fishery Management Council; 2011. See SUPPLEMENTARY INFORMATION RIN 0648–XA490 telephone: (813) 348–1630. for time. SUPPLEMENTARY INFORMATION: The ad ADDRESSES: The meeting will be held National Saltwater Angler Registry hoc red snapper IFQ advisory panel will via webinar. Program discuss issues related to the 5-year Council address: Gulf of Mexico Fishery Management Council, 2203 AGENCY: National Marine Fisheries review of the red snapper IFQ program North Lois Avenue, Suite 1100, Tampa, Service (NMFS), National Oceanic and and consider potential improvements to FL 33607. Atmospheric Administration (NOAA), the program. Commerce. Copies of the agenda and other related FOR FURTHER INFORMATION CONTACT: Dr. ACTION: Notice. materials can be obtained by calling Richard Leard, Deputy Executive Director, Gulf of Mexico Fishery (813) 348–1630 or can be downloaded SUMMARY: NMFS has designated the from the Council’s ftp site, Management Council; telephone: (813) 348–1630. state of New Jersey and the District of ftp.gulfcouncil.org. Columbia as exempted states for anglers, SUPPLEMENTARY INFORMATION: The Gulf Although other non-emergency issues spear fishers and for-hire fishing of Mexico Fishery Management Council not on the agenda may come before the vessels. Scientific and Statistical Committees for will hold a meeting via webinar to discussion, in accordance with the review its June 2011 actions regarding DATES: The designation of the states as Magnuson-Stevens Fishery preferred alternatives for annual catch exempted states is effective on June 24, Conservation and Management Act, limit and accountability measures for 2011. those issues may not be the subject of Gulf group Spanish and possibly make ADDRESSES: Gordon C. Colvin, Fishery formal action during this meeting. modifications. Biologist, NMFS ST–12453, 1315 East- Actions of the Scientific and Statistical The webinar is scheduled to begin at West Highway, Silver Spring, MD Committees will be restricted to those 10 a.m./EST, 9 a.m./CST on July 12, 20910. 2011 and is expected last no longer than issues specifically identified in the FOR FURTHER INFORMATION CONTACT: agenda and any issues arising after 30 minutes. Interested persons must register to participate in the webinar via Gordon C. Colvin, Fishery Biologist; publication of this notice that require (301) 427–8118; e-mail: emergency action under Section 305(c) the Gulf Council’s Web site at http:// www.gulfcouncil.org. Participation may [email protected]. of the Magnuson-Stevens Fishery be by computer or telephone. An agenda Conservation and Management Act, SUPPLEMENTARY INFORMATION: The final and meeting materials may be obtained provided the public has been notified of rule implementing the National by contacting the Council at the address the Council’s intent to take action to Saltwater Angler Registry Program, listed above. address the emergency. 50 CFR part 600, subpart P, was Although other non-emergency issues published in the Federal Register on Special Accommodations not on the agendas may come before the December 30, 2008 (73 FR 79705). The Council for discussion, in accordance This meeting is physically accessible final rule requires persons who are with the Magnuson-Stevens Fishery to people with disabilities. Requests for angling, spear fishing or operating a for- Conservation and Management Act sign language interpretation or other hire fishing vessel in the U.S. Exclusive (Magnuson-Stevens Act), those issues auxiliary aids should be directed to Economic Zone or for anadromous may not be the subject of formal action Kathy Pereira at the Council (see species to register annually with NOAA. during the meeting. Actions of the ADDRESSES) at least 5 working days prior However, persons who are licensed or Council will be restricted to those issues to the meeting. registered by, or state residents who are specifically identified in the agenda and not required to register or hold a license Dated: June 20, 2011. any issues arising after publication of issued by, a state that is designated as Tracey L. Thompson, this notice that require emergency an exempted state are not required to Acting Director, Office of Sustainable action under Section 305(c) of the register with NOAA. The final rule sets Fisheries, National Marine Fisheries Service. Magnuson-Stevens Act, provided the forth the requirements for states to be [FR Doc. 2011–15768 Filed 6–23–11; 8:45 am] public has been notified of the Council’s designated as exempted states. BILLING CODE 3510–22–P intent to take action to address the Generally, exempted states must agree emergency. to provide to NMFS names, addresses, Special Accommodations dates of birth and telephone numbers of DEPARTMENT OF COMMERCE the persons licensed or registered under The meeting is physically accessible a qualifying state license and/or registry National Oceanic and Atmospheric to people with disabilities. Requests for program, or to provide catch and effort Administration sign language interpretation or other data from a qualifying regional survey of auxiliary aids should be directed to RIN 0648–XA515 recreational fishing, and enter into a Kathy Pereira at the Council (see Memorandum of Agreement with NMFS ADDRESSES) at least 5 working days prior Gulf of Mexico Fishery Management to formalize the data reporting to the meeting. Council (Council); Public Meeting agreement. Dated: June 20, 2011. AGENCY: National Marine Fisheries NMFS has received proposals for Service (NMFS), National Oceanic and Tracey L. Thompson, providing license/registry data from the Atmospheric Administration (NOAA), Acting Director, Office of Sustainable states listed below, has determined that Commerce. Fisheries, National Marine Fisheries Service. the states’ programs qualify for [FR Doc. 2011–15769 Filed 6–23–11; 8:45 am] exempted state designation under the ACTION: Notice of a public meeting. BILLING CODE 3510–22–P provisions of the final rule, and has

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entered into Memoranda of Agreement SUPPLEMENTARY INFORMATION: On March ADDRESSES: The permit and related with each of the states. Therefore, 21, 2011, notice was published in the documents are available for review pursuant to 50 CFR 600.1415(b)(3), Federal Register (76 FR 15300) that a upon written request or by appointment notice is hereby given that the following request for enhancement permits to take in the following offices: shortnose sturgeon had been submitted states are designated as exempted states Permits, Conservation and Education under 50 CFR 600.1415: New Jersey and by the above-named organizations. The Division, Office of Protected the District of Columbia. Persons who requested permits have been issued Resources, NMFS, 1315 East-West hold a valid fishing license or under the authority of the Endangered registration issued by these exempted Species Act of 1973, as amended (ESA; Highway, Room 13705, Silver Spring, states for angling, spear fishing or 16 U.S.C. 1531 et seq.) and the MD 20910; phone (301)427–8401; fax operating a for-hire fishing vessel in regulations governing the taking, (301)713–0376; and tidal waters are not required to register importing, and exporting of endangered Southeast Region, NMFS, 263 13th with NOAA under 50 CFR 600.1405(b). and threatened species (50 CFR Parts Avenue South, Saint Petersburg, Persons who are residents of these 222–226). Florida 33701; phone (727)824–5312; exempted states who are not required to The Virginia Living Museum and the fax (727)824–5309. hold a fishing license, or to be registered Maritime Aquarium at Norwalk have to fish under the laws of these exempted been issued permits to continue FOR FURTHER INFORMATION CONTACT: states, also are not required to register enhancement activities previously Jennifer Skidmore or Kristy Beard, with NOAA. authorized under Permit Nos. 1472 and (301)427–8401. 1473, respectively. Activities include Dated: June 10, 2011. SUPPLEMENTARY INFORMATION: On June 9, the continued maintenance, transport 2009, notice was published in the Eric C. Schwaab, and educational display of captive-bred, Federal Register (74 FR 27286) that a Assistant Administrator for Fisheries, non-releaseable adult shortnose request for a permit to import specimens National Marine Fisheries Service. sturgeon. The permit does not authorize [FR Doc. 2011–15893 Filed 6–23–11; 8:45 am] any takes from the wild, nor does it for scientific research had been BILLING CODE 3510–22–P authorize any release of captive submitted by the above-named sturgeon into the wild. The permit is applicant. The requested permit has issued for a duration of 5 years. been issued under the authority of the DEPARTMENT OF COMMERCE Issuance of this permit, as required by Marine Mammal Protection Act of 1972, the ESA, was based on a finding that as amended (16 U.S.C. 1361 et seq.) and National Oceanic and Atmospheric such permit (1) Was applied for in good the regulations governing the taking and Administration faith, (2) will not operate to the importing of marine mammals (50 CFR [RIN 0648–XA506] disadvantage of such endangered or part 216). Permit No. 14502 authorizes threatened species, and (3) is consistent the importation of muscle, blubber, and Endangered Species; File Nos. 16266 with the purposes and policies set forth teeth samples from Risso’s, spinner, and and 16291 in section 2 of the ESA. spotted dolphins and short-finned pilot AGENCY: National Marine Fisheries Dated: June 20, 2011. whales collected during the legal Service (NMFS), National Oceanic and P. Michael Payne, cetacean hunts of St. Vincent and the Atmospheric Administration (NOAA), Chief, Permits, Conservation and Education Grenadines. Samples from up to 100 Commerce. Division, Office of Protected Resources, individuals will be imported to the ACTION: Issuance of permits. National Marine Fisheries Service. NOAA Center for Coastal Fisheries and [FR Doc. 2011–15894 Filed 6–23–11; 8:45 am] Habitat Research in Beaufort, North SUMMARY : Notice is hereby given that BILLING CODE 3510–22–P Carolina, for contaminant analysis the Virginia Living Museum, 524 J. (specifically methyl-mercury). No Clyde Morris Boulevard, Newport News, animals will be taken to provide VA 23602 [Chris Crippen, Responsible DEPARTMENT OF COMMERCE samples for this research and no marine Party], and the Maritime Aquarium at mammals will be incidentally harassed. Norwalk, 10 North Water Street, South National Oceanic and Atmospheric The permit is valid through June 17, Norwalk, CT 06854 [Ellen Riker, Administration 2012. Responsible Party] have been issued RIN 0648–XA508 permits to take shortnose sturgeon for In compliance with the National purposes of enhancement. Marine Mammals; File No. 14502 Environmental Policy Act of 1969 (42 ADDRESSES: The permit and related U.S.C. 4321 et seq.), a final AGENCY: National Marine Fisheries documents are available for review determination has been made that the Service (NMFS), National Oceanic and upon written request or by appointment activity proposed is categorically Atmospheric Administration (NOAA), in the following offices: excluded from the requirement to Permits, Conservation and Education Commerce. prepare an environmental assessment or Division, Office of Protected Resources, ACTION: Notice; issuance of permit. environmental impact statement. NMFS, 1315 East-West Highway, Room SUMMARY: Notice is hereby given that a Dated: June 20, 2011. 13705, Silver Spring, MD 20910; phone permit has been issued to Russell P. Michael Payne, (301) 713–2289; fax (301) 713–0376; and Fielding, Louisiana State University, Chief, Permits, Conservation and Education Northeast Region, NMFS, 55 Great Room 227, Baton Rouge, Louisiana Republic Drive, Gloucester, MA 01930; Division, Office of Protected Resources, 70803 to import samples from Risso’s National Marine Fisheries Service. phone (978) 281–9328; fax (978) 281– (Grampus griseus), spinner (Stenella [FR Doc. 2011–15899 Filed 6–23–11; 8:45 am] 9394. longirostris), and spotted (S. frontalis) FOR FURTHER INFORMATION CONTACT: dolphins and short-finned pilot whales BILLING CODE 3510–22–P Colette Cairns or Jennifer Skidmore, (Globicephala macrorhynchus) for the (301) 713–2289. purpose of scientific research.

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DEPARTMENT OF COMMERCE SUMMARY: On June 8, 2011, a notice was SUPPLEMENTARY INFORMATION: The notice published in the Federal Register announcing that NMFS had received an National Oceanic and Atmospheric announcing that NMFS had received a application for the unintentional take of Administration request for authorization to marine mammals incidental to a marine RIN 0648–XA430 unintentionally take marine mammals geophysical survey in the central- incidental to a marine geophysical western Bering Sea in August 2011 (76 Takes of Marine Mammals Incidental to survey to be conducted in the central- FR 33246; June 8, 2011) contained errors Specified Activities; Marine western Bering Sea in August 2011. in Table 2 regarding the occurrence and Geophysical Survey in the Central- That document contained a table with densities of marine mammals that may Western Bering Sea, August 2011; incorrect information regarding the occur in or near the proposed seismic Correction occurrence and densities of marine survey area. Accordingly, Table 2 in AGENCY: National Marine Fisheries mammals that may occur in or near the Federal Register document 76 FR 33246 Service (NMFS), National Oceanic and proposed seismic survey areas. This (pages 33250–33251) has been revised to Atmospheric Administration (NOAA), document presents a new table with read as follows: Commerce. corrections. All other information is BILLING CODE 3510–22–P ACTION: Notice; proposed Incidental unchanged. Harassment Authorization; request for FOR FURTHER INFORMATION CONTACT: comments; correction. Brian D. Hopper, (301) 713–2289.

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Dated: June 20, 2011. furnish the products and service to the sheets, Gregg Rule, White. P. Michael Payne, Government. NSN: 7530–00–NIB–1025—Notebook, Spiral Bound, 100% PCW, 8 x 101⁄2″, 70 sheets, Chief, Permits, Conservation and Education 2. If approved, the action will result Wide Rule, White. Division, Office of Protected Resources, in authorizing small entities to furnish Coverage: A–List for the Total Government National Marine Fisheries Service. the products and service to the Requirement as aggregated by the [FR Doc. 2011–15861 Filed 6–23–11; 8:45 am] Government. General Services Administration. 3. There are no known regulatory BILLING CODE 3510–22–C NSN: 7530–00–NIB–1003—Notebook, alternatives which would accomplish Memorandum Book, 100% PCW, 3 x 5″, the objectives of the Javits-Wagner- 60 sheets, Narrow Rule, White. COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 46–48c) in NSN: 7530–00–NIB–1006—Notebook, Spiral 1 ″ PEOPLE WHO ARE BLIND OR connection with the products and Bound, 100% PCW, 8 ⁄2 x 11 , 100 SEVERELY DISABLED service proposed for addition to the sheets, Wide Rule, White. Procurement List. NSN: 7530–00–NIB–1009—Notebook, Spiral 1 ″ Procurement List; Proposed Additions Comments on this certification are Bound, 100% PCW, 8 ⁄2 x 11 , 120 and Deletion invited. Commenters should identify the sheets, College Rule, White. statement(s) underlying the certification NSN: 7530–00–NIB–1020—Notebook, Spiral 1 ″ AGENCY: Committee for Purchase From on which they are providing additional Bound, Biobased Begasse Paper, 5 x 7 ⁄2 , 80 sheets, College Rule, White. People Who Are Blind or Severely information. Disabled. NSN: 7530–00–NIB–1023—Notebook, Spiral End of Certification Bound, Biobased Begasse Paper, 81⁄2 x ACTION: Proposed Additions to and 11″, 200 sheets, College Rule, White. Deletion from the Procurement List. The following products and service Coverage: B-List for the Broad Government are proposed for addition to Requirement as aggregated by the SUMMARY: The Committee is proposing Procurement List for production by the General Services Administration. to add products and a service to the nonprofit agencies listed: NPA: The Arkansas Lighthouse for the Blind, Procurement List that will be furnished Products Little Rock, AR. by nonprofit agencies employing Contracting Activity: General Services persons who are blind or have other Paper, Xerographic Copier and Printer Administration, New York, NY. severe disabilities, and deletes a product Paper, Neon Colors NSN: 7920–00–NIB–0520—Duster Material,

previously furnished by such agency. NSN: 7530–01–398–2680—81⁄2″ x 11″, Neon Easy Trap, Roll, Large. Comments Must Be Received On or Pink. NSN: 7920–00–NIB–0521—Duster Material, Before: 7/25/2011. NSN: 7530–01–398–2681—81⁄2″ x 11″, Neon Easy Trap, Dispenser Box, Large. NSN: 7920–00–NIB–0503—Duster Material, ADDRESSES: Committee for Purchase Blue. NSN: 7530–01–398–2682—81⁄2″ x 11″, Neon Easy Trap, Dispenser Box, Standard Size. From People Who Are Blind or Severely NSN: 7920–00–NIB–0502—Duster Material, Disabled, Jefferson Plaza 2, Suite 10800, Green. NPA: Louisiana Association for the Blind, Easy Trap, Roll, Standard Size. 1421 Jefferson Davis Highway, Shreveport, LA. NPA: New York City Industries for the Blind, Arlington, Virginia 22202–3259. Contracting Activity: General Services Inc., Brooklyn, NY. FOR FURTHER INFORMATION OR TO SUBMIT Administration, New York, NY. Contracting Activity: General Services COMMENTS CONTACT: Barry S. Lineback, Coverage: A-List for the Total Government Administration, Fort Worth, TX. Telephone: (703) 603–7740, Fax: (703) Requirement as aggregated by the Coverage: B–List for the Broad Government General Services Administration. Requirement as aggregated by the 603–0655, General Services Administration. or e-mail [email protected]. NSN: 7530–00–NIB–1004—Notebook, Spiral Bound, 100% PCW, 81⁄2 x 11″, 80 sheets, NSN: 7530–00–NIB–0982—Monthly Desk SUPPLEMENTARY INFORMATION: This College Rule, White. Planner, Wire Bound, Non-refillable, notice is published pursuant to 41 U.S.C NSN: 7530–00–NIb–1005—Notebook, Spiral Black cover. 47(a)(2) and 41 CFR 51–2.3. Its purpose Bound, 100% PCW, 81⁄2 x 11″, 100 NSN: 7530–00–NIB–1026—Weekly Planner ″ ″ is to provide interested persons an sheets, College Rule, White. Book, Dated, 5 x 8 , Digital Camouflage. opportunity to submit comments on the NSN: 7530–00–NIB–1007—Notebook, Spiral NSN: 7530–00–NIB–0986—Weekly Desk proposed actions. Bound, 100% PCW, 5 x 71⁄2″, 80 sheets, Planner, Wire Bound, Non-refillable, College Rule, White. Black cover. Additions NSN: 7530–00–NIB–1008—Notebook, Spiral NSN: 7530–00–NIB–0987—Daily Desk 1 ″ Planner, Wire bound, Non-refillable, If the Committee approves the Bound, 100% PCW, 6 x 9 ⁄2 , 80 sheets, proposed additions, the entities of the College Rule, White. Black Cover. NSN: 7530–00–NIB–1027—Monthly Wall Federal Government identified in this NSN: 7530–00–NIB–1010—Notebook, Spiral 1 ″ Calendar, Dated, Jan–Dec, 81⁄2″ x 11″. notice will be required to procure the Bound, 100% PCW, 6 x 9 ⁄2 , 150 sheets, College Rule, White. NSN: 7510–00–NIB–1803—Wall Calendar, ″ ″ products and service listed below from NSN: 7530–00–NIB–1011—Notebook, Spiral Dated, Wire Bound w/Hanger, 12 x 17 . nonprofit agencies employing persons Bound, 100% PCW, 81⁄2 x 11″, 200 NSN: 7510–00–NIB–1804—Wall Calendar, ″ who are blind or have other severe sheets, College Rule, White. Dated, Wire Bound w/hanger, 15.5 x ″ disabilities. NSN: 7530–00–NIB–1018—Notebook, 22 . Stenographer’s, Biobased Begasse Paper, NPA: The Chicago Lighthouse for People Regulatory Flexibility Act Certification 6 x 9″, 80 sheets, Gregg Rule, White. Who Are Blind or Visually Impaired, I certify that the following action will NSN: 7530–00–NIB–1019—Notebook, Spiral Chicago, IL. not have a significant impact on a Bound, Biobased Begasse Paper, 8 x Contracting Activity: General Services 1 ″ Administration, New York, NY. substantial number of small entities. 10 ⁄2 , 70 sheets, College Rule, White. NSN: 7530–00–NIB–1021—Notebook, Spiral Coverage: A-List for the Total Government The major factors considered for this ″ Requirement as aggregated by the certification were: Bound, Biobased Begasse Paper, 8 x 11 , 100 sheets, College Rule, White. General Services Administration. 1. If approved, the action will not NSN: 7530–00–NIB–1022—Notebook, Spiral NSN: 8465–01–580–1303—Entrenching Tool result in any additional reporting, Bound, Biobased Begasse Paper, 6 x 91⁄2″, Carrier, MOLLE Components, OCP. recordkeeping or other compliance 150 sheets, College Rule, White. NPA: Dallas Lighthouse for the Blind, Inc., requirements for small entities other NSN: 7530–00–NIB–1024—Notebook, Dallas, TX. than the small organizations that will Stenographer’s, 100% PCW, 6 x 9″, 60 Contracting Activity: Department of the Army

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Research, Development, & Engineering 1. Decisional Matter: Final 15(j) Rule Avenue, NW., Suite 8312, Washington, Command, Natick, MA. for Drawstrings. DC 20525 (Please go to 10th floor Coverage: C-List for 100% of the requirement 2. Briefing Matter: Lead 100 ppm. reception area for escort). for initial fielding and Rapid Fielding A live Web cast of the Meeting can be CALL-IN INFORMATION: This meeting is Initiative of the Department of the Army, viewed at http:www.cpsc.gov/webcast. as aggregated by the Department of the available to the public through the Army Research, Development, & For a recorded message containing the following toll-free call-in number: 888– Engineering Command, Natick, MA. latest agenda information, call (301) 989–5160 conference call access code 504–7948. Service number 3131856. Any interested CONTACT PERSON FOR MORE INFORMATION: Service Type/Location: Custodial Service, Ft. member of the public may call this Todd A. Stevenson, Office of the number and listen to the meeting. Jackson, SC. Secretary, U.S. Consumer Product NPA: SC Vocations & Individual Callers can expect to incur charges for Advancement, Inc., Greenville, SC. Safety Commission, 4330 East West calls they initiate over wireless lines, Contracting Activity: Dept of the Army, Highway, Bethesda, MD 20814, (301) and the Corporation will not refund any W6QM Ft Jackson DOC, Fort Jackson, 504–7923. incurred charges. Callers will incur no SC. Dated: June 22, 2011. charge for calls they initiate over land- Deletion Todd A. Stevenson, line connections to the toll-free telephone number. Replays are Regulatory Flexibility Act Certification Secretary. [FR Doc. 2011–16017 Filed 6–22–11; 4:15 pm] generally available one hour after a call I certify that the following action will ends. The toll-free phone number for the BILLING CODE 6355–01–P not have a significant impact on a replay is 800–873–2094 conference call substantial number of small entities. access code number 8336. The end The major factors considered for this CONSUMER PRODUCT SAFETY replay date is July 6, 2011 10:59 PM certification were: COMMISSION (CT). 1. If approved, the action will not STATUS: Open. result in additional reporting, Sunshine Act Meeting Notice recordkeeping or other compliance MATTERS TO BE CONSIDERED: requirements for small entities. TIME AND DATE: Wednesday, June 29, I. Chair’s Opening Comments. 2. If approved, the action may result 2011; 2 p.m.–3 p.m. II. Consideration of Previous Meeting’s in authorizing small entities to furnish PLACE: Hearing Room 420, Bethesda Minutes. the product to the Government. Towers, 4330 East West Highway, III. CEO Report. 3. There are no known regulatory Bethesda, Maryland. alternatives which would accomplish IV. Committee Reports: STATUS: Closed to the Public. the objectives of the Javits-Wagner- a. Oversight, Governance and Audit MATTER TO BE CONSIDERED: O’Day Act (41 U.S.C. 46–48c) in Committee. connection with the product proposed Compliance Status Report b. External Relations Committee. for deletion from the Procurement List. The Commission staff will brief the c. Program, Budget and Evaluation End of Certification Commission on the status of compliance Committee. V. Public Comments. The following product is proposed for matters. deletion from the Procurement List: For a recorded message containing the Members of the public who would latest agenda information, call (301) like to comment on the business of the Product 504–7948. Board may do so in writing or in person. Detergent, Laundry CONTACT PERSON FOR MORE INFORMATION: Individuals may submit written comments to [email protected] subject NSN: 7930–01–506–7081. Todd A. Stevenson, Office of the NPA: East Texas Lighthouse for the Blind, Secretary, U.S. Consumer Product line: JUNE 2011 CNCS Board Meeting Tyler, TX. Safety Commission, 4330 East West by 12 noon on Monday June 27th. Contracting Activity: Defense Logistics Highway, Bethesda, MD 20814, (301) Individuals attending the meeting in Agency Troop Support, Philadelphia, 504–7923. person who would like to comment will PA. be asked to sign-in upon arrival. Dated: June 22, 2011. Comments are requested to be limited to Barry S. Lineback, Todd A Stevenson, 2 minutes. Director, Business Operations. Secretary. REASONABLE ACCOMMODATIONS: The [FR Doc. 2011–15822 Filed 6–23–11; 8:45 am] [FR Doc. 2011–16002 Filed 6–22–11; 4:15 pm] BILLING CODE 6353–01–P Corporation for National and BILLING CODE 6355–01–P Community Service provides reasonable accommodations to individuals with disabilities where appropriate. Anyone CONSUMER PRODUCT SAFETY CORPORATION FOR NATIONAL AND COMMISSION who needs an interpreter or other COMMUNITY SERVICE accommodation should notify Ida Green Sunshine Act Meeting Notice Sunshine Act Meeting Notice at [email protected] or 202–606–6861 by 5 p.m., June 24, 2011. TIME AND DATE: Wednesday, June 29, The Board of Directors of the CONTACT PERSON FOR MORE INFORMATION: 2011, 10 a.m.–12 Noon. Corporation for National and Emily Samose, Strategic Advisor for PLACE: Room 420, Bethesda Towers, Community Service gives notice of the Board Engagement, Corporation for 4330 East West Highway, Bethesda, following meeting: National and Community Service, 1201 Maryland. DATE AND TIME: Wednesday, June 29, New York Avenue NW., Washington, STATUS: Commission Meeting—Open to 2011, 11:00 a.m.–12:15 p.m. DC 20525. Phone: (202) 606–7564. Fax: the Public PLACE: Corporation for National and (202) 606–3460. TTY: (800) 833–3722. MATTERS TO BE CONSIDERED: Community Service, 1201 New York E-mail: [email protected].

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Dated: June 21, 2011. DEPARTMENT OF DEFENSE requirements of section 155 of Public Valerie Green, Law 104–164 dated July 21, 1996. General Counsel. Office of the Secretary FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 2011–15986 Filed 6–22–11; 11:15 am] John Unglesbee, DSCA/DBO/CFM, (703) [Transmittal Nos. 10–03] BILLING CODE 6050–$$–P 601–6026. The following is a copy of a letter to 36(b)(1) Arms Sales Notification the Speaker of the House of Representatives, Transmittal 10–03 with AGENCY: Department of Defense, Defense Security Cooperation Agency. attached transmittal, policy justification, and Sensitivity of Technology. ACTION: Notice. Dated: June 16, 2011. SUMMARY: The Department of Defense is Aaron Siegel, publishing the unclassified text of a Alternate OSD Federal Register Liaison section 36(b)(1) arms sales notification. Officer, Department of Defense. This is published to fulfill the BILLING CODE 5001–06–P

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[FR Doc. 2011–15770 Filed 6–23–11; 8:45 am] ACTION: Notice. Representatives, Transmittal 10–77 with BILLING CODE 5001–06–C attached transmittal and policy SUMMARY: The Department of Defense is justification. publishing the unclassified text of a Dated: June 16, 2011. DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. This is published to fulfill the Aaron Siegel, Office of the Secretary requirements of section 155 of Public Alternate OSD Federal Register Liaison [Transmittal Nos. 10–77] Law 104–164 dated July 21, 1996. Officer, Department of Defense. BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: 36(b)(1) Arms Sales Notification Mr. John Unglesbee, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense 601–6026. The following is a copy of a Security Cooperation Agency. letter to the Speaker of the House of

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[FR Doc. 2011–15772 Filed 6–23–11; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 10–68 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. and Sensitivity of Technology. Office of the Secretary This is published to fulfill the Dated: June 16, 2011. requirements of section 155 of Public Aaron Siegel, [Transmittal Nos. 10–68] Law 104–164 dated July 21, 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Mr. Officer, Department of Defense. John Unglesbee, DSCA/DBO/CFM, (703) AGENCY: Department of Defense, Defense BILLING CODE 5001–06–P 601–6026. Security Cooperation Agency.

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[FR Doc. 2011–15771 Filed 6–23–11; 8:45 am] SUMMARY: The Defense Logistics Agency (RIN) and title, by any of the following BILLING CODE 5001–06–C proposes to amend a system of records methods: notice in its existing inventory of * Federal Rulemaking Portal: http:// records systems subject to the Privacy www.regulations.gov. Follow the DEPARTMENT OF DEFENSE Act of 1974, (5 U.S.C. 552a), as instructions for submitting comments. amended. Office of the Secretary * Mail: Federal Docket Management System Office, 1160 Defense Pentagon, DATES: This proposed action will be [Docket ID: DOD–2011–OS–0068] effective without further notice on July Washington, DC 20301–1160. 25, 2011 unless comments are received Instructions: All submissions received Privacy Act of 1974; Systems of must include the agency name and Records which result in a contrary determination. docket number or Regulatory AGENCY: Defense Logistics Agency, DoD. Information Number (RIN) for this ADDRESSES: You may submit comments, Federal Register document. The general ACTION: Notice To Amend a System of identified by docket number policy for comments and other Records. and/Regulatory Information Number submissions from members of the public

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is to make these submissions available and 10 U.S.C. 136, Under Secretary of 8725 John J. Kingman Road, Stop 2533, for public viewing on the Internet at Defense for Personnel and Readiness.’’ Fort Belvoir, VA 22060–6221, and the http://www.regulations.gov as they are * * * * * Public Affairs Offices of the Defense received without change, including any Logistics Agency (DLA) Primary Level personal identifiers or contact SYSTEM MANAGER(S) AND ADDRESS: Field Activities. Official mailing information. Delete entry and replace with addresses are published as an appendix ‘‘Director, DLA Public Affairs Office, FOR FURTHER INFORMATION CONTACT: Ms. to DLA’s compilation of systems of Defense Logistics Agency Headquarters, records notices. Jody Sinkler, Privacy Act Officer, 8725 John J. Kingman Road, Stop 2533, Headquarters, Defense Logistics Agency, Fort Belvoir, VA 22060–6221, and the CATEGORIES OF INDIVIDUALS COVERED BY THE ATTN: DGA, 8725 John J. Kingman Heads of the Public Affairs Offices SYSTEM: Road, Stop 16443, Fort Belvoir, VA within each DLA Primary Level Field 22060–6221 or by phone at (703) 767– DLA military and civilian employees Activity. Official mailing addresses are who request a Hometown News Release. 5045. published as an appendix to DLA’s SUPPLEMENTARY INFORMATION: The compilation of systems of records CATEGORIES OF RECORDS IN THE SYSTEM: Defense Logistics Agency systems of notices.’’ records notices subject to the Privacy Information is submitted Act of 1974, (5 U.S.C. 552a), as NOTIFICATION PROCEDURE: electronically using the Joint Hometown amended, have been published in the Delete entry and replace with News Service Defense Media Activity Federal Register and are available from ‘‘Individuals seeking to determine Web page; and includes name, local the address above. The proposed system whether this system of records contains address, branch of service, status, rank, reports, as required by 5 U.S.C. 552a (r), information about themselves should pay grade, gender, newsworthy event, of the Privacy Act of 1974, as amended, address written inquiries to the DLA marital status, names and addresses of were submitted on February 25, 2011, to FOIA/Privacy Act Office, Headquarters, relatives (parents, stepparents, the House Committee on Oversight and Defense Logistics Agency, ATTN: DGA, guardians, aunts/uncles, grandparents, Government Reform, the Senate 8725 John J. Kingman Road, Suite 1644, and adult siblings), present unit of Committee on Homeland Security and Fort Belvoir, VA 22060–6221. assignment, job title, years of military Governmental Affairs, and the Office of Written inquiry must contain the service, education data, and Management and Budget (OMB) subject individual’s full name, current photographs. pursuant to paragraph 4c of Appendix I address, and telephone number.’’ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to OMB Circular No. A–130, ‘Federal RECORD ACCESS PROCEDURES: Agency Responsibilities for Maintaining Delete entry and replace with 5 U.S.C. 301, Departmental Records About Individuals,’ dated ‘‘Individuals seeking access to Regulations and 10 U.S.C. 136, Under February 8, 1996 (February 20, 1996, 61 information about themselves contained Secretary of Defense for Personnel and FR 6427). in this system of records should address Readiness. Dated: June 17, 2011. written inquiries to the DLA FOIA/ PURPOSE(S): Aaron Siegel, Privacy Act Office, Headquarters, Alternate OSD Federal Register Liaison Defense Logistics Agency, ATTN: DGA, Information is collected and Officer, Department of Defense. 8725 John J. Kingman Road, Suite 1644, maintained for the purpose of Fort Belvoir, VA 22060–6221. distributing information on activities S190.10 Written inquiry must contain the and accomplishments of DLA military SYSTEM NAME: subject individual’s full name, current and civilian personnel to hometown DLA Hometown News Releases (April address, and telephone number.’’ newspapers and broadcast stations 30, 2009, 74 FR 19939). throughout the United States using the CONTESTING RECORD PROCEDURES: Army and Air Force Hometown News CHANGES: Delete entry and replace with ‘‘The Service. Release of this information is * * * * * DLA rules for accessing records, for done with the individual’s full contesting contents and appealing cooperation and consent. SYSTEM LOCATION: initial agency determinations are Delete entry and replace with contained in 32 CFR Part 323, or may ROUTINE USES OF RECORDS MAINTAINED IN THE ‘‘Defense Logistics Agency be obtained from the DLA FOIA/Privacy SYSTEM, INCLUDING CATEGORIES OF USERS AND Headquarters, Public Affairs Office, Act Office, Headquarters, Defense THE PURPOSES OF SUCH USES: 8725 John J. Kingman Road, Stop 2533, Logistics Agency, ATTN: DGA, 8725 In addition to those disclosures Fort Belvoir, VA 22060–6221, and the John J. Kingman Road, Suite 1644, Fort generally permitted under 5 U.S.C. Public Affairs Offices of the Defense Belvoir, VA 22060–6221.’’ 552a(b) of the Privacy Act of 1974, these Logistics Agency (DLA) Primary Level RECORD SOURCE CATEGORIES: records contained therein may Field Activities. Official mailing specifically be disclosed outside the addresses are published as an appendix Delete entry and replace with ‘‘Information is obtained from the DoD as a routine use pursuant to to DLA’s compilation of systems of 5 U.S.C. 552a(b)(3) as follows: records notices.’’ subject individual.’’ * * * * * Information is released to hometown * * * * * newspapers and broadcast stations S190.19 CATEGORIES OF RECORDS IN THE SYSTEM: throughout the United States using the Army and Air Force Hometown News Delete ‘‘last five digits of Social SYSTEM NAME: Service for the purpose of showcasing Security Number’’ from entry. DLA Hometown News Releases. the activities and accomplishments of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM LOCATION: the DLA military or civilian member. Delete entry and replace with ‘‘5 Defense Logistics Agency The DoD ‘‘Blanket Routine Uses’’ U.S.C. 301, Departmental Regulations Headquarters, Public Affairs Office, apply to this system of records.

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POLICIES AND PRACTICES FOR STORING, CONTESTING RECORD PROCEDURES: and Navigation Structures and Asset RETRIEVING, ACCESSING, RETAINING, AND The DLA rules for accessing records, Management on Tuesday, July 26, will DISPOSING OF RECORDS IN THE SYSTEM: for contesting contents and appealing include an Introduction; Asset STORAGE: initial agency determinations are Management Processes for Coastal Navigation Structures; Coastal Records are maintained on electronic contained in 32 CFR part 323, or may Navigation Structures Data Management storage media. be obtained from the DLA FOIA/Privacy Act Office, Headquarters, Defense and Visualization; Navigation Structure RETRIEVABILITY: Logistics Agency, ATTN: DGA, 8725 Condition Assessment in the Great Lakes: Federal, State, Local, and Private Records are retrieved by individual’s John J. Kingman Road, Suite 1644, Fort Perspectives; Developments in Asset name. Belvoir, VA 22060–6221. Management Systems; Future RECORD SOURCE CATEGORIES: SAFEGUARDS: Navigation Needs; Systems Approach to Information is obtained from the Records are maintained in a Risk and Lifecycle Management of subject individual. Coastal Navigation Infrastructure; and controlled facility. Physical entry is Research and Development Needs and restricted by the use of locks, guards, EXEMPTIONS CLAIMED FOR THE SYSTEM: Plans. There will be an optional field and is accessible only to authorized None. trip boat Tuesday evening. personnel. Access to computerized data [FR Doc. 2011–15775 Filed 6–23–11; 8:45 am] On Wednesday morning, July 27, is restricted by passwords, which are BILLING CODE 5001–06–P 2011, panel presentations dealing with changed periodically. Data sent by DLA Regional Sediment Management (RSM) Public Affairs Officers to the Army and will include an Introduction; Future DEPARTMENT OF DEFENSE Air Force Hometown News Service is RSM Challenges in the Corps; Long-term via e-mail to an authorized DoD address. Sediment Budget to Assess Harbor Access to records is limited to person(s) Department of the Army; Corps of Engineers Impacts at St. Joseph, MI; Nearshore responsible for servicing the record in Placement of Sand and Fine Grain performance of their official duties and Board on Coastal Engineering Dredged Material: LRD Experience and who are properly screened and cleared Research Current R&D to Foster RSM Approaches; for need-to-know. Engineering Research Needs for the AGENCY: Department of the Army, DoD. RETENTION AND DISPOSAL: Great Lakes; Managing Great Lakes ACTION: Notice of meeting. Watersheds and Non-Point Source Records are destroyed after 90 days. Sediment Loads; and National Coastal SUMMARY: In accordance with Section SYSTEM MANAGER(S) AND ADDRESS: Mapping Program. Panel presentations 10(a)(2) of the Federal Advisory continuing Wednesday afternoon will Director, DLA Public Affairs Office, Committee Act (Pub. L. 92–463), include Regional Monitoring Defense Logistics Agency Headquarters, announcement is made of the following Performance and Techniques, Regional 8725 John J. Kingman Road, Stop 2533, committee meeting: Modeling and Analysis, and RSM Fort Belvoir, VA 22060–6221, and the Name of Committee: Board on Coastal Future Direction and R&D Needs. A Heads of the Public Affairs Offices Engineering Research. briefing from the American Shore and within each DLA Primary Level Field Date of Meeting: July 26–28, 2011. Place: Crowne Jewel Ballroom, Beach Preservation Association will be Activity. Official mailing addresses are Wednesday afternoon. Sheraton At The Falls, 300 Third Street, published as an appendix to DLA’s The Board will meet in Executive Niagara Falls, NY 14303. compilation of systems of records Session to discuss ongoing initiatives Time: 8 a.m. to 3:15 p.m. (July 26, notices. and actions on Thursday morning, July 2011); 8 a.m. to 5:30 p.m. (July 27, 28. NOTIFICATION PROCEDURE: 2011); 7:30 a.m. to 11:30 p.m. (July 28, These meetings are open to the Individuals seeking to determine 2011). public. Participation by the public is whether this system of records contains FOR FURTHER INFORMATION CONTACT: scheduled for 4:30 p.m. on Wednesday, information about themselves should Inquiries and notice of intent to attend July 27. address written inquiries to the DLA the meeting may be addressed to COL The entire meeting and field trip boat FOIA/Privacy Act Office, Headquarters, Kevin J. Wilson, Executive Secretary, tour are open to the public, but since Defense Logistics Agency, ATTN: DGA, U.S. Army Engineer Research and seating capacity is limited, advance 8725 John J. Kingman Road, Suite 1644, Development Center, Waterways notice of attendance is required. Oral Fort Belvoir, VA 22060–6221. Experiment Station, 3909 Halls Ferry participation by public attendees is Written inquiry must contain the Road, Vicksburg, MS 39180–6199. encouraged during the time scheduled subject individual’s full name, current SUPPLEMENTARY INFORMATION: The Board on the agenda; written statements may address, and telephone number. provides broad policy guidance and be submitted prior to the meeting or up review of plans and fund requirements to 30 days after the meeting. RECORD ACCESS PROCEDURES: for the conduct of research and Kevin J. Wilson, Individuals seeking access to development of research projects in information about themselves contained Colonel, Corps of Engineers, Executive consonance with the needs of the Secretary. in this system of records should address coastal engineering field and the written inquiries to the DLA FOIA/ objectives of the Chief of Engineers. [FR Doc. 2011–15901 Filed 6–23–11; 8:45 am] Privacy Act Office, Headquarters, Proposed Agenda: The goal of the BILLING CODE 3720–58–P Defense Logistics Agency, ATTN: DGA, meeting is to review the coastal 8725 John J. Kingman Road, Suite 1644, engineering challenges within the Great Fort Belvoir, VA 22060–6221. Lakes region, as well as nationally, and DEPARTMENT OF EDUCATION Written inquiry must contain the identify the research that is needed to Notice of Submission for OMB Review subject individual’s full name, current help the Districts meet these challenges. address, and telephone number. Panel presentations dealing with Coastal AGENCY: Department of Education.

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ACTION: Comment request. Frequency of Responses: Annually. Overview Information: National Affected Public: State, Local, or Tribal Institute on Disability and SUMMARY: The Director, Information Government, State Educational Rehabilitation Research (NIDRR)— Collection Clearance Division, Privacy, Agencies or Local Educational Agencies. Disability and Rehabilitation Research Information and Records Management Total Estimated Number of Annual Projects and Centers Program— Services, Office of Management, invites Responses: 57. Rehabilitation Engineering Research comments on the submission for OMB Total Estimated Annual Burden Centers (RERCs). review as required by the Paperwork Hours: 18,050. Notice inviting applications for new Reduction Act of 1995 (Pub. L. 104–13). Abstract: The Office of Vocational and awards for fiscal year (FY) 2011. DATES: Interested persons are invited to Adult Education requests a revision to its data collection requirements for four Catalog of Federal Domestic Assistance submit comments on or before July 25, (CFDA) Numbers: 84.133E–1 and 84.133E–3. 2011. measures—entered employment, retained employment, entry into DATES: Applications Available: June 24, ADDRESSES: Written comments should 2011. be addressed to the Office of postsecondary education and attainment of a secondary credential—by changing Date of Pre-Application Meeting: July Information and Regulatory Affairs, 15, 2011. Attention: Education Desk Officer, the population to which these measures apply. Currently, states report on the Deadline for Transmittal of Office of Management and Budget, 725 Applications: August 15, 2011. 17th Street, NW., Room 10222, New relevant outcome for students who set Executive Office Building, Washington, goals related to the measure. Goal Full Text of Announcement setting is being replaced with automatic DC 20503, be faxed to (202) 395–5806 or I. Funding Opportunity Description e-mailed to cohort designation related to a student’s Purpose of Program: The purpose of [email protected] with a employment status, having a secondary the Disability and Rehabilitation cc: to [email protected]. Please note credential and taking General Research Projects and Centers Program that written comments received in Educational Development tests. is to plan and conduct research, response to this notice will be Approval is also sought for collecting demonstration projects, training, and considered public records. new data on teacher experience and certification and student’s years of related activities, including SUPPLEMENTARY INFORMATION: Section schooling. international activities; to develop 3506 of the Paperwork Reduction Act of Copies of the information collection methods, procedures, and rehabilitation 1995 (44 U.S.C. Chapter 35) requires submission for OMB review may be technology that maximize the full that the Office of Management and accessed from the RegInfo.gov Web site inclusion and integration into society, Budget (OMB) provide interested at http://www.reginfo.gov/public/do/ employment, independent living, family Federal agencies and the public an early PRAMain or from the Department’s Web support, and economic and social self- opportunity to comment on information site at http://edicsweb.ed.gov, by sufficiency of individuals with collection requests. The OMB is selecting the ‘‘Browse Pending disabilities, especially individuals with particularly interested in comments Collections’’ link and by clicking on the most severe disabilities; and to which: (1) Evaluate whether the link number 4523. When you access the improve the effectiveness of services proposed collection of information is information collection, click on authorized under the Rehabilitation Act necessary for the proper performance of ‘‘Download Attachments ’’ to view. of 1973, as amended (Rehabilitation the functions of the agency, including Written requests for information should Act). whether the information will have be addressed to U.S. Department of practical utility; (2) Evaluate the Rehabilitation Engineering Research Education, 400 Maryland Avenue, SW., Centers Program (RERCs) accuracy of the agency’s estimate of the LBJ, Washington, DC 20202–4537. burden of the proposed collection of Requests may also be electronically The purpose of the RERC program is information, including the validity of mailed to the Internet address to improve the effectiveness of services the methodology and assumptions used; [email protected] or faxed to 202– authorized under the Rehabilitation Act (3) Enhance the quality, utility, and 401–0920. Please specify the complete by conducting advanced engineering clarity of the information to be title of the information collection and research on and development of collected; and (4) Minimize the burden OMB Control Number when making innovative technologies that are of the collection of information on those your request. designed to solve particular who are to respond, including through Individuals who use a rehabilitation problems, or to remove the use of appropriate automated, telecommunications device for the deaf environmental barriers. RERCs also electronic, mechanical, or other (TDD) may call the Federal Information demonstrate and evaluate such technological collection techniques or Relay Service (FIRS) at 1–800–877– technologies, facilitate service delivery other forms of information technology. 8339. system changes, stimulate the Dated: June 20, 2011. [FR Doc. 2011–15797 Filed 6–23–11; 8:45 am] production and distribution of new Darrin A. King, BILLING CODE 4000–01–P technologies and equipment in the Director, Information Collection Clearance private sector, and provide training Division, Privacy, Information and Records opportunities. Management Services, Office of Management. DEPARTMENT OF EDUCATION Priorities: These priorities are from the notice of final priorities for this Office of Vocational and Adult Applications for New Awards; program, published elsewhere in this Education Rehabilitation Engineering Research issue of the Federal Register. Type of Review: Revision. Centers (RERCs) Absolute Priorities: For FY 2011 and Title of Collection: Measures and AGENCY: Office of Special Education and any subsequent year in which we make Methods for the National Reporting Rehabilitative Services, Department of awards from the list of unfunded System for Adult Education. Education. applicants from these competitions, OMB Control Number: 1830–0027. these priorities are absolute priorities. ACTION: Notice. Agency Form Number(s): N/A. Under 34 CFR 75.105(c)(3) we consider

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only applications that meet one of the IV. Application and Submission one-page abstract, the resumes, the following priorities. Information bibliography, or the letters of support. These priorities are: 1. Address to Request Application However, the page limit does apply to 84.133E–1—RERC on Low Vision and Package: You can obtain an application all of the application narrative section Blindness. package via the Internet or from the (Part III). 84.133E–3—RERC on Wireless The application package will provide Education Publications Center (ED Technologies. instructions for completing all Pubs). To obtain a copy via the Internet, components to be included in the Note: The full text of these priorities is use the following address: http:// application. Each application must included in the notice of final priorities, www.ed.gov/fund/grant/apply/ include a cover sheet (Standard Form published elsewhere in this issue of the grantapps/index.html. Federal Register and in the application 424); budget requirements (ED Form To obtain a copy from ED Pubs, write, package for these competitions. 524) and narrative budget justification; fax, or call the following: ED Pubs, U.S. other required forms; an abstract, Program Authority: 29 U.S.C. 762(g) and Department of Education, P.O. Box Human Subjects narrative, Part III 764(b)(3). 22207, Alexandria, VA 22304. project narrative; resumes of staff; and Applicable Regulations: (a) The Telephone, toll free: 1–877–433–7827. other related materials, if applicable. Education Department General FAX: (703) 605–6794. If you use a 3. Submission Dates and Times: Administrative Regulations (EDGAR) in telecommunications device for the deaf Applications Available: June 24, 2011. 34 CFR Parts 74, 75, 77, 80, 81, 82, 84, (TDD), call, toll free: 1–877–576–7734. Date of Pre-Application Meeting: 85, 86, and 97. (b) The regulations for You can contact ED Pubs at its Web Interested parties are invited to this program in 34 CFR Part 350. (c) The site, also: http://www.EDPubs.gov or at participate in a pre-application meeting notice of final priorities for the its e-mail address: [email protected]. and to receive information and technical Disability and Rehabilitation Research If you request an application from ED assistance through individual Projects and Centers program, published Pubs, be sure to identify this program as consultation with NIDRR staff. The pre- elsewhere in this issue of the Federal follows: CFDA numbers 84.133E–1 and application meeting will be held July Register. 84.133E–3. 15, 2011. Interested parties may Individuals with disabilities can participate in this meeting by Note: The regulations in 34 CFR Part 86 obtain a copy of the application package conference call with NIDRR staff from apply to institutions of higher education in an accessible format (e.g., braille, only. the Office of Special Education and large print, audiotape, or computer Rehabilitative Services between 1 p.m. II. Award Information diskette) by contacting the person or and 3 p.m., Washington, DC time. team listed under Accessible Format in NIDRR staff also will be available from Type of Award: Discretionary grants. section VIII of this notice. 3:30 p.m. to 4:30 p.m., Washington, DC Estimated Available Funds: 2. Content and Form of Application time, on the same day, by telephone, to $1,900,000. Submission: Requirements concerning provide information and technical Contingent upon the availability of the content of an application, together assistance through individual funds and the quality of applications, with the forms you must submit, are in consultation. For further information or we may make additional awards in FY the application package for this to make arrangements to participate in 2012 from the list of unfunded program. the meeting via conference call or for an applicants from these competitions. Page Limit: The application narrative individual consultation, contact either Maximum Award: We will reject any (Part III of the application) is where you, Lynn Medley or Marlene Spencer as application that proposes a budget the applicant, address the selection follows: Lynn Medley, U.S. Department exceeding $950,000 for a single budget criteria that reviewers use to evaluate of Education, 400 Maryland Avenue, period of 12 months. The Assistant your application. We recommend that SW., Room 5140, Potomac Center Plaza Secretary for Special Education and you limit the application narrative (Part (PCP), Washington, DC 20202–2700. Rehabilitative Services may change the III) to the equivalent of no more than Telephone: (202) 245–7338 or by e-mail: maximum amount through a notice 125 pages, using the following [email protected]. Marlene Spencer, published in the Federal Register. standards: Estimated Number of Awards: 1 for U.S. Department of Education, 400 • A ‘‘page’’ is 8.5″ × 11″, on one side Maryland Avenue, SW., Room 5133, the RERC on Low Vision and Blindness only, with 1″ margins at the top, bottom, competition (CFDA No. 84.133E–1) and PCP, Washington, DC 20202–2700. and both sides. Telephone: (202) 245–7532 or by e-mail: 1 for the RERC on Wireless • Double space (no more than three Technologies competition (CFDA No. [email protected]. lines per vertical inch) all text in the Deadline for Transmittal of 84.133E–3). application narrative, including titles, Applications: August 15, 2011. Note: The Department is not bound by any headings, footnotes, quotations, Applications for grants under the estimates in this notice. references, and captions, as well as all competitions announced in this notice Project Period: Up to 60 months. text in charts, tables, figures, and must be submitted electronically using graphs. the Grants.gov Apply site (Grants.gov). III. Eligibility Information • Use a font that is either 12 point or For information (including dates and 1. Eligible Applicants: States; public larger or no smaller than 10 pitch times) about how to submit your or private agencies, including for-profit (characters per inch). application electronically, or in paper agencies; public or private • Use one of the following fonts: format by mail or hand delivery if you organizations, including for-profit Times New Roman, Courier, Courier qualify for an exception to the electronic organizations; institutions of higher New, or Arial. submission requirement, please refer to education; and Indian tribes and tribal The recommended page limit does not section IV.7. Other Submission organizations. apply to Part I, the cover sheet; Part II, Requirements of this notice. 2. Cost Sharing or Matching: The the budget section, including the We do not consider an application competitions announced in this notice narrative budget justification; Part IV, that does not comply with the deadline do not require cost sharing or matching. the assurances and certifications; or the requirements.

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Individuals with disabilities who yourself with Grants.gov as an AOR. system—after 4:30:00 p.m., Washington, need an accommodation or auxiliary aid Details on these steps are outlined in the DC time, on the application deadline in connection with the application Grants.gov 3-Step Registration Guide date. We do not consider an application process should contact the person listed (see http://www.grants.gov/section910/ that does not comply with the deadline under FOR FURTHER INFORMATION Grants.govRegistrationBrochure.pdf). requirements. When we retrieve your CONTACT in section VII of this notice. If 7. Other Submission Requirements: application from Grants.gov, we will the Department provides an Applications for grants under this notify you if we are rejecting your accommodation or auxiliary aid to an program must be submitted application because it was date and time individual with a disability in electronically unless you qualify for an stamped by the Grants.gov system after connection with the application exception to this requirement in 4:30:00 p.m., Washington, DC time, on process, the individual’s application accordance with the instructions in this the application deadline date. remains subject to all other section. • The amount of time it can take to requirements and limitations in this a. Electronic Submission of upload an application will vary notice. Applications. depending on a variety of factors, 4. Intergovernmental Review: This Applications for grants under the including the size of the application and program is not subject to Executive Disability and Rehabilitation Research the speed of your Internet connection. Order 12372 and the regulations in 34 Projects and Centers program, CFDA Therefore, we strongly recommend that CFR part 79. number 84.133E–1 or 84.133E–3, must you do not wait until the application 5. Funding Restrictions: We reference be submitted electronically using the deadline date to begin the submission regulations outlining funding Governmentwide Grants.gov Apply site process through Grants.gov. restrictions in the Applicable at http://www.Grants.gov. Through this • You should review and follow the Regulations section in this notice. site, you will be able to download a Education Submission Procedures for 6. Data Universal Numbering System copy of the application package, submitting an application through Number, Taxpayer Identification complete it offline, and then upload and Grants.gov that are included in the Number, and Central Contractor submit your application. You may not application package for these Registry: To do business with the e-mail an electronic copy of a grant competitions to ensure that you submit Department of Education, you must— application to us. your application in a timely manner to a. Have a Data Universal Numbering We will reject your application if you the Grants.gov system. You can also find System (DUNS) number and a Taxpayer submit it in paper format unless, as the Education Submission Procedures Identification Number (TIN); described elsewhere in this section, you pertaining to Grants.gov under News b. Register both your DUNS number qualify for one of the exceptions to the and Events on the Department’s G5 and TIN with the Central Contractor electronic submission requirement and system home page at http://www.G5.gov. Registry (CCR), the Government’s submit, no later than two weeks before • You will not receive additional primary registrant database; the application deadline date, a written point value because you submit your c. Provide your DUNS number and statement to the Department that you application in electronic format, nor TIN on your application; and qualify for one of these exceptions. will we penalize you if you qualify for d. Maintain an active CCR registration Further information regarding an exception to the electronic with current information while your calculation of the date that is two weeks submission requirement, as described application is under review by the before the application deadline date is elsewhere in this section, and submit Department and, if you are awarded a provided later in this section under your application in paper format. grant, during the project period. Exception to Electronic Submission • You must submit all documents You can obtain a DUNS number from Requirement. electronically, including all information Dun and Bradstreet. A DUNS number You may access the electronic grant you typically provide on the following can be created within one business day. applications for the RERC on Low forms: The Application for Federal If you are a corporate entity, agency, Vision and Blindness and the RERC on Assistance (SF 424), the Department of institution, or organization, you can Wireless Technologies competitions at Education Supplemental Information for obtain a TIN from the Internal Revenue http://www.Grants.gov. You must search SF 424, Budget Information—Non- Service. If you are an individual, you for the downloadable application Construction Programs (ED 524), and all can obtain a TIN from the Internal package for this program by the CFDA necessary assurances and certifications. Revenue Service or the Social Security number. Do not include the CFDA • You must upload any narrative Administration. If you need a new TIN, number’s alpha suffix in your search sections and all other attachments to please allow 2–5 weeks for your TIN to (e.g., search for 84.133, not 84.133E). your application as files in a .PDF become active. Please note the following: (Portable Document) format only. If you The CCR registration process may take • When you enter the Grants.gov site, upload a file type other than a .PDF or five or more business days to complete. you will find information about submit a password-protected file, we If you are currently registered with the submitting an application electronically will not review that material. CCR, you may not need to make any through the site, as well as the hours of • Your electronic application must changes. However, please make certain operation. comply with any page-limit that the TIN associated with your DUNS • Applications received by Grants.gov requirements described in this notice. number is correct. Also note that you are date and time stamped. Your • After you electronically submit will need to update your CCR application must be fully uploaded and your application, you will receive from registration on an annual basis. This submitted and must be date and time Grants.gov an automatic notification of may take three or more business days to stamped by the Grants.gov system no receipt that contains a Grants.gov complete. later than 4:30:00 p.m., Washington, DC tracking number. (This notification In addition, if you are submitting your time, on the application deadline date. indicates receipt by Grants.gov only, not application via Grants.gov, you must (1) Except as otherwise noted in this receipt by the Department.) The Be designated by your organization as section, we will not accept your Department then will retrieve your an Authorized Organization application if it is received—that is, date application from Grants.gov and send a Representative (AOR); and (2) register and time stamped by the Grants.gov second notification to you by e-mail.

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This second notification indicates that • You do not have the capacity to If your application is postmarked after the Department has received your upload large documents to the the application deadline date, we will application and has assigned your Grants.gov system; and not consider your application. • application a PR/Award number (an ED- No later than two weeks before the Note: The U.S. Postal Service does not specified identifying number unique to application deadline date (14 calendar uniformly provide a dated postmark. Before your application). days or, if the fourteenth calendar day relying on this method, you should check • We may request that you provide us before the application deadline date with your local post office. original signatures on forms at a later falls on a Federal holiday, the next c. Submission of Paper Applications date. business day following the Federal by Hand Delivery. Application Deadline Date Extension holiday), you mail or fax a written If you qualify for an exception to the in Case of Technical Issues with the statement to the Department, explaining electronic submission requirement, you Grants.gov System: If you are which of the two grounds for an (or a courier service) may deliver your experiencing problems submitting your exception prevent you from using the paper application to the Department by application through Grants.gov, please Internet to submit your application. hand. You must deliver the original and contact the Grants.gov Support Desk, If you mail your written statement to two copies of your application by hand, toll free, at 1–800–518–4726. You must the Department, it must be postmarked on or before the application deadline obtain a Grants.gov Support Desk Case no later than two weeks before the date, to the Department at the following Number and must keep a record of it. application deadline date. If you fax address: U.S. Department of Education, If you are prevented from your written statement to the Application Control Center, Attention: electronically submitting your Department, we must receive the faxed (CFDA Number 84.133E–1 or 84.133E– application on the application deadline statement no later than two weeks 3), 550 12th Street, SW., Room 7041, date because of technical problems with before the application deadline date. Potomac Center Plaza, Washington, DC the Grants.gov system, we will grant you Address and mail or fax your 20202–4260. an extension until 4:30:00 p.m., statement to: Marlene Spencer, U.S. The Application Control Center Washington, DC time, the following Department of Education, 400 Maryland accepts hand deliveries daily between business day to enable you to transmit Avenue, SW., room 5133, PCP, 8:00 a.m. and 4:30:00 p.m., Washington, your application electronically or by Washington, DC 20202–2700. FAX: DC time, except Saturdays, Sundays, hand delivery. You also may mail your (202) 245–7323. and Federal holidays. Note for Mail or application by following the mailing Your paper application must be Hand Delivery of Paper Applications: If instructions described elsewhere in this submitted in accordance with the mail you mail or hand deliver your notice. or hand delivery instructions described application to the Department— If you submit an application after in this notice. (1) You must indicate on the envelope 4:30:00 p.m., Washington, DC time, on b. Submission of Paper Applications and—if not provided by the the application deadline date, please by Mail. Department—in Item 11 of the SF 424 contact the person listed under FOR If you qualify for an exception to the the CFDA number, including suffix FURTHER INFORMATION CONTACT in electronic submission requirement, you letter, if any, of the program under section VII of this notice and provide an may mail (through the U.S. Postal which you are submitting your explanation of the technical problem Service or a commercial carrier) your application; and you experienced with Grants.gov, along (2) The Application Control Center application to the Department. You with the Grants.gov Support Desk Case will mail to you a notification of receipt must mail the original and two copies Number. We will accept your of your grant application. If you do not of your application, on or before the application if we can confirm that a receive this notification within 15 application deadline date, to the technical problem occurred with the business days from the application Department at the following address: Grants.gov system and that that problem deadline date, you should call the U.S. U.S. Department of Education, affected your ability to submit your Department of Education Application Application Control Center, Attention: application by 4:30:00 p.m., Control Center at (202) 245–6288. (CFDA Number 84.133E–1 or 84.133E– Washington, DC time, on the 3), LBJ Basement Level 1, 400 Maryland V. Application Review Information application deadline date. The Avenue, SW., Washington, DC 20202– Department will contact you after a 1. Selection Criteria: The selection 4260. determination is made on whether your criteria for this program are from 34 CFR You must show proof of mailing application will be accepted. 350.54 and are listed in the application consisting of one of the following: package. Note: The extensions to which we refer in (1) A legibly dated U.S. Postal Service 2. Review and Selection Process: We this section apply only to the unavailability postmark. of, or technical problems with, the Grants.gov remind potential applicants that in system. We will not grant you an extension (2) A legible mail receipt with the reviewing applications in any if you failed to fully register to submit your date of mailing stamped by the U.S. discretionary grant program, the application to Grants.gov before the Postal Service. Secretary may consider, under 34 CFR application deadline date and time or if the (3) A dated shipping label, invoice, or 75.217(d)(3), the past performance of the technical problem you experienced is receipt from a commercial carrier. applicant in carrying out a previous unrelated to the Grants.gov system. (4) Any other proof of mailing award, such as the applicant’s use of Exception to Electronic Submission acceptable to the Secretary of the U.S. funds, achievement of project Requirement: You qualify for an Department of Education. objectives, and compliance with grant exception to the electronic submission If you mail your application through conditions. The Secretary may also requirement, and may submit your the U.S. Postal Service, we do not consider whether the applicant failed to application in paper format, if you are accept either of the following as proof submit a timely performance report or unable to submit an application through of mailing: submitted a report of unacceptable the Grants.gov system because— (1) A private metered postmark. quality. • You do not have access to the (2) A mail receipt that is not dated by In addition, in making a competitive Internet; or the U.S. Postal Service. grant award, the Secretary also requires

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various assurances including those 4. Performance Measures: To evaluate as follows: Lynn Medley, U.S. applicable to Federal civil rights laws the overall success of its research Department of Education, 400 Maryland that prohibit discrimination in programs program, NIDRR assesses the quality of Avenue, SW., room 5140, PCP, or activities receiving Federal financial its funded projects through a review of Washington, DC 20202–2700. assistance from the Department of grantee performance and products. Each Telephone: (202) 245–7338 or by e-mail: Education (34 CFR 100.4, 104.5, 106.4, year, NIDRR examines a portion of its [email protected]. Marlene Spencer, 108.8, and 110.23). grantees to determine: • U.S. Department of Education, 400 3. Special Conditions: Under 34 CFR The percentage of NIDRR-supported Maryland Avenue, SW., room 5133, fellows, post-doctoral trainees, and 74.14 and 80.12, the Secretary may PCP, Washington, DC 20202–2700. doctoral students who publish results of impose special conditions on a grant if Telephone: (202) 245–7532 or by e-mail: NIDRR-sponsored research in refereed the applicant or grantee is not [email protected]. financially stable; has a history of journals. • unsatisfactory performance; has a The number of accomplishments If you use a TDD call the Federal financial or other management system (e.g., new or improved tools, methods, Relay Service (FRS), toll free, at 1–800– that does not meet the standards in 34 discoveries, standards, interventions, 877–8339. programs, or devices) developed or CFR parts 74 or 80, as applicable; has VIII. Other Information not fulfilled the conditions of a prior tested with NIDRR funding that have grant; or is otherwise not responsible. been judged by expert panels to be of Accessible Format: Individuals with high quality and to advance the field. disabilities can obtain this document VI. Award Administration Information • The average number of publications and a copy of the application package in 1. Award Notices: If your application per award based on NIDRR-funded research and development activities in an accessible format (e.g., braille, large is successful, we notify your U.S. print, audiotape, or computer diskette) Representative and U.S. Senators and refereed journals. • The percentage of new NIDRR by contacting the Grants and Contracts send you a Grant Award Notification grants that assess the effectiveness of Services Team, U.S. Department of (GAN). We may notify you informally, interventions, programs, and devices Education, 400 Maryland Avenue, SW., also. using rigorous methods. room 5075, PCP, Washington, DC If your application is not evaluated or • The number of new or improved 20202–2550. Telephone: (202) 245– not selected for funding, we notify you. NIDRR-funded assistive and universally 7363. If you use a TDD call FRS, toll- 2. Administrative and National Policy designed technologies, products, and free, at 1–800–877–8339. Requirements: We identify devices transferred to industry for Electronic Access to This Document: administrative and national policy potential commercialization. requirements in the application package NIDRR uses information submitted by The official version of this document is and reference these and other grantees as part of their Annual the document published in the Federal requirements in the Applicable Performance Reports (APRs) for these Register. Free Internet access to the Regulations section of this notice. reviews. official edition of the Federal Register We reference the regulations outlining Department of Education program and the Code of Federal Regulations is the terms and conditions of an award in performance reports, which include available via the Federal Digital System the Applicable Regulations section of information on NIDRR programs, are at: http://www.gpo.gov/fdsys. At this this notice and include these and other available on the Department’s Web site: site you can view this document, as well specific conditions in the GAN. The http://www.ed.gov/about/offices/list/ as all other documents of this GAN also incorporates your approved opepd/sas/index.html. Department published in the Federal application as part of your binding 5. Continuation Awards: In making a Register, in text or Adobe Portable commitments under the grant. continuation award, the Secretary may Document Format (PDF). To use PDF 3. Reporting: (a) If you apply for a consider, under 34 CFR 75.253, the you must have Adobe Acrobat Reader, grant under this program, you must extent to which a grantee has made which is available free at the site. ensure that you have in place the ‘‘substantial progress toward meeting necessary processes and systems to the objectives in its approved You may also access documents of the comply with the reporting requirements application.’’ This consideration Department published in the Federal in 2 CFR Part 170 should you receive includes the review of a grantee’s Register by using the article search funding under the program. This does progress in meeting the targets and feature at: http:// not apply if you have an exception projected outcomes in its approved www.federalregister.gov. Specifically, under 2 CFR 170.110(b). application, and whether the grantee through the advanced search feature at (b) At the end of your project period, has expended funds in a manner that is this site, you can limit your search to you must submit a final performance consistent with its approved application documents published by the report, including financial information, and budget. In making a continuation Department. as directed by the Secretary. If you grant, the Secretary also considers Dated: June 21, 2011. whether the grantee is operating in receive a multi-year award, you must Alexa Posny, submit an annual performance report compliance with the assurances in its that provides the most current approved application, including those Assistant Secretary for Special Education and performance and financial expenditure applicable to Federal civil rights laws Rehabilitative Services. information as directed by the Secretary that prohibit discrimination in programs [FR Doc. 2011–15933 Filed 6–23–11; 8:45 am] under 34 CFR 75.118. The Secretary or activities receiving Federal financial BILLING CODE 4000–01–P may also require more frequent assistance from the Department (34 CFR performance reports under 34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). 75.720(c). For specific requirements on VII. Agency Contacts reporting, please go to http:// www.ed.gov/fund/grant/apply/ FOR FURTHER INFORMATION CONTACT: appforms/appforms.html. Either Lynn Medley or Marlene Spencer

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DEPARTMENT OF EDUCATION competitions in FY 2011 and possibly independent living needs of individuals later years. However, nothing precludes with severe disabilities; and [CFDA Numbers 84.133E–1 and 84.133E–3] NIDRR from publishing additional • Facilitating service delivery systems Final Priorities; Disability and priorities, if needed. Furthermore, change through: (a) The development, Rehabilitation Research Projects and NIDRR is under no obligation to make evaluation, and dissemination of Centers Program an award for these priorities. The innovative, consumer-responsive, and decision to make an award will be based individual- and family-centered models AGENCY: Office of Special Education and on the quality of applications received for the delivery to both rural and urban Rehabilitative Services, Department of and available funding. areas of innovative cost-effective Education. Purpose of Program: The purpose of rehabilitation technology services; and ACTION: Notice of final priorities for two the Disability and Rehabilitation (b) other scientific research to assist in Rehabilitation Engineering Research Research Projects and Centers Program meeting the employment and Centers (RERCs). is to plan and conduct research, independent living needs of and demonstration projects, training, and addressing the barriers confronted by SUMMARY: The Assistant Secretary for related activities, including individuals with disabilities, including Special Education and Rehabilitative international activities; to develop individuals with severe disabilities. Services announces two priorities for methods, procedures, and rehabilitation Each RERC must be operated by, or in RERCs: Low Vision and Blindness technology that maximize the full collaboration with, one or more (Priority 1) and Wireless Technologies inclusion and integration into society, institutions of higher education or one (Priority 2). The Assistant Secretary may employment, independent living, family or more nonprofit organizations. use these priorities for competitions in support, and economic and social self- Each RERC must provide training fiscal year (FY) 2011 and later years. We sufficiency of individuals with opportunities, in conjunction with take this action to focus research disabilities, especially individuals with institutions of higher education or attention on areas of national need. We the most severe disabilities; and to nonprofit organizations, to assist intend to use these priorities to improve improve the effectiveness of services individuals, including individuals with rehabilitation services and outcomes for authorized under the Rehabilitation Act disabilities, to become rehabilitation individuals with disabilities. of 1973, as amended (Rehabilitation technology researchers and DATES: Effective Date: These priorities Act). practitioners. are effective July 25, 2011. Each RERC must emphasize the Rehabilitation Engineering Research principles of universal design in its FOR FURTHER INFORMATION CONTACT: Centers Program (RERCs) product research and development. Marlene Spencer, U.S. Department of Universal design is the design of Education, 400 Maryland Avenue, SW., The purpose of the RERC program is products and environments to be usable room 5133, Potomac Center Plaza (PCP), to improve the effectiveness of services by all people, to the greatest extent Washington, DC 20202–2700. authorized under the Rehabilitation Act possible, without the need for Telephone: (202) 245–7532 or by e-mail: by conducting advanced engineering adaptation or specialized design (North [email protected]. research on and development of If you use a telecommunications innovative technologies that are Carolina State University, 1997, The Center for Universal Design, http:// device for the deaf (TDD), call the designed to solve particular _ Federal Relay Service, toll free, at rehabilitation problems, or to remove www.design.ncsu.edu/cud/about ud/ 1–800–877–8339. environmental barriers. RERCs also udprinciplestext.htm). Additional information on the RERC demonstrate and evaluate such SUPPLEMENTARY INFORMATION: This program can be found at: http:// technologies, facilitate service delivery notice of final priorities (NFP) is in www.ed.gov/rschstat/research/pubs/ system changes, stimulate the concert with National Institute on index.html. Disability and Rehabilitation Research’s production and distribution of new (NIDRR’s) currently approved Long- technologies and equipment in the Program Authority: 29 U.S.C. 762(g) and Range Plan (Plan). The Plan, which was private sector, and provide training 764(b)(3). opportunities. published in the Federal Register on Applicable Program Regulations: 34 February 15, 2006 (71 FR 8165), can be General Requirements of RERCs CFR part 350. accessed on the Internet at the following We published a notice of proposed site: http://www.ed.gov/about/offices/ RERCs carry out research or priorities (NPP) for NIDRR’s Disability list/osers/nidrr/policy.html. demonstration activities in support of and Rehabilitation Research Projects Through the implementation of the the Rehabilitation Act by— • and Centers Program in the Federal Plan, NIDRR seeks to: (1) Improve the Developing and disseminating Register on March 29, 2011 (76 FR quality and utility of disability and innovative methods of applying 17396). That notice contained rehabilitation research; (2) foster an advanced technology, scientific background information and our reasons exchange of expertise, information, and achievement, and psychological and for proposing the particular priorities. training to facilitate the advancement of social knowledge to solve rehabilitation Public Comment: In response to our knowledge and understanding of the problems and to remove environmental invitation in the NPP, five parties unique needs of traditionally barriers through studying and submitted comments on the proposed underserved populations; (3) determine evaluating new or emerging priorities. the best strategies and programs to technologies, products, or environments Generally, we do not address improve rehabilitation outcomes for and their effectiveness and benefits; or technical and other minor changes. In underserved populations; (4) identify • Demonstrating and disseminating: addition, we do not address general research gaps; (5) identify mechanisms (a) Innovative models for the delivery of comments that raised concerns not of integrating research and practice; and cost-effective rehabilitation technology directly related to the proposed (6) disseminate findings. services to rural and urban areas; and (b) priorities. This notice announces two priorities other scientific research to assist in Analysis of Comments and Changes: that NIDRR intends to use for RERC meeting the employment and An analysis of the comments and of any

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changes in the priorities since aim of expediting the technology to improved vision assessment for the publication of the NPP follows. transfer process. population of individuals who are at Changes: None. risk for experiencing low vision and Low Vision and Blindness Comment: One commenter suggested blindness. This commenter stated that Comment: One commenter that the Low Vision and Blindness such language would result in having recommended that the Low Vision and priority include more explicit language the RERC focus on prevention of Blindness priority should emphasize a about the RERC’s role as a clearinghouse blindness among at-risk individuals, model of assistive technology for information on technologies for instead of on assessments and development in which mainstream, individuals who are blind or have low technologies to meet the needs of mass-market products are designed with vision. individuals who already experience accessibility features to meet the needs Discussion: NIDRR agrees that the vision loss. of individuals with low vision and RERC should have responsibility for Discussion: The priority includes blindness. The commenter noted that providing information about requirements for research and this model is more likely to lead to low- technologies for individuals who are development that will improve access to cost products, relative to the model in blind or have low vision. Paragraph (4) graphical information, signage, and which specialized products are of the priority requires each RERC to travel information and devices, as well designed for the relatively small market communicate with a wide variety of as development of technologies to of individuals with low vision and stakeholders about trends and evolving promote the participation of individuals blindness. product concepts related to its with low vision and blindness in Discussion: NIDRR agrees that the designated topic. Paragraph (5) of the science, technology, engineering, and development of mass-marketed products priority also requires each RERC to mathematics (STEM) education. In order with accessibility features can lead to provide technical assistance to to facilitate early intervention and better lower costs for consumers who are blind stakeholders on relevant policies, outcomes, NIDRR requires the RERC to or have low vision. The Low Vision and guidelines, and standards related to its focus on improved vision assessment Blindness priority provides the designated topic. Finally, the RERC technologies to improve the field’s flexibility for applicants to propose priority requirements, which apply to ability to detect and serve emerging projects that use this kind of mass- both the Low Vision and Blindness and populations of individuals who are market development model. However, Wireless Technologies priorities, blind or who have low vision. While NIDRR recognizes that a model that include a requirement that the RERC applicants may develop improved focuses on developing other more disseminate its research results to assessment technologies that would specialized or customized technologies relevant stakeholders. For these reasons, facilitate prevention of low vision and and products may be needed in order to we believe that this priority provides blindness among at-risk populations, develop useful and appropriate sufficiently for the RERC’s role in the RERC must focus its resources on technologies and products for transmitting information on the multiple requirements related to individuals who are blind or have low technologies for individuals who are research on and development of vision. For this reason, we also provide blind or have low vision, and, therefore, technologies to promote the applicants with the flexibility to use decline to add more explicit language as independence of individuals who are models that focus on these technologies requested. blind or who have low vision. and products. Changes: None. Changes: None. Changes: None. Comment: One commenter suggested Comment: One commenter Comment: One commenter suggested that the Low Vision and Blindness recommended that NIDRR revise the that NIDRR require the RERC to work priority should contain more explicit Low Vision and Blindness priority to directly with companies that are in a language about the RERC’s requirement require the RERC to investigate and position to manufacture and sell to collaborate with developers of address the employment needs of older products in order to expedite the technology from outside the RERC, individuals with low vision and process of transferring the RERC’s work researchers, and students in the field. blindness. to consumers in the market. Discussion: The requirements that are Discussion: Nothing in the priority Discussion: NIDRR agrees that applicable to both RERC priorities precludes applicants from proposing a collaborations with companies and include a requirement to collaborate project or projects that emphasize industry partners can expedite the with relevant industry partners and employment for older individuals with process of technology transfer. The relevant NIDRR-funded research low vision and blindness. However, RERC priority requirements, which projects. While the priority does not NIDRR does not have a sufficient basis apply to both the Low Vision and require collaboration with developers of for requiring all applicants to focus on Blindness and Wireless Technologies technology or with students in the field, this specific topic or population. NIDRR priorities, include a requirement to nothing in the priority precludes such does not want to limit applicants’ ability collaborate with relevant industry collaborations. NIDRR does not have a to propose projects that address other partners to improve research capacity. sufficient basis for requiring all important topics, outcomes, or This collaboration may also expedite the applicants to propose to collaborate populations by requiring research and transfer of the RERC’s work to with developers from outside of the development to support employment of consumers in the market. In an effort to RERC or with students in the field. We older individuals with low vision and increase transfer of RERC-developed believe individual projects are well blindness. technologies to the marketplace, NIDRR positioned to determine entities with Changes: None. also requires RERCs to develop a whom to collaborate, and this priority Comment: One commenter technology transfer plan in the first year provides them with adequate flexibility recommended that we revise the Low of the grant. Therefore, NIDRR believes to do so. Vision and Blindness priority to require that an additional requirement to Changes: None. the RERC to develop its research and collaborate with relevant industry Comment: One commenter expressed development plans based upon the partners is unnecessary. The current concern about language in the Low input of the diverse population of requirements achieve the commenter’s Vision and Blindness priority that refers individuals with vision loss and the

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organizations that represent them. This Comment: One commenter expressed work on built-in or third-party commenter also recommended that support for the requirement in the Low accessibility solutions. NIDRR require active partnerships Vision and Blindness priority that the Changes: None. between the RERC and organizations grantee must research and develop Comment: One commenter suggested that represent individuals living with technologies that will improve the that the Wireless Technologies priority vision loss. assessment of low vision and blindness should be broad enough to include Discussion: The RERC priority and promote independence for research to develop accessibility requirements, which apply to both the individuals with low vision and solutions for consumer electronics that Low Vision and Blindness and Wireless blindness of all ages, including those employ wireless technologies to Technologies priorities, include a who are deaf-blind and those with communicate with other devices. requirement that each RERC develop multiple disabilities. This commenter Discussion: Nothing in the Wireless and implement a plan for including noted, however, that individuals with Technologies priority precludes individuals with disabilities or their low vision and blindness who have applicants from proposing projects to representatives in all phases of its other disabling conditions cannot be develop accessibility solutions for activities, including research, easily categorized according to their consumer electronics that employ development, training, dissemination, disabling conditions, and that their wireless technologies to communicate and evaluation. In developing such a technology needs are largely driven by with other devices. However, NIDRR plan, applicants may determine the their functional abilities. The does not have a sufficient basis for timing and extent of involvement of commenter suggested that NIDRR revise requiring all applicants to do so. NIDRR individuals with disabilities in their the priority to require research and does not want to limit applicants’ ability activities. Nothing in the priority development that accounts for to propose other important research and precludes applicants from proposing to variations in functional abilities among development projects by requiring all develop active partnerships with individuals with low vision and applicants to focus their work in this organizations that represent individuals blindness and other disabling area. who are living with vision loss. conditions. Changes: None. However, NIDRR does not have a Discussion: NIDRR does not agree that Final Priorities sufficient basis for requiring all the priority should be revised to be applicants to do so. NIDRR does not Priority 1—Low Vision and Blindness. more prescriptive in terms of the The Assistant Secretary for Special want to limit applicants’ ability to conceptual and methodological propose alternative mechanisms for Education and Rehabilitative Services strategies used by the RERC, as establishes a priority for a Rehabilitation including individuals with disabilities suggested by the commenter. NIDRR or their representatives in the RERC’s Engineering Research Center (RERC) on strongly believes that applicants should work. Low Vision and Blindness. This RERC have the flexibility to propose a wide Changes: None. must research and develop technologies Comment: In reference to the variety of research and development that will improve the assessment of low requirement in the priority that the approaches that meet the requirements vision and blindness and promote RERC must research and develop of the priority. The peer review process independence for individuals with low technologies to promote the will determine the merits of each vision and blindness of all ages, participation of individuals with low proposal. including those who are deaf-blind and vision and blindness in STEM Changes: None. those with multiple disabilities. education, one commenter expressed Wireless Technologies Specifically, the RERC must improve concern that the RERC would focus its vision assessment for the changing and work exclusively in this area and Comment: One commenter suggested expanding population of individuals produce solutions with limited that NIDRR revise the Wireless who are at risk for experiencing low relevance outside of the classroom. The Technologies priority to require vision and blindness, including but not commenter recommended that we revise applicants to focus on the research and limited to, the elderly, returning the priority to ensure that the RERC’s development of low-cost or no-cost military veterans, and prematurely born activities are aimed at developing options for access to wireless infants. The RERC must also research technologies for use in the home, at technologies by people with disabilities. and develop technologies that will school, and in the community by Specifically, the commenter improve individuals’ access to graphical individuals with vision loss of all ages. recommended that the priority require information, signage, and travel Discussion: NIDRR agrees that the the development of access solutions that information and devices and appliances RERC’s work should address the needs are built into wireless technologies or that have digital displays and control of individuals with low vision and that allow third parties to provide low- panels. In addition, the RERC must blindness of all ages and in all settings. cost access solutions for those research and develop technologies to The Low Vision and Blindness priority technologies. promote the participation of individuals states that the RERC must research and Discussion: Nothing in the priority with low vision and blindness in develop technologies that will improve precludes applicants from proposing science, technology, engineering, and the assessment of low vision and research and development projects that mathematics (STEM) education. blindness and promote independence focus on low- or no-cost access Regarding participation in STEM for individuals with low vision and solutions for wireless technologies, education, these technologies include blindness of all ages. Within the broad including built-in or third-party but are not limited to accessible requirements of the priority, applicants solutions. However, NIDRR does not scientific measurement instruments, are free to focus their research and have a sufficient basis for requiring all tools, and materials. development towards finding solutions applicants to do so. NIDRR does not Priority 2—RERC on Wireless that benefit subpopulations in settings, want to limit applicants’ ability to Technologies. inside and outside of the classroom, propose other important research and The Assistant Secretary for Special where they see the greatest need. development approaches and projects Education and Rehabilitative Services Changes: None. by requiring all applicants to focus their establishes a priority for a Rehabilitation

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Engineering Research Center (RERC) on policies, guidelines, and standards that meet the priority (34 CFR Wireless Technologies. Under this related to its designated priority 75.105(c)(3)). priority, the RERC must research, research area. Competitive preference priority: develop, and evaluate innovative (6) Increased transfer of RERC- Under a competitive preference priority, technologies and products that facilitate developed technologies to the we give competitive preference to an the use of wireless technologies for marketplace. The RERC must contribute application by (1) Awarding additional individuals with disabilities. The RERC to this outcome by developing and points, depending on the extent to must research and develop wireless implementing a plan for ensuring that which the application meets the priority hardware and software that will meet all technologies developed by the RERC (34 CFR 75.105(c)(2)(i)); or (2) selecting the needs, promote independence, and are made available to the public. The an application that meets the priority improve the quality of life and technology transfer plan must be over an application of comparable merit community participation of individuals developed in the first year of the project that does not meet the priority (34 CFR with disabilities. The RERC must also period in consultation with the NIDRR- 75.105(c)(2)(ii)). work with and provide information to funded Disability Rehabilitation Invitational priority: Under an relevant Federal agencies, designers, Research Project, Center on Knowledge invitational priority, we are particularly and manufacturers regarding barriers to Translation for Technology Transfer. interested in applications that meet the and methods for facilitating the use of In addition, under each priority, the priority. However, we do not give an wireless technologies by individuals RERC must— application that meets the priority a with disabilities. • Have the capability to design, build, preference over other applications (34 and test prototype devices and assist in CFR 75.105(c)(1)). Requirements Applicable to Both the technology transfer and knowledge This notice does not preclude us from Priorities translation of successful solutions to proposing additional priorities, A RERC established under either of relevant production and service delivery requirements, definitions, or selection the proposed priorities in this notice settings; criteria, subject to meeting applicable must be designed to contribute to the • Evaluate the efficacy and safety of rulemaking requirements. following outcomes: its new products, instrumentation, or Note: This notice does not solicit (1) Increased technical and scientific assistive devices; applications. In any year in which we choose knowledge relevant to its designated • Provide as part of its proposal, and to use one or more of these priorities, we priority research area. The RERC must then implement, a plan that describes invite applications through a notice in the contribute to this outcome by how it will include, as appropriate, Federal Register. conducting high-quality, rigorous individuals with disabilities or their Executive Order 12866: This notice research and development projects. representatives in all phases of its has been reviewed in accordance with (2) Increased innovation in activities, including research, Executive Order 12866. Under the terms technologies, products, environments, development, training, dissemination, of the order, we have assessed the performance guidelines, and monitoring and evaluation; potential costs and benefits of this final and assessment tools applicable to its • Provide as part of its proposal, and regulatory action. designated priority research area. The then implement, in consultation with The potential costs associated with RERC must contribute to this outcome the NIDRR-funded National Center for this final regulatory action are those through the development and testing of the Dissemination of Disability resulting from statutory requirements these innovations. Research, a plan to disseminate its and those we have determined as (3) Improved research capacity in its research results to individuals with necessary for administering this designated priority research area. The disabilities and their representatives, program effectively and efficiently. RERC must contribute to this outcome disability organizations, service In assessing the potential costs and by collaborating with the relevant providers, professional journals, benefits—both quantitative and industry, professional associations, manufacturers, and other interested qualitative—of this final regulatory institutions of higher education, health parties; action, we have determined that the care providers, or educators, as • Conduct a state-of-the-science benefits of the final priorities justify the appropriate. conference on its designated priority costs. (4) Improved awareness and research area in the fourth year of the Summary of potential costs and understanding of cutting edge project period, and publish a benefits: The benefits of the Disability developments in technologies within its comprehensive report on the final and Rehabilitation Research Projects designated priority research area. The outcomes of the conference in the fifth and Centers Programs have been well RERC must contribute to this outcome year of the project period; and established over the years in that similar by identifying and communicating with • Coordinate research projects of projects have been completed NIDRR, individuals with disabilities mutual interest with relevant NIDRR- successfully. These final priorities will and their representatives, disability funded projects, as identified through generate new knowledge through organizations, service providers, consultation with the NIDRR project research and development. Another professional journals, manufacturers, officer. benefit of these final priorities is that and other interested parties regarding the establishment of new RERCs will trends and evolving product concepts Types of Priorities improve the lives of individuals with related to its designated priority When inviting applications for a disabilities. The new RERCs will research area. competition using one or more generate and promote the use of new (5) Increased impact of research in the priorities, we designate the type of each technologies and information that will designated priority research area. The priority as absolute, competitive improve the options for individuals RERC must contribute to this outcome preference, or invitational through a with disabilities with regard to by providing technical assistance to notice in the Federal Register. The community living and community relevant public and private effect of each type of priority follows: participation. organizations, individuals with Absolute priority: Under an absolute Accessible Format: Individuals with disabilities, employers, and schools on priority, we consider only applications disabilities can obtain this document in

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an accessible format (e.g., braille, large appropriate, can be found at: http:// Counsel David Anderson, clarifying that print, audiotape, or computer diskette) www2.ed.gov/policy/speced/guid/idea/ it would be inconsistent with the IDEA on request to the Grants and Contracts index.html. for a State to adopt a regulation Services Team, U.S. Department of FOR FURTHER INFORMATION CONTACT: suspending the timeline for convening a Education, 400 Maryland Avenue, SW., Jessica Spataro or Mary Louise Dirrigl. resolution session when the State room 5075, PCP, Washington, DC Telephone: (202) 245–7468. receives a complaint shortly before or 20202–2550. Telephone: (202) 245– If you use a telecommunications during the LEA’s winter break. 7363. If you use a TDD, call the FRS, toll device for the deaf (TDD), you can call Topic Addressed: Finality Of Due free, at 1–800–877–8339. the Federal Relay Service (FRS), toll Process Hearing Decisions. Æ Electronic Access to This Document: free, at 1–800–877–8339. Letter dated October 20, 2010 to The official version of this document is Individuals with disabilities can District of Columbia Acting State the document published in the Federal obtain a copy of this list and the letters Superintendent of Education Beth H. Register. Free Internet access to the or other Departmental documents Colleye, regarding requests for official edition of the Federal Register described in this list in an accessible reconsideration of final due process and the Code of Federal Regulations is format (e.g., braille, large print, hearing decisions. available via the Federal Digital System audiotape, or computer diskette) by Æ Letter dated October 28, 2010 to at: http://www.gpo.gov/fdsys. At this contacting Jessica Spataro or Mary Maryland attorney Matthew Scott site you can view this document, as well Louise Dirrigl at (202) 245–7468. Weiner, regarding requests for as all other documents of this SUPPLEMENTARY INFORMATION: The reconsideration of final due process Department published in the Federal following list identifies correspondence hearing decisions. Register, in text or Adobe Portable from the Department issued from Document Format (PDF). To use PDF Part C—Infants and Toddlers With October 1, 2010 through December 31, Disabilities you must have Adobe Acrobat Reader, 2010. Included on the list are those which is available free at the site. letters that contain interpretations of the Section 639—Procedural Safeguards You may also access documents of the requirements of the IDEA and its Topic Addressed: Access To Records. Department published in the Federal implementing regulations, as well as Æ Letter dated October 13, 2010 to Register by using the article search letters and other documents that the Florida Department of Health Early feature at: http:// Department believes will assist the Steps Program Part C Coordinator Lynne www.federalregister.gov. Specifically, public in understanding the Marie Price, regarding whether a State through the advanced search feature at requirements of the law and its must provide parents with a copy of a this site, you can limit your search to regulations. The date of and topic test protocol that contains personally documents published by the addressed by each letter are identified, identifiable information about their Department. and summary information is also child as part of their child’s Part C IDEA Dated: June 21, 2011. provided, as appropriate. To protect the records. Alexa Posny, privacy interests of the individual or Other Letters That Do Not Interpret Idea Assistant Secretary for Special Education and individuals involved, personally Rehabilitative Services. identifiable information has been But May Be of Interest to Readers [FR Doc. 2011–15932 Filed 6–23–11; 8:45 am] redacted, as appropriate. Topic Addressed: Harassment And BILLING CODE 4000–01–P Bullying. Part B—Assistance for Education of All Æ Dear Colleague Letter dated October Children With Disabilities 26, 2010 from Office for Civil Rights DEPARTMENT OF EDUCATION Section 614—Evaluations, Eligibility Assistant Secretary Russlynn Ali, Determinations, Individualized regarding bullying and harassment, List of Correspondence Education Programs, And Educational including disability harassment. AGENCY: Office of Special Education and Placements Electronic Access to This Document: Rehabilitative Services; Department of Topic Addressed: Individualized The official version of this document is Education. Education Programs. the document published in the Federal ACTION: List of Correspondence from Æ Letter dated December 16, 2010 to Register. Free Internet access to the October 1, 2010 through December 31, individual (personally identifiable official edition of the Federal Register 2010. information redacted), responding to and the Code of Federal Regulations is concerns about the use of seclusion and available via the Federal Digital System SUMMARY: The Secretary is publishing restraint with students with disabilities at: http://www.gpo.gov/fdsys. At this the following list pursuant to section in schools. site you can view this document, as well 607(f) of the Individuals with as all other documents of this Disabilities Education Act (IDEA). Section 615—Procedural Safeguards Department published in the Federal Under section 607(f) of the IDEA, the Topic Addressed: Impartial Due Register, in text or Adobe Portable Secretary is required, on a quarterly Process Hearings. Document Format (PDF). To use PDF basis, to publish in the Federal Register Æ Letter dated October 4, 2010 to you must have Adobe Acrobat Reader, a list of correspondence from the U.S. School Law Center, LLC attorneys Amy which is available free at the site. Department of Education (Department) Goetz and Atlee Reilly, clarifying that You may also access documents of the received by individuals during the the IDEA does not prevent a parent Department published in the Federal previous quarter that describes the whose child changes school districts Register by using the article search interpretations of the Department of the from filing a timely due process feature at: http:// IDEA or the regulations that implement complaint against a local educational www.federalregister.gov. Specifically, the IDEA. This list and the letters or agency (LEA) where the child through the advanced search feature at other Departmental documents previously attended school. this site, you can limit your search to described in this list, with personally Æ Letter dated November 10, 2010 to documents published by the identifiable information redacted, as Texas Education Agency General Department.

