Federal Register

Vol. 77 Thursday, No. 159 August 16, 2012

Pages 49345–49700

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 77, No. 159

Thursday, August 16, 2012

Agricultural Research Service Education Department NOTICES NOTICES Intents to Grant Exclusive Licenses, 49409 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agriculture Department Secretary’s Recognition of Accrediting Agencies, 49440– See Agricultural Research Service 49441 See Animal and Plant Health Inspection Service Applications for New Awards: See Forest Service Race to the Top – District, 49654–49677 Meetings: Equity and Excellence Commission, 49441 Animal and Plant Health Inspection Service NOTICES Employment and Training Administration Environmental Assessments; Availability: NOTICES Oral Rabies Vaccine Trial, 49409–49410 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 49459–49462 Coast Guard RULES Energy Department Safety Zones: See Energy Efficiency and Renewable Energy Office Chicago Air and Water Show, Lake Michigan, Chicago, NOTICES IL, 49349–49351 Charter Renewals: Port Huron Float-Down, St. Clair River, Port Huron, MI, Electricity Advisory Committee, 49441–49442 49351–49353 Meetings: PROPOSED RULES Environmental Management Site-Specific Advisory Safety Zones: Board, Nevada, 49442 Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Environmental Management Site-Specific Advisory Point, OH, 49401–49404 Board, Oak Ridge Reservation, 49442–49443 Energy Efficiency and Renewable Energy Office Commerce Department See National Oceanic and Atmospheric Administration NOTICES Approval of Waiver from Residential Refrigerator and See Patent and Trademark Office NOTICES Refrigerator–Freezer Test Procedures: Agency Information Collection Activities; Proposals, Sanyo E and E Corp., 49443–49444 Submissions, and Approvals, 49411 Environmental Protection Agency RULES Commodity Futures Trading Commission Oil and Natural Gas Sector: NOTICES New Source Performance Standards and National Agency Information Collection Activities; Proposals, Emission Standards for Hazardous Air Pollutants Submissions, and Approvals: Reviews, 49490–49600 Further Definition of Swap, Security-Based Swap, and PROPOSED RULES Security-Based Swap Agreement, etc., 49428–49430 Approvals and Promulgations of Air Quality Implementation Plans: Comptroller of the Currency Vermont; Prevention of Significant Deterioration; NOTICES Greenhouse Gas Permitting Authority and Tailoring Agency Information Collection Activities; Proposals, Rule, 49404–49408 Submissions, and Approvals, 49485–49488 Executive Office of the President Defense Department See Presidential Documents See Trade Representative, Office of United States NOTICES Arms Sales, 49430–49438 Federal Aviation Administration Establishment of Department of Defense Federal Advisory PROPOSED RULES Committee, 49438–49439 Airworthiness Directives: Meetings: Airbus Airplanes, 49386–49389 Defense Acquisition University Board of Visitors, 49439 Bombardier, Inc. Airplanes, 49394–49396 National Security Education Board, 49439–49440 Revo, Incorporated Airplanes, 49389–49394 Strategic Environmental Research and Development The Boeing Company Airplanes, 49396–49399 Program, Scientific Advisory Board, 49439 Amendment of Class E Airspace: Performance Review Board; Membership, 49440 Forest City, IA, 49399–49400 Marysville, OH, 49400–49401 Department of Transportation NOTICES See Pipeline and Hazardous Materials Safety Waivers of Aeronautical Land-Use Assurance: Administration Sidney Municipal Airport, Sidney, OH, 49478–49479

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Springfield–Beckley Municipal Airport, Springfield, OH, Indian Affairs Bureau 49479–49483 NOTICES Reservation Proclamations: Federal Deposit Insurance Corporation Certain Lands as Addition to and Becoming Part of NOTICES Laguna Reservation for Pueblo of Laguna, NM, Agency Information Collection Activities; Proposals, 49455–49457 Submissions, and Approvals, 49444–49445 Interior Department Federal Emergency Management Agency See Fish and Wildlife Service RULES See Indian Affairs Bureau Final Flood Elevation Determinations, 49360–49384 International Boundary and Water Commission, United Federal Maritime Commission States and Mexico NOTICES NOTICES Ocean Transportation Intermediary Licenses; Applicants, Environmental Assessments; Availability, etc.: 49445–49446 Non-Native Plant Control and Re–establishment of Ocean Transportation Intermediary Licenses; Reissuances, Riparian Habitats along Rio Grande, NM, 49457– 49446 49458 Ocean Transportation Intermediary Licenses; Revocations, 49446 International Trade Commission NOTICES Federal Motor Carrier Safety Administration Investigations: RULES Certain Mobile Electronic Devices Incorporating Haptics, Timeliness of New Entrant Corrective Action Submissions; 49458–49459 Policy, 49384–49385 Justice Department Fish and Wildlife Service NOTICES PROPOSED RULES Consent Decrees Lodged under CERCLA, 49459 Endangered and Threatened Wildlife and Plants: Endangered Status for Six West Texas Aquatic Labor Department Invertebrate Species and Designation of Critical See Employment and Training Administration Habitat, 49602–49651 Migratory Bird Hunting: Mexico and United States, International Boundary and Hunting on Certain Federal Indian Reservations and Water Commission Ceded Lands for 2012–13 Season, 49680–49696 See International Boundary and Water Commission, United NOTICES States and Mexico Endangered Species Permit Applications, 49453–49455

Food and Drug Administration National Institutes of Health NOTICES NOTICES Meetings: Meetings: Endocrinologic and Metabolic Drugs Advisory Center for Scientific Review, 49451 Committee, 49447 National Cancer Institute, 49450–49451 Endpoints for Clinical Trials in Kidney Transplantation, 49447–49448 National Oceanic and Atmospheric Administration Gastrointestinal Drugs Advisory Committee, 49446–49447 NOTICES Public Workshops: Takes of Marine Mammals Incidental to Specified Clinical Trial Requirements, Regulations, Compliance, Activities: and Good Clinical Practice, 49448–49450 Navy Research, Development, Test and Evaluation Design of Clinical Trials of Antibacterial Drugs for the Activities at Naval Surface Warfare Center Panama Treatment of Non-Cystic Fibrosis Bronchiectasis, City Division, 49412–49425 49450 National Science Foundation Forest Service NOTICES NOTICES Meetings; Sunshine Act, 49462–49463 Meetings: Chequamegon Resource Advisory Committee, 49410 Nuclear Regulatory Commission Kisatchie Resource Advisory Committee, 49410–49411 NOTICES Facility Operating Licenses; Amendment Aplications: Health and Human Services Department Southern California Edison, 49463–49472 See Food and Drug Administration See National Institutes of Health Office of United States Trade Representative See Trade Representative, Office of United States Homeland Security Department See Coast Guard Overseas Private Investment Corporation See Federal Emergency Management Agency NOTICES See U.S. Citizenship and Immigration Services Meetings; Sunshine Act, 49472–49473

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Patent and Trademark Office Transportation Department RULES See Federal Aviation Administration Revision of Patent Term Adjustment Provisions Relating to See Federal Motor Carrier Safety Administration Appellate Review, 49354–49360 See Pipeline and Hazardous Materials Safety NOTICES Administration First Filing Deadline for Affidavits or Declarations of Use or NOTICES Excusable Nonuse; Amendments, 49425–49426 Applications for Certificates of Public Convenience and Inquiry Regarding Adjustment of Fees for Trademark Necessity and Foreign Air Carrier Permits, 49478 Applications, 49426–49427 Meetings: Treasury Department First Inventor to File Provisions of the Leahy–Smith See Comptroller of the Currency America Invents Act, 49427–49428 U.S. Citizenship and Immigration Services Pipeline and Hazardous Materials Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Actions on Special Permit Applications, 49483–49484 Submissions, and Approvals: Delays in Processing of Special Permit Applications, Application for Employment Authorization, 49453 49484–49485 Consideration of Deferred Action for Childhood Arrivals, 49451–49452 Postal Regulatory Commission NOTICES Veterans Affairs Department New Postal Products, 49473–49474 NOTICES Meetings: Postal Service Advisory Committee on Women Veterans, 49488 NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 49474–49475 Separate Parts In This Issue

Presidential Documents Part II EXECUTIVE ORDERS Environmental Protection Agency, 49490–49600 Women and Girls, Violence Against; Global Response and Prevention Efforts (EO 13623), 49345–49348 Part III ADMINISTRATIVE ORDERS Interior Department, Fish and Wildlife Service, 49602– Export Control Regulations; Continuation of Emergency 49651 (Notice of August 15, 2012), 49697–49699 Part IV Securities and Exchange Commission Education Department, 49654–49677 NOTICES Agency Information Collection Activities; Proposals, Part V Submissions, and Approvals, 49475–49476 Interior Department, Fish and Wildlife Service, 49680– 49696 State Department NOTICES Part VI Proposed New International Trade Crossing Presidential Presidential Documents, 49697–49699 Permit Application, 49476

Trade Representative, Office of United States Reader Aids NOTICES Generalized System of Preferences: Consult the Reader Aids section at the end of this page for Change in Hearing Date, Related Deadlines for Country phone numbers, online resources, finding aids, reminders, Practice Petitions Accepted as Part of the 2011 and notice of recently enacted public laws. Annual GSP Review, 49476–49477 To subscribe to the Federal Register Table of Contents WTO Dispute Settlement Proceedings: LISTSERV electronic mailing list, go to http:// United States B Countervailing Measures on Certain Hot- listserv.access.gpo.gov and select Online mailing list Rolled Carbon Steel Flat Products from India, 49477– archives, FEDREGTOC-L, Join or leave the list (or change 49478 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13623...... 49345 Administrative Orders: Notices: Notice of August 15, 2012 ...... 49699 14 CFR Proposed Rules: 39 (4 documents) ...... 49386, 49389, 49394, 49396 71 (2 documents) ...... 49399, 49400 33 CFR 165 (2 documents) ...... 49349, 49351 Proposed Rules: 165...... 49401 37 CFR 1...... 49354 40 CFR 60...... 49490 63...... 49490 Proposed Rules: 52...... 49404 44 CFR 67 (4 documents) ...... 49360, 49367, 49373, 49379 49 CFR 385...... 49384 50 CFR Proposed Rules: 17...... 49602 20...... 49680

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Federal Register Presidential Documents Vol. 77, No. 159

Thursday, August 16, 2012

Title 3— Executive Order 13623 of August 10, 2012

The President Preventing and Responding to Violence Against Women and Girls Globally

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. (a) Recognizing that gender-based violence undermines not only the safety, dignity, and human rights of the millions of individuals who experience it, but also the public health, economic stability, and security of nations, it is the policy and practice of the executive branch of the United States Government to have a multi-year strategy that will more effectively prevent and respond to gender-based violence globally. (b) Under the leadership of my Administration, the United States has made gender equality and women’s empowerment a core focus of our foreign policy. This focus is reflected in our National Security Strategy, the Presi- dential Policy Directive on Global Development, and the 2010 U.S. Quadren- nial Diplomacy and Development Review. Evidence demonstrates that women’s empowerment is critical to building stable, democratic societies; to supporting open and accountable governance; to furthering international peace and security; to growing vibrant market economies; and to addressing pressing health and education challenges. (c) Preventing and responding to gender-based violence is a cornerstone of my Administration’s commitment to advance gender equality and women’s empowerment. Such violence significantly hinders the ability of individuals to fully participate in, and contribute to, their communities—economically, politically, and socially. It is a human rights violation or abuse; a public health challenge; and a barrier to civic, social, political, and economic participation. It is associated with adverse health outcomes, limited access to education, increased costs relating to medical and legal services, lost household productivity, and reduced income, and there is evidence it is exacerbated in times of crisis, such as emergencies, natural disasters, and violent conflicts. (d) The executive branch multi-year strategy for preventing and responding to gender-based violence is set forth in the United States Strategy to Prevent and Respond to Gender-based Violence Globally (Strategy). The Strategy both responds to and expands upon the request in section 7061 of House conference report 112–331 accompanying the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Division I of Public Law 112–74), for the executive branch to develop a multi-year strategy to prevent and respond to violence against women and girls in countries where it is common. Sec. 2. Creating an Interagency Working Group. There is established an Interagency Working Group (Working Group) to address gender-based violence, which shall coordinate implementation of the Strategy by the executive departments and agencies that are members of the Working Group (member agencies) in accordance with the priorities set forth in section 3 of this order. (a) The Working Group shall be co-chaired by the Secretary of State and the Administrator of the United States Agency for International Develop- ment (Co-Chairs). In addition to the Co-Chairs, the Working Group shall consist of representatives from: (i) the Department of the Treasury;

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(ii) the Department of Defense; (iii) the Department of Justice; (iv) the Department of Labor; (v) the Department of Health and Human Services; (vi) the Department of Homeland Security; (vii) the Office of Management and Budget; (viii) the National Security Staff; (ix) the Office of the Vice President; (x) the Peace Corps; (xi) the Millennium Challenge Corporation; (xii) the White House Council on Women and Girls; and (xiii) other executive departments, agencies, and offices, as designated by the Co-Chairs. (b) Within 120 days of the date of this order, the Co-Chairs shall convene the first meeting of the Working Group to: (i) establish benchmarks to implement the Strategy; and (ii) determine a timetable for periodically reviewing those benchmarks. (c) Within 18 months of the date of this order, the Working Group shall complete a progress report for submission to the Co-Chairs evaluating the U.S. Government’s implementation of the Strategy. (d) Within 3 years of the date of this order, the Working Group shall complete a final evaluation for submission to the Co-Chairs of the U.S. Government’s implementation of the Strategy. (e) Within 180 days of completing its final evaluation of the Strategy in accordance with subsection (d) of this section, the Working Group shall update or revise the Strategy to take into account the information learned and the progress made during and through the implementation of the Strat- egy. (f) The activities of the Working Group shall, consistent with law, take due account of existing interagency bodies and coordination mechanisms and will coordinate with such bodies and mechanisms where appropriate in order to avoid duplication of efforts. Sec. 3. Strategy to Prevent and Respond to Gender-based Violence Globally. Member agencies shall implement the Strategy to prevent and respond to gender-based violence globally based on the following priorities reflected in the Strategy: (a) Increasing Coordination of Gender-based Violence Prevention and Re- sponse Efforts Among U.S. Government Agencies and with Other Stake- holders. (i) Member agencies shall draw upon each other’s expertise, responsibility, and capacity to provide a comprehensive and multi-faceted approach to issues relating to gender-based violence. (ii) Member agencies shall deepen engagement and coordination with other governments; international organizations, including multilateral and bilateral actors; the private sector; and civil society organizations, such as representatives of indigenous and marginalized groups, foundations, community-based, faith-based, and regional organizations (including those that serve survivors), labor unions, universities, and research organizations. The Working Group shall consider a range of mechanisms by which these stakeholders may provide input to the U.S. Government on its role in preventing and responding to gender- based violence globally. (b) Enhancing Integration of Gender-based Violence Prevention and Re- sponse Efforts into Existing U.S. Government Work. Member agencies shall more comprehensively integrate gender-based violence prevention and response programming into their foreign policy and foreign assistance efforts. This integration shall also build on current efforts that address gender- based violence, such as the U.S. National Action Plan on Women, Peace, and Security; the Global Health Initiative; the President’s Emergency Plan for AIDS Relief; the U.S. Government’s work to counter trafficking in persons;

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and the U.S. Government’s humanitarian response efforts. The Working Group shall coordinate these different efforts as they relate to gender-based violence to leverage the most effective programs and to avoid duplication. (c) Improving Collection, Analysis, and Use of Data and Research to Enhance Gender-based Violence Prevention and Response Efforts. Member agencies shall work to promote ethical and safe research, data collection, and evidence-based analyses relating to different forms of gender-based violence and prevention and response efforts at the country and local level. This work will include the development of a research agenda that assesses agencies’ research and data collection capabilities, needs, and gaps; builds upon existing data and research; and is coordinated with the work of other organizations that are prioritizing global gender-based violence research. Member agencies shall prioritize the monitoring and evaluation of gender- based violence prevention and response interventions to determine their effectiveness. Member agencies shall systematically identify and share best practices, lessons learned, and research within and across agencies. Member agencies, as appropriate, shall seek to develop public-private partnerships to support U.S. Government research initiatives and strategic planning efforts. (d) Enhancing or Expanding U.S. Government Programming that Addresses Gender-based Violence. Consistent with the availability of appropriations, the U.S. Government shall support programming that provides a comprehensive and multi-sector approach to preventing and responding to gender- based violence; shall consider replicating or expanding successful programs; and shall assess the feasibility of a focused, coordinated, comprehensive, and multi-sector approach to gender-based violence in one or more countries. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are strongly encouraged to comply with this order.

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(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, Washington, August 10, 2012.

[FR Doc. 2012–20259 Filed 8–15–12; 8:45 am] Billing code 3295–F2–P

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Rules and Regulations Federal Register Vol. 77, No. 159

Thursday, August 16, 2012

This section of the FEDERAL REGISTER Lake Michigan; telephone 414–747– acrobatic maneuvers proximate to a contains regulatory documents having general 7148, email gathering of watercraft and personnel applicability and legal effect, most of which [email protected]. If you pose a significant risk to public safety are keyed to and codified in the Code of have questions on viewing or submitting and property. Such hazards include Federal Regulations, which is published under material to the docket, call Renee V. aircraft malfunctions and subsequent 50 titles pursuant to 44 U.S.C. 1510. Wright, Program Manager, Docket crash and falling or burning debris. This The Code of Federal Regulations is sold by Operations, telephone 202–366–9826. temporary rule makes a temporary the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: deviation to the Chicago Air and Water new books are listed in the first FEDERAL Show safety zone, which is established REGISTER issue of each week. Table of Acronyms at 33 CFR 165.929 (64). DHS Department of Homeland Security FR Federal Register C. Discussion of Rule DEPARTMENT OF HOMELAND NPRM Notice of Proposed Rulemaking Changes have been made to the times and dates previously codified for this SECURITY A. Regulatory History and Information event; these changes were necessary to Coast Guard The Coast Guard is issuing this provide the public with the most up to temporary final rule without prior date information as received from the 33 CFR Part 165 notice and opportunity to comment sponsoring organization. With the pursuant to authority under section 4(a) [Docket No. USCG–2012–0773] aforementioned hazards in mind, the of the Administrative Procedure Act Captain of the Port, Sector Lake RIN 1625–AA00 (APA) (5 U.S.C. 553(b)). This provision Michigan, has determined that this authorizes an agency to issue a rule temporary deviation to the times and Safety Zone; Chicago Air and Water without prior notice and opportunity to dates of this safety zone is necessary to Show, Lake Michigan, Chicago, IL comment when the agency for good ensure the safety of spectators and cause finds that those procedures are AGENCY: Coast Guard, DHS. vessels during the air show. This zone ‘‘impracticable, unnecessary, or contrary ACTION: Temporary final rule. will be enforced from 9 a.m. until 6 p.m. to the public interest.’’ Under 5 U.S.C. on the third Thursday, Friday, Saturday, SUMMARY: The Coast Guard is 553(b)(B), the Coast Guard finds that and Sunday of August 2012. The safety establishing a temporary deviation to good cause exists for not publishing a zone will encompass all waters and the Chicago Air and Water Show safety notice of proposed rulemaking (NPRM) adjacent shoreline of Lake Michigan and zone on Lake Michigan near Lincoln with respect to this rule because doing Chicago Harbor bounded by a line Park. This action is necessary to so would be impracticable and contrary drawn from 41°55′54″ N at the accurately reflect the enforcement dates to the public interest. The final details shoreline, then east to 41°55′54″ N, and times for this safety zone due to for this year’s event were not known to 087°37′12″ W, then southeast to changes made in this year’s air show. the Coast Guard until there was 41°54′00″ N, 087°36′00″ W (NAD 83), This safety zone is intended to restrict insufficient time remaining before the then southwestward to the northeast vessels from a portion of Lake Michigan event to publish an NPRM. Thus, corner of the Jardine Water Filtration during the Chicago Air and Water Show. delaying the effective date of this rule to Plant, then due west to the shore. Entry This safety zone is necessary to protect wait for a comment period to run would into, transiting, or anchoring within the spectators and vessels from the hazards be both impracticable and contrary to safety zone is prohibited unless associated with an air show over water. the public interest because it would authorized by the Captain of the Port, inhibit the Coast Guard’s ability to DATES: This rule will be effective from Sector Lake Michigan, or his designated protect spectators and vessels from the August 16, 2012, until August 20, 2012. on-scene representative. The Captain of hazards associated with an air show, the Port or his designated on-scene ADDRESSES: Documents mentioned in which are discussed further below. representative may be contacted via this preamble are part of docket [USCG– Under 5 U.S.C. 553(d)(3), the Coast VHF Channel 16. 2012–0773]. To view documents Guard finds that good cause exists for mentioned in this preamble as being making this rule effective less than 30 D. Regulatory Analyses available in the docket, go to http:// days after publication in the Federal We developed this rule after www.regulations.gov, type the docket Register. For the same reasons considering numerous statutes and number in the ‘‘SEARCH’’ box, and discussed in the preceding paragraph, executive orders related to rulemaking. click ‘‘Search.’’ You may visit the waiting for a 30 day notice period to run Below we summarize our analyses Docket Management Facility, would be impracticable and contrary to based on 13 of these statutes or Department of Transportation, West the public interest. executive orders. Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., B. Basis and Purpose 1. Regulatory Planning and Review Washington, DC 20590, between 9 a.m. Between 9:00 a.m. until 6:00 p.m. on This rule is not a significant and 5 p.m., Monday through Friday, the third Thursday, Friday, Saturday, regulatory action under section 3(f) of except Federal holidays. and Sunday of August 2012, an air show Executive Order 12866, Regulatory FOR FURTHER INFORMATION CONTACT: If will be held over Lake Michigan in Planning and Review, as supplemented you have questions on this temporary Chicago, IL. The Captain of the Port, by Executive Order 13563, Improving rule, call or email MST1 Joseph Sector Lake Michigan, has determined Regulation and Regulatory Review, and McCollum, U.S. Coast Guard Sector that an air show with associated does not require an assessment of

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potential costs and benefits under jurisdiction and you have questions 8. Taking of Private Property section 6(a)(3) of Executive Order 12866 concerning its provisions or options for This rule will not cause a taking of or under section 1 of Executive Order compliance, please contact the person private property or otherwise have 13563. The Office of Management and listed in the FOR FURTHER INFORMATION taking implications under Executive Budget has not reviewed it under those CONTACT section above. Order 12630, Governmental Actions and Orders. It is not ‘‘significant’’ under the Small businesses may send comments Interference with Constitutionally regulatory policies and procedures of on the actions of Federal employees Protected Property Rights. the Department of Homeland Security who enforce, or otherwise determine (DHS). We conclude that this rule is not compliance with, Federal regulations to 9. Civil Justice Reform a significant regulatory action because the Small Business and Agriculture This rule meets applicable standards we anticipate that it will have minimal Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive impact on the economy, will not and the Regional Small Business Order 12988, Civil Justice Reform, to interfere with other agencies, will not Regulatory Fairness Boards. The minimize litigation, eliminate adversely alter the budget of any grant Ombudsman evaluates these actions ambiguity, and reduce burden. or loan recipients, and will not raise any annually and rates each agency’s 10. Protection of Children novel legal or policy issues. The safety responsiveness to small business. If you zone created by this rule will be wish to comment on actions by We have analyzed this rule under relatively small and enforced for a employees of the Coast Guard, call 1– Executive Order 13045, Protection of relatively short time. Also, the safety 888–REG–FAIR (1–888–734–3247). The Children from Environmental Health zone is designed to minimize its impact Coast Guard will not retaliate against Risks and Safety Risks. This rule is not on navigable waters. Furthermore, the small entities that question or complain an economically significant rule and safety zone has been designed to allow about this rule or any policy or action does not create an environmental risk to vessels to transit around it. Thus, of the Coast Guard. health or risk to safety that may restrictions on vessel movement within disproportionately affect children. that particular area are expected to be 4. Collection of Information 11. Indian Tribal Governments minimal. Under certain conditions, This rule will not call for a new moreover, vessels may still transit collection of information under the This rule does not have tribal through the safety zone when permitted Paperwork Reduction Act of 1995 (44 implications under Executive Order by the Captain of the Port. U.S.C. 3501–3520). 13175, Consultation and Coordination with Indian Tribal Governments, 2. Impact on Small Entities 5. Federalism because it does not have a substantial The Regulatory Flexibility Act of 1980 A rule has implications for federalism direct effect on one or more Indian (RFA), 5 U.S.C. 601–612, as amended, tribes, on the relationship between the requires federal agencies to consider the under Executive Order 13132, Federalism, if it has a substantial direct Federal Government and Indian tribes, potential impact of regulations on small or on the distribution of power and entities during rulemaking. The Coast effect on the States, on the relationship between the national government and responsibilities between the Federal Guard certifies under 5 U.S.C. 605(b) Government and Indian tribes. that this rule will not have a significant the States, or on the distribution of economic impact on a substantial power and responsibilities among the 12. Energy Effects number of small entities. various levels of government. We have This action is not a ‘‘significant This rule will affect the following analyzed this rule under that Order and energy action’’ under Executive Order entities, some of which might be small determined that this rule does not have 13211, Actions Concerning Regulations entities: the owners or operators of implications for federalism. That Significantly Affect Energy Supply, vessels intending to transit or anchor in 6. Protest Activities Distribution, or Use. a portion of Lake Michigan, Chicago, IL on the third Thursday, Friday, Saturday, The Coast Guard respects the First 13. Technical Standards and Sunday of August 2012. Amendment rights of protesters. This rule does not use technical This safety zone will not have a Protesters are asked to contact the standards. Therefore, we did not significant economic impact on a person listed in the FOR FURTHER consider the use of voluntary consensus substantial number of small entities for INFORMATION CONTACT section to standards. the following reasons: This safety zone coordinate protest activities so that your 14. Environment would be activated, and thus subject to message can be received without enforcement, for only nine hours on jeopardizing the safety or security of We have analyzed this rule under these days. Traffic may be allowed to people, places or vessels. Department of Homeland Security Management Directive 023–01 and pass through the zone with the 7. Unfunded Mandates Reform Act permission of the Captain of the Port. Commandant Instruction M16475.lD, The Captain of the Port can be reached The Unfunded Mandates Reform Act which guide the Coast Guard in via VHF channel 16. Before the of 1995 (2 U.S.C. 1531–1538) requires complying with the National activation of the zone, we would issue Federal agencies to assess the effects of Environmental Policy Act of 1969 local Broadcast Notice to Mariners. their discretionary regulatory actions. In (NEPA) (42 U.S.C. 4321–4370f), and particular, the Act addresses actions have determined that this action is one 3. Assistance for Small Entities that may result in the expenditure by a of a category of actions that do not Under section 213(a) of the Small State, local, or tribal government, in the individually or cumulatively have a Business Regulatory Enforcement aggregate, or by the private sector of significant effect on the human Fairness Act of 1996 (Pub. L. 104–121), $100,000,000 (adjusted for inflation) or environment. This rule involves the we want to assist small entities in more in any one year. Though this rule establishment of a safety zone and, understanding this rule. If the rule will not result in such an expenditure, therefore it is categorically excluded would affect your small business, we do discuss the effects of this rule from further review under paragraph organization, or governmental elsewhere in this preamble. 34(g) of Figure 2–1 of the Commandant

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Instruction. An environmental analysis of the Port, Sector Lake Michigan to act FOR FURTHER INFORMATION CONTACT: If checklist supporting this determination on his behalf. you have questions on this temporary and a Categorical Exclusion (4) Vessel operators desiring to enter rule, call or email LT Adrian Determination are available in the or operate within the safety zone shall Palomeque, Prevention Department, docket where indicated under contact the Captain of the Port, Sector Sector Detroit, Coast Guard; telephone ADDRESSES. We seek any comments or Lake Michigan or his on-scene (313) 568–9508, email information that may lead to the representative to obtain permission to [email protected]. If you discovery of a significant environmental do so. The Captain of the Port, Sector have questions on viewing the docket, impact from this rule. Lake Michigan or his on-scene call Renee V. Wright, Program Manager, representative may be contacted via Docket Operations, telephone 202–366– List of Subjects in 33 CFR Part 165 VHF Channel 16. Vessel operators given 9826. Harbors, Marine safety, Navigation permission to enter or operate in the SUPPLEMENTARY INFORMATION: (water), Reporting and recordkeeping safety zone must comply with all Table of Acronyms requirements, Security measures, directions given to them by the Captain Waterways. of the Port, Sector Lake Michigan, or his DHS Department of Homeland Security For the reasons discussed in the on-scene representative. FR Federal Register NPRM Notice of Proposed Rulemaking preamble, the Coast Guard amends 33 Dated: August 7, 2012. CFR parts 165 as follows: M.W. Sibley, A. Regulatory History and Information PART 165—REGULATED NAVIGATION Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this AREAS AND LIMITED ACCESS AREAS Port, Sector Lake Michigan. temporary final rule without prior [FR Doc. 2012–20094 Filed 8–15–12; 8:45 am] notice and opportunity to comment ■ 1. The authority citation for Part 165 BILLING CODE 9110–04–P pursuant to authority under section 4(a) continues to read as follows: of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision Authority: 33 U.S.C. 1231; 46 U.S.C. DEPARTMENT OF HOMELAND authorizes an agency to issue a rule Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SECURITY without prior notice and opportunity to Pub. L. 107–295, 116 Stat. 2064; Department comment when the agency for good of Homeland Security Delegation No. 0170.1. Coast Guard cause finds that those procedures are ■ 2. Add § 165.T09–0773 to read as ‘‘impracticable, unnecessary, or contrary 33 CFR Part 165 follows: to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that [Docket No. USCG–2012–0771] § 165.T09–0773 Safety Zone; Chicago Air good cause exists for not publishing a and Water Show, Lake Michigan, Chicago, RIN 1625–AA00 notice of proposed rulemaking (NPRM) IL. with respect to this rule because doing (a) Location. The safety zone will Safety Zone; Port Huron Float-Down, so would be impracticable and contrary encompass all waters and adjacent St. Clair River, Port Huron, MI to the public interest. The final details shoreline of Lake Michigan and Chicago for this year’s event were not known to AGENCY: Coast Guard, DHS. Harbor bounded by a line drawn from the Coast Guard until there was 41°55′54″ N at the shoreline, then east ACTION: Temporary final rule. insufficient time remaining before the to 41°55′54″ N, 087°37′12″ W, then event to publish an NPRM. Thus, SUMMARY: The Coast Guard is southeast to 41°54′00″ N, 087°36′00″ W establishing a temporary safety zone on delaying the effective date of this rule to (NAD 83), then southwestward to the the St. Clair River, Port Huron, MI. This wait for a comment period to run would northeast corner of the Jardine Water zone is intended to restrict vessels from be both impracticable and contrary to Filtration Plant, then due west to the a portion of the St. Clair River during the public interest because it would shore. the Port Huron Float-Down. Though this inhibit the Coast Guard’s ability to (b) Enforcement period. This is an unsanctioned, non-permitted protect the public from the hazards regulation is effective and will be event, this temporary safety zone is associated with this Coast Guard enforced on the third Thursday, Friday, necessary to protect spectators and exercise. Saturday, and Sunday of August 2012 Under 5 U.S.C. 553(d)(3), the Coast vessels from the hazards associated with from 9:00 a.m. until 6:00 p.m. Guard finds that good cause exists for river tubing and Float-Down events. (c) Regulations. (1) In accordance with making this rule effective less than 30 the general regulations in section 165.23 DATES: This rule is effective from 11 days after publication in the Federal of this part, entry into, transiting, or a.m. to 8 p.m. on August 19, 2012. Register. For the same reasons anchoring within this safety zone is ADDRESSES: Documents mentioned in discussed in the preceding paragraph, prohibited unless authorized by the this preamble are part of docket [USCG– waiting for 30 day notice period run Captain of the Port, Sector Lake 2012–0771]. To view documents would be impracticable and contrary to Michigan or his designated on-scene mentioned in this preamble as being the public interest. representative. available in the docket, go to http:// As is discussed further below, the (2) This safety zone is closed to all www.regulations.gov, type the docket Port Huron Float-Down has taken place vessel traffic, except as may be number in the ‘‘SEARCH’’ box, and each of the last three years. During each permitted by the Captain of the Port, click ‘‘Search.’’ You may visit the year’s event, the Float-Down has drawn Sector Lake Michigan or his designated Docket Management Facility, thousands of floaters and spectators. on-scene representative. Department of Transportation, West Because of the high concentration of (3) The ‘‘on-scene representative’’ of Building Ground Floor, Room W12–140, floaters and spectators, the Coast Guard the Captain of the Port, Sector Lake 1200 New Jersey Avenue SE., has previously established a safety zone Michigan is any Coast Guard Washington, DC 20590, between 9 a.m. in the location of the Float-Down to commissioned, warrant or petty officer and 5 p.m., Monday through Friday, better protect the public. For example, who has been designated by the Captain except Federal holidays. in 2011, the Coast Guard enforced a

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safety on August 21st (76 FR 52269). at position 43°00′25″ N; 082°25′20″ W, requires federal agencies to consider the Consequently, not only is it extending east to the international potential impact of regulations on small impracticable and contrary to the public boundary to a point at position entities during rulemaking. The Coast interest to delay this rule, a notice 43°00′25″ N; 082°25′02″ W, following Guard certifies under 5 U.S.C. 605(b) comment period and delayed effective south along the international boundary that this rule will not have a significant date are also unnecessary because of the to a point at position 42°54′30″ N; economic impact on a substantial public’s expected awareness of the 082°27′41″ W, extending west to a point number of small entities. Coast Guard’s safety zone. on land (just north of Stag Island) at This rule will affect the following position 42°54′30″ N; 082°27′58″ W, and B. Basis and Purpose entities, some of which might be small following north along the U.S. shoreline entities: The owners or operators of On August 19, 2012, a non-permitted to the point of origin. All geographic vessels intending to transit or anchor in public event has been advertised over coordinates are North American Datum a portion of the St. Clair River on various social-media sites in which a of 1983 [NAD 83]. August 19, 2012. large number of persons may float down Entry into, transiting, or anchoring This safety zone will not have a a segment of the St. Clair River, using within the safety zone is prohibited significant economic impact on a inner tubes and other similar floatation unless authorized by the Captain of the substantial number of small entities for devices. The 2012 Float-Down event Port Detroit or his designated on-scene the following reasons: This safety zone will occur between about 11 a.m. and 8 representative. The Captain of the Port would be activated, and thus subject to p.m. on August 19, 2012. This event or his designated on-scene enforcement, for only nine hours on one took place in 2009, 2010, and 2011. representative may be contacted via day. Furthermore, the safety zone may Although it did not receive a state or VHF Channel 16. conclude earlier if the Captain of the federal permit over these past years, the Port determines that the safety hazards event drew in over 3,000 participants. D. Regulatory Analyses have been mitigated before 8:00 p.m. Despite the plan put together by the We developed this rule after federal, state and local officials, considering numerous statutes and Traffic may be allowed to pass through emergency responders and law executive orders related to rulemaking. the zone with the permission of the enforcement officials were Below we summarize our analyses Captain of the Port. The Captain of the overwhelmed with medical based on 13 of these statutes or Port can be reached via VHF channel 16. emergencies, people drifting across the executive orders. Before the activation of the zone, we international border, and people would issue local Broadcast Notice to 1. Regulatory Planning and Review trespassing on residential property Mariners. when trying to get out of the water This rule is not a significant 3. Assistance for Small Entities before the designated finish line. regulatory action under section 3(f) of Promotional information for the event Executive Order 12866, Regulatory Under section 213(a) of the Small continues to be published, and more Planning and Review, as supplemented Business Regulatory Enforcement than 3,000 people are anticipated to by Executive Order 13563, Improving Fairness Act of 1996 (Pub. L. 104–121), float down the river this year. Regulation and Regulatory Review, and we want to assist small entities in Based on the amount of public does not require an assessment of understanding this rule. If the rule participation and safety concerns potential costs and benefits under would affect your small business, identified in 2009, 2010, and 2011, the section 6(a)(3) of Executive Order 12866 organization, or governmental Captain of the Port Detroit has or under section 1 of Executive Order jurisdiction and you have questions determined that the 2012 Float-Down 13563. The Office of Management and concerning its provisions or options for poses significant risks to public safety Budget has not reviewed it under those compliance, please contact the person and property. The likely combination of Orders. It is not ‘‘significant’’ under the listed in the FOR FURTHER INFORMATION large numbers of participants, strong regulatory policies and procedures of CONTACT section above. river currents, limited rescue resources, the Department of Homeland Security Small businesses may send comments and difficult emergency response (DHS). We conclude that this rule is not on the actions of Federal employees scenarios could easily result in serious a significant regulatory action because who enforce, or otherwise determine injuries or fatalities to Float-Down we anticipate that it will have minimal compliance with, Federal regulations to participants and spectators. Establishing impact on the economy, will not the Small Business and Agriculture a safety zone to control vessel entry into interfere with other agencies, will not Regulatory Enforcement Ombudsman the location of the proposed Float-Down adversely alter the budget of any grant and the Regional Small Business will help ensure the safety of persons or loan recipients, and will not raise any Regulatory Fairness Boards. The and property and minimize the novel legal or policy issues. The safety Ombudsman evaluates these actions associated risks. zone created by this rule will be annually and rates each agency’s relatively small and enforced for responsiveness to small business. If you C. Discussion of Rule relatively short time. Also, the safety wish to comment on actions by This safety zone is necessary to zone is designed to minimize its impact employees of the Coast Guard, call 1– ensure the safety of spectators, vessels, on navigable waters. Thus, restrictions 888–REG–FAIR (1–888–734–3247). The and the public from the hazards on vessel movement within that Coast Guard will not retaliate against associated with the Port Huron Float- particular area are expected to be small entities that question or complain Down. This rule will be in effect and the minimal. Under certain conditions, about this rule or any policy or action safety zone will be enforced from 11 moreover, vessels may still transit of the Coast Guard. a.m. to 8 p.m. on August 19, 2012. through the safety zone when permitted 4. Collection of Information The safety zone will begin at by the Captain of the Port. Lighthouse Beach and encompass all This rule will not call for a new U.S. waters of the St. Clair River bound 2. Impact on Small Entities collection of information under the by a line starting at a point on land The Regulatory Flexibility Act of 1980 Paperwork Reduction Act of 1995 (44 north of Coast Guard Station Port Huron (RFA), 5 U.S.C. 601–612, as amended, U.S.C. 3501–3520).

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5. Federalism because it does not have a substantial ■ 2. Add § 165.T09–0771 to read as A rule has implications for federalism direct effect on one or more Indian follows: tribes, on the relationship between the under Executive Order 13132, § 165.T09–0771 Safety Zone; Port Huron Federalism, if it has a substantial direct Federal Government and Indian tribes, Float-Down, St. Clair River, Port Huron, MI. or on the distribution of power and effect on the States, on the relationship (a) Location. The safety zone will between the national government and responsibilities between the Federal Government and Indian tribes. begin at Lighthouse Beach and the States, or on the distribution of encompass all U.S. waters of the St. power and responsibilities among the 12. Energy Effects Clair River, Port Huron, MI, bound by a various levels of government. We have line starting at a point on land north of This action is not a ‘‘significant analyzed this rule under that Order and Coast Guard Station Port Huron at energy action’’ under Executive Order determined that this rule does not have position 43°00′25″ N; 082°25′20″ W, 13211, Actions Concerning Regulations implications for federalism. extending east to the international That Significantly Affect Energy Supply, 6. Protest Activities boundary to a point at position Distribution, or Use. 43°00′25″ N; 082°25′02″ W, following The Coast Guard respects the First 13. Technical Standards south along the international boundary Amendment rights of protesters. to a point at position 42°54′30″ N; Protesters are asked to contact the This rule does not use technical 082°27′41″ W, extending west to a point person listed in the FOR FURTHER standards. Therefore, we did not on land (just north of Stag Island) at INFORMATION CONTACT section to consider the use of voluntary consensus position 42°54′30″ N; 082°27′58″ W, and coordinate protest activities so that your standards. following north along the U.S. shoreline message can be received without 14. Environment to the point of origin. (DATUM: NAD jeopardizing the safety or security of 83). people, places or vessels. We have analyzed this rule under (b) Effective and enforcement period. Department of Homeland Security 7. Unfunded Mandates Reform Act This regulation is effective and will be Management Directive 023–01 and enforced from 11 a.m. until 8 p.m. on The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, August 19, 2012. of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in (c) Regulations. (1) In accordance with Federal agencies to assess the effects of complying with the National the general regulations in § 165.23 of their discretionary regulatory actions. In Environmental Policy Act of 1969 this part, entry into, transiting, or particular, the Act addresses actions (NEPA)(42 U.S.C. 4321–4370f), and anchoring within this safety zone is that may result in the expenditure by a have determined that this action is one prohibited unless authorized by the State, local, or tribal government, in the of a category of actions that do not Captain of the Port Detroit or his aggregate, or by the private sector of individually or cumulatively have a designated on-scene representative. $100,000,000 (adjusted for inflation) or significant effect on the human (2) This safety zone is closed to all more in any one year. Though this rule environment. This rule involves the vessel traffic, except as may be will not result in such an expenditure, establishment of a safety zone and, permitted by the Captain of the Port we do discuss the effects of this rule therefore it is categorically excluded Detroit or his designated on-scene elsewhere in this preamble. from further review under paragraph representative. (3) The ‘‘on-scene representative’’ of 8. Taking of Private Property 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis the Captain of the Port is any Coast This rule will not cause a taking of checklist supporting this determination Guard commissioned, warrant, or petty private property or otherwise have and a Categorical Exclusion officer who has been designated by the taking implications under Executive Determination are available in the Captain of the Port to act on his behalf. Order 12630, Governmental Actions and docket where indicated under The on-scene representative of the Interference with Constitutionally ADDRESSES. We seek any comments or Captain of the Port will be aboard either Protected Property Rights. information that may lead to the a Coast Guard or Coast Guard Auxiliary 9. Civil Justice Reform discovery of a significant environmental vessel. The Captain of the Port or his impact from this rule. designated on scene representative may This rule meets applicable standards be contacted via VHF Channel 16. in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165 (4) Vessel operators desiring to enter Order 12988, Civil Justice Reform, to or operate within the safety zone shall minimize litigation, eliminate Harbors, Marine safety, Navigation (water), Reporting and recordkeeping contact the Captain of the Port Detroit ambiguity, and reduce burden. or his on-scene representative to obtain requirements, Security measures, permission to do so. The Captain of the 10. Protection of Children Waterways. Port Detroit or his on-scene We have analyzed this rule under For the reasons discussed in the representative may be contacted via Executive Order 13045, Protection of preamble, the Coast Guard amends 33 VHF Channel 16. Vessel operators given Children from Environmental Health CFR parts 165 as follows: permission to enter or operate in the Risks and Safety Risks. This rule is not safety zone must comply with all an economically significant rule and PART 165—REGULATED NAVIGATION directions given to them by the Captain does not create an environmental risk to AREAS AND LIMITED ACCESS AREAS of the Port Detroit, or his on-scene health or risk to safety that may representative. disproportionately affect children. ■ 1. The authority citation for Part 165 continues to read as follows: Dated: August 6, 2012. 11. Indian Tribal Governments J.E. Ogden, Authority: 33 U.S.C. 1231; 46 U.S.C. This rule does not have tribal Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; Captain, U.S. Coast Guard, Captain of the implications under Executive Order 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port Detroit. 13175, Consultation and Coordination Pub. L. 107–295, 116 Stat. 2064; Department [FR Doc. 2012–20097 Filed 8–15–12; 8:45 am] with Indian Tribal Governments, of Homeland Security Delegation No. 0170.1. BILLING CODE 9110–04–P

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DEPARTMENT OF COMMERCE Summary of Major Provisions: The process within specified time frames final rule will result in patent term (known as the ‘‘A’’ provision, being in Patent and Trademark Office adjustment determinations that better 35 U.S.C. 154(b)(1)(A)); (2) subject to reflect any delays an application certain enumerated examples, if the 37 CFR Part 1 experiences during the appellate review Office fails to issue a patent within three [Docket No. PTO–P–2011–0058] process. The final rule defines the day years of the actual filing date of the that an appellate review period begins application in the United States (known RIN 0651–AC63 for patent term adjustment purposes as as the ‘‘B’’ provision, being in 35 U.S.C. the day that jurisdiction over the patent 154(b)(1)(B)); and (3) for delays due to Revision of Patent Term Adjustment application passes to the Board. Also, interference, secrecy order, or successful Provisions Relating to Appellate the final rule provides applicants with appellate review (known as the ‘‘C’’ Review a three-month time period for filing a provision, being in 35 U.S.C. AGENCY: United States Patent and compliant appeal brief before the Office 154(b)(1)(C)). See 35 U.S.C. 154(b)(1). Trademark Office, Commerce. will consider applicant as having failed The Office implemented the patent term to engage in reasonable efforts to adjustment provisions of 35 U.S.C. ACTION: Final rule. conclude processing or examination of 154(b) as amended by the AIPA in a SUMMARY: The United States Patent and the application. final rule published in September of Trademark Office (Office) is revising the Costs and Benefits: This rulemaking is 2000. See Changes to Implement Patent patent term adjustment provisions of the not significant or economically Term Adjustment Under Twenty-Year rules of practice in patent cases to better significant under Executive Order 12866 Patent Term, 65 FR 56365 (Sept. 18, reflect the period of appellate review. (Sept. 30, 1993), as amended by 2000) (patent term adjustment final The patent term adjustment provisions Executive Order 13258 (Feb. 26, 2002) rule). of the American Inventors Protection and Executive Order 13422 (Jan. 18, The patent term adjustment Act of 1999 (AIPA) provide for patent 2007). provisions of the AIPA apply to original (i.e., non-reissue) utility and plant term adjustment if, inter alia, the Background issuance of the patent was delayed due applications filed on or after May 29, to appellate review by the Board of The Uruguay Round Agreements Act 2000. See Changes to Implement Patent (URAA) amended 35 U.S.C. 154 to Patent Appeals and Interferences Term Adjustment Under Twenty-Year provide that the term of a patent ends (Board) or by a Federal court, and the Patent Term, 65 FR at 56367. The patent on the date that is twenty years from the patent was issued under a decision in term extension provisions of the URAA filing date of the application, or the the review reversing an adverse (for delays due to secrecy order, earliest filing date for which a benefit is determination of patentability. The interference or successful appellate claimed under 35 U.S.C. 120, 121, or Office is specifically revising the rules review) continue to apply to original 365(c). See Public Law 103–465, of practice to indicate that the period of utility and plant applications filed on or § 532(a)(1), 108 Stat. 4809, 4983–85 appellate review under the patent term after June 8, 1995, and before May 29, (1994). The URAA also contained adjustment provisions of the AIPA 2000. See id. provisions, codified at 35 U.S.C. 154(b), In April 2011, the Office proposed to begins when jurisdiction over the for patent term extension due to certain revise the patent term extension and application passes to the Board rather examination delays. Under the patent adjustment provisions of the URAA and than the date on which a notice of term extension provisions of 35 U.S.C. AIPA to provide, with certain appeal to the Board is filed. 154(b) as amended by the URAA, an exceptions, that the reopening of DATES: Effective date: This final rule is applicant is entitled to patent term prosecution by an examiner would be effective September 17, 2012. extension for delays due to interference, considered a ‘‘decision in the review Applicability date: The amendments secrecy order, or successful appellate reversing an adverse determination of to 37 CFR 1.703 in this final rule are review. See 35 U.S.C. 154(b) (1995). The patentability,’’ since in many such applicable to any application in which Office implemented the patent term situations, the Office decision in the a notice of allowance is issued on or extension provisions of the URAA in a pre-Board review reveals some after September 17, 2012, and any final rule published in April of 1995. weakness in the adverse patentability patent issuing thereon. The amendment See Changes to Implement 20-Year determination from which the appeal to 37 CFR 1.704 is applicable with Patent Term and Provisional was taken, making it appropriate to treat respect to the filing of an appeal brief in Applications, 60 FR 20195 (Apr. 25, such situations as a ‘‘decision in the any application in which a notice of 1995) (twenty-year patent term final review reversing an adverse appeal under 37 CFR 41.31 is filed on rule). determination of patentability’’ under or after September 17, 2012. The American Inventors Protection the patent term adjustment and FOR FURTHER INFORMATION CONTACT: Kery Act of 1999 (AIPA) further amended 35 extension provisions. See Revision of A. Fries, Senior Legal Advisor, Office of U.S.C. 154(b) to expand the list of Patent Term Extension and Adjustment Patent Legal Administration, by administrative delays which may give Provisions Relating to Appellate Review telephone at 571–272–7757, by mail rise to patent term adjustment and Information Disclosure Statements, addressed to: Box Comments—Patents, (characterized as ‘‘patent term 76 FR 18990 (Apr. 6, 2011). The Office Commissioner for Patents, P.O. Box adjustment’’ in the AIPA). See Public received several comments suggesting 1450, Alexandria, VA 22313–1450, Law 106–113, 113 Stat. 1501, 1501A– that a better approach would be to treat marked to the attention of Kery A. Fries. 552 through 1501A–591 (1999). the appellate review period as beginning SUPPLEMENTARY INFORMATION: Specifically, under the patent term when jurisdiction passes to the Board, adjustment provisions of 35 U.S.C. rather than on the date a notice of Executive Summary 154(b) as amended by the AIPA, an appeal to the Board was filed. This Purpose: The Office is revising the applicant is entitled to patent term approach would give applicants the patent term adjustment provisions of the adjustment for the following reasons: (1) possibility of obtaining patent term rules of practice in patent cases to better If the Office fails to take certain actions adjustment under the ‘‘B’’ provision for reflect the period of appellate review. during the examination and issue Office delays during the pre-Board

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process (including when prosecution is based upon appellate review, the impact under its authority in this final rule reopened). Specifically, the Office of the rule change would be to reduce under 35 U.S.C. 154(b)(2)(C), that the would not subtract from the ‘‘B’’ period the amount of patent term adjustment failure to file an appeal brief in the period of time from the filing of the awarded for a successful appeal under compliance with 37 CFR 41.37 within notice of appeal to the earlier of the 35 U.S.C. 154(b)(1)(C)(iii) by beginning three months from the date on which a filing of a reply brief or the expiration the appellate review period at the time notice of appeal to the Board was filed of the period to file the reply brief. the Board assumes jurisdiction of the under 35 U.S.C. 134 and 37 CFR 41.31 In November 2011, the Office appeal. Any negative impact to constitutes a failure of an applicant to published a final rule concerning applicant, however, may be offset by engage in reasonable efforts to conclude practice before the Board in ex parte potentially increasing the amount of processing or examination of an appeals, and defined that jurisdiction of patent term adjustment awarded for the application. an appeal passes to the Board at the Office failing to issue the patent within Discussion of Specific Rules earlier of the filing of the reply brief or three years of the actual filing date in upon the expiration of the time period the United States under 35 U.S.C. Title 37 of the Code of Federal for filing a reply brief. See Rules Of 154(b)(1)(B) (‘‘ ‘B’ delay’’). For example, Regulations, Part 1, is amended as Practice Before the Board of Patent the patent term adjustment awarded follows: Appeals and Interferences in Ex Parte pursuant to the ‘‘B’’ delay may increase Section 1.703: Section 1.703(b)(4), Appeals 76 FR 72270, 72273 (Nov. when the examiner reopens prosecution which defines the period of appellate 2011). after a notice of appeal is filed (e.g., review in 35 U.S.C. 154(b)(1)(B)(ii), is In December 2011, the Office following a pre-appeal conference or an amended to define this period as the published a notice seeking public appeal conference) and the patent issues sum of the number of days, if any, in the period beginning on the date on which comment on a proposal to change its thereafter, because the period of time jurisdiction over the application passes interpretation of the appellate review between the filing of the notice of to the Board under § 41.35(a) of this title language of the ‘‘B’’ provision (35 U.S.C. appeal and the examiner’s reopening of and ending on the date that jurisdiction 154(b)(1)(B)(ii)) to provide that appellate prosecution would no longer be ends under § 41.35(b) of this title or the review begins on the date on which deducted under 35 U.S.C. date of the last decision by a Federal jurisdiction over the application passes 154(b)(1)(B)(ii). to the Board under 37 CFR 41.35 (rather court in an appeal under 35 U.S.C. 141 than the date on which a notice of The December 2011 notice of or a civil action under 35 U.S.C. 145, appeal under 35 U.S.C. 134 was filed as proposed rulemaking also indicated that whichever is later. Section 1.703(b)(4) in the current rule). See Revision of the AIPA sets forth a number of formerly defined this period as Patent Term Extension and Adjustment conditions and limitations on any beginning on the date on which a notice Provisions Relating to Appellate Review, patent term adjustment accrued under of appeal to the Board was filed under 76 FR 81432 (Dec. 28, 2011). The 35 U.S.C. 154(b)(1). See Revision of 35 U.S.C. 134 and § 41.31. December 2011 notice of proposed Patent Term Extension and Adjustment Section 1.703(e), which defines the rulemaking indicated that to change the Provisions Relating to Appellate Review, period of appellate review in 35 U.S.C. interpretation of the appellate review 76 FR at 81434–35. Specifically, 35 154(b)(1)(C)(iii), is amended to define language of the ‘‘B’’ provision without U.S.C. 154(b)(2)(C) provides, in part, this period as the sum of the number of also changing the appellate review that ‘‘[t]he period of adjustment of the days, if any, in the period beginning on language of the ‘‘C’’ provision (35 U.S.C. term of a patent under [35 U.S.C. the date on which jurisdiction over the 154(b)(1)(C)(iii)) would require the 154(b)(1)] shall be reduced by a period application passes to the Board under Office to interpret the same statutory equal to the period of time during which § 41.35(a) of this title and ending on the term, ‘‘appellate review by the Board,’’ the applicant failed to engage in date of a final decision in favor of the appearing in two closely related reasonable efforts to conclude applicant by the Board or by a Federal provisions, in two different ways, prosecution of the application’’ and that court in an appeal under 35 U.S.C. 141 violating well-recognized canon of ‘‘[t]he Director shall prescribe or a civil action under 35 U.S.C. 145. statutory interpretation that the same regulations establishing the Section 1.703(e) formerly defined this terms appearing in related statutory circumstances that constitute a failure of period as beginning on the date on provisions are to be given the same an applicant to engage in reasonable which a notice of appeal to the Board meaning. See Revision of Patent Term efforts to conclude processing or was filed under 35 U.S.C. 134 and Extension and Adjustment Provisions examination of an application.’’ 35 § 41.31. Relating to Appellate Review, 76 FR at U.S.C. 154(b)(2)(C)(i) and (iii). The rules Section 1.704: Section 1.704(c) is 81434 (citing Yi v. Fed. Bureau of of practice (37 CFR 41.37) require that amended to provide that the failure to Prisons, 412 F.3d 526, 531 (4th Cir. an appeal brief be filed within two file an appeal brief in compliance with 2005)). The December 2011 notice of months from the date of filing of the § 41.37 within three months from the proposed rulemaking further indicated a notice of appeal under 35 U.S.C. 134 date on which a notice of appeal to the later beginning of the appellate review and 37 CFR 41.31, with extensions Board was filed under 35 U.S.C. 134 and by the Board, as was being proposed, available pursuant to 37 CFR 1.136 and § 41.31 constitutes a failure of an would result in the possibility of a 1.550(c). An applicant, however, may applicant to engage in reasonable efforts greater period of patent term adjustment delay or prevent the passing of to conclude processing or examination under the ‘‘B’’ provision vis-a`-vis the jurisdiction of the application to the of an application. Section 1.704(c) Office’s interpretation of this provision Board by: (1) Obtaining an extension of would also provide that in such a case in 2000, but would result in the time to file the appeal brief, (2) filing an the period of adjustment set forth in possibility of a lesser period of patent appeal brief that does not comply with § 1.703 shall be reduced by the number term adjustment under the ‘‘C’’ the requirements of 37 CFR 41.37, or (3) of days, if any, beginning on the day provision vis-a`-vis the Office’s seeking further prosecution before the after the date that is three months from interpretation of this provision in 2000. examiner by filing a request for the day on which a notice of appeal to See id. Accordingly, for purposes of continued examination under 37 CFR the Board was filed under 35 U.S.C. 134 calculating patent term adjustment 1.114. Therefore, the Office is providing, and § 41.31 of this title and ending on

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the date an appeal brief was filed in (2) Indicate that the provisions but more than two months after a notice compliance with § 41.37 or a request for relating to the ‘‘B’’ delay under 35 U.S.C of appeal was filed. continued examination was filed in 154(b)(1)(B) will reduce the amount of Response: The Office proposed that if compliance with § 1.114. Section ‘‘B’’ delay for the period beginning from more than two months passed from the 1.704(c) also renumbers current the date of the notice of appeal until the date a notice of appeal is filed until the § 1.704(c)(11) as new § 1.704(c)(12). earlier of the filing of a reply brief or the date a compliant appeal brief is filed, As discussed previously, the changes expiration of the period to file the reply the Office would assess an applicant to § 1.703 in this final rule are brief; and (3) introduce a new type of delay. The Office has decided not to applicable to any application in which applicant delay for the applicant’s assess applicant delay under a notice of allowance is issued on or failure to file a compliant appeal brief 1.704(c)(11) unless three months has after September 17, 2012, and any within two months of the filing of a passed from the date a notice of appeal patent issuing thereon, and the change notice of appeal. See Revision of Patent is filed until the date a compliant brief to § 1.704 is applicable with respect to Term Adjustment Provisions Relating to is filed. If the Office reopens the filing of an appeal brief in any Appellee Review, 76 FR 81432–37. The prosecution after three months from the application in which a notice of appeal Office received comments from four applicant’s filing of the notice of appeal under § 41.31 is filed on or after commenters. but prior to applicant’s submission of a September 17, 2012. Comment 1: One comment suggested compliant appeal brief under § 41.37, The Office will also apply the changes that the Office not consider it a failure the Office would not find any applicant to § 1.703 in this final rule in any timely of an applicant to engage in reasonable delay under § 1.704(c)(11). Moreover, patent term adjustment reconsideration efforts to conclude processing or the Office would not deem the proceeding that is initiated on or after examination of an application under reopening of the prosecution as vacating September 17, 2012. To allow patentees proposed § 1.704(c)(9) (§ 1.704(c)(11) as any previous filed response that to take advantage of this final rule, and adopted) unless more than three months potentially increases patent term for purposes limited to this final rule, has passed from the filing of the notice adjustment under 35 U.S.C. such patent term adjustment of appeal until a compliant appeal brief 154(b)(1)(A)(i) through (iv). Reopening reconsideration proceedings shall be the is filed. The comment urges that prosecution after the notice of appeal following timely filed proceedings preparing an appeal brief requires may increase pendency of the initiated on or after September 17, 2012: considerable effort and the standard application and under certain (1) Reconsideration proceedings should be the same as for responses to circumstances result in patent term initiated pursuant to a remand from a an Office action. adjustment under 35 U.S.C. 154(b)(1)(B). timely filed civil action in Federal court; Response: As suggested in the Comment 4: One comment requested (2) reconsideration proceedings initiated comment, the Office is revising the pursuant to a timely request for provision to provide that it will be clarification of whether the two-month reconsideration of the patent term considered a failure of an applicant to period under proposed § 1.704(c)(9) adjustment indicated in the patent engage in reasonable efforts to conclude (three-month period of § 1.704(c)(11) as under § 1.705(d) in which the patentee processing or examination of an adopted) would be extendable for argues that the change to § 1.703 in this application under § 1.704(c)(11) if the weekends and holidays under ArQule v. final rule is applicable to his or her applicant takes more than three months Kappos, 793 F.Supp.2d 214 (D.D.C. patent; and (3) reconsideration from the date of the filing of the notice 2011). proceedings initiated pursuant to a of appeal to file a compliant appeal Response: Deadlines for patent term request for reconsideration that seeks brief. The Office finds that the three- adjustment will be calculated pursuant reconsideration of the Office’s decision month period would be equivalent to to 35 U.S.C. 21(b) since the Office is under § 1.705(d) regarding patent term the statutory time provided an applicant establishing a time frame for taking adjustment under the Office’s former to respond to a notice from the Office action. If the last day of the three-month interpretation of the appellate review making any rejection, objection, period set forth in 1.704(c)(11) as language of 35 U.S.C. 154(b)(1)(B)(ii) argument, or other request before adopted falls on a Saturday, Sunday, or and (C)(iii), if such request is filed applicant is deemed to have failed to a Federal holiday within the District of within two months of the date of the engage in reasonable efforts to conclude Columbia, an applicant would be able to decision for which reconsideration is processing or examination of the file the appeal brief on the next requested (§ 1.181(f)). Section 1.705(d) application under 35 U.S.C. succeeding secular or business day provides, in part, that any request for 154(b)(2)(C)(ii). without reduction of patent term reconsideration of the patent term Comment 2: Two comments suggested adjustment under § 1.704(c)(11). For adjustment indicated in the patent must that the Office should not retroactively example, if a notice of appeal were filed be filed within two months of the date apply the provisions of proposed on Friday, May 18, 2012, such that the the patent issued and must comply with § 1.704(c)(9) (§ 1.704(c)(11) as adopted) three-month deadline fell on Saturday, the requirements of §§ 1.705(b)(1) and to any notice of appeal that is filed prior August 18, 2012, and the appeal brief (b)(2). to the final enactment of the provision. were filed on Monday, August 20, 2012, Response: As suggested in the applicant would not receive any Comments and Response to Comments comments, the Office will apply the reduction of patent term adjustment As discussed previously, the Office provision of 1.704(c)(11) only with under § 1.704(c)(11) because the three- published a notice on December 28, respect to an appeal brief in which the month date fell on a Saturday. If 2011, proposing to change the rules of notice of appeal was filed on or after applicant filed the compliant appeal practice pertaining to patent term September 17, 2012. brief on Tuesday, August 21, 2012, adjustment to: (1) Indicate that the Comment 3: One comment requested applicant would be assessed a one-day period of appellate review under the clarification of the patent term patent term adjustment reduction under patent term provisions of the AIPA adjustment effect under proposed § 1.704(c)(11). begins when jurisdiction over the § 1.704(c)(9) (§ 1.704(c)(11) as adopted) Comment 5: One comment requested application passes to the Board rather if the examiner reopens prosecution clarification of whether a response to a than when the notice of appeal is filed; before a compliant appeal brief is filed, non-compliant appeal brief will be

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considered a supplemental response requires that the Office respond to an date that the file is transferred to the under § 1.704(c)(8). appeal within four months after the date Board. See Rules of Practice Before the Response: The filing of a compliant on which the appeal was taken. The Board of Patent Appeals and appeal brief under 41.37 after a non- Office implemented this patent term Interferences in Ex Parte Appeals, 76 FR compliant appeal brief has been filed is adjustment provision in September at 72271. Jurisdiction now passes to the not considered a supplemental reply 2000, and indicated that the phrase Board upon the earlier of the date of under § 1.704(c)(8). Moreover, the Office ‘‘appeal taken’’ means the date of the filing of the reply brief under § 41.41 or will not consider it to be an omission filing of an appeal brief in compliance when the period for filing of the reply under § 1.704(c)(7). However, it will be with § 41.37. See Changes to Implement brief has expired. See § 41.35(a). The considered a failure of an applicant to Patent Term Adjustment Under the change to the ex parte appeal rules engage in reasonable efforts to conclude Twenty-Year Patent Term, 65 FR 56366, provides clarity as to when jurisdiction processing or examination of an 56368 (Sept. 18, 2000). is passed and when the application is application under § 1.704(c)(11) if the Comment 8: One comment suggested deemed to be under appellate review by compliant appeal brief is not filed that the applicant should be entitled to the Board for purposes of 35 U.S.C. within three months of the date of the patent term adjustment if the Office 154(b)(1)(C)(iii). notice of appeal, regardless of the filing does not mail either an examiner’s Comment 11: One comment sought of a non-compliant appeal brief. answer or a notice of non-compliant clarification as to whether the applicant Comment 6: Two comments requested appeal brief within two months of the is entitled to patent term adjustment if clarification as to the patent term filing of the appeal brief. an examiner reopens prosecution of the adjustment consequences of filing an Response: The suggestion was not application. information disclosure statement or an adopted. 35 U.S.C. 154(b)(1)(A) provides Response: The applicant is not amendment after the notice of appeal conditions upon which an application is entitled to patent term adjustment for has been filed. entitled additional patent term the reopening of prosecution of the Response: There will be a reduction of adjustment due to delayed responses by application per se. However, under patent term adjustment if the applicant the Office, and does not provide patent certain circumstances, the reopening of submits an information disclosure term adjustment on this basis. As prosecution by the examiner may lead statement pursuant to § 1.97(c) or an discussed previously, 35 U.S.C. to additional patent term adjustment amendment under § 41.33 after a notice 154(b)(1)(A)(ii) requires that the Office under 35 U.S.C. 154(b)(1)(B) because the of appeal has been filed but prior to respond to an appeal within four period of time from the filing of the jurisdiction passing to the Board under months after the date on which the notice of appeal to the reopening of § 1.704(c)(8). Under § 1.97(c), an appeal was taken. Accordingly, the prosecution will not be excluded from applicant who submits an information Office could not provide patent term the three-year provision of 35 U.S.C. disclosure statement meeting the adjustment on the basis suggested in the 154(b)(1)(B)(ii) as such time would requirements of §§ 1.97 and 1.98 will comment. occur prior to the date that jurisdiction have such submission considered by the Comment 9: One comment requested is passed to the Board. See § 1.703(b)(4). examiner if it is accompanied by a clarification as to whether the applicant Comment 12: One comment sought statement under § 1.97(e) and the fee is entitled to patent term adjustment if clarification as to what would happen if under § 1.17(p). Moreover, the Office a supplemental examiner’s answer or jurisdiction ends without a decision by may consider an amendment under acknowledgment of the reply brief by the Board or a Federal court; e.g., § 41.33(a) and (b) if it meets the the examiner is delayed. appellant files a request for continued requirements for consideration. As Response: The Office recently revised examination under 37 CFR 1.114 after § 1.703(b)(4) would no longer treat the the appeal rules to reduce the period of jurisdiction passes to the Board. period of time between the notice of time before the application is Response: Section 1.703(b)(4) has appeal and the date that jurisdiction transferred to the Board. See Rules of been amended to address situations passes to the Board as being excluded Practice Before the Board of Patent where the jurisdiction ends without a from the ‘‘B’’ period, an applicant may Appeals and Interferences in Ex Parte decision by the Board or a Federal court. increase ‘‘B’’ delay by taking actions Appeals, 76 FR 72270, 72271 (Nov. 22, Under the revised rule, the appeal that extend the period between the 2011). Under the revised rules, the review period will end on the date that notice of appeal and the date that examiner will no longer acknowledge jurisdiction ends under § 41.35(b) or the jurisdiction passes to the Board. the reply brief or mail a supplemental date of the last decision by a Federal Accordingly, treating the IDS and examiner’s answer in response to the court in an appeal under 35 U.S.C. 141 amendments filed after a notice of reply brief. As a result, the Board takes or a civil action under 35 U.S.C. 145, appeal as an applicant delay under jurisdiction over the proceeding upon whichever is later. Accordingly, if (c)(8) will discourage attempts to the earlier of the filing of the reply brief appellant files a request for continued increase ‘‘B’’ delay, and accordingly, the under § 41.41 or the expiration of the examination under 37 CFR 1.114 after Office will so treat them. period of time in which applicant may jurisdiction passes to the Board, the Comment 7: One comment suggested file a reply brief. See § 41.35(a). period of ‘‘B’’ delay under 35 U.S.C. that an applicant should be entitled to Accordingly, the issue is moot in light 154(b)(1)(B) would not include the patent term adjustment if the Office of the changes to the appeal rules. period beginning on the date does not respond to a request for a pre- Comment 10: One comment sought jurisdiction passed to the Board under appeal review within 45 days. clarification as to the date that the file § 41.35(a) and ending on the filing date Response: The suggestion was not is transferred to the Board under § 41.35 of the request for continued adopted. 35 U.S.C. 154(b)(1)(A) provides in order to calculate patent term examination under 37 CFR 1.114; that conditions under which an applicant is adjustment under 35 U.S.C. is, the date jurisdiction of the Board entitled to patent term adjustment due 154(b)(1)(C)(iii). ends. to delayed responses by the Office, but Response: The Office recently revised Comment 13: One comment sought does not provide patent term adjustment the ex parte appeal rules, which no clarification as to the point at which for the situation suggested in the longer define the date that the Board jurisdiction is remanded by the Board comment. 35 U.S.C. 154(b)(1)(A)(ii) assumes jurisdiction of the appeal as the back to the examiner when the examiner

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is affirmed, affirmed-in-part, or extensions of time under § 1.136(a). In appeal and ending on the date of the reversed. addition, the comment suggested that filing of the compliant appeal brief. Response: Pursuant to §§ 41.35(b)(2) the Board conducts ‘‘appellate review Rulemaking Considerations and 41.54, jurisdiction of the Board prior to the jurisdiction change under ends when the Board enters a final § 41.35.’’ A. Regulatory Flexibility Act decision (see § 41.2) and judicial review Response: The suggestions were not The Deputy General Counsel for is sought or the time for seeking judicial General Law of the United States Patent review has expired. Under 37 CFR adopted. The Office has acknowledged and Trademark Office certified to the 41.54, jurisdiction passes to the that the impact of the rule would reduce Chief Counsel for Advocacy of the Small examiner, for further action by appellant the amount of patent term adjustment Business Administration at the or examiner, as the condition of the awarded for a successful appeal under proposed rule stage that changes in the application or patent under ex parte 35 U.S.C. 154(b)(1)(C)(iii). The Office, proposed rule will not have a significant reexamination may require additional however, believes that any such impact economic impact on a substantial action pursuant to the decision. may be offset by potentially increased number of small entities. See 5 U.S.C. Accordingly, the amount of patent term patent term adjustment awarded for the 605(b). The Office received no adjustment that may accrue under Office failing to issue the patent within comments on that certification. For the § 1.703(e) and the period of time not three years of the actual filing date considered ‘‘B’’ time will be fixed to the under 35 U.S.C. 154(b)(1)(B). See reasons set forth herein, the Deputy date that jurisdiction of the Board ends Revision of Patent Term Adjustment General Counsel for General Law of the under § 41.35(b) unless an appeal under Provisions relating to Appellate Review, United States Patent and Trademark 35 U.S.C. 141 or a civil action under 35. 76 FR 81432 (Dec. 28, 2011). The Office Office has certified to the Chief Counsel U.S.C. 145 is filed. is aware that under certain scenarios an for Advocacy of the Small Business Comment 14: One comment sought applicant may have received more Administration that changes in this final clarification as to the point at which an overall patent term adjustment under rule will not have significant economic applicant may file an information one approach than the other. However, impact on a substantial number of small entities. See 5 U.S.C. 605(b). disclosure statement after the Board to change the interpretation of the The changes to the rules of practice in reverses or remands the application to appellate review language of the ‘‘B’’ the examiner without an applicant delay this final rule: (1) Revise the provisions provision without also changing the that define the beginning and ending resulting. appellate review language of the ‘‘C’’ Response: Current § 1.704(c)(9) dates of the period of appellate review provision would require the Office to under 35 U.S.C. 154(b)(1)(B)(ii) and identifies when applicant delay occurs interpret the same statutory term, after a decision by the Board and is 154(b)(1)(C)(iii) to provide that this ‘‘appellate review by the Board,’’ period begins on the date on which applicable to an information disclosure appearing in two closely related statement that is filed after a Board or jurisdiction over the application passes provisions, in two different ways. The to the Board under 37 CFR 41.35; and Federal court decision. However, an Office is aware that prior to the passage applicant will not be deemed to have (2) provide that the failure to file a of jurisdiction from the examiner to the proper appeal brief within three months failed to engage in reasonable efforts Board, the Board reviews briefs for under § 1.704(c)(9) if the applicant can from the date on which a notice of compliance with § 41.37, but the Office file an accompanying statement under appeal to the Board was filed, as notes that Revised Procedures for § 1.704(d). required by 35 U.S.C. 134, constitutes a Comment 15: One comment suggested Appellate Review memorandum failure of an applicant to engage in that the Office should adopt its original expressly states that the responsibility reasonable efforts to conclude proposal as set forth in the notice of of the Board for determining whether processing or examination of an proposed rulemaking, Revision of Patent appeal briefs comply with § 41.37 is not application. This final rule does not add Term Extension and Adjustment considered a transfer of jurisdiction any additional requirements (including Provisions Relating to Appellate Rule when an appeal brief is filed. See information collection requirements) or and Information Disclosure Statements, Revised Procedures for Appellate Brief fees for patent applicants or patentees. 76 FR 18990 (April 6, 2011), that an Review (March 29, 2010) http:// The changes to 37 CFR 1.703(b)(4) applicant should receive additional www.uspto.gov/patents/law/exam/ and (e) merely reinterpret the beginning _ _ _ patent term adjustment if the Office bpai revised procedure 20100329.pdf. and ending dates of the period of reopens prosecution and issues an Instead, this review is only a transfer of appellate review under 35 U.S.C. Office action under 35 U.S.C. 132 or a the specific responsibility of notifying 154(b)(1)(B)(ii) and 154(b)(1)(C)(iii) for notice of allowance under 35 U.S.C. 151 appellants under § 41.37(d) of the purposes of patent term adjustment after a notice of appeal has been filed reasons for non-compliance. id. As for calculations. They do not impose any but before any decision by the Board. an applicant’s ability to distort the time additional burden on applicants. The This comment suggested that the from the notice of appeal to the date change to 37 CFR 1.704(c) specifies that proposal set forth in the April 2011 jurisdiction passes under § 41.35, the the failure to file a proper appeal brief notice of proposed rulemaking is fairer Office has prevented applicant from within three months from the date on in that only meritorious appeals will be increasing the ‘‘B’’ period by adding an which a notice of appeal to the Board rewarded, and that under the latest additional applicant delay if applicant was filed, as required by 35 U.S.C. 134, proposal, meritorious appeals will not takes more than three months from the constitutes failure of an applicant to be rewarded if prosecution is reopened notice of appeal to the date of the engage in reasonable efforts to conclude after the filing of a request for continued submission of a compliant appeal brief processing or examination of an examination. The comment further under § 1.704(c)(11). An applicant, for application for purposes of patent term suggested that applicant can increase example, who obtains a five-month adjustment calculations. This revision the patent term adjustment of the ‘‘B’’ extension of time to file the appeal brief will not have a significant economic delay by distorting the time between the would have an applicant delay impact on a substantial number of small notice of appeal and the date that beginning on the day after the three- entities because: (1) Applicants are not jurisdiction passes to the Board by filing month date of the filing of the notice of entitled to patent term adjustment for