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(Catalog of Federal Domestic Assistance covered by this notice with the Chair of SUPPLEMENTARY INFORMATION: Number 84.027, Assistance to States for the Senate Committee on Homeland Introduction Education of Children with Disabilities) Security and Governmental Affairs, the Dated: June 21, 2011. Chair of the House Committee on The Privacy Act of 1974 (5 U.S.C. Alexa Posny, Oversight and Government Reform, and 552a(e)(4) and (11)) requires the Assistant Secretary for Special Education and the Administrator of the Office of Department to publish in the Federal Rehabilitative Services. Information and Regulatory Affairs, Register this notice of an altered system of records. The Department’s regulations [FR Doc. 2011–15922 Filed 6–23–11; 8:45 am] Office of Management and Budget implementing the Privacy Act are in the BILLING CODE 4000–01–P (OMB), on June 20, 2011. This altered system of records will become effective Code of Federal Regulations (CFR), in 34 at the later date of: (1) The expiration of CFR part 5b. DEPARTMENT OF EDUCATION the 40-day period for OMB review on The Privacy Act applies to July 30, 2011; or (2) July 25, 2011, information about an individual that is Privacy Act of 1974; System of unless the system of records needs to be maintained in a system of records from Records changed as a result of public comment which information is retrieved by a or OMB review. unique identifier associated with each AGENCY: Federal Student Aid, U.S. individual, such as a name or Social ADDRESSES: Department of Education. Address all comments about Security number (SSN). The information the proposed routine uses in this altered ACTION: Notice of an altered system of about each individual is called a system of records to: Director, NSLDS records. ‘‘record,’’ and the system, whether Systems, Operations and Aid Delivery manual or computer-based, is called a SUMMARY: In accordance with the Management Services, FSA, U.S. ‘‘system of records.’’ The Privacy Act Privacy Act of 1974, as amended Department of Education, Union Center requires each agency to publish a notice (Privacy Act), 5 U.S.C. 552a, the Chief Plaza (UCP), 830 First Street, NE., room of a new or altered system of records in Operating Officer for Federal Student 44E3, Washington, DC 20202–5454. the Federal Register and to prepare, Aid (FSA) of the Department of Telephone: 202–377–3547. If you prefer whenever the agency publishes a new Education (Department) publishes this to send comments by e-mail, use the system of records or makes a significant notice proposing to revise the system of following address: [email protected]. change to an established system of records entitled ‘‘National Student Loan You must include the term ‘‘NSLDS records, a report to the Chair of the Data System (NSLDS)’’ (18–11–06), comments’’ in the subject line of your Committee on Oversight and originally published on December 27, electronic message. Government Reform of the House of 1999 (64 FR 72395–72397) and altered During or after the comment period, Representatives, the Chair of the on September 7, 2010 (75 FR 54331– you may inspect all public comments Committee on Homeland Security and 54336). about this notice in room 44D2, UCP, Governmental Affairs of the Senate, and In this notice, the Department 4th floor, 830 First Street, NE., the Administrator of the Office of proposes to revise this system of records Washington, DC 20202–5454 between Information and Regulatory Affairs, to make updates needed as a result of the hours of 8 a.m. and 4:30 p.m., OMB. amendments to the Program Integrity Eastern Time, Monday through Friday A system of records is considered regulations that apply to institutions of each week except Federal holidays. ‘‘altered’’ whenever an agency expands that participate in the Federal student Assistance to Individuals With the types or categories of information financial aid programs under title IV of Disabilities in Reviewing the maintained, significantly expands the the Higher Education Act of 1965, as Rulemaking Record types or categories of individuals about amended (HEA) that will impose new whom records are maintained, changes requirements on certain programs that On request, we will supply an the purpose for which the information prepare students for gainful appropriate accommodation or auxiliary is used, changes the equipment employment in a recognized aid to an individual with a disability configuration in a way that creates occupation. As a result of these who needs assistance to review the substantially greater access to the regulatory changes, we have expanded comments or other documents in the records, or adds a routine use disclosure the categories of records maintained in public rulemaking record for this notice. to the system. This system of records this system, the categories of If you want to schedule an appointment was first published in the Federal individuals covered by the system, the for this type of accommodation or Register on December 27, 1999 (64 FR system’s purposes, and the routine uses auxiliary aid, please contact the person 72395–97), and altered on September 7, FOR FURTHER INFORMATION to reflect needed programmatic listed under 2010 (75 FR 54331–54336), and a disclosures. We also have expanded the CONTACT. number of changes are needed to update authority under which the system of FOR FURTHER INFORMATION CONTACT: and accurately describe the current records is maintained to include the Director, NSLDS Systems, Operations system of records. authority under sections 101, 102, 485, and Aid Delivery Management Services, This system of records will facilitate and 485B of the HEA (20 U.S.C. 1001, FSA, U.S. Department of Education, the Secretary of Education’s 1002, 1092, and 1092b) to collect data UCP, 830 First Street, NE., Washington, performance of statutory duties to to determine whether an educational DC 20202–5454. Telephone: 202–377– prescribe standards and procedures program provides training to prepare 3547. If you use a telecommunications under sections 101, 102, 485, and 485B students for gainful employment in a device for the deaf (TDD), call the of the HEA (20 U.S.C. 1001, 1002, 1092, recognized occupation. Federal Relay Service (FRS), toll free, at and 1092b) (including relevant The Department seeks comments on 1–800–877–8339. Individuals with definitions) that require all eligible the proposed routine uses in the altered disabilities can obtain this document in institutions to report programmatic system of records notice on or before an accessible format (e.g., braille, large information for disclosure to students. July 25, 2011. print, audiotape or computer diskette) This system of records will also allow The Department filed a report on request to the contact person listed institutions, lenders, and guaranty describing the altered system of records under this section. agencies to report information on all

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aspects of loans and grants made under employment program is successfully and the conditions under which those title IV of the HEA in uniform formats, preparing students who complete the programs remain eligible for title IV, in order to permit the direct comparison program to be gainfully employed and HEA program funds. of data submitted by individual making this data available to the Electronic Access to This Document: institutions, lenders, servicers, or institution. Additional purposes for the The official version of this document is guaranty agencies. information maintained in this system the document published in the Federal The notice describes an expansion of relating to the Department’s oversight Register. Free Internet access to the the type of information maintained in and administration of programs under official edition of the Federal Register the system. Additional data will be title IV of the HEA are: To capture data and the Code of Federal Regulations is collected from institutions with to support compliance and to obtain and available via the Federal Digital System programs of study that prepare students distribute performance metrics related at: http://www.gpo.gov/fdsys. At this for gainful employment in a recognized to gainful employment programs and to site you can view this document, as well occupation. Institutions will report provide data for program oversight and as all other documents of this required information both on students strategic decision-making in the Department published in the Federal who begin a gainful employment administration of these programs. Register, in text or Adobe Portable program and other information on Finally, the notice proposes to expand Document Format (PDF). To use PDF students who complete these programs. the current programmatic routine use you must have Adobe Acrobat Reader, Through the collection of this data, the disclosures needed to carry out which is available free at the site. information will be used to evaluate the responsibilities under the HEA. First, You may also access documents of the effectiveness of gainful employment the notice proposes to expand current Department published in the Federal programs. programmatic routine use 1(a) to Register by using the article search The notice also expands the categories indicate that the Department may feature at: http:// of individuals covered by the system. disclose records to the applicant, www.federalregister.gov. Specifically, The system contains records on guaranty agencies, educational through the advanced search feature at identifiers for students (both title IV, institutions, financial institutions and this site, you can limit your search to HEA recipients and students who do not servicers, and to Federal and State documents published by the receive title IV aid) who begin programs agencies to assist with the Department. of study during an award year in a determination of institutional program program that prepares students for eligibility. Second, the Department Dated: June 20, 2011. gainful employment in a recognized proposes to add new programmatic James Runcie, occupation. The system also contains routine use 1(c) to permit the Acting Chief Operating Officer, Federal records on students who complete a Department to disclose information Student Aid. program that prepares students for from the system to institutions in order For the reasons discussed in the gainful employment in a recognized to obtain data on and to report on: (i) preamble, the Chief Operating Officer, occupation. Students in a gainful employment Federal Student Aid, of the U.S. The notice also expands the authority program and whether these students Department of Education (Department), under which the system of records is complete the program or matriculate to publishes a notice of an altered system maintained to include the authority a higher credentialed program at the of records to read as follows: under sections 101, 102, and 485 of the same institution or at another SYSTEM NUMBER: HEA (20 U.S.C. 1001, 1002, and 1092) institution; (ii) the amounts that to collect data to determine whether the students who complete a gainful 18–11–06. educational program provides training employment program borrow in private SYSTEM NAME: to prepare students for gainful educational loans and receive from employment in a recognized institutionally provided financing plans, National Student Loan Data System occupation. The notice also expands the as well as the total number of students (NSLDS). system’s purposes. Additional purposes enrolled in each gainful employment SECURITY CLASSIFICATION: for the information maintained in this program at an institution at the end of None. system relating to institutions the award year; and (iii) median loan participating in and administering debt incurred by students who complete SYSTEM LOCATION: programs under title IV of the HEA are a gainful employment program. Dell Perot Systems, 2300 West Plano to obtain data on and to report on (i) This altered system of records better Parkway, Plano, TX 75075–8247. (This Students in a gainful employment reflects the current programmatic is the computer center for the NSLDS program and whether these students routine use disclosures needed by FSA Application Virtual Data Center.) complete the program or matriculate to to establish applicant eligibility, as Iron Mountain, P.O. Box 294317, a higher credentialed program at the required under the HEA, and to Lewisville, Texas 75029–4317. (This is same institution or at another determine whether for-profit the location where back-up tapes for institution, (ii) the amounts that institutions and occupationally specific NSLDS are maintained.) students who complete a gainful training at other institutions lead to employment program borrow in private gainful employment in a recognized CATEGORIES OF INDIVIDUALS COVERED BY THE educational loans and receive from occupation. Collectively, these revisions SYSTEM: institutionally provided financing plans, will enhance the ability of the Secretary This system contains records on as well as the total number of students to collect and maintain information on borrowers under the title IV, Higher enrolled in each gainful employment loans made, insured, or guaranteed Education Act of 1965, as amended program at an institution at the end of under Part B of title IV of the HEA, and (HEA) loan programs. This system the award year, and (iii) the median loans made under Parts D and E of title contains records on borrowers who have loan debt incurred by students who IV of the HEA; and to establish applied for and received loans under the complete a gainful employment measures for determining whether William D. Ford Federal Direct Loan program, for the purposes of certain programs lead to gainful (Direct Loan) Program, the Federal establishing whether a particular gainful employment in recognized occupations Family Education Loan (FFEL) Program,

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the Federal Insured Student Loan (FISL) Education identification number (OPEID Ensured Continued Access to Student Program, and the Federal Perkins Loan number) of the institution where the Loan Act of 2008 (ECASLA), including Program (including National Defense student began a program of study that the collection of: ECASLA loan-level Student Loans, National Direct Student prepares students for gainful funding amounts, dates of ECASLA Loans, and Perkins Expanded Lending employment in a recognized occupation participation for financial institutions, and Income Contingent Loans) (Perkins pursuant to sections 1001 and 1002 of dates and amounts of loans sold to the Loans). The NSLDS also contains the HEA (‘‘gainful employment Department under ECASLA, and the records on recipients of Federal Pell program’’), the Classification of amount of loans funded by the Grants, Academic Competitiveness Instructional Program (CIP) code for the Department’s programs but repurchased Grants (ACG), National Science and program in which the student enrolled, by the lender. Mathematics Access to Retain Talent and if the student completed the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (National SMART) Grants, and Teacher program, the completion date, and CIP Education Assistance for College and The authority under which the system code of the completed program, the is maintained includes sections 101, Higher Education (TEACH) Grants, the level of study, the amount of the Iraq and Afghanistan Service Grants, as 102, 485, and 485B of the HEA student’s private educational loan debt, (20 U.S.C. 1001, 1002, 1092, and well as on persons who owe an the amount of institutionally provided overpayment on a Federal Pell Grant, an 1092B). The collection of SSNs of financing owed by the student, whether borrowers who are covered by this ACG Grant, a National SMART Grant, a the student matriculated to a higher Federal Supplemental Educational system is authorized by 31 U.S.C. 7701 credentialed program at the same and Executive Order 9397 (November Opportunity Grant (FSEOG), Iraq and institution or another institution, Afghanistan Service Grant, or a Federal 22, 1943), as amended by Executive aggregated income information on Order 13478 (November 18, 2008). Perkins Loan. NSLDS contains student graduates of the particular gainful enrollment information for those who employment program, and the median PURPOSE(S): have received an FFEL Loan, an FISL loan debt incurred by students who The information contained in this Loan, a Direct Loan, or a Perkins Loan. completed the gainful employment system is maintained for the following NSLDS contains Master Conduit Loan program; (4) student demographic purposes relating to students and Program Data, Master Loan Participation information such as dependency status, borrowers: (1) To determine student/ Program (LPP) Data, and loan-level citizenship, veteran status, marital borrower eligibility for title IV, HEA detail on FFEL Subsidized, status, gender, income and asset programs by NSLDS pre- and post- Unsubsidized, and PLUS loans funded information, expected family screening processes; (2) to report through those programs. The system contribution, and address; (5) changes in student/borrower enrollment also contains records on students (both information provided by the parent(s) of status and enrollment in programs title IV, HEA recipients and students a dependent recipient, including, but subject to the Program Integrity who do not receive title IV aid) who, not limited to: name, date of birth, SSN, regulations published in the Federal during an award year, begin attendance marital status, e-mail address, highest Register on October 29, 2010 (75 FR in a program that is at least one- academic-year training program that level of schooling completed, and 66832) that address gainful employment leads to a certificate, or other non- income and asset information; (6) reporting via the Gainful Employment degree recognized credential and that information about the spousal income Reporting Process; (3) to track loan prepares students for gainful and asset information of a married borrowers and students who owe grant employment in a recognized borrower who is repaying a title IV, overpayment amounts (debtors); (4) to occupation, or who begin an eligible HEA loan under an income-based provide an Exit Counseling tool for program provided by a proprietary repayment plan; (7) Federal Pell Grant, Teach Grants, FFEL, and Direct Loan institution of higher education or a ACG Grant, National SMART Grant, programs that provides various postsecondary vocational institution. TEACH Grant, and Iraq and Afghanistan calculators, requires students to The system also contains records on Service Grant amounts and dates of complete a quiz to ensure students who complete a program that disbursement; (8) Federal Pell Grant, understanding of their repayment prepares students for gainful ACG Grant, National SMART Grant, Iraq obligations, and collects information to employment in a recognized and Afghanistan Service Grant, FSEOG, assist in the activity of skip-tracing for occupation. and Federal Perkins Loan Program loan holders; (5) to provide Web-based overpayment amounts; (9) demographic access for borrowers/students to their CATEGORIES OF RECORDS IN THE SYSTEM: and contact information on the guaranty loan, grant, and enrollment data; (6) to Records in NSLDS include, but are agency that guarantees the borrower’s maintain information on the status of not limited to: (1) Borrower identifier FFEL loan and the lender(s), holder(s), student loans; (7) to maintain information including Social Security and servicer(s) of the borrower’s loan(s); information on Federal Pell, ACG, Number (SSN), name, date of birth, and (10) NSLDS user profiles that include National SMART, TEACH, and Iraq and driver’s license; (2) information on the name, SSN, date of birth, employer, and Afghanistan Service Grant awards to borrower’s loan(s) covering the period NSLDS user name; (11) information students; and (8) to provide borrowers from the origination of the loan through concerning the date of any default on and NSLDS users with loan refund/ final payment, cancellation, loans and the aggregated loan data to cancellation details. The information consolidation, discharge, or other final support cohort default rate calculations maintained in this system is also disposition including details such as for educational institutions, financial maintained for the following purposes loan amount, disbursements, balances, institutions, and guaranty agencies; (12) relating to institutions participating in loan status, collections, claims, pre- and post-screening results used to and administering the title IV, HEA deferments, refunds, and cancellations; determine a student or parent’s aid programs: (1) To permit Department (3) student identifiers including the eligibility; and, (13) information on staff, Department contractors, guaranty student’s SSN, date of birth, and name, financial institutions participating in agencies, eligible lenders, and eligible student enrollment information the loan participation and sale programs institutions of higher education to verify including the Office of Postsecondary established by the Department under the the eligibility of a student, potential

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student, or parent for loans; (2) to and the median loan debt incurred by (b) To support default rate provide student aggregate loan students who complete a gainful calculations and/or provide information calculations to educational institutions; employment program, for the purposes on borrowers’ current loan status, the (3) to track loan transfers from one of establishing whether a particular Department may disclose records to entity to another; (4) to determine gainful employment program is guaranty agencies, educational default rates for educational successfully preparing students who institutions, financial institutions, institutions, guaranty agencies, and complete the program to be gainfully servicers, and State agencies; lenders; (5) to prepare electronic employed and making this information (c) To obtain data on and to report on financial aid histories on students or available to the institution. The students enrolled in a gainful borrowers for educational institutions, information maintained in this system is employment program, students who guaranty agencies, Department staff, and also maintained for the following complete a gainful employment Department contractors; (6) to alert purposes relating to the Department’s program, information on the amounts of educational institutions of changes in oversight and administration of the title private educational loans and financial aid eligibility of students via IV, HEA programs: (1) To assist audit institutionally provided financing plans the Transfer Student Monitoring and program review planning; (2) to that students have incurred as a result process; (7) to assist Department staff, support research studies and policy of completing their gainful employment Department contractors and agents, development; (3) to conduct budget program, whether students in a gainful guaranty agencies, educational analysis and program review planning; employment program matriculate to a institutions, lenders, and servicers in (4) to provide information that supports higher credentialed program at the same collecting debts arising from receipt of the Department’s compliance with the institution or another institution, the title IV, HEA funds; (8) to assess title IV, Federal Credit Reform Act of 1990, as total number of students in each gainful HEA program administration of amended (CRA); (5) to ensure only employment program at an institution at guaranty agencies, educational authorized users access the database the end of the award year, and the institutions, lenders, and servicers; (9) and to maintain a history of the student/ median debt incurred by students who to display organizational contact borrower information reviewed; (6) to complete a gainful employment information provided by educational track the Department’s interest in loans program, the Department may disclose institutions, guaranty agencies, lenders, funded through ECASLA; (7) to track records to educational institutions; (d) To provide financial aid history and servicers; (10) to provide reporting TEACH grants that have been converted information to aid in their capabilities for educational institutions, to loans; (8) to track eligibility for and administration of title IV, HEA guaranty agencies, lenders, and participation in Public Service Loan programs, the Department may disclose servicers for use in title IV, HEA Forgiveness; (9) to capture data to records to financial aid professionals, administrative functions and for the support compliance and to obtain and guaranty agencies, loan holders, or Department for use in oversight and distribute performance metrics related to gainful employment programs; and servicers; compliance; (11) to provide financial (e) To support auditors and program institutions, servicers, Department staff, (10) to provide data for program oversight and strategic decision-making reviewers in planning and carrying out and Department contractors with their assessments of title IV, HEA contact information on loan holders for in the administration of higher education programs. program compliance, the Department use in the collection of loans; (12) to may disclose records to guaranty provide schools and servicers with ROUTINE USES OF RECORDS MAINTAINED IN THE agencies, educational institutions, information to resolve overpayments of SYSTEM, INCLUDING CATEGORIES OF USERS AND financial institutions and servicers, and Pell, ACG, National SMART, TEACH, THE PURPOSES OF SUCH USES: to Federal, State, and local agencies; Iraq and Afghanistan Service Grants, The Department may disclose (f) To support governmental and FSEOG grants; (13) to assist information contained in a record in researchers and policy analysts, the Department staff, contractors, guaranty this system of records under the routine Department may disclose records to agencies, and the Department of Justice uses listed in this system of records Federal, State, and local agencies using in the collection of debts owed to the notice without the consent of the safeguards for system integrity and Department under title IV of the HEA; individual if the disclosure is ensuring compliance with the Privacy (14) to obtain data on and to report on compatible with the purposes for which Act; students in a gainful employment the record was collected. These (g) To support Federal budget analysts program and whether these students disclosures may be made on a case-by- in the development of budget needs and complete the program or matriculate to case basis or, if the Department has forecasts, the Department may disclose a higher credentialed program at the complied with the computer matching records to Federal and State agencies; same institution or at another institution requirements of the Privacy Act of 1974, (h) To assist in locating holders of for the purposes of establishing whether as amended, under a computer loan(s), the Department may disclose a particular gainful employment matching agreement. records to students/borrowers, guaranty program is successfully preparing (1) Program Disclosures. agencies, educational institutions, students who complete the program to The Department may disclose records financial institutions and servicers, and be gainfully employed and making this for the following program purposes: Federal agencies; information available to the institution; (a) To verify the identity of the (i) To assist analysts in assessing title and (15) to obtain information on and to applicant involved, the accuracy of the IV, HEA program administration by report on the amounts that students who record, or to assist with the guaranty agencies, educational complete a gainful employment program determination of program eligibility and institutions, and financial institutions borrow in private educational loans and benefits, as well as institutional program and servicers, the Department may receive from institutionally provided eligibility, the Department may disclose disclose records to Federal and State financing plans, as well as the total records to the applicant, guaranty agencies; number of students enrolled in each agencies, educational institutions, (j) To assist loan holders in locating gainful employment program at an financial institutions and servicers, and borrowers, the Department may disclose institution at the end of the award year to Federal and State agencies; records to guaranty agencies,

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educational institutions, financial (i) The Department or any of its a Member of Congress in response to an institutions that hold an interest in the components; or inquiry from the Member made at the loan and their servicers, and to Federal (ii) Any Department employee in his written request of the individual whose agencies; or her official capacity; or records are being disclosed. The (k) To assist with meeting (iii) Any Department employee in his Member’s right to the information is no requirements under the CRA, the or her individual capacity where the greater than the right of the individual Department may disclose records to Department of Justice (DOJ) agrees to or who requested it. Federal agencies; has been requested to provide or arrange (8) Employment, Benefit, and (l) To assist program administrators for representation of the employee; or Contracting Disclosure. with tracking refunds and cancellations (iv) Any Department employee in his (a) For Decisions by the Department. of title IV, HEA loans, the Department or her individual capacity where the The Department may disclose a record may disclose records to guaranty Department has agreed to represent the to a Federal, State, or local agency agencies, educational institutions, employee; or maintaining civil, criminal, or other financial institutions and servicers, and (v) The United States, where the relevant enforcement or other pertinent to Federal and State agencies; Department determines that the records, or to another public authority (m) To enforce the terms of a loan, litigation is likely to affect the or professional organization, if assist in the collection of a loan, or Department or any of its components. necessary to obtain information relevant (b) Disclosure to the DOJ. If the assist in the collection of an aid to a Departmental decision concerning Department determines that disclosure overpayment, the Department may the hiring or retention of an employee of certain records to the DOJ is relevant disclose records to guaranty agencies, or other personnel action, the issuance and necessary to litigation or ADR, and loan servicers, educational institutions of a security clearance, the letting of a is compatible with the purpose for contract, or the issuance of a license, and financial institutions, to the which the records were collected, the grant, or other benefit. Department of Justice and private Department may disclose those records (b) For Decisions by Other Public counsel retained by the Department of as a routine use to the DOJ. Agencies and Professional Justice, and to other Federal, State, or (c) Adjudicative Disclosures. If the Organizations. The Department may local agencies; and Department determines that disclosure disclose a record to a Federal, State, (n) To assist the Department in of certain records to an adjudicative local, or other public authority or tracking loans funded under ECASLA, body before which the Department is professional organization, in connection the Department may disclose records to authorized to appear or to an individual with the hiring or retention of an Federal agencies. or entity designated by the Department employee or other personnel action, the (2) Disclosure for Use by Other Law or otherwise empowered to resolve or issuance of a security clearance, the Enforcement Agencies. The Department mediate disputes is relevant and reporting of an investigation of an may disclose information to any necessary to litigation or ADR, the employee, the letting of a contract, or Federal, State, or local or foreign agency Department may disclose those records the issuance of a license, grant, or other or other public authority responsible for as a routine use to the adjudicative benefit, to the extent that the record is enforcing, investigating, or prosecuting body, individual, or entity. relevant and necessary to the receiving violations of administrative, civil, or (d) Disclosure to Parties, Counsel, entity’s decision on the matter. criminal law or regulation if that Representatives, and Witnesses. If the (9) Employee Grievance, Complaint, information is relevant to any Department determines that disclosure or Conduct Disclosure. The Department enforcement, regulatory, investigative, of certain records is relevant and may disclose a record in this system of or prosecutorial responsibility within necessary to litigation or ADR, the records to another agency of the Federal the receiving entity’s jurisdiction. Department may disclose those records Government if the record is relevant to (3) Enforcement Disclosure. In the as a routine use to the party, counsel, one of the following proceedings event that information in this system of representative, or witness. regarding a present or former employee records indicates, either on its face or in (5) Freedom of Information Act of the Department: Complaint, connection with other information, a (FOIA) or Privacy Act Advice grievance, or disciplinary or violation or potential violation of any Disclosure. The Department may competency determination proceedings. applicable statute, regulation, or order disclose records to the DOJ or the Office The disclosure may only be made of a competent authority, the of Management and Budget (OMB) if the during the course of the proceeding. Department may disclose the relevant Department seeks advice regarding (10) Labor Organization Disclosure. records to the appropriate agency, whether records maintained in this The Department may disclose records whether foreign, Federal, State, tribal, or system of records are required to be from this system of records to an local, charged with the responsibility of disclosed under the FOIA or the Privacy arbitrator to resolve disputes under a investigating or prosecuting that Act. negotiated grievance procedure or to violation or charged with enforcing or (6) Contract Disclosure. If the officials of labor organizations implementing the statute, Executive Department contracts with an entity to recognized under 5 U.S.C. 71 when Order, rule, regulation, or order issued perform any function that requires relevant and necessary to their duties of pursuant thereto. disclosing records to the contractor’s exclusive representation. (4) Litigation and Alternative Dispute employees, the Department may (11) Disclosure to the DOJ. The Resolution (ADR) Disclosures. disclose the records to those employees. Department may disclose records to the (a) Introduction. In the event that one Before entering into such a contract, the DOJ to the extent necessary for of the following parties is involved in Department shall require the contractor obtaining DOJ advice on any matter litigation or ADR, or has an interest in to establish and maintain the safeguards relevant to an audit, inspection, or other litigation or ADR, the Department may required under the Privacy Act (5 U.S.C. inquiry related to the programs covered disclose certain records to the parties 552a(m)) with respect to the records in by this system. described in paragraphs (b), (c), and (d) the system. (12) Disclosure to the OMB for CRA of this routine use under the conditions (7) Congressional Member Disclosure. Support. The Department may disclose specified in those paragraphs: The Department may disclose records to records to OMB as necessary to fulfill

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CRA requirements. These requirements SAFEGUARDS: documentation. Requests to amend a currently include transfer of data on Physical access to this system housed record must meet the requirements of lender interest benefits and special within the Virtual Data Center is the Department’s Privacy Act allowance payments, defaulted loan controlled by a computerized badge regulations at 34 CFR 5b.7. balances, and supplemental pre-claims reading system, and the entire complex assistance payments information. is patrolled by security personnel RECORD SOURCE CATEGORIES: Information is obtained from guaranty (13) Disclosure in the Course of during non-business hours. The agencies, educational institutions, and Responding to Breach of Data. The computer system employed by the financial institutions and servicers, and Department may disclose records from Department offers a high degree of the Free Application for Federal Student this system to appropriate agencies, resistance to tampering and Aid completed by students and parents. entities, and persons when: (a) The circumvention. Multiple levels of Information is also obtained from other Department suspects or has confirmed security are maintained within the Department systems such as the Direct that the security or confidentiality of computer system control program. This Loan Servicing System (covered by the information in the system of records has security system limits data access to system of records entitled ‘‘Common been compromised; (b) the Department Department and contract staff on a Services for Borrowers’’); Debt has determined that as a result of the ‘‘need-to-know’’ basis, and controls Management Collection System suspected or confirmed compromise individual users’ ability to access and (covered by the system of records there is a risk of harm to economic or alter records within the system. All entitled ‘‘Common Servicers for property interests, identity theft or users of this system of records are given Borrowers’’); Common Origination and fraud, or harm to the security or a unique user ID with personal Disbursement System; Financial integrity of this system or other systems identifiers. All interactions by Management System; Student Aid or programs (whether maintained by the individual users with the system are Internet Gateway, Participant Department or another agency or entity) recorded. Management System (covered by the that rely upon the compromised RETENTION AND DISPOSAL: system of records entitled ‘‘Student Aid information; and (c) the disclosure made Records are retained for 15 years after Internet Gateway Enrollment’’); to such agencies, entities, and persons is an account is paid in full, and then Postsecondary Education Participants reasonably necessary to assist in destroyed in accordance with the System (covered by the system of connection with the Department’s Department’s records retention and records entitled ‘‘Postsecondary efforts to respond to the suspected or disposition schedule 051. Education Participants System’’); and confirmed compromise and prevent, Central Processing System (covered by minimize, or remedy such harm. SYSTEM MANAGER(S) AND ADDRESS: the system of records entitled ‘‘Federal Director, National Student Loan Data Student Aid Application File’’). DISCLOSURE TO CONSUMER REPORTING System, FSA, U.S. Department of AGENCIES: Education, UCP, 830 First Street, NE., EXEMPTIONS CLAIMED FOR THE SYSTEM: Disclosures pursuant to 5 U.S.C. 4th Floor, Washington, DC 20202–5454. None. 552a(b)(12): The Department may NOTIFICATION PROCEDURE: [FR Doc. 2011–15747 Filed 6–23–11; 8:45 am] disclose the following information to a BILLING CODE 4000–01–U consumer reporting agency regarding a If you wish to determine whether a valid overdue claim of the Department: record exists regarding you in this (1) The name, address, taxpayer system of records, contact the system DEPARTMENT OF ENERGY identification number, and other manager and provide your name, date of information necessary to establish the birth, SSN, and the name of the school or lender from which the loan or grant Intent To Prepare an Environmental identity of the individual responsible Impact Statement; Continued for the claim; (2) the amount, status, and was obtained. Requests for notification about whether the system of records Operation of the Department of history of the claim; and (3) the program Energy/National Nuclear Security under which the claim arose. The contains information about an individual must meet the requirements Administration Sandia National Department may disclose the Laboratories, NM information specified in this paragraph of the regulations at 34 CFR 5b.5, under 5 U.S.C. 552a(b)(12) and the including proof of identity. AGENCY: U.S. Department of Energy’s procedures contained in subsection RECORD ACCESS PROCEDURES: National Nuclear Security 31 U.S.C. 3711(e). A consumer reporting If you wish to gain access to a record Administration, DOE. agency to which these disclosures may in this system, contact the system ACTION: Notice of intent to prepare an be made is defined in 15 U.S.C. 1681a(f) manager and provide information as environmental impact statement and and 31 U.S.C. 3701(a)(3). described in the notification procedure. conduct public scoping meetings. Requests by an individual for access to POLICIES AND PRACTICES FOR STORING, a record must meet the requirements of SUMMARY: Pursuant to the National RETRIEVING, ACCESSING, RETAINING, AND Environmental Policy Act of 1969, as DISPOSING OF RECORDS IN THE SYSTEM: the regulations at 34 CFR 5b.5, including proof of identity. amended (42 U.S.C. 4321 et seq.) STORAGE: (NEPA), and the Council on CONTESTING RECORD PROCEDURES: Environmental Quality (CEQ) and the The records are maintained If you wish to contest the content of U.S. Department of Energy (DOE) electronically. a record in the system of records, you regulations implementing NEPA (40 must contact the system manager with CFR Parts 1500–1508 and 10 CFR Part RETRIEVABILITY: the information described in the 1021, respectively), the National In order for users to retrieve student/ notification procedures, identify the Nuclear Security Administration borrower information they must supply specific item(s) to be changed, and (NNSA), a semi-autonomous agency the student/borrower SSN, name, and provide a justification for the change, within DOE, announces its intention to date of birth. including any supporting prepare a site-wide environmental

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impact statement (SWEIS) (DOE/EIS– managers on and around KAFB, the U.S. energy, magnetic fusion, basic energy 0466) for the continued operation of Department of the Air Force and the sciences, supercomputing, and DOE/NNSA activities at Sandia National U.S. Department of Agriculture, Forest biological and environmental research. Laboratories, New Mexico (SNL/NM) on Service (USFS) have an inherent interest Additional activities include research Kirtland Air Force Base (KAFB) and in activities conducted onsite by NNSA; on energy and environmental within the Albuquerque area, as well as therefore DOE intends to request the technologies, other engineering other DOE activities at both on-site and participation of both the Air Force and research, and work for other government off-site locations (the NNSA Service the USFS as cooperating agencies. agencies. Center, the NNSA Office of Secure ADDRESSES: To submit comments on the SNL/NM occupies about 8,658 acres Transportation, NNSA Kirtland scope of the SWEIS, questions about the on and around KAFB in central New Operations, the NNSA Aviation Facility, document or scoping meetings, or to be Mexico, and is bordered on the north and the DOE National Training Center). included on the document distribution and west by the city of Albuquerque. The purpose of this notice is to invite list, please contact Jeanette Norte, The eastern boundary is USFS land and individuals, organizations, and NNSA Sandia Site Office, SWEIS the southern boundary is the Isleta government agencies and entities to Document Manager, P.O. Box 5400, Pueblo. SNL/NM operations are participate in developing the scope of Albuquerque, New Mexico 87185–5400; managed and operated for DOE/NNSA the SWEIS. The new SWEIS will local telephone (505) 845–4808 or out of under contract by the Sandia consider a No Action Alternative, which area toll free telephone number 1–855– Corporation, a wholly owned subsidiary is to continue current operations 766–4651; fax (505) 284–7197; or e-mail of the Lockheed Martin Corporation. through implementation of the 1999 address: [email protected]. The 1999 SNL/NM SWEIS examined existing and potential impacts to the Record of Decision (ROD) (64 FR 69996; FOR FURTHER INFORMATION CONTACT: For environment from ongoing and 12/15/99) and subsequent NEPA general information about the DOE anticipated future DOE/NNSA decisions. Three action alternatives NEPA process, please contact Carol M. operations conducted over proposed for consideration in the Borgstrom, Director, Office of NEPA SWEIS would be compared to the No approximately a 10-year period of time Policy and Compliance (GC–54), U.S. at SNL/NM and other DOE operations Action Alternative. The three action Department of Energy, 1000 alternatives would differ by either their on and around KAFB. The three Independence Avenue, SW., alternatives analyzed in the 1999 SNL/ type or level of operations and may Washington, DC 20585; e-mail: include proposals for new operations or NM SWEIS were: (1) The No Action [email protected]; telephone: 202– Alternative, to continue to operate at the the reduction or elimination of certain 586–4600, or leave a message at 1–800– operations. planned levels as reflected in DOE 472–2756; or fax: 202–586–7031. Management Plans for 1998 through DATES: NNSA invites comments on the Additional information regarding DOE 2008; (2) The Expanded Operations scope of this SWEIS. The public scoping NEPA activities is available on the Alternative, DOE’s preferred alternative, period starts with the publication of this Internet through the NEPA Web site at to operate at the highest levels notice and will continue until 45 days http://nepa.energy.gov. supported by then-current and new after publication in the Federal SUPPLEMENTARY INFORMATION: facilities, and (3) A Reduced Register. NNSA will consider all Background: SNL/NM is one of three Alternative, to operate at the minimum comments defining the scope of the national laboratories in NNSA’s nuclear level of activity while still maintaining SWEIS received or postmarked by this security enterprise. SNL/NM is a multi- core mission capabilities. DOE’s ROD, date. Comments received or postmarked disciplinary, multi-purpose national dated December 15, 1999, implemented after this date will be considered to the laboratory primarily engaged in work the Expanded Operations Alternative. extent practicable. NNSA will conduct that supports national security, In August 2006, DOE/NNSA public scoping meetings in homeland security initiatives, completed a 5-year review of the 1999 Albuquerque, New Mexico, scheduled environmental stewardship, and defense SNL/NM SWEIS with the preparation of as follows: research and development programs a Supplement Analysis (SA), Final • Tuesday, July 12, 2011—1–4 p.m., (R&D) for DOE/NNSA and other Supplement Analysis for the Site-Wide Hilton Albuquerque Hotel, 1901 government entities. Responsibilities in Environmental Impact Statement for University Boulevard Northeast, support of nuclear weapons activities Sandia National Laboratories, New Albuquerque, New Mexico. include design, certification, and Mexico (DOE/EIS–0281–SA–04). This • Tuesday, July 12, 2011—6–9 p.m., assessment of non-nuclear subsystems was done in accordance with DOE’s Hilton Albuquerque Hotel, 1901 of nuclear weapons; system integration; regulatory requirement to evaluate site- University Boulevard Northeast, safety, security, reliability, and use wide NEPA documents at least every Albuquerque, New Mexico. control of nuclear weapons; direction 5 years (10 CFR 1021.330) to determine • Wednesday, July 13, 2011—1–4 and support to production plants the adequacy of an existing EIS. Based p.m., Hilton Albuquerque Hotel, 1901 regarding issues associated with on the 2006 SA, DOE/NNSA determined University Boulevard Northeast, production and dismantlement of that there were no substantial changes Albuquerque, New Mexico. nuclear weapons; production and/or to the actions or impacts evaluated in • Wednesday, July 13, 2011—6–9 acquisition of weapons components; the SNL/NM SWEIS, and there were no p.m., Hilton Albuquerque Hotel, 1901 surveillance and support of weapons in significant new circumstances or University Boulevard Northeast, the stockpile; and work in nuclear information relevant to environmental Albuquerque, New Mexico. intelligence, nonproliferation, and treaty concerns; thus, the existing SNL/NM These scoping meetings will provide verification technologies. Nonweapons SWEIS was deemed adequate and the public with an opportunity to research and science services are neither a supplemental EIS nor a new present comments, ask questions, and provided in areas including waste EIS was required. discuss issues with NNSA officials management, environmental restoration, Purpose and Need: The purpose and regarding the SWEIS. Preparation of the hazardous and radioactive material need for agency action is to continue the SWEIS will require participation of transportation, energy efficiency and operation of SNL/NM to provide other Federal agencies. As land renewable energy, nuclear energy, fossil support for DOE’s core missions as

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directed by the Congress and the preparation of either an EA or an EIS: combined with either the Expanded President. SNL/NM supports NNSA (1) Environmental Assessment for the Operations Alternative or the Reduced national security objectives through the Microsystems and Engineering Sciences Operations Alternative. Any new engineering of nuclear weapon Applications Complex, DOE/EA–1335, renewable facilities/activities will be components and other nuclear and non- September 2000; (2) Final included in the analysis for the nuclear activities. In addition, SNL/NM Environmental Assessment for the Test Expanded Operations Alternative if they oversees DOE/NNSA national security Capabilities Revitalization at Sandia are reasonably foreseeable (i.e., related research, development, and National Laboratories, New Mexico, proposed within the next 5–10 years). testing programs and conducts extensive DOE/EA–1446, January 2003; (3) Final This SWEIS will analyze potential work for other federal agencies. Environmental Assessment for the impacts resulting from reasonably Proposed Action and Alternatives for Center for Integrated Nanotechnologies foreseeable operations and compare the SWEIS: In accordance with at Sandia National Laboratories, New these impacts to those projected in the applicable DOE and CEQ NEPA Mexico, DOE/EA–1457, March 2003; No-Action Alternative. The SWEIS will regulations, the No Action Alternative (4) Final Environmental Assessment for analyze projected impacts anticipated will be analyzed in the SWEIS and will the Proposed Consolidation of Neutron from operating SNL/NM and from other form the baseline for the other action Generator Tritium Target Loading DOE activities at both on-site and off- alternatives analyzed in the document. Production, DOE/EA–1532, June 2005; site locations. Direct and indirect, as In this case, the No Action Alternative (5) Final Environmental Assessment for well as unavoidable and irreversible and will be the continued implementation of the Expansion of Permitted Land and irretrievable, impacts to the the 1999 SNL/NM SWEIS ROD at SNL/ Operations at the 9940 Complex and environment of SNL/NM operations and NM over the next 5–10 years. The No Thunder Range at Sandia National other DOE activities at both on-site and Action Alternative will also include the Laboratories, New Mexico, DOE/EA– off-site locations will be identified and implementation of other decisions 1603, April 2008; (6) Final analyzed in the SWEIS. Where supported by separate NEPA analyses Environmental Assessment for the appropriate, mitigation strategies will completed since the issuance of the Removal Actions at the Technical Area also be analyzed in the SWEIS. Further, Final 1999 SNL/NM SWEIS. This III Classified Waste Landfill, Sandia an updated evaluation of SNL/NM includes four Supplement Analyses National Laboratories, New Mexico, operational and transportation accident resulting in the determination that DOE/EA–1729, August 2010; (7) Final analyses and a new assessment of further NEPA documentation was not Environmental Assessment for Proposed cumulative impacts associated with required, and one Environmental Impact Construction and Lease of New DOE/NNSA operations in Albuquerque Statement: (1) Supplement Analysis for Facilities for the Department of Energy, will also be included. DOE/NNSA the Final Site-Wide Environmental National Nuclear Security intends to re-evaluate the range of Impact Statement for Sandia National Administration, Office of Secure reasonable alternatives following public Laboratories, New Mexico to Transportation (Albuquerque scoping. Reestablishing Long-Term Pulse Mode Transportation and Technology Center) Preliminary Identification of Testing Capability at the Annular Core Albuquerque, New Mexico, U. S. Environmental Issues: DOE/NNSA Research Reactor (ACRR), Sandia General Services Administration, July proposes to address the issues listed National Laboratories, New Mexico 2006. These various documents can be below when considering the potential (ACRR Pulse Mode SA) (DOE/EIS–0281– reviewed at the DOE/NNSA Public impacts of each alternative. This list is SA–01); (2) Supplement Analysis for the Reading Room at Government presented to facilitate public comment Final Site-Wide Environmental Impact Information/Zimmerman Library, during the scoping period and will be Statement for Sandia National MSC05 3020, 1 University of New revisited as DOE/NNSA considers all Laboratories, New Mexico for Isentropic Mexico, Albuquerque, NM 87131–0001, scoping comments. It is not intended to Compression and Flyer Plate Tel: 505–277–5441, Fax: 505–277–6019; be comprehensive, or to imply any Experiments Involving Plutonium at the E-mail: [email protected]; Reading Room predetermination of impacts. • Potential effects on the public; Z and Saturn Accelerators (Pu-ICE SA) Web site: http://elibrary.unm.edu/doe; • Human health impacts resulting (DOE/EIS–0281–SA–02); (3) and on the Internet at: http:// from exposure to hazardous materials Supplement Analysis for the Final Site- nepa.energy.gov. under routine and reasonably Wide Environmental Impact Statement Three action alternatives will be foreseeable accident scenarios; for Sandia National Laboratories, New considered in the SWEIS: Expanded • Impacts on surface and Mexico for the Installation of a Petawatt Operations, Reduced Operations, and groundwater, and on water use and Laser System in TA–IV Petawatt Laser Renewable Energy Operations. All three quality; System SA) (DOE/EIS–0281–SA–03); (4) of these alternatives will be compared to • Impacts on air quality (including Sandia National Laboratories, New the No Action Alternative level of greenhouse gas emissions) and noise; Mexico Final Supplement Analysis for operations. The Expanded Operations • Impacts on plants and animals, and the Site-Wide Environmental Impact Alternative will consider the highest their habitats, including species that are Statement (2006 SNL/NM SWEIS SA) level of operations that can be Federal- or state-listed as threatened or (DOE/EIS–0281–SA–04); and (5) Final supported in existing facilities and endangered, or of special concern; Complex Transformation Supplemental potential new facilities. The Reduced • Impacts on geology and soil; Programmatic Environmental Impact Operations Alternative will consider an • Impacts on cultural resources such Statement (DOE/EIS–0235–S4) and its overall reduction in the level of as Native American sites and Cold War RODs (73 FR 77644 and 73 FR 77656). operations while maintaining core structures and archaeological resources; In addition, the following seven mission capabilities. The Renewable • Potential impacts from environmental assessments and their Energy Operations Alternative will transportation and traffic; associated Findings of No Significant consider renewable energy R&D and the • Socioeconomic impacts on Impacts will also be included in the No potential deployment of those potentially affected communities Action Alternative, as well as actions technologies on the SNL/NM; this including environmental justice issues, categorically excluded from the need for alternative or portions of it may be such as disproportionately high and

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adverse impacts to minority and low- SWEIS. Other persons who would like on a prosperous, low-carbon Europe and income populations; to receive a copy of the document for the Smart Grid, as well as activities of • Potential impacts on land use; review when it is issued should notify the Smart Grid, Energy Storage • Pollution prevention and waste Jeanette Norte at one of the addresses Technologies, and Transmission management practices and activities; provided previously. DOE/NNSA will Subcommittees. • Energy efficiency activities; include comments received on the draft Tentative Agenda: • Unavoidable adverse impacts and SWEIS in the final SWEIS. 8:30–8:45 a.m. Welcome and irreversible and irretrievable Introductions commitments of resources; Issued in Washington, DC, this 21st day of • Potential cumulative environmental June 2011. 8:45–9:15 a.m. U.S. Department of effects of past, present, and reasonably Thomas P. D’Agostino, Energy Priorities To Facilitate foreseeable future actions; Administrator, National Nuclear Security Development of the Nation’s Electric • The potential impacts of intentional Administration. Infrastructure destructive acts, including sabotage and [FR Doc. 2011–15951 Filed 6–23–11; 8:45 am] 9:15–10:45 a.m. Roadmap 2050: A Practical Guide to a Prosperous, Low- terrorism, which will be addressed in a BILLING CODE 6450–01–P classified appendix to the SWEIS. Carbon Europe: Presentation and SWEIS Process and Invitation To Discussion of Report by the European Comment: The SWEIS scoping process DEPARTMENT OF ENERGY Climate Foundation provides an opportunity for the public 10:45–11 a.m. Break to assist the DOE/NNSA in determining Electricity Advisory Committee 11–11:45 a.m. White House Grid Modernization Report: Presentation issues to be analyzed in the document. AGENCY: Office of Electricity Delivery Four public scoping meetings will be and Discussion of Report on Smart and Energy Reliability, Department of Grid held as noted under DATES in this Energy. Notice. The purpose of scoping 11:45–12 p.m. Smart Grid ACTION: Notice of open meeting. meetings is to provide attendees an Subcommittee: Discussion of opportunity to present comments, ask SUMMARY: This notice announces a Subcommittee Deliverables questions, and discuss concerns meeting of the Electricity Advisory 12–1:15 p.m. Lunch regarding the SWEIS with DOE/NNSA Committee (EAC). The Federal Advisory 1:15.–2:30 p.m. Presentation and officials. Comments and Committee Act (Pub. L. 92–463, 86 Stat. Discussion on Energy Storage recommendations can also be submitted 770) requires that public notice of this Technology Policy and Financial to Jeanette Norte as noted in this Notice meeting be announced in the Federal Development under ADDRESSES. The SWEIS scoping Register. 2:30–2:45 p.m. Energy Storage meetings will use a format to facilitate Technologies Subcommittee: DATES: dialogue between DOE/NNSA and the Tuesday, July 12, 2011, Discussion of Subcommittee public and will provide individuals the 8:30 a.m.–4:30 p.m. EDT. Deliverables opportunity to give written or oral ADDRESSES: National Rural Electric 2:45–3 p.m. Break statements. DOE/NNSA welcomes Cooperative Association, 4301Wilson 3–4:15 p.m. Transmission specific comments or suggestions on the Boulevard, Arlington, Virginia 22203. Subcommittee; Discussion of SWEIS process. Copies of written FOR FURTHER INFORMATION CONTACT: Subcommittee Deliverables comments and transcripts of oral David Meyer, Office of Electricity 4:15–4:30 p.m. Public Comments comments provided to DOE/NNSA Delivery and Energy Reliability, U.S. (Must register at time of check-in) during the scoping period will be Department of Energy, Forrestal 4:30 p.m. Adjourn available at the DOE Public Reading Building, Rm. 8G–024, 1000 The meeting agenda may change to Room at Government Information/ Independence Avenue, SW., accommodate committee business. For Zimmerman Library MSC05 3020, 1 Washington, DC 20585; telephone: (202) EAC agenda updates, see the Committee University of New Mexico, 586–3118; E-mail: Web site at: http://www.oe.energy.gov/ Albuquerque, NM 87131–0001, Tel: [email protected]. eac.htm. 505–277–5441 Fax: 505–277–6019 E- SUPPLEMENTARY INFORMATION: Public Participation: The meeting is mail: [email protected]; Reading Room Background: The Electricity Advisory open to the public. Members of the Web site: http://elibrary.unm.edu/doe; Committee (EAC) was re-established in public who wish to make oral and on the Internet at http:// July 2010 in accordance with the statements pertaining to agenda items www.doeal.gov/sso/eshqa.aspx. After provisions of the Federal Advisory should register to do so on the day of the close of the public scoping period, Committee Act (FACA), as amended, the meeting, Tuesday, July 12, 2011. DOE/NNSA will begin developing the 5 U.S.C, App. 2, to provide advice to the Approximately fifteen minutes will be draft SWEIS. DOE/NNSA expects to U.S. Department of Energy in reserved for public comments. Time issue the draft SWEIS for public review implementing the Energy Policy Act of allotted per speaker will depend on the and comment in 2012 for at least 60 2005, executing the Energy number who wish to speak but is not days following publication of the Independence and Security Act of 2007, expected to exceed three minutes. Environmental Protection Agency’s and modernizing the nation’s electricity Anyone who is not able to attend the Notice of Availability in the Federal delivery infrastructure. The Committee meeting, or for whom the allotted public Register. The Notice of Availability, is composed of individuals of diverse comments time is insufficient to address along with notices placed in local backgrounds selected for their technical pertinent issues with the EAC, is invited newspapers, will provide dates and expertise and experience, established to send a written statement to Mr. David locations for public hearings on the records of distinguished professional Meyer, Designated Federal Officer draft SWEIS and the deadline for service, and their knowledge of issues (DFO), U.S. Department of Energy, comments on the draft document. that pertain to electricity. Office of Electricity Delivery and Energy Persons who submit comments with a Purpose of the Meeting: The meeting Reliability, 1000 Independence Avenue, mailing address during the scoping of the EAC is expected to include SW., Washington, DC 20585 or e-mail to process will receive a copy of the draft presentations and discussions of reports [email protected]. The following

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electronic file formats are acceptable: A–582 platform (Line 787L), located in the applicant and to every other party in Microsoft Word (.doc), Corel Word federal waters, offshore Texas. The the proceeding. Only parties to the Perfect (.wpd), Adobe Acrobat (.pdf), application is on file with the proceeding can ask for court review of Rich Text Format (.rtf), plain text (.txt), Commission and open to public Commission orders in the proceeding. Microsoft Excel (.xls), and Microsoft inspection. The filing may also be However, a person does not have to PowerPoint (.ppt). If you submit viewed on the Web at http:// intervene in order to have comments information that you believe to be www.ferc.gov using the ‘‘eLibrary’’ link. considered. The second way to exempt by law from public disclosure, Enter the docket number excluding the participate is by filing with the you must submit one complete copy, as last three digits in the docket number Secretary of the Commission, as soon as well as one copy from which the field to access the document. For possible, an original and two copies of information claimed to be exempt by assistance, contact FERC at comments in support of or in opposition law from public disclosure has been [email protected] or call to this project. The Commission will deleted. DOE is responsible for the final toll-free, (866) 208–3676 or TTY, (202) consider these comments in determination concerning disclosure or 502–8659. determining the appropriate action to be nondisclosure of the information and for Any questions regarding this taken, but the filing of a comment alone treating it in accordance with the DOE’s application should be directed to Rene will not serve to make the filer a party Freedom of Information Act regulations Staeb, Manager, Project Determinations to the proceeding. The Commission’s (10 CFR 1004.11). The DFO is & Regulatory Administration, ANR rules require that persons filing empowered to conduct the meeting in a Pipeline Company, 717 Texas Street, comments in opposition to the project fashion that will facilitate the orderly Houston, Texas 77002–2761, at (832) provide copies of their protests only to conduct of business. 320–5215 or fax (832) 320–6215 or the party or parties directly involved in _ Note: Delivery of the U.S. Postal Service Rene [email protected]. the protest. mail to DOE continues to be delayed by Pursuant to section 157.9 of the Persons who wish to comment only several weeks due to security screening. The Commission’s rules, 18 CFR 157.9, on the environmental review of this DOE, therefore, encourages those wishing to within 90 days of this Notice the project should submit an original and comment to submit comments electronically Commission staff will either: complete two copies of their comments to the by e-mail. If comments are submitted by its environmental assessment (EA) and Secretary of the Commission. regular mail, the Department requests that place it into the Commission’s public Environmental commentors will be they be accompanied by a CD or diskette record (eLibrary) for this proceeding; or placed on the Commission’s containing electronic files of the submission. issue a Notice of Schedule for environmental mailing list, will receive Minutes: The minutes of the meeting Environmental Review. If a Notice of copies of the environmental documents, will be available for public review and Schedule for Environmental Review is and will be notified of meetings copying within 60 days and will be issued, it will indicate, among other associated with the Commission’s posted on the Committee Web site at milestones, the anticipated date for the environmental review process. http://www.oe.energy.gov/eac.htm or by Commission staff’s issuance of the final Environmental commentors will not be contacting Mr. David Meyer at (202) environmental impact statement (FEIS) required to serve copies of filed 586–3118 or by e-mail at: or EA for this proposal. The filing of the documents on all other parties. [email protected] . EA in the Commission’s public record However, the non-party commentors Issued at Washington, DC, on June 20, for this proceeding or the issuance of a will not receive copies of all documents 2011. Notice of Schedule for Environmental filed by other parties or issued by the LaTanya R. Butler, Review will serve to notify federal and Commission (except for the mailing of Acting Deputy Committee Management state agencies of the timing for the environmental documents issued by the Officer. completion of all necessary reviews, and Commission) and will not have the right [FR Doc. 2011–15841 Filed 6–23–11; 8:45 am] the subsequent need to complete all to seek court review of the Federal authorizations within 90 days of Commission’s final order. BILLING CODE 6450–01–P the date of issuance of the Commission The Commission strongly encourages staff’s FEIS or EA. electronic filings of comments, protests DEPARTMENT OF ENERGY There are two ways to become and interventions in lieu of paper using involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Federal Energy Regulatory this project. First, any person wishing to www.ferc.gov. Persons unable to file Commission obtain legal status by becoming a party electronically should submit an original to the proceedings for this project and 14 copies of the protest or [Docket No. CP11–497–000] should, on or before the comment date intervention to the Federal Energy ANR Pipeline Company; Notice of stated below, file with the Federal Regulatory Commission, 888 First Application for Abandonment Energy Regulatory Commission, 888 Street, NE., Washington, DC 20426. First Street, NE., Washington, DC 20426, This filing is accessible on-line at Take notice that on June 9, 2011, ANR a motion to intervene in accordance http://www.ferc.gov, using the Pipeline Company (ANR), 717 Texas with the requirements of the ‘‘eLibrary’’ link and is available for Street, Houston, Texas 77002–2761, Commission’s Rules of Practice and review in the Commission’s Public filed in Docket No. CP11–497–000, an Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. application under section 7(b) of the and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the Natural Gas Act (NGA) and section CFR 157.10). A person obtaining party Web site that enables subscribers to 157.7 and 157.18 of the Federal Energy status will be placed on the service list receive e-mail notification when a Regulatory Commission (Commission), maintained by the Secretary of the document is added to a subscribed requesting authorization to abandon its Commission and will receive copies of docket(s). For assistance with any FERC obligation to provide transportation all documents filed by the applicant and Online service, please e-mail service through approximately 1.1 miles by all other parties. A party must submit [email protected], or call of 20-inch diameter pipeline from High 7 copies of filings made with the (866) 208–3676 (toll free). For TTY, call Island Block A–563 to High Island Block Commission and must mail a copy to (202) 502–8659.

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Comment Date: July 11, 2011. please contact FERC Online Support at Commission will consider all protests or Dated: June 20, 2011. [email protected] or toll other comments filed, but only those free at 1–866–208–3676, or for TTY, who file a motion to intervene in Kimberly D. Bose, (202) 502–8659. Although the accordance with the Commission’s Secretary. Commission strongly encourages Rules may become a party to the [FR Doc. 2011–15858 Filed 6–23–11; 8:45 am] electronic filing, documents may also be proceeding. Any comments, protests, or BILLING CODE 6717–01–P paper-filed. To paper-file, mail an motions to intervene must be received original and seven copies to: Kimberly on or before the specified comment date D. Bose, Secretary, Federal Energy for the particular application. DEPARTMENT OF ENERGY Regulatory Commission, 888 First All filings must (1) bear in all capital Federal Energy Regulatory Street, NE., Washington, DC 20426. letters the title ‘‘PROTEST,’’ ‘‘MOTION The Commission’s Rules of Practice Commission TO INTERVENE,’’ ‘‘COMMENTS,’’ require all intervenors filing documents ‘‘REPLY COMMENTS,’’ [Project No. 2784–004] with the Commission to serve a copy of ‘‘RECOMMENDATIONS,’’ or that document on each person on the ‘‘PRELIMINARY TERMS AND Pacific Gas and Electric Company; official service list for the project. CONDITIONS;’’ (2) set forth in the Notice of Application Accepted for Further, if an intervenor files comments heading the name of the applicant and Filing, Soliciting Motions To Intervene or documents with the Commission the project number of the application to and Protests, Ready for Environmental relating to the merits of an issue that which the filing responds; (3) furnish Analysis, and Soliciting Comments, may affect the responsibilities of a the name, address, and telephone Recommendations, and Preliminary particular resource agency, they must number of the person protesting or Terms and Conditions also serve a copy of the document on intervening; and (4) otherwise comply that resource agency. Take notice that the following with the requirements of 18 CFR k. This application has been accepted 385.2001 through 385.2005. All hydroelectric application has been filed for filing and is now is ready for with the Commission and is available comments, recommendations, or terms environmental analysis. and conditions must set forth their for public inspection. l. The Project is connected with the a. Type of Application: Subsequent evidentiary basis and otherwise comply Yuba-Bear Hydroelectric Project, FERC with the requirements of 18 CFR 4.34(b). License—Transmission Line Only. project No. 2266, owned and operated b. Project No.: P–2784–004. Agencies may obtain copies of the by the Nevada Irrigation District (NID). application directly from the applicant. c. Date filed: April 18, 2011. Project facilities include a 3,851-ft long, d. Applicant: Pacific Gas and Electric A copy of any protest or motion to three-phase, 60-kilovolt (kV), wood-pole intervene must be served upon each Company. transmission line extending from the e. Name of Project: Rollins representative of the applicant specified existing Rollins Powerhouse switchyard in the particular application. A copy of Transmission Line Project. to the junction with PG&E’s Drum-Gras f. Location: The Rollins Transmission all other filings in reference to this Valley-Weimer 60-kV transmission line. application must be accompanied by Line Project is located in Placer and The current project also includes a Nevada counties, California. proof of service on all persons listed in single access road. The transmission the service list prepared by the g. Filed Pursuant to: Federal Power line right-of-way (ROW) is 40-ft in Act 16 U.S.C. 791(a)–825(r). Commission in this proceeding, in width. accordance with 18 CFR 4.34(b) and h. Applicant Contact: Forrest PG&E is not proposing to modify the 385.2010. Sullivan, Senior Project Manager, existing project and does not plan any Pacific Gas and Electric Company, 5555 o. Procedural Schedule: changes to the operation or maintenance The application will be processed Florin Perkins Road, Sacramento, CA of the transmission line. according to the following revised 95826. Tel: (916) 386–5580. m. A copy of the application is Hydro Licensing Schedule. Revisions to i. FERC Contact: Mary Greene, (202) available for review at the Commission the schedule may be made as 502–8865 or [email protected]. in the Public Reference Room or may be appropriate. j. Deadline for filing motions to viewed on the Commission’s Web site at intervene and protests, comments, http://www.ferc.gov using the Milestone Target date recommendations, preliminary terms ‘‘eLibrary’’ link. Enter the docket and conditions: 60 days from the number excluding the last three digits in Filing of recommenda- August 16, 2011. issuance date of this notice; reply the docket number field to access the tions, and prelimi- comments are due 105 days from the document. For assistance, contact FERC nary terms and con- issuance date of this notice. Online Support. A copy is also available ditions. Commission issues December 14, 2011. Motions to intervene, protests, for inspection and reproduction at the comments, recommendations, EA. address in item h above. Comments on EA or January 30, 2012. preliminary terms and conditions may Register online at http:// EIS. be filed electronically via the Internet. www.ferc.gov/docs-filing/ Modified terms and March 28, 2012. See 18 CFR 385.2001(a)(1)(iii) and the esubscription.asp to be notified via conditions. instructions on the Commission’s Web email of new filings and issuances site http://www.ferc.gov/docs-filing/ related to this or other pending projects. p. Final amendments to the efiling.asp. Commenters can submit For assistance, contact FERC Online application must be filed with the brief comments up to 6,000 characters, Support. Commission no later than 30 days from without prior registration, using the n. Anyone may submit comments, a the issuance date of this notice. eComment system at http:// protest, or a motion to intervene in q. A license applicant must file no www.ferc.gov/docs-filing/ accordance with the requirements of later than 60 days following the date of ecomment.asp. You must include your Rules of Practice and Procedure, 18 CFR issuance of the notice of acceptance and name and contact information at the end 385.210, .211, .214. In determining the ready for environmental analysis of your comments. For assistance, appropriate action to take, the provided for in § 5.22: (1) A copy of the

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water quality certification; (2) a copy of Description: Triennial Report of Filed Date: 06/20/2011. the request for certification, including Grand Ridge Energy LLC. Accession Number: 20110620–5002. proof of the date on which the certifying Filed Date: 06/20/2011. Comment Date: 5 p.m. Eastern Time agency received the request; or (3) Accession Number: 20110620–5093. on Monday, July 11, 2011. evidence of waiver of water quality Comment Date: 5 p.m. Eastern Time Docket Numbers: ER11–3827–000. certification. on Friday, August 19, 2011. Applicants: Genon Power Midwest, Dated: June 17, 2011. Docket Numbers: ER10–2133–001. LP. Kimberly D. Bose, Applicants: Sheldon Energy LLC. Description: GenOn Power Midwest, Description: Triennial Report of Secretary. LP submits notice of cancellation of the Sheldon Energy LLC. [FR Doc. 2011–15790 Filed 6–23–11; 8:45 am] Connection and Site Agreement with Filed Date: 06/20/2011. American Transmission Systems, Inc et BILLING CODE 6717–01–P Accession Number: 20110620–5116. al. Comment Date: 5 p.m. Eastern Time Filed Date: 06/17/2011. on Friday, August 19, 2011. DEPARTMENT OF ENERGY Accession Number: 20110620–0201. Docket Numbers: ER10–2137–001. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Applicants: Beech Ridge Energy LLC. on Friday, July 08, 2011. Commission Description: Triennial Report of Beech Docket Numbers: ER11–3828–000. Ridge Energy LLC. Applicants: PJM Interconnection, Combined Notice of Filings #2 Filed Date: 06/20/2011. LLC. Accession Number: 20110620–5094. Take notice that the Commission Description: PJM Interconnection, Comment Date: 5 p.m. Eastern Time LLC submits tariff filing per received the following exempt on Friday, August 19, 2011. wholesale generator filings: 35.13(a)(2)(iii: PJM Queue No. W1–076; Docket Numbers: ER10–2140–001. Original Service Agreement No. 2945 to Docket Numbers: EG11–94–000. Applicants: Grand Ridge Energy IV be effective 5/20/2011. Applicants: Hatch Solar Energy LLC. Center I, LLC. Filed Date: 06/20/2011. Description: Triennial Report of Accession Number: 20110620–5022. Description: Notice of Self- Grand Ridge Energy IV LLC. Certification of Exempt Wholesale Comment Date: 5 p.m. Eastern Time Filed Date: 06/20/2011. on Monday, July 11, 2011. Generator Status of Hatch Solar Energy Accession Number: 20110620–5108. Center I, LLC. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER11–3829–000. Filed Date: 06/17/2011. on Friday, August 19, 2011. Applicants: Wisconsin Power and Light Company. Accession Number: 20110617–5164. Docket Numbers: ER10–2141–001. Description: Wisconsin Power and Comment Date: 5 p.m. Eastern Time Applicants: Grand Ridge Energy V Light Company submits tariff filing per on Friday, July 08, 2011. LLC. 35.13(a)(2)(iii: WPL NSP–LBAAOCA to Take notice that the Commission Description: Triennial Report of be effective 6/20/2011. received the following electric rate Grand Ridge Energy V LLC. Filed Date: 06/20/2011. filings: Filed Date: 06/20/2011. Accession Number: 20110620–5024. Docket Numbers: ER01–1305–018. Accession Number: 20110620–5106. Applicants: Westar Generating, Inc. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Description: Westar Generating, Inc. on Friday, August 19, 2011. on Monday, July 11, 2011. Informational Filing. Docket Numbers: ER11–2207–001. Docket Numbers: ER11–3830–000. Filed Date: 06/17/2011. Applicants: Alta Wind IV, LLC. Applicants: Avista Corporation. Accession Number: 20110617–5154. Description: Alta Wind IV, LLC— Description: Avista Corporation Comment Date: 5 p.m. Eastern Time Notice of Non-Material Change in submits tariff filing per 35.13(a)(2)(iii: on Friday, July 08, 2011. Status. Revised Appendix 6 to Attachment M to Docket Numbers: ER08–1501–002; Filed Date: 06/17/2011. be effective 8/20/2011. ER09–86–002. Accession Number: 20110617–5177. Filed Date: 06/20/2011. Applicants: Southwestern Electric Comment Date: 5 p.m. Eastern Time Accession Number: 20110620–5081. Power Company. on Friday, July 08, 2011. Comment Date: 5 p.m. Eastern Time Description: Compliance refund Docket Numbers: ER11–3614–002. on Monday, July 11, 2011. report of Southwestern Electric Power Applicants: Glacial Energy Holdings. Docket Numbers: ER11–3831–000. Company. Description: Glacial Energy Holdings Applicants: PJM Interconnection, Filed Date: 06/17/2011. submits tariff filing per 35: Substitute LLC. Accession Number: 20110617–5175. Market-based Tariff of Glacial Energy Description: PJM Interconnection, Comment Date: 5 p.m. Eastern Time Holdings to be effective 5/23/2011. LLC submits tariff filing per on Friday, July 08, 2011. Filed Date: 06/20/2011. 35.13(a)(2)(iii: Queue Position No. W1– Docket Numbers: ER10–1786–002. Accession Number: 20110620–5000. 024 ? Original Service Agreement No. Applicants: Credit Suisse Energy, Comment Date: 5 p.m. Eastern Time 2943 to be effective 5/20/2011. LLC. on Monday, July 11, 2011. Filed Date: 06/20/2011. Description: Notice of Non-Material Docket Numbers: ER11–3826–000. Accession Number: 20110620–5083. Change in Status of Credit Suisse Energy Applicants: Black Hills/Colorado Comment Date: 5 p.m. Eastern Time LLC. Electric Utility Company, LP. on Monday, July 11, 2011. Filed Date: 06/17/2011. Description: Black Hills/Colorado Docket Numbers: ER11–3832–000. Accession Number: 20110617–5153. Electric Utility Company, LP submits Applicants: Southern California Comment Date: 5 p.m. Eastern Time tariff filing per 35.13(a)(1): Black Hills/ Edison Company. on Friday, July 08, 2011. Colorado Electric Utility Company, LP, Description: Southern California Docket Numbers: ER10–2131–001. Updated Rates and Tariff to be effective Edison Company submits tariff filing Applicants: Grand Ridge Energy LLC. 8/15/2011. per 35.13(a)(2)(iii: Walnut Creek Energy

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Generation Tie-Line Facilities Any person desiring to intervene or to Washington, DC. There is an Agreement RS. 485 to be effective 6/21/ protest in any of the above proceedings eSubscription link on the Web site that 2011. must file in accordance with Rules 211 enables subscribers to receive e-mail Filed Date: 06/20/2011. and 214 of the Commission’s Rules of notification when a document is added Accession Number: 20110620–5100. Practice and Procedure (18 CFR 385.211 to a subscribed docket(s). For assistance Comment Date: 5 p.m. Eastern Time and 385.214) on or before 5 p.m. Eastern with any FERC Online service, please e- on Monday, July 11, 2011. time on the specified comment date. It mail [email protected]. or Docket Numbers: ER11–3833–000. is not necessary to separately intervene call (866) 208–3676 (toll free). For TTY, Applicants: Southwest Power Pool, again in a subdocket related to a call (202) 502–8659. Inc. compliance filing if you have previously Dated: June 20, 2011. intervened in the same docket. Protests Description: Southwest Power Pool, Nathaniel J. Davis, Sr., Inc. submits tariff filing per will be considered by the Commission Deputy Secretary. 35.13(a)(2)(iii: 2220 BP Wind Energy in determining the appropriate action to North America, Inc. GIA to be effective be taken, but will not serve to make [FR Doc. 2011–15813 Filed 6–23–11; 8:45 am] 5/23/2011. protestants parties to the proceeding. BILLING CODE 6717–01–P Filed Date: 06/20/2011. Anyone filing a motion to intervene or Accession Number: 20110620–5107. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference DEPARTMENT OF ENERGY to filings initiating a new proceeding, on Monday, July 11, 2011. Federal Energy Regulatory interventions or protests submitted on Docket Numbers: ER11–3834–000. Commission Applicants: Southwest Power Pool, or before the comment deadline need Inc. not be served on persons other than the Combined Notice of Filings #1 Description: Southwest Power Pool, Applicant. Inc. submits tariff filing per As it relates to any qualifying facility Take notice that the Commission 35.13(a)(2)(iii: 2221 Prairie Breeze Wind filings, the notices of self-certification received the following electric rate Energy, LLC GIA to be effective 5/23/ [or self-recertification] listed above, do filings: 2011. not institute a proceeding regarding Docket Numbers: ER10–2294–002. Filed Date: 06/20/2011. qualifying facility status. A notice of Applicants: ORNI 18 LLC. Accession Number: 20110620–5109. self-certification [or self-recertification] Description: Notice of Non-Material Comment Date: 5 p.m. Eastern Time simply provides notification that the Changes in Status of ORNI 18 LLC. on Monday, July 11, 2011. entity making the filing has determined Filed Date: 06/16/2011. the facility named in the notice meets Docket Numbers: ER11–3835–000. Accession Number: 20110616–5075. the applicable criteria to be a qualifying Applicants: Southwestern Electric Comment Date: 5 p.m. Eastern Time facility. Intervention and/or protest do Power Company. on Thursday, July 07, 2011. not lie in dockets that are qualifying Description: Southwestern Electric Docket Numbers: ER11–3243–002. facility self-certifications or self- Power Company’s Compliance report of Applicants: Southwest Power Pool, recertifications. Any person seeking to expenditures recorded in calendar year Inc. challenge such qualifying facility status 2010, and for its projected 2011 CWIP Description: Southwest Power Pool, may do so by filing a motion pursuant expenditures. Inc. submits tariff filing per 35.17(b): to 18 CFR 292.207(d)(iii). Intervention Filed Date: 06/20/2011. Response to Request for Additional and protests may be filed in response to Accession Number: 20110620–5110. Information (KMEA NITSA/NOA) to be Comment Date: 5 p.m. Eastern Time notices of qualifying facility dockets effective 3/1/2011. other than self-certifications and self- on Monday, July 11, 2011. Filed Date: 06/16/2011. recertifications. Accession Number: 20110616–5122. Docket Numbers: ER11–3836–000. The Commission encourages Comment Date: 5 p.m. Eastern Time Applicants: Southern California electronic submission of protests and on Thursday, July 07, 2011. Edison Company. interventions in lieu of paper, using the Description: Southern California FERC Online links at http:// Docket Numbers: ER11–3634–001. Edison Company submits tariff filing www.ferc.gov. To facilitate electronic Applicants: KES Kingsburg, L.P. per 35.13(a)(2)(iii: LGIA Navy 1 Project service, persons with Internet access Description: KES Kingsburg, L.P. Coso Finance Partners to be effective 6/ who will eFile a document and/or be submits tariff filing per 35.17(b): 2/2011. listed as a contact for an intervenor Amended KES Kingsburg MBR to be Filed Date: 06/20/2011. must create and validate an effective 8/1/2011. Accession Number: 20110620–5113. eRegistration account using the Filed Date: 06/17/2011. Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Accession Number: 20110617–5145. on Monday, July 11, 2011. link to log on and submit the Comment Date: 5 p.m. Eastern Time Take notice that the Commission intervention or protests. on Friday, July 08, 2011. received the following electric securities Persons unable to file electronically Docket Numbers: ER11–3776–001. filings: should submit an original and 14 copies Applicants: Southwest Power Pool, Docket Numbers: ES11–3–001. of the intervention or protest to the Inc. Applicants: MDU Resources Group, Federal Energy Regulatory Commission, Description: Southwest Power Pool, Inc. 888 First St., NE., Washington, DC Inc. submits tariff filing per 35.17(b): Description: Request for Amendment 20426. Amendment to KCPL and KCPL–GMO to Application of MDU Resources The filings in the above proceedings Depreciation Rates to be effective 6/4/ Group, Inc. are accessible in the Commission’s 2011. Filed Date: 06/20/2011. eLibrary system by clicking on the Filed Date: 06/17/2011. Accession Number: 20110620–5111. appropriate link in the above list. They Accession Number: 20110617–5109. Comment Date: 5 p.m. Eastern Time are also available for review in the Comment Date: 5 p.m. Eastern Time on Monday, July 11, 2011. Commission’s Public Reference Room in on Friday, July 08, 2011.

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Docket Numbers: ER11–3821–000. Accession Number: 20110617–5151. eLibrary system by clicking on the Applicants: Glacial Energy of New Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They York. on Monday, June 27, 2011. are also available for review in the Description: Glacial Energy of New Any person desiring to intervene or to Commission’s Public Reference Room in York submits tariff filing per 35: protest in any of the above proceedings Washington, DC. There is an Substitute Market-Based Rate Tariff to must file in accordance with Rules 211 eSubscription link on the Web site that be effective 5/13/2011. and 214 of the Commission’s Rules of enables subscribers to receive e-mail Filed Date: 06/17/2011. Practice and Procedure (18 CFR 385.211 notification when a document is added Accession Number: 20110617–5135. and 385.214) on or before 5 p.m. Eastern to a subscribed docket(s). For assistance Comment Date: 5 p.m. Eastern Time time on the specified comment date. It with any FERC Online service, please on Friday, July 08, 2011. is not necessary to separately intervene e-mail [email protected]. or Docket Numbers: ER11–3822–000. again in a subdocket related to a call (866) 208–3676 (toll free). For TTY, Applicants: Glacial Energy of New compliance filing if you have previously call (202) 502–8659. England, Inc. intervened in the same docket. Protests Dated: June 20, 2011. Description: Glacial Energy of New will be considered by the Commission Nathaniel J. Davis, Sr., England, Inc. submits tariff filing per 35: in determining the appropriate action to Deputy Secretary. Substitute Market-Based Rate Tariff to be taken, but will not serve to make [FR Doc. 2011–15812 Filed 6–23–11; 8:45 am] be effective 5/13/2011. protestants parties to the proceeding. BILLING CODE 6717–01–P Filed Date: 06/17/2011. Anyone filing a motion to intervene or Accession Number: 20110617–5137. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference DEPARTMENT OF ENERGY on Friday, July 08, 2011. to filings initiating a new proceeding, Docket Numbers: ER11–3823–000. interventions or protests submitted on Federal Energy Regulatory Applicants: Glacial Energy of New or before the comment deadline need Commission not be served on persons other than the Jersey, Inc. [Docket No. DI11–9–000] Description: Glacial Energy of New Applicant. Jersey, Inc. submits tariff filing per 35: As it relates to any qualifying facility Inside Passage Electric Cooperative; Substitute Market-Based Rate Tariff to filings, the notices of self-certification Notice of Declaration of Intention and be effective 5/13/2011. [or self-recertification] listed above, do Soliciting Comments, Protests, and/or Filed Date: 06/17/2011. not institute a proceeding regarding Motions To Intervene Accession Number: 20110617–5139. qualifying facility status. A notice of Comment Date: 5 p.m. Eastern Time self-certification [or self-recertification] Take notice that the following on Friday, July 08, 2011. simply provides notification that the application has been filed with the Docket Numbers: ER11–3824–000. entity making the filing has determined Commission and is available for public Applicants: Glacial Energy of Illinois, the facility named in the notice meets inspection: Inc. the applicable criteria to be a qualifying a. Application Type: Declaration of Description: Glacial Energy of Illinois, facility. Intervention and/or protest do Intention. Inc. submits tariff filing per 35: not lie in dockets that are qualifying b. Docket No.: DI11–9–000. Substitute Market-Based Rate Tariff to facility self-certifications or self- c. Date Filed: June 13, 2011. be effective 5/13/2011. recertifications. Any person seeking to d. Applicant: Inside Passage Electric Filed Date: 06/17/2011. challenge such qualifying facility status Cooperative. Accession Number: 20110617–5142. may do so by filing a motion pursuant e. Name of Project: Water Supply Comment Date: 5 p.m. Eastern Time to 18 CFR 292.207(d)(iii). Intervention Creek Hydroelectric Project. on Friday, July 08, 2011. and protests may be filed in response to f. Location: The proposed Water notices of qualifying facility dockets Supply Creek Hydroelectric Project will Docket Numbers: ER11–3825–000. other than self-certifications and self- be located on Water Supply Creek, near Applicants: Glacial Energy of recertifications. the town of Hoonah on Chichagof California, Inc. The Commission encourages Island, Alaska, affecting T. 44 S., R. 61 Description: Glacial Energy of electronic submission of protests and E., secs. 2, 11, 14, and 15., and T. 43 S., California, Inc. submits tariff filing per interventions in lieu of paper, using the R. 61 E., secs. 34 and 35, Copper River 35: Substitute Market-Based Rate Tariff FERC Online links at http:// Meridian. to be effective 5/13/2011. www.ferc.gov. To facilitate electronic g. Filed Pursuant to: Section 23(b)(1) Filed Date: 06/17/2011. service, persons with Internet access of the Federal Power Act, 16 U.S.C. Accession Number: 20110617–5146. who will eFile a document and/or be 817(b). Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor h. Applicant Contact: Peter A. Bibb, on Friday, July 08, 2011. must create and validate an Operations, P.O. Box 210149, 12480 Take notice that the Commission eRegistration account using the Mendenhall Loop Road, Auke Bay, AK received the following electric securities eRegistration link. Select the eFiling 99821, telephone: (907) 789–3196, ext. filings: link to log on and submit the 30; Fax: (907) 790–8517; e-mail: http:// Docket Numbers: ES11–36–000. intervention or protests. [email protected]. Applicants: The United Illuminating Persons unable to file electronically i. FERC Contact: Any questions on Company. should submit an original and 14 copies this notice should be addressed to Description: Response to Second of the intervention or protest to the Henry Ecton, (202) 502–8768, or e-mail FERC Staff Informal Request and Federal Energy Regulatory Commission, address: [email protected]. Renewed Request for Expedited 888 First St., NE., Washington, DC j. Deadline for filing comments, Treatment of The United Illuminating 20426. protests, and/or motions: July 27, 2011. Company. The filings in the above proceedings All documents should be filed Filed Date: 06/17/2011. are accessible in the Commission’s electronically via the Internet. See 18

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CFR 385.2001(a)(1)(iii) and the number excluding the last three digits in DEPARTMENT OF ENERGY instructions on the Commission’s Web the docket number field to access the site at http://www.ferc.gov/docs-filing/ document. You may also register online Federal Energy Regulatory efiling.asp. If unable to be filed at http://www.ferc.gov/docs-filing/ Commission electronically, documents may be paper- esubscription.asp to be notified via e- [Docket No. CP11–18–000] filed. To paper-file, an original and mail of new filings and issuances seven copies should be filed with: related to this or other pending projects. Transcontinental Gas Pipe Line Secretary, Federal Energy Regulatory For assistance, please contact FERC Company, LLC; Notice of Availability Commission, 888 First Street, NE., Online Support at of the Environmental Assessment for Washington, DC 20426. [email protected] or toll- the Proposed Mid-South Expansion Commenters can submit brief Project comments up to 6,000 characters, free at (866) 208–3676, or TTY, contact without prior registration, using the (202) 502–8659. A copy is also available The staff of the Federal Energy eComment system at http:// for inspection and reproduction at the Regulatory Commission (FERC or www.ferc.gov/docs-filing/ address in item (h) above. Commission) has prepared an ecomment.asp. Please include the m. Individuals desiring to be included environmental assessment (EA) for the docket number (DI11–9–000) on any on the Commission’s mailing list should Mid-South Expansion Project proposed comments, protests, and/or motions so indicate by writing to the Secretary by Transcontinental Gas Pipe Line filed. of the Commission. Company, LLC (Transco) in the above- k. Description of Project: The referenced docket. Transco requests proposed run-of-river Water Supply n. Comments, Protests, or Motions To authorization to construct and operate Creek Hydroelectric Project will consist Intervene—Anyone may submit five new pipeline loops,1 construct one of: (1) A proposed 8-foot-high, 60-foot- comments, a protest, or a motion to new compressor station, add wide diversion structure with a concrete intervene in accordance with the compression at two existing compressor core wall and grouted riprap requirements of Rules of Practice and stations, and perform other embankments; (2) a proposed 20-foot- Procedure, 18 CFR 385.210, .211, .214. modifications to five compressor wide, 20-foot-long concrete intake In determining the appropriate action to stations. The MSEP would provide structure, with a low-level outlet to take, the Commission will consider all about 451 million standard cubic feet of release flows into the bypass reach of protests or other comments filed, but natural gas per day to Transco’s existing Water Supply Creek; (3) a 20-inch only those who file a motion to mainline system from the Clean Energy diameter, 5,100-foot-long steel penstock, intervene in accordance with the LNG import terminal currently under with the final 3,300 feet of the penstock Commission’s Rules may become a construction in Pascagoula, Mississippi, buried with a minimum of 4-foot of party to the proceeding. Any comments, with existing capacity on Transco’s cover; (4) a 36-foot-long, 24-foot-wide, protests, or motions to intervene must Mobile Bay Lateral, down to existing Compressor Station 85. According to 15-foot-high powerhouse, containing a be received on or before the specified single horizontal axis Turgo turbine and Transco, its project would expand comment date for the particular delivery capacity on its existing induction generation with a rated application. capacity of 400 kW; (5) a 15-foot-long pipeline system to growing markets in tailrace returning flows into Water o. Filing and Service of Responsive the east as far downstream as Supply Creek; (6) a proposed 4.25-mile- Documents—Any filings must bear in Rockingham County, North Carolina. long 12.5-kV transmission line; and (7) all capital letters the title The EA assesses the potential appurtenant facilities. ‘‘COMMENTS’’, ‘‘PROTESTS’’, AND/OR environmental effects of the When a Declaration of Intention is ‘‘MOTIONS TO INTERVENE’’, as construction and operation of the Mid- filed with the Federal Energy Regulatory applicable, and the Docket Number of South Expansion Project in accordance Commission, the Federal Power Act the particular application to which the with the requirements of the National requires the Commission to investigate filing refers. A copy of any motion to Environmental Policy Act of 1969 and determine if the interests of intervene must also be served upon each (NEPA). The FERC staff concludes that approval of the proposed project, with interstate or foreign commerce would be representative of the Applicant appropriate mitigating measures, would affected by the proposed project. The specified in the particular application. Commission also determines whether or not constitute a major Federal action not the project: (1) Would be located on p. Agency Comments—Federal, State, significantly affecting the quality of the a navigable waterway; (2) would occupy and local agencies are invited to file human environment. or affect public lands or reservations of comments on the described application. The proposed Mid-South Expansion A copy of the application may be Project includes the following facilities: the United States; (3) would utilize • surplus water or water power from a obtained by agencies directly from the Five pipeline loops located in government dam; or (4) if applicable, Applicant. If an agency does not file Coosa and Randolph Counties, has involved or would involve any comments within the time specified for Alabama, and Gaston, Rowan and construction subsequent to 1935 that filing comments, it will be presumed to Davidson Counties, North Carolina; • One new compressor station, may have increased or would increase have no comments. One copy of an Station 95, to be located in Dallas the project’s head or generating agency’s comments must also be sent to County, Alabama; capacity, or have otherwise significantly the Applicant’s representatives. • Additional new compression at two modified the project’s pre-1935 design Dated: June 20, 2011. existing compressor stations: or operation. Æ Kimberly D. Bose, Station 90 in Marengo County, l. Locations of the Application: Copies Alabama; and of this filing are on file with the Secretary. Æ Station 125 in Walton County, Commission and are available for public [FR Doc. 2011–15856 Filed 6–23–11; 8:45 am] Georgia; inspection. This filing may be viewed BILLING CODE 6717–01–P on the Web at http://www.ferc.gov using 1 A pipeline loop is constructed parallel to an the ‘‘eLibrary’’ link. Enter the docket existing pipeline to increase capacity.

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• Modifications at the following (2) You may file your comments dockets. This can reduce the amount of existing compressor stations: electronically by using the eFiling time you spend researching proceedings Æ Station 105 in Coosa County, feature, which is located on the by automatically providing you with Alabama; Commission’s Web site at http:// notification of these filings, document Æ Station 115 in Coweta County, www.ferc.gov under the link to summaries, and direct links to the Georgia; Documents and Filings. With eFiling, documents. Go to http://www.ferc.gov/ Æ Station 120 in Henry County, you can provide comments in a variety esubscribenow.htm. Georgia; of formats by attaching them as a file Æ Station 140 in Spartanburg County, Dated: June 20, 2011. with your submission. New eFiling Kimberly D. Bose, South Carolina; and users must first create an account by Æ Secretary. Station 145 in Cleveland County, clicking on ‘‘eRegister.’’ You will be North Carolina. asked to select the type of filing you are [FR Doc. 2011–15857 Filed 6–23–11; 8:45 am] The planned loops would be making. A comment on a particular BILLING CODE 6717–01–P constructed with 42-inch-diameter steel project is considered a ‘‘Comment on a pipe and would have a combined total Filing’’; or length of about 22.6 miles. (3) You may file a paper copy of your DEPARTMENT OF ENERGY The EA has been placed in the public comments at the following address: files of the FERC and is available for Federal Energy Regulatory Kimberly D. Bose, Secretary, Federal Commission public viewing on the FERC’s Web site Energy Regulatory Commission, 888 at http://www.ferc.gov using the First Street, NE., Room 1A, Washington, [Docket No. ER11–3808–000] eLibrary link. A limited number of DC 20426. copies of the EA are available for Although your comments will be ORNI 39 LLC;Supplemental Notice distribution and public inspection at: considered by the Commission, simply That Initial Market-Based Rate Filing Federal Energy Regulatory Commission, filing comments will not serve to make Includes Request for Blanket Section Public Reference Room, 888 First Street, the commenter a party to the 204 Authorization NE., Room 2A, Washington, DC 20426, proceeding. Any person seeking to (202) 502–8371. This is a supplemental notice in the become a party to the proceeding must above-referenced proceeding of ORNI 39 Copies of the EA have been mailed to file a motion to intervene pursuant to Federal, State, and local government LLC’s application for market-based rate Rule 214 of the Commission’s Rules of authority, with an accompanying rate representatives and agencies; elected Practice and Procedures (18 CFR officials; environmental and public tariff, noting that such application 385.214).2 Only intervenors have the interest groups; Native American tribes; includes a request for blanket right to seek rehearing of the potentially affected landowners and authorization, under 18 CFR part 34, of Commission’s decision. future issuances of securities and other interested individuals and groups; Affected landowners and parties with newspapers and libraries in the project assumptions of liability. environmental concerns may be granted Any person desiring to intervene or to area; and parties to this proceeding. intervenor status upon showing good Any person wishing to comment on protest should file with the Federal cause by stating that they have a clear the EA may do so. Your comments Energy Regulatory Commission, 888 and direct interest in this proceeding should focus on the potential First Street, NE., Washington, DC 20426, which would not be adequately environmental effects, reasonable in accordance with Rules 211 and 214 represented by any other parties. You do alternatives, and measures to avoid or of the Commission’s Rules of Practice not need intervenor status to have your lessen environmental impacts. The more and Procedure (18 CFR 385.211 and comments considered. 385.214). Anyone filing a motion to specific your comments, the more useful Additional information about the intervene or protest must serve a copy they will be. To ensure that your project is available from the of that document on the Applicant. comments are properly recorded and Commission’s Office of External Affairs, Notice is hereby given that the considered prior to a Commission at (866) 208–FERC or on the FERC Web deadline for filing protests with regard decision on the proposal, it is important site (http://www.ferc.gov) using the to the applicant’s request for blanket that the FERC receives your comments eLibrary link. Click on the eLibrary link, authorization, under 18 CFR part 34, of in Washington, DC on or before July 20, click on ‘‘General Search’’ and enter the future issuances of securities and 2011. docket number excluding the last three For your convenience, there are three assumptions of liability, is July 11, digits in the Docket Number field (i.e., methods you can use to submit your 2011. CP11–18–000). Be sure you have comments to the Commission. In all The Commission encourages selected an appropriate date range. For instances, please reference the project electronic submission of protests and assistance, please contact FERC Online docket number (CP11–18–000) with interventions in lieu of paper, using the Support at [email protected] your submission. The Commission FERC Online links at http:// or toll free at (866) 208–3676, or for encourages electronic filing of www.ferc.gov. To facilitate electronic TTY, contact (202) 502–8659. The comments and has dedicated eFiling service, persons with Internet access eLibrary link also provides access to the expert staff available to assist you at who will eFile a document and/or be texts of formal documents issued by the (202) 502–8258 or [email protected]. listed as a contact for an intervenor Commission, such as orders, notices, (1) You may file your comments must create and validate an and rulemakings. electronically by using the eComment In addition, the Commission offers a eRegistration account using the feature, which is located on the free service called eSubscription which eRegistration link. Select the eFiling Commission’s Web site at http:// allows you to keep track of all formal link to log on and submit the www.ferc.gov under the link to issuances and submittals in specific intervention or protests. Documents and Filings. An eComment Persons unable to file electronically is an easy method for interested persons 2 Interventions may also be filed electronically via should submit an original and 14 copies to submit brief, text-only comments on the Internet in lieu of paper. See the previous of the intervention or protest to the a project; discussion on filing comments electronically. Federal Energy Regulatory Commission,

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888 First Street, NE., Washington, DC SUPPLEMENTARY INFORMATION: Herndon, VA; and TEK Systems of 7437 20426. Race Road, 2nd Floor, Hanover, MD will I. General Information The filings in the above-referenced assist the Office of Pollution Prevention proceeding are accessible in the A. Does this notice apply to me? and Toxics (OPPT) in providing support Commission’s eLibrary system by This action is directed to the public for operations and maintenance for clicking on the appropriate link in the in general. This action may, however, be TSCA CBI Areas. above list. They are also available for of interest to all who manufacture, In accordance with 40 CFR 2.306(j), review in the Commission’s Public process, or distribute industrial EPA has determined that under EPA Reference Room in Washington, DC. chemicals. Since other entities may also contract number GS–35F–4381G, Task There is an eSubscription link on the be interested, the Agency has not Order Number 1661, CSC and Its Web site that enables subscribers to attempted to describe all the specific Identified Subcontractors will require receive e-mail notification when a entities that may be affected by this access to CBI under all sections of TSCA document is added to a subscribed action. If you have any questions to perform successfully the duties docket(s). For assistance with any FERC regarding the applicability of this action specified under the contract. CSC and Online service, please e-mail to a particular entity, consult the Its Identified Subcontractors’ personnel [email protected] or call technical person listed under FOR will be given access to information (866) 208–3676 (toll free). For TTY, call FURTHER INFORMATION CONTACT. submitted to EPA under all sections of (202) 502–8659. TSCA. Some of the information may be Dated: June 20, 2011. B. How can I get copies of this document claimed or determined to be CBI. and other related information? Kimberly D. Bose, EPA is issuing this notice to inform all submitters of information under all Secretary. EPA has established a docket for this action under docket identification (ID) sections of TSCA that EPA may provide [FR Doc. 2011–15859 Filed 6–23–11; 8:45 am] CSC and Its Identified Subcontractors BILLING CODE 6717–01–P number EPA–HQ–OPPT–2003–0004. All documents in the docket are listed access to these CBI materials on a need- in the docket index available at http:// to-know basis only. All access to TSCA www.regulations.gov. Although listed in CBI under this contract will take place ENVIRONMENTAL PROTECTION the index, some information is not at EPA Headquarters and the Research AGENCY publicly available, e.g., CBI or other Triangle Park’s site located in RTP, NC, in accordance with EPA’s TSCA CBI [EPA–HQ–OPPT–2003–0004; FRL–8879–4] information whose disclosure is restricted by statute. Certain other Protection Manual. Access to Confidential Business material, such as copyrighted material, Access to TSCA data, including CBI, Information by Computer Sciences will be publicly available only in hard will continue until September 30, 2016. Corporation and Its Identified copy. Publicly available docket If the contract is extended, this access Subcontractors materials are available electronically at will also continue for the duration of the http://www.regulations.gov, or, if only extended contract without further AGENCY: Environmental Protection available in hard copy, at the OPPT notice. Agency (EPA). Docket. The OPPT Docket is located in CSC and Its Identified Subcontractors’ ACTION: Notice. the EPA Docket Center (EPA/DC) at Rm. personnel will be required to sign 3334, EPA West Bldg., 1301 nondisclosure agreements and will be SUMMARY: EPA has authorized its Constitution Ave., NW., Washington, briefed on appropriate security contractor, Computer Sciences DC. The EPA/DC Public Reading Room procedures before they are permitted Corporation of Chantilly, VA and Its hours of operation are 8:30 a.m. to 4:30 access to TSCA CBI. Identified Subcontractors, to access p.m., Monday through Friday, excluding information which has been submitted List of Subjects legal holidays. The telephone number of to EPA under all sections of the Toxic the EPA/DC Public Reading Room is Environmental protection, Substances Control Act (TSCA). Some of (202) 566–1744, and the telephone Confidential business information. the information may be claimed or number for the OPPT Docket is (202) Dated: June 20, 2011. determined to be Confidential Business 566–0280. Docket visitors are required Mario Carabillo, Information (CBI). to show photographic identification, Acting Director, Information Management DATES: Access to the confidential data pass through a metal detector, and sign Division, Office of Pollution Prevention and will occur no sooner than July 1, 2011. the EPA visitor log. All visitor bags are Toxics. FOR FURTHER INFORMATION CONTACT: For processed through an X-ray machine [FR Doc. 2011–15886 Filed 6–23–11; 8:45 am] technical information contact: Pamela and subject to search. Visitors will be BILLING CODE 6560–50–P Moseley, Information Management provided an EPA/DC badge that must be Division (7407M), Office of Pollution visible at all times in the building and Prevention and Toxics, Environmental returned upon departure. ENVIRONMENTAL PROTECTION Protection Agency, 1200 Pennsylvania AGENCY Ave., NW., Washington, DC 20460– II. What action is the agency taking? 0001; telephone number: (202) 564– Under EPA contract number GS–35F– [ER–FRL–8997–6] 8956; fax number: (202) 564–8955; 4381G, Task Order Number 1661, Environmental Impacts Statements; e-mail address: contractor CSC of 15000 Conference Notice of Availability [email protected]. Center Drive, Chantilly, VA; and Its For general information contact: The Identified Subcontractors, Blue Canopy Responsible Agency: Office of Federal TSCA-Hotline, ABVI-Goodwill, 422 of 11710 Plaza America Drive, Suite Activities, General Information (202) South Clinton Ave., Rochester, NY 950, Reston, VA; Excel Systems 564–1399 or http://www.epa.gov/ 14620; telephone number: (202) 554– Consultants of 691 N. High Street, 2nd compliance/nepa/. 1404; e-mail address: TSCA- Floor, Columbus, OH; KForce, Inc. of Weekly receipt of Environmental Impact [email protected]. 12010 Sunset Hills Rd, Suite 200, Statements

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Filed 06/13/2011 Through 06/17/2011 Period Ends: 08/08/2011, Contact: Period Ends: 07/25/2011, Contact: Pursuant to 40 CFR 1506.9. Stephanie Breeden 503–230–5192. Angel Jackson 202–366–0154. EIS No. 20110192, Draft EIS, USFS, NC, Notice Uwharrie National Forest, Proposed Amended Notices In accordance with Section 309(a) of Land and Resource Management EIS No. 20110117, Final EIS, BLM, CA, the Clean Air Act, EPA is required to Resource Plan, Implementation, First Solar Desert Sunlight Solar Farm make its comments on EISs issued by Montgomery, Randolph and Davidson (DSSF) Project, Proposing To Develop other Federal agencies public. Counties, NC, Comment Period Ends: a 550-Megawatt Photovoltaic Solar Historically, EPA met this mandate by 09/21/2011, Contact: Ruth Berner Project, Also Proposes to Facilitate the publishing weekly notices of availability 823–257–4862. Construction and Operation of the of EPA comments, which includes a EIS No. 20110193, Final EIS, USAF, FL, Red Bluff Substation, California brief summary of EPA’s comment Eglin Air Force Base (AFB) and Desert Conservation Area (CDCA letters, in the Federal Register. Since Hurlburt Field, Proposes to Plan, Riverside County, CA, Contact: February 2008, EPA has included its Implement the Military Housing Allison Shaffer 760–833–7104 The comment letters on EISs on its Web site Privatization Initiative (MHPI), FL, U.S. Department of Energy, has at: http://www.epa.gov/compliance/ Review Period Ends: 07/25/2011, ADOPTED the U.S. Department of nepa/eisdata.html. Including the entire Contact: Mike Spaits 850–882–2836. Interior, Bureau of Land Management EIS comment letters on the Web site EIS No. 20110194, Draft EIS, USACE, FEIS #20110117, filed on 04/08/2011. satisfies the Section 309(a) requirement LA, Louisiana Coastal Area Barataria DOE was a Cooperating Agency for to make EPA’s comments on EISs Basin Barrier Shoreline Restoration, the above project. Recirculation of the available to the public. Accordingly, on To Restore the Barrier Shoreline FEIS is not necessary under 40 CFR March 31, 2010, EPA discontinued the Ecosystem and Significantly Reduce 1506.3(c). the Loss of Estuarine and Freshwater publication of the notice of availability Dated: June 21, 2011. of EPA comments in the Federal Wetlands, Caminada Headland in Lafourche and Jefferson Parishes and Cliff Rader, Register. Shell Islands in Plaguemines Parish, Acting Director, NEPA Compliance Division, EIS No. 20110188, Draft EIS, FHWA, LA, Comment Period Ends: 08/08/ Office of Federal Activities. TX, TX–99/Grand Parkway 2011, Contact: Dr. William P. Klein, [FR Doc. 2011–15887 Filed 6–23–11; 8:45 am] Improvement Project, Segment H and Jr. 504–862–2540. BILLING CODE 6560–50–P I–1, from United States Highway (US) EIS No. 20110195, Draft EIS, BOP, 00, 59 (N) to Interstate Highway (IH) 10 Criminal Alien Requirement (CAR) 12 (E), Transportation Improvement, Procurement Project, To Award a ENVIRONMENTAL PROTECTION Right-of-Way Permit, Montgomery, Contract to House a Population of AGENCY Harris, Liberty and Chambers Approximately 1,750 Federal, Low- Counties, TX, Comment Period Ends: Security Adult Male Criminal Alien [FRL–9324–2] 09/21/2011, Contact: Daniel Mott in a Contractor Owned and Operated 512–536–5964. Facility, Possible Site Selection: National Advisory Council for EIS No. 20110189, Draft EIS, USFS, MO, McRae Correctional Facility, McRae, Environmental Policy and Technology Integrated Non-Native Plant Control Georgia, Great Plains Correctional AGENCY: Project, Proposes a Forest-Wide Facility, Hinton, Oklahoma and Scott Environmental Protection Integrated Management Strategy to County, Mississippi, Comment Period Agency (EPA). Control the Spread of Non-Native Ends: 08/08/2011, Contact: Richard A. ACTION: Notice of meeting. Invasive Plant Species (NNIP), Mark Cohn 202–514–6470. Twain National Forest in Portions of EIS No. 20110196, Final Supplement, SUMMARY: Under the Federal Advisory Barry, Bellinger, Boone, Butler, USACE, LA, New Orleans To Venice Committee Act, Public Law 92463, EPA Callaway, Carter, Christian, Crawford, (NOV), Federal Hurricane Protection gives notice of a public teleconference Dent, Douglas, Howell, Iron, Laclede, Levee. Restoring, Armoring and of the National Advisory Council for Madison, Oregon, Ozark, Phelps, Accelerating the Completion of the Environmental Policy and Technology Pulaski, Reynolds, Ripley, Shannon, Existing NOV, Plaquemines Parish, (NACEPT). NACEPT provides advice to Ste. Genevieve, St. Francois, Stone, LA, Review Period Ends: 07/25/2011, the EPA Administrator on a broad range Taney, Texas, Washington, Wayne Contact: Christopher Koeppel 601– of environmental policy, technology, and Wright Counties, MO, Comment 631–5410 and management issues. NACEPT Period Ends: 08/08/2011, Contact: EIS No. 20110197, Final EIS, NRC, AK, represents diverse interests from Becky Bryan 573–341–7436. Lost Creek In-Situ Uranium Recovery academia, industry, non-governmental EIS No. 20110190, Draft EIS, FRA, MS, (ISR) Project, Proposal to Construct, organizations, and local, state, and tribal Tupelo Railroad Relocation Planning Operate, Conduit Aquifer Restoration, governments. The purpose of this and Environmental Study, To and Decommission an In-Situ meeting is to discuss and approve Improve Mobility and Safety by Recovery (ISR) Uranium Milling NACEPT’s Second Advice Letter on Reducing Roadway Congestion, City Facility, Sweetwater County, WY, EPA Workforce Planning: Leadership of Tupelo, MS, Comment Period Ends: Review Period Ends: 07/25/2011, Capabilities and Culture for ‘‘One EPA’’ 08/08/2011, Contact: John Winkle Contact: Alan B. Bjornsen 301–415– and Strategies to Obtain and Retain 202–493–6067. 1195. Scientific and Technical Expertise. A EIS No. 20110191, Draft EIS, BPA, WA, EIS No. 20110198, Final EIS, NHTSA, copy of the agenda for the meeting will Mid-Columbia Coho Restoration 00, Medium-and Heavy-Duty Fuel be posted at http://www.epa.gov/ Program. Proposes to Fund the Efficiency Improvement Program, ofacmo/nacept/cal-nacept.htm. Construction Operation and Proposing Coordinated and DATES: NACEPT will hold a public Maintenance of the Program to help Harmonized Fuel Consumption and teleconference on Monday, July 11, Mitigate for Anadromous Fish, Greenhouse Gas (GHG) Emissions 2011, from 11 a.m.–12:30 p.m. Eastern Okanogan Counties, WA, Comment Standards, United States, Review Daylight Time.

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ADDRESSES: The meeting will be held in person shall be subject to any penalty under review appears, look for the OMB the U.S. EPA East Building, 1201 for failing to comply with a collection control number of this ICR and then Constitution Ave., NW., Room 1132, of information subject to the PRA that click on the ICR Reference Number. A Washington, DC 20004. does not display a valid control number. copy of the FCC submission to OMB FOR FURTHER INFORMATION CONTACT: Comments are requested concerning (a) will be displayed. Megan Moreau, Acting Designated Whether the proposed collection of SUPPLEMENTARY INFORMATION: Federal Officer, information is necessary for the proper OMB Control Number: 3060–0795. [email protected], (202) 564– performance of the functions of the Title: Associated WTB and/or PSHSB 5320, U.S. EPA, Office of Federal Commission, including whether the Call Signs and Antenna Structure Advisory Committee Management and information shall have practical utility; Registration Numbers with Licensee’s Outreach (1601M), 1200 Pennsylvania (b) the accuracy of the Commission’s FRN. Avenue, NW, Washington, DC 20460. burden estimate; (c) ways to enhance Form No.: FCC Form 606. SUPPLEMENTARY INFORMATION: Requests the quality, utility, and clarity of the Type of Review: Extension of a to make oral comments or to provide information collected; (d) ways to currently approved collection. written comments to NACEPT should be minimize the burden of the collection of Respondents: Individuals or sent to Megan Moreau, Acting information on the respondents, households, business or other for-profit, Designated Federal Officer, at the including the use of automated not-for-profit institutions, and State, collection techniques or other forms of contact information above by local or Tribal government. information technology; and (e) ways to Wednesday, July 6, 2011. The public is Number of Respondents: 43,000 further reduce the information welcome to attend all portions of the respondents; 43,000 responses. collection burden on small business meeting, but seating is limited and is Estimated Time per Response: .25 concerns with fewer than 25 employees. hours. allocated on a first-come, first-serve The FCC may not conduct or sponsor Frequency of Response: On occasion basis. Members of the public wishing to a collection of information unless it reporting requirement and third party gain access to the conference room on displays a currently valid control disclosure requirement. the day of the meeting must contact number. No person shall be subject to Obligation to Respond: Required to Megan Moreau at (202) 564–5320 or any penalty for failing to comply with obtain or retain benefits. Statutory [email protected] by July 6, 2011. a collection of information subject to the authority for this information collection Meeting Access: For information on PRA that does not display a valid Office access or services for individuals with of Management and Budget (OMB) is contained in Debt Collection disabilities, please contact Megan control number. Improvement Act of 1996 (DCIA). Moreau at (202) 564–5320 or Total Annual Burden: 10,750 hours. DATES: Written comments should be [email protected]. To request Total Annual Cost: N/A. submitted on or before July 25, 2011. If accommodation of a disability, please Privacy Act Impact Assessment: Yes. you anticipate that you will be contact Megan Moreau, preferably at Records may include information about submitting comments, but find it least 10 days prior to the meeting, to individuals or households, e.g., difficult to do so within the period of give EPA as much time as possible to personally identifiable information or time allowed by this notice, you should process your request. PII, and the use(s) and disclosure of this advise the contacts below as soon as Dated: June 20, 2011. information is governed by the possible. requirements of a system of records Megan Moreau, ADDRESSES: Direct all PRA comments to notice or ‘SORN’, FCC/WTB–1, Acting Designated Federal Officer. Nicholas A. Fraser, OMB, via fax 202– ‘‘Wireless Services Licensing Records.’’ [FR Doc. 2011–15948 Filed 6–23–11; 8:45 am] 395–5167, or via e-mail There are no additional impacts under BILLING CODE 6560–50–P [email protected]; and the Privacy Act. to Cathy Williams, FCC, via e-mail Nature and Extent of Confidentiality: [email protected] and to In general, there is no need for FEDERAL COMMUNICATIONS [email protected]. Include in the confidentiality. On a case-by-case basis, COMMISSION comments the OMB control number as the Commission may be required to shown in the SUPPLEMENTARY withhold from public disclosure certain Information Collections Being INFORMATION section below. information about the location, Submitted for Review and Approval to FOR FURTHER INFORMATION CONTACT: For character, or ownership of a historic the Office of Management and Budget additional information or copies of the property, including traditional religious AGENCY: Federal Communications information collection, contact Cathy sites. Commission. Williams at (202) 418–2918. To view a Needs and Uses: The Commission ACTION: Notice and request for copy of this information collection will submit this expiring information comments. request (ICR) submitted to OMB: (1) Go collection to the Office of Management to the Web page http://www.reginfo.gov/ and Budget (OMB) after this 60-day SUMMARY: The Federal Communications public/do/PRAMain, (2) look for the comment period in order to obtain the Commission (FCC), as part of its section of the Web page called full three year clearance from them. The continuing effort to reduce paperwork ‘‘Currently Under Review,’’ (3) click on Commission is requesting OMB burdens, invites the general public and the downward-pointing arrow in the approval for an extension (no change in other Federal agencies to take this ‘‘Select Agency’’ box below the the reporting and/or third party opportunity to comment on the ‘‘Currently Under Review’’ heading, (4) disclosure requirements). following information collection, as select ‘‘Federal Communications Licensees use FCC Form 606 to required by the Paperwork Reduction Commission’’ from the list of agencies associate their FCC Registration Number Act (PRA) of 1995. An agency may not presented in the ‘‘Select Agency’’ box, (FRN) with their Wireless conduct or sponsor a collection of (5) click the ‘‘Submit’’ button to the Telecommunications Bureau and/or information unless it displays a right of the ‘‘Select Agency’’ box, (6) Public Safety and Homeland Security currently valid control number. No when the list of FCC ICRs currently Bureau call signs and antenna structure

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registration numbers. The form must be By order of the Federal Open Market DEPARTMENT OF HEALTH AND submitted before filing any subsequent Committee, May 19, 2011. HUMAN SERVICES applications associated with the existing William B. English, license or antenna structure registration Secretary, Federal Open Market Committee. Determination Concerning a Petition To Add a Class of Employees to the that is not associated with an FCC [FR Doc. 2011–15736 Filed 6–23–11; 8:45 am] Registration Number (FRN). Special Exposure Cohort The information collected in the FCC BILLING CODE 6210–01–P AGENCY: Form 606 is used to populate the National Institute for Universal Licensing System (ULS) with Occupational Safety and Health FEDERAL RESERVE SYSTEM the FRNs of licensees and antenna (NIOSH), Department of Health and Human Services (HHS). structure registration owners who Formations of, Acquisitions by, and interact with ULS. ACTION: Notice. Mergers of Bank Holding Companies Federal Communications Commission. SUMMARY: HHS gives notice of a Marlene H. Dortch, The companies listed in this notice determination concerning a petition to Secretary, Office of the Secretary, Office of have applied to the Board for approval, add a class of employees from the Linde Managing Director. pursuant to the Bank Holding Company Ceramics Plant in Tonawanda, New [FR Doc. 2011–15766 Filed 6–23–11; 8:45 am] Act of 1956 (12 U.S.C. 1841 et seq.) York, to the Special Exposure Cohort BILLING CODE 6712–01–P (BHC Act), Regulation Y (12 CFR part (SEC) under the Energy Employees 225), and all other applicable statutes Occupational Illness Compensation and regulations to become a bank Program Act of 2000 (EEOICPA), 42 FEDERAL RESERVE SYSTEM holding company and/or to acquire the U.S.C. 7384q. On June 3, 2011, the assets or the ownership of, control of, or Secretary of HHS determined that the Federal Open Market Committee; the power to vote shares of a bank or following class of employees does not Domestic Policy Directive of April 26– bank holding company and all of the meet the statutory criteria for addition 27, 2011 to the SEC as authorized under banks and nonbanking companies EEOICPA: In accordance with Section 271.25 of owned by the bank holding company, its rules regarding availability of including the companies listed below. All Department of Energy employees and Atomic Weapons Employees who worked at information (12 CFR part 271), there is The applications listed below, as well set forth below the domestic policy the Linde Ceramics Plant in Tonawanda, as other related filings required by the New York, during the period from January 1, directive issued by the Federal Open Board, are available for immediate 1970 through July 31, 2006. Market Committee at its meeting held inspection at the Federal Reserve Bank on April 26–27, 2011.1 FOR FURTHER INFORMATION CONTACT: The Federal Open Market Committee indicated. The application also will be Stuart L. Hinnefeld, Director, Division seeks monetary and financial conditions available for inspection at the offices of of Compensation Analysis and Support, that will foster price stability and the Board of Governors. Interested National Institute for Occupational promote sustainable growth in output. persons may express their views in Safety and Health (NIOSH), 4676 To further its long-run objectives, the writing on the standards enumerated in Columbia Parkway, MS C–46, Committee seeks conditions in reserve the BHC Act (12 U.S.C. 1842(c)). If the Cincinnati, OH 45226, Telephone markets consistent with federal funds proposal also involves the acquisition of 1–877–222–7570. Information requests trading in a range from 0 to 1⁄4 percent. a nonbanking company, the review also can also be submitted by e-mail to The Committee directs the Desk to includes whether the acquisition of the [email protected]. execute purchases of longer-term nonbanking company complies with the John Howard, Treasury securities in order to increase standards in section 4 of the BHC Act Director, National Institute for Occupational the total face value of domestic (12 U.S.C. 1843). Unless otherwise Safety and Health. securities held in the System Open noted, nonbanking activities will be [FR Doc. 2011–15820 Filed 6–23–11; 8:45 am] Market Account to approximately $2.6 conducted throughout the United States. trillion by the end of June 2011. The BILLING CODE 4163–19–P Unless otherwise noted, comments Committee also directs the Desk to regarding each of these applications reinvest principal payments from must be received at the Reserve Bank DEPARTMENT OF HEALTH AND agency debt and agency mortgage- HUMAN SERVICES backed securities in longer-term indicated or the offices of the Board of Governors not later than July 20, 2011. Treasury securities. The System Open Determination Concerning a Petition Market Account Manager and the A. Federal Reserve Bank of St. Louis To Add a Class of Employees to the Secretary will keep the Committee (Glenda Wilson, Community Affairs Special Exposure Cohort informed of ongoing developments Officer) P.O. Box 442, St. Louis, regarding the System’s balance sheet Missouri 63166–2034: AGENCY: National Institute for that could affect the attainment over Occupational Safety and Health 1. Alton Bancshares, Inc., Alton, (NIOSH), Department of Health and time of the Committee’s objectives of Missouri, to acquire 100 percent of First maximum employment and price Human Services (HHS). Community Bank of the Ozarks, stability. ACTION: Notice. Branson, Missouri. SUMMARY: 1 Copies of the Minutes of the Federal Open Board of Governors of the Federal Reserve HHS gives notice of a Market Committee at its meeting held on April 26– System, June 21, 2011. determination concerning a petition to 27, 2011, which includes the domestic policy add a class of employees from the Dow Robert deV. Frierson, directive issued at the meeting, are available upon Chemical Company in Madison, Illinois, request to the Board of Governors of the Federal Deputy Secretary of the Board. Reserve System, Washington, DC 20551. The to the Special Exposure Cohort (SEC) [FR Doc. 2011–15830 Filed 6–23–11; 8:45 am] minutes are published in the Federal Reserve under the Energy Employees Bulletin and in the Board’s Annual Report. BILLING CODE 6210–01–P Occupational Illness Compensation

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Program Act of 2000 (EEOICPA), of Compensation Analysis and Support, DEPARTMENT OF HEALTH AND 42 U.S.C. 7384q. On June 3, 2011, the National Institute for Occupational HUMAN SERVICES Secretary of HHS determined that the Safety and Health (NIOSH), 4676 following class of employees does not Columbia Parkway, MS C–46, Determination Concerning a Petition meet the statutory criteria for addition Cincinnati, OH 45226, Telephone To Add a Class of Employees to the to the SEC as authorized under 1–877–222–7570. Information requests Special Exposure Cohort EEOICPA: can also be submitted by e-mail to AGENCY: National Institute for [email protected]. All Atomic Weapons Employees who Occupational Safety and Health worked at Dow Chemical Company in John Howard, (NIOSH), Department of Health and Madison, Illinois, from January 1, 1961 Human Services (HHS). through November 30, 2007. Director, National Institute for Occupational Safety and Health. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–15826 Filed 6–23–11; 8:45 am] Stuart L. Hinnefeld, Director, Division SUMMARY: HHS gives notice of a of Compensation Analysis and Support, BILLING CODE 4163–19–P determination concerning a petition to National Institute for Occupational add a class of employees from the Wah Safety and Health (NIOSH), 4676 DEPARTMENT OF HEALTH AND Chang facility in Albany, Oregon, to the Columbia Parkway, MS C–46, HUMAN SERVICES Special Exposure Cohort (SEC) under Cincinnati, OH 45226, Telephone 1– the Energy Employees Occupational 877–222–7570. Information requests can Determination Concerning a Petition Illness Compensation Program Act of also be submitted by e-mail to To Add a Class of Employees to the 2000 (EEOICPA), 42 U.S.C. 7384q. On [email protected]. Special Exposure Cohort June 3, 2011, the Secretary of HHS determined that the following class of John Howard, AGENCY: National Institute for employees does not meet the statutory Director, National Institute for Occupational criteria for addition to the SEC as Safety and Health. Occupational Safety and Health authorized under EEOICPA: [FR Doc. 2011–15821 Filed 6–23–11; 8:45 am] (NIOSH), Department of Health and Human Services (HHS). All Atomic Weapons Employees who BILLING CODE 4163–19–P worked in any building at the Wah Chang ACTION: Notice. facility in Albany, Oregon, for the entire residual contamination period from January DEPARTMENT OF HEALTH AND SUMMARY: HHS gives notice of a 1, 1973, through October 31, 2009. HUMAN SERVICES determination concerning a petition to FOR FURTHER INFORMATION CONTACT: Determination Concerning a Petition add a class of employees from the Bliss Stuart L. Hinnefeld, Director, Division To Add a Class of Employees to the & Laughlin Steel Company located at of Compensation Analysis and Support, Special Exposure Cohort 110 Hopkins Street, Buffalo, New York, National Institute for Occupational to the Special Exposure Cohort (SEC) Safety and Health (NIOSH), 4676 AGENCY: National Institute for under the Energy Employees Columbia Parkway, MS C–46, Occupational Safety and Health Occupational Illness Compensation Cincinnati, OH 45226, Telephone 1– (NIOSH), Department of Health and Program Act of 2000 (EEOICPA), 42 877–222–7570. Information requests can Human Services (HHS). U.S.C. 7384q. On June 3, 2011, the also be submitted by e-mail to ACTION: Notice. Secretary of HHS determined that the [email protected]. following class of employees does not SUMMARY: HHS gives notice of a meet the statutory criteria for addition John Howard, determination concerning a petition to to the SEC as authorized under Director, National Institute for Occupational add a class of employees from the EEOICPA: Safety and Health. Chapman Valve Manufacturing All Atomic Weapons Employees who [FR Doc. 2011–15827 Filed 6–23–11; 8:45 am] Company (i.e., Building 23 and Dean worked at the Bliss & Laughlin Steel BILLING CODE 4163–19–P Street facility) in Indian Orchard, Company located at 110 Hopkins Street, Massachusetts, to the Special Exposure Buffalo, New York, for the period from Cohort (SEC) under the Energy January 1, 1951, through December 31, 1952, DEPARTMENT OF HEALTH AND Employees Occupational Illness and/or during the residual period from HUMAN SERVICES Compensation Program Act of 2000 January 1, 1953, through December 31, 1998. (EEOICPA), 42 U.S.C. 7384q. On June 3, Agency for Healthcare Research and 2011, the Secretary of HHS determined FOR FURTHER INFORMATION CONTACT: Quality that the following class of employees Stuart L. Hinnefeld, Director, Division Agency Information Collection does not meet the statutory criteria for of Compensation Analysis and Support, addition to the SEC as authorized under Activities: Proposed Collection; National Institute for Occupational Comment Request EEOICPA: Safety and Health (NIOSH), 4676 All Atomic Weapons Employees who were Columbia Parkway, MS C–46, AGENCY: Agency for Healthcare Research monitored, or should have been monitored Cincinnati, OH 45226, Telephone 1– and Quality, HHS. for radiological exposures while performing 877–222–7570. Information requests can ACTION: Notice. Atomic Energy Commission work at the also be submitted by e-mail to Chapman Valve Manufacturing Company [email protected]. SUMMARY: This notice announces the (i.e., Building 23 and Dean Street facility) in intention of the Agency for Healthcare Indian Orchard, Massachusetts, from January John Howard, Research and Quality (AHRQ) to request 1, 1948 through December 31, 1949, and from Director, National Institute for Occupational that the Office of Management and January 1, 1991 through December 31, 1993. Safety and Health. Budget (OMB) approve the proposed FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–15833 Filed 6–23–11; 8:45 am] information collection project: ‘‘Patient Stuart L. Hinnefeld, Director, Division BILLING CODE 4163–19–P Safety Organization Certification for

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Initial Listing and Related Forms, voluntarily by health care providers. By includes information that could Patient Safety Confidentiality Complaint analyzing substantial amounts of patient improve patient safety, health care Form, and Common Formats.’’ In safety event information across multiple quality, or health care outcomes and (1) accordance with the Paperwork institutions, PSOs will be able to is assembled or developed by a provider Reduction Act, 44 U.S.C. 3501–3521, identify patterns of failures and propose for reporting to a PSO and is reported AHRQ invites the public to comment on measures to eliminate or reduce patient to a PSO or (2) is developed by a PSO this proposed information collection. safety risks and hazards. for the conduct of patient safety This proposed information collection In order to implement the Patient activities. Civil money penalties may be was previously published in the Federal Safety Act, the Department of Health imposed for knowing or reckless Register on April 18th, 2011 and and Human Services (HHS) issued the impermissible disclosures of PSWP. allowed 60 days for public comment. No Patient Safety and Quality Improvement AHRQ implements and administers the comments were received. The purpose Final Rule (hereafter the Patient Safety rest of the Patient Safety Act’s of this notice is to allow an additional Rule), 42 CFR part 3, which became provisions. 30 days for public comment. effective on January 19, 2009. The Pursuant to 42 CFR 3.102, an entity DATES: Comments on this notice must be Patient Safety Rule establishes a that seeks to be listed as a PSO by the received by July 25, 2011. framework by which hospitals, doctors, Secretary must certify that it meets and other health care providers may certain requirements and, upon listing, ADDRESSES: Written comments should voluntarily report information to PSOs, will meet other criteria. To remain listed be submitted to: AHRQ’s OMB Desk on a privileged and confidential basis, for renewable three-year periods, a PSO Officer by fax at (202) 395–6974 for the aggregation and analysis of must recertify that it meets these (attention: AHRQ’s desk officer) or by e- _ patient safety events. In addition, the obligations and will continue to meet mail at OIRA [email protected] Patient Safety Rule outlines the them while listed. The Patient Safety (attention: AHRQ’s desk officer). requirements that entities must meet to Act and Patient Safety Rule also impose Copies of the proposed collection become PSOs and the process by which other obligations, discussed below, that plans, data collection instruments, and the Secretary of HHS (hereafter the a PSO must meet to remain listed. In specific details on the estimated burden Secretary) will review and accept order for the Secretary to administer the can be obtained from the AHRQ Reports certifications and list PSOs. Patient Safety Act and Rule, the entities Clearance Officer. In addition to the Patient Safety Act seeking to be listed and to remain listed FOR FURTHER INFORMATION CONTACT: and the Patient Safety Rule, HHS issued must complete the proposed forms Doris Lefkowitz, AHRQ Reports Guidance Regarding Patient Safety attached hereto. Clearance Officer, (301) 427–1477, or by Organizations’ Reporting Obligations e-mail at and the Patient Safety and Quality Method of Collection [email protected]. Improvement Act of 2005 (hereafter With this submission, AHRQ is SUPPLEMENTARY INFORMATION: Guidance) on December 30, 2010. The requesting approval of the following Guidance addresses questions that have proposed administrative forms: Proposed Project arisen regarding the obligations of PSOs 1. PSO Certification for Initial Listing Patient Safety Organization where they or the organization of which Form. This form, which is to be Certification for Initial Listing and they are a part are legally obligated completed by an entity seeking to be Related Forms, Patient Safety under the Federal Food, Drug, and listed by the Secretary as a PSO for an Confidentiality Complaint Form, and Cosmetic Act (FDCA) and its initial three-year period, contains Common Formats implementing regulations to report certifications that the entity meets the certain information to the Food and requirements for listing as a PSO, in The Patient Safety and Quality Drug Administration (FDA) and to accordance with 42 U.S.C. 299b–24(a)(1) Improvement Act of 2005 (hereafter the provide FDA with access to its records, and 42 CFR 3.102. Patient Safety Act), 42 U.S.C. 299b–21 including access during an inspection of 2. PSO Certification for Continued to 299b–26, was enacted in response to its facilities. This Guidance applies to Listing Form. In accordance with growing concern about patient safety in all entities that seek to be or are PSOs 42 U.S.C. 299b–24(a)(2) and the Patient the United States and the Institute of or component PSOs that have Safety Rule, this form is to be completed Medicine’s 1999 report, To Err is mandatory FDA-reporting obligations by a listed PSO seeking continued Human: Building a Safer Health System. under the FDCA and its implementing listing as a PSO by the Secretary for an The goal of the statute is to improve regulations (‘‘FDA-regulated reporting additional three year period. patient safety by providing an incentive entities’’) or are organizationally related 3. PSO Two Bona Fide Contracts for health care providers to work to such FDA-regulated reporting entities Requirement Certification Form. To voluntarily with experts in patient (e.g., parent organizations, subsidiaries, remain listed, a PSO must have safety to reduce risks and hazards to the sibling organizations). contracts with more than one provider, safety and quality of patient care. The When PSOs meet the requirements of within successive 24 month periods, Patient Safety Act signifies the Federal the Patient Safety Act, the information beginning with the date of its initial Government’s commitment to fostering collected and the analyses and listing. 42 U.S.C. 299(b)(1)(C). This form a culture of patient safety among health deliberations regarding the information is to be used by a PSO to certify whether care providers; it offers a mechanism for receive Federal confidentiality and it has met this requirement. creating an environment in which the privilege protections under this 4. PSO Disclosure Statement Form. A causes of risks and hazards to patient legislation. The Secretary delegated PSO must submit this form when it (i) safety can be thoroughly and honestly authority to the Director of the Office for has a Patient Safety Act contract with- examined and discussed without fear of Civil Rights (OCR) to enforce the a health care provider and (ii) it has penalties and liabilities. It provides for confidentiality protections of the Patient financial, reporting, and contractual the voluntary formation of Patient Safety Act. 71 FR 28701–28702 (May 17, relationships with that contracting Safety Organizations (PSOs) that can 2006). OCR is responsible for enforcing provider or is not independent of that collect, aggregate, and analyze protections regarding patient safety contracting provider. 42 U.S.C. 299b–24; confidential information reported work product (PSWP), which generally 42 CFR 3.102(d)(2).