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examination delays that result from Therefore, a tribal summary impact expenditure by State, local, and tribal their delay in prosecuting the statement is not required under governments, in the aggregate, of 100 application (35 U.S.C. 154(b)(2)(C)(i) Executive Order 13175 (Nov. 6, 2000). million dollars (as adjusted) or more in and 37 CFR 1.704(a)); and (2) applicants any one year, or a Federal private sector F. Executive Order 13211 (Energy may avoid any consequences from this mandate that will result in the Effects) provision simply by filing an appeal expenditure by the private sector of 100 brief in compliance with 37 CFR 41.37 This rulemaking is not a significant million dollars (as adjusted) or more in (or filing a request for continued energy action under Executive Order any one year, and will not significantly examination under 37 CFR 1.114) 13211 because this rulemaking is not or uniquely affect small governments. within three months from the date on likely to have a significant adverse effect Therefore, no actions are necessary which a notice of appeal to Board was on the supply, distribution, or use of under the provisions of the Unfunded filed. energy. Therefore, a Statement of Energy Mandates Reform Act of 1995. See 2 For the foregoing reasons, neither of Effects is not required under Executive U.S.C. 1501 et seq. Order 13211 (May 18, 2001). the changes in this notice will have a L. National Environmental Policy Act significant economic impact on a G. Executive Order 12988 (Civil Justice substantial number of small entities. This rulemaking will not have any Reform) effect on the quality of environment and B. Executive Order 12866 (Regulatory This rulemaking meets applicable is thus categorically excluded from Planning and Review) standards to minimize litigation, review under the National This rulemaking has been determined eliminate ambiguity, and reduce burden Environmental Policy Act of 1969. See to be not significant for purposes of as set forth in sections 3(a) and 3(b)(2) 42 U.S.C. 4321 et seq. Executive Order 12866 (Sept. 30, 1993). of Executive Order 12988 (Feb. 5, 1996). M. National Technology Transfer and C. Executive Order 13563 (Improving H. Executive Order 13045 (Protection of Advancement Act Regulation and Regulatory Review) Children) The requirements of section 12(d) of The Office has complied with This rulemaking does not concern an the National Technology Transfer and Executive Order 13563. Specifically, the environmental risk to health or safety Advancement Act of 1995 (15 U.S.C. Office has, to the extent feasible and that may disproportionately affect 272 note) are not applicable because this applicable: (1) Made a reasoned children under Executive Order 13045 rulemaking does not contain provisions determination that the benefits justify (Apr. 21, 1997). which involve the use of technical the costs of the rule; (2) tailored the rule standards. I. Executive Order 12630 (Taking of to impose the least burden on society Private Property) N. Paperwork Reduction Act consistent with obtaining the regulatory objectives; (3) selected a regulatory This rulemaking will not effect a The rules of practice pertaining to approach that maximizes net benefits; taking of private property or otherwise patent term adjustment and extension (4) specified performance objectives; (5) have taking implications under have been reviewed and approved by identified and assessed available Executive Order 12630 (Mar. 15, 1988). the Office of Management and Budget (OMB) under the Paperwork Reduction alternatives; (6) involved the public in J. Congressional Review Act an open exchange of information and Act of 1995 (44 U.S.C. 3501 et seq.) perspectives among experts in relevant Under the Congressional Review Act under OMB control number 0651–0020. disciplines, affected stakeholders in the provisions of the Small Business The changes to the rules of practice in private sector and the public as a whole, Regulatory Enforcement Fairness Act of this final rule: (1) Revise the provisions and provided on-line access to the 1996 (5 U.S.C. 801 et seq.), prior to that define the beginning and ending rulemaking docket; (7) attempted to issuing any final rule, the United States dates of the period of appellate review promote coordination, simplification Patent and Trademark Office will under 35 U.S.C. 154(b)(1)(B)(ii) and and harmonization across government submit a report containing the final rule 154(b)(1)(C)(iii) to provide that this agencies and identified goals designed and other required information to the period begins on the date on which to promote innovation; (8) considered U.S. Senate, the U.S. House of jurisdiction over the application passes approaches that reduce burdens and Representatives and the Comptroller to the Board under 37 CFR 41.35; and maintain flexibility and freedom of General of the Government (2) provide that the failure to file a choice for the public; and (9) ensured Accountability Office. The changes in proper appeal brief within three months the objectivity of scientific and this notice are not expected to result in from the date on which a notice of technological information and an annual effect on the economy of 100 appeal to the Board was filed, as processes. million dollars or more, a major increase required by 35 U.S.C. 134, constitutes a in costs or prices, or significant adverse failure of an applicant to engage in D. Executive Order 13132 (Federalism) effects on competition, employment, reasonable efforts to conclude This rulemaking does not contain investment, productivity, innovation, or processing or examination of an policies with federalism implications the ability of United States-based application. This final rule does not sufficient to warrant preparation of a enterprises to compete with foreign- propose to add any additional Federalism Assessment under Executive based enterprises in domestic and requirements (including information Order 13132 (Aug. 4, 1999). export markets. Therefore, this notice is collection requirements) or fees for not expected to result in a ‘‘major rule’’ patent applicants or patentees. E. Executive Order 13175 (Tribal as defined in 5 U.S.C. 804(2). Therefore, the Office is not resubmitting Consultation) the pertinent information collection This rulemaking will not: (1) Have K. Unfunded Mandates Reform Act of package to OMB for its review and substantial direct effects on one or more 1995 approval because the changes in this Indian tribes; (2) impose substantial The changes in this notice do not notice do not affect the information direct compliance costs on Indian tribal involve a Federal intergovernmental collection requirements associated with governments; or (3) preempt tribal law. mandate that will result in the the information collections approved

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under OMB control number 0651–0020 § 1.704 Reduction of period of adjustment DATES: The date of issuance of the Flood or any other information collections. of patent term. Insurance Rate Map (FIRM) showing Notwithstanding any other provision * * * * * BFEs and modified BFEs for each of law, no person is required to respond (c) * * * community. This date may be obtained to, nor shall any person be subject to a (10) * * * by contacting the office where the maps penalty for failure to comply with, a (ii) Four months; are available for inspection as indicated collection of information subject to the (11) Failure to file an appeal brief in in the table below. requirements of the Paperwork compliance with § 41.37 of this chapter ADDRESSES: The final BFEs for each Reduction Act unless that collection of within three months from the date on community are available for inspection information displays a currently valid which a notice of appeal to the Patent at the office of the Chief Executive OMB control number. Trial and Appeal Board was filed under Officer of each community. The 35 U.S.C. 134 and § 41.31 of this respective addresses are listed in the List of Subjects in 37 CFR Part 1 chapter, in which case the period of table below. Administrative practice and adjustment set forth in § 1.703 shall be FOR FURTHER INFORMATION CONTACT: Luis procedure, Courts, Freedom of reduced by the number of days, if any, Rodriguez, Chief, Engineering information, Inventions and patents, beginning on the day after the date three Management Branch, Federal Insurance Reporting and recordkeeping months from the date on which a notice and Mitigation Administration, Federal requirements, Small businesses. of appeal to the Patent Trial and Appeal Emergency Management Agency, 500 C Board was filed under 35 U.S.C. 134 and Street SW., Washington, DC 20472, For the reasons set forth in the § 41.31 of this chapter, and ending on preamble, 37 CFR part 1 is amended as (202) 646–4064, or (email) the date an appeal brief in compliance [email protected]. follows: with § 41.37 of this chapter or a request for continued examination in SUPPLEMENTARY INFORMATION: The PART 1—RULES OF PRACTICE IN Federal Emergency Management Agency PATENT CASES compliance with § 1.114 was filed; and (12) Further prosecution via a (FEMA) makes the final determinations continuing application, in which case listed below for the modified BFEs for ■ 1. The authority citation for 37 CFR the period of adjustment set forth in each community listed. These modified Part 1 continues to read as follows: § 1.703 shall not include any period that elevations have been published in Authority: 35 U.S.C. 2(b)(2). is prior to the actual filing date of the newspapers of local circulation and ninety (90) days have elapsed since that ■ application that resulted in the patent. 2. Section 1.703 is amended by publication. The Deputy Associate revising paragraph (b)(4) and (e) to read * * * * * Administrator for Mitigation has as follows: Dated: August 13, 2012. resolved any appeals resulting from this § 1.703 Period of adjustment of patent David J. Kappos, notification. term due to examination delay. Under Secretary of Commerce for Intellectual This final rule is issued in accordance * * * * * Property and Director of the United States with section 110 of the Flood Disaster Patent and Trademark Office. Protection Act of 1973, 42 U.S.C. 4104, (b) * * * [FR Doc. 2012–20238 Filed 8–15–12; 8:45 am] and 44 CFR part 67. FEMA has (4) The number of days, if any, in the BILLING CODE 3510–16–P developed criteria for floodplain period beginning on the date on which management in floodprone areas in jurisdiction over the application passes accordance with 44 CFR part 60. to the Patent Trial and Appeal Board Interested lessees and owners of real under § 41.35(a) of this chapter and DEPARTMENT OF HOMELAND property are encouraged to review the ending on the date that jurisdiction by SECURITY proof Flood Insurance Study and FIRM the Patent Trial and Appeal Board ends available at the address cited below for Federal Emergency Management under § 41.35(b) of this chapter or the each community. The BFEs and Agency date of the last decision by a Federal modified BFEs are made final in the court in an appeal under 35 U.S.C. 141 communities listed below. Elevations at 44 CFR Part 67 or a civil action under 35 U.S.C. 145, selected locations in each community whichever is later. [Docket ID FEMA–2012–0003] are shown. * * * * * National Environmental Policy Act. (e) The period of adjustment under Final Flood Elevation Determinations This final rule is categorically excluded § 1.702(e) is the sum of the number of from the requirements of 44 CFR part days, if any, in the period beginning on AGENCY: Federal Emergency 10, Environmental Consideration. An the date on which jurisdiction over the Management Agency, DHS. environmental impact assessment has application passes to the Patent Trial ACTION: Final rule. not been prepared. and Appeal Board under § 41.35(a) of Regulatory Flexibility Act. As flood SUMMARY: this chapter and ending on the date of Base (1% annual-chance) elevation determinations are not within a final decision in favor of the applicant Flood Elevations (BFEs) and modified the scope of the Regulatory Flexibility by the Patent Trial and Appeal Board or BFEs are made final for the Act, 5 U.S.C. 601–612, a regulatory by a Federal court in an appeal under communities listed below. The BFEs flexibility analysis is not required. 35 U.S.C. 141 or a civil action under 35 and modified BFEs are the basis for the Regulatory Classification. This final U.S.C. 145. floodplain management measures that rule is not a significant regulatory action each community is required either to under the criteria of section 3(f) of * * * * * adopt or to show evidence of being Executive Order 12866 of September 30, ■ 3. Section 1.704 is amended by already in effect in order to qualify or 1993, Regulatory Planning and Review, revising paragraphs (c)(10)(ii) and remain qualified for participation in the 58 FR 51735. (c)(11) and adding paragraph (c)(12) to National Flood Insurance Program Executive Order 13132, Federalism. read as follows: (NFIP). This final rule involves no policies that

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have federalism implications under Accordingly, 44 CFR part 67 is § 67.11 [Amended] Executive Order 13132. amended as follows: Executive Order 12988, Civil Justice ■ 2. The tables published under the Reform. This final rule meets the PART 67—[AMENDED] authority of § 67.11 are amended as applicable standards of Executive Order follows: 12988. ■ 1. The authority citation for part 67 continues to read as follows: List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Maui County, Hawaii Docket No.: FEMA–B–1158

Pacific Ocean (entire shoreline Approximately 1.5 miles northwest of the intersection of ∧ 3 Maui County. of the Island of Lanai). Kaumalapau Highway and Lanai Rock Quarry Road. Approximately 1.1 miles southwest of the intersection of ∧ 55 Hulopoe Drive and Mauna Lei Drive. Pacific Ocean—Island of Maui Southeast corner of the Island of Maui, approximately 670 ∧ 4 Maui County. feet southwest of the intersection of Honoapiilani High- way and Keawe Street. Northwest corner of the Island of Maui, approximately 1.7 ∧ 79 miles southwest of the intersection of Piilani Highway and Kaupo Gap Road. Shallow Flooding (Island of Approximately 0.9 mile northwest of Apole Point ...... # 2 Maui County. Maui). Shallow Flooding (Island of Approximately 0.7 mile northwest of Apole Point ...... # 2 Maui County. Maui).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Elevation in feet (LTD). ADDRESSES Maui County Maps are available for inspection at the Maui County Planning Department, 250 South High Street, 2nd Floor, Wailuku, HI 96793.

Cumberland County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1043

Bear Creek (backwater effects From the Cumberland River confluence to approximately +551 Unincorporated Areas of from Cumberland River). 0.9 mile upstream of the Cumberland River confluence. Cumberland County. Big Renox Creek (backwater From the Cumberland River confluence to approximately +556 Unincorporated Areas of effects from Cumberland 0.8 mile upstream of the Cumberland River confluence. Cumberland County. River). Big Whetstone Creek (back- From the Cumberland River confluence to approximately +562 Unincorporated Areas of water effects from Cum- 0.5 mile upstream of the Cumberland River confluence. Cumberland County. berland River). Big Willis Creek (backwater ef- From the Cumberland River confluence to approximately +563 Unincorporated Areas of fects from Cumberland River). 1.5 miles upstream of the Cumberland River confluence. Cumberland County. Brush Creek (backwater effects From the Cumberland River confluence to approximately +558 Unincorporated Areas of from Cumberland River). 0.6 mile upstream of the Cumberland River confluence. Cumberland County. Carter Branch West (backwater From the Cumberland River confluence to approximately +540 Unincorporated Areas of effects from Cumberland 0.6 mile upstream of the Cumberland River confluence. Cumberland County. River). Casey Branch (backwater ef- From the Dale Hollow Lake confluence to approximately +663 Unincorporated Areas of fects from Dale Hollow Lake). 0.5 mile upstream of the Dale Hollow Lake confluence. Cumberland County. Cedar Creek North (backwater From the Cumberland River confluence to approximately +552 Unincorporated Areas of effects from Cumberland 0.7 mile upstream of the Cumberland River confluence. Cumberland County. River). Clover Creek (backwater effects From the Cumberland River confluence to approximately +550 Unincorporated Areas of from Cumberland River). 0.4 mile upstream of the Cumberland River confluence. Cumberland County. Cumberland River ...... Approximately 3,300 feet downstream of the Judio Creek +533 City of Burkesville, Unincor- confluence. porated Areas of Cum- berland County.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Approximately 1,500 feet upstream of the Crow Creek +568 confluence. Cumberland River Tributary 32 From the Cumberland River confluence to approximately +555 Unincorporated Areas of (backwater effects from Cum- 0.6 mile upstream of the Cumberland River confluence. Cumberland County. berland River). Cumberland River Tributary 55 From the Cumberland River confluence to approximately +541 Unincorporated Areas of (backwater effects from Cum- 1,900 feet upstream of the Cumberland River con- Cumberland County. berland River). fluence. Cumberland River Tributary 57 From the Cumberland River confluence to approximately +540 Unincorporated Areas of (backwater effects from Cum- 0.6 mile upstream of the Cumberland River confluence. Cumberland County. berland River). Dale Hollow Lake (Obey River) Entire shoreline within community ...... +663 Unincorporated Areas of Cumberland County. Fanny’s Creek (backwater ef- From the Dale Hollow Lake confluence to approximately +633 Unincorporated Areas of fects from Dale Hollow Lake). 1,400 feet upstream of the Dale Hollow Lake con- Cumberland County. fluence. Galloway Creek (backwater ef- From the Cumberland River confluence to approximately +544 Unincorporated Areas of fects from Cumberland River). 0.5 mile upstream of the Cumberland River confluence. Cumberland County. Galloway Creek Tributary 3 From the Galloway Creek confluence to approximately +544 Unincorporated Areas of (backwater effects from Cum- 1,400 feet upstream of the Galloway Creek confluence. Cumberland County. berland River). Goose Creek (backwater ef- From the Cumberland River confluence to approximately +555 Unincorporated Areas of fects from Cumberland River). 0.9 mile upstream of the Cumberland River confluence. Cumberland County. Haggard Branch (backwater ef- From the Cumberland River confluence to approximately +547 Unincorporated Areas of fects from Cumberland River). 0.9 mile upstream of the Cumberland River confluence. Cumberland County. Hendricks Creek (backwater ef- From the Dale Hollow Lake confluence to approximately +663 Unincorporated Areas of fects from Dale Hollow Lake). 600 feet upstream of the Dale Hollow Lake confluence. Cumberland County. Hoot Branch (backwater effects From the Dale Hollow Lake confluence to approximately +663 Unincorporated Areas of from Dale Hollow Lake). 950 feet upstream of the Dale Hollow Lake confluence. Cumberland County. Hoot Branch Tributary 1 (back- From the Hoot Branch confluence to approximately 1,000 +663 Unincorporated Areas of water effects from Dale Hol- feet upstream of the Hoot Branch confluence. Cumberland County. low Lake). Judio Creek (backwater effects From the Cumberland River confluence to approximately +533 Unincorporated Areas of from Cumberland River). 0.7 mile upstream of the Cumberland River confluence. Cumberland County. Lewis Creek (backwater effects From the Cumberland River confluence to approximately +554 Unincorporated Areas of from Cumberland River). 1.6 miles upstream of the Cumberland River confluence. Cumberland County. Lewis Creek Tributary 5 (back- From the Lewis Creek confluence to approximately 1,200 +554 City of Burkesville, Unincor- water effects from Cum- feet upstream of the Lewis Creek confluence. porated Areas of Cum- berland River). berland County. Little Whetstone Creek (back- From the Cumberland River confluence to approximately +562 Unincorporated Areas of water effects from Cum- 0.5 mile upstream of the Cumberland River confluence. Cumberland County. berland River). Little Willis Creek (backwater From the Big Willis Creek confluence to approximately 0.7 +563 Unincorporated Areas of effects from Cumberland mile upstream of the Big Willis Creek confluence. Cumberland County. River). Little Willis Creek Tributary 1 From the Little Willis Creek confluence to approximately +563 Unincorporated Areas of (backwater effects from Cum- 800 feet upstream of the Little Willis Creek confluence. Cumberland County. berland River). Marrowbone Creek (backwater From the Cumberland River confluence to approximately +547 Unincorporated Areas of effects from Cumberland 1,200 feet upstream of the Cumberland River con- Cumberland County. River). fluence. Mud Camp Creek (backwater From the Cumberland River confluence to approximately +539 Unincorporated Areas of effects from Cumberland 1.1 miles upstream of the Cumberland River confluence. Cumberland County. River). Otter Creek (backwater effects From the Cumberland River confluence to approximately +551 Unincorporated Areas of from Cumberland River). 0.5 mile upstream of the Cumberland River confluence. Cumberland County. Perry Cary Hollow (backwater From the Cumberland River confluence to approximately +534 Unincorporated Areas of effects from Cumberland 1,600 feet upstream of the Cumberland River con- Cumberland County. River). fluence. Potters Creek (backwater ef- From the Cumberland River confluence to approximately +545 Unincorporated Areas of fects from Cumberland River). 0.7 mile upstream of the Cumberland River confluence. Cumberland County. Raft Creek (backwater effects From the Cumberland River confluence to approximately +551 Unincorporated Areas of from Cumberland River). 0.4 mile upstream of the Cumberland River confluence. Cumberland County. Riddle Prong (backwater effects From the Dale Hollow Lake confluence to approximately +663 Unincorporated Areas of from Dale Hollow Lake). 0.6 mile upstream of the Dale Hollow Lake confluence. Cumberland County.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Sulphur Creek (backwater ef- From the Dale Hollow Lake confluence to approximately +663 Unincorporated Areas of fects from Dale Hollow Lake). 0.6 mile upstream of the Dale Hollow Lake confluence. Cumberland County. Williams Creek (backwater ef- From the Dale Hollow Lake confluence to approximately +633 Unincorporated Areas of fects from Dale Hollow Lake). 0.5 mile upstream of the Dale Hollow Lake confluence. Cumberland County.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Burkesville Maps are available for inspection at City Hall, 214 Upper River Street, Burkesville, KY 42717. Unincorporated Areas of Cumberland County Maps are available for inspection at the Cumberland County Courthouse, 600 Courthouse Square, Burkesville, KY 42717.

Grayson County, Kentucky, and Incorporated Areas Docket Nos.: FEMA–B–1098 and FEMA–B–1210

Ashcraft Branch (backwater ef- From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of fects from Rough River Lake). mately 1,525 feet upstream of the confluence with Grayson County. Rough River Lake. Big Run Branch (backwater ef- From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of fects from Rough River Lake). mately 1,805 feet downstream of the confluence with Grayson County. Big Run Branch Tributary 7. Browns Creek (backwater ef- From the confluence with the Rough River to approxi- +427 Unincorporated Areas of fects from Rough River). mately 0.4 mile downstream of Olaton Road. Grayson County. Buck Creek (backwater effects From the confluence with Caney Creek to approximately +467 Unincorporated Areas of from Caney Creek). 675 feet upstream of the confluence with Buck Creek. Grayson County. Caney Fork ...... At the confluence with North Fork ...... +427 City of Caneyville, Unincor- porated Areas of Grayson County. Approximately 875 feet downstream of North Main Street +471 Cave Creek (backwater effects From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of from Rough River Lake). mately 0.6 mile upstream of the confluence with Cave Grayson County. Creek. Conoloway Creek (backwater From the confluence with Nolin Lake to approximately +560 Unincorporated Areas of effects from Nolin Lake). 1,510 feet upstream of Huffman Road. Grayson County. Diamond Branch (backwater ef- From the confluence with the Rough River to approxi- +439 Unincorporated Areas of fects from Rough River). mately 0.8 mile upstream of the confluence with the Grayson County. Rough River. Grindstone Fork (backwater ef- From the confluence with Nolin Lake to approximately 1.6 +560 Unincorporated Areas of fects from Nolin Lake). miles upstream of the confluence with Nolin Lake. Grayson County. Hunting Fork (backwater effects From the confluence with Nolin Lake to approximately 0.5 +560 Unincorporated Areas of from Nolin Lake). mile upstream of Iberia Road. Grayson County. Jarrett Fork (backwater effects From the confluence with Caney Creek to approximately +467 Unincorporated Areas of from Caney Creek). 895 feet downstream of Walnut Grove Road. Grayson County. Laurel Branch (backwater ef- From the confluence with the Rough River Lake to ap- +524 Unincorporated Areas of fects from Rough River Lake). proximately 370 feet upstream of Clifty Church Drive. Grayson County. Little Clifty Creek (backwater ef- From the confluence with the Rough River Lake to ap- +524 Unincorporated Areas of fects from Rough River Lake). proximately 1,220 feet upstream of the confluence with Grayson County. Little Clifty Creek Tributary 12. Little Short Creek (backwater From the confluence with the Rough River to approxi- +438 Unincorporated Areas of effects from Rough River). mately 200 feet upstream of Lone Hill Road. Grayson County. Long Spring Branch (backwater From the confluence with the Rough River to approxi- +430 Unincorporated Areas of effects from Rough River). mately 0.6 mile upstream of the confluence with the Grayson County. Rough River. Mistaken Creek (backwater ef- From the confluence with the Rough River to approxi- +433 Unincorporated Areas of fects from Rough River). mately 5.0 miles upstream of Olaton Road. Grayson County. Nolin Lake ...... Entire shoreline ...... +560 Unincorporated Areas of Grayson County. Nolin River (backwater effects From the confluence with Nolin Lake to approximately 0.7 +560 Unincorporated Areas of from Nolin Lake). mile upstream of the confluence with Nolin Lake. Grayson County. North Fork ...... Approximately 1,000 feet upstream of the confluence with +472 City of Caneyville, Unincor- South Fork. porated Areas of Grayson County. Approximately at the confluence with Caney Creek ...... +472

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Person Branch (backwater ef- From the confluence with Nolin Lake to approximately 1.2 +560 Unincorporated Areas of fects from Nolin Lake). miles upstream of the confluence with Nolin Lake. Grayson County. Peter Cave Creek (backwater From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of effects from Rough River mately 0.5 mile upstream of the confluence with Rough Grayson County. Lake). River Lake. Pleasant Run (backwater ef- From the confluence with the Rough River to approxi- +445 Unincorporated Areas of fects from Rough River). mately 1.6 miles upstream of the confluence with the Grayson County. Rough River. Rock Creek (backwater effects From the confluence with Nolin Lake to approximately 500 +560 Unincorporated Areas of from Nolin Lake). feet upstream of Horntown Road. Grayson County. Rock Creek Tributary 14 (back- From the confluence with Rock Creek to approximately +560 Unincorporated Areas of water effects from Nolin 0.6 mile upstream of the confluence with Rock Creek. Grayson County. Lake). Rock Creek Tributary 15 (back- From the confluence with Nolin Lake to just downstream +560 Unincorporated Areas of water effects from Nolin of Left Fork of Rock Creek Road. Grayson County. Lake). Rough River ...... At the confluence with Browns Creek ...... +427 Unincorporated Areas of Grayson County. Just downstream of Green Farms Road ...... +446 Rough River Lake ...... Entire shoreline ...... +524 Unincorporated Areas of Grayson County. Short Creek (backwater effects From the confluence with Spring Fork to approximately +438 Unincorporated Areas of from Spring Fork). 0.7 mile upstream of the confluence with Spring Fork. Grayson County, South Barton Run (backwater From the confluence with Nolin Lake to approximately 1.0 +560 Unincorporated Areas of effects from Nolin Lake). mile upstream of the confluence with Nolin Lake. Grayson County. South Fork (backwater effects From the confluence with North Fork to approximately 925 +472 City of Caneyville, Unincor- from North Fork). feet upstream of the confluence with North Fork. porated Areas of Grayson County. Spring Fork (backwater effects From the confluence with the Rough River to just up- +438 Unincorporated Areas of from Rough River). stream of Owensboro Road. Grayson County. Stones Hollow (backwater ef- From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of fects from Rough River Lake). mately 0.4 mile upstream of the confluence with Rough Grayson County. River Lake. Taylor Fork ...... At the upstream side of Bloomington Road ...... +554 Town of Leitchfield, Unincor- porated Areas of Grayson County. Approximately 75 feet downstream of Wendell H. Ford- +560 Western Kentucky Parkway. Walter Creek (backwater effects From the confluence with the Rough River Lake to ap- +524 Unincorporated Areas of from Rough River Lake). proximately 1,010 feet downstream of Duff Road. Grayson County. West Cane Run (backwater ef- From the confluence with Caney Creek to approximately +466 Unincorporated Areas of fects from Caney Creek). 1,900 feet upstream of the confluence with Caney Grayson County. Creek. Wildcat Hollow (backwater ef- From the confluence with Rough River Lake to approxi- +524 Unincorporated Areas of fects from Rough River Lake). mately 1,680 feet upstream of the confluence with Grayson County. Rough River Lake.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Caneyville Maps are available for inspection at City Hall, 104 North Main Street, Caneyville, KY 42721. Town of Leitchfield Maps are available for inspection at 314 West White Oak Street, Leitchfield, KY 42755. Unincorporated Areas of Grayson County Maps are available for inspection at 10 Public Square, Leitchfield, KY 42754.

George County, Mississippi, and Incorporated Areas Docket No.: FEMA–B–1214

Black Creek ...... Approximately 1.7 miles downstream of State Route 57 ... +39 Unincorporated Areas of George County. Approximately 1.2 miles upstream of State Route 57 ...... +43

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Chickasawhay River ...... At the Leaf River confluence ...... +59 Unincorporated Areas of George County. Approximately 3.8 miles upstream of the Leaf River con- +61 fluence. Depot Creek ...... Approximately 1.0 mile downstream of Beaver Dam Road +141 City of Lucedale, Unincor- porated Areas of George County. Approximately 1,140 feet upstream of Depot Road ...... +189 Indian Creek ...... Approximately 0.5 mile downstream of Grain Elevator +38 Unincorporated Areas of Road. George County. Approximately 0.6 mile upstream of Grain Elevator Road +56 Leaf River ...... At the Chickasawhay River confluence ...... +59 Unincorporated Areas of George County. Approximately 3.1 miles upstream of the Chickasawhay +60 River confluence. Pascagoula River ...... Approximately 1.2 miles upstream of the Plum Bluff Cutoff +40 Unincorporated Areas of confluence. George County. Approximately 1,690 feet upstream of Merrill Salem Road +59 Red Creek ...... Approximately 1.8 miles downstream of Red Creek Road +37 Unincorporated Areas of George County. Approximately 2.9 miles upstream of Red Creek Road ..... +46

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Lucedale Maps are available for inspection at the City Clerk’s Office, 5126 Main Street, Lucedale, MS 39452. Unincorporated Areas of George County Maps are available for inspection at the George County Courthouse, 355 Cox Street, Lucedale, MS 39452.

Osage County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1210

Baileys Creek (backwater ef- From the Gasconade County boundary to approximately +530 Unincorporated Areas of fects from Missouri River). 2.07 miles upstream of the Gasconade County bound- Osage County. ary. Bear Creek (backwater effects From the Maries River confluence to approximately 700 +551 Unincorporated Areas of from Missouri River). feet upstream of County Road 610. Osage County. Cadet Creek (backwater effects From the Osage River confluence to approximately 350 +551 Unincorporated Areas of from Missouri River). feet upstream of County Road 412. Osage County. Darrow Branch (backwater ef- From the Loose Creek confluence to approximately 1,950 +544 Unincorporated Areas of fects from Missouri River). feet upstream of the Loose Creek confluence. Osage County. Deer Creek (backwater effects From approximately 400 feet upstream of the Saint Aubert +540 Unincorporated Areas of from Missouri River). Creek confluence to approximately 1.99 miles upstream Osage County. of State Route 100. Dooling Creek (backwater ef- From approximately 1,000 feet upstream of Missouri Ave- +537 City of Chamois, Unincor- fects from Missouri River). nue to approximately 750 feet downstream of State porated Areas of Osage Highway K. County. Indian Creek (backwater effects From the Maries River confluence to approximately 1,550 +551 Unincorporated Areas of from Missouri River). feet upstream of County Road 610. Osage County. Jaeger Creek (backwater ef- From the Osage River confluence to approximately 0.56 +551 Unincorporated Areas of fects from Missouri River). mile upstream of the Osage River confluence. Osage County. Loose Creek (backwater effects From the Missouri River confluence to approximately +544 Unincorporated Areas of from Missouri River). 1,250 feet upstream of the Darrow Branch confluence. Osage County. Luzon Branch (backwater ef- From the Missouri River confluence to approximately +550 Unincorporated Areas of fects from Missouri River). 1,800 feet upstream of County Road 416. Osage County. Maries River (backwater effects From the Osage River confluence to approximately 0.67 +551 Unincorporated Areas of from Missouri River). mile upstream of the Bear Creek confluence. Osage County. Missouri River ...... At the Gasconade County boundary ...... +530 City of Chamois, Unincor- porated Areas of Osage County. At the Cole County boundary ...... +551 Osage River (backwater effects Approximately 9 miles upstream of U.S. Route 50 ...... +542 Unincorporated Areas of from Missouri River). Osage County. At the Missouri River confluence ...... +547

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

Owl Creek (backwater effects From approximately 0.78 mile downstream of County +542 Unincorporated Areas of from Missouri River). Road 435 to approximately 775 feet downstream of Osage County. County Road 435. Saint Aubert Creek (backwater From approximately 1.18 miles upstream of the Deer +541 Unincorporated Areas of effects from Missouri River). Creek confluence to approximately 1,350 feet down- Osage County. stream of County Road 435. South Fork Cadet Creek (back- From the Cadet Creek confluence to approximately 0.88 +551 Unincorporated Areas of water effects from Missouri mile upstream of the Cadet Creek confluence. Osage County. River).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Chamois Maps are available for inspection at City Hall, 200 South Main Street, Chamois, MO 65024. Unincorporated Areas of Osage County Maps are available for inspection at the Osage County Courthouse, 205 East Main Street, Linn, MO 65051.

Lewis and Clark County, Montana, and Incorporated Areas Docket Nos.: FEMA–B–1010 and FEMA–B–1204

Silver Creek ...... Approximately 200 feet downstream of I–15 ...... +3695 Unincorporated Areas of Lewis And Clark County. At Applegate Drive ...... +3765 Silver Creek Overflow (D2 Approximately 170 feet downstream of I–15 Frontage +3687 Unincorporated Areas of Ditch). Road. Lewis And Clark County. Approximately 0.38 mile upstream of North Montana Ave- +3712 nue. Silver Creek Overflow (Ryanns Approximately 210 feet downstream of North Montana Av- +3710 Unincorporated Areas of Lane). enue. Lewis And Clark County. Approximately 75 feet upstream of North Montana Avenue +3713 Tenmile Creek ...... Approximately 3,000 feet upstream of East Sierra Road ... +3708 City of Helena, Unincor- porated Areas of Lewis And Clark County. Approximately 50 feet downstream of Blue Cloud Bridge .. +4093

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Helena Maps are available for inspection at 316 North Park Avenue, Helena, MT 59623. Unincorporated Areas of Lewis And Clark County Maps are available for inspection at 221 Breckenridge Street, Helena, MT 59623.

Morgan County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1210

Bald Eagle Run (backwater ef- Approximately 0.5 mile east of Riverview Road (at the +653 Village of Stockport. fects from Muskingum River). northern Village of Stockport corporate limit). Approximately 1,000 feet east of Riverview Road (at the +653 northern Village of Stockport corporate limit). Bell Creek ...... At the Muskingum River confluence ...... +665 Unincorporated Areas of Morgan County, Village of McConnelsville. Approximately 0.8 mile upstream of North 7th Street ...... +740 Muskingum River ...... Approximately 0.4 mile downstream of State Route 266 ... +651 Village of Stockport. Approximately 1,600 feet upstream of State Route 266 .... +653 Turkey Run (backwater effects Approximately 300 feet east of East River Road (At the +651 Village of Stockport. from Muskingum River). southern Village of Stockport corporate limit).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in feet (LTD) Modified

∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Morgan County Maps are available for inspection at the Reicker Building, 155 East Main Street, Room 208, McConnelsville, OH 43756. Village of McConnelsville Maps are available for inspection at 9 West Main Street, McConnelsville, OH 43756. Village of Stockport Maps are available for inspection at 1685 Broadway Street, Stockport, OH 43787.

Somerset County, Pennsylvania (All Jurisdictions) Docket No.: FEMA–B–1130

Casselman River ...... Approximately 858 feet upstream of Robert Brown Road .. +1333 Township of Addison. Approximately 1.25 miles upstream of Robert Brown Road +1386 Casselman River ...... Approximately 1.33 miles downstream of U.S. Route 219 +1945 Township of Summit. (Mason Dixon Highway). Approximately 540 feet downstream of Cuba Street ...... +1952 East Branch Coxes Creek ...... Approximately 473 feet upstream of the Pennsylvania +2107 Township of Somerset. Turnpike. Approximately 593 feet upstream of the Pennsylvania +2107 Turnpike. Laurel Hill Creek ...... Approximately 0.43 mile upstream of the Park Street +1330 Township of Lower Bridge. Turkeyfoot. Approximately 0.67 mile upstream of Park Street ...... +1332 Paint Creek ...... Approximately 688 feet downstream of Main Street ...... +1623 Borough of Paint. Approximately 595 feet downstream of Main Street ...... +1629 Stonycreek River ...... Approximately 330 feet downstream of the confluence +1543 Borough of Benson. with Quemahoning Creek. Approximately 140 feet upstream of the confluence with +1543 Quemahoning Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Borough of Benson Maps are available for inspection at the Benson Borough Building, 118 Main Street, Hollsopple, PA 15935. Borough of Paint Maps are available for inspection at the Paint Borough Building, 2044 Centennial Drive, Windber, PA 15963. Township of Addison Maps are available for inspection at the Addison Township Building, 343 High Point Road, Fort Hill, PA 15540. Township of Lower Turkeyfoot Maps are available for inspection at the Lower Turkeyfoot Township Building, 2584 Jersey Hollow Road, Confluence, PA 15424. Township of Somerset Maps are available for inspection at the Township Building, 2209 North Center Avenue, Somerset, PA 15501. Township of Summit Maps are available for inspection at the Summit Township Office, 192 Township Office Road, Meyersdale, PA 15552.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND ACTION: Final rule. 97.022, ‘‘Flood Insurance.’’) SECURITY Dated: August 1, 2012. SUMMARY: Base (1% annual-chance) Federal Emergency Management Flood Elevations (BFEs) and modified Sandra K. Knight, Agency Deputy Associate Administrator for BFEs are made final for the communities listed below. The BFEs Mitigation, Department of Homeland 44 CFR Part 67 Security, Federal Emergency Management and modified BFEs are the basis for the floodplain management measures that Agency. [Docket ID FEMA–2012–0003] [FR Doc. 2012–20146 Filed 8–15–12; 8:45 am] each community is required either to BILLING CODE 9110–12–P Final Flood Elevation Determinations adopt or to show evidence of being already in effect in order to qualify or AGENCY: Federal Emergency remain qualified for participation in the Management Agency, DHS.

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National Flood Insurance Program Administrator for Mitigation has Executive Order 12866 of September 30, (NFIP). resolved any appeals resulting from this 1993, Regulatory Planning and Review, DATES: The date of issuance of the Flood notification. 58 FR 51735. Insurance Rate Map (FIRM) showing This final rule is issued in accordance Executive Order 13132, Federalism. BFEs and modified BFEs for each with section 110 of the Flood Disaster This final rule involves no policies that community. This date may be obtained Protection Act of 1973, 42 U.S.C. 4104, have federalism implications under by contacting the office where the maps and 44 CFR part 67. FEMA has Executive Order 13132. are available for inspection as indicated developed criteria for floodplain Executive Order 12988, Civil Justice in the table below. management in floodprone areas in Reform. This final rule meets the accordance with 44 CFR part 60. ADDRESSES: The final BFEs for each applicable standards of Executive Order Interested lessees and owners of real community are available for inspection 12988. property are encouraged to review the at the office of the Chief Executive proof Flood Insurance Study and FIRM List of Subjects in 44 CFR Part 67 Officer of each community. The available at the address cited below for respective addresses are listed in the Administrative practice and each community. The BFEs and table below. procedure, Flood insurance, Reporting modified BFEs are made final in the FOR FURTHER INFORMATION CONTACT: and recordkeeping requirements. Luis communities listed below. Elevations at Rodriguez, Chief, Engineering selected locations in each community Accordingly, 44 CFR part 67 is Management Branch, Federal Insurance are shown. amended as follows: and Mitigation Administration, Federal National Environmental Policy Act. Emergency Management Agency, 500 C This final rule is categorically excluded PART 67—[AMENDED] Street SW., Washington, DC 20472, from the requirements of 44 CFR part (202) 646–4064, or (email) 10, Environmental Consideration. An ■ 1. The authority citation for part 67 [email protected]. environmental impact assessment has continues to read as follows: SUPPLEMENTARY INFORMATION: The not been prepared. Authority: 42 U.S.C. 4001 et seq.; Federal Emergency Management Agency Regulatory Flexibility Act. As flood Reorganization Plan No. 3 of 1978, 3 CFR, (FEMA) makes the final determinations elevation determinations are not within 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, listed below for the modified BFEs for the scope of the Regulatory Flexibility 3 CFR, 1979 Comp., p. 376. each community listed. These modified Act, 5 U.S.C. 601–612, a regulatory § 67.11 [Amended] elevations have been published in flexibility analysis is not required. newspapers of local circulation and Regulatory Classification. This final ■ 2. The tables published under the ninety (90) days have elapsed since that rule is not a significant regulatory action authority of § 67.11 are amended as publication. The Deputy Associate under the criteria of section 3(f) of follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) State City/town/county Source of flooding Location # Depth in feet above ground ∧ Elevation in meters (MSL) Modified

Unincorporated Areas of Chickasaw County, Iowa Docket No.: FEMA–B–1208

Iowa ...... Unincorporated Areas of Chickasaw Little Cedar River Approximately 1,200 feet upstream of +962 County. (backwater effects the Cedar River confluence. from Cedar River)...... Approximately 100 feet upstream of +962 Beumont Way.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Chickasaw County Maps are available for inspection at the Chickasaw County Courthouse, 8 East Prospect Street, New Hampton, IA 50659.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding Source(s) Location of Referenced Elevation above ground Communities affected ∧ Elevation in meters (MSL) Modified

Pima County, Arizona, and Incorporated Areas Docket No.: FEMA–B–1220

Agua Caliente Split Flow ...... Approximately 1,500 feet upstream of the Tanque Verde +2583 Unincorporated Areas of Creek confluence. Pima County. Approximately 500 feet downstream of the Agua Caliente +2593 Wash divergence. Agua Caliente Spur Flow...... Approximately 0.5 mile downstream of East Tanque +2593 Unincorporated Areas of Verde Road. Pima County. Approximately 0.4 mile upstream of East Tanque Verde +2624 Road. Agua Caliente Wash ...... Approximately 130 feet downstream of North Bonanza Av- +2567 City of Tucson, Unincor- enue. porated Areas of Pima County. Approximately 700 feet upstream of Horse Head Road ..... +2805

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Tucson Maps are available for inspection at the Planning and Development Services Department, 201 North Stone Avenue, 3rd Floor, Tucson, AZ 85701. Unincorporated Areas of Pima County Maps are available for inspection at the Pima County Flood Control District, 97 East Congress Street, 3rd Floor, Tucson, AZ 85701.

Polk County, Florida, and Incorporated Areas Docket No.: FEMA–B–1184

Lake B—ICPR Node Lake B .... Entire shoreline ...... +67 Unincorporated Areas of Polk County. Lake Marion Creek ...... Approximately 1 mile upstream of the Lake Hatchineha +57 Unincorporated Areas of confluence. Polk County. At the Lake Marion Creek Outlet and Snell Creek con- +67 fluence. Lake Marion Creek Outlet ...... At the Lake Marion Creek and Snell Creek confluence ..... +67 Unincorporated Areas of Polk County. At the Lake Marion confluence ...... +68 Lake Polk—ICPR Node Lake Entire shoreline ...... +67 Unincorporated Areas of Polk. Polk County. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A1. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A10. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A11. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A12. London Creek Watershed Entire shoreline ...... +63 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A13. London Creek Watershed Entire shoreline ...... +68 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A2. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A20. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A21.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding Source(s) Location of Referenced Elevation above ground Communities affected ∧ Elevation in meters (MSL) Modified

London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A22. London Creek Watershed Entire shoreline ...... +67 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A3. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A5. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A6. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A7. London Creek Watershed Entire shoreline ...... +63 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A8. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28A9. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B1. London Creek Watershed Entire shoreline ...... +66 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B11. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B12. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B15. London Creek Watershed Entire shoreline ...... +63 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B16. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B5. London Creek Watershed Entire shoreline ...... +70 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28B6. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28C11. London Creek Watershed Entire shoreline ...... +66 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28C12. London Creek Watershed Entire shoreline ...... +66 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28C20. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28C8. London Creek Watershed Entire shoreline ...... +67 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28C9. London Creek Watershed Entire shoreline ...... +67 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D1. London Creek Watershed Entire shoreline ...... +64 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D10.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding Source(s) Location of Referenced Elevation above ground Communities affected ∧ Elevation in meters (MSL) Modified

London Creek Watershed Entire shoreline ...... +67 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D11. London Creek Watershed Entire shoreline ...... +67 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D2. London Creek Watershed Entire shoreline ...... +66 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D3. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D4. London Creek Watershed Entire shoreline ...... +66 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D5. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D6. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D7. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D8. London Creek Watershed Entire shoreline ...... +65 Unincorporated Areas of Unnamed Pond—ICPR Node Polk County. 28D9. London Creek Watershed Entire wetland area ...... +68 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W1. London Creek Watershed Entire wetland area ...... +68 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W10. London Creek Watershed Entire wetland area ...... +67 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W12. London Creek Watershed Entire wetland area ...... +67 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W13. London Creek Watershed Entire wetland area ...... +67 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W28. London Creek Watershed Entire wetland area ...... +66 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W35. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W36. London Creek Watershed Entire wetland area ...... +64 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W39. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W43. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W43A. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W43B. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W43C.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding Source(s) Location of Referenced Elevation above ground Communities affected ∧ Elevation in meters (MSL) Modified

London Creek Watershed Entire wetland area ...... +65 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W45. London Creek Watershed Entire wetland area ...... +63 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W61. London Creek Watershed Entire wetland area ...... +66 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W64. London Creek Watershed Entire wetland area ...... +65 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W65. London Creek Watershed Entire wetland area ...... +65 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W72. London Creek Watershed Entire wetland area ...... +64 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W74. London Creek Watershed Entire wetland area ...... +68 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W9. London Creek Watershed Entire wetland area ...... +66 Unincorporated Areas of Unnamed Wetland Area— Polk County. ICPR Node 28W91. Snell Creek ...... At the Lake Marion Creek and Lake Marion Creek Outlet +67 Unincorporated Areas of confluence. Polk County. Approximately 1.5 miles upstream of Cypress Parkway .... +72

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Polk County Maps are available for inspection at 330 West Church Street, Bartow, FL 33830.

Alcona County, Michigan (All Jurisdictions) Docket No.: FEMA–B–1208

Lake Huron ...... Entire shoreline within community ...... +583 City of Harrisville, Township of Alcona, Township of Harrisville, Township of Haynes.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Harrisville Maps are available for inspection at City Hall, 200 5th Street, Harrisville, MI 48740. Township of Alcona Maps are available for inspection at the Alcona Township Hall, 5576 North U.S. Route 23, Black River, MI 48721 Township of Harrisville Maps are available for inspection at the Township Hall, 114 South Poor Farm Road, Harrisville, MI 48740. Township of Haynes Maps are available for inspection at the Haynes Township Hall, 3930 East McNeill Road, Lincoln, MI 48742.

Jackson County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1210

Black River ...... Approximately 0.94 mile downstream of County Highway +831 Ho-Chunk Nation. K. Approximately 0.48 mile downstream of County Highway +833 K.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet Flooding Source(s) Location of Referenced Elevation above ground Communities affected ∧ Elevation in meters (MSL) Modified

Trempealeau River ...... Approximately 0.41 mile upstream of the French Creek +875 Village of Taylor. confluence. Approximately 0.39 mile upstream of Bridge Street ...... +882

(Catalog of Federal Domestic Assistance No. are available for inspection as indicated National Environmental Policy Act. 97.022, ‘‘Flood Insurance.’’) in the table below. This final rule is categorically excluded Dated: August 1, 2012. ADDRESSES: The final BFEs for each from the requirements of 44 CFR part Sandra K. Knight, community are available for inspection 10, Environmental Consideration. An Deputy Associate Administrator for at the office of the Chief Executive environmental impact assessment has Mitigation, Department of Homeland Officer of each community. The not been prepared. Security, Federal Emergency Management respective addresses are listed in the Regulatory Flexibility Act. As flood Agency. table below. elevation determinations are not within the scope of the Regulatory Flexibility [FR Doc. 2012–20134 Filed 8–15–12; 8:45 am] FOR FURTHER INFORMATION CONTACT: Luis BILLING CODE 9110–12–P Act, 5 U.S.C. 601–612, a regulatory Rodriguez, Chief, Engineering flexibility analysis is not required. Management Branch, Federal Insurance Regulatory Classification. This final and Mitigation Administration, Federal rule is not a significant regulatory action DEPARTMENT OF HOMELAND Emergency Management Agency, 500 C SECURITY under the criteria of section 3(f) of Street SW., Washington, DC 20472, Executive Order 12866 of September 30, Federal Emergency Management (202) 646–4064, or (email) 1993, Regulatory Planning and Review, Agency [email protected]. 58 FR 51735. SUPPLEMENTARY INFORMATION: The Executive Order 13132, Federalism. 44 CFR Part 67 Federal Emergency Management Agency This final rule involves no policies that (FEMA) makes the final determinations have federalism implications under [Docket ID FEMA–2012–0003] listed below for the modified BFEs for Executive Order 13132. each community listed. These modified Executive Order 12988, Civil Justice Final Flood Elevation Determinations elevations have been published in Reform. This final rule meets the newspapers of local circulation and applicable standards of Executive Order AGENCY: Federal Emergency ninety (90) days have elapsed since that 12988. Management Agency, DHS. publication. The Deputy Associate List of Subjects in 44 CFR Part 67 ACTION: Final rule. Administrator for Mitigation has resolved any appeals resulting from this Administrative practice and SUMMARY: Base (1% annual-chance) notification. procedure, Flood insurance, Reporting Flood Elevations (BFEs) and modified This final rule is issued in accordance and recordkeeping requirements. BFEs are made final for the with section 110 of the Flood Disaster Accordingly, 44 CFR part 67 is communities listed below. The BFEs Protection Act of 1973, 42 U.S.C. 4104, amended as follows: and modified BFEs are the basis for the and 44 CFR part 67. FEMA has PART 67—[AMENDED] floodplain management measures that developed criteria for floodplain each community is required either to management in floodprone areas in ■ adopt or to show evidence of being 1. The authority citation for part 67 accordance with 44 CFR part 60. continues to read as follows: already in effect in order to qualify or Interested lessees and owners of real remain qualified for participation in the Authority: 42 U.S.C. 4001 et seq.; property are encouraged to review the Reorganization Plan No. 3 of 1978, 3 CFR, National Flood Insurance Program proof Flood Insurance Study and FIRM (NFIP). 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, available at the address cited below for 3 CFR, 1979 Comp., p. 376. DATES: The date of issuance of the Flood each community. The BFEs and Insurance Rate Map (FIRM) showing modified BFEs are made final in the § 67.11 [Amended] BFEs and modified BFEs for each communities listed below. Elevations at ■ 2. The tables published under the community. This date may be obtained selected locations in each community authority of § 67.11 are amended as by contacting the office where the maps are shown. follows:

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) State City/town/county Source of flooding Location # Depth in feet above ground ∧ Elevation in meters (MSL) Modified

Unincorporated Areas of Mingo County, West Virginia Docket No.: FEMA–B–1208

West Virginia ...... Unincorporated Areas Mate Creek ...... Approximately 0.21 mile downstream of +706 of Mingo County. Norfolk & Western Railway (immediately downstream of County Route 9).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Mingo County Maps are available for inspection at the Mingo County Floodplain Management Office, 75 East 2nd Avenue, Room 325, Williamson, WV 25661.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modi- fied

Chicot County, Arkansas, and Incorporated Areas Docket No.: FEMA–B–1087

Flooding effects of Caney Approximately 0.55 mile north of the intersection of Grant +110 City of Eudora. Bayou. Street and Beouff Street. Approximately 1,035 feet south of the intersection of +110 Camille Street and Lee Street. Macon Bayou ...... Just upstream of Private Road ...... +108 City of Eudora. Just upstream of Verser Road ...... +108

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Eudora Maps are available for inspection at City Hall, 239 South Main Street, Eudora, AR 71640.

Logan County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1117

Proctor Branch ...... Approximately 400 feet upstream of Bismarck Lane ...... +525 City of Russellville, Unincor- porated Areas of Logan County. Approximately 0.3 mile upstream of the confluence with +599 Proctor Branch Tributary A. Proctor Branch Tributary A ...... Just upstream of the confluence with Proctor Branch ...... +585 City of Russellville. Approximately 1,100 feet upstream of the confluence with +601 Proctor Branch. Proctor Branch Tributary B ...... At the confluence with Proctor Branch ...... +579 City of Russellville, Unincor- porated Areas of Logan County. Approximately 200 feet downstream of Hi-View Drive ...... +592 Town Branch ...... Approximately 800 feet downstream of Concord Road ...... +517 City of Russellville, Unincor- porated Areas of Logan County. Just downstream of Newton Road ...... +563 Just upstream of West 9th Street (U.S. Route 431) ...... +621 Approximately 1,900 feet upstream of West 9th Street +623 (U.S. Route 431).

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modi- fied

Town Branch Tributary D ...... Approximately 350 feet upstream of the confluence with +607 Unincorporated Areas of Town Branch Tributary E. Logan County. Approximately 700 feet upstream of Warren Road ...... +643

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Russellville Maps are available for inspection at 168 South Main Street, Russellville, KY 42276. Unincorporated Areas of Logan County Maps are available for inspection at 299 West 3rd Street, Russellville, KY 42276.

Madison County, Kentucky, and Incorporated Areas Docket No.: FEMA–B–1101

Brushy Fork ...... At the confluence with Silver Creek ...... +922 City of Berea, Unincor- porated Areas of Madison County. Approximately 305 feet upstream of Mt. Vernon Road ...... +976 Calloway Creek (backwater ef- From the confluence with the Kentucky River to approxi- +590 Unincorporated Areas of fects from Kentucky River). mately 3,680 feet upstream of the confluence with the Madison County. Kentucky River. Clear Creek 1 (backwater ef- From the confluence with Muddy Creek to approximately +600 Unincorporated Areas of fects from Kentucky River). 635 feet upstream of Doylesville Road. Madison County. Dreaming Creek Tributary ...... At the confluence with Dreaming Creek ...... +837 City of Richmond, Unincor- porated Areas of Madison County. Approximately 0.7 mile upstream of Old Wilderness Trail +917 Drowning Creek (backwater ef- From the confluence with the Kentucky River to approxi- +620 Unincorporated Areas of fects from Kentucky River). mately 845 feet upstream of the confluence with Drown- Madison County. ing Creek Tributary 3. Drowning Creek Tributary 3 From the confluence with Drowning Creek to approxi- +620 Unincorporated Areas of (backwater effects from Ken- mately 1,245 feet upstream of the confluence with Madison County. tucky River). Drowning Creek. East Fork Silver Creek (back- From the confluence with Silver Creek to approximately +843 City of Berea, Unincor- water effects from Silver 80 feet upstream of Gabbard Town Road. porated Areas of Madison Creek). County. Falling Branch (backwater ef- From the confluence with the Kentucky River to approxi- +619 Unincorporated Areas of fects from Kentucky River). mately 0.5 mile upstream of the confluence with the Madison County. Kentucky River. Flint Creek (backwater effects From the confluence with the Kentucky River to approxi- +615 Unincorporated Areas of from Kentucky River). mately 0.5 mile upstream of the confluence with the Madison County. Kentucky River. Hines Creek (backwater effects From the confluence with the Kentucky River to approxi- +586 Unincorporated Areas of from Kentucky River). mately 2,284 feet upstream of the confluence with the Madison County. Kentucky River. Jacks Creek (backwater effects From the confluence with the Kentucky River to approxi- +585 Unincorporated Areas of from Kentucky River). mately 2,120 feet upstream of the confluence with the Madison County. Kentucky River. Kentucky River ...... At the confluence with Paint Lick Creek ...... +573 Unincorporated Areas of Madison County. At the confluence with Drowning Creek ...... +620 Kentucky River Tributary 3 From the confluence with the Kentucky River to approxi- +618 Unincorporated Areas of (backwater effects from Ken- mately 0.8 mile upstream of the confluence with the Madison County. tucky River). Kentucky River. Muddy Creek (backwater ef- From the confluence with the Kentucky River to approxi- +600 Unincorporated Areas of fects from Kentucky River). mately 0.6 mile upstream of Doylesville Road. Madison County. Old Town Branch (backwater From the confluence with Taylor Fork to approximately +829 Unincorporated Areas of effects from Taylor Fork). 1,950 feet upstream of the confluence with Taylor Fork. Madison County. Otter Creek ...... Approximately 0.7 mile downstream of Four Mile Road ..... +800 City of Richmond, Unincor- porated Areas of Madison County. Just upstream of Catalpa Loop ...... +843

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modi- fied

Otter Creek (backwater effects From the confluence with the Kentucky River to approxi- +594 Unincorporated Areas of from Kentucky River). mately 680 feet upstream of Boonesborough Road. Madison County. Otter Creek Tributary 1 ...... At the confluence with Otter Creek ...... +843 City of Richmond, Unincor- porated Areas of Madison County. Just downstream of Big Hill Avenue ...... +890 Otter Creek Tributary 2 ...... At the confluence with Otter Creek ...... +814 City of Richmond, Unincor- porated Areas of Madison County. Approximately 755 feet upstream of Douglas Court ...... +895 Paint Lick Creek (backwater ef- From the confluence with the Kentucky River to approxi- +573 Unincorporated Areas of fects from Kentucky River). mately 1,135 feet downstream of the confluence with Madison County. Sledd Branch. Rocky Lick Branch (backwater From the confluence with Muddy Creek to approximately +600 Unincorporated Areas of effects from Kentucky River). 430 feet downstream of Walker Parke Road. Madison County. Silver Creek ...... Just downstream of Richmond Road North ...... +904 City of Berea, Unincor- porated Areas of Madison County. Approximately 525 feet upstream of KY–21 ...... +944 Silver Creek (backwater effects From the confluence with the Kentucky River to approxi- +576 Unincorporated Areas of from Kentucky River). mately 813 feet upstream of the confluence with Jack- Madison County. son Branch. Stony Fork (backwater effects From the confluence with the Kentucky River to approxi- +577 Unincorporated Areas of from Kentucky River). mately 858 feet upstream of Whitlock Road. Madison County. Tate Creek (backwater effects From the confluence with the Kentucky River to just up- +583 City of Richmond, Unincor- from Kentucky River). stream of Tates Creek Road. porated Areas of Madison County. Taylor Fork ...... Approximately 0.5 mile upstream of Curtis Pike ...... +829 City of Richmond, Unincor- porated Areas of Madison County. Approximately 0.7 mile upstream of the confluence with +970 Taylor Fork Tributary 1. Taylor Fork Tributary 1 ...... At the confluence with Taylor Fork ...... +930 City of Richmond, Unincor- porated Areas of Madison County. Approximately 0.5 mile upstream of the confluence with +978 Taylor Fork. Taylor Fork Tributary 2 ...... At the confluence with Taylor Fork ...... +884 City of Richmond, Unincor- porated Areas of Madison County. Approximately 100 feet downstream of Vickers Drive ...... +958 Taylor Fork Tributary 2A ...... At the confluence with Taylor Fork Tributary 2 ...... +897 City of Richmond, Unincor- porated Areas of Madison County. Approximately 1,775 feet upstream of the confluence with +929 Taylor Fork Tributary 2. Taylor Fork Tributary 3 ...... At the confluence with Taylor Fork ...... +878 City of Richmond, Unincor- porated Areas of Madison County. Approximately 0.5 mile upstream of the confluence with +931 Taylor Fork. Taylor Fork Tributary 4 ...... At the confluence with Taylor Fork ...... +874 City of Richmond, Unincor- porated Areas of Madison County. Approximately 0.4 mile upstream of the confluence with +928 Taylor Fork. Taylor Fork Tributary 5 ...... At the confluence with Taylor Fork ...... +865 City of Richmond, Unincor- porated Areas of Madison County. Approximately 200 feet upstream of Alycia Drive ...... +916 Taylor Fork Tributary 6 ...... At the confluence with Taylor Fork ...... +834 City of Richmond, Unincor- porated Areas of Madison County. Approximately 850 feet upstream of Idylwild Court ...... +944

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modi- fied

Taylor Fork Tributary 7 ...... At the confluence with Taylor Fork ...... +829 City of Richmond, Unincor- porated Areas of Madison County. Approximately 1,855 feet upstream of the confluence with +843 Taylor Fork. Terrill Branch (backwater ef- From the confluence with Silver Creek to approximately +911 City of Berea, Unincor- fects from Silver Creek). 0.4 mile upstream of the confluence with Silver Creek. porated Areas of Madison County. Upper Tate Creek ...... Approximately 310 feet downstream of Finney Fork Road +784 City of Richmond, Unincor- porated Areas of Madison County. Approximately 945 feet upstream of Stocker Drive ...... +928 Walnut Meadow Branch ...... Approximately 460 feet downstream of Guynn Road ...... +893 City of Berea, Unincor- porated Areas of Madison County. Approximately 640 feet upstream of Ginger Drive ...... +935

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Berea Maps are available for inspection at 212 Chestnut Street, Berea, KY 40403. City of Richmond Maps are available for inspection at 239 West Main Street, Richmond, KY 40475. Unincorporated Areas of Madison County Maps are available for inspection at 101 West Main Street, Richmond, KY 40475.

Carroll County, Missouri, and Incorporated Areas Docket No.: FEMA–B–1169

Big Creek (backwater effects From the Grand River confluence to approximately 2.7 +649 Unincorporated Areas of from Missouri River). miles upstream of County Road 335. Carroll County. Grand River (backwater effects From the Missouri River confluence to the upstream side +649 Unincorporated Areas of from Missouri River). of the railroad. Carroll County. Missouri River ...... At the Grand River confluence ...... +645 City of Dewitt, City of Norborne, Town of Carrollton, Unincorporated Areas of Carroll County. At the Ray County boundary ...... +689

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Dewitt Maps are available for inspection at the Carroll County Courthouse, 8 South Main Street, Suite 6, Carrollton, MO 64633. City of Norborne Maps are available for inspection at City Hall, 109 East 2nd Street, Norborne, MO 64668. Town of Carrollton Maps are available for inspection at City Hall, 206 West Washington Avenue, Carrollton, MO 64633. Unincorporated Areas of Carroll County Maps are available for inspection at the Carroll County Courthouse, 8 South Main Street, Suite 6, Carrollton, MO 64633.

Juniata County, Pennsylvania (All Jurisdictions) Docket No.: FEMA–B–1207

Susquehanna River ...... At the downstream Northumberland County boundary ...... +403 Township of Susquehanna. At the West Mahantango Creek confluence ...... +405 Tuscarora Creek ...... Approximately 0.9 mile upstream of Groninger Valley +445 Township of Spruce Hill. Road. Approximately 3.1 miles upstream of Groninger Valley +461 Road.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modi- fied

West Mahantango Creek ...... At the Susquehanna River confluence ...... +405 Township of Susquehanna. Approximately 60 feet downstream of Old Trail Road ...... +407

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Township of Spruce Hill Maps are available for inspection at the Spruce Hill Township Secretary’s Office, 727 Half Moon Road, Port Royal, PA 17082. Township of Susquehanna Maps are available for inspection at the Susquehanna Township Hall, 358 Fairground Road, Liverpool, PA 17045.

Harrison County, West Virginia, and Incorporated Areas Docket No.: FEMA–B–1210

Bingamon Creek (backwater ef- At the West Fork River confluence ...... +902 Unincorporated Areas of fects from West Fork River). Harrison County. Approximately 1.53 miles upstream of the West Fork +902 River confluence. Booths Creek ...... At the Marion County boundary ...... +959 Unincorporated Areas of Harrison County. At the Thomas Fork confluence ...... +1000 Tenmile Creek (backwater ef- At the West Fork River confluence ...... +921 Town of Lumberport. fects from West Fork River). Approximately 1.45 miles upstream of West Fork River +921 confluence. Thomas Fork ...... At the Booths Creek confluence ...... +1000 City of Bridgeport, Unincor- porated Areas of Harrison County. Approximately 420 feet downstream of Benedum Road .... +1060 West Fork River ...... At the upstream side of State Route 20 ...... +921 Town of Lumberport. At the Tenmile Creek confluence ...... +921 West Fork River ...... Approximately 0.45 mile downstream of Water Street ...... +972 Town of West Milford. Approximately 0.47 mile upstream of West Milford Dam ... +975

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bridgeport Maps are available for inspection at City Hall, 515 West Main Street, Bridgeport, WV 26330. Town of Lumberport Maps are available for inspection at the Town Hall, 200 Main Street, Lumberport, WV 26386. Town of West Milford Maps are available for inspection at the Town Hall, 925 Liberty Street, West Milford, WV 26451. Unincorporated Areas of Harrison County Maps are available for inspection at the Harrison County Courthouse, 301 West Main Street, Clarksburg, WV 26301.

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(Catalog of Federal Domestic Assistance ADDRESSES: The final BFEs for each 10, Environmental Consideration. An No. 97.022, ‘‘Flood Insurance.’’) community are available for inspection environmental impact assessment has Dated: August 1, 2012. at the office of the Chief Executive not been prepared. Sandra K. Knight, Officer of each community. The Regulatory Flexibility Act. As flood Deputy Associate Administrator for respective addresses are listed in the elevation determinations are not within Mitigation, Department of Homeland table below. the scope of the Regulatory Flexibility Security, Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Luis Act, 5 U.S.C. 601–612, a regulatory Agency. Rodriguez, Chief, Engineering flexibility analysis is not required. [FR Doc. 2012–20136 Filed 8–15–12; 8:45 am] Management Branch, Federal Insurance Regulatory Classification. This final BILLING CODE 9110–12–P and Mitigation Administration, Federal rule is not a significant regulatory action Emergency Management Agency, 500 C under the criteria of section 3(f) of Street SW., Washington, DC 20472, Executive Order 12866 of September 30, DEPARTMENT OF HOMELAND (202) 646–4064, or (email) Luis. 1993, Regulatory Planning and Review, SECURITY [email protected]. 58 FR 51735. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Executive Order 13132, Federalism. Agency Federal Emergency Management Agency (FEMA) makes the final determinations This final rule involves no policies that have federalism implications under 44 CFR Part 67 listed below for the modified BFEs for each community listed. These modified Executive Order 13132. [Docket ID FEMA–2012–0003] elevations have been published in Executive Order 12988, Civil Justice newspapers of local circulation and Reform. This final rule meets the Final Flood Elevation Determinations ninety (90) days have elapsed since that applicable standards of Executive Order AGENCY: Federal Emergency publication. The Deputy Associate 12988. Management Agency, DHS. Administrator for Mitigation has List of Subjects in 44 CFR Part 67 ACTION: Final rule. resolved any appeals resulting from this notification. Administrative practice and SUMMARY: Base (1% annual-chance) This final rule is issued in accordance procedure, Flood insurance, Reporting Flood Elevations (BFEs) and modified with section 110 of the Flood Disaster and recordkeeping requirements. BFEs are made final for the Protection Act of 1973, 42 U.S.C. 4104, communities listed below. The BFEs and 44 CFR part 67. FEMA has Accordingly, 44 CFR part 67 is and modified BFEs are the basis for the developed criteria for floodplain amended as follows: floodplain management measures that management in floodprone areas in PART 67—[AMENDED] each community is required either to accordance with 44 CFR part 60. adopt or to show evidence of being Interested lessees and owners of real ■ already in effect in order to qualify or property are encouraged to review the 1. The authority citation for part 67 remain qualified for participation in the proof Flood Insurance Study and FIRM continues to read as follows: National Flood Insurance Program available at the address cited below for Authority: 42 U.S.C. 4001 et seq.; (NFIP). each community. The BFEs and Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The date of issuance of the Flood modified BFEs are made final in the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Rate Map (FIRM) showing communities listed below. Elevations at 3 CFR, 1979 Comp., p. 376. BFEs and modified BFEs for each selected locations in each community § 67.11 [Amended] community. This date may be obtained are shown. by contacting the office where the maps National Environmental Policy Act. ■ 2. The tables published under the are available for inspection as indicated This final rule is categorically excluded authority of § 67.11 are amended as in the table below. from the requirements of 44 CFR part follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) State City/town/county Source of flooding Location # Depth in feet above ground ∧ Elevation in meters (MSL) Modified

Unincorporated Areas of Washington County, Alabama Docket No.: FEMA–B–1218

Alabama ...... Unincorporated Areas Tombigbee River ...... Approximately 1,056 feet downstream of +35 of Washington Coun- the railroad. ty. Approximately 2.1 miles upstream of the +36 railroad.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) State City/town/county Source of flooding Location # Depth in feet above ground ∧ Elevation in meters (MSL) Modified

ADDRESSES Unincorporated Areas of Washington County Maps are available for inspection at 45 Court Street, Chatom, AL 36518

* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

Sonoma County, California, and Incorporated Areas Docket No.: FEMA–B–1200

Colgan Creek ...... Approximately 500 feet upstream of Llano Road ...... +80 City of Santa Rosa, Unincor- porated Areas of Sonoma County. Approximately 0.98 mile upstream of Meda Avenue ...... +356 Naval Creek ...... Approximately 960 feet upstream of Llano Road ...... +79 City of Santa Rosa, Unincor- porated Areas of Sonoma County. Approximately 0.57 mile upstream of Wright Road ...... +97 Roseland Creek ...... Approximately 0.5 mile downstream of Llano Road ...... +79 City of Santa Rosa, Unincor- porated Areas of Sonoma County. Approximately 1,000 feet upstream of Dutton Avenue ...... +142

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Santa Rosa Maps are available for inspection at 100 Santa Rosa Avenue, Room 3, Santa Rosa, CA 95404. Unincorporated Areas of Sonoma County Maps are available for inspection at 575 Administration Drive, Room 100A, Santa Rosa, CA 95404.

Mesa County, Colorado, and Incorporated Areas Docket No.: FEMA–B–1220

Leach Creek ...... Approximately 200 feet upstream of U.S. Route 6/U.S. +4,547 City of Grand Junction, Unin- Route 50. corporated Areas of Mesa County. Approximately 0.55 mile upstream of Summer Hill Way .... +4751 North Leach Creek ...... At the Leach Creek confluence ...... +4,561 City of Grand Junction. Approximately 200 feet upstream of G Road ...... +4,567 Ranchmen’s Ditch ...... At the Mesa Mall/Patterson Road Storm Sewer output ...... +4,547 City of Grand Junction. Approximately 0.45 mile upstream of North 12th Street .... +4,688

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Grand Junction Maps are available for inspection at 250 North 5th Street, Grand Junction, CO 81501. Unincorporated Areas of Mesa County Maps are available for inspection at 544 Rood Avenue, Grand Junction, CO 81502.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

Anne Arundel County, Maryland, and Incorporated Areas Docket No.: FEMA–B–1101

Cabin Branch ...... Approximately 122 feet downstream of Chessie System ... +7 Unincorporated Areas of Anne Arundel County. Approximately 325 feet upstream of Andover Road ...... +118 Franklin Branch ...... At the Midway Branch confluence ...... +127 Unincorporated Areas of Anne Arundel County. Approximately 780 feet upstream of Clark Road ...... +214 Hall Creek ...... At the most downstream Calvert County boundary ...... +40 Unincorporated Areas of Anne Arundel County. At the most upstream Calvert County boundary ...... +52 Little Patuxent River ...... Approximately 600 feet upstream of the Patuxent River +46 Unincorporated Areas of confluence. Anne Arundel County. Approximately 1,456 feet upstream of Brock Bridge Road +132 Marley Creek ...... Approximately 485 feet upstream of Arundel Expressway +7 Unincorporated Areas of Anne Arundel County. Approximately 165 feet upstream of Elevation Road ...... +26 Midway Branch ...... At the Little Patuxent River confluence ...... +85 Unincorporated Areas of Anne Arundel County. Approximately 0.58 mile upstream of Clark Road ...... +211 Patapsco River ...... Approximately 0.77 mile downstream of the Harbor Tun- +12 Unincorporated Areas of nel Thruway. Anne Arundel County. Approximately 200 feet upstream of I–195 ...... +26 Patuxent River ...... Approximately 0.56 mile downstream of Southern Mary- +8 Unincorporated Areas of land Boulevard. Anne Arundel County. Approximately 0.57 mile upstream of Laurel Fort Meade +140 Road. Sawmill Creek ...... At the upstream side of Crain Highway ...... +10 Unincorporated Areas of Anne Arundel County. Approximately 400 feet upstream of Washington Baltimore +105 and Annapolis Road. Severn Run ...... Approximately 0.43 mile downstream of Veterans High- +7 Unincorporated Areas of way. Anne Arundel County. Approximately 0.5 mile upstream of Telegraph Road ...... +98

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Anne Arundel County Maps are available for inspection at the Anne Arundel County Permit Application Center, 2664 Riva Road, Annapolis, MD 21401.

Menominee County, Michigan (All Jurisdictions) Docket No.: FEMA–B–1208

Green Bay ...... Entire shoreline within community ...... +585 City of Menominee, Town- ship of Cedarville, Town- ship of Ingallston, Town- ship of Menominee. Menominee River ...... At the Green Bay confluence ...... +585 City of Menominee. Approximately 700 feet downstream of Canadian National +585 Railway.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Menominee Maps are available for inspection at City Hall, 2511 10th Street, Menominee, MI 49858. Township of Cedarville Maps are available for inspection at the Cedarville Township Hall, Old Mill Road and M–35, Cedar River, MI 49887. Township of Ingallston Maps are available for inspection at the Ingallston Township Hall, W3790 Town Hall Lane No. 13.5, Wallace, MI 49893.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

Township of Menominee Maps are available for inspection at the Township Hall, N2283 O1 Drive, Menominee, MI 49858.

Huntingdon County, Pennsylvania (All Jurisdictions) Docket No.: FEMA–B–1166

Crooked Creek ...... Approximately 0.88 mile downstream of Beaver Lane ...... +628 Township of Walker. Approximately 0.70 mile downstream of Beaver Lane ...... +633 Hares Valley Creek ...... Approximately 800 feet downstream of Pennsylvania Rail- +586 Township of Union. road. Approximately 500 feet upstream of Pennsylvania Rail- +586 road. Hill Valley Creek ...... Approximately 240 feet downstream of Norfolk Southern +555 Township of Shirley. Railroad. Approximately 90 feet upstream of Norfolk Southern Rail- +555 road. Juniata River ...... Approximately 0.39 mile downstream of Bridge Street ...... +584 Township of Union. Approximately 1,670 feet downstream of Bridge Street ..... +584 Juniata River ...... Approximately 0.75 mile downstream of North Jefferson +569 Township of Brady, Town- Street. ship of Shirley. Approximately 0.53 mile downstream of North Jefferson +569 Street. Juniata River ...... Just upstream of U.S. Route 22 (William Penn Highway) .. +613 Township of Henderson, Township of Smithfield. Approximately 200 feet upstream of U.S. Route 22 (Wil- +614 liam Penn Highway). Juniata River ...... Approximately 2 miles downstream of the confluence with +671 Township of Logan. Shaver Creek. Approximately 140 feet downstream of the confluence +674 with Shaver Creek. Juniata River ...... Approximately 1.72 miles upstream of Bridge Street (Cy- +638 Township of Porter. press Island Bridge). Approximately 1.78 miles upstream of Bridge Street (Cy- +638 press Island Bridge). Little Juniata River ...... Approximately 1,450 feet upstream of Norfolk Southern +847 Borough of Birmingham. Railroad. Approximately 0.52 mile upstream of Norfolk Southern +848 Railroad. Little Juniata River ...... Approximately 440 feet downstream of the Pemberton +797 Township of Spruce Creek. Road Bridge. Approximately 300 feet downstream of Birmingham Pike +813 (Railroad Bridge). Murray Run ...... Approximately 280 feet downstream of Murray Run Road +691 Township of Henderson. Approximately 170 feet downstream of Murray Run Road +691 Standing Stone Creek ...... Approximately 1.57 miles downstream of Stone Creek +661 Township of Oneida. Ridge Road. Approximately 1.55 miles downstream of Stone Creek +661 Ridge Road. Three Springs Creek ...... Approximately 800 feet downstream of Hudson Street ...... +700 Borough of Three Springs. Approximately 800 feet upstream of Elliots Run Road ...... +713 Unnamed Tributary to Shoup Approximately 400 feet upstream of Broad Top Mountain +1,139 Township of Carbon. Run. Road. Approximately 520 feet upstream of Broad Top Mountain +1,142 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Borough of Birmingham Maps are available for inspection at the Borough Building, 2450 Tyrone Street, Birmingham, PA 16686. Borough of Three Springs Maps are available for inspection at the Borough Building, 8444 Hudson Street, Three Springs, PA 17264. Township of Brady Maps are available for inspection at the Brady Township Building, 11311 Beatty Road, Mill Creek, PA 17060.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

Township of Carbon Maps are available for inspection at the Carbon Township Building, 20188 Little Valley Road, Saxton, PA 16678. Township of Henderson Maps are available for inspection at the Henderson Township Building, 9024 Sugar Grove Road, Huntingdon, PA 16652. Township of Logan Maps are available for inspection at the Logan Township Building, 7228 Diamond Valley, Alexandria, PA 16611. Township of Oneida Maps are available for inspection at the Oneida Township Building, 9775 Blair Road, Huntingdon, PA 16652. Township of Porter Maps are available for inspection at the Porter Township Building, 7551 Bridge Street, Alexandria, PA 16611. Township of Shirley Maps are available for inspection at the Shirley Township Building, 15480 Croghan Pike, Shirleysburg, PA 17260. Township of Smithfield Maps are available for inspection at the Smithfield Township Building, 202 South 13th Street, Suite 3, Huntingdon, PA 16652. Township of Spruce Creek Maps are available for inspection at the Spruce Creek Township Building, 4602 Eden Road, Tyrone, PA 16686. Township of Union Maps are available for inspection at the Union Township Building, 14129 Trough Creek Valley Pike, Huntingdon, PA 16652. Township of Walker Maps are available for inspection at the Walker Township Building, 5568 Bouquet Street, McConnellstown, PA 16660.

Thurston County, Washington, and Incorporated Areas Docket No.: FEMA–B–1185

Deschutes River ...... Approximately 615 feet downstream of Waldrick Road +240 Unincorporated Areas of Southeast. Thurston County. At the downstream side of Waldrick Road Southeast ...... +243

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Thurston County Maps are available for inspection at the Thurston County Courthouse, 2000 Lakeridge Drive Southwest, Olympia, WA 98502.

Juneau County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1210

Baraboo River ...... At the upstream side of Gehri Road ...... +913 Unincorporated Areas of Ju- neau County, Village of Union Center, Village of Wonewoc. At the West Branch Baraboo River confluence ...... +919 Baraboo River Split Flow ...... At the Baraboo River divergence ...... +916 Unincorporated Areas of Ju- neau County. At the Baraboo River convergence ...... +917 Cranberry Creek (overflow from Approximately 1,000 feet downstream of the intersection +934 Unincorporated Areas of Ju- Yellow River). of 8th Street and 13th Avenue. neau County. At the downstream side of County Highway F ...... +951 Gardner Creek (overflow effects At the Sauk County boundary ...... +907 Unincorporated Areas of Ju- from Baraboo River). neau County. Onemile Creek (backwater ef- At the upstream side of U.S. Route 12 ...... +866 Unincorporated Areas of Ju- fects from Lemonweir River). neau County. Approximately 1,875 feet upstream of U.S. Route 12 ...... +866 South Branch Yellow River At the downstream side of State Route 80 ...... +899 Unincorporated Areas of Ju- (backwater effects from Yel- neau County, Village of low River). Necedah. Unnamed Ponding Area (back- At the Sauk County boundary ...... +908 Unincorporated Areas of Ju- water effects from Baraboo neau County. River). Unnamed Ponding Area (back- Approximately 50 feet west of U.S. Route 12 ...... +866 Ho-Chunk Nation. water effects from Lemonweir River).

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

West Branch Baraboo River ..... At the Baraboo River confluence ...... +920 Unincorporated Areas of Ju- neau County, Village of Union Center. At the Vernon County boundary ...... +931 West Branch Baraboo River At the West Branch Baraboo River divergence ...... +927 Unincorporated Areas of Ju- Split Flow 1. neau County. At the West Branch Baraboo River convergence ...... +929 West Branch Baraboo River At the West Branch Baraboo River confluence ...... +929 Unincorporated Areas of Ju- Split Flow 2. neau County. At the Vernon County boundary ...... +931

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Ho-Chunk Nation Maps are available for inspection at W9814 Airport Road, Black River Falls, WI 54615. Unincorporated Areas of Juneau County Maps are available for inspection at 220 East State Street, Mauston, WI 53944. Village of Necedah Maps are available for inspection at 101 Center Street, Necedah, WI 54646. Village of Union Center Maps are available for inspection at 339 High Street, Union Center, WI 53962. Village of Wonewoc Maps are available for inspection at 200 West Street, Wonewoc, WI 53968.

(Catalog of Federal Domestic Assistance No. entrant motor carrier that does not raise the standard of compliance for 97.022, ‘‘Flood Insurance.’’) submit evidence of corrective action passing the new entrant safety audit. Dated: August 1, 2012. within these time periods could have its Appendix A to 49 CFR part 385 explains Sandra K. Knight, registration revoked and be placed out the safety audit evaluation criteria. In Deputy Associate Administrator for of service. addition, there are sixteen regulations Mitigation, Department of Homeland DATES: This decision became effective that FMCSA has identified as essential Security, Federal Emergency Management on July 20, 2012 for expedited action elements of basic safety management Agency. notices and will become effective on controls necessary to operating in [FR Doc. 2012–20135 Filed 8–15–12; 8:45 am] August 20, 2012 for safety audit failure interstate commerce. A violation of any BILLING CODE 9110–12–P notices. one of these sixteen regulations will FOR FURTHER INFORMATION CONTACT: result in automatic failure of the new Thomas Kelly, Office of Enforcement entrant safety audit (49 CFR 385.321(b)). DEPARTMENT OF TRANSPORTATION and Program Delivery, Federal Motor A new entrant must successfully Carrier Safety Administration, 1200 comply with the Appendix A criteria Federal Motor Carrier Safety and have no violations of the sixteen Administration New Jersey Avenue SE., Washington, DC 20590, (202) 366–1812; email automatic failure regulation in order to pass the safety audit (49 CFR 49 CFR Part 385 [email protected]. 385.321(a)). SUPPLEMENTARY INFORMATION: FMCSA Policy on the Timeliness of A new entrant motor carrier that fails New Entrant Corrective Action Background the safety audit must provide evidence Submissions FMCSA’s New Entrant Safety demonstrating corrective action for all violations contributing to the carrier’s AGENCY: Federal Motor Carrier Safety Assurance Program, 49 CFR Part 385, Administration (FMCSA), DOT. subpart D, applies to new entrant motor failure. Except for certain passenger carriers and hazardous materials carriers ACTION: Notice of policy. carriers domiciled in the United States and Canada. FMCSA published an which must take corrective action SUMMARY: FMCSA provides notice of the interim final rule on May 13, 2002 (67 within 45 days, new entrants must take Agency’s policy that it must receive a FR 31978), establishing the safety audit corrective action within 60 days (49 new entrant motor carrier’s evidence of process for new entrant motor carriers. CFR 385.319(c)). If the new entrant fails corrective action within 15 days of the In order to improve the effectiveness of to submit timely evidence of corrective date of a new entrant safety audit failure the program, FMCSA published a Final action that is acceptable to FMCSA, its notice or within 10 days of the date of Rule on December 16, 2008 (73 FR new entrant registration will be revoked an expedited action notice. A new 76472), amending the regulations to and its interstate motor carrier

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operations ordered out of service (49 corrective action periods established in Agency will not grant an extension in CFR 385.325(b)). 49 CFR 385.308(b) and 385.319(c) to the case of an expedited action notice or In addition, a new entrant that submit evidence of corrective action, for motor carriers that transport commits certain violations listed at 49 leaving Agency officials little to no time passengers or hazardous materials, as CFR 385.308(a) may be subject to an for review. However, § 385.308 requires defined in 49 CFR 390.5. expedited action which may include the carrier to submit evidence If FMCSA receives evidence of being subjected to an expedited safety demonstrating corrective action within corrective action more than 15 days audit or compliance review, or being 30 days. Similarly, § 385.325(a) requires after the date of the new entrant safety required to submit evidence the new entrant to submit evidence that audit failure notice or more than 10 demonstrating corrective action (49 CFR is acceptable to FMCSA within the days after the date of the expedited 385.308). If the new entrant has already specified corrective action period. If had a safety audit or compliance review, action notice, the Agency will not Agency officials do not have sufficient guarantee that the evidence will be FMCSA will send it a letter advising time for review, the Agency cannot that it must submit evidence of considered prior to the expiration of the make a determination within the corrective action period. If the corrective action within 30 days (49 appropriate time period as to whether CFR 385.308(b)(2)). If the new entrant corrective action period expires before evidence of corrective action has been the Agency makes a determination, the does not respond demonstrating properly demonstrated, as required by corrective action on the expedited carrier’s registration will be revoked. If § 385.308, or is acceptable, as required the Agency subsequently determines actions within 30 days, its registration by § 385.325(a). will be revoked (49 CFR 385.308(d)). that the corrective action plan is If FMCSA receives evidence of acceptable, the carrier’s registration will Policy corrective action within 15 days of the be immediately reinstated. However, if FMCSA must receive a new entrant date of the new entrant safety audit the Agency subsequently determines motor carrier’s corrective action plan failure notice or within 10 days of the that the corrective action plan is not within 15 days of the date of a new date of the expedited action notice, acceptable, the carrier will be required entrant safety audit failure notice or Agency officials will either review and to wait the requisite 30 days before within 10 days of the date of an make a decision on whether it is reapplying for new entrant registration expedited action notice, in order to acceptable before the end of the in accordance with 49 CFR 385.329. ensure adequate time for review. corrective action period or, in the case Issued on: August 8, 2012. Otherwise, the motor carrier risks of new entrant safety audit failures, Anne S. Ferro, having its registration revoked and grant an extension of time to complete being placed out of service. FMCSA has the review if the Agency determines that Administrator. observed that a number of new entrant the motor carrier is making a good faith [FR Doc. 2012–20233 Filed 8–15–12; 8:45 am] carriers have waited until the end of the effort to remedy deficiencies. The BILLING CODE P

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Proposed Rules Federal Register Vol. 77, No. 159

Thursday, August 16, 2012

This section of the FEDERAL REGISTER W12–140, 1200 New Jersey Avenue SE., your comments. We specifically invite contains notices to the public of the proposed Washington, DC 20590. comments on the overall regulatory, issuance of rules and regulations. The • Hand Delivery: U.S. Department of economic, environmental, and energy purpose of these notices is to give interested Transportation, Docket Operations, M– aspects of this proposed AD. We will persons an opportunity to participate in the 30, West Building Ground Floor, Room consider all comments received by the rule making prior to the adoption of the final rules. W12–140, 1200 New Jersey Avenue SE., closing date and may amend this Washington, DC, between 9 a.m. and 5 proposed AD based on those comments. p.m., Monday through Friday, except We will post all comments we DEPARTMENT OF TRANSPORTATION Federal holidays. receive, without change, to http:// For Airbus service information www.regulations.gov, including any Federal Aviation Administration identified in this proposed AD, contact personal information you provide. We Airbus, Airworthiness Office—EAS, 1 will also post a report summarizing each 14 CFR Part 39 Rond Point Maurice Bellonte, 31707 substantive verbal contact we receive Blagnac Cedex, France; telephone +33 5 about this proposed AD. [Docket No. FAA–2012–0807; Directorate 61 93 36 96; fax +33 5 61 93 44 51; email Identifier 2011–NM–191–AD] [email protected]; Discussion RIN 2120–AA64 Internet http://www.airbus.com. For B/E The European Aviation Safety Agency service information identified in this (EASA), which is the Technical Agent Airworthiness Directives; Airbus proposed AD, contact B/E Aerospace for the Member States of the European Airplanes Systems GmbH, Revalstrasse 1, 23560 Community, has issued EASA Lubeck, Germany; telephone (49) 451 Airworthiness Directive 2011–0167, AGENCY: Federal Aviation 4093–2976; fax (49) 451 4093–4488. You dated September 6, 2011 (referred to Administration (FAA), DOT. may review copies of the referenced after this as ‘‘the MCAI’’), to correct an ACTION: Notice of proposed rulemaking service information at the FAA, unsafe condition for the specified (NPRM). Transport Airplane Directorate, 1601 products. The MCAI states: Lind Avenue SW., Renton, Washington. SUMMARY: We propose to adopt a new During production of passenger oxygen For information on the availability of airworthiness directive (AD) for all containers, the manufacturer B/E Aerospace this material at the FAA, call 425–227– detected some silicon particles inside the Airbus Model A318–111 and –112 1221. oxygen generator manifolds. Investigation airplanes, and Model A319, A320, and revealed that those particles (chips) had A321 series airplanes. This proposed Examining the AD Docket chafed from the mask hoses during AD was prompted by reports of silicon You may examine the AD docket on installation onto the generator outlets. It was particles inside the oxygen generator the Internet at http:// discovered that a defective mask hose manifolds, which had chafed from the www.regulations.gov; or in person at the installation device had caused the chafing. mask hoses during installation onto the Docket Operations office between 9 a.m. This condition, if not detected and corrected, generator outlets. This proposed AD and 5 p.m., Monday through Friday, could reduce or block the oxygen supply, would require identifying the part possibly resulting in injury to passengers except Federal holidays. The AD docket when oxygen supply is needed. number and serial number of each contains this proposed AD, the For the reasons described above, this [EASA] passenger oxygen container, replacing regulatory evaluation, any comments the oxygen generator manifold of the AD requires the identification and received, and other information. The modification of the affected oxygen container affected oxygen container with a street address for the Docket Operations serviceable manifold, and performing an assemblies. This AD also prohibits the office (telephone (800) 647–5527) is in installation of the affected containers on any operational check of the manual mask the ADDRESSES section. Comments will aeroplane as replacement parts. release and corrective actions if be available in the AD docket shortly Required actions also include replacing necessary. We are proposing this AD to after receipt. detect and correct non-serviceable the oxygen generator manifold of the FOR FURTHER INFORMATION CONTACT: oxygen generator manifolds, which affected oxygen container with a could reduce or block the oxygen Sanjay Ralhan, Aerospace Engineer, serviceable manifold, and doing an supply, which could result in injury to International Branch, ANM–116, operational check of the manual mask passengers when oxygen supply is Transport Airplane Directorate, FAA, release and corrective actions if needed. 1601 Lind Avenue SW., Renton, necessary. You may obtain further Washington 98057–3356; telephone information by examining the MCAI in DATES: We must receive comments on (425) 227–1405; fax (425) 227–1149. the AD docket. this proposed AD by October 1, 2012. SUPPLEMENTARY INFORMATION: ADDRESSES: You may send comments by Relevant Service Information any of the following methods: Comments Invited Airbus has issued Service Bulletin • Federal eRulemaking Portal: Go to We invite you to send any written A320–35A1047, dated March 29, 2011. http://www.regulations.gov. Follow the relevant data, views, or arguments about B/E AEROSPACE has issued Service instructions for submitting comments. this proposed AD. Send your comments Bulletin 1XCXX–0100–35–005, Revision • Fax: (202) 493–2251. to an address listed under the 1, dated December 15, 2012; and • Mail: U.S. Department of ADDRESSES section. Include ‘‘Docket No. 22CXX–0100–35–003, Revision 1, dated Transportation, Docket Operations, M– FAA–2012–0807; Directorate Identifier December 20, 2011. The actions 30, West Building Ground Floor, Room 2011–NM–191–AD’’ at the beginning of described in this service information are

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intended to correct the unsafe condition products identified in this rulemaking airplanes; A320–111, –211, –212, –214, –231, identified in the MCAI. action. –232, and –233 airplanes; A321–111, –112, –131, –211, –212, –213, –231, and –232 FAA’s Determination and Requirements Regulatory Findings airplanes; certificated in any category; all of This Proposed AD We determined that this proposed AD manufacturer serial numbers (MSN). This product has been approved by would not have federalism implications (d) Subject the aviation authority of another under Executive Order 13132. This Air Transport Association (ATA) of country, and is approved for operation proposed AD would not have a America Code 35: Oxygen. substantial direct effect on the States, on in the United States. Pursuant to our (e) Reason bilateral agreement with the State of the relationship between the national Design Authority, we have been notified Government and the States, or on the This AD was prompted by reports of distribution of power and silicon particles inside the oxygen generator of the unsafe condition described in the manifolds, which had chafed from the mask MCAI and service information responsibilities among the various levels of government. hoses during installation onto the generator referenced above. We are proposing this outlets. We are issuing this AD to detect and AD because we evaluated all pertinent For the reasons discussed above, I correct non-serviceable oxygen generator information and determined an unsafe certify this proposed regulation: manifolds, which could reduce or block the condition exists and is likely to exist or 1. Is not a ‘‘significant regulatory oxygen supply, which could result in injury develop on other products of the same action’’ under Executive Order 12866; to passengers when oxygen supply is needed. type design. 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (f) Compliance Costs of Compliance (44 FR 11034, February 26, 1979); You are responsible for having the actions 3. Will not affect intrastate aviation in required by this AD performed within the Based on the service information, we Alaska; and compliance times specified, unless the estimate that this proposed AD would 4. Will not have a significant actions have already been done. affect about 220 airplanes of U.S. economic impact, positive or negative, (g) Part Number and Serial Number registry. We also estimate that it would on a substantial number of small entities Identification take about 3 work-hours per oxygen under the criteria of the Regulatory container to comply with the basic Within 4,500 flight cycles, or 6,000 flight Flexibility Act. hours, or 20 months, whichever occurs first, requirements of this proposed AD. The We prepared a regulatory evaluation after the effective date of this AD, identify the average number of oxygen containers of the estimated costs to comply with part number and serial number of each per airplane is 50. The average labor rate this proposed AD and placed it in the passenger oxygen container. A review of is $85 per work-hour. Required parts AD docket. airplane maintenance records is acceptable in would cost about $0 per product. Where lieu of this identification if the part number the service information lists required List of Subjects in 14 CFR Part 39 and serial number of the oxygen container parts costs that are covered under Air transportation, Aircraft, Aviation can be conclusively determined from that warranty, we have assumed that there safety, Incorporation by reference, review. will be no charge for these parts. As we Safety. (h) Replacement do not control warranty coverage for The Proposed Amendment If the part number and serial number of the affected parties, some parties may incur container are listed in table 2 and table 1 of costs higher than estimated here. Based Accordingly, under the authority this AD: Within the compliance time on these figures, we estimate the cost of delegated to me by the Administrator, specified in paragraph (g) of this AD, replace the proposed AD on U.S. operators to be the FAA proposes to amend 14 CFR part the oxygen generator manifold of the affected $2,805,000, or $12,750 per airplane. 39 as follows: oxygen container with a serviceable manifold and do an operational check of the manual Authority for This Rulemaking PART 39—AIRWORTHINESS mask release, in accordance with the DIRECTIVES Accomplishment Instructions of Airbus Title 49 of the United States Code Service Bulletin A320–35A1047, dated specifies the FAA’s authority to issue 1. The authority citation for part 39 March 29, 2011, except as provided by rules on aviation safety. Subtitle I, continues to read as follows: paragraphs (i)(1) through (i)(4) of this AD. If section 106, describes the authority of the operational check fails, before further Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. ‘‘Subtitle VII: flight, repair, using a method approved by Aviation Programs,’’ describes in more § 39.13 [Amended] either the Manager, International Branch, ANM 116, Transport Airplane Directorate, detail the scope of the Agency’s 2. The FAA amends § 39.13 by adding authority. FAA; or the European Aviation Safety the following new AD: Agency (or its delegated agent). We are issuing this rulemaking under Airbus: Docket No. FAA–2012–0807; Direc- the authority described in ‘‘Subtitle VII, torate Identifier 2011–NM–191–AD. TABLE 1—AFFECTED SERIAL NUMBERS Part A, Subpart III, Section 44701: General requirements.’’ Under that (a) Comments Due Date ARBA–0000 to ARBA–9999 inclusive. section, Congress charges the FAA with We must receive comments by October 1, ARBB–0000 to ARBB–9999 inclusive. promoting safe flight of civil aircraft in 2012. ARBC–0000 to ARBC–9999 inclusive. ARBD–0000 to ARBD–9999 inclusive. air commerce by prescribing regulations (b) Affected ADs for practices, methods, and procedures ARBE–0000 to ARBE–9999 inclusive. the Administrator finds necessary for None. BEBF–0000 to BEBF–9999 inclusive. safety in air commerce. This regulation (c) Applicability BEBH–0000 to BEBH–9999 inclusive. is within the scope of that authority BEBK–0000 to BEBK–9999 inclusive. This AD applies to Airbus Model A318– BEBL–0000 to BEBL–9999 inclusive. because it addresses an unsafe condition 111 and –112 airplanes; A319–111, –112, BEBM–0000 to BEBM–9999 inclusive. that is likely to exist or develop on –113, –114, –115, –131, –132, and –133

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TABLE 2—PART NUMBER OF THE AFFECTED PASSENGER EMERGENCY OXYGEN CONTAINER ASSEMBLIES *

Type I—15 Min.

12C15L215XX0100 ...... 12C15R335XX0100 ...... 13C15R215XX0100 ...... 14C15L335XX0100 12C15L216XX0100 ...... 12C15R336XX0100 ...... 13C15R216XX0100 ...... 14C15L336XX0100 12C15L235XX0100 ...... 12C15R475XX0100 ...... 13C15R235XX0100 ...... 14C15L475XX0100 12C15L236XX0100 ...... 12C15R476XX0100 ...... 13C15R236XX0100 ...... 14C15L476XX0100 12C15L2F5XX0100 ...... 12C15R4G5XX0100 ...... 13C15R2F5XX0100 ...... 14C15L4G5XX0100 12C15L2F6XX0100 ...... 12C15R4G6XX0100 ...... 13C15R2F6XX0100 ...... 14C15L4G6XX0100 12C15L335XX0100 ...... 13C15L216XX0100 ...... 13C15R335XX0100 ...... 14C15R215XX0100 12C15L336XX0100 ...... 13C15L235XX0100 ...... 13C15R336XX0100 ...... 14C15R216XX0100 12C15L475XX0100 ...... 13C15L236XX0100 ...... 13C15R475XX0100 ...... 14C15R235XX0100 12C15L476XX0100 ...... 13C15L2F5XX0100 ...... 13C15R476XX0100 ...... 14C15R236XX0100 12C15L4G5XX0100 ...... 13C15L2F6XX0100 ...... 13C15R4G5XX0100 ...... 14C15R2F5XX0100 12C15L4G6XX0100 ...... 13C15L335XX0100 ...... 13C15R4G6XX0100 ...... 14C15R2F6XX0100 12C15R215XX0100 ...... 13C15L336XX0100 ...... 14C15L215XX0100 ...... 14C15R335XX0100 12C15R216XX0100 ...... 13C15L475XX0100 ...... 14C15L216XX0100 ...... 14C15R336XX0100 12C15R235XX0100 ...... 13C15L476XX0100 ...... 14C15L235XX0100 ...... 14C15R475XX0100 12C15R236XX0100 ...... 13C15L4G5XX0100 ...... 14C15L236XX0100 ...... 14C15R476XX0100 12C15R2F5XX0100 ...... 13C15L4G6XX0100 ...... 14C15L2F5XX0100 ...... 14C15R4G5XX0100 12C15R2F6XX0100 ...... 13C15R215XX0100 ...... 14C15L2F6XX0100 ...... 14C15R4G6XX0100

Type I—22 Min.

12C22L215XX0100 ...... 12C22R335XX0100 ...... 13C22R215XX0100 ...... 14C22L335XX0100 12C22L216XX0100 ...... 12C22R336XX0100 ...... 13C22R216XX0100 ...... 14C22L336XX0100 12C22L235XX0100 ...... 12C22R475XX0100 ...... 13C22R235XX0100 ...... 14C22L475XX0100 12C22L236XX0100 ...... 12C22R476XX0100 ...... 13C22R236XX0100 ...... 14C22L476XX0100 12C22L2F5XX0100 ...... 12C22R4G5XX0100 ...... 13C22R2F5XX0100 ...... 14C22L4G5XX0100 12C22L2F6XX0100 ...... 12C22R4G6XX0100 ...... 13C22R2F6XX0100 ...... 14C22L4G6XX0100 12C22L335XX0100 ...... 13C22L216XX0100 ...... 13C22R335XX0100 ...... 14C22R215XX0100 12C22L336XX0100 ...... 13C22L235XX0100 ...... 13C22R336XX0100 ...... 14C22R216XX0100 12C22L475XX0100 ...... 13C22L236XX0100 ...... 13C22R475XX0100 ...... 14C22R235XX0100 12C22L476XX0100 ...... 13C22L2F5XX0100 ...... 13C22R476XX0100 ...... 14C22R236XX0100 12C22L4G5XX0100 ...... 13C22L2F6XX0100 ...... 13C22R4G5XX0100 ...... 14C22R2F5XX0100 12C22L4G6XX0100 ...... 13C22L335XX0100 ...... 13C22R4G6XX0100 ...... 14C22R2F6XX0100 12C22R215XX0100 ...... 13C22L336XX0100 ...... 14C22L215XX0100 ...... 14C22R335XX0100 12C22R216XX0100 ...... 13C22L475XX0100 ...... 14C22L216XX0100 ...... 14C22R336XX0100 12C22R235XX0100 ...... 13C22L476XX0100 ...... 14C22L235XX0100 ...... 14C22R475XX0100 12C22R236XX0100 ...... 13C22L4G5XX0100 ...... 14C22L236XX0100 ...... 14C22R476XX0100 12C22R2F5XX0100 ...... 13C22L4G6XX0100 ...... 14C22L2F5XX0100 ...... 14C22R4G5XX0100 12C22R2F6XX0100 ...... 13C22R215XX0100 ...... 14C22L2F6XX0100 ...... 14C22R4G6XX0100

Type II—15 Min.

22C15L110XX0100 ...... 22C15L280XX0100 ...... 22C15R110XX0100 ...... 22C15R280XX0100 22C15L120XX0100 ...... 22C15L290XX0100 ...... 22C15R120XX0100 ...... 22C15R290XX0100 22C15L130XX0100 ...... 22C15L370XX0100 ...... 22C15R140XX0100 ...... 22C15R370XX0100 22C15L140XX0100 ...... 22C15L3J0XX0100 ...... 22C15R150XX0100 ...... 22C15R3J0XX0100 22C15L150XX0100 ...... 22C15L480XX0100 ...... 22C15R160XX0100 ...... 22C15R480XX0100 22C15L160XX0100 ...... 22C15L4H0XX0100 ...... 22C15R170XX0100 ...... 22C15R4H0XX0100 22C15L170XX0100 ...... 22C15L4S0XX0100 ...... 22C15R210XX0100 ...... 22C15R4S0XX0100 22C15L210XX0100 ...... 22C15L4T0XX0100 ...... 22C15R220XX0100 ...... 22C15R4T0XX0100 22C15L220XX0100 ...... 22C15L680XX0100 ...... 22C15R240XX0100 ...... 22C15R6U0XX0100 22C15L240XX0100 ...... 22C15L680XX0100 ...... 22C15R270XX0100. 22C15L270XX0100 ...... 22C15L6U0XX0100.

Type II—22 Min.

22C22L110XX0100 ...... 22C22L280XX0100 ...... 22C22R110XX0100 ...... 22C22R280XX0100 22C22L120XX0100 ...... 22C22L290XX0100 ...... 22C22R120XX0100 ...... 22C22R290XX0100 22C22L130XX0100 ...... 22C22L370XX0100 ...... 22C22R140XX0100 ...... 22C22R370XX0100 22C22L140XX0100 ...... 22C22L3J0XX0100 ...... 22C22R150XX0100 ...... 22C22R3J0XX0100 22C22L150XX0100 ...... 22C22L480XX0100 ...... 22C22R160XX0100 ...... 22C22R480XX0100 22C22L160XX0100 ...... 22C22L4H0XX0100 ...... 22C22R170XX0100 ...... 22C22R4H0XX0100 22C22L170XX0100 ...... 22C22L4S0XX0100 ...... 22C22R210XX0100 ...... 22C22R4S0XX0100 22C22L210XX0100 ...... 22C22L4T0XX0100 ...... 22C22R220XX0100 ...... 22C22R4T0XX0100 22C22L220XX0100 ...... 22C22L680XX0100 ...... 22C22R240XX0100 ...... 22C22R6U0XX0100 22C22L240XX0100 ...... 22C22L6U0XX0100 ...... 22C22R270XX0100. 22C22L270XX0100. * Variables XX show the color code of the oxygen container assembly.

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(i) Exceptions Branch, FAA, has the authority to approve DEPARTMENT OF TRANSPORTATION (1) Oxygen containers Type I that have AMOCs for this AD, if requested using the been modified in accordance with the procedures found in 14 CFR 39.19. In Federal Aviation Administration Accomplishment Instructions of B/E accordance with 14 CFR 39.19, send your Aerospace Service Bulletin 1XCXX–0100– request to your principal inspector or local 14 CFR Part 39 35–005, Revision 1, dated December 15, Flight Standards District Office, as 2012; and oxygen containers Type II that appropriate. If sending information directly [Docket No. FAA–2012–0845; Directorate have been modified in accordance with the to the International Branch, send it to ATTN: Identifier 2012–CE–013–AD] Accomplishment Instructions of B/E Sanjay Ralhan, Aerospace Engineer, RIN 2120–AA64 Aerospace Service Bulletin 22CXX–0100–35– International Branch, ANM–116, Transport 003, Revision 1, dated December 20, 2011; Airplane Directorate, FAA, 1601 Lind Airworthiness Directives; Revo, are compliant with the requirements of Avenue SW., Renton, Washington 98057– paragraph (h) of this AD. Incorporated Airplanes 3356; telephone (425) 227–1405; fax (425) (2) Airplanes on which Airbus 227–1149. Information may be emailed to: 9- AGENCY: Federal Aviation modification 150703 or Airbus modification 150704 have not been embodied in [email protected]. Administration (FAA), DOT. production do not have to comply with the Before using any approved AMOC, notify ACTION: Notice of proposed rulemaking requirements of paragraph (h) of this AD, your appropriate principal inspector, or (NPRM). unless an oxygen container has been replaced lacking a principal inspector, the manager of since the airplane’s entry into service. the local flight standards district office/ SUMMARY: We propose to supersede an (3) Airplanes on which Airbus certificate holding district office. The AMOC existing airworthiness directive (AD) modification 150703 or Airbus modification approval letter must specifically reference that applies to certain Revo, 150704 have been embodied in production this AD. Incorporated Models COLONIAL C–1, and which are not listed by model and MSN (2) Airworthy Product: For any requirement COLONIAL C–2, LAKE LA–4, LAKE in Airbus Service Bulletin A320–35A1047, in this AD to obtain corrective actions from dated March 29, 2011, are not subject to the LA–4A, LAKE LA–4P, and LAKE LA–4– a manufacturer or other source, use these 200 airplanes. The existing AD currently requirements of paragraphs (g) and (h) of this actions if they are FAA-approved. Corrective AD, unless an oxygen container has been actions are considered FAA-approved if they requires a one-time dye-penetrant replaced since the airplane’s entry into are approved by the State of Design Authority inspection of the horizontal stabilizer service. (or their delegated agent). You are required attachment fitting and repetitive visual (4) Model A319 airplanes that are equipped to assure the product is airworthy before it inspections of the fitting for any with a gaseous oxygen system for passengers, evidence of fretting, cracking, or installed in production with Airbus is returned to service. corrosion (with necessary replacement modification 33125, do not have the affected (m) Related Information passenger oxygen containers installed. and modification); replacement of the Unless these airplanes have been modified (1) Refer to MCAI European Aviation fitting upon reaching the 850-hours in-service (no approved Airbus modification Safety Agency Airworthiness Directive 2011– time-in-service (TIS) safe life; and exists), the requirements of paragraphs (g) 0167, dated September 6, 2011, and the reporting to the FAA the results of the and (h) of this AD do not apply to these service information specified in paragraphs initial inspection and any cracks found (m)(1)(i), (m)(1)(ii), and (m)(1)(iii) of this AD, airplanes. on repetitive inspections. Since we for related information. (j) Parts Installation Limitations (i) Airbus Service Bulletin A320–35A1047, issued AD 2005–12–02, Revo, As of the effective date of this AD, no dated March 29, 2011. Incorporated informed the FAA that person may install an oxygen container (ii) B/E AEROSPACE Service Bulletin while the drawing numbers are having a part number specified in table 2 of 1XCXX–0100–35–005, Revision 1, dated different, the attachment fittings on the this AD and having a serial number specified December 15, 2012. Model COLONIAL C–1 airplanes are in table 1 of this AD, on any airplane, unless (iii) B/E AEROSPACE Service Bulletin identical in every other respect to those the container has been modified in 22CXX–0100–35–003, Revision 1, dated installed on the airplanes referenced in accordance with the Accomplishment December 20, 2011. AD 2005–12–02. This proposed AD Instructions of any of the following service (2) For Airbus service information bulletins; as applicable: would retain the actions required by AD identified in this proposed AD, contact (1) Airbus Service Bulletin A320–35A1047, 2005–12–02, add the Model COLONIAL Airbus, Airworthiness Office—EAS, 1 Rond dated March 29, 2011. C–1 airplanes to the Applicability, and (2) B/E AEROSPACE Service Bulletin Point Maurice Bellonte, 31707 Blagnac add an optional terminating action for 1XCXX–0100–35–005, Revision 1, dated Cedex, France; telephone +33 5 61 93 36 96; the requirements. We are proposing this December 15, 2012. fax +33 5 61 93 44 51; email [email protected]; Internet AD to correct the unsafe condition on (3) B/E AEROSPACE Service Bulletin these products. 22CXX–0100–35–003, Revision 1, dated http://www.airbus.com. For B/E service December 20, 2011. information identified in this proposed AD, DATES: We must receive comments on contact B/E Aerospace Systems GmbH, this proposed AD by October 1, 2012. (k) Credit for Previous Actions Revalstrasse 1, 23560 Lubeck, Germany; ADDRESSES: You may send comments, This paragraph provides credit for the telephone (49) 451 4093–2976; fax (49) 451 using the procedures found in 14 CFR actions required by paragraph (h) of this AD, 4093–4488. You may review copies of the 11.43 and 11.45, by any of the following if those actions were performed before the referenced service information at the FAA, methods: effective date of this AD using the service Transport Airplane Directorate, 1601 Lind • Federal eRulemaking Portal: Go to information specified in paragraph (k)(1) or Avenue SW., Renton, WA. For information (k)(2) of this AD. on the availability of this material at the http://www.regulations.gov. Follow the (1) B/E AEROSPACE Service Bulletin FAA, call 425–227–1221. instructions for submitting comments. 1XCXX–0100–35–005, dated March 14, 2011. • Fax: 202–493–2251. (2) B/E AEROSPACE Service Bulletin Issued in Renton, Washington, on August • Mail: U.S. Department of 22CXX–0100–35–003, dated March 17, 2011. 3, 2012. Transportation, Docket Operations, M– (l) Other FAA AD Provisions Ali Bahrami, 30, West Building Ground Floor, Room Manager, Transport Airplane Directorate, The following provisions also apply to this W12–140, 1200 New Jersey Avenue SE., Aircraft Certification Service. AD: Washington, DC 20590. (1) Alternative Methods of Compliance [FR Doc. 2012–20112 Filed 8–15–12; 8:45 am] • Hand Delivery: Deliver to Mail (AMOCs): The Manager, International BILLING CODE 4910–13–P address above between 9 a.m. and 5

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p.m., Monday through Friday, except regulations.gov, including any personal installation of STC SA02153NY or STC Federal holidays. information you provide. We will also SA03217AT as options to this AD. For service information identified in post a report summarizing each Relevant Service Information this AD, contact Revo, Incorporated, substantive verbal contact we receive 1396 Grandview Boulevard, Kissimmee, about this proposed AD. We reviewed Revo, Inc. Service FL 34744; telephone: (407) 847–8080; Bulletin B–78 R3, dated January 10, Discussion email: [email protected]; Lake 2012; Revo, Inc. Service Bulletin B–78 Central Air Services, Muskoka Airport, On June 2, 2005, we issued AD 2005– R2, dated October 26, 2011; and Revo, R.R. #1, Gravenhurst, Ontario, Canada 12–02, amendment 39–14118 (70 FR Inc. Service Bulletin B–78, dated April P1P 1R1; telephone: (705) 687–4343; 33820, June 10, 2005), for all Revo, 3, 1998. The service information email: [email protected]; Internet: Incorporated (Type Certificate 1A13 describes procedures for: www.lakecentral.com; and Robert L. formerly held by Colonial Aircraft • Removing the fitting and inspecting Copeland, 418B Bartow Municipal Company, Lake Aircraft Corporation, (both visual and dye penetrant) for Airport, Bartow, FL 33830; telephone: Consolidated Aeronautics, Inc., and cracks, fretting, or corrosion; none; email: none; Internet: none. You Global Amphibians LLC) Models • Replacing the attachment fitting may review copies of the referenced COLONIAL C–2, LAKE LA–4, LAKE with a new fitting; LA–4A, LAKE LA–4P, and LAKE LA–4– service information at the FAA, Small • Measuring the gap between the 200 airplanes. That AD requires a one- Airplane Directorate, 901 Locust St., attachment fitting and the horizontal time dye-penetrant inspection of the Kansas City, Missouri 64106. For stabilizer skin for proper clearance; and information on the availability of this horizontal stabilizer attachment fitting • and repetitive visual inspections of the Trimming the stabilizer skin to material at the FAA, call (816) 329– provide proper clearance. 4148. fitting for any evidence of fretting, cracking, or corrosion (with necessary We reviewed Lake Central Aircraft Examining the AD Docket replacement and modification); Services Lake Amphibian Stabilizer Fitting LC–2200–21 Installation You may examine the AD docket on replacement of the fitting upon reaching the 850-hours TIS safe life; and Instructions, Rev B, dated August 26, the Internet at http://www.regulations. 2005, and Lake Central Air Services gov; or in person at the Docket reporting to the FAA the results of the initial inspection and any cracks found Stabilizer Fitting LC–2200–21 Management Facility between 9 a.m. Maintenance Manual Supplement and 5 p.m., Monday through Friday, on repetitive inspections. That AD resulted from several reports of fatigue Document MS–LC–2200–21, Rev B, except Federal holidays. The AD docket dated August 26, 2005. The service contains this proposed AD, the cracks found in the horizontal stabilizer attachment fitting (part number (P/N) 2– information describes procedures for regulatory evaluation, any comments installation of the Lake Central Aircraft received, and other information. The 2200–21) of Model LA–4–200 airplanes that were in compliance with AD 98– Services Lake Amphibian stabilizer street address for the Docket Office fitting (STC SA02153NY). (phone: 800–647–5527) is in the 10–12 (63 FR 26964, May 15, 1998). We We reviewed XLS Company, LLC ADDRESSES section. Comments will be issued that AD to detect, correct, and Report XLS–2–2200–500, Installation available in the AD docket shortly after prevent future cracks in the horizontal Instructions and Instructions for receipt. stabilizer attachment fitting, which could result in failure of the horizontal Continued Airworthiness, Revision B, FOR FURTHER INFORMATION CONTACT: Hal stabilizer attachment fitting. This failure November 18, 2005. The service Horsburgh, Aerospace Engineer, Atlanta could result in loss of control of the information describes procedures for Aicraft Certification Office, FAA, 1701 airplane. installation of the XLS Co., LLC Columbia Avenue, College Park, Georgia horizontal stabilizer support fitting 30337; phone: (404) 474–5553; fax: (404) Actions Since Existing AD Was Issued system (STC SA03217AT). 474–5606; email: hal.horsburgh@faa. Since we issued AD 2005–12–02 (70 FAA’s Determination gov. FR 33820, June 10, 2005), Revo, SUPPLEMENTARY INFORMATION: Incorporated on January 10, 2012, We are proposing this AD because we informed the FAA that while the evaluated all the relevant information Comments Invited drawing numbers are different, the and determined the unsafe condition We invite you to send any written attachment fittings on the Model described previously is likely to exist or relevant data, views, or arguments about COLONIAL C–1 airplanes are identical develop in other products of the same this proposed AD. Send your comments in every other respect to those installed type design. to an address listed under the on the airplanes referenced in AD 2005– Proposed AD Requirements ADDRESSES section. Include ‘‘Docket No. 12–02. FAA–2012–0845; Directorate Identifier Also, since we issued AD 2005–12–02 This proposed AD would retain all 2012–CE–013–AD’’ at the beginning of (70 FR 33820, June 10, 2005), we requirements of AD 2005–12–02 (70 FR your comments. We specifically invite determined that installation of 33820, June 10, 2005), add airplanes to comments on the overall regulatory, Supplemental Type Certificate (STC) the Applicability section, and add an economic, environmental, and energy SA02153NY (part number (P/N) LC– optional terminating action for the aspects of this proposed AD. We will 2200–21) or STC SA03217AT (P/N requirements of this AD. consider all comments received by the XLS–2–2200–221L/R) terminates the Costs of Compliance closing date and may amend this requirements of this AD. The actions proposed AD because of those required in the instructions for We estimate that this proposed AD comments. continued airworthiness for the STCs affects 253 airplanes of U.S. registry. We will post all comments we would still apply to airplanes with those We estimate the following costs to receive, without change, to http://www. STCs installed. We propose to include comply with this proposed AD:

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ESTIMATED COSTS

Cost on Action Labor cost Parts cost Cost per U.S. opera- product tors

Inspect the horizontal stabilizer attachment fitting ...... 24 work-hours × $85 per hour Not Applicable $2,040 $516,120 = $2,040. Measure the gap between the horizontal skin and the hori- 1 work-hour × $85 per hour = Not Applicable 85 21,505 zontal stabilizer attachment fitting; trim the skin to provide $85. gap.

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace the horizontal stabilizer attachment fitting ...... 24 work-hours × $85 per hour = $2,040 ...... $761 $2,801

Authority for This Rulemaking (4) Will not have a significant airplanes, all serial numbers, that are economic impact, positive or negative, certificated in any category, and have Title 49 of the United States Code installed horizontal stabilizer attachment specifies the FAA’s authority to issue on a substantial number of small entities under the criteria of the Regulatory fittings part number (P/N) 1–2200–14, 2200– rules on aviation safety. Subtitle I, 14, or 2–2200–21. Section 106, describes the authority of Flexibility Act. (d) Subject the FAA Administrator. Subtitle VII, List of Subjects in 14 CFR Part 39 Aviation Programs, describes in more Joint Aircraft System Component (JASC)/ detail the scope of the Agency’s Air transportation, Aircraft, Aviation Air Transport Association (ATA) of America authority. safety, Incorporation by reference, Code 55: Stabilizers. We are issuing this rulemaking under Safety. (e) Unsafe Condition the authority described in Subtitle VII, The Proposed Amendment This AD was prompted by information Part A, Subpart III, Section 44701, from Revo, Incorporated that while the ‘‘General requirements.’’ Under that Accordingly, under the authority delegated to me by the Administrator, drawing numbers are different, the section, Congress charges the FAA with attachment fittings on the Model COLONIAL promoting safe flight of civil aircraft in the FAA proposes to amend 14 CFR part C–1 airplanes are identical in every other air commerce by prescribing regulations 39 as follows: respect to those installed on the airplanes for practices, methods, and procedures referenced in AD 2005–12–02 (70 FR 33820, PART 39—AIRWORTHINESS June 10, 2005). We are issuing this AD to the Administrator finds necessary for DIRECTIVES safety in air commerce. This regulation retain the actions required by AD 2005–12– 02, add the Model COLONIAL C–1 airplanes is within the scope of that authority 1. The authority citation for part 39 to the Applicability, and add an optional because it addresses an unsafe condition continues to read as follows: terminating action for the requirements. We that is likely to exist or develop on Authority: 49 U.S.C. 106(g), 40113, 44701. are adopting this AD to correct the unsafe products identified in this rulemaking condition on these products. action. § 39.13 [Amended] (f) Compliance Regulatory Findings 2. The FAA amends § 39.13 by removing airworthiness directive (AD) Comply with this AD within the We have determined that this compliance times specified, unless already 2005–12–02, Amendment 39–10524 (70 done. proposed AD would not have federalism FR 33820, June 10, 2005), and adding implications under Executive Order the following new AD: (g) Dye Penetrant Inspection on the 13132. This proposed AD would not Horizontal Stabilizer Attachment Fitting Revo, Incorporated: Docket No. FAA–2012– have a substantial direct effect on the (1) For airplanes with less than 825 hours States, on the relationship between the 0845; Directorate Identifier 2012–CE– 013–AD. time-in-service (TIS) on any horizontal national Government and the States, or stabilizer attachment fitting: Remove the on the distribution of power and (a) Comments Due Date horizontal stabilizer attachment (P/N 1– responsibilities among the various The FAA must receive comments on this 2200–14, 2200–14, or 2–2200–21) from the levels of government. AD action by October 1, 2012. airplane and inspect for cracks (using dye For the reasons discussed above, I penetrant), fretting, or corrosion using the (b) Affected ADs certify that the proposed regulation: applicable compliance times stated below. To (1) Is not a ‘‘significant regulatory This AD supersedes AD 2005–12–02, take ‘‘already done’’ credit for this action’’ under Executive Order 12866, Amendment 39–10524 (70 FR 33820, June inspection, you must have removed the 10, 2005). horizontal stabilizer attachment from the (2) Is not a ‘‘significant rule’’ under airplane when the inspection was done. the DOT Regulatory Policies and (c) Applicability (i) For COLONIAL C–2, LAKE LA–4, LAKE Procedures (44 FR 11034, February 26, This AD applies to the following Revo, LA–4A, LAKE LA–4P, and LAKE LA–4–200 1979), Incorporated Models COLONIAL C–1, airplanes: Within the next 25 hours TIS after (3) Will not affect intrastate aviation COLONIAL C–2, LAKE LA–4, LAKE LA–4A, July 8, 2005 (the effective date of AD 2005– in Alaska, and LAKE LA–4P, and LAKE LA–4–200 12–02 (70 FR 33820, June 10, 2005)). Follow

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Revo Inc. Service Bulletin B–78 R3, dated attachment fitting P/N 1–2200–14, 2200–14, (l) Special Flight Permit January 10, 2012; or Revo Inc. Service or 2–2200–21. P/N 2–2200–21 is an approved Special flight permits are allowed for this Bulletin B–78 R2, dated April 3, 1998. replacement part for P/N 1–2200–14 or 2200– AD with these limitations: (ii) For COLONIAL C–1 airplanes: Within 14. Follow Revo Inc. Service Bulletin B–78 (1) Vne reduced to 121 m.p.h. (105 knots); the next 25 hours TIS after the effective date R3, dated January 10, 2012. and of this AD. Follow Revo Inc. Service Bulletin (3) For all airplanes: You may at any time (2) No flight into known turbulence. B–78 R3, dated January 10, 2012. install the following supplemental type (2) If cracks, fretting, or corrosion is found certificates (STC) to terminate the (m) Paperwork Reduction Act Burden during the inspection required in either requirements of this AD; however, the Statement paragraph (g)(1)(i) or (g)(1)(ii) of this AD, actions required by the limitations section in A federal agency may not conduct or before further flight, replace with P/N 2– the instructions for continued airworthiness sponsor, and a person is not required to 2200–21. P/N 2–2200–21 is an approved for the STCs still apply: respond to, nor shall a person be subject to replacement for P/N 1–2200–14 or 2200–14. (i) Lake Central Aircraft Services Lake a penalty for failure to comply with a Follow Revo Inc. Service Bulletin B–78 R3, Amphibian stabilizer fitting (STC collection of information subject to the dated January 10, 2012. SA02153NY) following Lake Central Aircraft requirements of the Paperwork Reduction Services Lake Amphibian Stabilizer Fitting Act unless that collection of information (h) Repetitive Inspections of the Horizontal LC–2200–21 Installation Instructions, Rev B, displays a current valid OMB Control Stabilizer Attachment Fitting dated August 26, 2005; and Lake Central Air Number. The OMB Control Number for this (1) For all airplanes: After the dye- Services Stabilizer Fitting LC–2200–21 information collection is 2120–0056. Public penetrant inspection required in paragraph Maintenance Manual Supplement Document reporting for this collection of information is (g) of this AD or after replacement of the MS–LC–2200–21, Rev B, dated August 26, estimated to be approximately 5 minutes per fitting, at intervals not to exceed 50 hours TIS 2005; or response, including the time for reviewing or 12 months, whichever occurs first, (ii) XLS Co., LLC horizontal stabilizer instructions, completing and reviewing the repetitively inspect (visual) the horizontal support fitting system (STC SA03217AT) collection of information. All responses to stabilizer attachment fitting using the following XLS Company, LLC Report XLS–2– this collection of information are mandatory. following procedures: 2200–500, Installation Instructions and Comments concerning the accuracy of this (i) Move the elevator as required to see the Instructions for Continued Airworthiness, burden and suggestions for reducing the fitting, ensuring that the aft face of the fitting Revision B, November 18, 2005. burden should be directed to the FAA at: 800 is visible. Note for paragraph (i)(3)(ii) of this AD: Independence Ave. SW., Washington, DC (ii) Clean the fitting. Pay special attention New parts are not currently available for STC 20591, Attn: Information Collection to the radius edges of the fitting just outboard SA03217AT; however, the STC number has Clearance Officer, AES–200. of the fitting ear. been included here for future reference if the (iii) Visually inspect the fitting for cracks parts do become available. (n) Alternative Methods of Compliance (AMOCs) using a flashlight (a small magnifying glass (4) You may install airworthy horizontal or borescope is recommended). Pay special stabilizer attachment fitting, P/N 1–2200–14, (1) The Manager, Atlanta ACO, FAA, has attention again to the radius edges just 2200–14, or 2–2200–21, provided it has less the authority to approve AMOCs for this AD, outboard of the fitting ear. Also, inspect as than 850 hours TIS and has been inspected if requested using the procedures found in 14 far forward on the edge that is possible following paragraph (g) of this AD and found CFR 39.19. In accordance with 14 CFR 39.19, because some cracks progress along the free of cracks, fretting, or corrosion. send your request to your principal inspector forward face of the fitting that is mostly or local Flight Standards District Office, as hidden by the horizontal stabilizer rear beam. (j) Measure the Gap Between the Horizontal appropriate. If sending information directly (iv) Reference the sketch on page 1 of Revo Skin and the Horizontal Stabilizer to the manager of the ACO, send it to the Inc. Service Bulletin B–78 R3, dated January Attachment Fitting; Trim the Skin To attention of the person identified in the 10, 2012, to see where the crack is likely to Provide Gap Related Information section of this AD. begin. (1) For all airplanes: Measure the gap (2) Before using any approved AMOC, (2) If any cracks are found during any of between the horizontal skin and the notify your appropriate principal inspector, the inspections required in paragraph (h) of horizontal stabilizer attachment fitting (P/N or lacking a principal inspector, the manager this AD, before further flight, replace the 1–2200–14, 2200–14, or 2–2200–21). If gap is of the local flight standards district office/ fitting following Revo Inc. Service Bulletin less than 1⁄16-inch, trim the skin to provide certificate holding district office. B–78 R3, dated January 10, 2012. at least 1⁄16 inch gap. (3) AMOCs approved for AD 2005–12–02 (2) Perform the actions in paragraph (j)(1) (70 FR 33820, June 10, 2005) are approved as (i) Replace the Horizontal Stabilizer before further flight after any inspection AMOCs for this AD. Attachment Fitting required by paragraph (g)(1)(i) or (g)(1)(ii) of (o) Related Information (1) For COLONIAL C–2, LAKE LA–4, LAKE this AD, or replacement of the fitting LA–4A, LAKE LA–4P, and LAKE LA–4–200 required by paragraph (g)(2) or (h)(2) of this (1) For more information about this AD, airplanes: Before or when the horizontal AD. contact Hal Horsburgh, Aerospace Engineer, stabilizer attachment fitting accumulates 850 Atlanta ACO, FAA, 1701 Columbia Avenue, hours TIS or within 25 hours TIS after July (k) Report the Results of the Initial College Park, Georgia 30337; phone: (404) 8, 2005 (the effective date of AD 2005–12–02 Inspection 474–5553; fax: (404) 474–5606; email: (70 FR 33820, June 10, 2005)), whichever For all airplanes: Using the form in [email protected]. occurs later, and repetitively thereafter at Appendix 1 of this AD report the results of (2) For service information identified in intervals not to exceed 850 hours TIS replace the inspections required in paragraphs (g) this AD, contact Revo, Incorporated, 1396 the horizontal stabilizer attachment fitting P/ and (h) of this AD. Send the results to the Grandview Boulevard, Kissimmee, FL 34744; N 1–2200–14, 2200–14, or 2–2200–21. P/N 2– FAA using the following contact information: telephone: (407) 847–8080; email: 2200–21 is an approved replacement part for Hal Horsburgh, FAA Atlanta Aircraft [email protected]; Internet: none; Lake P/N 1–2200–14 or 2200–14. Follow Revo Inc. Certification Office (ACO), 1701 Columbia Central Air Services, Muskoka Airport, R. R. Service Bulletin B–78 R3, dated January 10, Ave., College Park, GA 30337; fax (404) 474– #1, Gravenhurst, Ontario, Canada P1P 1R1; 2012; or Revo Inc. Service Bulletin B–78 R2, 5606; or email: [email protected]. Send telephone: (705) 687–4343; email: dated April 3, 1998. the results within the following compliance [email protected]; Internet: (2) For COLONIAL C–1 airplanes: Before or times: www.lakecentral.com; and Robert L. when the horizontal stabilizer attachment (1) Within 30 days after the inspection Copeland, 418B Bartow Municipal Airport, fitting accumulates 850 hours TIS or within required in paragraph (g) of this AD even if Bartow, FL 33830; telephone: none; email: 25 hours TIS after the effective date of this no damage is found. none; Internet: none. You may review copies AD, whichever occurs later, and repetitively (2) Within 30 days after any inspection of the referenced service information at the thereafter at intervals not to exceed 850 hours required by paragraph (h) of this AD if cracks FAA, Small Airplane Directorate, 901 Locust TIS replace the horizontal stabilizer are found. St., Kansas City, Missouri 64106. For

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information on the availability of this Appendix 1 to Docket No. FAA–2012– material at the FAA, call (816) 329–4148. 0845 INSPECTION REPORT for Revo, Incorporated Models COLONIAL C–1, COLONIAL C–2, LAKE LA–4, LAKE LA–4A, LAKE LA–4P, and LAKE LA–4–200 Airplanes BILLING CODE 4910–13–P

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Issued in Kansas City, Missouri, on August Washington, DC, between 9 a.m. and 5 Discussion 9, 2012. p.m., Monday through Friday, except Transport Canada Civil Aviation Earl Lawrence, Federal holidays. (TCCA), which is the aviation authority Manager, Small Airplane Directorate, Aircraft For service information identified in for Canada, has issued Canadian Certification Service. this proposed AD, contact Bombardier, Airworthiness Directive CF–2012–03, [FR Doc. 2012–20107 Filed 8–15–12; 8:45 am] Inc., Q–Series Technical Help Desk, 123 dated January 11, 2012 (referred to after BILLING CODE 4910–13–C Garratt Boulevard, Toronto, Ontario this as ‘‘the MCAI’’), to correct an unsafe M3K 1Y5, Canada; telephone 416–375– condition for the specified products. 4000; fax 416–375–4539; email The MCAI states: DEPARTMENT OF TRANSPORTATION [email protected]; There has been one (1) reported in-service Federal Aviation Administration Internet http://www.bombardier.com. incident where the propeller de-icing system You may review copies of the became unavailable due to burnt/chafed 14 CFR Part 39 referenced service information at the wires within the Alternating Current FAA, Transport Airplane Directorate, Contactor Box (ACCB). There has also been [Docket No. FAA–2012–0806; Directorate 1601 Lind Avenue SW., Renton, a number of additional minor events of wires Identifier 2012–NM–022–AD] Washington. For information on the found chafed within ACCBs. An investigation revealed that inadequate RIN 2120–AA64 availability of this material at the FAA, call 425–227–1221. clearance between the wires and metallic structure within the ACCB could cause Airworthiness Directives; Bombardier, Examining the AD Docket chafed wires. Inc. Airplanes Damaged, chafed or loose wiring within an ACCB could affect the operation of the AGENCY: Federal Aviation You may examine the AD docket on windshield heater, ice detector, angle of Administration (FAA), DOT. the Internet at http:// www.regulations.gov; or in person at the attack (AOA) vane heater, pitot probe heater, ACTION: Notice of proposed rulemaking Docket Operations office between 9 a.m. engine intake heater or propeller de-icing (NPRM). system. Loss of one of these systems could and 5 p.m., Monday through Friday, adversely affect the aeroplane’s flight SUMMARY: We propose to adopt a new except Federal holidays. The AD docket characteristics in icing conditions. airworthiness directive (AD) for certain contains this proposed AD, the This [TCCA] Airworthiness Directive (AD) Bombardier, Inc. Model DHC–8–400, regulatory evaluation, any comments mandates the [visual] inspection [for –401, and –402 airplanes. This proposed received, and other information. The damaged, chafed, and loose wiring within an AD was prompted by reports of an in- street address for the Docket Operations ACCB and replace if necessary] and service incident where the propeller de- office (telephone (800) 647–5527) is in rectification [rework] of the wiring installation within each ACCB. icing system became unavailable due to the ADDRESSES section. Comments will burnt/chafed wires within the be available in the AD docket shortly You may obtain further information alternating current contractor box after receipt. by examining the MCAI in the AD docket. (ACCB). This proposed AD would FOR FURTHER INFORMATION CONTACT: require inspection for chafing, damage, Assata Dessaline, Aerospace Engineer, Relevant Service Information and loose wiring within an ACCB and Avionics and Flight Test Branch, ANE– Bombardier, Inc. has issued the repair if necessary; and would require 172, FAA, New York Aircraft rework and re-identification of the following service bulletins: Certification Office (ACO), 1600 Stewart • Bombardier Service Bulletin 84–24– wiring installation within each ACCB. Avenue, Suite 410, Westbury, New York We are proposing this AD to detect and 47, Revision A, dated September 14, 11590; telephone (516) 228–7301; fax 2011. correct damaged, chafed, or loose wiring (516) 794–5531. • within an ACCB, which could affect the Bombardier Service Bulletin 84–24– operation of the windshield heater, ice SUPPLEMENTARY INFORMATION: 48, Revision A, dated September 14, 2011. detector, angle of attack (AOA) vane Comments Invited • heater, pilot probe heater, engine intake Bombardier Service Bulletin 84–24– 49, Revision A, dated September 14, heater, or propeller de-icing system, and We invite you to send any written 2011. subsequently adversely affect the relevant data, views, or arguments about • Bombardier Service Bulletin 84–24– airplane’s flight characteristics in icing this proposed AD. Send your comments 50, Revision A, dated September 14, conditions. to an address listed under the 2011. ADDRESSES section. Include ‘‘Docket No. DATES: We must receive comments on The actions described in this service FAA–2012–0806; Directorate Identifier this proposed AD by October 1, 2012. information are intended to correct the 2012–NM–022–AD’’ at the beginning of ADDRESSES: You may send comments by unsafe condition identified in the your comments. We specifically invite any of the following methods: MCAI. • Federal eRulemaking Portal: Go to comments on the overall regulatory, http://www.regulations.gov. Follow the economic, environmental, and energy FAA’s Determination and Requirements instructions for submitting comments. aspects of this proposed AD. We will of This Proposed AD • Fax: (202) 493–2251. consider all comments received by the This product has been approved by • Mail: U.S. Department of closing date and may amend this the aviation authority of another Transportation, Docket Operations, M– proposed AD based on those comments. country, and is approved for operation 30, West Building Ground Floor, Room We will post all comments we in the United States. Pursuant to our W12–140, 1200 New Jersey Avenue SE., receive, without change, to http:// bilateral agreement with the State of Washington, DC 20590. www.regulations.gov, including any Design Authority, we have been notified • Hand Delivery: U.S. Department of personal information you provide. We of the unsafe condition described in the Transportation, Docket Operations, M– will also post a report summarizing each MCAI and service information 30, West Building Ground Floor, Room substantive verbal contact we receive referenced above. We are proposing this W12–140, 1200 New Jersey Avenue SE., about this proposed AD. AD because we evaluated all pertinent

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information and determined an unsafe 3. Will not affect intrastate aviation in compliance times specified, unless the condition exists and is likely to exist or Alaska; and actions have already been done. develop on other products of the same 4. Will not have a significant (g) Inspection type design. economic impact, positive or negative, For serial numbers 4001 through 4354 and on a substantial number of small entities Costs of Compliance 4356 through 4366: Within 6,000 flight hours under the criteria of the Regulatory or 36 months after the effective date of this Based on the service information, we Flexibility Act. AD, whichever occurs first: Do a general estimate that this proposed AD would We prepared a regulatory evaluation visual inspection for chafing, damage, and affect about 83 products of U.S. registry. of the estimated costs to comply with insulation damage, and rework the wiring We also estimate that it would take this proposed AD and placed it in the within the ACCB, in accordance with the about 7 work-hours per product to AD docket. Accomplishment Instructions in the applicable Bombardier service bulletins comply with the basic requirements of List of Subjects in 14 CFR Part 39 specified in paragraphs (g)(1) through (g)(4) this proposed AD. The average labor of this AD. If any chafing, damage, or rate is $85 per work-hour. Based on Air transportation, Aircraft, Aviation insulation damage is found, before further these figures, we estimate the cost of the safety, Incorporation by reference, flight, replace the damaged wiring, in proposed AD on U.S. operators to be Safety. accordance with the Accomplishment $49,385, or $595 per product. Instructions of the applicable Bombardier The Proposed Amendment In addition, we estimate that any service bulletins specified in paragraphs necessary follow-on actions would take Accordingly, under the authority (g)(1) through (g)(4) of this AD. delegated to me by the Administrator, (1) Bombardier Service Bulletin 84–24–47, about 2 work-hours and require parts Revision A, dated September 14, 2011. costing $0, for a cost of $170 per the FAA proposes to amend 14 CFR part (2) Bombardier Service Bulletin 84–24–48, product. We have no way of 39 as follows: Revision A, dated September 14, 2011. determining the number of products (3) Bombardier Service Bulletin 84–24–49, that may need these actions. PART 39—AIRWORTHINESS Revision A, dated September 14, 2011. DIRECTIVES (4) Bombardier Service Bulletin 84–24–50, Authority for This Rulemaking Revision A, dated September 14, 2011. 1. The authority citation for part 39 Title 49 of the United States Code continues to read as follows: (h) Parts Installation Prohibition specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. As of the effective date of this AD, no rules on aviation safety. Subtitle I, person may install an ACCB having the section 106, describes the authority of § 39.13 [Amended] combination of part numbers (P/N) and series the FAA Administrator. ‘‘Subtitle VII: 2. The FAA amends § 39.13 by adding specified in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this AD on any airplane. Aviation Programs,’’ describes in more the following new AD: detail the scope of the Agency’s (1) P/N 1152130–6, series 1, 2, and 4. authority. Bombardier, Inc.: Docket No. FAA–2012– (2) P/N 1152148–6, series 1, 2, 4, and 5. (3) P/N 1152090–6, series 1, 2, and 4. We are issuing this rulemaking under 0806; Directorate Identifier 2012–NM– 022–AD. (4) P/N 1152124–6, series 1, 2, 4, and 5. the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: (a) Comments Due Date (i) Credit for Previous Actions General requirements.’’ Under that We must receive comments by October 1, This paragraph provides credit for the section, Congress charges the FAA with 2012. actions required by paragraph (g) of this AD, if those actions were performed before the promoting safe flight of civil aircraft in (b) Affected ADs air commerce by prescribing regulations effective date of this AD using the applicable None. service bulletins specified in paragraphs for practices, methods, and procedures (i)(1) through (i)(4) of this AD. the Administrator finds necessary for (c) Applicability (1) Bombardier Service Bulletin 84–24–47, safety in air commerce. This regulation This AD applies to Bombardier, Inc. Model dated April 26, 2011. is within the scope of that authority DHC–8–400, –401, and –402 airplanes; (2) Bombardier Service Bulletin 84–24–48, because it addresses an unsafe condition certificated in any category; serial numbers dated April 26, 2011. that is likely to exist or develop on 4001 and subsequent. (3) Bombardier Service Bulletin 84–24–49, dated April 26, 2011. products identified in this rulemaking (d) Subject action. (4) Bombardier Service Bulletin 84–24–50, Air Transport Association (ATA) of dated April 26, 2011. America Code 24: Electrical Power. Regulatory Findings (j) Other FAA AD Provisions We determined that this proposed AD (e) Reason The following provisions also apply to this would not have federalism implications This AD was prompted by reports of an in- AD: under Executive Order 13132. This service incident where the propeller de-icing (1) Alternative Methods of Compliance proposed AD would not have a system became unavailable due to burnt/ (AMOCs): The Manager, New York Aircraft substantial direct effect on the States, on chafed wires within the alternating current Certification Office (ACO), ANE–170, FAA, the relationship between the national contractor box (ACCB) due to inadequate has the authority to approve AMOCs for this clearance. We are issuing this AD to detect AD, if requested using the procedures found Government and the States, or on the and correct damaged, chafed, or loose wiring in 14 CFR 39.19. In accordance with 14 CFR distribution of power and within an ACCB, which could affect the 39.19, send your request to your principal responsibilities among the various operation of the windshield heater, ice inspector or local Flight Standards District levels of government. detector, angle of attack (AOA) vane heater, Office, as appropriate. If sending information For the reasons discussed above, I pilot probe heater, engine intake heater, or directly to the ACO, send it to ATTN: certify this proposed regulation: propeller de-icing system, and subsequently Program Manager, Continuing Operational 1. Is not a ‘‘significant regulatory adversely affect the airplane’s flight Safety, FAA, New York ACO, 1600 Stewart characteristics in icing conditions. Avenue, Suite 410, Westbury, New York action’’ under Executive Order 12866; 11590; telephone 516–228–7300; fax 516– 2. Is not a ‘‘significant rule’’ under the (f) Compliance 794–5531. Before using any approved AMOC, DOT Regulatory Policies and Procedures You are responsible for having the actions notify your appropriate principal inspector, (44 FR 11034, February 26, 1979); required by this AD performed within the or lacking a principal inspector, the manager

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of the local flight standards district office/ repetitive inspections for signs of www.regulations.gov; or in person at the certificate holding district office. The AMOC damage of the aft hinge fittings and Docket Management Facility between 9 approval letter must specifically reference attachment bolts of the thrust reversers, a.m. and 5 p.m., Monday through this AD. and related investigative and corrective Friday, except Federal holidays. The AD (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from actions if necessary. The existing AD docket contains this proposed AD, the a manufacturer or other source, use these also provides for an optional regulatory evaluation, any comments actions if they are FAA-approved. Corrective terminating modification for the received, and other information. The actions are considered FAA-approved if they repetitive inspections. Since we issued street address for the Docket Office are approved by the State of Design Authority the existing AD, we have received (phone: 800–647–5527) is in the (or their delegated agent). You are required reports of incorrectly installed washers ADDRESSES section. Comments will be to assure the product is airworthy before it under the attachment bolts of the aft available in the AD docket shortly after is returned to service. hinge fittings of the thrust reversers. For receipt. (k) Related Information certain airplanes, this proposed AD FOR FURTHER INFORMATION CONTACT: (1) Refer to MCAI Canadian Airworthiness would add a one-time inspection of the Nancy Marsh, Aerospace Engineer, Directive CF–2012–03, dated January 11, washers installed under the attachment Airframe Branch, ANM–120S, FAA, 2012, and the service information specified bolts of the aft hinge fittings for correct Seattle Aircraft Certification Office, in paragraphs (k)(1)(i) through (k)(1)(iv) of installation sequence, and reinstallation 1601 Lind Avenue SW., Renton, this AD, for related information. if necessary. This proposed AD also Washington 98057–3356; phone: 425– (i) Bombardier Service Bulletin 84–24–47, adds an option for installing a 917–6440; fax: 425–917–6590; email: Revision A, dated September 14, 2011. redesigned aft hinge fitting with the trim [email protected]. (ii) Bombardier Service Bulletin 84–24–48, already done, instead of trimming an Revision A, dated September 14, 2011. SUPPLEMENTARY INFORMATION: (iii) Bombardier Service Bulletin 84–24–49, existing or new hinge fitting, which is Revision A, dated September 14, 2011. included in the existing optional Comments Invited (iv) Bombardier Service Bulletin 84–24–50, terminating modification. We are We invite you to send any written Revision A, dated September 14, 2011. proposing this AD to prevent failure of relevant data, views, or arguments about (2) For service information identified in the attachment bolts and consequent this proposed AD. Send your comments this AD, contact Bombardier, Inc., Q–Series separation of a thrust reverser from the to an address listed under the Technical Help Desk, 123 Garratt Boulevard, airplane during flight, which could Toronto, Ontario M3K 1Y5, Canada; ADDRESSES section. Include ‘‘Docket No. result in structural damage to the FAA–2012–0809; Directorate Identifier telephone 416–375–4000; fax 416–375–4539; airplane. email [email protected]; 2011–NM–135–AD’’ at the beginning of Internet http://www.bombardier.com. You DATES: We must receive comments on your comments. We specifically invite may review copies of the referenced service this proposed AD by October 1, 2012. comments on the overall regulatory, information at the FAA, Transport Airplane ADDRESSES: You may send comments, economic, environmental, and energy Directorate, 1601 Lind Avenue SW., Renton, using the procedures found in 14 CFR aspects of this proposed AD. We will WA. For information on the availability of consider all comments received by the this material at the FAA, call 425–227–1221. 11.43 and 11.45, by any of the following methods: closing date and may amend this Issued in Renton, Washington, on August • Federal eRulemaking Portal: Go to proposed AD because of those 3, 2012. http://www.regulations.gov. Follow the comments. Ali Bahrami, instructions for submitting comments. We will post all comments we Manager, Transport Airplane Directorate, • Fax: 202–493–2251. receive, without change, to http:// Aircraft Certification Service. • Mail: U.S. Department of www.regulations.gov, including any [FR Doc. 2012–20110 Filed 8–15–12; 8:45 am] Transportation, Docket Operations, M– personal information you provide. We BILLING CODE 4910–13–P 30, West Building Ground Floor, Room will also post a report summarizing each W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive Washington, DC 20590. about this proposed AD. DEPARTMENT OF TRANSPORTATION • Hand Delivery: Deliver to Mail Discussion address above between 9 a.m. and 5 Federal Aviation Administration p.m., Monday through Friday, except On June 8, 2008, we issued AD 2008– Federal holidays. 13–20, Amendment 39–15583 (73 FR 14 CFR Part 39 For service information identified in 37786, July 2, 2008), for certain Model [Docket No. FAA–2012–0809; Directorate this proposed AD, contact Boeing 757 airplanes equipped with Rolls- Identifier 2011–NM–135–AD] Commercial Airplanes, Attention: Data Royce RB211–535E engines. That AD & Services Management, P.O. Box 3707, requires repetitive inspections for signs RIN 2120–AA64 MC 2H–65, Seattle, Washington 98124– of damage of the aft hinge fittings and Airworthiness Directives; The Boeing 2207; telephone 206–544–5000, attachment bolts of the thrust reversers, Company Airplanes extension 1; fax 206–766–5680; Internet and related investigative and corrective https://www.myboeingfleet.com. You actions if necessary. That AD also AGENCY: Federal Aviation may review copies of the referenced provides for an optional terminating Administration (FAA), DOT. service information at the FAA, modification for the repetitive ACTION: Notice of proposed rulemaking Transport Airplane Directorate, 1601 inspections. That AD resulted from (NPRM). Lind Avenue SW., Renton, Washington. reports of several incidents of bolt For information on the availability of failure at the aft hinge fittings of the SUMMARY: We propose to supersede an this material at the FAA, call 425–227– thrust reversers due to, among other existing airworthiness directive (AD) 1221. things, high operational loads. We that applies to certain The Boeing issued that AD to prevent failure of the Company Model 757 airplanes equipped Examining the AD Docket attachment bolts and consequent with Rolls-Royce RB211–535E engines. You may examine the AD docket on separation of a thrust reverser from the The existing AD currently requires the Internet at http:// airplane during flight, which could

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result in structural damage to the adds an option of installing a redesigned require accomplishing the actions airplane. aft hinge fitting with the trim already specified in the service information done, instead of trimming an existing or described previously, except as Actions Since Existing AD Was Issued new hinge fitting. discussed under ‘‘Difference Between Since we issued AD 2008–13–20, the Proposed AD and the Service FAA’s Determination Amendment 39–15583 (73 FR 37786, Information.’’ July 2, 2008), we have received reports We are proposing this AD because we of incorrectly installed washers evaluated all the relevant information Difference Between the Proposed AD installed under the attachment bolts of and determined the unsafe condition and the Service Information the aft hinge fittings of the thrust described previously is likely to exist or Although Boeing Special Attention reversers, due to an error in the original develop in other products of the same Service Bulletins 757–54–0049 and service information. type design. 757–54–0050, both Revision 2, both Relevant Service Information Proposed AD Requirements dated July 27, 2011, specify that you may contact the manufacturer for repair We reviewed Boeing Special This proposed AD would retain all instructions, this proposed AD would Attention Service Bulletin 757–54– requirements of AD 2008–13–20, require you to repair in one of the 0049, Revision 1, dated September 23, Amendment 39–15583 (73 FR 37786, following ways: July 2, 2008). For certain airplanes, this 2009; and Revision 2, dated July 27, • 2011 (for Model 757–200, –200CB, and proposed AD would add a detailed In accordance with a method that –200PF airplanes). We also reviewed inspection of the washers installed we approve; or Boeing Special Attention Service under the attachment bolts of the aft • Using data that meet the Bulletin 757–54–0050, Revision 1, dated hinge fittings for correct installation certification basis of the airplane, and October 7, 2009; and Revision 2, dated sequence, and if incorrect, removal and that have been approved by the Boeing July 27, 2011 (for Model 757–300 reinstallation of the washer stack up. Commercial Airplanes Organization airplanes). For Group 1, Configuration 2 This proposed AD would also include Designation Authorization (ODA) whom airplanes, Revision 1 of these service an option (as part of the optional we have authorized to make those bulletins adds procedures for a detailed terminating action in the existing AD) findings. inspection of the washers installed for installing a redesigned aft hinge Costs of Compliance under the attachment bolts of the aft fitting designed with the trim already hinge fittings for correct installation done, instead of trimming an existing or We estimate that this proposed AD sequence, and if incorrect, removal and new hinge fitting, which is included in affects 389 airplanes of U.S. registry. reinstallation of the washer stack up. the existing optional terminating We estimate the following costs to Revision 2 of these service bulletins modification. This proposed AD would comply with this proposed AD:

ESTIMATED COSTS

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

Retained inspections in AD 2008–13–20, 2 work-hours × $85 per $0 $170 per inspection cycle $66,130 per inspection Amendment 39–15583 (73 FR 37786, hour = $170 per inspec- cycle. July 2, 2008). tion cycle. Optional modification in AD 2008–13–20 61 work hours × $85 per 5,276 10,461 ...... Up to $4,069,329. (includes new optional actions). hour = $5,185. New proposed inspection ...... 6 work-hours × $85 per 0 510 ...... Up to $198,390. hour = $510.