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5. PSO Information Form. This form provide the requested information. The respondents annually and thus gathers information on PSOs and the total burden hours are estimated to be presumably overestimating respondent type of healthcare providers and settings 75,764 hours annually and the total cost burden. The average annual burden that they are working with to conduct burden is estimated to be $2,538,852 estimate of 21 hours for the collection patient safety activities in order to annually. of information requested by the improve patient safety. It is designed to disclosure form is based upon an PSO Certification for Initial Listing collect a minimum level of data estimated three hours per response. This Form necessary to develop aggregate statistics information collection takes place when relating to the Patient Safety Act, The average annual burden for the a PSO first reports having any of the including types of institutions collection of information requested by specified types of additional participating and their general location the certification forms for initial listing relationships with a health care in the US. This information will be is based upon a total average estimate of provider with which it has a contract to included in AHRQ’s annual quality 15 respondents per year and an carry out patient safety activities. report, as required by 42 U.S.C. 299b– estimated time of 18 hours per response. Information Form 23(c). This collection of information takes OCR is requesting approval of the place on an ongoing basis. The overall annual burden estimate of following administrative form: 240 hours for the collection of Certification for Continued Listing Patient Safety Confidentiality information requested by the PSO Form Complaint Form. The purpose of this Information Form is based upon an collection is to allow OCR to collect the The average annual burden for the estimate of 80 respondents per year and minimum information needed from collection of information requested by an estimated three hours per response. individuals filing patient safety the certification form for continued This information collection will begin confidentiality complaints with our listing is based upon the estimate that in 2011; newly listed PSOs will first office so that we have a basis for initial 90% of the listed PSOs during the 3 report in the calendar year after their processing of those complaints. years of this clearance, or 24 PSOs listing by the HHS Secretary. In addition, AHRQ is requesting annually, will submit forms with an Patient Safety Confidentiality approval for a set of common definitions estimated time of eight hours per Complaint Form and reporting formats (hereafter response. The Certification for Common Formats). Pursuant to Continued Listing Form will be The overall annual burden estimate of 42 U.S.C. 299b–23(b), AHRQ completed by any interested PSO at 1 hour for the collection of information coordinates the development of the least 75 days before the end of its requested by the form is based on an Common Formats that allow PSOs and current three-year listing period. estimate of two respondents per year health care providers to voluntarily and an estimated 20 minutes per Two Bona Fide Contracts Requirement collect and submit standardized response. OCR’s information collection Certification information regarding patient safety using this form will not begin until after events. The average annual burden for the there is at least one PSO receiving and collection of information requested by generating PSWP and there is an Estimated Annual Respondent Burden the two-contract requirement is based allegation of a violation of the statutory While there are a number of upon an estimate of 40 respondents per protection of PSWP. information collection forms described year and an estimated one hour per Common Formats below, they will be implemented at response. This collection of information different times and frequency due to the takes place when the PSO notifies the AHRQ estimates that 5% FTE of a voluntary nature of seeking listing as a Secretary that it has entered into two Patient Safety Manager at a hospital will PSO and using the Common Formats. contracts. be spent to administer the Common Exhibit 1 shows the estimated Formats, which is approximately 100 annualized burden hours for the Disclosure Statement Form hours a year. AHRQ estimates the respondent to provide the requested AHRQ assumes that only a small number of hospitals using Common information, and Exhibit 2 shows the percentage of entities will need to file a Formats in the first year as 500, then estimated annualized cost burden disclosure form. However, AHRQ is 750 in year 2, and 1000 in year 3, for associated with the respondents’ time to providing a high estimate of 7 an annual average of 750 over 3 years.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Number of responses Hours per Total burden Form respondents per response hours respondent

Patient Safety Organization Certification for Initial Listing Form ...... 15 1 18 270 Certification for Continued Listing Form ...... 24 1 8 192 Two Bona Fide Contracts Requirement Form ...... 40 1 1 40 Disclosure Statement Form ...... 7 1 3 21 Information Form ...... 80 1 3 240 Patient Safety Confidentiality Complaint Form ...... 2 1 20/60 1 Common Formats ...... 750 1 100 75,000

Total ...... 918 NA NA 75,764

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EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form Number of Total burden hourly wage Total cost respondents hours rate* burden

Certification for Initial Listing Form ...... 15 270 33.51 9,048 Certification for Continued Listing Form ...... 24 192 33.51 6,434 Two Bona Fide Contracts Requirement Form ...... 40 40 33.51 $1,340 Disclosure Statement Form ...... 7 21 33.51 704 Information Form ...... 80 240 33.51 8,042 Patient Safety Confidentiality Complaint Form ...... 2 1 33.51 34 Common Formats ...... 750 75,000 33.51 2,513,250

Total ...... 918 75,764 NA 2,538,852 * Based upon the mean of the hourly wages for healthcare practitioner and technical occupation, National Compensation Survey, May 2009, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’

Estimated Annual Costs to the Federal Dated: June 10, 2011. jobs in Retail, Wholesale and Government Carolyn M. Clancy, Warehouse industries. a. AHRQ Director. DATES: The public meeting will be held [FR Doc. 2011–15578 Filed 6–23–11; 8:45 am] 8 a.m. to 5 p.m., Eastern Daylight Time, The total cost to the Federal BILLING CODE 4160–90–M October 11 through 12, 2011. Government for the PSO forms and Place: Hyatt Regency Cincinnati, Common Formats is $1,737,390 per 151 West Fifth Street, Cincinnati, Ohio year, including project management and DEPARTMENT OF HEALTH AND 45202, telephone (513) 579–1234. support for the review and HUMAN SERVICES SUPPLEMENTARY INFORMATION: administration of the PSO forms and the Status: Attendance is limited only by development and maintenance of the Centers for Disease Control and the space available. The meeting room Common Formats. Prevention accommodates 225 people. If interested b. OCR in attending the meeting, please contact [Docket Number: NIOSH–243] the NIOSH Docket Office at Through an interagency agreement [email protected] or telephone (IAA), OCR provides management for Manual Materials Handling (MMH) (513)533–8611. Priority for attendance and support of the enforcement of the Workshop will be given to the Loss Prevention/ confidentiality protections of the Patient Safety representatives from businesses AGENCY: Safety Act and the Patient Safety Rule. National Institute for within the Retail, Wholesale and The cost of this IAA is approximately Occupational Safety and Health Warehouse industries. Other requests to $300,000 annually. (NIOSH) of the Centers for Disease attend the meeting will then be Control and Prevention (CDC), Request for Comments accommodated on a first-come basis. Department of Health and Human Registration and information on the In accordance with the Paperwork Services (HHS). Workshop can be found at the Reduction Act, comments on AHRQ’s ACTION: Notice of public meeting. University of Cincinnati Web site information collection are requested http://www.eh.uc.edu/MMHworkshop. with regard to any of the following: SUMMARY: The National Institute for Attendees: Industry/safety/loss (a) Whether the proposed collection of Occupational Safety and Health prevention representatives from the information is necessary for the proper (NIOSH) of the Centers for Disease Retail, Wholesale and Warehouse performance of AHRQ healthcare Control and Prevention (CDC) in industries who believe there should be research and healthcare information partnership with the University of a better way of moving materials and dissemination functions, including Cincinnati, Department of containers in their businesses. whether the information will have Environmental Health, will be holding a Manufacturers/vendors of MMH practical utility; (b) the accuracy of two-day Manual Materials Handling equipment who desire to partner with AHRQ’s estimate of burden (including (MMH) Workshop. The Workshop is a one or more Retail, Wholesale and hours and costs) of the proposed National Occupational Research Agenda Warehouse industries to explore/ collection(s) of information; (c) ways to (NORA) activity organized by the develop the next generation of MMH- enhance the quality, utility, and clarity Wholesale and Retail Trade Sector and assisted equipment. of the information to be collected; and the Transportation, Warehouse and Practitioners/researchers who seek to (d) ways to minimize the burden of the Utilities Sector. The MMH Workshop partner with businesses in collection of information upon the goal is to stimulate through roundtable implementing and evaluating MMH respondents, including the use of discussions the wider adoption of engineering solutions to lifting jobs in automated collection techniques or current, effective MMH equipment, and the Retail, Wholesale and Warehouse other forms of information technology. the development of the next generation industries. Comments submitted in response to of MMH equipment for the purposes of The public, insurance experts, this notice will be summarized and reducing both worker fatigue from Workers’ Compensation representatives, included in the Agency’s subsequent overexertion and strains/sprains, as well and government representatives who are request for OMB approval of the as improving overall efficiency. The interested in reducing the injuries proposed information collection. All purpose of MMH Workshop is to associated with manual lifting in jobs comments will become a matter of develop cost effective engineering found in the Retail, Wholesale and public record. solutions for manual materials handling Warehouse industries.

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Format: Roundtable panel discussion Conference Center Hotel Web site for practices in CHNA, implementation focusing on each of nine common, but additional information and directions to strategy/plan development and unique, Manual Materials Handling the facility: http:// execution, and the best practices jobs. www.emoryconferencecenter.com/map- development process. The meeting will Note: This workshop is not a sales event directions/. consist of panel presentations. nor will exhibits of any kind be allowed. Any Registration: HHS/CDC is working Participants attending the public forum attendees who attempt to use this meeting for with the National Network of Public will be invited to provide comment at sales purpose will be asked to leave. This Health Institutes (NNPHI) to manage on- the end of each panel discussion. meeting is about generating new ideas for line registration and provide logistical NNPHI will make every effort to make manual assist equipment that meets the support. Participants are encouraged to available to the public the final agenda needs of the business community identified preregister for the public forum. On-line as Retail, Wholesale and Warehousing. and panelists’ presentations two registration and a draft agenda are business days before the meeting. The FOR FURTHER INFORMATION CONTACT: available at: http://www.regonline.com/ final agenda and panelists’ Vern Anderson, NIOSH, MS–C14, 2011CHNAPublicForum. As space is presentations will be available at Robert A. Taft Laboratories, 4676 limited, registration is limited to the HTTP://WWW.REGONLINE.COM/ Columbia Parkway, Cincinnati, Ohio first 200 registrants. CDC and NNPHI 2011CHNAPUBLICFORUM. The agenda 45236, telephone (513)533–8319, E- will make every effort to accommodate is subject to change without notice. If mail: [email protected]. persons with physical disabilities or NNPHI is unable to post the Dated: June 15, 2011. special needs. If you require special presentations on the registration Web Tanya Popovic, accommodations due to a disability, site prior to the meeting, the material Deputy Associate Director for Science, please contact Anooj Pattnaik, Project will be made publicly available at the Centers for Disease Control and Prevention. Coordinator for NNPHI, at (504) 301– location of the meeting. [FR Doc. 2011–15840 Filed 6–23–11; 8:45 am] 9847 or via e-mail at Procedure: Oral comments from the [email protected] at least 7 days in BILLING CODE 4163–19–P public will be scheduled during public advance of the meeting. comment periods at the end of each FOR FURTHER INFORMATION CONTACT: panel discussion. Each commenter will DEPARTMENT OF HEALTH AND Simeon Niles, Office of Prevention be limited to 3–5 minutes. If the number HUMAN SERVICES Through Healthcare, Office of the of participants requesting to comment is Associate Director for Policy, Centers for greater than can be reasonably Centers for Disease Control and Disease Control and Prevention, 1600 accommodated, NNPHI may conduct a Prevention Clifton Road, NE., Atlanta, Georgia lottery to determine the speakers for the 30333; phone: (404) 639–7522. Development of Best Practices for scheduled public comment sessions. SUPPLEMENTARY INFORMATION: Community Health Needs Assessment As the Individuals interested in making formal and Implementation Strategy; Public principal Federal public health comments may submit their comments Forum authority, HHS/CDC intends to develop to the Office of Prevention through best practices in CHNA and Healthcare mailbox at: http:// AGENCY: Centers for Disease Control and implementation strategy development www.cdc.gov/policy/opth. Comments Prevention (CDC), Department of Health and execution for improved community must be submitted by 5 p.m. on July 20, and Human Services (HHS). health outcomes. These best practices 2011 and include ‘‘Best Practices ACTION: Notice of public meeting. are intended to support community Guidelines’’ in the subject line. health planning and implementation Dated: June 16, 2011. SUMMARY: The Centers for Disease activities, including national public Tanya Popovic, Control and Prevention (CDC), located health accreditation activities wherein within the Department of Health and state and local health departments must Deputy Associate Director for Science, Centers for Disease Control and Prevention. Human Services (HHS), will hold a conduct ‘‘community health public forum from July 11–13, 2011 on assessments’’ and develop community [FR Doc. 2011–15839 Filed 6–23–11; 8:45 am] processes relating to community health health improvement plans. Currently, BILLING CODE 4163–18–P needs assessment (CHNA) and there is considerable variation in CHNA implementation strategy/plan processes, and many available tools lack DEPARTMENT OF HEALTH AND development and execution. HHS/CDC standards to support their use in HUMAN SERVICES is developing best practices designed to fulfilling regulatory and accreditation support state and local health requirements. In addition, development departments to meet public health Centers for Disease Control and of best practices in CHNA may assist Prevention accreditation standards, and by other charitable hospital organizations to entities who may wish to utilize them conduct a CHNA and adopt an Interagency Committee on Smoking in their community health planning implementation strategy, as required by and Health, (ICSH) processes. This notice announces the Section 9007(a) of the Affordable Care public forum. Act (ACA) (Pub. L. 111–148). Additional In accordance with section 10(a)(2) of DATES: The public forum will be held information regarding the CHNA the Federal Advisory Committee Act on: Monday, July 11, 2011, from 1 to requirement is available at http:// (Pub. L. 92–463), the Centers for Disease 5:30 p.m. EST, Tuesday, July 12, 2011, www.irs.gov. Proceedings from this Control and Prevention (CDC), from 8 a.m. to 5 p.m. EST, and public forum will be compiled in a announces the following meeting of the Wednesday, July 13, 2011, from 8 a.m. report to serve as input to the best aformentioned committee: to 4 p.m. EST. practices guidelines which CDC intends Time and Date: 9 a.m.–4:30 p.m., July 28, ADDRESSES: The public forum will be to publish later this year. 2011. held at the Emory Conference Center Agenda: The meeting will include Place: Capital Hilton, Federal AB Rooms, Hotel, 1615 Clifton Road, Atlanta, GA presentations related to national public 1001 16th Street, NW., Washington, DC 30329. Please visit the Emory health accreditation standards, current 20036–5701, Telephone: (202) 393–1000.

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Status: Open to the public, limited only by DEPARTMENT OF HEALTH AND DFO at the address listed in the the space available. Those who wish to HUMAN SERVICES ADDRESSES section of this notice by the attend are encouraged to register with the date listed in the DATES section of this contact person listed below. If you will Centers for Medicare & Medicaid notice. require a sign language interpretator, or have Services FOR FURTHER INFORMATION CONTACT: other special needs, please notify the contact Jennifer Kordonski, (410) 786–1840, or person by 4:30 E.S.T. on July 18, 2011. [CMS–7021–N] on the Internet at http://www.cms.gov/ Purpose: The Interagency Committee on FACA/04_APOE.asp for additional Medicare, Medicaid, and Children’s Smoking and Health advises the Secretary, information and updates on committee Health Insurance Programs; Meeting of Department of Health and Human Services, activities. Press inquiries are handled the Advisory Panel on Outreach and and the Assistant Secretary for Health in the through the CMS Press Office at (a) coordination of all research and education Education (APOE) July 28, 2011 (202) 690–6145. programs and other activities within the AGENCY: Department and with other federal, state, Centers for Medicare & SUPPLEMENTARY INFORMATION: In local and private agencies and (b) Medicaid Services (CMS), HHS. accordance with section 10(a) of the establishment and maintenance of liaison ACTION: Notice of meeting. Federal Advisory Committee Act with appropriate private entities, Federal (FACA), this notice announces a SUMMARY: This notice announces a agencies, and State and local public health meeting of the Advisory Panel on meeting of the Advisory Panel on agencies with respect to smoking and health Outreach and Education (APOE) (the Outreach and Education (APOE) (the activities. Panel). Section 9(a)(2) of the Federal Matters To Be Discussed: The topic of the Panel) in accordance with the Federal Advisory Committee Act authorizes the meeting will be ‘‘Tobacco-Use Cessation: Advisory Committee Act. The Panel Secretary of Health and Human Services Emerging Interventions and Innovations.’’ advises and makes recommendations to (the Secretary) to establish an advisory The meeting will focus on emerging and the Secretary of Health and Human panel if the Secretary determines that innovative practices to expand access to and Services and the Administrator of the the panel is ‘‘in the public interest in improve the effectiveness of tobacco-use Centers for Medicare & Medicaid connection with the performance of cessation interventions in areas such as low- Services on opportunities to enhance duties imposed * * * by law.’’ Such income smokers and smokers suffering from the effectiveness of consumer education duties are imposed by section 1804 of mental disease. Panel discussions will be strategies concerning the Medicare, the Social Security Act (the Act), held to highlight Federal, State and local Medicaid, and Children’s Health requiring the Secretary to provide efforts in place to address these disparities. Insurance (CHIP) programs. This informational materials to Medicare Agenda items are subject to change as meeting is open to the public. beneficiaries about the Medicare priorities dictate. DATES: Meeting Date: Thursday, July 28, program, and section 1851(d) of the Act, Substantive program information as well as 2011 from 8:30 a.m. to 3 p.m., Eastern requiring the Secretary to provide for summaries of the meeting and roster of Daylight Time (E.D.T.). ‘‘activities * * * to broadly disseminate committee members may be obtained from Deadline for Meeting Registration, information to [M]edicare beneficiaries the Internet at http://www.cdc.gov/tobacco Presentations and Comments: Thursday, * * * on the coverage options provided mid-September 2011 or the contact person July 14, 2011, 5 p.m., E.D.T. under [Medicare Advantage] in order to listed below. Deadline for Requesting Special promote an active, informed selection Contact Person for More Information: Accommodations: Thursday, July 14, among such options.’’ Monica L. Swann, Management and Program 2011, 5 p.m., E.D.T. The Panel is also authorized by Analyst, Office on Smoking and Health, CDC, ADDRESSES: Meeting Location: Hilton section 1114(f) of the Act (42 U.S.C. 4770 Buford Highway, Mailstop: K–50, Washington Hotel Embassy Row, 2015 1314(f)) and section 222 of the Public Atlanta, Georgia 30341, Telephone: (770) Massachusetts Avenue, NW., Health Service Act (42 U.S.C. 217a). The 488–5278. Washington, DC 20036. Secretary signed the charter establishing The Director, Management Analysis and Meeting Registration, Presentations, this Panel on January 21, 1999 (64 FR Services Office, has been delegated the and Written Comments: Jennifer 7899, February 17, 1999) and approved authority to sign Federal Register notices Kordonski, Designated Federal Official the renewal of the charter on January 21, pertaining to announcements of meetings and (DFO), Division of Forum and 2011 (76 FR 11782, March 3, 2011). other committee management activities, for Conference Development, Office of Pursuant to the amended charter, the both the Centers for Disease Control and Communications, Centers for Medicare Panel advises and makes Prevention and the Agency for Toxic & Medicaid Services, 7500 Security recommendations to the Secretary of Substances and Disease Registry. Boulevard, Mailstop S1–13–05, Health and Human Services and the Dated: June 16, 2011. Baltimore, MD 21244–1850 or contact Administrator of the Centers for Elaine L. Baker, Ms. Kordonski via e-mail at Medicare & Medicaid Services (CMS) Director, Management Analysis and Service [email protected]. concerning optimal strategies for the Registration: The meeting is open to following: Office, Centers for Disease Control and • Prevention. the public, but attendance is limited to Developing and implementing [FR Doc. 2011–15838 Filed 6–23–11; 8:45 am] the space available. Persons wishing to education and outreach programs for attend this meeting must register by individuals enrolled in, or eligible for, BILLING CODE 4163–18–P contacting the DFO at the address listed Medicare, Medicaid, and the Children’s in the ADDRESSES section of this notice Health Insurance Program (CHIP). or by telephone at number listed in the • Informing Medicare, Medicaid and FOR FURTHER INFORMATION CONTACT CHIP consumers, providers and section of this notice, by the date listed stakeholders pursuant to education and in the DATES section of this notice. outreach initiatives about the Individuals requiring sign language availability of other health coverage that interpretation or other special may be available to them (for example, accommodations should contact the via health insurance exchanges starting

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in 2014), including the appropriate use Bode¨n Schmidt, Associate Vice ACTION: Notice. of public-private partnerships to President, National Association of leverage the resources of the private Community Health Centers; Winston SUMMARY: This notice announces the sector in educating beneficiaries, Wong, Medical Director, Community second semi-annual meeting of the providers, and stakeholders. Benefit Director, Kaiser Permanente and Advisory Panel on Ambulatory Payment • Expanding outreach to vulnerable Donna Yee, Chief Executive Officer, Classification (APC) Groups (the Panel) and underserved communities, Asian Community Center of Sacramento for 2011. The purpose of the Panel is to including racial and ethnic minorities, Valley. review the APC groups and their in the context of Medicare, Medicaid, The agenda for the July 28, 2011 associated weights and to advise the and CHIP education programs. meeting will include the following: Secretary of the Department of Health • Assembling and sharing an • Welcome and Listening Session and Human Services (DHHS) (the information base of ‘‘best practices’’ for with CMS Leadership. Secretary) and the Administrator of the helping consumers evaluate health plan • Swearing in of new members. Centers for Medicare & Medicaid options. • Recap of the previous (October 13, Services (CMS) (the Administrator) • Building and leveraging existing 2010) meeting. concerning the clinical integrity of the community infrastructures for • Medicare, Medicaid & CHIP APC groups and their associated information, counseling, and assistance. weights. We will consider the Panel’s • Outreach & Education Strategies. Drawing the program link between • An opportunity for public advice as we prepare the final rule that outreach and education, promoting comment. would update the hospital Outpatient consumer understanding of health care • Next steps. Prospective Payment System (OPPS) for coverage choices and facilitating CY 2012. Individuals or organizations that wish to consumer selection/enrollment, which make a 5-minute oral presentation on an DATES: Meeting Dates: We are in turn support the overarching goal of agenda topic should submit a written scheduling the second semi-annual improved access to quality care, meeting in 2011 for the following dates including prevention services, copy of the oral presentation to the DFO at the address listed in the ADDRESSES and times: envisioned under health care reform. • Wednesday, August 10, 2011, section of this notice by the date listed The current members of the Panel are: 1 p.m. to 5 p.m. eastern standard time in the DATES section of this notice. The Samantha Artiga, Principal Policy (e.s.t.) 1 Analyst, Kaiser Family Foundation; number of oral presentations may be • Thursday, August 11, 2011, 8 a.m. Joseph Baker, President, Medicare limited by the time available. to 5 p.m. (e.s.t.) 1 Rights Center; Marjorie Cadogan, Individuals not wishing to make a • Friday, August 12, 2011, 8 a.m. to Executive Deputy Commissioner, presentation may submit written 12 Noon (e.s.t.) 2 comments to the DFO at the address Department of Social Services; Jonathan 1 listed in the ADDRESSES section of this Note: The times listed in this notice are Dauphine, Senior Vice President, AARP; approximate times; consequently, the DATES Jason Dollarhide, Deputy Executive notice by the date listed in the meetings may last longer than listed in this Director, Housing Authority of the section of this notice. notice, but will not begin before the posted Peoria Tribe of Indians of Oklahoma; Authority: Sec. 222 of the Public Health times. Barbara Ferrer, Executive Director, Service Act (42 U.S.C. 217a) and sec. 10(a) 2 If the Panel’s business concludes on Boston Public Health Commission; of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) Thursday, August, 11, 2011, there will be no Shelby Gonzales, Senior Health and 41 CFR 102–3). meeting on Friday, August, 12, 2011. Outreach Associate, Center on Budget & (Catalog of Federal Domestic Assistance Deadlines Policy Priorities; Richard Frank, Program No. 93.733, Medicare—Hospital Director, Whittingham Cancer Center; Insurance Program; and Program No. 93.774, Deadline for Hardcopy Comments Jan Henning, Benefits Counseling & Medicare—Supplementary Medical and electronic format suggested agenda Special Projects Coordinator, North Insurance Program). topics—5 p.m. (e.s.t.), Friday, July 15, Central Texas Council of Governments’ Dated: June 16, 2011. 2011. Deadline for Hardcopy Presentations, Area Agency on Aging; Deeana Jang, Donald M. Berwick, Policy Director, Asian and Pacific including the required electronic Administrator, Centers for Medicare & documents as discussed below—5 p.m. Islander American Health Forum; Medicaid Services. Warren Jones, Executive Director, (e.s.t.), Friday, July 15, 2011. [FR Doc. 2011–15613 Filed 6–23–11; 8:45 am] Mississippi Institute for Improvement of Deadline for Attendance Geographic Minority Health; Madeline BILLING CODE 4120–01–P Registration—5 p.m. (e.s.t.), Wednesday, Lawson, President and Chief Executive July 27, 2011. Officer, Institute for the Advancement of Deadline for Special DEPARTMENT OF HEALTH AND Accommodations—5 p.m. (e.s.t.), Multicultural & Minority Medicine; HUMAN SERVICES John Lui, Executive Director, Stout Wednesday, July 27, 2011. Vocational Rehabilitation Institute; Centers for Medicare & Medicaid ADDRESSES: The meeting will be held in Sandy Markwood, Chief Executive Services the Auditorium, the Centers for Officer, National Association of Area Medicare & Medicaid Services (CMS) Agencies on Aging; Miriam Mobley- [CMS–1584–N] Central Office, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. Smith, Dean, Chicago State University, Medicare Program; Second Semi- FOR FURTHER INFORMATION CONTACT: College of Pharmacy; Ana Natale- Annual Meeting of the Advisory Panel Paula Smith, Designated Federal Officer Pereira, Associate Professor of on Ambulatory Payment Classification (DFO), CMS, CMM, HAPG, DOC, 7500 Medicine, University of Medicine & Groups—August 10, 2011 Through Security Boulevard, Mail Stop C4–05– Dentistry of New Jersey; Megan Padden, August 12, 2011 Vice President, Sentara Health Plans; 17, Baltimore, MD 21244–1850. Phone: David W. Roberts, Vice-President, AGENCY: Centers for Medicare & (410) 786–3985. Healthcare Information and Medicaid Services, Department of Note: We recommend that you advise Management System Society; Julie Health and Human Services. couriers of the following information: When

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delivering hardcopies of presentations to • Send both electronic and hardcopy • Kari S. Cornicelli, C.P.A., FHFMA. CMS, if no one answers at the above phone versions of their presentations and • Dawn L. Francis, M.D., M.H.S. number, please call (410) 786–4532 or (410) written comments by the prescribed • Kathleen Graham, R.N., M.S.H.A., 786–7267. deadlines. C.P.H.Q., A.C.M. The e-mail address for comments, • Send electronic transmissions to the • Patrick A. Grusenmeyer, Sc.D., presentations, and registration requests e-mail address below. F.A.C.H.E.* is [email protected]. • Mail (or send by courier) to the • David Halsey, M.D. News media representatives must Designated Federal Officer (DFO) all • Brian D. Kavanagh, M.D., M.P.H. contact our Public Affairs Office at (202) hardcopies, accompanied by Form • Judith T. Kelly, B.S.H.A., R.H.I.T., 690–6145. CMS–20017 (revised 01/07), if they are R.H.I.A., C.C.S. Advisory Committees’ Information presenting, as specified in the FOR • Scott Manaker, M.D., PhD Lines: The phone numbers for the CMS FURTHER INFORMATION CONTACT section of • John Marshall, CRA, RCC, RT. Federal Advisory Committee Hotline are this notice. • Agatha L. Nolen, PhD, M.S., • 1–877–449–5659 (toll free) and (410) Commenters not presenting at the F.A.S.H.P.* 786–9379 (local). APC panel meeting are not required to • Randall A. Oyer, M.D. Web Sites: For additional information send Form CMS–20017 with their • Daniel Pothen, M.S., R.H.I.A., written comments. C.P.H.I.M.S., C.C.S.P, C.H.C. on the APC Panel and updates to the • Panel’s activities, we refer readers to our Do not send images of patients in • Gregory Przybylski, M.D. Web site available at: http:// any of the documents unless their faces • Neville B. Sarkari, M.D., FACP. _ have been covered. www.cms.hhs.gov/FACA/05 II. Agenda AdvisoryPanelonAmbulatory SUPPLEMENTARY INFORMATION: The agenda for the August 2011 PaymentClassification I. Background Groups.asp#TopOfPage. meeting will provide for discussion and The Secretary is required by section comment on the following topics as Note: There is an UNDERSCORE after 1833(t)(9)(A) of the Social Security Act designated in the Panel’s Charter: FACA/05; there is no space between the (the Act) to consult with an expert, • Addressing whether procedures underscore and the capital A. You may also outside advisory panel on the clinical search information about the APC Panel and within an APC group are similar both its membership in the Federal Advisory integrity of the APC groups and weights clinically and in terms of resource use. Committee Act (FACA) database at the established under the Medicare Hospital • Evaluating APC group weights. following URL: https://www.fido.gov/ Outpatient Prospective Payment System • Reviewing packaging the cost of facadatabase/public.asp. (OPPS). items and services, including drugs and The APC Panel meets up to three devices, into procedures and services, Submission of Materials to the times annually. The Panel consists of up including the methodology for Designated Federal Officer (DFO) to 15 members, who are representatives packaging and the impact of packaging We require electronic versions of the of providers, and a Chair. the cost of those items and services on Each Panel member must be written comments and presentations, in APC group structure and payment. employed full-time by a hospital, • addition to hardcopies. Because of Removing procedures from the hospital system, or other Medicare staffing and resource limitations, we inpatient list for payment under the provider subject to payment under the cannot accept written comments and OPPS. OPPS. The Secretary or Administrator • presentations by FAX, nor can we print Using claims and cost report data selects the Panel membership based written comments and presentations for CMS’ determination of APC group upon either self-nominations or received electronically for weights. nominations submitted by Medicare • dissemination at the meeting. Only Addressing other technical issues providers and other interested hardcopy comments and presentations concerning APC group structure. organizations. can be reproduced for public All members must have technical Note: The subject matter before the Panel will be limited to these and related topics. dissemination. All hardcopy expertise to enable them to participate presentations must be accompanied by Issues related to calculation of the OPPS fully in the Panel’s work. The expertise conversion factor, charge compression, Form CMS–20017 (revised May 2011). encompasses hospital payment systems; The form is now available through the revisions to the cost report, pass-through hospital medical care delivery systems; payments, payment adjustments, or correct CMS Forms Web site. To download provider billing systems; APC groups; code usage are not within the scope of the Form CMS–20017, visit the following Current Procedural Terminology (CPT) Panel’s purpose. Therefore, these issues will Web site: http://www.cms.hhs.gov/ codes; and alpha-numeric Health Care not be considered for presentations or cmsforms/downloads/cms20017.pdf. Common Procedure Coding System comments. There will be no exceptions to Additionally, presenters must clearly (HCPCS) codes; and the use of, and this rule. We appreciate your cooperation on this matter. explain the action that they are payment for, drugs, medical devices, requesting CMS to take in the and other services in the outpatient The Panel may use data collected or appropriate section of the form. They setting, as well as other forms of developed by entities and organizations must also state their relationship to the relevant expertise. Details regarding other than the Department of Health and organization that they are representing membership requirements for the APC Human Services (DHHS) and CMS in in the presentation. Panel are found on the FACA and CMS conducting its review. We recommend Note: Issues that are vague, or that are Web sites as listed above. that organizations submit data for the outside the scope of the APC Panel’s The Panel presently consists of the Panel’s and CMS’ review. purpose, will not be considered for following members: (Note: The asterisk III. Written Comments and Suggested presentations and comments. There will be [*] indicates the Panel members whose Agenda Topics no exceptions to this rule. We appreciate terms end on September 30, 2011.) your cooperation on this matter. • E. L. Hambrick, M.D., J.D., Chair, Hardcopy and electronic written In summary, presenters and/or CMS Medical Officer. comments and suggested agenda topics commenters must do the following: • Ruth L. Bush, M.D., M.P.H. should be sent to the DFO as specified

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in the ADDRESSES section of this notice. confirmation will be sent to the accommodations must send a request The DFO must receive these items by requester(s) by return e-mail. for these services to the DFO by 5 p.m. 5 p.m. (e.s.t.), Friday, July 15, 2011. We The following personal information (e.s.t.), Wednesday, July 27, 2011. appreciate your cooperation on this must be e-mailed to the DFO by the date X. Panel Recommendations and matter. and time above: • Name(s) of attendee(s). Discussions IV. Oral Presentations • Title(s). The Panel’s recommendations at any Individuals or organizations wishing • Organization including address(es). APC Panel meeting generally are not • E-mail address(es). to make 5-minute oral presentations • final until they have been reviewed and must submit hardcopy and electronic Telephone number(s). approved by the Panel on the last day versions of their presentations to the VIII. Security, Building, and Parking before the final adjournment. DFO by 5 p.m. (e.s.t.), Friday, July 15, Guidelines XI. Collection of Information 2011. The meeting is open to the public, but Requirements The number of oral presentations may attendance is limited to the space This document does not impose be limited by the time available. Oral available. Persons wishing to attend this presentations cannot exceed 5 minutes information collection and meeting must register by contacting the recordkeeping requirements. in length for an individual or an DFO at the address listed in the organization. Consequently, it need not be reviewed ADDRESSES section of this notice or by by the Office of Management and The Chair may further limit time telephone at the number listed in the allowed for presentations due to the Budget under the authority of the FOR FURTHER INFORMATION CONTACT Paperwork Reduction Act of 1995 (44 number of oral presentations, if section of this notice by the date necessary. Presentation times listed in U.S.C. Chapter 35). specified in the DATES section of this the public agenda are approximate and notice. (Catalog of Federal Domestic Assistance presenters should be prepared to This meeting will be held in a Federal Program No. 93.773, Medicare—Hospital present earlier and later than indicated. government building; therefore, Federal Insurance; and Program No. 93.774, security measures are applicable. We Medicare—Supplementary Medical V. Presenter and Presentation Insurance Program). Information recommend that confirmed registrants arrive reasonably early, but no earlier All presenters must submit Form Dated: June 15, 2011. than 45 minutes before the start of the Donald M. Berwick, CMS–20017 (Revised 05/11) that is meeting, to allow additional time to required for all oral presentations. The Administrator, Centers for Medicare & clear security. Security measures Medicaid Services. DFO must receive the following include the following: information from those wishing to make • Presentation of government-issued [FR Doc. 2011–15903 Filed 6–23–11; 8:45 am] oral presentations: photographic identification to the BILLING CODE 4120–01–P • The Form CMS–20017 (Revised 05/ Federal Protective Service or Guard 11) with all pertinent information Service personnel. DEPARTMENT OF HEALTH AND completed. • Inspection of vehicle’s interior and • HUMAN SERVICES One hardcopy of presentation. exterior (this includes engine and trunk • Electronic copy of presentation. inspection) at the entrance to the • Food and Drug Administration Personal registration information as grounds. Parking permits and described in the ‘‘Meeting Attendance’’ instructions will be issued after the [Docket No. FDA–2010–N–0536] section below. vehicle inspection. • Those persons wishing to submit • Inspection, via metal detector or Agency Information Collection written comments only (and not make a other applicable means of all persons Activities; Announcement of Office of 5 minute oral presentation at the Panel brought entering the building. We note Management and Budget Approval; meeting) must send hardcopy and that all items brought into CMS, Guidance for Industry on electronic versions of their comments, whether personal or for the purpose of Pharmacogenomic Data Submissions but they are not required to submit the presentation or to support a AGENCY: Food and Drug Administration, Form CMS–20017 (Revised 05/11). presentation, are subject to inspection. HHS. VI. Oral Comments We cannot assume responsibility for ACTION: Notice. coordinating the receipt, transfer, In addition to formal oral transport, storage, set-up, safety, or SUMMARY: The Food and Drug presentations, there will be opportunity timely arrival of any personal Administration (FDA) is announcing during the meeting for public oral belongings or items used for that a collection of information entitled comments, which will be limited to 1 presentation or to support a ‘‘Guidance for Industry on minute for each individual and a total presentation. Pharmacogenomic Data Submissions’’ of 3 minutes per organization. Note: Individuals who are not registered in has been approved by the Office of VII. Meeting Attendance advance will not be permitted to enter the Management and Budget (OMB) under building and will be unable to attend the the Paperwork Reduction Act of 1995. The meeting is open to the public; meeting. The public may not enter the however, attendance is limited to space FOR FURTHER INFORMATION CONTACT: building earlier than 45 minutes before the Elizabeth Berbakos, Office of available. Attendance will be convening of the meeting. determined on a first-come, first-served All visitors must be escorted in areas other Information Management, Food and basis. than the lower and first floor levels in the Drug Administration, 1350 Piccard Dr., Persons wishing to attend this Central Building. PI50–400B, Rockville, MD 20850, 301– meeting, which is located on Federal 796–3792, property, must e-mail the DFO to IX. Special Accommodations [email protected]. register in advance no later than 5 p.m. Individuals requiring sign-language SUPPLEMENTARY INFORMATION: In the (e.s.t.), Wednesday, July 27, 2011. A interpretation or other special Federal Register of February 7, 2011 (76

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FR 6621), the Agency announced that docket number found in brackets in the • Notify the appropriate FDA the proposed information collection had heading of this document. organizational unit responsible for been submitted to OMB for review and FOR FURTHER INFORMATION CONTACT: adverse event reporting compliance clearance under 44 U.S.C. 3507. An Elizabeth Berbakos, Office of when these conditions exist and when Agency may not conduct or sponsor, Information Management, Food and the reporting process is restored, and • Maintain records to identify what and a person is not required to respond Drug Administration, 1350 Piccard Dr., reports have been stored. to, a collection of information unless it PI50–400B, Rockville, MD 20850, 301– displays a currently valid OMB control These recommendations represent 796–3792, collections of information under the number. OMB has now approved the [email protected]. information collection and has assigned Paperwork Reduction Act of 1995 (the OMB control number 0910–0557. The SUPPLEMENTARY INFORMATION: In PRA) (44 U.S.C. 3501–3520) discussed approval expires on May 31, 2014. A compliance with 44 U.S.C. 3507, FDA in section IV of this document. In copy of the supporting statement for this has submitted the following proposed issuing this revised draft guidance, FDA information collection is available on collection of information to OMB for considered all comments that were the Internet at http://www.reginfo.gov/ review and clearance: Draft Guidance submitted in response to the December public/do/PRAMain. for Industry on Postmarketing Adverse 2008 draft guidance. Most comments requested that greater clarity be Dated: June 20, 2011. Event Reporting for Medical Products and Dietary Supplements During an provided in certain sections; FDA has Leslie Kux, Influenza Pandemic; Availability— revised these sections accordingly. Acting Assistant Commissioner for Policy. (OMB Control Number 0910–New) This draft guidance does not address [FR Doc. 2011–15800 Filed 6–23–11; 8:45 am] monitoring and reporting of adverse BILLING CODE 4160–01–P I. Background events that might be imposed as a FDA is announcing the availability of condition of authorization for products a revised draft guidance for industry authorized for emergency use under DEPARTMENT OF HEALTH AND entitled ‘‘Postmarketing Adverse Event section 564 of the Federal Food, Drug, HUMAN SERVICES Reporting for Medical Products and and Cosmetic Act (the FD&C Act) (21 U.S.C. 360bbb–3). This draft guidance Food and Drug Administration Dietary Supplements During an Influenza Pandemic.’’ In the Federal also does not address monitoring and reporting of adverse events as required [Docket No. FDA–2008–D–0610] Register of December 16, 2008 (73 FR 76364), FDA published notice of the by regulations establishing the Agency Information Collection availability of a draft guidance of the conditions for investigational use of Activities; Submission for Office of same title. FDA anticipates that during drugs, biologics, and devices. (See 21 Management and Budget Review; an influenza pandemic, industry and CFR parts 312 and 812.) Comment Request; Draft Guidance for FDA workforces may be reduced while This draft guidance is being issued Industry on Postmarketing Adverse reporting of adverse events related to consistent with FDA’s good guidance Event Reporting for Medical Products widespread use of medical products practices regulation (21 CFR 10.115). and Dietary Supplements During an indicated for the treatment and The draft guidance, when finalized, will Influenza Pandemic; Availability prevention of influenza may increase, represent the Agency’s current thinking although the extent of these possible on postmarketing adverse event AGENCY: Food and Drug Administration, changes is unknown. The revised draft reporting for medical products and HHS. guidance discusses FDA’s intended dietary supplements during pandemic ACTION: Notice. approach to enforcement of adverse influenza. It does not create or confer event reporting requirements for drugs, any rights for or on any person and does SUMMARY: The Food and Drug biologics, medical devices, and dietary not operate to bind FDA or the public. Administration (FDA) is announcing supplements during an influenza An alternative approach may be used if that a proposed collection of pandemic. such approach satisfies the information has been submitted to the requirements of the applicable statutes Office of Management and Budget II. Revisions to the 2008 Draft Guidance and regulations. (OMB) for review and clearance under FDA is issuing a revised draft III. Comments the Paperwork Reduction Act of 1995. guidance that includes Interested persons may submit to the DATES: Fax written comments on the recommendations for planning, Division of Dockets Management (see collection of information by July 25, notification, and documentation for 2011. ADDRESSES) either electronic or written firms that report postmarketing adverse comments regarding this document. It is ADDRESSES: To ensure that comments on events. The revised draft guidance only necessary to send one set of the information collection are received, recommends that each firm’s pandemic comments. It is no longer necessary to OMB recommends that written influenza continuity of operations plan send two copies of mailed comments. comments be faxed to the Office of (COOP) include instructions for Identify comments with the docket Information and Regulatory Affairs, reporting adverse events and a plan for number found in brackets in the OMB, Attn: FDA Desk Officer, FAX: the submission of stored reports that heading of this document. Received 202–395–7285, or e-mailed to were not submitted within regulatory comments may be seen in the Division [email protected]. All timeframes. The revised draft guidance of Dockets Management between 9 a.m. comments should be identified with the recommends that firms that are unable and 4 p.m., Monday through Friday. OMB control number 0910–New and to fulfill normal adverse event reporting title ‘‘Draft Guidance for Industry on requirements during an influenza IV. Paperwork Reduction Act of 1995 Postmarketing Adverse Event Reporting pandemic do the following: Under the PRA, Federal agencies must for Medical Products and Dietary • Document the conditions that obtain approval from the Office of Supplements During an Influenza prevent them from meeting normal Management and Budget (OMB) for each Pandemic.’’ Also include the FDA reporting requirements, collection of information that they

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conduct or sponsor. ‘‘Collection of adverse events, including a plan for the requirements maintain documentation information’’ is defined in 44 U.S.C. submission of stored reports that were of the conditions that prevent them from 3502(3) and 5 CFR 1320.3(c) and not submitted within regulatory meeting these requirements and also includes Agency requests or timeframes. The draft guidance explains maintain records to identify what requirements that members of the public that firms that are unable to fulfill adverse event reports have been stored submit reports, keep records, or provide normal adverse event reporting and when the reporting process is information to a third party. Section requirements during an influenza restored, we estimate that 3506(c)(2)(A) of the PRA, 44 U.S.C. pandemic should: (1) Maintain approximately 500 firms will each need 3506(c)(2)(A), requires Federal agencies documentation of the conditions that approximately 8 hours to maintain the to provide a 60-day notice in the prevent them from meeting normal documentation and that approximately Federal Register for each proposed reporting requirements; (2) notify the 500 firms will each need approximately collection of information before appropriate FDA organizational unit 8 hours to maintain the records. submitting the collection to OMB for responsible for adverse event reporting Therefore, the total recordkeeping approval. To comply with this compliance when the conditions exist burden that would result from the draft requirement, FDA is publishing this and when the reporting process is guidance would be 258,000 hours. notice of the proposed collection of restored; and (3) maintain records to The draft guidance also refers to information set forth in this document. identify what reports have been stored. previously approved collections of With respect to the collection of Based on the number of information found in FDA’s adverse information associated with this draft manufacturers that would be covered by event reporting requirements in 21 CFR guidance, FDA invites comments on the the draft guidance, we estimate that 310.305, 314.80, 314.98, 600.80, following topics: (1) Whether the approximately 5,000 firms will add the 606.170, 640.73, 1271.350, and part 803. proposed information collected is following to their COOP: (1) Instructions These regulations contain collections of necessary for the proper performance of for reporting adverse events; and (2) a information that are subject to review by FDA’s functions, including whether the plan for submitting stored reports that the Office of Management and Budget information will have practical utility; were not submitted within regulatory (OMB) under the Paperwork Reduction (2) the accuracy of FDA’s estimated timeframes. We estimate that each firm Act of 1995 (44 U.S.C. 3501–3520) and burden of the proposed information will take approximately 50 hours to are approved under OMB control collected, including the validity of the prepare the adverse event reporting plan numbers 0910–0116, 0910–0291, 0910– methodology and assumptions used; (3) for its COOP. 0230, 0910–0308, 0910–0437, and 0910– ways to enhance the quality, utility, and We estimate that approximately 500 0543. In addition, the draft guidance clarity of the information collected; and firms will be unable to fulfill normal also refers to adverse event reports for (4) ways to minimize the burden of adverse event reporting requirements nonprescription human drug products information collected on the because of conditions caused by an marketed without an approved respondents, including through the use influenza pandemic and that these firms application and dietary supplements of automated collection techniques, will notify the appropriate FDA required under sections 760 and 761 of when appropriate, and other forms of organizational unit responsible for the FD&C Act (21 U.S.C. 379aa and information technology. adverse event reporting compliance 379aa–1), which include collections of The draft guidance explains FDA’s when the conditions exist. Although we information approved under OMB approach to enforcement of adverse do not anticipate such pandemic control numbers 0910–0636 and 0910– event reporting requirements for drugs, influenza conditions to occur every 0635. biologics, medical devices, and dietary year, for purposes of the PRA, we supplements during an influenza estimate that each of these firms will In the Federal Register of January 7, pandemic, including an intent not to notify FDA approximately once each 2011 (76 FR 1170), FDA published a 60- object to changes in the timing of year, and that each notification will day notice requesting public comment submission of certain reports during takem approximately 8 hours to prepare on the proposed collection of some stages of the pandemic response. and submit. information. No comments were The Agency recommends that each Concerning the recommendation in received. firm’s pandemic influenza COOP the draft guidance that firms unable to FDA estimates the burden of this include instructions for reporting fulfill normal adverse event reporting collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Notify FDA when normal reporting is not feasible ...... 500 1 500 8 4,000 1 There are no capital costs or operating and maintenance costs associated with this information collection.

TABLE 2—ESTIMATED RECORDKEEPING BURDEN 1

Annual Number of frequency per Total annual Hours per Total hours recordkeepers recordkeeping records record

Add adverse event reporting plan to COOP ...... 5,000 1 5,000 50 250,000 Maintain documentation of influenza pandemic conditions and resultant high absenteeism ...... 500 1 500 8 4,000

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TABLE 2—ESTIMATED RECORDKEEPING BURDEN 1—Continued

Annual Number of frequency per Total annual Hours per Total hours recordkeepers recordkeeping records record

Maintain records to identify what reports have been stored and when the reporting process was restored ...... 500 1 500 8 4,000

Total ...... 258,000 1 There are no capital costs or operating and maintenance costs associated with this information collection.

V. Electronic Access of his right to a hearing concerning this misbranded in that it lacked adequate Persons with access to the Internet action. directions for use in humans. The drug may obtain the document at either DATES: This order is effective June 24, was not approved for use in humans by http://www.fda.gov/Drugs/Guidance 2011. FDA. After receiving the unapproved drug, Dr. Rosio proffered the delivery ComplianceRegulatoryInformation/ ADDRESSES: Submit applications for Guidances/default.htm, http:// termination of debarment to the and caused the delivery of the drug to www.fda.gov/BiologicsBloodVaccines/ Division of Dockets Management (HFA– patients, some on multiple occasions, in GuidanceComplianceRegulatory 305), Food and Drug Administration, the form of injections, for pay and Information/Guidances/default.htm, 5630 Fishers Lane, rm. 1061, Rockville, otherwise, in violation of 21 U.S.C. http://www.fda.gov/MedicalDevices/ MD 20852. 331(c). Dr. Rosio additionally held the drug for sale as BOTOX, the FDA DeviceRegulationandGuidance/ FOR FURTHER INFORMATION CONTACT: approved Botulinum Toxin Type A GuidanceDocuments/default.htm, Kenny Shade, Division of Compliance product. In so doing, Dr. Rosio acted in http://www.fda.gov/Food/Guidance Policy (HFC–230), Food and Drug a way that caused the drug to be further ComplianceRegulatoryInformation/ Administration, 5600 Fishers Lane, misbranded by offering it for sale to the GuidanceDocuments/default.htm, or Rockville, MD 20857, 301–796–4640. public under the name of another drug, http://www.regulations.gov. SUPPLEMENTARY INFORMATION: specifically BOTOX, in violation of 21 Dated: June 20, 2011. I. Background U.S.C. 331(k). Leslie Kux, As a result of his convictions, on Acting Assistant Commissioner for Policy. Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C. 335a(b)(2)(B)(i)(I)) February 16, 2011, FDA sent Dr. Rosio [FR Doc. 2011–15799 Filed 6–23–11; 8:45 am] permits FDA to debar an individual if it a notice by certified mail proposing to BILLING CODE 4160–01–P finds that the individual has been debar him for 4 years from providing convicted of a misdemeanor under services in any capacity to a person that Federal law for conduct relating to the has an approved or pending drug DEPARTMENT OF HEALTH AND product application. The proposal was HUMAN SERVICES regulation of drug products under the FD&C Act, and if FDA finds that the based on a finding, under section Food and Drug Administration type of conduct that served as the basis 306(b)(2)(B)(i)(I) of the FD& C Act, that for the conviction undermines the Dr. Rosio was convicted of a [Docket No. FDA–2010–N–0472] process for the regulation of drugs. misdemeanor under Federal law for On October 18, 2007, Dr. Rosio conduct relating to the regulation of Timothy J. Rosio: Debarment Order pleaded guilty to one count of receipt drug products under the FD&C Act, and AGENCY: Food and Drug Administration, and delivery of a misbranded drug in that the conduct that served as a basis HHS. violation of 21 U.S.C. 331(c) and one for the conviction undermines the ACTION: Notice. count of misbranding of drugs held for process for the regulation of drugs. The sale in violation of 21 U.S.C. 331(k). On proposal also offered Dr. Rosio an SUMMARY: The Food and Drug October 26, 2007, the U.S. District Court opportunity to request a hearing, Administration (FDA) is issuing an for the Eastern District of California providing him 30 days from the date of order under the Federal Food, Drug, and entered judgment against Dr. Rosio for receipt of the letter in which to file the Cosmetic Act (the FD&C Act) debarring misdemeanor misbranding on those request, and advised him that failure to Timothy J. Rosio, M.D. for 4 years from charges. request a hearing constituted a waiver of providing services in any capacity to a FDA’s finding that debarment is the opportunity for a hearing and of any person that has an approved or pending appropriate is based on the contentions concerning this action. Dr. drug product application. FDA bases misdemeanor convictions referenced Rosio failed to respond within the this order on findings that Dr. Rosio was herein. The factual basis for the timeframe prescribed by regulation and convicted of misdemeanors under convictions is as follows: Dr. Rosio was has, therefore, waived his opportunity Federal law for conduct relating to the a licensed physician in the State of for a hearing and waived any regulation of a drug product under the California. Between on or about contentions concerning his debarment FD&C Act and that the type of conduct February 23, 2004, and on or about (21 CFR part 12). underlying the conviction undermines August 26, 2004, in the Eastern District II. Findings and Order the process for the regulation of drugs. of California, Dr. Rosio received Dr. Rosio was given notice of the Botulinum Toxin Type A (TRI-toxin) Therefore, the Director, Office of proposed debarment and an opportunity from Toxin Research International (TRI), Enforcement, Office of Regulatory to request a hearing within the which had been shipped in interstate Affairs, under section 306(b)(2)(B)(i)(I) timeframe prescribed by regulation. Dr. commerce, from Arizona to his clinic in of the FD& C Act under authority Rosio failed to respond. Dr. Rosio’s the Eastern District of California. The delegated to him (Staff Manual Guide failure to respond constitutes a waiver TRI-toxin that he received was 1410.35), finds that Timothy J. Rosio has

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been convicted of a misdemeanor under DEPARTMENT OF HEALTH AND review period may count toward the Federal law for conduct relating to the HUMAN SERVICES actual amount of extension that the regulation of a drug product under the Director of Patents and Trademarks may FD&C Act, and that the type of conduct Food and Drug Administration award (for example, half the testing that served as a basis for the conviction [Docket No. FDA–2008–E–0092] phase must be subtracted as well as any undermines the process for the time that may have occurred before the regulation of drugs. Determination of Regulatory Review patent was issued), FDA’s determination Period for Purposes of Patent of the length of a regulatory review As a result of the foregoing finding, Extension; XYZAL period for a human drug product will Dr. Rosio is debarred for 4 years from include all of the testing phase and providing services in any capacity to a AGENCY: Food and Drug Administration, approval phase as specified in 35 U.S.C. person with an approved or pending HHS. 156(g)(1)(B). drug product application under sections ACTION: Notice. FDA recently approved for marketing 505, 512, or 802 of the FD&C Act (21 the human drug product XYZAL U.S.C. 355, 360b, or 382), or under SUMMARY: The Food and Drug (levocetirizine dihydrochloride). section 351 of the Public Health Service Administration (FDA) has determined XYZAL is indicated for the relief of Act (42 U.S.C. 262), effective (see the regulatory review period for XYZAL symptoms associated with seasonal and DATES), (see sections 306(c)(1)(B), and is publishing this notice of that perennial allergic rhinitis, and the (c)(2)(A)(iii), and 201(dd) of the FD&C determination as required by law. FDA treatment of the uncomplicated skin Act (21 U.S.C. 321(dd)). Any person has made the determination because of manifestations of chronic idiopathic with an approved or pending drug the submission of an application to the urticaria. Subsequent to this approval, product application who knowingly Director of Patents and Trademarks, the Patent and Trademark Office Department of Commerce, for the employs or retains as a consultant or received a patent term restoration extension of a patent which claims that application for XYZAL (U.S. Patent No. contractor, or otherwise uses the human drug product. 5,698,558) from UCB Inc., and the services of Dr. Rosio, in any capacity ADDRESSES: Patent and Trademark Office requested during Dr. Rosio’s debarment, will be Submit electronic comments to http:// FDA’s assistance in determining this subject to civil money penalties (section www.regulations.gov. Submit written patent’s eligibility for patent term 307(a)(6) of the FD&C Act (21 U.S.C. petitions along with three copies and restoration and that FDA determine the 335b(a)(6)). If Dr. Rosio provides written comments to the Division of product’s regulatory review period. In a services in any capacity to a person with Dockets Management (HFA–305), Food letter dated June 1, 2011, FDA advised an approved or pending drug product and Drug Administration, 5630 Fishers the Patent and Trademark Office that application during his period of Lane, rm. 1061, Rockville, MD 20852. this human drug product had undergone debarment, he will be subject to civil FOR FURTHER INFORMATION CONTACT: a regulatory review period and that the money penalties (section 307(a)(7) of the Beverly Friedman, Office of Regulatory approval of XYZAL represented the first FD&C Act (21 U.S.C. 335b(a)(7)). In Policy, Food and Drug Administration, permitted commercial marketing or use addition, FDA will not accept or review 10903 New Hampshire Ave., Bldg. 51, of the product. FDA has determined that the any abbreviated new drug applications rm. 6222, Silver Spring, MD 20993– applicable regulatory review period for submitted by or with the assistance of 0002, 301–796–3602. Dr. Rosio during his period of XYZAL is 305 days. Of this time, 0 days SUPPLEMENTARY INFORMATION: The Drug occurred during the testing phase of the debarment (section 306(c)(1)(B) of the Price Competition and Patent Term FD&C Act). regulatory review period, while 305 Restoration Act of 1984 (Pub. L. 98–417) days occurred during the approval Any application by Dr. Rosio for and the Generic Animal Drug and Patent phase. These periods of time were termination of debarment under section Term Restoration Act (Pub. L. 100–670) derived from the following dates: 306(d)(1) of the FD&C Act should be generally provide that a patent may be 1. The date an exemption under identified with Docket No. FDA–2010– extended for a period of up to 5 years section 505(i) of the Federal Food, Drug, N–0472 and sent to the Division of so long as the patented item (human and Cosmetic Act (the FD&C Act) (21 Dockets Management (see ADDRESSES). drug product, animal drug product, U.S.C. 355(i)) became effective: FDA has All such submissions are to be filed in medical device, food additive, or color verified the applicant’s claim that no four copies. The public availability of additive) was subject to regulatory investigational new drug application information in these submissions is review by FDA before the item was was submitted. governed by 21 CFR 10.20(j). marketed. Under these acts, a product’s 2. The date the application was regulatory review period forms the basis initially submitted with respect to the Publicly available submissions may for determining the amount of extension human drug product under section be seen in the Division of Dockets an applicant may receive. 505(b) of the FD&C Act: July 25, 2006. Management between 9 a.m. and 4 p.m., A regulatory review period consists of The applicant claims July 24, 2006, as Monday through Friday. two periods of time: A testing phase and the date the new drug application Dated: June 13, 2011. an approval phase. For human drug (NDA) for Xyzal (NDA 22–064) was Howard Sklamberg, products, the testing phase begins when initially submitted. However, FDA the exemption to permit the clinical Director, Office of Enforcement, Office of records indicate that NDA 22–064 was investigations of the drug becomes Regulatory Affairs. submitted on July 25, 2006. effective and runs until the approval 3. The date the application was [FR Doc. 2011–15737 Filed 6–23–11; 8:45 am] phase begins. The approval phase starts approved: May 25, 2007. FDA has BILLING CODE 4160–01–P with the initial submission of an verified the applicant’s claim that NDA application to market the human drug 22–064 was approved on May 25, 2007. product and continues until FDA grants This determination of the regulatory permission to market the drug product. review period establishes the maximum Although only a portion of a regulatory potential length of a patent extension.

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However, the U.S. Patent and this notice of that determination as the acute and maintenance treatment of Trademark Office applies several required by law. FDA has made the schizophrenia in adults. Subsequent to statutory limitations in its calculations determination because of the this approval, the Patent and Trademark of the actual period for patent extension. submission of an application to the Office received a patent term restoration In its application for patent extension, Director of Patents and Trademarks, application for INVEGA SUSTENNA this applicant seeks 245 days of patent Department of Commerce, for the (U.S. Patent No. 5,254,556) from term extension. extension of a patent which claims that Janssen, L.P., and the Patent and Anyone with knowledge that any of human drug product. Trademark Office requested FDA’s the dates as published are incorrect may ADDRESSES: Submit electronic assistance in determining this patent’s submit to the Division of Dockets comments to http:// eligibility for patent term restoration Management (see ADDRESSES) either www.regulations.gov. Submit written and that FDA determine the product’s electronic or written comments and ask petitions along with three copies and regulatory review period. In a letter for a redetermination by August 23, written comments to the Division of dated June 1, 2011, FDA advised the 2011. Furthermore, any interested Dockets Management (HFA–305), Food Patent and Trademark Office that this person may petition FDA for a and Drug Administration, 5630 Fishers human drug product had undergone a determination regarding whether the Lane, rm. 1061, Rockville, MD 20852. regulatory review period and that the applicant for extension acted with due FOR FURTHER INFORMATION CONTACT: approval of INVEGA SUSTENNA diligence during the regulatory review Beverly Friedman, Office of Regulatory represented the first permitted period by December 21, 2011. To meet Policy, Food and Drug Administration, commercial marketing or use of the its burden, the petition must contain 10903 New Hampshire Ave., Bldg. 51, product. sufficient facts to merit an FDA FDA has determined that the rm. 6222, Silver Spring, MD 20993– investigation. (See H. Rept. 857, part 1, applicable regulatory review period for 0002, 301–796–3602. 98th Cong., 2d sess., pp. 41–42, 1984.) INVEGA SUSTENNA is 2,253 days. Of Petitions should be in the format SUPPLEMENTARY INFORMATION: The Drug this time, 1,608 days occurred during specified in 21 CFR 10.30. Price Competition and Patent Term the testing phase of the regulatory Interested persons may submit to the Restoration Act of 1984 (Pub. L.. 98– review period, while 645 days occurred Division of Dockets Management (see 417) and the Generic Animal Drug and during the approval phase. These ADDRESSES) electronic or written Patent Term Restoration Act (Pub. L. periods of time were derived from the comments and written petitions. It is 100–670) generally provide that a patent following dates: only necessary to send one set of may be extended for a period of up to 1. The date an exemption under comments. It is no longer necessary to 5 years so long as the patented item section 505(i) of the Federal Food, Drug, send three copies of mailed comments. (human drug product, animal drug and Cosmetic Act (the FD&C Act) (21 However, if you submit a written product, medical device, food additive, U.S.C. 355(i)) became effective: June 2, petition, you must submit three copies or color additive) was subject to 2003. FDA has verified the applicant’s of the petition. Identify comments with regulatory review by FDA before the claim that the date the investigational the docket number found in brackets in item was marketed. Under these acts, a new drug application became effective the heading of this document. product’s regulatory review period was on June 2, 2003. Comments and petitions that have not forms the basis for determining the 2. The date the application was been made publicly available on amount of extension an applicant may initially submitted with respect to the http://www.regulations.gov may be receive. human drug product under section viewed in the Division of Dockets A regulatory review period consists of 505(b) of the FD&C Act: October 26, Management between 9 a.m. and 4 p.m., two periods of time: A testing phase and 2007. FDA has verified the applicant’s Monday through Friday. an approval phase. For human drug claim that the new drug application products, the testing phase begins when (NDA) for Invega Sustenna (NDA 22– Dated: June 2, 2011. the exemption to permit the clinical 264) was submitted on October 26, Jane A. Axelrad, investigations of the drug becomes 2007. Associate Director for Policy, Center for Drug effective and runs until the approval 3. The date the application was Evaluation and Research. phase begins. The approval phase starts approved: July 31, 2009. FDA has [FR Doc. 2011–15910 Filed 6–23–11; 8:45 am] with the initial submission of an verified the applicant’s claim that NDA BILLING CODE 4160–01–P application to market the human drug 22–264 was approved on July 31, 2009. product and continues until FDA grants This determination of the regulatory permission to market the drug product. review period establishes the maximum DEPARTMENT OF HEALTH AND Although only a portion of a regulatory potential length of a patent extension. HUMAN SERVICES review period may count toward the However, the U.S. Patent and Food and Drug Administration actual amount of extension that the Trademark Office applies several Director of Patents and Trademarks may statutory limitations in its calculations [Docket No. FDA–2009–E–0541] award (for example, half the testing of the actual period for patent extension. phase must be subtracted as well as any In its application for patent extension, Determination of Regulatory Review time that may have occurred before the this applicant seeks 1,449 days of patent Period for Purposes of Patent patent was issued), FDA’s determination term extension. Extension; INVEGA SUSTENNA of the length of a regulatory review Anyone with knowledge that any of AGENCY: Food and Drug Administration, period for a human drug product will the dates as published are incorrect may HHS. include all of the testing phase and submit to the Division of Dockets ACTION: Notice. approval phase as specified in 35 U.S.C. Management (see ADDRESSES) either 156(g)(1)(B). electronic or written comments and ask SUMMARY: The Food and Drug FDA recently approved for marketing for a redetermination by August 23, Administration (FDA) has determined the human drug product INVEGA 2011. Furthermore, any interested the regulatory review period for SUSTENNA (paliperidone palmitate). person may petition FDA for a INVEGA SUSTENNA and is publishing INVEGA SUSTENNA is indicated for determination regarding whether the

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applicant for extension acted with due Drug Administration, 10903 New fluoride F–18) injection, 10 to 200 mCi/ diligence during the regulatory review Hampshire Ave., Bldg. 51, rm. 6238, mL, and in a letter dated May 2, 2011, period by December 21, 2011. To meet Silver Spring, MD 20993–0002, 301– the NDA holder requested that FDA its burden, the petition must contain 796–7577. move the product to the ‘‘Discontinued sufficient facts to merit an FDA SUPPLEMENTARY INFORMATION: In 1984, Drug Product List’’ section of the Orange investigation. (See H. Rept. 857, part 1, Congress enacted the Drug Price Book. In previous instances (see, e.g., 72 98th Cong., 2d sess., pp. 41–42, 1984.) Competition and Patent Term FR 9763, March 5, 2007; 61 FR 25497, Petitions should be in the format Restoration Act of 1984 (Pub. L. 98–417) May 21, 1996), the Agency has specified in 21 CFR 10.30. (the 1984 amendments), which determined that, for purposes of Interested persons may submit to the authorized the approval of duplicate §§ 314.161 and 314.162, never Division of Dockets Management (see versions of drug products under an marketing an approved drug product is ADDRESSES) electronic or written ANDA procedure. ANDA applicants equivalent to withdrawing the drug comments and written petitions. It is must, with certain exceptions, show that from sale. only necessary to send one set of the drug for which they are seeking FDA has reviewed its records and, comments. It is no longer necessary to approval contains the same active under § 314.161, has determined that send three copies of mailed comments. ingredient in the same strength and SODIUM FLUORIDE F 18 (sodium However, if you submit a written dosage form as the ‘‘listed drug,’’ which fluoride F–18) injection, 10 to 200 mCi/ petition, you must submit three copies is a version of the drug that was mL, was not withdrawn from sale for of the petition. Identify comments with previously approved. ANDA applicants reasons of safety or effectiveness. the docket number found in brackets in do not have to repeat the extensive Accordingly, the Agency will continue the heading of this document. clinical testing otherwise necessary to to list SODIUM FLUORIDE F 18 Comments and petitions that have not gain approval of a new drug application (sodium fluoride F–18) injection, 10 to been made publicly available on (NDA). The only clinical data required 200 mCi/mL, in the ‘‘Discontinued Drug http://www.regulations.gov may be in an ANDA are data to show that the Product List’’ section of the Orange viewed in the Division of Dockets drug that is the subject of the ANDA is Book. The ‘‘Discontinued Drug Product Management between 9 a.m. and 4 p.m., bioequivalent to the listed drug. List’’ delineates, among other items, Monday through Friday. The 1984 amendments include what drug products that have been is now section 505(j)(7) of the Federal Dated: June 2, 2011. discontinued from marketing for reasons Food, Drug, and Cosmetic Act (21 U.S.C. Jane A. Axelrad, other than safety or effectiveness. 355(j)(7)), which requires FDA to ANDAs that refer to SODIUM Associate Director for Policy, Center for Drug publish a list of all approved drugs. Evaluation and Research. FLUORIDE F 18 (sodium fluoride F–18) FDA publishes this list as part of the injection, 10 to 200 mCi/mL, may be [FR Doc. 2011–15905 Filed 6–23–11; 8:45 am] ‘‘Approved Drug Products With approved by the Agency as long as they BILLING CODE 4160–01–P Therapeutic Equivalence Evaluations,’’ meet all other legal and regulatory which is known generally as the requirements for the approval of ‘‘Orange Book.’’ Under FDA regulations, ANDAs. If FDA determines that labeling DEPARTMENT OF HEALTH AND drugs are removed from the list if the HUMAN SERVICES for this drug product should be revised Agency withdraws or suspends to meet current standards, the Agency approval of the drug’s NDA or ANDA Food and Drug Administration will advise ANDA applicants to submit for reasons of safety or effectiveness or such labeling. [Docket No. FDA–2011–N–0428] if FDA determines that the listed drug was withdrawn from sale for reasons of Dated: June 20, 2011. Determination That SODIUM safety or effectiveness (§ 314.162 (21 Leslie Kux, FLUORIDE F 18 (Sodium Fluoride F– CFR 314.162)). Acting Assistant Commissioner for Policy. 18) Injection, 10 to 200 Millicuries per A person may petition the Agency to [FR Doc. 2011–15815 Filed 6–23–11; 8:45 am] Milliliter, Was Not Withdrawn From determine, or the Agency may BILLING CODE 4160–01–P Sale for Reasons of Safety or determine on its own initiative, whether Effectiveness a listed drug was withdrawn from sale for reasons of safety or effectiveness. DEPARTMENT OF HEALTH AND AGENCY: Food and Drug Administration, This determination may be made at any HUMAN SERVICES HHS. time after the drug has been withdrawn ACTION: Notice. from sale but must be made prior to Food and Drug Administration approving an ANDA that refers to the SUMMARY: The Food and Drug [Docket No. FDA–2009–D–0012] listed drug (21 CFR 314.161). FDA may Administration (FDA) has determined not approve an ANDA that does not that SODIUM FLUORIDE F 18 (sodium International Conference on refer to a listed drug. Harmonisation; Guidance on Q4B fluoride F–18) injection, 10 to 200 SODIUM FLUORIDE F 18 (sodium millicuries per milliliter (mCi/mL), was Evaluation and Recommendation of fluoride F–18) injection, 10 to 200 mCi/ Pharmacopoeial Texts for Use in the not withdrawn from sale for reasons of mL, is the subject of NDA 22–494, held safety or effectiveness. This International Conference on by National Cancer Institute, National Harmonisation Regions; Annex 7(R2) determination will allow FDA to Institutes of Health, and initially approve abbreviated new drug on Dissolution Test General Chapter; approved on January 26, 2011. SODIUM Availability applications (ANDAs) for SODIUM FLUORIDE F 18 (sodium fluoride F–18) FLUORIDE F 18 injection, 10 to 200 is indicated for diagnostic positron AGENCY: Food and Drug Administration, mCi/mL, if all other legal and regulatory emission tomography imaging of bone to HHS. requirements are met. define areas of altered osteogenic ACTION: Notice. FOR FURTHER INFORMATION CONTACT: activity. Reena Raman, Center for Drug The NDA holder has never marketed SUMMARY: The Food and Drug Evaluation and Research, Food and SODIUM FLUORIDE F 18 (sodium Administration (FDA) is announcing the

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availability of a guidance entitled ‘‘Q4B Regarding the Guidance observers from the World Health Evaluation and Recommendation of Robert H. King, Sr., Center for Drug Organization, Health Canada, and the Pharmacopoeial Texts for Use in the Evaluation and Research, Food and European Free Trade Area. ICH Regions; Annex 7(R2): Dissolution Drug Administration, 10903 New In the Federal Register of April 5, Test General Chapter’’ (Q4B Annex Hampshire Ave., Bldg. 51, rm. 4150, 2010 (75 FR 17148), FDA published a notice announcing the availability of 7(R2)). The guidance was prepared Silver Spring, MD 20993–0002, 301– Q4B Annex 7. In September 2010, the under the auspices of the International 796–1242, or Christopher Joneckis, April 2010 guidance was revised to add Conference on Harmonisation of Center for Biologics Evaluation and guidance on Health Canada Technical Requirements for Registration Research (HFM–25), Food and Drug consideration. This second revision, of Pharmaceuticals for Human Use Administration, 1401 Rockville Pike, Q4B Annex 7(R2), specifies additional (ICH). The Q4B Annex 7(R2) is a suite 200N, Rockville, MD 20852–1448, dissolution apparatuses to which revision of the previously published 301–827–0373. ICH guidance, ‘‘Q4B Evaluation and interchangeability applies in the three Recommendation of Pharmacopoeial Regarding the ICH ICH regions: The Basket Apparatus Texts for Use in the ICH Regions; Annex Michelle Limoli, Office of (Apparatus 1), the Paddle Apparatus 7: Dissolution Test General Chapter’’ International Programs (HFG–1), Food (Apparatus 2), and the Flow-Through (Q4B Annex 7). The revised guidance and Drug Administration, 5600 Fishers Cell. Q4B Annex 7(R2) also updates the specifies additional dissolution Lane, Rockville, MD 20857, 301–827– considerations for implementation for apparatuses to which interchangeability 4480. FDA, EU, and MHLW. In addition, it applies in the three ICH regions, updates the references used for the Q4B SUPPLEMENTARY INFORMATION: updates the considerations for evaluation. implementation, and updates the I. Background Following changes made by the three references used for the Q4B evaluation. pharmacopeias and after review of the In recent years, many important changes by the ICH Q4B Expert Working The guidance is intended to recognize initiatives have been undertaken by the interchangeability between the local Group, the ICH Steering Committee, regulatory authorities and industry with the endorsement of the three regional pharmacopoeias, thus avoiding associations to promote international redundant testing in favor of a common participating regulatory agencies, harmonization of regulatory approved Q4B Annex 7(R2) in testing strategy in each regulatory requirements. FDA has participated in region. The guidance is in the form of November 2010. many meetings designed to enhance The guidance provides specific an annex to the core guidance on the harmonization and is committed to evaluation outcomes from the ICH Q4B Q4B process entitled ‘‘Q4B Evaluation seeking scientifically based harmonized process for the Dissolution Test Chapter and Recommendation of technical procedures for pharmaceutical harmonization proposal originating Pharmacopoeial Texts for Use in the development. One of the goals of from the three-party PDG. The guidance ICH Regions’’ (core ICH Q4B guidance). harmonization is to identify and then is in the form of an annex to the core DATES: Submit either electronic or reduce differences in technical ICH Q4B guidance made available in the written comments on Agency guidances requirements for drug development Federal Register of February 21, 2008 at any time. among regulatory agencies. (73 FR 9575). When implemented, the ICH was organized to provide an ADDRESSES: Submit written requests for annex will provide guidance for single copies of the guidance to the opportunity for tripartite harmonization industry and regulators on the use of the Division of Drug Information (HFD– initiatives to be developed with input specific pharmacopoeial texts evaluated 240), Center for Drug Evaluation and from both regulatory and industry by the ICH Q4B process. Research, Food and Drug representatives. FDA also seeks input FDA is issuing Q4B Annex 7(R2) as Administration, 10903 New Hampshire from consumer representatives and Level 2 guidance under FDA’s good Ave., Bldg. 51, rm. 2201, Silver Spring, others. ICH is concerned with guidance practices regulation (21 CFR MD 20993–0002, or the Office of harmonization of technical 10.115). Consistent with FDA’s good Communication, Outreach and requirements for the registration of guidance practices regulation, the Development (HFM–40), Center for pharmaceutical products among three Agency will accept comments on the Biologics Evaluation and Research regions: The European Union (EU), guidance at any time. The guidance (CBER), Food and Drug Administration, Japan, and the United States. The six represents the Agency’s current thinking 1401 Rockville Pike, suite 200N, ICH sponsors are the European on this topic. It does not create or confer Rockville, MD 20852–1448. Send one Commission; the European Federation any rights for or on any person and does self-addressed adhesive label to assist of Pharmaceutical Industries not operate to bind FDA or the public. the office in processing your requests. Associations; the Japanese Ministry of An alternative approach may be used if The guidance may also be obtained by Health, Labour and Welfare (MHLW); such approach satisfies the mail by calling CBER at 1–800–835– the Japanese Pharmaceutical requirements of the applicable statutes 4709 or 301–827–1800. See the Manufacturers Association; the Centers and regulations. for Drug Evaluation and Research and SUPPLEMENTARY INFORMATION section for II. Comments electronic access to the guidance Biologics Evaluation and Research, Interested persons may submit to the document. FDA; and the Pharmaceutical Research and Manufacturers of America. The ICH Division of Dockets Management (see Submit electronic comments on the Secretariat, which coordinates the ADDRESSES) either electronic or written guidance to http://www.regulations.gov. preparation of documentation, is comments regarding this document. It is Submit written comments to the provided by the International only necessary to send one set of Division of Dockets Management (HFA– Federation of Pharmaceutical comments. It is no longer necessary to 305), Food and Drug Administration, Manufacturers Associations (IFPMA). send two copies of mailed comments. 5630 Fishers Lane, rm. 1061, Rockville, The ICH Steering Committee includes Identify comments with the docket MD 20852. representatives from each of the ICH number found in brackets in the FOR FURTHER INFORMATION CONTACT: sponsors and the IFPMA, as well as heading of this document. Received

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comments may be seen in the Division area. Please call the Information Line for Persons attending FDA’s advisory of Dockets Management between 9 a.m. up-to-date information on this meeting. committee meetings are advised that the and 4 p.m., Monday through Friday. A notice in the Federal Register about agency is not responsible for providing last minute modifications that impact a access to electrical outlets. III. Electronic Access previously announced advisory FDA welcomes the attendance of the Persons with access to the Internet committee meeting cannot always be public at its advisory committee may obtain the document at http:// published quickly enough to provide meetings and will make every effort to www.regulations.gov, http:// timely notice. Therefore, you should accommodate persons with physical www.fda.gov/Drugs/Guidance always check the Agency’s Web site and disabilities or special needs. If you ComplianceRegulatoryInformation/ call the appropriate advisory committee require special accommodations due to Guidances/default.htm, or http:// hot line/phone line to learn about a disability, please contact Kristine T. www.fda.gov/BiologicsBloodVaccines/ possible modifications before coming to Khuc at least 7 days in advance of the GuidanceComplianceRegulatory the meeting. meeting. Information/Guidances/default.htm. Agenda: The meeting will be open to FDA is committed to the orderly Dated: June 20, 2011. the public from 8 a.m. to 9 a.m., unless conduct of its advisory committee Leslie Kux, public participation does not last that meetings. Please visit our Web site at Acting Assistant Commissioner for Policy. long; from 9 a.m. to 1 p.m., the meeting http://www.fda.gov/ AdvisoryCommittees/ [FR Doc. 2011–15814 Filed 6–23–11; 8:45 am] will be closed to permit discussion and review of trade secret and/or AboutAdvisoryCommittees/ BILLING CODE 4160–01–P confidential commercial information. ucm111462.htm for procedures on FDA generally makes background public conduct during advisory DEPARTMENT OF HEALTH AND material available to the public no later committee meetings. HUMAN SERVICES than 2 business days before the meeting Dated: June 21, 2011. or follows other procedures to make Jill Hartzler Warner, Food and Drug Administration such material available to the public. Acting Associate Commissioner for Special [Docket No. FDA–2011–N–0002] There is no background material that is Medical Programs. publicly available for this meeting. [FR Doc. 2011–15823 Filed 6–23–11; 8:45 am] Procedure: On July 20, 2011, from Joint Meeting of the Gastrointestinal BILLING CODE 4160–01–P Drugs Advisory Committee and the 8 a.m. to 9 a.m., the meeting is open to Drug Safety and Risk Management the public. Interested persons may Advisory Committee; Notice of Meeting present data, information, or views, DEPARTMENT OF HEALTH AND orally or in writing, on issues pending HUMAN SERVICES AGENCY: Food and Drug Administration, before the committee. Written HHS. submissions may be made to the contact Food and Drug Administration ACTION: Notice. person on or before July 6, 2011. Oral [Docket No. FDA–2011–N–0013] presentations from the public will be This notice announces a forthcoming scheduled between approximately meeting of a public advisory committee Statement of Organizations, Functions, 8 a.m. to 9 a.m. Those individuals of the Food and Drug Administration and Delegations of Authority interested in making formal oral (FDA). At least one portion of the presentations should notify the contact AGENCY: Food and Drug Administration, meeting will be closed to the public. HHS. Name of Committees: Gastrointestinal person and submit a brief statement of Drugs Advisory Committee and the Drug the general nature of the evidence or ACTION: Notice. Safety and Risk Management Advisory arguments they wish to present, the names and addresses of proposed SUMMARY: The Food and Drug Committee. Administration (FDA) is announcing General Function of the Committees: participants, and an indication of the that it has reorganized the Center for To provide advice and approximate time requested to make Drug Evaluation and Research (CDER), recommendations to the Agency on their presentation on or before June 27, Office of Compliance. This FDA’s regulatory issues. 2011. Time allotted for each Date and Time: The meeting will be presentation may be limited. If the reorganization includes the held on July 20, 2011, from 8 a.m. to number of registrants requesting to organizations and substructure 1 p.m. speak is greater than can be reasonably components as listed in this document. Location: Hilton Washington DC/ accommodated during the scheduled This document is announcing Silver Spring, The Ballrooms, 8727 open public hearing session, FDA may availability of the Staff Manual Guide Colesville Rd., Silver Spring, MD. The conduct a lottery to determine the that explains the details of this hotel telephone number is 301–589– speakers for the scheduled open public reorganization. 5200. hearing session. The contact person will FOR FURTHER INFORMATION CONTACT: Contact Person: Kristine T. Khuc, notify interested persons regarding their Karen Koenick, Center for Drug Center for Drug Evaluation and request to speak by June 28, 2011. Evaluation and Research (HFD–063), Research, Food and Drug Closed Committee Deliberations: On Food and Drug Administration, 11919 Administration, 10903 New Hampshire July 20, 2011, from 9 a.m. to 1 p.m., the Rockville Pike, Rockville, MD 20852, Ave., Bldg. 31, rm. 2417, Silver Spring, meeting will be closed to permit 301–796–4422. MD 20993–0002, 301–796–9001, Fax: discussion and review of trade secret 301–847–8533, e-mail: and/or confidential commercial I. Summary [email protected], or FDA Advisory information (5 U.S.C. 552b(c)(4)). The Statement of Organization, Committee Information Line, 1–800– During this session, the committees will Functions, and Delegations of Authority 741–8138 (301–443–0572 in the discuss the drug development program for CDER (35 FR 3685, February 25, Washington, DC area), and follow the of an investigational gastroenterology 1970, 60 FR 56605, November 9, 1995, prompts to the desired center or product drug. 64 FR 36361, July 6, 1999, 72 FR 50112,

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August 30, 2007, and 76 FR 19376, DEPARTMENT OF HEALTH AND The meetings will be closed to the April 7, 2011) is amended to reflect the HUMAN SERVICES public in accordance with the restructuring of CDER, FDA. This provisions set forth in sections reorganization is explained in Staff National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Manual Guides 1262.1, 1262.3, 1262, 31, as amended. The grant applications and Eunice Kennedy Shriver National 1262.32, 1262.4, 1262.41, 1262.42, the discussions could disclose Institute of Child Health & Human 1262.43, 1262.44, 1262.5, 1262.51, Development; Notice of Closed confidential trade secrets or commercial 1262.52, 1262.53, 1262.6, 1262.61, and Meeting property such as patentable material, 1262.62. This reorganization includes and personal information concerning establishing four Offices and their Pursuant to section 10(d) of the individuals associated with the grant substructures under the Office of Federal Advisory Committee Act, as applications, the disclosure of which Compliance: Office of Drug Security, amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted Integrity and Recalls (ODSIR), Office of hereby given of the following meeting. invasion of personal privacy. The meeting will be closed to the Unapproved Drugs and Labeling Name of Committee: National Heart, Lung, public in accordance with the Compliance (OUDLC), Office of and Blood Institute, Special Emphasis Panel; provisions set forth in sections Manufacturing and Product Quality Revision for Resuscitation Outcomes Center 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (OMPQ), and Office of Scientific Randomized Clinical Trial. as amended. The grant applications and Investigations (OSI). ODSIR will consist Date: July 15, 2011. of the Division of Import Operations and the discussions could disclose Time: 11 a.m. to 2 p.m. Recalls and the Division of Supply confidential trade secrets or commercial Agenda: To review and evaluate grant property such as patentable material, Chain Integrity. OUDLC will consist of applications. and personal information concerning the Division of Prescription Drugs and Place: National Institutes of Health, 6701 individuals associated with the grant the Division of Non-Prescription Drugs Rockledge Drive, Bethesda, MD 20892, applications, the disclosure of which and Health Fraud. OMPQ will consist of (Telephone Conference Call). would constitute a clearly unwarranted Contact Person: William J. Johnson, PhD, the Division of International Drug invasion of personal privacy. Quality, the Division of Domestic Drug Scientific Review Officer, Office of Scientific Quality, the Division of Policy, Name of Committee: National Institute of Review/DERA, National Heart, Lung, and Child Health and Human Development, Blood Institute, 6701 Rockledge Drive, Room Collaboration and Data Operations, and Special Emphasis Panel, ZHD1 DSR–L 50 1. 7178, Bethesda, MD 20892–7924, 301–435– the Division of GMP Assessment. OSI Date: July 20, 2011. 0725, [email protected]. will consist of the Division of Time: 4:30 to 7 p.m. Name of Committee: National Heart, Lung, Bioequivalence and Good Laboratory Agenda: To review and evaluate grant and Blood Institute, Special Emphasis Panel. Practice Compliance, the Division of applications. Studies to Identify Genetic Determinants of Good Clinical Practice Compliance, and Place: National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852, COPD. the Division of Safety Compliance. Also (Telephone Conference Call). Date: July 20, 2011. included is the abolishment of the Contact Person: Dennis E. Leszczynski, Time: 2 to 5 p.m. Division of Compliance Risk Ph.D., Scientific Review Officer, Division of Agenda: To review and evaluate grant Management. Scientific Review, Eunice Kennedy Shriver applications. National Institute of Child Health and Place: National Institutes of Health, 6701 II. Delegations of Authority Human Development, NIH, 6100 Executive Rockledge Drive, Bethesda, MD 20892, Blvd., Room 5B01, Rockville, MD 20852, (Telephone Conference Call). Pending further delegation, directives 301–435–6884, [email protected]. or orders by the Commissioner of Food Contact Person: Stephanie J. Webb, PhD, (Catalogue of Federal Domestic Assistance Scientific Review Officer, Review Branch/ and Drugs or Center Director, CDER, all Program Nos. 93.864, Population Research; DERA, National Heart, Lung, and Blood delegations and redelegations of 93.865, Research for Mothers and Children; Institute, 6701 Rockledge Drive, Room 7196, authority made to officials and 93.929, Center for Medical Rehabilitation Bethesda, MD 20892, 301–435–0291, employees of affected organizational Research; 93.209, Contraception and [email protected]. components will continue in them or Infertility Loan Repayment Program, National Institutes of Health, HHS) their successors pending further (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for redelegations, provided they are Dated: June 20, 2011. Sleep Disorders Research; 93.837, Heart and Jennifer S. Spaeth, consistent with this reorganization. Vascular Diseases Research; 93.838, Lung Director, Office of Federal Advisory Diseases Research; 93.839, Blood Diseases III. Electronic Access Committee Policy. and Resources Research, National Institutes Persons interested in seeing the [FR Doc. 2011–15872 Filed 6–23–11; 8:45 am] of Health, HHS) BILLING CODE 4140–01–P complete Staff Manual Guide can find it Dated: June 20, 2011. on FDA’s Web site at: http:// Jennifer S. Spaeth, www.fda.gov/AboutFDA/ DEPARTMENT OF HEALTH AND ReportsManualsForms/ Director, Office of Federal Advisory HUMAN SERVICES Committee Policy. StaffManualGuides/default.htm. [FR Doc. 2011–15875 Filed 6–23–11; 8:45 am] Dated: June 20, 2011. National Institutes of Health BILLING CODE 4140–01–P Leslie Kux, National Heart, Lung, and Blood Acting Assistant Commissioner for Policy. Institute; Notice of Closed Meetings [FR Doc. 2011–15801 Filed 6–23–11; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4160–01–P Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is HUMAN SERVICES HUMAN SERVICES hereby given of the following meeting. The meeting will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections Eunice Kennedy Shriver National Eunice Kennedy Shriver National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institute of Child Health & Human Institute of Child Health & Human as amended. The grant applications and Development; Notice of Closed Development; Notice of Closed the discussions could disclose Meeting Meeting confidential trade secrets or commercial property such as patentable material, Pursuant to section 10(d) of the and personal information concerning Pursuant to section 10(d) of the Federal Advisory Committee Act, as individuals associated with the grant Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is applications, the disclosure of which amended (5 U.S.C. App.), notice is hereby given of the following meeting. hereby given of the following meeting. would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. The meeting will be closed to the public in accordance with the public in accordance with the provisions set forth in sections Name of Committee: National Institute of provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, NIDDK R24 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Telephone SEP. as amended. The grant applications and the discussions could disclose Date: July 25, 2011. the discussions could disclose confidential trade secrets or commercial Time: 4 to 6 p.m. confidential trade secrets or commercial property such as patentable material, Agenda: To review and evaluate grant property such as patentable material, and personal information concerning applications. Place: National Institutes of Health, Two and personal information concerning individuals associated with the grant applications, the disclosure of which Democracy Plaza, 6707 Democracy individuals associated with the grant Boulevard, Bethesda, MD 20892, applications, the disclosure of which would constitute a clearly unwarranted (Telephone Conference Call). would constitute a clearly unwarranted invasion of personal privacy. Contact Person: Xiaodu Guo, MD, PhD, invasion of personal privacy. Name of Committee: National Institute of Scientific Review Officer, Review Branch, Child Health and Human Development DEA, NIDDK, National Institutes of Health, Name of Committee: National Institute of Special Emphasis Group; Rehabilitation Room 761, 6707 Democracy Boulevard, Child Health and Human Development, Medicine Scientist Training (RMST) Program Bethesda, MD 20892–5452, (301) 594–4719, Special Emphasis Panel. (K12). [email protected]. The Role of Human-Animal Interactions in Date: July 15, 2011. (Catalogue of Federal Domestic Assistance Child Health and Development. Time: 10 a.m. to 12:30 p.m. Program Nos. 93.847, Diabetes, Date: July 18–19, 2011. Agenda: To review and evaluate grant Endocrinology and Metabolic Research; Time: 8 a.m. to 5 p.m. applications. 93.848, Digestive Diseases and Nutrition Agenda: To review and evaluate grant Place: National Institutes of Health, 6100 Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes applications. Executive Boulevard, Rockville, MD 20852. Contact Person: Anne Krey, PhD, Scientific of Health, HHS) Place: Doubletree Hotel Washington, 1515 Review Officer, Division of Scientific Rhode Island Avenue, NW., Washington, DC Review, Eunice Kennedy Shriver National Dated: June 20, 2011. 20005. Institute of Child Health and Human Jennifer S. Spaeth, Contact Person: Marita R. Hopmann, PhD, Development, NIH, 6100 Executive Blvd., Director, Office of Federal Advisory Scientific Review Officer, Division of Room 5B01, Bethesda, MD 20892, 301–435– Committee Policy. Scientific Review, Eunice Kennedy Shriver 6908, [email protected]. [FR Doc. 2011–15879 Filed 6–23–11; 8:45 am] National Institute of Child Health and (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Human Development, NIH, 6100 Executive Program Nos. 93.864, Population Research; Blvd., room 5B01, Bethesda, MD 20892, 301– 93.865, Research for Mothers and Children; 435–6911, [email protected]. 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Research; 93.209, Contraception and HUMAN SERVICES Infertility Loan Repayment Program, National Program Nos. 93.864, Population Research; Institutes of Health, HHS) 93.865, Research for Mothers and Children; National Institutes of Health 93.929, Center for Medical Rehabilitation Dated: June 20, 2011. Research; 93.209, Contraception and Jennifer S. Spaeth, Eunice Kennedy Shriver National Infertility Loan Repayment Program, National Director, Office of Federal Advisory Institute of Child Health & Human Institutes of Health, HHS) Committee Policy. Development; Notice of Closed Meeting Dated: June 20, 2011. [FR Doc. 2011–15877 Filed 6–23–11; 8:45 am] Jennifer S. Spaeth, BILLING CODE 4140–01–P Pursuant to section 10(d) of the Director, Office of Federal Advisory Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND hereby given of the following meeting. [FR Doc. 2011–15874 Filed 6–23–11; 8:45 am] HUMAN SERVICES The meeting will be closed to the BILLING CODE 4140–01–P public in accordance with the National Institutes of Health provisions set forth in sections National Institute of Diabetes and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Digestive and Kidney Diseases; Notice as amended. The grant applications and of Closed Meeting the discussions could disclose confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, Federal Advisory Committee Act, as and personal information concerning

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individuals associated with the grant Place: National Institutes of Health, Two DEPARTMENT OF HEALTH AND applications, the disclosure of which Democracy Plaza, 6707 Democracy HUMAN SERVICES would constitute a clearly unwarranted Boulevard, Bethesda, MD 20892, (Telephone Conference Call). Substance Abuse and Mental Health invasion of personal privacy. Contact Person: William J Johnson, PhD, Name of Committee: National Institute of Scientific Review Officer, Office of Scientific Services Administration Child Health and Human Development Review/DERA, National Heart, Lung, and Special Emphasis Panel, Palatal Development Blood Institute, 6701 Rockledge Drive, Room Agency Information Collection and Clefting. 7178, Bethesda, MD 20892–7924, 301–435– Activities: Submission for OMB Date: July 15, 2011. 0725, [email protected]. Review; Comment Request Time: 2 p.m. to 5 p.m. Name of Committee: National Heart, Lung, Agenda: To review and evaluate grant and Blood Institute Special Emphasis Panel, Periodically, the Substance Abuse and applications. Short Term Research Training Program. Place: National Institutes of Health, 6100 Mental Health Services Administration Date: July 20, 2011. Executive Boulevard, Rockville, MD 20852, (SAMHSA) will publish a summary of Time: 1 p.m. to 4 p.m. (Telephone Conference Call). information collection requests under Agenda: To review and evaluate grant Contact Person: Neelakanta Ravindranath, applications. OMB review, in compliance with the PhD, Scientific Review Officer, Division of Place: National Institutes of Health, 6701 Paperwork Reduction Act (44 U.S.C. Scientific Review, Eunice Kennedy Shriver Rockledge Drive, Bethesda, MD 20892, National Institute of Child Health and Chapter 35). To request a copy of these (Telephone Conference Call). Human Development, NIH, 6100 Executive documents, call the SAMHSA Reports Contact Person: Charles Joyce, PhD, Blvd., Room 5B0G, MSC 7510, Bethesda/ Clearance Officer on (240) 276–1243. Scientific Review Officer, Office of Scientific Rockville, MD 20817, 301–435–6889, Review/DERA, National Heart, Lung, and [email protected]. Project: 2012 National Survey on Drug Blood Institute, 6701 Rockledge Drive, Room Use and Health—(OMB No. 0930– (Catalogue of Federal Domestic Assistance 7196, Bethesda, MD 20892–7924, 301–435– Program Nos. 93.864, Population Research; 0288, [email protected]. 0110)—Revision 93.865, Research for Mothers and Children; Name of Committee: National Heart, Lung, 93.929, Center for Medical Rehabilitation The National Survey on Drug Use and and Blood Institute Special Emphasis Panel, Health (NSDUH) is a survey of the Research; 93.209, Contraception and NHLBI Career Enhancement Grants for Stem Infertility Loan Repayment Program, National Cell Research. civilian, non-institutionalized Institutes of Health, HHS) Date: July 25, 2011. population of the United States 12 years Dated: June 20, 2011. Time: 1 p.m. to 3 p.m. old and older. The data are used to Jennifer S. Spaeth, Agenda: To review and evaluate grant determine the prevalence of use of applications. Director, Office of Federal Advisory tobacco products, alcohol, illicit Place: National Institutes of Health, 6701 Committee Policy. Rockledge Drive, Bethesda, MD 20892, substances, and illicit use of [FR Doc. 2011–15880 Filed 6–23–11; 8:45 am] (Telephone Conference Call). prescription drugs. The results are used BILLING CODE 4140–01–P Contact Person: Jeffrey H Hurst, PhD, by SAMHSA, ONDCP, Federal Scientific Review Officer, Office of Scientific government agencies, and other Review/DERA, National Heart, Lung, and organizations and researchers to DEPARTMENT OF HEALTH AND Blood Institute, 6701 Rockledge Drive, Room establish policy, direct program HUMAN SERVICES 7208, Bethesda, MD 20892, 301–435–0303, [email protected]. activities, and better allocate resources. National Institutes of Health Name of Committee: National Heart, Lung, The 2012 and 2013 NSDUHs will and Blood Institute Special Emphasis Panel, continue conducting a follow-up National Heart, Lung, and Blood Long Term Outcome in Acute Respiratory clinical interview with a subsample of Institute; Notice of Closed Meetings Failure Resource Application. approximately 1,500 respondents. The Date: July 26, 2011. Pursuant to section 10(d) of the Time: 2 p.m. to 4 p.m. design of this Mental Health Federal Advisory Committee Act, as Agenda: To review and evaluate grant Surveillance Study (MHSS) is based on amended (5 U.S.C. App.), notice is applications. the recommendations from a panel of hereby given of the following meetings. Place: National Institutes of Health, 6701 expert consultants convened by the Rockledge Drive, Bethesda, MD 20892, Center for Mental Health Services The meetings will be closed to the (Telephone Conference Call). public in accordance with the Contact Person: Keary A Cope, PhD, (CMHS), SAMHSA, to discuss mental provisions set forth in sections Scientific Review Officer, Office of Scientific health surveillance data collection 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review/DERA, National Heart, Lung, and strategies. The goal is to create a as amended. The grant applications and Blood Institute, 6701 Rockledge Drive, Room statistically sound measure that may be the discussions could disclose 7190, Bethesda, MD 20892–7924, 301–435– used to estimate the prevalence of confidential trade secrets or commercial 2222 [email protected]. Serious Mental Illness (SMI) among property such as patentable material, (Catalogue of Federal Domestic Assistance adults (age 18+). and personal information concerning Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and For the 2012 and 2013 NSDUHs, no individuals associated with the grant Vascular Diseases Research; 93.838, Lung questionnaire changes are proposed. applications, the disclosure of which Diseases Research; 93.839, Blood Diseases would constitute a clearly unwarranted and Resources Research, National Institutes As with all NSDUH/NHSDA surveys invasion of personal privacy. of Health, HHS) conducted since 1999, the sample size of the survey for 2012 and 2013 will be Name of Committee: National Heart, Lung, Dated: June 20, 2011. sufficient to permit prevalence estimates and Blood Institute Special Emphasis Panel, Jennifer S. Spaeth, Lung Genomics Resource. for each of the fifty states and the Director, Office of Federal Advisory Date: July 13, 2011. Committee Policy. District of Columbia. The total annual Time: 12 p.m. to 4 p.m. burden estimate is shown below: Agenda: To review and evaluate grant [FR Doc. 2011–15878 Filed 6–23–11; 8:45 am] applications. BILLING CODE 4140–01–P

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ESTIMATED ANNUAL BURDEN FOR 2012/2013 NSDUH

Responses Instrument Number of per Hours per Total burden Hourly wage Annualized respondents respondent response hours rate hourly costs

Household Screening ...... 191,100 1 0.083 15,861 $14.71 $233,315 Interview ...... 67,500 1 1.000 67,500 14.71 992,925 Clinical Follow-up Certification ...... 90 1 1.000 90 14.71 1,324 Clinical Follow-up Interview ...... 1,500 1 1.000 1,500 14.71 22,065 Screening Verification ...... 5,400 1 0.067 362 14.71 5,325 Interview Verification ...... 10,125 1 0.067 678 14.71 9,973

Total ...... 191,190 ...... 85,991 1,264,927

Written comments and disaster by the President in his products for customs purposes, in recommendations concerning the declaration of May 9, 2011. accordance with the provisions of 19 proposed information collection should Miller County for Public Assistance, CFR 151.12 and 19 CFR 151.13. Anyone be sent by July 25, 2011 to: SAMHSA including direct Federal assistance. wishing to employ this entity to conduct Desk Officer, Human Resources and Pettis County for Individual Assistance and laboratory analyses and gauger services Housing Branch, Office of Management Public Assistance, including direct Federal should request and receive written and Budget, New Executive Office assistance. assurances from the entity that it is Building, Room 10235, Washington, DC The following Catalog of Federal Domestic accredited or approved by the U.S. 20503; due to potential delays in OMB’s Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Customs and Border Protection to receipt and processing of mail sent conduct the specific test or gauger through the U.S. Postal Service, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; service requested. Alternatively, respondents are encouraged to submit 97.033, Disaster Legal Services; 97.034, inquiries regarding the specific test or comments by fax to: 202–395–7285. Disaster Unemployment Assistance (DUA); gauger service this entity is accredited Dated: June 17, 2011. 97.046, Fire Management Assistance Grant; or approved to perform may be directed Elaine Parry, 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially to the U.S. Customs and Border Director, Office of Management, Technology Declared Disaster Areas; 97.049, Protection by calling (202) 344–1060. and Operations. Presidentially Declared Disaster Assistance— The inquiry may also be sent to [FR Doc. 2011–15831 Filed 6–23–11; 8:45 am] Disaster Housing Operations for Individuals [email protected]. Please reference the BILLING CODE 4162–20–P and Households; 97.050, Presidentially Web site listed below for a complete Declared Disaster Assistance to Individuals listing of CBP approved gaugers and and Households—Other Needs; 97.036, Disaster Grants—Public Assistance accredited laboratories. http://cbp.gov/ DEPARTMENT OF HOMELAND xp/cgov/import/operations_support/ SECURITY (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. labs_scientific_svcs/ _ Federal Emergency Management Dated: June 20, 2011. commercial gaugers/ Agency W. Craig Fugate, DATES: The accreditation and approval [Internal Agency Docket No. FEMA–1980– Administrator, Federal Emergency of Intertek USA, Inc., as commercial DR; Docket ID FEMA–2011–0001] Management Agency. gauger and laboratory became effective [FR Doc. 2011–15914 Filed 6–23–11; 8:45 am] on February 16, 2011. The next triennial Missouri; Amendment No. 7 to Notice BILLING CODE 9111–23–P inspection date will be scheduled for of a Major Disaster Declaration February 2014. AGENCY: Federal Emergency DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Management Agency, DHS. SECURITY Anthony Malana, Laboratories and ACTION: Notice. Scientific Services, U.S. Customs and U.S. Customs and Border Protection Border Protection, 1300 Pennsylvania SUMMARY: This notice amends the notice Avenue, NW., Suite 1500N, of a major disaster declaration for the Accreditation and Approval of Intertek Washington, DC 20229, 202–344–1060. State of Missouri (FEMA–1980–DR), USA, Inc., as a Commercial Gauger dated May 9, 2011, and related and Laboratory Dated: June 16, 2011. determinations. Ira S. Reese, AGENCY: U.S. Customs and Border DATES: Effective Date: June 13, 2011. Executive Director, Laboratories and Protection, Department of Homeland Scientific Services. FOR FURTHER INFORMATION CONTACT: Security. Peggy Miller, Office of Response and [FR Doc. 2011–15794 Filed 6–23–11; 8:45 am] ACTION: Notice of accreditation and Recovery, Federal Emergency BILLING CODE 9111–14–P approval of Intertek USA, Inc., as a Management Agency, 500 C Street, SW., commercial gauger and laboratory. Washington, DC 20472, (202) 646–3886. SUPPLEMENTARY INFORMATION: The notice SUMMARY: Notice is hereby given that, of a major disaster declaration for the pursuant to 19 CFR 151.12 and 19 CFR State of Missouri is hereby amended to 151.13, Intertek USA, Inc., 4398 include the following area among those Highway 77 N, Marion, AR 72364, has areas determined to have been adversely been approved to gauge and accredited affected by the event declared a major to test petroleum and petroleum

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DEPARTMENT OF HOMELAND entries) prior to liquidation by filing information on prior disclosures see SECURITY with Customs and Border Protection CBP’s Informed Compliance Publication (CBP) either an individual amendment ‘‘The ABC’s of Prior Disclosure’’ U.S. Customs and Border Protection letter upon discovery of certain kinds of available on cbp.gov. errors or a quarterly tracking report Other than this modification and Post-Entry Amendment (PEA) covering certain other errors that clarification, the PEA test procedures Processing Test: Modification, occurred during the quarter. remain as set forth in previously Clarification, and Extension In a notice published in the Federal published notices. Register (65 FR 70872) on November 28, AGENCY: Customs and Border Protection, III. Extension of the PEA Test Department of Homeland Security. 2000, CBP announced and described the PEA processing test (the test or PEA This notice announces a further ACTION: General notice. test). The notice announced that the test extension of the PEA test for a three- SUMMARY: This document announces a would commence no earlier than year period, or such period as may be modification of U.S. Customs and December 28, 2000, and run subsequently announced by CBP, Border Protection’s (CBP’s) Post-Entry approximately one year. commencing on the date this document Amendment (PEA) Processing test, The PEA test was extended on four is published in the Federal Register. which allows the amendment of entry subsequent occasions by publication of Dated: May 23, 2011. notice in the Federal Register as summaries prior to liquidation. The test Allen Gina, is being modified to reflect that PEA follows: To December 21, 2002 (67 FR 768, published January 7, 2002); to Assistant Commissioner, Office of procedures will no longer be accepted International Trade. for entry summaries filed in the December 31, 2003 (68 FR 8329, published February 20, 2003); to [FR Doc. 2011–15804 Filed 6–23–11; 8:45 am] Automated Commercial Environment BILLING CODE P (ACE). In addition, this notice clarifies December 31, 2004 (69 FR 5860, that for any PEA which results in published February 6, 2004); and to August 21, 2008 (72 FR 46654, Antidumping/Countervailing Duty (AD/ DEPARTMENT OF HOMELAND published August 21, 2007). CVD) cash deposits due (or bond, if SECURITY allowed), such deposits or bond are due II. Modification and Clarification of the with the submission of the PEA. Lastly, PEA Test U.S. Customs and Border Protection this notice announces that the PEA test In a related notice published in this Post-Summary Corrections to Entry is extended for an additional three-year edition of the Federal Register, CBP period. Summaries Filed in ACE Pursuant to announces its plan to conduct a the ESAR IV Test DATES: The Post-Entry Amendment National Customs Automation Program (PEA) Processing test modification set test concerning new ACE Entry AGENCY: U.S. Customs and Border forth in this document is effective Summary, Accounts and Revenue Protection, Department of Homeland September 22, 2011. The PEA test is (ESAR IV) capabilities. These new Security. extended for a three-year period, or such capabilities include functionalities ACTION: General notice. period as may be subsequently specific to Automated Broker Interface announced by CBP, commencing on processing of post-summary corrections SUMMARY: This document announces June 24, 2011. (PSCs) for entry summaries filed in U.S. Custom and Border Protection’s ADDRESSES: Written comments ACE. The notice announces that, for (CBP’s) plan to conduct a National regarding this notice should be purposes of ESAR IV, a PSC transaction Customs Automation Program test addressed to U.S. Customs and Border will replace the existing Post-Entry concerning new Automated Commercial Protection, Entry and Drawback Amendment (PEA) hard copy process Environment (ACE) Entry Summary, Management Branch, Office of for entry summaries filed under ACE. Accounts and Revenue (ESAR IV) International Trade, ATTN: Post-Entry Accordingly, this notice announces capabilities. Specifically, importers will Amendment, 1300 Pennsylvania conforming changes to the PEA test be allowed to use the Automated Broker Avenue, NW., Washington, DC 20229. whereby PEA procedures will no longer Interface (ABI) to file post-summary corrections (PSCs) of certain pre- FOR FURTHER INFORMATION CONTACT: be accepted for entry summaries filed in Questions pertaining to any aspect of ACE effective September 22, 2011. liquidation ACE entry summaries. As this notice should be directed to Laurie This notice also clarifies that for any the PSC procedure replaces the existing Dempsey, U.S. Customs and Border PEA which results in Antidumping/ Post-Entry Amendment (PEA) hard copy Protection, Entry and Drawback Countervailing Duty (AD/CVD) cash process for entry summaries filed under Management Branch, Office of deposits due (or bond, if allowed), such ACE, PEA procedures will no longer be International Trade, at (202) 863–6509 deposits or bond are due with the accepted for entry summaries filed in or via e-mail at submission of the PEA. There is no de ACE effective September 22, 2011. This [email protected]. minimis amount for AD/CVD duties. notice also describes ESAR IV Portal Liquidated damages may apply if the enhancements and announces test SUPPLEMENTARY INFORMATION: appropriate AD/CVD duties (or bond) particulars including commencement Background are not submitted with the PEA. date, eligibility, procedural and In addition, CBP requests that documentation requirements, and test I. Post-Entry Amendment Processing participants not use submissions made development and evaluation methods. Test Program under this test as a means of submitting DATES: The ESAR IV test will commence The Post-Entry Amendment (PEA) a prior disclosure under 19 U.S.C. 1592. July 25, 2011, and will continue until Processing test procedure is authorized If a participant wishes to file a prior concluded by way of announcement in under § 101.9(a) of title 19 of the Code disclosure for an entry summary the Federal Register. Effective of Federal Regulations (19 CFR amended under this test, the rules and September 22, 2011, PEA procedures 101.9(a)), and allows importers to procedures set forth in 19 CFR 162.74 will no longer be accepted for entry amend entry summaries (not informal should be followed. For more summaries filed in ACE. Comments

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concerning this notice and any aspect of replacement of that entry summary, as D. Criteria and Rules for Filing a Post- the test may be submitted at any time well as a replacement of any prior PSCs Summary Correction (PSC) during the test period to the address set that may have been made to the original forth below. entry summary. To file a PSC on an existing ACE entry type 01 or 03, the original entry ADDRESSES: Comments concerning this CBP requests that participants not use summary or previously filed PSC must notice should be submitted via e-mail to submissions made under this test as a satisfy the following requirements: Monica Crockett at means of submitting a prior disclosure • The entry summary or previously [email protected]. Please under 19 U.S.C. 1592. If a participant indicate ‘‘ESAR IV (Post Summary filed PSC cannot be liquidated. wishes to file a prior disclosure for an • Corrections Processing)’’ in the subject entry summary corrected under this test, The entry summary must be fully line of your e-mail. the rules and procedures set forth in 19 paid or revenue free. FOR FURTHER INFORMATION CONTACT: For CFR 162.74 should be followed. For • When a PSC results in a type 01 policy-related questions, contact more information on prior disclosures entry being changed/corrected to Cynthia Whittenburg at see CBP’s Informed Compliance indicate it is a type 03 entry, or if a PSC [email protected]. For Publication entitled ‘‘The ABC’s of Prior for a change/correction to a type 03 technical questions related to ABI Disclosure,’’ available on http:// entry results in additional AD/CVD transmissions, contact your assigned www.cbp.gov/xp/cgov/trade/legal/ duties due, the importer of record must client representative. Interested parties informed_compliance_pubs/. deposit the associated AD/CVD duties without an assigned client (or bond, if allowed) at the same time representative should direct their B. Portal Capability the PSC is filed. The failure to make the questions to the Client Representative deposit (or bond, if allowed) may result Branch at (703) 650–3500. ACE Portal Account owners who have in a claim for liquidated damages. the ability to select ‘‘portal’’ as their SUPPLEMENTARY INFORMATION: • mode of communication will now be The entry summary or previously Background able to respond to CBP Forms 28, 29 and filed PSC must be in ‘‘accepted’’ status. 4647 via the ACE Portal for both ACS ‘‘Accepted’’ status is defined as an entry I. Automated Commercial Environment summary or previously filed PSC that and ACE entry summaries. ACE Portal (ACE) Test Programs has passed through all technical edits Reports will be enhanced to include and validations. Automated Commercial Environment improvements to the current list of entry • (ACE) prototypes are tested in summary data elements. The enhanced The entry summary or previously accordance with § 101.9(b) of title 19 of entry summary list will be easier to use filed PSC must be in ‘‘CBP control,’’ the Code of Federal Regulations (19 CFR and will provide additional flexibility accepted and fully paid, and not in 101.9(b)), which provides for the testing when the user is creating and modifying ‘‘trade control.’’ The entry summary or of National Customs Automation entry summary reports. PSC data previously filed PSC is in ‘‘trade Program (NCAP) components. A elements will also be available for control’’ when it is successfully chronological listing of Federal Register further customization of existing entry accepted in the system and not on a publications detailing ACE test summary reports. Additional PSC data statement. The entry summary or developments is set forth below in elements include a PSC indicator, PSC previously filed PSC is in ‘‘CBP control’’ when it is placed on a statement. section VII of this document. The filer, PSC reason codes at both the • procedures and criteria related to header and the line level, and an The PSC filing must be transmitted participation in the prior ACE tests accelerated liquidation request within 270 days of the date of entry. remain in effect unless otherwise indicator. • The entry summary or previously explicitly changed by this or subsequent filed PSC cannot be filed within 20 notices published in the Federal C. Electronic Data Interface (EDI) calendar days of the scheduled Register. Capability liquidation date. II. ACE Entry Summary, Accounts and Trade participants will be able to • The entry summary or previously Revenue (ESAR IV) Capabilities Relating submit a PSC for existing ACE formal filed PSC cannot be under CBP review. to the Automated Broker Interface (ABI) (type 01) entries and Antidumping/ The filer will receive a message Processing of Post-Summary Corrections Countervailing (type 03) entries. indicating ‘‘PSC not allowed under CBP (PSCs) for ACE Entry Summaries Informal entries (type 11) are not Review’’ if a PSC is submitted where the A. In General eligible for PSC. An authorized ACE entry summary or previously filed PSC entry summary filer may submit a PSC is in CBP review. This notice announces CBP’s plan to for an ACE entry summary originally • An entry summary or previously conduct a test concerning new ACE submitted by another ACE entry filed PSC that has been flagged for Entry Summary, Accounts and Revenue summary filer if authorized by the same reconciliation may only be corrected by (ESAR IV) functionalities that permit importer of record. a PSC that does not affect the flagged importers to file post-summary issue. corrections (PSCs) of certain ACE entry As noted above, a PSC transaction • summaries using the Automated Broker contains all of the data elements in the A text explanation and at least one Interface (ABI). Under ESAR IV, original entry summary. It is a complete reason code (both to be submitted importers will be allowed to use ABI to replacement of the entry summary electronically with the PSC entry file PSCs to those pre-liquidation ACE originally filed with CBP (including any summary) are required for each PSC entry summaries that have been previously filed PSCs) and will be submission. accepted by CBP and are fully paid and processed through all existing • There are no limitations to the under CBP control. validations including Census warnings. number of PSCs that can be submitted A PSC/ABI transaction contains all of Accordingly, the act of filing a PSC will for any one entry so long as the PSC is the data elements in the original entry constitute ‘‘customs business’’ as not within the disallowed timeframe summary and constitutes a complete defined in 19 CFR 111.1. and all other requirements are met.