We have received no definitive data safety in air commerce. This regulation (2) Is not a ‘‘significant rule’’ under that would enable us to provide cost is within the scope of that authority the DOT Regulatory Policies and estimates for the on-condition actions because it addresses an unsafe condition Procedures (44 FR 11034, February 26, specified in this proposed AD. that is likely to exist or develop on 1979), products identified in this rulemaking Authority for This Rulemaking (3) Will not affect intrastate aviation action. in Alaska, and Title 49 of the United States Code specifies the FAA’s authority to issue Regulatory Findings (4) Will not have a significant rules on aviation safety. Subtitle I, economic impact, positive or negative, We have determined that this on a substantial number of small entities Section 106, describes the authority of proposed AD would not have federalism the FAA Administrator. Subtitle VII, under the criteria of the Regulatory implications under Executive Order Flexibility Act. Aviation Programs, describes in more 13132. This proposed AD would not detail the scope of the Agency’s have a substantial direct effect on the List of Subjects in 14 CFR Part 39 authority. States, on the relationship between the We are issuing this rulemaking under Air transportation, Aircraft, Aviation national Government and the States, or the authority described in Subtitle VII, safety, Incorporation by reference, on the distribution of power and Part A, Subpart III, Section 44701, Safety. responsibilities among the various ‘‘General requirements.’’ Under that levels of government. The Proposed Amendment section, Congress charges the FAA with promoting safe flight of civil aircraft in For the reasons discussed above, I Accordingly, under the authority air commerce by prescribing regulations certify that the proposed regulation: delegated to me by the Administrator, for practices, methods, and procedures (1) Is not a ‘‘significant regulatory the FAA proposes to amend 14 CFR part the Administrator finds necessary for action’’ under Executive Order 12866, 39 as follows:

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PART 39—AIRWORTHINESS time specified in paragraph 1.E., paragraph provides credit for the actions DIRECTIVES ‘‘Compliance’’ of Boeing Special Attention required by paragraph (j) of this AD, if those Service Bulletin 757–54–0049 or 757–54– actions were performed before August 6, 1. The authority citation for part 39 0050, both dated July 16, 2007. As of the 2008 (the effective date of AD 2008–13–20) continues to read as follows: effective date of this AD, only the service using Boeing Service Bulletin 757–54–0015, bulletin specified in paragraph (g)(3) or (g)(6) dated February 16, 1989; Revision 1, dated Authority: 49 U.S.C. 106(g), 40113, 44701. of this AD, as applicable, may be used to December 20, 1990; or Revision 2, dated April 21, 1994 (which are not incorporated § 39.13 [Amended] accomplish the actions required by this paragraph. If any damage is found and the by reference in this AD). 2. The FAA amends § 39.13 by service bulletin identified in paragraph (g)(1), removing airworthiness directive (AD) (l) New Requirements of This AD: Inspection (g)(2), (g)(3), (g)(4), (g)(5), or (g)(6) of this AD of Washer Stack Up Sequence/Corrective specifies to contact Boeing for appropriate 2008–13–20, Amendment 39–15583 (73 Action FR 37786, July 2, 2008), and adding the action: Before further flight, repair using a following new AD: method approved in accordance with the For Group 1, Configuration 2 airplanes: procedures specified in paragraph (n) of this Within 3,000 flight cycles after the effective The Boeing Company: Docket No. FAA– AD. date of this AD, do a detailed inspection of 2012–0809; Directorate Identifier 2011– (1) Boeing Special Attention Service the washers installed under the attachment NM–135–AD. Bulletin 757–54–0049, dated July 16, 2007. bolts of the aft hinge fittings for correct installation sequence, in accordance with the (a) Comments Due Date (2) Boeing Special Attention Service Bulletin 757–54–0049, Revision 1, dated Accomplishment Instructions of Boeing The FAA must receive comments on this September 23, 2009. Special Attention Service Bulletin 757–54– AD action by October 1, 2012. (3) Boeing Special Attention Service 0049 or 757–54–0050, both Revision 2, both dated July 27, 2011, as applicable. If an (b) Affected ADs Bulletin 757–54–0049, Revision 2, dated July 27, 2011. incorrect installation sequence is found, This AD supersedes AD 2008–13–20, (4) Boeing Service Bulletin 757–54–0050, before further flight, remove and reinstall the Amendment 39–15583 (73 FR 37786, July 2, dated July 16, 2007. washer stack up correctly, in accordance 2008). (5) Boeing Special Attention Service with the Accomplishment Instructions of (c) Applicability Bulletin 757–54–0050, Revision 1, dated Boeing Special Attention Service Bulletin October 7, 2009. 757–54–0049 or 757–54–0050, both Revision This AD applies to The Boeing Company (6) Boeing Special Attention Service 2, both dated July 27, 2011, as applicable. Model 757–200, –200CB, –200PF, and –300 Bulletin 757–54–0050, Revision 2, dated July (m) Credit for Previous Actions series airplanes, certificated in any category; 27, 2011. equipped with Rolls-Royce RB211–535E This paragraph provides credit for the engines. (h) Retained Exception to Service actions required by paragraph (l) of this AD, Information if those actions were performed before the (d) Subject This paragraph restates the requirements of effective date of this AD using Boeing Special Joint Aircraft System Component (JASC)/ paragraph (g) of AD 2008–13–20, Attention Service Bulletin 757–54–0049, Air Transport Association (ATA) of America Amendment 39–15583 (73 FR 37786, July 2, Revision 1, dated September 23, 2009; or Code 54, Nacelles/Pylons. 2008). Where Boeing Special Attention Boeing Special Attention Service Bulletin (e) Unsafe Condition Service Bulletin 757–54–0049 or Boeing 757–54–0050, Revision 1, dated October 7, Service Bulletin 757–54–0050, both dated 2009; as applicable. This AD results from reports of incorrectly July 16, 2007; as applicable; specifies installed washers under the attachment bolts (n) Alternative Methods of Compliance compliance times relative to the date on the (AMOCs) of the aft hinge fittings of the thrust reversers. service bulletin, this AD requires compliance We are issuing this AD to prevent failure of within the specified compliance time after (1) The Manager, Seattle Aircraft the attachment bolts and consequent August 6, 2008 (the effective date of AD Certification Office (ACO), FAA, has the separation of a thrust reverser from the 2008–13–20). authority to approve AMOCs for this AD, if airplane during flight, which could result in requested using the procedures found in 14 structural damage to the airplane. (i) Retained Optional Terminating CFR 39.19. In accordance with 14 CFR 39.19, Modification send your request to your principal inspector (f) Compliance This paragraph restates the actions or local Flight Standards District Office, as Comply with this AD within the specified in paragraph (h) of AD 2008–13–20, appropriate. If sending information directly compliance times specified, unless already Amendment 39–15583 (73 FR 37786, July 2, to the manager of the ACO, send it to the done. 2008). Accomplishing the preventive attention of the person identified in the Related Information section of this AD. (g) Retained Repetitive Inspections/ modification identified in the service Information may be emailed to: 9-ANM- Investigative and Corrective Actions bulletins specified in paragraph (g)(1), (g)(2), or (g)(3); or paragraph (g)(4), (g)(5), or (g)(6) [email protected]. This paragraph restates the requirements of of this AD; as applicable; terminates the (2) Before using any approved AMOC, paragraph (f) of AD 2008–13–20, Amendment repetitive inspections required by paragraph notify your appropriate principal inspector, 39–15583 (73 FR 37786, July 2, 2008), with (g) of this AD. or lacking a principal inspector, the manager revised service information. At the time of the local flight standards district office/ specified in paragraph 1.E. ‘‘Compliance,’’ of (j) Retained Concurrent Actions certificate holding district office. Boeing Special Attention Service Bulletin This paragraph restates the requirements of (3) An AMOC that provides an acceptable 757–54–0049 or 757–54–0050, both dated paragraph (i) of AD 2008–13–20, Amendment level of safety may be used for any repair July 16, 2007, as applicable; except as 39–15583 (73 FR 37786, July 2, 2008). Prior required by this AD if it is approved by the provided by paragraph (h) of this AD: Do a to or concurrently with accomplishing the Boeing Commercial Airplanes Organization detailed inspection for signs of damage of the actions identified in the service bulletin Designation Authorization (ODA) that has aft hinge fittings and attachment bolts of the specified in paragraph (g)(1), (g)(2), or (g)(3) been authorized by the Manager, Seattle ACO thrust reversers by doing all the actions, of this AD; as applicable; accomplish the to make those findings. For a repair method including all applicable related investigative replacement specified in Boeing Special to be approved, the repair must meet the and corrective actions, as specified in the Attention Service Bulletin 757–54–0015, certification basis of the airplane, and the Accomplishment Instructions of the Revision 3, dated September 19, 1996. approval must specifically refer to this AD. applicable service bulletins specified in (4) AMOCs approved previously in paragraph (g)(1), (g)(2), or (g)(3); or paragraph (k) Retained Credit for Previous Actions accordance with AD 2008–13–20, (g)(4), (g)(5), or (g)(6) of this AD, as This paragraph restates the provisions of Amendment 39–15583 (73 FR 37786, July 2, applicable. Do all applicable related paragraph (j) of AD 2008–13–20, Amendment 2008), are approved as AMOCs for the investigative and corrective actions at the 39–15583 (73 FR 37786, July 2, 2008). This corresponding provisions of this AD.

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(o) Related Information the beginning of your comments. You business hours at the office of the (1) For more information about this AD, may also submit comments through the Central Service Center, 2601 Meacham contact Nancy Marsh, Aerospace Engineer, Internet at http://www.regulations.gov. Blvd., Fort Worth, TX 76137. Airframe Branch, ANM–120S, FAA, Seattle You may review the public docket Persons interested in being placed on Aircraft Certification Office, 1601 Lind containing the proposal, any comments a mailing list for future NPRMs should Avenue SW., Renton, Washington 98057– received, and any final disposition in contact the FAA’s Office of Rulemaking 3356; phone: 425–917–6440; fax: 425–917– person in the Dockets Office between 9 (202) 267–9677, to request a copy of 6590; email: [email protected]. a.m. and 5 p.m., Monday through Advisory Circular No. 11–2A, Notice of (2) For service information identified in Proposed Rulemaking Distribution this AD, contact Boeing Commercial Friday, except Federal holidays. The Airplanes, Attention: Data & Services Docket Office (telephone 1–800–647– System, which describes the application Management, P.O. Box 3707, MC 2H–65, 5527), is on the ground floor of the procedure. Seattle, Washington 98124–2207; telephone building at the above address. The Proposal 206–544–5000, extension 1; fax 206–766– FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title 5680; Internet https:// Scott Enander, Central Service Center, www.myboeingfleet.com. You may review 14, Code of Federal Regulations (14 copies of the referenced service information Operations Support Group, Federal CFR), Part 71 by amending Class E at the FAA, Transport Airplane Directorate, Aviation Administration, Southwest airspace extending upward from 700 1601 Lind Avenue SW., Renton, Washington. Region, 2601 Meacham Blvd., Fort feet above the surface to accommodate For information on the availability of this Worth, TX 76137; telephone: (817) 321– new standard instrument approach material at the FAA, call 425–227–1221. 7716. procedures at Forest City Municipal Issued in Renton, Washington, on August SUPPLEMENTARY INFORMATION: Airport, Forest City, IA. The geographic 9, 2012. Comments Invited coordinates of the Forest City NDB Ali Bahrami, would also be updated to coincide with Manager, Transport Airplane Directorate, Interested parties are invited to the FAA’s aeronautical database. Aircraft Certification Service. participate in this proposed rulemaking Controlled airspace is needed for the [FR Doc. 2012–20108 Filed 8–15–12; 8:45 am] by submitting such written data, views, safety and management of IFR BILLING CODE 4910–13–P or arguments, as they may desire. operations at the airport Comments that provide the factual basis Class E airspace areas are published supporting the views and suggestions in Paragraph 6005 of FAA Order DEPARTMENT OF TRANSPORTATION presented are particularly helpful in 7400.9V, dated August 9, 2011, and developing reasoned regulatory effective September 15, 2011, which is Federal Aviation Administration decisions on the proposal. Comments incorporated by reference in 14 CFR are specifically invited on the overall 71.1. The Class E airspace designation 14 CFR Part 71 regulatory, aeronautical, economic, listed in this document would be environmental, and energy-related [Docket No. FAA–2012–0654; Airspace published subsequently in the Order. Docket No. 12–ACE–3] aspects of the proposal. The FAA has determined that this Communications should identify both proposed regulation only involves an Proposed Amendment of Class E docket numbers and be submitted in established body of technical Airspace; Forest City, IA triplicate to the address listed above. regulations for which frequent and Commenters wishing the FAA to routine amendments are necessary to AGENCY: Federal Aviation acknowledge receipt of their comments keep them operationally current. It, Administration (FAA), DOT. on this notice must submit with those therefore, (1) is not a ‘‘significant ACTION: Notice of proposed rulemaking comments a self-addressed, stamped regulatory action’’ under Executive (NPRM). postcard on which the following Order 12866; (2) is not a ‘‘significant statement is made: ‘‘Comments to rule’’ under DOT Regulatory Policies SUMMARY: This action proposes to Docket No. FAA–2012–0654/Airspace and Procedures (44 FR 11034; February amend Class E airspace at Forest City, Docket No. 12–ACE–3.’’ The postcard 26, 1979); and (3) does not warrant IA. Additional controlled airspace is will be date/time stamped and returned preparation of a Regulatory Evaluation necessary to accommodate new to the commenter. as the anticipated impact is so minimal. Standard Instrument Approach Since this is a routine matter that will Availability of NPRMs Procedures (SIAP) at Forest City only affect air traffic procedures and air Municipal Airport. Also, this action An electronic copy of this document navigation, it is certified that this rule, would update the geographic may be downloaded through the when promulgated, will not have a coordinates of the Forest City Internet at http://www.regulations.gov. significant economic impact on a nondirectional radio beacon (NDB). The Recently published rulemaking substantial number of small entities FAA is taking this action to enhance the documents can also be accessed through under the criteria of the Regulatory safety and management of Instrument the FAA’s Web page at http:// Flexibility Act. Flight Rules (IFR) operations for SIAPs www.faa.gov/airports_airtraffic/ The FAA’s authority to issue rules at the airport. air_traffic/publications/ regarding aviation safety is found in DATES: 0901 UTC. Comments must be airspace_amendments/. Title 49 of the U.S. Code. Subtitle 1, received on or before October 1, 2012. You may review the public docket Section 106 describes the authority of ADDRESSES: Send comments on this containing the proposal, any comments the FAA Administrator. Subtitle VII, proposal to the U.S. Department of received and any final disposition in Aviation Programs, describes in more Transportation, Docket Operations, 1200 person in the Dockets Office (see detail the scope of the agency’s New Jersey Avenue SE., West Building ADDRESSES section for address and authority. This rulemaking is Ground Floor, Room W12–140, phone number) between 9 a.m. and 5 promulgated under the authority Washington, DC 20590–0001. You must p.m., Monday through Friday, except described in Subtitle VII, Part A, identify the docket number FAA–2012– Federal holidays. An informal docket Subpart I, Section 40103. Under that 0654/Airspace Docket No. 12–ACE–3, at may also be examined during normal section, the FAA is charged with

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prescribing regulations to assign the use DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, of airspace necessary to ensure the environmental, and energy-related safety of aircraft and the efficient use of Federal Aviation Administration aspects of the proposal. airspace. This regulation is within the Communications should identify both scope of that authority as it would 14 CFR Part 71 docket numbers and be submitted in amend controlled airspace at Forest City [Docket No. FAA–2011–1402; Airspace triplicate to the address listed above. Municipal Airport, Forest City, IA. Docket No. 11–AGL–28] Commenters wishing the FAA to acknowledge receipt of their comments Environmental Review Proposed Amendment of Class E on this notice must submit with those This proposal will be subject to an Airspace; Marysville, OH comments a self-addressed, stamped environmental analysis in accordance postcard on which the following with FAA Order 1050.1E, AGENCY: Federal Aviation statement is made: ‘‘Comments to ‘‘Environmental Impacts: Policies and Administration (FAA), DOT. Docket No. FAA–2011–1402/Airspace Procedures’’ prior to any FAA final ACTION: Notice of proposed rulemaking Docket No. 11–AGL–28.’’ The postcard regulatory action. (NPRM). will be date/time stamped and returned to the commenter. List of Subjects in 14 CFR Part 71 SUMMARY: This action proposes to Airspace, Incorporation by reference, amend Class E airspace at Marysville, Availability of NPRMs Navigation (air). OH. Additional controlled airspace is An electronic copy of this document necessary to accommodate new may be downloaded through the The Proposed Amendment Standard Instrument Approach Internet at http://www.regulations.gov. In consideration of the foregoing, the Procedures (SIAP) at Union County Recently published rulemaking Federal Aviation Administration Airport. The FAA is taking this action documents can also be accessed through proposes to amend 14 CFR Part 71 as to enhance the safety and management the FAA’s Web page at http:// follows: of Instrument Flight Rules (IFR) www.faa.gov/airports_airtraffic/ operations for SIAPs at the airport. air_traffic/publications/ PART 71—DESIGNATION OF CLASS A, DATES: 0901 UTC. Comments must be airspace_amendments/. B, C, D, AND E AIRSPACE AREAS; AIR received on or before October 1, 2012. You may review the public docket TRAFFIC SERVICE ROUTES; AND containing the proposal, any comments REPORTING POINTS ADDRESSES: Send comments on this proposal to the U.S. Department of received and any final disposition in 1. The authority citation for part 71 Transportation, Docket Operations, 1200 person in the Dockets Office (see continues to read as follows: New Jersey Avenue SE., West Building ADDRESSES section for address and phone number) between 9 a.m. and 5 Authority: 49 U.S.C. 106(g); 40103, 40113, Ground Floor, Room W12–140, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Washington, DC 20590–0001. You must p.m., Monday through Friday, except 1963 Comp., p. 389. identify the docket number FAA–2011– Federal holidays. An informal docket 1402/Airspace Docket No. 11–AGL–28, may also be examined during normal § 71.1 [Amended] at the beginning of your comments. You business hours at the office of the 2. The incorporation by reference in may also submit comments through the Central Service Center, 2601 Meacham 14 CFR 71.1 of FAA Order 7400.9V, Internet at http://www.regulations.gov. Blvd., Fort Worth, TX 76137. Airspace Designations and Reporting You may review the public docket Persons interested in being placed on Points, dated August 9, 2011, and containing the proposal, any comments a mailing list for future NPRMs should effective September 15, 2011, is received, and any final disposition in contact the FAA’s Office of Rulemaking amended as follows: person in the Dockets Office between 9 (202) 267–9677, to request a copy of a.m. and 5 p.m., Monday through Advisory Circular No. 11–2A, Notice of Paragraph 6005 Class E airspace areas Proposed Rulemaking Distribution extending upward from 700 feet or more Friday, except Federal holidays. The above the surface of the earth. Docket Office (telephone 1–800–647– System, which describes the application procedure. * * * * * 5527), is on the ground floor of the building at the above address. The Proposal ACE IA E5 Forest City, IA [Amended] FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title Forest City Municipal Airport, IA Scott Enander, Central Service Center, (Lat. 43°14′05″ N., long. 93°37′27″ W.) 14, Code of Federal Regulations (14 Forest City NDB Operations Support Group, Federal CFR), Part 71 by amending Class E (Lat. 43°14′09″ N., long. 93°37′15″ W.) Aviation Administration, Southwest airspace extending upward from 700 That airspace extending upward from 700 Region, 2601 Meacham Blvd., Fort feet above the surface to accommodate feet above the surface within a 6.9-mile Worth, TX 76137; telephone: (817) 321– new standard instrument approach radius of Forest City Municipal Airport, and 7716. procedures at Union County Airport, within 4 miles each side of the 347° bearing SUPPLEMENTARY INFORMATION: Marysville, OH. Controlled airspace is from the airport extending from the 6.9-mile needed for the safety and management radius to 10.6 miles north of the airport, and Comments Invited ° of IFR operations at the airport within 2.6 miles each side of the 162 bearing Interested parties are invited to Class E airspace areas are published from the Forest City NDB extending from the participate in this proposed rulemaking 6.9-mile radius to 7.4 miles southeast of the in Paragraph 6005 of FAA Order airport. by submitting such written data, views, 7400.9V, dated August 9, 2011 and or arguments, as they may desire. effective September 15, 2011, which is Issued in Fort Worth, TX, on July 27, 2012. Comments that provide the factual basis incorporated by reference in 14 CFR David P. Medina, supporting the views and suggestions 71.1. The Class E airspace designation Manager, Operations Support Group, ATO presented are particularly helpful in listed in this document would be Central Service Center. developing reasoned regulatory published subsequently in the Order. [FR Doc. 2012–20143 Filed 8–15–12; 8:45 am] decisions on the proposal. Comments The FAA has determined that this BILLING CODE 4910–13–P are specifically invited on the overall proposed regulation only involves an

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established body of technical § 71.1 [Amended] Mail or Delivery: Docket Management regulations for which frequent and 2. The incorporation by reference in Facility (M–30), U.S. Department of routine amendments are necessary to 14 CFR 71.1 of FAA Order 7400.9V, Transportation, West Building Ground keep them operationally current. It, Airspace Designations and Reporting Floor, Room W12–140, 1200 New Jersey therefore, (1) is not a ‘‘significant Points, dated August 9, 2011, and Avenue SE., Washington, DC 20590– regulatory action’’ under Executive effective September 15, 2011, is 0001. Deliveries are accepted between 9 Order 12866; (2) is not a ‘‘significant amended as follows: a.m. and 5 p.m., Monday through rule’’ under DOT Regulatory Policies Friday, except Federal holidays. The Paragraph 6005 Class E airspace areas and Procedures (44 FR 11034; February telephone number is 202–366–9329. extending upward from 700 feet or more See the ‘‘Public Participation and 26, 1979); and (3) does not warrant above the surface of the earth. preparation of a Regulatory Evaluation Request for Comments’’ portion of the * * * * * as the anticipated impact is so minimal. SUPPLEMENTARY INFORMATION section Since this is a routine matter that will AGL OH E5 Marysville, OH [Amended] below for instructions on submitting only affect air traffic procedures and air Marysville, Union County Airport, OH comments. To avoid duplication, please navigation, it is certified that this rule, (Lat. 40°13′29″ N., long. 83°21′06″ W.) use only one of these four methods. when promulgated, will not have a That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: If significant economic impact on a feet above the surface within a 6.3-mile you have questions on this proposed substantial number of small entities radius of Union County Airport, and within rule, call or email LTJG Benjamin under the criteria of the Regulatory 2 miles each side of the 263° bearing from the Nessia, Response Department, Marine Flexibility Act. airport extending from the 6.3-mile radius to Safety Unit Toledo, Coast Guard; 9.8 miles west of the airport, and within 2.6 The FAA’s authority to issue rules ° telephone (419)418–6040, email miles each side of the 091 bearing from the [email protected]. If you regarding aviation safety is found in airport extending from the 6.3-mile radius to Title 49 of the U.S. Code. Subtitle 1, 10.4 miles east of the airport. have questions on viewing or submitting material to the docket, call Renee V. Section 106 describes the authority of Issued in Fort Worth, TX, on August 1, the FAA Administrator. Subtitle VII, Wright, Program Manager, Docket 2012. Operations, telephone 202–366–9826. Aviation Programs, describes in more David P. Medina, detail the scope of the agency’s SUPPLEMENTARY INFORMATION: Manager, Operations Support Group, ATO authority. This rulemaking is Central Service Center. Table of Acronyms promulgated under the authority [FR Doc. 2012–20144 Filed 8–15–12; 8:45 am] described in Subtitle VII, Part A, DHS Department of Homeland Security BILLING CODE 4901–13–P FR Federal Register Subpart I, Section 40103. Under that NPRM Notice of Proposed Rulemaking section, the FAA is charged with prescribing regulations to assign the use A. Public Participation and Information of airspace necessary to ensure the DEPARTMENT OF HOMELAND SECURITY We encourage you to participate in safety of aircraft and the efficient use of this rulemaking by submitting airspace. This regulation is within the Coast Guard comments and related materials. All scope of that authority as it would comments received will be posted amend controlled airspace at Union 33 CFR Part 165 without change to http:// County Airport, Marysville, OH. www.regulations.gov and will include [Docket No. USCG–2012–0730] Environmental Review any personal information you have RIN 1625–AA00 provided. This proposal will be subject to an environmental analysis in accordance Safety Zones; Revolution 3 Triathlon, 1. Submitting Comments with FAA Order 1050.1E, Lake Erie, Sandusky Bay, Cedar Point, If you submit a comment, please ‘‘Environmental Impacts: Policies and OH include the docket number for this Procedures’’ prior to any FAA final rulemaking, indicate the specific section regulatory action. AGENCY: Coast Guard, DHS. of this document to which each ACTION: Notice of proposed rulemaking. comment applies, and provide a reason List of Subjects in 14 CFR Part 71 for each suggestion or recommendation. SUMMARY: The Coast Guard proposes You may submit your comments and Airspace, Incorporation by reference, establishing two permanent safety zones Navigation (air). material online (via http:// on Lake Erie near Sandusky, OH. This www.regulations.gov) or by fax, mail or The Proposed Amendment action is necessary to provide for the hand delivery, but please use only one safety of life and property on navigable of these means. If you submit a In consideration of the foregoing, the waters and is intended to restrict vessel Federal Aviation Administration comment online via traffic during the swim portion of the www.regulations.gov, it will be proposes to amend 14 CFR Part 71 as Revolution 3 Triathlon, Lake Erie, follows: considered received by the Coast Guard Sandusky Bay, OH. when the comment is successfully PART 71—DESIGNATION OF CLASS A, DATES: Comments and related materials transmitted. A comment submitted via B, C, D, AND E AIRSPACE AREAS; AIR must be received by the Coast Guard on fax, hand delivery, or mail, will be TRAFFIC SERVICE ROUTES; AND or before September 17, 2012. considered as having been received by REPORTING POINTS ADDRESSES: You may submit comments the Coast Guard when the comment is identified by docket number USCG– received at the Docket Management 1. The authority citation for part 71 2012–0730 using any one of the Facility. We recommend that you continues to read as follows: following methods: include your name and a mailing Authority: 49 U.S.C. 106(g); 40103, 40113, Federal eRulemaking Portal: http:// address, an email address, or a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– www.regulations.gov. telephone number in the body of your 1963 Comp., p. 389. Fax: 202–493–2251. document so that we can contact you if

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we have questions regarding your second week of September. During the public when the safety zones in this submission. first leg of the event, participants enter proposal will be enforced. Consistent To submit your comment online, go to the water and swim along a with 33 CFR 165.7(a), such means of http://www.regulations.gov, type the predetermined course. While the may include, among other things, docket number in the ‘‘SEARCH’’ box primary course is on the eastern side of publication in the Federal Register, and click ‘‘SEARCH.’’ Click on ‘‘Submit Cedar Point, an alternate location is on Broadcast Notice to Mariners, Local a Comment’’ on the line associated with the western side of Cedar Point, in the Notice to Mariners, or, upon request, by this rulemaking. vicinity of the Cedar Point Marina. The facsimile (fax). Also, the Captain of the If you submit your comments by mail likely combination of large numbers of Port will issue a Broadcast Notice to or hand delivery, submit them in an inexperienced recreational boaters, Mariners notifying the public if unbound format, no larger than 81⁄2 by possibly varying lake conditions and enforcement these safety zones in this 11 inches, suitable for copying and large number of swimmers in the water section are cancelled prematurely. electronic filing. If you submit could easily result in serious injuries or Entry into, transiting, or anchoring comments by mail and would like to fatalities. The Captain of the Port Detroit within the proposed safety zones during know that they reached the Facility, proposes to establish this safety zone to the period of enforcement is prohibited please enclose a stamped, self-addressed protect against such injuries and unless authorized by the Captain of the postcard or envelope. We will consider fatalities. Port Detroit, or his designated all comments and material received In the past, the Coast Guard has representative. The Captain of the Port during the comment period and may established temporary safety zones in or his designated representative may be change the rule based on your coordination for this event. For contacted via VHF Channel 16. example, temporary safety zones were comments. D. Regulatory Analyses established in rules published on 2. Viewing Comments and Documents September 13, 2010 (75 FR 55477), and We developed this proposed rule after To view comments, as well as September 8, 2011 (76 FR 55564). considering numerous statutes and documents mentioned in this preamble Because this event will recur annually, executive orders related to rulemaking. as being available in the docket, go to the Captain of the Port Detroit is Below we summarize our analyses http://www.regulations.gov, type the proposing to establish a permanent based on 13 of these statutes or docket number in the ‘‘SEARCH’’ box safety zone and thus, alleviate the need executive orders. and click ‘‘SEARCH.’’ Click on ‘‘OPEN to publish TFRs in the future. 1. Regulatory Planning and Review DOCKET FOLDER’’ on the line C. Discussion of Proposed Rule associated with this rulemaking. You This proposed rule is not a significant may also visit the Docket Management As suggested above, this proposed regulatory action under section 3(f) of Facility in Room W12–140 on the regulation is intended to ensure safety Executive Order 12866, Regulatory ground floor of the Department of of the public and vessels during the Planning and Review, as supplemented Transportation West Building, 1200 Revolution 3 triathlon. This proposed by Executive Order 13563, Improving Regulation and Regulatory Review, and New Jersey Avenue SE., Washington, rule will become effective 30 days after does not require an assessment of DC 20590, between 9 a.m. and 5 p.m., the final rule is published in the Federal potential costs and benefits under Monday through Friday, except Federal Register. However, the safety zones will section 6(a)(3) of Executive Order 12866 holidays. only be enforced annually for two consecutive days during the first or or under section 1 of Executive Order 3. Privacy Act second week of September from 6:50 13563. The Office of Management and Anyone can search the electronic a.m. until 10 a.m., with exact dates to Budget has not reviewed it under those form of comments received into any of be determined annually. Orders. It is not ‘‘significant’’ under the our dockets by the name of the The proposed safety zones for the regulatory policies and procedures of individual submitting the comment (or Revolution 3 Triathlon, Lake Erie, the Department of Homeland Security signing the comment, if submitted on Sandusky Bay, Cedar Point, OH, will (DHS). We conclude that this proposed behalf of an association, business, labor encompass all waters of Lake Erie, rule is not a significant regulatory action union, etc.). You may review a Privacy Sandusky Bay, Cedar Point, OH within because we anticipate that it will have Act notice regarding our public dockets the swim courses located at position 41– minimal impact on the economy, will ′ ″ ′ ″ in the January 17, 2008 issue of the 29 –00.04 N 082–40 –48.16 W to 41– not interfere with other agencies, will ′ ″ ′ ″ Federal Register (73 FR 3316). 29 –19.28 N 082–40 –38.97 W to 41– not adversely alter the budget of any 29′–02.51″N 082–40′–20.82″W to 41– grant or loan recipients, and will not 4. Public Meeting 28′–45.52″N 082–40′–35.75″W then raise any novel legal or policy issues. We do not now plan to hold a public following the shoreline to the point of The safety zones established by this meeting, but you may submit a request origin. These coordinates are North proposed rule will be relatively small for one using one of the four methods American Datum of 1983 (NAD 83). In and enforced for relatively short time. specified under ADDRESSES. Please the event that weather requires changing Also, each safety zone is designed to explain why you believe a public locations an alternate race course site minimize its impact on navigable meeting would be beneficial. If we will encompass all waters of Lake Erie, waters. Furthermore, each safety zone determine that one would aid this Sandusky Bay, Cedar Point, OH has been designed to allow vessels to rulemaking, we will hold one at a time extending outward 100 yards on either transit unrestricted to portions of the and place announced by a later notice side of a line running between 41–28′– waterways not affected by the safety in the Federal Register. 38.59″N 082–41′–10.51″W and 41–28′– zones. Thus, restrictions on vessel 17.25″N 082–40′–54.09″W running movements within any particular area B. Basis and Purpose adjacent to the Cedar Point Marina. are expected to be minimal. Under Each year, the Revolution 3 Triathlon These coordinates are North American certain conditions, moreover, vessels occurs at Cedar Point near Sandusky, Datum of 1983 (NAD 83). may still transit through each safety OH. This event occurs each year for two The Captain of the Port Detroit will zone when permitted by the Captain of consecutive days during the first or use all appropriate means to notify the the Port. On the whole, the Coast Guard

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expects insignificant adverse impact to 4. Collection of Information not create an environmental risk to mariners from the activation of these This proposed rule would call for no health or risk to safety that might safety zones. new collection of information under the disproportionately affect children. 2. Impact on Small Entities Paperwork Reduction Act of 1995 (44 11. Indian Tribal Governments U.S.C. 3501–3520). Under the Regulatory Flexibility Act This proposed rule does not have 5. Federalism (5 U.S.C. 601–612), we have considered tribal implications under Executive whether this proposed rule would have A rule has implications for federalism Order 13175, Consultation and a significant economic impact on a under Executive Order 13132, Coordination with Indian Tribal substantial number of small entities. Federalism, if it has a substantial direct Governments, because it does not have The term ‘‘small entities’’ comprises effect on State or local governments and a substantial direct effect on one or small businesses, not-for-profit would either preempt State law or more Indian tribes, on the relationship organizations that are independently impose a substantial direct cost of between the Federal Government and owned and operated and are not compliance on them. We have analyzed Indian tribes, or on the distribution of dominant in their fields, and this proposed rule under that Order and power and responsibilities between the governmental jurisdictions with have determined that it does not have Federal Government and Indian tribes. populations of less than 50,000. implications for federalism. 12. Energy Effects 6. Protest Activities The Coast Guard certifies under 5 We have analyzed this proposed rule U.S.C. 605(b) that this proposed rule The Coast Guard respects the First under Executive Order 13211, Actions would not have a significant economic Amendment rights of protesters. Concerning Regulations That impact on a substantial number of small Protesters are asked to contact the Significantly Affect Energy Supply, entities. person listed in the ‘‘FOR FURTHER Distribution, or Use. We have This proposed rule would affect the INFORMATION CONTACT’’ section to determined that it is not a ‘‘significant following entities, some of which might coordinate protest activities so that your energy action’’ under that order because be small entities: The owners and message can be received without it is not a ‘‘significant regulatory action’’ operators of vessels intending to transit jeopardizing the safety or security of under Executive Order 12866 and is not or anchor in the above portions of Lake people, places or vessels. likely to have a significant adverse effect Erie during the period that either of the 7. Unfunded Mandates Reform Act on the supply, distribution, or use of proposed safety zones is being enforced. energy. The Administrator of the Office The Unfunded Mandates Reform Act of Information and Regulatory Affairs These proposed safety zones will not of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant have a significant economic impact on Federal agencies to assess the effects of energy action. Therefore, it does not a substantial number of small entities their discretionary regulatory actions. In require a Statement of Energy Effects for all of the reasons discussed in the particular, the Act addresses actions under Executive Order 13211. above Regulatory Planning and Review that may result in the expenditure by a section. If you think that your business, State, local, or tribal government, in the 13. Technical Standards organization, or governmental aggregate, or by the private sector of This proposed rule does not use jurisdiction qualifies as a small entity $100,000,000 (adjusted for inflation) or technical standards. Therefore, we did and that this proposed rule would have more in any one year. Though this not consider the use of voluntary a significant economic impact on it, proposed rule would not result in such consensus standards. please submit a comment (see an expenditure, we do discuss the ADDRESSES) explaining why you think it effects of this proposed rule elsewhere 14. Environment qualifies and how and to what degree in this preamble. We have analyzed this proposed rule this rule would economically affect it. 8. Taking of Private Property under Department of Homeland 3. Assistance for Small Entities This proposed rule would not affect a Security Management Directive 023–01 and Commandant Instruction Under section 213(a) of the Small taking of private property or otherwise have taking implications under M16475.lD, which guide the Coast Business Regulatory Enforcement Executive Order 12630, Governmental Guard in complying with the National Fairness Act of 1996 (Pub. L. 104–121), Actions and Interference with Environmental Policy Act of 1969 we want to assist small entities in Constitutionally Protected Property (NEPA) (42 U.S.C. 4321–4370f), and understanding this proposed rule so that Rights. have made a preliminary determination they can better evaluate its effects on that this action is one of a category of them and participate in the rulemaking 9. Civil Justice Reform actions which do not individually or process. If this proposed rule would This proposed rule meets applicable cumulatively have a significant effect on affect your small business, organization, standards in sections 3(a) and 3(b)(2) of the human environment. This proposed or governmental jurisdiction and you Executive Order 12988, Civil Justice rule involves the establishment of safety have questions concerning its Reform, to minimize litigation, zones and thus, is categorically provisions or options for compliance, eliminate ambiguity, and reduce excluded under paragraph (34)(g) of the please contact LTJG Benjamin Nessia, burden. Instruction. A preliminary Response Department, Marine Safety environmental analysis checklist Unit Toledo, Coast Guard; telephone 10. Protection of Children supporting this determination is (419) 418–6040, email We have analyzed this proposed rule available in the docket where indicated [email protected]. The Coast under Executive Order 13045, under ADDRESSES. We seek any Guard will not retaliate against small Protection of Children from comments or information that may lead entities that question or complain about Environmental Health Risks and Safety to the discovery of a significant this proposed rule or any policy or Risks. This proposed rule is not an environmental impact from this action of the Coast Guard. economically significant rule and would proposed rule.

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List of Subjects in 33 CFR Part 165 anchoring within this safety zone is ENVIRONMENTAL PROTECTION Harbors, Marine safety, Navigation prohibited unless authorized by the AGENCY (water), Reporting and recordkeeping Captain of the Port Detroit, or his 40 CFR Part 52 requirements, Security measures, designated representative. Waterways. (2) These safety zones are closed to all [EPA–R01–OAR–2011–0453, FRL–9616–1] For the reasons discussed in the vessel traffic, excepted as may be preamble, the Coast Guard proposes to permitted by the Captain of the Port Approval and Promulgation of Air amend 33 CFR Part 165 as follows: Detroit or his designated representative. Quality Implementation Plans; All persons and vessels must comply Vermont: Prevention of Significant PART 165—REGULATED NAVIGATION with the instructions of the Coast Guard Deterioration; Greenhouse Gas AREAS AND LIMITED ACCESS AREAS Captain of the Port or his designated Permitting Authority and Tailoring Rule 1. The authority citation for part 165 representative. Upon being hailed by the AGENCY: Environmental Protection continues to read as follows: U.S. Coast Guard by siren, radio, Agency (EPA). Authority: 33 U.S.C. 1231; 46 U.S.C. flashing light or other means, the ACTION: Proposed rule. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; operator of a vessel shall proceed as 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; directed. SUMMARY: EPA is proposing to approve Pub. L. 107–295, 116 Stat. 2064; Department (3) All vessels must obtain permission a revision to the Vermont State of Homeland Security Delegation No. 0170.1. from the Captain of the Port or his Implementation Plan (SIP) relating to 2. Add § 165.917 to read as follows: designated representative to enter, move regulation of Greenhouse Gases (GHGs) within, or exit the safety zone under Vermont’s Prevention of § 165.917 Safety Zones; Annual Swim Significant Deterioration (PSD) program. established in this section when this Events in the Captain of the Port Detroit This revision was submitted by safety zone is enforced. Vessels and Zone. Vermont, through the Vermont persons granted permission to enter the (a) Location. The following locations Department of Environmental are designated as safety zones: All safety zone must obey all lawful orders Conservation (VT DEC), Air Pollution waters of Lake Erie within positions 41– or directions of the Captain of the Port Control Division on February 14, 2011. ′ ″ ′ ″ 29 –00.04 N 082–40 –48.16 W to 41– or a designated representative. While It is intended to align Vermont’s ′ ″ ′ ″ 29 –19.28 N 082–40 –38.97 W to 41– within a safety zone, all vessels must regulations with EPA’s ‘‘Prevention of ′ ″ ″ ″ 29 –02.51 N 082–40 –20.82 W to 41– operate at the minimum speed Significant Deterioration and Title V ″ ″ ′ ″ 28 –45.52 N 082–40 –35.75 W then necessary to maintain a safe course. Greenhouse Gas Tailoring Rule.’’ EPA is following the shoreline to the point of (e) Exemption. Public vessels, as proposing to approve the revision origin. In the event that weather defined in paragraph (b) of this section, because the Agency has made the requires changing locations an alternate are exempt from the requirements in preliminary determination that the SIP race course site will encompass all this section. revision, already adopted by Vermont as waters of Lake Erie, Sandusky Bay, (f) Waiver. For any vessel, the Captain a final effective rule, is in accordance Cedar Point, OH extending outward 100 with the Clean Air Act (CAA or Act) and of the Port Detroit or his designated yards on either side of a line running EPA regulations regarding PSD ′ ″ ′ representative may waive any of the between 41–28 –38.59 N 082–41 – permitting for GHGs. The SIP submittal ″ ′ ″ ′ requirements of this section, upon 10.51 W and 41–28 –17.25 N 082–40 – also contains proposed amendments to ″ 54.09 W running adjacent to the Cedar finding that operational conditions or several other sections of Vermont’s SIP Point Marina. These coordinates are other circumstances are such that not directly related to GHG permitting North American Datum of 1983 (NAD application of this section is which EPA is not acting on at this time. 83). unnecessary or impractical for the DATES: Comments must be received on (b) Enforcement period. These safety purposes of public or environmental or before September 17, 2012. zones will be enforced two consecutive safety. mornings during the first or second ADDRESSES: Submit your comments, (g) Notification. The Captain of the identified by Docket ID No. EPA–R01– week in September. Exact dates and Port Detroit will notify the public that times will be determined annually and OAR–2011–0453, by one of the the safety zones in this section are or following methods: published annually in the Federal will be enforced by all appropriate Register via a Notice of Enforcement. 1. www.regulations.gov: Follow the means to the affected segments of the (c) Definitions. The following on-line instructions for submitting definitions apply to this section: public including publication in the comments. (1) ‘‘On-scene Representative’’ means Federal Register as practicable, in 2. Email: any Coast Guard Commissioned, accordance with 33 CFR 165.7(a). Such [email protected]:. warrant, or petty officer designated by means of notification may also include, 3. Fax: (617) 918–0657. the Captain of the Port Detroit to but are not limited to Broadcast Notice 4. Mail: ‘‘Docket Identification monitor a safety zone, permit entry into to Mariners or Local Notice to Mariners. Number EPA–R01–OAR–2011–0453’’, the zone, give legally enforceable orders The Captain of the Port will issue a Donald Dahl, U.S. Environmental to persons or vessels within the zones, Broadcast Notice to Mariners notifying Protection Agency, EPA New England and take other actions authorized by the the public when enforcement of the Regional Office, Office of Ecosystem Captain of the Port. safety zone is cancelled. Protection, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA (2) ‘‘Public vessel’’ means vessels Dated: August 6, 2012. owned, chartered, or operated by the 02109–3912. United States, or by a State or political J. E. Ogden, 5. Hand Delivery or Courier: Deliver subdivision thereof. Captain, U.S. Coast Guard, Captain of the your comments to: Donald Dahl, U.S. (d) Regulations. (1) In accordance Port Detroit. Environmental Protection Agency, EPA with the general regulations in § 165.23 [FR Doc. 2012–20092 Filed 8–15–12; 8:45 am] New England Regional Office, Office of of this part, entry into, transiting, or BILLING CODE 9110–04–P Ecosystem Protection, Air Permits,

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Toxics, and Indoor Programs Unit, 5 Regional Office, Office of Ecosystem Approval of Prevention of Significant Post Office Square—Suite 100, (mail Protection, Air Permits, Toxics, and Deterioration Provisions Concerning code OEP05–2), Boston, MA 02109– Indoor Programs Unit, 5 Post Office Greenhouse Gas Emitting-Sources in 3912. Such deliveries are only accepted Square—Suite 100, Boston, State Implementation Plans; Final during the Regional Office’s normal Massachusetts. EPA requests that if at Rule,’’ 75 FR 82536 (December 30, 2010) hours of operation. The Regional all possible, you contact the person (the ‘‘PSD SIP Narrowing Rule’’). In Office’s official hours of business are listed in the FOR FURTHER INFORMATION today’s action, pursuant to section 110 Monday through Friday, 8:30 to 4:30, CONTACT section to schedule your of the CAA, EPA is proposing to excluding legal holidays. inspection. The Regional Office’s approve these revisions into the Instructions: Direct your comments to official hours of business are Monday Vermont SIP. Docket ID No. ‘‘EPA–R01–OAR–2011– through Friday, 8:30 to 4:30, excluding EPA is not proposing to take action on 0453.’’ EPA’s policy is that all federal holidays. various other revisions to Vermont’s comments received will be included in In addition, copies of the state state implementation plan contained in the public docket without change and submittal and EPA’s technical support the February 14, 2011 submittal. Those may be made available online at document are also available for public are changes to Vermont Air Pollution www.regulations.gov, including any inspection during normal business Control Regulations, Chapter 5, Sections personal information provided, unless hours, by appointment at the State Air 5–101 (changes to the definitions of the comment includes information Agency; Air Pollution Control Division, Emergency use engine, Federal Land claimed to be Confidential Business Agency of Natural Resources, 186 Mad Manager, and Public Notice), 5–251, 5– Information (CBI) or other information River Park, Waitsfield, VT. 252, 5–401 (except for 5–401(16)), 5– whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: For 402, 5–404, 5–406, 5–501, and 5–502. Do not submit through information regarding the Vermont SIP, www.regulations.gov or email, II. What is the background for the contact Donald Dahl, U.S. action by EPA in this document? information that you consider to be CBI Environmental Protection Agency, EPA or otherwise protected. The New England Regional Office, Office of This section briefly summarizes EPA’s www.regulations.gov Web site is an Ecosystem Protection, Air Permits, recent GHG-related actions that provide ‘‘anonymous access’’ system, which Toxics, and Indoor Programs Unit, 5 the background for today’s proposed means EPA will not know your identity Post Office Square—Suite 100, (mail action. More detailed discussion of the or contact information unless you code OEP05–2), Boston, MA 02109– background is found in the preambles provide it in the body of your comment. 3912. Mr. Dahl’s telephone number is for those actions. In particular, the If you send an email comment directly (617) 918–1657; email address: background is contained in what we call to EPA without going through 1 [email protected]. the GHG PSD SIP Narrowing Rule, and www.regulations.gov, your email in the preambles to the actions cited address will be automatically captured SUPPLEMENTARY INFORMATION: therein. and included as part of the comment Table of Contents that is placed in the public docket and A. GHG-Related Actions made available on the Internet. If you I. What action is EPA proposing in this EPA has recently undertaken a series submit an electronic comment, EPA document? II. What is the background for the action of actions pertaining to the regulation of recommends that you include your GHGs that, although for the most part name and other contact information in proposed by EPA in this document? A. GHG-related Actions distinct from one another, establish the the body of your comment and with any B. Vermont’s Actions overall framework for today’s proposed disk or CD–ROM you submit. If EPA III. What is EPA’s analysis of Vermont’s SIP action on the Vermont SIP. Four of these cannot read your comment due to revision? actions include, as they are commonly technical difficulties and cannot contact A. Greenhouse Gases called, the ‘‘Endangerment Finding’’ you for clarification, EPA may not be B. Other Revisions Adopted by Vermont and ‘‘Cause or Contribute Finding,’’ able to consider your comment. IV. Proposed Action which EPA issued in a single final V. Statutory and Executive Order Reviews Electronic files should avoid the use of action,2 the ‘‘Johnson Memo special characters, any form of I. What action is EPA proposing in this Reconsideration,’’ 3 the ‘‘Light-Duty encryption, and be free of any defects or document? Vehicle Rule,’’ 4 and the ‘‘Tailoring viruses. For additional information On February 14, 2011, the State of Rule.’’ Taken together and in about EPA’s public docket visit the EPA conjunction with the CAA, these actions Docket Center homepage at http:// Vermont submitted a formal revision to its State Implementation Plan (SIP). The established regulatory requirements for www.epa.gov/epahome/dockets.htm. GHGs emitted from new motor vehicles Docket: All documents in the revisions establish thresholds for GHG and new motor vehicle engines; electronic docket are listed in the emissions in Vermont’s PSD regulations determined that such regulations, when www.regulations.gov index. Although at the same emissions thresholds and in the same time-frames as those specified listed in the index, some information is 1 ‘‘Limitation of Approval of Prevention of not publicly available, i.e., CBI or other by EPA in the ‘‘Prevention of Significant Significant Deterioration Provisions Concerning information whose disclosure is Deterioration and Title V Greenhouse Greenhouse Gas Emitting-Sources in State restricted by statute. Certain other Gas Tailoring Rule; Final Rule’’ (75 FR Implementation Plans; Final Rule.’’ 75 FR 82536 material, such as copyrighted material, 31514), hereafter referred to as the (Dec. 30, 2010). 2 ‘‘Endangerment and Cause or Contribute is not placed on the Internet and will be ‘‘Tailoring Rule,’’ ensuring that smaller Findings for Greenhouse Gases Under Section publicly available only in hard copy GHG sources emitting less than these 202(a) of the Clean Air Act.’’ 74 FR 66496 (Dec. 15, form. Publicly available docket thresholds will not be subject to 2009). materials are available either permitting requirements for GHGs that 3 ‘‘Interpretation of Regulations that Determine electronically in www.regulations.gov or they emit. The revisions to the SIP Pollutants Covered by Clean Air Act Permitting Programs.’’ 75 FR 17004 (Apr. 2, 2010). in hard copy at the Office of Ecosystem clarify the applicable thresholds in the 4 ‘‘Light-Duty Vehicle Greenhouse Gas Emission Protection, U.S. Environmental Vermont SIP, and address the flaw Standards and Corporate Average Fuel Economy Protection Agency, EPA New England discussed in the ‘‘Limitation of Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010).

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they took effect on January 2, 2011, higher thresholds set in the Tailoring thresholds, thereby (i) assuring that subjected GHGs emitted from stationary Rule. See the docket for this proposed under State law, only sources at or sources to PSD requirements; and rulemaking for a copy of Vermont’s above the Tailoring Rule thresholds limited the applicability of PSD letter. would be subject to PSD; and (ii) requirements to GHG sources on a In the SIP Narrowing Rule, published avoiding confusion under the Federally phased-in basis. EPA took this last on December 30, 2010, EPA withdrew approved SIP by clarifying that the SIP action in the Tailoring Rule, which, its approval of Vermont’s SIP (among applies to only sources at or above the more specifically, established other SIPs) to the extent the SIP applies Tailoring Rule thresholds.11 appropriate GHG emission thresholds PSD permitting requirements to GHG III. What is EPA’s analysis of Vermont’s for determining the applicability of PSD emissions from sources emitting at SIP revision? requirements to GHG-emitting sources. levels below those set in the Tailoring PSD is implemented through the SIP Rule.6 As a result, Vermont’s current The regulatory revisions that VT DEC system. In December 2010, EPA approved SIP provides the state with submitted on February 14, 2011 promulgated several rules to implement authority to regulate GHGs, but only at establish thresholds for determining the new GHG PSD SIP program. and above the Tailoring Rule thresholds; which stationary sources and Recognizing that some states had and requires new and modified sources modification projects become subject to approved SIP PSD programs that did not to receive a federal PSD permit based on permitting requirements for GHG apply PSD to GHGs, EPA issued a SIP GHG emissions only if they emit at or emissions under Vermont’s PSD call and, for some of these states, a above the Tailoring Rule thresholds. program. The revisions also include Federal Implementation Plan (FIP).5 The basis for this SIP revision is that unrelated changes to other portions of Recognizing that other states had limiting PSD applicability to GHG the Vermont air permitting regulations. approved SIP PSD programs that do sources to the higher thresholds in the Specifically, the submittal includes apply PSD to GHGs, but that do so for Tailoring Rule is consistent with the SIP changes to Vermont’s regulations at sources that emit as little as 100 or 250 provisions that provide required Chapter 5, Air Pollution Control, tpy of GHG, and that do not limit PSD assurances of adequate resources, and Subchapter I (Definitions), Subchapter II applicability to GHGs to the higher thereby addresses the flaw in the SIP (Prohibitions), Subchapter IV thresholds in the Tailoring Rule, EPA that led to the SIP Narrowing Rule. (Operations and Procedures), and issued the GHG PSD SIP Narrowing Specifically, CAA section 110(a)(2)(E) Subchapter V (Review of New Air Rule. Under that rule, EPA withdrew its includes as a requirement for SIP Contaminant Sources). approval of the affected SIPs to the approval that States provide ‘‘necessary Vermont is currently a SIP-approved extent those SIPs covered GHG-emitting assurances that the State * * * will state for the PSD program. In a letter sources below the Tailoring Rule have adequate personnel [and] funding provided to EPA on July 22, 2010, thresholds. EPA based its action * * * to carry out such [SIP].’’ In the Vermont notified EPA of its primarily on the ‘‘error correction’’ Tailoring Rule, EPA established higher interpretation that the State currently provisions of CAA section 110(k)(6). thresholds for PSD applicability to has the authority to regulate GHGs GHG-emitting sources on grounds that under its PSD regulations. The current B. Vermont’s Actions the states generally did not have Vermont program (adopted prior to the On July 22, 2010, Vermont provided adequate resources to apply PSD to promulgation of EPA’s Tailoring Rule) a letter to EPA, in accordance with a GHG-emitting sources below the applies to major stationary sources request to all States from EPA in the Tailoring Rule thresholds,7 and no (having the potential to emit at least 50 Tailoring Rule, with confirmation that State, including Vermont, asserted that tpy or more of a regulated NSR the State has the authority to regulate it did have adequate resources to do so.8 pollutant) or major modifications GHG in its PSD program. The letter also In the SIP Narrowing Rule, EPA found constructing in areas designated confirmed that current Vermont rules that the affected states, including attainment or unclassifiable with require regulating GHGs at the existing Vermont, had a flaw in their SIPs at the respect to the NAAQS. 50 tpy threshold, rather than at the time they submitted their PSD The amendments to Subchapter I that programs, which was that the EPA is proposing to approve into 5 Specifically, by notice dated December 13, 2010, applicability of the PSD programs was Vermont’s SIP include: new definitions EPA finalized a ‘‘SIP Call’’ that would require those potentially broader than the resources of ‘‘Greenhouse Gases’’ and ‘‘Subject to states with SIPs that have approved PSD programs 9 but do not authorize PSD permitting for GHGs to available to them under their SIPs. Regulation,’’ amendments to the submit a SIP revision providing such authority. Accordingly, for each affected state, definition of ‘‘Major Stationary Source,’’ ‘‘Action To Ensure Authority To Issue Permits including Vermont, EPA concluded that and the addition of a provision Under the Prevention of Significant Deterioration EPA’s action in approving the SIP was regarding significance levels of Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call,’’ 75 in error, under CAA section 110(k)(6), greenhouse gases to the definition of FR 77698 (Dec. 13, 2010). EPA has made findings and EPA rescinded its approval to the ‘‘Significant.’’ EPA is also proposing to of failure to submit that would apply in any state extent the PSD program applies to GHG- approve the classification of certain unable to submit the required SIP revision by its emitting sources below the Tailoring sources of greenhouse gas emissions as deadline, and finalized FIPs for such states. See, 10 e.g., ‘‘Action To Ensure Authority To Issue Permits Rule thresholds. EPA recommended air contaminant sources in Subchapter Under the Prevention of Significant Deterioration that States adopt a SIP revision to IV, section 5–401(16). Program to Sources of Greenhouse Gas Emissions: incorporate the Tailoring Rule Finding of Failure To Submit State Implementation A. Greenhouse Gases Plan Revisions Required for Greenhouse Gases,’’ 75 6 ‘‘Limitation of Approval of Prevention of The changes to Vermont’s PSD FR 81874 (Dec. 29, 2010); ‘‘Action To Ensure Significant Deterioration Provisions Concerning Authority To Issue Permits Under the Prevention of program regulations regarding Greenhouse Gas Emitting-Sources in State Significant Deterioration Program to Sources of greenhouse gases are in most respects Implementation Plans; Final Rule.’’ 75 FR 82536 Greenhouse Gas Emissions: Federal Implementation (Dec. 30, 2010). substantively the same as the Plan,’’ 75 FR 82246 (Dec. 30, 2010). Because 7 amendments to the federal PSD Vermont’s SIP already authorizes Vermont to Tailoring Rule, 75 FR 31517. regulate GHGs once GHGs became subject to PSD 8 SIP Narrowing Rule, 75 FR 82540. regulatory provisions in EPA’s Tailoring requirements on January 2, 2011, Vermont was not 9 Id. at 82542. subject to the proposed SIP Call or FIP. 10 Id. at 82544. 11 Id. at 82540.

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Rule. However, there are several issues Several lesser issues require and baseline calculation procedures to that we note here. discussion regarding EPA’s proposed apply for applicability of permitting First, Vermont submitted as part of its interpretation of the Vermont greenhouse gases.’’). Thus, for example, SIP revision its entire definition of regulation. First, Vermont defines an existing Vermont source, in ‘‘significant’’ in Section 5–101, not just ‘‘greenhouse gases’’ in Section 5–101 as determining whether a proposed the addition made to address ‘‘carbon dioxide, methane, nitrous modification’s greenhouse gas emissions greenhouse gases. Vermont’s definition oxide, hydrofluorocarbons, would be ‘‘subject to regulation,’’ would of ‘‘significant’’ in Section 5–101 perfluorocarbons, sulfur hexafluoride, be permitted to use the actual-to- departs from EPA’s definition of and any other chemical or physical projected-actual applicability test of 40 ‘‘significant’’ at 40 CFR 51.166(b)(23) in substance emitted into the air that the CFR 51.166(a)(7)(iv)(c), and to two ways. On the one hand, Vermont Secretary may reasonably anticipate to incorporate creditable and provides significance levels for several cause or contribute to climate change.’’ contemporaneous reductions in actual pollutants (asbestos, mercury, This definition does not explicitly state emissions in calculating the ‘‘net beryllium, and vinyl chloride) that are whether ‘‘greenhouse gases’’ is an emissions increase.’’ not listed in the federal regulation. On aggregate pollutant consisting of six (or Third, in light of the preceding two the other hand, Vermont fails to provide more) components, cf. 40 CFR proposed interpretations, it is possible significance levels for several pollutants 51.166(b)(48)(i), or six (or more) that an ambiguity may arise if Vermont (particulate matter 2.5 microns or less in individual gases. However, elsewhere in adds a new component gas to its state- diameter, municipal waste combustor Vermont’s regulations, ‘‘greenhouse defined ‘‘greenhouse gases’’ pollutant organics, municipal waste combustor gases’’ is referred to in a manner but that component gas is not part of the metals, municipal waste combustor acid suggesting the aggregate interpretation. federal ‘‘greenhouse gases’’ definition at gases, and municipal solid waste See, e.g., Section 5–101 (definition of 40 CFR 51.166(b)(48)(i). In this landfill emissions) that are listed in the ‘‘Major Stationary Source’’) (referring to situation, it may not be clear in any federal regulation. In the first case, the ‘‘the air contaminant that is greenhouse given context whether ‘‘greenhouse issue is moot because asbestos, mercury gases’’). Therefore, EPA proposes to gases’’ in Vermont’s regulations refers to compounds, beryllium compounds, and interpret the definition of ‘‘greenhouse ‘‘greenhouse gases’’ as defined by EPA vinyl chloride are all listed as hazardous gases’’ in Section 5–101 as an aggregate or as defined by Vermont. This could be air pollutants under Section 112(b) of pollutant. relevant if, for example, an existing the Clean Air Act, and Section 112(b)(6) Second, Vermont incorporates by source sought to take credit for provides that PSD does not apply to reference EPA’s definition of ‘‘subject to reductions in a state-only gas when hazardous air pollutants listed under regulation’’ at 40 CFR 51.166(b)(48).12 calculating its net emissions increase of Section 112. In the case of the other This definition provides that the greenhouse gases. Since Vermont’s pollutants, however, the situation is pollutant ‘‘greenhouse gases’’ is subject definition of ‘‘subject to regulation’’ in more complex. Vermont’s regulation to regulation if ‘‘both a significant Section 5–101 includes all of 40 CFR neither specifically provides emissions increase (as calculated using 51.166(b)(48), it must therefore include significance levels for these pollutants the procedures in (a)(7)(iv) of this the federal definition of ‘‘greenhouse (particulate matter 2.5 microns or less in section) and a significant net emissions gases’’ at 40 CFR 51.166(b)(48)(i). diameter, municipal waste combustor increase (as defined in paragraphs (b)(3) Therefore, EPA proposes to interpret organics, municipal waste combustor and (b)(23) of this section) occur.’’ 40 ‘‘greenhouse gases’’ in Vermont’s metals, municipal waste combustor acid CFR 51.166(b)(48)(iii). This, in turn, regulations as meaning greenhouse gases, and municipal solid waste incorporates two different elements of gases as defined by 40 CFR landfill emissions) nor provides a the federal PSD regulation: emissions 51.166(b)(48)(i) for purposes of the default significance threshold of zero. increase calculation, and emissions ‘‘subject to regulation’’ definition and Therefore, Vermont’s regulation fails to increase netting. For non-greenhouse any reference elsewhere in Vermont’s require application of best available gas pollutants, Vermont uses a different regulations that specifically references control technology for emissions of emissions increase calculation the ‘‘subject to regulation’’ definition, these pollutants at any level—even at methodology, and does not allow for but as meaning greenhouse gases as major source levels. See Section 5– netting. However, EPA understands that defined by Section 5–101 for all other 502(3)(a)(i)–(ii) (applying control Vermont intends for its greenhouse gas purposes in Vermont’s SIP. technology requirement only to permitting requirements to match the Finally, as noted above, the Vermont emissions that are ‘‘significant’’). federal requirements, and consequently regulation in several places incorporates Despite this flaw, EPA is nonetheless EPA is proposing to interpret Vermont’s federal regulations by reference. See, proposing approval of Vermont’s SIP definition of ‘‘subject to regulation’’ as e.g., Section 5–101 (definition of ‘‘Major revision. The revised definition adds a including the calculation methodology Stationary Source’’) (referring to ‘‘the significance threshold for ‘‘greenhouse specified in the federal regulations. See thresholds in 40 CFR 51.166(b)(1)(i)’’). gases,’’ which does not exist in the also VT DEC’s Jan. 3, 2011 response to However, these references do not currently approved SIP, and the lack of comments; response No. 2 (emphasizing specify whether the incorporation by significance thresholds for particulate VT DEC’s ‘‘intent to have the same (and reference is intended to be prospective matter 2.5 microns or less in diameter, not more stringent) permitting (i.e., to incorporate the federal municipal waste combustor organics, thresholds for greenhouse gases in regulation as it may be amended from municipal waste combustor metals, Vermont as required by federal time to time, without need for revising municipal waste combustor acid gases, regulations’’), and response No. 8 (‘‘The the state regulation to accommodate and municipal solid waste landfill [VT DEC] intends for the federal netting federal regulatory revisions) or fixed. emissions is a continuation from the We propose to interpret each currently approved SIP, not a new flaw. 12 The Vermont regulation actually refers to ‘‘40 incorporation by reference of a federal CFR 51.166(48)(b)’’ [sic]. See Section 5–101 For that reason, EPA is proposing to (definition of ‘‘Subject to Regulation’’). We assume regulation as referring to the date of approve Vermont’s SIP revision as ‘‘SIP this is a clerical error and was intended to refer to adoption of the Vermont regulation, i.e., strengthening.’’ § 51.166(b)(48). January 24, 2011.

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B. Other Revisions Adopted by Vermont Tailoring Rule thresholds—is no longer • Is not an economically significant Vermont submitted other necessary. In today’s proposed action, regulatory action based on health or amendments to its SIP which EPA is not EPA is also proposing to amend Section safety risks subject to Executive Order acting on at this time. These 52.2372(b) of 40 CFR part 52 to remove 13045 (62 FR 19885, April 23, 1997); amendments include Sections 5–101 this unnecessary regulatory language. • Is not a significant regulatory action (changes to the definitions of Emergency V. Statutory and Executive Order subject to Executive Order 13211 (66 FR use engine, Federal Land Manager, and Reviews 28355, May 22, 2001); Public Notice), 5–251 (NOX limits), 5– • Is not subject to requirements of 252 (SO limits), 5–401(1–15, 17, and Under the Clean Air Act, the 2 Administrator is required to approve a Section 12(d) of the National 18) (Classification of Air Contaminant Technology Transfer and Advancement Sources), 5–402 (Written Reports When SIP submission that complies with the provisions of the Act and applicable Act of 1995 (15 U.S.C. 272 note) because Requested), 5–404 (Methods of application of those requirements would Sampling and Testing of Sources), 5– Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP be inconsistent with the Clean Air Act; 406 (Required Air Modeling), 5–501 and (Review of Construction or Modification submissions, EPA’s role is to approve • of Air Contaminant Sources), and 5–502 state choices, provided that they meet Does not provide EPA with the (Major Stationary Sources and Major the criteria of the Clean Air Act. discretionary authority to address, as Modifications). Accordingly, this proposed action appropriate, disproportionate human merely approves state law as meeting health or environmental effects, using IV. Proposed Action Federal requirements and does not practicable and legally permissible Pursuant to section 110 of the CAA, impose additional requirements beyond methods, under Executive Order 12898 EPA is proposing to approve Vermont’s those imposed by state law. For that (59 FR 7629, February 16, 1994). February 14, 2011 SIP revision, relating reason, this proposed action: In addition, this rule does not have • Is not a ‘‘significant regulatory to PSD requirements for GHG-emitting tribal implications as specified by action’’ subject to review by the Office sources. Specifically, Vermont’s Executive Order 13175 (65 FR 67249, of Management and Budget under February 14, 2011 SIP revision November 9, 2000), because the SIP is Executive Order 12866 (58 FR 51735, establishes appropriate emissions not approved to apply in Indian country October 4, 1993); thresholds for determining PSD located in the state, and EPA notes that • Does not impose an information applicability to new and modified GHG- it will not impose substantial direct collection burden under the provisions emitting sources in accordance with costs on tribal governments or preempt of the Paperwork Reduction Act (44 EPA’s Tailoring Rule. EPA has made the tribal law. preliminary determination that this SIP U.S.C. 3501 et seq.); revision is approvable because it is in • Is certified as not having a List of Subjects in 40 CFR Part 52 accordance with the CAA and EPA significant economic impact on a regulations regarding PSD permitting for substantial number of small entities Environmental protection, Air GHGs. under the Regulatory Flexibility Act (5 pollution control, Incorporation by If EPA does approve Vermont’s U.S.C. 601 et seq.); reference, Intergovernmental relations, changes to its air quality regulations to • Does not contain any unfunded Reporting and recordkeeping incorporate the appropriate thresholds mandate or significantly or uniquely requirements. for GHG permitting applicability into affect small governments, as described Authority: 42 U.S.C. 7401 et seq. Vermont’s SIP, then Section 52.2372(b) in the Unfunded Mandates Reform Act Dated: August 2, 2012. of 40 CFR part 52, as included in EPA’s of 1995 (Pub. L. 104–4); SIP Narrowing Rule—which codifies • Does not have Federalism H. Curtis Spalding, EPA’s limiting its approval of Vermont’s implications as specified in Executive Regional Administrator, EPA New England. PSD SIP to not cover the applicability of Order 13132 (64 FR 43255, August 10, [FR Doc. 2012–20140 Filed 8–15–12; 8:45 am] PSD to GHG-emitting sources below the 1999); BILLING CODE 6560–50–P

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Notices Federal Register Vol. 77, No. 159

Thursday, August 16, 2012

This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 dominant reservoir of rabies in the contains documents other than rules or CFR 404.7. United States. proposed rules that are applicable to the On July 9, 2012, we published in the public. Notices of hearings and investigations, Richard J. Brenner, Federal Register (77 FR 40322–40323, committee meetings, agency decisions and Assistant Administrator. Docket No. APHIS–2012–0052) a rulings, delegations of authority, filing of [FR Doc. 2012–20126 Filed 8–15–12; 8:45 am] notice 1 in which we announced the petitions and applications and agency BILLING CODE 3410–03–P statements of organization and functions are availability, for public review and examples of documents appearing in this comment, of an environmental section. assessment (EA) that examined the DEPARTMENT OF AGRICULTURE potential environmental impacts associated with the proposed field trial Animal and Plant Health Inspection to test the safety and efficacy of an DEPARTMENT OF AGRICULTURE Service experimental oral rabies vaccine for Agricultural Research Service [Docket No. APHIS–2012–0052] wildlife in New Hampshire, New York, Ohio, Vermont, and West Virginia. Notice of Intent To Grant Exclusive Oral Rabies Vaccine Trial; Availability We solicited comments on the EA for License of an Environmental Assessment and 30 days ending August 8, 2012. We Finding of No Significant Impact received nine comments by that date. AGENCY: Agricultural Research Service, AGENCY: Animal and Plant Health They were from private citizens USDA. Inspection Service, USDA. (including five comments from the same individual), a foreign government, a ACTION: Notice of intent. ACTION: Notice. Federal agency, and a State department SUMMARY: We are advising the public of health. Three commenters expressed SUMMARY: Notice is hereby given that that the Animal and Plant Health support for the proposed field trial. One the U.S. Department of Agriculture, Inspection Service has prepared an commenter indicated we should prepare Agricultural Research Service, intends environmental assessment and finding an environmental impact statement to grant to the University of Mississippi of no significant impact relative to an rather than an EA for this action but did of University, Mississippi, an exclusive oral rabies vaccination field trial in New not provide a reason for doing so. Other license to U.S. Patent Application Serial Hampshire, New York, Ohio, Vermont, issues raised by commenters include No. 13/463,442, ‘‘Anti-Obesity and West Virginia. Based on its finding concerns regarding possible effects on Properties of Pterostilbene’’, filed on of no significant impact, the Animal and public health and whether the field trial May 3, 2012. Plant Health Inspection Service has is necessary. The comments, and APHIS’ responses to the comments, are DATES: Comments must be received on determined that an environmental presented in an appendix to the EA (see or before September 17, 2012. impact statement need not be prepared. FOR FURTHER INFORMATION CONTACT: Mr. footnote 1). ADDRESSES: Send comments to: USDA, Richard Chipman, Rabies Program In this document, we are advising the ARS, Office of Technology Transfer, Coordinator, Wildlife Services, APHIS, public of our finding of no significant 5601 Sunnyside Avenue, Rm. 4–1174, 59 Chennell Drive, Suite 7, Concord, NH impact (FONSI) regarding the Beltsville, Maryland 20705–5131. 03301; (603) 223–9623. To obtain copies implementation of a field trial to test the of the environmental assessment or safety and efficacy of the AdRG1.3 FOR FURTHER INFORMATION CONTACT: June wildlife rabies vaccine in New Blalock of the Office of Technology finding of no significant impact, contact Ms. Beth Kabert, Environmental Hampshire, New York, Ohio, Vermont, Transfer at the Beltsville address given Coordinator, Wildlife Services, 140–C and West Virginia, including portions of above; telephone: 301–504–5989. Locust Grove Road, Pittstown, NJ 08867; U.S. Department of Agriculture (USDA) SUPPLEMENTARY INFORMATION: The (908) 735–5654, fax (908) 735–0821, Forest Service National Forest System Federal Government’s patent rights in email: [email protected]. lands, but excluding Wilderness Areas. The finding, which is based on the EA, this invention are assigned to the United SUPPLEMENTARY INFORMATION: reflects our determination that the States of America, as represented by the Background distribution of this experimental Secretary of Agriculture. The The Wildlife Services (WS) program wildlife rabies vaccine will not have a prospective exclusive license will be significant impact on the quality of the royalty-bearing and will comply with in the Animal and Plant Health Inspection Service (APHIS) cooperates human environment. the terms and conditions of 35 U.S.C. The EA and FONSI may be viewed on 209 and 37 CFR 404.7. The prospective with Federal agencies, State and local governments, and private individuals to the APHIS Web site at http://www. exclusive license may be granted unless, _ research and implement the best aphis.usda.gov/regulations/ws/ws within thirty (30) days from the date of _ _ methods of managing conflicts between nepa environmental documents.shtml this published Notice, the Agricultural wildlife and human health and safety, and on the Regulations.gov Web site Research Service receives written agriculture, property, and natural (see footnote 1). Copies of the EA and evidence and argument which resources. Wildlife-borne diseases that 1 establishes that the grant of the license can affect domestic animals and humans To view the notice, the comments we received, would not be consistent with the the EA, and the FONSI, go to http://www. are among the types of conflicts that regulations.gov/#!docketDetail;D=APHIS-2012- APHIS–WS addresses. Wildlife is the 0052.

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FONSI are also available for public INFORMATION. All comments, including ACTION: Notice of meeting. inspection at USDA, Room 1141, South names and addresses when provided, Building, 14th Street and Independence are placed in the record and are SUMMARY: The Kisatchie Resource Avenue SW., Washington, DC, between available for public inspection and Advisory Committee will meet in 8 a.m. and 4:30 p.m., Monday through copying. The public may inspect Natchitoches, Louisiana. The committee Friday, except holidays. Persons comments received at Chequamegon- is authorized under the Secure Rural wishing to inspect copies are requested Nicolet National Forest, 113 East Schools and Community Self- to call ahead on (202) 799–7039 to Bayfield St., Washburn, WI 54891. Determination Act (Pub. L. 112–141) facilitate entry into the reading room. In Please call ahead to 715–373–2667 to (the Act) and operates in compliance addition, copies may be obtained as facilitate entry into the building to view with the Federal Advisory Committee described under FOR FURTHER comments. Act. The purpose of the committee is to improve collaborative relationships and INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: to provide advice and recommendations The EA and FONSI have been Sarah Holmes, RAC coordinator, USDA, prepared in accordance with: (1) The to the Forest Service concerning projects Chequamegon-Nicolet National Forest, and funding consistent with the title II National Environmental Policy Act of 113 East Bayfield St., Washburn, WI 1969 (NEPA), as amended (42 U.S.C. of the Act. The meeting is open to the 54891; (715) 373–2667; Email public. The purpose of the meeting is to 4321 et seq.); (2) regulations of the [email protected]. Council on Environmental Quality for review and recommend projects Individuals who use authorized under title II of the Act. implementing the procedural provisions telecommunication devices for the deaf DATES: The meeting will be held of NEPA (40 CFR parts 1500–1508); (3) (TDD) may call the Federal Information September 20, 2012, 6 p.m. USDA regulations implementing NEPA Relay Service (FIRS) at 1–800–877–8339 (7 CFR part 1b); and (4) APHIS’ NEPA between 8:00 a.m. and 8:00 p.m., ADDRESSES: The meeting will be held at Implementing Procedures (7 CFR part Eastern Standard Time, Monday the National Center for Preservation, 372). through Friday. Technology and Training on the Northwestern State University campus, Done in Washington, DC, this 13th day of SUPPLEMENTARY INFORMATION: The 645 University Parkway, Natchitoches, August 2012. following business will be conducted: Peter Fernandez, Louisiana. (1) Review and status updates on Written comments may be submitted Acting Administrator, Animal and Plant approved Title II projects (2) Health Inspection Service. as described under Supplementary Recommend funding of Title II project Information. All comments, including [FR Doc. 2012–20174 Filed 8–13–12; 4:15 pm] proposals in accordance with Public names and addresses when provided, BILLING CODE 3410–34–P Law 110–343; and (3) Public Comment. are placed in the record and are The full agenda may be previewed at available for public inspection and https://fsplaces.fs.fed.us/fsfiles/unit/wo/ DEPARTMENT OF AGRICULTURE _ _ _ copying. The public may inspect secure rural schools.nsf/Web Agendas? comments received at the Forest OpenView&Count=1000&RestrictTo Forest Service Supervisor’s Office, 2400 Shreveport Category=Chequamegon. Anyone who Hwy, Pineville, Louisiana. Please call Chequamegon Resource Advisory would like to bring related matters to ahead to 318–473–7025 to facilitate Committee the attention of the committee may file entry into the building to view written statements with the committee comments. AGENCY: Forest Service, USDA. staff before or after the meeting. The ACTION: Notice of meeting. agenda will include time for people to FOR FURTHER INFORMATION CONTACT: make oral statements of three minutes or Holly Morgan, RAC Coordinator, USDA, SUMMARY: The Chequamegon Resource less. A summary of the meeting will be 2500 Shreveport Hwy, Pineville, Advisory Committee will meet in Park posted at the above Web site within 21 Louisiana, 71360, 318–473–7194. Falls, Wisconsin. The committee is days of the meeting. Individuals who use authorized under the Secure Rural Meeting Accommodations: If you are telecommunication devices for the deaf Schools and Community Self- a person requiring reasonable (TDD) may call the Federal Information Determination Act (Pub. L 112–141) (the accommodation, please make requests Relay Service (FIRS) at 1–800–877–8339 Act) and operates in compliance with in advance by contacting the person between 8 a.m. and 8 p.m., Eastern the Federal Advisory Committee Act. listed under FOR FURTHER INFORMATION Standard Time, Monday through Friday. The purpose of the committee is to CONTACT. All reasonable SUPPLEMENTARY INFORMATION: The improve collaborative relationships and accommodation requests are managed following business will be conducted: to provide advice and recommendations on a case by case basis. Overview of changes, presentation of to the Forest Service concerning projects projects, voting on proposed projects, and funding consistent with title II of Dated: August 9, 2012. public comment. A full Agenda, the Act. The meeting is open to the Paul I.V. Strong, meeting information, and proposed public. The purpose of the meeting is to Forest Supervisor. projects may be viewed at the Kisatchie review and recommend projects [FR Doc. 2012–20109 Filed 8–15–12; 8:45 am] RAC Web site: https://fsplaces.fs.fed.us/ authorized under title II of the Act. BILLING CODE 3410–11–P fsfiles/unit/wo/secure_rural_schools. DATES: The meeting will be held nsf/RAC/AA30E6FF5FEE96518825 September 14, 2012, and will begin at 767100516D0F?OpenDocument. 10:00 a.m. DEPARTMENT OF AGRICULTURE Anyone who would like to bring related ADDRESSES: The meeting will be held at matters to the attention of the committee Forest Service the Forest Service Park Falls Office, may file written statements with the Large Conference Room, 1170 4th Ave. Kisatchie Resource Advisory committee staff before or after the South, Park Falls, WI. Committee meeting. The agenda will include time Written comments may be submitted for people to make oral statements of as described under SUPPLEMENTARY AGENCY: Forest Service, USDA. three minutes or less. Written comments

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must be sent to Kisatchie RAC, 2500 regulations require vessel operators to Title: Annual Economic Survey of Shreveport Hwy, Pineville, LA 71360 report fishing activity and harvest on Federal Gulf and South Atlantic Shrimp Attn: Holly Morgan, or by email to daily logbooks and mark their vessels Permit Holders. [email protected], or via facsimile to for identification: the vessel’s official OMB Control Number: 0648–0591. 318–473–7117. A summary of the number is required to be displayed on Form Number(s): NA. meeting will be posted at https:// the port and starboard sides of the fsplaces.fs.fed.us/fsfiles/unit/wo/ deckhouse or hull, and on an Type of Request: Regular submission secure_rural_schools.nsf/RAC/AA30E6 appropriate weather deck. (extension of a current information collection). FF5FEE96518825767100516D0F?Open The information collected is used to Document within 21 days of the identify participants in the fishery, Number of Respondents: 800. meeting. document fishing activities and Average Hours Per Response: 45 Meeting Accommodations: If you are landings, determine the conditions of minutes. a person requiring reasonable the stocks, assess the effectiveness of Burden Hours: 600. accommodation, please make requests management measures, evaluate the Needs and Uses: This request is for an in advance for sign language benefits and costs of changes in extension of a currently approved interpreting, assistive listening devices management measures, and monitor and information collection. or other reasonable accommodation for respond to accidental takes of protected That National Oceanic and access to the facility or proceedings by species, including seabirds, turtles, and Atmospheric Administration (NOAA) contacting the person listed under FOR marine mammals. annually collects socioeconomic data FURTHER INFORMATION CONTACT. All Vessel owners must identify their from commercial fishermen in the Gulf reasonable accommodation requests are vessels to assist in aerial and at-sea of Mexico and South Atlantic shrimp managed on a case by case basis. enforcement of fishing regulations. fisheries who hold one or more permits Dated: August 9, 2012. Revision: There is now a $32 permit for shrimp fishing in federal waters Michael L. Balboni, fee. (United States (U.S.) Exclusive Forest Supervisor. Affected Public: Business or other for- Economic Zone (EEZ)). Information profit organizations. [FR Doc. 2012–20111 Filed 8–15–12; 8:45 am] about revenues, variable and fixed costs, Frequency: Annually and daily during BILLING CODE 3410–11–P capital investment and other fishing trips. socioeconomic information is collected Respondent’s Obligation: Mandatory. from a random sample of permit OMB Desk Officer: holders. This data complements other DEPARTMENT OF COMMERCE _ OIRA [email protected]. data already collected and is needed to Submission for OMB Review; Copies of the above information conduct socioeconomic analyses in Comment Request collection proposal can be obtained by support of management of the shrimp calling or writing Jennifer Jessup, fishery and to satisfy legal requirements. The Department of Commerce will Departmental Paperwork Clearance The data will be used to assess how submit to the Office of Management and Officer, (202) 482–0336, Department of fishermen will be impacted by and Budget (OMB) for clearance the Commerce, Room 6616, 14th and respond to federal regulation likely to be following proposal for collection of Constitution Avenue NW., Washington, considered by fishery managers. information under the provisions of the DC 20230 (or via the Internet at Affected Public: Business or other for- Paperwork Reduction Act (44 U.S.C. [email protected]). profit organizations. Chapter 35). Written comments and Agency: National Oceanic and recommendations for the proposed Frequency: Annually. Atmospheric Administration (NOAA). information collection should be sent Respondent’s Obligation: Required to Title: Permitting, Vessel within 30 days of publication of this obtain or retain benefits. Identification, and Reporting notice to OMB Desk Officer: Requirements for the Pelagic Squid Jig [email protected]. [email protected]. Fishery in the Western Pacific Region. Dated: August 10, 2012. Copies of the above information OMB Control Number: 0648–0589. Gwellnar Banks, collection proposal can be obtained by Form Number(s): NA. calling or writing Jennifer Jessup, Type of Request: Regular submission Management Analyst, Office of the Chief Information Officer. Departmental Paperwork Clearance (revision and extension of a current [FR Doc. 2012–20100 Filed 8–15–12; 8:45 am] Officer, (202) 482–0336, Department of information collection). Commerce, Room 6616, 14th and BILLING CODE 3510–22–P Number of Respondents: 30. Constitution Avenue NW., Washington, Average Hours Per Response: Permit DC 20230 (or via the Internet at applications, 30 minutes; logsheets, 15 DEPARTMENT OF COMMERCE [email protected]). minutes, vessel identification, 45 Written comments and minutes. Submission for OMB Review; recommendations for the proposed Burden Hours: 265. Comment Request information collection should be sent Needs and Uses: This request is for within 30 days of publication of this revision and extension of a currently The Department of Commerce will notice to approved information collection. submit to the Office of Management and [email protected]. Federal regulations at Title 50, Part Budget (OMB) for clearance the 665, of the Code of Federal Regulations following proposal for collection of Dated: August 10, 2012. require that owners of vessels fishing information under the provisions of the Gwellnar Banks, for, or landing, pelagic squid in the Paperwork Reduction Act (44 U.S.C. Management Analyst, Office of the Chief western Pacific region obtain a permit Chapter 35). Information Officer. from NOAA National Marine Fisheries Agency: National Oceanic and [FR Doc. 2012–20101 Filed 8–15–12; 8:45 am] Service (NMFS). In addition, the Atmospheric Administration (NOAA). BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE requirements pertaining to the Description of the Specific Activity mitigation, monitoring and reporting of The purpose of the Navy’s activities is National Oceanic and Atmospheric such taking are set forth. NMFS has to meet the developmental testing Administration defined ‘‘negligible impact’’ in 50 CFR requirements of the Q–20 system by RIN 0648–XA950 216.103 as: ‘‘* * * an impact resulting verifying its performance in a realistic from the specified activity that cannot ocean and threat environment and Takes of Marine Mammals Incidental to be reasonably expected to, and is not supporting its integration with the Specified Activities; Navy Research, reasonably likely to, adversely affect the Remote Multi-Mission Vehicle (RMMV) Development, Test and Evaluation species or stock through effects on and ultimately the Littoral Combat Ship Activities at the Naval Surface Warfare annual rates of recruitment or survival.’’ (LCS). Testing would include Center Panama City Division The National Defense Authorization component, subsystem-level, and full- scale system testing in an operational AGENCY: National Marine Fisheries Act of 2004 (NDAA) (Pub. L. 108–136) environment. Service (NMFS), National Oceanic and removed the ‘‘small numbers’’ and ‘‘specified geographical region’’ The need for the proposed activities is Atmospheric Administration (NOAA), to support the timely deployment of the Commerce. limitations and amended the definition of ‘‘harassment’’ as it applies to a Q–20 to the operational Navy for Mine ACTION: Notice of issuance of an Countermeasure (MCM) activities incidental harassment authorization. ‘‘military readiness activity’’ to read as follows (Section 3(18)(B) of the MMPA): abroad, allowing the Navy to meet its statutory mission to deploy naval forces SUMMARY: In accordance with provisions (i) Any act that injures or has the equipped and trained to meet existing of the Marine Mammal Protection Act significant potential to injure a marine and emergent threats worldwide and to (MMPA) as amended, notification is mammal or marine mammal stock in the enhance its ability to operate jointly hereby given that an Incidental wild [Level A Harassment]; or with other components of the armed Harassment Authorization (IHA) has forces. been issued to the U.S. Navy (Navy) to (ii) any act that disturbs or is likely to disturb a marine mammal or marine The proposed activities are to test the take marine mammals, by harassment, Q–20 from the RMMV and from incidental to conducting research, mammal stock in the wild by causing disruption of natural behavioral surrogate platforms such as a small development, test and evaluation surface vessel or helicopter. The RMMV (RDT&E) activities at the Naval Surface patterns, including, but not limited to, migration, surfacing, nursing, breeding, or surrogate platforms will be deployed Warfare Center Panama City Division from the Navy’s new LCS or its (NSWC PCD). feeding, or sheltering, to a point where such behavioral patterns are abandoned surrogates. The Navy is evaluating DATES: This authorization is effective or significantly altered [Level B potential environmental effects from July 27, 2012, until July 26, 2013. Harassment]. associated with the Q–20 test activities ADDRESSES: A copy of the application, proposed for the Q–20 Study Area (see IHA, and/or a list of references used in Section 101(a)(5)(D) of the MMPA below for detailed description of the this document may be obtained by established an expedited process by Study Area), which includes non- writing to P. Michael Payne, Chief, which citizens of the United States can territorial waters of Military Warning Permits and Conservation Division, apply for an authorization to Area 151 (W–151; includes Panama City Office of Protected Resources, National incidentally take small numbers of Operating Area). Q–20 test activities Marine Fisheries Service, 1315 East- marine mammals by harassment. occur at sea in the waters present within West Highway, Silver Spring, MD Section 101(a)(5)(D) establishes a 45-day the Q–20 Study Area. No hazardous 20910–3225. time limit for NMFS review of an waste is generated at sea during Q–20 application followed by a 30-day public FOR FURTHER INFORMATION CONTACT: test activities. notice and comment period on any A detailed description of the NSWC Shane Guan, NMFS, (301) 427–8401. proposed authorizations for the PCD’s Q–20 test activities is provided in SUPPLEMENTARY INFORMATION: incidental harassment of marine the Federal Register for the proposed Background mammals. Within 45 days of the close IHA (77 FR 12010; February 28, 2012), of the comment period, NMFS must and there was no change in the Sections 101(a)(5)(A) and (D) of the either issue or deny the authorization. proposed action from the proposed IHA. MMPA (16 U.S.C. 1361 et seq.) direct Therefore, it is not repeated here. the Secretary of Commerce (Secretary) Summary of Request to allow, upon request, the incidental, Comments and Responses but not intentional taking of small NMFS received an application on A notice of receipt and request for numbers of marine mammals by U.S. December 28, 2011, from the Navy for public comment on the application and citizens who engage in a specified the taking, by harassment, of marine proposed authorization was published activity (other than commercial fishing) mammals incidental to conducting on February 28, 2012 (77 FR 12010). if certain findings are made and testing of the AN/AQS–20A Mine During the 30-day public comment regulations are issued or, if the taking is Reconnaissance Sonar System (hereafter period, the Marine Mammal limited to harassment, notice of a referred to as the Q–20) in the Naval Commission (Commission) and a private proposed authorization is provided to Surface Warfare Center, Panama City citizen provided comments. the public for review. Division (NSWC PCD) testing range in Comment 1: The Commission Authorization for incidental takings the Gulf of Mexico (GOM) from April recommends that NMFS issue the IHA, shall be granted if NMFS finds that the 2012 through April 2013. The Q–20 but condition it to require the Navy to taking will have a negligible impact on sonar test activities are proposed to be conduct its monitoring for at least 15 the species or stock(s), will not have an conducted in the non-territorial waters minutes prior to the initiation of and for unmitigable adverse impact on the of the United States (beyond 12 nautical at least 15 minutes after the cessation of availability of the species or stock(s) for miles) in the Gulf of Mexico (GOM, see Q–20 testing activities. subsistence uses (where relevant), and if Figure 2–1 of the Navy IHA Response: NMFS agrees with the the permissible methods of taking and application). Commission’s recommendations and

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worked with the Navy to incorporate the marine mammals is expected to occur, species regularly occur there. These 22 said condition to require the Navy to nor will be authorized. species are: Bryde’s whale, sperm conduct its monitoring for at least 15 Description of Marine Mammals in the whale, pygmy sperm whale, dwarf minutes prior to the initiation of and for Area of the Specified Activity sperm whale, Cuvier’s beaked whale, at least 15 minutes after the cessation of Gervais’ beaked whale, Sowerby’s Q–20 testing activities. There are 29 marine mammal species beaked whale, Blainville’s beaked under NMFS’ jurisdiction that may whale, killer whale, false killer whale, Comment 2: One private citizen wrote occur in the Q–20 Study Area (Table 1). pygmy killer whale, short-finned pilot against NMFS issuing the IHA to the These include 7 mysticetes (baleen whale, Risso’s dolphin, melon-headed Navy due to concerns about ‘‘severe whales) and 22 odontocetes (toothed injuries and killings to thousands of whales). Table 1 also includes the whale, rough-toothed dolphin, marine mammals.’’ Federal status of these marine mammal bottlenose dolphin, Atlantic spotted species. Six of these marine mammal dolphin, pantropical spotted dolphin, Response: NMFS does not agree with striped dolphin, spinner dolphin, the commenter. As discussed in detail species under NMFS’ jurisdiction are also listed as federally endangered Clymene dolphin, and Fraser’s dolphin. in the Federal Register notice for the The remaining 7 species (i.e., North proposed IHA (77 FR 12010; February under the Endangered Species Act (ESA) and could potentially occur in the Atlantic right whale, humpback whale, 28, 2012) and in sections below, the Study Area: the humpback whale, North sei whale, fin whale, blue whale, minke Navy’s Q–20 testing activity would only Atlantic right whale, sei whale, fin whale, and True’s beaked whale) are affect a small number of marine whale, blue whale, and sperm whale. Of extralimital and are excluded from mammals by Level B behavioral these 29 species with occurrence further consideration of impacts from harassment. No injury or mortality to records in the Q–20 Study Area, 22 the NSWC PCD Q–20 testing analysis.

TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY FOUND IN THE Q–20 STUDY AREA

Family and scientific name Common name Federal status

Order Cetacea

Suborder Mysticeti (baleen whales)

Eubalaena glacialis ...... North Atlantic right whale ...... Endangered. Megaptera novaeangliae ...... Humpback whale ...... Endangered. Balaenoptera acutorostrata ...... Minke whale. B. brydei ...... Bryde’s whale. B. borealis ...... Sei whale ...... Endangered. B. physalus ...... Fin whale ...... Endangered. B. musculus ...... Blue whale ...... Endangered.

Suborder Odontoceti (toothed whales)

Physeter macrocephalus ...... Sperm whale ...... Endangered. Kogia breviceps ...... Pygmy sperm whale. K. sima ...... Dwarf sperm whale. Ziphius cavirostris ...... Cuvier’s beaked whale. Mesoplodon europaeus ...... Gervais’ beaked whale. M. Mirus ...... True’s beaked whale. M. bidens ...... Sowerby’s beaked whale. M. densirostris ...... Blainville’s beaked whale. Steno bredanensis ...... Rough-toothed dolphin. Tursiops truncatus ...... Bottlenose dolphin. Stenella attenuata ...... Pantropical spotted dolphin. S. frontalis ...... Atlantic spotted dolphin. S. longirostris ...... Spinner dolphin. S. clymene ...... Clymene dolphin. S. coeruleoalba ...... Striped dolphin. Lagenodephis hosei ...... Fraser’s dolphin. Grampus griseus ...... Risso’s dolphin. Peponocephala electra ...... Melon-headed whale. Feresa attenuata ...... Pygmy killer whale. Pseudorca crassidens ...... False killer whale. Orcinus orca ...... Killer whale. Globicephala macrorhynchus ...... Short-finned pilot whale.

The Navy’s IHA application contains ADDRESSES). Additional information can A Brief Background on Sound information on the status, distribution, also be found in the NMFS Stock An understanding of the basic seasonal distribution, and abundance of Assessment Reports (SAR). The Atlantic properties of underwater sound is each of the species under NMFS 2011 SAR is available at: http://www. necessary to comprehend many of the jurisdiction mentioned in this nmfs.noaa.gov/pr/pdfs/sars/ao2011.pdf. concepts and analyses presented in this document. Please refer to the document. A summary is included application for that information (see below.

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Sound is a wave of pressure variations together. Sounds made up of only a the source level and the loudness of propagating through a medium (for the small range of frequencies are called sound elsewhere as the received level. sonar considered in this IHA, the ‘‘narrowband,’’ and sounds with a broad For example, a humpback whale three medium is marine water). Pressure range of frequencies are called kilometers from an airgun that has a variations are created by compressing ‘‘broadband;’’ airguns are an example of source level of 230 dB may only be and relaxing the medium. Sound a broadband sound source and tactical exposed to sound that is 160 dB loud, measurements can be expressed in two sonars are an example of a narrowband depending on how the sound forms: intensity and pressure. Acoustic sound source. propagates. As a result, it is important intensity is the average rate of energy When considering the influence of not to confuse source levels and transmitted through a unit area in a various kinds of sound on the marine received levels when discussing the specified direction and is expressed in environment, it is necessary to loudness of sound in the ocean. watts per square meter (W/m2). Acoustic understand that different kinds of As sound travels from a source, its intensity is rarely measured directly, it marine life are sensitive to different propagation in water is influenced by is derived from ratios of pressures; the frequencies of sound. Based on available various physical characteristics, standard reference pressure for behavioral data, audiograms derived including water temperature, depth, underwater sound is 1 mPa; for airborne using auditory evoked potential, salinity, and surface and bottom sound, the standard reference pressure anatomical modeling, and other data, properties that cause refraction, is 20 mPa (Urick, 1983). Southall et al. (2007) designate reflection, absorption, and scattering of Acousticians have adopted a ‘‘functional hearing groups’’ and sound waves. Oceans are not logarithmic scale for sound intensities, estimate the lower and upper homogeneous and the contribution of which is denoted in decibels (dB). frequencies of functional hearing of the each of these individual factors is Decibel measurements represent the groups. Further, the frequency range in extremely complex and interrelated. ratio between a measured pressure value which each group’s hearing is estimated The physical characteristics that and a reference pressure value (in this as being most sensitive is represented in determine the sound’s speed through case 1 mPa or, for airborne sound, 20 the flat part of the M-weighting the water will change with depth, mPa). The logarithmic nature of the scale functions developed for each group. The season, geographic location, and with means that each 10 dB increase is a functional groups and the associated time of day (as a result, in actual sonar tenfold increase in power (e.g., 20 dB is frequencies are indicated below: • operations, crews will measure oceanic a 100-fold increase, 30 dB is a 1,000-fold Low-frequency cetaceans (13 conditions, such as sea water increase). Humans perceive a 10-dB species of mysticetes): Functional temperature and depth, to calibrate increase in noise as a doubling of sound hearing is estimated to occur between models that determine the path the level, or a 10 dB decrease in noise as a approximately 7 Hz and 22 kHz. sonar signal will take as it travels • Mid-frequency cetaceans (32 halving of sound level. The term ‘‘sound through the ocean and how strong the species of dolphins, six species of larger pressure level’’ implies a decibel sound signal will be at a given range toothed whales, and 19 species of measure and a reference pressure that is along a particular transmission path). As beaked and bottlenose whales): used as the denominator of the ratio. sound travels through the ocean, the Functional hearing is estimated to occur Throughout this document, NMFS uses intensity associated with the wavefront m between approximately 150 Hz and 160 1 Pa as a standard reference pressure diminishes, or attenuates. This decrease kHz. unless noted otherwise. in intensity is referred to as propagation It is important to note that decibels • High-frequency cetaceans (eight loss, also commonly called transmission underwater and decibels in air are not species of true porpoises, six species of loss. the same and cannot be directly river dolphins, Kogia, the franciscana, compared. To estimate a comparison and four species of cephalorhynchids): Metrics Used in This Document between sound in air and underwater, Functional hearing is estimated to occur This section includes a brief because of the different densities of air between approximately 200 Hz and 180 explanation of the two sound and water and the different decibel kHz. measurements (sound pressure level standards (i.e., reference pressures) in • Pinnipeds in Water: Functional (SPL) and sound exposure level (SEL)) water and air, a sound with the same hearing is estimated to occur between frequently used in the discussions of intensity (i.e., power) in air and in water approximately 75 Hz and 75 kHz, with acoustic effects in this document. would be approximately 63 dB lower in the greatest sensitivity between air. Thus, a sound that is 160 dB loud approximately 700 Hz and 20 kHz. SPL • Pinnipeds in Air: Functional underwater would have the same Sound pressure is the sound force per hearing is estimated to occur between approximate effective intensity as a unit area, and is usually measured in sound that is 97 dB loud in air. approximately 75 Hz and 30 kHz. microPa, where 1 Pa is the pressure Sound frequency is measured in Because ears adapted to function resulting from a force of one newton cycles per second, or Hertz (abbreviated underwater are physiologically different Hz), and is analogous to musical pitch; from human ears, comparisons using exerted over an area of one square high-pitched sounds contain high decibel measurements in air would still meter. SPL is expressed as the ratio of frequencies and low-pitched sounds not be adequate to describe the effects a measured sound pressure and a contain low frequencies. Natural sounds of a sound on a whale. When sound reference level. The commonly used in the ocean span a huge range of travels away from its source, its reference pressure level in underwater frequencies: from earthquake noise at 5 loudness decreases as the distance acoustics is 1 mPa, and the units for Hz to harbor porpoise clicks at 150,000 traveled (propagates) by the sound SPLs are dB re: 1 mPa. Hz (150 kHz). These sounds are so low increases. Thus, the loudness of a sound SPL (in dB) = 20 log (pressure/reference or so high in pitch that humans cannot at its source is higher than the loudness pressure) even hear them; acousticians call these of that same sound a kilometer distant. SPL is an instantaneous measurement infrasonic and ultrasonic sounds, Acousticians often refer to the loudness and can be expressed as the peak, the respectively. A single sound may be of a sound at its source (typically peak-peak, or the root mean square made up of many different frequencies measured one meter from the source) as (rms). Root mean square, which is the

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square root of the arithmetic average of physiological effects that might (Kryter, 1985) (although in the case of the squared instantaneous pressure ultimately lead to injury or death, which Navy sonar, animals are not expected to values, is typically used in discussions is discussed later in the Stranding be exposed to levels high enough or of the effects of sounds on vertebrates section. durations long enough to result in PTS). and all references to SPL in this PTS is considered auditory injury Threshold Shift (Noise-Induced Loss of document refer to the root mean square. (Southall et al., 2007). Irreparable Hearing) SPL does not take the duration of a damage to the inner or outer cochlear sound into account. SPL is the When animals exhibit reduced hair cells may cause PTS, however, applicable metric used in the risk hearing sensitivity (i.e., sounds must be other mechanisms are also involved, continuum, which is used to estimate louder for an animal to recognize them) such as exceeding the elastic limits of behavioral harassment takes (see Level following exposure to a sufficiently certain tissues and membranes in the B Harassment Risk Function (Behavioral intense sound, it is referred to as a middle and inner ears and resultant Harassment) Section). noise-induced threshold shift (TS). An changes in the chemical composition of animal can experience temporary the inner ear fluids (Southall et al., SEL threshold shift (TTS) or permanent 2007). SEL is an energy metric that integrates threshold shift (PTS). TTS can last from Although the published body of the squared instantaneous sound minutes or hours to days (i.e., there is scientific literature contains numerous pressure over a stated time interval. The recovery), occurs in specific frequency theoretical studies and discussion units for SEL are dB re: 1 microPa2-s. ranges (e.g., an animal might only have papers on hearing impairments that can SEL = SPL + 10 log(duration in seconds) a temporary loss of hearing sensitivity occur with exposure to a loud sound, As applied to tactical sonar, the SEL between the frequencies of 1 and 10 only a few studies provide empirical includes both the SPL of a sonar ping kHz), and can be of varying amounts (for information on the levels at which and the total duration. Longer duration example, an animal’s hearing sensitivity noise-induced loss in hearing sensitivity pings and/or pings with higher SPLs might be reduced by only 6 dB or occurs in nonhuman animals. For will have a higher SEL. If an animal is reduced by 30 dB). PTS is permanent cetaceans, published data are limited to exposed to multiple pings, the SEL in (i.e., there is no recovery), but also the captive bottlenose dolphin and each individual ping is summed to occurs in a specific frequency range and beluga whale (Finneran et al., 2000, calculate the total SEL. The total SEL amount as mentioned in the TTS 2002b, 2005a; Schlundt et al., 2000; depends on the SPL, duration, and description. Nachtigall et al., 2003, 2004). number of pings received. The The following physiological Marine mammal hearing plays a thresholds that NMFS uses to indicate at mechanisms are thought to play a role critical role in communication with what received level the onset of in inducing auditory TSs: Effects on conspecifics, and interpreting temporary threshold shift (TTS) and sensory hair cells in the inner ear that environmental cues for purposes such permanent threshold shift (PTS) in reduce their sensitivity, modification of as predator avoidance and prey capture. hearing are likely to occur are expressed the chemical environment within the Depending on the frequency range of in SEL. sensory cells, residual muscular activity TTS degree (dB), duration, and in the middle ear, displacement of frequency range of TTS, and the context Potential Impacts to Marine Mammal certain inner ear membranes, increased in which it is experienced, TTS can Species blood flow, and post-stimulatory have effects on marine mammals The Navy considers that the Q–20 reduction in both efferent and sensory ranging from discountable to serious sonar testing activities in the Q–20 neural output (Southall et al., 2007). (similar to those discussed in auditory Study Area could potentially result in The amplitude, duration, frequency, masking, below). For example, a marine harassment to marine mammals. temporal pattern, and energy mammal may be able to readily Although surface operations related to distribution of sound exposure all affect compensate for a brief, relatively small sonar testing involve ship movement in the amount of associated TS and the amount of TTS in a non-critical the vicinity of the Q–20 test area, NMFS frequency range in which it occurs. As frequency range that takes place during considers it unlikely that ship strike amplitude and duration of sound a time when the animal is traveling could occur as analyzed in the Federal exposure increase, so, generally, does through the open ocean, where ambient Register for the proposed IHA (77 FR the amount of TS. For continuous noise is lower and there are not as many 12010; February 28, 2012). sounds, exposures of equal energy (the competing sounds present. Anticipated impacts resulting from same SEL) will lead to approximately Alternatively, a larger amount and the Navy’s Q–20 testing activities equal effects. For intermittent sounds, longer duration of TTS sustained during primary arise from underwater noise less TS will occur than from a a time when communication is critical due to sonar operations, if marine continuous exposure with the same for successful mother/calf interactions mammals are in the vicinity of the energy (some recovery will occur could have more serious impacts. Also, action area. The following subsection between exposures) (Kryter et al., 1966; depending on the degree and frequency provides a summary of the acoustic Ward, 1997). For example, one short but range, the effects of PTS on an animal effects to marine mammals. loud (higher SPL) sound exposure may could range in severity, although it is induce the same impairment as one considered generally more serious (1) Direct Physiological Effects longer but softer sound, which in turn because it is a long term condition. Of Based on the literature, there are two may cause more impairment than a note, reduced hearing sensitivity as a basic ways that Navy sonar might series of several intermittent softer simple function of development and directly result in physical trauma or sounds with the same total energy aging has been observed in marine damage: Noise-induced loss of hearing (Ward, 1997). Additionally, though TTS mammals, as well as humans and other sensitivity (more commonly-called is temporary, very prolonged exposure taxa (Southall et al., 2007), so we can ‘‘threshold shift’’) and acoustically to sound strong enough to elicit TTS, or infer that strategies exist for coping with mediated bubble growth. Separately, an shorter-term exposure to sound levels this condition to some degree, though animal’s behavioral reaction to an well above the TTS threshold, can cause likely not without cost. There is no acoustic exposure might lead to PTS, at least in terrestrial mammals empirical evidence that exposure to

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Navy sonar can cause PTS in any referred to as ‘‘hypotheses of interference, generally occurs when marine mammals; instead the acoustically mediated bubble growth.’’ sounds in the environment are louder probability of PTS has been inferred Although theoretical predictions than, and of a similar frequency to, from studies of TTS (see Richardson et suggest the possibility for acoustically auditory signals an animal is trying to al., 1995). mediated bubble growth, there is receive. Masking is a phenomenon that considerable disagreement among affects animals that are trying to receive Acoustically Mediated Bubble Growth scientists as to its likelihood (Piantadosi acoustic information about their One theoretical cause of injury to and Thalmann, 2004; Evans and Miller, environment, including sounds from marine mammals is rectified diffusion 2003). Crum and Mao (1996) other members of their species, (Crum and Mao, 1996), the process of hypothesized that received levels would predators, prey, and sounds that allow increasing the size of a bubble by have to exceed 190 dB in order for there them to orient in their environment. exposing it to a sound field. This to be the possibility of significant Masking these acoustic signals can process could be facilitated if the bubble growth due to supersaturation of disturb the behavior of individual environment in which the ensonified gases in the blood (i.e., rectified animals, groups of animals, or entire bubbles exist is supersaturated with gas. diffusion). More recent work conducted populations. Repetitive diving by marine mammals by Crum et al. (2005) demonstrated the The extent of the masking interference can cause the blood and some tissues to possibility of rectified diffusion for depends on the spectral, temporal, and accumulate gas to a greater degree than short duration signals, but at SELs and spatial relationships between the signals is supported by the surrounding tissue saturation levels that are highly an animal is trying to receive and the environmental pressure (Ridgway and improbable to occur in diving marine masking noise, in addition to other Howard, 1979). The deeper and longer mammals. To date, Energy Levels (ELs) factors. In humans, significant masking dives of some marine mammals (for predicted to cause in vivo bubble of tonal signals occurs as a result of example, beaked whales) are formation within diving cetaceans have exposure to noise in a narrow band of theoretically predicted to induce greater not been evaluated (NOAA, 2002). similar frequencies. As the sound level supersaturation (Houser et al., 2001). If Although it has been argued that increases, though, the detection of rectified diffusion were possible in traumas from some recent beaked whale frequencies above those of the masking marine mammals exposed to high-level strandings are consistent with gas stimulus also decreases. This principle sound, conditions of tissue emboli and bubble-induced tissue is also expected to apply to marine supersaturation could theoretically separations (Jepson et al., 2003), there is mammals because of common speed the rate and increase the size of no conclusive evidence of this (Hooker biomechanical cochlear properties bubble growth. Subsequent effects due et al., 2011). However, Jepson et al. across taxa. Richardson et al. (1995) argued that to tissue trauma and emboli would (2003, 2005) and Fernandez et al. (2004, the maximum radius of influence of an presumably mirror those observed in 2005) concluded that in vivo bubble formation, which may be exacerbated by industrial noise (including broadband humans suffering from decompression deep, long duration, repetitive dives low frequency sound transmission) on a sickness. may explain why beaked whales appear marine mammal is the distance from the It is unlikely that the short duration to be particularly vulnerable to sonar source to the point at which the noise of sonar pings would be long enough to exposures. A recent review of evidence can barely be heard. This range is drive bubble growth to any substantial for gas-bubble incidence in marine determined by either the hearing size, if such a phenomenon occurs. mammal tissues suggest that diving sensitivity of the animal or the Recent work conducted by Crum et al. mammals vary their physiological background noise level present. (2005) demonstrated the possibility of responses according to multiple Industrial masking is most likely to rectified diffusion for short duration stressors, and that the perspective on affect some species’ ability to detect signals, but at sound exposure levels marine mammal diving physiology communication calls and natural and tissue saturation levels that are should change from simply minimizing sounds (i.e., surf noise, prey noise, etc.; improbable to occur in a diving marine nitrogen loading to management of the Richardson et al., 1995). mammal. However, an alternative but nitrogen load (Hooker et al., 2011). This The echolocation calls of odontocetes related hypothesis has also been suggests several avenues for further (toothed whales) are subject to masking suggested: Stable bubbles could be study, ranging from the effects of gas by high frequency sound. Human data destabilized by high-level sound bubbles at molecular, cellular and organ indicate low-frequency sound can mask exposures such that bubble growth then function levels, to comparative studies high-frequency sounds (i.e., upward occurs through static diffusion of gas relating the presence/absence of gas masking). Studies on captive out of the tissues. In such a scenario the bubbles to diving behavior. More odontocetes by Au et al. (1974, 1985, marine mammal would need to be in a information regarding hypotheses that 1993) indicate that some species may gas-supersaturated state for a long attempt to explain how behavioral use various processes to reduce masking enough period of time for bubbles to responses to Navy sonar can lead to effects (e.g., adjustments in echolocation become of a problematic size. Yet strandings is included in the call intensity or frequency as a function another hypothesis (decompression Behaviorally Mediated Bubble Growth of background noise conditions). There sickness) has speculated that rapid section, after the summary of strandings. is also evidence that the directional ascent to the surface following exposure hearing abilities of odontocetes are to a startling sound might produce (2) Acoustic Masking useful in reducing masking at the high tissue gas saturation sufficient for the Marine mammals use acoustic signals frequencies these cetaceans use to evolution of nitrogen bubbles (Jepson et for a variety of purposes, which differ echolocate, but not at the low-to- al., 2003; Fernandez et al., 2005). In this among species, but include moderate frequencies they use to scenario, the rate of ascent would need communication between individuals, communicate (Zaitseva et al., 1980). to be sufficiently rapid to compromise navigation, foraging, reproduction, and As mentioned previously, the behavioral or physiological protections learning about their environment (Erbe functional hearing ranges of mysticetes against nitrogen bubble formation. and Farmer, 2000; Tyack, 2000; Clark et (baleen whales) and odontocetes Collectively, these hypotheses can be al., 2009). Masking, or auditory (toothed whales) all encompass the

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frequencies of the sonar sources used in example, vocalizing more loudly in reduced immune competence (Blecha, the Navy’s Q–20 test activities. noisy environments may have energetic 2000) and behavioral disturbance. Additionally, almost all species’ vocal costs that decrease the net benefits of Increases in the circulation of repertoires span across the frequencies vocal adjustment and alter a bird’s glucocorticosteroids (cortisol, of the sonar sources used by the Navy. energy budget (Brumm, 2004; Wood and corticosterone, and aldosterone in The closer the characteristics of the Yezerinac, 2006). Shifting songs and marine mammals; Romano et al., 2004) masking signal to the signal of interest, calls to higher frequencies may also have been equated with stress for many the more likely masking is to occur. impose energetic costs (Lambrechts, years. However, because the pulse length and 1996). The primary distinction between duty cycle of the Navy sonar signals are stress (which is adaptive and does not (3) Stress Responses of short duration and would not be normally place an animal at risk) and continuous, masking is unlikely to Classic stress responses begin when distress is the biotic cost of the occur as a result of exposure to these an animal’s central nervous system response. During a stress response, an signals during the Q–20 test activities in perceives a potential threat to its animal uses glycogen stores that can be the designated Q–20 Study Area. homeostasis. That perception triggers quickly replenished once the stress is In addition to making it more difficult stress responses regardless of whether a alleviated. In such circumstances, the for animals to perceive acoustic cues in stimulus actually threatens the animal; cost of the stress response would not their environment, anthropogenic sound the mere perception of a threat is pose a risk to the animal’s welfare. presents separate challenges for animals sufficient to trigger a stress response However, when an animal does not have that are vocalizing. When they vocalize, (Moberg, 2000; Sapolsky et al., 2005; sufficient energy reserves to satisfy the animals are aware of environmental Seyle, 1950). Once an animal’s central energetic costs of a stress response, conditions that affect the ‘‘active space’’ nervous system perceives a threat, it energy resources must be diverted from of their vocalizations, which is the mounts a biological response or defense other biotic functions, which impair maximum area within which their that consists of a combination of the those functions that experience the vocalizations can be detected before it four general biological defense diversion. For example, when mounting drops to the level of ambient noise responses: behavioral responses, a stress response diverts energy away (Brenowitz, 2004; Brumm et al., 2004; autonomic nervous system responses, from growth in young animals, those Lohr et al., 2003). Animals are also neuroendocrine responses, or immune animals may experience stunted growth. aware of environmental conditions that responses. When mounting a stress response affect whether listeners can discriminate In the case of many stressors, an diverts energy from a fetus, an animal’s and recognize their vocalizations from animal’s first and most economical (in reproductive success and its fitness will other sounds, which are more important terms of biotic costs) response is suffer. In these cases, the animals will than detecting a vocalization behavioral avoidance of the potential have entered a pre-pathological or (Brenowitz, 1982; Brumm et al., 2004; stressor or avoidance of continued pathological state which is called Dooling, 2004; Marten and Marler, 1977; exposure to a stressor. An animal’s ‘‘distress’’ (sensu Seyle, 1950) or Patricelli et al., 2006). Most animals that second line of defense to stressors ‘‘allostatic loading’’ (sensu McEwen and vocalize have evolved an ability to make involves the autonomic nervous system Wingfield, 2003). This pathological state vocal adjustments to their vocalizations and the classical ‘‘fight or flight’’ will last until the animal replenishes its to increase the signal-to-noise ratio, response, which includes the biotic reserves sufficient to restore active space, and recognizability of their cardiovascular system, the normal function. vocalizations in the face of temporary gastrointestinal system, the exocrine Relationships between these changes in background noise (Brumm et glands, and the adrenal medulla to physiological mechanisms, animal al., 2004; Patricelli et al., 2006). produce changes in heart rate, blood behavior, and the costs of stress Vocalizing animals will make one or pressure, and gastrointestinal activity responses have also been documented more of the following adjustments to that humans commonly associate with fairly well through controlled their vocalizations: Adjust the frequency ‘‘stress.’’ These responses have a experiments; because this physiology structure; adjust the amplitude; adjust relatively short duration and may or exists in every vertebrate that has been temporal structure; or adjust temporal may not have significant long-term studied, it is not surprising that stress delivery. effects on an animal’s welfare. responses and their costs have been Many animals will combine several of An animal’s third line of defense to documented in both laboratory and free- these strategies to compensate for high stressors involves its neuroendocrine or living animals (for examples see, levels of background noise. sympathetic nervous systems; the Holberton et al., 1996; Hood et al., 1998; Anthropogenic sounds that reduce the system that has received the most study Jessop et al., 2003; Krausman et al., signal-to-noise ratio of animal has been the hypothalmus-pituitary- 2004; Lankford et al., 2005; Reneerkens vocalizations, increase the masked adrenal system (also known as the HPA et al., 2002; Thompson and Hamer, auditory thresholds of animals listening axis in mammals or the hypothalamus- 2000). Although no information has for such vocalizations, or reduce the pituitary-interrenal axis in fish and been collected on the physiological active space of an animal’s vocalizations some reptiles). Unlike stress responses responses of marine mammals to impair communication between associated with the autonomic nervous exposure to anthropogenic sounds, animals. Most animals that vocalize system, virtually all neuro-endocrine studies of other marine animals and have evolved strategies to compensate functions that are affected by stress— terrestrial animals would lead us to for the effects of short-term or temporary including immune competence, expect some marine mammals to increases in background or ambient reproduction, metabolism, and experience physiological stress noise on their songs or calls. Although behavior—are regulated by pituitary responses and, perhaps, physiological the fitness consequences of these vocal hormones. Stress-induced changes in responses that would be classified as adjustments remain unknown, like most the secretion of pituitary hormones have ‘‘distress’’ upon exposure to mid- other trade-offs animals must make, been implicated in failed reproduction frequency and low-frequency sounds. some of these strategies probably come (Moberg, 1987; Rivier, 1995) and altered For example, Jansen (1998) reported at a cost (Patricelli et al., 2006). For metabolism (Elasser et al., 2000), on the relationship between acoustic

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exposures and physiological responses abandonment (temporary or permanent); sonar exposure were estimated to be 146 that are indicative of stress responses in and, in severe cases, panic, flight, dB re 1 mPa at the highest level. The humans (for example, elevated stampede, or stranding, potentially tagged whale slowly returned for several respiration and increased heart rates). resulting in death (Southall et al., 2007). days (mean distance approximately 29 Jones (1998) reported on reductions in Many different variables can km) from 0–72 hours after the exercise human performance when faced with influence an animal’s perception of and stopped (Tyack et al., 2011). acute, repetitive exposures to acoustic response to (nature and magnitude) an In the past several years, controlled disturbance. Trimper et al. (1998) acoustic event. An animal’s prior exposure experiments (CEE) on marine reported on the physiological stress experience with a sound type affects mammal behavioral responses to responses of osprey to low-level aircraft whether it is less likely (habituation) or military sonar signals using acoustic noise while Krausman et al. (2004) more likely (sensitization) to respond to tags have been started in the Bahamas, reported on the auditory and physiology certain sounds in the future (animals the Mediterranean Sea, southern stress responses of endangered Sonoran can also be innately pre-disposed to California, and Norway. These pronghorn to military overflights. Smith respond to certain sounds in certain behavioral response studies (BRS), et al. (2004a, 2004b) identified noise ways) (Southall et al., 2007). Related to though still in their early stages, have induced physiological transient stress the sound itself, the perceived nearness provided some preliminary insights into responses in hearing-specialist fish that of the sound, bearing of the sound cetacean behavioral disturbances when accompanied short- and long-term (approaching vs. retreating), similarity exposed to simulated and actual hearing losses. Welch and Welch (1970) of a sound to biologically relevant military sonar signals. reported physiological and behavioral sounds in the animal’s environment In 2007 and 2008, two Blainville’s stress responses that accompanied (i.e., calls of predators, prey, or beaked whales were tagged in the damage to the inner ears of fish and conspecifics), and familiarity of the AUTEC range and exposed to simulated several mammals. sound may affect the way an animal mid-frequency sonar signals, killer Hearing is one of the primary senses responds to the sound (Southall et al., whale (Orcinus orca) recordings (in cetaceans use to gather information 2007). Individuals (of different age, 2007), and pseudo-random noise (PRN, about their environment and to gender, reproductive status, etc.) among in 2008) (Tyack et al., 2011). For the communicate with conspecifics. most populations will have variable simulated mid-frequency exposure BRS, Although empirical information on the hearing capabilities, and differing the tagged whale stopped clicking relationship between sensory behavioral sensitivities to sounds that during its foraging dive after 9 minutes impairment (TTS, PTS, and acoustic will be affected by prior conditioning, when the received level reached 138 dB masking) on cetaceans remains limited, experience, and current activities of SPL, or a cumulative SEL value of 142 it seems reasonable to assume that those individuals. Often, specific dB re 1 mPa2-s. Once the whale stopped reducing an animal’s ability to gather acoustic features of the sound and clicking, it ascended slowly, moving information about its environment and contextual variables (i.e., proximity, away from the sound source. The whale to communicate with other members of duration, or recurrence of the sound or surfaced and remained in the area for its species would be stressful for the current behavior that the marine approximately 2 hours before making animals that use hearing as their mammal is engaged in or its prior another foraging dive (Tyack et al., primary sensory mechanism. Therefore, experience), as well as entirely separate 2011). we assume that acoustic exposures factors such as the physical presence of The same beaked whale was exposed sufficient to trigger onset PTS or TTS a nearby vessel, may be more relevant to a killer whale sound recording during would be accompanied by physiological to the animal’s response than the its subsequent deep foraging dive. The stress responses because terrestrial received level alone. whale stopped clicking about 1 minute animals exhibit those responses under There are only few empirical studies after the received level of the killer similar conditions (NRC, 2003). More of behavioral responses of free-living whale sound reached 98 dB SPL, just importantly, marine mammals might cetaceans to military sonar being above the ambient noise level at the experience stress responses at received conducted to date, due to the difficulties whale. The whale then made a long and levels lower than those necessary to in implementing experimental protocols slow ascent. After surfacing, the whale trigger onset TTS. Based on empirical on wild marine mammals. continued to swim away from the studies of the time required to recover An opportunistic observation was playback location for 10 hours (Tyack et from stress responses (Moberg, 2000), made on a tagged Blainville’s beaked al., 2011). we also assume that stress responses are whale (Mesoplodon densirostris) before, In 2008, a Blainville’s beaked was likely to persist beyond the time interval during, and after a multi-day naval tagged and exposed with PRN that has required for animals to recover from exercise involving tactical mid- the same frequency band as the TTS and might result in pathological frequency sonars within the U.S. Navy’s simulated mid-frequency sonar signal. and pre-pathological states that would sonar testing range at the Atlantic The received level at the whale ranged be as significant as behavioral responses Undersea Test and Evaluation Center from inaudible to 142 dB SPL (144 dB to TTS. (AUTEC), in the Tongue of the Ocean cumulative SEL). The whale stopped near Andros Island in the Bahamas clicking less than 2 minutes after (4) Behavioral Disturbance (Tyack et al., 2011). The adult male exposure to the last transmission and Behavioral responses to sound are whale was tagged with a satellite ascended slowly to approximately 600 highly variable and context-specific. transmitter tag on May 7, 2009. During m. The whale appeared to stop at this Exposure of marine mammals to sound the 72 hrs before the sonar exercise depth, at which time the tag sources can result in (but is not limited started, the mean distance from whale to unexpectedly released from the whale to) the following observable responses: the center of the AUTEC range was (Tyack et al., 2011). Increased alertness; orientation or approximately 37 km. During the 72 hrs During CEEs of the BRS off Norway, attraction to a sound source; vocal sonar exercise, the whale moved several social behavioral responses of pilot modifications; cessation of feeding; tens of km farther away (mean distance whales and killer whales to tagging and cessation of social interaction; alteration approximately 54 km). The received sonar exposure were investigated. Sonar of movement or diving behavior; habitat sound levels at the tagged whale during exposure was sampled for 3 pilot whale

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(Globicephala spp.) groups and 1 group marine mammals to anthropogenic in the field and the laboratory and of killer whales. Results show that when sound and developing criteria, the related to several different sound exposed to sonar signals, pilot whales authors differentiate between single sources (of varying similarity to HFAS/ showed a preference for larger groups pulse sounds, multiple pulse sounds, MFAS) including: acoustic harassment with medium-low surfacing synchrony, and non-pulse sounds. HFAS/MFAS devices, Acoustical Telemetry of Ocean while starting logging, spyhopping and sonar is considered a non-pulse sound. Climate (ATOC), wind turbine, vessel milling. Killer whales showed the Southall et al., (2007) summarize the noise, and construction noise. However, opposite pattern, maintaining reports associated with low-, mid-, and no conclusive results are available from asynchronous patterns of surface high-frequency cetacean responses to these reports. In some cases, high behavior: decreased surfacing non-pulse sounds (there are no frequency cetaceans (harbor porpoises) synchrony, increased spacing, decreased pinnipeds in the Gulf of Mexico (GOM)) are observed to be quite sensitive to a group size, tailslaps and loggings (Visser in Appendix C of their report wide range of human sounds at very low et al., 2011). (incorporated by reference and exposure RLs (90 to 120 dB). All Although the small sample size of summarized in the three paragraphs recorded exposures exceeding 140 dB these CEEs reported here is too small to below). produced profound and sustained make firm conclusions about differential The reports that address responses of avoidance behavior in wild harbor responses of cetaceans to military sonar low-frequency cetaceans to non-pulse porpoises (Southall et al., 2007). exposure, none of the results showed sounds include data gathered in the In addition to summarizing the that whales responded to sonar signals field and related to several types of available data, the authors of Southall et with panicked flight. Instead, the sound sources (of varying similarity to al. (2007) developed a severity scaling beaked whales exposed to simulated HFAS/MFAS) including: Vessel noise, system with the intent of ultimately sonar signals and killer whale sound drilling and machinery playback, low being able to assign some level of recording moved in a well oriented frequency M-sequences (sine wave with biological significance to a response. direction away from the source towards multiple phase reversals) playback, low Following is a summary of their scoring the deep water exit from the Tongue of frequency active sonar playback, drill system, a comprehensive list of the the Ocean (Tyack et al., 2011). In vessels, Acoustic Thermometry of behaviors associated with each score addition, different species of cetaceans Ocean Climate (ATOC) source, and non- exhibited different social behavioral pulse playbacks. These reports generally may be found in the report: responses towards (close) vessel indicate no (or very limited) responses • 0–3 (Minor and/or brief behaviors) presence and sonar signals, which elicit to received levels in the 90 to 120 dB includes, but is not limited to: No different, potentially tailored and re 1 mPa range and an increasing response; minor changes in speed or species-specific responses (Visser et al., likelihood of avoidance and other locomotion (but with no avoidance); 2011). behavioral effects in the 120 to 160 dB individual alert behavior; minor Much more qualitative information is range. As mentioned earlier, however, cessation in vocal behavior; minor available on the avoidance responses of contextual variables play a very changes in response to trained behaviors free-living cetaceans to other acoustic important role in the reported responses (in laboratory). sources, like seismic airguns and low- and the severity of effects are not linear • frequency active sonar, than mid- 4–6 (Behaviors with higher when compared to received level. Also, frequency active sonar. Richardson et potential to affect foraging, few of the laboratory or field datasets al., (1995) noted that avoidance reproduction, or survival) includes, but had common conditions, behavioral reactions are the most obvious is not limited to: Moderate changes in manifestations of disturbance in marine contexts or sound sources, so it is not speed, direction, or dive profile; brief mammals. surprising that responses differ. shift in group distribution; prolonged The reports that address responses of cessation or modification of vocal Behavioral Responses mid-frequency cetaceans to non-pulse behavior (duration > duration of sound); Southall et al., (2007) reports the sounds include data gathered both in minor or moderate individual and/or results of the efforts of a panel of experts the field and the laboratory and related group avoidance of sound; brief in acoustic research from behavioral, to several different sound sources (of cessation of reproductive behavior; or physiological, and physical disciplines varying similarity to HFAS/MFAS) refusal to initiate trained tasks (in that convened and reviewed the including: Pingers, drilling playbacks, laboratory). available literature on marine mammal vessel and ice-breaking noise, vessel • 7–9 (Behaviors considered likely to hearing and physiological and noise, Acoustic Harassment Devices affect the aforementioned vital rates) behavioral responses to man-made (AHDs), Acoustic Deterrent Devices includes, but are not limited to: sound with the goal of proposing (ADDs), HFAS/MFAS, and non-pulse Extensive of prolonged aggressive exposure criteria for certain effects. This bands and tones. Southall et al. were compilation of literature is very unable to come to a clear conclusion behavior; moderate, prolonged or valuable, though Southall et al. note regarding these reports. In some cases, significant separation of females and that not all data is equal, some have animals in the field showed significant dependent offspring with disruption of poor statistical power, insufficient responses to received levels between 90 acoustic reunion mechanisms; long-term controls, and/or limited information on and 120 dB, while in other cases these avoidance of an area; outright panic, received levels, background noise, and responses were not seen in the 120 to stampede, stranding; threatening or other potentially important contextual 150 dB range. The disparity in results attacking sound source (in laboratory). variables—such data were reviewed and was likely due to contextual variation In Table 2 we have summarized the sometimes used for qualitative and the differences between the results scores that Southall et al. (2007) illustration, but were not included in in the field and laboratory data (animals assigned to the papers that reported the quantitative analysis for the criteria responded at lower levels in the field). behavioral responses of low-frequency recommendations. The reports that address the responses cetaceans, mid-frequency cetaceans, and In the Southall et al., (2007) report, for of high-frequency cetaceans to non- high-frequency cetaceans to non-pulse the purposes of analyzing responses of pulse sounds include data gathered both sounds.

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TABLE 4—DATA COMPILED FROM THREE TABLES FROM SOUTHALL ET AL. (2007) INDICATING WHEN MARINE MAMMALS (LOW-FREQUENCY CETACEAN = L, MID-FREQUENCY CETACEAN = M, AND HIGH-FREQUENCY CETACEAN = H) WERE REPORTED AS HAVING A BEHAVIORAL RESPONSE OF THE INDICATED SEVERITY TO A NON-PULSE SOUND OF THE INDI- CATED RECEIVED LEVEL [As discussed in the text, responses are highly variable and context specific]

Received RMS Sound Pressure Level (dB re 1 microPa) Response score 80 to 90 to 100 to 110 to 120 to 130 to 140 to 150 to 160 to 170 to 180 to 190 to <90 <100 <110 <120 <130 <140 <150 <160 <170 <180 <190 <200

9 ...... 8 ...... M M ...... M ...... M ...... M M 7 ...... L L ...... 6 ...... H L/H L/H L/M/H L/M/H L L/H H M/H M ...... 5 ...... M ...... 4 ...... H L/M/H L/M ...... L ...... 3 ...... M L/M L/M M ...... 2 ...... L L/M L L L ...... 1 ...... M M M ...... 0 ...... L/H L/H L/M/H L/M/H L/M/H L M ...... M M

Potential Effects of Behavioral assess their distance from conspecifics, with geese in disturbed habitat (being Disturbance or to attend cues from prey (Bednekoff consistently scared off the fields on The different ways that marine and Lima, 1998; Treves, 2000). Despite which they were foraging), which did mammals respond to sound are those benefits, however, vigilance has a not gain mass and had a 17 percent sometimes indicators of the ultimate cost of time: When animals focus their reproductive success. Similar effect that exposure to a given stimulus attention on specific environmental reductions in reproductive success have will have on the well-being (survival, cues, they are not attending to other been reported for mule deer (Odocoileus reproduction, etc.) of an animal. There activities such a foraging. These costs hemionus) disturbed by all-terrain is little marine mammal data have been documented best in foraging vehicles (Yarmoloy et al., 1988), caribou quantitatively relating the exposure of animals, where vigilance has been disturbed by seismic exploration blasts marine mammals to sound to effects on shown to substantially reduce feeding (Bradshaw et al., 1998), caribou reproduction or survival, though data rates (Saino, 1994; Beauchamp and disturbed by low-elevation military exists for terrestrial species to which we Livoreil, 1997; Fritz et al., 2002). jetfights (Luick et al., 1996), and caribou can draw comparisons for marine Animals will spend more time being disturbed by low-elevation jet flights mammals. vigilant, which may translate to less (Harrington and Veitch, 1992). Attention is the cognitive process of time foraging or resting, when Similarly, a study of elk (Cervus selectively concentrating on one aspect disturbance stimuli approach them elaphus) that were disturbed of an animal’s environment while more directly, remain at closer experimentally by pedestrians ignoring other things (Posner, 1994). distances, have a greater group size (for concluded that the ratio of young to Because animals (including humans) example, multiple surface vessels), or mothers was inversely related to have limited cognitive resources, there when they co-occur with times that an disturbance rate (Phillips and is a limit to how much sensory animal perceives increased risk (for Alldredge, 2000). information they can process at any example, when they are giving birth or The primary mechanism by which time. The phenomenon called accompanied by a calf). Most of the increased vigilance and disturbance ‘‘attentional capture’’ occurs when a published literature, however, suggests appear to affect the fitness of individual stimulus (usually a stimulus that an that direct approaches will increase the animals is by disrupting an animal’s animal is not concentrating on or amount of time animals will dedicate to time budget and, as a result, reducing attending to) ‘‘captures’’ an animal’s being vigilant. For example, bighorn the time they might spend foraging and attention. This shift in attention can sheep and Dall’s sheep dedicated more resting (which increases an animal’s occur consciously or unconsciously (for time being vigilant, and less time resting activity rate and energy demand). For example, when an animal hears sounds or foraging, when aircraft made direct example, a study of grizzly bears (Ursus that it associates with the approach of approaches over them (Frid, 2001; horribilis) reported that bears disturbed a predator) and the shift in attention can Stockwell et al., 1991). by hikers reduced their energy intake by be sudden (Dukas, 2002; van Rij, 2007). Several authors have established that an average of 12 kcal/min (50.2 × 103kJ/ Once a stimulus has captured an long-term and intense disturbance min), and spent energy fleeing or acting animal’s attention, the animal can stimuli can cause population declines aggressively toward hikers (White et al., respond by ignoring the stimulus, by reducing the body condition of 1999). assuming a ‘‘watch and wait’’ posture, individuals that have been disturbed, On a related note, many animals or treat the stimulus as a disturbance followed by reduced reproductive perform vital functions, such as feeding, and respond accordingly, which success, reduced survival, or both (Daan resting, traveling, and socializing, on a includes scanning for the source of the et al., 1996; Madsen, 1994; White, diel cycle (24-hr cycle). Substantive stimulus or ‘‘vigilance’’ (Cowlishaw et 1983). For example, Madsen (1994) behavioral reactions to noise exposure al., 2004). reported that pink-footed geese (Anser (such as disruption of critical life Vigilance is normally an adaptive brachyrhynchus) in undisturbed habitat functions, displacement, or avoidance of behavior that helps animals determine gained body mass and had about a 46- important habitat) are more likely to be the presence or absence of predators, percent reproductive success compared significant if they last more than one

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diel cycle or recur on subsequent days research, development, test and practicable adverse impact on such (Southall et al., 2007). Consequently, a evaluation activities in the NSWC PCD species or stock and its habitat, paying behavioral response lasting less than study area contains a detailed particular attention to rookeries, mating one day and not recurring on discussion of the potential effects to fish grounds, and areas of similar subsequent days is not considered from HFAS/MFAS. These effects are the significance.’’ The National Defense particularly severe unless it could same as expected from the proposed Q– Authorization Act (NDAA) of 2004 directly affect reproduction or survival 20 sonar testing activities within the amended the MMPA as it relates to (Southall et al., 2007). same area. military-readiness activities and the ITA The extent of data, and particularly process such that ‘‘least practicable (5) Stranding and Mortality scientifically peer-reviewed data, on the adverse impact’’ shall include When a live or dead marine mammal effects of high intensity sounds on fish consideration of personnel safety, swims or floats onto shore and becomes is limited. In considering the available practicality of implementation, and ‘‘beached’’ or incapable of returning to literature, the vast majority of fish impact on the effectiveness of the sea, the event is termed a ‘‘stranding’’ species studied to date are hearing ‘‘military readiness activity.’’ The Q–20 (Geraci et al., 1999; Perrin and Geraci, generalists and cannot hear sounds sonar testing activities described in the 2002; Geraci and Lounsbury, 2005; above 500 to 1,500 Hz (depending upon Navy’s IHA application are considered NMFS, 2007). Marine mammals are the species), and, therefore, behavioral military readiness activities. known to strand for a variety of reasons, effects on these species from higher For the proposed Q–20 sonar testing such as infectious agents, biotoxicosis, frequency sounds are not likely. activities in the GOM, NMFS worked starvation, fishery interaction, ship Moreover, even those fish species that with the Navy to develop mitigation strike, unusual oceanographic or may hear above 1.5 kHz, such as a few measures. The following mitigation weather events, sound exposure, or sciaenids and the clupeids (and measures are required in the IHA issued combinations of these stressors relatives), have relatively poor hearing to the Navy to take marine mammals sustained concurrently or in series. above 1.5 kHz as compared to their incidental to its Q–20 testing activities. However, the cause or causes of most hearing sensitivity at lower frequencies. Personnel Training stranding are unknown (Geraci et al., Therefore, even among the species that 1976; Eaton, 1979, Odell et al., 1980; have hearing ranges that overlap with Marine mammal mitigation training Best, 1982). some mid- and high frequency sounds, for those who participate in the active Several sources have published lists it is likely that the fish will only sonar activities is a key element of the of mass stranding events of cetaceans actually hear the sounds if the fish and protective measures. The goal of this during attempts to identify relationships source are very close to one another. training is for key personnel onboard between those stranding events and Finally, since the vast majority of Navy platforms in the Q–20 Study Area military sonar (Hildebrand, 2004; IWC, sounds that are of biological relevance to understand the protective measures 2005; Taylor et al., 2004). For example, to fish are below 1 kHz (e.g., Zelick et and be competent to carry them out. The based on a review of stranding records al., 1999; Ladich and Popper, 2004), Marine Species Awareness Training between 1960 and 1995, the even if a fish detects a mid-or high (MSAT) is provided to all applicable International Whaling Commission frequency sound, these sounds will not participants, where appropriate. The (IWC, 2005) identified 10 mass mask detection of lower frequency program addresses environmental stranding events of Cuvier’s beaked biologically relevant sounds. Based on protection, laws governing the whales that had been reported and one the above information, there will likely protection of marine species, Navy mass stranding of four Baird’s beaked be few, if any, behavioral impacts on stewardship, and general observation whales (Berardius bairdii). The IWC fish. information including more detailed concluded that, out of eight stranding Alternatively, it is possible that very information for spotting marine events reported from the mid-1980s to intense mid- and high frequency signals mammals. Marine mammal observer the summer of 2003, seven had been could have a physical impact on fish, training will be provided before active associated with the use of mid- resulting in damage to the swim bladder sonar testing begins. frequency sonar, one of those seven had and other organ systems. However, even Marine observers would be aware of been associated with the use of low these kinds of effects have only been the specific actions to be taken based on frequency sonar, and the remaining shown in a few cases in response to the RDT&E platform if a marine stranding event had been associated explosives, and only when the fish has mammal is observed. Specifically, the with the use of seismic airguns. None of been very close to the source. Such following requirements for personnel the strandings has been associated with effects have never been indicated in training would apply: high frequency sonar such as the Q–20 response to any Navy sonar. Moreover, • All marine observers onboard sonar proposed to be tested in this at greater distances (the distance clearly platforms involved in the Q–20 sonar action. Therefore, NMFS does not would depend on the intensity of the test activities will review the NMFS- consider it likely that the proposed Q– signal from the source) there appears to approved MSAT material prior to use of 20 testing activity would cause marine be little or no impact on fish, and active sonar. mammals to strand. particularly no impact on fish that do • Marine Observers shall be trained not have a swim bladder or other air in marine mammal recognition. Marine Effects on Marine Mammal Habitat bubble that would be affected by rapid Observer training shall include There are no areas within the NSWC pressure changes. completion of the Marine Species PCD that are specifically considered as Awareness Training, instruction on important physical habitat for marine Mitigation Measures governing laws and policies, and mammals. In order to issue an incidental take overview of the specific Gulf of Mexico The prey of marine mammals are authorization (ITA) under Section species present, and observer roles and considered part of their habitat. The 101(a)(5)(D) of the MMPA, NMFS must responsibilities. Navy’s Final Environmental Impact set forth the ‘‘permissible methods of • Marine observers will be trained in Statement and Overseas Environmental taking pursuant to such activity, and the most effective means to ensure quick Impact Statement (FEIS) on the other means of effecting the least and effective communication within the

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command structure in order to facilitate Vision Goggles) to aid in the detection the Test Director any sightings of marine implementation of mitigation measures of marine mammals. mammals or indicators of these species, if marine species are spotted. • Navy aircraft participating will as described previously. Distance and conduct and maintain, when bearing will be provided when Range Operating Procedures operationally feasible, required, and available. Observers may recommend a The following procedures would be safe, surveillance for marine species of ‘‘Go’’/‘‘No Go’’ decision, but the final implemented to maximize the ability of concern as long as it does not violate decision will be the responsibility of the Navy personnel to recognize instances safety constraints or interfere with the Test Director. when marine mammals are in the accomplishment of primary operational Post-mission surveys will be vicinity. duties. conducted from the surface vessel(s) • Marine mammal detections by and aircraft used for pre-test surveys. (1) Observer Responsibilities aircraft will be immediately reported to Any affected marine species will be • Marine observers will have at least the Test Director. This action will occur documented and reported to NMFS. The one set of binoculars available for each when it is reasonable to conclude that report will include the date, time, person to aid in the detection of marine the course of the ship will likely close location, test activities, species (to the mammals. the distance between the ship and the lowest taxonomic level possible), • Marine observers will conduct detected marine mammal. behavior, and number of animals. monitoring for at least 15 minutes prior • Special conditions applicable for NMFS has carefully evaluated the to the initiation of and for at least 15 dolphins only: If, after conducting an Navy’s proposed mitigation measures minutes after the cessation of Q–20 initial maneuver to avoid close quarters and considered a range of other testing activities. with dolphins, the Test Director or the measures in the context of ensuring that • Marine observers will scan the Test Director’s designee concludes that NMFS prescribes the means of effecting water from the ship to the horizon and dolphins are deliberately closing to ride the least practicable adverse impact on be responsible for all observations in the vessel’s bow wave, no further the affected marine mammal species their sector. In searching the assigned mitigation actions are necessary while and stocks and their habitat. Our sector, the lookout will always start at the dolphins or porpoises continue to evaluation of potential measures the forward part of the sector and search exhibit bow wave riding behavior. included consideration of the following aft (toward the back). To search and • Sonar levels (generally)—Navy will factors in relation to one another: scan, the lookout will hold the operate sonar at the lowest practicable • The manner in which, and the binoculars steady so the horizon is in level, except as required to meet testing degree to which, the successful the top third of the field of vision and objectives. implementation of the measure is direct the eyes just below the horizon. Clearance Procedures expected to minimize adverse impacts The lookout will scan for approximately to marine mammals; five seconds in as many small steps as When the test platform (surface vessel • The proven or likely efficacy of the possible across the field seen through or aircraft) arrives at the test site, an specific measure to minimize adverse the binoculars. They will search the initial evaluation of environmental impacts as planned; and entire sector in approximately five- suitability will be made. This evaluation • The practicability of the measure degree steps, pausing between steps for will include an assessment of sea state for applicant implementation, including approximately five seconds to scan the and verification that the area is clear of consideration of personnel safety, field of view. At the end of the sector visually detectable marine mammals practicality of implementation, and search, the glasses will be lowered to and indicators of their presence. For impact on the effectiveness of the allow the eyes to rest for a few seconds, example, large flocks of birds and large military readiness activity. and then the lookout will search back schools of fish are considered indicators Based on careful evaluation and across the sector with the naked eye. of potential marine mammal presence. assessing these measures, we have • Observers will be responsible for If the initial evaluation indicates that determined that the mitigation measures informing the Test Director of any the area is clear, visual surveying will listed above provide the means of marine mammal that may need to be begin. The area will be visually effecting the least practicable adverse avoided, as warranted. surveyed for the presence of protected impacts on marine mammals species or • These procedures would apply as species and protected species stocks and their habitat, paying much as possible during RMMV indicators. Visual surveys will be particular attention to rookeries, mating operations. When an RMMV is conducted from the test platform before grounds, and areas of similar operating over the horizon, it is test activities begin. When the platform significance, while also considering impossible to follow and observe it is a surface vessel, no additional aerial personnel safety, practicality of during the entire path. An observer will surveys will be required. For surveys implementation, and impact on the be located on the support vessel or requiring only surface vessels, aerial effectiveness of the military readiness platform to observe the area when the surveys may be opportunistically activity. conducted by aircraft participating in system is undergoing a small track close Monitoring Measures to the support platform. the test. Shipboard monitoring will be staged In order to issue an ITA for an (2) Operating Procedures from the highest point possible on the activity, section 101(a)(5)(D) of the • Test Directors will, as appropriate vessel. The observer(s) will be MMPA states that NMFS must set forth to the event, make use of marine species experienced in shipboard surveys, ‘‘requirements pertaining to the detection cues and information to limit familiar with the marine life of the area, monitoring and reporting of such interaction with marine species to the and equipped with binoculars of taking.’’ The MMPA implementing maximum extent possible, consistent sufficient magnification. Each observer regulations at 50 CFR 216.104(a)(13) with the safety of the ship. will be provided with a two-way radio indicate that requests for LOAs must • During Q–20 sonar activities, that will be dedicated to the survey, and include the suggested means of personnel will utilize all available will have direct radio contact with the accomplishing the necessary monitoring sensor and optical system (such as Night Test Director. Observers will report to and reporting that will result in

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increased knowledge of the species and Species Act (ESA) listed species, such behavioral patterns are abandoned of the level of taking or impacts on primarily marine mammals within the or significantly altered [Level B populations of marine mammals that are Gulf of Mexico, including marine water Harassment]. expected to be present. areas of the Q–20 Study Area (DON, A thorough analysis of the types of The RDT&E Monitoring Program, 2009; NMFS, 2010d). This monitoring Level A and B harassments and the proposed by the Navy as part of its IHA plan was initially developed in support acoustic take criteria are provided in the application, is focused on mitigation- of the NSWC PCD Mission Activities Federal Register notice for the proposed based monitoring. Main monitoring Final Environmental Impact Statement/ IHA (77 FR 12010; February 28, 2012), techniques include use of civilian Overseas Environmental Impact and is not repeated here. Although personnel as marine mammal observers Statement and subsequent Final Rule by analyses earlier in the document show during pre-, during, and post-, test NMFS (DON, 2009; NMFS, 2010d). The that there are 22 species of marine events. primary goals of monitoring are to mammals are found present in the Systematic monitoring of the affected evaluate trends in marine species area for marine mammals will be distribution and abundance in order to vicinity of the proposed Q–20 testing conducted prior to, during, and after test assess potential population effects from area, due to the low density of many events using aerial and/or ship-based Navy training and testing events and species and the small zones of influence visual surveys. Observers will record determine the effectiveness of the resulted from the proposed sonar information during the test activity. Navy’s mitigation measures. The testing, only six species may be exposed Data recorded will include exercise monitoring plan, adjusted annually in to noise levels that constitute a ‘‘take’’. information (time, date, and location) consultation with NMFS, includes Based on the analysis and acoustical and marine mammal and/or indicator aerial- and ship-based visual modeling, which can be found in presence, species, number of animals, observations, acoustic monitoring, and Appendix A Supplemental Information their behavior, and whether there are other efforts such as oceanographic for Underwater Noise Analysis of the changes in the behavior. Personnel will observations. Navy’s IHA application, NSWC PCD’s immediately report observed stranded Q–20 sonar operations in non-territorial or injured marine mammals to NMFS Estimated Take by Incidental waters may expose up to six species to stranding response network and NMFS Harassment sound likely to result in Level B Regional Office. Reporting requirements As mentioned previously, with (behavioral) harassment (Table 1). They are included in the Naval Surface respect to military readiness activities, include the bottlenose dolphin Warfare Center Panama City Division Section 3(18)(B) of the MMPA defines (Tursiops truncatus), Atlantic spotted (NSWC PCD) Mission Activities Final ‘‘harassment’’ as: (i) Any act that injures dolphin (Stenella frontalis), pantropical Environmental Impact Statement/ or has the significant potential to injure spotted dolphin (Stenella attenuata), Overseas Environmental Impact a marine mammal or marine mammal striped dolphin (Stenella coeruleoalba), Statement Annual Activity report as stock in the wild [Level A Harassment]; spinner dolphin (Stenella longirostris), required by its Final Rule (DON, 2009; or (ii) any act that disturbs or is likely and Clymene dolphin (Stenella NMFS, 2010d). to disturb a marine mammal or marine clymene). No marine mammals would mammal stock in the wild by causing be exposed to levels of sound likely to Ongoing Monitoring disruption of natural behavioral result in TTS. The Navy requested that The Navy has an existing Monitoring patterns, including, but not limited to, the take numbers of marine mammals Plan that provides for site-specific migration, surfacing, nursing, breeding, for its IHA reflect the exposure numbers monitoring for MMPA and Endangered feeding, or sheltering, to a point where listed in Table 1.