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E. Data Elements That Cannot Be www.cbp.gov/linkhandler/cgov/trade/ recordkeeping obligations for the Changed Via Post Summary Correction trade_programs/entry_summary/ace/ records on which their filing is based; (PSC) ace_es_business.ctt/ therefore entry filers and PSC filers are _ _ Certain data elements cannot be ace es business.pdf. Both the CATAIR not responsible or accountable for any changed using PSC procedures and CBP and the ‘‘Business Rules and Process submission not made by them and they Document’’ will continue to be updated do not incur recordkeeping obligations will reject any PSC submission to reflect future deployments of ACE related to such submissions. containing prohibited data elements. functionality. The following is a list of data elements I. Post-Entry Amendments (PEAs) To Be that cannot be changed via PSC: H. Access by Filers to Entry and Post Phased Out for Entry Summaries Filed • A type 03 entry cannot be changed Summary Correction (PSC) Data in ACE to a type 01 entry. Entry summary data is confidential The Post-Entry Amendment (PEA) test • Importer of record. commercial information. With regard to allows importers to amend entry • Consolidated summary indicator. visibility to the information, the full summaries (excluding informal entries) • District/port of entry. content of the original entry summary prior to liquidation by filing with CBP • Cargo release certification request will be provided only to the filer of that either an individual amendment letter indicator (this includes Department of entry summary. As stated above, once a upon discovery of an error or a quarterly Transportation (DOT) grouping; Food PSC is filed it fully replaces the original tracking report covering any errors that and Drug Administration (FDA) entry summary. Accordingly, full occurred during the quarter. General grouping; and Participating Government information with respect to the PSC is guidelines and other applicable criteria Agency (PGA) grouping). only available to the filer of the PSC. for filing post-entry amendments were • Live entry indicator. The filer of the original entry summary published in the following series of • NAFTA indicator. will be notified that the entry summary Federal Register notices: 65 FR 70872 • Reconciliation issue code. has been fully replaced by a PSC, but (November 8, 2000); 67 FR 768 (January • Preliminary statement print date. will not have visibility to the new filing. 7, 2002); 68 FR 8329 (February 20, • Periodic statement month. Similarly, if a subsequent PSC is filed, 2003); 69 FR 5860 (February 6, 2004); • Statement client branch identifier. it fully replaces the previously filed PSC and 72 FR 46654 (August 21, 2007). • Location of goods code. (which had fully replaced the original This notice announces that, for • Any release detail (release entry entry summary) and full information is purposes of ESAR IV, a PSC transaction filer code, release entry number). visible only to the filer of the will replace the existing Post-Entry Where applicable, a test participant subsequent PSC. The filer of the original Amendment (PEA) hardcopy process for may file a prior disclosure to reflect a entry summary or the filer of the entry summaries filed under ACE. For change to these data elements pursuant previously filed PSC will be notified this reason, effective September 22, to 19 CFR 162.74. that a new replacement entry summary 2011, PEA procedures will no longer be F. Liquidation Notices has been filed by a PSC, but will not accepted for entry summaries filed in have visibility to the new filing. For ACE. Prior to this date, test participants For non-type 03 entries, when a filer example, if filer A files the original may file either a PSC or a PEA to correct changes the entry summary data via entry summary and then filer B submits an entry summary filed in ACE. It is PSC, and CBP makes no further changes a PSC, filer A will receive notification noted, however, that a filer should not to that data, the entry will liquidate ‘‘no that a PSC has been filed. If filer A then use both methods to correct the same change’’ as entered. A status of ‘‘no submits a subsequent PSC, filer B will data element in the same entry change’’ on the bulletin notice of receive notification of the PSC filing but summary. A related notice announcing liquidation will signify that CBP did not filer A will not have visibility to what this change to the PEA test is published change the data submitted on the last filer B submitted. Conversely, filer B in this edition of the Federal Register. accepted PSC. A type 03 entry will not will not have visibility to what filer A be liquidated until the Department of submitted. Only the filer of the latest III. Confidentiality Commerce issues liquidation PSC will be able to get the latest full All data submitted and entered into instructions to CBP covering that entry. entry summary replacement data in the ACE Portal is subject to the Trade G. ACE ABI CATAIR response to a query. Secrets Act (18 U.S.C. 1905) and is As the information in the entry considered confidential, except to the To reflect the new ESAR IV summary, including any PSC, is the extent as otherwise provided by law (see capabilities, CBP has revised the property of the importer, full access to 19 U.S.C. 1431(c)). As stated in previous following ACE ABI CATAIR chapters: the original entry summary and all PSCs notices, participation in this or any of • Entry Summary Create/Update may be provided by the importer of the previous ACE tests is not • Entry Summary Query record to filers through normal business confidential and upon a written • Entry Summary Status Notification communication channels. In the Freedom of Information Act request, a • Appendix G—ACE Condition Codes alternative, if the importer of record has name(s) of an approved participant(s) and Narrative Text a portal account, the importer of record will be disclosed by CBP in accordance Documentation specifying the details may elect to grant user access to his with 5 U.S.C. 552. If necessary, CBP will of electronic submissions of PSCs may portal account. reserve the right to limit the number of be found in the ACE ABI CATAIR on In situations where an earlier filer participants and locations during the the CBP Web site located at http:// does not have access to information initial stages of the test. www.cbp.gov/xp/cgov/trade/automated/ provided by a subsequent PSC filer, CBP modernization/ace_edi_messages/ notes that each entry filer and PSC filer IV. Waiver of Affected Regulations catair_main/abi_catair. Operational is individually responsible and Any provision in 19 CFR including, documentation addressing PSC may be accountable for the accuracy, but not limited to, provisions found in found in the ACE Entry Summary completeness, and content of the parts 141, 142, 143 and 151 thereof ‘‘Business Rules and Process information contained in their separate relating to entry/entry summary Document’’ located at http:// submissions. Each filer has processing that are inconsistent with the

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requirements set forth in this notice are the Customs Bulletin as required by 19 DEPARTMENT OF HOUSING AND waived for the duration of the test. See CFR 101.9(b). The following evaluation URBAN DEVELOPMENT 19 CFR 101.9(a). Additionally, any methods and criteria have been [Docket No. FR–5480–N–57] previous practice pertaining to party suggested: definitions, including but not limited to 1. Baseline measurements to be Notice of Submission of Proposed ‘‘ultimate consignee,’’ that are established through data analysis. Information Collection to OMB inconsistent with the requirements set 2. Questionnaires from both trade Sustainable Communities Regional forth in this notice are waived for the Grant Program duration of the test. The CATAIR should participants and CBP addressing such be consulted for appropriate terms and issues as: AGENCY: Office of the Chief Information definitions for purposes of this test. • Workload impact (workload shifts/ Officer, HUD. V. Misconduct Under the Test volume, cycle times, etc.). ACTION: Notice. • Cost savings (staff, interest, An ACE test participant may be SUMMARY: The proposed information subject to civil and criminal penalties, reduction in mailing costs, etc.). collection requirement described below administrative sanctions, liquidated • Policy and procedure has been submitted to the Office of damages, and/or suspension from this accommodation. Management and Budget (OMB) for test for any of the following: • Trade compliance impact. review, as required by the Paperwork • Failure to follow the terms and • Reduction Act. The Department is conditions of this test. Problem resolution. soliciting public comments on the • Failure to exercise reasonable care • System efficiency. subject proposal. in the execution of participant • Operational efficiency. This data collection is designed to obligations. • • provide HUD information regarding the Failure to abide by applicable laws Other issues identified by the Sustainable Communities Regional and regulations. participant group. Planning Grant Program NOFA • Failure to timely deposit duties or VII. Development of ACE Prototypes applications to ensure that information fees, including any applicable AD/CVD is provided to HUD in a standard cash deposits (or bond, if allowed). • A chronological listing of Federal manner. Misuse of the ACE Portal. Register publications detailing ACE test • Engagement in any unauthorized DATES: Comments Due Date: July 25, developments is set forth below. disclosure or access to the ACE Portal. 2011. • • ACE Portal Accounts and Engagement in any activity that ADDRESSES: Interested persons are Subsequent Revision Notices: 67 FR with the successful evaluation of the invited to submit comments regarding new technology. 21800 (May 1, 2002); 70 FR 5199 this proposal. Comments should refer to Suspensions for misconduct will be (February 1, 2005); 69 FR 5360 and 69 the proposal by name and/or OMB administered by the Executive Director, FR 5362 (February 4, 2004); 69 FR approval Number (2501–0024) and Commercial Targeting and Enforcement, 54302 (September 8, 2004). should be sent to: HUD Desk Officer, Office of International Trade, CBP • ACE System of Records Notice: 71 Office of Management and Budget, New Headquarters. A written notice FR 3109 (January 19, 2006). Executive Office Building, Washington, proposing suspension will be issued to DC 20503; e-mail: OIRA– the participant that apprises the • Terms/Conditions for Access to the ACE Portal and Subsequent Revisions: [email protected] fax: 202–395– participant of the facts or conduct 5806. warranting suspension and informs the 72 FR 27632 (May 16, 2007); 73 FR participant of the date the suspension 38464 (July 7, 2008). FOR FURTHER INFORMATION CONTACT: will begin. Any decision proposing • Colette Pollard, Reports Management ACE Non-Portal Accounts and Officer, QDAM, Department of Housing suspension of a participant may be Related Notice: 70 FR 61466 (October appealed in writing to the Assistant and Urban Development, 451 Seventh 24, 2005); 71 FR 15756 (March 29, Street, SW., Washington, DC 20410; Commissioner, Office of International 2006). Trade within 15 calendar days of the e-mail: Colette Pollard at • notification date. An appeal of a ACE Entry Summary, Accounts and [email protected]; or telephone: decision of proposed suspension must Revenue (ESAR I) Capabilities: 72 FR (202) 402–3400. This is not a toll-free address the facts or conduct charges 59105 (October 18, 2007). number. Copies of available documents submitted to OMB may be obtained contained in the notice and state how • ACE Entry, Summary, Accounts from Ms. Pollard. compliance will be achieved. In cases of and Revenue (ESAR II) Capabilities: 73 non-payment, late payment, willful FR 50337 (August 26, 2008); 74 FR 9826 SUPPLEMENTARY INFORMATION: This misconduct or where public health (March 6, 2009). notice informs the public that the Department of Housing and Urban interests or safety is concerned, a • suspension may be effective ACE Entry, Summary, Accounts Development has submitted to OMB a immediately. and Revenue (ESAR III) Capabilities: 74 request for approval of the Information FR 69129 (December 30, 2009). collection described below. This notice VI. Test Evaluation Criteria Dated: May 23, 2011. is soliciting comments from members of To ensure adequate feedback, Allen Gina, the public and affecting agencies participants are required to participate concerning the proposed collection of Assistant Commissioner, Office of in an evaluation of this test. CBP also information to: (1) Evaluate whether the International Trade. invites all interested parties to comment proposed collection of information is on the design, implementation and [FR Doc. 2011–15834 Filed 6–23–11; 8:45 am] necessary for the proper performance of conduct of the test at any time during BILLING CODE P the functions of the agency, including the test period. CBP will publish the whether the information will have final results in the Federal Register and practical utility; (2) Evaluate the

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accuracy of the agency’s estimate of the e.g., permitting electronic submission of data collection is designed to provide burden of the proposed collection of responses. HUD information regarding the information; (3) Enhance the quality, This notice also lists the following Sustainable Communities Regional utility, and clarity of the information to information: Planning Grant Program NOFA be collected; and (4) Minimize the Title of Proposal: Sustainable applications to ensure that information burden of the collection of information Communities Regional Grant Program. is provided to HUD in a standard on those who are to respond; including OMB Approval Number: 2501–0024. manner. through the use of appropriate Form Numbers: HUD Form 2010. automated collection techniques or Description of the Need for the Frequency of Submission: On other forms of information technology, Information and its Proposed Use: This occasion.

Number of Annual re- × Hours per respondents sponses response = Burden hours

Reporting Burden ...... 300 1 2 600

Total Estimated Burden Hours: 600. Room 4112, Washington, DC 20410– advises the public that, on June 2, 2011, Status: Reinstatement with change of 4000, telephone number 202–402–8500 upon request of the Medford Housing previously approved collection. (this is not a toll-free number); or Authority, HUD granted an exception to Authority: Section 3507 of the Paperwork Dominique G. Blom, Deputy Assistant the applicability of the Buy American Reduction Act of 1995, 44 U.S.C. 35, as Secretary for Public Housing requirements with respect to work, amended. Investments, Office of Public Housing using CFRFC grant funds, based on the Investments, Office of Public and Indian Dated: June 17, 2011. fact that the relevant manufactured Housing, Department of Housing and goods (side-opening, UFAS-compliant Colette Pollard, Urban Development, 451 7th Street, ovens) are not produced in the U.S. in Departmental Reports Management Officer, SW., Room 4130, Washington, DC sufficient and reasonably available Office of the Chief Information Officer. 20410–4000, telephone number 202– quantities or of satisfactory quality. [FR Doc. 2011–15764 Filed 6–23–11; 8:45 am] 402–8500 (this is not a toll-free Dated: June 16, 2011. BILLING CODE 4210–67–P number). Persons with hearing- or speech-impairments may access this Deborah Hernandez, number through TTY by calling the toll- General Deputy Assistant Secretary for Public DEPARTMENT OF HOUSING AND free Federal Information Relay Service and Indian Housing. URBAN DEVELOPMENT at 800–877–8339. [FR Doc. 2011–15763 Filed 6–23–11; 8:45 am] [Docket No. FR–5374–N–31] SUPPLEMENTARY INFORMATION: Section BILLING CODE 4210–67–P 1605(a) of the Recovery Act provides Buy American Exceptions Under the that none of the funds appropriated or DEPARTMENT OF HOUSING AND American Recovery and Reinvestment made available by the Recovery Act may URBAN DEVELOPMENT Act of 2009 be used for a project for the construction, alteration, maintenance, or [Docket No. FR–5477–N–25] AGENCY: Office of the Assistant repair of a public building or public Secretary for Public and Indian work unless all of the iron, steel, and Federal Property Suitable as Facilities Housing, HUD. manufactured goods used in the project To Assist the Homeless ACTION: Notice. are produced in the United States. AGENCY: Office of the Assistant Section 1605(b) provides that the Buy SUMMARY: In accordance with the Secretary for Community Planning and American requirement shall not apply American Recovery and Reinvestment Development, HUD. in any case or category in which the Act of 2009 (Pub. L. 111–05, approved ACTION: Notice. head of a Federal department or agency February 17, 2009) (Recovery Act), and finds that: (1) Applying the Buy implementing guidance of the Office of SUMMARY: This Notice identifies American requirement would be Management and Budget (OMB), this unutilized, underutilized, excess, and inconsistent with the public interest; (2) surplus Federal property reviewed by notice advises that certain exceptions to iron, steel, and the relevant the Buy American requirement of the HUD for suitability for possible use to manufactured goods are not produced in assist the homeless. Recovery Act have been determined the U.S. in sufficient and reasonably FOR FURTHER INFORMATION CONTACT: applicable for work using Capital Fund available quantities or of satisfactory Recovery Formula and Competition Juanita Perry, Department of Housing quality; or (3) inclusion of iron, steel, and Urban Development, 451 Seventh (CFRFC) grant funds. Specifically, an and manufactured goods will increase Street, SW., Room 7262, Washington, exception was granted to the Medford the cost of the overall project by more DC 20410; telephone (202) 708–1234; Housing Authority of Medford, MA for than 25 percent. Section 1605(c) TTY number for the hearing- and the purchase and installation of side- provides that if the head of a Federal speech-impaired (202) 708–2565, (these opening, Uniform Federal Accessibility department or agency makes a telephone numbers are not toll-free), or Standards (UFAS)-compliant ovens for determination pursuant to section call the toll-free Title V information line the LaPrise Village project. 1605(b), the head of the department or at 800–927–7588. FOR FURTHER INFORMATION CONTACT: agency shall publish a detailed written Donald J. LaVoy, Deputy Assistant justification in the Federal Register. SUPPLEMENTARY INFORMATION: In Secretary for Office of Field Operations, In accordance with section 1605(c) of accordance with the December 12, 1988 Office of Public and Indian Housing, the Recovery Act and OMB’s court order in National Coalition for the Department of Housing and Urban implementing guidance published on Homeless v. Veterans Administration, Development, 451 7th Street, SW., April 23, 2009 (74 FR 18449), this notice No. 88–2503–OG (D.D.C.), HUD

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publishes a Notice, on a weekly basis, DEPARTMENT OF THE INTERIOR Background identifying unutilized, underutilized, Recovery of endangered or threatened Fish and Wildlife Service excess and surplus Federal buildings animals and plants to the point where and real property that HUD has they are again secure, self-sustaining reviewed for suitability for use to assist [FWS–R2–ES–2011–N108; 20124–1113– members of their ecosystems is a the homeless. Today’s Notice is for the 0000–C2] primary goal of our endangered species purpose of announcing that no Notice of Availability for Comment: program and the Act (16 U.S.C. 1531 et additional properties have been seq.). Recovery means improvement of determined suitable or unsuitable this Draft Recovery Plan, First Revision; Mexican Spotted Owl the status of listed species to the point week. at which listing is no longer appropriate Dated: June 16, 2011, AGENCY: Fish and Wildlife Service, under the criteria set out in section Mark R. Johnston, Interior. 4(a)(1) of the Act. The Act requires the Deputy Assistant Secretary for Special Needs. ACTION: Notice of availability; request development of recovery plans for listed species, unless such a plan would not [FR Doc. 2011–15510 Filed 6–23–11; 8:45 am] for comment. promote the conservation of a particular BILLING CODE 4210–67–P SUMMARY: We, the Fish and Wildlife species. Service, announce the availability of our Species’ History draft recovery plan, first revision, for the Mexican Spotted Owl (Strix occidentalis We listed the Mexican spotted owl as DEPARTMENT OF THE INTERIOR lucida) under the Endangered Species a threatened species under the Act on March 16, 1993 (58 FR 14248). We Office of the Secretary Act of 1973, as amended (Act). This species occurs in the states of Arizona, designated critical habitat on August 31, Exxon Valdez Oil Spill Trustee Council; Colorado, New Mexico, Texas, and 2004 (69 FR 53182). Notice of Meeting Utah, south through the Sierra Madre We originally completed and Occidental and Sierra Madre Oriental in announced a recovery plan for the AGENCY: Department of the Interior, Mexico. We request review and Mexican spotted owl on October 16, Office of the Secretary. comment on our plan from local, State, 1995. However, updates on status and Federal agencies; Tribes; and the information and experience in ACTION: Notice of meeting. public. We will also accept any new implementing the original recovery plan information on the status of the Mexican led to our determination that revision is SUMMARY: The Department of the spotted owl throughout its range to warranted. Interior, Office of the Secretary is assist in finalizing the revised recovery The Mexican spotted owl species announcing a public meeting of the plan. nests and roosts in forested areas Exxon Valdez Oil Spill Public Advisory DATES: To ensure consideration, we exhibiting multilayered, uneven-aged Committee. must receive written comments on or tree structure, and in steep, rocky canyonlands. Forested habitats used by DATES: July 26, 2011, at 10 a.m. before August 23, 2011. However, we will accept information about any the owl vary throughout its range and by ADDRESSES: Exxon Valdez Oil Spill species at any time. activity (nesting, roosting, foraging, Trustee Council Office, 441 West 5th dispersal/migration). However, the ADDRESSES: If you wish to review the Avenue, Suite 500, Anchorage, Alaska. forest types believed most important to draft recovery plan, you may obtain a Mexican spotted owls are mixed conifer, FOR FURTHER INFORMATION CONTACT: copy by visiting our Web site at pine-oak, and riparian habitats. Douglas Mutter, Department of the http://endangered.fws.gov/recovery/ Threats to the owl’s population in the Interior, Office of Environmental Policy index.html#plans. Alternatively, you United States have transitioned from and Compliance, 1689 ‘‘C’’ Street, Suite may contact the Arizona Ecological commercial-based timber harvest at the 119, Anchorage, Alaska, 99501, (907) Services Office, U.S. Fish and Wildlife time of listing, to the risk of stand- 271–5011. Service, 2321 West Royal Palm Road, replacing wildfire. The revised recovery Phoenix, Arizona 85021–4951 (602) SUPPLEMENTARY INFORMATION: The plan recommends protection of 242–0210, phone). If you wish to Public Advisory Committee was created currently occupied home ranges, plus comment on the plan, you may submit by Paragraph V.A.4 of the Memorandum development of replacement nesting/ your comments in writing by any one of of Agreement and Consent Decree roosting habitat over time. The plan the following methods: entered into by the United States of recognizes the need to manage these • U.S. mail: Field Supervisor, at the America and the State of Alaska on forest landscapes to minimize the effects above address; August 27, 1991, and approved by the of large, stand-replacing wildfires, • Hand-delivery: Arizona Ecological United States District Court for the believed to be the greatest current threat Services Office at the above address; District of Alaska in settlement of to the species. • Fax: (602) 242–2513; or United States of America v. State of • E-mail: http://www.fws.gov/ Recovery Plan Goals Alaska, Civil Action No. A91–081 CV. southwest/es/Arizona/ (type ‘‘Mexican The meeting agenda will include a The objective of an agency recovery spotted owl’’ in the document title review of the projects proposed for plan is to provide a framework for the search field). inclusion in the Fiscal Year 2012 annual recovery of a species so that protection For additional information about work plan. under the Act is no longer necessary. A submitting comments, see the ‘‘Request recovery plan includes scientific Willie R. Taylor, for Public Comments’’ section below. information about the species and Director, Office of Environmental Policy and FOR FURTHER INFORMATION CONTACT: provides criteria and actions necessary Compliance. Steve Spangle, Field Supervisor, at the for us to be able to reclassify the species [FR Doc. 2011–15909 Filed 6–23–11; 8:45 am] above address, phone number, or e-mail. to threatened status or remove it from BILLING CODE 4310–RG–P SUPPLEMENTARY INFORMATION: the Federal List of Endangered and

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Threatened Wildlife and Plants (List). Public Availability of Comments result in the take of two families of Recovery plans help guide our recovery Before including your address, phone scrub-jays. The applicant’s HCP efforts by describing actions we number, e-mail address, or other describes the mitigation and consider necessary for the species’ personal identifying information in your minimization measures proposed to conservation, and by estimating time comment, you should be aware that address the effects of the project on the and costs for implementing needed your entire comment—including your scrub-jay. recovery measures. To achieve its goals, personal identifying information—may DATES: Written comments on the ITP this draft recovery plan identifies the be made publicly available at any time. application and HCP should be sent to following objectives: While you can ask us in your comment the South Florida Ecological Services • Support the Mexican spotted owl to withhold your personal identifying Office (see ADDRESSES) and should be throughout its range in perpetuity. received on or before July 25, 2011. • Maintain habitat conditions information from public review, we cannot guarantee that we will be able to ADDRESSES: You may request documents necessary to provide roosting and by email, U.S. mail, or phone (see nesting habitat for the Mexican spotted do so. Comments and materials we receive below). These documents are also owl through time. available for public inspection by The draft revised recovery plan will be available, by appointment, for appointment during normal business contains recovery criteria based on public inspection during normal hours at the office below. Send your maintaining and increasing population business hours at our office (see comments or requests by any one of the numbers and habitat quality and ADDRESSES). following methods. quantity. The revised recovery plan Authority E-mail: [email protected]. Use focuses on protecting populations, ‘‘Attn: Permit number TE45203A–0’’ as managing threats, maintaining habitat, We developed our draft recovery plan under the authority of section 4(f) of the your message subject line. monitoring progress, and building Fax: Trish Adams, (772) 562–4288, partnerships to facilitate recovery. Act, 16 U.S.C. 1533(f). We publish this notice under section 4(f) Endangered Attn.: Permit number TE45203A–0. As the subspecies meets recovery U.S. mail: Trish Adams, HCP criteria, we will review the subspecies’ Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Coordinator, South Florida Ecological status and consider removal from the Services Field Office, Attn: Permit List. Dated: June 6, 2011. number TE45203A–0, U.S. Fish and Request for Public Comments Joy Nicholopoulos, Wildlife Service, 1339 20th Street, Vero Acting Regional Director, Southwest Region. Section 4(f) of the Act requires us to Beach, FL 32960–3559. [FR Doc. 2011–15975 Filed 6–23–11; 8:45 am] In-person drop-off: You may drop off provide public notice and an BILLING CODE 4310–55–P information during regular business opportunity for public review and hours at the above office address. comment during recovery plan FOR FURTHER INFORMATION CONTACT: Ms. development. It is also our policy to DEPARTMENT OF THE INTERIOR request peer review of recovery plans Trish Adams, HCP Coordinator, South Florida Ecological Services Office, Vero (July 1, 1994; 59 FR 34270). In an Fish and Wildlife Service appendix to the approved recovery plan, Beach, Florida (see ADDRESSES), we will summarize and respond to the [FWS–R4–ES–2011–N126; 40120–1112– telephone: 772–562–3909, extension 0000–F2] issues raised by the public and peer 232. reviewers. Substantive comments may Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: If you or may not result in changes to the and Plants; Incidental Take Permit wish to submit comments or recovery plan; comments regarding Application; Proposed Low-Effect information, you may do so by any one recovery plan implementation will be Habitat Conservation Plan and of several methods. Please reference forwarded as appropriate to Federal or Associated Documents; Charlotte permit number TE45203A–0, in such other entities so that they can be taken County, FL comments. You may mail comments to into account during the course of the Service’s South Florida Ecological implementing recovery actions. AGENCY: Fish and Wildlife Service, Services Office (see ADDRESSES). You Responses to individual commenters Interior. may also comment via e-mail to _ will not be provided, but we will ACTION: Notice of availability; request trish [email protected]. Please also provide a summary of how we for comment/information. include your name and return address addressed substantive comments in an in your e-mail message. If you do not appendix to the approved recovery plan. SUMMARY: We, the Fish and Wildlife receive a confirmation from us that we We invite written comments on the Service (Service), announce the have received your e-mail message, draft revised recovery plan. This plan availability of an incidental take permit contact us directly at the telephone has undergone significant revision since (ITP) application and Habitat number listed under FOR FURTHER the original plan, incorporating the most Conservation Plan (HCP). James A. INFORMATION CONTACT. Finally, you may recent scientific research specific to the Goedde (applicant) requests an ITP hand deliver comments to the Service Mexican spotted owl and input from the under the Endangered Species Act of office listed under ADDRESSES. Recovery Team. In particular, we are 1973, as amended (Act). The applicant Before including your address, phone interested in information regarding the anticipates taking about 0.23 acre of number, e-mail address, or other current threats to the species and the Florida scrub-jay (Aphelocoma personal identifying information in your costs associated with implementing the coerulescens) (scrub-jay) breeding, comments, you should be aware that recommended recovery actions. feeding, and sheltering habitat your entire comment—including your Before we approve the plan, we will incidental to lot preparation for the personal identifying information—may consider all comments we receive by the construction of a single-family residence be made publicly available at any time. date specified in DATES above. Methods and associated infrastructure in While you can ask us in your comment of submitting comments are in the Charlotte County, Florida (project). The to withhold your personal identifying ADDRESSES section above. destruction of 0.23 acre is expected to information from public review, we

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cannot guarantee that we will be able to would not result, over time, in ADDRESSES: You may obtain a copy of do so. cumulative effects to environmental the CCP by writing to: Mr. Mike Evans, Applicant’s Proposed Project: We values or resources that would be Refuge Manager, Sandy Point National received an application from the considered significant. As more fully Wildlife Refuge, 3013 Estate Golden applicant for an incidental take permit, explained in our environmental action Rock, Suite 137, Christiansted, VI along with a proposed habitat statement and associated Low Effect 00820–4355. The CCP may also be conservation plan. The applicant Screening Form, the applicant’s accessed and downloaded from the requests a 15-year permit under section proposed project qualifies as a ‘‘low- Service’s Web site: http:// 10(a)(1)(B) of the Act (87 Stat.884; 16 effect’’ project. This preliminary southeast.fws.gov/planning/ under U.S.C. 1531 et seq.). If we approve the determination may be revised based on ‘‘Final Documents.’’ permit, the applicant anticipates taking our review of public comments that we FOR FURTHER INFORMATION CONTACT: Mr. approximately 0.23 acre (0.1 hectares receive in response to this notice. Mike Evans; telephone: 340/773–4554; (ha)) of Florida scrub-jay breeding, Next Steps: The Service will evaluate e-mail: [email protected]. feeding, and sheltering habitat the HCP and comments submitted SUPPLEMENTARY INFORMATION: incidental to land preparation for thereon to determine whether the construction of a single family residence application meets the requirements of Introduction and associated infrastructure in section 10(a) of the Act. The Service With this notice, we finalize the CCP Charlotte County, Florida. will also evaluate whether issuance of process for Buck Island, Green Cay, and Project construction would take place the section 10(a)(1)(B) ITP comply with at latitude 26.9777, longitude –82.0096 Sandy Point NWRs. We started this section 7 of the Act by conducting an process through a notice in the Federal in Harbor Heights, Charlotte County, intra-Service section 7 consultation. The Florida. This lot is within occupied Register on March 12, 2007 (72 FR results of this consultation, in 11046). scrub-jay habitat. In 1987, we listed this combination with the above findings, species as threatened (June 3, 1987; 52 All three refuges are located in the will be used in the final analysis to United States Virgin Islands. Sandy FR 20715). The listing became effective determine whether or not to issue the July 6, 1987. Point NWR is situated on the ITP. If it is determined that the southwestern tip of the island of St. The applicant proposes to mitigate for requirements of the Act are met, the ITP the loss of 0.23 acre (0.1 ha) of occupied Croix. Green Cay NWR is a small island will be issued for the incidental take of located several hundred yards north of scrub-jay habitat by contribution of 0.46 the Florida scrub-jay. acre (0.19 ha) of suitable scrub-jay St. Croix, east of the city of habitat to nearby existing conservation Authority: This notice is provided Christiansted. Buck Island NWR is pursuant to Section 10 of the Endangered lands within Charlotte County, along situated several miles south of the Species Act and NEPA regulations (40 CFR island of St. Thomas and the city of with a fee of $1,380.00 for perpetual 1506.6). maintenance of the donated land, Charlotte Amalie. These three refuges within 180 days of permit issuance or Dated: June 14, 2011. are part of the Caribbean Islands before the commencement of clearing Spencer Simon, National Wildlife Refuge Complex. and construction activities, whichever is Acting Field Supervisor, South Florida Sandy Point NWR provides critical sooner. Ecological Services Office. nesting habitat for the federally Our Preliminary Determination: The [FR Doc. 2011–15811 Filed 6–23–11; 8:45 am] endangered leatherback sea turtle. Its Service has made a preliminary BILLING CODE 4310–55–P sandy beaches are also used for nesting determination that the applicant’s by the federally endangered hawksbill project, including the proposed sea turtle and the federally threatened mitigation and minimization measures, DEPARTMENT OF THE INTERIOR green sea turtle. These same sea turtle will individually and cumulatively have species are also protected under Fish and Wildlife Service a minor or negligible effect on the Territory of the U.S. Virgin Islands species covered in the HCP. Therefore, [FWS–R4–R–2010–N200; 40136–1265–0000– regulations. the ITP is a ‘‘low-effect’’ project and S3] Green Cay NWR was established in qualifies as a categorical exclusion 1977 to protect the federally endangered under the National Environmental Buck Island, Green Cay, and Sandy St. Croix ground lizard. This island Policy Act (NEPA) (40 CFR 1506.6), as Point National Wildlife Refuges, U.S. refuge provides critical habitat for the provided by the Department of the Virgin Islands; Final Comprehensive largest remaining natural population of Interior Manual (516 DM 2 Appendix 1 Conservation Plan and Finding of No this species. Its extirpation from the and 516 DM 6 Appendix 1), and as Significant Impact for Environmental main island of St. Croix, just several defined in our Habitat Conservation Assessment hundred yards away, is generally Planning Handbook (November 1996). AGENCY: Fish and Wildlife Service, attributed to the modification and loss We base our determination that the Interior. of shoreline habitat resulting from project qualifies as a low-effect plan on ACTION: Notice of availability. human activities and the introduction of the following three criteria: (1) predators, such as rats, cats, and dogs. Implementation of the project would SUMMARY: We, the Fish and Wildlife The introduction of the exotic Indian result in minor or negligible effects on Service (Service), announce the mongoose likely completed the federally listed, proposed, and availability of our final comprehensive elimination of the species from St. Croix candidate species and their habitats; (2) conservation plan (CCP) and finding of proper. As a result, this species is one Implementation of the project would no significant impact (FONSI) for the of the rarest reptiles in the world and is result in minor or negligible effects on environmental assessment for Buck unique to St. Croix island ecosystems. other environmental values or Island, Green Cay, and Sandy Point As part of a cooperative effort with the resources; and (3) Impacts of the plan, National Wildlife Refuges (NWRs). In National Park Service, in May 2008, 57 considered together with the impacts of the final CCP, we describe how we will individual St. Croix ground lizards were other past, present, and reasonably manage these three refuges for the next translocated to Buck Island Reef foreseeable similarly situated projects, 15 years. National Monument, several miles

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away, in order to establish a fourth Thomas, and one in Fredericksted, St. We will continue to manage and population of this highly endangered Croix. We received 10 written protect cultural resources, particularly lizard and thus help secure its survival. comments on the Draft CCP/EA. the Aklis archaeological site. In Buck Island NWR was established in addition, we will develop and begin to Selected Alternatives 1969. The off-shore islands around St. implement a Cultural Resources Thomas support a number of critical Sandy Point NWR Management Plan. seabird and migratory bird roosting, We developed four alternatives for Public use and visitor services will breeding, and nesting sites. Some of managing Sandy Point NWR. After expand somewhat. We will develop an these off-shore islands have been considering the comments we received accessible trail and observation deck impacted by varying degrees of and based on the professional judgment with expansive views of the Salt Pond. development and habitat alteration, of the planning team, we selected We will aim to develop environmental making remaining islands even more Alternative D for implementation. While education and interpretive critical for use by migratory birds. each of the alternatives provided in opportunities around the new refuge Although Buck Island NWR’s natural headquarters and visitor center to be plant and wildlife communities have varying degrees for wildlife, habitat, and public use, Alternative D was more constructed in the vicinity. We will also been severely impacted by human allow access to the beach from 10 a.m. activity, the island has major potential ambitious than Alternative A, while supporting more wildlife and habitat to 4 p.m. on weekends, outside of the for habitat restoration, enhancement and seasonal closure for leatherback turtle support of migratory bird populations, management than Alternative B and more public use than Alternative C. nesting. If staffing permits, we will also and maintenance of existing wildlife provide pedestrian access to the beach populations, both endemic and The overriding concern reflected in the CCP is that wildlife conservation, during the entire week from 9 a.m. to 5 migratory. The refuge is home to two p.m., outside of the seasonal closure for rare reptiles endemic to the ‘‘Puerto especially management and protection of endangered sea turtles, assumes first turtle nesting. Rican bank,’’ the geological area We will continue the existing containing Puerto Rico, Culebra, St. priority in refuge management. Wildlife- education and outreach program, such Thomas, and the British Virgin dependent recreation uses (e.g., fishing, as the turtle watch program, Youth Islands—the Antillean skink and Puerto wildlife observation, wildlife Conservation Corps (YCC) program, Rican racer. The island also provides photography, and environmental periodic news releases, news media nesting or roosting habitat for the education and interpretation) will be interviews, Web site content, school magnificent frigatebird, the red-billed emphasized and encouraged. visits, informal contact with refuge tropicbird, and laughing gulls. Existing recovery efforts for the endangered leatherback sea turtle will visitors, and continuing development of Background continue. We will pursue hawksbill and the visitor contact station. Education The National Wildlife Refuge System green sea turtle recovery by and outreach efforts will increase. The Administration Act of 1966 (16 U.S.C. implementing saturation tagging and YCC program will be maintained and 668dd–668ee) (Administration Act), as nest management. We will continue to expanded in size for two months during amended by the National Wildlife protect pelican roosting sites and the summer. There will be more Refuge System Improvement Act of manage least tern nesting sites, aiming emphasis on developing partnerships 1997, requires us to develop a CCP for to increase the number of nesting least and volunteers. each national wildlife refuge. The terns. Landbirds, shorebirds, and Green Cay NWR purpose for developing a CCP is to waterbirds will benefit as well. provide refuge managers with a 15-year We will begin to conduct status We developed two alternatives for plan for achieving refuge purposes and surveys for invertebrates and reptile and managing Green Cay NWR. After contributing toward the mission of the amphibian species of special concern. considering the comments we received National Wildlife Refuge System, The presence or absence of bats will and based on the professional judgment consistent with sound principles of fish also be surveyed, and we will enhance of the planning team, we selected and wildlife management, conservation, habitat and install artificial nest Alternative B for implementation. While legal mandates, and our policies. In structures for bats. Refuge-wide control both alternatives provide for wildlife addition to outlining broad management of non-native flora and fauna to protect and habitat, Alternative B will yield direction on conserving wildlife and indigenous flora and fauna will be greater wildlife and habitat benefits their habitats, CCPs identify wildlife- carried out as needed. overall than Alternative A, particularly dependent recreational opportunities We will accelerate efforts to restore for the St. Croix ground lizard, on available to the public, including the structure, function, and diversity of whose behalf the refuge was originally opportunities for hunting, fishing, dry forest habitat. We will begin to established. Alternative B will also offer wildlife observation, wildlife actively monitor status and trends on greater opportunities for the public, photography, and environmental the West End Salt Pond (Salt Pond) as even while maintaining the general education and interpretation. We will they affect mangroves, wetlands, and refuge closure. review and update the CCP at least wildlife habitat. We will not only We will maintain or expand upon all every 15 years in accordance with the protect existing stands and specimens of existing programs. To promote recovery Administration Act. Vahl’s boxwood, but will also conduct of the endangered St. Croix ground recovery activities. Furthermore, we lizard, we will continue existing Comments will investigate the potential for programs of reforestation, rat and We made copies of the Draft CCP/EA establishing a Catesbaea melanocarpa invasive plant control, and population available for a 30-day public review population on the refuge. We will monitoring. We will also maintain period as announced in the Federal actively cooperate with the U.S. closure of the island to public access, to Register on September 17, 2009 (74 FR Geological Survey and other agencies to avoid accidental direct mortality and 47815). Two public meetings were held develop and implement protocols for habitat degradation. In addition, we will to receive comments on the Draft CCP/ monitoring sea level rise and its impacts develop a habitat restoration plan EA—one in Charlotte Amalie, St. on habitats. within 3 years, with the aim of

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improving habitat quality for the ground lighthouse and decide on the feasibility Oklahoma. By this notice, the Oklahoma lizard. of preservation or restoration. In Field Office announces the beginning of We will also continue management addition, we will develop and begin to the scoping process to solicit public efforts on behalf of nesting and roosting implement a Cultural Resources comments and identify issues. brown pelicans and white-crowned Management Plan. DATES: This notice initiates the public pigeons. We will continue our habitat With regard to conducting outreach scoping process for the Draft Resource recovery (reforestation) efforts so as to and education, we will continue to Management Plan (RMP) amendment/ complete 100 percent of the area maintain the refuge Web site, distribute EA. Comments on issues may be intended for reforestation by the end of information, maintain limited signage submitted in writing until August 8, the 15-year planning period. An on the island, and make periodic 2011. The date(s) and location(s) of any important part of accelerating habitat presentations off-refuge. We will scoping meetings will be announced at recovery will be to increase the control continue to cooperate with the Virgin least 15 days in advance through local of invasive plants and invasive animals. Islands Department of Planning and media, newspapers and the BLM Web We will continue to protect and Natural Resources on joint wildlife and site at: http://www.blm.gov/nm/st/en/fo/ manage Green Cay NWR’s cultural habitat management efforts for Buck _ _ resources. Also, we will develop and Oklahoma Field Office.html. We will Island and adjacent Capella Island. provide additional opportunities for begin to implement a Cultural Resources Also, we will expand cooperative Management Plan. To conduct outreach public participation upon publication of education and interpretive efforts with the Draft RMP amendment/EA. and education, we will continue to the city of Charlotte Amalie and maintain the refuge Web site, distribute Comments: You may submit ecotourism companies which bring comments on issues and planning information, maintain signage on the visitors to offshore waters to explore island identifying it as a national criteria related to the four Federal coal coral reefs. We will also explore the lease applications in Haskell and wildlife refuge closed to the public, and development of a friends group, to conduct periodic presentations off- LeFlore Counties, Oklahoma, RMP provide a more active management amendment/EA by any of the following refuge. These efforts will be augmented presence on the island. by installing larger signs that can be methods: seen and read from a greater distance, Authority: This notice is published under • E-mail: [email protected]. expanding outreach efforts to nearby the authority of the National Wildlife Refuge • Fax: (918) 621–4130. System Improvement Act of 1997, Pub. L. • hotels, and considering alternatives to 105–57. Mail: RMPA/EA Comments, BLM, visitation within the refuge itself, such Oklahoma Field Office, 7906 E 33rd as offering or promoting boat and kayak Dated: October 1, 2010. Street, Suite 101, Tulsa, Oklahoma tours around the island. Mark J. Musaus, 74145–1352. Acting Regional Director. Documents pertinent to this proposal Buck Island NWR may be examined at the Oklahoma Field We developed two alternatives for Editorial Note: This document was received in the Office of the Federal Register Office. managing Buck Island NWR. After on June 21, 2011. FOR FURTHER INFORMATION CONTACT: For considering the comments we received [FR Doc. 2011–15819 Filed 6–23–11; 8:45 am] further information and/or to have your and based on the professional judgment BILLING CODE 4310–55–P name added to our mailing list, contact: of the planning team, we selected Laurence Levesque or Richard Wymer, Alternative B for implementation. While Co-Team Leaders, BLM, Oklahoma Field both alternatives will result in benefits DEPARTMENT OF THE INTERIOR Office, 7906 E 33rd Street, Suite 101, to some extent for wildlife, habitat, and Tulsa, Oklahoma 74145–1352, phone public use, Alternative B is more Bureau of Land Management (918) 621–4100. ambitious than Alternative A, and thus [LLNM004200.L13200000.GA0000] will yield greater benefits for both SUPPLEMENTARY INFORMATION: During the wildlife and the public. In general, Notice of Intent To Prepare a Resource period June 2008 to April 2010, the Alternative B maintains and expands Management Plan Amendment (RMPA) BLM received three coal lease upon all programs of Alternative A. and Associated Environmental modification applications and one We will strive to provide more active Assessment Addressing Four Federal competitive coal lease application from management of the island’s indigenous Coal Lease Applications in Haskell and Farrell-Cooper Mining Company, wildlife, particularly species of concern. LeFlore Counties, OK Georges Colliers Inc., and Mining We will draft and begin implementing Systems Corporation. These an inventorying and monitoring plan for AGENCY: Bureau of Land Management, applications were for resources located the slipperyback skink, Puerto Rican Interior. outside the areas that the Oklahoma racer, magnificent frigatebird, and red- ACTION: Notice of Intent. RMP designated as available for coal billed tropicbird. leasing. The RMP amendment will We will continue to monitor for rat SUMMARY: In compliance with the evaluate the four Lease Application reinvasions. To pursue and promote National Environmental Policy Act Areas to determine suitability for further habitat recovery on Buck Island NWR, (NEPA) of 1969, as amended, and the leasing consideration. The RMP we will develop and begin to implement Federal Land Policy and Management amendment will be prepared in a Habitat Restoration Plan. We will Act of 1976, as amended, the Bureau of accordance with guidance provided in increase control of invasive plants and Land Management (BLM) Oklahoma BLM Land Use Planning Handbook animals using appropriate means, and Field Office intends to prepare an (H–1601–1). The Lease Application will evaluate the effectiveness of amendment to the 1994 Oklahoma Areas total approximately 2,500 acres of different methods of control. Resource Management Plan, as previously unleased coal and are part of We will continue to manage cultural amended, and associated Environmental the Federal mineral estate, but have not resources, particularly the historic Assessment (EA) in response to four previously undergone land-use planning lighthouse. However, we will also coal lease applications covering lands in analysis. The Lease Application Areas evaluate the condition and safety of the Haskell and LeFlore Counties, total 2,500 acres of Federal mineral

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estate administered by the BLM, and the Section 14, T. 8 N., R. 22 E., thence 682.72 The issue of Federal coal leasing and surface is privately owned. feet S. 89°40 W., along the north line of said development will include: The sizes and locations of these four section to the point of beginning. Thence ° ′ 1. Determining if these areas are Lease Application Areas are as follows: 1946.72 feet S. 89 40 W., along the north line of said section to the north quarter acceptable for further coal leasing Indian Meridian, Oklahoma corner, thence 794.04 feet S. 0°1′8″ W., along consideration with standard stipulations; T. 8 N., R. 22 E., the west line of the NE quarter of said 1 1 1 ° ′ ″ 2. Determining if these areas are Sec. 23, N ⁄2NE ⁄4SE ⁄4; section, thence 2106.95 feet N. 67 31 38 E., Sec. 24, SE1⁄4NE1⁄4SE1⁄4, W1⁄2NE1⁄4SE1⁄4, to the point of beginning. acceptable for consideration with N1⁄2SE1⁄4SE1⁄4, SE1⁄4SE1⁄4SE1⁄4, The area described contains 960 acres, special stipulations; and NW1⁄4SE1⁄4, and N1⁄2N1⁄2SW1⁄4; according to the official plat of the survey of 3. Determining if these areas are Sec. 25, NE1⁄4NE1⁄4NE1⁄4; the said lands, on file with the BLM. unacceptable for further coal leasing T. 8 N., R. 23 E., Opportunities for the public to be consideration. Sec. 19, S1⁄2SE1⁄4SE1⁄4, S1⁄2N1⁄2SE1⁄4SE1⁄4, 1 1 1 1 1 1 1 informed and participate will occur Any individual, business entity, or S ⁄2SW ⁄4SE ⁄4, S ⁄2N ⁄2SW ⁄4SE ⁄4, public body may participate in this S1⁄2SE1⁄4SW1⁄4, and S1⁄2N1⁄2SE1⁄4SW1⁄4; throughout the planning process. To Sec. 30, N1⁄2NW1⁄4NW1⁄4, and ensure local community participation process by providing coal or other NW1⁄4NE1⁄4NW1⁄4; and input, public scoping meetings will resource information under this notice. The area described contains 290 acres, be held in two towns strategically Planning criteria will be developed according to the official plat of the located near the lease application areas. during the initial public scoping to help survey of the said lands, on file with the Early participation by all interested guide the planning effort. Preliminary BLM. parties is encouraged and will help planning criteria being considered T. 9 N., R. 26 E., guide the planning process. A list of include the following: Recognize valid Sec. 21, N1⁄2SE1⁄4, NE1⁄4SW1⁄4, and attendees at each meeting and a existing rights; comply with existing 1 1 1 SE ⁄4SE ⁄4NE ⁄4; summary of their input will be available laws, executive orders, regulations, and Sec. 22, S1⁄2, and S1⁄2S1⁄2N1⁄2; 1 1 1 1 1 to the public and participants may BLM policy and program guidance; seek Sec. 23, SW ⁄4SW ⁄4, NW ⁄4SE ⁄4SW ⁄4, public input; consider adjoining lands N1⁄2SW1⁄4, and S1⁄2S1⁄2NW1⁄4; clarify their input for 30 days. The to minimize land-use conflict when Sec. 26, NW1⁄4NW1⁄4NW1⁄4; results of scoping will be sent to all Sec. 27, N1⁄2N1⁄2N1⁄2; parties on the mailing list for this making decisions; consider planning The area described contains 790 acres, project in a newsletter or scoping report. jurisdictions of other Federal agencies according to the official plat of the The purpose of the public scoping and State, local, and tribal governments; survey of the said lands, on file with the process is to determine relevant issues develop reasonable and sound BLM. that will influence the scope of the alternatives; use current scientific data T. 10 N., R. 21 E., environmental analysis, including to evaluate appropriate strategies; and Sec. 28, SW1⁄4, and W1⁄2SE1⁄4; alternatives, and guide the process for consider public welfare and safety. Sec. 33, NW1⁄4, NW1⁄4NE1⁄4, and developing the EIS. At present, the BLM Written comments should address one N1⁄2N1⁄2N1⁄2SW1⁄4; has identified the following preliminary or more of the following: (1) Issues to be The area described contains 460 acres, issues: Access and traffic; public considered; (2) Whether the planning according to the official plat of the interest/benefits regarding the extraction criteria are adequate for the issues; (3) survey of the said lands, on file with the of the coal; identification of resource Feasible and reasonable alternatives to BLM. values on the private lands; and water examine; or (4) Relevant coal or other T. 8 N., R. 22 E quality. Preliminary management resource information. Sec.11, E1⁄2W1⁄2, and E1⁄2; The BLM will utilize and coordinate Sec. 12, NW1⁄4, W1⁄2NE1⁄4, N1⁄2SW1⁄4, concerns include the following: Special NW1⁄4SE1⁄4, and a tract of land described status species of plants and animals; the NEPA commenting process to satisfy as follows: Beginning at the southwest maintaining government-to-government the public involvement process for corner of Section 12, T. 8 N., R., 22 E., relationships with tribal governments; Section 106 of the National Historic thence 111.61 feet N. 0°1′ W., along the socioeconomics, potential Preservation Act (16 U.S.C. 470f) as west side of said section to point of disproportionate impacts on provided for in 36 CFR 800.2(d)(3). beginning. Thence 5326.57 feet N. ° ′ ″ disadvantaged communities resulting Native American tribal consultations 80 45 30 E., to a point on the east line will be conducted in accordance with of said section, thence 579.46 feet North from coal lease decisions along the east line of said section, thence (Environmental Justice Executive Order policy, and tribal concerns will be given 1316.39 feet S. 89°24′44″ W., to a point 12898); potential for spread of noxious due consideration, including impacts on on the west line of the NE quarter of the weeds; protection of designated streams Indian trust assets. Federal, State, and SE quarter of said section, thence 182.04 (Clean Water Act, Section 303–d); and local agencies, along with other feet S. 0°4′31″ E., along the west line of application of unsuitability criteria. The stakeholders that may be interested or the NE quarter of the SE quarter of said public is encouraged to help identify affected by the BLM’s decision on this section to the SW corner of the NE any additional issues or concerns during project, are invited to participate in the quarter of the SE quarter of said section, the initial scoping phase. Industry and scoping process and, if eligible, may thence 1316.13 feet S. 89°33′ W., along the north line of the SW quarter of the other interested parties are asked to request or be requested by the BLM to SE quarter to the NW corner of the SW provide any information that will be participate as a cooperating agency. quarter of the SE quarter of said section, useful in applying the Federal Coal Before including your address, phone thence 2625.69 feet S. 89°33′ W., along Management Program defined in 43 CFR number, email address, or other the north lines of the SE quarter of the 3420 and 43 CFR 3430, including personal identifying information in your SW quarter and the SW quarter of the application of coal planning criteria comment, you should be aware that SW quarter to the NW corner of the SW outlined in 43 CFR 1600. Information your entire comment—including your quarter of the SW quarter of said section, resulting from this call for information personal identifying information—may thence 1208.39 feet S. 0°1′ E., along the west line of said section to the point of will be used to determine potential for be made publicly available at any time. beginning. coal development in the application While you can ask us in your comment Sec. 14, a tract of land described as areas and likelihood of conflict with to withhold your personal identifying follows: Beginning at the northeast corner of other resources. information from public review, we

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cannot guarantee that we will be able to Committee was appointed originally by FOR FURTHER INFORMATION CONTACT: do so. the Secretary of the Interior pursuant to Gene Seidlitz, BLM District Manager, Authority: 40 CFR 1501.7; 43 CFR 1610.2. the Secure Rural Schools and Winnemucca District, 5100 E. Community Self-Determination Act of Winnemucca Boulevard, Winnemucca, Linda S.C. Rundell, 2000 (Pub. L. 106–393) and re- Nevada 89445–2921, telephone: (775) State Director. authorized by the Emergency Economic 623–1500, e-mail: [FR Doc. 2011–15808 Filed 6–23–11; 8:45 am] Stabilization Act of 2008, Title VI, [email protected]. BILLING CODE 4313–AW–P Secure Schools and Community Self- Persons who use a Determination Program (H.R. 1424). telecommunications device for the deaf Topics to be discussed by the Eugene (TDD) may call the Federal Information DEPARTMENT OF THE INTERIOR District Resource Advisory Committee Relay Service (FIRS) at 1–800–877–8339 at these meetings include reviewing to contact the above individual during Bureau of Land Management project proposals meeting the normal business hours. The FIRS is [ORE000.L58820000 PH0000 requirements under Section 201, H.R. available 24 hours a day, 7 days a week, LXRSEE990000 HAG11–0265] 1424, ‘‘Title II—Special Projects on to leave a message or question with the Federal Land,’’ recommending funding above individual. You will receive a Notice of Public Meetings for the for such projects to the Secretary of the reply during normal hours. Eugene District Resource Advisory Interior, and other matters as may SUPPLEMENTARY INFORMATION: These Committee reasonably come before the council. temporary closures and temporary AGENCY: Bureau of Land Management, All meetings are open to the public in restrictions affect public lands at and Interior. their entirety. Public comment is adjacent to the Burning Man event ACTION: Notice of public meetings. generally scheduled from 11:30 a.m. to permitted on the Black Rock Desert 12 p.m., each meeting session. The playa within the Black Rock Desert-High SUMMARY: In accordance with the amount of time scheduled for public Rock Canyon Emigrant Trails National Emergency Economic Stabilization Act presentations and meeting times may be Conservation Area in Pershing County, of 2008, Title VI, Secure Schools and extended when the authorized Nevada. The legal description of the Community Self-Determination Program representative considers it necessary to affected public lands is: (H.R. 1424), the Federal Land Policy and accommodate all who seek to be heard Mount Diablo Meridian, Nevada Management Act, and the Federal regarding matters on the agenda. Advisory Committee Act of 1972, the Unsurveyed T. 33 N., R. 24 E., Virginia Grilley, U.S. Department of the Interior, Bureau Secs. 1 and 2; of Land Management (BLM), Eugene Eugene District Manager. Sec. 3; District Resource Advisory Committee [FR Doc. 2011–15835 Filed 6–23–11; 8:45 am] Sec. 4, portion east of Washoe County Road will meet as indicated below. BILLING CODE 4310–33–P 34; Sec. 5; DATES: The meetings will be held on Sec. 8, NE1⁄4; August 4, 2011, beginning at 9 a.m. and DEPARTMENT OF THE INTERIOR Sec. 9, N1⁄2; ending at approximately 12 p.m.; Sec. 10, N1⁄2; August 12, 2011, beginning at 8:30 a.m. 1 Bureau of Land Management Sec. 11, N ⁄2. and ending at approximately 5 p.m.; and 1 September 1, 2011, beginning at 8:30 [LLNVW03500.L12320000.EA0000 Unsurveyed T. 33 ⁄2; N., R. 24 E., a.m. and ending at approximately 5 p.m. .LVRDNV190000.241A; MO#4500020764; Secs. 25, 26, and 27; If unfinished business necessitates, a 11–08807; TAS: 14X5017] Sec. 28, portion east of Washoe County Road meeting will be held on September 2, 34; Sec. 33, portions east of Washoe County Road 2011, beginning at 8:30 a.m. and ending Notice of Temporary Closures and Temporary Restrictions on Specific 34; at 5 p.m. All times are Pacific Daylight Secs. 34, 35, and 36. Saving Time. Uses of Public Lands in Pershing County, NV ADDRESSES: The meetings will take Unsurveyed T. 34 N., R. 24 E., 1 place at the BLM, Eugene District Office, AGENCY: Bureau of Land Management, Sec. 23, S ⁄2; 1 Springfield Interagency Center, 3106 Interior. Sec. 24, S ⁄2; Pierce Parkway, Suite E, Springfield, OR Secs. 25 and 26; ACTION: Notice. Sec. 27, SE1⁄4, E1⁄2NE1⁄2, E1⁄2SW1⁄4; 97477. Sec. 33, SE1⁄4, S1⁄2NE1⁄4, NE1⁄4NE1⁄4; FOR FURTHER INFORMATION CONTACT: SUMMARY: Notice is hereby given that Secs. 34, 35, and 36. Patricia K. Johnston, Bureau of Land under the authority of the Federal Land Management, P.O. Box 10226, Eugene, Policy and Management Act of 1976 T. 33 N., R. 25 E., Oregon 97440–2226, (541) 683–6181 or (FLPMA), as amended, the Bureau of Sec. 4, Lots 2, 3, 4, and 5. _ e-mail pat [email protected]. Persons Land Management (BLM) Winnemucca Unsurveyed T. 34 N., R. 25 E., who use a telecommunications device District, Black Rock Field Office, will Sec. 16, S1⁄2; for the deaf (TDD) may call the Federal implement and enforce temporary Sec. 21; Information Relay Service (FIRS) at 1– closures and temporary restrictions to Sec. 22, SW1⁄4, W1⁄2NW1⁄4; 800–877–8339 to contact the above protect public safety and resources on Sec. 27, W1⁄2; individual during normal business public lands within and adjacent to the Sec. 28; hours. The FIRS is available 24 hours a Burning Man event on the Black Rock Sec. 33; day, 7 days a week, to leave a message Desert playa. Sec. 34, W1⁄2. or question with the above individual. DATES: The temporary closures and The public closure area comprises 14,153 You will receive a reply during normal temporary restrictions will be in effect acres, more or less. business hours. from August 1, 2011 through September Within the public closure area is the SUPPLEMENTARY INFORMATION: The 19, 2011 and August 29, 2011 through event area, which is defined as the Eugene District Resource Advisory September 5, 2011. portion of the public closure area (1)

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Entirely contained within the event The BLM will post information signs 3. Operation of a motor vehicle while perimeter fence; (2) Within 50 feet and and maps about the temporary closures under the influence outside the event perimeter fence; (3) and temporary restrictions at main entry (a) Title 43 CFR 8341.1(f)3 prohibits Within 25 feet and outside the event points around the area and at the BLM the operation of an off-road motor access road; and (4) The aircraft parking Winnemucca District Office and at the vehicle on public land while under the area outside the event perimeter fence. Black Rock Visitor Center. influence of alcohol, narcotics, or The Burning Man event takes place Under the authority of Section 303(a) dangerous drugs. within Pershing County, a rural county of the Federal Land Policy and (b) In addition to the prohibition with a small population and a small Management Act of 1976 (43 U.S.C. found in 43 CFR 8341.1(f)3, it is Sheriff’s Department. Pershing County 1733 (a)), 43 CFR 8360.0–7, and 43 CFR prohibited for any person to operate or has limited ability to provide additional 8364.1, the BLM will enforce the be in actual physical control of a motor law enforcement officers to work at the following closures and restrictions vehicle while: event. These temporary closures and within and adjacent to the Burning Man (1) The operator is under the temporary restrictions are necessary to event on the Black Rock Desert playa: combined influence of alcohol, a drug, or drugs to a degree that renders the enable the BLM law enforcement I. Event Area Restrictions—Between personnel to provide for public safety operator incapable of safe operation of August 1, 2011, and September 19, 2011 that vehicle; or and protect the environment on public Inclusive lands, as well as support State and local (2) The alcohol concentration in the law enforcement agencies with A. Aircraft Landing operator’s blood or breath is 0.08 grams enforcement of existing laws. or more of alcohol per 100 milliliters of The event area is closed to aircraft blood or 0.08 grams or more of alcohol The temporary closures and landing, taking off, or taxiing. Aircraft is temporary restrictions are necessary to per 210 liters of breath. defined in Title 18, U.S.C., section 31 (c) Tests: provide a safe environment for the (a)(1) and includes lighter-than-air craft (1) At the request or direction of any participants of the Burning Man event and ultra-light craft. The following law enforcement officer authorized by and to members of the public visiting exceptions apply: the Department of the Interior to enforce the Black Rock Desert, and to protect 1. All aircraft operations to include this closure and restriction order, who public land resources by addressing law ultra-light and helicopter landings/take- has probable cause to believe that an enforcement and public safety concerns offs will occur at the designated event operator of a motor vehicle has violated associated with the Burning Man event. landing strip. The authorized event a provision of paragraph (a) or (b) of this The Burning Man event is held on landing strip is a designated and Federal section, the operator shall submit to one public lands administered by the BLM. Aviation Administration approved or more tests of the blood, breath, saliva, It is expected to attract approximately public strip. or urine for the purpose of determining 50,000 participants to a remote rural 2. Only helicopters providing blood alcohol and drug content. area, far from urban infrastructure and emergency medical services may land at (2) Refusal by an operator to submit support, including law enforcement, the designated Emergency Medical to a test is prohibited and proof of public safety, transportation, and Services helicopter pad or at other refusal may be admissible in any related communication services. During the locations when required for medical judicial proceeding. event, Black Rock City, the temporary incidents. The BLM authorizing officer (3) Any test or tests for the presence city associated with the event, becomes may approve other helicopter landings of alcohol and drugs shall be the tenth largest population area in and take-offs when deemed necessary determined by and administered at the Nevada. This event is authorized on for the benefit of the law enforcement direction of an authorized person. public lands under Special Recreation operation. (4) Any test shall be conducted by Permit #NVW03500–11–01. 3. Landings or take-offs of lighter- using accepted scientific methods and The vast majority of Burning Man than-air craft previously approved by equipment of proven accuracy and event participants do not cause any the BLM authorized officer. reliability operated by personnel problems for the event organizers or the B. Alcohol certified in its use. BLM. Actions by a few participants at (d) Presumptive levels previous events have resulted in law 1. Possession of an open container of (1) The results of chemical or other enforcement and public safety incidents an alcoholic beverage by the driver or quantitative tests are intended to similar to those observed in urban areas operator of any motorized vehicle, supplement the elements of probable of similar size. Incidents that have whether or not the vehicle is in motion, cause used as the basis for the arrest of required BLM law enforcement action in is prohibited. an operator charged with a violation of prior years include the following: 2. Possession of alcohol by minors paragraph (a) of this section. If the Aircraft crashes; motor vehicle (a) The following are prohibited: alcohol concentration in the operator’s accidents with injuries both within and (1) Consumption or possession of any blood or breath at the time of testing is outside the event (a temporary fence is alcoholic beverage by a person under 21 less than alcohol concentrations installed around the event perimeter); years of age on public lands. specified in paragraph (b)(2) of this fighting; sexual assaults; assaults on law (2) Selling, offering to sell, or section, this fact does not give rise to enforcement officers; reckless or otherwise furnishing or supplying any any presumption that the operator is or threatening behavior; crimes against alcoholic beverage to a person under 21 is not under the influence of alcohol. property; crowd control issues; issues years of age on public lands. (2) The provisions of paragraph (d)(1) associated with possession and use of (b) This section does not apply to the of this section are not intended to limit alcoholic beverages; persons acting in a selling, handling, serving or the introduction of any other competent manner where they may pose a danger transporting of alcoholic beverages by a evidence bearing upon the question of to themselves or to others; possession, person in the course of his lawful whether the operator, at the time of the use, and distribution of controlled employment by a licensed alleged violation, was under the substances; and increased use of public manufacturer, wholesaler or retailer of influence of alcohol, a drug or multiple lands outside the event perimeter. alcoholic beverages. drugs, or any combination thereof.

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4. Definitions: 2. Any person evicted from the event I. Public Camping (a) Open container: Any bottle, can, or forfeits all privileges to be present The event area is closed to public other container which contains an within the perimeter fence or anywhere camping with the following exception: alcoholic beverage, if that container else within the event area even if they Burning Man event ticket holders who does not have a closed top or lid for possess a ticket to attend the event. are camped in designated areas which the seal has not been broken. If F. Fires provided by BRC LLC, and ticket the container has been opened one or holders who are camped in the more times, and the lid or top has been The ignition of fires on the surface of authorized pilot camp. BRC LLC replaced, that container is an open the Black Rock Playa without a burn authorized staff, contractors, and BLM container. blanket or burn pan is prohibited. authorized event management related (b) Possession of an open container G. Fireworks camps are exempt from this closure. includes any open container that is physically possessed by the driver or The use, sale or possession of J. Public Use operator, or is adjacent to and reachable personal fireworks is prohibited except The event area is closed to use by by that driver or operator. This includes for uses of fireworks approved by BRC members of the public unless that but is not limited to containers in a cup LLC and used as part of a Burning Man person: Possesses a valid ticket to attend holder or rack adjacent to the driver or sanctioned art burn event. the event; is an employee or authorized operator, containers on a vehicle floor H. Motor Vehicles volunteer with the BLM, a law next to the driver or operator, and enforcement agency, emergency medical containers on a seat or console area next 1. The event area is closed to motor service provider, fire protection to a driver or operator. vehicle use, except as provided below. provider, or another public agency Motor vehicles may be operated working at the event and the employee C. Drug Paraphernalia within the event area under these is assigned to the event; is a person 1. The possession of drug circumstances: working at or attending the event on paraphernalia is prohibited. (a) Participant arrival and departure behalf of the event organizers, BRC LLC; 2. Definition: Drug paraphernalia on designated routes; or is authorized by BRC LLC to be onsite (b) Vehicles operated by BRC LLC means all equipment, products and prior to the commencement of the event staff or contractors and service materials of any kind which are used, for the primary purpose of constructing, providers on behalf of BRC LLC. During intended for use, or designed for use in creating, designing or installing art, the event, from 12:01 a.m. Monday, planting, propagating, cultivating, displays, buildings, facilities or other August 29, 2011, through 11:59 p.m. growing, harvesting, manufacturing, items and structures in connection with Monday, September 5, 2011, these compounding, converting, producing, the event. preparing, testing, analyzing, packaging, vehicles must display evidence of event repackaging, storing, containing, registration at all times in such manner K. Waste Water Discharge concealing, injecting, ingesting, inhaling that it is visible to the rear of the vehicle The dumping or discharge to the or otherwise introducing into the while the vehicle is in motion; ground of gray water is prohibited. Gray human body a controlled substance in (c) BLM, medical, law enforcement, water is water that has been used for violation of any State or Federal law, or and firefighting vehicles; cooking, washing, dishwashing, or regulation issued pursuant to law. (d) Mutant vehicles, art cars, vehicles bathing and contains soap, detergent, used by disabled drivers and displaying food scraps, or food residue. D. Disorderly Conduct disabled driver license plates or 1. Disorderly conduct is prohibited. placards, or other vehicles registered L. Weapons 2. Definition: Disorderly conduct with the BRC LLC organizers and 1. The possession of any weapon is means that an individual, with the operated within the scope of that prohibited. intent of recklessly causing public registration. Prior to the commencement 2. The discharge of any weapon is alarm, nuisance, jeopardy, or violence; of the event and official issuance of prohibited. or recklessly creating a risk thereof: registration documents, such vehicles 3. The prohibitions above shall not (a) Engages in fighting or violent may be operated for arrival, testing and apply to county, State, tribal, and behavior. demonstration purposes only. During Federal law enforcement personnel, or (b) Uses language, an utterance or the event, from 12:01 a.m. Monday, any person authorized by Federal law to gesture, or engages in a display or act August 29, 2011, through 11:59 p.m. possess a weapon. ‘‘Art projects’’ that that is physically threatening or Monday, September 5, 2011, such include weapons and are sanctioned by menacing, or done in a manner that is vehicles must display evidence of BRC LLC will be permitted after likely to inflict injury or incite an registration at all times in such manner obtaining authorization from the BLM immediate breach of the peace. that it is visible to the rear of the vehicle authorized officer. (c) Obstructs, resists or attempts to while the vehicle is in motion; 4. Definitions: elude a law enforcement officer, or fails (e) Motorized skateboards or Go-Peds (a) Weapon means a firearm, to follow their orders or directions. with or without handlebars. compressed gas or spring powered 2. Definitions: pistol or rifle, bow and arrow, cross E. Eviction of Persons (a) A motor vehicle is any device bow, blowgun, spear gun, hand-thrown 1. The event area is closed to any designed for and capable of travel over spear, sling shot, irritant gas device, person who: land and which is self-propelled by a electric stunning or immobilization (a) Has been evicted from the event by motor, but does not include any vehicle device, explosive device, any the permit holder, Black Rock City LLC, operated on rails or any motorized implement designed to expel a (BRC LLC) whether or not the eviction wheelchair. projectile, switch-blade knife, any blade was requested by BLM. (b) Motorized wheelchair means a which is greater than 10 inches in (b) Has been ordered by a BLM law self-propelled wheeled device, designed length from the tip of the blade to the enforcement officer to leave the area of solely for and used by a mobility- edge of the hilt or finger guard nearest the permitted event. impaired person for locomotion. the blade (e.g., swords, dirks, daggers,

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machetes), or any other weapon the 6. Motor Vehicles should be aware that your entire possession of which is prohibited by The public closure area is closed to comment—including your personal State law. Exception: The regulation motor vehicle use, except for passage identifying information—may be made does not apply in a kitchen or cooking through, without stopping, the public publicly available at any time. While environment or where an event worker closure area on the west or east playa you can ask us in your comment to is wearing or utilizing a construction roads. Motor vehicle is defined in withhold your personal identifying knife for their duties at the event. paragraph (H)(2) of Section (I). information from public review, we (b) Firearm means any pistol, cannot guarantee that we will be able to revolver, rifle, shotgun, or other device 7. Waste Water Discharge do so. which is designed to, or may be readily The dumping or discharge to the Alexandra Lord, converted to expel a projectile by the ground of gray water is prohibited. Acting Chief, National Register of Historic ignition of a propellant. 8. Weapons Places/National Historic Landmarks Program. (c) Discharge means the expelling of a projectile from a weapon. The possession of any weapon as ALABAMA defined in paragraph (L)(4) of Section (I) Randolph County II. Public Closure Area is prohibited except weapons within Wadley Railroad Depot, Broad St. at NE. A. Between August 1, 2011 and motor vehicles passing through the corner of Tallapoosa St., Wadley, 11000428 September 19, 2011, Inclusive closure area, without stopping on the west or east playa roads. CALIFORNIA 1. Public Camping Any person who violates the above Los Angeles County The public closure area is closed to rules and restrictions may be tried Hafley, Olan G. and Aida T., House, 5561 E. public camping. before a United States Magistrate and La Pasada St., Long Beach, 11000429 fined no more than $1,000, imprisoned 2. Discharge of Weapons for no more than 12 months, or both. Monterey County Discharge of weapons as defined in Such violations may also be subject to Republic Cafe, 37 Soledad St., Salinas, paragraph (L)(2) of Section (I) is the enhanced fines provided for at 18 11000430 prohibited. U.S.C. 3571. Orange County B. Between August 29, 2011 and Authority: 43 CFR 8364.1. WILD GOOSE (yacht), 2431 West Coast Hwy., Newport Beach, 11000431 September 5, 2011, Inclusive Gene Seidlitz, 1. Aircraft Landing District Manager, Winnemucca District. Riverside County The public closure area is closed to [FR Doc. 2011–15818 Filed 6–23–11; 8:45 am] Grand Boulevard Historic District, Grand Blvd., Corona, 11000432 aircraft landing, taking off, or taxiing BILLING CODE 4310–HC–P except as described in paragraph (A) of Siskiyou County Section I. Forest House, 4204 CA 3, Yreka, 11000433 DEPARTMENT OF THE INTERIOR 2. Disorderly Conduct CONNECTICUT National Park Service Disorderly conduct as defined in Fairfield County paragraph (D)(2) of Section I is [NPS–WASO–NRNHL–0611–7651; 2280– Camp, Issac, Property, Address Restricted, prohibited. 665] Norwalk, 11000434 3. Eviction of Persons National Register of Historic Places; Hartford County (a) The public closure area is closed Notification of Pending Nominations Fairfield Avenue Historic District, Roughly and Related Actions along Fairfield Ave. from Trinity College to to any person who: Cedar Hill Cemetery, Hartford, 11000435 (1) Has been evicted from the event by Nominations for the following the permit holder, BRC LLC, whether or properties being considered for listing FLORIDA not such eviction was requested by or related actions in the National Volusia County BLM. Register were received by the National South Ridgewood Elementary School, 747 S. (2) Has been ordered by a BLM law Park Service before June 3, 2011. Ridgewood Ave., Daytona Beach, 11000436 enforcement officer to leave the area of Pursuant to section 60.13 of 36 CFR Part HAWAII the permitted event. 60, written comments are being (b) Any person evicted from the event accepted concerning the significance of Maui County forfeits all privileges to be present the nominated properties under the Baldwin, Fred C., Memorial Home, 1813 within the public closure area even if he National Register criteria for evaluation. Baldwin Ave., Makawao, 11000437 or she possesses a ticket to attend the Comments may be forwarded by United INDIANA event. States Postal Service, to the National Register of Historic Places, National La Porte County 4. Fireworks Park Service, 1849 C St., NW., MS 2280, German St. Paul’s Church, 5 Beech St., Otis, The use, sale or possession of Washington, DC 20240; by all other 11000438 personal fireworks is prohibited. carriers, National Register of Historic MISSOURI Places, National Park Service, 1201 Eye 5. Public Use St., NW., 8th floor, Washington, DC Adair County Public use is prohibited, except for: 20005; or by fax, 202–371–6447. Written Journal Printing Company Building, 119 S. (a) passage through, without stopping, or faxed comments should be submitted Elson St., Kirksville, 11000439 the public closure area on the west or July 11, 2011. Before including your Butler County east playa roads; and address, phone number, e-mail address, North Main Street Historic District, (Poplar (b) pedestrians with Burning Man or other personal identifying Bluff MPS) 400 blk. of N. Main St., Poplar tickets outside the fence. information in your comment, you Bluff, 11000440

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Jackson County Robertson County Management and Budget (OMB) for Simpson-Yeomans-Country Side Historic Russell House, 2520 Memorial Blvd., review and approval in accordance with District (Boundary Increase), E. 52nd St., Springfield, 11000458 the Paperwork Reduction Act of 1995. Brookside Blvd., Oak, E. 57th & Main Sts., Rutherford County The proposed information collection is Kansas City, 11000441 published to obtain comments from the Searcy—Matthews—Tarpley Farm, (Historic Polk County Family Farms in Middle Tennessee MPS) public and affected agencies. This proposed information collection was North Ward School, 201 W. Locust St., 455 W. Jefferson Pike, Walter Hill, previously published in the Federal Bolivar, 11000442 11000459 Register Volume 72, page 39447–01 on St. Louis Independent City Shelby County June 18, 2007, allowing for a 60-day Central Carondelet Historic District Memphis Landing, E. side of Wolf R. Harbor comment period. (Boundary Increase IV), Roughly bounded between Court and Beale Sts., Memphis, The purpose of this notice is to allow by S. Broadway, Pennsylvania Ave., I 55, 11000460 for an additional 30 days for public Bates & Delor Sts., St. Louis (Independent WISCONSIN comment until July 25, 2011. This City), 11000443 Dane County process is conducted in accordance with Lange, William A., Subdivision, 4101–4235 5 CFR 1320.10. Florissant Ave., 4128–4150 Glasgow Ave., Frey School, 8847 Co. Rd. Y, Roxbury, Written comments concerning this 2141–2325 Angelica St., 4111–4220 N. 11000461 information collection should be sent to 22nd St., St. Louis (Independent City), Milwaukee County the Office of Information and Regulatory 11000444 Kinnickinnic River Parkway, (Milwaukee Affairs, Office of Management and Twain, Mark, Elementary School, (St. Louis County Parkway System) Between S. 72nd Budget, Attn: DOJ Desk Officer. The best Public Schools of William B. Ittner MPS) & S. 16th Sts., Milwaukee, 11000462 way to ensure your comments are 5316 Ruskin Ave., St. Louis (Independent A request for REMOVAL has been made for received is to e-mail them to City), 11000445 the following resources: [email protected] or fax Western Electric—Southwestern Bell INDIANA them to 202–395–7285. All comments Telephone Distribution House, 4250 should reference the 8-digit OMB Duncan St., St. Louis (Independent City), Wells County 11000446 number for the collection or the title of Grove, John A., House, 521 W. Market St., the collection. If you have questions NEW JERSEY Bluffton, 83000045 concerning the collection, please call Hunterdon County LOUISIANA Cathy Poston at 202–514–5430 or the DOJ Desk Officer at 202–395–3176. Headquarters Historic District, Rosemont- Orleans Parish Written comments and suggestions Ringoes Rd., Zentek Rd. (Delaware New Canal Lighthouse, West End Blvd. & Township), Sergeantsville, 11000447 from the public and affected agencies Lakeshore Dr., New Orleans, 85003186 concerning the proposed collection of Morris County NEBRASKA information are encouraged. Your Methodist Episcopal Church of Hibernia, 419 comments should address one or more Douglas County Green Pond Rd. (Rockaway Township), of the following four points: Hibernia, 11000448 South Omaha Bridge, US 275/NE 92 over the (1) Evaluate whether the proposed Vanness—Linen House, 211 Hamburg Tnpk., Missouri R., Omaha, 92000742 collection of information is necessary Riverdale Borough, 11000449 Hamilton County for the proper performance of the NEW YORK Hearn, Kathleen, Building, 10th & O Sts., functions of the agency, including Aurora, 84002480 whether the information will have Montgomery County Royal Highlanders Building, 1235 M St., practical utility; Van Wie Farmstead, 269 Brower Rd., Aurora, 85002144 (2) Evaluate the accuracy of the McKinley, 11000450 agency’s estimate of the burden of the Kimball County Rockland County proposed collection of information, Stone Building, 126 S. Chestnut St., Kimball, including the validity of the Gurnee—Sherwood House, 29 Spook Hill 83001097 methodology and assumptions used; Rd., Wesley Hills, 11000451 [FR Doc. 2011–15767 Filed 6–23–11; 8:45 am] (3) Enhance the quality, utility, and Saratoga County BILLING CODE 4312–51–P clarity of the information to be Best, Abraham, House, 113 Vischer Ferry Rd., collected; and Vischer Ferry, 11000452 (4) Minimize the burden of the collection of information on those who Westchester County DEPARTMENT OF JUSTICE are to respond, including through the Hartsdale Railroad Station, 1 E. Hartsdale [OMB Number 1122–0018] use of appropriate automated, Ave., Hartsdale, 11000453 Agency Information Collection electronic, mechanical, or other TENNESSEE Activities; Extension of Currently technological collection techniques or other forms of information technology, Davidson County Approved Collection; Comments Requested; Semi-Annual Progress e.g., permitting electronic submission of Fort Nashborough, Riverfront Park on 1st responses. Ave., Nashville, 11000454 Report for the Grants to Indian Tribal Tennessee State Office Building, 6th Ave., N. Governments Program Overview of This Information & Charlotte Ave., Nashville, 11000455 Collection ACTION: 30-Day Notice of Information Franklin County Collection Under Review. (1) Type of Information Collection: Asia School, 525 Asia Rd., Asia, 11000456 Extension of Currently Approved The Department of Justice, Office on Collection. Knox County Violence Against Women (OVW), will (2) Title of the Form/Collection: Semi- Contractor’s Supply, Inc., 1909 Schofield St., be submitting the following information Annual Progress Report for Grants to Knoxville, 11000457 collection request to the Office of Indian Tribal Governments Program.