TABLE 1—ESTIMATES OF MARINE MAMMAL EXPOSURES FROM SONAR IN NON-TERRITORIAL WATERS PER YEAR

Level B Marine mammal species Level A Level B (TTS) (behavioral)

Bottlenose dolphin (GOM oceanic) ...... 0 0 399 Pantropical spotted dolphin ...... 0 0 126 Atlantic spotted dolphin ...... 0 0 315 Spinner dolphin ...... 0 0 126 Clymene dolphin ...... 0 0 42 Striped dolphin ...... 0 0 42

Negligible Impact and Small Numbers level of the individual(s) and does not number of marine mammals that might Analysis and Determination assume any resulting population-level be ‘‘taken’’ through behavioral consequences, though there are known harassment, NMFS must consider other Pursuant to NMFS’ regulations avenues through which behavioral factors, such as the likely nature of any implementing the MMPA, an applicant disturbance of individuals can result in responses (their intensity, duration, is required to estimate the number of population-level effects. A negligible etc.), the context of any responses animals that will be ‘‘taken’’ by the impact finding is based on the lack of (critical reproductive time or location, specified activities (i.e., takes by harassment only, or takes by likely adverse effects on annual rates of migration, etc.), or any of the other harassment, injury, and/or death). This recruitment or survival (i.e., population- variables mentioned in the first estimate informs the analysis that NMFS level effects). An estimate of the number paragraph (if known), as well as the must perform to determine whether the of Level B harassment takes, alone, is number and nature of estimated Level A activity will have a ‘‘negligible impact’’ not enough information on which to takes, the number of estimated on the species or stock. Level B base an impact determination. In mortalities, and effects on habitat. (behavioral) harassment occurs at the addition to considering estimates of the

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The Navy’s specified activities have regulations and LOAs. Monitoring of effect smaller. Therefore, masking been described based on best estimates reports based on these major training effects from the Q–20 sonar signals are of the number of Q–20 sonar test hours exercises using military sonar have expected to be minimal. If masking or that the Navy will conduct. Taking the shown that no marine mammal injury or communication impairment were to above into account, considering the mortality has occurred as a result of the occur briefly, it would be in the sections discussed below, and sonar operations (DoN, 2011a; 2011b). frequency range of above 35 kHz (the dependent upon the implementation of lower limit of the Q–20 signals), which Diel Cycle the mitigation measures, NMFS has overlaps with some marine mammal determined that Navy’s Q–20 sonar test As noted previously, many animals vocalizations; however, it would likely activities in the non-territorial waters perform vital functions, such as feeding, not mask the entirety of any particular will have a negligible impact on the resting, traveling, and socializing on a vocalization or communication series marine mammal species and stocks diel cycle (24-hr cycle). Substantive because the pulse length, frequency, and present in the Q–20 Study Area. behavioral reactions to noise exposure duty cycle of the Q–20 sonar signal does (such as disruption of critical life not perfectly mimic the characteristics Behavioral Harassment functions, displacement, or avoidance of of any marine mammal’s vocalizations. As discussed in the Potential Effects important habitat) are more likely to be of Exposure of Marine Mammals to significant if they last more than one PTS, Injury, or Mortality Sonar section and illustrated in the diel cycle or recur on subsequent days Based on the Navy’s model and NMFS conceptual framework, marine (Southall et al., 2007). Consequently, a analysis, it is unlikely that PTS, injury, mammals can respond to HFAS/MFAS behavioral response lasting less than or mortality of marine mammals would in many different ways, a subset of one day and not recurring on occur from the proposed Q–20 sonar which qualifies as harassment. One subsequent days is not considered testing activities. As discussed earlier, thing that the take estimates do not take particularly severe unless it could the lower source level (207–212 dB re 1 into account is the fact that most marine directly affect reproduction or survival mPa at 1 m) and high attenuation rate of mammals will likely avoid strong sound (Southall et al., 2007). the HFAS signals (above 35 kHz) make sources to one extent or another. In the previous section, we discussed it highly unlikely that any marine Although an animal that avoids the the fact that potential behavioral mammals in the vicinity would be sound source will likely still be taken in responses to HFAS/MFAS that fall into injured (including PTS) or killed as a some instances (such as if the avoidance the category of harassment could range result of sonar exposure. results in a missed opportunity to feed, in severity. By definition, the takes by Based on the aforementioned interruption of reproductive behaviors, behavioral harassment involve the assessment, NMFS determines that etc.), in other cases avoidance may disturbance of a marine mammal or approximately 399 bottlenose dolphins, result in fewer instances of take than marine mammal stock in the wild by 126 pantropical spotted dolphins, 315 were estimated or in the takes resulting causing disruption of natural behavioral Atlantic spotted dolphins, 126 spinner from exposure to a lower received level patterns (such as migration, surfacing, dolphins, 42 Clymene dolphins, and 42 than was estimated, which could result nursing, breeding, feeding, or sheltering) striped dolphins would be affected by in a less severe response. The Navy to a point where such behavioral Level B behavioral harassment as a proposes only 420 hours of high- patterns are abandoned or significantly result of the proposed Q–20 sonar frequency sonar operations per year for altered. In addition, the amount of time testing activities. These numbers the Q–20 sonar testing activities, spread the Q–20 sonar testing will occur is 420 represent approximately 10.76%, among 42 days with an average of 10 hours per year in non-territorial waters, 0.37%, 1.26%, 6.33%, and 0.64% of hours per day, in the Q–20 Study Area. and is spread among 42 days with an bottlenose dolphins (GOM oceanic There will be no powerful tactical mid- average of 10 hours per day. Thus the stock), pantropical spotted dolphins, frequency sonar involved. Therefore, exposure is expected to be sporadic striped dolphins, spinner dolphins, and there will be no disturbance to marine throughout the year and is localized Clymene dolphins, respectively, of these mammals resulting from MFAS systems within a specific testing site. species in the GOM region (calculation (such as 53C). The effects that might be based on NMFS 2011 US Atlantic and expected from the Navy’s major training TTS Gulf of Mexico Marine Mammal Stock exercises at the Atlantic Fleet Active Based on the Navy’s model and NMFS Assessment). The percentage of Sonar Training (AFAST) Range, Hawaii analysis, it is unlikely that marine potentially affected Atlantic spotted Range Complex (HRC), and Southern mammals would be exposed to sonar dolphin is unknown since there is no California (SOCAL) Range Complex will received levels that could cause TTS current population assessment of this not occur here. The source level of the due to the lower source level (207–212 species in the Gulf of Mexico region. Q–20 sonar is much lower than the 53C dB re 1 mPa at 1 m) and high attenuation However, based on the most recent series MFAS system, and high rate of the HFAS signals (above 35 kHz). abundance estimate published in NMFS frequency signals tend to have more Atlantic and GOM SARs conducted in attenuation in the water column and are Acoustic Masking or Communication the northern Gulf of Mexico outer more prone to lose their energy during Impairment continental shelf during fall 2000–2001 propagation. Therefore, their zones of As discussed above, it is possible that and oceanic waters during spring/ influence are much smaller, thereby anthropogenic sound could result in summer 2003–2004, the population was making it easier to detect marine masking of marine mammal estimated at 37,611 (NMFS 2011). Using mammals and prevent adverse effects communication and navigation signals. this number, it is estimated that from occurring. However, masking only occurs during approximately 0.84% of Atlantic The Navy has been conducting the time of the signal (and potential spotted dolphins would be taken by monitoring activities since 2006 on its secondary arrivals of indirect rays), Level B behavioral harassment from the sonar operations in a variety of the versus TTS, which occurs continuously Navy’s proposed sonar test activities. Naval range complexes (e.g., AFAST, for its duration. The Q–20 ping duration The supporting analyses suggest that HRC, SOCAL) under the Navy’s own is in milliseconds and the system is no marine mammals will be killed, protective measures and under the relatively low-powered making its range injured, or receive TTS as a result of the

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Q–20 sonar testing activities, and no Dated: July 26, 2012. The comments will be available for more than a small number of any Helen M. Golde, public inspection on the USPTO’s Web affected species will be taken in the Acting Director, Office of Protected Resources, site at http://www.uspto.gov, and will form of short-term Level B behavioral National Marine Fisheries Service. also be available at the Office of the harassment. In addition, since these [FR Doc. 2012–20167 Filed 8–15–12; 8:45 am] Commissioner for Trademarks, Madison impacts will likely not occur in areas BILLING CODE 3510–22–P East, Tenth Floor, 600 Dulany Street, and times critical to reproduction, Alexandria, Virginia. Because comments NMFS has determined that the taking of will be made available for public these species as a result of the Navy’s DEPARTMENT OF COMMERCE inspection, information that is not Q–20 sonar test will have a negligible desired to be made public, such as an United States Patent and Trademark address or phone number, should not be impact on the marine mammal species Office and stocks present in the Q–20 Study included. Area. [Docket No. PTO–T–2012–0031] FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy Subsistence Harvest of Marine Request for Comments Regarding Commissioner for Trademark Mammals Amending the First Filing Deadline for Examination Policy, at (571) 272–8742. Affidavits or Declarations of Use or SUPPLEMENTARY INFORMATION: A Section NMFS has determined that the total Excusable Nonuse 8 or 71 affidavit of continued use is a taking of marine mammal species or sworn statement that the mark is in use stocks from the Navy’s Q–20 sonar AGENCY: United States Patent and Trademark Office, Commerce. in commerce, filed by the owner of a testing in the Q–20 Study Area would registration. If the owner is claiming ACTION: not have an unmitigable adverse impact Request for comments. excusable nonuse of the mark, a Section on the availability of the affected SUMMARY: To further ensure the 8 or 71 affidavit of excusable nonuse species or stocks for subsistence uses, accuracy of the trademark register, the may be filed. The purpose of the Section since there are no such uses in the United States Patent and Trademark 8 or 71 affidavit is to ensure the specified area. Office (‘‘USPTO’’) is seeking public accuracy of the trademark register by Endangered Species Act (ESA) comment on a potential legislative removing ‘‘deadwood,’’ or marks no change to amend the first filing deadline longer in use, from the register. Based on the analysis of the Navy for Affidavits or Declarations of Use or In the interest of ensuring that Marine Resources Assessment (MRA) Excusable Nonuse under Sections 8 and registered marks are actually in use in data on marine mammal distributions, 71 of the Trademark Act from between commerce, the USPTO is exploring there is near zero probability that sperm the fifth and sixth years after the whether or not there would be a benefit whale will occur in the vicinity of the registration date, or the six-month grace in shortening the first filing deadline for Q–20 test area. No other ESA-listed period that follows, to between the third Affidavits or Declarations of Use or marine mammal is expected to occur in and fourth years after the registration Excusable Nonuse under Sections 8 and 71 of the Trademark Act (15 U.S.C. the vicinity of the test area. In addition, date, or the six-month grace period that 1058, 1141k). Therefore, the USPTO is acoustic modeling analysis indicates the follows. The change would require Congress to amend the Trademark Act, providing the public, including user ESA-listed sperm whale would not be groups, with an opportunity to comment exposed to levels of sound constituting and the USPTO is interested in receiving public input on whether and on the idea of a statutory change to a ‘‘take’’ under the MMPA, due to the shorten the first filing deadline from low source level and high attenuation why such an amendment is or is not favored. between the fifth and sixth years after rates of the Q–20 sonar signal. the registration date, or the six-month Therefore, NMFS has determined that DATES: Written comments must be grace period that follows, to between the ESA-listed species will not be affected received on or before October 15, 2012. third and fourth years after the as the result of the Navy’s Q–20 testing ADDRESSES: The USPTO prefers that registration date, or the six-month grace activities. comments be submitted via electronic period that follows. Such a change mail message to would necessitate a legislative National Environmental Policy Act [email protected]. Written amendment of the Trademark Act, and (NEPA) comments may also be submitted by thus is beyond the authority of the In 2009, the Navy prepared a Final mail to Commissioner for Trademarks, USPTO, but the USPTO wishes to Environmental Impact Statement/ P.O. Box 1451, Alexandria, VA 22313– collect public comment that might assist Overseas Environmental Impact 1451, attention Cynthia C. Lynch; by in the consideration of such an Statement for the NSWC PCD Mission hand delivery to the Trademark amendment, or another alternative. Activities (FEIS/OEIS), and NMFS Assistance Center, Concourse Level, The accuracy of the trademark register James Madison Building-East Wing, 600 as a reflection of marks that are actually subsequently adopted the FEIS/OEIS for Dulany Street, Alexandria, Virginia, in use in the United States for the its rule governing the Navy’s RDT&E attention Cynthia C. Lynch; or by goods/services identified in the activities in the NSWC PCD Study Area. electronic mail message via the Federal registration serves an important purpose The currently proposed Q–20 sonar eRulemaking Portal. See the Federal for the public. Members of the public testing activities are similar to the sonar eRulemaking Portal Web site (http:// rely on the register to clear trademarks testing activities described in the FEIS/ www.regulations.gov) for additional that they may wish to adopt or are OEIS for NSWC PCD mission activities. instructions on providing comments via already using. When a party searching NMFS prepared an Environmental the Federal eRulemaking Portal. All the register uncovers a similar mark, Assessment analyzing the potential comments submitted directly to the registered for goods or services that may impacts of the additional Q–20 sonar Office or provided on the Federal be related to the searching party’s goods test activities and reached a finding of eRulemaking Portal should include the or services, that party may incur a no significant impact. docket number (PTO–T–2012–0031). variety of resulting costs and burdens in

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assessing and addressing potential more accurate register, where deadwood DATES: Written comments must be consumer confusion. Such costs and is removed several years sooner. received on or before October 15, 2012. burdens may include changing its mark, Please consider responding to the ADDRESSES: The USPTO prefers that investigative costs to determine the following questions in your comments: comments be submitted via electronic (1) Is ‘‘deadwood’’ on the trademark nature and extent of use of the similar mail message to register a concern of yours, and what mark and to assess whether any conflict [email protected]. Written exists, or cancellation proceedings or impact do you believe it has? (2) Do you favor or oppose an comments may also be submitted by other litigation to resolve a dispute over mail to Commissioner for Trademarks, the mark. If a registered mark is not amendment to shorten the first filing deadline for Affidavits or Declarations P.O. Box 1451, Alexandria, VA 22313– actually in use in the United States, or 1451, attention Cynthia C. Lynch; by is not in use on all the goods/services of Use or Excusable Nonuse under Sections 8 and 71 as a means of hand delivery to the Trademark recited in the registration, these costs Assistance Center, Concourse Level, and burdens may be incurred ensuring the accuracy of the trademark register? (Please explain why.) James Madison Building-East Wing, 600 unnecessarily. Thus, improving the Dulany Street, Alexandria, Virginia, accuracy and reliability of the trademark (3) If you favor shortening the attention Cynthia C. Lynch; or by register helps reduce such costs and deadline, what time period do you electronic mail message via the Federal burdens, and thereby benefits the believe would be most appropriate for eRulemaking Portal. See the Federal public. the first filing deadline? The current requirement to file an (4) Are you concerned that an eRulemaking Portal Web site (http:// affidavit of use or excusable nonuse amendment to the first Section 8 and 71 www.regulations.gov) for additional during the fifth year after registration affidavit deadline would foreclose the instructions on providing comments via developed in 1939. Reasons for adding ability to combine the filing with the the Federal eRulemaking Portal. All the requirement included removing filing of an Affidavit or Declaration of comments submitted directly to the deadwood from the register, showing Incontestability under Section 15? What Office or provided on the Federal that a mark was still in use at the time impact do you believe separating these eRulemaking Portal should include the it became incontestable, and to filings would have? docket number (PTO–T–2012–0029). correspond to English law. See Trade- While the USPTO welcomes and The comments will be available for Marks: Hearings on H.R. 4744 Before the values all comments from the public in public inspection on the USPTO’s Web Subcomm. on Trademarks of the H. response to this request, these site at http://www.uspto.gov, and will Comm. on Patents, 76th Cong. 72–74 comments do not bind the USPTO to also be available at the Office of the (1939). any further actions related to the Commissioner for Trademarks, Madison For marks registered under Section comments. Persons submitting written East, Tenth Floor, 600 Dulany Street, 44(e) (15 U.S.C. 1126(e)) or Section 66(a) comments should note that the USPTO Alexandria, Virginia. Because comments (15 U.S.C. 1141f(a)) of the Trademark will not provide ‘‘comment and will be made available for public Act, no specimen of use in commerce in response’’ analysis, since notice and inspection, information that is not the United States is required prior to opportunity for public comment are not desired to be made public, such as an registration. In addition, recent research required for this notice under 5 U.S.C. address or phone number, should not be indicates that a significantly higher 553(b) or any other law. included. percentage of businesses fail during the Dated: August 10, 2012. FOR FURTHER INFORMATION CONTACT: first two years after their establishment David J. Kappos, Cynthia C. Lynch, Office of the Deputy than during the three years that follow. Commissioner for Trademark See SBA Office of Advocacy, Frequently Under Secretary of Commerce for Intellectual Property and Director of the United States Examination Policy, at (571) 272–8742. Asked Questions (Jan. 2011), http:// Patent and Trademark Office. SUPPLEMENTARY INFORMATION: The www.sba.gov/sites/default/files/ [FR Doc. 2012–20130 Filed 8–15–12; 8:45 am] USPTO is providing the public, sbfaq.pdf. Thus, use of marks registered by such failed businesses may have BILLING CODE 3510–16–P including user groups, with an ceased long before the first Section 8 or opportunity to comment on possible adjustments to trademark application 71 affidavit is currently required to be DEPARTMENT OF COMMERCE filed. Therefore, the proposed fees. In particular, the USPTO is considering adjusting filing fees to amendment would help ensure the Patent and Trademark Office accuracy of the trademark register by incentivize complete electronic more promptly cancelling marks that are [Docket No. PTO–T–2012–0029] communications by reducing the TEAS not in use. Plus filing fee and by providing a The USPTO notes that shortening the Notice of Inquiry Regarding discount on applications filed using the first filing deadline for Affidavits or Adjustment of Fees for Trademark regular TEAS application form, if the Declarations of Use or Excusable Applications applicant authorizes email communication and agrees to file all Nonuse under Sections 8 and 71 would AGENCY: United States Patent and responses and other documents foreclose the ability that currently exists Trademark Office, Commerce. electronically during the prosecution of to combine the filing of an Affidavit or ACTION: Notice of inquiry. Declaration of Incontestability under the application. The USPTO is also Section 15 of the Trademark Act with SUMMARY: The United States Patent and contemplating increasing the fee for the first-filed Section 8 or 71 affidavit Trademark Office (‘‘USPTO’’ or paper applications to more accurately (see 15 U.S.C. 1065). However, the ‘‘Office’’) is considering adjusting reflect the higher cost of processing Section 15 affidavit is optional, and it is trademark application filing fees so as to such filings. often filed independently of the Section promote efficiency for the USPTO and Please consider responding to the 8 or 71 affidavit. Moreover, any impact customers by incentivizing complete following questions in your comments: on the ability to file it in combination electronic communication. The USPTO 1. Fees for filing an application for with a Section 8 or 71 affidavit should invites the public to submit comments registration of a trademark are currently be considered within the context of a regarding such possible adjustments. set at:

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$375 per class for filing by a paper this notice under 5 U.S.C. 553(b) or any organizations, academia, and application; other law. government. The roundtable also is $325 per class for filing electronically Once the USPTO receives comments, open for any member of the public to using TEAS; the USPTO will decide whether to provide input. $275 per class for filing electronically propose a change in the fees. If the DATES: The roundtable will be held on using TEAS Plus (additional USPTO decides to propose a fee change, Thursday, September 6, 2012, beginning requirements apply, including the Office will provide an opportunity at 1:30 p.m. Eastern Daylight Time authorizing email communication from for public comment in a Notice of (EDT), and ending at 4:30 p.m. EDT. the USPTO, agreeing to file all Proposed Rulemaking. The USPTO The deadline for receipt of written subsequent documents electronically, would intend to use the procedures set comments in response to the notice of and selecting goods/services from a pre- forth in Section 10 of the Leahy-Smith proposed rulemaking and notice of approved entry in the U.S. Acceptable America Invents Act (‘‘AIA’’) for these proposed examination guidelines to Identification of Goods and Services possible fee changes. Leahy-Smith implement the first-inventor-to-file Manual). America Invents Act, Public Law 112– provisions of the AIA is October 5, Given the objective to increase end-to- 29, § 10, 125 Stat. 284, 316–17 (2011). 2012. end electronic processing of trademark Those Section 10 procedures include: applications, the significantly higher providing any proposed fee to the ADDRESSES: The roundtable will be held cost of processing paper applications, Trademark Public Advisory Committee at the USPTO in the Madison and the ability of the USPTO to offer (‘‘TPAC’’) prior to issuing a Notice of Auditorium on the concourse level of some fee reductions, what fee amounts Proposed Rulemaking; providing at least the Madison Building, which is located would you consider reasonable for the 30 days for TPAC to deliberate, at 600 Dulany Street, Alexandria, three existing methods of filing? consider, and comment on such Virginia 22314. 2. How much of a discount do you proposal; holding a public hearing Comments on the notice of proposed consider appropriate for the proposed relating to such proposal; and making rulemaking should be sent by electronic TEAS application fee discount if the mail message over the Internet available a written report from TPAC _ applicant authorizes email setting forth their comments, advice, addressed to: fitf [email protected]. communication and agrees to file all and recommendations, which the Comments may also be submitted by responses and other documents USPTO shall consider before setting or postal mail addressed to: Mail Stop electronically during the prosecution of adjusting fees. See AIA § 10(d). Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA the application? Dated: August 10, 2012. 3. If you generally file trademark 22313–1450, marked to the attention of applications using TEAS, but not TEAS David J. Kappos, Susy Tsang-Foster, Legal Advisor, Office Plus, how much of a proposed discount Under Secretary of Commerce for Intellectual of Patent Legal Administration. Property and Director of the United States Comments on the proposed would motivate you to authorize email Patent and Trademark Office. communication and agree to file all examination guidelines should be sent responses and other documents [FR Doc. 2012–20127 Filed 8–15–12; 8:45 am] by electronic mail message over the electronically during the prosecution of BILLING CODE 3510–16–P Internet addressed to: a trademark application? [email protected]. Comments 4. If the TEAS Plus fee were reduced may also be submitted by mail DEPARTMENT OF COMMERCE and remained the lowest fee, and the addressed to: Mail Stop Comments— discount TEAS option were also offered, United States Patent and Trademark Patents, Commissioner for Patents, P.O. what would be the impact on the TEAS Office Box 1450, Alexandria, VA 22313–1450, Plus filing level—i.e. would you be marked to the attention of Mary C. Till, more likely to choose TEAS Plus as the [Docket No. PTO–P–2012–0033] Senior Legal Advisor, Office of Patent lowest fee, or to select the discount Legal Administration, Office of the Notice of Roundtable on the TEAS option with its less burdensome Deputy Commissioner for Patent Implementation of the First Inventor to requirements? Examination Policy. File Provisions of the Leahy-Smith 5. The cost of processing paper filed Comments on the notice of proposed America Invents Act applications is substantially higher than rulemaking and the proposed electronically filed applications. If you AGENCY: United States Patent and examination guidelines may also be sent generally file paper trademark Trademark Office, Commerce. by electronic mail message over the applications, would you continue to do ACTION: Notice of public meeting. Internet via the Federal eRulemaking so even if the paper application fee were Portal. See the Federal eRulemaking to increase, and why? SUMMARY: The United States Patent and Portal Web site (http:// 6. What advantages and disadvantages Trademark Office (USPTO) published a www.regulations.gov) for additional do you see in a fee structure that notice of proposed rulemaking and a instructions on providing comments via includes the TEAS application fee notice of proposed examination the Federal eRulemaking Portal. discount and a significantly higher fee guidelines to implement the first- Although comments may be for paper-filed applications? inventor-to-file provisions of the Leahy- submitted by postal mail, the Office While the USPTO welcomes and Smith America Invents Act (AIA). The prefers to receive comments by values all comments from the public in USPTO plans to conduct a roundtable to electronic mail message over the response to this notice, these comments obtain public input from organizations Internet because sharing comments with do not bind the USPTO to any further and individuals on issues relating to the the public is more easily accomplished. actions related to the comments. USPTO’s proposed implementation of Electronic comments are preferred to be Persons submitting written comments the first-inventor-to-file provisions of submitted in plain text, but also may be should note that the USPTO will not the AIA. The USPTO plans to invite a submitted in ADOBE® portable provide ‘‘comment and response’’ number of roundtable participants from document format or MICROSOFT analysis, since notice and opportunity among patent user groups, practitioners, WORD® format. Comments not for public comment are not required for industry, independent inventor submitted electronically should be

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submitted on paper in a format that the Office’s interpretation of 35 U.S.C. concerning each proposed collection of facilitates convenient digital scanning 102 and 103 as amended by the AIA, information and to allow 60 days for into ADOBE® portable document and advise the public and the Patent public comment. The Commission format. Examining Corps on how the changes to recently adopted a final rule and The comments will be available for 35 U.S.C. 102 and 103 in the AIA interpretations, as required by the Dodd- public inspection at the Office of the impact the provisions of the Manual of Frank Wall Street Reform and Consumer Commissioner for Patents, currently Patent Examining Procedure (MPEP) Protection Act (‘‘Dodd-Frank Act’’), located in Madison East, Tenth Floor, pertaining to 35 U.S.C. 102 and 103. requiring that oral book-out agreements 600 Dulany Street, Alexandria, Virginia. As a part of the implementation of the must be followed in a commercially Comments also will be available for AIA, the USPTO is conducting a reasonable timeframe by a confirmation viewing via the Office’s Internet Web roundtable at the USPTO to obtain in some type of written or electronic site (http://www.uspto.gov). Because public input from organizations and form. This notice solicits comments on comments will be made available for individuals on issues relating to the the recordkeeping requirement that is public inspection, information that the USPTO’s implementation of the first- embedded in the final interpretation’s submitter does not desire to make inventor-to-file provisions of the AIA. reporting requirement. public, such as an address or phone The USPTO plans to invite participants DATES: Comments must be submitted on number, should not be included in the from patent user groups, practitioners, or before October 15, 2012. comments. industry, independent inventor ADDRESSES: You may submit comments, FOR FURTHER INFORMATION CONTACT: organizations, academia, and government to provide input. The regarding the burden estimated or any Janet Gongola, Patent Reform other aspect of the information Coordinator, by telephone at (571) 272– roundtable likewise is open to any member of the public to provide input. collection, including suggestions for 8734, or by electronic mail message at reducing the burden, by any of the [email protected]. The USPTO will provide an agenda prior to the roundtable in order to focus following methods: SUPPLEMENTARY INFORMATION: • The AIA the discussion and enhance the Office of Information and was enacted into law on September 16, efficiency of the proceedings. The Regulatory Affairs, Office of 2011. Public Law 112–29, 125 Stat. 284 agenda will be posted on the USPTO’s Management and Budget, Attention: (2011). Section 3 of the AIA amends the Internet Web site at www.uspto.gov/ Desk Officer for CFTC, 725 17th Street, patent laws to: (1) Convert the United AmericaInventsAct. The USPTO plans Washington, DC 20503. States patent system from a ‘‘first to to make the roundtable available via Comments may also be submitted by invent’’ system to a ‘‘first inventor to Web cast. Web cast information will be any of the following methods: • file’’ system; (2) eliminate the available before the roundtable on the The Agency’s Web site, at http:// requirement that a prior public use or USPTO’s Internet Web site at comments.cftc.gov/. Follow the sale activity be ‘‘in this country’’ to be www.uspto.gov/AmericaInventsAct. instructions for submitting comments a prior art activity; (3) treat U.S. patents through the Web site. and U.S. patent application publications Dated: August 3, 2012. • Mail: David A. Stawick, Secretary of as prior art as of their earliest effective David J. Kappos, the Commission, Commodity Futures filing date, regardless of whether the Under Secretary of Commerce for Intellectual Trading Commission, Three Lafayette earliest effective filing date is based Property and Director of the United States Centre, 1155 21st Street NW., upon an application filed in the U.S. or Patent and Trademark Office. Washington, DC 20581. in another country; and (4) treat [FR Doc. 2012–20239 Filed 8–15–12; 8:45 am] • Hand Delivery/Courier: Same as commonly owned patents and patent BILLING CODE 3510–16–P mail above. application publications, or those • Federal eRulemaking Portal: http:// resulting from a joint research www.regulations.gov. agreement, as being by the same COMMODITY FUTURES TRADING Please submit your comments using inventive entity for purposes of 35 COMMISSION only one method. U.S.C. 102 and 103. The changes in All comments must be submitted in section 3 of the AIA take effect on Agency Information Collection English, or if not, accompanied by an March 16, 2013. Activities; Proposed Collection, English translation. Comments will be The USPTO published a notice of Comment Request: Further Definition posted as received to www.cftc.gov. If proposed rulemaking and notice of of ‘‘Swap,’’ ‘‘Security-Based Swap,’’ you wish the Commission to consider proposed examination guidelines on and ‘‘Security-Based Swap information that you believe is exempt July 26, 2012, to implement the first- Agreement’’; Mixed Swaps; Security- from disclosure under the Freedom of inventor-to-file provisions of the AIA. Based Swap Agreement Information Act, a petition for See Changes to Implement the First Recordkeeping: Book-out Agreement confidential treatment of the exempt Inventor to File Provisions of the Leahy- Confirmation information may be submitted according Smith America Invents Act, 77 FR AGENCY: Commodity Futures Trading to the procedures established in § 145.9 1 43742 (July 26, 2012), and Examination Commission. of the Commission’s regulations. Guidelines for Implementing the First- ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Inventor-to-File Provisions of the Leahy- Julian E. Hammar, Assistant General Smith America Invents Act, 77 FR SUMMARY: The Commodity Futures Counsel, at 202–418–5118, 43759 (July 26, 2012). The notice of Trading Commission (‘‘Commission’’ or [email protected]; Lee Ann Duffy, proposed rulemaking proposes changes ‘‘CFTC’’) is announcing an opportunity Assistant General Counsel, at 202–418– to the rules of practice in title 37 of the for public comment on the proposed 6763, [email protected]; or David E. Aron, Code of Federal Regulations (CFR) for collection of certain information by the Counsel, at 202–418–6621, consistency with, and to address the agency. Under the Paperwork Reduction [email protected], Office of General examination issues raised by, the Act (‘‘PRA’’), 44 U.S.C. 3501 et seq., Counsel, Commodity Futures Trading changes in section 3 of the AIA. The Federal agencies are required to publish proposed examination guidelines set out notice in the Federal Register 1 See 17 CFR 145.9.

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Commission, Three Lafayette Centre, rules and interpretations under the included in the Adopting Release 1155 21st Street NW., Washington, DC Commodity Exchange Act (‘‘CEA’’) and clarified that an oral book-out agreement 20581. the Securities Exchange Act of 1934 must be followed in a commercially SUPPLEMENTARY INFORMATION: Under the (‘‘Exchange Act’’) to further define the reasonable timeframe by a confirmation PRA, Federal agencies must obtain terms ‘‘swap,’’ ‘‘security-based swap,’’ in some type of written or electronic approval from the Office of Management and ‘‘security-based swap agreement’’ form. If a party to a contract elects to and Budget (‘‘OMB’’) for each collection (collectively, ‘‘Product Definitions’’); enter into such a book-out agreement, of information they conduct or sponsor. regarding ‘‘mixed swaps;’’ and the collection of information would be ‘‘Collection of Information’’ is defined governing books and records with mandatory to qualify for the Brent in 44 U.S.C. 3502(3) and 5 CFR 1320.3 respect to ‘‘security-based swap Interpretation Safe Harbor. If the and includes agency requests or agreements’’ (collectively, ‘‘Adopting 2 Commission obtains information requirements that members of the public Release’’). required to be kept through this submit reports, keep records, or provide In the Adopting Release, the CFTC collection, it would protect proprietary information to a third party. Section clarified that its ‘‘Brent Interpretation’’ information in accordance with the 3506(c)(2)(A) of the PRA, 44 U.S.C. regarding book-outs developed in Freedom of Information Act and 17 CFR 3506(c)(2)(A), requires Federal agencies connection with the forward exclusion part 145, ‘‘Commission Records and to provide a 60-day notice in the from futures applies to the forward Information.’’ In addition, Section Federal Register concerning each exclusion from the swap definition as 8(a)(1) of the CEA strictly prohibits the proposed collection of information well. As noted in the Adopting Release, before submitting the collection to OMB the issue of book-outs first arose in 1990 Commission, unless specifically for approval. An agency may not in the CFTC’s Brent Interpretation. authorized by the CEA, from making conduct or sponsor, and a person is not Citing to the Brent Interpretation’s public ‘‘data and information that required to respond to, a collection of description of book-outs, the Adopting would separately disclose the business information unless it displays a Release stated: transactions or market positions of any currently valid control number. To person and trade secrets or names of It is noteworthy that while such [book-out] comply with this requirement, the CFTC 4 agreements may extinguish a party’s delivery customers.’’ The Commission is also is publishing the notice of the proposed obligation, they are separate, individually required to protect certain information collection of information listed below. negotiated, new agreements, there is no contained in a government system of Abstract: In accordance with section obligation or arrangement to enter into such records according to the Privacy Act of 712(a)(8), section 712(d)(1), sections agreements, they are not provided for by the 1974, 5 U.S.C. 552a. 712(d)(2)(B) and (C), sections 721(b) and terms of the contracts as initially entered (c), and section 761(b) of the Dodd- into, and any party that is in a position in Burden Statement: The respondent Frank Act, on July 10, 2012, the a distribution chain that provides for the burden for this collection is estimated to Commodity Futures Trading opportunity to book-out with another party be 10 minutes per response. This Commission (‘‘CFTC’’) and the or parties in the chain is nevertheless entitled estimate includes the time to prepare Securities and Exchange Commission to require delivery of the commodity to be the written or electronic confirmation to (‘‘SEC’’) (collectively, ‘‘Commissions’’), made through it, as required under the an oral book-out agreement. The contracts.3 in consultation with the Board of Commission estimates the average Governors of the Federal Reserve In response to a comment to the burden of this collection of information System (‘‘Board’’), jointly adopted new proposed rule, the interpretation as follows:

ESTIMATED ANNUAL REPORTING BURDEN HOURS

Annual num- Frequency of 17 CFR ber of re- response per Hours per response Total annual Total hours cost spondents respondent and cost responses

17 CFR Part 1 ...... 30,000 On occasion, 1–2 an- 10 minutes per re- 45,000, (average of 7,470 (average of nually. sponse (.166 hour), 1–2 annually for a 5,000–10,000 total at $16.60 per re- total of 30,000– hours annually; 6 sponse.5 60,000 annually). $747,000, based on $100/hour.7

Respondents/Affected Entities: Estimated average number of Estimated total average annual 30,000. responses: 45,000 [1–2 annually for a burden on respondents: 7,470 [5,000– total of 30,000–60,000 annually] 10,000] hours.

2 77 FR 48207, August 13, 2012 (‘‘Product the wage rate for Chief Compliance Officers under Management & Professional Earnings in the Definitions’’). the Derivatives Clearing Organization final rules Securities Industry—2010’’ estimates the average 3 Statutory Interpretation Concerning Forward (See 76 FR 69344, 69428). As the Commission wage of a compliance attorney and a compliance Transactions, 55 FR 39188, 39192 Sept. 25, 1990, explained in the Internal Business Conduct staffer in the U.S. at only $46.31 per hour. As in (‘‘Brent Interpretation’’). Standards final rule, the estimate of $100 per hour those rules, the Commission is using a $100 per was based on recent Bureau of Labor Statistics 4 7 U.S.C. 12(a)(1). hour wage rate in calculating the cost burdens findings, including the mean hourly wage of an 5 × × imposed by this collection of information and Cost per response: .166 $100, Average: 1.5 employee under occupation code 23–1011, × requests comment on the accuracy of its estimate. .166 $100. The Commission estimates that entities ‘‘Lawyers,’’ that is employed by the ‘‘Securities and 6 Total number of hours arrived by multiplying will spend $100 per hour. The $100 per hour Commodity Contracts Intermediation and Brokerage estimate was used as the average hourly wage rate the average number of responses, [(30,000 + Industry,’’ which is $82.22. The mean hourly wage × in the PRA section of the Internal Business Conduct of an employee under occupation code 11–3031, 60,000)/2] .166 minutes = 7,470 hours. 7 × Standards for Swap Dealers and Major Swap ‘‘Financial Manager,’’ in the same industry is 7,470 hours $100 per hour = $747,000. Participants final rule (See 77 FR 20128, 20194) and $74.41. Additionally, SIFMA’s ‘‘Report on

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Frequency of collection: Occasionally, • Ways to minimize the burden of ACTION: Notice. 1–2 annually. collection of information on those who Average total cost: $747,000. are to respond, including through the SUMMARY: The Department of Defense is There are no capital costs or operating use of appropriate automated electronic, publishing the unclassified text of a and maintenance costs associated with mechanical, or other technological section 36(b)(1) arms sales notification. this collection. The Commission collection techniques or other forms of This is published to fulfill the believes that, as part of customary and information technology; e.g., permitting requirements of section 155 of Public usual business practices, most electronic submission of responses. Law 104–164 dated July 21, 1996. respondents already create and store Dated: August 13, 2012. book-out agreements in either a written FOR FURTHER INFORMATION CONTACT: Ms. Sauntia Warfield, or electronic format. B. English, DSCA/DBO/CFM, (703) 601– The Commission invites comments Assistant Secretary of the Commission. 3740. on: [FR Doc. 2012–20123 Filed 8–15–12; 8:45 am] The following is a copy of a letter to • Whether the proposed collection of BILLING CODE P information is necessary for the proper the Speaker of the House of performance of the functions of the Representatives, Transmittals 12–38 Commission, including whether the with attached transmittal, and policy information will have a practical use; DEPARTMENT OF DEFENSE justification. • The accuracy of the Commission’s Dated: August 10, 2012. estimate of the burden of the proposed Office of the Secretary Aaron Siegel, collection of information, including the [Transmittal Nos. 12–38] validity of the methodology and Alternate OSD Federal Register Liaison Officer, Department of Defense. assumptions used; 36(b)(1) Arms Sales Notification • Ways to enhance the quality, BILLING CODE 5001–06–P usefulness, and clarity of the AGENCY: Defense Security Cooperation information to be collected; and Agency, Department of Defense.

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BILLING CODE 5001–06–C (iii) Description and Quantity or Defense Services Proposed to be Sold: Transmittal No. 12–38 Quantities of Articles or Services under None Consideration for Purchase: 2 spare (viii) Date Report Delivered to Notice of Proposed Issuance of Letter of F117–PW–100 engines in support of the Congress: 31 July 2012 Offer Pursuant to Section 36(b)(1) of the UAE C–17 GLOBEMASTER III aircraft. Arms Export Control Act, as amended * as defined in Section 47(6) of the (iv) Military Department: Air Force Arms Export Control Act. (QAC Amendment 2) (i) Prospective Purchaser: United Arab POLICY JUSTIFICATION Emirates (UAE) (v) Prior Related Cases, if any: FMS case QAC-$285M–20Jan11 United Arab Emirates—F117–PW–100 (ii) Total Estimated Value: Engines Major Defense Equipment* $35 million (vi) Sales Commission, Fee, etc., Paid, Other ...... $0 million Offered, or Agreed to be Paid: None The Government of the United Arab (vii) Sensitivity of Technology Emirates (UAE) has requested a Total ...... $35 million Contained in the Defense Article or proposed sale of 2 spare F117–PW–100

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engines in support of the UAE C–17 The prime contractor will be Pratt and ACTION: Notice. GLOBEMASTER III aircraft. The Whitney in East Hartford, Connecticut. estimated cost is $35 million. There are no known offset agreements SUMMARY: The Department of Defense is The proposed sale will contribute to proposed in connection with this publishing the unclassified text of a the foreign policy and national security potential sale. section 36(b)(1) arms sales notification. of the United States by helping to Implementation of this proposed sale This is published to fulfill the improve the security of a friendly will not require the assignment of any requirements of section 155 of Public country that has been, and continues to additional U.S. Government or Law 104–164 dated July 21, 1996. be, an important force for political contractor representatives to the UAE. stability and economic progress in the There will be no adverse impact on FOR FURTHER INFORMATION CONTACT: Ms. Middle East. U.S. defense readiness as a result of this B. English, DSCA/DBO/CFM, (703) 601– The proposed sale will improve the proposed sale. 3740. UAE’s readiness and capability to meet [FR Doc. 2012–20163 Filed 8–15–12; 8:45 am] The following is a copy of a letter to current and future strategic airlift BILLING CODE 5001–06–P requirements. The UAE will use its C– the Speaker of the House of 17s to provide humanitarian aid in the Representatives, Transmittals 12–52 with attached transmittal, and policy Middle East and Africa region and to DEPARTMENT OF DEFENSE support its troops in coalition justification. operations. The C–17 will provide a Office of the Secretary Dated: August 10, 2012. heavy airlift capability and complement Aaron Siegel, day-to-day operations of the UAE’s [Transmittal Nos. 12–52] Alternate OSD Federal Register Liaison existing C–130H fleet. 36(b)(1) Arms Sales Notification Officer, Department of Defense. The proposed sale of this equipment and support will not alter the basic AGENCY: Department of Defense, Defense BILLING CODE 5001–06–P military balance in the region. Security Cooperation Agency.

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BILLING CODE 5001–06–C Units (CLU), Missile Simulation Rounds Defense Services Proposed to be Sold: Transmittal No. 12–52 (MSR), Battery Coolant Units (BCU), See Attached Annex support equipment, spare and repair (viii) Date Report Delivered to Notice of Proposed Issuance of Letter of parts, personnel training and training Offer Pursuant to Section 36(b)(1) of the Congress: 3 Aug 2012 equipment, publications and technical Arms Export Control Act, as amended * As defined in Section 47(6) of the data, U.S. Government and contractor Arms Export Control Act. (i) Prospective Purchaser: Belgium technical assistance and other related (ii) Total Estimated Value: logistics support. POLICY JUSTIFICATION Major Defense Equipment* $70 million (iv) Military Department: Army Government of Belgium—Javelin Other ...... $18 million (WDM) Missiles TOTAL ...... $88 million (v) Prior Related Cases, if any: None The Government of Belgium has (iii) (Description and Quantity or (vi) Sales Commission, Fee, etc., Paid, requested a possible purchase of 240 Quantities of Articles or Services under Offered, or Agreed to be Paid: None Block I Javelin Missiles, 60 Command Consideration for Purchase: 240 Block I (vii) Sensitivity of Technology Launch Units (CLU) Missile Simulation Javelin Missiles, 60 Command Launch Contained in the Defense Article or Rounds (MSR), Battery Coolant Units

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(BCU), support equipment, spare and Transmittal No. 12–52 be used in the development of a system repair parts, personnel training and Notice of Proposed Issuance of Letter of with similar or advanced capabilities. training equipment, publications and Offer Pursuant to Section 36(b)(1) of the [FR Doc. 2012–20157 Filed 8–15–12; 8:45 am] technical data, U.S. Government and Arms Export Control Act BILLING CODE 5001–06–P contractor technical assistance and other related logistics support. The Annex estimated cost is $88 million. Item No. vii DEPARTMENT OF DEFENSE This proposed sale will contribute to the foreign policy and national security (vii) Sensitivity of Technology: Office of the Secretary of the United States by helping to 1. The Javelin Weapon System’s improve the security of a NATO ally hardware and the documentation [Transmittal Nos. 12–33] who continues to be an important force provided are unclassified. However, for the political stability and economic sensitive technology is contained within 36(b)(1) Arms Sales Notification the system itself. The sensitivity is progress in Northern Europe. AGENCY: Department of Defense, Defense primarily in the software programs that The Belgium Army intends to use the Security Cooperation Agency. Javelin system as part of its overall instruct the system how to operate in ACTION: Notice. military modernization program. The the presence of countermeasures. Javelin system will replace the Belgian Programs are contained in the system in SUMMARY: The Department of Defense is Army’s existing MILAN missile system. the form of microprocessors with Read publishing the unclassified text of a The proposed sale of the missiles and Only Memory (ROM) maps, which do section 36(b)(1) arms sales notification. support will not alter the basic military not provide the software program itself. This is published to fulfill the balance in the region. The overall hardware is considered requirements of section 155 of Public The principal contractors will be Joint sensitive in that the modulation Law 104–164 dated July 21, 1996. Javelin Venture (JJV), a consortium of frequency and infrared wavelengths FOR FURTHER INFORMATION CONTACT: Ms. Raytheon, in Tucson, Arizona and could be used in countermeasure B. English, DSCA/DBO/CFM, (703) 601– Lockheed Martin, in Orlando, Florida. development. The benefits to be derived 3740. There are no known offset agreements from the sale, as outlined in the policy The following is a copy of a letter to proposed in connection with this justification of this notification, the Speaker of the House of potential sale. outweigh the potential damage that Representatives, Transmittals 12–33 Implementation of this proposed sale could result if technology were to be with attached transmittal, and policy will require 6 U.S. Government or revealed to unauthorized persons. justification. contractor representatives to travel to 2. If a technologically advanced Belgium for a period of 2 weeks for adversary were to obtain knowledge of Dated: August 10, 2012. equipment training. the specific hardware and software Aaron Siegel, There will be no adverse impact on elements, the information could be used Alternate OSD Federal Register Liaison U.S. defense readiness as a result of this to develop countermeasures that might Officer, Department of Defense. proposed sale. reduce weapon system effectiveness or BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Amphibious Vehicles (AAVs)/ (iv) Military Department: Navy (LDG, Transmittal No. 12–33 Reliability, Availability and LDH) Maintainability/Rebuild to Standard (v) Prior Related Cases: Notice of Proposed Issuance of Letter of (RAM/RS), with ancillary equipment, Offer Pursuant to Section 36(b)(1) of the and machine guns. Also included are FMS case SBX—$35M—2Dec91 Arms Export Control Act, as Amended the upgrade of Brazil’s existing AAVs to FMS case SBY—$5M—19Jun92 (i) Prospective Purchaser: Brazil the RAM/RS configuration, weapons (vi) Sales Commission, Fee, etc., Paid, (ii) Total Estimated Value: and ammunition, spare and repair parts, Offered or Agreed to be Paid: None Major Defense Equipment* $ 98 million support equipment, tools and test Other ...... $135 million equipment, technical data and (vii) Sensitivity of Technology publications, personnel training and Contained in the Defense Article or Total ...... $233 million training equipment, U.S. Government Defense Services Proposed to be Sold: (iii) Description and Quantity or and contractor engineering, technical, None Quantities of Articles or Services under and logistics support services, and other (viii) Date Report Delivered to Consideration for Purchase: 26 Assault related elements of logistics support. Congress: 31 Jul 2012

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POLICY JUSTIFICATION known offset agreements proposed in Dated: August 10, 2012. connection with this potential sale. Aaron Siegel, Brazil—Assault Amphibious Vehicles Implementation of this proposed sale Alternate OSD Federal Register Liaison The Government of Brazil has will not require the assignment of any Officer, Department of Defense. requested the possible sale of 26 Assault additional U.S. Government or BILLING CODE 5001–06–P Amphibious Vehicles (AAVs)/ contractor representatives to Brazil. Transmittal No. 12–41 Reliability, Availability and There will be no adverse impact on U.S. Maintainability/Rebuild to Standard Notice of Proposed Issuance of Letter of defense readiness as a result of this (RAM/RS), with ancillary equipment, Offer Pursuant to Section 36(b)(1) of the proposed sale. and machine guns. Also included are Arms Export Control Act, as amended [FR Doc. 2012–20168 Filed 8–15–12; 8:45 am] the upgrade of Brazil’s existing AAVs to (i) Prospective Purchaser: Belgium the RAM/RS configuration, weapons BILLING CODE 5001–06–P (ii) Total Estimated Value: and ammunition, spare and repair parts, Major Defense Equipment* $48 million support equipment, tools and test Other ...... $40 million equipment, technical data and DEPARTMENT OF DEFENSE publications, personnel training and TOTAL ...... $88 million training equipment, U.S. Government Office of the Secretary (iii) (Description and Quantity or and contractor engineering, technical, Quantities of Articles or Services under and logistics support services, and other [Transmittal Nos. 12–41] Consideration for Purchase: 240 Block I related elements of logistics support. Javelin Missiles, Command Launch The estimated cost is $233 million. 36(b)(1) Arms Sales Notification Units (CLU) Missile Simulation Rounds The proposed sale will contribute to AGENCY: (MSR), Battery Coolant Units (BCU), foreign policies and national security of Department of Defense, Defense Security Cooperation Agency. support equipment, spare and repair the United States by helping to improve parts, personnel training and training the security of Brazil which has been, ACTION: Notice. equipment, publications and technical and continues to be, an important force data, U.S. Government and contractor for political stability and economic SUMMARY: The Department of Defense is technical assistance and other related progress in South America. publishing the unclassified text of a logistics support. Brazil will use this equipment to section 36(b)(1) arms sales notification. (iv) Military Department: Army augment its current inventory of This is published to fulfill the (WDM) amphibious vehicles and to modernize requirements of section 155 of Public (v) Prior Related Cases, if any: None and strengthen its Naval operational Law 104–164 dated July 21, 1996. (vi) Sales Commission, Fee, etc., Paid, amphibious capability in support of Offered, or Agreed to be Paid: None FOR FURTHER INFORMATION CONTACT: Ms. national defense objectives. Brazil will (vii) Sensitivity of Technology have no difficulty absorbing these B. English, DSCA/DBO/CFM, (703) 601– Contained in the Defense Article or vehicles into its armed forces. 3740. Defense Services Proposed to be Sold: The proposed sale of this equipment The following is a copy of a letter to See Attached Annex and support will not alter the basic the Speaker of the House of (viii) Date Report Delivered to military balance in the region. Representatives, Transmittals 12–41 Congress: 2 Aug 2012 The AAVs will be procured through a with attached transmittal, and policy * as defined in Section 47(6) of the Arms competitive procurement. There are no justification. Export Control Act.

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BILLING CODE 5001–06–C technical data, U.S. Government and Javelin system will replace the Belgium Policy Justification contractor technical assistance and Army’s existing MILAN missile system. other related logistics support. The The proposed sale of the missiles and Government of Belgium—Javelin estimated cost is $88 million. support will not alter the basic military Missiles This proposed sale will contribute to balance in the region. the foreign policy and national security The principal contractors will be Joint The Government of Belgium has of the United States by helping to Javelin Venture (JJV), a consortium of requested a possible purchase of 240 improve the security of a NATO ally Raytheon, in Tucson, Arizona, and Block I Javelin Missiles, Command who continues to be an important force Lockheed Martin, in Orlando, Florida. Launch Units (CLU), Missile Simulation for the political stability and economic There are no known offset agreements Rounds (MSR), Battery Coolant Units progress in Northern Europe. proposed in connection with this (BCU), support equipment, spare and The Belgium Army intends to use the potential sale. repair parts, personnel training and Javelin system as part of its overall Implementation of this proposed sale training equipment, publications and military modernization program. The will require 6 U.S. Government or

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contractor representatives to travel to advice and recommendations on matters Committee members shall serve without Belgium for a period of 2 weeks for relating to the Army National compensation. equipment training. Cemeteries Program. On December 31, The Secretary of Defense may approve There will be no adverse impact on 2011, Public Law 112–81 § 4723, the appointment of Committee members U.S. defense readiness as a result of this National Defense Authorization Act for for one- to four-year terms of service; proposed sale. Fiscal Year 2012, directed the however, no member, unless authorized Department of Defense to create an by the Secretary of Defense, may serve Transmittal No. 12–41 ‘‘advisory committee on Arlington more than two consecutive terms of Notice of Proposed Issuance of Letter of National Cemetery,’’ to advise the service. This same term of service Offer Pursuant to Section 36(b)(1) of the Department ‘‘with respect to the limitation also applies to any DoD Arms Export Control Act administration of Arlington National authorized subcommittees. Annex Cemetery, the erection of memorials at Each Committee member is appointed the cemetery, and master planning for to provide advice on behalf of the Item No. vii the cemetery.’’ government on the basis of his or her (vii) Sensitivity of Technology: Based upon this the Department best judgment without representing any 1. The Javelin Weapon System’s disestablished the Army National particular point of view and in a manner hardware and the documentation Cemeteries Advisory Commission and that is free from conflict of interest. provided are unclassified. However, established the Advisory Committee on The Department, when necessary, and sensitive technology is contained within Arlington National Cemetery. Like the consistent with the Committee’s mission the system itself. The sensitivity is former Commission, the new and DoD policies and procedures, may primarily in the software programs that Committee’s charter authorizes the establish subcommittees to support the instruct the system how to operate in Secretary of Defense to appoint up to Committee. Establishment of the presence of countermeasures. nine members who are preeminent subcommittees will be based upon a Programs are contained in the system in authorities in their respective fields of written determination, to include terms the form of microprocessors with Read interest or expertise. of reference, by the Secretary of Defense, Only Memory (ROM) maps, which do The Committee is a non-discretionary the Deputy Secretary of Defense or the not provide the software program itself. federal advisory committee that shall Committee’s sponsor. Such The overall hardware is considered provide the Secretary of Defense subcommittees shall not work sensitive in that the modulation through the Secretary of the Army, independently of the chartered frequency and infrared wavelengths independent advice and Committee, and shall report all their could be used in countermeasure recommendations, with respect to the recommendations and advice to the development. The benefits to be derived administration of Arlington National Committee for full deliberation and from the sale, as outlined in the policy Cemetery, the erection of memorials at discussion. Subcommittees have no justification of this notification, the cemetery, and master planning for authority to make decisions on behalf of outweigh the potential damage that the cemetery. the chartered Committee; nor can any could result if technology were to be The Committee shall report to the subcommittee or its members update or revealed to unauthorized persons. Secretary of Defense through the report directly to the DoD or any Federal 2. If a technologically advanced Secretary of the Army. The Secretary of officers or employees. adversary were to obtain knowledge of the Army may act upon the Committee’s All subcommittee members shall be the specific hardware and software advice and recommendations. The appointed in the same manner as the elements, the information could be used Committee shall be comprised of no Committee members; that is, the to develop countermeasures that might more than nine members who are Secretary of Defense shall appoint reduce weapon system effectiveness or preeminent authorities in their subcommittee members even if the be used in the development of a system respective fields of interest or expertise, member in question is already a with similar or advanced capabilities. including: Committee member. Subcommittee [FR Doc. 2012–20161 Filed 8–15–12; 8:45 am] a. One member nominated by the members, with the approval of the BILLING CODE 5001–06–P Secretary of Veterans Affairs; Secretary of Defense, may serve a term b. One member nominated by the of service on the subcommittee of one Secretary of the American Battle to four years. Subcommittee members, if DEPARTMENT OF DEFENSE Monuments Commission; and not full-time or part-time government c. No more than 7 members employees, shall be appointed to serve Office of the Secretary nominated by the Secretary of the Army. as experts and consultants under the Committee members, who are not full- authority of 5 U.S.C. 3109, and shall Establishment of Department of time or permanent part-time Federal serve as special government employees, Defense Federal Advisory Committee officers or employees, shall be whose appointments must be renewed AGENCY: DoD. appointed to serve as experts and by the Secretary of Defense on an annual basis. With the exception of ACTION: Establishment of Federal consultants under the authority of 5 travel and per diem for official Advisory Committee. U.S.C. § 3109 and shall serve as special government employees. All Committee Committee related travel, subcommittee SUMMARY: Under the provisions of the members shall be appointed by the members shall serve without Federal Advisory Committee Act of Secretary of Defense and their compensation. 1972 (5 U.S.C. Appendix) and 41 Code appointments shall be renewed on an All subcommittees operate under the of Federal Regulations § 102–3.50(d), annual basis. provisions of FACA, the Government in the Secretary of Defense, on October 11, The Secretary of the Army shall the Sunshine Act, governing Federal 2010, established the Army National designate the Co-Chairs from the total statutes and regulations, and governing Cemeteries Advisory Commission. This Committee membership. With the DoD policies/procedures. discretionary advisory committee was exception of travel and per diem for FOR FURTHER INFORMATION CONTACT: Jim chartered to provide independent official Committee related travel, Freeman, Advisory Committee

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Management Officer for the Department Dated: August 10, 2012. the Government in the Sunshine Act of of Defense, 703–692–5952. Aaron Siegel, 1976 (5 U.S.C. 552b, as amended), and Alternate OSD Federal Register Liaison 41 CFR 102–3.150, the Department of SUPPLEMENTARY INFORMATION: The Officer, Department of Defense. Defense announces that the following Committee shall meet at the call of the [FR Doc. 2012–20154 Filed 8–15–12; 8:45 am] Federal advisory committee meeting of Committee’s Designated Federal Officer, BILLING CODE 5001–06–P the Defense Acquisition University in consultation with Committee’s Board of Visitors will take place. Chairpersons. The estimated number of DATES: Wednesday, September 12, 2012, Committee meetings is four per year. DEPARTMENT OF DEFENSE from 8:30 a.m. to 1 p.m. In addition, the Designated Federal ADDRESSES: Office of the Secretary DAU Headquarters, 9820 Officer is required to be in attendance Belvoir Road, Fort Belvoir, VA 22060. at all Committee and subcommittee Strategic Environmental Research and FOR FURTHER INFORMATION CONTACT: meetings for the entire duration of each Development Program, Scientific Christen Goulding, Protocol Director, and every meeting; however, in the Advisory Board; Notice of Meeting DAU, Phone: 703–805–5134, Fax: 703– absence of the Designated Federal 805–5940, Email: Officer, a properly approved Alternate AGENCY: Department of Defense. [email protected]. Designated Federal Officer shall attend ACTION: Notice. the entire duration of the Committee or SUPPLEMENTARY INFORMATION: Purpose of subcommittee meeting. SUMMARY: This notice is published in the Meeting: The purpose of this accordance with Section 10(a)(2) of the meeting is to report back to the Board The Designated Federal Officer, or the Federal Advisory Committee Act (Pub. of Visitors on continuing items of Alternate Designated Federal Officer, L. 92–463). The topic of the meeting on interest. Agenda: shall call all of the Committee’s and September 11–12, 2012 is to review new 8:30 a.m. Welcome and approval of subcommittees’ meetings; prepare and start research and development projects minutes. approve all meeting agendas; adjourn requesting Strategic Environmental 8:45 a.m. DAU Capital and Northeast any meeting when the Designated Research and Development Program Region Highlights. Federal Officer, or the Alternate funds in excess of $1 million. This 9:30 a.m. Integrated Learning Designated Federal Officer, determines meeting is open to the public. Any Environment/Student Information adjournment to be in the public interest interested person may attend, appear System. or required by governing regulations or before, or file statements with the 10:45 a.m. FY13 DAU Budget. DoD policies/procedures; and chair Scientific Advisory Board at the time 11:30 a.m. Recognition of Service. meetings when directed to do so by the and in the manner permitted by the 11:45 a.m. Open Forum Discussion. official to whom the Committee reports. Board. 1 p.m. Adjourn. Public’s Accessibility to the Meeting: Pursuant to 41 CFR 102–3.105(j) and DATES: Tuesday, September 11, 2012 Pursuant to 5 U.S.C. 552b and 41 CFR 102–3.140, the public or interested from 8:30 a.m. to 4:30 p.m. and 102–3.140 through 102–3.165, and the organizations may submit written Wednesday, September 12 from 8:30 availability of space, this meeting is statements to Advisory Committee on a.m. to 3:45 p.m. open to the public. However, because of Arlington National Cemetery ADDRESSES: George Mason Conference space limitations, allocation of seating membership about the Committee’s Room at Metro Offices, 4601 North will be made on a first-come, first mission and functions. Written Fairfax Drive, Suite 1200, Arlington, VA served basis. Persons desiring to attend statements may be submitted at any 22203. the meeting should call Ms. Christen time or in response to the stated agenda FOR FURTHER INFORMATION CONTACT: Mr. Goulding at 703–805–5134.Committee’s of planned meeting of the Advisory Jonathan Bunger, SERDP Office, 4800 Designated Federal Officer or Point of Committee on Arlington National Mark Center Drive, Suite 17D08 Contact: Ms. Kelley Berta, 703–805– Cemetery. Alexandria, VA 22350–3600, by 5412. All written statements shall be telephone at (571) 372–6384. Dated: August 10, 2012. submitted to the Designated Federal Dated: August 10, 2012. Aaron Siegel, Officer for the Advisory Committee on Aaron Siegel, Alternate OSD Federal Register Liaison Arlington National Cemetery, and this Alternate OSD Federal Register Liaison Officer, Department of Defense. individual will ensure that the written Officer, Department of Defense. [FR Doc. 2012–20155 Filed 8–15–12; 8:45 am] statements are provided to the [FR Doc. 2012–20150 Filed 8–15–12; 8:45 am] BILLING CODE 5001–06–P membership for their consideration. BILLING CODE 5001–06–P Contact information for the Advisory Committee on Arlington National DEPARTMENT OF DEFENSE Cemetery’s Designated Federal Officer DEPARTMENT OF DEFENSE can be obtained from the GSA’s FACA Office of the Secretary Database—https://www.fido.gov/faca Office of the Secretary database/public.asp. The Designated National Security Education Board Federal Officer, pursuant to 41 CFR Defense Acquisition University Board Members Meeting of Visitors; Notice of Meeting 102–3.150, will announce planned AGENCY: Under Secretary of Defense meetings of the Advisory Committee on AGENCY: Defense Acquisition Personnel and Readiness, DoD. Arlington National Cemetery. The University, DoD. ACTION: Notice of meeting. Designated Federal Officer, at that time, ACTION: Meeting notice. may provide additional guidance on the SUMMARY: Pursuant to Public Law 92– submission of written statements that SUMMARY: Under the provisions of the 463, notice is hereby given of a are in response to the stated agenda for Federal Advisory Committee Act of forthcoming meeting of the National the planned meeting in question. 1972 (5 U.S.C., Appendix, as amended), Security Education Board. The purpose

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of the meeting is to review and make The PRB shall provide fair and Dated: August 10, 2012. recommendations to the Secretary of impartial review of Senior Executive Aaron Siegel, Defense concerning requirements Service and Senior Professional Alternate OSD Federal Register Liaison established by the David L. Boren performance appraisals and make Officer, Department of Defense. National Security Education Act, Title recommendations regarding [FR Doc. 2012–20153 Filed 8–15–12; 8:45 am] VII of Public Law 102–183, as amended. performance ratings and performance BILLING CODE 5001–06–P DATES: September 6, 2012, from 12 p.m. awards to the Deputy Secretary of to 5 p.m. Defense. DEPARTMENT OF EDUCATION ADDRESSES: Defense Language and DATES: Effective Date: August 2, 2012. National Security Education Office, Notice of Proposed Information 1101 Wilson Boulevard, Suite 1210, FOR FURTHER INFORMATION CONTACT: Collection Requests; Office of Arlington, VA 22209. Michael L. Watson, Assistant Director for Executive and Political Personnel, Postsecondary Education; Secretary’s FOR FURTHER INFORMATION CONTACT: Ms. Washington Headquarters Services, Recognition of Accrediting Agencies Alison Patz, Program Analyst, Defense Office of the Secretary of Defense, (703) SUMMARY: The information collected is Language and National Security 693–8373. Education Office (DLNSEO), 1101 required to determine if an accrediting Wilson Boulevard, Suite 1210, Rosslyn, SUPPLEMENTARY INFORMATION: In agency complies with the Secretary of Virginia 22209–2248; (703) 696–1991. accordance with 5 U.S.C. 4314(c)(4), the Education’s Criteria for Recognition and Electronic mail address: following executives are appointed to is used to allow the Secretary to make [email protected]. the Office of the Secretary of Defense determinations on extending and/or PRB with specific PRB panel continuing recognition. SUPPLEMENTARY INFORMATION: The assignments being made from this DATES: Interested persons are invited to National Security Education Board group. Executives listed will serve a submit comments on or before October Members meeting is open to the public. one-year renewable term, effective 15, 2012. The public is afforded the opportunity August 2, 2012. ADDRESSES: Written comments to submit written statements associated regarding burden and/or the collection with DLNSEO. Office of the Secretary of Defense, activity requirements should be Chairperson, Dated: August 10, 2012. electronically mailed to Aaron Siegel, Alan Shaffer. [email protected] or mailed to U.S. Alternate OSD Federal Register Liaison Department of Education, 400 Maryland Officer, Department of Defense. PRB PANEL MEMBERS Avenue SW., LBJ, Washington, DC [FR Doc. 2012–20152 Filed 8–15–12; 8:45 am] 20202–4537. Copies of the proposed BILLING CODE 5001–06–P Anthony Aldwell information collection request may be Linda Allen accessed from http://edicsweb.ed.gov, Gretchen Anderson by selecting the ‘‘Browse Pending DEPARTMENT OF DEFENSE Timothy Baker Collections’’ link and by clicking on David Bennett link number 04910. When you access Office of the Secretary Pamela Conklin the information collection, click on Kathy Cutler ‘‘Download Attachments’’ to view. Membership of the Performance Laura Desimone Written requests for information should Review Board Shari Durand Audrey Eckhart be addressed to U.S. Department of AGENCY: Office of the Secretary of Webster Ewell Education, 400 Maryland Avenue SW., Defense (OSD), DoD. John Hastings LBJ, Washington, DC 20202–4537. Requests may also be electronically ACTION: Notice of board membership. Paul Hulley John James, Jr. mailed to [email protected] or faxed SUMMARY: This notice announces the Clarence Johnson to 202–401–0920. Please specify the appointment of the Department of Kevin Kelly complete title of the information Defense, Fourth Estate, Performance Paul Koffsky collection and OMB Control Number Paul Kozemchak Review Board (PRB) members, to when making your request. Roberta Lowe Individuals who use a include the Joint Staff, Defense Field Nathan Maenle Activities, the U.S. Court of Appeals for telecommunications device for the deaf Richard Mccormick (TDD) may call the Federal Information the Armed Forces and the following Elizabeth Mcgrath Defense Agencies: Defense Advance Relay Service (FIRS) at 1–800–877– Teresa Mckay 8339. Research Projects Agency, Defense Donald Mckenzie Commissary Agency, Defense Contract Allen Middleton SUPPLEMENTARY INFORMATION: Section Audit Agency, Defense Contract Robert Newberry 3506 of the Paperwork Reduction Act of Management Agency, Defense Finance Patrick O’brien 1995 (44 U.S.C. Chapter 35) requires And Accounting Service, Defense Thomas Peters that Federal agencies provide interested Information Systems Agency, Defense Ronald Pontius parties an early opportunity to comment Legal Services Agency, Defense Angela Rogers on information collection requests. The Logistics Agency, Defense Security James Russell Director, Information Collection Cooperation Agency, Defense Threat Dennis Savage Clearance Division, Privacy, Information Reduction Agency, Missile Defense Richard Sayre and Records Management Services, Agency, and Pentagon Force Protection Steven Schleien Office of Management, publishes this Donna Seymour Agency. The publication of PRB notice containing proposed information David Wennergren membership is required by 5 U.S.C. Joseph-Paul Wilusz collection requests at the beginning of 4314(c)(4). the Departmental review of the

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information collection. The Department Excellence Commission (Commission). individuals wishing to provide written of Education is especially interested in The notice also describes the functions comments may send their comments to public comment addressing the of the Commission. Notice of this the Commission via email at following issues: (1) Is this collection meeting is required by section 10(a)(2) [email protected] or via U.S. necessary to the proper functions of the of the Federal Advisory Committee Act mail to Guy Johnson, Designated Department; (2) will this information be (FACA) and is intended to notify the Federal Official, Equity and Excellence processed and used in a timely manner; public of their opportunity to attend. Commission, U.S. Department of (3) is the estimate of burden accurate; DATES: August 30, 2012. Education, 400 Maryland Avenue SW., (4) how might the Department enhance Time: 11:00 a.m. to 4:00 p.m. Eastern Washington, DC 20202. For comments the quality, utility, and clarity of the Standard Time. related to the upcoming meeting, please information to be collected; and (5) how ADDRESSES: The Commission will meet submit comments for receipt no later might the Department minimize the in Washington, DC at the United States than August 23, 2012. burden of this collection on the Department of Education at 400 Individuals interested in attending the respondents, including through the use Maryland Avenue SW., Washington, DC meeting must register in advance, as of information technology. Please note 20202, in Room 4E333. meeting room seating may be limited. that written comments received in FOR FURTHER INFORMATION CONTACT: Guy Please contact Guy Johnson at (202) response to this notice will be Johnson, Designated Federal Official, 453–6567 or by email at considered public records. Equity and Excellence Commission, [email protected]. Individuals Title of Collection: Title 34 CFR 602: U.S. Department of Education, 400 who will need accommodations for a Secretary’s Recognition of Accrediting Maryland Avenue SW., Washington, DC disability in order to attend the meeting Agencies. 20202. Email: (e.g., interpreting services, assistive OMB Control Number: 1840–0788. [email protected]. Telephone: listening devices, or materials in Type of Review: Revision. (202) 453–6567. alternative format) should notify Guy Total Estimated Number of Annual SUPPLEMENTARY INFORMATION: On August Johnson at (202) 453–6567 no later than Responses: 167. August 23, 2012. We will attempt to Total Estimated Number of Annual 30, 2012 from 11:00 a.m. to 4:00 p.m. Eastern Standard Time, the Equity and meet requests for accommodations after Burden Hours: 4,885. this date but cannot guarantee Abstract: In compliance with Title 34 Excellence Commission will hold an open meeting in Washington, DC at the availability. The meeting site is CFR part 602, the information collected accessible to individuals with consists of petitions, reports and United States Department of Education at 400 Maryland Avenue SW., disabilities. accreditation notifications. The Records are kept of all Commission information collected is required to Washington, DC 20202, in Room 4E333. The purpose of the Commission is to proceedings and are available for public determine if an accrediting agency inspection at the Department of complies with the Secretary of collect information, analyze issues, and obtain broad public input regarding how Education, 400 Maryland Avenue SW., Education’s Criteria for Recognition and Washington, DC 20202 between the is used to allow the Secretary to make the Federal government can increase educational opportunity by improving hours of 9 a.m. to 5 p.m. Eastern determinations on extending and/or Standard Time. You may contact Guy continuing recognition. Only school funding equity. The Commission will also make recommendations for Johnson, Designated Federal Official, postsecondary institutions accredited by Equity and Excellence Commission, at such a recognized accrediting agency restructuring school finance systems to achieve equity in the distribution of [email protected], or at (202) obtain Title IV funding for its students. 453–6567 if you have additional This portion of the new regulation was educational resources and further student performance, especially for the questions regarding inspection of disclosed but not submitted for public records. comment when the negotiated students at the lower end of the rulemaking legislature was originally achievement gap. The Commission will John DiPaolo, announced in the Federal Register in examine the disparities in meaningful Chief of Staff, Office for Civil Rights, United 2009. Therefore, this submission is educational opportunities that give rise States Department of Education. considered a ‘‘revision of a currently to the achievement gap, with a focus on [FR Doc. 2012–20156 Filed 8–15–12; 8:45 am] systems of finance, and recommend approved collection.’’ BILLING CODE 4000–01–P appropriate ways in which Federal Dated: August 9, 2012. policies could address such disparities. Darrin A. King, The agenda for the Commission’s Director, Information Collection Clearance August 30, 2012 meeting will include DEPARTMENT OF ENERGY Division, Privacy, Information and Records review and deliberation of materials Electricity Advisory Committee Management Services, Office of Management. prepared by the writing teams for [FR Doc. 2012–20151 Filed 8–15–12; 8:45 am] consideration in the draft report to the AGENCY: Office of Electricity Delivery BILLING CODE 4000–01–P Secretary of the U.S. Department of and Energy Reliability, Department of Education (Secretary), summarizing the Energy. Commission’s findings and ACTION: Notice of Renewal. DEPARTMENT OF EDUCATION recommendations for appropriate ways in which Federal policies can improve SUMMARY: Pursuant to Section Equity and Excellence Commission equity in school finance. The 14(a)(2)(A) of the Federal Advisory AGENCY: Office for Civil Rights, U.S. Commission is also expected to discuss Committee Act, App. 2, and Section Department of Education. the timing and content of future 102–3.65(a), Title 41, Code of Federal ACTION: Notice of an open meeting. Commission meetings, as well as what Regulations, and following consultation further materials, if any, will be with the Committee Management SUMMARY: This notice sets forth the produced by the topic review teams. Secretariat, General Services schedule and proposed agenda of an up- Due to time constraints, there will not Administration, notice is hereby given coming meeting of the Equity and be a public comment period. However, that the Electricity Advisory

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Committee’s (EAC) charter has been Tentative Agenda Science.gov Way, Oak Ridge, Tennessee renewed for a two-year period beginning 1. Fiscal Year 2013 Work Plan 37830. on August 9, 2012. Development. FOR FURTHER INFORMATION CONTACT: The Committee will provide advice 2. Election of Officers. Melyssa P. Noe, Federal Coordinator, and recommendations to the Assistant Public Participation: The EM SSAB, Department of Energy Oak Ridge Secretary for Electricity Delivery and Nevada, welcomes the attendance of the Operations Office, P.O. Box 2001, EM– Energy Reliability on programs to public at its advisory committee 90, Oak Ridge, TN 37831. Phone (865) modernize the Nation’s electric power meetings and will make every effort to 241–3315; Fax (865) 576–0956 or email: system. accommodate persons with physical [email protected] or check the Web Additionally, the renewal of the EAC disabilities or special needs. If you site at www.oakridge.doe.gov/em/ssab. has been determined to be essential to require special accommodations due to SUPPLEMENTARY INFORMATION: Purpose of conduct Department of Energy business, a disability, please contact Barbara the Board: The purpose of the Board is and to be in the public interest in Ulmer at least seven days in advance of to make recommendations to DOE–EM connection with the performance of the meeting at the phone number listed and site management in the areas of duties imposed upon the Department of above. Written statements may be filed environmental restoration, waste Energy by law and agreement. The with the Board either before or after the management, and related activities. Committee will continue to operate in meeting. Individuals who wish to make Tentative Agenda accordance with the provisions of the oral presentations pertaining to agenda • Welcome and Announcements Federal Advisory Committee Act, the items should contact Barbara Ulmer at • the telephone number listed above. The Comments from the Deputy rules and regulations in implementation Designated Federal Officer of that Act. request must be received five days prior • to the meeting and reasonable provision Comments from the DOE, Tennessee FOR FURTHER INFORMATION CONTACT: will be made to include the presentation Department of Environment and David Meyer, Designated Federal Officer in the agenda. The Deputy Designated Conservation, and Environmental at (202) 586–3118. Federal Officer is empowered to Protection Agency Liaisons • Public Comment Period Issued at Washington DC on August 9, conduct the meeting in a fashion that • Presentation: Cleanup Status at the 2012. will facilitate the orderly conduct of Oak Ridge National Laboratory Carol A. Matthews, business. Individuals wishing to make • Additions/Approval of Agenda Committee Management Officer. public comments will be provided a • Motions/Approval of June Meeting [FR Doc. 2012–20120 Filed 8–15–12; 8:45 am] maximum of five minutes to present Minutes BILLING CODE 6450–01–P their comments. • Status of Recommendations with DOE Minutes: Minutes will be available by • Committee Reports writing to Barbara Ulmer at the address • Federal Coordinator Report DEPARTMENT OF ENERGY listed above or at the following Web • Adjourn site: http://nv.energy.gov/nssab/ Public Participation: The EM SSAB, Environmental Management Site- MeetingMinutes.aspx. Oak Ridge, welcomes the attendance of Specific Advisory Board, Nevada Issued at Washington, DC, on August 13, the public at its advisory committee 2012. meetings and will make every effort to AGENCY: Department of Energy. LaTanya R. Butler, accommodate persons with physical ACTION: Notice of open meeting. Acting Deputy Committee Management disabilities or special needs. If you Officer. require special accommodations due to SUMMARY: This notice announces a [FR Doc. 2012–20121 Filed 8–15–12; 8:45 am] a disability, please contact Melyssa P. Noe at least seven days in advance of meeting of the Environmental BILLING CODE 6450–01–P Management Site-Specific Advisory the meeting at the phone number listed Board (EM SSAB), Nevada. The Federal above. Written statements may be filed Advisory Committee Act (Pub. L. No. DEPARTMENT OF ENERGY with the Board either before or after the 92–463, 86 Stat. 770) requires that meeting. Individuals who wish to make public notice of this meeting be Environmental Management Site- oral statements pertaining to the agenda announced in the Federal Register. Specific Advisory Board, Oak Ridge item should contact Melyssa P. Noe at Reservation the address or telephone number listed DATES: Wednesday, September 12, 2012, above. Requests must be received five 4:00 p.m. AGENCY: Department of Energy. days prior to the meeting and reasonable ADDRESSES: Atomic Testing Museum, ACTION: Notice of open meeting. provision will be made to include the 755 E. Flamingo Road, Las Vegas, presentation in the agenda. The Deputy SUMMARY: This notice announces a Nevada 89119. meeting of the Environmental Designated Federal Officer is FOR FURTHER INFORMATION CONTACT: Management Site-Specific Advisory empowered to conduct the meeting in a Barbara Ulmer, Board Administrator, Board (EM SSAB), Oak Ridge fashion that will facilitate the orderly 232 Energy Way, M/S 505, North Las Reservation. The Federal Advisory conduct of business. Individuals Vegas, Nevada 89030. Phone: (702) 630– Committee Act (Pub. L. 92–463, 86 Stat. wishing to make public comments will 0522; Fax (702) 295–5300 or Email: 770) requires that public notice of this be provided a maximum of five minutes [email protected]. meeting be announced in the Federal to present their comments. Minutes: Minutes will be available by Register. SUPPLEMENTARY INFORMATION: Purpose of writing or calling Melyssa P. Noe at the the Board: The purpose of the Board is DATES: Wednesday, September 12, 2012, address and phone number listed above. to make recommendations to DOE–EM 6:00 p.m. Minutes will also be available at the and site management in the areas of ADDRESSES: Department of Energy following Web site: http:// environmental restoration, waste Information Center, Office of Science www.oakridge.doe.gov/em/ssab/ management, and related activities. and Technical Information, 1 minutes.htm.