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(3) Agency form number, if any, and United States v. Tecumseh Products hazardous substances that were released the applicable component of the Company, et al., No. 1:03–cv–00401 to the Site. Subsequently, Palace Department of Justice sponsoring the (E.D. Wisc.) was lodged with the United Associates II, LLC, (‘‘Palace’’), an collection: Form Number: 1122–0018. States District Court for the Eastern affiliate of PRS, purchased the U.S. Department of Justice, Office on District of Wisconsin. remainder of the Tecumseh plant site. Violence Against Women. In this action, the United States seeks Under the current proposed Consent (4) Affected public who will be asked the implementation of response actions Decree, Tecumseh, PRS, and Palace or required to respond, as well as a brief at, and the reimbursement, pursuant to commit to finance and perform the abstract: The affected public includes the Comprehensive Environmental remedy for the remainder of the Site, the approximately 85 grantees of the Response, Compensation and Liability i.e., the Lower River, Middle River, and Grants to Indian Tribal Governments Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., Inner Harbor portions of the Site, which Program (Tribal Governments Program), of costs incurred by the United States in is expected to cost about $12.6 million, a grant program authorized by the responding to a release or threat of and pay U.S. EPA’s cost of overseeing Violence Against Women Act of 2005. release of hazardous substances in, the the remedial action. As in the case of This discretionary grant program is Lower River portion of the Sheboygan the 2006 Consent Decree Amendment, designed to enhance the ability of tribes River and Harbor Superfund Site in the party expected to undertake the to respond to violent crimes against Sheboygan County, Wisconsin (‘‘Site’’). work is PRS. Also as in the case of the Indian women, enhance victim safety, In the Amended Complaint filed in this 2006 Consent Decree Amendment, and develop education and prevention matter, the United States alleges that Tecumseh would be fully obligated to strategies. Eligible applicants are Tecumseh Products Company complete the work in the event PRS recognized Indian tribal governments or (‘‘Tecumseh’’) was an ‘‘owner or defaults on its obligations under the their authorized designees. operator’’ of the Site at the time of the proposed Consent Decree. (5) An estimate of the total number of disposal of hazardous substances in the respondents and the amount of time Lower River portion of the Site and The Department of Justice will estimated for an average respondent to therefore, pursuant to CERCLA Section receive, for a period of thirty (30) days respond/reply: It is estimated that it will 107(a)(2), 42 U.S.C. 9607(a)(2), is liable from the date of this publication, take the approximately 85 respondents for the reimbursement of response costs comments relating to the Consent (Tribal Governments Program grantees) and for the performance of response Decree. Comments should be addressed approximately one hour to complete a actions under CERCLA. In the Amended to the Assistant Attorney General, semi-annual progress report. The semi- Complaint, the United States further Environment and Natural Resources annual progress report is divided into alleges that co-Defendants Pollution Division, and either e-mailed to sections that pertain to the different Risk Services LLC, and Palace [email protected] or types of activities in which grantees Associates, LLC, are liable, under mailed to P.O. Box 7611, U.S. may engage. A Tribal Governments CERCLA Section 107(a)(1), 42 U.S.C. Department of Justice, Washington, DC Program grantee will only be required to 9607(a)(1), as present owners of a 20044–7611, and should refer to United complete the sections of the form that portion of the Site. States v. Tecumseh Products Company, pertain to its own specific activities. This is the third settlement agreement DOJ Ref. # 90–11–2–06440/2. The (6) An estimate of the total public in this matter. On May 12, 2004, the proposed Consent Decree may be burden (in hours) associated with the United States District Court for the examined at U.S. EPA Region 5, 77 West collection: The total annual hour burden Eastern District of Wisconsin approved Jackson Boulevard, Chicago, IL 60604. to complete the data collection forms is and entered a Consent Decree (‘‘2004 (contact Richard Nagle, 312–353–8222). 170 hours, that is 85 grantees Decree’’) that required Tecumseh to: (1) During the public comment period, completing a form twice a year with an Implement those components of the the Consent Decree may also be estimated completion time for the form remedy for the Upper River portion of examined on the following Department being one hour. the Site that were set forth in a May 12, of Justice Web site: http:// If additional information is required 2004 Record of Decision issued by the www.usdoj.gov/enrd/ contact: Jerri Murray, Department U.S. Environmental Protection Agency Consent_Decrees.html. A copy of the Clearance Officer, United States (‘‘U.S. EPA’’); (2) pay $2.1 million Consent Decree may also be obtained by Department of Justice, Justice towards the United States= past site past mail from the Consent Decree Library, Management Division, Policy and response costs; and (3) reimburse U.S. P.O. Box 7611, U.S. Department of Planning Staff, Two Constitution EPA all future Upper River response Justice, Washington, DC 20044–7611 or Square, 145 N Street, NE., Room 2E– costs incurred by the United States. The by faxing or e-mailing a request to Tonia 508, Washington, DC 20530. $2.1 million in past costs has been paid, Fleetwood ([email protected]), and all future Upper River response Jerri Murray, fax no. (202) 514–0097, phone costs billed to Tecumseh to date have confirmation number (202) 514–1547. In Department Clearance Officer, United States also been paid. Department of Justice. requesting a copy, please refer to the Under a 2006 Amendment to the 2004 referenced case and enclose a check in [FR Doc. 2011–15796 Filed 6–23–11; 8:45 am] Decree, a third party, Pollution Risk the amount of $25.00 (25 cents per page BILLING CODE 4410–FX–P Services LLC (‘‘PRS’’), became party to reproduction costs) (Consent Decree the Amended Consent Decree and only) or $83.00 (Consent Decree and all assumed lead responsibility for DEPARTMENT OF JUSTICE appendices), payable to the U.S. completing the cleanup of the Upper Treasury. Notice of Lodging of Consent Decree River Section of the Site. Tecumseh, Maureen Katz, Under the Comprehensive however, remains liable for completion Environmental Response, of the Upper River remedy should PRS Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Compensation and Liability Act fail to perform. In 2006, PRS purchased the former Division. Notice is hereby given that on June Tecumseh plant in Sheboygan Falls, [FR Doc. 2011–15870 Filed 6–23–11; 8:45 am] 13, 2011, a proposed Consent Decree in Wisconsin, which was a source of BILLING CODE 4410–15–P

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DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR after February 10, 2010 through March 25, 2013, and all workers in the group threatened Notice of Lodging Proposed Consent Employment and Training with total or partial separation from Decree Administration employment on date of certification through two years from the date of certification, are [TA–W–75,232] eligible to apply for adjustment assistance In accordance with Departmental under Chapter 2 of Title II of the Trade Act Policy, 28 CFR 50.7, notice is hereby The Travelers Indemnity Company, A of 1974, as amended. given that a proposed Consent Decree in Wholly-Owned Subsidiary of the Signed in Washington, DC, this 6th day of United States v. Eddie’s Service Station, Travelers Companies, Inc., Personal June, 2011. et al., No. 5:10-cv-6126, was lodged Insurance Division, Customer Sales Del Min Amy Chen, with the United States District Court for and Service Business Unit, Account Certifying Officer, Office of Trade Adjustment the Western District of Missouri on June Processing Unit, Including Assistance. Teleworkers Located Throughout the 20, 2011. [FR Doc. 2011–15849 Filed 6–23–11; 8:45 am] This proposed Consent Decree United States Reporting to Knoxville, TN; Amended Certification Regarding BILLING CODE 4510–FN–P concerns a complaint filed by the Eligibility To Apply for Worker United States against Eddie’s Service Adjustment Assistance Station, Inc., and Gerald Oswald DEPARTMENT OF LABOR pursuant to 33 U.S.C. 1311(a), to obtain In accordance with Section 223 of the Employment and Training injunctive relief from and impose civil Trade Act of 1974, as amended (‘‘Act’’), Administration penalties against the Defendants for 19 U.S.C. 2273, the Department of Labor violating the Clean Water Act by issued a Certification of Eligibility to [TA–W–75,033] discharging pollutants without a permit Apply for Worker Adjustment into waters of the United States. The Assistance on March 25, 2011, Indianapolis Metal Center, a Division of proposed Consent Decree resolves these applicable to workers of The Travelers General Motors Company, Including allegations by requiring the Defendants Indemnity Company, a wholly-owned Workers Whose Wages Were Previously Reported Under FEIN 38– to pay a civil penalty, conduct a subsidiary of The Travelers Companies, 0572515, Including On-Site Leased mitigation project, and enter into several Inc., Personal Insurance Division, Workers From Aerotek, environmental covenants on the affected Customer Sales and Service Business Comprehensive Logistics Company, property. The Department of Justice will Unit, Account Processing Unit, Knoxville, Tennessee (subject firm). The Inc., Hewlett Packard, Ideal Setech, accept written comments relating to this workers provide account processing LLC, Quaker Chemical Co., Securias proposed Consent Decree for thirty (30) services. The notice was published in Security Services US, Robinson days from the date of publication of this the Federal Register on April 11, 2011 Solutions, Watge Mangement, Inc., Notice. Please address comments to (76 FR 20047). American Food and Vending, Key David Gunter, Appellate Section, United At the request of the State of Office Service, Paragon Technologies, States Department of Justice, P.O. Box Tennessee workforce agency, the Voith Industrial Services, Inc., and 23795, Washington, DC 20026 and refer Department reviewed the certification VMX International, LLC, Indianapolis, to United States v. Eddie’s Service for workers of the subject firm. IN; Amended Certification Regarding Station, DJ #90–5–1–1–17849. New information shows that worker Eligibility To Apply for Worker The proposed Consent Decree may be separations have occurred involving Adjustment Assistance employees of the subject firm who examined at the Clerk’s Office, United In accordance with Section 223 of the telework from off-site locations States District Court for the Western Trade Act of 1974, as amended (‘‘Act’’), throughout the United States. These District of Missouri, 400 East 9th Street, 19 U.S.C. 2273, the Department of Labor employees provided various activities Kansas City, Missouri 64106. In issued a Certification of Eligibility to related to the supply of account addition, the proposed Consent Decree Apply for Worker Adjustment processing services. may be viewed at http://www.usdoj.gov/ Assistance on February 18, 2011, Based on these findings, the enrd/Consent_Decrees.html. applicable to workers of Indianapolis Department is amending this Metal Center, a division of General Maureen M. Katz, certification to include employees of the Motors Company, including workers subject firm who telework and report to Assistant Section Chief, Environment & whose wages were previously reported the Knoxville, Tennessee facility. Natural Resources Division. under FEIN 38–0572515, including on- The intent of the Department’s [FR Doc. 2011–15869 Filed 6–23–11; 8:45 am] site leased workers from Aerotek, certification is to include all workers of BILLING CODE P Comprehensive Logistics Company, the subject firm who were adversely Inc., Hewlett Packard, Ideal Setech, affected by a shift in account processing LLC, Quaker Chemical Co., Securitas services to India. Security Services US, Robinson The amended notice applicable to Solutions, Waste Management, Inc., TA–W–75,232 is hereby issued as American Food and Vending, Key Office follows: Services, and Paragon Technologies, All workers of The Travelers Indemnity Indianapolis, Indiana. The workers Company, a wholly-owned subsidiary of The produce automotive stampings. The Travelers Companies, Inc., Personal notice was published in the Federal Insurance Division, Customer Sales and Service Business Unit, Account Processing Register on March 10, 2011 (76 FR Unit, including teleworkers located 13230). throughout the United States reporting to, At the request of the State agency, the Knoxville, Tennessee, who became totally or Department reviewed the certification partially separated from employment on or for workers of the subject firm. The

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company reports that workers leased DEPARTMENT OF LABOR of the Trade Act of 1974, and are also eligible from Voith Industrial Services, Inc., and to apply for alternative trade adjustment VMX International, LLC were employed Employment and Training assistance under Section 246 of the Trade Act of 1974. on-site at the Indianapolis, Indiana Administration location of Indianapolis Metal Center, a Signed at Washington, DC, this 15th day of [TA–W–80,092] June 2011. division of General Motors Company, including workers whose wages were Covidien, Formerly Aspect Medical, R Michael W. Jaffe, previously reported under FEIN 38– & MS Division, Including On-Site Certifying Officer, Office of Trade Adjustment Assistance. 0572515. The Department has Leased Workers From Kelly Services [FR Doc. 2011–15844 Filed 6–23–11; 8:45 am] determined that these workers were and Total Technical Services, sufficiently under the control of Norwood, MA; Amended Certification BILLING CODE 4510–FN–P Indianapolis Metal Center, a division of Regarding Eligibility To Apply for Worker Adjustment Assistance and General Motors Company, including DEPARTMENT OF LABOR workers whose wages were previously Alternative Trade Adjustment Assistance reported under FEIN 38–0572515 to be Employment and Training considered leased workers. In accordance with Section 223 of the Administration Based on these findings, the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 Notice of Determinations Regarding Department is amending this Eligibility To Apply for Worker certification to include workers leased U.S.C. 2813), as amended, the Department of Labor issued a Adjustment Assistance and Alternative from Voith Industrial Services, Inc., and Trade Adjustment Assistance VMX International, LLC working on-site Certification of Eligibility to Apply for at the Indianapolis, Indiana location of Worker Adjustment Assistance and In accordance with Section 223 of the Alternative Trade Adjustment Indianapolis Metal Center, a division of Trade Act of 1974, as amended (19 Assistance on May 20, 2011, applicable General Motors Company, including U.S.C. 2273) the Department of Labor to workers of Covidien, formerly Aspect workers whose wages were previously herein presents summaries of Medical, R & MS Division, including on- determinations regarding eligibility to reported under FEIN 38–0572515. site leased workers from Kelly Services, apply for trade adjustment assistance for The amended notice applicable to Norwood, Massachusetts. The workers workers (TA–W) number and alternative TA–W–75,033 is hereby issued as are engaged in activities related to the trade adjustment assistance (ATAA) by follows: production of medical sensors and (TA–W) number issued during the All workers of Indianapolis Metal Center, monitors. The notice will be published period of June 6, 2011 through June 10, a division of General Motors Company, soon in the Federal Register. 2011. including workers whose wages were At the request of the State agency, the In order for an affirmative previously reported under FEIN 38–0572515, Department reviewed the certification determination to be made for workers of including on-site leased workers from for workers of the subject firm. New a primary firm and a certification issued Aerotek, Comprehensive Logistics Company, information shows that workers leased regarding eligibility to apply for worker Inc., Hewlett Packard, Ideal Setech, LLC, from Total Technical Services were adjustment assistance, each of the group Quaker Chemical Co., Securitas Security employed on-site at the Norwood, eligibility requirements of Section Services US, Robinson Solutions, Waste Massachusetts location of Covidien, 222(a) of the Act must be met. Management, Inc., American Food and formerly Aspect Medical, R & MS I. Section (a)(2)(A) all of the following Vending, Key Office Services, Paragon Division. must be satisfied: Technologies, Voith Industrial Services, Inc., The Department has determined that A. A significant number or proportion and VMX International, LLC, Indianapolis, these workers were sufficiently under of the workers in such workers’ firm, or Indiana, who became totally or partially the control of Covidien, formerly Aspect an appropriate subdivision of the firm, separated from employment on or after Medical, R & MS Division to be have become totally or partially December 20, 2009, through February 18, considered leased workers. separated, or are threatened to become 2013, and all workers in the group threatened The intent of the Department’s totally or partially separated; with total or partial separation from certification is to include all workers of B. The sales or production, or both, of employment on the date of certification the subject firm adversely affected by such firm or subdivision have decreased through two years from the date of the shift in production of medical absolutely; and certification, are eligible to apply for sensors and monitors to Singapore. C. Increased imports of articles like or adjustment assistance under Chapter 2 of Based on these findings, the directly competitive with articles Title II of the Trade Act of 1974, as amended. Department is amending this produced by such firm or subdivision certification to include workers leased have contributed importantly to such Signed at Washington, DC, this 15th day of workers’ separation or threat of June 2011. from Total Technical Services working on-site at the Norwood, Massachusetts separation and to the decline in sales or Michael W. Jaffe, location of the subject firm. production of such firm or subdivision; Certifying Officer, Office of Trade Adjustment The amended notice applicable to or Assistance. TA–W–80,092 is hereby issued as II. Section (a)(2)(B) both of the [FR Doc. 2011–15848 Filed 6–23–11; 8:45 am] follows: following must be satisfied: BILLING CODE 4510–FN–P A. A significant number or proportion All workers of Covidien, formerly Aspect of the workers in such workers’ firm, or Medical, R & MS Division, including on-site leased workers from Kelly Services and Total an appropriate subdivision of the firm, Technical Services, Norwood, Massachusetts, have become totally or partially who became totally or partially separated separated, or are threatened to become from employment on or after April 4, 2010, totally or partially separated; through May 20, 2013, are eligible to apply B. There has been a shift in for adjustment assistance under Section 223 production by such workers’ firm or

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subdivision to a foreign country of 2. Whether the workers in the Leased Workers of Manpower, articles like or directly competitive with workers’ firm possess skills that are not Catskill, NY: April 4, 2010 articles which are produced by such easily transferable. TA–W–80,109; Coupled Products, LLC, firm or subdivision; and 3. The competitive conditions within A Division of S & G Industries, C. One of the following must be the workers’ industry (i.e., conditions Columbia City, IN: October 28, 2010 satisfied: within the industry are adverse). TA–W–80,138; Southwire Company, 1. The country to which the workers’ Long Beach, CA: April 27, 2010 Affirmative Determinations for Worker TA–W–80,194; Kingston, Fountain firm has shifted production of the Adjustment Assistance articles is a party to a free trade Valley, CA: May 23, 2010 agreement with the United States; The following certifications have been TA–W–80,100; Dimensions Crafts, LLC, 2. The country to which the workers’ issued. The date following the company Cloverdale, CA: April 11, 2010 firm has shifted production of the name and location of each TA–W–80,104; Sullivan Carson, York, articles to a beneficiary country under determination references the impact SC: April 12, 2010 TA–W–80,111; International Game the Andean Trade Preference Act, date for all workers of such Technology, Reno, NV: April 12, African Growth and Opportunity Act, or determination. The following certifications have been 2010 the Caribbean Basin Economic Recovery TA–W–80,111A; International Game Act; or issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Technology, Las Vegas, NV: April 3. There has been or is likely to be an 12, 2010 increase in imports of articles that are Trade Act have been met. The following certification has been like or directly competitive with articles None issued. The requirements of Section which are or were produced by such The following certifications have been 222(a)(2)(B) (shift in production) and firm or subdivision. issued. The requirements of Section Section 246(a)(3)(A)(ii) of the Trade Act Also, in order for an affirmative 222(a)(2)(B) (shift in production) of the have been met. determination to be made for Trade Act have been met. secondarily affected workers of a firm TA–W–80,092; Covidien, formerly and a certification issued regarding None Aspect Medical, R & MS Div., Norwood, MS: April 4, 2010. eligibility to apply for worker The following certifications have been TA–W–80,187; Bendonfield adjustment assistance, each of the group issued. The requirements of Section Management Services, Voorhees, eligibility requirements of Section 222(b) (supplier to a firm whose workers NJ: April 14, 2010 222(b) of the Act must be met. are certified eligible to apply for TAA) (1) Significant number or proportion of the Trade Act have been met. Negative Determinations for Worker of the workers in the workers’ firm or Adjustment Assistance and Alternative None an appropriate subdivision of the firm Trade Adjustment Assistance The following certifications have been have become totally or partially In the following cases, the issued. The requirements of Section separated, or are threatened to become investigation revealed that the eligibility 222(b) (downstream producer for a firm totally or partially separated; criteria for worker adjustment assistance whose workers are certified eligible to (2) The workers’ firm (or subdivision) have not been met for the reasons apply for TAA based on increased is a supplier or downstream producer to specified. a firm (or subdivision) that employed a imports from or a shift in production to Because the workers of the firm are group of workers who received a Mexico or Canada) of the Trade Act not eligible to apply for TAA, the certification of eligibility to apply for have been met. workers cannot be certified eligible for trade adjustment assistance benefits and None ATAA. such supply or production is related to The investigation revealed that the article that was the basis for such Affirmative Determinations for Worker criteria (a)(2)(A)(I.B.) (Sales or certification; and Adjustment Assistance and Alternative production, or both, did not decline) (3) Either— Trade Adjustment Assistance and (a)(2)(B)(II.B.) (shift in production (A) The workers’ firm is a supplier The following certifications have been to a foreign country) have not been met. and the component parts it supplied for issued. The date following the company the firm (or subdivision) described in name and location of each None paragraph (2) accounted for at least 20 determination references the impact The investigation revealed that percent of the production or sales of the date for all workers of such criteria (a)(2)(A)(I.C.) (increased workers’ firm; or determination. imports) and (a)(2)(B)(II.B.) (shift in (B) A loss or business by the workers’ The following certifications have been production to a foreign country) have firm with the firm (or subdivision) issued. The requirements of Section not been met. described in paragraph (2) contributed 222(a)(2)(A) (increased imports) and TA–W–80,006; Mitel (Delaware), Inc., importantly to the workers’ separation Section 246(a)(3)(A)(ii) of the Trade Act Chandler, AZ or threat of separation. have been met. TA–W–80,071; PCS Administration In order for the Division of Trade TA–W–80,010; The Durham (USA), Inc., Northbrook, IL Adjustment Assistance to issue a Manufacturing Company, Including TA–W–80,089; Parkdale America, LLC, certification of eligibility to apply for On-Site Leased Workers from Galax, VA Alternative Trade Adjustment Hamilton Connections and Westaff, The workers’ firm does not produce Assistance (ATAA) for older workers, Durham, CT: March 21, 2010 an article as required for certification the group eligibility requirements of TA–W–80,080; ViaTech Publishing under Section 222 of the Trade Act of Section 246(a)(3)(A)(ii) of the Trade Act Solutions, Including On-Site Leased 1974. must be met. Workers from Express Temp, TA–W–80,017; Project Resources Group, 1. Whether a significant number of Kalama, WA: March 28, 2010 Inc., La Junta, CO workers in the workers’ firm are 50 TA–W–80,088; Holcim (US), Inc., TA–W–80,073; Ikano Communications, years of age or older. Catskill Plant, Holcim LTD, On-Site Inc., Salt Lake City, UT

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Determinations Terminating I. Under Section 222(a)(2)(A), the eligibility requirements of Section Investigations of Petitions for Worker following must be satisfied: 222(b) of the Act must be met. Adjustment Assistance (1) A significant number or proportion (1) A significant number or proportion of the workers in such workers’ firm After notice of the petitions was of the workers in the public agency have have become totally or partially published in the Federal Register and become totally or partially separated, or separated, or are threatened to become on the Department’s Web site, as are threatened to become totally or totally or partially separated; required by Section 221 of the Act (19 partially separated; (2) The sales or production, or both, U.S.C. 2271), the Department initiated (2) The public agency has acquired of such firm have decreased absolutely; investigations of these petitions. from a foreign country services like or and The following determinations directly competitive with services (3) One of the following must be which are supplied by such agency; and terminating investigations were issued satisfied: because the petitioning group of (3) The acquisition of services (A) Imports of articles or services like contributed importantly to such workers are covered by active or directly competitive with articles certifications. Consequently, further workers’ separation or threat of produced or services supplied by such separation. investigation in these cases would firm have increased; service no purpose since the petitioning In order for an affirmative (B) Imports of articles like or directly determination to be made for adversely group of workers cannot be covered by competitive with articles into which one more than one certification at a time. affected secondary workers of a firm and or more component parts produced by a certification issued regarding TA–W–80,108; Hartford Financial such firm are directly incorporated, eligibility to apply for worker Services, Simsbury, CT have increased; adjustment assistance, each of the group TA–W–80,186; Colville Tribal (C) Imports of articles directly eligibility requirements of Section Construction, Nespelem, WA incorporating one or more component 222(c) of the Act must be met. I hereby certify that the aforementioned parts produced outside the United (1) A significant number or proportion determinations were issued during the period States that are like or directly of the workers in the workers’ firm have of June 6, 2011 through June 10, 2011. Copies competitive with imports of articles become totally or partially separated, or of these determinations may be requested incorporating one or more component under the Freedom of Information Act. are threatened to become totally or parts produced by such firm have partially separated; Request may be submitted by fax, courier increased; (2) The workers’ firm is a Supplier or services, or mail to FOIA Disclosure Officer, (D) Imports of articles like or directly Downstream Producer to a firm that Office of Trade Adjustment Assistance (ETA), competitive with articles which are U.S. Department of Labor, 200 Constitution employed a group of workers who produced directly using services Avenue, NW., Washington, DC 20210 or received a certification of eligibility supplied by such firm, have increased; [email protected]. These determinations under Section 222(a) of the Act, and also are available on the Department’s Web and (4) The increase in imports such supply or production is related to site at http://www.doleta.gov/tradeact under the article or service that was the basis the searchable listing of determinations. contributed importantly to such for such certification; and Dated: June 16, 2011. workers’ separation or threat of separation and to the decline in the (3) Either— Michael W. Jaffe, sales or production of such firm; or (A) The workers’ firm is a supplier Certifying Officer, Office of Trade Adjustment II. Section 222(a)(2)(B) all of the and the component parts it supplied to Assistance. following must be satisfied: the firm described in paragraph (2) [FR Doc. 2011–15847 Filed 6–23–11; 8:45 am] (1) A significant number or proportion accounted for at least 20 percent of the BILLING CODE 4510–FN–P of the workers in such workers’ firm production or sales of the workers’ firm; have become totally or partially or separated, or are threatened to become (B) A loss of business by the workers’ DEPARTMENT OF LABOR totally or partially separated; firm with the firm described in (2) One of the following must be paragraph (2) contributed importantly to Employment and Training the workers’ separation or threat of Administration satisfied: (A) There has been a shift by the separation. Notice of Determinations Regarding workers’ firm to a foreign country in the In order for an affirmative Eligibility To Apply for Worker production of articles or supply of determination to be made for adversely Adjustment Assistance services like or directly competitive affected workers in firms identified by with those produced/supplied by the the International Trade Commission and In accordance with Section 223 of the workers’ firm; a certification issued regarding Trade Act of 1974, as amended (19 (B) There has been an acquisition eligibility to apply for worker U.S.C. 2273) the Department of Labor from a foreign country by the workers’ adjustment assistance, each of the group herein presents summaries of firm of articles/services that are like or eligibility requirements of Section 222(f) determinations regarding eligibility to directly competitive with those of the Act must be met. apply for trade adjustment assistance for produced/supplied by the workers’ firm; (1) The workers’ firm is publicly workers by (TA–W) number issued and identified by name by the International during the period of June 6, 2011 (3) The shift/acquisition contributed Trade Commission as a member of a through June 10, 2011. importantly to the workers’ separation domestic industry in an investigation In order for an affirmative or threat of separation. resulting in— determination to be made for workers of In order for an affirmative (A) An affirmative determination of a primary firm and a certification issued determination to be made for adversely serious injury or threat thereof under regarding eligibility to apply for worker affected workers in public agencies and section 202(b)(1); adjustment assistance, each of the group a certification issued regarding (B) An affirmative determination of eligibility requirements of Section eligibility to apply for worker market disruption or threat thereof 222(a) of the Act must be met. adjustment assistance, each of the group under section 421(b)(1); or

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(C) An affirmative final determination (3) The workers have become totally None of material injury or threat thereof under or partially separated from the workers’ Negative Determinations for Worker section 705(b)(1)(A) or 735(b)(1)(A) of firm within— Adjustment Assistance the Tariff Act of 1930 (19 U.S.C. (A) The 1-year period described in 1671d(b)(1)(A) and 1673d(b)(1)(A)); paragraph (2); or In the following cases, the (2) The petition is filed during the 1- (B) Notwithstanding section 223(b)(1), investigation revealed that the eligibility year period beginning on the date on the 1-year period preceding the 1-year criteria for worker adjustment assistance which— period described in paragraph (2). have not been met for the reasons specified. (A) A summary of the report Affirmative Determinations for Worker The investigation revealed that the submitted to the President by the Adjustment Assistance criteria under paragraphs (a)(2)(A)(i) International Trade Commission under The following certifications have been (decline in sales or production, or both) section 202(f)(1) with respect to the issued. The date following the company and (a)(2)(B) (shift in production or affirmative determination described in name and location of each services to a foreign country) of section paragraph (1)(A) is published in the determination references the impact 222 have not been met. Federal Register under section 202(f)(3); date for all workers of such The investigation revealed that the or determination. criteria under paragraphs (a)(2)(A) (B) Notice of an affirmative The following certifications have been (increased imports) and (a)(2)(B) (shift determination described in issued. The requirements of Section in production or services to a foreign subparagraph (1) is published in the 222(a)(2)(A) (increased imports) of the country) of section 222 have not been Federal Register; and Trade Act have been met. met.

Impact TA–W number Subject firm Location date

75,283 ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- San Diego, CA ...... tion Security-Identity, etc. 75,283A ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- Colorado Springs, CO ...... tion Security-Identity, etc. 75,283B ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- Kokomo, IN ...... tion Security-Identity, etc. 75,283C ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- Lansing and Pontiac, MI ...... tion Security-Identity, etc. 75,283D ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- Plano, TX ...... tion Security-Identity, etc. 75,283E ...... Hewlett Packard Company, Enterprise Services Division; Global Informa- Teleworkers Across the United tion Security-Identity, etc. States, 00. 75,314 ...... JPMorgan Chase and Company, EMC Mortgage LLC, formally EMC Mort- Lewisville, TX ...... gage Corporation.

I hereby certify that the aforementioned DEPARTMENT OF LABOR threatened to begin and the subdivision determinations were issued during the period of the firm involved. of June 6, 2011 through June 10, 2011. Copies Employment and Training The petitioners or any other persons of these determinations may be requested Administration showing a substantial interest in the under the Freedom of Information Act. subject matter of the investigations may Requests may be submitted by fax, courier Investigations Regarding Certifications request a public hearing, provided such services, or mail to FOIA Disclosure Officer, of Eligibility To Apply for Worker request is filed in writing with the Office of Trade Adjustment Assistance (ETA), Adjustment Assistance and Alternative Director, Office of Trade Adjustment U.S. Department of Labor, 200 Constitution Trade Adjustment Assistance Assistance, at the address shown below, Avenue, NW., Washington, DC 20210 or not later than July 5, 2011. [email protected]. These determinations Petitions have been filed with the Interested persons are invited to also are available on the Department’s Web Secretary of Labor under Section 221 (a) submit written comments regarding the site at http://www.doleta.gov/tradeact under of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations to the searchable listing of determinations. are identified in the Appendix to this the Director, Office of Trade Adjustment Dated: June 16, 2011. notice. Upon receipt of these petitions, Assistance, at the address shown below, Michael W. Jaffe, the Director of the Office of Trade not later than July 5, 2011. Adjustment Assistance, Employment Certifying Officer, Office of Trade Adjustment The petitions filed in this case are and Training Administration, has Assistance. available for inspection at the Office of instituted investigations pursuant to the Director, Office of Trade Adjustment [FR Doc. 2011–15846 Filed 6–23–11; 8:45 am] Section 221 (a) of the Act. Assistance, Employment and Training BILLING CODE 4510–FN–P The purpose of each of the Administration, U.S. Department of investigations is to determine whether Labor, Room N–5428, 200 Constitution the workers are eligible to apply for Avenue, NW., Washington, DC 20210. adjustment assistance under Title II, Signed at Washington, DC, this 16th day of Chapter 2, of the Act. The investigations June 2011. will further relate, as appropriate, to the Michael W. Jaffe, determination of the date on which total Certifying Officer, Office of Trade Adjustment or partial separations began or Assistance.

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APPENDIX [11 TAA petitions instituted between 6/6/11 and 6/10/11]

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

80217 ...... Intelicoat Technologies, LLC (Workers) ...... Portland, OR ...... 06/06/11 06/03/11 80218 ...... Unimin Corporation (Union) ...... Hamilton, WA ...... 06/06/11 06/03/11 80219 ...... Beacon Medical Services (Workers) ...... Aurora, CO ...... 06/07/11 05/16/11 80220 ...... Pelican Importing and Exporting (State/One-Stop) ...... Houston, TX ...... 06/07/11 06/06/11 80221 ...... International Netherlands Group, ING (State/One-Stop) ..... Windsor, CT ...... 06/07/11 06/06/11 80222 ...... Saint-Gobain Abrasives (Union) ...... Watervliet, NY ...... 06/07/11 06/06/11 80223 ...... RockTenn (Company) ...... Milwaukee, WI ...... 06/08/11 05/27/11 80224 ...... Grays Harbor Paper L.L.C. (Union) ...... Hoquiam, WA ...... 06/08/11 06/07/11 80225 ...... Finisar Corporation (Workers) ...... Horsham, PA ...... 06/09/11 06/08/11 80226 ...... Camco Cedar (State/One-Stop) ...... Tacoma, WA ...... 06/09/11 06/07/11 80227 ...... Bos Automotive Products, Inc (Company) ...... Morristown, TN ...... 06/10/11 06/09/11

[FR Doc. 2011–15845 Filed 6–23–11; 8:45 am] to minimize the burden of the collection In 2003, to comply with E-government BILLING CODE 4510–FN–P of information on those who are to requirements, the nomination processes respond, including through the use of were converted to electronic submission appropriate automated, electronic, through the National Science NATIONAL SCIENCE FOUNDATION mechanical, or other technological Foundation’s (NSF) FastLane system. collection techniques or other forms of Individuals can now prepare Agency Information Collection information technology should be nominations and references through Activities: Comment Request addressed to: Office of Information and http://www.fastlane.nsf.gov/ Regulatory Affairs of OMB, Attention: honawards/. First-time users must AGENCY: National Science Foundation. Desk Officer for National Science register on the Fastlane Web site using ACTION: Submission for OMB Review; Foundation, 725–17th Street, NW., the link found in the upper right-hand Comment Request. Room 10235, Washington, DC 20503, corner above the ‘‘Log In’’ box before and to Suzanne H. Plimpton, Reports accessing any of the honorary award SUMMARY: Under the Paperwork Clearance Officer, National Science categories. Reduction Act of 1995, Public Law 104– Foundation, 4201 Wilson Boulevard, Use of the Information: The 13 (44 U.S.C. 3501 et seq.), and as part Suite 295, Arlington, Virginia 22230 or Foundation has the following honorary of its continuing effort to reduce send e-mail to [email protected]. Copies award programs: paperwork and respondent burden, the of the submission may be obtained by • President’s National Medal of National Science Foundation (NSF) is calling (703) 292–7556. Science. Statutory authority for the inviting the general public and other President’s National Medal of Science is Federal agencies to comment on this FOR FURTHER INFORMATION CONTACT: contained in 42 U.S.C. 1881 (Pub. L. 86– proposed continuing information Suzanne H. Plimpton, NSF Reports 209), which established the award and collection. This is the second notice for Clearance Officer at (703) 292–7556 or stated that ‘‘(t)he President shall * * * public comment; the first was published send e-mail to [email protected]. award the Medal on the in the Federal Register at 76 FR 21073 An agency may not conduct or recommendations received from the and no substantial comments were sponsor a collection of information National Academy of Sciences or on the received. NSF is forwarding the unless the collection of information basis of such other information and proposed submission to the Office of displays a currently valid OMB control evidence as * * * appropriate.’’ Management and Budget (OMB) for number and the agency informs Subsequently, Executive Order 10961 clearance simultaneously with the potential persons who are to respond to specified procedures for the Award by publication of this second notice. The the collection of information that such establishing a National Medal of Science full submission may be found at: persons are not required to respond to Committee which would ‘‘receive http://www.reginfo.gov/public/do/ the collection of information unless it recommendations made by any other PRAMain. displays a currently valid OMB control number. nationally representative scientific or DATES: Comments regarding these engineering organization.’’ On the basis information collections are best assured SUPPLEMENTARY INFORMATION: of these recommendations, the of having their full effect if received by Title of Collection: National Science Committee was directed to select its OMB within 30 days of publication in Foundation Science Honorary Awards. candidates and to forward its the Federal Register. OMB Control No.: 3145–0035. recommendations to the President. ADDRESSES: Written comments Abstract: The National Science In 1962, to comply with these regarding (a) Whether the collection of Foundation (NSF) administers several directives, the Committee initiated a information is necessary for the proper honorary awards, among them the solicitation form letter to invite these performance of the functions of NSF, President’s National Medal of Science, nominations. In 1979, the Committee including whether the information will the Alan T. Waterman Award, the initiated a nomination form as an have practical utility; (b) the accuracy of National Science Board (NSB) Vannevar attachment to the solicitation letter. A NSF’s estimate of burden including the Bush Award, the NSB Public Service slightly modified version of the validity of the methodology and Award, and the Presidential Awards for nomination form was used in 1980. assumptions used; (c) ways to enhance Excellence in Science, Mathematics and The Committee established the the quality, utility and clarity of the Engineering Mentoring (PAESMEM) following guidelines for selection of information to be collected; or (d) ways program. candidates:

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1. Principal criterion: The total impact procedures, allowed for more effective them to be considered by the selection of an individual’s work on the current Committee review, and permitted better committee. state of physical, biological, staff work in a short period of time. On • NSB Public Service Award. The mathematical, engineering or social and the basis of its review, the Committee NSB Public Service Award Committee behavioral sciences. forwards its recommendation to the was established in November 1996. This 2. Achievements of an unusually Director, NSF, and the National Science annual award recognizes people and significant nature in relation to the Board (NSB). organizations that have increased the potential effects on the development of Candidates must be U.S. citizens or public understanding of science or scientific thought. permanent residents and must be 35 engineering. The award is given to an 3. Unusually distinguished service in years of age or younger or not more than individual and to a group (company, the general advancement of science and seven years beyond receipt of the Ph.D. corporation, or organization), but not to engineering, especially when degree by December 31 of the year in members of the U.S. Government. accompanied by substantial which they are nominated. Candidates Eligibility includes any individual or contributions to the content of science. should have demonstrated exceptional group (company, corporation, or Recognition by peers within the individual achievements in scientific or organization) that has increased the scientific community. engineering research of sufficient public understanding of science or 4. Contributions to innovation and quality to place them at the forefront of engineering. Members of the U.S. industry. their peers. Criteria include originality, Government are not eligible for 5. Influence on education through innovation, and significant impact on consideration. publications, teaching activities, the field. Candidates for the individual and • outreach, mentoring, etc. Vannevar Bush Award. The NSB group (company, corporation, or 6. Must be a U.S. citizen or permanent established the Vannevar Bush Award organization) award must have made resident who has applied for in 1980 to honor Dr. Bush’s unique contributions to public service in areas citizenship. contributions to public service. The other than research, and should meet In 2003, the Committee changed the award recognizes an individual who, one or more of the following criteria: active period of eligibility to three years, through public service activities in 1. Increased the public’s including the year of nomination. After science and technology, has made an understanding of the processes of that time, candidates must be outstanding ‘‘contribution toward the science and engineering through renominated with a new nomination welfare of mankind and the Nation.’’ scientific discovery, innovation and its package for them to be considered by The NSB ad hoc Vannevar Bush communication to the public. the Committee. Award Committee annually solicits Narratives are now restricted to two 2. Encouraged others to help raise the nominations from selected scientific public understanding of science and pages of text, as stipulated in the engineering and educational societies. guidelines at http:// technology. Candidates must be a senior stateperson 3. Promoted the engagement of www.fastlane.nsf.gov/honawards/nms. who is an American citizen and meets • Alan T. Waterman Award. Congress scientists and engineers in public two or more of the following criteria: outreach and scientific literacy. established the Alan T. Waterman 1. Distinguished himself/herself 4. Contributed to the development of Award in August 1975 (42 U.S.C. 1881a through public service activities in broad science and engineering policy (Pub. L. 94–86) and authorized NSF to science and technology. ‘‘establish the Alan T. Waterman Award 2. Pioneered the exploration, charting, and its support. for research or advanced study in any of and settlement of new frontiers in 5. Influenced and encouraged the next the sciences or engineering’’ to mark the science, technology, education, and generation of scientist and engineers. 25th anniversary of the National Science public service. 6. Achieved broad recognition outside Foundation and to honor its first 3. Demonstrated leadership and the nominee’s area of specialization. Director. The annual award recognizes creativity that have inspired others to 7. Fostered awareness of science and an outstanding young researcher in any distinguished careers in science and technology among broad segments of the field of science or engineering technology. population. supported by NSF. In addition to a 4. Contributed to the welfare of the Nominations must include a summary medal, the awardee receives a grant of Nation and mankind through activities of the candidate’s activities as they $500,000 over a three-year period for in science and technology. relate to the selection criteria; the scientific research or advanced study in 5. Demonstrated leadership and nominator’s name, address and the mathematical, physical, medical, creativity that have helped mold the telephone number; the name, address, biological, engineering, social, or other history of advancements in the Nation’s and telephone number of the nominee; sciences at the institution of the science, technology, and education. and the candidate’s vita, if appropriate recipient’s choice. Nominations must include a narrative (no more than three pages). The Alan T. Waterman Award description about the nominee, a The selection committee recommends Committee was established by NSF to curriculum vitae (without publications), the most outstanding candidate(s) for comply with the directive contained in and a brief citation summarizing the each category to the NSB, which Public Law 94–86. The Committee nominee’s scientific or technological approves the awardees. solicits nominations from members of contributions to our national welfare in Nominations remain active for a the National Academy of Sciences, promotion of the progress of science. period of three years, including the year National Academy of Engineering, Nominations must also include two of nomination. After that time, scientific and technical organizations, reference letters, submitted separate candidates must be renominated with a and any other source, public or private, from the nomination through http:// new nomination for them to be as appropriate. www.fastlane.nsf.gov/honawards/. considered by the selection committee. In 1976, the Committee initiated a Nominations remain active for three • Presidential Awards for Excellence form letter to solicit these nominations. years, including the year of nomination. in Science, Mathematics and In 1980, a nomination form was used After that time, candidates must be Engineering Mentoring (PAESMEM) which standardized the nomination renominated with a new nomination for program.

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In 1996, the White House, through the Alan T. Waterman Award (20 hours per USA, Inc. submitted an application to National Science and Technology 60 respondents); 180 hours for the the NRC for a new source and byproduct Council (NSTC) and the Office of Vannevar Bush Award (15 hours per 12 material license for the Lost Creek ISR Science and Technology Policy (OSTP), respondents); 300 hours for the Public Project, which LCI proposed to be established the Presidential Awards for Service Award (15 hours per 20 located in the Great Divide Basin in Excellence in Science, Mathematics and respondents); and 1,200 hours for the Sweetwater County, Wyoming. LCI is Engineering Mentoring (PAESMEM) PAESMEM (20 hours per 60 proposing to recover uranium from the program. The program, administered on respondents). Lost Creek ISR Project site using the in- behalf of the White House by the Frequency of Responses: Annually. situ leach (also known as the in-situ National Science Foundation, seeks to Comments: Comments are invited on recovery [ISR]) process. In this final identify outstanding mentoring efforts (a) Whether the proposed collection of SEIS, the NRC staff assessed the or programs designed to enhance the information is necessary for the proper environmental impacts from the participation of groups (women, performance of the functions of the construction, operation, aquifer minorities and persons with disabilities) Agency, including whether the restoration, and decommissioning of the underrepresented in science, information shall have practical utility; proposed Lost Creek ISR Project. mathematics and engineering. The (b) the accuracy of the Agency’s In addition to the proposed action, the awardees will serve as exemplars to estimate of the burden of the proposed NRC staff assessed two alternatives in their colleagues and will be leaders in collection of information; (c) ways to the final SEIS: An alternative that would the national effort to more fully develop enhance the quality, utility, and clarity result in dry yellowcake production at the Nation’s human resources in of the information on respondents, the proposed Lost Creek ISR Project and science, mathematics and engineering. including through the use of automated the No-Action Alternative. In addition, An honorarium in the amount of collection techniques or other forms of the NRC staff evaluated alternative $10,000 will accompany the award information technology; or (d) ways to wastewater disposal options to the along with a commemorative minimize the burden of the collection of proposed action of disposing of liquid Presidential certificate. The award will information on those who are to effluent via Class I disposal wells. be made to: (1) An individual who has respond, including through the use of Under the No-Action alternative, NRC demonstrated outstanding and sustained appropriate automated, electronic, would deny LCI’s request to construct, mentoring and effective guidance to a mechanical, or other technological operate, conduct aquifer restoration, and significant number of students at the collection techniques or other forms of decommission an ISR facility at Lost K–12, undergraduate, or graduate information technology. Creek. Alternatives that were education level or (2) to an organization considered, but were eliminated from that, through its programming, has Dated: June 20, 2011. detailed analysis, included conventional enabled a substantial number of Suzanne H. Plimpton, mining and milling or heap leach students underrepresented in science, Reports Clearance Officer, National Science processing. However, given the mathematics and engineering to Foundation. substantial environmental impact from successfully pursue and complete the [FR Doc. 2011–15785 Filed 6–23–11; 8:45 am] implementing these alternatives, they relevant degree programs. It is BILLING CODE 7555–01–P were not further considered. The NRC anticipated that each award will be used staff also evaluated alternate lixiviants. to continue the recognized activity. The For reasons discussed in the SEIS, this nominees must have served in such a NUCLEAR REGULATORY alternative was also eliminated from mentoring role for at least five years. COMMISSION detailed analysis. Estimate of Burden: These are annual As discussed in Section 2.4 of the award programs with application [NRC–2008–0391] final SEIS, unless safety issues mandate deadlines varying according to the Notice of Availability of Final otherwise, the NRC staff’s program. Public burden also may vary Supplemental Environmental Impact recommendation to the Commission according to program; however, across Statement for the Lost Creek In-Situ related to the environmental aspects of all the programs, it is estimated that Recovery (ISR) Project in Sweetwater the proposed action is that the source each submission will average 19 hours County, WY; Supplement to the and byproduct material license be per respondent. If the nominator is Generic Environmental Impact issued as requested. This thoroughly familiar with the scientific Statement for In-Situ Leach Uranium recommendation is based upon: (1) The background of the nominee, time spent Milling Facilities license application, including the to complete the nomination may be environmental and technical report considerably reduced. AGENCY: Nuclear Regulatory submitted by LCI and the applicant’s Respondents: Individuals, businesses Commission. supplemental letters and responses to or other for-profit organizations, ACTION: Notice of availability. the NRC staff’s requests for additional universities, non-profit institutions, and information; (2) consultation with Federal and State governments. SUMMARY: Notice is hereby given that Federal, State, Tribal, and local Estimated Number of Responses per the U.S. Nuclear Regulatory agencies; (3) the NRC staff’s Award: 207 responses, broken down as Commission (NRC) is issuing a final independent review; (4) the NRC staff’s follows: For the President’s National Supplemental Environmental Impact consideration of comments received on Medal of Science, 55; for the Alan T. Statement (SEIS) to the Generic the draft SEIS; and (5) the assessments Waterman Award, 60; for the Vannevar Environmental Impact Statement for In- summarized in this SEIS. Bush Award, 12; for the Public Service Situ Leach Uranium Milling Facilities The final SEIS for the Lost Creek ISR Award, 20; and for the PAESMEM, 60. (GEIS), (NUREG–1910, Supplement 3) Project may be accessed on the Internet Estimated Total Annual Burden on for the Lost Creek In-Situ Recovery at http://www.nrc.gov/reading-rm/doc- Respondents: 3,980 hours, broken down Project in Sweetwater County, collections/nuregs/staff/sr1910/s3/. by 1,100 hours for the President’s Wyoming. By letter dated October 30, Additionally, the NRC maintains an National Medal of Science (20 hours per 2007, Lost Creek ISR, LLC (LCI), a Agencywide Documents and 55 respondents); 1,200 hours for the wholly-owned subsidiary of UR-Energy Management System (ADAMS), which

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provides text and image files of the For the Nuclear Regulatory Commission. By the Commission. NRC’s public documents. The SEIS may Andrew Persinko, Shoshana M. Grove, also be accessed online at NRC’s Library Deputy Director, Environmental Protection Secretary. at: http://www.nrc.gov/reading-rm/ and Performance Assessment Directorate, [FR Doc. 2011–15980 Filed 6–22–11; 11:15 am] Division of Waste Management and adams.html. The final ‘‘Environmental BILLING CODE 7710–FW–P Impact Statement for the Lost Creek ISR Environmental Protection, Office of Federal and State Materials and Environmental Project in Sweetwater County, Management Programs. Wyoming—Supplement to the Generic [FR Doc. 2011–15828 Filed 6–23–11; 8:45 am] SECURITIES AND EXCHANGE Environmental Impact Statement for In- BILLING CODE 7590–01–P COMMISSION Situ Leach Uranium Milling Facilities’’ is available electronically under Submission for OMB Review; ADAMS Accession Number Comment Request ML11125A006. If you do not have POSTAL REGULATORY COMMISSION Upon Written Request, Copies Available access to ADAMS or if there is a Sunshine Act Meetings From: U.S. Securities and Exchange problem accessing documents located in Commission, Office of Investor ADAMS, contact the NRC Public Education and Advocacy, Document Room (PDR) reference staff at TIME AND DATE: Wednesday, July 13, 2011, at 11 a.m. Washington, DC 20549–0213. 1–800–397–4209, 301–415–4737, or by Extension: e-mail [email protected]. PLACE: Commission hearing room, 901 Rule 19b–4 and Form 19b–4; OMB Information and documents associated New York Avenue, NW., Suite 200, Control No. 3235–0045; SEC File with the final SEIS are also available for Washington, DC 20268–0001. No. 270–38. inspection at the NRC’s PDR, NRC’s STATUS: Part of this meeting will be Notice is hereby given that pursuant Headquarters Building, Room O1–F21, open to the public. The rest of the to the Paperwork Reduction Act of 1995 11555 Rockville Pike (first floor), meeting will be closed to the public. (44 U.S.C. 3501 et seq.), the Securities Rockville, Maryland 20852–2783. For The open part of the meeting will be and Exchange Commission those without access to the Internet, audiocast. The audiocast can be (‘‘Commission’’) has submitted to the paper copies of any electronic accessed via the Commission’s Web site Office of Management and Budget documents may be obtained for a fee by at http://www.prc.gov. (‘‘OMB’’) a request for approval of contacting the NRC’s PDR at 1–800– MATTERS TO BE CONSIDERED: The agenda extension of the previously approved 397–4209. The final SEIS and related for the Commission’s July 2011 meeting collection of information provided for in documents may also be found at the includes the items identified below. Rule 19b–4 (17 CFR 240.19b–4) under following public libraries: the Securities Exchange Act of 1934 (15 Portions Open to the Public U.S.C. 78a et seq.). Sweetwater County Library, 300 North 1. Report on the Joint Periodicals Task Section 19(b) of the Securities 1st Street East, Green River, Wyoming Force and the report to the Congress Exchange Act of 1934 (‘‘Act’’) (15 U.S.C. 82935, 307–875–8615. pursuant to section 708 of the Postal 78s(b)) requires each self-regulatory Rock Springs Branch Library, 400 C Accountability and Enhancement Act organization (‘‘SRO’’) to file with the Street, Rock Springs, Wyoming 82901, (PAEA). Commission copies of any proposed 307–352–6667. 2. Report on legislative review rule, or any proposed change in, pursuant to section 701 of the PAEA. addition to, or deletion from the rules of FOR FURTHER INFORMATION CONTACT: 3. Report on status of pending such SRO. Rule 19b–4 (17 CFR 240.19b– Mr. Alan Bjornsen, Project Manager, dockets. 4) implements the requirements of Environmental Review Branch-B, 4. Review of postal-related Section 19(b) by requiring the SROs to Division of Waste Management and Congressional activity. file their proposed rule changes on Environmental Protection (DWMEP), 5. Report on international activities. Form 19b–4 and by clarifying which Office of Federal and State Materials actions taken by SROs are deemed and Environmental Management 6. Report on studies to quantify the social value of the postal system. proposed rule changes and so must be Programs (FSME), Mail Stop T–8F5, filed pursuant to Section 19(b). U.S. Nuclear Regulatory Commission, Portions Closed to the Public The collection of information is Washington, DC 20555–0001. 7. Discussion of pending litigation. designed to provide the Commission Telephone: 1 (800) 368–5642, extension 8. Discussion of contractual matters with the information necessary to 1195; E-mail: [email protected]. involving sensitive business determine, as required by the Act, For general or technical information information—lease issues. whether the proposed rule change is associated with the safety and licensing consistent with the Act and the rules CONTACT PERSON FOR MORE INFORMATION: of uranium milling facilities, please thereunder. The information is used to Stephen L. Sharfman, General Counsel, contact Stephen Cohen, Team Lead, determine if the proposed rule change Postal Regulatory Commission, 901 New Uranium Recovery Licensing Branch, should be approved or if proceedings York Avenue, NW., Suite 200, DWMEP, FSME, Mail Stop T–8F5, U.S. should be instituted to determine Washington, DC 20268–0001, at 202– whether the proposed rule change Nuclear Regulatory Commission, 789–6820 (for agenda-related inquiries) Washington, DC 20555–0001. should be disapproved. and Shoshana M. Grove, Secretary of the The respondents to the collection of Telephone: 1 (800) 368–5642, extension Commission, at 202–789–6800 or 7182; E-mail: [email protected]. information are self-regulatory [email protected] (for inquiries organizations (as defined by the Act), Dated at Rockville, Maryland, this 17th day related to meeting location, access for including national securities exchanges, of June 2011. handicapped or disabled persons, the national securities associations, audiocast, or similar matters). registered clearing agencies and the Dated: May 20, 2011. Municipal Securities Rulemaking Board.

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Twenty-five respondents file an SECURITIES AND EXCHANGE ‘‘market professional’’ 5 with a non- average total of 1,405 responses per COMMISSION proprietary securities account year. Each response takes approximately containing positions of the same market [Release No. 34–64712; File No. SR–OCC– 38.057 hours to complete. The total 2011–03] professional. At OCC, the securities and annual reporting burden for filing futures positions of all market proposed rule changes is 53,470 hours. Self-Regulatory Organizations; The professionals with cross-margined The respondents are required to post all Options Clearing Corporation; Order accounts at the clearing member are proposed rule changes to their Web Approving Proposed Rule Change To combined in a single Internal Non- sites, each of which takes approximately Allow for an Expansion of OCC’s Proprietary Cross-Margining Account of four hours to complete. For 1,405 Internal Cross-Margining Program To the clearing member at OCC. The proposed rule changes, the total annual Include the Ability of a Pair of Affiliated existing program, which has operated reporting burden for posting them to Clearing Members To Establish an successfully since 2004, requires that respondents’ Web sites is 5,620 hours. Internal Non-Proprietary Cross- the same clearing member clear the The respondents are required to update Margining Account securities and futures positions. In the postings of those proposed rule contrast, the existing cross-margining changes which become effective (on June 21, 2011. programs between OCC and other DCOs, average, 1,071 per year), each of which I. Introduction such as the clearing division of the Chicago Mercantile Exchange (‘‘CME’’) takes approximately four hours to On March 17, 2011, The Options complete. The total annual reporting and ICE Clear U.S., permit cross- Clearing Corporation (‘‘OCC’’) filed with margining where the member of the burden for updating proposed rule the Securities and Exchange change postings on the respondents’ futures clearing organization is a Commission (‘‘Commission’’) the different entity from its affiliate that is Web sites is 4,284 hours. Thus, the total proposed rule change SR–OCC–2011–03 estimated annual response burden an OCC clearing member. The purpose pursuant to Section 19(b)(1) of the of this proposed rule change is to pursuant to Rule 19b–4 and Form Securities Exchange Act of 1934 expand the existing internal cross- 19b–4 is the sum of the total annual 1 (‘‘Act’’). The proposed rule change was margining program in an analogous way reporting burdens for filing proposed published for comment in the Federal so that it would permit an Internal Non- rule changes, posting them to the 2 Register on April 7, 2011. The Proprietary Cross-Margining Account to respondents’ Web sites, and updating Commission received three comment be maintained at OCC jointly by a pair the postings of those that become letters on the proposal, including OCC’s of affiliated clearing members that clear effective on the respondents, which is letter responding to one of the transactions in securities options and in 3 63,374 hours. commenters. This order approves the futures products through two different Compliance with Rule 19b–4 is proposal. entities. In order to participate, both mandatory. Information received in II. Description of the Proposal OCC clearing members would have to be response to Rule 19b–4 shall not be kept affiliates of one another and would have The purpose of this rule change is to confidential; the information collected to be registered as both a futures expand OCC’s internal cross-margining is public information. An agency may commission merchant under the CEA program to permit a pair of affiliated not conduct or sponsor, and a person is and as a broker-dealer under the Act. not required to respond to, a collection clearing members to establish a cross- OCC’s current internal cross- margining account (‘‘Internal Non- of information unless it displays a margining program does not provide for Proprietary Cross-Margining Account’’) currently valid control number. internal cross-margining accounts to be in which securities and security futures The public may view the background carried jointly by a pair of affiliated that are cleared by OCC in its capacity clearing members because OCC did not documentation for this information as a securities clearing agency may be collection at the following Web site, believe in 2004 that there was any cross-margined with commodity futures clearing member demand for such a http://www.reginfo.gov. Comments and options on such futures that are should be directed to (i) Desk Officer for service. Recently, however, OCC has cleared by OCC in its capacity as a learned that there is demand for such a the Securities and Exchange derivatives clearing organization Commission, Office of Information and service. Under OCC’s current proposal, (‘‘DCO’’) registered with the Commodity two affiliated clearing members will Regulatory Affairs, Office of Futures Trading Commission (‘‘CFTC’’) Management and Budget, Room 10102, jointly maintain an Internal Non- under the Commodity Exchange Act Proprietary Cross-Margining Account. New Executive Office Building, (‘‘CEA’’). The clearing member that normally Washington, DC 20503, or by sending an In 2004, the CFTC and the clears transactions in securities options e-mail to: Commission 4 approved OCC’s proposal would submit transactions in eligible [email protected]; and (ii) to create an ‘‘internal cross-margining’’ securities options to the account for Thomas Bayer, Director/Chief program under which an OCC clearing clearance, and the clearing member that Information Officer, Securities and member could elect to cross-margin a normally clears transactions in futures Exchange Commission, c/o Remi Pavlik- non-proprietary futures account of a Simon, 6432 General Green Way, 5 As set forth in OCC’s By-Laws, a market 1 Alexandria, VA 22312 or send an e-mail 15 U.S.C. 78s(b)(1). professional could be a market-maker, specialist or to: [email protected]. Comments 2 Securities Exchange Act Release No. 34–63811 person acting in a similar capacity on a securities (February 1, 2011), 76 FR 6648 (February 7, 2011). exchange, or a member of a futures exchange must be submitted to OMB within 30 3 days of this notice. Letter from Gene Thomas (Retired), (April 24, trading for its own account. A non-proprietary 2011); letter from Andrew S. Margolin, Associate market professional is any market professional that June 21, 2011. General Counsel, Bank of America Corporation, to is required to be treated as a ‘‘customer’’ under the Elizabeth M. Murphy, Secretary, Commission (April CEA, and therefore excludes any market Cathy H. Ahn, 21, 2010); and letter from Stephen M. Szamarck, professional that is affiliated with the carrying Deputy Secretary. V.P. Associate General Counsel, OCC, to Elizabeth clearing member in a way that would cause its M. Murphy, Secretary, Commission (May 23, 2011). account to be treated as a ‘‘proprietary account’’ [FR Doc. 2011–15806 Filed 6–23–11; 8:45 am] 4 Securities Exchange Act Release No. 34–50509 under Section 1.3(y) of the CFTC’s regulations. OCC BILLING CODE 8011–01–P (October 8, 2004), 69 FR 61289 (October 15, 2004). By-Laws, Article I, Definitions.

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products would submit transactions in clearing members, OCC has requested cross-margining program in 1988,14 the eligible futures products to the account that the CFTC either issue a new or Commission has found that cross- for clearance. amended order under Section 4d of the margining programs are consistent with OCC is amending its current By-Laws CEA.7 clearing agency responsibilities under and Rules governing internal cross- Section 17A of the Act 15 and highly III. Comment Letters margining to create rules similar to the beneficial to the clearing organization, rules of the long-standing cross- The Commission received one its clearing members, and the public. margining program between OCC and comment letter opposing the proposed The Commission has found that cross- CME, for example, for affiliated clearing rule change 8 and one comment letter in margining programs enhance clearing members. In the case of the cross- favor of the proposed rule change.9 OCC member and systemic liquidity both in margining programs between OCC and responded to the letter in opposition to times of normal market conditions and other DCOs, there are two accounts at the proposal.10 The commenter in times of stress. They result in lower the clearing level—one at each of the opposing OCC’s proposal stated that initial margin deposits, which can participating clearing organizations. In there was ‘‘no universal advantage to reduce the risk that a clearing member the internal cross-margining program, commingled monies or other valued will become insolvent in a distressed there is no need for two separate properties’’ and that he ‘‘visualize[d] the market and the risk of a ripple effect of accounts, which would in any event be possibility of from [sic] frequent multiple insolvencies caused by the margined together and for which the disagreements between the Dual demise of a major market participant.16 affiliated clearing members would in Registrants and OCC.’’ In its response, V. Conclusion any event be jointly and severally liable OCC disagreed and stated that cross- as they are for the two accounts in the margining programs ‘‘are consistent On the basis of the foregoing, the case of the OCC–CME program. with clearing agency responsibilities Commission finds that the proposal is Article VI, Section 25(b) of OCC’s By- under Section 17A of the Securities Laws currently requires clearing consistent with the requirements of the Exchange Act of 1934 and are highly members to obtain a ‘‘Market Act and in particular with the beneficial to the clearing organizations, Professional’s Agreement for Internal requirements of Section 17A of the its clearing members and the public.’’11 17 Cross-Margining’’ from each market Act and the rules and regulations professional whose positions are OCC also stated in its response that the thereunder. included in an Internal Non-Proprietary internal cross-margining program is It Is Therefore Ordered, pursuant to Cross-Margining Account. OCC will use limited to OCC clearing members and Section 19(b)(2) of the Act,18 that the a modified form of this agreement for that participation in the program is proposed rule change (File No. SR– the account held jointly by a pair of completely voluntary. OCC response OCC–2011–03) be, and hereby is, affiliated clearing members.6 OCC does also indicated that it was not aware of approved.19 not intend to require current any disagreements between dual registrants and OCC over the many years For the Commission by the Division of participants in the internal cross- Trading and Markets, pursuant to delegated margining program to obtain reexecuted that the various cross-margining authority.20 agreements have been in operation. agreements in updated form because the Cathy H. Ahn, modifications are clarifications only and The commenter in support of OCC’s Deputy Secretary. proposed rule change stated he not substantive changes. [FR Doc. 2011–15850 Filed 6–23–11; 8:45 am] As in the case of the existing internal supported the proposal because it cross-margining program, the Internal ‘‘would harmonize the manner in which BILLING CODE 8011–01–P Non-Proprietary Cross-Margining OCC conducts its internal cross- Account would be treated as a margining program with the manner in SECURITIES AND EXCHANGE segregated futures account under which existing cross-margining COMMISSION Section 4d of the CEA and, in programs between OCC and other accordance with Appendix B to Part 190 derivatives clearing organizations (e.g., of the CFTC’s regulations, would be the Chicago Mercantile Exchange) are [Release No. 34–64705; File No. SR–Phlx– 2011–83] separately segregated from the regular conducted.’’ 12 segregated futures account that an OCC IV. Discussion Self-Regulatory Organizations; Notice clearing member may maintain under of Filing and Immediate Effectiveness Article VI, Section 3(f) of OCC’s By- Section 17A(b)(3)(F) of the Act 13 of Proposed Rule Change by NASDAQ Laws. In order to expand the internal requires, among other things, that the OMX PHLX LLC Relating to a Remote cross-margining program to include rules of a clearing agency be designed to Specialist Fee accounts carried by pairs of affiliated remove impediments to and perfect the mechanism of a national system for the June 20, 2011. 6 The proposed form of the agreement, titled prompt and accurate clearance and Pursuant to Section 19(b)(1) of the ‘‘Market Professional’s Agreement for Internal settlement of securities transactions. Cross-Margining (Affiliated Clearing Members)’’ is Securities Exchange Act of 1934 attached as Exhibit 5A to the proposed rule change Since it granted approval of the first filing. The existing ‘‘Market Professional’s 14 Securities Exchange Act Release No. 34–26153 Agreement for Internal Cross-Margining’’ applicable 7 OCC will not implement the internal cross- (October 3, 1988), 53 FR 39567 (October 7, 1988). to the internal cross-margining program for single margining program for affiliated clearing members 15 15 U.S.C. 78q–1. clearing members has been renamed ‘‘Market until after such time that the CFTC has issued an 16 Securities Exchange Act Release No. 34–32708 Professional’s Agreement for Internal Cross- order or amended order under Section 4d of the (August 2, 1993), 58 FR 42586 (August 10, 1993). Margining (Single Clearing Member)’’ and is CEA as discussed above. 17 15 U.S.C. 78q–1. attached as Exhibit 5B to the proposed rule change 8 Letter from Gene Thomas, supra note 3. filing. In addition to modifying the title to the form 18 15 U.S.C. 78s(b)(2). 9 Letter from Andrew Margolin, supra note 3. of the agreement applicable to single clearing 19 In approving the proposed rule change, the 10 members, a sentence has been added at the end of Letter from OCC, supra note 3. Commission considered the proposal’s impact on paragraph seven of that agreement to conform it to 11 Id at 1. efficiency, competition and capital formation. 15 the corresponding provision in the form of the 12 See BofA Letter at 2. U.S.C. 78c(f). agreement for affiliated clearing members. 13 15 U.S.C. 78q–1(b)(3)(F). 20 17 CFR 200.30–3(a)(12).

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(‘‘Act’’) 1, and Rule 19b–4 thereunder,2 conjunction with recent amendments, or post on the Exchange’s trading floor notice is hereby given that on June 13, the Exchange will staff and administer to facilitate interaction amongst market 2011, NASDAQ OMX PHLX LLC a physical location or post on the participants located on the Exchange’s (‘‘Phlx’’ or ‘‘Exchange’’) filed with the trading floor to provide on-floor market physical trading floor. The Exchange Securities and Exchange Commission participants with a physical location to also believes the proposal is reasonable (‘‘SEC’’ or ‘‘Commission’’) the proposed trade in options classes allocated to a because the Exchange proposes to cap rule change as described in Items I, II, Remote Specialist. This physical the Remote Specialist Fee at $4,500 per and III below, which Items have been location on the Exchange’s trading floor month, which is equal to the maximum prepared by the Exchange. The will require Exchange operations and fees the Exchange assesses on-floor Commission is publishing this notice to regulatory staff to be present at this post. Specialists for the Specialist Post Fee. solicit comments on the proposed rule As such, the Exchange would incur The Exchange believes that the change from interested persons. additional operational and regulatory proposed Remote Specialist Fee is costs to maintain this post and seeks to equitable because it would be uniformly I. Self-Regulatory Organization’s defray such costs by assessing a Remote applied to all Remote Specialists. Statement of the Terms of Substance of Specialist Fee. the Proposed Rule Change B. Self-Regulatory Organization’s The Exchange is proposing to assess Statement on Burden on Competition The Exchange proposes to adopt a Remote Specialists a monthly fee of $50 new fee entitled ‘‘Remote Specialist per option allocation.4 The Exchange The Exchange does not believe that Fee.’’ would cap the fee at $4,500 per month. the proposed rule change will impose While fee changes pursuant to this The Exchange notes that the $4,500 any burden on competition not proposal are effective upon filing, the proposed cap is equivalent to the necessary or appropriate in furtherance Exchange has designated these changes Specialist Post Fee 5 which is currently of the purposes of the Act. to be operative on July 2, 2011. The text assessed on on-floor Specialists.6 of the proposed rule change is available C. Self-Regulatory Organization’s While fee changes pursuant to this Statement on Comments on the on the Exchange’s Web site at http:// proposal are effective upon filing, the nasdaqtrader.com/ Proposed Rule Change Received From Exchange has designated these changes Members, Participants, or Others micro.aspx?id=PHLXfilings, at the to be operative on July 2, 2011. principal office of the Exchange, and at No written comments were either the Commission’s Public Reference 2. Statutory Basis solicited or received. Room. The Exchange believes that its III. Date of Effectiveness of the proposal to amend its Fee Schedule is II. Self-Regulatory Organization’s 7 Proposed Rule Change and Timing for Statement of the Purpose of, and consistent with Section 6(b) of the Act Commission Action Statutory Basis for, the Proposed Rule in general, and furthers the objectives of 8 The foregoing rule change has become Change Section 6(b)(4) of the Act in particular, in that it is an equitable allocation of effective pursuant to Section In its filing with the Commission, the reasonable fees and other charges among 19(b)(3)(A)(ii) of the Act.9 At any time Exchange included statements Exchange members. within 60 days of the filing of the concerning the purpose of and basis for The Exchange believes that this proposed rule change, the Commission the proposed rule change and discussed Remote Specialist Fee is reasonable summarily may temporarily suspend any comments it received on the because it seeks to recoup costs that are such rule change if it appears to the proposed rule change. The text of these incurred by the Exchange for Commission that such action is statements may be examined at the maintaining a defined physical location necessary or appropriate in the public places specified in Item IV below. The interest, for the protection of investors, Exchange has prepared summaries, set Phlx–2011–79). A Remote Specialist is an options or otherwise in furtherance of the forth in sections A, B, and C below, of specialist in one or more classes that may not have purposes of the Act. If the Commission the most significant aspects of such a physical presence on an Exchange floor and is takes such action, the Commission shall statements. approved by the Exchange pursuant to Rule 501. institute proceedings to determine 4 Pursuant to Rule 507, Application for Approval A. Self-Regulatory Organization’s as an SQT or RSQT and Assignment in Options, a whether the proposed rule should be Statement of the Purpose of, and Remote Specialist must meet certain requirements approved or disapproved. to be approved as an RSQT. Rule 507(b)(i) describes Statutory Basis for, the Proposed Rule the process for the assignment of options. See IV. Solicitation of Comments Change Exchange Rule 507. An RSQT is defined in Exchange Rule 1014(b)(ii)(B) as an ROT that is a Interested persons are invited to 1. Purpose member or member organization with no physical submit written data, views, and The purpose of the proposed rule trading floor presence who has received permission arguments concerning the foregoing, from the Exchange to generate and submit option including whether the proposed rule change is to recoup costs associated quotations electronically in options to which such with maintaining a remote specialist RSQT has been assigned. An RSQT may only change is consistent with the Act. post on the Exchange’s trading floor. submit such quotations electronically from off the Comments may be submitted by any of The Exchange recently amended Rule floor of the Exchange. the following methods: 5 The Exchange assesses a Specialist Post fee of 501, Specialist Appointment, and Rule $1,125 per month for a quarter post and $4,500 per Electronic Comments 1020, Registration and Functions of month for a full post with a maximum of $4,500 per • Use the Commission’s Internet Options Specialists, to allow qualified month. See Exchange’s Fee Schedule. The Exchange members to act as off-floor Specialist posts are designed to facilitate Specialist comment form (http://www.sec.gov/ specialists in one or more options interaction with the trading crowd. See Securities rules/sro.shtml); or Exchange Act Release No. 59852 (April 30, 2009), • Send an e-mail to rule- classes (‘‘Remote Specialist’’).3 In 74 FR 21424 (May 7, 2009) (SR–Phlx–2009–39). [email protected]. Please include File 6 Specialists are members who are registered as 1 15 U.S.C. 78s(b)(1). options specialists pursuant to Rule 1020(a). See Number SR–Phlx–2011–83 on the 2 17 CFR 240.19b–4. Exchange Rule 1020. subject line. 3 See Securities Exchange Act Release No. 64591 7 15 U.S.C. 78f(b). (June 8, 2011), 76 FR 33383 (June 2, 2011) (SR– 8 15 U.S.C. 78f(b)(4). 9 15 U.S.C. 78s(b)(3)(A)(ii).

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Paper Comments SECURITIES AND EXCHANGE On January 1, 2003, MBSCC was merged into GSCC, and GSCC was • COMMISSION Send paper comments in triplicate renamed FICC.10 The Commission [Release No. 34–64707; File No. 600–23] to Elizabeth M. Murphy, Secretary, subsequently extended FICC’s Securities and Exchange Commission, Self-Regulatory Organizations; Fixed temporary registration through June 30, 11 100 F Street, NE., Washington, DC Income Clearing Corporation; Notice of 2011. 20549–1090. Filing and Order Approving an On April 11, 2011, FICC requested that the Commission extend FICC’s All submissions should refer to File Extension of Temporary Registration as a Clearing Agency temporary registration until such time Number SR–Phlx–2011–83. This file as the Commission is prepared to grant number should be included on the June 20, 2011. FICC permanent registration.12 subject line if e-mail is used. To help the The Securities and Exchange On March 12, 2008, FICC filed a Commission process and review your Commission (‘‘Commission’’) is proposed rule change pursuant to comments more efficiently, please use publishing this notice and order to Section 19(b)(1) of the Act and Rule only one method. The Commission will solicit comments from interested 19b–4 thereunder to introduce central post all comments on the Commission’s persons and to extend the Fixed Income counterparty (‘‘CCP’’) and guarantee Internet Web site (http://www.sec.gov/ Clearing Corporation’s (‘‘FICC’’) settlement services to its MBS rules/sro.shtml). Copies of the temporary registration as a clearing Division.13 Currently, FICC acts as the submission, all subsequent agency through June 30, 2013.1 CCP and provides guarantee settlement amendments, all written statements On February 2, 1987, pursuant to services for its Government Securities with respect to the proposed rule Sections 17A(b) and 19(a) of the Division members’ eligible U.S. change that are filed with the Securities Exchange Act of 1934 Government securities transactions but Commission, and all written (‘‘Act’’) 2 and Rule 17Ab2–1 does not act as the CCP or provide 3 communications relating to the promulgated thereunder, the guarantee settlement services for its proposed rule change between the Commission granted the MBS Clearing MBS Division members’ eligible mortgage-backed securities transactions. Commission and any person, other than Corporation (‘‘MBSCC’’) registration as a clearing agency on a temporary basis for Pursuant to this Notice and Order, the those that may be withheld from the a period of eighteen months.4 The Commission is extending FICC’s public in accordance with the Commission subsequently extended temporary registration as a clearing provisions of 5 U.S.C. 552, will be MBSCC’s registration through June 30, agency in order that FICC may continue available for Web site viewing and 2003.5 to operate as a registered clearing printing in the Commission’s Public On May 24, 1988, pursuant to agency and may continue to provide Reference Room, 100 F Street, NE., Sections 17A(b) and 19(a) of the Act6 uninterrupted clearing and settlement Washington, DC 20549, on official and Rule 17Ab2–1 promulgated services to its users. The Commission business days between the hours of 10 thereunder,7 the Commission granted will consider permanent registration of a.m. and 3 p.m. Copies of the filing also the Government Securities Clearing FICC at a future date after the will be available for inspection and Corporation (‘‘GSCC’’) registration as a Commission has acted upon FICC’s copying at the principal office of the clearing agency on a temporary basis for proposed rule change to introduce CCP Exchange. All comments received will a period of three years.8 The and guarantee settlement services to its be posted without change; the Commission subsequently extended MBS Division. Commission does not edit personal GSCC’s registration through June 30, Interested persons are invited to identifying information from 2003.9 submit written data, views, and submissions. You should submit only arguments concerning the foregoing. 1 Comments may be submitted by any of information that you wish to make FICC is the successor to MBS Clearing Corporation and Government Securities Clearing the following methods: available publicly. All submissions Corporation. 2 should refer to File Number SR–Phlx– 15 U.S.C. 78q–1(b) and 78s(a). 1997), 62 FR 30911; 39696 (February 24, 1998), 63 2011–83 and should be submitted on or 3 17 CFR 240.17Ab2–1. FR 10253; 41104 (February 24, 1999), 64 FR 10510; before July 15, 2011. 4 Securities Exchange Act Release No. 24046 41805 (August 27, 1999), 64 FR 48682; 42335 (February 2, 1987), 52 FR 4218. (January 12, 2000), 65 FR 3509; 43089 (July 28, For the Commission, by the Division of 5 Securities Exchange Act Release Nos. 25957 2000), 65 FR 48032; 43900 (January 29, 2001), 66 Trading and Markets, pursuant to delegated (August 2, 1988), 53 FR 29537; 27079 (July 31, FR 8988; 44553 (July 13, 2001), 66 FR 37714; 45164 authority.10 1989), 54 FR 34212; 28492 (September 28, 1990), 55 (December 18, 2001), 66 FR 66957; 46135 (June 27, FR 41148; 29751 (September 27, 1991), 56 FR 2002), 67 FR 44655. Cathy H. Ahn, 50602; 31750 (January 21, 1993), 58 FR 6424; 33348 10 Securities Exchange Act Release No. 47015 Deputy Secretary. (December 15, 1993), 58 FR 68183; 35132 (December 17, 2002), 67 FR 78531 (December 24, (December 21, 1994), 59 FR 67743; 37372 (June 26, 2002) [File Nos. SR–GSCC–2002–07 and SR– [FR Doc. 2011–15776 Filed 6–23–11; 8:45 am] 1996), 61 FR 35281; 38784 (June 27, 1997), 62 FR MBSCC–2002–01]. BILLING CODE 8011–01–P 36587; 39776 (March 20, 1998), 63 FR 14740; 41211 11 Securities Exchange Act Release Nos. 48116 (March 24, 1999), 64 FR 15854; 42568 (March 23, (July 1, 2003), 68 FR 41031; 49940 (June 29, 2004), 2000), 65 FR 16980; 44089 (March 21, 2001), 66 FR 69 FR 40695; 51911 (June 23, 2005), 70 FR 37878; 16961; 44831 (September 21, 2001), 66 FR 49728; 54056 (June 28, 2006), 71 FR 38193; 55920 (June 18, 45607 (March 20, 2002), 67 FR 14755; 46136 (June 2007), 72 FR 35270; 57949 (June 11, 2008), 73 FR 27, 2002), 67 FR 44655. 34808; 60189 (June 29, 2009), 74 FR 32198; and 6 Supra note 2. 62348 (June 22, 2010), 75 FR 36723. 7 Supra note 3. 12 Letter from Nikki Poulos, Managing Director 8 Securities Exchange Act Release No. 25740 (May and General Counsel, FICC (April 11, 2011). 24, 1988), 53 FR 19839. 13 The filed proposed rule change can be viewed 9 Securities Exchange Act Release Nos. 25740 at http://www.dtcc.com/downloads/legal/ (May 24, 1988), 53 FR 19639; 29236 (May 24, 1991), rule_filings/2008/ficc/2008-01.pdf. See also FICC 56 FR 24852; 32385 (June 3, 1993), 58 FR 32405; White Paper: ‘‘A Central Counterparty For 35787 (May 31, 1995), 60 FR 30324; 36508 Mortgage-Backed Securities: Paving The Way’’ at (November 27, 1995), 60 FR 61719; 37983 http://www.dtcc.com/downloads/leadership/ 10 17 CFR 200.30–3(a)(12). (November 25, 1996), 61 FR 64183; 38698 (May 30, whitepapers/ccp.pdf.

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Electronic Comments SMALL BUSINESS ADMINISTRATION the State of Illinois (FEMA–1991–DR), dated 06/10/2011. • Use the Commission’s Internet [Disaster Declaration #12615 and #12616] comment form (http://www.sec.gov/ Incident: Severe Storms and Flooding. rules/sro.shtml); or Oklahoma Disaster Number OK–00050 Incident Period: 04/19/2011 through 06/14/2011. • Send an e-mail to rule- AGENCY: U.S. Small Business Effective Date: 06/14/2011. [email protected]. Please include File Administration. Physical Loan Application Deadline Number 600–23 on the subject line. ACTION: Amendment 1. Date: 08/09/2011. Paper Comments Economic Injury (EIDL) Loan SUMMARY: This is an amendment of the • Send paper comments in triplicate Application Deadline Date: 03/12/2012. Presidential declaration of a major ADDRESSES: Submit completed loan to Elizabeth M. Murphy, Secretary, disaster for the State of Oklahoma Securities and Exchange Commission, applications to: U.S. Small Business (FEMA—1989—DR), dated 06/06/2011. Administration, Processing and 100 F Street, NE., Washington, DC Incident: Severe Storms, Tornadoes, 20549–1090. Disbursement Center, 14925 Kingsport Straight-line Winds, and Flooding. Road, Fort Worth, TX 76155. All submissions should refer to File Incident Period: 05/22/2011 through FOR FURTHER INFORMATION CONTACT: Number 600–23. This file number 05/25/2011. A. should be included on the subject line Escobar, Office of Disaster Assistance, EFFECTIVE DATES: 06/16/2011. U.S. Small Business Administration, if e-mail is used. To help the Physical Loan Application Deadline Commission process and review your 409 3rd Street, SW., Suite 6050, Date: 08/05/2011. Washington, DC 20416. comments more efficiently, please use EIDL Loan Application Deadline Date: only one method. The Commission will 03/06/2012. SUPPLEMENTARY INFORMATION: The notice post all comments on the Commission’s of the President’s major disaster ADDRESSES: Submit completed loan Internet Web site (http://www.sec.gov/ declaration for Private Non-Profit applications to: U.S. Small Business rules/sro.shtml). Copies of the organizations in the State of Illinois, Administration, Processing and submission, all subsequent dated 06/10/2011, is hereby amended to Disbursement Center, 14925 Kingsport amendments, all written statements establish the incident period for this Road, Fort Worth, TX 76155. with respect to the proposed rule disaster as beginning 04/19/2011 and change that are filed with the FOR FURTHER INFORMATION CONTACT: A continuing through 06/14/2011. Commission, and all written Escobar, Office of Disaster Assistance, All other information in the original communications relating to the U.S. Small Business Administration, declaration remains unchanged. proposed rule change between the 409 3rd Street, SW., Suite 6050, Washington, DC 20416. (Catalog of Federal Domestic Assistance Commission and any person, other than Numbers 59002 and 59008) those that may be withheld from the SUPPLEMENTARY INFORMATION: The notice public in accordance with the of the Presidential disaster declaration James E. Rivera, provisions of 5 U.S.C. 552, will be for the State of OKLAHOMA, dated 06/ Associate Administrator for Disaster available for website viewing and 06/2011 is hereby amended to include Assistance. printing in the Commission’s Public the following areas as adversely affected [FR Doc. 2011–15906 Filed 6–23–11; 8:45 am] Reference Section, 100 F Street, NE., by the disaster: BILLING CODE 8025–01–P Washington, DC 20549 on official Primary Counties: (Physical Damage business days between the hours of 10 and Economic Injury Loans): a.m. and 3 p.m. Copies of such filing Caddo. SMALL BUSINESS ADMINISTRATION also will be available for inspection and Contiguous Counties: (Economic Injury [Disaster Declaration #12566 and #12567] copying at the principal office of FICC Loans Only): and on FICC’s Web site at http:// Oklahoma: Custer, Kiowa, Washita. Kentucky Disaster Number KY–00039 www.ficc.com. All comments received All other information in the original AGENCY: U.S. Small Business will be posted without change; the declaration remains unchanged. Administration. Commission does not edit personal (Catalog of Federal Domestic Assistance ACTION: Amendment 7. identifying information from Numbers 59002 and 59008) submissions. You should submit only SUMMARY: This is an amendment of the James E. Rivera, information that you wish to make Presidential declaration of a major available publicly. All submissions Associate Administrator for Disaster disaster for Public Assistance Only for Assistance. should refer to File Number 600–23 and the Commonwealth of Kentucky should be submitted on or before July [FR Doc. 2011–15908 Filed 6–23–11; 8:45 am] (FEMA–1976–DR), dated 05/04/2011. 15, 2011. BILLING CODE 8025–01–P Incident: Severe Storms, Tornadoes, It is therefore ordered that FICC’s and Flooding. temporary registration as a clearing Incident Period: 04/12/2011 through SMALL BUSINESS ADMINISTRATION agency (File No. 600–23) be and hereby 05/20/2011. is extended through June 30, 2013. [Disaster Declaration #12630 and #12631] Effective Date: 06/17/2011. For the Commission by the Division of Physical Loan Application Deadline Trading and Markets pursuant to delegated Illinois Disaster Number IL–00031 Date: 07/05/2011. authority.14 AGENCY: U.S. Small Business Economic Injury (EIDL) Loan Cathy H. Ahn, Administration. Application Deadline Date: 02/06/2012. Deputy Secretary. ACTION: Amendment 1. ADDRESSES: Submit completed loan [FR Doc. 2011–15805 Filed 6–23–11; 8:45 am] applications to: U.S. Small Business BILLING CODE 8011–01–P SUMMARY: This is an amendment of the Administration, Processing and Presidential declaration of a major Disbursement Center, 14925 Kingsport 14 17 CFR 200.30–3(a)(50)(i). disaster for Public Assistance Only for Road, Fort Worth, TX 76155.

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FOR FURTHER INFORMATION CONTACT: A. 19 U.S.C. 2432(d)(1), that the further the Desk Officer, Department of Escobar, Office of Disaster Assistance, extension of the waiver authority Transportation/Federal Motor Carrier U.S. Small Business Administration, granted by Section 402 of the Act will Safety Administration, and sent via 409 3rd Street, SW., Suite 6050, substantially promote the objectives of electronic mail to Washington, DC 20416. Section 402 of the Act. I further [email protected], or faxed SUPPLEMENTARY INFORMATION: The notice determine that continuation of the to (202) 395–6974, or mailed to the of the President’s major disaster waiver applicable to Belarus will Office of Information and Regulatory declaration for Private Non-Profit substantially promote the objectives of Affairs, Office of Management and organizations in the Commonwealth of Section 402 of the Act. Budget, Docket Library, Room 10102, Kentucky, dated 05/04/2011, is hereby This determination shall be published 725 17th Street, NW., Washington, DC amended to re-establish the incident in the Federal Register. 20503. period for this disaster as beginning 04/ Dated: June 1, 2011. FOR FURTHER INFORMATION CONTACT: Olu 12/2011 and continuing through 05/20/ Hillary Rodham Clinton, Ajayi, Research Division, Department of 2011. Secretary of State. Transportation, Federal Motor Carrier All other information in the original Safety Administration, West Building declaration remains unchanged. [FR Doc. 2011–15904 Filed 6–23–11; 8:45 am] BILLING CODE 4710–23–P 6th Floor, 1200 New Jersey Avenue, SE., (Catalog of Federal Domestic Assistance Washington, DC 20590. Telephone: Numbers 59002 and 59008) 202–366–0440; e-mail James E. Rivera, DEPARTMENT OF TRANSPORTATION [email protected]. Office hours are from Associate Administrator for Disaster 9 a.m. to 5 p.m., Monday through Assistance. Federal Motor Carrier Safety Friday, except Federal Holidays. [FR Doc. 2011–15907 Filed 6–23–11; 8:45 am] Administration SUPPLEMENTARY INFORMATION: BILLING CODE 8025–01–P [Docket No. FMCSA–2011–0163] Title: Evaluating the Safety Benefits of an On-Board Monitoring System in Agency Information Collection Commercial Vehicle Operations: SMALL BUSINESS ADMINISTRATION Activities; Request for Comments on a Independent Evaluation and Data New Information Collection: Evaluating Analysis. Surrender of License of Small the Safety Benefits of an On-Board OMB Control Number: 2126–XXXX. Business Investment Company Monitoring System in Commercial Type of Request: New collection. Respondents: Commercial motor Pursuant to the authority granted to Vehicle Operations: Independent vehicle (CMV) drivers. the United States Small Business Evaluation and Data Analysis Estimated Number of Respondents: Administration under the Small AGENCY: Federal Motor Carrier Safety 500 CMV drivers. Business Investment Act of 1958, under Administration (FMCSA), DOT. Estimated Time per Response: 20 Section 309 of the Act and Section ACTION: Notice and request for minutes for the pre-study questionnaire, 107.1900 of the Small Business comments. 15 minutes for during- and post-study Administration Rules and Regulations questionnaires, and 20 minutes for the (13 CFR 107.1900) to function as a small SUMMARY: In accordance with the exit interview at the end of the study. business investment company under the Paperwork Reduction Act of 1995, Expiration Date: N/A. Small business Investment Company FMCSA announces its plan to submit Frequency of Response: Drivers will License No. 01/70–0189 issued to the Information Collection Request (ICR) be asked to take a total of four unique Pacific Northwest Partners, L.P., and described below to the Office of questionnaires administered six times said license is hereby declared null and Management and Budget (OMB) for over the course of 18 months. void. review and approval. The purpose of Estimated Total Annual Burden: 792 United States Small Business this information collection is to assess hours [(250 responses × 20 minutes/60 Administration. Commercial Motor Vehicle (CMV) minutes for pre-study questionnaire) + Sean J. Greene, drivers’ expectations, attitudes and (1,250 responses × 15 minutes/60 AA/Investment. acceptance of an on-board monitoring minutes for intervention questionnaire) [FR Doc. 2011–15774 Filed 6–23–11; 8:45 am] system (OBMS), as a part of a Field + (1,250 responses × 15 minutes/60 Operational Test (FOT) study. On March BILLING CODE 8025–01–P minutes for withdrawal questionnaire) + 29, 2011 FMCSA published a Federal (250 responses × 20 minutes/60 minutes Register notice allowing for a 60-day for exit interview) = 792 hours]. comment period on the ICR. One DEPARTMENT OF STATE Background: The goal of the OBMS comment was received. and safety research study FOT is to [Public Notice 7509] DATES: Please send your comments by determine whether on-board monitoring July 25, 2011. OMB must receive your Determination Under Subsection and feedback will reduce at-risk comments by this date in order to act behavior among CMV drivers and 402(d)(1) of the Trade Act of 1974, as quickly on the ICR. Amended Continuation of Waiver improve driver safety performance. The ADDRESSES: Authority All comments should purpose of the questionnaire portion is reference Federal Docket Management to assess CMV drivers’ acceptance of the Pursuant to the authority vested in the System (FDMS) Docket Number OBMS being evaluated in the FOT. A President under the Trade Act of 1974, FMCSA–2011–0163. Interested persons series of four unique questionnaires will as amended, Public Law 93–618, 88 are invited to submit written comments be conducted in the Baseline (no Stat. 1978 (hereinafter ‘‘the Act’’), and on the proposed information collection feedback), Intervention (receiving assigned to the Secretary of State by to the Office of Information and feedback), and Withdrawal (no virtue of Section 1(a) of Executive Order Regulatory Affairs, Office of feedback) periods. These questionnaires 13346 of July 8, 2004, I determine, Management and Budget. Comments will address the CMV drivers’ pursuant to Section 402(d)(1) of the Act, should be addressed to the attention of expectations, experiences and attitudes

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toward the OBMS and assess changes in 2009–0121, using any of the following SUPPLEMENTARY INFORMATION: their perception over the 18-month methods: Background study period. All study questionnaires • Federal eRulemaking Portal: Go to will be available in both paper and http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, electronic form. The results will be on-line instructions for submitting FMCSA may renew an exemption from summarized and integrated into the rest comments. the vision requirements in 49 CFR of the larger FOT study report that • Mail: Docket Management Facility; 391.41(b)(10), which applies to drivers evaluates the effectiveness of the OBMS U.S. Department of Transportation, 1200 of CMVs in interstate commerce, for a in improving safety and driver New Jersey Avenue, SE., West Building two-year period if it finds ‘‘such performance. Ground Floor, Room W12–140, exemption would likely achieve a level Public Comments Invited: You are Washington, DC 20590–0001. of safety that is equivalent to, or greater asked to comment on any aspect of this • Hand Delivery or Courier: West than, the level that would be achieved information collection, including: Building Ground Floor, Room W12–140, absent such exemption.’’ The (1) Whether the proposed collection is 1200 New Jersey Avenue, SE., procedures for requesting an exemption necessary for the performance of Washington, DC, between 9 a.m. and (including renewals) are set out in 49 FMCSA’s functions; (2) the accuracy of 5 p.m., Monday through Friday, except CFR Part 381. the estimated burden; (3) ways for Federal Holidays. Exemption Decision FMCSA to enhance the quality, • Fax: 1–202–493–2251. usefulness, and clarity of the collected Instructions: Each submission must This notice addresses 14 individuals information; and (4) ways that the include the Agency name and the who have requested renewal of their burden could be minimized without docket number for this notice. Note that exemptions in accordance with FMCSA reducing the quality of the collected DOT posts all comments received procedures. FMCSA has evaluated these information. without change to http:// 14 applications for renewal on their merits and decided to extend each Issued on: June 20, 2011. www.regulations.gov, including any exemption for a renewable two-year Kelly Leone, personal information included in a comment. Please see the Privacy Act period. They are: Associate Administrator for Research and Information Technology. heading below. Robert L. Brown Docket: For access to the docket to Nicholas Cafaro [FR Doc. 2011–15921 Filed 6–23–11; 8:45 am] read background documents or Barry G. Church BILLING CODE 4910–EX–P comments, go to http:// David J. Comeaux www.regulations.gov at any time or John J. Davis DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of Steven L. Forristall the West Building, 1200 New Jersey Rocky D. Gysberg Federal Motor Carrier Safety Avenue, SE., Washington, DC, between Randy L. Huelster Administration 9 a.m. and 5 p.m., Monday through Charlie H. Lefew Friday, except Federal holidays. The Steve J. Morrison [Docket No. FMCSA–2009–0121] Federal Docket Management System Joseph B. Peacock (FDMS) is available 24 hours each day, Charles A. Terry Qualification of Drivers; Exemption 365 days each year. If you want Steven L. Thomas Applications; Vision acknowledgment that we received your Daniel A. Wescott comments, please include a self- The exemptions are extended subject AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or to the following conditions: (1) That Administration (FMCSA), DOT. postcard or print the acknowledgement each individual has a physical ACTION: Notice of renewal of page that appears after submitting examination every year (a) by an exemptions; request for comments. comments on-line. ophthalmologist or optometrist who Privacy Act: Anyone may search the SUMMARY: FMCSA announces its attests that the vision in the better eye electronic form of all comments continues to meet the standard in 49 decision to renew the exemptions from received into any of our dockets by the the vision requirement in the Federal CFR 391.41(b)(10) and (b) by a medical name of the individual submitting the examiner who attests that the individual Motor Carrier Safety Regulations for 14 comment (or of the person signing the individuals. FMCSA has statutory is otherwise physically qualified under comment, if submitted on behalf of an 49 CFR 391.41; (2) that each individual authority to exempt individuals from association, business, labor union, etc.). the vision requirement if the provides a copy of the ophthalmologist’s You may review DOT’s Privacy Act or optometrist’s report to the medical exemptions granted will not Statement for the FDMS published in compromise safety. The Agency has examiner at the time of the annual the Federal Register on January 17, medical examination; and (3) that each concluded that granting these 2008 (73 FR 3316), or you may visit exemption renewals will provide a level individual provide a copy of the annual http://edocket.access.gpo.gov/2008/pdf/ medical certification to the employer for of safety that is equivalent to, or greater E8–785.pdf. than, the level of safety maintained retention in the driver’s qualification without the exemptions for these FOR FURTHER INFORMATION CONTACT: file and retains a copy of the commercial motor vehicle (CMV) Elaine M. Papp, Chief, Medical certification on his/her person while drivers. Programs, (202)–366–4001, driving for presentation to a duly [email protected], FMCSA, authorized Federal, State, or local DATES: This decision is effective July 16, Department of Transportation, 1200 enforcement official. Each exemption 2011. Comments must be received on or New Jersey Avenue, SE., Room W64– will be valid for two years unless before July 25, 2011. 224, Washington, DC 20590–0001. rescinded earlier by FMCSA. The ADDRESSES: You may submit comments Office hours are from 8:30 a.m. to 5 p.m. exemption will be rescinded if: (1) The bearing the Federal Docket Management Monday through Friday, except Federal person fails to comply with the terms System (FDMS) numbers: FMCSA– holidays. and conditions of the exemption; (2) the

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exemption has resulted in a lower level received to its notices of applications. Ground Floor, Room W12–140, of safety than was maintained before it The notices of applications stated in Washington, DC 20590–0001. was granted; or (3) continuation of the detail the qualifications, experience, • Hand Delivery: West Building exemption would not be consistent with and medical condition of each applicant Ground Floor, Room W12–140, 1200 the goals and objectives of 49 U.S.C. for an exemption from the vision New Jersey Avenue, SE., Washington, 31136(e) and 31315. requirements. That information is DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Basis for Renewing Exemptions available by consulting the above cited Federal Register publications. • Fax: 1–202–493–2251. Under 49 U.S.C. 31315(b)(1), an Interested parties or organizations Instructions: Each submission must exemption may be granted for no longer possessing information that would include the Agency name and the than two years from its approval date otherwise show that any, or all, of these docket numbers for this notice. Note and may be renewed upon application drivers are not currently achieving the that all comments received will be for additional two year periods. In statutory level of safety should posted without change to http:// accordance with 49 U.S.C. 31136(e) and immediately notify FMCSA. The www.regulations.gov, including any 31315, each of the 14 applicants has Agency will evaluate any adverse personal information provided. Please satisfied the entry conditions for evidence submitted and, if safety is see the Privacy Act heading below for obtaining an exemption from the vision being compromised or if continuation of further information. requirements (74 FR 26461; 74 FR the exemption would not be consistent Docket: For access to the docket to 34630). Each of these 14 applicants has with the goals and objectives of 49 read background documents or requested renewal of the exemption and U.S.C. 31136(e) and 31315, FMCSA will comments, go to http:// has submitted evidence showing that take immediate steps to revoke the www.regulations.gov at any time or the vision in the better eye continues to exemption of a driver. Room W12–140 on the ground level of meet the standard specified at 49 CFR Issued on: June 13, 2011. the West Building, 1200 New Jersey 391.41(b)(10) and that the vision Avenue, SE., Washington, DC, between Larry W. Minor, impairment is stable. In addition, a 9 a.m. and 5 p.m., Monday through review of each record of safety while Associate Administrator for Policy. Friday, except Federal holidays. The driving with the respective vision [FR Doc. 2011–15923 Filed 6–23–11; 8:45 am] FDMS is available 24 hours each day, deficiencies over the past two years BILLING CODE 4910–EX–P 365 days each year. If you want indicates each applicant continues to acknowledgment that we received your meet the vision exemption standards. comments, please include a self- These factors provide an adequate basis DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or for predicting each driver’s ability to postcard or print the acknowledgement continue to drive safely in interstate Federal Motor Carrier Safety Administration page that appears after submitting commerce. Therefore, FMCSA comments on-line. concludes that extending the exemption [Docket No. FMCSA–2011–0140] Privacy Act: Anyone may search the for each renewal applicant for a period electronic form of all comments of two years is likely to achieve a level Qualification of Drivers; Exemption received into any of our dockets by the of safety equal to that existing without Applications; Vision name of the individual submitting the the exemption. comment (or of the person signing the Request for Comments AGENCY: Federal Motor Carrier Safety comment, if submitted on behalf of an Administration (FMCSA), DOT. FMCSA will review comments association, business, labor union, etc.). received at any time concerning a ACTION: Notice of applications for You may review DOT’s Privacy Act particular driver’s safety record and exemptions; request for comments. Statement for the FDMS published in determine if the continuation of the the Federal Register on January 17, SUMMARY: FMCSA announces receipt of 2008 (73 FR 3316), or you may visit exemption is consistent with the applications from 17 individuals for requirements at 49 U.S.C. 31136(e) and http://edocket.access.gpo.gov/2008/pdf/ exemption from the vision requirement E8–785.pdf. 31315. However, FMCSA requests that in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: interested parties with specific data Regulations. If granted, the exemptions Elaine M. Papp, Chief, Medical concerning the safety records of these would enable these individuals to Programs, (202) 366–4001, drivers submit comments by July 25, qualify as drivers of commercial motor [email protected], FMCSA, 2011. vehicles (CMVs) in interstate commerce Department of Transportation, 1200 FMCSA believes that the without meeting the Federal vision New Jersey Avenue, SE., Room W64– requirements for a renewal of an standard. exemption under 49 U.S.C. 31136(e) and 224, Washington, DC 20590–0001. 31315 can be satisfied by initially DATES: Comments must be received on Office hours are from 8:30 a.m. to 5 granting the renewal and then or before July 25, 2011. p.m., Monday through Friday, except requesting and evaluating, if needed, ADDRESSES: You may submit comments Federal holidays. subsequent comments submitted by bearing the Federal Docket Management SUPPLEMENTARY INFORMATION: interested parties. As indicated above, System (FDMS) Docket No. FMCSA– the Agency previously published 2011–0140 using any of the following Background notices of final disposition announcing methods: Under 49 U.S.C. 31136(e) and 31315, its decision to exempt these 14 • Federal eRulemaking Portal: Go to FMCSA may grant an exemption from individuals from the vision requirement http://www.regulations.gov. Follow the the Federal Motor Carrier Safety in 49 CFR 391.41(b)(10). The final on-line instructions for submitting Regulations for a 2-year period if it finds decision to grant an exemption to each comments. ‘‘such exemption would likely achieve a of these individuals was made on the • Mail: Docket Management Facility; level of safety that is equivalent to, or merits of each case and made only after U.S. Department of Transportation, 1200 greater than, the level that would be careful consideration of the comments New Jersey Avenue, SE., West Building achieved absent such exemption.’’

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FMCSA can renew exemptions at the Carter reported that he has driven Jackie R. Frederick end of each 2-year period. The 17 tractor-trailer combinations for 5 years, Mr. Frederick, 61, has had amblyopia individuals listed in this notice have accumulating 360,000 miles. He holds a in his right eye since childhood. The each requested such an exemption from Class A CDL from Michigan. His driving best corrected visual acuity in his right the vision requirement in 49 CFR record for the last 3 years shows no eye is 20/70 and in his left eye, 20/20. 391.41(b)(10), which applies to drivers crashes and no convictions for moving Following an examination in 2011, his of CMVs in interstate commerce. violations in a CMV. optometrist noted, ‘‘In my opinion, his Accordingly, the Agency will evaluate Ronald J. Claud vision is sufficient to perform the the qualifications of each applicant to driving tasks required for operating a determine whether granting an Mr. Claud, 65, has had retinal scarring commercial vehicle.’’ Mr. Frederick exemption will achieve the required in his left eye due to a traumatic injury reported that he has driven straight level of safety mandated by statute. since 1962. The best corrected visual trucks for 15 years, accumulating Qualifications of Applicants acuity in his right eye is 20/20 and in 240,000 miles. He holds a Class A CDL his left eye, 3/180. Following an from Alabama. His driving record for Danny F. Burnley examination in 2011, his optometrist the last 3 years shows no crashes and no Mr. Burnley, age 49, has loss of vision noted, ‘‘I do not see any reason why he convictions for moving violations in a in his right eye due to a traumatic injury cannot obtain a commercial vehicle CMV. that occurred during his late teens or drivers license.’’ Mr. Claud reported that Robert E. Graves early twenties. The best corrected visual he has driven straight trucks for 40 Mr. Graves, 42, has a prosthetic right acuity in his right eye is 20/400 and in years, accumulating 200,000 miles and eye due to a traumatic injury since age his left eye, 20/20. Following an tractor-trailer combinations for 28 years, 3. The best corrected visual acuity in his examination in 2011, his optometrist accumulating 168,000 miles. He holds a left eye is 20/15. Following an noted, ‘‘Based upon my findings and Class C operator’s license from New examination in 2011, his optometrist medical expertise, I Jamison J. Heffron, York. His driving record for the last 3 noted, ‘‘He has sufficient vision to O.D. hereby certify Danny Burnley to be years shows no crashes and no perform the driving tasks required to visually able to safely operate a convictions for moving violations in a operate a commercial vehicle.’’ Mr. commercial motor vehicle.’’ Mr. Burnley CMV. Graves reported that he has driven reported that he has driven straight straight trucks for 24 years, trucks for 3 years, accumulating 6,000 Stewart K. Clayton accumulating 48,000 miles and driven miles and tractor-trailer combinations Mr. Clayton, 50, has had inferior tractor-trailer combinations for 22 years, for 3 years, accumulating 6,000 miles. retinal coloboma in his right eye since accumulating 440,000 miles. He holds a He holds a Class A Commercial Driver’s birth. The best corrected visual acuity in Class A CDL from Nebraska. His driving License (CDL) from Kentucky. His his right eye is 20/100 and in his left record for the last 3 years shows no driving record for the last 3 years shows eye, 20/20. Following an examination in crashes but one conviction for speeding no crashes and no convictions for 2010, his optometrist noted, ‘‘Mr. in a CMV. He exceeded the speed limit moving violations in a CMV. Clayton has sufficient vision to perform by 10 miles per hour Bruce A. Cameron driving tasks required to operate a Brian P. Millard Mr. Cameron, 58, has had a branch commercial vehicle.’’ Mr. Clayton reported that he has driven straight Mr. Millard, 38, has had amblyopia in retinal vein occlusion in his left eye his left eye since childhood. The best since 2005. The best corrected visual trucks for 31 years, accumulating 744,000 miles and tractor-trailer corrected visual acuity in his right eye acuity in his right eye is 20/20 and in is 20/20 and in his left eye, 20/100. his left eye, count-finger vision. combinations for 31 years, accumulating 744,000 miles. He holds a Class A CDL Following an examination in 2011, his Following an examination in 2011, his ophthalmologist noted, ‘‘Based on optometrist noted, ‘‘In my opinion, Mr. from Texas. His driving record for the last 3 years shows no crashes and no recent examinations, patient has Cameron has sufficient vision to sufficient vision to operate a perform the driving tasks required to convictions for moving violations in a CMV. commercial vehicle.’’ Mr. Millard operate a commercial vehicle.’’ Mr. reported that he has driven straight Cameron reported that he has driven Sean R. Conorman trucks for 17 years, accumulating 1.3 straight trucks for 45 years, million miles. He holds a Class B CDL accumulating 225,000 miles and tractor- Mr. Conorman, 40, has had amblyopia from North Carolina. His driving record trailer combinations for 30 years, in his left eye since childhood. The best for the last 3 years shows no crashes and accumulating 150,000 miles. He holds a corrected visual acuity in his right eye no convictions for moving violations in Class A CDL from North Dakota. His is 20/20 and in his left eye, 20/200. a CMV. driving record for the last 3 years shows Following an examination in 2011, his no crashes and no convictions for ophthalmologist noted, ‘‘In my opinion, Steven D. Nash moving violations in a CMV. patient has sufficient vision to perform Mr. Nash, 56, has had histoplasmosis the driving tasks required to operate a in his left eye since birth. The visual Charles E. Carter commercial vehicle.’’ Mr. Conorman acuity in his right eye is 20/20 and in Mr. Carter, 54, has complete loss of reported that he has driven straight his left eye, 20/450. Following an vision in his left eye due to a traumatic trucks for 5.9 years, accumulating examination in 2011, his optometrist injury sustained in 1992. The best 236,000 miles and tractor-trailer noted, ‘‘I feel that Mr. Nash has corrected visual acuity in his right eye combinations for 5.6 years, sufficient vision to perform the driving is 20/20. Following an examination in accumulating 280,000 miles. He holds a tasks required to operate a commercial 2011, his optometrist noted, ‘‘In my own Class A CDL from Michigan. His driving vehicle.’’ Mr. Nash reported that he has opinion, Charles has sufficient vision to record for the last 3 years shows no driven straight trucks for 20 years, perform driving tasks required to crashes and no convictions for moving accumulating 900,000 miles. He holds a operate a commercial vehicle.’’ Mr. violations in a CMV. Class A CDL from Iowa. His driving

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record for the last 3 years shows no best corrected visual acuity in his right accumulating 3,400 miles and tractor- crashes and no convictions for moving eye is 20/60 and in his left eye, 20/20. trailer combinations for 17 years, violations in a CMV. Following an examination in 2010, his accumulating 3,400 miles. He holds a ophthalmologist noted, ‘‘In my opinion, Class D operator’s license from Idaho. Merle M. Price Mr. Stubrich’s vision is sufficient to His driving record for the last 3 years Mr. Price, 56, has a prosthetic right perform driving tasks required to shows no crashes and no convictions for eye due to a traumatic injury that operate commercial vehicles.’’ Mr. moving violations in a CMV. occurred 36 years ago. The visual acuity Stubrich reported that he has driven in his left eye is 20/20. Following an straight trucks for 26 years, Request for Comments examination in 2011, his optometrist accumulating 1.7 million miles and In accordance with 49 U.S.C. 31136(e) noted, ‘‘I certify that Mr. Price tractor-trailer combinations for 5 years, and 31315, FMCSA requests public demonstrates that he has sufficient accumulating 72,000 miles. He holds a comment from all interested persons on vision to perform the driving tasks Class A CDL from Pennsylvania. His the exemption petitions described in required to operate a commercial driving record for the last 3 years shows this notice. The Agency will consider all vehicle.’’ Mr. Price reported that he has no crashes and no convictions for comments received before the close of driven straight trucks for 5 years, moving violations in a CMV. business July 25, 2011. Comments will accumulating 25,000 miles and tractor- be available for examination in the Stephen W. Verrette trailer combinations for 20 years, docket at the location listed under the accumulating 500,000 miles. He holds a Mr. Verrette, 44, has had cataract in ADDRESSES section of this notice. The Class A CDL from Iowa. His driving his right eye due to a traumatic injury Agency will file comments received record for the last 3 years shows no sustained at age 10. The best corrected after the comment closing date in the crashes and no convictions for moving visual acuity in his right eye is 20/150 public docket, and will consider them to violations in a CMV. and in his left eye, 20/20. Following an the extent practicable. examination in 2011, his optometrist Terrence F. Ryan In addition to late comments, FMCSA noted, ‘‘In light of this, I feel Steve can will also continue to file, in the public Mr. Ryan, 49, has had refractive safely perform driving tasks necessary to docket, relevant information that amblyopia in his left eye since operate a commercial motor vehicle.’’ becomes available after the comment childhood. The best corrected visual Mr. Verrette reported that he has driven closing date. Interested persons should acuity in his right eye is 20/20 and in straight trucks for 25 years, monitor the public docket for new his left eye, 20/50. Following an accumulating 75,000 miles. He holds a material. examination in 2011, his optometrist Class A CDL from Michigan. His driving noted, ‘‘I certify in my medical opinion record for the last 3 years shows no Issued on: June 17, 2011. that Terrence Ryan has sufficient vision crashes and no convictions for moving Larry W. Minor, to operate a commercial vehicle.’’ Mr. violations in a CMV. Associate Administrator for Policy. Ryan reported that he has driven [FR Doc. 2011–15928 Filed 6–23–11; 8:45 am] Joseph A. Wells straight trucks for 12 years, BILLING CODE 4910–EX–P accumulating 600,000 miles and tractor- Mr. Wells, 46, had a corneal trailer combinations for 14 years, transplantation in the 1990s and retinal accumulating 1.1 million miles. He detachment repair in 2009 due to a prior DEPARTMENT OF TRANSPORTATION holds a Class A CDL from Florida. His history of trauma in his right eye. The Federal Motor Carrier Safety driving record for the last 3 years shows best corrected visual acuity in his right Administration one crash for which he was not cited, eye is 20/70 and in his left eye, 20/20. and no convictions for moving Following an examination in 2011, his [FMCSA Docket No. FMCSA–2011–0103] violations in a CMV. ophthalmologist noted, ‘‘I believe based on the clinical examination, he is Qualification of Drivers; Exemption Kirby R. Sands capable of operating commercial motor Applications; Diabetes Mellitus Mr. Sands, 49, has had a cornea scar vehicles without difficulty.’’ Mr. Wells AGENCY: in his right eye, due to a traumatic reported that he has driven straight Federal Motor Carrier Safety injury sustained at age 9. The best trucks for 25 years, accumulating 1.2 Administration (FMCSA), DOT. corrected visual acuity in his right eye million miles. He holds a Class A CDL ACTION: Notice of final disposition. is hand motion vision and in his left from Illinois. His driving record for the SUMMARY: FMCSA announces its eye, 20/15. Following an examination in last 3 years shows no crashes and no decision to exempt twenty-four 2011, his optometrist noted, ‘‘My convictions for moving violations in a individuals from its rule prohibiting conclusion is that Kirby Sands is CMV. persons with insulin-treated diabetes qualified to perform the driving tasks Leslie H. Wylie mellitus (ITDM) from operating required to operate a commercial commercial motor vehicles (CMVs) in vehicle.’’ Mr. Sands reported that he has Mr. Wylie, 55, has loss of vision in his interstate commerce. The exemptions driven straight trucks for 5 years, right eye due to a traumatic injury will enable these individuals to operate accumulating 128,000 miles and tractor- sustained in 1985. The best corrected CMVs in interstate commerce. trailer combinations for 15 years, visual acuity in his right eye is 20/400 accumulating 1.8 million miles. He and in his left eye, 20/20. Following an DATES: The exemptions are effective holds a Class A CDL from Iowa. His examination in 2010, his June 24, 2011. The exemptions expire driving record for the last 3 years shows ophthalmologist noted, as long as he on June 24, 2013. no crashes and not convictions for meets the criteria in regard to his visual FOR FURTHER INFORMATION CONTACT: moving violations in a CMV. field for operation of a commercial Elaine M. Papp, Chief, Medical vehicle, I see no problems with his Programs, (202) 366–4001, Dennis W. Stubrich operation of a commercial vehicle.’’ Mr. [email protected], FMCSA, Room Mr. Stubrich, 57, has had Eales’ Wylie reported that he has driven W64–224, Department of disease in his right eye since 1984. The straight trucks for 17 years, Transportation, 1200 New Jersey

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Avenue, SE., Washington, DC 20590– Agency’s July 2000 study entitled ‘‘A from the diabetes standard in 49 CFR 0001. Office hours are from 8:30 a.m. to Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level 5 p.m., Monday through Friday, except a Program to Qualify Individuals with of safety equal to that existing without Federal holidays. Insulin-Treated Diabetes Mellitus to the exemption. SUPPLEMENTARY INFORMATION: Operate in Interstate Commerce as Conditions and Requirements Directed by the Transportation Act for Electronic Access the 21st Century.’’ The report concluded The terms and conditions of the You may see all the comments online that a safe and practicable protocol to exemption will be provided to the through the Federal Document allow some drivers with ITDM to applicants in the exemption document Management System (FDMS) at: http:// operate CMVs is feasible. and they include the following: (1) That www.regulations.gov. The September 3, 2003 (68 FR 52441) each individual submit a quarterly Docket: For access to the docket to Federal Register notice in conjunction monitoring checklist completed by the read background documents or with the November 8, 2005 (70 FR treating endocrinologist as well as an comments, go to http:// 67777) Federal Register notice provides annual checklist with a comprehensive www.regulations.gov and/or Room the current protocol for allowing such medical evaluation; (2) that each W12–140 on the ground level of the drivers to operate CMVs in interstate individual reports within 2 business West Building, 1200 New Jersey commerce. days of occurrence, all episodes of Avenue, SE., Washington, DC, between These twenty-four applicants have severe hypoglycemia, significant 9 a.m. and 5 p.m., Monday through had ITDM over a range of 1 to 34 years. complications, or inability to manage Friday, except Federal holidays. These applicants report no severe diabetes; also, any involvement in an Privacy Act: Anyone may search the hypoglycemic reactions resulting in loss accident or any other adverse event in electronic form of all comments of consciousness or seizure, requiring a CMV or personal vehicle, whether or received into any of DOT’s dockets by the assistance of another person, or not it is related to an episode of the name of the individual submitting resulting in impaired cognitive function hypoglycemia; (3) that each individual the comment (or of the person signing that occurred without warning provide a copy of the ophthalmologist’s the comment, if submitted on behalf of symptoms, in the past 12 months and no or optometrist’s report to the medical an association, business, labor union, or recurrent (2 or more) severe examiner at the time of the annual other entity). You may review DOT’s hypoglycemic episodes in the past 5 medical examination; and (4) that each Privacy Act Statement for the Federal years. In each case, an endocrinologist individual provide a copy of the annual Docket Management System (FDMS) verified that the driver has medical certification to the employer for published in the Federal Register on demonstrated a willingness to properly retention in the driver’s qualification January 17, 2008 (73 FR 3316), or you monitor and manage his/her diabetes file, or keep a copy in his/her driver’s may visit http://edocket.access.gpo.gov/ mellitus, received education related to qualification file if he/she is self- 2008/pdf/E8-785.pdf. diabetes management, and is on a stable employed. The driver must also have a copy of the certification when driving, Background insulin regimen. These drivers report no other disqualifying conditions, for presentation to a duly authorized On May 5, 2011, FMCSA published a including diabetes-related Federal, State, or local enforcement notice of receipt of Federal diabetes complications. Each meets the vision official. exemption applications from twenty- standard at 49 CFR 391.41(b)(10). Conclusion four individuals and requested The qualifications and medical Based upon its evaluation of the comments from the public (76 FR condition of each applicant were stated twenty-four exemption applications, 25769). The public comment period and discussed in detail in the May 5, FMCSA exempts, Alfonso L. Abeyta, closed on June 6, 2011 and no 2011, Federal Register notice and they Perfecto Aquino, James C. Ayotte, John comments were received. will not be repeated in this notice. FMCSA has evaluated the eligibility C. Beason, Jr., Charles A. Best, Gregory of the twenty-four applicants and Discussion of Comment E. Bichsel, II., Raymond D. Dubose, determined that granting the FMCSA did not receive any Adam Errickson, Jon M. Greiner, exemptions to these individuals would comments in this proceeding. Gregory M. Hoyt, Robert E. Jackson, achieve a level of safety equivalent to, Kimm D. Jacobson, Daryl D. Jibben, or greater than, the level that would be Basis for Exemption Determination Jimmy G. Lee, Jr., Daniel S. May, Gerald achieved by complying with the current Under 49 U.S.C. 31136(e) and 31315, D. McElya, Michael L. Moore, Stacey W. regulation 49 CFR 391.41(b)(3). FMCSA may grant an exemption from Nelson, Ervin W. Ponto, Donald B. the diabetes standard in 49 CFR Ramaley, Bart H. Rideout, Floyd M. Diabetes Mellitus and Driving 391.41(b)(3) if the exemption is likely to Tyler, Richard G. Wunderlich and Experience of the Applicants achieve an equivalent or greater level of Mathew E. Yeates from the ITDM The Agency established the current safety than would be achieved without standard in 49 CFR 391.41(b)(3), subject standard for diabetes in 1970 because the exemption. The exemption allows to the conditions listed under several risk studies indicated that the applicants to operate CMVs in ‘‘Conditions and Requirements’’ above. drivers with diabetes had a higher rate interstate commerce. In accordance with 49 U.S.C. 31136(e) of crash involvement than the general To evaluate the effect of these and 31315 each exemption will be valid population. The diabetes rule provides exemptions on safety, FMCSA for two years unless revoked earlier by that ‘‘A person is physically qualified to considered medical reports about the FMCSA. The exemption will be revoked drive a commercial motor vehicle if that applicants’ ITDM and vision, and if: (1) The person fails to comply with person has no established medical reviewed the treating endocrinologists’ the terms and conditions of the history or clinical diagnosis of diabetes medical opinion related to the ability of exemption; (2) the exemption has mellitus currently requiring insulin for the driver to safely operate a CMV while resulted in a lower level of safety than control’’ (49 CFR 391.41(b)(3)). using insulin. was maintained before it was granted; or FMCSA established its diabetes Consequently, FMCSA finds that in (3) continuation of the exemption would exemption program, based on the each case exempting these applicants not be consistent with the goals and

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objectives of 49 U.S.C. 31136(e) and • Hand Delivery or Courier: West than the level that would be achieved 31315. If the exemption is still effective Building Ground Floor, Room W12–140, absent such exemption.’’ The at the end of the 2-year period, the 1200 New Jersey Avenue, SE., procedures for requesting an exemption person may apply to FMCSA for a Washington, DC, between 9 a.m. and (including renewals) are set out in 49 renewal under procedures in effect at 5 p.m., Monday through Friday, except CFR part 381. that time. Federal holidays. • Exemption Decision Issued on: June 15, 2011. Fax: 1–202–493–2251. This notice addresses 24 individuals Larry W. Minor, Instructions: Each submission must include the Agency name and the who have requested renewal of their Associate Administrator for Policy. docket number for this notice. Note that exemptions in accordance with FMCSA [FR Doc. 2011–15927 Filed 6–23–11; 8:45 am] DOT posts all comments received procedures. FMCSA has evaluated these BILLING CODE 4910–EX–P without change to http:// 24 applications for renewal on their www.regulations.gov, including any merits and decided to extend each exemption for a renewable two-year DEPARTMENT OF TRANSPORTATION personal information included in a comment. Please see the Privacy Act period. They are: Carl W. Adams, Federal Motor Carrier Safety heading below. Michael W. Anderson, William E. Administration Docket: For access to the docket to Beckley, Michael R. Bradford, Richard read background documents or A. Brown, Jr., John J. Caricola, Jr., [Docket No. FMCSA–1999–5748; FMCSA– comments, go to http:// William P. Caufield, Denise M. Engle, 2000–8398; FMCSA–2005–20560; FMCSA– Michael A. Hildebrand, Wade M. 2006–26066; FMCSA–2007–0071; FMCSA– www.regulations.gov at any time or Room W12–140 on the ground level of Hillmer, Michael W. Jensen, Caleb T. 2007–26653; FMCSA–2007–27515; FMCSA– Kass, Clifford E. Masink, Michael J. 2008–0398; FMCSA–2009–0086] the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between McGregan, Felix L. McLean, Earl R. Qualification of Drivers; Exemption 9 a.m. and 5 p.m., Monday through Neugebauer, Willie E. Nichols, John P. Applications; Vision Friday, except Federal holidays. The Perez, Jeffrey W. Pike, Jr., Scott K. Federal Docket Management System Richardson, Jose C. Sanchez-Sanchez, AGENCY: Federal Motor Carrier Safety (FDMS) is available 24 hours each day, Kyle C. Shover, Charles H. Smith, Administration (FMCSA), DOT. 365 days each year. If you want Robert G. Springer. ACTION: The exemptions are extended subject Notice of renewal of acknowledgment that we received your to the following conditions: (1) That exemptions; request for comments. comments, please include a self- each individual has a physical addressed, stamped envelope or SUMMARY: FMCSA announces its examination every year (a) by an postcard or print the acknowledgement decision to renew the exemptions from ophthalmologist or optometrist who page that appears after submitting the vision requirement in the Federal attests that the vision in the better eye comments on-line. Motor Carrier Safety Regulations for 24 continues to meet the standard in 49 Privacy Act: Anyone may search the individuals. FMCSA has statutory CFR 391.41(b)(10), and (b) by a medical electronic form of all comments authority to exempt individuals from examiner who attests that the individual received into any of our dockets by the the vision requirement if the is otherwise physically qualified under name of the individual submitting the exemptions granted will not 49 CFR 391.41; (2) that each individual comment (or of the person signing the compromise safety. The Agency has provides a copy of the ophthalmologist’s comment, if submitted on behalf of an concluded that granting these or optometrist’s report to the medical association, business, labor union, etc.). exemption renewals will provide a level examiner at the time of the annual You may review DOT’s Privacy Act of safety that is equivalent to or greater medical examination; and (3) that each Statement for the FDMS published in than the level of safety maintained individual provide a copy of the annual the Federal Register on January 17, without the exemptions for these medical certification to the employer for 2008 (73 FR 3316), or you may visit commercial motor vehicle (CMV) retention in the driver’s qualification http://edocket.access.gpo.gov/2008/pdf/ drivers. file and retains a copy of the E8-785.pdf. DATES: This decision is effective July 2, certification on his/her person while 2011. Comments must be received on or FOR FURTHER INFORMATION CONTACT: driving for presentation to a duly before July 25, 2011. Elaine M. Papp, Chief, Medical authorized Federal, State, or local ADDRESSES: You may submit comments Programs, (202)–366–4001, enforcement official. Each exemption bearing the Federal Docket Management [email protected], FMCSA, will be valid for two years unless System (FDMS) numbers: FMCSA– Department of Transportation, 1200 rescinded earlier by FMCSA. The 1999–5748; FMCSA–2000–8398; New Jersey Avenue, SE., Room W64– exemption will be rescinded if: (1) The FMCSA–2005–20560; FMCSA–2006– 224, Washington, DC 20590–0001. person fails to comply with the terms 26066; FMCSA–2007–0071; FMCSA– Office hours are from 8:30 a.m. to 5 p.m. and conditions of the exemption; (2) the 2007–26653; FMCSA–2007–27515; Monday through Friday, except Federal exemption has resulted in a lower level FMCSA–2008–0398; FMCSA–2009– holidays. of safety than was maintained before it 0086, using any of the following SUPPLEMENTARY INFORMATION: was granted; or (3) continuation of the methods: Background exemption would not be consistent with • Federal eRulemaking Portal: Go to the goals and objectives of 49 U.S.C. http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, 31136(e) and 31315. on-line instructions for submitting FMCSA may renew an exemption from comments. the vision requirements in 49 CFR Basis for Renewing Exemptions • Mail: Docket Management Facility; 391.41(b)(10), which applies to drivers Under 49 U.S.C. 31315(b)(1), an U.S. Department of Transportation, 1200 of CMVs in interstate commerce, for a exemption may be granted for no longer New Jersey Avenue, SE., West Building two-year period if it finds ‘‘such than two years from its approval date Ground Floor, Room W12–140, exemption would likely achieve a level and may be renewed upon application Washington, DC 20590–0001. of safety that is equivalent to or greater for additional two year periods. In

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accordance with 49 U.S.C. 31136(e) and interested parties. As indicated above, guideway systems, or extensions to 31315, each of the 24 applicants has the Agency previously published existing fixed guideway systems, or satisfied the entry conditions for notices of final disposition announcing corridor based bus systems to promote obtaining an exemption from the vision its decision to exempt these 24 livable communities, improve mobility requirements (64 FR 40404; 64 FR individuals from the vision requirement by providing alternatives to automobile, 66962; 65 FR 78256; 66 FR 16311; 67 FR in 49 CFR 391.41(b)(10). The final and reduce the impact on the 17102; 68 FR 13360; 70 FR 12265; 70 FR decision to grant an exemption to each environment. 14747; 70 FR 25878; 70 FR 30997; 70 FR of these individuals was made on the 17504; 71 FR 63379; 72 FR 1050; 72 FR merits of each case and made only after FOR FURTHER INFORMATION CONTACT: For 8417; 72 FR 11426; 72 FR 21313; 72 FR careful consideration of the comments general program information on the 27624; 72 FR 32703; 72 FR 34062; 72 FR received to its notices of applications. New Starts, contact Eric Hu, Office of 36099; 73 FR 6242; 73 FR 16950; 74 FR The notices of applications stated in Program Management, at (202) 366– 7097; 74 FR 8302; 74 FR 15584; 74 FR detail the qualifications, experience, 0870, e-mail: [email protected] mailto:, 19267; 74 FR 19270; 74 FR 20523; 74 FR and medical condition of each applicant for project specific issues, contact 26464; 74 FR 26466; 74 FR 26471; 74 FR for an exemption from the vision Elizabeth Day, Office of Planning and 28094). Each of these 24 applicants has requirements. That information is Environment, at (202) 366–5159, e-mail: requested renewal of the exemption and available by consulting the above cited [email protected]. Federal Register publications. has submitted evidence showing that SUPPLEMENTARY INFORMATION: In FY Interested parties or organizations the vision in the better eye continues to 2011, $1,596,800,000 was appropriated possessing information that would meet the standard specified at 49 CFR for the Capital Investments Grant otherwise show that any, or all, of these 391.41(b)(10) and that the vision Account, which includes the New Starts drivers are not currently achieving the impairment is stable. In addition, a and Small Starts programs. After a one statutory level of safety should review of each record of safety while percent oversight takedown, the total immediately notify FMCSA. The driving with the respective vision amount allocated for New Starts and deficiencies over the past two years Agency will evaluate any adverse evidence submitted and, if safety is Small Starts is $1,580,832,000. The indicates each applicant continues to funding is allocated to eight existing meet the vision exemption standards. being compromised or if continuation of the exemption would not be consistent Full Funding Grant Agreement (FFGA) These factors provide an adequate basis projects, four pending FFGA projects, for predicting each driver’s ability to with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will six projects recommended for future continue to drive safely in interstate FFGAs, and nine Small Starts funding commerce. Therefore, FMCSA take immediate steps to revoke the exemption of a driver. recommendations. Funding is also concludes that extending the exemption provided to the Denali Commission for each renewal applicant for a period Issued on: June 13, 2011. Alaska and Alaska and Hawaii ferry of two years is likely to achieve a level Larry W. Minor, projects authorized in law. Project of safety equal to that existing without Associate Administrator for Policy. allocations are shown in Table 1, which the exemption. [FR Doc. 2011–15926 Filed 6–23–11; 8:45 am] accompanies this announcement. Request for Comments BILLING CODE 4910–EX–P Project identification numbers are assigned to each project and must be FMCSA will review comments used in the grant application submitted received at any time concerning a DEPARTMENT OF TRANSPORTATION through the Transportation Electronic particular driver’s safety record and Award Management system. Pre-award determine if the continuation of the Federal Transit Administration authority is granted as of February 8, exemption is consistent with the 2011, the publication date of the FTA requirements at 49 U.S.C. 31136(e) and Capital Investment Program—New Starts and Small Starts Program Funds Fiscal Year 2011 Apportionments, 31315. However, FMCSA requests that Allocations, and Program Information interested parties with specific data AGENCY: Federal Transit Administration notice, and projects are subject to the concerning the safety records of these (FTA), DOT. conditions described in that notice. drivers submit comments by July 25, ACTION: Notice. Funding announced in this notice will 2011. be available for obligation until FMCSA believes that the SUMMARY: The U.S. Department of September 30, 2013. requirements for a renewal of an Transportation’s (DOT) Federal Transit exemption under 49 U.S.C. 31136(e) and Administration (FTA) announces the Issued in Washington, DC, this 21st day of 31315 can be satisfied by initially apportionment of the FY 2011 Capital June, 2011. granting the renewal and then Investment (New Starts and Small Peter Rogoff, requesting and evaluating, if needed, Starts) program funds. The funds will be Administrator. subsequent comments submitted by used for construction of new fixed BILLING CODE 4910–57–P

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[FR Doc. 2011–15912 Filed 6–23–11; 8:45 am] augmented with Section 5309 Bus and All proposals must be submitted BILLING CODE 4910–57–C Bus Facilities program funds. These electronically through the discretionary program funds will be GRANTS.GOV APPLY function. Any distributed in accordance with the agency intending to apply should DEPARTMENT OF TRANSPORTATION mission of each program and in support initiate the process of registering on the of the U. S. Department of GRANTS.GOV site immediately to Federal Transit Administration Transportation’s (DOT) environmental ensure completion of registration before sustainability efforts. the submission deadline. Instructions FY 2011 Discretionary Sustainability This notice includes priorities for applying can be found on FTA’s Web Funding Opportunity Transit established by FTA for these site at http://fta.dot.gov/tigger and Investments for Greenhouse Gas and discretionary funds, the criteria FTA http://fta.dot.gov/cleanfuels and in the Energy Reduction (TIGGER) Program will use to identify meritorious projects ‘‘FIND’’ module of GRANTS.GOV. and Clean Fuels Grant Program, for funding, and describes how to apply Augmented With Discretionary Bus FOR FURTHER INFORMATION CONTACT: for funding under each discretionary and Bus Facilities Program Contact the appropriate FTA Regional program. This announcement is Administrator (Appendix A) for AGENCY: Federal Transit Administration available on the FTA Web site at: proposal-specific information and (FTA), DOT. http://www.fta.dot.gov. FTA will issues. For general program information announce final selections on the Web ACTION: Notice of availability of FTA on the TIGGER program, contact Walter site and in the Federal Register. Kulyk, Office of Mobility Innovation, environmental sustainability program Additionally, a synopsis of each funding funds: Solicitation of project proposals. (202) 366–4995, e-mail: opportunity will be posted in the FIND [email protected]. For program SUMMARY: The Federal Transit module of the government-wide information on the Clean Fuels/Bus and Administration (FTA) announces the electronic grants Web site at http:// Bus Facilities Program; contact Vanessa availability of discretionary funds in www.grants.gov. Williams, Office of Program Fiscal Year (FY) 2011 for the Transit DATES: Complete proposals for both the Management, (202) 366–4818, e-mail: Investments for Greenhouse Gas and Clean Fuels/Bus and Bus Facilities and [email protected]. A TDD is Energy Reduction (TIGGER) program TIGGER discretionary grant programs available at 1–800–877–8339 and Clean Fuels Grant program, must be submitted by August 23, 2011. (TDD/FIRS).