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Issued at Washington, DC, on August 13, center, provided that Sanyo tests and procedure, or (2) when prescribed test 2012. rates such products using the alternate procedures may evaluate the basic LaTanya R. Butler, test procedure described in this notice. model in a manner so unrepresentative Acting Deputy Committee Management Today’s decision prohibits Sanyo from of its true energy consumption Officer. making representations concerning the characteristics as to provide materially [FR Doc. 2012–20124 Filed 8–15–12; 8:45 am] energy efficiency of these products inaccurate comparative data. 10 CFR BILLING CODE 6450–01–P unless the product has been tested in a 430.27(a)(1). Petitioners must include in manner consistent with the provisions their petition any alternate test and restrictions in the alternate test procedures known to the petitioner to DEPARTMENT OF ENERGY procedure set forth in the decision and evaluate the basic model in a manner order below, and the representations representative of its energy Office of Energy Efficiency and fairly disclose the test results. consumption characteristics. Renewable Energy Distributors, retailers, and private The Assistant Secretary for Energy [Case No. RF–022] labelers are held to the same standard Efficiency and Renewable Energy (the when making representations regarding Assistant Secretary) may grant a waiver Decision and Order Granting a Waiver the energy efficiency of these products. subject to conditions, including to Sanyo From the Department of 42 U.S.C. 6293(c). adherence to alternate test procedures. Energy Residential Refrigerator and Issued in Washington, DC, on August 9, 10 CFR 430.27(l). Waivers remain in Refrigerator-Freezer Test Procedures 2012. effect pursuant to the provisions of 10 Kathleen B. Hogan, CFR 430.27(m). AGENCY: Office of Energy Efficiency and Any interested person who has Renewable Energy, Department of Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable submitted a petition for waiver may also Energy. Energy. file an application for interim waiver of ACTION: Decision and Order. the applicable test procedure Decision and Order requirements. 10 CFR 430.27(a)(2). The SUMMARY: The U.S. Department of In the Matter of: Sanyo E&E Assistant Secretary will grant an interim Energy (DOE) gives notice of the Corporation (Case No. RF–022). waiver request if it is determined that decision and order (Case No. RF–022) the applicant will experience economic that grants Sanyo E&E Corporation I. Background and Authority hardship if the interim waiver is denied, (Sanyo) a waiver from the DOE electric Title III, Part B of the Energy Policy if it appears likely that the petition for refrigerator and refrigerator-freezer test and Conservation Act of 1975 (EPCA), waiver will be granted, and/or the procedures for determining the energy Public Law 94–163 (42 U.S.C. 6291– Assistant Secretary determines that it consumption of residential refrigerator- 6309, as codified) established the would be desirable for public policy freezers for the basic models set forth in Energy Conservation Program for reasons to grant immediate relief its petition for waiver. Under today’s Consumer Products Other Than pending a determination on the petition decision and order, Sanyo shall be Automobiles, a program covering most for waiver. 10 CFR 430.27(g). required to test and rate its hybrid wine major household appliances, which II. Sanyo’s Petition for Waiver: chiller/beverage center basic models includes the residential electric Assertions and Determinations using an alternate test procedure that refrigerators and refrigerator-freezers requires Sanyo to test the wine chiller that are the focus of this notice.1 Part B On June 2, 2011, Sanyo submitted a compartment at 55 °F instead of the includes definitions, test procedures, petition for waiver and application for prescribed temperature of 38 °F. labeling provisions, energy conservation interim waiver (petition) from the test DATES: This Decision and Order is standards, and the authority to require procedure applicable to residential effective August 16, 2012. information and reports from electric refrigerators and refrigerator- freezers set forth in 10 CFR Part 430, FOR FURTHER INFORMATION CONTACT: Mr. manufacturers. Further, Part B authorizes the Secretary of Energy to subpart B, appendix A1. In its petition, Bryan Berringer, U.S. Department of Sanyo seeks a waiver from the existing Energy, Building Technologies Program, prescribe test procedures that are reasonably designed to produce results DOE test procedure applicable to Mailstop EE–2J, 1000 Independence refrigerators and refrigerator-freezers Avenue SW., Washington, DC 20585– that measure energy efficiency, energy use, or estimated operating costs, and under 10 CFR Part 430 for Sanyo’s 0121. Telephone: (202) 586–0371, hybrid models that consist of single- Email: [email protected]. that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test cabinet units with a refrigerated Ms. Elizabeth Kohl, U.S. Department beverage compartment in the top of Energy, Office of the General Counsel, procedure for residential electric refrigerators and refrigerator-freezers is portion and a wine storage compartment Mail Stop GC–71, 1000 Independence in the bottom of the units. DOE issued Avenue SW., Washington, DC 20585– set forth in 10 CFR part 430, subpart B, appendix A1. guidance that clarified the test 0103, (202) 586–7796, Email: procedures to be used for hybrid [email protected]. DOE’s regulations for covered products contain provisions allowing a products such as the Sanyo models at SUPPLEMENTARY INFORMATION: In person to seek a waiver from the test issue here: http://www1.eere.energy.gov/ _ accordance with Title 10 of the Code of procedure requirements for a particular buildings/appliance standards/ _ _ Federal Regulations (10 CFR 430.27(l)), basic model for covered consumer residential/pdfs/refrigerator definition DOE gives notice of the issuance of its products when (1) the petitioner’s basic faq.pdf. This guidance specifies that decision and order as set forth below. model for which the petition for waiver basic models such as the ones Sanyo The decision and order grants Sanyo a was submitted contains one or more identifies in its petition, which do not waiver from the applicable residential design characteristics that prevent have a separate wine storage refrigerator and refrigerator-freezer test testing according to the prescribed test compartment with a separate exterior procedures found in 10 CFR part 430, door, are to be tested according to the subpart B, appendix A1 for certain basic 1 For editorial reasons, upon codification in the DOE test procedure in Appendix A1, models of hybrid wine chiller/beverage U.S. Code, Part B was re-designated Part A. with the temperatures specified therein.

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Sanyo asserts that the wine storage (5) This waiver shall remain in effect Corporation, 550 17th Street NW., compartment cannot be tested at the consistent with the provisions of 10 CFR Washington, DC 20429. prescribed temperature of 38 °F, because 430.27(m). • Hand Delivery: Comments may be the minimum compartment temperature (6) This waiver is issued on the hand-delivered to the guard station at is 45 °F. Sanyo submitted an alternate condition that the statements, the rear of the 17th Street Building test procedure to account for the energy representations, and documentary (located on F Street), on business days consumption of its wine chiller/ materials provided by the petitioner are between 7 a.m. and 5 p.m. beverage centers. That alternate valid. DOE may revoke or modify this All comments should refer to the procedure would test the wine chiller waiver at any time if it determines the relevant OMB control number. A copy compartment at 55 °F, instead of the factual basis underlying the petition for of the comments may also be submitted prescribed 38 °F. To justify the use of waiver is incorrect, or the results from to the OMB desk officer for the FDIC: this standardized temperature for the alternate test procedure are Office of Information and Regulatory testing, Sanyo stated in its petition that unrepresentative of the basic models’ Affairs, Office of Management and it designed these models to provide an true energy consumption characteristics. Budget, New Executive Office Building, average temperature of 55 to 57 °F, (7) This waiver applies only to those Washington, DC 20503. which it determined is a commonly basic models set out in Sanyo’s June 2, FOR FURTHER INFORMATION CONTACT: Gary recommended temperature for wine 2011 petition for waiver. Grant of this A. Kuiper, at the FDIC address above. storage, suggesting that this temperature waiver does not release a petitioner SUPPLEMENTARY INFORMATION: is presumed to be representative of from the certification requirements set Proposal to renew the following expected consumer use. 77 FR 19656. forth at 10 CFR part 429. currently-approved collection of DOE notes that the test procedures for Issued in Washington, DC, on August 9, information: wine chillers adopted by the 2012. Affected Public: Individuals; Association of Home Appliance Kathleen B. Hogan, Businesses or other for-profit. Manufacturers (AHAM), California Deputy Assistant Secretary for Energy Estimated Number of Respondents: Energy Commission (CEC), and Natural Efficiency, Energy Efficiency and Renewable 4546. Resources Canada all use a standardized Energy. Estimated Time per Response: 16 ° compartment temperature of 55 F for [FR Doc. 2012–20125 Filed 8–15–12; 8:45 am] hours. wine chiller compartments, which is BILLING CODE 6450–01–P Estimated Total Annual Burden: consistent with Sanyo’s approach. 72,736 hours. III. Conclusion General Description of the Collection: 12 CFR 334.82, 334.90, 334.91 and After careful consideration of all the FEDERAL DEPOSIT INSURANCE CORPORATION Appendix J to Part 334 implement material that was submitted by Sanyo, it sections 114 and 315 of the Fair and is ordered that: Agency Information Collection Accurate Credit Transactions Act of (1) The petition for waiver submitted Activities: Proposed Collection 2003 (FACT Act), Public Law 108–159 by the Sanyo E&E Corporation (Case No. Renewal; Comment Request (2003). Section 114 amended section RF–022) is hereby granted as set forth in (3064–0152) 615 of the Fair Credit Reporting Act the paragraphs below. (FCRA) to require the OCC, FRB, FDIC, (2) Sanyo shall be required to test and AGENCY: Federal Deposit Insurance OTS, NCUA, and FTC (Agencies) to rate the following Sanyo models Corporation (FDIC). issue jointly (i) Guidelines for financial according to the alternate test procedure ACTION: Notice and request for comment. institutions and creditors regarding set forth in paragraph (3) below. identity theft with respect to their JUB248LB SUMMARY: The FDIC, as part of its account holders and customers; (ii) JUB248RB continuing effort to reduce paperwork JUB248LW regulations requiring each financial and respondent burden, invites the institution and creditor to establish JUB248RW general public and other Federal KBCO24LS reasonable policies and procedures for agencies to take this opportunity to implementing the guidelines to identify KBCS24LS comment on the renewal of an existing KBCO24RS possible risks to account holders or KBCS24RS information collection, as required by customers or to the safety and MBCM24FW the Paperwork Reduction Act of 1995 soundness of the institution or creditor; (44 U.S.C. chapter 35). Currently, the (3) Sanyo shall be required to test the and (iii) regulations generally requiring FDIC is soliciting comment on renewal products listed in paragraph (2) above credit and debit card issuers to assess of the information collection described according to the test procedures for the validity of change of address below. electric refrigerator-freezers prescribed requests under certain circumstances. by DOE at 10 CFR part 430, Appendix DATES: Comments must be submitted on Section 315 amended section 605 of the A1, except that, for the Sanyo products or before October 15, 2012. FCRA to require the Agencies to issue listed in paragraph (2) only, test the ADDRESSES: Interested parties are regulations providing guidance wine chiller compartment at 55 °F, invited to submit written comments to regarding reasonable policies and instead of the prescribed 38 °F. the FDIC by any of the following procedures that a user of consumer (4) Representations. Sanyo may make methods: reports must employ when a user representations about the energy use of • http://www.FDIC.gov/regulations/ receives a notice of address discrepancy its hybrid wine chiller/beverage center laws/federal/notices.html. from a consumer reporting agency products for compliance, marketing, or • Email: [email protected] Include (CRA). The information collections in other purposes only to the extent that the name of the collection in the subject Sec. 334.90 require each financial such products have been tested in line of the message. institution and creditor that offers or accordance with the provisions outlined • Mail: Gary A. Kuiper maintains one or more covered accounts above and such representations fairly (202.898.3877), Counsel, Room NYA– to develop and implement a written disclose the results of such testing. 5046, Federal Deposit Insurance Identity Theft Prevention Program

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(Program). In developing the Program, Dated at Washington, DC, this 13th day of Lawrence DePace, President financial institutions and creditors are August 2012. (Qualifying Individual), Robert D. Van required to consider the guidelines in Federal Deposit Insurance Corporation. Roijen, Owner, Application Type: Appendix J to Part 334 and include Robert E. Feldman, Add Trade Name Secor Group Global those that are appropriate. The initial Executive Secretary. Logistics. Program must be approved by the board [FR Doc. 2012–20137 Filed 8–15–12; 8:45 am] Global Shipping Partners, LLC (NVO), of directors or an appropriate committee 437 Perrie Drive, #202, Elk Grove BILLING CODE 6714–01–P thereof and the board, an appropriate Village, IL 60007, Officer: Jason P. committee thereof or a designated Kwon, Member (Qualifying employee at the level of senior Individual), Application Type: New management must be involved in the FEDERAL MARITIME COMMISSION NVO License. oversight of the Program. In addition, Global Supply Chain Solutions Inc. Ocean Transportation Intermediary staff must be trained to carry out the (NVO & OFF), 2301 W. 205th Street, License Applicants Program. Pursuant to Sec. 334.91, each Unit 113, Torrance, CA 90501, credit and debit card issuer is required The Commission gives notice that the Officers: Tony Shin, Vice President to establish and implement policies and following applicants have filed an (Qualifying Individual), Anthony Lau, procedures to assess the validity of a application for an Ocean Transportation Director, Application Type: New NVO change of address request under certain Intermediary (OTI) license as a Non- & OFF License. circumstances. Before issuing an Vessel-Operating Common Carrier I.T.N. Consolidators, Inc. (NVO), 3401– additional or replacement card, the card (NVO) and/or Ocean Freight Forwarder C NW. 72nd Avenue, Miami, FL issuer must notify the cardholder or use (OFF) pursuant to section 40901 of the 33122, Officers: Juan A. Garcia, Vice another means to assess the validity of Shipping Act of 1984 (46 U.S.C. 40101). President (Qualifying Individual), the change of address. The information Notice is also given of the filing of John R. Nash, CFO, Application Type: collections in Sec. 41.82 require each applications to amend an existing OTI Add Trade Name International user of consumer reports to develop and license or the Qualifying Individual (QI) Transportation Network & QI Change. implement reasonable policies and for a licensee. I.T.N. of Miami, Inc. (NVO), 3401–C procedures designed to enable the user Interested persons may contact the NW. 72nd Avenue, Miami, FL 33122, to form a reasonable belief that a Office of Ocean Transportation Officers: Juan A. Garcia, Vice consumer report relates to the consumer Intermediaries, Federal Maritime President (Qualifying Individual), about whom it requested the report Commission, Washington, DC 20573, by John R. Nash, CFO, Application Type: when the user receives a notice of telephone at (202) 523–5843 or by email QI Change. address discrepancy from a CRA. A user at [email protected]. Seagull Maritime Agencies Private of consumer reports must also develop Limited (NVO), F–35/3, Okhla American Logistic Group, Inc. (NVO & and implement reasonable policies and Industrial Area, Phase II, New Delhi- OFF), 14710 South Maple Avenue, procedures for furnishing an address for 110020, India, Officers: Siddharth Gardena, CA 90248, Officers: Yung K. the consumer that the user has Khera, Vice President (Qualifying reasonably confirmed to be accurate to Choi, Secretary (Qualifying Individual), Sidhartha C. Jena, the CRA from which it receives a notice Individual), Sang W. Ha, President, President, Application Type: QI of address discrepancy when (1) The Application Type: New NVO & OFF Change. user can form a reasonable belief that License. Service Galopando Corp. (NVO), 3190 the consumer report relates to the Auto Export Shipping, Inc. dba A.E.S. South State Road 7, Bay 5, Miramar, consumer about whom the user has Inc. (NVO), One Slater Drive, FL 33023, Officers: Candido Montero, requested the report; (2) the user Elizabeth, NJ 07206, Officers: Thomas President (Qualifying Individual), establishes a continuing relationship O’Rourke, Assistant Secretary Jorge A. Montero, Vice President, with the consumer; and (3) the user (Qualifying Individual), T. Michael Application Type: New NVO License. regularly and in the ordinary course of Riggs, Director, Application Type: QI TOC Logistics International, LLC (NVO business furnishes information to the Change. & OFF), 2629 Waterfront Parkway East CRA from which it received the notice AZ Freight International Inc. (NVO & Drive, #380, Indianapolis, IN 46214, of address discrepancy. OFF), 18311 Railroad Street, City of Officers: Gary Cardenas, CEO Industry, CA 91748, Officer: Lang (Qualifying Individual), Craig Roeder, Request for Comment Zhang, President (Qualifying Board of Members, Application Type: Comments are invited on: (a) Whether Individual), Application Type: New QI Change. the collection of information is NVO & OFF License. UPS Ocean Freight Services, Inc. (NVO), necessary for the proper performance of Cargo One, Inc. (NVO), 970 West 190th 12380 Morris Road, Alpharetta, GA the FDIC’s functions, including whether Street, Suite 580, Torrance, CA 90502, 30005, Officers: Steven S. McMichael, the information has practical utility; (b) Officers: Yoji Kurita, President Assistant Secretary (Qualifying the accuracy of the estimates of the (Qualifying Individual), Turo Toda, Individual), Kurt Keuhn, Treasurer, burden of the information collection, Managing Director, Application Type: Application Type: QI Change. including the validity of the Transfer to NTL Naigai Trans Line UPS Supply Chain Solutions, Inc. methodology and assumptions used; (c) (USA) Inc. dba NTL Cargo One. (OFF), 12380 Morris Road, Alpharetta, ways to enhance the quality, utility, and CJ Services International Corp. (NVO), GA 30005, Officers: Steven S. clarity of the information to be 10257 NW 52nd Terrace, Doral, FL McMichael, Assistant Secretary collected; and (d) ways to minimize the 33178, Officers: Carla L. Imach, (Qualifying Individual), Dan Brutto, burden of the information collection on President (Qualifying Individual), President, Application Type: QI respondents, including through the use Alexis J. Artman, Vice President, Change. of automated collection techniques or Application Type: New NVO License. USCOM Logistics, Inc. (NVO & OFF), other forms of information technology. Federal Forwarding Company (OFF), 1420 Francisco Street, Torrance, CA All comments will become a matter of 1701 Florida Avenue NW., 90501, Officers: Seo B. Ha, Vice public record. Washington, DC 20009, Officers: President (Qualifying Individual),

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Chung J. Park, President, Application Address: 175–01 Rockaway Blvd., previously announced advisory Type: QI Change. Suite 228, Jamaica, NY 11434. committee meeting cannot always be Your Connexion, Inc. (NVO & OFF), Date Revoked: July 15, 2012. published quickly enough to provide 13280 SW 131 Street, #108, Miami, FL Reason: Failed to maintain a valid timely notice. Therefore, you should 33186, Officers: Mauricio R. Valencia, bond. always check the Agency’s Web site at President (Qualifying Individual), http://www.fda.gov/Advisory Vern W. Hill, Mauricio J. Valencia, Secretary, Committees/Calendar/default.htm and Application Type: New NVO & OFF Director, Bureau of Certification and scroll down to the appropriate advisory Licensing. License. committee meeting link, or call the [FR Doc. 2012–20081 Filed 8–15–12; 8:45 am] Dated: August 10, 2012. advisory committee information line to BILLING CODE 6730–01–P learn about possible modifications By the Commission. before coming to the meeting. Karen V. Gregory, Agenda: The committee will provide Secretary. DEPARTMENT OF HEALTH AND advice and recommendations to the [FR Doc. 2012–20080 Filed 8–15–12; 8:45 am] HUMAN SERVICES Agency on the need for and design of BILLING CODE 6730–01–P clinical development programs Food and Drug Administration necessary to support approval of [Docket No. FDA–2012–N–0001] parenteral lipid emulsion products as FEDERAL MARITIME COMMISSION nutritional support. Gastrointestinal Drugs Advisory FDA intends to make background Ocean Transportation Intermediary Committee; Notice of Meeting material available to the public no later License Reissuances than 2 business days before the meeting. AGENCY: Food and Drug Administration, If FDA is unable to post the background The Commission gives notice that the HHS. following Ocean Transportation material on its Web site prior to the ACTION: Notice. Intermediary license has been reissued meeting, the background material will be made publicly available at the pursuant to section 40901 of the This notice announces a forthcoming Shipping Act of 1984 (46 U.S.C. 40101). location of the advisory committee meeting of a public advisory committee meeting, and the background material License No.: 023327N. of the Food and Drug Administration Name: G & F West Indies Shipping, will be posted on FDA’s Web site after (FDA). The meeting will be open to the the meeting. Background material is Inc. public. Address: 1416 Blue Hill Avenue, available at http://www.fda.gov/ Name of Committee: Gastrointestinal AdvisoryCommittees/Calendar/default. Boston, MA 02125. Drugs Advisory Committee. Date Reissued: June 26, 2012. htm. Scroll down to the appropriate General Function of the Committee: advisory committee meeting link. Vern W. Hill, To provide advice and Procedure: Interested persons may Director, Bureau of Certification and recommendations to the Agency on present data, information, or views, Licensing. FDA’s regulatory issues. orally or in writing, on issues pending [FR Doc. 2012–20079 Filed 8–15–12; 8:45 am] DATES: Date and Time: The meeting will before the committee. Written BILLING CODE 6730–01–P be held on October 15, 2012, from 8 a.m. submissions may be made to the contact to 5 p.m. person on or before September 28, 2012. Location: FDA White Oak Campus, Oral presentations from the public will FEDERAL MARITIME COMMISSION Building 31, the Great Room, White Oak be scheduled between approximately 1 Conference Center (Rm. 1503), 10903 p.m. and 2 p.m. Those individuals Ocean Transportation Intermediary New Hampshire Ave., Silver Spring, MD interested in making formal oral License Revocations 20993–0002. Information regarding presentations should notify the contact special accommodations due to a The Commission gives notice that the person and submit a brief statement of disability, visitor parking, and following Ocean Transportation the general nature of the evidence or transportation may be accessed at: Intermediary licenses have been arguments they wish to present, the http://www.fda.gov/Advisory revoked pursuant to section 40901 of names and addresses of proposed Committees/default.htm; under the the Shipping Act of 1984 (46 U.S.C. participants, and an indication of the heading ‘‘Resources for You,’’ click on 40101) effective on the date shown. approximate time requested to make License No.: 009931N. ‘‘Public Meetings at the FDA White Oak their presentation on or before Name: Westwind Transportation Campus.’’ Please note that visitors to the September 20, 2012. Time allotted for Services, Inc. dba Westwind Container White Oak Campus must enter through each presentation may be limited. If the Line. Building 1. number of registrants requesting to Address: 1225 West 190th Street, Contact Person: Cindy Hong, Center speak is greater than can be reasonably Suite 300, Gardena, CA 90248. for Drug Evaluation and Research, Food accommodated during the scheduled Date Revoked: July 16, 2012. and Drug Administration, 10903 New open public hearing session, FDA may Reason: Failed to maintain a valid Hampshire Ave., Bldg. 31, Rm. 2528, conduct a lottery to determine the bond. Silver Spring, MD 20993–0002, 301– speakers for the scheduled open public License No.: 022365F. 796–9001, FAX 301–847–8533, email: hearing session. The contact person will Name: IVI Freight Systems Inc. [email protected], or FDA Advisory notify interested persons regarding their Address: 9112 NW 120th Terrace, Committee Information Line, 1–800– request to speak by September 21, 2012. Hialeah Gardens, FL 33018. 741–8138 (301–443–0572 in the Persons attending FDA’s advisory Date Revoked: July 28, 2012. Washington, DC area), to find out committee meetings are advised that the Reason: Failed to maintain a valid further information regarding FDA Agency is not responsible for providing bond. advisory committee information. A access to electrical outlets. License No.: 022773F. notice in the Federal Register about last FDA welcomes the attendance of the Name: WLI (USA) Inc. minute modifications that impact a public at its advisory committee

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meetings and will make every effort to Contact Person: Paul Tran, Center for participants, and an indication of the accommodate persons with physical Drug Evaluation and Research, Food approximate time requested to make disabilities or special needs. If you and Drug Administration, 10903 New their presentation on or before require special accommodations due to Hampshire Ave., WO31–2417, Silver September 24, 2012. Time allotted for a disability, please contact Cindy Hong Spring, MD 20993–0002, (301) 796– each presentation may be limited. If the at least 7 days in advance of the 9001, Fax: (301) 847–8533, email: number of registrants requesting to meeting. [email protected], or FDA Advisory speak is greater than can be reasonably FDA is committed to the orderly Committee Information Line, 1–800– accommodated during the scheduled conduct of its advisory committee 741–8138 (301–443–0572 in the open public hearing session, FDA may meetings. Please visit our Web site at Washington, DC area), to find out conduct a lottery to determine the http://www.fda.gov/Advisory further information regarding FDA speakers for the scheduled open public Committees/AboutAdvisoryCommittees/ advisory committee information. A hearing session. The contact person will ucm111462.htm for procedures on notice in the Federal Register about last notify interested persons regarding their public conduct during advisory minute modifications that impact a request to speak by September 25, 2012. committee meetings. previously announced advisory Persons attending FDA’s advisory Notice of this meeting is given under committee meeting cannot always be committee meetings are advised that the the Federal Advisory Committee Act (5 published quickly enough to provide Agency is not responsible for providing U.S.C. app. 2). timely notice. Therefore, you should access to electrical outlets. always check the Agency’s Web site at Dated: August 10, 2012. FDA welcomes the attendance of the http://www.fda.gov/Advisory Leslie Kux, public at its advisory committee Committees/Calendar/default.htm and meetings and will make every effort to Assistant Commissioner for Policy. scroll down to the appropriate advisory accommodate persons with physical [FR Doc. 2012–20103 Filed 8–15–12; 8:45 am] committee meeting link, or call the disabilities or special needs. If you BILLING CODE 4160–01–P advisory committee information line to require special accommodations due to learn about possible modifications a disability, please contact Paul Tran at before coming to the meeting. least 7 days in advance of the meeting. DEPARTMENT OF HEALTH AND Agenda: The committee will discuss FDA is committed to the orderly HUMAN SERVICES new drug application (NDA) 203568, conduct of its advisory committee mipomersen injection, by Genzyme Food and Drug Administration meetings. Please visit our Web site at Corporation. The proposed indication http://www.fda.gov/Advisory [Docket No. FDA–2012–N–0001] (use) is as an adjunct to maximally Committees/AboutAdvisoryCommittees/ tolerated lipid-lowering medications ucm111462.htm for procedures on Endocrinologic and Metabolic Drugs and diet to reduce low-density public conduct during advisory Advisory Committee; Notice of Meeting lipoprotein (LDL) cholesterol, committee meetings. apolipoprotein B, total cholesterol, non- AGENCY: Notice of this meeting is given under Food and Drug Administration, high density lipoprotein-cholesterol and HHS. the Federal Advisory Committee Act (5 lipoprotein (a) in patients with U.S.C. app. 2). ACTION: Notice. homozygous familial hypercholesterolemia. Dated: August 10, 2012. This notice announces a forthcoming FDA intends to make background Leslie Kux, meeting of a public advisory committee material available to the public no later Assistant Commissioner for Policy. of the Food and Drug Administration than 2 business days before the meeting. (FDA). The meeting will be open to the [FR Doc. 2012–20104 Filed 8–15–12; 8:45 am] If FDA is unable to post the background BILLING CODE 4160–01–P public. material on its Web site prior to the Name of Committee: Endocrinologic meeting, the background material will and Metabolic Drugs Advisory be made publicly available at the DEPARTMENT OF HEALTH AND Committee. location of the advisory committee HUMAN SERVICES General Function of the Committee: meeting, and the background material To provide advice and will be posted on FDA’s Web site after Food and Drug Administration recommendations to the Agency on the meeting. Background material is [Docket No. FDA–2012–N–0001] FDA’s regulatory issues. available at http://www.fda.gov/ DATES: Date and Time: The meeting will AdvisoryCommittees/Calendar/default. Endpoints for Clinical Trials in Kidney be held on October 18, 2012, from 8 a.m. htm. Scroll down to the appropriate Transplantation; Public Workshop to 5 p.m. advisory committee link. Location: FDA White Oak Campus, Procedure: Interested persons may AGENCY: Food and Drug Administration, Building 31, the Great Room, White Oak present data, information, or views, HHS. Conference Center (Rm. 1503), 10903 orally or in writing, on issues pending ACTION: Notice of public workshop. New Hampshire Ave., Silver Spring, MD before the committee. Written 20993–0002. Information regarding submissions may be made to the contact The Food and Drug Administration special accommodations due to a person on or before October 2, 2012. (FDA) is announcing a public workshop disability, visitor parking, and Oral presentations from the public will to discuss the endpoints for clinical transportation may be accessed at: be scheduled between approximately 1 trials of drugs and therapeutic biologics http://www.fda.gov/Advisory p.m. and 2 p.m. Those individuals in kidney transplantation. This public Committees/default.htm; under the interested in making formal oral workshop is intended to provide heading ‘‘Resources for You,’’ click on presentations should notify the contact information and gain perspective from ‘‘Public Meetings at the FDA White Oak person and submit a brief statement of health care providers, academia, and Campus.’’ Please note that visitors to the the general nature of the evidence or industry on the role of various clinical, White Oak Campus must enter through arguments they wish to present, the laboratory, histologic, genomic/ Building 1. names and addresses of proposed proteomic, safety, and other endpoints

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used to evaluate patient and allograft • Measures of safety, including discuss the informed consent process outcome in clinical trials of kidney cardiovascular and metabolic outcomes; and informed consent documents; transplantation. The meeting will • Medication adherence; and regulation, relating to drugs, devices, include a discussion of measure of • Consideration of composite and biologics; as well as inspections of patient and graft survival, evaluation of endpoints. clinical investigators, of IRB, and the allograft by histology and The Agency encourages individuals, research sponsors. biomarkers, glomerular filtration rate or patient advocates, industry, consumer Date and Time: The public workshop other measures of renal function, groups, health care professionals, will be held on November 14 and 15, evaluation of safety, and other topics. researchers, and other interested 2012, from 8 a.m. to 5 p.m. The input from this public workshop persons to attend this public workshop. Location: The public workshop will will help in developing topics for Transcripts: Please be advised that as be held at the Radisson Plaza Lord further discussion and may serve to soon as a transcript is available, it will Baltimore Hotel, 20 West Baltimore St., inform recommendations on potential be accessible at http:// Baltimore, MD 21201, 410–539–8400. endpoints in clinical trials of kidney www.regulations.gov. It may be viewed Attendees are responsible for their own transplantation. at the Division of Dockets Management accommodations. Please mention Date and Time: The public workshop (HFA–305), Food and Drug SoCRA to receive the hotel room rate of will be held on September 10, 2012, Administration, 5630 Fishers Lane, rm. $129.00 plus applicable taxes (available from 9 a.m. to 6 p.m., and on September 1061, Rockville, MD 20852. A transcript until October 13, 2012, or until the 11, 2012, from 8 a.m. to 3 p.m. will also be available in either hardcopy SoCRA room block is filled). Location: The public workshop will or on CD–ROM, after submission of a Contact: Cynthia A. Harris, Food and be held at the Sheraton Silver Spring Freedom of Information request. Written Drug Administration, 6000 Metro Dr., Hotel, 8777 Georgia Ave., Silver Spring, requests are to be sent to Division of Suite 101, Baltimore, MD 21215, 410– MD 20910, 301–589–0800. Seating is Freedom of Information (ELEM–1029), 779–5133, FAX: 410–779–5705; or limited and available only on a first- Food and Drug Administration, 12420 Society of Clinical Research Associates come, first-served basis. Parklawn Dr., Element Bldg., Rockville, (SoCRA), 530 West Butler Ave., Suite CONTACT PERSON FOR MORE INFORMATION: MD 20857. Transcripts will also be 109, Chalfont, PA 18914, 800–762–7292 Christine Moser or Ramou Mauer, available on the Internet at http:// or 215–822–8644; Fax: 215–822–8633, Center for Drug Evaluation and www.fda.gov/Drugs/NewsEvents/ email: [email protected], Web site: Research, Food and Drug ucm305308.htm approximately 45 days http://www.socra.org. Administration, 10903 New Hampshire after the workshop. Registration: The registration fee will Ave., Bldg. 22, Rm. 6209, Silver Spring, Dated: August 10, 2012. cover actual expenses including MD 20993–0002, 301–796–1300 or 301– refreshments, lunch, materials, and Leslie Kux, 796–1600. speaker expenses. Seats are limited; Registration: Registration is free for Assistant Commissioner for Policy. please submit your registration as soon the public workshop. Interested parties [FR Doc. 2012–20105 Filed 8–15–12; 8:45 am] as possible. Workshop space will be are encouraged to register early because BILLING CODE 4160–01–P filled in order of receipt of registration. space is limited. Seating will be Those accepted into the public available on a first-come, first-served workshop will receive confirmation. basis. To register electronically, email DEPARTMENT OF HEALTH AND The cost of the registration is as follows: registration information (including HUMAN SERVICES name, title, firm name, address, COST OF REGISTRATION telephone, and fax number) to Food and Drug Administration [email protected]. Persons without [Docket No. FDA–2012–N–0001] SoCRA member ...... $575.00. access to the Internet can call Christine SoCRA nonmember (in- $650.00. Moser, 301–796–1300, or Ramou Mauer, Food and Drug Administration Clinical cludes membership). 301–796–1600, to register. Trial Requirements, Compliance, and Federal Government $525.00. Persons needing a sign language Good Clinical Practice; Public SoCRA member. interpreter or other special Workshop Federal Government $450.00. accommodations should notify SoCRA nonmember. Christine Moser or Ramou Mauer (see AGENCY: Food and Drug Administration, FDA Employee ...... Fee Waived. CONTACT PERSON FOR MORE INFORMATION) HHS. at least 7 days in advance. ACTION: Notice of public workshop. If you need special accommodations SUPPLEMENTARY INFORMATION: FDA is due to a disability, please contact announcing a public workshop The Food and Drug Administration SoCRA or Cynthia Harris (see Contact) regarding potential clinical or surrogate (FDA), Baltimore District Office, in at least 21 days in advance. endpoints and biomarkers for clinical cosponsorship with the Society of Extended periods of question and trials of drugs and therapeutic biologics Clinical Research Associates (SoCRA), is answer and discussion have been in kidney transplantation. This public announcing a public workshop. The included in the program schedule. workshop will include scientific public workshop on FDA’s clinical trial SoCRA designates this education discussion on the following topics: requirements is designed to aid the activity for a maximum of 13.3 • Patient and graft survival; clinical research professional’s Continuing Education (CE) Credits for • Allograft rejection, both cellular understanding of the mission, SoCRA CE and continuing nurse and antibody-mediated, injury, and responsibilities, and authority of the education (CNE). SoCRA designates this recurrent disease; FDA and to facilitate interaction with educational activity for a maximum of • Glomerular filtration rate, FDA representatives. The program will 13.3 American Medical Association proteinuria, and other measures of renal focus on the relationships among FDA Physician’s Recognition Award Category function; and clinical trial staff, investigators, and 1 Credit(s)TM. Physicians should claim • Proteomic, genomic, and institutional review boards (IRB). only the credit commensurate with the immunologic biomarkers; Individual FDA representatives will extent of their participation. SoCRA is

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accredited by the Accreditation Council of FDA-regulated drugs and devices. SoCRA to receive the hotel room rate of for Continuing Medical Education to The public workshop helps to achieve $145 plus applicable taxes (available provide continuing medical education objectives set forth in section 406 of the until February 3, 2013, or until the for physicians. SoCRA is an approved FDA Modernization Act of 1997 (21 SoCRA room block is filled). provider of CNE by the Pennsylvania U.S.C. 393) which includes working Contact: David Arvelo, Office of State Nurses Association (PSNA), an closely with stakeholders and Regulatory Affairs, Food and Drug accredited approver by the American maximizing the availability and clarity Administration, Southwest Regional Nurses Credentialing Center’s of information to stakeholders and the Office, 4040 North Central Expressway, Commission on Accreditation (ANCC). public. The public workshop also is Suite 900, Dallas, TX 75204, 214–253– ANCC/PSNA Provider Reference consistent with the Small Business 4952, Fax: 214–253–4970, email: Number: 205–3–1–09. Regulatory Enforcement Fairness Act of [email protected] or SoCRA, Registration Instructions: To register, 1996 (Pub. L. 104–121) as outreach 530 West Butler Ave., Suite 109, please submit a registration form with activities by Government Agencies to Chalfont, PA 18914, 800–762–7292, your name, affiliation, mailing address, small businesses. FAX: 215–822–8633, email: [email protected], Web site: http:// telephone, fax number, and email, along Dated: August 8, 2012. www.SoCRA.org. with a check or money order payable to Leslie Kux, ‘‘SoCRA’’. Mail to: SoCRA (see Contact Registration: The registration fee Assistant Commissioner for Policy. for address). To register via the Internet, covers the cost of actual expenses, go to http://socra.org/html/ [FR Doc. 2012–19851 Filed 8–15–12; 8:45 am] including refreshments, lunch, FDA_Conference.htm. (FDA has verified BILLING CODE 4160–01–P materials, and speaker expenses. Seats the Web site addresses throughout this are limited; please submit your document, but we are not responsible registration as soon as possible. DEPARTMENT OF HEALTH AND for any subsequent changes to the Web Workshop space will be filled in order HUMAN SERVICES sites after this document is published in of receipt of registration. Those accepted into the workshop will receive the Federal Register.) Food and Drug Administration Payment by major credit card is confirmation. The cost of registration is accepted (Visa/MasterCard/AMEX [Docket No. FDA–2012–N–0001] as follows: only). For more information on the SoCRA member, $575.00 meeting registration, or for questions on Food and Drug Administration Clinical SoCRA nonmember (includes membership), the public workshop, contact SoCRA Trial Requirements, Compliance, and $650.00 Federal Government SoCRA member, (see Contact). Good Clinical Practice; Public Workshop $450.00 SUPPLEMENTARY INFORMATION: The Federal Government SoCRA nonmember, public workshop helps fulfill the AGENCY: Food and Drug Administration, $525.00 Department of Health and Human HHS. FDA Employee, Fee Waived Services’ and FDA’s important mission ACTION: Notice of public workshop. If you need special accommodations to protect the public health. The public due to a disability, please contact workshop will provide those engaged in The Food and Drug Administration SoCRA (see Contact) at least 21 days in FDA-regulated (human) clinical trials (FDA), Office of Regulatory Affairs advance. with information on a number of topics (ORA), Dallas District Office, in co- Extended periods of question and concerning FDA requirements related to sponsorship with the Society of Clinical answer and discussion have been informed consent, clinical investigation Research Associates (SoCRA) is included in the program schedule. requirements, IRB inspections, announcing a public workshop. The SoCRA designates this educational electronic record requirements, and public workshop on FDA’s clinical trial activity for a maximum of 13.3 investigator initiated research. Topics requirements is designed to aid the Continuing Education (CE) credits for for discussion include the following: (1) clinical research professional’s SoCRA CE and Nurse continuing Are We There Yet?; (2) What FDA understanding of the mission, nursing education (CNE). SoCRA Expects in a Pharmaceutical Clinical responsibilities, and authority of FDA designates this educational activity for a Trial; (3) Medical Device Aspects of and to facilitate interaction with FDA maximum of 13.3 American Medical Clinical Research; (4) Adverse Event representatives. The program will focus Association Physicians Recognition Reporting—Science, Regulation, Error, on the relationships among FDA and Award Category 1 Credit(s)TM. and Safety; (5) Working With FDA’s clinical trial staff, investigators, and Physicians should claim credit Center for Biologics Evaluation and institutional review boards (IRBs). commensurate with the extent of their Research; (6) Ethical Issues in Subject Individual FDA representatives will participation. SoCRA is accredited by Enrollment; (7) Keeping Informed and discuss the informed consent process the Accreditation Council for Working Together; (8) FDA Conduct of and informed consent documents; Continuing Medical Education to Clinical Investigator Inspections; (9) regulations relating to drugs, devices, provide continuing medical education Investigator Initiated Research; (10) and biologics; as well as inspections of for physicians. SoCRA is an approved Meetings with FDA—Why, When, and clinical investigators, IRBs, and research provider of CNE by the Pennsylvania How; (11) Part 11 Compliance— sponsors. State Nurses Association (PSNA), an Electronic Signatures; (12) IRB Date and Time: The public workshop accredited approver by the American Regulations and FDA Inspections; (13) will be held on March 6 and 7, 2013, Nurses Credentialing Center’s Informed Consent Regulations; and (14) from 8 a.m. to 5 p.m. Commission on Accreditation (ANCC). The Inspection Is Over—What Happens Location: The public workshop will ANCC/PSNA Provider Reference Next? Possible FDA Compliance be held at the Sheraton Dallas Hotel, Number: 205–3–A–09. Actions. 400 North Olive St., Dallas, TX 75201, Registration Instructions: To register, FDA has made education of the drug 214–922–8000. please submit a registration form with and device manufacturing community a Attendees are responsible for their your name, affiliation, mailing address, high priority to help ensure the quality own accommodations. Please mention phone, fax number, and email, along

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with a check or money order payable to activities by Government Agencies to interpreter or other special ‘‘SoCRA’’. Mail to: SoCRA (see Contact small businesses. accommodations should notify for address). To register via the Internet, Dated: August 8, 2012. Christine Moser or Lori Benner (see CONTACT PERSON FOR MORE INFORMATION) go to http://www.socra.org/html/ Leslie Kux, FDA_Conference.htm. (FDA has verified at least 7 days in advance. Assistant Commissioner for Policy. the Web site address, but we are not Transcripts: Please be advised that as responsible for any subsequent changes [FR Doc. 2012–19852 Filed 8–15–12; 8:45 am] soon as a transcript is available, it will to the Web site after this document is BILLING CODE 4160–01–P be accessible at http:// published in the Federal Register.) www.regulations.gov. It may be viewed Payment by major credit card is at the Division of Dockets Management DEPARTMENT OF HEALTH AND (HFA–305), Food and Drug accepted (Visa/MasterCard/AMEX HUMAN SERVICES only). For more information on the Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD. A transcript will meeting registration, or for questions on Food and Drug Administration also be available in either hardcopy or the workshop, contact SoCRA (see [Docket No. FDA–2012–N–0001] on CD–ROM after submission of a Contact). Freedom of Information request. Written Issues in the Design of Clinical Trials SUPPLEMENTARY INFORMATION: The requests should be sent to Division of public conference helps fulfill the of Antibacterial Drugs for the Freedom of Information (ELEM–1029), Department of Health and Human Treatment of Non-Cystic Fibrosis Food and Drug Administration, 12420 Services’ and FDA’s important mission Bronchiectasis; Public Workshop Parklawn Dr., Element Bldg., Rockville, to protect the public health. The AGENCY: Food and Drug Administration, MD 20857. Transcripts will also be workshop will provide those engaged in HHS. available on the Internet (http:// www.fda.gov/Drugs/NewsEvents/ FDA-regulated (human) clinical trials ACTION: Notice of public workshop. with information on a number of topics ucm305463.htm) approximately 45 days concerning FDA requirements related to SUMMARY: The Food and Drug after the workshop. informed consent, clinical investigation Administration (FDA) is announcing a SUPPLEMENTARY INFORMATION: FDA is requirements, IRB inspections, public workshop focusing on the design announcing a public workshop focusing electronic record requirements, and of clinical trials of antibacterial drugs on scientific considerations in the investigator initiated research. Topics for the treatment of non-cystic fibrosis design of clinical trials of antibacterial for discussion include the following: (1) (non-CF) bronchiectasis. This public agents for the treatment of non-CF What FDA Expects in a Pharmaceutical workshop is intended to provide bronchiectasis. Discussions will focus Clinical Trial; (2) Adverse Event information for, and gain perspective on natural history; patient populations Reporting—Science, Regulation, Error, from, health care providers, patients and for enrollment in clinical trials; current and Safety; (3) Part 11 Compliance— patient advocacy organizations, standard of care and unmet need; Electronic Signatures; (4) Informed academia, and industry on various clinical trial endpoints, including Consent Regulations; (5) IRB aspects of the design of clinical trials. exacerbation and patient-reported Regulations and FDA Inspections; (6) The input from this public workshop outcomes; and clinical trial design Keeping Informed and Working will useful in developing topics for elements, including duration of Together; (7) FDA Conduct of Clinical further discussion. treatment and patient followup. Investigator Inspections; (8) Meetings Date and Time: The public workshop FDA encourages individuals, patient With FDA: Why, When, and How; (9) will be held on September 7, 2012, from advocates, industry, consumer groups, Investigator Initiated Research; (10) 8 a.m. to 3:30 p.m. health care professionals, researchers, Medical Device Aspects of Clinical Location: The public workshop will and other interested persons to attend Research; (11) Working With FDA’s be held at the Sheraton Silver Spring this public workshop. Center for Biologics Evaluation and Hotel, 8777 Georgia Ave., Silver Spring, Dated: August 10, 2012. Research; (12) The Inspection Is Over— MD 20910. The hotel’s phone number is Leslie Kux, What Happens Next? Possible FDA 301–589–0800. Seating is limited and Assistant Commissioner for Policy. available on a first-come, first-served Compliance Actions; (13) Ethical Issues [FR Doc. 2012–20106 Filed 8–15–12; 8:45 am] in Subject Enrollment; (14) Medical basis. BILLING CODE 4160–01–P Device Aspects of Clinical Research; CONTACT PERSON FOR MORE INFORMATION: and (15) Are We There Yet? An Christine Moser or Lori Benner, Center Overview of the FDA Good Clinical for Drug Evaluation and Research, Food DEPARTMENT OF HEALTH AND Practice Program. and Drug Administration, 10903 New HUMAN SERVICES FDA has made education of the drug Hampshire Ave., Bldg. 22, rm. 6204, and device manufacturing community a Silver Spring, MD 20993–0002, 301– National Institutes of Health high priority to help ensure the quality 796–1300. National Cancer Institute; Notice of of FDA-regulated drugs and devices. Registration: Registration is free for Closed Meetings The public workshop helps to achieve the public workshop. Interested parties objectives set forth in section 406 of the are encouraged to register early. Seating Pursuant to section 10(d) of the FDA Modernization Act of 1997 (21 will be available on a first-come, first- Federal Advisory Committee Act, as U.S.C. 393), which includes working served basis. To register electronically, amended (5 U.S.C. App.), notice is closely with stakeholders and email your registration information hereby given of the following meetings. maximizing the availability and clarity (including name, title, firm name, The meetings will be closed to the of information to stakeholders and the address, telephone, and fax number) to public in accordance with the public. The public workshop also is [email protected]. provisions set forth in sections consistent with the Small Business Those without access to the Internet 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Regulatory Enforcement Fairness Act of may call 301–796–1300 to register. as amended. The grant applications and 1996 (Pub. L. 104–121) as outreach Persons needing a sign language the discussions could disclose

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confidential trade secrets or commercial MD 20892 301–451–9385 Conflict: Biodata Analysis and Biosystems property such as patentable material, [email protected]. Modeling. and personal information concerning Name of Committee: National Cancer Date: September 12, 2012. individuals associated with the grant Institute Special Emphasis Panel; Core Time: 2 p.m. to 5 p.m. Infrastructure and Methodological Research Agenda: To review and evaluate grant applications, the disclosure of which applications. would constitute a clearly unwarranted for Cancer Epidemiology Cohorts. Date: October 31, 2012. Place: National Institutes of Health, 6701 invasion of personal privacy. Time: 11 a.m. to 1 p.m. Rockledge Drive, Bethesda, MD 20892 Name of Committee: National Cancer Agenda: To review and evaluate grant (Telephone Conference Call). Institute Special Emphasis Panel; Small applications. Contact Person: Kee Hyang Pyon, Ph.D., Grants for Behavioral Research in Cancer Place: National Institutes of Health 6120 Scientific Review Officer, Center for Control. Executive Blvd. Rockville, MD 20852, Scientific Review, National Institutes of Date: September 18–19, 2012.. (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5148, Time: 9 a.m. to 12 p.m. Contact Person: Kenneth L. Bielat, Ph.D. MSC 7806, Bethesda, MD 20892, Agenda: To review and evaluate grant Scientific Review Officer, Special Review [email protected]. applications. Logistics Branch, Division of Extramural Name of Committee: Center for Scientific Place: National Institutes of Health, 6130 Activities, National Cancer Institute, 6116 Review Special Emphasis Panel; Member Executive Blvd., Rockville, MD 20852, Executive Boulevard, Room 7147, Bethesda, Conflict: Neurobiology of Integrative Brain (Telephone Conference Call). MD 20892–8329, 301–496–7576, Functions. Contact Person: Gerald G. Lovinger, Ph.D., [email protected]. Date: September 17, 2012. Time: 2:30 p.m. to 5 p.m. Scientific Review Officer, Special Review Information is also available on the Agenda: To review and evaluate grant and Logistics Branch, Division Of Extramural Institute’s/Center’s home page: http:// applications. Activities, National Cancer Institute, NIH, deainfo.nci.nih.gov/advisory/sep/sep.htm, Place: National Institutes of Health, 6701 6116 Executive Blvd., Room 8101, Bethesda, where an agenda and any additional Rockledge Drive, Bethesda, MD 20892 MD 20892–8329, 301–496–7987, information for the meeting will be posted [email protected]. (Virtual Meeting) when available. Contact Person: Wei-Qin Zhao, Ph.D., Name of Committee: National Cancer (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Institute Special Emphasis Panel; NCI Program Nos. 93.392, Cancer Construction; Scientific Review, National Institutes of REVIEW of P50 and R01 applications in 93.393, Cancer Cause and Prevention Health, 6701 Rockledge Drive, Room 5181 Lung, Skin, Ovarian, Pancreatic and Research; 93.394, Cancer Detection and MSC 7846, Bethesda, MD 20892–7846, 301– Gastrointestinal Cancers. Diagnosis Research; 93.395, Cancer 435–1236, [email protected]. Date: September 19–20, 2012. Treatment Research; 93.396, Cancer Biology Time: 8 a.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; Program Nos. 93.306, Comparative Medicine; Agenda: To review and evaluate grant 93.398, Cancer Research Manpower; 93.399, applications. 93.333, Clinical Research, 93.306, 93.333, Cancer Control, National Institutes of Health, 93.337, 93.393–93.396, 93.837–93.844, Place: Hilton Washington/Rockville, 1750 HHS) Rockville Pike, Rockville, MD 20852. 93.846–93.878, 93.892, 93.893, National Contact Person: Caron A Lyman, Ph.D., Dated: August 13, 2012. Institutes of Health, HHS) Scientific Review Officer, Research Programs Melanie J. Gray, Dated: August 13, 2012. Review Branch, Division of Extramural Program Analyst, Office of Federal Advisory Melanie J. Gray, Activities, National Cancer Institute, NIH, Committee Policy. Program Analyst, Office of Federal Advisory 6116 Executive Blvd., Room 8119, Bethesda, [FR Doc. 2012–20159 Filed 8–15–12; 8:45 am] Committee Policy. MD 20892–8328, 301–451–4761, [email protected]. BILLING CODE 4140–01–P [FR Doc. 2012–20158 Filed 8–15–12; 8:45 am] Name of Committee: National Cancer BILLING CODE 4140–01–P Institute Special Emphasis Panel; NCI SPORE II. DEPARTMENT OF HEALTH AND Date: September 19–20, 2012. HUMAN SERVICES DEPARTMENT OF HOMELAND Time: 8 a.m. to 5 p.m. SECURITY Agenda: To review and evaluate grant National Institutes of Health applications. Center for Scientific Review; Notice of U.S. Citizenship and Immigration Place: Hilton Washington/Rockville, 1750 Services Rockville Pike, Rockville, MD 20852. Closed Meetings Contact Person: Wlodek Lopaczynski, MD, [OMB Control Number 1615–NEW] Ph.D., Scientific Review Officer, Research Pursuant to section 10(d) of the Programs Review Branch, Division of Federal Advisory Committee Act, as Agency Information Collection Extramural Activities, National Cancer amended (5 U.S.C. App.), notice is Activities: Consideration of Deferred Institute, NIH, 6116 Executive Blvd. Room hereby given of the following meetings. Action for Childhood Arrivals, Form I– 8131, Bethesda, MD 20892, 301–594–1402, The meetings will be closed to the 821D, New Information Collection; [email protected]. public in accordance with the Emergency Submission to the Office of Name of Committee: National Cancer provisions set forth in sections Management and Budget; Comment Institute Special Emphasis Panel; Emerging Request Technologies in Biospecimen Science. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Date: October 24, 2012. ACTION: the discussions could disclose 30-Day Notice of Information Time: 12 p.m. to 5 p.m. Collection Under Review. Agenda: To review and evaluate grant confidential trade secrets or commercial applications. property such as patentable material, The Department of Homeland Place: National Institutes of Health, 6116 and personal information concerning Security (DHS), U.S. Citizenship and Executive Boulevard, Rockville, MD 20852, individuals associated with the grant Immigration Services (USCIS), (Telephone Conference Call). applications, the disclosure of which submitted the following emergency Contact Person: Donald L Coppock, Ph.D., would constitute a clearly unwarranted Scientific Review Officer, Scientific Review information collection request, utilizing and Logistics Branch, Division of Extramural invasion of personal privacy. emergency review procedures, to the Activities, National Cancer Institute, NIH Name of Committee: Center for Scientific Office of Management and Budget 6116 Executive Blvd., Room 7151 Bethesda, Review Special Emphasis Panel; Member (OMB) for review and clearance in

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accordance with the Paperwork (1) Evaluate whether the collection of 7. Have not been convicted of a Reduction Act of 1995 (Pub. L. 104–13, information is necessary for the proper felony, significant misdemeanor, three 44 U.S.C. 35). The purpose of this notice performance of the functions of the or more other misdemeanors, and do not is to allow 30 days for public comments. agency, including whether the otherwise pose a threat to national Comments are encouraged and will be information will have practical utility; security or public safety. accepted until September 17, 2012. This (2) Evaluate the accuracy of the These individuals will be considered process is conducted in accordance with agency’s estimate of the burden of the 5 CFR 1320.10 and 5 CFR 1320.13. collection of information, including the for relief from removal from the United Written comments and/or suggestions validity of the methodology and States or from being placed into removal regarding the item(s) contained in this assumptions used; proceedings as part of the deferred notice, especially regarding the (3) Enhance the quality, utility, and action for childhood arrivals process. estimated public burden and associated clarity of the information to be Those who submit requests with USCIS response time, should be directed to collected; and and demonstrate that they meet the DHS, and to the Office of Information (4) Minimize the burden of the threshold guidelines may have removal and Regulatory Affairs, OMB, USCIS collection of information on those who action in their case deferred for a period Desk Officer. Comments may be are to respond, including through the of two years, subject to renewal (if not submitted to: USCIS, Chief, Regulatory use of appropriate automated, terminated), based on an individualized, Coordination Division, Office of Policy electronic, mechanical, or other case by case assessment of the and Strategy, 20 Massachusetts Avenue technological collection techniques, or individual’s equities. Only those NW., Washington, DC 20529–2020. other forms of information technology, individuals who can demonstrate, Comments may also be submitted to e.g., permitting electronic submission of through verifiable documentation, that DHS via email at responses. they meet the threshold guidelines will [email protected] or via the be considered for deferred action for Federal eRulemaking Portal at Overview of This Information Collection childhood arrivals, except in www.Regulations.gov under e-Docket ID exceptional circumstances. number USCIS–2012–0012, and to the (1) Type of Information Collection: OMB USCIS Desk Officer via facsimile New information collection. (5) An estimate of the total number of at 202–395–5806 or via email at (2) Title of the Form/Collection: respondents and the amount of time [email protected]. All Consideration of Deferred Action for estimated for an average respondent to submissions received must include the Childhood Arrivals. respond: 1,041,300 responses at 2 hours agency name and e-Docket ID. When (3) Agency form number, if any, and and 45 minutes (2.75 hours) per submitting comments by email please the applicable component of the response. Department of Homeland Security make sure to add ‘‘Request for Deferred (6) An estimate of the total public sponsoring the collection: Form I–821D, Action for Childhood Arrivals, 1615– burden (in hours) associated with the USCIS. NEW’’ in the subject box. collection: 2,863,575 annual burden Regardless of the method used for (4) Affected public who will be asked hours. submitting comments or material, all or required to respond, as well as a brief submissions will be posted, without abstract: Primary: Individuals or If you need a copy of the information change, to the Federal eRulemaking households. The information collected collection instrument, or additional Portal at http://www.Regulations.gov, on this form is used by USCIS to information, please visit the Federal and will include any personal determine eligibility of certain eRulemaking Portal at http:// information you provide. Therefore, individuals who were brought to the www.Regulations.gov. We may also be submitting this information makes it United States as children and meet the contacted at USCIS, Regulatory public. You may wish to consider following guidelines to be considered Coordination Division, Office of Policy limiting the amount of personal for deferred action for childhood and Strategy, 20 Massachusetts Avenue information that you provide in any arrivals: NW., Washington, DC 20529–2020, voluntary submission you make to DHS. 1. Were under the age of 31 as of June telephone number 202–272–1740. DHS may withhold information 15, 2012; provided in comments for public 2. Came to the United States before Dated: August 14, 2012. viewing that it determines may impact reaching their 16th birthday; Laura Dawkins, the privacy of an individual or is 3. Have continuously resided in the Chief, Regulatory Coordination Division, offensive. For additional information United States since June 15, 2007, up to Office of Policy and Strategy, U.S. Citizenship please read the Privacy Act notice that the present time; and Immigration Services, Department of is available via the link in the footer of 4. Were present in the United States Homeland Security. http://www.Regulations.gov. on June 15, 2012, and at the time of [FR Doc. 2012–20247 Filed 8–14–12; 4:15 pm] making their request for consideration BILLING CODE 9111–97–P Note: The address listed in this notice of deferred action with USCIS; should only be used to submit comments 5. Entered without inspection before concerning this information collection. Please do not submit requests for individual June 15, 2012, or their lawful case status inquiries to this address. If you immigration status expired as of June are seeking information about the status of 15, 2012; your individual case, please check ‘‘My Case 6. Are currently in school, have Status’’ online at https://egov.uscis.gov/cris/ graduated or obtained a certificate of Dashboard.do, or call the USCIS National completion from high school, have Customer Service Center at 1–800–375–5283. obtained a general education Written comments and suggestions development certificate, or are an from the public and affected agencies honorably discharged veteran of the should address one or more of the Coast Guard or Armed Forces of the following four points: United States; and

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DEPARTMENT OF HOMELAND submitting this information makes it the employment authorization SECURITY public. You may wish to consider document. limiting the amount of personal (5) An estimate of the total number of U.S. Citizenship and Immigration information that you provide in any respondents and the amount of time Services voluntary submission you make to DHS. estimated for an average respondent to [OMB Control No. 1615–0040] DHS may withhold information respond: 1,761,300 responses related to provided in comments for public Form I–765 at 3.42 hours per response; Agency Information Collection viewing that it determines may impact 1,385,292 responses related to Activities: Application for Employment the privacy of an individual or is Biometrics at 1.17 hours; 1,047,357 Authorization, Form I–765, Revision of offensive. For additional information responses related to Form I–765WS at a Currently Approved Information please read the Privacy Act notice that .50 hours; and 1,761,300 responses Collection; Emergency Submission to is available via the link in the footer of related to Passport-Style Photographs at the Office of Management and Budget; http://www.Regulations.gov. .50 hours per response. Comment Request (6) An estimate of the total public Note: The address listed in this notice burden (in hours) associated with the should only be used to submit comments ACTION: 30-Day Notice of Information concerning this information collection. collection: 9,048,767 annual burden Collection Under Review: Application Please do not submit requests for individual hours. for Employment Authorization. case status inquiries to this address. If you If you need a copy of the information are seeking information about the status of collection instrument, please visit the The Department of Homeland your individual case, please check ‘‘My Case Federal eRulemaking Portal at http:// Security (DHS), U.S. Citizenship and Status’’ online at https://egov.uscis.gov/cris/ www.Regulations.gov. Immigration Services (USCIS), Dashboard.do, or call the USCIS National We may also be contacted at USCIS, submitted the following emergency Customer Service Center at 1–800–375–5283. Regulatory Coordination Division, information collection request, utilizing Written comments and suggestions Office of Policy and Strategy, 20 emergency review procedures, to the from the public and affected agencies Massachusetts Avenue NW., Office of Management and Budget should address one or more of the Washington, DC 20529, telephone (OMB) for review and clearance in following four points: number 202–272–1470. accordance with the Paperwork (1) Evaluate whether the collection of Dated: August 14, 2012. Reduction Act of 1995 (Pub. L. 104–13, information is necessary for the proper Laura Dawkins, 44 U.S.C. 35). The purpose of this notice performance of the functions of the is to allow 30 days for public comments. Chief, Regulatory Coordination Division, agency, including whether the Office of Policy and Strategy, U.S. Citizenship Comments are encouraged and will be information will have practical utility; and Immigration Services, Department of accepted for 30 days until September (2) Evaluate the accuracy of the Homeland Security. 17, 2012. This process is conducted in agency’s estimate of the burden of the [FR Doc. 2012–20251 Filed 8–14–12; 4:15 pm] accordance with 5 CFR 1320.10 and 5 collection of information, including the BILLING CODE 9111–97–P CFR 1320.13. validity of the methodology and Written comments and/or suggestions assumptions used; regarding the item(s) contained in this (3) Enhance the quality, utility, and DEPARTMENT OF THE INTERIOR notice, especially regarding the clarity of the information to be estimated public burden and associated collected; and Fish and Wildlife Service response time, should be directed to (4) Minimize the burden of the DHS, and to the Office of Information [FWS–HQ–IA–2012–N203; collection of information on those who FXIA16710900000P5–123–FF09A30000] and Regulatory Affairs, OMB, USCIS are to respond, including through the Desk Officer. Comments may be use of appropriate automated, Endangered Species; Receipt of submitted to: USCIS, Chief, Regulatory electronic, mechanical, or other Applications for Permit Coordination Division, Office of Policy technological collection techniques, or and Strategy, 20 Massachusetts Avenue other forms of information technology, AGENCY: Fish and Wildlife Service, NW., Washington, DC 20529–2020. e.g., permitting electronic submission of Interior. Comments may also be submitted to responses. ACTION: Notice of receipt of applications DHS via email at for permit. [email protected] or via the Overview of This Information Federal eRulemaking Portal at Collection SUMMARY: We, the U.S. Fish and www.Regulations.gov under e-Docket ID (1) Type of Information Collection: Wildlife Service, invite the public to number USCIS–2005–0035, and to the Revision of the currently approved comment on the following applications OMB USCIS Desk Officer via facsimile information collection. to conduct certain activities with at 202–395–5806 or via email at (2) Title of the Form/Collection: endangered species. With some [email protected]. All Application for Employment exceptions, the Endangered Species Act submissions received must include the Authorization. (ESA) prohibits activities with listed agency name and e-Docket ID. When (3) Agency form number, if any, and species unless Federal authorization is submitting comments by email please the applicable component of the acquired that allows such activities. make sure to add OMB Control No. Department of Homeland Security DATES: We must receive comments or 1615–0040 in the subject box. sponsoring the collection: Form I–765, requests for documents on or before Regardless of the method used for USCIS. September 17, 2012. submitting comments or material, all (4) Affected public who will be asked ADDRESSES: Brenda Tapia, Division of submissions will be posted, without or required to respond, as well as a brief Management Authority, U.S. Fish and change, to the Federal eRulemaking abstract: Primary: Individuals or Wildlife Service, 4401 North Fairfax Portal at http://www.Regulations.gov, households. The information collected Drive, Room 212, Arlington, VA 22203; and will include any personal on this form is used by USCIS to fax (703) 358–2280; or email information you provide. Therefore, determine eligibility for the issuance of [email protected].