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SUPPLEMENTARY INFORMATION: transportation, electricity, industrial, Reinvestment Act of 2009 (ARRA) and building and agricultural sectors that The Transportation, Housing, and Urban Table of Contents reduce energy bills. Development, and Related Agencies I. FTA Sustainability Program Overview FTA advances these energy and Appropriations Act 2010 and thus II. Sustainability Program Information environmental goals by funding projects awarded by FTA. A. Transit Investments for Greenhouse Gas that: Based on lessons learned in the and Energy Reduction (TIGGER) Program • Enhance the quality of public application, review, and 1. Program Purpose transportation services. implementation processes from the 2. Eligible Applicants • 3. Eligible Projects Assist nonattainment and previous two years of the TIGGER 4. Cost Sharing or Matching maintenance areas in achieving or program, FTA is altering some of the 5. Application Content maintaining the National Ambient Air application procedures for the FY 2011- 6. Evaluation Criteria Quality standards for ozone and carbon funded TIGGER program to continue to 7. Award Administration Information monoxide. simplify the process and provide greater B. Clean Fuels/Bus and Bus Facilities • Support emerging Clean Fuel and efficiency, documentation, and Program advanced propulsion technologies for transparency. Additionally, given the 1. Program Purpose transit buses and markets for those availability of other FTA discretionary 2. Eligible Applicants technologies. programs in FY 2011, such as the Clean 3. Eligible Projects • 4. Cost Sharing or Matching Reduce greenhouse gas emissions of Fuels Grant program, FTA will rate 5. Application Content public transportation systems. more favorably innovative technologies 6. Evaluation Criteria By this notice, FTA announces the of national significance and other III. Technical Assistance availability of at least $101.4 million in forward-looking technologies, not Appendix A FTA Regional Offices FY 2011 discretionary resources to help normally funded out of other FTA Appendix B Glossary of Terms (TIGGER promote the usage and development of programs. Program) energy efficient technologies that reduce This notice announces the availability Appendix C Discretionary Program Timeline energy use, greenhouse gas emissions of the grant program funding, Appendix D Program Matrix and other pollutants. Projects funded as application requirements, and deadlines I. FTA Sustainability Program a result of this notice will further the for submitting proposals for funding. Overview Department’s environmental 1. Program Purpose sustainability efforts. As each program A. Authority has separate eligibility and program There are two eligible purposes for These programs are authorized under requirements, FTA encourages TIGGER grants: (1) For capital Section 5308, 5309(b) (as amended by applicants to carefully consider which investments that will assist in reducing the Safe, Accountable, Flexible, program to apply under. FTA will the energy consumption of a transit Efficient, Transportation Equity Act: A provide $49.9 million under the system; or (2) for capital investments Legacy for Users (SAFETEA–LU)) TIGGER program. This program is that will reduce greenhouse gas August 10, 2005, and Section 2223 of intended for projects of innovative and emissions of a public transportation the Department of Defense and Full- national significance with a minimum system. Project proposals may be Year Continuing Appropriations Act, project cost of $1 million. To submitted under either or both 2011(enacted April 15, 2011). complement TIGGER, FTA also will categories. FTA has established a range of funding that will be considered for B. Policy Priority award approximately $51.5 million under the Clean Fuels Grant program. approval. Each submitted proposal must Among the goals of the Obama FTA also intends to further our request a minimum of $1,000,000 and Administration is one to improve our environmental sustainability goals by must not exceed a maximum of Nation’s environment and to secure its allowing applicants in attainment areas $15,000,000. Proposals that include energy future. Effective provision of that are not eligible under the Clean projects less than $1,000,000 may be public transportation is a key part of Fuels Grant program to apply for applied for if they are part of a this goal. The Administration believes projects which promote the use of clean consolidated proposal submitted by the that we must commit ourselves to an fuels and fund those projects with Bus State Department of Transportation economic future in which the strength and Bus Facilities program funds as (State DOT) or a consortium of smaller of our economy is not tied to the appropriate. Please refer to Appendix C agencies working in tangent that, in unpredictability of oil markets. We must for information on additional total, meets or exceeds the $1,000,000 make the investments in clean energy availability of FTA funds. threshold. FTA may decide to provide sources that will both enhance the only partial funding for certain environment through improved air II. Sustainability Program Information proposals to maximize the impact of quality and curb our dependence on A. TIGGER Program this program. Detailed budget proposals fossil fuels, making America energy and a minimum value needed to achieve independent by: The Department of Defense and Full- project results are expected in all • Breaking Dependence on Oil. Year Continuing Appropriations Act, proposals. FTA encourages applicants Promote the next generation of vehicles 2011 (Pub. L. 112–10), appropriated with projects that are not and the fuels they use and provide $49.9 million for grants to public transit technologically innovative, or which do alternate modes of transportation that agencies for capital investments that not meet these funding thresholds to minimize the use of fossil fuels. will reduce the energy consumption or apply under the Clean Fuels program • Producing More Energy at Home. greenhouse gas emissions of their public which has simpler application criteria. Enhance U.S. energy supplies through transportation systems, referred to as the responsible development of domestic Transit Investments for Greenhouse Gas 2. Eligible Applicants renewable energy, fossil fuels, advanced and Energy Reduction (TIGGER) Under TIGGER, only public biofuels and nuclear energy. program. In the previous two years a transportation agencies, Federally • Promoting Energy Efficiency. total of $175 million was provided for recognized Tribes or State DOTs may Promote investments in the TIGGER in the American Recovery and apply. A public transportation agency

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may apply for one or multiple projects elements of individual program This addresses basic identifying in one proposal. Likewise, public proposals for these discretionary information, including: transportation agencies working in a programs. These supplemental forms i. Applicant name; consortium to meet the minimum provide guidance and a consistent ii. Contact information (including funding threshold may also submit a format for applicants to respond to the contact name, address, e-mail address, proposal detailing individual projects. criteria outlined in this Notice of phone and fax number; Additionally, a State DOT may submit Funding Availability (NOFA) and iii. Description of services provided a consolidated proposal for multiple described in detail on the FTA Web site by the agency, including areas served; projects from one or more transit at http://www.fta.dot.gov/tigger. iv. Congressional district(s) served by agencies in order to meet the $1,000,000 Applicants must use this Supplemental the proposed project. v. If the project proposal includes threshold. Consolidated proposals from Form and attach it to their submission vehicles, provide existing fleet either State DOTs or agency consortia in GRANTS.GOV to successfully information, such as a current rail or must contain individual project level complete the application process. bus fleet management plan, if not information, as described in Section 5 Within 24–48 hours after submitting an already on file with the FTA Regional Application Content, for each project electronic application, the applicant Office, and included in the consolidated proposal. should receive an e-mail validation Grant awards will be made for a vi. A description of the technical, message from GRANTS.GOV. The legal and financial capacity of the particular project directly to public validation will state whether transportation agencies, Tribes, or State project sponsor. GRANTS.GOV found any issues with (2) Project Information. Departments of Transportation on behalf the submitted application. As an Every proposal must: of a public transportation agency. additional notification, FTA’s system i. Include a project management plan 3. Eligible Projects will notify the applicant if there are any to be utilized to implement the problems with the submitted proposed project. Eligible expenses must meet the Supplemental FTA Form. If making a ii. Address whether the project is to following criteria: (1) The expense must resubmission for any reason, include all be evaluated under energy reduction or be an eligible capital expense as defined original attachments regardless of which greenhouse gas reduction criteria, or under 49 U.S.C. 5302(a)(1); and (2) the attachments were updated. Complete both criteria; project will assist in the reduction of the instructions on the application process iii. Include the project scope, energy consumption of a public can be found at http://www.fta.dot.gov/ including descriptions of the proposed transportation system and/or the tigger. Important: FTA urges applicants capital investment as well as the reduction of greenhouse gas emissions to submit their applications at least 72 existing system, subsystem, facility, of a public transportation system. hours prior to the due date to allow time vehicle, or component that the 4. Cost Sharing or Matching to receive the validation message and to investment will replace or be applied to. The expected Federal share for correct any problems that may have The project scope determines where TIGGER grants is 90 percent, although caused a rejection notification. measurement of energy reductions or greenhouse gas emissions reductions applicants may request a different b. Proposal Content Federal share. A proposed Federal share will take place and must be directly can be less than 90 percent, or up to 100 Proposals from public transit agencies related to the actual capital investment. percent. However, applicants requesting may contain multiple projects. Agencies It should be determined in a manner a lower Federal share may be given a may submit multiple proposals, but that permits measurement before and higher rating in the evaluation process, each proposal must be clearly defined. after the investment to determine either all else being equal. Additionally, a proposal may contain the energy savings or greenhouse gas multiple projects, but each project much reductions, or both; 5. Application Content be clearly defined as a separate project iv. Include a line-item budget for the a. Proposal Submission Process within the Supplemental Form provided project and its total cost. For scalable on http://fta.dot.gov/tigger. projects, a scaling plan describing the Project proposals must follow the minimum amount necessary for a submission guidelines that are provided Proposals from State DOTs may also contain multiple projects from one or feasible project and the energy or at http://www.fta.dot.gov/tigger. A greenhouse gas reduction impacts of a synopsis of this announcement will is more transit agencies in order to meet the $1,000,000 threshold. Consolidated reduced funding level; also posted in the ‘‘FIND’’ module of the v. State the expected useful life of the proposals must contain individual GRANTS.GOV. Mail and fax investment based on accepted FTA and project level information, as described submissions will not be accepted. industry practices; Complete proposals for the TIGGER below, for each project included in the vi. Provide a project time-line program must be submitted consolidated proposal. outlining steps from project electronically through the Project Summary—The applicant is development through completion, GRANTS.GOV Web site by August 23, requested to enter summary information including significant milestones such as 2011. Applicants are encouraged to about the proposed project into a project date of contract awards and dates of begin the process of registration on the Supplemental Form to be attached with project implementation; and GRANTS.GOV site well in advance of the SF 424 Mandatory Form provided vii. Include the proposed location of the submission deadline. Registration is on GRANTS.GOV. Additional the project. For facilities and other a multi-step process, which may take guidelines for application procedures, infrastructure this means the city or several weeks to complete before an further instructions, and application county where the infrastructure will be application can be submitted. In tools will be located on FTA’s Web site located. For transit vehicles it means the addition to the Mandatory SF424 Form at http://www.fta.dot.gov/tigger. cities or counties where transit services that will be downloaded from Information that should be considered are likely to be provided. GRANTS.GOV, FTA requires applicants essential for project evaluation includes, (3) Project Measurement Information to complete the Supplemental FTA but is not limited to: i. Proposals must provide a narrative Form to enter descriptive and data (1) Applicant Information. describing how the greenhouse gas and/

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or energy saving estimates were c. Funding Restrictions vi. Innovative Intelligent calculated. Proposals also must identify Only proposals from eligible transportation systems (ITS) involving the process the agency will use to recipients for eligible activities will be bus or rail operations such as transit determine the actual energy savings considered for funding (see Section II of signal priority, wireless engine and/or greenhouse gas emission this Notice). monitoring devices, and dynamic reductions realized once the investment dispatching systems. is implemented. FTA will post on its 6. Evaluation Criteria vii. Other innovative approaches to Web site (http://www.fta.dot.gov/tigger) Proposals will be evaluated for their reduce energy consumption or the information or other application ability to reduce energy consumption greenhouse gas emissions. tools that may be used to develop these and/or greenhouse gas emissions of the (2) National Applicability. The calculations. transit agency. An applicant will be national applicability of the project as ii. Project Measurement Criteria for evaluated under both criteria if it an example of energy savings or Energy Reduction Projects: The proposal provides the necessary project greenhouse gas reductions, including must include: measurement information. whether the project could be replicated (A) Project’s Current Annual Energy by other transit agencies regionally or Use. a. Evaluation Criteria for Energy nationally and is consistent with FTA (B) Project’s Estimated Annual Energy Consumption Reduction Projects livability and environmental Use. sustainability goals should be (C) Project’s Estimated Annual Energy FTA will evaluate proposals on total demonstrated. Savings. energy consumption savings projected (3) Project Readiness. FTA will (D) Project’s Total Estimated Energy to result from the project, and projected Savings Over Its Useful Life. energy savings of the project as a evaluate the proposed timeframe of the (E) Project’s Total Energy Savings as percentage of the total energy usage of project for timeliness and a Percentage of the Agency’s Total the public transit agency. Refer to reasonableness. Annual Energy Use. This can be Appendix B for definitions. (4) Project Management. The reported as less than one percent or the applicant demonstrates the capacity to b. Evaluation Criterion for Greenhouse carry out the project. proposal must include: Gas Emission Reduction Projects (A) Total Annual Energy i. The applicant is in a fundable status Consumption of the Public FTA will evaluate proposals based on for the FTA grant program. Transportation Agency. the total amount of greenhouse gas ii. The applicant’s project team (B) The Project’s Total Energy Savings reductions projected to result from the demonstrates the technical capacity to as a Percentage of the Total Annual project. carry out the project, including the Energy Consumption of the Public project approach or project management Transportation Agency. c. Evaluation Criteria for All Projects plan. iii. Project Measurement Criteria for In addition, FTA will evaluate all iii. The applicant has the ability to Greenhouse Gas Emission Reduction proposals on the following criteria: collect information and demonstrate the Projects: Proposals must include: (1) Project Innovation. results of the project for at least one year (A) Project’s Current Annual The project identifies a unique, following project implementation. Greenhouse Gas Emissions. significant, or innovative approach to (5) Return on Investment. This factor (B) Project’s Estimated Annual reducing energy consumption or addresses the energy savings and/or Greenhouse Gas Emissions. greenhouse gas emissions. FTA greenhouse gas reduction relative to the (C) Project’s Estimated Annual encourages qualified projects that will total project cost, including the Greenhouse Gas Savings. demonstrate innovative technologies proposed Federal and local shares. (D) Project’s Total Estimated leading to operational efficiencies and (6) Geographic Diversity. To provide Greenhouse Gas Savings Over the other approaches to reducing energy the ability to evaluate technologies in a Project’s Useful Life. wide variety of conditions, FTA may (4) Proposed Deviations From FTA consumption or greenhouse gas emissions. FTA will give some priority select projects to ensure there is Circular 5010. sufficient geographic diversity. FTA’s capital program includes the consideration to these projects if all introduction of new technology, through other project evaluation criteria are d. Review and Selection Process comparable. innovative and improved products, into Proposals first will be screened by a public transportation as an eligible Examples of innovation include: technical review committee. During the expense. FTA intends to apply 49 U.S.C. i. On-Board Vehicle Energy process, FTA may seek clarifications or 53 requirements and FTA Circular Management (energy storage, corrections to some proposals to ensure 5010.1.D Grant Management regenerative braking, fuel cells, turbines, adequate information is available to Requirements issued on November 1, engine auto start/stop, etc.). evaluate the proposal. After evaluating 2008 to this program. This Circular may ii. Electrification of Accessories (air proposals based on the established be found at: http://www.fta.dot.gov/ conditioning, air compressor, power criteria, FTA will publish the list of all laws/circulars/leg_reg_8640.html. The steering, etc.). selected projects and funding levels in applicant should identify any waivers to iii. Bus Design (lightweight materials, the Federal Register. these requirements it anticipates it may component packaging, maintainability, need that would affect its ability to etc.). 7. Award Administration Information introduce new technology. However, iv. Rail Transit Energy Management a. Award FTA is disinclined to grant any Buy (energy storage, regenerative braking, America waivers. solar propulsion engine systems, power Once proposals have been reviewed (5) A project proposal should address load-leveling, etc.) and projects have been selected, each of the evaluation criteria v. Locomotive Design (energy storage, successful applicants will apply for and separately, except for geographic regenerative braking, fuel cells, turbines, FTA will award grant funding through diversity which need not be addressed engine auto start/stop, lightweight FTA’s Transportation Electronic Award by the applicant. material, etc). and Management (TEAM) grant

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management system. These grants will c. Reporting Requirements designated to receive Federal urbanized be administered and managed by FTA FTA reporting requirements include formula funds under 49 U.S.C. 5307. regional offices in accordance with the standard reporting requirements b. FTA will also accept applications applicable Federal requirements of 49 identified in FTA Circular 5010.1D, and from direct recipients, tribes, and State U.S.C. Chapter 53. the Master Grant Agreement. In Departments of Transportation in Depending on award amount, FTA addition, the TIGGER program has attainment areas. may require a scope and project budget additional reporting requirements. A 3. Eligible Projects reduction before a grant is submitted in recipient of TIGGER funds must report Section 5308 grants authority to the TEAM. on an annual basis: (1) Actual annual energy consumed Secretary to make grants under this b. Administrative and National Policy section to assist recipients to finance Requirements within the project scope attributable to the investment for energy consumption eligible projects such as the following: (1) Grant Requirements (1) Purchasing or leasing clean fuel If selected, project sponsors will reduction projects; (2) Actual greenhouse gas emissions buses, including buses that employ a apply for a grant through TEAM and within the project scope attributable to lightweight composite primary structure adhere to the customary FTA grant the investment for greenhouse gas and vans for use in revenue service. The requirements of 49 U.S.C. Chapter 53, reduction projects; and purchase or lease of non-revenue including those identified in FTA (3) Actual annual reductions or vehicles is not an eligible project; (2) Circular 5010.1D and the FTA Master increases in operating costs attributable Constructing or leasing clean fuel bus Agreement, unless otherwise specified to the investment for all projects. facilities or electrical recharging in the grant agreement. Technical facilities and related equipment; (3) assistance regarding these requirements B. Clean Fuels/Bus and Bus Facilities Projects relating to clean fuel, biodiesel, is available from the corresponding FTA Program hybrid electric, or zero emissions regional office. The Clean Fuels Grant program was technology buses that exhibit equivalent Applicants must sign and submit first established as the Clean Fuels or superior emissions reductions to current Certifications and Assurances Formula Grant program in Section 3008 existing clean fuel or hybrid electric before receiving a grant. If the applicant of the Transportation Equity Act for the technologies. has already submitted the annual 21st Century, Public Law 105–178, June Funds made available under this Certifications and Assurances in TEAM, 9, 1998 (now codified at 49 U.S.C. Sec. program cannot be used to fund they do not need to be resubmitted. The 5308). The program was developed to operating expenses or preventive Applicant assures that it will comply assist non-attainment or maintenance maintenance. The purchase or lease of with all applicable Federal statutes, areas in achieving or maintaining the non-revenue vehicles is not an eligible regulations, executive orders, FTA National Ambient Air Quality Standards project. Funds made available under circulars, and other Federal for ozone and carbon monoxide (CO). this program cannot be used to administrative requirements in carrying Additionally, the program supported reimburse projects that have incurred out any project supported by the FTA emerging clean fuel and advanced prior eligible expenses without a Letter grant. The Applicant acknowledges that propulsion technologies for transit of No Prejudice (LONP) issued by FTA it is under a continuing obligation to buses and markets for those for the project before the costs are comply with the terms and conditions technologies. FY 2011 unallocated incurred. of the grant agreement issued for its funding provides $51.5 million dollars 4. Cost Sharing or Matching project with FTA. The Applicant in discretionary Clean Fuels Grant understands that Federal laws, program resources. Additionally, FTA is For projects awarded funding, costs regulations, policies, and administrative expanding the eligible applicant pool will be shared as follows: practices might be modified from time and may fund projects that meet the (1) Vehicles—90 percent FTA/10 to time and may affect the Clean Fuels Grant program objectives in percent local contribution for the net implementation of the project. The attainment areas using a portion of incremental cost of the clean fuels Applicant agrees that the most recent discretionary Bus and Bus Facilities component (not the whole vehicle). For Federal requirements will apply to the program resources that are available. administrative simplicity, FTA allows project, unless FTA issues a written recipients to apply an 83 percent determination otherwise. 1. Program Purpose Federal share for the whole vehicle. The (2) Planning The Clean Fuels/Bus and Bus 83 percent share is a blended figure Applicants are encouraged to notify Facilities program has a two-fold representing 80 percent of the vehicle the appropriate State DOT and purpose. First, the Clean Fuels Grant and 90 percent of the vehicle-related Metropolitan Planning Organization program was developed to assist equipment to be acquired in compliance (MPO) in areas likely to be served by the nonattainment and maintenance areas with the Clean Air Act (CAA). project funds made available under this in achieving or maintaining the National (2) Facilities—The 83 percent Federal program. Incorporation of funded Ambient Air Quality Standards for share does not apply to facilities, for projects in the long-range plans and ozone and CO. The second program which the costs are more variable. The transportation improvement programs of purpose is to support emerging clean Federal share is 90 percent of the cost States and metropolitan areas is fuel and advanced propulsion of the CAA elements of the facility. required of all funded projects. FTA technologies for transit buses and (3) The FY 2011 Appropriations Act cannot obligate grant funds unless the markets for those technologies. allows a 90 percent Federal share for the project is contained in a Federally total cost of a biodiesel bus. approved State Transportation 2. Eligible Applicants (4) The FY 2011 Appropriations Act Improvement Plan (STIP). Eligible applicants under the FY 2011 allows a 90 percent Federal share for the Similarly, all environmental Clean Fuels Grant program are: net capital cost of factory installed requirements must be complete before a. Designated recipients in hybrid electric propulsion systems and FTA can obligate and award a grant in maintenance or non-attainment areas for any equipment related to such a system. TEAM. ozone or CO, which are entities For administrative simplicity, FTA

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allows recipients to compute the message and to correct any problems projects requiring an Environmental Federal share at 83 percent for eligible that may have caused a rejection Assessment (EA). vehicle purchases. notification. ii. Implementation plans are ready, (5) FTA will not approve deferred (2) Applicants can only apply for including initial design of facilities local share. funds currently available for allocation. projects. However, an applicant may propose a iii. TIP/STIP can be amended 5. Application Content project that would expend money over (evidenced by MPO/State endorsement). a. Proposal Submission Process multiple years. The project, however, iv. Project can be obligated and begin (1) Project proposals must be should be ready to implement and implementation quickly, if selected. submitted electronically through http:// should be completed in a reasonable (3) The applicants demonstrate the www.grants.gov and a synopsis of this period of time. In sum, the period of technical, legal, and financial capacity announcement will be available in the performance of the award is separate to carry out the project. This criterion ‘‘FIND’’ module. The Mandatory SF424 from the year that funds are awarded. refers to implementation of the Form must be completed. Use the Funds allocated under this program will particular project proposed. Supplemental FTA form (Applicant and remain for obligation available during i. The applicant has the technical Proposal Profile) to address proposal the FY year selections are announced capacity to administer the project ii. The acquisition is consistent with content and evaluation criteria specified awarded plus two additional years. the bus fleet management plan in this notice. Please refer to the ‘‘Dates’’ b. Proposal Content iii. There are no outstanding legal, section in this notice for more technical, or financial issues with the information on application instructions. (1) Applicant Information grantee that would make this a high-risk Complete proposals for the Clean This addresses basic identifying project. Fuels program must be submitted information, including: iv. Source of local match is identified electronically through the i. Proposer’s name, and is available for prompt project GRANTS.GOV Web site by August 23, ii. Applicant eligibility, whether the implementation if selected (no deferred 2011. Applicants are encouraged to applicant’s area is attainment, non- local share will be allowed). begin the process of registration on the attainment, or maintenance for ozone or CO, (4) Demonstrated Need GRANTS.GOV site well in advance of i. Project represents a one-time or the submission deadline. Registration is iii. Description of services provided by the agency, including areas served. periodic need that cannot reasonably be a multi-step process, which may take funded from formula allocations or State several weeks to complete before an (2) Eligibility Information Every proposal must: and/or local revenues. application can be submitted. In ii. Other Federal funds have not been addition to the Mandatory SF424 Form i. Describe the project to be funded and include with the proposal any made available for this project. that will be downloaded from iii. The project will have a positive GRANTS.GOV, FTA requires applicants necessary supporting documentation. Example: Information on the age of the impact on air quality. to complete the Supplemental FTA iv. The project is consistent with the Form to enter descriptive and data current fleet, MPO concurrence letters, ridership information. applicant’s bus fleet management plan. elements of individual program v. The project is a transportation proposals for these discretionary 6. Evaluation Criteria for Clean Fuels control measure in an approved State programs. These supplemental forms Grant Program Implementation Plan (if applicable). provide guidance and a consistent a. Project Evaluation Criteria (5) The applicant demonstrates the format for applicants to respond to the benefits of the proposed project in criteria outlined in this NOFA and Projects will be evaluated according reducing transportation related described in detail on the FTA Web site to the following criteria: pollutants. at http://www.fta.dot.gov/cleanfuels. (1) Planning and prioritization at (6) The proposed project supports Applicants must use this Supplemental local/regional level emerging clean fuels technologies or Form and attach it to their submission i. Project is consistent with the transit advanced technologies for transit buses. in GRANTS.GOV to successfully priorities identified in the long range (7) Geographic Diversity. To provide complete the application process. plan and/or contingency/illustrative the ability to evaluate technologies in a Within 24–48 hours after submitting an projects. The project could not be wide variety of conditions, FTA may electronic application, the applicant included in the financially constrained select projects to ensure there is should receive an e-mail validation Transportation Improvement Plan (TIP)/ sufficient geographic diversity. message from GRANTS.GOV. The STIP due to lack of funding (if selected, (8) Budget Information validation will state whether project must be in federally approved i. Provide a line-item budget for the GRANTS.GOV found any issues with STIP before grant award). project and its total cost. the submitted application. As an ii. Local support is demonstrated by ii. Provide the Federal amount additional notification, FTA’s system availability of local match for this and/ requested for each purpose for which will notify the applicant if there are any or related projects and letters of support. funds are sought. problems with the submitted iii. In an area with more than one iii. Document matching funds, Supplemental FTA Form. If making a transit operator, the application including amount and source of the resubmission for any reason, include all demonstrates coordination with and match. original attachments regardless of which support of other transit operators, or iv. Provide project time-line, attachments were updated. Complete other related projects within the including significant milestones such as instructions on the application process applicant’s MPO or the geographic date or contract for purchase of can be found at http://www.fta.dot.gov/ region within which the proposed vehicle(s), actual or expected delivery cleanfuels. Important: FTA urges project will operate. date of vehicles and contract award and applicants to submit their applications (2) The project is ready to implement. completion of facility improvements. at least 72 hours prior to the due date i. Any required environmental work v. Congressional district(s): Place of to allow time to receive the validation has been initiated for construction performance of the proposed project.

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c. Funding Restrictions at http://www.fta.dot.gov/funding/ contact Walter Kulyk, Office of Mobility _ _ Only proposals from eligible grants/grants financing 3560.html. Innovation, (202) 366–4995, e-mail: recipients for eligible activities will be Technical assistance regarding these [email protected]. considered for funding. Due to funding requirements is available from each FTA For program information on the Clean limitations, applicants that are selected regional office listed in Appendix A. Fuels/Bus and Bus Facilities Program; for funding may receive less than the The regional offices will contact those contact Vanessa Williams, Office of amount requested. applicants selected for funding Program Management, (202) 366–4818, regarding grants and reporting e-mail: [email protected]. A III. Technical Assistance requirements and will provide TDD is available at 1–800–877–8339 FTA will post answers to commonly assistance in preparing the (TDD/FIRS). asked questions about the TIGGER documentation necessary for the grant award. Issued in Washington, DC, this 21st day of program as well as provide information June, 2011. to assist in calculations at http:// Contact the appropriate FTA Regional Peter Rogoff, www.fta.dot.gov/tigger. Commonly or Metropolitan Office for application- Administrator asked questions about the FY 2011 specific information and issues. For Clean Fuels Grant program can be found general TIGGER program information, Appendix A

FTA REGIONAL AND METROPOLITAN OFFICES

Mary Beth Mello, Regional Administrator, Region 1—Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode Island, and Vermont. Texas. Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 212–668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2—New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Letitia Thompson, Regional Administrator, Region 3—Philadelphia, Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. West Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720– 215–656–7100. 963–3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and, Wyoming. Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, D.C. Metropolitan Office, 1990 K Street, NW, Room 510, Washington, DC 20006, Tel. 202–219–3562. Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, tree Street, NW Suite 800, Atlanta, GA 30303, Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North, States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Is- Nevada, and the Northern Mariana, Islands. lands. Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952. Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

Appendix B diesel fuel used to operate a diesel generator Greenhouse Gases are gases that trap heat by an agency but not the electricity produced in the atmosphere expressed in Carbon Tigger Program Glossary of Terms by the generator. Energy produced on-site Dioxide (C02)-equivalent mass. The principal Energy Use of the Public Transportation using solar or wind power is also not counted greenhouse gases that enter the atmosphere System is the sum of the lower (net) heating as part of consumption. because of human activities are: Carbon value of fuels purchased directly by the Expected Useful Life is the expected Dioxide (CO2); Methane (CH4); Nitrous Oxide public transportation system plus electricity lifetime of project property, or the acceptable (N2O); and Fluorinated Gases purchased directly by the public period of use in service, based on standard (Hydrofluorocarbons, perfluorocarbons, and transportation system. It includes energy industry practices such as those defined in sulfur hexafluoride). used to perform both revenue and non FTA Circular 9300.1B. If a useful life is Greenhouse Gas Emissions of the Public revenue operations directly operated by the claimed that differs from standard industry Transportation Agency are greenhouse gas agency, but not energy used by purchased practices, or for which no standard practice emissions from public transportation systems services. It includes fuels used by an agency exists, the assumed useful life of a project vehicles or facilities, otherwise known as to generate energy, but not energy generated should be justified using appropriate direct emissions. It does not include indirect by an agency. As an example, an applicant citations or well-documented assumptions emissions (e.g., from third-party power would count the lower heating value of the and reasoning. plants) or displaced emissions (e.g.,

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emissions from manufacturing transit project scope determines where measurement Total Project Greenhouse Gas Emission equipment, waste disposal, emissions of energy reductions or emissions reductions Reductions is the estimated annual project released by upstream processes prior to will take place and must be directly related greenhouse gas emission reductions purchase of the fuel or electricity by the to the actual capital investment. multiplied by the expected useful life of the transit agency, etc.). Total Project Energy Savings is the investment. Project is the proposed capital investment estimated annual project energy savings as well as the existing system, subsystem, facility, vehicle, or component that the multiplied by the expected useful life of the investment will replace or be applied to. The investment. BILLING CODE 4910–57–P

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[FR Doc. 2011–15913 Filed 6–23–11; 8:45 am] The SGR Bus initiative will make registering on the GRANTS.GOV site BILLING CODE 4910–57–C funds available to public transit immediately to ensure completion of providers to finance capital projects to registration before the deadline for replace, rehabilitate, and purchase buses submission. DEPARTMENT OF TRANSPORTATION and related equipment and to construct/ rehabilitate bus-related facilities, FOR FURTHER INFORMATION: Contact the Federal Transit Administration including programs of bus and bus- appropriate FTA Regional related projects which may include Administrator (see Appendix A) for Discretionary Bus and Bus Facilities assistance to subrecipients that are proposal-specific information and Program public agencies, private companies issues. For information on the SGR Bus initiative, contact Kimberly Sledge, AGENCY: Federal Transit Administration engaged in public transportation, or Office of Program Management, (202) (FTA), DOT. private non-profit organizations. This notice includes priorities established by 366–2053, email: ACTION: Notice of availability of FTA FTA for these discretionary funds, the [email protected]. A TDD is state of good repair bus and bus criteria FTA will use to identify available at 1–800–877–8339 (TDD/ facilities initiative funds: Solicitation of meritorious projects for funding, and FIRS). project proposals. describes how to apply. SUPPLEMENTARY INFORMATION: SUMMARY: The Federal Transit This announcement is available on Administration (FTA) announces the the FTA Web site at: http:// Table of Contents availability of discretionary Section www.fta.dot.gov. FTA will announce I. Funding Opportunity Description 5309 Bus and Bus Facilities grant funds final selections on the Web site and in II. Award Information in support of its ‘‘State of Good Repair’’ the Federal Register notice. A synopsis III. Eligibility Information initiative. The State of Good Repair of this announcement will be posted in IV. Proposal Submission Information (SGR) Bus initiative will be funded with the FIND module of the government- V. Proposal Review, Selection, and up to $750 million in unallocated Fiscal wide electronic grants Web site at Notification Year (FY) 2011 discretionary Bus and http://www.grants.gov. See Appendix B VI. Award Administration Appendix A: FTA Regional Contacts Bus Facilities Program funds, of this notice for information related to other discretionary program Appendix B: FY 2011 Discretionary authorized by 49 U.S.C. 5309(b) of the Programs Schedule Safe, Accountable, Flexible, Efficient, opportunities available in FY 2011. Transportation Equity Act: A Legacy For DATES: Complete proposals for the SGR I. Funding Opportunity Description Users (SAFETEA–LU), Public Law 109– Bus initiative must be submitted by July A. Authority 59, August 10, 2005. FTA may use 29, 2011. All proposals must be additional Bus and Bus Facilities submitted electronically through the The bus and bus facilities program is program funding that becomes available GRANTS.GOV APPLY function. In authorized under 49 U.S.C. 5309(b), as in the future to further support this order to apply through GRANTS.GOV, amended by Section 3011 of SAFETEA– initiative. proposers should initiate the process of LU:

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‘‘The Secretary may make grants under this C. Program Purpose (nonurbanized) areas must be submitted section to assist State and local governmental Improving and maintaining America’s as part of a consolidated State proposal authorities in financing capital projects buses and bus facilities so that the with the exception of nonurbanized * * * to replace, rehabilitate, and purchase nation’s public transportation systems projects to Indian Tribes. Tribes, States, buses and related equipment and to construct are in good physical condition and and Direct Recipients may also submit bus-related facilities, including programs of successfully accomplish their consolidated proposals for projects in bus and bus-related projects for assistance to performance objectives is a key strategic urbanized areas. subrecipients that are public agencies, goal of the Department of Proposals shall contain projects to be private companies engaged in public Transportation (DOT) and FTA. The implemented by the Recipient or its transportation, or private non-profit SGR Bus initiative is intended to subrecipients. Eligible subrecipients organizations.’’ contribute to the improvement of the include public agencies, private non- profit organizations, and private B. Background condition of transit capital assets by providing financial assistance for providers engaged in public Maintaining the nation’s public recapitalization of buses and bus transportation. transportation fleet, infrastructure, and facilities. As part of the program, FTA B. Eligible Expenses equipment in a state of good repair is will prioritize the replacement and SAFETEA–LU grants authority to the essential to providing reliable, high- rehabilitation of intermodal facilities Secretary to make grants to assist State quality, and safe transit services to the that support the connection of bus and local governmental authorities in tens of millions of Americans who service with multiple modes of financing capital projects to replace, depend on it daily. Transit not only transportation such as: rail, ferry, rehabilitate, and purchase buses and provides mobility options for the intercity bus and private transportation related equipment and to construct or American public, but contributes to the providers. In order to be eligible for rehabilitate bus-related facilities, livability of our nation’s communities funding, intermodal facilities must have including programs of bus and bus- and to environmental and energy adjacent connectivity with bus service. related projects for assistance to sustainability. However, given recent In addition, FTA will prioritize funding subrecipients that are public agencies, limitations in State and local resources for the development and private companies engaged in public and the need to meet projected growth implementation of new, or improvement transportation, or private non-profit in demand for transit service, many of existing, transit asset management organizations. local transit agencies are finding it systems. Transportation asset Projects eligible for funding under the difficult to meet their basic re- management is a strategic and SGR Bus initiative are capital projects investment needs. FTA’s June 2010 systematic process of operating, such as: Purchase, replacement, or National State of Good Repair maintaining, improving, and expanding rehabilitation of, buses and vans and Assessment Study (National SGR Study) physical assets effectively throughout related equipment (including Intelligent estimated a combined $77.7 billion their life cycle. Successful systems focus Transportation Systems (ITS), fare repair and replacement backlog in our on good business and engineering equipment, communication devices that nation’s bus and rail systems. policy, practices and procedures for are FCC mandatory narrow-banding The state of repair of transit resource allocation and utilization with compliant); replacement or the infrastructure is an important issue for the objective of better decision-making modernization of bus maintenance and both large and small systems across the based upon quality information and revenue service (passenger) facilities; country. FTA’s National SGR Study well defined objectives. replacement or modernization of indicates that roughly one-third of the II. Award Information intermodal facilities; and the nation’s transit assets are in either development and implementation of Federal transit funds are available to transit asset management systems, that marginal or poor condition, implying State or local governmental authorities that these assets are near or have already address the objectives identified in the as recipients and other public Program Purpose subsection above. exceeded their expected useful life. transportation providers as While most of the $77.7 billion backlog subrecipients. There is no floor or upper C. Cost Sharing can be attributed to rail, more than 40 limit for any single grant under this Costs will be shared at the following percent of the nation’s buses are also in program; however, FTA intends to fund ratio: 80 percent FTA/20 percent local poor to marginal condition. It also as many meritorious projects as contribution. FTA will not approve estimates that an annual average of possible. In addition, FTA will take into deferred local share requests under this $14.4 billion in normal replacement consideration the geographic diversity program. The Federal share may exceed expenditures by all levels of government of its award decisions. 80 percent for certain projects related to nationwide would be required to keep Consistent with 49 U.S.C. 5309(m)(8), the Americans with Disabilities Act the backlog from getting larger. the Secretary shall consider the age and (ADA) and the Clean Air Act (CAA) as Recognizing growing investment condition of buses, bus fleets, bus- follows: ADA—The Federal share is 90 needs and the large backlog of transit related facilities and equipment of percent for the cost of vehicle-related assets needing repair or replacement, applicants in its award of State of Good equipment or facilities attributable to the FTA proposed a $10.7 billion Bus Repair Bus grants. compliance with the ADA of 1990 (42 and Rail State of Good Repair formula III. Eligibility Information U.S.C. 12101 et seq); CAA—The Federal program in the President’s FY 2012 share is 90 percent for the cost of budget. In advance of the A. Eligible Proposers vehicle related equipment or facilities implementation of this program, this Eligible proposers and eventual grant (including clean-fuel or alternative-fuel notice makes available up to $750 applicants under this initiative are vehicle related equipment or facilities) million in FY 2011 Section 5309 bus Direct Recipients under the Section attributable to compliance with the CAA and bus discretionary program resources 5307 Urbanized Area Formula program, (42 U.S.C. 7401 et seq). For for a ‘‘State of Good Repair Bus’’ (SGR States, and Indian Tribes. Proposals for administrative simplicity, FTA allows Bus) grant initiative. funding eligible projects in rural recipients to compute the Federal share

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at 83 percent for eligible ADA and CAA components of independent utility GRANTS.GOV found any issues with vehicle purchases. The 83 percent clearly identified. the submitted application. As an Federal share does not apply to b. Address each of the evaluation additional notification, FTA’s system facilities. The award recipient must criteria separately, demonstrating how will notify the applicant if there are any itemize the cost of specific, discrete, the project responds to each criterion. problems with the submitted facility-related items being purchased to c. Provide a line-item budget for the Supplemental FTA Form. If making a be in compliance with the ADA or the total project, with enough detail to resubmission for any reason, include all CAA. The Federal share is 90 percent of describe the various key components of original attachments regardless of which the cost for these itemized elements. the project. As FTA may elect to only attachments were updated. Complete A Federal share of 90 percent may partially fund some project proposals, instructions on the application process also be applied to projects to provide the budget should provide for the can be found http://www.fta.dot.gov/ access for bicycles to public minimum amount necessary to fund bus. Important: FTA urges applicants to transportation facilities, to provide specific project components of submit their applications at least 72 shelters and parking facilities for independent utility. hours prior to the due date to allow time bicycles in or around public d. Provide the Federal amount to receive the validation message and to transportation facilities, or to install requested. correct any problems that may have equipment for transporting bicycles on e. Document the matching funds, caused a rejection notification. public transportation vehicles. including amount and source of the Submissions after July 29, 2011 will not The FY 2011 Appropriations Act match, demonstrating strong local or be accepted. private sector financial participation in allows a 90 percent Federal share for the D. Funding Restrictions total cost of a biodiesel bus. The Act the project. also allows a 90 percent Federal share f. Provide support documentation, Only proposals from eligible for the net capital cost of factory including financial statements, bond- recipients for eligible activities will be installed or retrofitted hybrid electric ratings, and documents supporting the considered for funding (see Section III). propulsion systems and any equipment commitment of non-federal funding to Due to funding limitations, proposers related to such a system. For the project, or a timeframe upon which that are selected for funding may receive administrative simplicity, FTA allows those commitments would be made. less than the amount originally g. Provide a project time-line, recipients to compute the Federal share requested. including significant milestones such as at 83 percent for eligible vehicle the date anticipated to issue a request E. Other Submission Requirements purchases. for proposals for vehicles, or contract for Proposers should submit three (3) IV. Proposal Submission Information purchase of vehicle(s), and actual or copies of any supplemental information expected delivery date of vehicles, or that cannot be submitted electronically A. Proposal Submission Process notice of request for proposal and notice to the appropriate regional office. Project proposals must be submitted to proceed for capital construction/ Supplemental information submitted in electronically through http:// rehabilitation projects. hardcopy must be postmarked by July www.grants.gov. Mail and fax 29, 2011. submissions will not be accepted except C. Submission Dates and Times V. Proposal Review, Selection, and for supplemental information that Complete proposals for the State of Notification cannot be sent electronically. Good Repair initiative must be submitted electronically through the A. Project Evaluation Criteria B. Proposal Content GRANTS.GOV Web site by July 29, Projects will be evaluated by FTA 1. Proposal Information 2011. Applicants are encouraged to based on the proposals submitted Proposals should provide basic begin the process of registration on the according to the following criteria. Each sponsor identifying information, GRANTS.GOV site well in advance of proposer is encouraged to demonstrate including: the submission deadline. Registration is the responsiveness of a project to all of a. Proposer’s name and FTA recipient a multi-step process, which may take the selection criteria with the most ID number. several weeks to complete before an relevant information that the proposer b. Contact information for notification application can be submitted. In can provide, regardless of whether such of project selection (including contact addition to the Mandatory SF424 Form information has been specifically name, title, address, congressional that will be downloaded from requested, or identified, in this notice. district, email, fax and phone number). GRANTS.GOV, FTA requires applicants FTA will assess the extent to which a c. A general description of services to complete the Supplemental FTA project addresses the following criteria. provided by the agency including Form (Applicant and Proposal Profile) 1. Planning and prioritization at the ridership, fleet size, areas served, etc. for this initiative. The supplemental local/regional level: d. A description of the agency’s form provides guidance and a consistent a. Project is consistent with the transit technical, legal, and financial capacity format for applicants to respond to the priorities identified in the long range to implement the proposed project. criteria outlined in this NOFA and plan and/or contingency/illustrative Some of this information is included in described in detail on the FTA Web site projects. Proposer should note if project Standard Form 424 when applying at the program Web site; http:// could not be included in the financially through GRANTS.GOV. www.fta.dot.gov/bus. Applicants must constrained Transportation use this Supplemental Form and attach Improvement Program (TIP)/Statewide 2. Project Information it to their submission in GRANTS.GOV Transportation Improvement Program Every proposal must: to successfully complete the application (STIP) due to lack of funding (if a. Describe concisely, but completely, process. Within 24–48 hours after selected, project must be in TIP before the project scope to be funded. As FTA submitting an electronic application, the grant award). may elect to only partially fund some applicant should receive an e-mail b. Local support is demonstrated by project proposals (see below), the scope validation message from GRANTS.GOV. availability of local match and letters of should be ‘‘scalable’’ with specific The validation will state whether support for project.

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c. In an area with more than one If asset management system 2. Planning transit operator, the proposal development or upgrades are proposed, demonstrates coordination with, and the proposal shall describe, as Applicants are encouraged to notify support of, other transit operators, or applicable, the system element(s) the the appropriate State Departments of other related projects within the proposer is seeking to improve; Transportation and MPO in areas likely proposer’s Metropolitan Planning including: to be served by the project funds made Organization (MPO) or the geographic a. How asset management plans/ available under this program. region within which the proposed systems will be developed or upgraded. Incorporation of funded projects in the project will operate. b. How asset inventories will be long-range plans and transportation 2. The project is ready to implement: maintained physically and fiscally. improvement programs of States and a. Project is a Categorical Exclusion c. How assets initial condition will be metropolitan areas is required of all (CE) or required environmental work assessed. funded projects. has been initiated or completed for d. How assets will be inspected and 3. Standard Assurances construction projects requiring an monitored, and at what frequency. Environmental Assessment (EA) or e. How logistical decision support The applicant assures that it will Environmental Impact Statement (EIS). tools (including options and tradeoff comply with all applicable Federal b. Project implementation plans are analysis) will be used in the proposer’s statutes, regulations, executive orders, complete, including initial design of day-to-day operations. FTA circulars, and other Federal facilities projects. f. Demonstrated long-term financial administrative requirements in carrying c. TIP/STIP can be amended and management commitment of the out any project supported by the FTA (evidenced by MPO/State endorsement). proposer to using the asset management grant. The applicant acknowledges that d. Project funds can be obligated and system. the project implemented quickly, if it is under a continuing obligation to selected. B. Review and Selection Process comply with the terms and conditions of the grant agreement issued for its 3. Technical, legal, and financial Proposals will be evaluated by a project with FTA. The applicant capacity to implement the particular technical evaluation committee. The project proposed: FTA Administrator will determine the understands that Federal laws, a. The proposer has the technical final selection and amount of funding regulations, policies, and administrative capacity to administer the project. for each project. Selected projects will practices might be modified from time b. There are no outstanding legal, be announced in September or October to time and may affect the technical, or financial issues with the 2011. FTA will publish the list of all implementation of the project. The grantee that would make this a high-risk selected projects and funding levels in applicant agrees that the most recent project to implement quickly. the Federal Register and notify Federal requirements will apply to the c. The proposer has adequate successful applicants. project, unless FTA issues a written financial systems in place and has determination otherwise. The applicant identified the source of local match if VI. Award Administration must submit the Certifications and selected (no deferred local share will be A. Award Notices Assurances before receiving a grant if it allowed). does not have current certifications on In addition, for each of the project FTA will award grants for the selected file. types below, the following criteria will projects to the proposer through the apply: FTA electronic grants management and C. Reporting 1. For bus projects: award system, TEAM, after receipt of a a. The age of the asset to be replaced complete application in TEAM. These Post-award reporting requirements or rehabilitated by the proposed project, grants will be administered and include submission of Financial Status relative to its useful life. managed by the FTA regional offices in Reports and Milestone Reports in TEAM b. The degree to which the proposed accordance with the Federal on a quarterly basis for all projects. project addresses a demonstrated and requirements of the Section 5309 Bus Documentation is required for payment. verifiable backlog of deferred program. At the time the project In addition, project sponsors receiving maintenance. selections are announced, FTA will grants for asset management systems c. Consistency with the proposer’s bus extend pre-award authority for the and innovative technologies may be fleet management plan. selected projects. There is no blanket required to report on the performance of d. Condition and performance of the pre-award authority for these projects these systems and technologies. asset to be replaced by the proposed before announcement. VII. Agency Contacts project, as ascertained through field B. Administrative and National Policy inspections or otherwise, if available. Contact the appropriate FTA Regional Requirements e. The project conforms to FTA’s Administrator (Appendix A) for spare ratio guidelines. 1. Grant Requirements proposal specific information and 2. For bus facility and equipment If selected, applicants will apply for a issues. For information on the SGR Bus projects: and Bus Facilities Initiative, contact a. The age of the asset to be grant through TEAM and adhere to the Kimberly Sledge, Office of Program rehabilitated or replaced relative to its customary FTA grant requirements of Management, (202) 366–2053, e-mail: useful life. the Section 5309 Bus and Bus Facilities [email protected]. A TDD is b. The degree to which proposed program, including those of FTA available at 1–800–877–8339 (TDD/ project addresses a demonstrated and Circular 9300.1B and Circular 5010.1D FIRS). verifiable backlog of deferred and 49 U.S.C. 5333(b) labor protections. maintenance. All discretionary grants, regardless of Issued in Washington, DC this 21st day of c. Supports emerging or advanced award amount, will be subject to the June, 2011. technologies for transit facilities and Congressional Notification and release Peter Rogoff, process. Technical assistance regarding equipment. Administrator. 3. For transit asset management these requirements is available from system projects: each FTA regional office. Appendix A

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FTA REGIONAL AND METROPOLITAN OFFICES

Mary Beth Mello, Regional Administrator, Region 1—Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode, Island, and Vermont. Texas. Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 212–668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2—New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Letitia Thompson, Regional Administrator, Region 3—Philadelphia, Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. West Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720– 215–656–7100. 963–3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and, Wyoming. Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, D.C. Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006, Tel. 202–219–3562. Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, tree Street, NW., Suite 800, Atlanta, GA 30303, Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North, States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Is- Nevada, and the Northern Mariana, Islands. lands. Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952. Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

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[FR Doc. 2011–15918 Filed 6–23–11; 8:45 am] otherwise consult with members of the noncompliance. Also, the manufacturer BILLING CODE P public and affected agencies concerning of each such motor vehicle item of each proposed collection of information. replacement equipment presented for The OMB has promulgated regulations remedy pursuant to such notification DEPARTMENT OF TRANSPORTATION describing what must be included in shall cause such defect or such a document. Under OMB’s noncompliance to be remedied without National Highway Traffic Safety regulation (at 5 CFR 1320.8(d), an charge. In the case of a motor vehicle Administration agency must ask for public comment on presented for remedy pursuant to such [U.S. DOT Docket Number NHTSA–2011– the following: notification, the manufacturer shall 0084] (i) Whether the proposed collection of cause the vehicle remedied by information is necessary for the proper whichever of the following means he Reports, Forms, and Recordkeeping performance of the functions of the elects: (1) By repairing such vehicle; (2) Requirements agency, including whether the by replacing such motor vehicle without information will have practical utility; charge; or (3) by refunding the purchase AGENCY: National Highway Traffic (ii) The accuracy of the agency’s price less depreciation. To ensure these Safety Administration (NHTSA), estimate of the burden of the proposed objectives are being met, NHTSA audits Department of Transportation. collection of information, including the recalls conducted by manufacturer. ACTION: Request for public comment on validity of the methodology and These audits are performed on a proposed collection of information. assumptions used; randomly selected number of vehicle (iii) How to enhance the quality, owners for verification and validation SUMMARY: Before a Federal agency can utility, and clarity of the information to purposes. collect certain information from the be collected; public, it must receive approval from Estimated Annual Burden: 36,380 (iv) How to minimize the burden of hours. the Office of Management and Budget the collection of information on those Estimated Number of Respondents: (OMB). Under procedures established who are to respond, including the use 239,000. by the Paperwork Reduction Act of of appropriate automated, electronic, 1995, before seeking OMB approval, mechanical, or other technological (2) Title: Replaceable Light Source Federal agencies must solicit public collection techniques or other forms of Dimensional Information Collection, 49 comment on proposed collections of information technology, e.g. permitting CFR Part 564 information, including extensions and electronic submission of responses. OMB Number: 2127–0563. reinstatement of previously approved In compliance with these Type of Request: Extension of a collections. requirements, NHTSA asks for public currently approved collection. This document describes one comments on the following proposed collection of information for which collections of information: Affected Public: Business or other for NHTSA intends to seek OMB approval. profit organizations. (1) Title: Consumer Compliant/Recall Abstract: The information to be DATES: Written comments should be Audit Information submitted by August 23, 2011. collected is in response to 49 CFR part OMB Control Number: 2127–0008. 564, ‘‘Replaceable Light Source ADDRESSES: You may submit comments Affected Public: Individuals and Dimensional Information.’’ Persons [identified by Docket No. DOT– households. desiring to use newly designed NHTSA–20XX–XXXX] through one of Abstract: Chapter 301 of Title 49 of replaceable headlamp light sources are the following methods: • the United States Code, the Secretary of required to submit interchangeability Federal eRulemaking Portal: http:// Transportation is authorized to require and performance specifications to the www.regulations.gov. Follow the online manufacturers of motor vehicles and agency. After a short agency review to instructions for submitting comments. • items of motor vehicle equipment to assure completeness, the information is Mail or Hand Delivery: Docket conduct owner notification and remedy, placed in a public docket for use by any Management Facility, U.S. Department i.e., a recall campaign, when it has been person who would desire to of Transportation, 1200 New Jersey determined that a safety defect exists in manufacture headlamp light sources for Avenue, SE., West Building, Room the performance, construction, highway motor vehicles. In Federal W12–140, Washington, DC 20590, components, or materials in motor Motor Vehicle Safety Standard No. 108, between 9 a.m. and 5 p.m., Monday vehicles and motor vehicle equipment. Lamps, reflective devices and associated through Friday, except on Federal To make this determination, the equipment,’’ Part 564 submission are holidays. Telephone 1–800–647–5527. • National Highway Traffic Safety referenced as being the source of Fax 202–493–2251. Administration (NHTSA) solicits information regarding the performance FOR FURTHER INFORMATION CONTACT: information from vehicle owners which and interchangeability information for Walter Culbreath, NHTSA, 1200 New is used to identify and evaluate possible legal headlamp light sources, whether Jersey Avenue, SE., W51–204, NPO– safety-related defects and provide the original equipment or replacement 400, Washington, DC 20590. Mr. necessary evidence of the existence of equipment. Thus, the submitted Culbreath’s telephone number is (202) such a defect. Under the Authority of information about headlamp light 366–1566. Please identify the relevant Chapter 301 of Title 49 of the United sources becomes the basis for collection of information by referring to States Code, the Secretary of certification of compliance with safety its OMB Control Number. Transportation is authorized to require standards. SUPPLEMENTARY INFORMATION: Under the manufacturers of motor vehicle and Estimated Total Annual Burden: 28. Paperwork Reduction Act of 1995, motor vehicle equipment which do not Estimated Number of Respondents: 7. before an agency submits a proposed comply with the applicable motor (3) Title: Compliance Labeling of collection of information to OMB for vehicle safety standards or contains a Retroreflective Materials Heavy Trailer approval, it must first publish a defect that relates to motor vehicle Conspicuity document in the Federal Register safety to notify each owner that their providing a 60-day comment period and vehicle contains a safety defect or OMB Number: 2127–0569.

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Type of Request: Extension of a and trailers. It also aids smaller trailer year phase-in of FMVSS No. 126. As currently approved collection. manufacturers in certifying compliance part of a comprehensive plan for Affected Public: Business or other for of their products. reducing the serious risk of rollover profit organizations. The FHWA will not be able to crashes and the risk of death and serious Abstract: Federal Motor Vehicle determine whether trailers are properly injury in those crashes, NHTSA is Safety Standard No. 108, ‘‘Lamps equipped during roadside inspections proposing to establish a new Federal Reflective Devices, and Associated without labeling. The use of cheaper motor vehicle safety standard, FMVSS Equipment,’’ specifies requirements for and more common reflective materials, No. 126, to require electronic stability vehicle lighting for the purposes of which are ineffective for the control (ESC) systems on passenger cars, reducing traffic accidents and their application, would be expected in multipurpose vehicles, trucks and buses tragic results by providing adequate repairs without the labeling with a gross vehicle weight rating of roadway illumination, improved vehicle requirement. 4,536 Kg (10,000 pounds) or less. Based conspicuity, appropriate information Estimated Total Annual Burden: 1. on its crash data studies, NHTSA transmission through signal lamps, in Estimated Number of Respondents: 3. estimates that the installation of ESC both day, night, and other conditions of will reduce single vehicle crashes of reduced visibility. For certifications and (4) Title: 49 CFR Part 576, Record Retention passenger cars by 34% and single identification purposes, the Standard vehicle crashes of sport utility vehicles requires the permanent marking of the OMB Number: 2127–0042. (SUVs) by 59% with a much greater letters ‘‘DOT–C2,’’ DOT–C3’’, or DOT Type of Request: Extension of a reduction of rollover crashes. –C4’ at least 3mm high at regular currently approved information Affected Public: Private Sector. intervals on retroreflective sheeting collection. Estimated Total Annual Burden: 42. material having adequate performance Abstract: Under 49 U.S.C. Section Estimated Number of Respondents: to provide effective trailer conspicuity. 30166(e), NHTSA reasonably may 21. The manufacturers of new tractors require a manufacturer of a motor and trailers are required to certify that vehicle or motor vehicle equipment to (6) Title: Racial Profiling, State Traffic their products are equipped with keep records, and a manufacturer, Data, and Child Booster Seat Grant retroreflective material complying with distributor, or dealer to make reports, to Program the requirements of the standard. The enable (NHTSA) to decide whether the OMB Number: 2127–0653. Federal Highway Administration manufacturer, distributor or dealer has Type of Request: Extension of a (FHWA) Office of Motor Carrier Safety complied or is complying with this currently approved information enforces this and other standards chapter or a regulation prescribed under collection through roadside inspections of trucks. this chapter. Abstract: The Safe, Accountable, There is no practical field test for the 49 U.S.C. 30118(c) requires Flexible, Efficient Transportation Equity performance requirements, and labeling manufacturers to notify NHTSA and Act: A Legacy for Users (SAFETEA–LU), is the only objectives way of owners, purchasers, and dealers if the Public Law 109–59, authorizes several distinguishing trailer conspicuity grade manufacturer (1) learn that any vehicle grant programs covering fiscal years material from lower performance or equipment manufactured by it (FY) 2006–2009, to be administered by material. Without labeling, FHWA will contains a defect and decides in good the National Highway Traffic Safety not be able to enforce the performance faith that the defect relates to motor Administration (NHTSA). This requirements of the standard and the vehicle safety, or (2) decides in good information collection supports the compliance testing of new tractors and faith that the vehicle or equipment does Department’s Strategic goal of safety by trailers will be complicated. Labeling is not comply with an applicable Federal reducing the number of deaths and also important to small trailer motor vehicle safety standard. The only severity of injuries as a result of motor manufactures because it may help them way for the agency to decide if and vehicle accidents. Section 1906 to certify compliance. Because wider when a manufacturer learned of a authorizes a grant program for States stripes or material of lower brightness safety-related defect or decided in good that enact and enforce a law that also can provide the minimum safety faith that some products did not comply prohibits the use of racial profiling in performance, the marking system serves with an applicable Federal motor the enforcement of traffic laws on the additional role of identifying the vehicle safety standard is for the agency Federal-aid highways. Section 2006 minimum stripe width required for to have access to the information authorizes a grant program to support retroreflective brightness of the available to the manufacturer. the development and implementation of particular material. Since the Affected Public: Business or other-for- State traffic safety information systems. differences between the brightness profit, individuals or households. Section 2011 authorizes a grant program grades of suitable retroreflective Estimated Total Annual Burden: for child safety seats and child booster conspicuity material is not obvious from 40,000. seats. inspection, the marking system is Estimated Number of Respondents: Affected Public: State, Local, and necessary for tractor and trailer 1020. Tribal Governments. manufacturers and repair shops to Estimated Total Annual Burden: assure compliance and for FHWA to (5) Title: Phase-in Production Reporting 5130. inspect tractors and trailers in use. Requirements for Electronic Stability Estimated Number of Respondents: Permanent labeling is used to identify Control System (ESC) 57. retroreflective material having the OMB Number: 2127–0651. Comments are invited on: whether the minimum properties required for Type of Request: Extension of a proposed collection of information is effective conspicuity of trailers at night. currently approved information necessary for the proper performance of The information enables the FHWA to collection. the functions of the Department, make compliance inspections, and it Abstract: Manufacturers of vehicles including whether the information will aids tractor and trailer owners and under 10,000 lbs GVWR are required to have practical utility; the accuracy of repairs shops in choosing the correct report what percent of their vehicles are the Department’s estimate of the burden repair materials for damaged tractors equipped with ESC during each of a 3- of the proposed information collection;

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ways to enhance the quality, utility and Technology Administration (RITA) of TxDOT certifies that its projected clarity of the information to be the U.S. Department of Transportation annual revenues as a result of this collected; and ways to minimize the (U.S. DOT) to enter into grants and transaction will not exceed those that burden of the collection of information cooperative agreements to conduct would qualify it as a Class III rail carrier on respondents, including the use of research into transportation service and and will not exceed $5 million. automated collection techniques or infrastructure assurance and to carry out The proposed transaction is other forms of information technology. other research activities of RITA. The scheduled to be consummated on or Issued on: June 21, 2011. UTC Program will adhere to the after July 8, 2011, the effective date of Dan Pitton, structure and criteria outlined in the exemption (30 days after the Director; Office of Mission, Architect, and SAFETEA–LU for competitive UTC exemption was filed). Planning. Program grants. If the verified notice contains false or [FR Doc. 2011–15843 Filed 6–23–11; 8:45 am] Issued in Washington, DC, on June 17, misleading information, the exemption is void ab initio. Petitions to revoke the BILLING CODE 4910–59–P 2011. Curtis J. Tompkins, exemption under 49 U.S.C. 10502(d) Acting Associate Administrator for Research, may be filed at any time. The filing of DEPARTMENT OF TRANSPORTATION Development and Technology. a petition to revoke will not automatically stay the effectiveness of [FR Doc. 2011–15688 Filed 6–23–11; 8:45 am] Research and Innovative Technology the exemption. Stay petitions must be Administration BILLING CODE 4910–HY–P filed no later than July 1, 2011 (at least 7 days before the exemption becomes Notice of Competition for University DEPARTMENT OF TRANSPORTATION effective). Transportation Centers (UTC) Program An original and 10 copies of all Grants Surface Transportation Board pleadings, referring to Docket No. FD 35493, must be filed with the Surface AGENCY: Research and Innovative [Docket No. FD 35493] Technology Administration, DOT. Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In ACTION: Notice. Texas Department of Transportation— Acquisition Exemption—Line of Union addition, a copy of each pleading must SUMMARY: The Research and Innovative Pacific Railroad Company be served on Richard H. Streeter, 5255 Technology Administration (RITA) of Partridge Lane, NW., Washington, DC the U.S. Department of Transportation Texas Department of Transportation 20016. (U.S. DOT) is providing notice that it (TxDOT), a Class III rail carrier, has filed Board decisions and notices are intends to conduct a competition for a supplemental verified notice of available on our Web site at http:// University Transportation Centers exemption 1 under 49 CFR 1150.41 to www.stb.dot.gov. (UTC) Program grants for the purpose of acquire from Union Pacific Railroad Decided: June 20, 2011. Company (UP) 1.28 miles of rail line on performing multi-modal and By the Board, Rachel D. Campbell, multidisciplinary research, education UP’s Bonham Subdivision between Director, Office of Proceedings. and technology transfer activities mileposts 127.5 and 128.78, in Fannin Andrea Pope-Matheson, supportive of Departmental priorities. County, TX. Proposals will be evaluated through a TxDOT states that it has reached an Clearance Clerk. competitive process on the basis of agreement with UP whereby TxDOT [FR Doc. 2011–15864 Filed 6–23–11; 8:45 am] demonstrated ability, research, will acquire UP’s right, title, and BILLING CODE 4915–01–P technology and education resources, interest in certain personal and real leadership, multi-modal research property in Fannin County. TxDOT capability, commitment to further states that it will also enter into DEPARTMENT OF TRANSPORTATION an agreement with the Fannin Rural Rail transportation workforce development Surface Transportation Board programs, technology transfer Transportation District (FRRTD) that capability, the use of peer review, and will permit FRRTD or its operator to effective partnerships to advance conduct tourist passenger operations [Docket No. EP 290 (Sub-No. 5) (2011–3)] 2 diversity. between mileposts 94.0 and 128.78. Quarterly Rail Cost Adjustment Factor The Research and Innovative A related verified notice of exemption Technology Administration RITA will was concurrently filed in Docket No. FD AGENCY: Surface Transportation Board, release a detailed notice for these funds. 35494, Mid-Michigan Railroad, Inc., d/ DOT. FOR FURTHER INFORMATION CONTACT: b/a Texas Northeastern Railroad— ACTION: Approval of rail cost adjustment Curtis Tompkins, Office of Research, Trackage Rights Exemption—Texas factor. Development and Technology, mail Department of Transportation, whereby, code RDT–30, Research and Innovative following consummation of this SUMMARY: The Board has approved the Technology Administration RITA, 1200 transaction, TxDOT will grant trackage third quarter 2011 Rail Cost Adjustment New Jersey Avenue, SE., Washington, rights to Mid-Michigan Railroad, Inc., d/ Factor (RCAF) and cost index filed by DC 20590. Telephone Number (202) b/a Texas Northeastern Railroad to the Association of American Railroads. 366–5661 or E-mail perform freight rail service over the line. The third quarter 2011 RCAF [email protected]. (Unadjusted) is 1.206. The third quarter 1 The notice was originally submitted on June 3, SUPPLEMENTARY INFORMATION: The Safe, 2011 RCAF (Adjusted) is 0.534. The 2011, but was supplemented on June 8, 2011. third quarter 2011 RCAF–5 is 0.506. Accountable, Flexible, Efficient Therefore, June 8, 2011 will be the official filing Transportation Equity Act: A Legacy for date and the basis for all due dates. DATES: Effective Date: July 1, 2011. Users (SAFETEA–LU, Pub. L. 109–59 2 TxDOT was authorized to acquire UP’s interest FOR FURTHER INFORMATION CONTACT: in a connecting rail line between mileposts 94.0 and section 7301, as amended by Pub. L. 127.5. See State of Texas, acting by and through the Pedro Ramirez, (202) 245–0333. Federal 110–244) authorizes the Administrator Texas Depart. of Transp.—Acq. Exemp.—Union Information Relay Service (FIRS) for the of the Research and Innovative Pacific RR, FD 34834 (STB served Feb. 24, 2006). hearing impaired: (800) 877–8339.

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SUPPLEMENTARY INFORMATION: the trackage rights, TxDOT will lease agreed to grant overhead trackage rights Additional information is contained in the line to an operator that will provide to Lake Providence Port Commission the Board’s decision, which is available tourist passenger operations.4 (Lake Providence) over approximately on our Web site, http://www.stb.dot.gov. The proposed transaction is 1.25 miles of rail line between milepost Copies of the decision may be scheduled to be consummated on or 471.0 (Highway Barn near Lake purchased by contacting the Office of after July 8, 2011, the effective date of Providence) and milepost 472.25 in East Public Assistance, Governmental the exemption (30 days after the Carroll Parish, La., where the trackage Affairs, and Compliance at (202) 245– exemption was filed). rights line connects with a private side 0236. Assistance for the hearing As a condition to this exemption, any track and lead track owned by Lake impaired is available through FIRS at employees affected by the trackage Providence that allow rail service to the (800) 877–8339. rights will be protected by the warehouses and dock at the Port. This action will not significantly conditions imposed in Norfolk & affect either the quality of the human Western Railway—Trackage Rights— The purpose of the transaction is to environment or energy conservation. Burlington Northern, Inc., 354 I.C.C. 605 allow Lake Providence to connect its private tracks at the Port with a line it Decided: June 20, 2011. (1978), as modified in Mendocino Coast will acquire from DSR. See Delta By the Board, Chairman Elliott, Vice Railway—Lease & Operate—California Chairman Begeman, and Commissioner Western Railroad, 360 I.C.C. 653 (1980). Southern R.R.—Aban. Exemption—in E. Mulvey. This notice is filed under 49 CFR Carroll Parish, La., AB 384 (Sub-No. 2X) Andrea Pope-Matheson, 1180.2(d)(7). If the notice contains false (STB served June 7, 2011). Clearance Clerk. or misleading information, the The transaction is scheduled to be [FR Doc. 2011–15781 Filed 6–23–11; 8:45 am] exemption is void ab initio. Petitions to consummated after July 10, 2011, the revoke the exemption under 49 U.S.C. BILLING CODE 4915–01–P effective date of the exemption (30 days 10502(d) may be filed at any time. The after the exemption was filed). filing of a petition to revoke will not As a condition to this exemption, any DEPARTMENT OF TRANSPORTATION automatically stay the effectiveness of the exemption. Stay petitions must be employees affected by the trackage Surface Transportation Board filed by July 1, 2011 (at least 7 days rights will be protected by the before the exemption becomes conditions imposed in Norfolk & [Docket No. FD 35494] effective). Western Railway—Trackage Rights— Mid-Michigan Railroad, Inc., d/b/a An original and 10 copies of all Burlington Northern, Inc., 354 I.C.C. 605 Texas Northeastern Railroad— pleadings, referring to Docket No. FD (1978), as modified in Mendocino Coast Trackage Rights Exemption—Line of 35494, must be filed with the Surface Railway—Lease & Operate—California Texas Department of Transportation Transportation Board, 395 E Street, SW., Western Railroad, 360 I.C.C. 653 (1980). Washington, DC 20423–0001. In Pursuant to a written trackage rights This notice is filed under 49 CFR addition, a copy of each pleading must 1180.2(d)(7). If the notice contains false agreement,1 the Texas Department of be served on Richard H. Streeter, 5255 or misleading information, the Transportation (TxDOT), a Class III rail Partridge Lane, NW., Washington, DC exemption is void ab initio. Petitions to carrier, has agreed to grant local 20016. revoke the exemption under 49 U.S.C. trackage rights to Mid-Michigan Board decisions and notices are Railroad, Inc., d/b/a Texas Northeastern available on our Web site at http:// 10502(d) may be filed at any time. The Railroad (TNER) over 1.28 miles of rail www.stb.dot.gov. filing of a petition to revoke will not line, part of Union Pacific Railroad automatically stay the effectiveness of Company’s (UP) Bonham Subdivision, Decided: June 20, 2011. the exemption. Stay petitions must be between mileposts 127.5 and 128.78, in By the Board, Rachel D. Campbell, filed by July 1, 2011 (at least 7 days Fannin County, TX.2 A related verified Director, Office of Proceedings. before the exemption becomes notice of exemption was concurrently Andrea Pope-Matheson, effective). filed in Docket No. FD 35493, Texas Clearance Clerk. An original and 10 copies of all Department of Transportation— [FR Doc. 2011–15855 Filed 6–23–11; 8:45 am] pleadings, referring to Docket No. FD Acquisition Exemption—Line of Union BILLING CODE 4915–01–P Pacific Railroad Company, in which 35531, must be filed with the Surface TxDOT seeks to acquire from UP the Transportation Board, 395 E Street, SW., 1.28 miles of rail line that is the subject DEPARTMENT OF TRANSPORTATION Washington, DC 20423–0001. In of this transaction. addition, a copy of each pleading must The purpose of the trackage rights is Surface Transportation Board be served on Eric M. Hocky, Thorp Reed to provide rail service to potential [Docket No. FD 35531] & Armstrong, LLP, One Commerce customers in Bonham, TX, that were Square, 2005 Market Street, Suite 1000, capable of being served by TNER Lake Providence Port Commission— Philadelphia, PA 19103. pursuant to a lease of the subject line Trackage Rights Exemption—Delta Board decisions and notices are 3 from UP. TNER will operate its own Southern Railroad, Inc. available on our Web site at http:// trains with its own crews under the www.stb.dot.gov. trackage rights agreement. In addition to Pursuant to a written trackage rights agreement dated May 26, 2011, Delta Decided: June 20, 2011. 1 A copy of the trackage rights agreement was Southern Railroad, Inc. (DSR), has By the Board, Rachel D. Campbell, submitted with the notice of exemption. Director, Office of Proceedings. 2 The notice was originally submitted on June 3, 4 At Article 1(b) of the trackage rights agreement, Andrea Pope-Matheson, 2011, but was supplemented on June 8, 2011. TxDOT states that it will ‘‘give priority to TNER’s Therefore, June 8, 2011 will be the official filing freight train operations.’’ TxDOT must ensure that Clearance Clerk. date and the basis for all due dates. tourist train operations do not interfere with [FR Doc. 2011–15732 Filed 6–22–11; 8:45 am] 3 As part of this transaction, TNER advises that TNER’s ability to carry out its common carrier the UP–TNER lease will be terminated. obligation. BILLING CODE 4915–01–P

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DEPARTMENT OF THE TREASURY ACTION: Notice of Alteration of Privacy of the Department to assess the quality Act System of Records for the Home of services provided under HAMP, their Submission for OMB Review; Affordable Modification Program. efficient administration, and to report Comment Request on the program’s overall execution. SUMMARY: The U.S. Department of the The purpose of this alteration to June 21, 2011. Treasury gives notice of a proposed Routine Use (13) is to allow broader The Department of Treasury will alteration to the system of records disclosure of information to the submit the following public information entitled ‘‘Treasury/DO .218—Home Department of Commerce collection requirement(s) to OMB for Affordable Modification Program.’’ (‘‘Commerce’’), which will provide review and clearance under the DATES: Comments should be received no technical analysis and support to the Paperwork Reduction Act of 1995, later than July 25, 2011. The proposed Department of the Treasury to assess the Public Law 104–13 on or after the date routine use will be effective August 3, quality of services provided under of publication of this notice. Copies of 2011 unless the Department receives HAMP and to report on the program’s the submission(s) may be obtained by comments that would result in a overall execution. calling the Treasury Bureau Clearance contrary determination. Additionally, the Department Officer listed. Comments regarding this ADDRESSES: Comments should be sent to proposes adding a new Routine Use information collection should be the Deputy Assistant Secretary Fiscal (16), to read as follows: addressed to the OMB reviewer listed Operations and Policy, Department of ‘‘(16) Disclose information to an and to the Treasury Department the Treasury, 1500 Pennsylvania authorized recipient who has assured Clearance Officer, Department of the Avenue, NW., Washington, DC 20220. the Department or a Financial Agent of Treasury, Room 11010, 1750 The Department will make such the Department in writing that the Pennsylvania Avenue, NW., comments available for public record will be used solely for research Washington, DC 20220. inspection and copying in the purposes designed to assess the quality DATES: Written comments should be Department’s Library, Room 1428, Main of and efficient administration of received on or before July 25, 2011 to be Treasury Building, 1500 Pennsylvania HAMP, subject to the same or assured of consideration. Avenue, NW., Washington, DC 20220, equivalent limitations applicable to the Financial Crimes Enforcement Network on official business days between the Department’s officers and employees (FinCEN) hours of 10 a.m. and 5 p.m. Eastern under the Privacy Act.’’ Time. You can make an appointment to The report of an altered system of OMB Number: 1506–0013. inspect comments by telephoning (202) records, as required by 5 U.S.C. 552a(r) Type of Review: Revision of a 622–0990 (This is not a toll-free of the Privacy Act, has been provided to currently approved collection. number). All comments, including the Committee on Oversight and Title: Registration of Money Services attachments and other supporting Government Reform of the House of Business, 31 CFR 1022.380. materials, received are part of the public Representatives, the Committee on Form: FinCEN Form 107. record and subject to public disclosure. Abstract: Money services businesses Homeland Security and Governmental You should submit only information file Form 107 to register with the Affairs of the Senate, and the Office of that you wish to make available Department of the Treasury pursuant to Management and Budget. publicly. 31 U.S.C. 5330 and 31 CFR 1022.380. For the reasons set forth in this The information on the form is used by FOR FURTHER INFORMATION CONTACT: preamble, the Department proposes to criminal investigators, and taxation and Theodore R. Kowalsky, Manager, Data & alter system of records entitled regulatory enforcement authorities, Information Technology, Office of ‘‘Treasury/DO .218—Home Affordable during the course of investigations Financial Agents, Department of the Modification Program,’’ as follows: involving financial crimes. Treasury, 1500 Pennsylvania Avenue, TREASURY/DO .218 Affected Public: Private Sector: NW., Washington, DC 20220, 202–927– Businesses or other for-profits. 9445 or at [email protected]. SYSTEM NAME: Estimated Total Burden Hours: SUPPLEMENTARY INFORMATION: The Home Affordable Modification 42,000. Department established the Home Program Records—Treasury/DO. Bureau Clearance Officer: Russell Affordable Modification Program * * * * * Stephenson, Department of the (HAMP), pursuant to the Emergency Treasury, Financial Crimes Enforcement Economic Stabilization Act of 2008 ROUTINE USES OF RECORDS MAINTAINED IN THE Network, P.O. Box 39, Vienna, VA (Pub. L. 110–343) (the ‘‘EESA’’), to SYSTEM, INCLUDING CATEGORIES OF USERS AND 22183; (202) 354–6012 enable eligible homeowners who have a THE PURPOSES OF SUCH USES: OMB Reviewer: Shagufta Ahmed, record of making timely mortgage * * * * * * * Office of Management and Budget, New payments, but are experiencing Description of changes: Executive Office Building, Room 10235, hardships in doing so, to modify the 1. The phrase ‘‘for the purpose of Washington, DC 20503; (202) 395–7873 principal amounts and interest rates of ensuring the efficient administration’’ in their mortgage loans. The system of Routine Use (8) is replaced with the Dawn D. Wolfgang, records notice was last published in its phrase ‘‘for the purpose of assessing the Treasury PRA Clearance Officer. entirety on April 20, 2010, at 75 FR quality of and efficient administration’’, [FR Doc. 2011–15779 Filed 6–23–11; 8:45 am] 20699. The Department subsequently such that Routine Use (8) is revised to BILLING CODE 4810–02–P amended routine use (13) on July 2, read as follows: ‘‘(8) Disclose 2010, at 75 FR 38608. information to a Financial Agent of the The purpose of this alteration to Department, its employees, agents, and DEPARTMENT OF THE TREASURY Routine Use (8) is to harmonize this contractors, or to a contractor of the Departmental Offices; Privacy Act of Routine Use with Routine Use (13), such Department, for the purpose of assessing 1974, as Amended that it will enable the Financial Agent the quality of and efficient of the Department, its employees, administration of HAMP and AGENCY: Departmental Offices, Treasury. agents, and contractors, or a contractor compliance with relevant guidelines,

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agreements, directives and FOR FURTHER INFORMATION CONTACT: (24791) have redomesticated from the requirements, and subject to the same or Surety Bond Branch at (202) 874–6850. state of Minnesota to the state of equivalent limitations applicable to SUPPLEMENTARY INFORMATION: Notice is Connecticut effective December 15, Department’s officers and employees hereby given that the Certificate of 2010. In addition, the above named under the Privacy Act;’’ Authority issued by the Treasury to companies have formally changed their 2. The phrase ‘‘the Department of Clearwater Insurance Company (NAIC# ‘‘Business Address’’ and phone number Commerce (‘‘Commerce’’),’’ is added to 25070) under 31 U.S.C. 9305 to qualify to: BUSINESS ADDRESS: One Tower Routine Use (13) between the phrases as an acceptable surety on Federal Square, Hartford, CT 06183. PHONE: ‘‘Housing and Urban Development,’’ bonds is terminated immediately. (860) 277–0111. and ‘‘Federal financial regulators’’, and Federal bond-approving officials should Federal bond-approving officials the phrase ‘‘to improve the quality’’ is annotate their reference copies of the should annotate their reference copies replaced with the phrase ‘‘to assess the Treasury Department Circular 570 of the Treasury Department Circular 570 quality and efficiency’’, such that (‘‘Circular’’), 2010 Revision, to reflect (‘‘Circular’’), 2010 Revision, to reflect Routine Use (13) is revised to read as this change. these changes. follows: ‘‘(13) Disclose information and With respect to any bonds, including The Circular may be viewed and statistics to the Department of Housing continuous bonds, currently in force downloaded through the Internet at & Urban Development, the Department with above listed company, bond- http://www.fms.treas.gov/c570. of Commerce (‘‘Commerce’’), Federal approving officer should secure new Questions concerning this notice may financial regulators, the U.S. bonds with acceptable sureties in those be directed to the U.S. Department of Department of Justice (‘‘DOJ’’), and the instances where a significant amount of the Treasury, Financial Management Federal Housing Finance Agency to liability remains outstanding. In Service, Financial Accounting and assess the quality and efficiency of addition, in no event, should bonds that Services Division, Surety Bond Branch, services provided under HAMP, to are continuous in nature be renewed. 3700 East-West Highway Room 6F01, ensure compliance with HAMP and The Circular may be viewed and Hyattsville, MD 20782. other laws, and to report on the downloaded through the Internet at Dated: June 16, 2011. program’s overall execution and http://www.fms.treas.gov/c570. Laura Carrico, progress;’’ Questions concerning this notice may Director, Financial Accounting and Services 3. The period ‘‘.’’ at the end of be directed to the U.S. Department of Division. Routine Use (15) is replaced with a the Treasury, Financial Management [FR Doc. 2011–15853 Filed 6–23–11; 8:45 am] semicolon ‘‘;’’ followed by the word Service, Financial Accounting and BILLING CODE 4810–35–M ‘‘and’’, and the following new Routine Services Division, Surety Bond Branch, Use is added at the end thereof: ‘‘(16) 3700 East-West Highway, Room 6F01, Disclose information to an authorized Hyattsville, MD 20782. DEPARTMENT OF THE TREASURY recipient who has assured the Dated: June 16, 2011. Department or a Financial Agent of the Laura Carrico, Internal Revenue Service Department in writing that the record Director, Financial Accounting and Services Proposed Collection; Comment will be used solely for research Division, Financial Management Service. purposes designed to assess the quality Request for Form 1099–R. [FR Doc. 2011–15851 Filed 6–23–11; 8:45 am] of and efficient administration of BILLING CODE 4810–35–M AGENCY: Internal Revenue Service (IRS), HAMP, subject to the same or Treasury. equivalent limitations applicable to the ACTION: Notice and request for Department’s officers and employees DEPARTMENT OF THE TREASURY comments. under the Privacy Act.’’ * * * * * Fiscal Service SUMMARY: The Department of the Treasury, as part of its continuing effort Dated: June 13, 2011. Surety Companies Acceptable on to reduce paperwork and respondent Melissa Hartman, Federal Bonds; Change in State of burden, invites the general public and Deputy Assistant Secretary for Privacy, Incorportation, Business Address and other Federal agencies to take this Transparency, and Records. Phone; St. Paul Fire and Marine opportunity to comment on proposed [FR Doc. 2011–15860 Filed 6–23–11; 8:45 am] Insurance Company; St. Paul Guardian and/or continuing information BILLING CODE 4810–25–P Insurance Company; St. Paul Mercury collections, as required by the Insurance Company Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. DEPARTMENT OF THE TREASURY AGENCY: Financial Management Service, Fiscal Service, Department of the 3506(c)(2)(A)). Currently, the IRS is Fiscal Service Treasury. soliciting comments concerning Form 1099–R, Distributions From Pensions, ACTION: Notice. Surety Companies Acceptable In Annuities, Retirement or Profit-Sharing Federal Bonds; Termination; SUMMARY: This is Supplement No. 11 to Plans, IRAs, Insurance Contracts, etc. Clearwater Insurance Company the Treasury Department Circular 570, DATES: Written comments should be 2010 Revision published July 1, 2010 at received on or before August 23, 2011 AGENCY: Financial Management Service, 75 FR 38192. to be assured of consideration. Fiscal Service, Department of the Treasury. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Direct all written comments Surety Bond Branch at (202) 874–6850. to, Yvette B. Lawrence, Internal ACTION: Notice. SUPPLEMENTARY INFORMATION: Notice is Revenue Service, Room 6129, 1111 SUMMARY: This is Supplement No. 12 to hereby given that St. Paul Fire and Constitution Avenue, NW., Washington, the Treasury Department Circular 570; Marine Insurance Company (24767), St. DC 20224. 2010 Revision, published July 1, 2010, Paul Guardian Insurance Company FOR FURTHER INFORMATION CONTACT: at 75 FR 38192. (24775) and St. Paul Mercury Insurance Requests for additional information or

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copies of the form and instructions agency, including whether the OMB Number: 1545–1385. should be directed to, Joel Goldberger at information shall have practical utility; Regulation Project Numbers: GL–238– (202), 927–9368, or at Internal Revenue (b) the accuracy of the agency’s estimate 88 (TD 8549). Service, Room 6129, 1111 Constitution of the burden of the collection of Avenue, NW., Washington, DC 20224, information; (c) ways to enhance the Abstract: This regulation provides or the Internet, quality, utility, and clarity of the that persons who prepare U.S. Fiduciary [email protected]. information to be collected; (d) ways to income tax returns for compensation minimize the burden of the collection of may, under certain conditions, satisfy SUPPLEMENTARY INFORMATION: the manual signature requirements by Title: Distributions From Pensions, information on respondents, including through the use of automated collection using a facsimile signature. However, Annuities, Retirement or Profit-Sharing they will be required to submit to the Plans, IRAs, Insurance Contracts, etc. techniques or other forms of information technology; and (e) estimates of capital IRS a list of the names and identifying OMB Number: 1545–0119. numbers of all fiduciary returns which Form Number: 1099–R. or start-up costs and costs of operation, maintenance, and purchase of services are being filed with a facsimile Abstract: Form 1099–R is used to signature. report distributions from pensions, to provide information. Current Actions: There is no change to annuities, profit-sharing or retirement Approved: June 20, 2011. this existing regulation. plans, IRAs, and the surrender of R. Joseph Durbala, insurance contracts. This information is IRS Reports Clearance Officer. Type of Review: Extension of a currently approved collection. used by the IRS to verify that income [FR Doc. 2011–15762 Filed 6–23–11; 8:45 am] has been properly reported by the BILLING CODE P Affected Public: Business or other for- recipient. profit organizations. Current Actions: There is a change in Estimated Number of Respondents: the current Form 1099–R from the Form DEPARTMENT OF THE TREASURY 20,000. 1099–R previously approved by the OMB, in that there are two new lines; Internal Revenue Service Estimated Time Per Respondent: 1 number 10: Amount allocable to IRR hour, 17 min. within 5 years; number 11; First year of Proposed Collection; Comment Estimated Total Annual Burden designated Roth contributions. Request for Regulation Project Hours: 25,825. Accordingly, there is an increase in the AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all paperwork burden previously approved Treasury. of the collections of information covered by OMB. We are requesting an increase ACTION: Notice and request for by this notice: in the burden hours of 1,870,454. comments. Type of Review: This is a revision of An agency may not conduct or sponsor, and a person is not required to a currently approved collection. SUMMARY: The Department of the respond to, a collection of information Affected Public: Businesses or other Treasury, as part of its continuing effort unless the collection of information for-profit organizations, not for-profit to reduce paperwork and respondent displays a valid OMB control number. institutions, and Federal, state, local or burden, invites the general public and Books or records relating to a collection tribal governments. other Federal agencies to take this of information must be retained as long Estimated Number of Responses: opportunity to comment on proposed as their contents may become material 62,348,484. and/or continuing information in the administration of any internal Estimated Time per Response: 19.8 collections, as required by the revenue law. Generally, tax returns and min. Paperwork Reduction Act of 1995, tax return information are confidential, Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. Hours: 20,575,000. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning Request for Comments: Comments of the collections of information covered preparer penalties-manual signature submitted in response to this notice will by this notice: requirement. be summarized and/or included in the An agency may not conduct or request for OMB approval. All DATES: Written comments should be sponsor, and a person is not required to comments will become a matter of received on or before August 23, 2011 respond to, a collection of information public record. Comments are invited on: to be assured of consideration. unless the collection of information (a) Whether the collection of displays a valid OMB control number. ADDRESSES: Direct all written comments information is necessary for the proper Books or records relating to a collection to R. Joseph Durbala, Internal Revenue performance of the functions of the of information must be retained as long Service, Room 6129, 1111 Constitution agency, including whether the as their contents may become material Avenue, NW., Washington, DC 20224. information shall have practical utility; in the administration of any internal FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate revenue law. Generally, tax returns and Requests for additional information or of the burden of the collection of tax return information are confidential, copies of the form and instructions information; (c) ways to enhance the as required by 26 U.S.C. 6103. should be directed to Evelyn J. Mack, at quality, utility, and clarity of the Request for Comments: Comments (202) 622–7381, or at Internal Revenue information to be collected; (d) ways to submitted in response to this notice will Service, Room 6231, 1111 Constitution minimize the burden of the collection of be summarized and/or included in the Avenue, NW., Washington, DC 20224, information on respondents, including request for OMB approval. All or through the Internet, at through the use of automated collection comments will become a matter of [email protected]. techniques or other forms of information public record. Comments are invited on: SUPPLEMENTARY INFORMATION: technology; and (e) estimates of capital (a) Whether the collection of Title: Preparer Penalties-Manual or start-up costs and costs of operation, information is necessary for the proper Signature Requirement (Sec. 1.6695– maintenance, and purchase of services performance of the functions of the 1(B)). to provide information.

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Approved: June 21, 2011. after December 31, 2008. Text has been DEPARTMENT OF THE TREASURY R. Joseph Durabala, revised to reflect the increased IRS Reports Clearance Officer. percentage for tax years ending after Internal Revenue Service December 31, 2008. Changes, made to [FR Doc. 2011–15937 Filed 6–23–11; 8:45 am] Open Meeting of Taxpayer Advocacy BILLING CODE 4830–01–P comply with the new IRC sec. 41(h)(2), Panel Notice Improvement Project will result in a total estimated burden Committee decrease of 52,946 hours. DEPARTMENT OF THE TREASURY AGENCY Type of Review: Revision of a : Internal Revenue Service (IRS), Treasury. currently approved collection. Internal Revenue Service ACTION: Notice of meeting. Affected Public: Business or other for- Proposed Collection; Comment profit organizations and individuals. SUMMARY: An open meeting of the Request for Form 6765 Estimated Number of Respondents: Taxpayer Advocacy Panel Notice Improvement Project Committee will be AGENCY: Internal Revenue Service (IRS), 15,805. Treasury. conducted. The Taxpayer Advocacy Estimated Time per Respondent: 18 Panel is soliciting public comments, ACTION: Notice and request for hours, 2 minutes. ideas and suggestions on improving comments. Estimated Total Annual Burden customer service at the Internal Revenue SUMMARY: The Department of the Hours: 285,281. Service. DATES: Treasury, as part of its continuing effort The following paragraph applies to all The meeting will be held Thursday, August 4, 2011. to reduce paperwork and respondent of the collections of information covered burden, invites the general public and by this notice: FOR FURTHER INFORMATION CONTACT: other Federal agencies to take this Audrey Y. Jenkins at 1–888–912–1227 opportunity to comment on proposed An agency may not conduct or or 718–488–2085. and/or continuing information sponsor, and a person is not required to SUPPLEMENTARY INFORMATION: Notice is collections, as required by the respond to, a collection of information hereby given pursuant to section Paperwork Reduction Act of 1995, unless the collection of information 10(a)(2) of the Federal Advisory Public Law 104–13 (44 U.S.C. displays a valid OMB control number. Committee Act, 5 U.S.C. App. (1988) 3506(c)(2)(A)). Currently, the IRS is Books or records relating to a collection that an open meeting of the Taxpayer soliciting comments concerning Form of information must be retained as long Advocacy Panel Notice Improvement 6765, Credit for Increasing Research as their contents may become material Project Committee will be held Activities. in the administration of any internal Thursday, August 4, 2011, 2 p.m. revenue law. Generally, tax returns and Eastern Time via telephone conference. DATES: Written comments should be The public is invited to make oral received on or before August 23, 2011 tax return information are confidential, comments or submit written statements to be assured of consideration. as required by 26 U.S.C. 6103. for consideration. Due to limited Request for Comments: Comments ADDRESSES: Direct all written comments conference lines, notification of intent submitted in response to this notice will to R. Joseph Durbala, Internal Revenue to participate must be made with Ms. Service, Room 6129, 1111 Constitution be summarized and/or included in the Jenkins. For more information please Avenue, NW., Washington, DC 20224. request for OMB approval. All contact Ms. Jenkins at 1–888–912–1227 FOR FURTHER INFORMATION CONTACT: comments will become a matter of or 718–488–2085, or write TAP Office, Requests for additional information or public record. Comments are invited on: 10 MetroTech Center, 625 Fulton Street, copies of the form and instructions (a) Whether the collection of Brooklyn, NY 11201, or post comments should be directed to Evelyn J. Mack at information is necessary for the proper to the Web site: http:// Internal Revenue Service, Room 6231, performance of the functions of the www.improveirs.org. 1111 Constitution Avenue, NW., agency, including whether the The agenda will include various IRS Washington, DC 20224, or at (202) 622– information shall have practical utility; issues. 7381, or through the Internet at (b) the accuracy of the agency’s estimate Dated: June 20, 2011. [email protected]. of the burden of the collection of Shawn Collins, SUPPLEMENTARY INFORMATION: information; (c) ways to enhance the Director, Taxpayer Advocacy Panel. Title: Credit for Increasing Research quality, utility, and clarity of the [FR Doc. 2011–15925 Filed 6–23–11; 8:45 am] information to be collected; (d) ways to Activities. BILLING CODE 4830–01–P OMB Number: 1545–0619. minimize the burden of the collection of Form Number: 6765. information on respondents, including Abstract: IRC section 38 allows a through the use of automated collection DEPARTMENT OF THE TREASURY credit against income tax (Determined techniques or other forms of information under IRC section 41) for an increase in technology; and (e) estimates of capital Internal Revenue Service research activities in a trade or business. or start-up costs and costs of operation, Open Meeting of the Taxpayer Form 6765 is used by businesses and maintenance, and purchase of services Advocacy Panel Small Business/Self individuals engaged in a trade or to provide information. business to figure and report the credit. Employed Correspondence Exam Toll The data is used to verify that the credit Approved: June 20, 2011. Free Project Committee R. Joseph Durbala, claimed is correct. AGENCY: Internal Revenue Service (IRS), Current Actions: Section 301(b) Public IRS Reports Clearance Officer. Treasury. Law 110–343, Div. C, added new IRC [FR Doc. 2011–15939 Filed 6–23–11; 8:45 am] ACTION: Notice of meeting. sec. 41(h)(2), which eliminates the BILLING CODE 4830–01–P election of the alternative incremental SUMMARY: An open meeting of the credit (AIC) for taxable years beginning Taxpayer Advocacy Panel Small

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Business/Self Employed FOR FURTHER INFORMATION CONTACT: contact Ms. Gilbert at 1–888–912–1227 Correspondence Exam Toll Free Project Timothy Shepard at 1–888–912–1227 or or (515) 564–6638 or write: TAP Office, Committee will be conducted. The 206–220–6095. 210 Walnut Street, Stop 5115, Des Taxpayer Advocacy Panel is soliciting SUPPLEMENTARY INFORMATION: Notice is Moines, IA 50309 or contact us at the public comments, ideas, and hereby given pursuant to Section Web site: http://www.improveirs.org. suggestions on improving customer 10(a)(2) of the Federal Advisory The agenda will include various IRS service at the Internal Revenue Service. Committee Act, 5 U.S.C. App. (1988) issues. DATES: The meeting will be held that an open meeting of the Area 6 Dated: June 20, 2011. Tuesday, August 23, 2011. Taxpayer Advocacy Panel will be held Shawn Collins, Wednesday, August 3, 2011, at 11 a.m. FOR FURTHER INFORMATION CONTACT: Director, Taxpayer Advocacy Panel. Pacific Time via telephone conference. Timothy Shepard at 1–888–912–1227 or [FR Doc. 2011–15920 Filed 6–23–11; 8:45 am] 206–220–6095. The public is invited to make oral comments or submit written statements BILLING CODE 4830–01–P SUPPLEMENTARY INFORMATION: Notice is for consideration. Due to limited hereby given pursuant to Section conference lines, notification of intent DEPARTMENT OF THE TREASURY 10(a)(2) of the Federal Advisory to participate must be made with Committee Act, 5 U.S.C. App. (1988) Timothy Shepard. For more information Internal Revenue Service that an open meeting of the Taxpayer please contact Mr. Shepard at 1–888– Advocacy Panel Small Business/Self 912–1227 or 206–220–6095, or write Open Meeting of the Taxpayer Employed Correspondence Exam Toll TAP Office, 915 2nd Avenue, MS Advocacy Panel Volunteer Income Tax Free Project Committee will be held W–406, Seattle, WA 98174 or post Assistance Project Committee Tuesday, August 23, 2011, at 9 a.m. comments to the Web site: http:// Pacific Time via teleconference. The www.improveirs.org. AGENCY: Internal Revenue Service (IRS), public is invited to make oral comments The agenda will include various IRS Treasury. or submit written statements for issues. ACTION: Notice of meeting. consideration. Due to limited conference lines, notification of intent Dated: June 20, 2011. SUMMARY: An open meeting of the to participate must be made with Shawn Collins, Director, Taxpayer Advocacy Panel. Taxpayer Advocacy Panel Volunteer Timothy Shepard. For more information Income Tax Assistance Project [FR Doc. 2011–15941 Filed 6–23–11; 8:45 am] please contact Mr. Shepard at 1–888– Committee will be conducted. The 912–1227 or 206–220–6095, or write BILLING CODE 4830–01–P Taxpayer Advocacy Panel is soliciting TAP Office, 915 2nd Avenue, MS W– public comments, ideas, and 406, Seattle, WA 98174 or post DEPARTMENT OF THE TREASURY suggestions on improving customer comments to the Web site: http:// service at the Internal Revenue Service. www.improveirs.org. Internal Revenue Service The agenda will include various IRS DATES: The meeting will be held Tuesday, August 9, 2011. issues. Open Meeting of the Taxpayer Dated: June 20, 2011. Advocacy Panel Joint Committee FOR FURTHER INFORMATION CONTACT: Shawn Collins, Donna Powers at 1–888–912–1227 or AGENCY: Internal Revenue Service (IRS), 954–423–7977. Director, Taxpayer Advocacy Panel. Treasury. SUPPLEMENTARY INFORMATION: Notice is [FR Doc. 2011–15935 Filed 6–23–11; 8:45 am] ACTION: Notice of meeting. BILLING CODE 4830–01–P hereby given pursuant to Section SUMMARY: An open meeting of the 10(a)(2) of the Federal Advisory Taxpayer Advocacy Panel Joint Committee Act, 5 U.S.C. App. (1988) DEPARTMENT OF THE TREASURY Committee will be conducted. The that a meeting of the Taxpayer Taxpayer Advocacy Panel is soliciting Advocacy Panel Volunteer Income Tax Internal Revenue Service public comments, ideas, and Assistance Project Committee will be held Tuesday, August 9, 2011, 2 p.m. Open Meeting of the Area 6 Taxpayer suggestions on improving customer service at the Internal Revenue Service. Eastern Time via telephone conference. Advocacy Panel (Including the States The public is invited to make oral DATES: The meeting will be held of Idaho, Iowa, Minnesota, Montana, comments or submit written statements Thursday, August 25, 2011. Nebraska, North Dakota, Oregon, for consideration. Due to limited South Dakota, Utah, Washington, and FOR FURTHER INFORMATION CONTACT: conference lines, notification of intent Wyoming) Susan Gilbert at 1–888–912–1227 or to participate must be made with Donna (515) 564–6638. Powers. For more information please AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: Notice is contact Ms. Powers at 1–888–912–1227 Treasury. hereby given pursuant to Section or 954–423–7977, or write TAP Office, ACTION: Notice of meeting. 10(a)(2) of the Federal Advisory 1000 South Pine Island Road, Suite 340, Committee Act, 5 U.S.C. App. (1988) Plantation, FL 33324, or contact us at SUMMARY: An open meeting of the Area that an open meeting of the Taxpayer the Web site: http://www.improveirs.org. 6 Taxpayer Advocacy Panel will be Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy The agenda will include various IRS held Thursday, August 25, 2011, 2 p.m. Issues. Panel is soliciting public comment, Eastern Time via teleconference. The ideas, and suggestions on improving public is invited to make oral comments Dated: June 20, 2011. customer service at the Internal Revenue or submit written statements for Shawn Collins, Service. consideration. Notification of intent to Director, Taxpayer Advocacy Panel. DATES: The meeting will be held participate must be made with Susan [FR Doc. 2011–15952 Filed 6–23–11; 8:45 am] Wednesday, August 3, 2011. Gilbert. For more information please BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY SUMMARY: An open meeting of the Area SUPPLEMENTARY INFORMATION: Notice is 2 Taxpayer Advocacy Panel will be hereby given pursuant to Section Internal Revenue Service conducted. The Taxpayer Advocacy 10(a)(2) of the Federal Advisory Panel is soliciting public comments, Committee Act, 5 U.S.C. App. (1988) Open Meeting of the Area 1 Taxpayer ideas, and suggestions on improving that a meeting of the Area 3 Taxpayer Advocacy Panel (Including the States customer service at the Internal Revenue Advocacy Panel will be held of New York, New Jersey, Connecticut, Service. Wednesday, August 3, 2011, at 3:30 Massachusetts, Rhode Island, New p.m. Eastern Time via telephone Hampshire, Vermont and Maine) DATES: The meeting will be held Wednesday, August 17, 2011. conference. The public is invited to make oral comments or submit written AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: statements for consideration. Due to Treasury. Audrey Y. Jenkins at 1–888–912–1227 limited conference lines, notification of ACTION: Notice of meeting. or 718–488–2085. intent to participate must be made with SUPPLEMENTARY INFORMATION: Notice is SUMMARY: An open meeting of the Area Donna Powers. For more information 1 Taxpayer Advocacy Panel will be hereby given pursuant to section please contact Ms. Powers at 1–888– conducted. The Taxpayer Advocacy 10(a)(2) of the Federal Advisory 912–1227 or 954–423–7977, or write Panel is soliciting public comments, Committee Act, 5 U.S.C. App. (1988) TAP Office, 1000 South Pine Island ideas and suggestions on improving that an open meeting of the Area 2 Road, Suite 340, Plantation, FL 33324, customer service at the Internal Revenue Taxpayer Advocacy Panel will be held or post comments to the Web site: Service. Wednesday, August 17, 2011, at http://www.improveirs.org. 2:30 p.m. Eastern Time via telephone DATES: The meeting will be held The agenda will include various IRS conference. The public is invited to issues. Tuesday, August 9, 2011. make oral comments or submit written Dated: June 20, 2011. FOR FURTHER INFORMATION CONTACT: statements for consideration. Due to Marisa Knispel at 1–888–912–1227 or limited conference lines, notification of Shawn Collins, 718–488–3557. intent to participate must be made with Director, Taxpayer Advocacy Panel . SUPPLEMENTARY INFORMATION: Notice is Audrey Jenkins. For more information [FR Doc. 2011–15947 Filed 6–23–11; 8:45 am] hereby given pursuant to section please contact Ms. Jenkins at 1–888– BILLING CODE 4830–01–P 10(a)(2) of the Federal Advisory 912–1227 or 718–488–2085, or write Committee Act, 5 U.S.C. App. (1988) TAP Office, 10 MetroTech Center, 625 that an open meeting of the Area 1 Fulton Street, Brooklyn, NY 11201, or DEPARTMENT OF THE TREASURY Taxpayer Advocacy Panel will be held post comments to the Web site: http:// Internal Revenue Service Tuesday, August 9, 2011, at 10 a.m. www.improveirs.org. Eastern Time via telephone conference. The agenda will include various IRS Open Meeting of the Area 4 Taxpayer The public is invited to make oral issues. Advocacy Panel (Including the States comments or submit written statements Dated: June 20, 2011. of Illinois, Indiana, Kentucky, Michigan, for consideration. Due to limited Shawn Collins, Ohio, and Wisconsin) conference lines, notification of intent to participate must be made with Marisa Director, Taxpayer Advocacy Panel. AGENCY: Internal Revenue Service (IRS), Knispel. For more information please [FR Doc. 2011–15949 Filed 6–23–11; 8:45 am] Treasury. contact Ms. Knispel at 1–888–912–1227 BILLING CODE 4830–01–P ACTION: Notice of meeting. or 718–488–3557, or write TAP Office, 10 MetroTech Center, 625 Fulton Street, SUMMARY: An open meeting of the Area Brooklyn, NY 11201, or contact us at the DEPARTMENT OF THE TREASURY 4 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Web site: http://www.improveirs.org. Internal Revenue Service The agenda will include various IRS Panel is soliciting public comments, issues. Open Meeting of the Area 3 Taxpayer ideas, and suggestions on improving customer service at the Internal Revenue Dated: June 20, 2011. Advocacy Panel (Including the States Service. Shawn Collins, of Alabama, Georgia, Florida, DATES: The meeting will be held Director, Taxpayer Advocacy Panel. Louisiana, Mississippi, Tennessee, and Puerto Rico) Tuesday, August 16, 2011. [FR Doc. 2011–15950 Filed 6–23–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4830–01–P AGENCY: Internal Revenue Service (IRS), Ellen Smiley at 1–888–912–1227 or Treasury. 414–231–2360. DEPARTMENT OF THE TREASURY ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section SUMMARY: An open meeting of the Area Internal Revenue Service 10(a)(2) of the Federal Advisory 3 Taxpayer Advocacy Panel will be Committee Act, 5 U.S.C. App. (1988) conducted. The Taxpayer Advocacy Open meeting of the Area 2 Taxpayer that a meeting of the Area 4 Taxpayer Panel is soliciting public comments, Advocacy Panel (Including the States Advocacy Panel will be held Tuesday, ideas, and suggestions on improving of Delaware, North Carolina, South August 16, 2011, at 1 p.m. Central Time customer service at the Internal Revenue Carolina, Maryland, Pennsylvania, via telephone conference. The public is Service. Virginia, West Virginia, and the District invited to make oral comments or of Columbia) DATES: The meeting will be held submit written statements for Wednesday, August 3, 2011. AGENCY: Internal Revenue Service (IRS), consideration. Due to limited Treasury. FOR FURTHER INFORMATION CONTACT: conference lines, notification of intent Donna Powers at 1–888–912–1227 or to participate must be made with Ellen ACTION: Notice of meeting. 954–423–7977. Smiley. For more information please

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contact Ms. Smiley at 1–888–912–1227 DEPARTMENT OF THE TREASURY Advocacy Panel is soliciting public or 414–231–2360, or write TAP Office comments, ideas and suggestions on Stop 1006MIL, 211 West Wisconsin Internal Revenue Service improving customer service at the Avenue, Milwaukee, WI 53203–2221, or Internal Revenue Service. Open Meeting of the Area 7 Taxpayer post comments to the Web site: http:// DATES: The meeting will be held Advocacy Panel (Including the States www.improveirs.org. Monday, August 22, 2011. The agenda will include various IRS of Alaska, California, Hawaii, and Nevada) FOR FURTHER INFORMATION CONTACT: issues. Marianne Ayala at 1–888–912–1227 or Dated: June 20, 2011. AGENCY: Internal Revenue Service (IRS), 954–423–7978. Shawn Collins, Treasury. SUPPLEMENTARY INFORMATION: Notice is Director, Taxpayer Advocacy Panel. ACTION: Notice of meeting. hereby given pursuant to Section [FR Doc. 2011–15945 Filed 6–23–11; 8:45 am] 10(a)(2) of the Federal Advisory SUMMARY: An open meeting of the Area BILLING CODE 4830–01–P Committee Act, 5 U.S.C. App. (1988) 7 Taxpayer Advocacy Panel will be that an open meeting of the Taxpayer conducted. The Taxpayer Advocacy Advocacy Panel Earned Income Tax DEPARTMENT OF THE TREASURY Panel is soliciting public comments, Credit Project Committee will be held ideas, and suggestions on improving Monday, August 22, 2011, at 3 p.m. Internal Revenue Service customer service at the Internal Revenue Eastern Time via telephone conference. Service. The public is invited to make oral Open Meeting of the Area 5 Taxpayer DATES: The meeting will be held comments or submit written statements Advocacy Panel (Including the States Thursday, August 18, 2011. for consideration. Due to limited of Arizona, Arkansas, Colorado, FOR FURTHER INFORMATION CONTACT: conference lines, notification of intent Kansas, New Mexico, Missouri, Janice Spinks at 1–888–912–1227 or to participate must be made with Oklahoma, and Texas) 206–220–6098. Marianne Ayala. For more information AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: Notice is please contact Ms. Ayala at 1–888–912– Treasury. hereby given pursuant to Section 1227 or 954–423–7978, or write TAP ACTION: Notice of meeting. 10(a)(2) of the Federal Advisory Office, 1000 South Pine Island Road, Committee Act, 5 U.S.C. App. (1988) Suite 340, Plantation, FL 33324, or SUMMARY: An open meeting of the Area that a meeting of the Area 7 Taxpayer contact us at the Web site: http:// 5 Taxpayer Advocacy Panel will be Advocacy Panel will be held Thursday, www.improveirs.org. conducted. The Taxpayer Advocacy August 18, 2011, at 2 p.m. Pacific Time The agenda will include various IRS Panel is soliciting public comments, via telephone conference. The public is issues. ideas, and suggestions on improving invited to make oral comments or Dated: June 20, 2011. customer service at the Internal Revenue submit written statements for Shawn Collins, Service. consideration. Due to limited Director, Taxpayer Advocacy Panel. DATES: The meeting will be held conference lines, notification of intent Thursday, August 18, 2011. [FR Doc. 2011–15938 Filed 6–23–11; 8:45 am] to participate must be made with Janice BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: Spinks. For more information please Patricia Robb at 1–888–912–1227 or contact Ms. Spinks at 1–888–912–1227 414–231–2360. or 206–220–6098, or write TAP Office, DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Notice is 915 2nd Avenue, MS W–406, Seattle, hereby given pursuant to Section WA 98174 or post comments to the Web Internal Revenue Service 10(a)(2) of the Federal Advisory site: http://www.improveirs.org. Committee Act, 5 U.S.C. App. (1988) The agenda will include various IRS Open Meeting of the Taxpayer that a meeting of the Area 5 Taxpayer issues. Advocacy Panel Taxpayer Assistance Center Project Committee Advocacy Panel will be held Thursday, Dated: June 20, 2011. August 18, 2011, at 11:30 a.m. Central Shawn Collins, AGENCY: Internal Revenue Service (IRS), Time via telephone conference. The Director, Taxpayer Advocacy Panel. Treasury. public is invited to make oral comments ACTION: Notice of meeting. or submit written statements for [FR Doc. 2011–15940 Filed 6–23–11; 8:45 am] BILLING CODE 4830–01–P consideration. Due to limited SUMMARY: An open meeting of the conference lines, notification of intent Taxpayer Advocacy Panel Taxpayer to participate must be made with DEPARTMENT OF THE TREASURY Assistance Center Project Committee Patricia Robb. For more information will be conducted. The Taxpayer please contact Ms. Robb at 1–888–912– Internal Revenue Service Advocacy Panel is soliciting public 1227 or 414–231–2360, or write TAP comments, ideas, and suggestions on Office Stop 1006MIL, 211 West Open Meeting of the Taxpayer improving customer service at the Wisconsin Avenue, Milwaukee, WI Advocacy Panel Earned Income Tax Internal Revenue Service. 53203–2221, or post comments to the Credit Project Committee DATES: The meeting will be held Web site: http://www.improveirs.org. Tuesday, August 23, 2011. The agenda will include various IRS AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: issues. Treasury. Ellen Smiley at 1–888–912–1227 or ACTION: Notice of meeting. Dated: June 20, 2011. 414–231–2360. Shawn Collins, SUMMARY: An open meeting of the SUPPLEMENTARY INFORMATION: Notice is Director, Taxpayer Advocacy Panel. Taxpayer Advocacy Panel Earned hereby given pursuant to Section [FR Doc. 2011–15944 Filed 6–23–11; 8:45 am] Income Tax Credit Project Committee 10(a)(2) of the Federal Advisory BILLING CODE 4830–01–P will be conducted. The Taxpayer Committee Act, 5 U.S.C. App. (1988)

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that an open meeting of the Taxpayer customer service at the Internal Revenue ACTION: Notice of meeting. Advocacy Panel Taxpayer Assistance Service. Center Project Committee will be held DATES: The meeting will be held SUMMARY: An open meeting of the Tuesday, August 23, 2011 at 2 p.m. Tuesday, August 2, 2011. Taxpayer Advocacy Panel Tax Forms Central Time via telephone conference. FOR FURTHER INFORMATION CONTACT: and Publications Project Committee will The public is invited to make oral Janice Spinks at 1–888–912–1227 or be conducted. The Taxpayer Advocacy comments or submit written statements 206–220–6098. Panel is soliciting public comments, for consideration. Due to limited SUPPLEMENTARY INFORMATION: Notice is ideas and suggestions on improving conference lines, notification of intent hereby given pursuant to Section customer service at the Internal Revenue to participate must be made with 10(a)(2) of the Federal Advisory Service. Ms. Ellen Smiley. For more information Committee Act, 5 U.S.C. App. (1988) please contact Ms. Smiley at 1–888– that an open meeting of the Taxpayer DATES: The meeting will be held 912–1227 or 414–231–2360, or write Advocacy Panel Small Business/Self Tuesday, August 9, 2011. TAP Office Stop 1006MIL, 211 West Employed Correspondence Exam FOR FURTHER INFORMATION CONTACT: Wisconsin Avenue, Milwaukee, WI Practitioner Engagement Project Marisa Knispel at 1–888–912–1227 or 53203–2221, or post comments to the Committee will be held Tuesday, 718–488–3557 Web site: http://www.improveirs.org. August 2, 2011, at 9 a.m. Pacific Time The agenda will include various IRS via telephone conference. The public is SUPPLEMENTARY INFORMATION: Notice is issues. invited to make oral comments or hereby given pursuant to section Dated: June 20, 2011. submit written statements for 10(a)(2) of the Federal Advisory Shawn Collins, consideration. Due to limited Committee Act, 5 U.S.C. App. (1988) conference lines, notifications of intent that an open meeting of the Taxpayer Director, Taxpayer Advocacy Panel. to participate must be made with Ms. Advocacy Panel Tax Forms and [FR Doc. 2011–15936 Filed 6–23–11; 8:45 am] Janice Spinks. For more information Publications Project Committee will be BILLING CODE 4830–01–P please contact Ms. Spinks at 1–888– held Tuesday, August 9, 2011, at 2 p.m. 912–1227 or 206–220–6098, or write Eastern Time via telephone conference. TAP Office, 915 2nd Avenue, MS W– DEPARTMENT OF THE TREASURY The public is invited to make oral 406, Seattle, WA 98174 or post comments or submit written statements Internal Revenue Service comments to the Web site: http:// for consideration. Due to limited www.improveirs.org. conference lines, notification of intent Open Meeting of the Taxpayer The agenda will include various IRS issues. to participate must be made with Ms. Advocacy Panel Small Business/Self Knispel. For more information please Employed Correspondence Exam Dated: June 20, 2011. contact Ms. Knispel at 1–888–912–1227 Practitioner Engagement Project Shawn Collins. or 718–488–3557, or write TAP Office, Committee Director, Taxpayer Advocacy Panel. 10 MetroTech Center, 625 Fulton Street, [FR Doc. 2011–15934 Filed 6–23–11; 8:45 am] AGENCY: Internal Revenue Service (IRS), Brooklyn, NY 11201, or post comments BILLING CODE 4830–01–P Treasury. to the Web site: http:// www.improveirs.org. ACTION: Notice of meeting. DEPARTMENT OF THE TREASURY The agenda will include various IRS SUMMARY: An open meeting of the issues. Internal Revenue Service Taxpayer Advocacy Panel Small Dated: June 20, 2011. Business/Self Employed Open Meeting of the Taxpayer Shawn Collins, Correspondence Exam Practitioner Advocacy Panel Tax Forms and Director, Taxpayer Advocacy Panel. Engagement Project Committee will be Publications Project Committee conducted. The Taxpayer Advocacy [FR Doc. 2011–15919 Filed 6–23–11; 8:45 am] Panel is soliciting public comments, AGENCY: Internal Revenue Service (IRS), BILLING CODE 4830–01–P ideas, and suggestions on improving Treasury.

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Part II

Department of Veterans Affairs

38 CFR Part 17 Reimbursement Offsets for Medical Care or Services; Final Rule

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DEPARTMENT OF VETERANS alleging that it made an earlier overpayments to receipt of AFFAIRS overpayment to VA, reduces or takes reimbursement. back the alleged overpayment by Although the time to process third- 38 CFR Part 17 withholding payment owed to VA on an party claims seeking reimbursement RIN 2900–AN55 unrelated debt transaction. In an from VA for alleged overpayments will attempt to recoup the overpayment, the vary based on numerous factors such as Reimbursement Offsets for Medical payer seldom associates the reduced the complexity of the claim and the Care or Services payment with the alleged overpaid sufficiency of the information submitted claim. These unilateral offsets by third- with the claim, most claims will be AGENCY: Department of Veterans Affairs. party payers disrupt VA accounting processed within 90 days. Our 90-day ACTION: Final rule. practices and present certain challenges estimate is based upon current VA to VA in managing third-party practice and claim-processing times. SUMMARY: This document amends the collections and evaluating account The third-party payer will have a payee regulations of the Department of receivables for deficient payments. address on file for each VA facility or Veterans Affairs (VA) concerning the Further, such practices eliminate VA’s Consolidated Patient Account Center reimbursement of medical care and opportunity to validate the alleged (CPAC), and would use that contact services delivered to veterans for overpayment and pursue proper review, information for written follow-up nonservice-connected conditions. This if deemed appropriate given the inquiries, or the third-party payer may rule applies in situations where third- circumstances. communicate with the VA facility or party payers are required to reimburse In a document published in the CPAC through more direct means, such VA for costs related to care provided by Federal Register on October 8, 2010 (75 as telephone or e-mail. VA to a veteran covered under the third- This commenter’s questions suggest a FR 62348), we proposed to amend VA’s party payer’s plan. This final rule adds possible misunderstanding concerning regulations concerning the a new section barring offsets by third- the scope of our proposal. We did not reimbursement of medical care and party payers and requires that third- propose to establish an entirely new services delivered to veterans for party payers submit a request for a process for third parties seeking nonservice-connected conditions to refund for claims when there is an reimbursement from VA for alleged address reimbursement offsets. In the alleged overpayment. overpayments. Rather, we proposed to proposed rule we explained that the clarify the rules regarding VA DATES: Effective Date: July 25, 2011. changes are consistent with regulations collections and to require third-party FOR FURTHER INFORMATION CONTACT: promulgated by the Department of payers to present any alleged Anthony Norris, Program Analyst, Defense (DoD) in 32 CFR Part 220. overpayment claim to VA rather than Business Operations, Chief Business DoD’s collection statute, 10 U.S.C. 1095, unilaterally offsetting money owed to Office (168), Veterans Health is similar to VA’s collection statute, 38 VA. To further clarify the purpose of Administration, Department of Veterans U.S.C. 1729. We intended that the this rulemaking, we have changed the Affairs, 810 Vermont Avenue, NW., proposed rule would clarify VA’s heading for § 17.106 from ‘‘Third-party Washington, DC 20420, (202) 461–1593. interpretation of the statute. The claims for refunds based on amounts (This is not a toll free number.) purpose of the proposed rule is to previously paid to the Department of SUPPLEMENTARY INFORMATION: Pursuant proscribe offsetting by third-party Veterans Affairs (overpayments)’’ to to 38 U.S.C. 1729, a third-party payer, payers, provide clarity and uniformity ‘‘VA collection rules; third-party such as a private medical insurer, has an in how third-party payers interact with payers.’’ We made no further changes to obligation to pay the United States both VA and DOD, and eliminate the rule based upon these comments. reasonable charges for the cost of disruptions to VA accounting, Two commenters from within the medical care or services furnished to a collections, and account receivables. We health insurance industry asserted that veteran for a nonservice-connected provided a 60-day comment-period, the rule, in particular the language in disability when the veteran or the which ended on December 7, 2010. We § 17.106(a)(1), is not authorized by provider of the care or services would received 3 comments, one from the 38 U.S.C. 1729. The commenters’ otherwise be eligible to receive payment general public and two from within the position is that VA providers must meet for such medical care from the third- health insurance industry. the same timely filing rules insurers party payer. The obligation to pay is to One commenter agreed with our require of commercial or other providers the extent that the beneficiary would be proposed rule and suggested that or members in their coverage contracts, eligible to receive such reimbursement addressing third-party recovery of costs and argue that the rule would override or indemnification from the third-party in this rule is an appropriate response insurers own time limits for filing payer if the beneficiary were to incur to third-parties unilaterally offsetting claims applicable to providers. We the costs on the beneficiary’s own payments. This commenter stated that disagree. behalf. VA’s authority under section the proposed rule would allow VA to Although beneficiaries of health 1729 is generally implemented in 38 efficiently track accounts without the insurers generally must file a claim for CFR 17.101 through 17.105. complications caused by third-party reimbursement within a specified As a matter of common business offsets. The commenter asked whether period of time in order to seek practice, third-party payers who are (or the ‘‘system will work in reverse’’ if the reimbursement, the statutory authority who believe that they are) owed a third-party owes VA money. The granted to VA by Congress does not refund from VA based on an commenter also asked whether third- place such a time limit on VA’s right to overpayment often recoup such money party payers will be able to check the seek reimbursement from third-parties. by unilaterally offsetting a future status of a request for reimbursement This is clearly set forth in 38 U.S.C. payment amount to VA. As a purchaser based upon an alleged overpayment. 1729(f), which states that ‘‘[n]o and provider of care, VA medical Finally, the commenter asked how long provision of any contract or other centers incur these unilateral offsets in the process would take from the third agreement, shall operate to prevent the ordinary course of their business. party’s submission of the claim seeking recovery or collection by the United An offset occurs when the payer, reimbursement from VA for alleged States under this section or with respect

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to care or services furnished under third-parties’ rules and policies. Indeed, party payers. The right to collect section 1784 of this title.’’ Therefore, we third-party rules on timely filing differ reasonable charges is not dependent make no changes based on this within individual insurance plans, and upon a third-party payer’s contention comment. may be changed by the third-party regarding a previous alleged Pursuant to 38 U.S.C. 1729(a)(1), VA’s without VA’s consent and without overpayment. It is consistent with the right to recover or collect from a third- notice to Congress. Congress did not statute to bar a third-party payer from party reasonable charges for medical intend to bind VA to varying, offsetting a claim based on a different, care or services provided to a veteran is unpredictable policies over which VA disputed transaction. Moreover, under limited ‘‘to the extent that the veteran has no control or input. 38 U.S.C. 1729(c)(1), the authority to (or the provider of the care or services) The commenters’ objections also seem compromise a claim rests with the would be eligible to receive payment for to be that the statute gives the right of government, not with the payer. such care or services from such third a cause of action to the ‘‘United States’’ Without the consent of the government, party if the care or services had not been and not specifically to VA. We disagree. a third-party payer cannot compromise furnished by [VA].’’ Under section We interpret ‘‘United States’’ as used by a claim premised on some separate 1729(b)(2)(C), the United States has the Congress in section 1729 to mean an disputed transaction. Therefore, a third- authority to institute proceedings to action by the Federal government on party payer must submit a claim for a collect such payment within six years behalf of a Federal department or refund of monies allegedly owed to it after the medical care or services were agency. This final rule implements that and with sufficient specificity for VA to provided. We do not interpret these interpretation in § 17.106(c)(1). determine whether a third-party is due statutory provisions to be inconsistent. We also note that VA will make every a refund. In doing so, VA will improve As reflected in the proposed and final effort to collect payments from a third- its accountability of payments and rule text, we interpret the ‘‘extent’’ party in a timely manner, and has no provide uniformity throughout the VA language in paragraph (a)(1) to refer to intention of waiting six years to do so. medical system. We make no changes the amount for which VA may seek However, there may be occasions when based on this comment. payment. In other words, VA cannot VA will be unable to do so within a Two commenters also requested that seek payment from the third-party that particular time limitation established by we delete proposed paragraph (f)(2)(iv), would be greater than what would be a particular third-party. The imposition which reads ‘‘[t]he lack of a provided to another health care of a timely filing requirement by third participation agreement or the absence provider. This is consistent with the parties is inconsistent with 38 U.S.C. of privity of contract between a third- other provisions in both the statute and 1729(f), which proscribes contract party payer and VA is not a permissible the regulation. For example, both the provisions that would operate to ground for refusing or reducing third- statute and the regulation preclude VA prevent VA collections. If a third-party party payment.’’ One commenter stated from collecting the amount of any denies payment on such a ground, the that under the proposed rule, preferred applicable deductibles (38 U.S.C. United States is then authorized to provider organization (PPO) plans 1729(a)(3); 38 CFR 17.106(b)(2)); and institute legal proceedings—so long as would be required to reimburse VA both the statute and regulation limit the the proceeding is instituted within the facilities as preferred providers even if amount subject to collection to six-year limit. Thus, the assignment of they have not entered into the same ‘‘reasonable charges,’’ which are defined the right to the United States, rather preferred provider agreement. The other by statute as ‘‘the amount that [the] than to VA, to institute a cause of action industry commenter stated that since a third party demonstrates * * * it would is a distinction without a difference. PPO would not reimburse a non- pay for the care or services if provided Any legal action to collect payments preferred private provider as if it were by [non-VA] facilities in the same would be instituted by VA, and such preferred, the PPO need not treat a VA geographic area’’ (38 U.S.C. action would be instituted only after the facility with which it does not have a 1729(c)(1)(B)), and which VA calculates third-party has denied payment. preferred provider agreement as if it using 38 CFR 17.101. Thus, the One commenter requested that VA were a preferred provider. To the extent restriction on when VA can collect the revise § 17.106(c)(4), which prohibits a that the commenters appear to be amount due is not limited by the third-party payer from offsetting other disputing the amounts of payments ‘‘extent’’ language in 38 U.S.C. claims due to the VA in order to recover owed to VA under this rule, there is 1729(a)(1). We do not interpret section an overpayment. The commenter simply no difference between the types 1729(a)(1) as binding VA to the internal recommended instead that the rule state of third-parties involved. The processing rules of third parties. that VA facilities and insurers may agree ‘‘reasonable charges’’ calculation will be The commenters argue that the right to permit offsets in lieu of a separate made regardless of whether the payment of the United States to institute a appeal and adjudication process. is owed by a health maintenance collection action within six years Similarly, another commenter stated organization (HMO), PPO, or any other applies only to lawsuits that the United that when a third-party offsets type of health plan, for the reasons States may bring against the third-party overpayments against amounts explained above. As previously stated, payer, but does not purport to allow VA otherwise due a VA facility, the third- VA does not expect payment from a to disregard insurers’ timely filing rules party is treating the VA facility like any third-party, regardless of whether the applicable to providers. In response, we other health care provider. The payment is owed by a HMO, PPO, or first point out that 38 U.S.C. 1729(f) commenter asserted that VA has no any other type of third-party payer, that prescribes that ‘‘[n]o law of any State or legal right to seek a higher standing. We is greater than what the third-party of any political subdivision of a State, do not agree. would pay to a non-federal health care and no provision of any contract or As stated in the preamble to the provider in the same geographic area. other agreement, shall operate to proposed rule, one of the primary goals We make no changes based on this prevent recovery or collection by the of this rulemaking is to prohibit a third- comment. United States under this section or with party payer from offsetting payments to Similar comments on this topic respect to care or services furnished VA. Under 38 U.S.C. 1729(a)(1), VA has appear to dispute the range of services under [38 U.S.C. 1784].’’ This means the right to recover or collect reasonable for which VA may seek reimbursement. that the United States is not bound by charges for care or services from third- A commenter argued that since an

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exclusive provider organization (EPO) and safety, and other advantages; Catalog of Federal Domestic Assistance would not generally pay claims distributive impacts; and equity). The Numbers submitted by an out-of-network private Executive Order classifies a regulatory The Catalog of Federal Domestic provider, the EPO is not required under action as a ‘‘significant regulatory Assistance numbers and titles are 64.009 the statute to pay an out-of-network VA action,’’ requiring review by the Office Veterans Medical Care Benefits, 64.010 facility. The commenter asserted that of Management and Budget (OMB) Veterans Nursing Home Care and 64.011 the proposed rule, which noted that a unless OMB waives such review, as any Veterans Dental Care. third-party payer must pay only to the regulatory action that is likely to result Signing Authority extent covered by the payer’s plan, in a rule that may: (1) Have an annual The Secretary of Veterans Affairs, or supported the commenter’s view. effect on the economy of $100 million designee, approved this document and The full discussion of this matter in or more or adversely affect in a material authorized the undersigned to sign and the proposed rule clearly indicates that way the economy, a sector of the submit the document to the Office of the we expect HMOs not to exclude claims economy, productivity, competition, Federal Register for publication or refuse to certify emergent care that jobs, the environment, public health or electronically as an official document of would otherwise be covered by the plan, safety, or State, local, or tribal the Department of Veterans Affairs. John and that opt-out or point-of-service governments or communities; (2) create R. Gingrich, Chief of Staff, Department options also may not be used to exclude a serious inconsistency or otherwise of Veterans Affairs, approved this such services. See 75 FR 62351. interfere with an action taken or document on June 9, 2011, for However, if the HMO bars coverage for planned by another agency; (3) publication. services provided by facilities not materially alter the budgetary impact of associated with the HMO, we would not entitlements, grants, user fees, or loan List of Subjects in 38 CFR Part 17 expect the HMO to reimburse VA for programs or the rights and obligations of Administrative practice and those services. The extent of a HMO-like recipients thereof; or (4) raise novel limitation would depend on the procedure, Alcohol abuse, Alcoholism, legal or policy issues arising out of legal Claims, Day care, Dental health, Drug provisions in the EPO’s specific plan mandates, the President’s priorities, or and such provisions may not seek to abuse, Foreign relations, Government the principles set forth in the Executive contracts, Grant programs-health, only exclude payment of claims for Order. medical care and services furnished by Government programs-veterans, Health The economic, interagency, care, Health facilities, Health a department or agency of the United budgetary, legal, and policy States. Moreover, we note that Congress professions, Health records, Homeless, implications of this final rule have been Medical and dental schools, Medical clearly expressed its intent in 38 U.S.C. examined and it has been determined 1729(f) that ‘‘[n]o provision of any devices, Medical research, Mental not to be a significant regulatory action health programs, Nursing home care, contract or other agreement, shall under Executive Order 12866. operate to prevent recovery or collection Veterans. by the United States.’’ In 38 U.S.C. Unfunded Mandates Dated: June 21, 2011. 1729(i)(1)(a), Congress clearly defined a The Unfunded Mandates Reform Act Robert C. McFetridge, ‘‘health-plan contract’’ and only of 1995 requires, at 2 U.S.C. 1532, that Director, Office of Regulation Policy and excluded Medicare and Medicaid from agencies prepare an assessment of Management, Office of the General Counsel, the definition as beyond VA’s collection Department of Veterans Affairs. anticipated costs and benefits before authority. We make no changes based issuing any rule that may result in For the reasons stated in the on this comment. expenditure by State, local, or tribal preamble, VA amends 38 CFR part 17 as Based on the rationale set forth in the follows: preamble to the proposed rule and in governments, in the aggregate, or by the this preamble, VA is adopting the private sector, of $100 million or more PART 17—MEDICAL proposed rule as a final rule with the (adjusted annually for inflation) in any minor change noted above. given year. This final rule will have no ■ 1. The authority citation for part 17 such effect on State, local, and tribal continues to read as follows: Effect of Rulemaking governments, or on the private sector. Authority: 38 U.S.C. 501, and as noted in Title 38 of the Code of Federal Paperwork Reduction Act specific sections. Regulations, as revised by this final rule, represents VA’s implementation of its The document contains no provisions § 17.106 [Redesignated as § 17.107] legal authority on this subject. Other constituting a collection of information ■ 2. Redesignate § 17.106 as § 17.107. than future amendments to this under the Paperwork Reduction Act (44 ■ 3. Add new § 17.106 before the regulation or governing statutes, no U.S.C. 3501–3520). undesignated center heading contrary rules or procedures are Regulatory Flexibility Act ‘‘Disciplinary Control of Beneficiaries authorized. All existing or subsequent Receiving Hospital, Domiciliary or VA guidance must be read to conform The Secretary hereby certifies that Nursing Home Care’’ to read as follows: with this final rule if possible or, if not this final rule will not have a significant possible, such guidance is superseded economic impact on a substantial § 17.106 VA collection rules; third-party by this rulemaking. number of small entities as they are payers. defined in the Regulatory Flexibility (a)(1) General rule. VA has the right Executive Order 12866 Act, 5 U.S.C. 601–612. This final rule to recover or collect reasonable charges Executive Order 12866 directs will have an insignificant impact on from a third-party payer for medical agencies to assess all costs and benefits large insurance companies and other care and services provided for a of available regulatory alternatives and, large entities. Therefore, pursuant to nonservice-connected disability in or when regulation is necessary, to select 5 U.S.C. 605(b), this proposed through any VA facility to a veteran regulatory approaches that maximize amendment is exempt from the initial who is also a beneficiary under the net benefits (including potential and final regulatory flexibility analysis third-party payer’s plan. VA’s right to economic, environmental, public health requirements of sections 603 and 604. recover or collect is limited to the extent

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that the beneficiary or a nongovernment (N) Any Medicare supplemental (F) Workers’ compensation program provider of care or services would be insurance plan. or plan sponsor, underwriter, carrier, or eligible to receive reimbursement or (O) Any automobile liability self-insurer. indemnification from the third-party insurance plan. (G) Any other plan or program that is payer if the beneficiary were to incur (P) Any no fault insurance plan, designed to provide compensation or the costs on the beneficiary’s own including any personal injury protection coverage for expenses incurred by a behalf. plan or medical payments benefit plan beneficiary for healthcare services or (2) Definitions. For the purposes of for personal injuries arising from the products. this section: operation of a motor vehicle. (H) A third-party administrator. Automobile liability insurance means Medicare supplemental insurance (b) Calculating reasonable charges. insurance against legal liability for plan means an insurance, medical (1) The ‘‘reasonable charges’’ subject to health and medical expenses resulting service or health-plan contract primarily recovery or collection by VA under this from personal injuries arising from for the purpose of supplementing an section are calculated using the operation of a motor vehicle. eligible person’s benefit under applicable method for such charges Automobile liability insurance includes: Medicare. The term has the same established by VA in 38 CFR 17.101. (A) Circumstances in which liability meaning as ‘‘Medicare supplemental (2) If the third-party payer’s plan benefits are paid to an injured party policy’’ in section 1882(g)(1) of the includes a requirement for a deductible only when the insured party’s tortious Social Security Act (42 U.S.C. 1395, et or copayment by the beneficiary of the acts are the cause of the injuries; and seq.) and 42 CFR part 403, subpart B. plan, VA will recover or collect (B) Uninsured and underinsured reasonable charges less that deductible coverage, in which there is a third-party No-fault insurance means an insurance contract providing or copayment amount. tortfeasor who caused the injuries (i.e., (c) VA’s right to recover or collect is compensation for medical expenses benefits are not paid on a no-fault basis), exclusive. The only way for a third- relating to personal injury arising from but the insured party is not the party payer to satisfy its obligation the operation of a motor vehicle in tortfeasor. under this section is to pay the VA which the compensation is not Health-plan contract means any plan, facility or other authorized premised on who may have been policy, program, contract, or liability representative of the United States. responsible for causing such injury. No- arrangement that provides Payment by a third-party payer to the fault insurance includes personal injury compensation, coverage, or beneficiary does not satisfy the third- protection and medical payments indemnification for expenses incurred party’s obligation under this section. by a beneficiary for medical care or benefits in cases involving personal (1) Pursuant to 38 U.S.C. 1729(b)(2), services, items, products, and supplies. injuries resulting from operation of a the United States may file a claim or It includes but is not limited to: motor vehicle. institute and prosecute legal (A) Any plan offered by an insurer, Participating provider organization proceedings against a third-party payer reinsurer, employer, corporation, means any arrangement in a third-party to enforce a right of the United States organization, trust, organized health payer plan under which coverage is under 38 U.S.C. 1729 and this section. care group or other entity. limited to services provided by a select Such filing or proceedings must be (B) Any plan for which the group of providers who are members of instituted within six years after the last beneficiary pays a premium to an the PPO or incentives (for example, day of the provision of the medical care issuing agent as well as any plan to reduced copayments) are provided for or services for which recovery or which the beneficiary is entitled as a beneficiaries under the plan to receive collection is sought. result of employment or membership in health care services from the members (2) An authorized representative of or association with an organization or of the PPO rather than from other the United States may compromise, group. providers who, although authorized to settle or waive a claim of the United (C) Any Employee Retirement Income be paid, are not included in the PPO. States under this section. and Security Act (ERISA) plan. However, a PPO does not include any (3) The remedies authorized for (D) Any Multiple Employer Trust organization that is recognized as a collection of indebtedness due the (MET). health maintenance organization. United States under 31 U.S.C. 3701, et (E) Any Multiple Employer Welfare Third-party payer means an entity, seq., 4 CFR parts 101 through 104, 28 Arrangement (MEWA). other than the person who received the (F) Any Health Maintenance CFR part 11, 31 CFR part 900, and 38 medical care or services at issue (first CFR part 1, are available to effect Organization (HMO) plan, including any party) and VA who provided the care or such plan with a point-of-service collections under this section. services (second party), responsible for (4) A third-party payer may not, provision or option. the payment of medical expenses on (G) Any individual practice without the consent of a U.S. behalf of a person through insurance, Government official authorized to take association (IPA) plan. agreement or contract. This term (H) Any exclusive provider action under 38 U.S.C. 1729 and this includes, but is not limited to the organization (EPO) plan. part, offset or reduce any payment due (I) Any physician hospital following: under 38 U.S.C. 1729 or this part on the organization (PHO) plan. (A) State and local governments that grounds that the payer considers itself (J) Any integrated delivery system provide such plans other than Medicaid. due a refund from a VA facility. A (IDS) plan. (B) Insurance underwriters or carriers. written request for a refund must be (K) Any management service (C) Private employers or employer submitted and adjudicated separately organization (MSO) plan. groups offering self-insured or partially from any other claims submitted to the (L) Any group or individual medical self-insured medical service or health third-party payer under 38 U.S.C. 1729 services account. plans. or this part. (M) Any participating provider (D) Automobile liability insurance (d) Assignment of benefits or other organization (PPO) plan or any PPO underwriter or carrier. submission by beneficiary not provision or option of any third-party (E) No fault insurance underwriter or necessary. The obligation of the third- payer plan. carrier. party payer to pay is not dependent

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upon the beneficiary executing an (i) Express exclusions or limitations payment as the primary payer to all assignment of benefits to the United in third-party payer plans that are providers to whom payment would not States. Nor is the obligation to pay inconsistent with 38 U.S.C. 1729 are be made under Medicare (including dependent upon any other submission inoperative. For example, a provision in payment under Part A, Part B, a by the beneficiary to the third-party a third-party payer’s plan that purports Medicare HMO, or a Medicare payer, including any claim or appeal. In to disallow or limit payment for services Advantage plan). any case in which VA makes a claim, provided by a government entity or paid (vi) A third-party payer may not appeal, representation, or other filing for by a government program (or similar refuse or reduce third-party payment to under the authority of this part, any exclusion) is not a permissible ground VA because VA’s claim form did not procedural requirement in any third- for refusing or reducing third-party report hospital acquired conditions party payer plan for the beneficiary of payment. (HAC) or present on admission such plan to make the claim, appeal, (ii) No objection, precondition or conditions (POA). VA is exempt from representation, or other filing must be limitation may be asserted that defeats the Medicare Inpatient prospective deemed to be satisfied. A copy of the the statutory purpose of collecting from payment system and the Medicare rules completed VA Form 10–10EZ or VA third-party payers. For example, a for reporting POA or HAC information Form 10–10EZR that includes a provision in a third-party payer’s plan to third-party payers. veteran’s insurance declaration will be that purports to disallow or limit (vii) Health Maintenance provided to payers upon request, in lieu payment for services for which the Organizations (HMOs) may not exclude of a claimant’s statement or patient has no obligation to pay (or claims or refuse to certify emergent and coordination of benefits form. similar exclusion) is not a permissible urgent services provided within the (e) Preemption of conflicting State ground for refusing or reducing third- HMO’s service area or otherwise laws and contracts. Any provision of a party payment. covered non-emergency services (iii) Third-party payers may not treat law or regulation of a State or political provided out of the HMO’s service area. claims arising from services provided in subdivision thereof and any provision of In addition, opt-out or point-of-service or through VA facilities less favorably any contract or agreement that purports options available under an HMO plan than they treat claims arising from to establish any requirement on a third- may not exclude services otherwise services provided in other hospitals. For party payer that would have the effect payable under 38 U.S.C. 1729 or this example, no provision of an employer of excluding from coverage or limiting part. sponsored program or plan that purports payment for any medical care or (g) Records. Pursuant to 38 U.S.C. to make ineligible for coverage services for which payment by the third- 1729(h), VA shall make available for individuals who are eligible to receive party payer under 38 U.S.C. 1729 or this inspection and review to representatives VA medical care and services shall be part is required, is preempted by 38 of third-party payers, from which the permissible. United States seeks payment, recovery, U.S.C. 1729(f) and shall have no force or (iv) The lack of a participation effect in connection with the third-party or collection under 38 U.S.C. 1729, agreement or the absence of privity of appropriate health care records (or payer’s obligations under 38 U.S.C. 1729 contract between a third-party payer or this part. copies of such records) of patients. and VA is not a permissible ground for However, the appropriate records will (f) Impermissible exclusions by third- refusing or reducing third-party party payers. (1) Statutory requirement. be made available only for the purposes payment. of verifying the care and services which Under 38 U.S.C. 1729(f), no provision of (v) A provision in a third-party payer are the subject of the claim(s) for any third-party payer’s plan having the plan, other than a Medicare payment under 38 U.S.C. 1729, and for effect of excluding from coverage or supplemental plan, that seeks to make verifying that the care and services met limiting payment for certain care if that Medicare the primary payer and the the permissible criteria of the terms and care is provided in or through any VA plan the secondary payer or that would conditions of the third-party payer’s facility shall operate to prevent operate to carve out of the plan’s plan. Patient care records will not be collection by the United States. coverage an amount equivalent to the made available under any other (2) General rules. The following are Medicare payment that would be made circumstances to any other entity. VA general rules for the administration of if the services were provided by a will not make available to a third-party 38 U.S.C. 1729 and this part, with provider to whom payment would be payer any other patient or VA records. examples provided for clarification. The made under Part A or Part B of Medicare examples provided are not exclusive. A is not a permissible ground for refusing (Authority: 31 U.S.C. 3711, 38 U.S.C. 501, third-party payer may not reduce, offset, or reducing payment as the primary 1729, 42 U.S.C. 2651) or request a refund for payments made payer to VA by the third-party payer [FR Doc. 2011–15854 Filed 6–23–11; 8:45 am] to VA under the following conditions: unless the provision expressly disallows BILLING CODE 8320–01–P

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Part III Department of the Treasury Internal Revenue Service 26 CFR Part 54 Department of Labor Employee Benefits Security Administration 29 CFR Part 2590 Department of Health and Human Services 45 CFR Part 147 Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review Processes; Final Rule

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DEPARTMENT OF THE TREASURY any personally identifiable information your written comments before the close (such as name, address, or other contact of the comment period to either of the Internal Revenue Service information) or confidential business following addresses: information that you do not want a. For delivery in Washington, DC— 26 CFR Part 54 publicly disclosed. All comments may Centers for Medicare & Medicaid Services, Department of Health and [TD 9532] be posted on the Internet and can be retrieved by most Internet search Human Services, Room 445–G, Hubert RIN 1545–BK30 engines. Comments may be submitted H. Humphrey Building, 200 anonymously. Independence Avenue, SW., DEPARTMENT OF LABOR Department of Labor. Comments to Washington, DC 20201. the Department of Labor, identified by (Because access to the interior of the Employee Benefits Security RIN 1210–AB45, by one of the following Hubert H. Humphrey Building is not Administration methods: readily available to persons without • Federal eRulemaking Portal: http:// Federal government identification, 29 CFR Part 2590 www.regulations.gov. Follow the commenters are encouraged to leave RIN 1210–AB45 instructions for submitting comments. their comments in the CMS drop slots • E-mail: E- located in the main lobby of the DEPARTMENT OF HEALTH AND [email protected]. building. A stamp-in clock is available HUMAN SERVICES • Mail or Hand Delivery: Office of for persons wishing to retain a proof of Health Plan Standards and Compliance filing by stamping in and retaining an [CMS–9993–IFC2] Assistance, Employee Benefits Security extra copy of the comments being filed.) 45 CFR Part 147 Administration, Room N–5653, U.S. b. For delivery in Baltimore, MD— Department of Labor, 200 Constitution Centers for Medicare & Medicaid RIN 0938–AQ66 Avenue, NW., Washington, DC 20210, Services, Department of Health and Attention: RIN 1210–AB45. Human Services, 7500 Security Group Health Plans and Health Comments received by the Boulevard, Baltimore, MD 21244–1850. Insurance Issuers: Rules Relating to Department of Labor will be posted If you intend to deliver your Internal Claims and Appeals and without change to http:// comments to the Baltimore address, External Review Processes www.regulations.gov and http:// please call telephone number (410) 786– AGENCIES: Internal Revenue Service, www.dol.gov/ebsa, and available for 9994 in advance to schedule your Department of the Treasury; Employee public inspection at the Public arrival with one of our staff members. Benefits Security Administration, Disclosure Room, N–1513, Employee Comments mailed to the addresses Department of Labor; Centers for Benefits Security Administration, 200 indicated as appropriate for hand or Medicare & Medicaid Services, Constitution Avenue, NW., Washington, courier delivery may be delayed and Department of Health and Human DC 20210. received after the comment period. Services. Department of Health and Human Internal Revenue Service. Comments Services. In commenting, please refer to to the IRS, identified by REG–125592– ACTION: Amendment to interim final file code CMS–9993–IFC2. Because of 10, by one of the following methods: rules with request for comments. staff and resource limitations, we cannot • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the SUMMARY: This document contains accept comments by facsimile (FAX) amendments to interim final regulations transmission. instructions for submitting comments. • Mail: CC:PA:LPD:PR (REG–125592– implementing the requirements You may submit comments in one of 10), Room 5205, Internal Revenue regarding internal claims and appeals four ways (please choose only one of the Service, P.O. Box 7604, Ben Franklin and external review processes for group ways listed): Station, Washington, DC 20044. health plans and health insurance 1. Electronically. You may submit electronic comments on this regulation • Hand or courier delivery: Monday coverage in the group and individual through Friday between the hours of markets under provisions of the to http://www.regulations.gov. Follow the instructions under the ‘‘More Search 8 a.m. and 4 p.m. to: CC:PA:LPD:PR Affordable Care Act. These rules are (REG–125592–10), Courier’s Desk, intended to respond to feedback from a Options’’ tab. 2. By regular mail. You may mail Internal Revenue Service, 1111 wide range of stakeholders on the Constitution Avenue, NW., Washington, interim final regulations and to assist written comments to the following address ONLY: Centers for Medicare & DC 20224. plans and issuers in coming into full All submissions to the IRS will be compliance with the law through an Medicaid Services, Department of Health and Human Services, Attention: open to public inspection and copying orderly and expeditious implementation in Room 1621, 1111 Constitution process. CMS–9993–IFC2, P.O. Box 8010, Baltimore, MD 21244–8010. Avenue, NW., Washington, DC from DATES: Effective date. This amendment Please allow sufficient time for mailed 9 a.m. to 4 p.m. to the interim final regulations is comments to be received before the FOR FURTHER INFORMATION CONTACT: effective on July 22, 2011. close of the comment period. Amy Turner or Beth Baum, Employee Comment date. Comments are due on 3. By express or overnight mail. You Benefits Security Administration, or before July 25, 2011. may send written comments to the Department of Labor, at (202) 693–8335; ADDRESSES: Written comments may be following address ONLY: Centers for Karen Levin, Internal Revenue Service, submitted to any of the addresses Medicare & Medicaid Services, Department of the Treasury, at (202) specified below. Any comment that is Department of Health and Human 622–6080; Ellen Kuhn, Centers for submitted to any Department will be Services, Attention: CMS–9993–IFC2, Medicare & Medicaid Services, shared with the other Departments. Mail Stop C4–26–05, 7500 Security Department of Health and Human Please do not submit duplicates. Boulevard, Baltimore, MD 21244–1850. Services, at (301) 492–4100. All comments will be made available 4. By hand or courier. If you prefer, Customer Service Information: to the public. Warning: Do not include you may deliver (by hand or courier) Individuals interested in obtaining

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information from the Department of processes for group health plans and 2. Notwithstanding the rule in the Labor concerning employment-based health insurance issuers offering DOL claims procedure regulation that health coverage laws may call the EBSA coverage in the group and individual provides for notification in the case of Toll-Free Hotline at 1–866–444–EBSA markets. The requirements of PHS Act urgent care claims 5 not later than 72 (3272) or visit the Department of Labor’s section 2719 and the July 2010 hours after the receipt of the claim, a Web site (http://www.dol.gov/ebsa). In regulations do not apply to plan or issuer must notify a claimant of addition, information from HHS on grandfathered health plans under a benefit determination (whether private health insurance for consumers section 1251 of the Affordable Care adverse or not) with respect to a claim can be found on the Centers for Act.2 involving urgent care as soon as Medicare & Medicaid Services (CMS) A. Internal Claims and Appeals possible, taking into account the Web site (http://www.cms.hhs.gov/ medical exigencies, but not later than 24 HealthInsReformforConsume/ With respect to internal claims and hours after the receipt of the claim by 01_Overview.asp). Information on appeals processes for group health plans the plan or issuer.6 health reform can be found at http:// and health insurance issuers offering 3. Clarifications with respect to full www.healthcare.gov. group health insurance coverage, PHS and fair review, such that plans and Act section 2719 provides that plans SUPPLEMENTARY INFORMATION: issuers are clearly required to provide and issuers must initially incorporate the claimant (free of charge) with new I. Background the internal claims and appeals or additional evidence considered, The Patient Protection and Affordable processes set forth in regulations relied upon, or generated by (or at the Care Act, Public Law 111–148, was promulgated by the Department of Labor direction of) the plan or issuer in enacted on March 23, 2010; the Health (DOL) at 29 CFR 2560.503–1 (the DOL connection with the claim, as well as Care and Education Reconciliation Act, claims procedure regulation) and update any new or additional rationale for a Public Law 111–152, was enacted on such processes in accordance with denial at the internal appeals stage, and March 30, 2010 (collectively known as standards established by the Secretary a reasonable opportunity for the the ‘‘Affordable Care Act’’). The of Labor. Similarly, with respect to claimant to respond to such new Affordable Care Act reorganizes, internal claims and appeals processes evidence or rationale. amends, and adds to the provisions in for individual health insurance 4. Clarifications regarding conflicts of part A of title XXVII of the Public coverage, issuers must initially interest, such that decisions regarding Health Service Act (PHS Act) relating to incorporate the internal claims and hiring, compensation, termination, group health plans and health insurance appeals processes set forth in applicable promotion, or other similar matters with issuers in the group and individual State law and update such processes in respect to an individual, such as a markets. The term ‘‘group health plan’’ accordance with standards established claims adjudicator or medical expert, includes both insured and self-insured by the Secretary of HHS. must not be based upon the likelihood group health plans.1 The Affordable The July 2010 regulations provided that the individual will support the Care Act adds section 715(a)(1) to the such updated standards for compliance denial of benefits. Employee Retirement Income Security and invited comment on the updated 5. Notices must be provided in a Act (ERISA) and section 9815(a)(1) to standards. In particular, the July 2010 culturally and linguistically appropriate regulations provided the following the Internal Revenue Code (the Code) to 3 manner, as required by the statute, and incorporate the provisions of part A of additional standards for internal as set forth in paragraph (e) of the July title XXVII of the PHS Act into ERISA claims and appeals processes: 2010 regulations. 1. The scope of adverse benefit and the Code, and make them 6. Notices to claimants must provide determinations eligible for internal applicable to group health plans, and additional content. Specifically: health insurance issuers providing claims and appeals includes a rescission a. Any notice of adverse benefit health insurance coverage in connection of coverage (whether or not the determination or final internal adverse rescission has an adverse effect on any benefit determination must include with group health plans. The PHS Act 4 sections incorporated by this reference particular benefit at the time). information sufficient to identify the are sections 2701 through 2728. PHS claim involved, including the date of 2 The Departments published interim final Act sections 2701 through 2719A are regulations implementing section 1251 of the the service, the health care provider, the substantially new, though they Affordable Care Act on June 17, 2010, at 75 FR claim amount (if applicable), the incorporate some provisions of prior 34538, as amended on November 17, 2010 at 75 FR diagnosis code and its corresponding law. PHS Act sections 2722 through 70114. meaning, and the treatment code and its 2728 are sections of prior law 3 To address certain relevant differences in the corresponding meaning. group and individual markets, the July 2010 renumbered, with some, mostly minor, regulations provided that health insurance issuers changes. offering individual health insurance coverage must or a failure to provide payment (in whole or in part) On July 23, 2010, the Departments of comply with three additional requirements for for a benefit is an adverse benefit determination Health and Human Services (HHS), internal claims and appeals processes. First, the eligible for internal claims and appeals processes. July 2010 regulations include initial eligibility 5 A claim involving urgent care is generally a Labor, and the Treasury (the determinations in the individual market within the claim for medical care or treatment with respect to Departments) issued interim final scope of claims eligible for internal appeals. which the application of the time periods for regulations implementing PHS Act Second, health insurance issuers offering individual making non-urgent care determinations could section 2719 at 75 FR 43330 (July 2010 health insurance coverage are permitted only one seriously jeopardize the life or health of the regulations), regarding internal claims level of internal appeal. Third, health insurance claimant or the ability of the claimant to regain issuers offering individual health insurance maximum function; or, in the opinion of the and appeals and external review coverage must maintain all records of claims and physician with knowledge of the claimant’s medical notices associated with internal claims and appeals condition, would subject the claimant to severe 1 The term ‘‘group health plan’’ is used in title for six years and must make these records available pain that cannot be adequately managed without XXVII of the PHS Act, part 7 of ERISA, and chapter for examination by the claimant, State or Federal the care or treatment that is the subject of the claim. 100 of the Code, and is distinct from the term oversight agency. 75 FR 43330, 43334 (July 23, 6 Under the July 2010 regulations, there is a ‘‘health plan’’, as used in other provisions of title 2010). special exception if the claimant fails to provide I of the Affordable Care Act. The term ‘‘health 4 This definition is broader than the definition in sufficient information to determine whether, or to plan’’, as used in those provisions, does not include the DOL claims procedure regulation, which what extent, benefits are covered or payable under self-insured group health plans. provides that a denial, reduction, or termination of, the plan.

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b. The plan or issuer must ensure that not take any enforcement action against of information sufficient to identify a the reason or reasons for an adverse a group health plan, and HHS would not claim (other than the diagnosis and benefit determination or final internal take any enforcement action against a treatment information), (b) the reasons adverse benefit determination includes self-funded nonfederal governmental for an adverse benefit determination, (c) the denial code and its corresponding health plan that is working in good faith the description of available internal meaning, as well as a description of the to implement such additional standards appeals and external review processes, plan’s or issuer’s standard, if any, that but does not yet have them in place.8 and (d) for plans and issuers in States was used in denying the claim. In the Based on further review of the in which an office of health consumer case of a final internal adverse benefit comments received on the July 2010 assistance program or ombudsman is determination, this description must regulations and T.R. 2010–02, and other operational, the disclosure of the also include a discussion of the feedback from interested stakeholders, availability of, and contact information decision. on March 18, 2011, the Department of for, such program.11 c. The plan or issuer must provide a Labor issued Technical Release 2011– T.R. 2011–01 also stated the description of available internal appeals 01 9 (T.R. 2011–01), which modified and Departments’ intent to issue an and external review processes, extended the enforcement grace period amendment to the July 2010 regulations including information regarding how to set forth in T.R. 2010–02. Specifically, that would take into account comments initiate an appeal. T.R. 2011–01 extended the enforcement and other feedback received from d. The plan or issuer must disclose grace period until plan years beginning stakeholders and make modifications to the availability of, and contact on or after January 1, 2012 with respect certain provisions of the July 2010 information for, an applicable office of to standard #2 above (regarding the regulations. T.R. 2011–01 went on to health insurance consumer assistance or timeframe for making urgent care claims state that the relief was intended to act ombudsman established under PHS Act decisions), standard #5 above (regarding as a bridge until an amendment to the section 2793. providing notices in a culturally and July 2010 regulations was issued. 7. If a plan or issuer fails to strictly linguistically appropriate manner), and This amendment to the July 2010 adhere to all the requirements of the standard #7 above (regarding regulations makes changes with respect July 2010 regulations, the claimant is exhaustion). Moreover, whereas T.R. to the provisions subject to the deemed to have exhausted the plan’s or 2010–02 required plans to be working in enforcement grace period under T.R. issuer’s internal claims and appeals good faith to implement such standards 2011–01. At the expiration of the process, regardless of whether the plan for the enforcement grace period to enforcement grace period, the or issuer asserts that it has substantially apply, T.R. 2011–01 stated that no such Departments will begin enforcing the complied, and the claimant may initiate requirement would apply for either the relevant requirements of the July 2010 any available external review process or extended or the original enforcement regulations, as amended by this remedies available under ERISA or grace period. rulemaking. under State law. With respect to standard #6 above B. External Review On September 20, 2010, based on a (requiring broader content and preliminary review of comments from specificity in notices), T.R. 2011–01 1. Applicability of Federal and State stakeholders which indicated that they extended the enforcement grace period External Review Processes believed more time was needed to come only in part. Specifically, with respect PHS Act section 2719, the July 2010 into compliance with PHS Act section to the requirement to disclose diagnosis 2719 and the additional internal claims regulations, and technical guidance codes and treatment codes (and their issued by the Departments 12 provide a and appeal standards in the July 2010 corresponding meanings), T.R. 2011–01 regulations, the Department of Labor system with respect to applicability of extended the enforcement grace period either a State external review process or issued Technical Release 2010–02 (T.R. until plan years beginning on or after 2010–02), which set forth an a Federal external review process for January 1, 2012.10 With respect to the non-grandfathered plans and issuers. enforcement grace period until July 1, other disclosure requirements of 2011 for compliance with certain new How this impacts plans and issuers standard #6, the enforcement grace varies, depending on the type of provisions with respect to internal period was extended from July 1, 2011 claims and appeals.7 coverage: until the first day of the first plan year a. Self-insured plans subject to ERISA Specifically, T.R. 2010–02 set forth an beginning on or after July 1, 2011 enforcement grace period until July 1, and/or the Code. (which is January 1, 2012 for calendar In the case of self-insured plans 2011 with respect to standard #2 above year plans), affecting: (a) The disclosure subject to ERISA and/or the Code, a (regarding the timeframe for making urgent care claims decisions), standard 8 T.R. 2010–02 also stated that HHS was 11 Any enforcement grace period with respect to #5 above (regarding providing notices in encouraging States to provide similar grace periods disclosure requirements that has been provided a culturally and linguistically with respect to issuers and HHS would not cite a under T.R. 2010–02 or T.R. 2011–01 does not affect appropriate manner), standard #6 above State for failing to substantially enforce the disclosure requirements still in effect for ERISA (requiring broader content and provisions of part A of title XXVII of the PHS Act plans under the DOL claims procedure regulation in these situations. and/or Part 1 of ERISA. specificity in notices), and standard #7 9 T.R. 2011–01 is available at http://www.dol.gov/ 12 See DOL Technical Release 2010–01, available above (regarding exhaustion). T.R. ebsa/pdf/tr11-01.pdf. at http://www.dol.gov/ebsa/pdf/ 2010–02 also stated that, during that 10 Information related to diagnosis and treatment ACATechnicalRelease2010-01.pdf; HHS Technical period, the Department of Labor and the codes (and/or their meanings) is, however, Guidance issued August 26, 2010, available at generally required to be provided to claimants upon http://cciio.cms.gov/resources/files/interim_appeals Internal Revenue Service (IRS) would request under existing DOL claims procedures. See _guidance.pdf; and HHS Technical Guidance issued 29 CFR 2560.503–1(h)(2)(iii), which is also September 23, 2010, available at http:// 7 Technical Release 2010–02 is available at applicable to plans (whether or not they are ERISA cciio.cms.gov/resources/files/technical_guidance http://www.dol.gov/ebsa/pdf/ACATechnicalRelease plans) and issuers that are not grandfathered health _for_self_funded_non_fed_plans.pdf. Additional 2010-02.pdf. HHS published a corresponding plans pursuant to paragraph (b)(2)(i) of the July clarifications were provided in the form of guidance document, available at: http:// 2010 regulations. Nevertheless, a request for such frequently-asked questions (FAQs), available at cciio.cms.gov/resources/files/ information, in itself, should not be considered to http://www.dol.gov/ebsa/faqs/faq-aca.html and interim_procedures_for_internal_claims_and be a request for (and therefore trigger the start of) http://cciio.cms.gov/resources/factsheets/ _appeals.pdf. an internal appeal or external review. aca_implementation_faqs.html#claims.

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Federal external review process issuers in that State). During the external review process (Alabama, supervised by DOL and Treasury transition period, in States and Mississippi, Nebraska, Guam, American applies (the ‘‘private accredited IRO territories without an existing State Samoa, U.S. Virgin Islands and the process’’ 13). On August 23, 2010, the external review process (Alabama, Northern Mariana Islands), previous Department of Labor issued Technical Mississippi, Nebraska, Guam, American HHS guidance generally provided that Release 2010–01 (T.R. 2010–01), which Samoa, U.S. Virgin Islands and the such plans may choose to follow the set forth an interim enforcement safe Northern Mariana Islands), HHS HHS-administered process or follow the harbor for self-insured plans not subject guidance generally provided that health private accredited IRO process.) to a State external review process or to insurance issuers will participate in the Separate guidance being issued the HHS-supervised process (the ‘‘HHS- HHS-administered process. As contemporaneous with the publication administered process’’).14 This interim explained later in this preamble, this of this amendment generally treats self- enforcement safe harbor essentially amendment to the July 2010 regulations insured nonfederal governmental plans permits a private contract process under modifies the transition period originally the same as health insurance issuers. which plans contract with accredited issued as part of the July 2010 That is, a State may temporarily operate independent review organizations regulations so that the last day of the such an external review process (IROs) to perform reviews. Separate transition period for all health insurance applicable to a self-insured nonfederal guidance being issued contemporaneous issuers offering group and individual governmental plan under Federal with the publication of this amendment health insurance coverage is December standards similar to the process under makes adjustments to, and provides 31, 2011. the NAIC Uniform Model Act. If no such clarifications regarding, the operation of In addition, the July 2010 regulations State-operated process exists, self- the private accredited IRO process. provided that, following the conclusion insured nonfederal governmental plans b. Insured coverage. of the transition period, health have the choice of participating in either In the case of health insurance issuers insurance issuers in a State that does the HHS-administered process or the in the group and individual market, the not meet the minimum consumer private accredited IRO process. July 2010 regulations set forth 16 protection standards set forth in minimum consumer protections based paragraph (c) of the July 2010 2. Scope of Claims Eligible for External on the Uniform External Review Model regulations will participate in an Review Act promulgated by the National external review process under Federal While the process varies depending standards similar to the process under Association of Insurance Commissioners on the type of coverage, so does the the NAIC Uniform Model Act, such as (NAIC) that, if provided by a State scope of claims eligible for external the HHS-administered process. Separate external review process, will result in review. That is, for insurance coverage guidance being issued contemporaneous the State’s process applying in lieu of a and self-insured nonfederal with the publication of this amendment Federal external review process. governmental plans subject to a State announces standards under which, until Moreover, for insured group health external review process (either an NAIC- January 1, 2014, a State may also plans, as provided under paragraph parallel process or an NAIC-similar operate such an external review process (c)(1) of the July 2010 regulations, if a process), the State determines the scope under Federal standards similar to the State external review process applies to of claims eligible for external review.16 process under the NAIC Uniform Model and is binding on the plan’s health For coverage subject to either the HHS- Act (an ‘‘NAIC-similar process’’). insurance issuer under paragraph (c) of administered process or the private Accordingly, if HHS determines that a the July 2010 regulations (regarding accredited IRO process, the July 2010 State has neither implemented the State standards for external review), regulations provided that any adverse minimum consumer protections then the insured group health plan is benefit determination (or final internal required under paragraph (c) of the July not required to comply with either the adverse benefit determination) could be 2010 regulations, nor an NAIC-similar State external review process or the reviewed unless it is related to a process, issuers in the State will have Federal external review process. The participant’s or beneficiary’s failure to the choice of participating in either the July 2010 regulations provided a meet the requirements for eligibility HHS-administered process or the transition period for plan years (in the under the terms of a group health plan. private accredited IRO process. HHS is individual market, policy years) As explained later in this preamble, this adopting this approach to permit States beginning before July 1, 2011, during amendment to the July 2010 regulations to operate their external review which any existing State external review modifies the scope of claims eligible for process will be considered sufficient processes under standards established (and will apply to health insurance by the Secretary until January 1, 2014, 16 Under paragraphs (c)(2)(i) and (c)(2)(xvi) of the avoiding unnecessary disruption, while July 2010 regulations, State processes must provide 13 For simplicity, the Federal external review States work to adopt an ‘‘NAIC-parallel external review for adverse benefit determinations process for self-insured plans subject to ERISA and/ process,’’ consistent with the consumer (including final internal adverse benefit or the Code supervised by DOL and Treasury is protections set forth in paragraph (c) of determinations) that are based on issuer’s (or plan’s) referred to as the ‘‘private accredited IRO process’’ requirements for medical necessity, throughout this preamble. However, the interim the July 2010 regulations. appropriateness, health care setting, level of care, or procedures for Federal external review issued as c. Self-insured, nonfederal effectiveness of a covered benefit; or that involve DOL Technical Release 2010–01 also recognizes governmental plans. experimental or investigational treatment. (A State that States may choose to expand access to their For self-insured, nonfederal external review process may also provide for State external review process to plans not subject governmental plans (which are subject external review of a broader scope of adverse to applicable State laws (such as self-insured ERISA benefit determinations.) At the same time, plans) and allows those plans to meet their to the PHS Act, but not ERISA or the paragraph (c)(3) of the July 2010 regulations responsibilities to provide external review under Code), previous HHS guidance generally provides a transition period during which a State PHS Act section 2719(b) by voluntarily complying provided that they follow the private external review process will be considered binding with the provisions of that State external review accredited IRO process.15 (In States and on an issuer (or a plan), in lieu of the requirements process. of any Federal external review process, even if the 14 HHS Technical Guidance issued August 26, territories that did not have an existing State process does not meet all the requirements of 2010 provided that, for insured coverage, the paragraph (c)(2) of the July 2010 regulations. That Federal external review process would be fulfilled 15 See HHS Technical Guidance issued September transition period is being modified by this through the HHS-administered process. 23, 2010. amendment, as described below.

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external review under the Federal as soon as possible consistent with the applicable),20 as well as the diagnosis external review process. medical exigencies involved, making code (such as an ICD–9 code, ICD–10 the change to a 24-hour timeframe code, or DSM–IV code),21 the treatment II. Overview of Amendments to the unnecessary for the most serious code (such as a CPT code),22 and the Interim Final Regulations medical cases. Some commenters cited corresponding meanings of these codes. A. Internal Claims and Appeals the Emergency Medical Treatment and (b) Ensure that the description of the 19 reason or reasons for the adverse benefit 1. Expedited Notification of Benefit Labor Act (EMTALA), which generally Determinations Involving Urgent Care requires hospitals to provide emergency determination or final internal adverse (Paragraph (b)(2)(ii)(B) of the July 2010 care to individuals with or without benefit determination includes the Regulations) insurance or preauthorization and, denial code (such as a CARC and therefore, mitigates the need for RARC) 23 and its corresponding The July 2010 regulations provided expedited pre-service emergency claims meaning. It must also include a that a plan or issuer must notify a determinations in many situations. description of the plan’s or issuer’s claimant of a benefit determination Finally, some commenters stated that a standard, if any, that was used in (whether adverse or not) with respect to firm 24-hour turnaround for urgent care denying the claim (for example, if a plan a claim involving urgent care (as claims will adversely affect claimants, applies a medical necessity standard in defined in the DOL claims procedure as plans and issuers will not have denying a claim, the notice must 17 regulation) as soon as possible, taking sufficient time to properly review a include a description of the medical into account the medical exigencies, but claim, adversely affecting the quality of necessity standard). In the case of a not later than 24 hours after the receipt the review process in cases where the notice of final internal adverse benefit of the claim by the plan or issuer, unless provider cannot be consulted in time, determination, this description must the claimant fails to provide sufficient and leading to unnecessary denials of include a discussion of the decision. information to determine whether, or to claims. (c) Provide a description of available what extent, benefits are covered or After considering the comments, and internal appeals and external review payable under the plan or health the costs and benefits of an absolute 24- processes, including information insurance coverage. This was a change hour decision-making deadline for pre- regarding how to initiate an appeal. from the DOL claims procedure service urgent care claims, this (d) Disclose the availability of, and regulation, which generally requires a amendment permits plans and issuers to contact information for, any applicable determination not later than 72 hours follow the original rule in the DOL office of health insurance consumer after receipt of the claim by a group claims procedure regulation (requiring assistance or ombudsman established health plan for urgent care claims. The decision-making in the context of pre- under PHS Act section 2793 to assist preamble to the July 2010 regulations service urgent care claims as soon as enrollees with the internal claims and stated that the Departments expected possible consistent with the medical appeals and external review electronic communication would enable exigencies involved but in no event later processes.24 faster decision-making than in the year than 72 hours), provided that the plan Many comments received on the July 2000, when the DOL claims procedure 2010 regulations raised concerns about 18 or issuer defers to the attending regulation was issued. provider with respect to the decision as the additional content required to be While some commenters supported to whether a claim constitutes ‘‘urgent included in the notices. Comments by a the 24-hour rule (particularly consumer care.’’ At the same time, the range of stakeholders, including plans, advocates and medical associations, Departments underscore that the 72- issuers, and consumer advocacy including mental health providers who hour timeframe remains only an outside organizations focused heavily on the noted the 24-hour standard was limit and that, in cases where a decision automatic provision of the diagnosis especially important for people in must be made more quickly based on psychiatric crisis), concerns were raised 20 the medical exigencies involved, the The amount of the claim may not be knowable by many plans and issuers regarding the or available at the time, such as in a case of requirement remains that the decision burden of a 24-hour turnaround. Some preauthorization, or there may be no specific claim, should be made sooner than 72 hours commenters argued that some of the such as in a case of rescission that is not connected after receipt of the claim. to a claim. claims constituting ‘‘urgent care’’ and 21 ICD–9 and ICD–10 codes refer to the thus qualifying for the expedited 2. Additional Notice Requirements for International Classification of Diseases, 9th revision timeframe really do not need to be made Internal Claims and Appeals (Paragraph and 10th revision, respectively. The DSM–IV codes within 24 hours. Moreover, a number of (b)(2)(ii)(E) of the July 2010 Regulations) refer to the Diagnostic and Statistical Manual of commenters highlighted that the Mental Disorders, Fourth Edition. The July 2010 regulations also 22 CPT refers to Current Procedural Terminology. 72-hour provision was intended only to provided additional content 23 CARC refers to Claim Adjustment Reason Code serve as a ‘‘backstop’’; as the general requirements for any notice of adverse and RARC refers to Remittance Advice Remark rule under both the July 2010 Code. benefit determination or final internal regulations and the DOL claims 24 To assist plans and issuers in making these adverse benefit determination. The July procedure regulation requires a decision disclosures, the Departments provided a current list 2010 regulations required a plan or of relevant consumer assistance programs and issuer to: ombudsmen in the Appendix to T.R. 2011–01. 17 Under the DOL claims procedure regulation, a Plans and issuers with July 1 plan years may rely ‘‘claim involving urgent care’’ is a claim for medical (a) Ensure that any notice of adverse upon the list in that Appendix when developing care or treatment with respect to which the benefit determination or final internal their notices of adverse benefit determination and application of the time periods for making non- adverse benefit determination includes final internal adverse benefit determination for plan urgent care determinations could seriously information sufficient to identify the years beginning on July 1, 2011. The Departments jeopardize the life or health of the claimant or the are committed to reviewing and updating this list. ability of the claimant to regain maximum function; claim involved. Under the July 2010 The first update is being made available or, in the opinion of a physician with knowledge regulations, this information included contemporaneous with publication of this of the claimant’s medical condition, would subject the date of service, the health care amendment. The first update is available (and any the claimant to severe pain that cannot be provider, and the claim amount (if future updates will be made available) at http:// adequately managed without the care or treatment www.dol.gov/ebsa/healthreform and http:// that is the subject of the claim. cciio.cms.gov/programs/consumer/capgrants/ 18 75 FR 43330, 43333 (July 23, 2010). 19 42 U.S.C. 1395dd. index.html.

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and treatment codes (and their additional disclosure, this amendment The Departments continue to believe meanings). Concerns were raised about eliminates the requirement to that claimants should not have to follow privacy (because explanations of automatically provide the diagnosis and an internal claims and appeals benefits (EOBs) often are sent to an treatment codes as part of a notice of procedure that is less than full, fair, and individual who is not the patient, such adverse benefit determination (or final timely, as set forth in the July 2010 as an employee who is the patient’s internal adverse benefit determination) regulations. In response to comments, spouse or parent), interference with the and instead substitutes a requirement the Departments are retaining the doctor-patient relationship,25 and high that the plan or issuer must provide general approach to this requirement, costs.26 More specifically, commenters notification of the opportunity to but this amendment also adds a new highlighted that sensitive issues such as request the diagnosis and treatment paragraph (b)(2)(ii)(F)(2) to the July 2010 mental health treatments would be codes (and their meanings) in all notices regulations to provide an exception to identified by specific treatment or of adverse benefit determination (and the strict compliance standard for errors diagnosis codes and that privacy notices of final internal adverse benefit that are minor and meet certain other concerns are magnified for adult determination), and a requirement to specified conditions. The new dependents under age 26 who may be provide this information upon paragraph will also protect claimants covered by their parent’s health plan. request.28 This amendment also clarifies whose attempts to pursue other Others pointed out that there are over that, in any case, a plan or issuer must remedies under paragraph (b)(2)(ii)(F)(1) 20,000 treatment and diagnosis codes in not consider a request for such of the interim final regulations are use today, presenting a costly diagnosis and treatment information, in rejected by a reviewing tribunal. Under administrative and operational itself, to be a request for (and therefore the amended approach, any violation of challenge for plans and issuers. trigger the start of) an internal appeal or the procedural rules of the July 2010 Comments also questioned the efficacy external review. regulations pertaining to internal claims of providing the codes, which some and appeals would permit a claimant to argued are often very difficult for the 3. Deemed Exhaustion of Internal seek immediate external review or court average patient to understand.27 Claims and Appeals Processes action, as applicable, unless the Other comments were received in (Paragraph (b)(2)(ii)(F) of the July 2010 violation was: support of the coding provisions. Regulations) (1) De minimis; Consumer advocates commented (2) Non-prejudicial; positively on the requirement that The courts generally require claimants (3) Attributable to good cause or denial notices include information for to exhaust administrative proceedings matters beyond the plan’s or issuer’s consumers about their right to appeal before going to court or seeking external control; denials and the availability of state review. When plans and issuers offer (4) In the context of an ongoing good- consumer assistance programs (CAPs) full and fair internal procedures for faith exchange of information; and that will help consumers file appeals. resolving claims, it is reasonable to (5) Not reflective of a pattern or There were also positive comments on insist that claimants first turn to those practice of non-compliance. the requirement to provide a rationale procedures before seeking judicial or In addition, the claimant would be for the denial (including a description of external review of benefit denials. There entitled, upon written request, to an the plan’s or issuer’s standard (such as is less justification, however, for explanation of the plan’s or issuer’s ‘‘medical necessity’’), if any, that was insisting that a claimant exhaust basis for asserting that it meets this used denying the claim). With respect to administrative procedures that do not standard, so that the claimant could the provision of coding information, comply with the law. Accordingly, the make an informed judgment about some commented that this would be July 2010 regulations permitted whether to seek immediate review. helpful to consumers because coding claimants to immediately seek review if Finally, if the external reviewer or the errors and missing coding information a plan or issuer failed to ‘‘strictly court rejects the claimant’s request for often are the basis for denying claims. adhere’’ to all of the July 2010 immediate review on the basis that the After considering all of the comments, regulations’ requirements for internal plan met this standard, this amendment and the costs and benefits of the claims and appeals processes, regardless would give the claimant the right to of whether the plan or issuer asserted resubmit and pursue the internal appeal 25 Several commenters raised concerns that that it ‘‘substantially complied’’ with of the claim. the July 2010 regulations. The July 2010 providers’ initial or suspected diagnosis may not 4. Form and Manner of Notice match the ultimate diagnosis or patients’ perception regulations also clarified that, in such (Paragraph (e) of the July 2010 of their diagnosis. One commenter gave the circumstances, the reviewing tribunal example of a patient who has a biopsy procedure. Regulations) In that case, the patient would receive an EOB with should not give special deference to the an initial diagnosis code of cancer, however the plan’s or issuer’s decision, but rather PHS Act section 2719 requires group results of the biopsy may rule out cancer. In that should resolve the dispute de novo. health plans and health insurance situation, the EOB can result in confusion and Consumer groups generally supported issuers to provide relevant notices in a unnecessary mental anguish. culturally and linguistically appropriate 26 this ‘‘strict adherence’’ approach, but In particular, comment letters cited concerns manner. The July 2010 regulations set with respect to programming aspects of providing the approach received a number of diagnosis codes at a time when plans and issuers negative comments from some issuers forth a requirement to provide notices in are changing over from ICD–9 diagnosis codes to and plan sponsors, who advocate a a non-English language based on more extensive and technical ICD–10 codes. ‘‘substantial compliance’’ approach. separate thresholds of the number of 27 Several commenters noted that technical ICD– people who are literate in the same non- 9 and/or ICD–10 codes can be confusing and/or cause worry. One commenter gave the example of 28 As discussed earlier, in footnote 9, information English language. In the group market, a patient presenting with a white coating on his related to diagnosis and treatment codes (and/or the threshold set forth in the July 2010 tongue, who is told not to worry and to brush the their meanings) is, however, generally required to regulations differs depending on the tongue with a toothbrush. The diagnosis code is be provided to claimants upon request under number of participants in the plan: 529.3, hypertrophy of tongue papillae, a term not existing DOL claims procedures, which is also • For a plan that covers fewer than used by the patient’s doctor during the office visit incorporated in the July 2010 regulations. See 29 and, therefore, prone to cause confusion and/or CFR 2560.503–1(h)(2)(iii) and paragraph (b)(2)(i) of 100 participants at the beginning of a concern. the July 2010 regulations. plan year, the threshold is 25 percent of

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all plan participants being literate only language. Some of these commenters an entire State (or for a particular in the same non-English language. cited the high costs associated with service area) that reflects the threshold • For a plan that covers 100 or more implementing translation requirements language or languages in any county participants at the beginning of a plan pursuant to California State law and the within the State or service area. For year, the threshold is the lesser of 500 low take-up rates of translated materials example, statewide notices in California participants, or 10 percent of all plan in California. Some commenters also could include the relevant one-sentence participants, being literate only in the cited the importance of having written statement in Spanish and Chinese same non-English language. translation of documents available (at a because, using the data from Table 2, These thresholds were adapted from minimum, upon request), as well as Spanish meets the 10 percent threshold the DOL regulations regarding style and having oral language services for in Los Angeles County and 22 other format for a summary plan description, customer assistance. counties and Chinese meets the 10 at 29 CFR 2520.102–2(c) for participants Following review of the comments percent threshold in San Francisco who are not literate in English. For the submitted on this issue and further County. This would be a permissible individual market, the threshold is 10 review and consideration of the approach to meeting the rule under this percent of the population residing in the provisions of PHS Act section 2719, the amendment. county being literate only in the same Departments have determined it is In addition to including a statement non-English language. The individual appropriate to amend the provisions of in all notices in the relevant non- market threshold was generally adapted the July 2010 regulations related to the English language, this amendment from the approach used under the provision of notices in a culturally and requires a plan or issuer to provide a Medicare Advantage program, which linguistically appropriate manner. This customer assistance process (such as a required translation of materials in amendment establishes a single telephone hotline) with oral language languages spoken by more than 10 threshold with respect to the percentage services in the non-English language percent of the general population in a of people who are literate only in the and provide written notices in the non- service area at the time the threshold same non-English language for both the English language upon request. For this was established. group and individual markets. With purpose, plans and issuers are permitted Under the July 2010 regulations, if an respect to group health plans and health to direct claimants to the same customer applicable threshold is met with respect insurance issuers offering group or service telephone number where to a non-English language, the plan or individual health insurance coverage, representatives can first attempt to issuer must provide the notice upon the threshold percentage of people who address the consumer’s questions with request in the non-English language. are literate only in the same non-English an oral discussion, but also provide a Additionally, the plan or issuer must language will be set at 10 percent or written translation upon request in the include a statement in the English more of the population residing in the threshold non-English language. Finally, versions of all notices, prominently claimant’s county, as determined based this amendment removes any ‘‘tagging displayed in the non-English language, on American Community Survey data and tracking’’ requirement that would offering the provision of such notices in published by the United States Census have otherwise applied under the July the non-English language. Finally, to the Bureau.29 The Departments will update 2010 regulations. extent the plan or issuer maintains a this guidance annually on their Web site This amendment to the July 2010 customer assistance process (such as a if there are changes to the list of the regulations provides standards for telephone hotline) that answers counties determined to meet this 10 providing culturally and linguistically questions or provides assistance with percent threshold for the county’s appropriate notices that balance the filing claims and appeals, the plan or population being literate only in the objective of protecting consumers by issuer must provide such assistance in same non-English language.30 providing understandable notices to the non-English language. This amendment to the July 2010 individuals who speak primary Comments received in response to the regulations requires that each notice languages other than English with the July 2010 regulations raised several sent by a plan or issuer to an address in goal of simplifying information concerns about this requirement. One a county that meets this threshold collection burdens on plans and issuers. group of commenters stated that the include a one-sentence statement in the (Note, nothing in these regulations thresholds for the group market were relevant non-English language about the should be construed as limiting an difficult to comply with, especially for availability of language services. The individual’s rights under Federal or small plans (where an individual or a Departments have provided guidance State civil rights statutes, such as Title small number of individuals could with sample sentences in the relevant VI of the Civil Rights Act of 1964 (Title cause a plan to change status with languages in separate guidance being VI) which prohibits recipients of respect to the threshold) and insured issued contemporaneous with the Federal financial assistance, including plans (where the issuer may be in a very publication of this amendment. For ease issuers participating in Medicare difficult position to determine the of administration, some plans and Advantage, from discriminating on the English literacy of an employer’s issuers may choose to use a one- basis of race, color, or national origin. workforce). Some commenters stated sentence statement for all notices within To ensure non-discrimination on the that the threshold requirements for the basis of national origin, recipients are group and individual markets should be 29 At the time of publication of this amendment, required to take reasonable steps to consistent. 255 U.S. counties (78 of which are in Puerto Rico) ensure meaningful access to their Other commenters were concerned meet this threshold. The overwhelming majority of programs and activities by limited with the high costs of compliance with these are Spanish; however, Chinese, Tagalog, and English proficient persons. For more Navajo are present in a few counties, affecting five this rule, particularly the ‘‘tagging and states (specifically, Alaska, Arizona, California, information, see, ‘‘Guidance to Federal tracking requirement’’ to the extent that New Mexico, and Utah). A full list of the affected Financial Assistance Recipients individuals who request a document in U.S. counties in 2011 is included in Table 2 later Regarding Title VI Prohibition Against a non-English language would need to in this preamble, under the heading, ‘‘IV. Economic National Origin Discrimination Impact and Paperwork Burden.’’ be ‘‘tagged’’ and ‘‘tracked’’ so that any 30 This information will be made available at Affecting Limited English Proficient future notices would be provided http://www.dol.gov/ebsa/healthreform and http:// Persons,’’ available at http:// automatically in the non-English cciio.cms.gov/. www.hhs.gov/ocr/civilrights/resources/

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specialtopics/lep/ December 31, 2011 to give States, which 2. Scope of the Federal External Review policyguidancedocument.html.) are making substantial progress in Process The Departments welcome comments implementing State external review Paragraph (d)(1) of the July 2010 on this amendment, including whether processes that conform to paragraph regulations sets forth the scope of claims it would be appropriate to include a (c)(2), the requisite time to complete eligible for external review under the provision in the final rules requiring that process. Because the July 2010 Federal external review process. health insurance issuers providing regulations would have ended the Specifically, any adverse benefit group health insurance coverage to transition period for plan years (in the determination (including a final internal provide language services in languages individual market, policy years) adverse benefit determination) could be that do not meet the requisite threshold beginning on or after July 1, 2011, the reviewed unless it related to a for an applicable non-English language, if requested by the administrator or Departments note that ending the participant’s or beneficiary’s failure to sponsor of the group health plan to transition period on December 31, 2011 meet the requirements for eligibility which the coverage relates. For will reduce the length of the transition under the terms of a group health plan example, if Chinese does not meet the period for plans and policies with plan (i.e., worker classification and similar 10 percent threshold in New York years (in the individual market, policy issues were not within the scope of the County, but an employer with a large years) beginning after January 1 but Federal external review process). Chinese-speaking population asks the before July 1. When the July 2010 Comments received in response to the health insurance issuer providing its regulations were published, the July 2010 regulations were mixed on the group health insurance coverage to Departments anticipated that issuers in scope of claims eligible for external provide language services in Chinese (as every State that had not enacted laws to review. Some commenters argued that PHS Act section 2719 requires the described in the amendment), the conform to paragraph (c)(2) of the July Federal external review process to be Departments invite comment on what 2010 regulations would need to obligations should be imposed on the ‘‘similar to’’ the NAIC Uniform Model participate in the HHS-administered Act and that the broader scope of claims issuer, if any, to provide language process. Now, the Departments have services in Chinese. eligible for the Federal external review decided that issuers may continue to process is a major departure from the B. External Review participate in a State external review NAIC Uniform Model Act. In addition, process under Federal standards similar 1. Duration of Transition Period for some comments from plans and issuers to the process under the NAIC Uniform State External Review Processes stated that the IROs that are used in the Model Act (an NAIC-similar process), private accredited IRO process In general, if State laws do not meet which the Departments anticipate will traditionally have expertise in the minimum consumer protections of reduce market disruption when the adjudicating medical claims, and 31 the NAIC Uniform Model Act, as set transition period ends. Therefore, based questioned IROs’ experience and forth in paragraph (c)(2) of the July 2010 on the Departments’ concerns for expertise with legal and contractual regulations, insurance coverage (as well making the consumer protections of the claims. Other comments from IROs and as self-insured nonfederal governmental Affordable Care Act available without the IRO industry stated that these plan and church plan coverage) is undue delay and for ensuring as much organizations do currently conduct subject to the requirements of an reviews that involve both medical external review process under Federal uniformity as possible in the availability judgment issues and legal and standards similar to the process under of those protections regardless of the contractual issues, and that there is the NAIC Uniform Model Act, such as form of a consumer’s health coverage, sufficient capacity for conducting the HHS-administered process. the Departments have decided to end the transition period on December 31, reviews of such disputes. Paragraph (c)(3) of the July 2010 Some plan and issuer comments regulations provided a transition period 2011. Therefore, this amendment to the highlighted that, with a limited number for plan years (in the individual market, July 2010 regulations provides that, of accredited IROs and increased policy years) beginning before July 1, before January 1, 2012, an applicable demand for their services, the cost of 2011 in order to allow States time to State external process will apply in lieu external review for self-insured group amend their laws to meet or go beyond of the requirements of the Federal health plans will likely increase. By the minimum consumer protections of external review process. PHS Act contrast, an IRO association group the NAIC Uniform Model Act set forth section 2719(c) authorizes the commented that member organizations in paragraph (c)(2) of the July 2010 Departments to deem an external review are not at capacity with regard to the regulations. HHS has been working process ‘‘in operation as of the date of volume of work they can perform, and closely with States regarding enactment enactment’’ of the Affordable Care Act that they are confident that the number of laws to conform to paragraph (c)(2) as compliant with the external review and much progress has been made. of accredited IROs can adequately requirements of PHS Act section handle the volume of reviews However, enacting State legislation and 2719(b). Through December 31, 2011, regulations can often be a complex and anticipated for the Federal external any currently effective State external time-consuming process. Accordingly, review process. the Departments are modifying the review process satisfies the Some plans and issuers stated that transition period under paragraph (c)(3) requirements of either PHS Act section handing plan document interpretation of the July 2010 regulations so that the 2719(c) or section 2719(b)(2). If there is and legal interpretation issues over to an last day of the transition period is no applicable State external review IRO may raise issues of consistency of process, separate guidance being issued interpretations within a plan, 31 The NAIC Uniform Model Act in place on July contemporaneous with the publication unwarranted consistency across plans 23, 2010 provides external review for claims of this amendment generally provides a that have unique standards, ERISA involving medical necessity, appropriateness, choice between the HHS-administered fiduciary responsibility concerns, and health care setting, level of care, effectiveness (of a possible conflicts. At the same time, covered benefit), whether a treatment is process or the private accredited IRO experimental, and whether a treatment is process. other comments generally supported the investigational. broad scope of claims eligible for the

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Federal external review process as set individual (such as outpatient versus allow the Departments time to evaluate forth in the July 2010 regulations. These inpatient care or home care versus IROs’ capacity for handling external commenters argued very strongly that it rehabilitation facility); reviews; to consider whether current is nearly impossible to adjudicate • Whether treatment by a specialist is accreditation standards are sufficient to contractual claims through traditional medically necessary or appropriate ensure that IROs are capable of making ERISA enforcement (which generally (pursuant to the plan’s standard for accurate and consistent decisions (both relies on Federal court adjudication), medical necessity or appropriateness); across different plans and across leaving plan participants and • Whether treatment involved different IROs) regarding legal and beneficiaries with no effective means of ‘‘emergency care’’ or ‘‘urgent care’’, contractual issues that do not involve enforcing their rights to benefits under affecting coverage or the level of medical judgment or rescissions; and to a plan. Consumer organizations further coinsurance; assess the mechanics of the Federal commented that external review finally • A determination that a medical external review process (and any provides the free, independent means of condition is a preexisting condition; potential adjustments). The enforcement to level the playing field of • A plan’s general exclusion of an Departments solicit comments on these claims adjudication and, therefore, the item or service (such as speech therapy), issues, including on whether limiting scope of claims eligible for the Federal if the plan covers the item or service in the scope of claims during the external review process should be as certain circumstances based on a suspension period will impose broad as possible. medical condition (such as, to aid in the administrative costs in determining After considering all the comments, restoration of speech loss or impairment whether a claim is eligible for external with respect to claims for which of speech resulting from a medical review. The Departments also welcome external review has not been initiated condition); any data on external review claims • before September 20, 2011, the Whether a participant or beneficiary actually performed to date under private amendment suspends the original rule is entitled to a reasonable alternative contracts pursuant to the private in the July 2010 regulations regarding standard for a reward under the plan’s accredited IRO process for the scope of claims eligible for external wellness program; 32 implementing PHS Act § 2719(b), • review for plans using a Federal The frequency, method, treatment, including number of claims reviewed, external review process (regardless of or setting for a recommended preventive type of review (such as whether it which type of Federal process), service, to the extent not specified, in involved any medical judgment or not), temporarily replacing it with a different the recommendation or guideline of the and costs associated with the review. scope. Specifically, this amendment U.S. Preventive Services Task Force, the The Departments expect that the suspends the broad scope of claims Advisory Committee on Immunization suspension will be lifted by January 1, eligible for the Federal external review Practices of the Centers for Disease 2014, when other consumer protections process and narrows the scope to claims Control and Prevention, or the Health under the Affordable Care Act take that involve (1) medical judgment Resources and Services Administration effect. Moreover, if, after taking into (excluding those that involve only (as described in PHS Act section 2713 account all the relevant information, contractual or legal interpretation and its implementing regulations); 33 including public comments, the without any use of medical judgment), and Departments decide to return to the • as determined by the external reviewer; Whether a plan is complying with original rule providing for a broad scope or (2) a rescission of coverage. The more the nonquantitative treatment limitation of claims or permanently modify the narrow scope under this amendment is provisions of the Mental Health Parity scope of claims through rulemaking, the more similar to the scope of claims and Addiction Equity Act and its Departments will give sufficient eligible for external review under the implementing regulations, which advance notice to enable plans, their NAIC Uniform Model Act. This generally require, among other things, service providers, IROs, and other amendment provides an example parity in the application of medical affected parties sufficient time to describing a plan that generally only 34 management techniques. comply with a new rule. provides 30 physical therapy visits but The suspension is intended to give Separate guidance being issued will provide more with an approved the marketplace time to adjust to contemporaneous with the publication treatment plan. The plan’s rejection of a providing external review. It will also treatment plan submitted by a provider of this amendment announces standards for the 31st visit based on a failure to 32 See 26 CFR 54.9802–1(f)(2)(iv)(A), 29 CFR under which, until January 1, 2014, a meet the plan’s standard for medical 2590.702(f)(2)(iv)(A), and 45 CFR State may operate an external review necessity involves medical judgment 146.121(f)(2)(iv)(A), requiring that wellness process under Federal standards similar programs that require individuals to satisfy a to the process under the NAIC Uniform and, therefore, the claim is eligible for standard related to a health factor in order to obtain external review. Similarly, another a reward allow a reasonable alternative standard (or Model Act (an NAIC-similar process). example describes a plan that generally waiver of the otherwise applicable standard) for The Departments are adopting this does not provide coverage for services obtaining the reward for any individual for whom, approach to permit States to operate provided on an out-of-network basis, for that period, it is either unreasonably difficult their external review processes under due to a medical condition to satisfy the otherwise but will provide coverage if the service applicable standard, or medically inadvisable to standards established by the cannot effectively be provided in attempt to satisfy the otherwise applicable standard. Departments until January 1, 2014, network. In this example, again, the 33 See 26 CFR 54.9815–2713T, 29 CFR 2590.715– avoiding unnecessary disruption, while plan’s rejection of a claim for out-of- 2713, and 45 CFR 147.130; see also FAQ 8, FAQs States work to adopt the consumer About the Affordable Care Act Implementation Part protections set forth in paragraph (c) of network services involves medical II, regarding the scope, setting, or frequency of the judgment. Additional examples of items or services to be covered under the preventive the July 2010 regulations. Paragraph situations in which a claim is health services recommendations and guidelines (d)(1) of the July 2010 regulations, as considered to involve medical judgment (available at http://www.dol.gov/ebsa/faqs/faq- amended, will govern the scope of a include adverse benefit determinations aca2.html and http://cciio.cms.gov/resources/ State external review process under factsheets/aca_implementation_faqs2.html). based on: 34 Federal standards similar to the process • See Code section 9812 and 26 CFR 54.9812–1T, The appropriate health care setting ERISA section 712 and 29 CFR 2590.712, and PHS under the NAIC Uniform Model Act. for providing medical care to an Act section 2726 and 45 CFR 146.136. Because the amended paragraph (d)(1)

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creates a broader scope of external to provide a benefit if that is the nonfederal governmental plans and review than is required under the NAIC decision of the IRO. A plan or issuer health insurance issuers with respect to Uniform Model Act, and because it may not delay payment because the election of a Federal external review would be illogical to require States to plan disagrees and intends to seek process. The second provides, for make changes to their process to judicial review. Instead, while the plan transparency purposes, updated encompass the broader scope of may be entitled to seek judicial review, information on how the county-level paragraph (d)(1) in their external review it must act in accordance with the IRO’s estimates pertaining to the 10 percent process while they work to adopt the decision (including by making payment threshold were calculated for the rules consumer protections of the NAIC on the claim) unless or until there is a related to culturally and linguistically Uniform Model Act (which has a judicial decision otherwise. However, appropriate notices. Both of these narrower scope), the Departments are the requirement that the IRO’s decision documents will be available at http:// also amending paragraph (d)(1) to be binding does not preclude the plan cciio.cms.gov. permit the Secretaries to modify the or issuer from making payment on the III. Interim Final Rules scope of the Federal external review claim or otherwise providing benefits at process in future guidance to permit any time, including following a final Section 9833 of the Code, section 734 State external review processes (both external review decision that denies the of ERISA, and section 2792 of the PHS NAIC-similar processes and NAIC- claim or otherwise fails to require such Act authorize the Secretaries of the parallel processes) to the scope that payment or benefits. Treasury, Labor, and HHS (collectively, applies under the NAIC Uniform Model After considering all the comments on the Secretaries) to promulgate any Act. the requirement that an IRO decision be interim final rules that they determine binding on the plan and issuer, as well are appropriate to carry out the 3. Clarification Regarding Requirement as the claimant, this amendment provisions of chapter 100 of the Code, That External Review Decision Be clarifies the language in paragraphs part 7 of subtitle B of title I of ERISA, Binding (c)(2)(xi) (regarding the minimum and part A of title XXVII of the PHS Act, The Departments have received a standards for State external review which include PHS Act sections 2701 number of comments on the processes) and (d)(2)(iv) (regarding through 2728 and the incorporation of requirement that an IRO decision be Federal external review process those sections into ERISA section 715 binding on parties. Specifically, the July standards). Specifically, these two and Code section 9815. The 2010 regulations provided that an provisions are amended to add language amendments promulgated in this external review decision by an IRO is stating that, for purposes of the binding rulemaking carry out the provisions of binding on the plan or issuer, as well as provision, the plan or issuer must these statutes. Therefore, the foregoing the claimant, except to the extent that provide benefits (including by making interim final rule authority applies to other remedies are available under State payment on the claim) pursuant to the these amendments. or Federal law.35 This binding final external review decision without Under the Administrative Procedure requirement is also one of the minimum delay, regardless of whether the plan or Act (APA) (5 U.S.C. 551 et seq.), while consumer protections set forth in issuer intends to seek judicial review of a general notice of proposed rulemaking paragraph (c) of the July 2010 the external review decision and unless and an opportunity for public comment regulations.36 or until there is a judicial decision is generally required before Some comments received in response otherwise. The Departments welcome promulgation of regulations, this is not to the July 2010 regulations highlighted comments as to whether any additional required when an agency, for good the importance of this consumer clarifications about the binding cause, finds that notice and public protection and expressed approval that provision would be helpful. comment thereon are impracticable, this requirement would minimize unnecessary, or contrary to the public delays that could further hurt claimants, C. Separate, Contemporaneous interest. The provisions of the APA that as the plan or issuer must provide Technical Guidance ordinarily require a notice of proposed coverage or payment for the claim Separate technical guidance is being rulemaking do not apply here because of immediately upon receipt of a notice of issued by the Departments the specific authority to issue interim a final external review decision. Other contemporaneous with the publication final rules granted by section 9833 of commenters questioned whether the of this amendment. This technical the Code, section 734 of ERISA, and requirement that external review is guidance addresses both State- and section 2792 of the PHS Act. Moreover, binding eliminates the plan’s or issuer’s Federally-administered external review even if the APA requirements for notice option to choose to pay a claim at any processes. An appendix to this technical and comment were applicable to this time during or after the external review guidance contains revised versions of regulation, they have been satisfied. process. the three model notices issued by the This is because the matters that are the Nothing in PHS Act section 2719(b), Departments in connection with the July subject of these amendments have the July 2010 regulations, or related 2010 regulations. The updated versions already been subjected to public notice guidance precludes a plan or issuer of the model notice of adverse benefit and comment, as they were addressed in from choosing to provide coverage or determination, model notice of final the July 2010 regulations, and are a payment for a benefit. Instead, the internal adverse benefit determination, logical outgrowth of that document. The Departments read the requirement of the and model notice of final external amendments made in this interim final NAIC Uniform Model Act, which is review decision reflect the requirements rule are being made in response to incorporated into the July 2010 contained in the provisions of this public comments received on the July regulations, to require plans and issuers amendment and the guidance. This 2010 regulations. While the technical guidance will be available at Departments have determined that, even 35 See 26 CFR 54.9815–2719T(d)(2)(iv), 29 CFR http://www.dol.gov/ebsa/healthreform if the APA were applicable, an 2590.715–2719(d)(2)(iv), and 45 CFR and http://cciio.cms.gov. additional opportunity for public 147.136(d)(2)(iv). 36 See 26 CFR 54.9815–2719T(c)(2)(xi), 29 CFR HHS is issuing also two additional comment is unnecessary in the case of 2590.715–2719(c)(2)(xi), and 45 CFR technical guidance documents. The first these amendments, the Departments are 147.136(c)(2)(xi). provides instructions for self-insured issuing these amendments as an interim

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final rule so as to provide the public • Additional notice requirements rights of participants, beneficiaries, and with an opportunity for public comment with respect to notice of adverse benefit policyholders, and (iii) the benefits of on these modifications. determinations or final internal adverse the amended rules justify their costs benefit determination (paragraph IV. Economic Impact and Paperwork relative to the pre-Affordable Care Act (b)(2)(ii)(E) of the July 2010 Burden baseline and the July 2010 regulations. regulations);37 A. Summary and Need for Regulatory • Deemed exhaustion of internal B. Executive Orders 12866 and 13563— Action—Department of Labor and claims and appeals processes (paragraph Department of Labor and Department of Department of Health and Human (b)(2)(ii)(F) of the July 2010 regulations); Health and Human Services Services • Providing notices in a culturally Executive Orders 13563 and 12866 As stated earlier in this preamble, the and linguistically appropriate manner direct agencies to assess all costs and Departments previously issued the July (paragraph (e) of the July 2010 benefits of available regulatory 2010 regulations implementing PHS Act regulations); alternatives and, if regulation is • The duration of the transition section 2719, which were published in necessary, to select regulatory period for State external review the Federal Register on July 23, 2010 approaches that maximize net benefits processes (paragraph (c)(3) of the July (75 FR 43330). The July 2010 (including potential economic, 2010 regulations); and regulations set forth rules with respect environmental, public health and safety • The scope of claims eligible for to internal claims and appeals and effects, distributive impacts, and external review under the Federal external appeals processes for group equity). Executive Order 13563 external appeals process (paragraph health plans and health insurance emphasizes the importance of issuers that are not grandfathered health (d)(1) of the July 2010 regulations). The Departments crafted these quantifying both costs and benefits, of plans. reducing costs, of harmonizing rules, As described in detail in Section II of amendments to the July 2010 and of promoting flexibility. This rule this preamble, after the July 2010 regulations to secure the protections has been designated a ‘‘significant regulations were issued, the intended by Congress. In accordance regulatory action’’ although not Departments received public comments with OMB Circular A–4, the economically significant, under section expressing concerns about the burdens Departments have quantified the costs 3(f) of Executive Order 12866. associated with several of the of these amendments where feasible and regulations’ provisions. In response to provided a qualitative discussion of Accordingly, the rule has been reviewed such comments, the Departments are some of the benefits and costs that may by the Office of Management and hereby amending the following stem from them. Budget. provisions of the July 2010 regulations: The Departments believe that (i) the The Departments provide an • Expedited notification of benefit costs associated with the amended rules assessment of the potential costs and determinations involving urgent care are less than the costs associated with benefits associated with each amended (paragraph (b)(2)((ii)(B) of the July 2010 the July 2010 regulations, (ii) the regulatory provision below, as regulations); amended rules adequately protect the summarized in Table 1.

TABLE 1—ACCOUNTING TABLE

Benefits

Qualitative: Amendments to the interim final regulations ensure urgent care benefit determinations are made in a timely manner, increase pa- tient privacy, ensure non-English speakers understand their rights, and provide that claimants will be deemed to have exhausted their admin- istrative proceedings and can proceed to court or external review if a plan or issuer fails to strictly adhere to the regulatory requirements with the exception of the requirements that are described in the amendment. These amendments are expected to reduce compliance costs while still ensuring patient protections. Discount Period Cost Estimate Year dollar rate covered

Annualized Monetized ($millions/year) ...... 1.7 2011 7 percent 2012–2014 1.7 2011 3 percent 2012–2014

Qualitative: Monetized costs are for providing notices upon request in a culturally and linguistically appropriate manner. Non-monetized costs in- clude costs for plans and issuers to respond to requests for diagnostic and treatment codes, and costs incurred by claimants to resolve whether a plan or insurer’s failure to strictly adhere to the regulatory requirements is sufficient for a claimant to proceed directly to an external or court review.

1. Estimated Number of Affected as an employer plan with 100 or more (1) There are approximately 72,000 large Entities workers and a small group plan as an and 2.8 million small ERISA-covered For purposes of estimating the entities employer plan with fewer than 100 group health plans with an estimated affected by these amendments to the workers. The Departments make the 97.0 million participants in large group July 2010 regulations, the Departments following estimates about plans and plans and 40.9 million participants in have defined a large group health plan issuers affected by these amendments: small group plans;38 (2) there are

37 Under the July 2010 regulations, this included as a CPT code), and the corresponding meanings of Labor, EBSA calculations using the March 2009 the date of service, the health care provider, and the these codes. Current Population Survey Annual Social and claim amount (if applicable), as well as the 38 All participant counts and the estimates of Economic Supplement and the 2008 Medical diagnosis code (such as an ICD–9 code, ICD–10 individual policies are from the U.S. Department of Expenditure Panel Survey. code, or DSM–IV code), the treatment code (such

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126,000 governmental plans with 36.1 (EMTALA)41, which generally requires additional cost to add more employees million participants in large plans and emergency room care to be treated with or find other ways to shorten the 2.3 million participants in small or without insurance or timeframe, but again such costs are plans;39 and (3) there are 16.7 million preauthorization and, therefore, expected to be less than the costs individuals under age 65 covered by mitigates much of the need for associated with meeting the 24-hour individual health insurance policies.40 expedited pre-service emergency claims standard provided in the July 2010 The actual number of affected determinations in many situations. regulations. Additional costs for individuals depends on several factors, After considering the comments, and claimants may be associated with this including whether (i) a health plan the costs and benefits of an absolute 24- requirement if meeting the 72-hour retains its grandfather status, (ii) the hour decision-making deadline, the timeframe results in more claims being plan is subject to ERISA, (iii) benefits amendment permits plans and issuers to denied than would have been denied provided under the plan are self-funded follow the original rule in the DOL under a longer notification period, but or financed by the purchase of an claims procedure regulation (requiring again such costs are expected to be less insurance policy, (iii) the applicable decision-making in the context of pre- than the costs associated with meeting State has enacted an internal claims and service urgent care claims as soon as the 24-hour standard provided in the appeals law, and (iv) the applicable possible consistent with the medical July 2010 regulations. The Departments State has enacted an external review exigencies involved but in no event no do not have sufficient data to estimate law, and if so the scope of such law, and later than 72 hours), provided the plan such costs. (v) the number of new plans and or issuer defers to the attending b. Additional notice requirements for enrollees in such plans. provider with respect to the decision as internal claims and appeals. As to whether a claim constitutes ‘‘urgent discussed above, the July 2010 2. Benefits and Costs care.’’ regulations had additional content The benefits and costs of the The Departments expect that this requirements for the required notices. amendments to the July 2010 amendment will ensure urgent care The Departments received comments regulations are discussed together under benefit determinations are made in a addressing the requirements to include this section, because the primary effect timely manner while reducing burden the diagnosis code (such as an ICD–9 of the amendments is to reduce the cost on plans and issuers for several reasons. code, ICD–10 code, or DSM–IV code), of compliance. ERISA-covered plans were already the treatment code (such as a CPT code), a. Expedited notification of benefit subject to this requirement; therefore, and the corresponding meanings of determination involving urgent care. As there is no additional burden imposed these codes. Concerns were raised about discussed in detail above, the July 2010 on such plans from the pre-Affordable patient privacy, interference with the regulations generally provide that a plan Care Act baseline. For self-insured doctor-patient relationship, and high or issuer must notify a claimant of a nonfederal governmental plans and costs. Commenters also pointed out that benefit determination with respect to an issuers in the individual market, the 72- there are currently over 20,000 urgent care claim as soon as possible hour requirement would increase treatment and diagnosis codes in use taking into account the medical burden from a pre-Affordable Care Act today, presenting a costly administrative exigencies, but no later than 24 hours baseline to the extent that such plans and operational challenge for plans and after the receipt of the claim by the plan and issuers are not already meeting this issuers. Comments also questioned the or issuer. This was a change from the standard. The Departments do not have efficacy of providing codes which some DOL claims procedure regulation, sufficient data to estimate the fraction of argued are often very difficult for the which requires an urgent care plans and issuers that were not already average patient to understand. determination to be made not later than in compliance with this standard. Many After considering all the comments, 72 hours after receipt of the claim by a claims filed with self-insured and the costs and benefits of the group health plan. The Departments nonfederal governmental plans and additional disclosure, the amendment to received several comments regarding individual market issuers already could the July 2010 regulations eliminates the the burdens associated with meeting the have been meeting this requirement for requirement to automatically provide 24-hour turnaround. Some commenters urgent care claims, because ERISA the diagnosis and treatment codes as argued that some of the claims claims constitute a large portion of part of a notice of adverse benefit constituting ‘‘urgent care’’ and thus health claims, and the Departments determination (or final internal adverse qualifying for the expedited timeframe understand that, in general, issuers and benefit determination) and instead really do not need to be decided within service providers apply the same claims requires plans and issuers to provide 24 hours. Moreover, a number of and appeals standards to ERISA-covered notification of the opportunity to commenters highlighted that the 72- and non-ERISA-covered plans. request the diagnosis and treatment Plans and issuers that previously were hour provision was never anything more codes (and their meanings) in all notices not subject to the DOL claims procedure than a ‘‘backstop’’; the general rule of adverse benefit determination (and regulation and that are not already under both the July 2010 regulations notices of final internal adverse benefit meeting the claims and appeals and the DOL claims procedure determination) and to provide this standard under the DOL claims information upon request. regulation is for a decision as soon as procedure regulation, could incur Making the codes only available upon possible consistent with the medical additional costs to become compliant request protects patients’ privacy while exigencies involved, making the change with the 72-hour standard, but the reducing the burden for plans and to a 24-hour timeframe unnecessary for Departments expect these costs to be issuers to redesign notices. However, the most serious medical cases. Finally, less than those associated with a 24- plans and issuers will still incur costs some commenters cited the Emergency hour standard. Speeding up the to establish procedures to receive, Medical Treatment and Labor Act notification process for these process, and mail the requests. The determinations to meet the 72-hour Departments do not have a basis to 39 Estimate is from the 2007 Census of Government. standard could necessitate incurring estimate the net cost associated with 40 US Census Bureau, Current Population Survey, this amendment, because they do not March 2009. 41 42 U.S.C. 1395dd. have sufficient data available to estimate

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the savings that will result from plans The Departments expect that this Under the July 2010 regulations, if an and issuers not needing to redesign amendment will protect patients’ right applicable threshold is met with respect notices or calculate the number of future to proceed to external review while to a non-English language, the plan or requests. lowering costs based on the assumption issuer must provide the notice upon c. Deemed exhaustion of internal that internal appeals are less expensive request in the non-English language. claims and appeals process. The July than external reviews or litigation. Additionally, the plan or issuer must 2010 regulations provide that claimants However, the amendment may add include a statement in the English can immediately seek judicial or some costs, because participants and versions of all notices, prominently external review if a plan or issuer failed policyholders now may face uncertainty displayed in the non-English language, to ‘‘strictly adhere’’ to all of the July regarding whether a particular violation offering the provision of such notices in 2010 regulations’ requirements for is minor. Many claimants may incur a the non-English language. Finally, to the internal claims and appeals processes, cost to seek professional advice, because regardless of whether the plan or issuer they will not be able to make this extent the plan or issuer maintains a asserted that it ‘‘substantially complied’’ judgment on their own behalf. customer assistance process (such as a with the July 2010 regulations. This Alternatively, some claimants might telephone hotline) that answers approach received a number of negative seek immediate external review or questions or provides assistance with comments from some issuers and plan judicial review and be denied it. The filing claims and appeals, the plan or sponsors, who prefer a ‘‘substantial Departments do not have a sufficient issuer must provide such assistance in compliance’’ approach, especially in basis to estimate these costs. the non-English language. cases where deviations from the d. Culturally and Linguistically As discussed earlier in this preamble, regulatory standards were minor. Appropriate Notices. PHS Act section the Departments received comments In response to these comments, the 2719 requires group health plans and that raised concerns regarding the Departments are retaining the approach health insurance issuers to provide burdens imposed by this provision. In to this requirement, but this amendment relevant notices in a culturally and response to these comments, the also adds a new paragraph linguistically appropriate manner. The Departments have decided to amend the (b)(2)(ii)(F)(2) to the July 2010 July 2010 regulations set forth a regulations to provide an exception to requirement to provide notices in a non- July 2010 regulations’ provisions related the strict compliance standard for errors English language based on separate to the provision of notices in a that are minor and meet certain other thresholds of the number of people who culturally and linguistically appropriate specified conditions. The new are literate in the same non-English manner to establish a single threshold paragraph will also protect claimants language. In the group market, the with respect to the number of people whose attempts to pursue other threshold set forth in the July 2010 who are literate only in the same non- remedies under paragraph (b)(2)(ii)(F)(1) regulations differs depending on the English language for both the group and of the interim final regulations are number of participants in the plan as individual markets. Under the amended rejected by a reviewing tribunal. Under follows: provision, for group health plans and the amended approach, any violation of • For a plan that covers fewer than health insurance issuers offering group the procedural rules of July 2010 100 participants at the beginning of a or individual health insurance coverage, regulations pertaining to internal claims plan year, the threshold is 25 percent of the threshold percentage of people who and appeals would permit a claimant to all plan participants being literate only are literate only in the same non-English seek immediate external review or court in the same non-English language. language will be set at 10 percent or • action, as applicable, unless the For a plan that covers 100 or more more of the population residing in the violation was: participants at the beginning of a plan claimant’s county, as determined based (1) De minimis; year, the threshold is the lesser of 500 (2) Non-prejudicial; on American Community Survey (ACS) participants, or 10 percent of all plan data published by the United States (3) Attributable to good cause or participants, being literate only in the Census Bureau. Table 2, below provides matters beyond the plan’s or issuer’s same non-English language.43 a chart listing those 255 U.S. counties control; For the individual market, the threshold (4) In the context of an ongoing good- (78/255 are in Puerto Rico) in which at is 10 percent of the population residing faith exchange of information; and least 10 percent of the population speak in the county being literate only in the (5) Not reflective of a pattern or a particular non-English language and same non-English language.44 practice of non-compliance.42 speak English less than ‘‘very well.’’

43 These data are applicable for 2011 and 42 In addition, the claimant would be entitled, These thresholds were adapted from the DOL upon written request, to an explanation of the regulations regarding style and format for a are calculated using 2005–2009 ACS plan’s or issuer’s basis for asserting that it meets summary plan description, at 29 CFR 2520.102–2(c) data. The Departments will update this this standard, so that the claimant could make an for participants who are not literate in English. guidance annually on their Web site if informed judgment about whether to seek 44 The individual market threshold was generally immediate review. Finally, if the external reviewer adapted from the approach used under the there are changes to the list of the or the court rejects the claimant’s request for Medicare Advantage program, which required counties determined to meet this 10 immediate review on the basis that the plan met translation of materials in languages spoken by percent threshold for the county’s this standard, this amendment would give the more than 10 percent of the general population in population being literate only in the claimant the right to resubmit and pursue the a service area at the time the threshold was internal appeal of the claim. established. same non-English language.

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TABLE 2—PERCENT OF THE COUNTY POPULATION THAT SPEAK A PARTICULAR NON-ENGLISH LANGUAGE AND SPEAK ENGLISH LESS THAN ‘‘VERY WELL’’, BY U.S. COUNTY 45

Non-English language State County Spanish Chinese Tagalog Navajo % % % %

AK ...... Aleutians West Census Area ...... 13 ...... 16 ...... AK ...... Aleutians East Borough ...... 35 ...... AR ...... Sevier County ...... 17 ...... AZ ...... Apache County ...... 12 AZ ...... Maricopa County ...... 11 ...... AZ ...... Yuma County ...... 22 ...... AZ ...... Santa Cruz County ...... 39 ...... CA ...... Colusa County ...... 27 ...... CA ...... Fresno County ...... 15 ...... CA ...... Glenn County ...... 14 ...... CA ...... Imperial County ...... 32 ...... CA ...... Kern County ...... 16 ...... CA ...... Kings County ...... 18 ...... CA ...... Los Angeles County ...... 19 ...... CA ...... Madera County ...... 18 ...... CA ...... Merced County ...... 20 ...... CA ...... Monterey County ...... 25 ...... CA ...... Napa County ...... 14 ...... CA ...... Orange County ...... 14 ...... CA ...... Riverside County ...... 15 ...... CA ...... San Benito County ...... 21 ...... CA ...... San Bernardino County ...... 15 ...... CA ...... San Diego County ...... 11 ...... CA ...... San Francisco County ...... 12 ...... CA ...... San Joaquin County ...... 12 ...... CA ...... Santa Barbara County ...... 15 ...... CA ...... Santa Cruz County ...... 12 ...... CA ...... Stanislaus County ...... 13 ...... CA ...... Sutter County ...... 12 ...... CA ...... Tulare County ...... 21 ...... CA ...... Ventura County ...... 14 ...... CO ...... Adams County ...... 12 ...... CO ...... Costilla County ...... 11 ...... CO ...... Denver County ...... 12 ...... CO ...... Eagle County ...... 16 ...... CO ...... Garfield County ...... 12 ...... CO ...... Lake County ...... 11 ...... CO ...... Phillips County ...... 12 ...... CO ...... Prowers County ...... 12 ...... CO ...... Saguache County ...... 15 ...... CO ...... Yuma County ...... 10 ...... FL ...... Collier County ...... 13 ...... FL ...... DeSoto County ...... 21 ...... FL ...... Glades County ...... 10 ...... FL ...... Hardee County ...... 22 ...... FL ...... Hendry County ...... 26 ...... FL ...... Miami-Dade County ...... 31 ...... FL ...... Okeechobee County ...... 12 ...... FL ...... Osceola County ...... 16 ...... GA ...... Atkinson County ...... 12 ...... GA ...... Echols County ...... 20 ...... GA ...... Hall County ...... 16 ...... GA ...... Telfair County ...... 10 ...... GA ...... Whitfield County ...... 18 ...... IA ...... Buena Vista County ...... 12 ...... ID ...... Clark County ...... 22 ...... ID ...... Minidoka County ...... 11 ...... ID ...... Owyhee County ...... 12 ...... ID ...... Power County ...... 13 ...... IL ...... Kane County ...... 15 ...... KS ...... Finney County ...... 16 ...... KS ...... Ford County ...... 23 ...... KS ...... Grant County ...... 16 ...... KS ...... Hamilton County ...... 11 ...... KS ...... Seward County ...... 26 ...... KS ...... Stanton County ...... 19 ...... KS ...... Stevens County ...... 11 ...... KS ...... Wichita County ...... 12 ......

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TABLE 2—PERCENT OF THE COUNTY POPULATION THAT SPEAK A PARTICULAR NON-ENGLISH LANGUAGE AND SPEAK ENGLISH LESS THAN ‘‘VERY WELL’’, BY U.S. COUNTY 45—Continued

Non-English language State County Spanish Chinese Tagalog Navajo % % % %

KS ...... Wyandotte County ...... 10 ...... NC ...... Alleghany County ...... 14 ...... NC ...... Duplin County ...... 14 ...... NE ...... Colfax County ...... 23 ...... NE ...... Dakota County ...... 14 ...... NE ...... Dawson County ...... 15 ...... NJ ...... Hudson County ...... 18 ...... NJ ...... Passaic County ...... 16 ...... NJ ...... Union County ...... 13 ...... NM ...... Chaves County ...... 11 ...... NM ...... Dona Ana County ...... 18 ...... NM ...... Hidalgo County ...... 12 ...... NM ...... Lea County ...... 11 ...... NM ...... Luna County ...... 18 ...... NM ...... McKinley County ...... 15 NM ...... Mora County ...... 11 ...... NM ...... Santa Fe County ...... 12 ...... NM ...... Chaves County ...... 11 ...... NV ...... Clark County, ...... 11 ...... NY ...... Bronx County ...... 20 ...... NY ...... New York County ...... 10 ...... NY ...... Queens County ...... 12 ...... OK ...... Texas County ...... 18 ...... OR ...... Hood River County ...... 15 ...... OR ...... Marion County ...... 11 ...... OR ...... Morrow County ...... 14 ...... TX ...... Andrews County ...... 11 ...... TX ...... Atascosa County ...... 11 ...... TX ...... Bailey County ...... 18 ...... TX ...... Bexar County ...... 12 ...... TX ...... Brooks County ...... 18 ...... TX ...... Calhoun County ...... 12 ...... TX ...... Cameron County ...... 30 ...... TX ...... Camp County ...... 11 ...... TX ...... Castro County ...... 20 ...... TX ...... Cochran County ...... 18 ...... TX ...... Concho County ...... 29 ...... TX ...... Crane County ...... 10 ...... TX ...... Crockett County ...... 20 ...... TX ...... Crosby County ...... 11 ...... TX ...... Culberson County ...... 15 ...... TX ...... Dallam County ...... 12 ...... TX ...... Dallas County ...... 18 ...... TX ...... Dawson County ...... 12 ...... TX ...... Deaf Smith County ...... 20 ...... TX ...... Dimmit County ...... 33 ...... TX ...... Duval County ...... 26 ...... TX ...... Ector County ...... 12 ...... TX ...... Edwards County ...... 10 ...... TX ...... El Paso County ...... 29 ...... TX ...... Frio County ...... 16 ...... TX ...... Garza County ...... 35 ...... TX ...... Gonzales County ...... 14 ...... TX ...... Hale County ...... 12 ...... TX ...... Hall County ...... 14 ...... TX ...... Hansford County ...... 16 ...... TX ...... Harris County ...... 18 ...... TX ...... Hidalgo County ...... 35 ...... TX ...... Howard County ...... 16 ...... TX ...... Hudspeth County ...... 31 ...... TX ...... Jim Hogg County ...... 26 ...... TX ...... Jim Wells County ...... 13 ...... TX ...... Karnes County ...... 17 ...... TX ...... Kenedy County ...... 14 ...... TX ...... Kinney County ...... 15 ...... TX ...... Kleberg County ...... 11 ...... TX ...... La Salle County ...... 22 ...... TX ...... Lamb County ...... 15 ......

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TABLE 2—PERCENT OF THE COUNTY POPULATION THAT SPEAK A PARTICULAR NON-ENGLISH LANGUAGE AND SPEAK ENGLISH LESS THAN ‘‘VERY WELL’’, BY U.S. COUNTY 45—Continued

Non-English language State County Spanish Chinese Tagalog Navajo % % % %

TX ...... Lipscomb County ...... 14 ...... TX ...... Lynn County ...... 12 ...... TX ...... Maverick County ...... 48 ...... TX ...... Midland County ...... 11 ...... TX ...... Moore County ...... 19 ...... TX ...... Nueces County ...... 12 ...... TX ...... Ochiltree County ...... 17 ...... TX ...... Parmer County ...... 22 ...... TX ...... Pecos County ...... 18 ...... TX ...... Presidio County ...... 36 ...... TX ...... Reagan County ...... 21 ...... TX ...... Reeves County ...... 27 ...... TX ...... San Patricio County ...... 12 ...... TX ...... Schleicher County ...... 12 ...... TX ...... Sherman County ...... 14 ...... TX ...... Starr County ...... 43 ...... TX ...... Sterling County ...... 11 ...... TX ...... Sutton County ...... 18 ...... TX ...... Tarrant County ...... 10 ...... TX ...... Terrell County ...... 12 ...... TX ...... Terry County ...... 11 ...... TX ...... Titus County ...... 20 ...... TX ...... Travis County ...... 12 ...... TX ...... Upton County ...... 11 ...... TX ...... Uvalde County ...... 15 ...... TX ...... Val Verde County ...... 29 ...... TX ...... Ward County ...... 12 ...... TX ...... Webb County ...... 49 ...... TX ...... Willacy County ...... 20 ...... TX ...... Winkler County ...... 13 ...... TX ...... Yoakum County ...... 23 ...... TX ...... Zapata County ...... 36 ...... TX ...... Zavala County ...... 33 ...... UT ...... San Juan County ...... 12 VA ...... Manassas city ...... 17 ...... VA ...... Manassas Park city ...... 18 ...... WA ...... Adams County ...... 23 ...... WA ...... Douglas County ...... 11 ...... WA ...... Franklin County ...... 27 ...... WA ...... Grant County ...... 16 ...... WA ...... Yakima County ...... 17 ...... PR ...... Anasco Municipio ...... 85 ...... PR ...... Adjuntas Municipio ...... 86 ...... PR ...... Aguada Municipio ...... 81 ...... PR ...... Aguadilla Municipio ...... 78 ...... PR ...... Aguas Buenas Municipio ...... 90 ...... PR ...... Aibonito Municipio ...... 82 ...... PR ...... Arecibo Municipio ...... 83 ...... PR ...... Arroyo Municipio ...... 84 ...... PR ...... Barceloneta Municipio ...... 78 ...... PR ...... Barranquitas Municipio ...... 87 ...... PR ...... Bayamon Municipio ...... 78 ...... PR ...... Cabo Rojo Municipio ...... 82 ...... PR ...... Caguas Municipio ...... 80 ...... PR ...... Camuy Municipio ...... 88 ...... PR ...... Canovanas Municipio ...... 83 ...... PR ...... Carolina Municipio ...... 77 ...... PR ...... Catano Municipio ...... 82 ...... PR ...... Cayey Municipio ...... 86 ...... PR ...... Ceiba Municipio ...... 73 ...... PR ...... Ciales Municipio ...... 88 ...... PR ...... Cidra Municipio ...... 86 ...... PR ...... Coamo Municipio ...... 84 ...... PR ...... Comero Municipio ...... 93 ...... PR ...... Corozal Municipio ...... 88 ...... PR ...... Culebra Municipio ...... 76 ...... PR ...... Dorado Municipio ...... 77 ...... PR ...... Fajardo Municipio ...... 78 ......

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TABLE 2—PERCENT OF THE COUNTY POPULATION THAT SPEAK A PARTICULAR NON-ENGLISH LANGUAGE AND SPEAK ENGLISH LESS THAN ‘‘VERY WELL’’, BY U.S. COUNTY 45—Continued

Non-English language State County Spanish Chinese Tagalog Navajo % % % %

PR ...... Florida Municipio ...... 81 ...... PR ...... Guayama Municipio ...... 80 ...... PR ...... Guayanilla Municipio ...... 85 ...... PR ...... Guaynabo Municipio ...... 69 ...... PR ...... Gurabo Municipio ...... 81 ...... PR ...... Gu+nica Municipio ...... 83 ...... PR ...... Hatillo Municipio ...... 86 ...... PR ...... Hormigueros Municipio ...... 74 ...... PR ...... Humacao Municipio ...... 83 ...... PR ...... Isabela Municipio ...... 85 ...... PR ...... Jayuya Municipio ...... 91 ...... PR ...... Juana Diaz Municipio ...... 86 ...... PR ...... Juncos Municipio ...... 85 ...... PR ...... Lajas Municipio ...... 83 ...... PR ...... Lares Municipio ...... 87 ...... PR ...... Las Marias Municipio ...... 91 ...... PR ...... Las Piedras Municipio ...... 85 ...... PR ...... Loiza Municipio ...... 89 ...... PR ...... Luquillo Municipio ...... 79 ...... PR ...... Manati Municipio ...... 84 ...... PR ...... Maricao Municipio ...... 95 ...... PR ...... Maunabo Municipio ...... 88 ...... PR ...... Mayaguez Municipio ...... 77 ...... PR ...... Moca Municipio ...... 86 ...... PR ...... Morovis Municipio ...... 87 ...... PR ...... Naguabo Municipio ...... 83 ...... PR ...... Naranjito Municipio ...... 91 ...... PR ...... Orocovis Municipio ...... 91 ...... PR ...... Patillas Municipio ...... 84 ...... PR ...... Penuelas Municipio ...... 86 ...... PR ...... Ponce Municipio ...... 80 ...... PR ...... Quebradillas Municipio ...... 83 ...... PR ...... Rincon Municipio ...... 73 ...... PR ...... Rio Grande Municipio ...... 85 ...... PR ...... Sabana Grande Municipio ...... 83 ...... PR ...... Salinas Municipio ...... 86 ...... PR ...... San German Municipio ...... 85 ...... PR ...... San Juan Municipio ...... 73 ...... PR ...... San Lorenzo Municipio ...... 83 ...... PR ...... San Sebastian Municipio ...... 84 ...... PR ...... Santa Isabel Municipio ...... 86 ...... PR ...... Toa Alta Municipio ...... 80 ...... PR ...... Toa Baja Municipio ...... 80 ...... PR ...... Trujillo Alto Municipio ...... 79 ...... PR ...... Utuado Municipio ...... 83 ...... PR ...... Vega Alta Municipio ...... 83 ...... PR ...... Vega Baja Municipio ...... 76 ...... PR ...... Vieques Municipio ...... 83 ...... PR ...... Villalba Municipio ...... 88 ...... PR ...... Yabucoa Municipio ...... 86 ...... PR ...... Yauco Municipio ...... 85 ......

These amendments also require each Departments. The Departments have the non-English language and provide notice sent by a plan or issuer to an provided guidance with sample written notices in the non-English address in a county that meets this sentences in the relevant languages in language upon request. threshold to include a one-sentence separate guidance being issued The Departments expect that the statement in the relevant non-English contemporaneous with the publication largest cost associated with the language about the availability of of this amendment. amended rules for culturally and language services to be provided by the In addition to including a statement linguistically appropriate notices will be in all notices in the relevant non- for plans and issuers to provide notices 45 Data are from the 2005–2009 ACS available at English language, a plan or issuer would in the applicable non-English language http://www.census.gov/acs. Only those counties where at least 10% of the county speak a particular be required to provide a customer upon request. Based on the ACS data, non-English language and speak English less than assistance process (such as a telephone the Departments estimate that there are ‘‘very well’’ are listed. hotline) with oral language services in about 12 million individuals living in

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covered counties that are literate in a laws that do not meet the minimum scope of external review claims was too non-English Language. The ACS did not consumer protections in paragraph broad. start collecting insurance coverage (c)(2) entering the Federal external After considering all the comments, information until 2008. Therefore, to review process that would provide more with respect to plans subject to the estimate the percentage of the 12 consumer protections. However, this Federal external review process, for million affected individuals that were requirement to enter the Federal claims for which external review has insured, the Departments used the external review process would take not been initiated before September 20, percentage of the population in the State effect upon the start of a new plan year 2011, the amendment suspends the that reported being insured by private or beginning on or after July 1, 2011. original rule in the July 2010 regulations public employer insurance or in the This modification delays coverage of regarding the scope of claims eligible for individual market from the 2009 external review for participants whose external review for plans using the Current Population Survey (CPS).46 This plan year would have started between Federal process, temporarily replacing it results in an estimate of approximately July 1, 2011 and December 31, 2011, but with a different scope. Specifically, this seven million individuals who are provides coverage sooner for amendment suspends the broad scope of eligible to request translation services. participants in plans with plan years claims eligible for external review and In discussions with the regulated beginning after January 1, 2012, and has narrows the scope to those that involve community, the Departments found that no change for participants in plans with (1) medical judgment (excluding those experience in California, which has a plan years beginning on January 1, 2012. that involve only contractual or legal State law requirement for providing The annual reporting form for certain interpretation without any use of translation services, indicates that ERISA covered health plans, the Form medical judgment), as determined by requests for translations of written 5500, has information on health plan the external reviewer; or (2) a rescission documents averages 0.098 requests per year end dates and also the number of of coverage. The suspension is intended 1,000 members. While the California participants in health plans. While most to give the marketplace time to adjust to law is not identical to the amendment health plans with less than 100 providing external review. The Departments believe that, once the to the July 2010 regulations, and the participants are not required to file the demographics for California do not market has so adjusted, it will become Form 5500, the Departments are able to match other counties, for purposes of clear that the benefits of the July 2010 observe the plan year end dates and this analysis, the Departments used this regulations’ broader scope would be hence the plan year start dates for large percentage to estimate of the number of likely to justify its costs. plans. The Departments looked at the translation service requests that plan dispersion of plan year start dates for C. Regulatory Flexibility Act— and issuers can expect to receive. plans that filed the Form 5500 and Department of Labor and Department of Industry experts also told the found that nearly 76 percent of Health and Human Services Departments that while the cost of participants are in plans with a plan translation services varies, $500 per The Regulatory Flexibility Act (5 year start date of January 1, 2012 and document is a reasonable approximation U.S.C. 601 et seq.) (RFA) imposes of translation cost. hence will not be effected by the change certain requirements with respect to Using the ACS and the CPS, the in the rule; nearly 13 percent of Federal rules that are subject to the Departments estimate 34 million participants are in plans that could notice and comment requirements of insured lives in the affected counties. possibly see a delay in receiving the section 553(b) of the APA (5 U.S.C. 551 Based on the foregoing, the Departments protections of external review, while et seq.) and that are likely to have a estimate that the cost to provide just over 10 percent of participants will significant economic impact on a translation services will be be able to access the protections sooner. substantial number of small entities. approximately $1.7 million annually These estimates did not take into Under Section 553(b) of the APA, a (34,087,000 lives * 0.098/1000 * $500). account the state in which the plan was general notice of proposed rulemaking e. Duration of the transition period for located. The Departments do not have is not required when an agency, for State external review processes. These data on the start date of policies in the good cause, finds that notice and public amendments to the July 2010 individual market. While on net about comment thereon are impracticable, regulations modify the transition period 2.4 percent of participants in affected unnecessary, or contrary to the public under paragraph (c)(3) so that the last plans could see a delay in receiving the interest. The interim final regulations day of the transition period is December protections, these costs are offset by were exempt from the APA, because the 31, 2011. Modifying the transition giving states, and issuers additional Departments made a good cause finding period gives states additional time to time, and hence lower costs, to prepare that a general notice of proposed implement State external review for complying with the rule. rulemaking is not necessary earlier in processes that conform to paragraph f. Scope of Federal External Review. this preamble. Therefore, the RFA did (c)(2). This modification produces Paragraph (d)(1) of the July 2010 not apply and the Departments were not benefits and costs to participants and regulations provides that any adverse required to either certify that the beneficiaries depending upon which benefit determination (including a final regulations or this amendment would state they live in and the timing of the internal adverse benefit determination) not have a significant economic impact beginning of the plan year. HHS is could be brought to the Federal external on a substantial number of small entities working closely with states to help them review process unless it related to a or conduct a regulatory flexibility have external review processes that participant’s or beneficiary’s failure to analysis. meet the requirements of paragraph meet the requirements for eligibility Nevertheless, the Departments (c)(2). The July 2010 regulations would under the terms of a group health plan carefully considered the likely impact of have participants living in states with (i.e., worker classification and similar the rule on small entities in connection issues were not within the scope of the with their assessment under Executive 46 Please note that using state estimates of Federal external review process). As Order 12866. Consistent with the policy insurance coverage could lead to an over estimate discussed earlier in this preamble, of the RFA, the Departments encourage if those reporting in the ACS survey that they speak English less than ‘‘very well’’ are less likely to be comments received in response to the the public to submit comments that insured than the state average. July 2010 regulations indicate that the suggest alternative rules that accomplish

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the stated purpose of the Affordable Affairs, Attention: Desk Officer for the plan and issuers are required to provide Care Act and minimize the impact on Employee Benefits Security a customer assistance process (such as small entities. Administration either by fax to (202) a telephone hotline) with oral language 395–7285 or by e-mail to services in the non-English language D. Special Analyses—Department of the [email protected]. A copy and provide written notices in the non- Treasury of the ICR may be obtained by English language upon requests. Notwithstanding the determinations contacting the PRA addressee: G. The Departments understand that oral of the Department of Labor and Christopher Cosby, Office of Policy and translation services are already provided Department of Health and Human Research, U.S. Department of Labor, for nearly all covered participants and Services, for purposes of the Department Employee Benefits Security beneficiaries. Therefore, no additional of the Treasury, it has been determined Administration, 200 Constitution burden is associated with this that this Treasury decision is not a Avenue, NW., Room N–5718, requirement of the amendment. The significant regulatory action for Washington, DC 20210. Telephone: Departments estimate that plans will purposes of Executive Order 12866. (202) 693–8410; Fax: (202) 219–4745. incur an annual cost burden of $1.2 Therefore, a regulatory assessment is not These are not toll-free numbers. E-mail: million to translate written notices into required. It has also been determined [email protected]. ICRs submitted to the relevant non-English language.47 that section 553(b) of the APA (5 U.S.C. OMB also are available at reginfo.gov Based on the foregoing, the chapter 5) does not apply to these (http://www.reginfo.gov/public/do/ Departments have adjusted the total temporary regulations. For the PRAMain). estimated cost burden for this applicability of the RFA, refer to the a. Department of Labor and Department information collection. The cost burden Special Analyses section in the of the Treasury: Affordable Care Act is $243,000 in 2011, $1.7 million in preamble to the cross-referencing notice Internal Claims and Appeals and 2012, and $1.8 million in 2013. Type of Review: Revised collection. of proposed rulemaking published External Review Disclosures for Non- Agencies: Employee Benefits Security elsewhere in this issue of the Federal Grandfathered Plans Register. Pursuant to section 7805(f) of Administration, Department of Labor; the Code, these temporary regulations These amendments make two changes Internal Revenue Service, U.S. have been submitted to the Chief to the interim final regulations that Department of the Treasury, Counsel for Advocacy of the Small affect the paperwork burden. The first is Title: Affordable Care Act Internal Business Administration for comment an amendment no longer requiring that Claims and Appeals and External on their impact on small businesses. diagnosis and treatment codes be Review Disclosures for Non- included on notices of adverse benefit Grandfathered Plans. E. Paperwork Reduction Act determination and final internal adverse OMB Number: 1210–0144; 1545– 1. Department of Labor and Department benefit determination. Instead, they 2182. of the Treasury must notify claimants of the opportunity Affected Public: Business or other for- to receive the codes on request and profit; not-for-profit institutions. Currently, the Departments are plans and issuers must provide the Total Respondents: 1,020,000 (three- soliciting 60 days of public comments codes upon request. The Departments year average). concerning these disclosures. The expect that this change will lower costs, Total Responses: 111,000(three-year Departments have submitted a copy of because plans and issuers no longer will average). these interim final regulations to OMB have to provide the codes on the Frequency of Response: Occasionally. in accordance with 44 U.S.C. 3507(d) for notices. Plans and issuers will incur a Estimated Total Annual Burden review of the information collections. cost to establish procedures for receive, Hours: 233 hours (Employee Benefits The Departments and OMB are process, and mail the codes upon Security Administration); 233 hours particularly interested in comments request; however, the Departments are (Internal Revenue Service) (three-year that: unable to estimate such cost due to a average). • Evaluate whether the collection of lack of a basis for an estimate of the Estimated Total Annual Burden Cost: information is necessary for the proper number of requests that will be made for $628,900 (Employee Benefits Security performance of the functions of the the codes. Administration); $628,900 (Internal agency, including whether the The amendments also change the Revenue Service) (three-year average). information will have practical utility; method for determining who is eligible 2. Department of Health and Human • Evaluate the accuracy of the to receive a notice in a culturally and Services agency’s estimate of the burden of the linguistically appropriate manner, and collection of information, including the the information that must be provided a. ICR Regarding Affordable Care Act validity of the methodology and to such persons. The previous rule was Internal Claims and Appeals and assumptions used; based on the number of employees at a External Review Disclosures for Non- • Enhance the quality, utility, and firm. The new rule is based on whether grandfathered Plans clarity of the information to be a participant or beneficiary resides in a As discussed above in the Department collected; and county where ten percent or more of the of Labor and Department of the Treasury • Minimize the burden of the population residing in the county is PRA section, these amendments make collection of information on those who literate only in the same non-English two changes to the interim final are to respond, including through the language. regulations that affect the paperwork use of appropriate automated, Participants and beneficiaries residing burden. The first is an amendment no electronic, mechanical, or other in an affected county and speaking an longer requiring that diagnosis and technological collection techniques or applicable non-English language will treatment codes be included on notices other forms of information technology, now receive a one-sentence statement in of adverse benefit determination and for example, by permitting electronic all notices written in the applicable final internal adverse benefit submission of responses. non-English language about the Comments should be sent to the availability of language services. In 47 The Department’s methodology for this Office of Information and Regulatory addition to including the statement, estimate is explained in IV, B, 2, d, above.

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determination. Instead these codes are requirements by July 1, 2011. To obtain criteria by Federal agencies in the available upon request. The copies of the supporting statement and process of their formulation and Departments expect that this change any related forms for the proposed implementation of policies that have will lower costs compared to the July paperwork collections referenced above, ‘‘substantial direct effects’’ on the 2010 regulations because plans and access CMS’ Web site at http:// States, the relationship between the issuers no longer will have to provide www.cms.gov/ national government and States, or on the codes on the notices. Plans and PaperworkReductionActof1995/PRAL/ the distribution of power and issuers will incur a cost to establish list.asp#TopOfPage or e-mail your responsibilities among the various procedures for receiving, processing, request, including your address, phone levels of government. Federal agencies and mailing the codes upon request; number, OMB number, and CMS promulgating regulations that have however, the Departments are unable to document identifier, to federalism implications must consult estimate such cost due to lack of a basis [email protected], or call the with State and local officials, and for an estimate of the number of Reports Clearance Office at 410–786– describe the extent of their consultation requests that will be made for the codes. 1326. and the nature of the concerns of State Second, the amendments also changes If you comment on any of these and local officials in the preamble to the who is eligible to receive a notice in a information collection requirements, regulation. culturally or linguistically appropriate please do either of the following: In the Departments’ view, these manner. 1. Submit your comments amendments to the interim final The Departments estimated the new electronically as specified in the regulations have federalism cost burden of providing the translation ADDRESSES section of this proposed rule; implications, because they have direct of requested notices into the applicable or effects on the States, the relationship non-English language. The annual cost 2. Submit your comments to the between the national government and burden is estimated to be $430,000 Office of Information and Regulatory States, or on the distribution of power annually starting in 2012. The Affairs, Office of Management and and responsibilities among various derivation of this estimate was Budget, levels of government. However, in the discussed above in the Economic Impact Attention: CMS Desk Officer, CMS– Departments’ view, the federalism section. 9993–IFC2 implications of these interim final Due to the amendments, the Fax: (202) 395–6974; or regulations are substantially mitigated Department has adjusted the total E-mail: because, with respect to health _ estimated costs of this information OIRA [email protected] insurance issuers, the Departments expect that the majority of States will collection. The Department estimates F. Congressional Review Act that State and local governmental plans enact laws or take other appropriate and issuers offering coverage in the These amendments to the interim action to implement an internal and individual market will incur a total hour final regulations are subject to the external appeals process that will meet burden of 570,804 hours in 2011, Congressional Review Act provisions of or exceed federal standards. 998,807 hours in 2012, and 1.22 million the Small Business Regulatory In general, through section 514, hours in 2013 to comply with Enforcement Fairness Act of 1996 (5 ERISA supersedes State laws to the equivalent costs of $28.2 million in U.S.C. 801 et seq.) and have been extent that they relate to any covered 2011, $57.4 million in 2012, and $70.5 transmitted to Congress and the employee benefit plan, and preserves million in 2013. The total cost burden Comptroller General for review. State laws that regulate insurance, banking, or securities. While ERISA for those plans that use service G. Unfunded Mandates Reform Act providers, including the cost of mailing prohibits States from regulating a plan The Unfunded Mandates Reform Act all responses is estimated to be $20.7 as an insurance or investment company of 1995 (Pub. L. 104–4) requires million in 2011, $37.9 million in 2012, or bank, the preemption provisions of agencies to prepare several analytic section 731 of ERISA and section 2724 and $51.7 million in 2013. statements before proposing any rules The hour and cost burden is of the PHS Act (implemented in 29 CFR that may result in annual expenditures summarized below: 2590.731(a) and 45 CFR 146.143(a)) Type of Review: Revised collection. of $100 million (as adjusted for apply so that the HIPAA requirements Agency: Department of Health and inflation) by State, local and tribal (including those of the Affordable Care Human Services. governments or the private sector. These Act) are not to be ‘‘construed to Title: Affordable Care Act Internal amendments to the interim final supersede any provision of State law Claims and Appeals and External regulations are not subject to the which establishes, implements, or Review Disclosures Unfunded Mandates Reform Act continues in effect any standard or OMB Number: 0938–1099. because they are being issued as interim requirement solely relating to health Affected Public: Business; State, final regulations. However, consistent insurance issuers in connection with Local, or Tribal Governments. with the policy embodied in the group health insurance coverage except Respondents: 46,773 (three-year Unfunded Mandates Reform Act, the to the extent that such standard or average). regulation has been designed to be the requirement prevents the application of Responses: 218,650,000 (three-year least burdensome alternative for State, a requirement’’ of a Federal standard. average). local and tribal governments, and the The conference report accompanying Frequency of Response: Occasionally. private sector, while achieving the HIPAA indicates that this is intended to Estimated Total Annual Burden objectives of the Affordable Care Act. be the ‘‘narrowest’’ preemption of State Hours: 929,870 hours (three-year laws. (See House Conf. Rep. No. 104– average). H. Federalism Statement—Department 736, at 205, reprinted in 1996 U.S. Code Estimated Total Annual Burden Cost: of Labor and Department of Health and Cong. & Admin. News 2018.) States may $36,600,000 (three-year average). Human Services continue to apply State law We have requested emergency OMB Executive Order 13132 outlines requirements except to the extent that review and approval of the fundamental principles of federalism, such requirements prevent the aforementioned information collection and requires the adherence to specific application of the Affordable Care Act

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requirements that are the subject of this V. Statutory Authority Approved: June 16, 2011. rulemaking. State insurance laws that Donald Berwick, are more stringent than the Federal The Department of the Treasury Administrator, Centers for Medicare & requirements are unlikely to ‘‘prevent temporary regulations are adopted Medicaid Services. pursuant to the authority contained in the application of’’ the Affordable Care Approved: June 17, 2011. sections 7805 and 9833 of the Code. Act, and be preempted. Accordingly, Kathleen Sebelius, States have significant latitude to The Department of Labor interim final Secretary, Department of Health and Human impose requirements on health regulations are adopted pursuant to the Services. insurance issuers that are more authority contained in 29 U.S.C. 1027, restrictive than the Federal law. 1059, 1135, 1161–1168, 1169, 1181– Department of the Treasury Furthermore, the Departments have 1183, 1181 note, 1185, 1185a, 1185b, Internal Revenue Service opined that, in the instance of a group 1191, 1191a, 1191b, and 1191c; sec. 26 CFR Chapter I health plan providing coverage through 101(g), Pub. L. 104–191, 110 Stat. 1936; group health insurance, the issuer will sec. 401(b), Pub. L. 105–200, 112 Stat. Accordingly, 26 CFR part 54 is be required to follow the external 645 (42 U.S.C. 651 note); sec. 512(d), amended as follows: review procedures established in State Pub. L. 110–343, 122 Stat. 3881; sec. PART 54—PENSION EXCISE TAXES law (assuming the State external review 1001, 1201, and 1562(e), Pub. L. 111– procedure meets the minimum 148, 124 Stat. 119, as amended by Pub. ■ Paragraph 1. The general authority standards set out in these interim final L. 111–152, 124 Stat. 1029; Secretary of citation for part 54 continues to read as rules). Labor’s Order 6–2009, 74 FR 21524 follows: (May 7, 2009). In compliance with the requirement Authority: 26 U.S.C. 7805 * * * of Executive Order 13132 that agencies The Department of Health and Human ■ Par. 2. Section 54.9815–2719T is examine closely any policies that may Services interim final regulations are have federalism implications or limit amended by: adopted pursuant to the authority ■ 1. Revising paragraphs (b)(2)(ii)(B), the policy making discretion of the contained in sections 2701 through (b)(2)(ii)(E)(1), (b)(2)(ii)(F), (c)(2)(xi), States, the Departments have engaged in 2763, 2791, and 2792 of the PHS Act (42 (c)(3), (d)(1), (d)(2)(iv) and (e). efforts to consult with and work U.S.C. 300gg through 300gg–63, 300gg– ■ 2. Redesignating (b)(2)(ii)(E)(2), cooperatively with affected State and 91, and 300gg–92), as amended. (b)(2)(ii)(E)(3), and (b)(2)(ii)(E)(4) as local officials, including attending List of Subjects (b)(2)(ii)(E)(3), (b)(2)(ii)(E)(4), and conferences of the National Association (b)(2)(ii)(E)(5), respectively. of Insurance Commissioners (NAIC), 26 CFR Part 54 ■ 3. Adding new paragraph meeting with NAIC staff counsel on (b)(2)(ii)(E)(2). issues arising from the interim final Excise taxes, Health care, Health The revisions and addition read as regulations and consulting with State insurance, Pensions, Reporting and follows: insurance officials on an individual recordkeeping requirements. basis. It is expected that the § 54.9815–2719T Internal claims and 29 CFR Part 2590 Departments will act in a similar appeals and external review processes (temporary). fashion in enforcing the Affordable Care Continuation coverage, Disclosure, * * * * * Act requirements, including the Employee benefit plans, Group health (b) * * * provisions of section 2719 of the PHS plans, Health care, Health insurance, Act. Throughout the process of (2) * * * Medical child support, Reporting and (ii) * * * developing these amendments to the recordkeeping requirements. interim final regulations, to the extent (B) Expedited notification of benefit feasible within the specific preemption 45 CFR Part 147 determinations involving urgent care. provisions of HIPAA as it applies to the The requirements of 29 CFR 2560.503– Health care, Health insurance, 1(f)(2)(i) (which generally provide, Affordable Care Act, the Departments Reporting and recordkeeping among other things, in the case of urgent have attempted to balance the States’ requirements, and State regulation of care claims for notification of the plan’s interests in regulating health insurance benefit determination (whether adverse issuers, and Congress’ intent to provide health insurance. or not) as soon as possible, taking into uniform minimum protections to Steven T. Miller, account the medical exigencies, but not consumers in every State. By doing so, Deputy Commissioner for Services and later than 72 hours after receipt of the it is the Departments’ view that they Enforcement, Internal Revenue Service. claim) continue to apply to the plan and have complied with the requirements of issuer. For purposes of this paragraph Executive Order 13132. Approved: June 21, 2011. Emily S. McMahon, (b)(2)(ii)(B), a claim involving urgent Pursuant to the requirements set forth care has the meaning given in 29 CFR in section 8(a) of Executive Order Acting Assistant Secretary of the Treasury 2560.503–1(m)(1), as determined by the (Tax Policy). 13132, and by the signatures affixed to attending provider, and the plan or these regulations, the Departments Signed this 20th day of June 2011. issuer shall defer to such determination certify that the Employee Benefits Phyllis C. Borzi, of the attending provider. Security Administration and the Centers Assistant Secretary, Employee Benefits * * * * * for Medicare and Medicaid Services Security Administration, Department of (E) * * * have complied with the requirements of Labor. (1) The plan and issuer must ensure Executive Order 13132 for the attached CMS–9993–IFC2 that any notice of adverse benefit amendment to the interim final determination or final internal adverse regulations in a meaningful and timely benefit determination includes manner. information sufficient to identify the

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claim involved (including the date of written explanation of the violation requirements of the Federal external service, the health care provider, the from the plan or issuer, and the plan or review process in paragraph (d) of this claim amount (if applicable), and a issuer must provide such explanation section. statement describing the availability, within 10 days, including a specific (ii) For final internal adverse benefit upon request, of the diagnosis code and description of its bases, if any, for determinations (or, in the case of its corresponding meaning, and the asserting that the violation should not simultaneous internal appeal and treatment code and its corresponding cause the internal claims and appeals external review, adverse benefit meaning). process of this paragraph (b) to be determinations) provided on or after (2) The plan and issuer must provide deemed exhausted. If an external January 1, 2012, the Federal external to participants and beneficiaries, as reviewer or a court rejects the claimant’s review process will apply unless the soon as practicable, upon request, the request for immediate review under Department of Health and Human diagnosis code and its corresponding paragraph (b)(2)(ii)(F)(1) of this section Services determines that a State law meaning, and the treatment code and its on the basis that the plan met the meets all the minimum standards of corresponding meaning, associated with standards for the exception under this paragraph (c)(2) of this section. any adverse benefit determination or paragraph (b)(2)(ii)(F)(2), the claimant (d) * * * final internal adverse benefit has the right to resubmit and pursue the (1) Scope—(i) In general. Subject to determination. The plan or issuer must internal appeal of the claim. In such a the suspension provision in paragraph not consider a request for such case, within a reasonable time after the (d)(1)(ii) of this section and except to diagnosis and treatment information, in external reviewer or court rejects the the extent provided otherwise by the itself, to be a request for an internal claim for immediate review (not to Secretary in guidance, the Federal appeal under this paragraph (b) or an exceed 10 days), the plan shall provide external review process established external review under paragraphs (c) the claimant with notice of the pursuant to this paragraph (d) applies to and (d) of this section. opportunity to resubmit and pursue the any adverse benefit determination or * * * * * internal appeal of the claim. Time final internal adverse benefit (F) Deemed exhaustion of internal periods for re-filing the claim shall determination (as defined in paragraphs claims and appeals processes—(1) In begin to run upon claimant’s receipt of (a)(2)(i) and (a)(2)(v) of this section), the case of a plan or issuer that fails to such notice. except that a denial, reduction, adhere to all the requirements of this * * * * * termination, or a failure to provide paragraph (b)(2) with respect to a claim, (c) * * * payment for a benefit based on a the claimant is deemed to have (2) * * * determination that a participant or exhausted the internal claims and (xi) The State process must provide beneficiary fails to meet the appeals process of this paragraph (b), that the decision is binding on the plan requirements for eligibility under the except as provided in paragraph or issuer, as well as the claimant, except terms of a group health plan is not (b)(2)(ii)(F)(2) of this section. to the extent other remedies are eligible for the Federal external review Accordingly, the claimant may initiate available under State or Federal law, process under this paragraph (d). (ii) Suspension of general rule. Unless an external review under paragraph (c) and except that the requirement that the or until this suspension is revoked in or (d) of this section, as applicable. The decision be binding shall not preclude guidance by the Secretary, with respect claimant is also entitled to pursue any the plan or issuer from making payment to claims for which external review has available remedies under section 502(a) on the claim or otherwise providing not been initiated before September 20, of ERISA or under State law, as benefits at any time, including after a 2011, the Federal external review applicable, on the basis that the plan or final external review decision that process established pursuant to this issuer has failed to provide a reasonable denies the claim or otherwise fails to paragraph (d) applies only to: internal claims and appeals process that require such payment or benefits. For this purpose, the plan or issuer must (A) An adverse benefit determination would yield a decision on the merits of (including a final internal adverse the claim. If a claimant chooses to provide benefits (including by making payment on the claim) pursuant to the benefit determination) by a plan or pursue remedies under section 502(a) of issuer that involves medical judgment ERISA under such circumstances, the final external review decision without delay, regardless of whether the plan or (including, but not limited to, those claim or appeal is deemed denied on based on the plan’s or issuer’s review without the exercise of issuer intends to seek judicial review of the external review decision and unless requirements for medical necessity, discretion by an appropriate fiduciary. appropriateness, health care setting, (2) Notwithstanding paragraph or until there is a judicial decision otherwise. level of care, or effectiveness of a (b)(2)(ii)(F)(1) of this section, the covered benefit; or its determination internal claims and appeals process of * * * * * that a treatment is experimental or this paragraph (b) will not be deemed (3) Transition period for external investigational), as determined by the exhausted based on de minimis review processes. (i) Through December external reviewer; and violations that do not cause, and are not 31, 2011, an applicable State external (B) A rescission of coverage (whether likely to cause, prejudice or harm to the review process applicable to a health or not the rescission has any effect on claimant so long as the plan or issuer insurance issuer or group health plan is any particular benefit at that time). demonstrates that the violation was for considered to meet the requirements of (iii) Examples. The rules of paragraph good cause or due to matters beyond the PHS Act section 2719(b). Accordingly, (d)(1)(ii) of this section are illustrated by control of the plan or issuer and that the through December 31, 2011, an the following examples: violation occurred in the context of an applicable State external review process ongoing, good faith exchange of will be considered binding on the issuer Example 1. (i) Facts. A group health plan provides coverage for 30 physical therapy information between the plan and the or plan (in lieu of the requirements of visits generally. After the 30th visit, coverage claimant. This exception is not available the Federal external review process). If is provided only if the service is if the violation is part of a pattern or there is no applicable State external preauthorized pursuant to an approved practice of violations by the plan or review process, the issuer or plan is treatment plan that takes into account issuer. The claimant may request a required to comply with the medical necessity using the plan’s definition

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of the term. Individual A seeks coverage for issuer from making payment on the PART 2590—RULES AND a 31st physical therapy visit. A’s health care claim or otherwise providing benefits at REGULATIONS FOR GROUP HEALTH provider submits a treatment plan for any time, including after a final external PLANS approval, but it is not approved by the plan, so coverage for the 31st visit is not review decision that denies the claim or otherwise fails to require such payment ■ 1. The authority citation for part 2590 preauthorized. With respect to the 31st visit, continues to read as follows: A receives a notice of final internal adverse or benefits. For this purpose, the plan or benefit determination stating that the issuer must provide any benefits Authority: 29 U.S.C. 1027, 1059, 1135, maximum visit limit is exceeded. (including by making payment on the 1161–1168, 1169, 1181–1183, 1181 note, (ii) Conclusion. In this Example 1, the claim) pursuant to the final external 1185, 1185a, 1185b, 1191, 1191a, 1191b, and plan’s denial of benefits is based on medical review decision without delay, 1191c; sec. 101(g), Pub. L. 104–191, 110 Stat. necessity and involves medical judgment. 1936; sec. 401(b), Pub. L. 105–200, 112 Stat. Accordingly, the claim is eligible for external regardless of whether the plan or issuer 645 (42 U.S.C. 651 note); sec. 512(d), Pub. L. review during the suspension period under intends to seek judicial review of the 110–343, 122 Stat. 3881; sec. 1001, 1201, and paragraph (d)(1)(ii) of this section. Moreover, external review decision and unless or 1562(e), Pub. L. 111–148, 124 Stat. 119, as the plan’s notification of final internal until there is a judicial decision amended by Pub. L. 111–152, 124 Stat. 1029; adverse benefit determination is inadequate otherwise. Secretary of Labor’s Order 6–2009, 74 FR 21524 (May 7, 2009). under paragraphs (b)(2)(i) and (b)(2)(ii)(E)(3) * * * * * of this section because it fails to make clear ■ 2. Section 2590.715–2719 is amended that the plan will pay for more than 30 visits (e) Form and manner of notice—(1) In by: if the service is preauthorized pursuant to an general. For purposes of this section, a ■ 1. Revising paragraphs (b)(2)(ii)(B), approved treatment plan that takes into group health plan and a health (b)(2)(ii)(E)(1), (b)(2)(ii)(F), (c)(2)(xi), account medical necessity using the plan’s insurance issuer offering group health definition of the term. Accordingly, the (c)(3), (d)(1), (d)(2)(iv), and (e). ■ notice of final internal adverse benefit insurance coverage are considered to 2. Redesignating (b)(2)(ii)(E)(2), determination should refer to the plan provide relevant notices in a culturally (b)(2)(ii)(E)(3), and (b)(2)(ii)(E)(4) as provision governing the 31st visit and should and linguistically appropriate manner if (b)(2)(ii)(E)(3), (b)(2)(ii)(E)(4), and describe the plan’s standard for medical the plan or issuer meets all the (b)(2)(ii)(E)(5), respectively. necessity, as well as how the treatment fails requirements of paragraph (e)(2) of this ■ 3. Adding new paragraph to meet the plan’s standard. section with respect to the applicable (b)(2)(ii)(E)(2). Example 2. (i) Facts. A group health plan non-English languages described in The revisions and addition read as does not provide coverage for services paragraph (e)(3) of this section. follows: provided out of network, unless the service cannot effectively be provided in network. (2) Requirements—(i) The plan or § 2590.715–2719 Internal claims and Individual B seeks coverage for a specialized issuer must provide oral language appeals and external review processes. medical procedure from an out-of-network services (such as a telephone customer * * * * * provider because B believes that the assistance hotline) that include (b) * * * procedure cannot be effectively provided in answering questions in any applicable (2) * * * network. B receives a notice of final internal non-English language and providing (ii) * * * adverse benefit determination stating that the (B) Expedited notification of benefit claim is denied because the provider is out- assistance with filing claims and of-network. appeals (including external review) in determinations involving urgent care. (ii) Conclusion. In this Example 2, the any applicable non-English language; The requirements of 29 CFR 2560.503– 1(f)(2)(i) (which generally provide, plan’s denial of benefits is based on whether (ii) The plan or issuer must provide, among other things, in the case of urgent a service can effectively be provided in upon request, a notice in any applicable network and, therefore, involves medical care claims for notification of the plan’s non-English language; and judgment. Accordingly, the claim is eligible benefit determination (whether adverse for external review during the suspension (iii) The plan or issuer must include or not) as soon as possible, taking into period under paragraph (d)(1)(ii) of this in the English versions of all notices, a account the medical exigencies, but not section. Moreover, the plan’s notice of final statement prominently displayed in any later than 72 hours after receipt of the internal adverse benefit determination is applicable non-English language clearly inadequate under paragraphs (b)(2)(i) and claim) continue to apply to the plan and (b)(2)(ii)(E)(3) of this section because the plan indicating how to access the language issuer. For purposes of this paragraph does provide benefits for services on an out- services provided by the plan or issuer. (b)(2)(ii)(B), a claim involving urgent of-network basis if the services cannot (3) Applicable non-English language. care has the meaning given in 29 CFR effectively be provided in network. With respect to an address in any 2560.503–1(m)(1), as determined by the Accordingly, the notice of final internal United States county to which a notice attending provider, and the plan or adverse benefit determination is required to is sent, a non-English language is an issuer shall defer to such determination refer to the exception to the out-of-network of the attending provider. exclusion and should describe the plan’s applicable non-English language if ten standards for determining effectiveness of percent or more of the population * * * * * services, as well as how services available to residing in the county is literate only in (E) * * * the claimant within the plan’s network meet the same non-English language, as (1) The plan and issuer must ensure the plan’s standard for effectiveness of determined in guidance published by that any notice of adverse benefit services. the Secretary. determination or final internal adverse benefit determination includes * * * * * * * * * * (2) * * * information sufficient to identify the (iv) These standards will provide that Department of Labor claim involved (including the date of an external review decision is binding service, the health care provider, the on the plan or issuer, as well as the Employee Benefits Security claim amount (if applicable), and a claimant, except to the extent other Administration statement describing the availability, remedies are available under State or 29 CFR Chapter XXV upon request, of the diagnosis code and Federal law, and except that the its corresponding meaning, and the requirement that the decision be 29 CFR part 2590 is amended as treatment code and its corresponding binding shall not preclude the plan or follows: meaning).

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(2) The plan and issuer must provide deemed exhausted. If an external January 1, 2012, the Federal external to participants and beneficiaries, as reviewer or a court rejects the claimant’s review process will apply unless the soon as practicable, upon request, the request for immediate review under Department of Health and Human diagnosis code and its corresponding paragraph (b)(2)(ii)(F)(1) of this section Services determines that a State law meaning, and the treatment code and its on the basis that the plan met the meets all the minimum standards of corresponding meaning, associated with standards for the exception under this paragraph (c)(2) of this section. any adverse benefit determination or paragraph (b)(2)(ii)(F)(2), the claimant (d) * * * final internal adverse benefit has the right to resubmit and pursue the (1) Scope—(i) In general. Subject to determination. The plan or issuer must internal appeal of the claim. In such a the suspension provision in paragraph not consider a request for such case, within a reasonable time after the (d)(1)(ii) of this section and except to diagnosis and treatment information, in external reviewer or court rejects the the extent provided otherwise by the itself, to be a request for an internal claim for immediate review (not to Secretary in guidance, the Federal appeal under this paragraph (b) or an exceed 10 days), the plan shall provide external review process established external review under paragraphs (c) the claimant with notice of the pursuant to this paragraph (d) applies to and (d) of this section. opportunity to resubmit and pursue the any adverse benefit determination or final internal adverse benefit * * * * * internal appeal of the claim. Time determination (as defined in paragraphs (F) Deemed exhaustion of internal periods for re-filing the claim shall (a)(2)(i) and (a)(2)(v) of this section), claims and appeals processes—(1) In begin to run upon claimant’s receipt of except that a denial, reduction, the case of a plan or issuer that fails to such notice. termination, or a failure to provide * * * * * adhere to all the requirements of this payment for a benefit based on a (c) * * * paragraph (b)(2) with respect to a claim, determination that a participant or the claimant is deemed to have (2) * * * (xi) The State process must provide beneficiary fails to meet the exhausted the internal claims and requirements for eligibility under the that the decision is binding on the plan appeals process of this paragraph (b), terms of a group health plan is not or issuer, as well as the claimant, except except as provided in paragraph eligible for the Federal external review to the extent other remedies are (b)(2)(ii)(F)(2) of this section. process under this paragraph (d). Accordingly, the claimant may initiate available under State or Federal law, (ii) Suspension of general rule. Unless an external review under paragraph (c) and except that the requirement that the or until this suspension is revoked in or (d) of this section, as applicable. The decision be binding shall not preclude guidance by the Secretary, with respect claimant is also entitled to pursue any the plan or issuer from making payment to claims for which external review has available remedies under section 502(a) on the claim or otherwise providing not been initiated before the effective of ERISA or under State law, as benefits at any time, including after a date of this paragraph (d)(1) (September applicable, on the basis that the plan or final external review decision that 20, 2011), the Federal external review issuer has failed to provide a reasonable denies the claim or otherwise fails to process established pursuant to this internal claims and appeals process that require such payment or benefits. For paragraph (d) applies only to: would yield a decision on the merits of this purpose, the plan or issuer must (A) An adverse benefit determination the claim. If a claimant chooses to provide benefits (including by making (including a final internal adverse pursue remedies under section 502(a) of payment on the claim) pursuant to the benefit determination) by a plan or ERISA under such circumstances, the final external review decision without issuer that involves medical judgment claim or appeal is deemed denied on delay, regardless of whether the plan or (including, but not limited to, those review without the exercise of issuer intends to seek judicial review of based on the plan’s or issuer’s discretion by an appropriate fiduciary. the external review decision and unless requirements for medical necessity, (2) Notwithstanding paragraph or until there is a judicial decision appropriateness, health care setting, (b)(2)(ii)(F)(1) of this section, the otherwise. level of care, or effectiveness of a internal claims and appeals process of * * * * * covered benefit; or its determination this paragraph (b) will not be deemed (3) Transition period for external that a treatment is experimental or exhausted based on de minimis review processes. (i) Through December investigational), as determined by the violations that do not cause, and are not 31, 2011, an applicable State external external reviewer; and likely to cause, prejudice or harm to the review process applicable to a health (B) A rescission of coverage (whether claimant so long as the plan or issuer insurance issuer or group health plan is or not the rescission has any effect on demonstrates that the violation was for considered to meet the requirements of any particular benefit at that time). good cause or due to matters beyond the PHS Act section 2719(b). Accordingly, (iii) Examples. This rules of paragraph control of the plan or issuer and that the through December 31, 2011, an (d)(1)(ii) of this section are illustrated by violation occurred in the context of an applicable State external review process the following examples: ongoing, good faith exchange of will be considered binding on the issuer Example 1. (i) Facts. A group health plan information between the plan and the or plan (in lieu of the requirements of provides coverage for 30 physical therapy claimant. This exception is not available visits generally. After the 30th visit, coverage the Federal external review process). If is provided only if the service is if the violation is part of a pattern or there is no applicable State external preauthorized pursuant to an approved practice of violations by the plan or review process, the issuer or plan is treatment plan that takes into account issuer. The claimant may request a required to comply with the medical necessity using the plan’s definition written explanation of the violation requirements of the Federal external of the term. Individual A seeks coverage for from the plan or issuer, and the plan or review process in paragraph (d) of this a 31st physical therapy visit. A’s health care issuer must provide such explanation section. provider submits a treatment plan for within 10 days, including a specific (ii) For final internal adverse benefit approval, but it is not approved by the plan, so coverage for the 31st visit is not description of its bases, if any, for determinations (or, in the case of preauthorized. With respect to the 31st visit, asserting that the violation should not simultaneous internal appeal and A receives a notice of final internal adverse cause the internal claims and appeals external review, adverse benefit benefit determination stating that the process of this paragraph (b) to be determinations) provided on or after maximum visit limit is exceeded.

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(ii) Conclusion. In this Example 1, the claim) pursuant to the final external ■ 2. Section 147.136 is amended by: plan’s denial of benefits is based on medical review decision without delay, ■ 1. Revising paragraphs (b)(2)(ii)(B), necessity and involves medical judgment. regardless of whether the plan or issuer (b)(2)(ii)(E)(1), (b)(2)(ii)(F), (c)(2)(xi), Accordingly, the claim is eligible for external intends to seek judicial review of the (c)(3), (d)(1), (d)(2)(iv), and (e). review during the suspension period under ■ paragraph (d)(1)(ii) of this section. Moreover, external review decision and unless or 2. Redesignating (b)(2)(ii)(E)(2), the plan’s notification of final internal until there is a judicial decision (b)(2)(ii)(E)(3), and (b)(2)(ii)(E)(4) as adverse benefit determination is inadequate otherwise. (b)(2)(ii)(E)(3), (b)(2)(ii)(E)(4), and under paragraphs (b)(2)(i) and (b)(2)(ii)(E)(3) * * * * * (b)(2)(ii)(E)(5), respectively. of this section because it fails to make clear (e) Form and manner of notice—(1) In ■ 3. Adding new paragraph that the plan will pay for more than 30 visits general. For purposes of this section, a (b)(2)(ii)(E)(2). if the service is preauthorized pursuant to an group health plan and a health The revisions and addition read as approved treatment plan that takes into insurance issuer offering group health follows: account medical necessity using the plan’s definition of the term. Accordingly, the insurance coverage are considered to provide relevant notices in a culturally § 147.136 Internal claims and appeals and notice of final internal adverse benefit external review processes. determination should refer to the plan and linguistically appropriate manner if provision governing the 31st visit and should the plan or issuer meets all the * * * * * describe the plan’s standard for medical requirements of paragraph (e)(2) of this (b) * * * necessity, as well as how the treatment fails section with respect to the applicable (2) * * * to meet the plan’s standard. non-English languages described in (ii) * * * Example 2. (i) Facts. A group health plan paragraph (e)(3) of this section. (B) Expedited notification of benefit does not provide coverage for services (2) Requirements—(i) The plan or determinations involving urgent care. provided out of network, unless the service issuer must provide oral language The requirements of 29 CFR 2560.503– cannot effectively be provided in network. services (such as a telephone customer 1(f)(2)(i) (which generally provide, Individual B seeks coverage for a specialized among other things, in the case of urgent medical procedure from an out-of-network assistance hotline) that include provider because B believes that the answering questions in any applicable care claims for notification of the plan’s procedure cannot be effectively provided in non-English language and providing benefit determination (whether adverse network. B receives a notice of final internal assistance with filing claims and or not) as soon as possible, taking into adverse benefit determination stating that the appeals (including external review) in account the medical exigencies, but not claim is denied because the provider is out- any applicable non-English language; later than 72 hours after receipt of the of-network. (ii) The plan or issuer must provide, claim) continue to apply to the plan and (ii) Conclusion. In this Example 2, the upon request, a notice in any applicable issuer. For purposes of this paragraph plan’s denial of benefits is based on whether non-English language; and (b)(2)(ii)(B), a claim involving urgent a service can effectively be provided in (iii) The plan or issuer must include care has the meaning given in 29 CFR network and, therefore, involves medical in the English versions of all notices, a judgment. Accordingly, the claim is eligible 2560.503–1(m)(1), as determined by the for external review during the suspension statement prominently displayed in any attending provider, and the plan or period under paragraph (d)(1)(ii) of this applicable non-English language clearly issuer shall defer to such determination section. Moreover, the plan’s notice of final indicating how to access the language of the attending provider. internal adverse benefit determination is services provided by the plan or issuer. * * * * * inadequate under paragraphs (b)(2)(i) and (3) Applicable non-English language. (E) * * * (b)(2)(ii)(E)(3) of this section because the plan With respect to an address in any does provide benefits for services on an out- United States county to which a notice (1) The plan and issuer must ensure of-network basis if the services cannot is sent, a non-English language is an that any notice of adverse benefit effectively be provided in network. applicable non-English language if ten determination or final internal adverse Accordingly, the notice of final internal percent or more of the population benefit determination includes adverse benefit determination is required to residing in the county is literate only in information sufficient to identify the refer to the exception to the out-of-network claim involved (including the date of exclusion and should describe the plan’s the same non-English language, as determined in guidance published by service, the health care provider, the standards for determining effectiveness of claim amount (if applicable), and a services, as well as how services available to the Secretary. statement describing the availability, the claimant within the plan’s network meet * * * * * the plan’s standard for effectiveness of upon request, of the diagnosis code and services. Department of Health and Human its corresponding meaning, and the * * * * * Services treatment code and its corresponding meaning). (2) * * * 45 CFR Subtitle A (iv) These standards will provide that (2) The plan and issuer must provide an external review decision is binding For the reasons stated in the to participants and beneficiaries, as on the plan or issuer, as well as the preamble, the Department of Health and soon as practicable, upon request, the claimant, except to the extent other Human Services amends 45 CFR part diagnosis code and its corresponding remedies are available under State or 147 as follows: meaning, and the treatment code and its corresponding meaning, associated with Federal law, and except that the PART 147—HEALTH INSURANCE any adverse benefit determination or requirement that the decision be REFORM REQUIREMENTS FOR THE final internal adverse benefit binding shall not preclude the plan or GROUP AND INDIVIDUAL HEALTH determination. The plan or issuer must issuer from making payment on the INSURANCE MARKETS claim or otherwise providing benefits at not consider a request for such any time, including after a final external ■ 1. The authority citation for part 147 diagnosis and treatment information, in review decision that denies the claim or continues to read as follows: itself, to be a request for an internal otherwise fails to require such payment appeal under this paragraph (b) or an Authority: Sections 2701 through 2763, external review under paragraphs (c) or benefits. For this purpose, the plan or 2791, and 2792 of the Public Health Service issuer must provide any benefits Act (42 U.S.C. 300gg through 300gg–63, and (d) of this section. (including by making payment on the 300gg–91, and 300gg–92), as amended. * * * * *

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(F) Deemed exhaustion of internal periods for re-filing the claim shall determination (as defined in paragraphs claims and appeals processes—(1) In begin to run upon claimant’s receipt of (a)(2)(i) and (a)(2)(v) of this section), the case of a plan or issuer that fails to such notice. except that a denial, reduction, adhere to all the requirements of this * * * * * termination, or a failure to provide paragraph (b)(2) with respect to a claim, (c) * * * payment for a benefit based on a the claimant is deemed to have (2) * * * determination that a participant or exhausted the internal claims and (xi) The State process must provide beneficiary fails to meet the appeals process of this paragraph (b), that the decision is binding on the plan requirements for eligibility under the except as provided in paragraph or issuer, as well as the claimant, except terms of a group health plan is not (b)(2)(ii)(F)(2) of this section. to the extent other remedies are eligible for the Federal external review Accordingly, the claimant may initiate available under State or Federal law, process under this paragraph (d). an external review under paragraph (c) and except that the requirement that the (ii) Suspension of general rule. Unless or (d) of this section, as applicable. The decision be binding shall not preclude or until this suspension is revoked in claimant is also entitled to pursue any the plan or issuer from making payment guidance by the Secretary, with respect available remedies under section 502(a) on the claim or otherwise providing to claims for which external review has of ERISA or under State law, as benefits at any time, including after a not been initiated before September 20, applicable, on the basis that the plan or final external review decision that 2011, the Federal external review issuer has failed to provide a reasonable denies the claim or otherwise fails to process established pursuant to this internal claims and appeals process that require such payment or benefits. For paragraph (d) applies only to: would yield a decision on the merits of this purpose, the plan or issuer must (A) An adverse benefit determination the claim. If a claimant chooses to provide benefits (including by making (including a final internal adverse pursue remedies under section 502(a) of payment on the claim) pursuant to the benefit determination) by a plan or ERISA under such circumstances, the final external review decision without issuer that involves medical judgment claim or appeal is deemed denied on delay, regardless of whether the plan or (including, but not limited to, those review without the exercise of issuer intends to seek judicial review of based on the plan’s or issuer’s discretion by an appropriate fiduciary. the external review decision and unless requirements for medical necessity, (2) Notwithstanding paragraph or until there is a judicial decision appropriateness, health care setting, (b)(2)(ii)(F)(1) of this section, the otherwise. level of care, or effectiveness of a covered benefit; or its determination internal claims and appeals process of * * * * * this paragraph (b) will not be deemed (3) Transition period for external that a treatment is experimental or exhausted based on de minimis review processes. (i) Through December investigational), as determined by the violations that do not cause, and are not 31, 2011, an applicable State external external reviewer; and (B) A rescission of coverage (whether likely to cause, prejudice or harm to the review process applicable to a health or not the rescission has any effect on claimant so long as the plan or issuer insurance issuer or group health plan is any particular benefit at that time). demonstrates that the violation was for considered to meet the requirements of (iii) Examples. This rules of paragraph good cause or due to matters beyond the PHS Act section 2719(b). Accordingly, (d)(1)(ii) of this section are illustrated by control of the plan or issuer and that the through December 31, 2011, an the following examples: violation occurred in the context of an applicable State external review process ongoing, good faith exchange of will be considered binding on the issuer Example 1. (i) Facts. A group health plan information between the plan and the or plan (in lieu of the requirements of provides coverage for 30 physical therapy visits generally. After the 30th visit, coverage claimant. This exception is not available the Federal external review process). If is provided only if the service is if the violation is part of a pattern or there is no applicable State external preauthorized pursuant to an approved practice of violations by the plan or review process, the issuer or plan is treatment plan that takes into account issuer. The claimant may request a required to comply with the medical necessity using the plan’s definition written explanation of the violation requirements of the Federal external of the term. Individual A seeks coverage for from the plan or issuer, and the plan or review process in paragraph (d) of this a 31st physical therapy visit. A’s health care issuer must provide such explanation section. provider submits a treatment plan for within 10 days, including a specific approval, but it is not approved by the plan, (ii) For final internal adverse benefit so coverage for the 31st visit is not description of its bases, if any, for determinations (or, in the case of preauthorized. With respect to the 31st visit, asserting that the violation should not simultaneous internal appeal and A receives a notice of final internal adverse cause the internal claims and appeals external review, adverse benefit benefit determination stating that the process of this paragraph (b) to be determinations) provided on or after maximum visit limit is exceeded. deemed exhausted. If an external January 1, 2012, the Federal external (ii) Conclusion. In this Example 1, the reviewer or a court rejects the claimant’s review process will apply unless the plan’s denial of benefits is based on medical request for immediate review under Department of Health and Human necessity and involves medical judgment. paragraph (b)(2)(ii)(F)(1) of this section Accordingly, the claim is eligible for external Services determines that a State law review during the suspension period under on the basis that the plan met the meets all the minimum standards of paragraph (d)(1)(ii) of this section. Moreover, standards for the exception under this paragraph (c)(2) of this section. the plan’s notification of final internal paragraph (b)(2)(ii)(F)(2), the claimant (d) * * * adverse benefit determination is inadequate has the right to resubmit and pursue the (1) Scope—(i) In general. Subject to under paragraphs (b)(2)(i) and (b)(2)(ii)(E)(3) internal appeal of the claim. In such a the suspension provision in paragraph of this section because it fails to make clear case, within a reasonable time after the (d)(1)(ii) of this section and except to that the plan will pay for more than 30 visits external reviewer or court rejects the the extent provided otherwise by the if the service is preauthorized pursuant to an claim for immediate review (not to Secretary in guidance, the Federal approved treatment plan that takes into account medical necessity using the plan’s exceed 10 days), the plan shall provide external review process established definition of the term. Accordingly, the the claimant with notice of the pursuant to this paragraph (d) applies to notice of final internal adverse benefit opportunity to resubmit and pursue the any adverse benefit determination or determination should refer to the plan internal appeal of the claim. Time final internal adverse benefit provision governing the 31st visit and should

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describe the plan’s standard for medical (2) * * * applicable non-English languages necessity, as well as how the treatment fails (iv) These standards will provide that described in paragraph (e)(3) of this to meet the plan’s standard. an external review decision is binding section. Example 2. (i) Facts. A group health plan on the plan or issuer, as well as the (2) Requirements—(i) The plan or does not provide coverage for services claimant, except to the extent other provided out of network, unless the service issuer must provide oral language cannot effectively be provided in network. remedies are available under State or services (such as a telephone customer Individual B seeks coverage for a specialized Federal law, and except that the assistance hotline) that include medical procedure from an out-of-network requirement that the decision be answering questions in any applicable provider because B believes that the binding shall not preclude the plan or non-English language and providing procedure cannot be effectively provided in issuer from making payment on the assistance with filing claims and network. B receives a notice of final internal claim or otherwise providing benefits at appeals (including external review) in adverse benefit determination stating that the any time, including after a final external any applicable non-English language; claim is denied because the provider is out- review decision that denies the claim or of-network. (ii) The plan or issuer must provide, (ii) Conclusion. In this Example 2, the otherwise fails to require such payment upon request, a notice in any applicable plan’s denial of benefits is based on whether or benefits. For this purpose, the plan or non-English language; and issuer must provide any benefits a service can effectively be provided in (iii) The plan or issuer must include (including by making payment on the network and, therefore, involves medical in the English versions of all notices, a judgment. Accordingly, the claim is eligible claim) pursuant to the final external statement prominently displayed in any for external review during the suspension review decision without delay, applicable non-English language clearly period under paragraph (d)(1)(ii) of this regardless of whether the plan or issuer indicating how to access the language section. Moreover, the plan’s notice of final intends to seek judicial review of the internal adverse benefit determination is services provided by the plan or issuer. inadequate under paragraphs (b)(2)(i) and external review decision and unless or until there is a judicial decision (3) Applicable non-English language. (b)(2)(ii)(E)(3) of this section because the plan With respect to an address in any does provide benefits for services on an out- otherwise. United States county to which a notice of-network basis if the services cannot * * * * * is sent, a non-English language is an effectively be provided in network. (e) Form and manner of notice—(1) In applicable non-English language if ten Accordingly, the notice of final internal general. For purposes of this section, a percent or more of the population adverse benefit determination is required to group health plan and a health refer to the exception to the out-of-network residing in the county is literate only in insurance issuer offering group or exclusion and should describe the plan’s the same non-English language, as individual health insurance coverage standards for determining effectiveness of determined in guidance published by are considered to provide relevant services, as well as how services available to the Secretary. the claimant within the plan’s network meet notices in a culturally and linguistically the plan’s standard for effectiveness of appropriate manner if the plan or issuer * * * * * services. meets all the requirements of paragraph [FR Doc. 2011–15890 Filed 6–22–11; 4:15 pm] * * * * * (e)(2) of this section with respect to the BILLING CODE 4830–01–P

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Part IV

The President

Notice of June 23, 2011—Continuation of the National Emergency With Respect to North Korea Notice of June 23, 2011—Continuation of the National Emergency With Respect to the Western Balkans

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Federal Register Presidential Documents Vol. 76, No. 122

Friday, June 24, 2011

Title 3— Notice of June 23, 2011

The President Continuation of the National Emergency With Respect to North Korea

On June 26, 2008, by Executive Order 13466, the President declared a national emergency pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States con- stituted by the existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula. The President also found that it was necessary to maintain certain restrictions with respect to North Korea that would otherwise have been lifted pursuant to Proclamation 8271 of June 26, 2008, which terminated the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1–44) with respect to North Korea. On August 30, 2010, I signed Executive Order 13551, which expanded the scope of the national emergency declared in Executive Order 13466 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the continued actions and policies of the Government of North Korea. On April 18, 2011, I signed Executive Order 13570 to take additional steps to address the national emergency declared in Executive Order 13466, and expanded in Executive Order 13551, to ensure the implementation of the import restrictions contained in United Nations Security Council Resolutions 1718 and 1874 and complement the import restrictions provided for in the Arms Export Control Act. Because the existence and the risk of proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Govern- ment of North Korea continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency declared in Executive Order 13466, expanded in scope in Executive Order 13551, and addressed further in Executive Order 13570, and the measures taken to deal with that national emergency, must continue in effect beyond June 26, 2011. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13466.

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This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, June 23, 2011. [FR Doc. 2011–16100 Filed 6–23–11; 11:15 am] Billing code 3195–W1–P

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Notice of June 23, 2011

Continuation of the National Emergency With Respect To the Western Balkans

On June 26, 2001, by Executive Order 13219, the President declared a national emergency with respect to the Western Balkans, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706), to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting (i) extremist violence in the Republic of Macedonia and elsewhere in the Western Balkans region, or (ii) acts obstructing implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. The President subsequently amended that order in Executive Order 13304 of May 28, 2003. Because the actions of persons threatening the peace and international sta- bilization efforts in the Western Balkans continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on June 26, 2001, and the measures adopted on that date and thereafter to deal with that emergency, must continue in effect beyond June 26, 2011. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Western Balkans. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, June 23, 2011. [FR Doc. 2011–16103 Filed 6–23–11; 11:15 am] Billing code 3195–W1–P

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Reader Aids Federal Register Vol. 76, No. 122 Friday, June 24, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE Federal Register/Code of Federal Regulations General Information, indexes and other finding 202–741–6000 At the end of each month the Office of the Federal Register aids publishes separately a List of CFR Sections Affected (LSA), which Laws 741–6000 lists parts and sections affected by documents published since Presidential Documents the revision date of each title. 6 CFR 741–6000 Executive orders and proclamations 2 CFR Proposed Rules: The United States Government Manual 741–6000 Ch. I ...... 32331 780...... 34143 5...... 34177, 34616 Other Services 782...... 34573 Electronic and on-line services (voice) 741–6020 Proposed Rules: 7 CFR Privacy Act Compilation 741–6064 Ch. XI...... 32330 51...... 31787 Public Laws Update Service (numbers, dates, etc.) 741–6043 Ch. XVIII ...... 31884 TTY for the deaf-and-hard-of-hearing 741–6086 201...... 31790 Ch. XXIV...... 31884 210...... 34542, 35301 Ch. XXVII...... 34003 215...... 34542 ELECTRONIC RESEARCH 220...... 34542 World Wide Web 3 CFR 225...... 34542 Full text of the daily Federal Register, CFR and other publications Proclamations: 226...... 34542 is located at: www.fdsys.gov. 8683...... 32065 246...... 35095 Federal Register information and research tools, including Public 8684...... 32851 457...... 32067 Inspection List, indexes, and links to GPO Access are located at: 8685...... 32853 932...... 35957 www.ofr.gov. 8686...... 32855 953...... 33967 E-mail 8687...... 32857 985...... 33969 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8688...... 33119 1206...... 36281 an open e-mail service that provides subscribers with a digital 8689...... 35089 1728...... 36961 form of the Federal Register Table of Contents. The digital form 8690...... 36855 1755...... 36961 of the Federal Register Table of Contents includes HTML and Executive Orders: 3430...... 35318, 35319 PDF links to the full text of each document. 13575...... 34841 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 13576...... 35297 36...... 31887 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13577...... 35715 205...... 31495, 34180 (or change settings); then follow the instructions. Administrative Orders: 271...... 35787 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 273...... 35787 service that notifies subscribers of recently enacted laws. Memorandum of May 281...... 35787 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 31, 2011 ...... 33117 916...... 31888 and select Join or leave the list (or change settings); then follow Memorandum of June 917...... 31888 the instructions. 6, 2011 ...... 33613 958...... 35997 FEDREGTOC-L and PENS are mailing lists only. We cannot Notice of June 14, 983...... 34181 respond to specific inquiries. 2011 ...... 35093 987...... 34618 Reference questions. Send questions and comments about the Notice of June 17, 1170...... 34004 Federal Register system to: [email protected] 2011 ...... 35955 1205...... 32088 3434...... 34187 The Federal Register staff cannot interpret specific documents or Notice of June 23, regulations. 2011 ...... 37237 Notice of June 23, 8 CFR Reminders. Effective January 1, 2009, the Reminders, including 2011 ...... 37239 Rules Going Into Effect and Comments Due Next Week, no longer 214...... 33970 Presidential appear in the Reader Aids section of the Federal Register. This Proposed Rules: Determinations: information can be found online at http://www.regulations.gov. Ch. I ...... 32331 No. 2011-10 of June 3, CFR Checklist. Effective January 1, 2009, the CFR Checklist no Ch. V...... 34003 2011 ...... 35713 longer appears in the Federal Register. This information can be No. 2011-11 of June 8, 9 CFR found online at http://bookstore.gpo.gov/. 2011 ...... 35719 307...... 33974 381...... 33974 FEDERAL REGISTER PAGES AND DATE, JUNE 5 CFR 590...... 33974 31451–31784...... 1 36281–36856...... 22 531...... 32859 Proposed Rules: 31785–32064...... 2 36857–36960...... 23 532...... 31785 92...... 31499 32065–32312...... 3 36961–37240...... 24 890...... 36857 93...... 31499 32313–32850...... 6 Ch. LXX ...... 35957 94...... 31499 32851–33120...... 7 Proposed Rules: 96...... 31499 33121–33612...... 8 Ch. I ...... 31886 98...... 31499 33613–33966...... 9 532...... 31885 33967–34142...... 10 Ch. VII...... 32088 10 CFR 34143–34572...... 13 Ch. XXVI...... 32330 20...... 35512 34573–34844...... 14 Ch. XXVIII...... 34003 30...... 35512 34845–35094...... 15 Ch. XXXV ...... 31886 40...... 35512 35095–35300...... 16 Ch. XLII...... 34177 50...... 35512, 36232 35301–35712...... 17 Ch. XLV ...... 32330 70...... 35512 35713–35956...... 20 Ch. LIX...... 31884 72...... 33121, 35512 35957–36280...... 21 Ch. LXV ...... 31884 170...... 36780

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171...... 36780 31803, 33982, 33984, 33986, 230...... 31518, 34920 Ch. IV...... 31884 217...... 33615 33988, 33991, 35327, 35330, 232...... 33420 Ch. V...... 31884 430...... 31750 35334, 35336, 35340, 35342, 239...... 31518 Ch. VI...... 31884 431...... 31795, 33631 35344 35346, 36283, 36980, 240 ...... 32880, 33420, 34920 Ch. VIII...... 31884 Proposed Rules: 36981 246...... 34010 Ch. IX...... 31884 30...... 36386 71 ...... 31821, 31822, 34576, 249...... 33420 Ch. X...... 31884 35...... 33173 35097, 35966, 35967, 36285, 249b...... 33420 Ch. XII...... 31884 36286 260...... 34920 40...... 31507 25 CFR 50...... 32878, 34007 73...... 36871 72...... 35137 77...... 36983 18 CFR Proposed Rules: 73...... 35137 91...... 31823 Proposed Rules: Ch. I ...... 33180 150...... 31507 93...... 34576 Ch. I ...... 36400 Ch. III ...... 33181 430...... 34914 95...... 33136 Ch. V...... 32330 97...... 35098, 35101 19 CFR 431...... 34192 26 CFR 121...... 35103 122...... 31823 11 CFR 135...... 35103 1 ...... 33994, 33997, 36993, Proposed Rules: 417...... 33139 36995, 36996 Proposed Rules: Ch. I ...... 32331 109...... 36000 Proposed Rules: 31...... 32864 114...... 36001 21...... 36001 20 CFR 54...... 36996, 37208 36...... 36001 Proposed Rules: Proposed Rules: 12 CFR 39 ...... 31508, 32103, 33173, 1 ...... 31543, 32880, 32882, Ch. III ...... 31892 202...... 31451 33176, 33658, 33660, 34011, 34017, 34019, 37034 Ch. IV...... 34177 213...... 35721 34014, 34625, 34918, 36011, 31...... 32885 Ch. V...... 34177 225...... 35959 36387, 36390, 36392, 36395, 54...... 37037 Ch. VI...... 34177 226...... 35722, 35723 36398 301...... 31543 Ch. VII...... 34177 309...... 35963 65...... 36888 405...... 36178 Ch. IX...... 34177 310...... 35963 71 ...... 31510, 32879, 34196, 406...... 36178 651...... 35966 34627, 35362, 35363, 35369, 21 CFR 27 CFR 652...... 35966 35370, 35371, 35799, 36014, 5...... 31468 Proposed Rules: 701...... 36976 36017, 37034 10...... 31468 Ch. II ...... 34003 750...... 36979 91...... 36890 14...... 31468 914...... 33121 119...... 36888 19...... 31468 28 CFR 1229...... 35724 121...... 36888 20...... 31468 Proposed Rules: 1235...... 33121 135...... 36888 21...... 31468 Ch. I ...... 34003 1237...... 35724 139...... 32105 50...... 36989 104...... 36027 1732...... 33121 142...... 36888 201...... 35620, 35665 III...... 34003 Proposed Rules: 217...... 31511 310...... 35620, 35665 V ...... 34003 4...... 32332, 37029 241...... 31511 312...... 32863 VI ...... 34003 5...... 32332, 37029 298...... 31511 314...... 31468 7...... 32332, 37029 382...... 32107 29 CFR 320...... 32863 8...... 32332, 37029 Ch. V...... 31884 333...... 36307 1910...... 33590 28...... 32332, 37029 350...... 31468 1915...... 33590 34...... 32332, 37029 15 CFR 516...... 31468 1917...... 33590 43...... 34010 732...... 35276 814...... 31468 1918...... 33590 45...... 37029 734...... 36986 874...... 34845 1919...... 33590 202...... 36885 738...... 35276 882...... 36993 1926...... 33590 225...... 35351 740 ...... 34577, 35276, 36986 1141...... 36628 1928...... 33590 237...... 37029 743 ...... 34577, 35276, 36986 1310...... 31824 2590...... 37208 244...... 34010 774 ...... 34577, 35276, 36986 4001...... 34590 Proposed Rules: 324...... 37029 4022...... 34590, 34847 16 CFR Ch. I ...... 32330 373...... 34010 4044...... 34590, 34847 Ch. II ...... 34003 624...... 37029 259...... 31467 Proposed Rules: 652...... 35138 Proposed Rules: 201...... 35672, 35678 310...... 35678 Ch. II ...... 34177 703...... 37030 309...... 31513 Ch. IV...... 34177 Ch. XVII ...... 31884 1460...... 33179 352...... 35669 573...... 32332 Ch. V...... 34177 1221...... 37029 Ch. VII...... 34177 17 CFR 600...... 36019 1234...... 34010 101...... 36812 610...... 36019 1236...... 35791 200...... 35348 102...... 36812 680...... 36019 240 ...... 34300, 34579, 36287 103...... 36812 13 CFR 249...... 34300 22 CFR 1602...... 31892 124...... 33980 Proposed Rules: 1904...... 36414 Proposed Rules: 1 ...... 32880, 33066, 35372 62...... 33993 Ch. XXV...... 34177 Chapter 1...... 36887 5...... 33066 208...... 34143 2550...... 31544 7...... 33066 210...... 34573 14 CFR 8...... 33066 30 CFR 23 CFR 1...... 34576 15...... 33066 75...... 35968 23...... 33129 18...... 33066 Proposed Rules: 950...... 34816 25 ...... 31451, 31453, 31454, 21...... 33066 627...... 36410 Proposed Rules: 31456, 33129, 35324, 35736, 22 ...... 31518, 33818, 35141 24 CFR Ch. I ...... 34177 36851, 36863, 36864, 36865, 36...... 33066 75...... 35801 36870 41...... 33066 30...... 36850 104...... 35801 27...... 33129 140...... 33066 Proposed Rules: 906...... 36039 29...... 33129 145...... 33066 Ch. I ...... 31884 950...... 36040 33...... 33981 155...... 33066 Ch. II ...... 31884 39 ...... 31457, 31459, 31462, 166...... 33066 267...... 34010 31 CFR 31465, 31796, 31798, 31800, 190 ...... 31518, 33818, 35141 Ch. III ...... 31884 10...... 32286

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500...... 35739 37 CFR 438...... 32816 252 ...... 32840, 32841, 33166, 505...... 35739 201...... 32316 447...... 32816 36883 510...... 35740 Proposed Rules: 539...... 34886 545...... 31470 38 CFR Ch. I ...... 32330 552...... 34886 1010...... 37000 17...... 37202 5...... 31546 1602...... 36857 Proposed Rules: 18...... 33999 81...... 36891 1615...... 36857 Ch. IX...... 34003 21...... 33999 84...... 33188 1632...... 36857 401...... 33566 1652...... 36857 32 CFR Proposed Rules: 17...... 35162 412...... 34633 Proposed Rules: 706...... 32865 413...... 34633 Ch. 1...... 32133, 32330 Proposed Rules: 39 CFR 414...... 31547, 32410 2...... 32330 Ch. I ...... 32330 111...... 34871 476...... 34633 8...... 34634 Ch. V...... 32330 952...... 36320 485...... 35684 9...... 34634 Ch. VI...... 32330 Ch. V...... 32330 17...... 31886 Ch. VII...... 32330 40 CFR 21...... 31886 44 CFR Ch. XII...... 32330 52 ...... 31856, 31858, 32321, 52...... 32330, 34634 33647, 33650, 33651, 34000, 64...... 34611, 36369 54...... 32330 33 CFR 34608, 34872, 36326, 36329, 65...... 35753 203...... 32846 1...... 31831 36873, 36875 67 ...... 35111, 35119, 36373 204...... 32846 27...... 31831 63...... 35744 Proposed Rules: 252...... 32845, 32846 96...... 31831 98...... 36339 Ch. I ...... 32331 Ch. 5 ...... 32088 100 ...... 32313, 34606, 36308, 141...... 37014 67 ...... 32896, 36044, 36482 Ch. 16 ...... 31886 36311, 37000 180 ...... 31471, 31479, 31485, Ch. 18 ...... 31884 45 CFR 101...... 31831 34877, 34883, 36342, 36349, Ch. 24 ...... 31884 107...... 31831 36356 147...... 37208 Ch. 28 ...... 34003 110...... 35742 262...... 36363 Proposed Rules: Ch. 29 ...... 34177 115...... 31831 268...... 34147 Ch. II ...... 32330 Ch. 61 ...... 32088 117 ...... 31831, 31838, 34848, 271 ...... 34147, 36879, 37021 Ch. III ...... 32330 35349, 35978, 37001, 37002 300...... 32081 Ch. IV...... 32330 49 CFR 135...... 31831 Proposed Rules: Ch. V...... 34003 140...... 31831 Ch. I ...... 35383 Ch. VIII...... 31886 171...... 32867 148...... 31831 51...... 36450 Ch. X...... 32330 177...... 32867 150...... 31831 52 ...... 31898, 31900, 32110, Ch. XIII...... 32330 192...... 35130 151...... 31831 32113, 32333, 33181, 33662, 195...... 35130 46 CFR 160...... 31831 34020, 34021, 34630, 34935, 213...... 34890 161...... 31831 35167, 35380, 36468, 36471, 45...... 32323 383...... 32327 162...... 31831 37044 Proposed Rules: 390...... 32327 164...... 31831 63...... 35806 Ch. I ...... 32331 572...... 31860 165 ...... 31839, 31843, 31846, 81...... 36042 Ch. III ...... 32331 595...... 37025 31848, 31851, 31853, 32069, 86...... 32886 10...... 35169 Proposed Rules: 32071, 32313, 33151, 33154, 98...... 36472 12...... 35173 390...... 32906 33155, 33157, 33639, 33641, 171...... 37045 515...... 34945 391...... 34635 33643, 33646, 34145, 34852, 174...... 33183, 36479 396...... 32906 47 CFR 34854, 34855, 34859, 34862, 180 ...... 33184, 34937, 36479 541...... 36486 34867, 34869, 35104, 35106, 262...... 36480 1...... 32866 Ch. XII...... 32331 35742, 36314, 36316, 36318, 268...... 34200 2...... 33653 37002, 37005, 37007, 37009, 271...... 34200, 37048 73...... 33656, 36384 37012 300...... 32115 80...... 33653 50 CFR 166...... 31831 Ch. IV...... 34003 90...... 33653 17 ...... 31866, 33036, 35349, 167...... 31831 Ch. VII...... 32330 Proposed Rules: 35979 169...... 31831 1...... 37049 217...... 34157, 35995 175...... 33160 41 CFR 2...... 37049 223...... 35755 183...... 33160 302-16...... 35110 4...... 33686, 36892 300...... 34890 Proposed Rules: Proposed Rules: 11...... 35810 600...... 34892 Ch. I ...... 32331 Ch. 50 ...... 34177 15...... 35176 622...... 31874, 34892 100...... 35802, 36438 Ch. 60 ...... 34177 22...... 37049 635...... 32086 110...... 34197 Ch. 61 ...... 34177 24...... 37049 648 ...... 31491, 32873, 34903 117...... 37039, 37041 Ch. 101 ...... 32088 27...... 32901, 37049 660...... 32876, 34910 165 ...... 31895, 36438, 36447 Ch. 102 ...... 32088 73 ...... 32116, 35831, 37049 679...... 31881, 33171 167...... 35805 102-34...... 31545 74...... 35181 680...... 35772, 35781 175...... 35378 Ch. 105 ...... 32088 76...... 32116 Proposed Rules: 183...... 35378 Ch. 128 ...... 34003 78...... 35181 17 ...... 31686, 31903, 31906, Ch. II ...... 32330 60-250...... 36482 90...... 37049 31920, 32911, 33880, 33924, 334...... 35379 60-300...... 36482 95...... 37049 36049, 36053, 36068, 36491, 301-11...... 32340 101...... 35181 36493 34 CFR 302-2...... 32340 20...... 36508 Ch. II ...... 32073 302-3...... 32340 48 CFR 223 ...... 31556, 34023, 37050 222...... 31855 302-17...... 32340 203...... 32840 224...... 31556 668...... 34386 211...... 33166 226...... 32026 42 CFR 212...... 33170 635...... 36071, 36892 36 CFR 100...... 36367 225 ...... 32841, 32843, 36883 648 ...... 34947, 35578, 36511 Proposed Rules: 412...... 32085 242...... 36883 660...... 33189 Ch. III ...... 32330 434...... 32816 246...... 33166 665...... 32929

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