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FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to propagation or survival. This Brenda Tapia, (703) 358–2104 do so. notification covers activities to be (telephone); (703) 358–2280 (fax); conducted by the applicant over a 5- II. Background [email protected] (email). year period. SUPPLEMENTARY INFORMATION: To help us carry out our conservation responsibilities for affected species, and Applicant: Rancho Milagro, San Diego, I. Public Comment Procedures in consideration of section 10(a)(1)(A) of TX; PRT–80158A A. How do I request copies of the Endangered Species Act of 1973, as The applicant requests a permit applications or comment on submitted amended (16 U.S.C. 1531 et seq.), along authorizing interstate and foreign applications? with Executive Order 13576, commerce, export, and cull of excess ‘‘Delivering an Efficient, Effective, and scimitar-horned oryx (Oryx dammah) Send your request for copies of Accountable Government,’’ and the from the captive herd maintained at applications or comments and materials President’s Memorandum for the Heads their facility, for the purpose of concerning any of the applications to of Executive Departments and Agencies enhancement of the survival of the the contact listed under ADDRESSES. of January 21, 2009—Transparency and species. This notification covers Please include the Federal Register Open Government (74 FR 4685; January activities to be conducted by the notice publication date, the PRT- 26, 2009), which call on all Federal applicant over a 5-year period. number, and the name of the applicant agencies to promote openness and Applicant: Kyle Lange, Mertzon, TX; in your request or submission. We will transparency in Government by PRT–80202A not consider requests or comments sent disclosing information to the public, we to an email or address not listed under invite public comment on these permit The applicant requests a captive-bred ADDRESSES. If you provide an email applications before final action is taken. wildlife registration under 50 CFR address in your request for copies of 17.21(g) for the scimitar-horned oryx applications, we will attempt to respond III. Permit Applications (Oryx dammah) and addax (Addax to your request electronically. A. Endangered Species nasomaculatus) to enhance their Please make your requests or propagation or survival. This comments as specific as possible. Please Applicant: Hahn Laboratory, University notification covers activities to be confine your comments to issues for of Pennsylvania School of Medicine, conducted by the applicant over a 5- which we seek comments in this notice, Philadelphia, PA; PRT–77720A year period. and explain the basis for your The applicant requests a permit to Applicant: Kyle Lange, Mertzon, TX; comments. Include sufficient import chimpanzee (Pan troglodytes) PRT–80201A information with your comments to biological samples from Congo for the allow us to authenticate any scientific or purpose of enhancement to the survival The applicant requests a permit commercial data you include. of the species. This notification covers authorizing interstate and foreign The comments and recommendations activities to be conducted by the commerce, export, and cull of excess that will be most useful and likely to applicant over a 5-year period. scimitar-horned oryx (Oryx dammah) influence agency decisions are: (1) and addax (Addax nasomaculatus) from Those supported by quantitative Applicant: Kansas O Bar Ranch LLC, the captive herd maintained at their information or studies; and (2) Those Woodward, OK; PRT–79771A facility, for the purpose of enhancement that include citations to, and analyses The applicant requests a captive-bred of the survival of the species. This of, the applicable laws and regulations. wildlife registration under 50 CFR notification covers activities to be We will not consider or include in our 17.21(g) for the scimitar-horned oryx conducted by the applicant over a 5- administrative record comments we (Oryx dammah) and addax (Addax year period. receive after the close of the comment nasomaculatus) to enhance their period (see DATES) or comments propagation or survival. This Applicant: Paul Dickson, Shreveport, delivered to an address other than those notification covers activities to be LA; PRT–80109A listed above (see ADDRESSES). conducted by the applicant over a 5- The applicant requests a captive-bred B. May I review comments submitted by year period. wildlife registration under 50 CFR others? 17.21(g) for Cabot’s tragopan (Tragopan Applicant: Kansas O Bar Ranch LLC, caboti) to enhance their propagation or Comments, including names and Woodward, OK; PRT–79770A survival. This notification covers street addresses of respondents, will be The applicant requests a permit activities to be conducted by the available for public review at the street authorizing interstate and foreign applicant over a 5-year period. address listed under ADDRESSES. The commerce, export, and cull of excess public may review documents and other scimitar-horned oryx (Oryx dammah) Applicant: Marc Cramer, San Jose, CA; information applicants have sent in and addax (Addax nasomaculatus) from PRT–81021A support of the application unless our the captive herd maintained at their The applicant requests a captive-bred allowing viewing would violate the facility, for the purpose of enhancement wildlife registration under 50 CFR Privacy Act or Freedom of Information of the survival of the species. This 17.21(g) for spotted pond turtle Act. Before including your address, notification covers activities to be (Geoclemys hamiltonii) to enhance their phone number, email address, or other conducted by the applicant over a 5- propagation or survival. This personal identifying information in your year period. notification covers activities to be comment, you should be aware that conducted by the applicant over a 5- Applicant: Rancho Milagro, San Diego, your entire comment—including your year period. personal identifying information—may TX; PRT–80160A be made publicly available at any time. The applicant requests a captive-bred Applicant: Nancy Speed, Benton, MS; While you can ask us in your comment wildlife registration under 50 CFR PRT–793116 to withhold your personal identifying 17.21(g) for the scimitar-horned oryx The applicant requests renewal of information from public review, we (Oryx dammah) to enhance their their captive-bred wildlife registration

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under 50 CFR 17.21(g) for the Cuban Families: Applicant: Michelle Crawford, Amazon (Amazona leucocephala), Cebidae Sugarland, TX; PRT–81167A vinaceous Amazon (Amazona vinacea), Cercopithecidae Brenda Tapia, and golden parakeet (Aratinga Felidae (does not include jaguar, guarouba) to enhance their propagation margay or ocelot) Program Analyst/Data Administrator, Branch or survival. This notification covers of Permits, Division of Management Hominidae Authority. activities to be conducted by the Lemuridae [FR Doc. 2012–20176 Filed 8–15–12; 8:45 am] applicant over a 5-year period. Macropodidae BILLING CODE 4310–55–P Applicant: Karl Mogensen, Natural Ciconiidae (does not include wood Bridge, VA; PRT–33472A stork) Psittacidae (does not include thick- DEPARTMENT OF THE INTERIOR The applicant requests amendment of billed parrot) their captive-bred wildlife registration Spheniscidae Bureau of Indian Affairs under 50 CFR 17.21(g) to include the Sturnidae (does not include Aplonis family Bovidae, to enhance their pelzelni) Proclaiming Certain Lands as an propagation or survival. This Testudinidae Addition to and Becoming a Part of the notification covers activities to be Varanidae Laguna Reservation for the Pueblo of conducted by the applicant over a 5- Species: Laguna, NM year period. African wild dog (Lycaon pictus) AGENCY: Bureau of Indian Affairs, Applicant: Robert Scott, Ocotillo, CA; Interior. PRT–128506 Applicant: Joseph Patinio, Mililani, HI; PRT–80510A ACTION: Notice of reservation The applicant requests renewal of proclamation. their captive-bred wildlife registration The applicant requests a captive-bred wildlife registration under 50 CFR under 50 CFR 17.21(g) for the Galapagos SUMMARY: This notice informs the public tortoise (Chelonoidis nigra) and radiated 17.21(g) for the Galapagos Tortoise that the Assistant Secretary—Indian tortoise (Astrochelys radiate) to enhance (Chelonoidis nigra) to enhance their Affairs proclaimed approximately their propagation or survival. This propagation or survival. This 8,353.0683 acres, more or less, as an notification covers activities to be notification covers activities to be addition to and becoming a part of the conducted by the applicant over a 5- conducted by the applicant over a 5- Pueblo of Laguna Indian Reservation for year period. year period. the Pueblo of Laguna, New Mexico. Applicant: Paul Bodnar, Cuyahoga Falls, Applicant: Alexandria Rosati, FOR FURTHER INFORMATION CONTACT: Ben OH; PRT–030006 Cambridge, MA; PRT–72061A Burshia, Bureau of Indian Affairs, The applicant requests renewal and The applicant requests a permit to Division of Real Estate Services, MS– amendment of their captive-bred collect saliva for hormonal analyses, 4639–MIB, 1849 C Street NW., wildlife registration under 50 CFR from common chimpanzee (Pan Washington, DC 20240, telephone (202) 17.21(g) for the following species, to troglodytes) from 151 animals, wild and 208–7737. enhance their propagation or survival. captive-bred for the purpose of SUPPLEMENTARY INFORMATION: This This notification covers activities to be enhancement of the survival of the notice is published in the exercise of conducted by the applicant over a 5- species and scientific research. This authority delegated by the Secretary of year period. notification covers activities to be the Interior to the Assistant Secretary— Species: conducted by the applicant over a 3- Indian Affairs by part 209 of the African dwarf crocodile (Osteolaemus month period. Departmental Manual. A proclamation was issued according tetraspis) Multiple Applicants Chinese alligator (Alligator sinensis) to the Act of June 18, 1934 (48 Stat. 986; Cuban crocodile (Crocodylus The following applicants each request 25 U.S.C. 467), for the land described rhombifer) a permit to import the sport-hunted below. The land was proclaimed to be Siamese crocodile (Crocodylus trophy of one male bontebok the Pueblo of Laguna Indian Reservation siamensis) (Damaliscus pygargus pygargus) culled for the exclusive use of Indians on that Morelet’s crocodile (Crocodylus from a captive herd maintained under reservation who are entitled to reside at moreletii) the management program of the the reservation by enrollment or tribal False gavial (Tomistoma schlegelii) Republic of South Africa, for the membership. Yacare (Caiman yacare) purpose of enhancement of the survival Pueblo of Laguna Indian Reservation Galapagos tortoise (Chelonoidis nigra) of the species. Radiated tortoise (Astrochelys radiata) Cibola County, New Mexico Indian python (Python molurus Applicant: Don Dahlgren, Oklahoma molurus) City, OK; PRT–80165A Those certain parcels of land known Applicant: Silas Blanton, Glen St. Mary, as Parcels I and II, more particularly Applicant: Fort Wayne Zoological FL; PRT–81166A described below. Said parcels contain a Society, Fort Wayne, IN; PRT–671564 Applicant: Jon Lee, Missoula, MT; PRT– combined total area of 8,353.0683 acres, The applicant requests renewal and 80535A more or less. amendment of their captive-bred Applicant: Richard Haskins, wildlife registration under 50 CFR Hillsborough, CA; PRT–80923A Parcel I 17.21(g) for the following families, Applicant: David Kjelstrup, Underwood, (Note: The following corrective legal genus, and species, to enhance their ND; PRT–81313A description corrects and supersedes the propagation or survival. This Applicant: Billy Elbert, Klamath Falls, legal description shown on Sheet 1 of 9 notification covers activities to be OR; PRT–81986A of the Boundary Survey Plat entitled conducted by the applicant over a 5- Applicant: Steven Sullivan, Oklahoma ‘‘BOUNDARY SURVEY PLAT, year period. City, OK; PRT–80043A CEBOLLETA RANCH, LTD., CO.,

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WITHIN THE CEBOLLETA GRANT, Thence, N 90°00′00″ W, 3519.20 feet to 8″ rebar and aluminum cap stamped LS CIBOLA COUNTY, NEW MEXICO, the Southwest corner of the parcel 5823 set); Thence, S 12°33′02″ E, 175.17 DECEMBER 1999’’, certified on herein described (a 5/8″ rebar and feet to a point (a 5/8″ rebar and December 2, 1999, by Garry P. Hugg, aluminum cap stamped LS 5823 set); aluminum cap stamped LS 5823 set); New Mexico Professional Surveyor No. Thence, N 00°11′55″ W, 12252.21 feet to Thence, S 05°33′43″ W, 564.83 feet to a 5823, and filed in the office of the a point (a 2″ iron pipe found in place point (a 5/8″ rebar and aluminum cap County Clerk of Cibola County, New and tagged with a brass disc stamped LS stamped LS 5823 set); Thence, S Mexico on April 11, 2008, in Book 018, 5823); Thence, N 00°10′57″ W, 2636.39 25°36′54″ W, 403.89 feet to a point (a 5/ Pages 02063–02071, as Document No. feet to (a 1″ iron pipe found in place and 8″ rebar and aluminum cap stamped LS 200800960.) That certain parcel of land tagged with a brass disc stamped LS 5823 set); Thence, S 42°33′07″ E, situated within the Cebolleta Grant in 5823); Thence, N 00°14′48″ W, 2638.21 1369.34 feet to a point (a 5/8″ rebar and projected Sections 2, 3, 10, 11, 14, 15 feet to a point (a 2″ iron pipe found in aluminum cap stamped LS 5823 set in and 23, Township 11 North, Range 6 place and tagged with a brass disc a found stone cairn); Thence, S West and projected Sections 13, 14, 15, stamped LS 5823); Thence, N 01°15′25″ 20°11′08″ E, 1775.40 feet to a point (a 16, 21, 22, 23, 24, 25, 26, 27, 34 and 35, W, 4954.11 feet to a point (a 1″ iron pipe 5/8″ rebar and aluminum cap stamped Township 12 North, Range 6 West, New found in place and tagged with a brass LS 5823 set in a found stone cairn); Mexico Principal Meridian, Cibola disc stamped LS 5823); Thence, S Thence, S 07°00′59″ W, 1340.02 feet to County, New Mexico, and being that 89°37′41″ W, 5281.60 feet to a point (a a point (a 5/8″ rebar and aluminum cap certain parcel of land described in 1″ iron pipe found in place and tagged stamped LS 5823 set in a found stone Warranty Deed from John C. Dilts, Jr., with a brass disc stamped LS 5823), cairn); Thence, S 25°43′58″ W, 1330.94 Trustee of the John C. Dilts, Jr. Inter having the following ties (as shown on feet to a point (a 5/8″ rebar and Vivos Trust and Two Rivers Ranch to the Boundary Survey Plat certified on aluminum cap stamped LS 5823 set in Cebolleta Ranch LTD. Co., filed in the July 7, 2010, by Russ P. Hugg, New a found stone cairn); Thence, S office of the County Clerk of Cibola Mexico Professional Surveyor No. 9750, 30°46′49″ E, 2130.83 feet to a point (a County, New Mexico, on July 16, 1999, and filed in the office of the County 5/8″ rebar and aluminum cap stamped in Book 8, page 4223, more particularly Clerk of Cibola County, New Mexico, on LS 9750 set in a found stone cairn); described by survey performed by Garry July 9, 2010, in Book 020, Page 00535, Thence, S 02°49′01″ E, 1973.71 feet to P. Hugg, New Mexico Professional as Document No. 201001558): Whence a point (a 5/8″ rebar and aluminum cap Surveyor Number 5823, using the New (1) the U.S. Geological Survey Control stamped LS 5823 set in a found stone Mexico State Plane Coordinate System, Monument ‘‘BALTA’’ bears S 46°25′48″ cairn); Thence, S 27°21′05″ W, 921.95 West Zone (NAD83), grid bearings and E, 4491.90 feet distant and (2) the seven feet to a point (a 5/8″ rebar and ground distances as follows: (7) mile marker on the south boundary aluminum cap stamped LS 5823 set in BEGINNING at the Southeast corner of the Cebolleta Grant (a correctly a found stone cairn); Thence, S of the parcel herein described (a 5/8″ marked BLM Brass Cap Monument 89°45′46″ W, 6375.32 feet to a point (a rebar and aluminum cap stamped LS found in place) bears S 18°44′36″ E, 5/8″ rebar and aluminum cap stamped 5823), whence the seven and one half 35,664.57 feet distant; Thence, N LS 5823 set); Thence, S 00°13′31″ E, (7-1/2) mile marker on the South 00°19′33″ W, 4484.14 feet to the 1800.75 feet to a point (a 5/8″ rebar and Boundary of said Cebolleta Grant (a Northwest corner of the parcel herein aluminum cap stamped ‘‘Koogle & Pouls correctly marked BLM Brass Cap described (a 1″ iron pipe found in place Engineering WL 5’’ found in place); Monument found in place) bears S and tagged with an aluminum washer Thence, S 00°13′31″ E, 10400.27 feet to 00°13′40″ E, 750.00 feet distant; Thence, stamped LS 11808); Thence, N a point (a 5/8″ rebar and aluminum cap N 45°58′19″ W, 2519.16 feet to a point 89°48′22″ E, 5281.61 feet to a point (a stamped ‘‘Koogle & Pouls Engineering (a 5/8″ rebar and aluminum cap 60d Spike and cap stamped ‘‘L.S. 9750’’ WL 3’’ found in place); Thence, S stamped LS 5823 set); Thence, N set in the south face of a 24″ ponderosa 00°13′40″ E, 11788.83 feet to the 00°52′55″ W, 3356.28 feet to a point (a pine tree, as shown on the above- Southeast corner and point of beginning 5/8″ rebar and aluminum cap stamped described Boundary Survey Plat of the parcel herein described. LS 5823 set); Thence, N 60°54′00″ W, certified on July 7, 2010, by Russ P. Said Parcel I contains an area of 2113.33 feet to a point (a 5/8″ rebar and Hugg, New Mexico Professional 8,270.5090 acres, more or less. aluminum cap stamped LS 5823 set); Surveyor No. 9750); Thence, N Parcel II Thence, N 00°43′26″ E, 2145.65 feet to 89°48′22″ E, 8057.93 feet to a point (a a point (a 3-1/2″ brass cap stamped 5/8″ rebar and aluminum cap stamped (Note: The following corrective legal Elder Company Property Corner LS 1593 found in place); Thence, N description corrects and supersedes the mounted on a 1″ iron pipe found in 89°40′16″ E, 1319.80 feet to a point (a legal description shown on Sheet 1 of 4 place); Thence, S 75°19′09″ W, 374.11 5/8″ rebar found in place and tagged of the A.L.T.A./A.C.S.M. Land Title feet to a point (a 3-1/2″ brass cap with a brass disc stamped LS 5823); Survey Plat entitled ‘‘A.L.T.A./A.C.S.M. stamped Elder Company Property Thence, N 89°41′08″ E, 3283.15 feet to LAND TITLE SURVEY, LANDS OF Corner mounted on a 1″ iron pipe found the Northeast corner of the parcel herein SILVER DOLLAR RANCH, L.L.C., in place); Thence, N 48°05′38″ W, described (a 5/8″ rebar and aluminum SITUATED WITHIN THE CEBOLLETTA 1097.13 feet to a point (a 3-1/2″ brass cap stamped LS 5823 set); Thence, S GRANT IN PROJECTED SECTIONS 10 cap stamped Elder Company Property 18°19′27″ E, 1007.36 feet to a point (a AND 15, TOWNSHIP 11 NORTH, Corner mounted on a 1″ iron pipe found 5/8″ rebar and aluminum cap stamped RANGE 6 WEST, NEW MEXICO in place); Thence, N 31°32′48″ E, 504.07 LS 5823 set); Thence, S 16°16′13″ E, PRINCIPAL MERIDIAN, CIBOLA feet to a point (a 3-1/2″ brass cap 222.14 feet to a point (a 5/8″ rebar and COUNTY, NEW MEXICO, APRIL 2008’’, stamped Elder Company Property aluminum cap stamped LS 5823 set); certified on April 7, 2008, by Russ P. Corner mounted on a 1″ iron pipe found Thence, S 16°46′35″ E, 859.75 feet to a Hugg, New Mexico Professional in place); Thence, N 17°35′10″ W, point (a 5/8″ rebar and aluminum cap Surveyor No. 9750, and filed in the 1306.39 feet to a point (a 5/8″ rebar and stamped LS 5823 set); Thence, S office of the County Clerk of Cibola aluminum cap stamped LS 5823 set); 26°30′43″ E, 739.83 feet to a point (a 5/ County, New Mexico, on April 11, 2008,

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in Book 018, Pages 02059–02062, as Said Parcel II contains an area of Control and Re-establishment of Document No. 200800959.) 82.5593 acres, more or less. Riparian Habitats Along the Rio Grande That certain parcel of land situated The above-described Parcels I and II on U.S. International Boundary and within the Cebolleta Grant in projected contain a combined total area of Water Commission and Bureau of Land Sections 10 and 15, Township 11 North, 8,353.0683 acres, more or less, together Management Lands are available. A Range 6 West, New Mexico Principal with all rights and easements notice of finding of no significant Meridian, Cibola County, New Mexico, appurtenant thereto, and all water impact dated January 24, 2012, provided and being that certain parcel of land rights, whether appurtenant or not, for a thirty (30) day comment period before described in Quit Claim Deed from their associated purposes of use whether making the finding final. The Notice Cebolleta Ranch Ltd. Co. to Silver Dollar for irrigation, ranching, stock, game, was published in the Federal Register Ranch, LLC, filed in the office of the wildlife, domestic, commercial, on January 24, 2012 (Federal Register County Clerk of Cibola County, New recreation or other purposes, and from Notice, Vol. 77, No. 15, Page 3497). Mexico, on August 2, 2005, in Book all sources whether surface water, FOR FURTHER INFORMATION CONTACT: 0014, Page 9122, more particularly groundwater, or springs, whether Gilbert Anaya, Division Chief, described by survey performed by Russ permitted or unpermitted, and Environmental Management Division; P. Hugg, New Mexico Professional including all claims for water rights, United States Section, International Surveyor Number 9750, using the New subject to restrictions, reservations, and Boundary and Water Commission; 4171 Mexico State Plane Coordinate System, easements of record insofar as the same N. Mesa, C–100; El Paso, Texas 79902. West Zone (NAD83), grid bearings and are in force and applicable. Telephone: (915) 832–4702, email: ground distances as follows: This proclamation does not affect title [email protected]. BEGINNING at the Southwest corner to the land described above, nor does it BACKGROUND: This proposed project will of the parcel herein described (a 31 2″ ⁄ affect any valid existing easements for be part of a regional initiative to restore brass cap stamped Elder Company public roads and highways, public the form and function of the Rio Grande Property Corner mounted on a 1″ iron utilities and for railroads and pipelines floodplain that has been undertaken by pipe found in place), whence (1) the six and any other rights-of-way or other Federal, State, and non (6) mile marker on the South Boundary reservations of record. government organizations. The of said Cebolleta Grant (a correctly overarching goals of the project are to marked BLM Brass Cap Monument Dated: July 20, 2012. improve the ecosystem integrity within found in place) bears S 15°19′20″ W, Donald E. Laverdure, the project area by shifting conditions to 5589.46 feet distant, (2) the seven (7) Acting Assistant Secretary—Indian Affairs. match those that historically existed. mile marker on said south boundary of [FR Doc. 2012–20145 Filed 8–15–12; 8:45 am] This project will focus on restoring the Cebolleta Grant (a correctly marked BILLING CODE 4310–W7–P BLM Brass Cap Monument found in 31.35 acres divided between two tracts place) bears S 34°32′35″ E, 6567.42 feet of federal lands (25.85 ac USIBWC and 5.5 ac BLM) from saltcedar to native distant and (3) Angle Point No. 5 on the INTERNATIONAL BOUNDARY AND North line of Tract 37 (a correctly riparian habitats by utilizing validated WATER COMMISSION, UNITED mechanical and chemical control marked BLM Brass Cap Monument STATES AND MEXICO found in place) bears N 33°09′41″ W, methods to remove and control 2795.69 feet distant; Thence, N saltcedar. Availability of the Final Environmental Availability: Electronic copies of the 17°50′59″ E, 4457.95 feet to the Assessment and Finding of No Final EA and FONSI are available from Northwest corner of the parcel herein Significant Impact for Environmental 1 ″ the USIBWC Web site at: http:// described (a 3 ⁄2 brass cap stamped Assessment for Non-native Plant Elder Company Property Corner www.ibwc.gov/Organization/ Control and Re-establishment of Environmental/reports_studies.html. mounted on a 1″ iron pipe found in Riparian Habitats Along the Rio place), a point on the Westerly Grande in Seldon Canyon, Don˜ a Ana Dated: August 3, 2012. boundary of the Cebolleta Ranch being County, NM Steven Fitten, that certain parcel of land described in General Counsel. Warranty Deed from John C. Dilts, Jr., AGENCY: United States Section, Trustee of the John C. Dilts, Jr., Inter International Boundary and Water U.S. INTERNATIONAL BOUNDARY Vivos Trust and Two Rivers Ranch to Commission, United States and Mexico. AND WATER COMMISSION EL PASO FIELD OFFICE TEXAS Cebolleta Ranch LTD., Co., filed in the ACTION: Notice of Availability of the office of the County Clerk of Cibola Final Environmental Assessment (EA) FINDING OF NO SIGNIFICANT County, New Mexico, on July 16, 1999, and Finding of No Significant Impact IMPACT in Book 8, page 4223; Thence, S (FONSI). ° ′ ″ NON-NATIVE PLANT CONTROL AND 48 05 38 E, 1097.13 feet along said RE-ESTABLISHMENT OF RIPARIAN SUMMARY: Pursuant to Section 102(2)(c) Westerly boundary of the Cebolleta HABITATS ALONG THE RIO GRANDE Ranch to the Northeast corner of the of the National Environmental Policy parcel herein described (a 31⁄2″ brass cap Act of 1969; the Council on LEAD AGENCY stamped Elder Company Property Environmental Quality Final United States Section, International Corner mounted on a 1″ iron pipe found Regulations (40 CFR parts 1500 through Boundary and Water Commission, in place); Thence, S 22°45′37″ W, 1508); and the United States Section, United States and Mexico (USIBWC). 4163.53 feet to the Southeast corner of Operational Procedures for PROPOSED ACTION the parcel herein described (a 31⁄2″ brass Implementing Section 102 of NEPA, cap stamped Elder Company Property published in the Federal Register The United States Section, International Corner mounted on a 1″ iron pipe found September 2, 1981, (46 FR 44083); the Boundary and Water Commission in place); Thence, N 60°07′19″ W, United States Section hereby gives (USIBWC) proposes to remove the non- 659.92 feet to the Southwest corner and notice that the Final Environmental native salt cedar (Tamarix chinensis) on point of beginning of the parcel herein Assessment and Finding of No a 25.85 acre parcel of USIBWC land described. Significant Impact for Non-native Plant along the Rio Grande in Selden Canyon.

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The proposed action will include public access. population of salt cedar are mechanical removal of salt cedar and 3. The proposed action will not determined to be insignificant. follow-up treatments using herbicide. significantly impact unique 11. The proposed action will not have Two alternatives were discussed in an characteristics of the geographic any significant adverse effects on environmental assessment made area such as historical or cultural wetlands and floodplains, pursuant available to the public during the formal resources, park lands, prime to Executive Orders 11990 and public review period initiated on farmlands, wetlands, wild and 11988 because the study area is not January 19, 2012: scenic rivers, or ecologically critical located within any wetlands and 1. Mechanical Removal of salt cedar areas. The proposed action will the amount of floodplain affected is with follow-up herbicide impact the abundance of the non- minimal. native salt cedar on less than 26 treatments, prescribed burning of 12. The proposed action will not acres. debris and native plant restoration. threaten a violation of Federal, 4. The effects of the proposed action State, or local law or requirement (Preferred Alternative). are not considered highly 2. No Action would be taken to imposed for the protection of the controversial. The use of control non-native salt cedar and no environment. The proposed action mechanical extraction and follow- restoration of native plant species will be conducted consistent with up herbicide treatments as a would occur. any and all requisite approvals or management tool to reduce an authorizations of the cooperating PUBLIC INVOLVEMENT exotic species is accepted among agencies. On January 19, 2012 the Draft wildlife experts. On the basis of the information 5. The possible effects of the proposed Environmental Assessment for removing contained in the environmental action are not highly uncertain and salt cedar on the IBWC tract known as assessment, it is the determination of do not involve unique or unknown Broad Canyon Arroyo was released for the USIBWC that the proposed action risks. public review by the USIBWC. Notice of does not constitute a major Federal 6. The proposed action does not this document was published in the action significantly affecting the quality establish a precedent for actions Federal Register and made available on of the human environment under the with future significant effects or the USIBWC Web site: www.ibwc.gov/ meaning of Section 102 (2) (c) of the represent a decision in principle Organization/Environmental/ National Environmental Policy Act of _ _ _ about a future consideration. EIS EA Public Comment.html. 7. There are no significant cumulative 1969, as amended. Accordingly, An electronic copy of the draft EA was effects identified by the EA. requirements of the National also made available through the San Mechanical extraction of salt cedar Environmental Policy Act and Andres NWR Web site at: http:// will be limited in scope and time, regulations promulgated by the Council www.fws.gov/southwest/refuges/ will be coordinated with other on Environmental Quality are fulfilled newmex/sanandres/index.html. management agencies, and will stay and an environmental impact statement Public review of the draft EA was within management objectives. is not required. completed following a 30 day review 8. The proposed action will not affect Edward Drusina period. districts, sites, highways, structures, Commissioner or objects listed in or eligible for International Boundary and Water SUMMARY OF FINDINGS listing in the National Register of Commission, United States Section Pursuant to National Environmental Historic Places, nor will it cause a Date: August 8, 2012 Policy Act (NEPA) guidance (40 Code of loss or destruction of significant [FR Doc. 2012–20016 Filed 8–15–12; 8:45 am] Federal Regulations 1500–1508), The scientific, cultural, or historic BILLING CODE 7010–01–P President’s Council on Environmental resources. The fieldwork conducted Quality issued regulations for NEPA under the proposed action does not implementation which included constitute an undertaking as INTERNATIONAL TRADE provisions for both the content and defined by the National Historic COMMISSION procedural aspects of the required Preservation Act. [Investigation No. 337–TA–834] Environmental Assessment (EA) the 9. The proposed action will fully USIBWC has prepared the draft EA. comply with the Endangered Certain Mobile Electronic Devices A careful review of the draft EA Species Act of 1973, as amended. Incorporating Haptics; Amendment of indicates that there will not be a The proposed action would not the Complaint and Notice of significant impact on the quality of the affect non-target federally or state Investigation human environment as a result of this listed threatened and endangered proposal. This determination is based species. The proposed action will AGENCY: U.S. International Trade on the following factors: likely benefit native wildlife Commission. 1. The proposed action will occur in populations, particularly ACTION: Notice. a localized area belonging to the neotropical migrant birds by International Boundary and Water replacing a monotypic stand of non- SUMMARY: Notice is hereby given that Commission and will be of short native salt cedar with a diverse the U.S. International Trade duration during part of the year. native plant community. Commission has determined not to The proposed activities are not 10. The proposed action will result in review the presiding administrative law national or regional in scope. the irretrievable loss of some judge’s (‘‘ALJ’’) initial determination 2. The proposed action will not individual salt cedar. The proposed (‘‘ID’’) (Order No. 7) amending the significantly affect public health or action will reduce the amount of complaint and notice of investigation in safety. The methods used are salt cedar on a small parcel in an the above-captioned investigation. limited in scope, monitored by San area that is made up of salt cedar FOR FURTHER INFORMATION CONTACT: Andres National Wildlife Refuge along the river for miles in either Sidney A. Rosenzweig, Office of the staff and occur in areas with no direction. Impacts to the statewide General Counsel, U.S. International

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Trade Commission, 500 E Street SW., Issued: August 13, 2012. examined on the following Department Washington, DC 20436, telephone (202) By order of the Commission. of Justice Web site, http:// 708–2532. Copies of non-confidential William R. Bishop, www.usdoj.gov/enrd/ documents filed in connection with this Hearings and Meetings Coordinator. Consent_Decrees.html. A copy of the investigation are or will be available for [FR Doc. 2012–20129 Filed 8–15–12; 8:45 am] Consent Decree may also be obtained by inspection during official business BILLING CODE 7020–02–P mail from the Consent Decree Library, hours (8:45 a.m. to 5:15 p.m.) in the P.O. Box 7611, U.S. Department of Office of the Secretary, U.S. Justice, Washington, DC 20044–7611 or International Trade Commission, 500 E DEPARTMENT OF JUSTICE by faxing or emailing a request to Street SW., Washington, DC 20436, ‘‘Consent Decree Copy’’ telephone (202) 205–2000. General Notice of Extension to Public ([email protected]), fax no. information concerning the Commission Comment Period for Consent Decree (202) 514–0097, phone confirmation may also be obtained by accessing its Lodged Under the Comprehensive number (202) 514–5271. In requesting a Internet server at http://www.usitc.gov. Environmental Response, copy of the Consent Decree from the The public record for this investigation Compensation, and Liability Act Consent Decree Library, please enclose may be viewed on the Commission’s a check in the amount of $5.50 (25 cents electronic docket (EDIS) at http:// On May 17, 2012, the United States per page reproduction cost) payable to edis.usitc.gov. Hearing-impaired published a notice that a proposed the U.S. Treasury (if the request is by persons are advised that information on Consent Decree had been lodged with fax or email, forward a check to the this matter can be obtained by the United States District Court for the Consent Decree library at the address contacting the Commission’s TDD District of Massachusetts in United stated above). terminal on (202) 205–1810. States v. Bayer CropScience Inc. et al., Ronald G. Gluck, SUPPLEMENTARY INFORMATION: The Civil Action No. 1:12-cv-10847 and Commission instituted this investigation Commonwealth of Massachusetts v. Assistant Section Chief, Environmental on April 6, 2012, based on a complaint Bayer CropScience Inc. et al., Civil Enforcement Section, Environment and Natural Resources Division. filed by Immersion Corporation of San Action No. 1:12-cv-10849, related to Jose, California (‘‘Immersion’’), alleging natural resource damages claims of the [FR Doc. 2012–20088 Filed 8–15–12; 8:45 am] a violation of 19 U.S.C. 1337 in the United States and the Commonwealth of BILLING CODE 4410–15–P importation, sale for importation, and Massachusetts against Bayer sale within the United States after CropScience Inc. and Pharmacia importation of certain mobile electronic Corporation in connection with the DEPARTMENT OF LABOR devices incorporating haptics, by reason Industri-plex Superfund Site, located in of the infringement of claims of six Woburn, Massachusetts. 77 FR 29361. Employment and Training patents, including U.S. Patent Nos. That notice indicated that the Administration 6,429,846 (‘‘the ’846 patent’’) and Department of Justice would receive 8,031,181 (‘‘the ’181 patent’’). 77 FR comments concerning the settlement for Notice of Determinations Regarding 20847 (Apr. 6, 2012). The notice of a period of 30 days from the date of the Eligibility To Apply for Worker institution named four respondents: notice. In response to a comment Adjustment Assistance submitted during the intital comment Motorola Mobility, Inc. and Motorola In accordance with Section 223 of the Mobility Holdings, Inc., both of period that requested additional Trade Act of 1974, as amended (19 Libertyville, Illinois; HTC Corporation information concerning the settlement U.S.C. 2273) the Department of Labor of Taoyuan, Taiwan; and HTC America, and that the comment period be herein presents summaries of Inc. of Bellevue, Washington. extended, the United States is posting On May 21, 2012, Immersion moved information related to the settlement at determinations regarding eligibility to for leave to amend its complaint and the the following Web site, http:// apply for trade adjustment assistance for notice of investigation to assert claims 1, www.fws.gov/newengland/, and is workers by (TA–W) number issued 3–7, 13–16, 18, 19, and 22 of the ’846 extending the public comment period. during the period of July 30, 2012 patent, based upon a recent certificate of The Department of Justice will receive through August 3, 2012. correction issued by the U.S. Patent and for a period of thirty (30) days from the In order for an affirmative Trademark Office for that patent. date of this publication any additional determination to be made for workers of Immersion also sought leave to assert comments relating to the proposed a primary firm and a certification issued claim 7 of the ’181 patent, which it Consent Decree. Comments should be regarding eligibility to apply for worker alleged had been omitted from the addressed to the Assistant Attorney adjustment assistance, each of the group notice of investigation because of a General, Environment and Natural eligibility requirements of Section typographical error. Resources Division, P.O. Box 7611, U.S. 222(a) of the Act must be met. On May 31, 2012, the respondents Department of Justice, Washington, DC I. Under Section 222(a)(2)(A), the opposed the motion in substantial part. 20044–7611, and should refer to United following must be satisfied: On July 18, 2012, the ALJ issued the States v. Bayer CropScience Inc., D.J. (1) A significant number or proportion subject ID granting Immersion’s motion. Ref. 90–11–2–228/7. Comments may of the workers in such workers’ firm No petitions for review of the ID were also be submitted by email to have become totally or partially filed. The Commission has determined [email protected]. A separated, or are threatened to become not to review the ID. copy of the comments should be sent to totally or partially separated; The authority for the Commission’s Donald G. Frankel, Senior Counsel, (2) The sales or production, or both, determination is contained in section Environmental Enforcement Section, of such firm have decreased absolutely; 337 of the Tariff Act of 1930, as Department of Justice, Suite 616, One and amended (19 U.S.C. 1337), and in Gateway Center, Newton, MA 02458 (3) One of the following must be sections 210.14 and 210.42 of the ([email protected]). satisfied: Commission’s Rules of Practice and During this extended public comment (A) Imports of articles or services like Procedure (19 CFR 210.14, 210.42). period, the Consent Decree may be or directly competitive with articles

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produced or services supplied by such eligibility requirements of Section eligibility requirements of Section 222(f) firm have increased; 222(b) of the Act must be met. of the Act must be met. (B) Imports of articles like or directly (1) A significant number or proportion (1) The workers’ firm is publicly competitive with articles into which one of the workers in the public agency have identified by name by the International or more component parts produced by become totally or partially separated, or Trade Commission as a member of a such firm are directly incorporated, are threatened to become totally or domestic industry in an investigation have increased; partially separated; resulting in— (C) Imports of articles directly (2) The public agency has acquired (A) An affirmative determination of incorporating one or more component from a foreign country services like or serious injury or threat thereof under parts produced outside the United directly competitive with services section 202(b)(1); States that are like or directly which are supplied by such agency; and (B) An affirmative determination of competitive with imports of articles (3) The acquisition of services market disruption or threat thereof incorporating one or more component contributed importantly to such under section 421(b)(1); or parts produced by such firm have workers’ separation or threat of (C) An affirmative final determination increased; separation. of material injury or threat thereof under (D) Imports of articles like or directly In order for an affirmative section 705(b)(1)(A) or 735(b)(1)(A) of competitive with articles which are determination to be made for adversely the Tariff Act of 1930 (19 U.S.C. produced directly using services affected secondary workers of a firm and 1671d(b)(1)(A) and 1673d(b)(1)(A)); a certification issued regarding supplied by such firm, have increased; (2) The petition is filed during the 1- eligibility to apply for worker and year period beginning on the date on (4) The increase in imports adjustment assistance, each of the group which— contributed importantly to such eligibility requirements of Section (A) A summary of the report workers’ separation or threat of 222(c) of the Act must be met. submitted to the President by the separation and to the decline in the (1) A significant number or proportion International Trade Commission under sales or production of such firm; or of the workers in the workers’ firm have II. Section 222(a)(2)(B) all of the become totally or partially separated, or section 202(f)(1) with respect to the following must be satisfied: are threatened to become totally or affirmative determination described in (1) A significant number or proportion partially separated; paragraph (1)(A) is published in the of the workers in such workers’ firm (2) The workers’ firm is a Supplier or Federal Register under section 202(f)(3); have become totally or partially Downstream Producer to a firm that or separated, or are threatened to become employed a group of workers who (B) Notice of an affirmative totally or partially separated; received a certification of eligibility determination described in (2) One of the following must be under Section 222(a) of the Act, and subparagraph (1) is published in the satisfied: such supply or production is related to Federal Register; and (A) There has been a shift by the the article or service that was the basis (3) The workers have become totally workers’ firm to a foreign country in the for such certification; and or partially separated from the workers’ production of articles or supply of (3) Either— firm within— services like or directly competitive (A) The workers’ firm is a supplier (A) The 1-year period described in with those produced/supplied by the and the component parts it supplied to paragraph (2); or workers’ firm; the firm described in paragraph (2) (B) Notwithstanding section 223(b)(1), (B) There has been an acquisition accounted for at least 20 percent of the the 1-year period preceding the 1-year from a foreign country by the workers’ production or sales of the workers’ firm; period described in paragraph (2). firm of articles/services that are like or or Affirmative Determinations for Worker directly competitive with those (B) A loss of business by the workers’ Adjustment Assistance produced/supplied by the workers’ firm; firm with the firm described in and paragraph (2) contributed importantly to The following certifications have been (3) The shift/acquisition contributed the workers’ separation or threat of issued. The date following the company importantly to the workers’ separation separation. name and location of each or threat of separation. In order for an affirmative determination references the impact In order for an affirmative determination to be made for adversely date for all workers of such determination to be made for adversely affected workers in firms identified by determination. affected workers in public agencies and the International Trade Commission and The following certifications have been a certification issued regarding a certification issued regarding issued. The requirements of Section eligibility to apply for worker eligibility to apply for worker 222(a)(2)(A) (increased imports) of the adjustment assistance, each of the group adjustment assistance, each of the group Trade Act have been met.

TA–W number Subject firm Location Impact date

81,674 ...... Archer Trim, Inc...... Lumberton, NC ...... May 31, 2011. 81,751 ...... General Motors Vehicle Manufac- Shreveport, LA ...... July 28, 2012. turing, Aerotek, Kelly Services, Voith, Shreveport Ramp, Dana Holding, etc. 81,820 ...... PSB Limited, SFN Group, Inc ...... Rochester, NY ...... July 11, 2011.

The following certifications have been services) of the Trade Act have been issued. The requirements of Section met. 222(a)(2)(B) (shift in production or

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TA–W number Subject firm Location Impact date

81,558 ...... Healthcare Corporation of Amer- Cottonwood Heights, UT ...... April 30, 2011. ica (HCA), HCA Mountain Divi- sion, Mountain Star Health, Inc., Off-Site Workers from Utah. 81,607 ...... Verizon Business Networks, Inc., Ashburn, VA ...... May 11, 2011. Service Program Delivery Divi- sion. 81,664 ...... Anthem Blue Cross Blue Shield of South Portland, ME ...... May 30, 2011. Maine, WellPoint, Inc., Enter- prise Business Services, Aerotek, etc. 81,664A ...... Anthem Blue Cross Blue Shield of Manchester, NH ...... May 30, 2011. New Hampshire, WellPoint, Inc., Enterprise Business Serv- ices, Aerotek, etc. 81,664B ...... Anthem Blue Cross Blue Shield of North Haven, CT ...... May 30, 2011. Connecticut, WellPoint, Inc., Enterprise Business Services, Aerotek, etc. 81,710 ...... Sun Life Financial (US) Services Wellesley Hills, MA ...... June 7, 2011. Company, Inc., Sun Life Finan- cial, Inc., Adecco USA, Inc. 81,711 ...... The Nielsen Company (US), LLC, Oldsmar, FL ...... June 12, 2011. GBS NA Watch Operations, Au- dience Measurement, Adecco. 81,712 ...... Hawker Beechcraft Corporation ... Salina, KS ...... May 4, 2012. 81,755 ...... Thomson Reuters, Finance Oper- Eagan, MN ...... June 25, 2011. ations & Technology Div., Adecco. 81,762 ...... SMC Corporation of America, Tustin, CA ...... June 20, 2011. SMC Corporation, Kelly Serv- ices. 81,773 ...... IdaTech, LLC ...... Bend, OR ...... July 2, 2011. 81,776 ...... HCL America, Inc., HCL Tech- Webster, NY ...... July 3, 2011. nologies Limited, Xerox Corp., V Dart, KRG, Genuent, etc. 81,780 ...... American Express Travel Related Salt Lake City, UT ...... July 5, 2011. Services Company, Inc., Global Prepaid Servicing—Global Pay- ment Options (GPS), Kelly Services. 81,789 ...... Easy Gardener Products, Inc., Batesburg-Leesville, SC ...... July 9, 2011. Adecco. 81,806 ...... Gates Corporation, Ashe County Jefferson, NC ...... July 16, 2011. P2P Hydraulic Tubing Assem- bly Facility, Tomkins, LTD, Kelly Services. 81,808 ...... Ferrara Candy Company, Inc., Chattanooga, TN ...... July 29, 2012. Formerly Farley’s & Sathers Candy Company, Inc., Select Staff. 81,808A ...... Ferrara Candy Company, Inc., Chattanooga, TN ...... July 17, 2011. Formerly Farley’s & Sathers Candy, Select Staffing. 81,809 ...... Sathers Trucking, Inc., Ferrara Chattanooga, TN ...... July 17, 2011. Candy, Farley’s & Sathers Candy, Traffic Dept, Select Staffing. 81,810 ...... ESIS, Inc., ACE American Insur- Chatsworth, CA ...... July 17, 2011. ance Co..

The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(f) (firms identified by the

TA–W number Subject firm Location Impact date

81,644 ...... Sapa Extrusions, Personnel Plus City of Industry, CA ...... May 19, 2010.

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Negative Determinations for Worker criteria for worker adjustment assistance (b)(1), or (c)(1)(employment decline or Adjustment Assistance have not been met for the reasons threat of separation) of section 222 has specified. not been met. In the following cases, the The investigation revealed that the investigation revealed that the eligibility criterion under paragraph (a)(1), or

Impact TA–W number Subject firm Location date

81,689A ...... Niles America Wintech, Inc., Assembly & Testing Div., Winchester, KY. Valeo Company, Adecco Employment Services. 81,778 ...... GP Strategies Corporation, RWD Technologies, On-site at Huntsville, AL. Continental Automotive Systems. 81,815 ...... Hartford Financial Services Group, Inc., Commercial/Actu- Hartford, CT. arial/(IDS)/Corporate & Financial Reporting.

The investigation revealed that the (increased imports) and (a)(2)(B) (shift country) of section 222 have not been criteria under paragraphs(a)(2)(A) in production or services to a foreign met.

Impact TA–W number Subject firm Location date

81,571 ...... Cadmus Print Services ...... Easton, PA. 81,601 ...... Celestica, Dallas Division ...... Farmers Branch, TX. 81,689 ...... Niles America Wintech, Inc., Warehousing Div., Valeo Com- Winchester, KY. pany, Adecco Employment Services.

Determinations Terminating required by Section 221 of the Act (19 workers are covered by active Investigations of Petitions for Worker U.S.C. 2271), the Department initiated certifications. Consequently, further Adjustment Assistance investigations of these petitions. investigation in these cases would serve After notice of the petitions was The following determinations no purpose since the petitioning group published in the Federal Register and terminating investigations were issued of workers cannot be covered by more on the Department’s Web site, as because the petitioning groups of than one certification at a time.

Impact TA–W number Subject firm Location date

81,785 ...... DTE Energy, RG Steel Sparrows Point LLC, Severstal Spar- Sparrows Point, MD. rows Point LLC, RG Steel LLC. 81,825 ...... Institute for Career Development, RG Steel Sparrows Point Sparrows Point, MD. LLC, Severstal Sparrows Point LLC, RG Steel LLC. 81,833 ...... Onsite Innovations, Inc., RG Steel Sparrows Point LLC, Sparrows Point, MD. Severstal Sparrows Point LLC, RG Steel LLC.

I hereby certify that the NATIONAL SCIENCE FOUNDATION PLACE: This meeting will be held by aforementioned determinations were teleconference originating at the issued during the period of July 30, 2012 National Science Board; Sunshine Act National Science Board Office, National through August 3, 2012. These Meetings Science Foundation, 4201Wilson Blvd., determinations are available on the The National Science Board, pursuant Arlington, VA 22230. Department’s Web site tradeact/taa/taa to NSF regulations (45 CFR Part 614), UPDATES: Please refer to the National search form.cfm under the searchable the National Science Foundation Act, as Science Board Web site www.nsf.gov/ listing of determinations or by calling amended (42 U.S.C. 1862n–5), and the nsb for additional information. Meeting the Office of Trade Adjustment Government in the Sunshine Act (5 information and schedule updates (time, Assistance toll free at 888–365–6822. U.S.C. 552b), hereby gives notice in place, subject matter or status of Dated: August 7, 2012. regard to the scheduling of a meeting) may be found at http:// teleconference meeting of the Audit and Elliott S. Kushner, www.nsf.gov/nsb/notices/. Oversight Committee for the transaction Certifying Officer, Office of Trade Adjustment of National Science Board business. AGENCY CONTACT: Jacqueline Meszaros, Assistance. AGENCY HOLDING MEETING: National [email protected], (703) 292–7000. [FR Doc. 2012–20113 Filed 8–15–12; 8:45 am] Science Board. BILLING CODE P Ann Bushmiller, DATE AND TIME: Tuesday, August 21, NSB Senior Legal Counsel. 2012 from 4:00–5:00 p.m. [FR Doc. 2012–20196 Filed 8–14–12; 11:15 am] SUBJECT MATTER: Chairman’s remarks, discussion of NSF Office of Inspector BILLING CODE 7555–01–P General FY 2014 Budget. STATUS: Closed.

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NATIONAL SCIENCE FOUNDATION SUBJECT MATTER: Chairman’s remarks, Administration, Mail Stop: TWB–05– consideration and approval of the B01M, U.S. Nuclear Regulatory National Science Board; Sunshine Act National Science Foundation FY 2014 Commission, Washington, DC 20555– Meetings budget. 0001. • The National Science Board, pursuant STATUS: Closed. Fax comments to: RADB at 301– to NSF regulations (45 CFR Part 614), PLACE: This meeting will be held by 492–3446. the National Science Foundation Act, as teleconference originating at the For additional direction on accessing amended (42 U.S.C. 1862n–5), and the National Science Board Office, National information and submitting comments, Government in the Sunshine Act (5 Science Foundation, 4201Wilson Blvd., see ‘‘Accessing Information and U.S.C. 552b), hereby gives notice in Arlington, VA 22230. Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of regard to the scheduling of a UPDATES: Please refer to the National this document. teleconference meeting of the National Science Board Web site www.nsf.gov/ Science Board for the transaction of nsb for additional information. Meeting FOR FURTHER INFORMATION CONTACT: National Science Board business. information and schedule updates (time, Joseph M. Sebrosky, Senior Project AGENCY HOLDING MEETING: National place, subject matter or status of Manager, Office of Nuclear Reactor Science Board. meeting) may be found at http:// Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– DATE AND TIME: Thursday, August 23, www.nsf.gov/nsb/notices/. 0001; telephone: 301–415–1132; email: 2012 from 1:00–2:00 p.m. AGENCY CONTACT: Jacqueline Meszaros, [email protected]. SUBJECT MATTER: Chairman’s remarks, [email protected], (703) 292–7000. SUPPLEMENTARY INFORMATION: discussion of Advanced Laser Ann Bushmiller, Interferometer Gravitational Wave NSB Senior Legal Counsel. I. Accessing Information and Observatory (AdvLIGO) Construction [FR Doc. 2012–20197 Filed 8–14–12; 11:15 am] Submitting Comments Project Change in Scope, and discussion of and action on closed committee BILLING CODE 7555–01–P A. Accessing Information reports. Please refer to Docket ID NRC–2012– STATUS: Closed. 0192 when contacting the NRC about NUCLEAR REGULATORY the availability of information regarding PLACE: This meeting will be held by COMMISSION teleconference originating at the this document. You may access National Science Board Office, National [Docket Nos. 50–361 and 50–362; NRC– information related to this document, Science Foundation, 4201 Wilson Blvd., 2012–0192] which the NRC possesses and are Arlington, VA 22230. publicly available, by any of the Southern California Edison, San following methods: UPDATES: Please refer to the National Onofre Nuclear Generating Station, • Federal Rulemaking Web site: Go to Science Board Web site www.nsf.gov/ Units 2 and 3; Application and http://www.regulations.gov and search nsb for additional information. Meeting Amendment to Facility Operating for Docket ID NRC–2012–0192. information and schedule updates (time, License Involving Proposed No • place, subject matter or status of NRC’s Agencywide Documents Significant Hazards Consideration Access and Management System meeting) may be found at http:// Determination www.nsf.gov/nsb/notices/. (ADAMS): You may access publicly available documents online in the NRC AGENCY: Nuclear Regulatory AGENCY CONTACT: Ann Ferrante, Library at http://www.nrc.gov/reading- Commission. [email protected], (703) 292–7000. rm/adams.html. To begin the search, ACTION: License amendment request; Ann Bushmiller, select ‘‘ADAMS Public Documents’’ and opportunity to comment, request a NSB Senior Legal Counsel. then select ‘‘Begin Web-based ADAMS hearing and petition for leave to Search.’’ For problems with ADAMS, [FR Doc. 2012–20198 Filed 8–14–12; 11:15 am] intervene. BILLING CODE 7555–01–P please contact the NRC’s Public Document Room (PDR) reference staff at DATES: Comments must be filed by 1–800–397–4209, 301–415–4737, or by September 17, 2012. A request for a NATIONAL SCIENCE FOUNDATION email to [email protected]. The hearing must be filed by October 15, ADAMS accession number for each National Science Board; Sunshine Act 2012. document referenced in this notice (if Meetings ADDRESSES: You may access information that document is available in ADAMS) and comment submissions related to is provided the first time that a The National Science Board, pursuant this document, which the NRC document is referenced. The application to NSF regulations (45 CFR Part 614), possesses and are publicly available, by for amendment, dated July 29, 2011 is the National Science Foundation Act, as searching on http://www.regulations.gov available electronically under ADAMS amended (42 U.S.C. 1862n–5), and the under Docket ID NRC–2012–0192. You Accession No. ML112510214. Government in the Sunshine Act (5 may submit comments by any of the • NRC’s PDR: You may examine and U.S.C. 552b), hereby gives notice in following methods: purchase copies of public documents at regard to the scheduling of a • Federal Rulemaking Web site: Go to the NRC’s PDR, Room O1–F21, One teleconference meeting of the http://www.regulations.gov and search White Flint North, 11555 Rockville Committee on Strategy and Budget for for Docket ID NRC–2012–0192. Address Pike, Rockville, Maryland 20852. the transaction of National Science questions about NRC dockets to Carol B. Submitting Comments Board business. Gallagher; telephone: 301–492–3668; AGENCY HOLDING MEETING: National email: [email protected]. Please include Docket ID NRC–2012– Science Board. • Mail comments to: Cindy Bladey, 0192 in the subject line of your DATE AND TIME: Tuesday, August 21, Chief, Rules, Announcements, and comment submission, in order to ensure 2012 from 5:00–6:00 p.m. Directives Branch (RADB), Office of that the NRC is able to make your

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comment submission available to the Volume 1 ..... ITS Chapter 1.0, Use and Ap- (with its letter designator within public in this docket. plication brackets): • The NRC cautions you not to include Volume 2 ..... ITS Chapter 2.0, Safety Limits Administrative changes (A)— identifying or contact information in (SLs) Changes to the CTS that do not result in comment submissions that you do not Volume 3 ..... ITS Section 3.0, Limiting Con- new requirements or change operational dition for Operation (LCO) restrictions or flexibility. These changes want to be publicly disclosed. The NRC Applicability and Surveil- posts all comment submissions at are supported in aggregate by a single lance Requirement (SR) Ap- generic no significant hazards http://www.regulations.gov as well as plicability consideration (NSHC). enters the comment submissions into Volume 4 ..... ITS Section 3.1, Reactivity • ADAMS. The NRC does not edit Control Systems More restrictive changes (M)— comment submissions to remove Volume 5 ..... ITS Section 3.2, Power Dis- Changes to the CTS that result in added identifying or contact information. tribution Limits restrictions or reduced flexibility. These Volume 6 ..... ITS Section 3.3, Instrumenta- changes are supported in aggregate by a If you are requesting or aggregating tion single generic NSHC. comments from other persons for Volume 7 ..... ITS Section 3.4, Reactor Cool- • Relocated specifications (R)— submission to the NRC, then you should ant System (RCS) Changes to the CTS that relocate inform those persons not to include Volume 8 ..... ITS Section 3.5, Emergency specifications that do not meet the identifying or contact information in Core Cooling Systems selection criteria of Title 10 of the Code (ECCS) their comment submissions that they do of Federal Regulations (10 CFR) not want to be publicly disclosed. Your Volume 9 ..... ITS Section 3.6, Containment Systems 50.36(c)(2)(ii). These changes are request should state that the NRC will supported in aggregate by a single not edit comment submissions to Volume 10 ... ITS Section 3.7, Plant Sys- tems generic NSHC. remove such information before making Volume 11 ... ITS Section 3.8, Electrical • Removed detail changes (LA)— the comment submissions available to Power Systems Changes to the CTS that eliminate detail the public or entering the comment Volume 12 ... ITS Section 3.9, Refueling Op- and relocate the detail to a licensee- submissions into ADAMS. erations controlled document. Typically, this Volume 13 ... ITS Chapter 4.0, Design Fea- involves details of system design and II. Introduction tures function, or procedural detail on The U.S. Nuclear Regulatory Volume 14 ... ITS Chapter 5.0, Administra- tive Controls methods of conducting a Surveillance Commission (NRC, the Commission) is Requirement (SR). These changes are considering issuance of an amendment Enclosure 2 of the LAR provides a supported in aggregate by a single to Facility Operating License Nos. NPF– description of the three beyond scope generic NSHC. 10 and NPF–15 issued to Southern • changes, and Enclosure 3 includes a list Less restrictive changes (L)— California Edison Company (SCE, the of the TSTFs that would be adopted in Changes to the CTS that result in licensee) for operation of the San Onofre whole or in part in the proposed reduced restrictions or added flexibility. Nuclear Generating Station (SONGS), amendment. These changes are supported either in Units 2 and 3, located in San Diego This notice is based on the LAR dated aggregate by a generic NSHC that County, California. July 29, 2011, and the information addresses a particular category of less The licensee submitted a license provided to the NRC through the San restrictive change, or by a specific amendment request (LAR) for SONGS, Onofre ITS Conversion Web page hosted NSHC if the change does not fall into Units 2 and 3, dated July 29, 2011, by Excel Services Corporation at http:// one of the eight categories of less requesting approval to convert the www.excelservices.com. To expedite the restrictive changes. The eight categories Current Technical Specifications (CTS) review of the application, the NRC staff of less restrictive changes are designated to be consistent with the most recently issued or will issue its requests for as: approved version of the Standard additional information (RAIs) and the —Category 1—Relaxation of LCO Technical Specifications (STS) for licensee addressed or will address the Requirements Combustion Engineering Plants, RAIs through the ITS Conversion Web —Category 2—Relaxation of NUREG–1432. In 1996, SONGS was the page. Entry into the database is Applicability first plant to adopt the STS for protected so that only the licensee and —Category 3—Relaxation of Completion Combustion Engineering plants NRC reviewers can enter information Time (NUREG–1432, Revision 0). Over time, a into the database to add RAIs (NRC) or —Category 4—Relaxation of Required number of changes and revisions have provide responses to the RAIs (the Action been made to those STS, and this LAR licensee); however, the public can enter —Category 5—Deletion of Surveillance seeks to update the SONGS CTS to the the database to read the questions asked Requirement Improved STS (ITS) reflected in and the responses provided. To be in —Category 6—Relaxation of NUREG–1432, Revision 3, with the compliance with the regulations for Surveillance Requirement Acceptance additional adoption of some recent written communications for LARs and Criteria Technical Specification Task Force to have the database on the SONGS —Category 7—Relaxation of (TSTF) travelers. The LAR also includes dockets before the amendments would Surveillance Frequency beyond scope changes that are beyond be issued, the licensee will provide a —Category 8—Deletion of Reporting the scope of the ITS as described in copy of the database in a submittal to Requirements NUREG–1432, Revision 3, and beyond the NRC after there are no future RAIs If the less restrictive change is the scope of the SONGS CTS. and before the amendments can be covered by a generic NSHC, the category Attachment 1 of the LAR contains 15 issued. The RAIs and responses to RAIs of the change is identified in italics at volumes; Volumes 1–14 provide a are organized by ITS Section. the beginning of the discussion of detailed description of the proposed The licensee has classified each changes (DOCs) in the LAR. changes to the following ITS Chapters proposed change to the SONGS CTS The three less restrictive changes and Sections: into one of the following five categories covered by a specific NSHC are

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described in the LAR in ITS 1.0, ‘‘Use regulatory control, such as the Offsite meeting limits by restricting the and Applications,’’ Less Restrictive Dose Calculation Manual (ODCM), the application of the limits to the Change L01 (Attachment 1, Volume 1, Quality Assurance Program (QAP), the conditions assumed in the safety page 112), and ITS 3.0, ‘‘LCO and SR Inservice Testing (IST) Program, the analyses. The ITS is also consistent with Applicability,’’ Less Restrictive Changes Inservice Inspection (ISI) Program, and the plant current licensing basis, as may L01 and L02 (Attachment 1, Volume 3, the Surveillance Frequency Control be modified in the discussion of pages 2 and 4, respectively). Program (SFCP). The removal of this individual changes. The change is Administrative Changes. Some of the information is considered to be less generally made to conform with proposed changes involve reformatting, restrictive because it is no longer NUREG–1432, and has been evaluated renumbering, and rewording of CTS controlled by the TS change process. to not be detrimental to plant safety. with no change in intent. These Typically, the information moved is Less Restrictive Changes—Category changes, since they do not involve descriptive in nature and its removal 3—Relaxation of Completion Time. technical changes to the CTS, are conforms to NUREG–1432 for format Some of the proposed changes involve administrative. This type of change is and content. relaxation of the Completion Times for connected with the movement of Less Restrictive Changes—Category Required Actions in the CTS. Upon requirements within the current 1—Relaxation of LCO Requirements. discovery of a failure to meet an LCO, requirements, or with the modification Some of the proposed changes involve the ITS specifies times for completing of wording that does not affect the relaxation of the CTS Limiting Required Actions of the associated technical content of the CTS. These Conditions for Operation (LCOs) by the Conditions. Required Actions of the changes also include non-technical elimination of specific items from the associated Conditions are used to modifications of requirements to LCO or Tables referenced in the LCO, or establish remedial measures that must conform to TSTF–GG–05–01, ‘‘Writer’s the addition of exceptions to the LCO. be taken within specified Completion Guide for Plant-Specific Improved These changes reflect the ITS approach Times. These times define limits during Standard Technical Specifications,’’ or to provide LCO requirements that which operation in a degraded provide consistency with the ITS in specify the protective conditions that condition is permitted. Adopting NUREG–1432. Administrative changes are required to meet safety analysis Completion Times from the ITS is are not intended to add, delete, or assumptions for required features. These acceptable because the Completion relocate any technical requirements of conditions replace the lists of specific Times take into account the the CTS. devices used in the CTS to describe the OPERABILITY status of the redundant More Restrictive Changes. Some of the requirements needed to meet the safety systems of required features, the proposed changes involve adding more analysis assumptions. The ITS also capacity and capability of remaining restrictive requirements to the CTS by includes LCO Notes which allow features, a reasonable time for repairs or either making current requirements exceptions to the LCO for the replacement of required features, and more stringent or by adding new performance of testing or other the low probability of a Design Basis requirements that currently do not exist. operational needs. The ITS provides the Accident (DBA) occurring during the These changes include additional protection required by the safety repair period. In addition, the ITS requirements that decrease allowed analysis, and provides flexibility for provides consistent Completion Times outage times, increase the Frequency of meeting the conditions without for similar conditions. These changes Surveillances, impose additional adversely affecting operations since are generally made to conform with Surveillances, increase the scope of equivalent features are required to be NUREG–1432, and have been evaluated Specifications to include additional OPERABLE. The ITS is also consistent to not be detrimental to plant safety. plant equipment, increase the with the plant current licensing basis, as Less Restrictive Changes—Category Applicability of Specifications, or may be modified in the discussion of 4—Relaxation of Required Action. Some provide additional actions. These individual changes. These changes are of the proposed changes involve changes are generally made to conform generally made to conform with relaxation of the Required Actions in to NUREG–1432 and have been NUREG–1432, and have been evaluated the CTS. Upon discovery of a failure to evaluated to not be detrimental to plant to not be detrimental to plant safety. meet an LCO, the ITS specifies Required safety. Less Restrictive Changes—Category Actions to complete for the associated Relocated Specifications. Some of the 2—Relaxation of Applicability. Some of Conditions. Required Actions of the proposed changes involve relocating the proposed changes involve relaxation associated Conditions are used to CTS LCOs to licensee-controlled of the applicability of CTS LCOs by establish remedial measures that must documents. SCE has evaluated the CTS reducing the conditions under which be taken in response to the degraded using the criteria set forth in 10 CFR the LCO requirements must be met. CTS conditions. These actions minimize the 50.36. Specifications identified by this requirements are being eliminated risk associated with continued evaluation that did not meet the during conditions for which the safety operation while providing time to repair retention requirements specified in the function of the specified safety system inoperable features. Some of the regulation are not included in the ITS. is met because the feature is performing Required Actions are modified to place These specifications have been its intended safety function. Deleting the plant in a MODE in which the LCO relocated from the CTS to either the applicability requirements that are does not apply. Adopting Required Licensee Controlled Specification (LCS), indeterminate or which are inconsistent Actions from NUREG–1432 is which is currently incorporated by with application of accident analyses acceptable because the Required reference into the Updated Final Safety assumptions is acceptable because when Actions take into account the Analysis Report (UFSAR) or the UFSAR. LCOs cannot be met, the ITS may be OPERABILITY status of redundant Removed Detail Changes. Some of the satisfied by exiting the applicability systems of required features, the proposed changes involve moving which takes the plant out of the capacity and capability of the remaining details out of the CTS and into the TS conditions that require the safety system features, and the compensatory Bases, the UFSAR, the Containment to be OPERABLE. This change provides attributes of the Required Actions as Leakage Rate Testing (CLRT) Program, the protection required by the safety compared to the LCO requirements. the LCS, or other documents under analyses, and provides flexibility for These changes are generally made to

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conform with NUREG–1432, and have Increasing the time interval between requirements, or the reports do not been evaluated to not be detrimental to Surveillance tests in the ITS results in affect continued plant operation. plant safety. decreased equipment unavailability due Therefore, this change has no effect on Less Restrictive Changes—Category to testing which also increases the safe operation of the plant. These 5—Deletion of Surveillance equipment availability. In general, the changes are generally made to conform Requirement. Some of the proposed ITS contain Surveillance Frequencies with NUREG–1432, and have been changes involve deletion of SRs in the that are consistent with industry evaluated to not be detrimental to plant CTS. The CTS require safety systems to practice or industry standards for safety. be tested and verified OPERABLE prior achieving acceptable levels of Before issuance of the proposed to entering applicable operating equipment reliability. Adopting testing license amendment, the Commission conditions. The ITS eliminates practices specified in the ITS is will have made findings required by the unnecessary CTS SRs that do not acceptable based on similar design, like- Atomic Energy Act of 1954, as amended contribute to verification that the component testing for the system (the Act), and the Commission’s equipment used to meet the LCO can application and the availability of other regulations. perform its required functions. Thus, ITS requirements which provide regular The Commission has made a appropriate equipment continues to be checks to ensure limits are met. proposed determination that the tested in a manner and at a frequency Relaxation of Surveillance Frequency amendment request involves no necessary to give confidence that the can also include the addition of significant hazards consideration. Under equipment can perform its assumed Surveillance Notes which allow testing the Commission’s regulations in Title 10 safety functions. These changes are to be delayed until appropriate unit of the Code of Federal Regulations (10 generally made to conform with conditions for the test are established, or CFR) 50.92, this means that operation of NUREG–1432, and have been evaluated exempt testing in certain MODES or the facility in accordance with the to not be detrimental to plant safety. specified conditions in which the proposed amendment would not (1) Less Restrictive Changes—Category testing cannot be performed. involve a significant increase in the 6—Relaxation of Surveillance Reduced testing can result in a safety probability or consequences of an Requirement Acceptance Criteria. Some enhancement because the unavailability accident previously evaluated; or (2) of the proposed changes involve the due to testing is reduced, and reliability create the possibility of a new or relaxation of SRs acceptance criteria in of the affected structure, system or different kind of accident from any the CTS. The CTS require safety systems component should remain constant or accident previously evaluated; or (3) to be tested and verified OPERABLE increase. Reduced testing is acceptable involve a significant reduction in a prior to entering applicable operating where operating experience, industry margin of safety. As required by 10 CFR conditions. The ITS eliminates or practice, or the industry standards such 50.91(a), the licensee has provided its relaxes the SR acceptance criteria that as manufacturers’ recommendations analysis of the issue of NSHC, by do not contribute to verification that the have shown that these components classification of change, which is equipment used to meet the LCO can usually pass the Surveillance when presented below. The generic proposed perform its required functions. For performed at the specified interval, thus NSHC, by classification of change, are example, the ITS allows some SRs to the Surveillance Frequency is listed first, followed by the specific verify OPERABILITY under actual or acceptable from a reliability standpoint. proposed NSHC related to ITS Chapter test conditions. Adopting the ITS Surveillance Frequency changes to 1.0 Less Restrictive Change L01, ITS allowance for ‘‘actual’’ conditions is incorporate alternate train testing have Section 3.0 Less Restrictive Change L01, acceptable because required features been shown to be acceptable where and ITS Section 3.0 Less Restrictive cannot distinguish between an ‘‘actual’’ other qualitative or quantitative test change L02 (changes that do not fall into signal or a ‘‘test’’ signal. Also included requirements are required that are one of the eight categories of less are changes to CTS requirements that established predictors of system restrictive changes). are replaced in the ITS with separate performance. Surveillance Frequency and distinct testing requirements that extensions can be based on NRC- Generic Proposed NSHC when combined, include OPERABILITY approved topical reports. The NRC staff Administrative Changes verification of all components required has accepted topical report analyses that 1. Does the proposed change involve a in the LCO for the features specified in bound the plant-specific design and significant increase in the probability or the CTS. Adopting this format component reliability assumptions. consequences of an accident previously preference in the ITS is acceptable These changes are generally made to evaluated? because SRs that remain include testing conform with NUREG–1432, and have Response: No. of all previous features required to be been evaluated to not be detrimental to The proposed change involves verified OPERABLE. Changes that plant safety. reformatting, renumbering, and rewording the CTS. The reformatting, renumbering, and provide exceptions to SRs to provide for Less Restrictive Changes—Category rewording process involves no technical variations that do not affect the results 8—Deletion of Reporting Requirements. changes to the CTS. As such, this change is of the test are also included in this Some of the proposed changes involve administrative in nature and does not affect category. These changes are generally the deletion of requirements in the CTS initiators of analyzed events or assumed made to conform with NUREG–1432, to send reports to the NRC. The CTS mitigation of accident or transient events. and have been evaluated to not be includes requirements to submit reports Therefore, the proposed change does not detrimental to plant safety. to the NRC under certain circumstances. involve a significant increase in the Less Restrictive Changes—Category However, the ITS eliminates these probability or consequences of an accident 7—Relaxation of Surveillance requirements for many such reports and, previously evaluated. Frequency. Some of the proposed in many cases, relies on the reporting 2. Does the proposed change create the possibility of a new or different kind of changes involve the relaxation of requirements of 10 CFR 50.73 or other accident from any accident previously Surveillance Frequencies in the CTS. regulatory requirements. The ITS evaluated? CTS and ITS Surveillance Frequencies changes to reporting requirements are Response: No. specify time interval requirements for acceptable because the regulations The proposed change does not involve a performing Surveillance tests. provide adequate reporting physical alteration of the plant (no new or

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different type of equipment will be installed) Relocated Specifications Surveillances to a licensee controlled or changes in methods governing normal 1. Does the proposed change involve a document. plant operation. The proposed change will significant increase in the probability or Therefore, the proposed change does not not impose any new or eliminate any old consequences of an accident previously involve a significant reduction in the margin requirements. evaluated? of safety. Therefore, the proposed change does not Response: No. Removed Detail Changes create the possibility of a new or different The proposed change relocates 1. Does the proposed change involve a kind of accident from any previously requirements and Surveillances for significant increase in the probability or evaluated. structures, systems, components, or variables consequences of an accident previously 3. Does the proposed change involve a that do not meet the criteria of 10 CFR evaluated? significant reduction in a margin of safety? 50.36(c)(2)(ii) for inclusion in Technical Response: No. Response: No. Specifications as identified in the The proposed change relocates certain The proposed change will not reduce a Application of Selection Criteria to the details from the CTS to other documents margin of safety because it has no effect on SONGS Technical Specifications. The under regulatory control. The Technical any safety analyses assumptions. This change affected structures, systems, components or Specification Bases and the LCS, which is is administrative in nature. variables are not assumed to be initiators of currently incorporated by reference into the Therefore, the proposed change does not analyzed events and are not assumed to UFSAR, will be maintained in accordance involve a significant reduction in a margin of mitigate accident or transient events. The with 10 CFR 50.59. In addition to 10 CFR safety. requirements and Surveillances for these 50.59 provisions, the Technical Specification More Restrictive Changes affected structures, systems, components, or Bases are subject to the change control variables will be relocated from the CTS to 1. Does the proposed change involve a provisions in the Administrative Controls the LCS, which is currently incorporated by Chapter of the ITS. The UFSAR is subject to significant increase in the probability or reference into the UFSAR, thus it will be consequences of an accident previously the change control provisions of 10 CFR maintained pursuant to 10 CFR 50.59. The 50.59 and 10 CFR 50.71(e). Other documents evaluated? UFSAR is subject to the change control are subject to controls imposed by the ITS or Response: No. provisions of 10 CFR 50.59 and 10 CFR other regulations. Since any changes to these The proposed change provides more 50.71(e). In addition, the affected structures, documents will be evaluated, no significant stringent Technical Specification systems, components, or variables are increase in the probability or consequences requirements for the facility. These more addressed in existing surveillance procedures of an accident previously evaluated will be stringent requirements do not result in which are also controlled by 10 CFR 50.59, allowed. operations that significantly increase the and are subject to the change control Therefore, the proposed change does not probability of initiating an analyzed event, provisions imposed by plant administrative involve a significant increase in the and do not alter assumptions relative to procedures, which endorse applicable probability or consequences of an accident mitigation of an accident or transient event. regulations and standards. previously evaluated. The more restrictive requirements continue Therefore, the proposed change does not 2. Does the proposed change create the to ensure process variables, structures, involve a significant increase in the possibility of a new or different kind of systems, and components are maintained probability or consequences of an accident accident from any accident previously consistent with the safety analyses and previously evaluated. evaluated? licensing basis. 2. Does the proposed change create the Response: No. Therefore, the proposed change does not possibility of a new or different kind of The proposed change does not involve a involve a significant increase in the accident from any accident previously physical alteration of the plant (no new or probability or consequences of an accident evaluated? different type of equipment will be installed) previously evaluated. Response: No. or a change in the methods governing normal 2. Does the proposed change create the The proposed change does not involve a plant operations. The proposed change will possibility of a new or different kind of physical alteration of the plant (no new or not impose or eliminate any requirements, accident from any accident previously different type of equipment will be installed) and adequate control of the information will evaluated? or change in the methods governing normal be maintained. Response: No. plant operation. The proposed change will Therefore, the proposed change does not The proposed change does not involve a not impose or eliminate any requirements, create the possibility of a new or different physical alteration of the plant (no new or and adequate control of existing kind of accident from any previously different type of equipment will be installed) requirements will be maintained. evaluated. or changes in methods governing normal Therefore, the proposed change does not 3. Does the proposed change involve a plant operation. The proposed change does create the possibility of a new or different significant reduction in a margin of safety? impose different Technical Specification kind of accident from any previously Response: No. requirements. However, these changes are evaluated. The proposed change will not reduce a consistent with the assumptions in the safety 3. Does the proposed change involve a margin of safety because it has no effect on analyses and licensing basis. significant reduction in a margin of safety? any assumption of the safety analyses. In Therefore, the proposed change does not Response: No. addition, the details to be moved from the create the possibility of a new or different The proposed change will not reduce a CTS to other documents are not being kind of accident from any previously margin of safety because it has no significant changed. Since any future changes to these evaluated. effect on any safety analyses assumptions, as details will be evaluated under the applicable 3. Does the proposed change involve a indicated by the fact that the requirements do regulatory change control mechanism, no significant reduction in a margin of safety? not meet the 10 CFR 50.36 criteria for significant reduction in a margin of safety Response: No. retention. In addition, the relocated will be allowed. A significant reduction in The imposition of more restrictive requirements are moved without change, and the margin of safety is not associated with the requirements either has no effect on or any future changes to these requirements will elimination of the 10 CFR 50.90 requirement increases the margin of plant safety. As be evaluated per 10 CFR 50.59. for NRC review and approval of future provided in the discussion of change, each NRC prior review and approval of changes changes to the relocated details. Not change in this category is, by definition, to these relocated requirements, in including these details in the Technical providing additional restrictions to enhance accordance with 10 CFR 50.92, will no longer Specifications is consistent with NUREG– plant safety. The change maintains be required. This review and approval does 1432, issued by the NRC, which allows requirements within the safety analyses and not provide a specific margin of safety that revising the Technical Specifications to licensing basis. can be evaluated. However, the proposed relocate these requirements and Therefore, the proposed change does not change is consistent with NUREG–1432, Surveillances to a licensee controlled involve a significant reduction in a margin of issued by the NRC, which allows revising the document controlled by 10 CFR 50.59, 10 safety. CTS to relocate these requirements and CFR 50.71(e), or other Technical

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Specification controlled or regulation relative to mitigation of an accident or The proposed change does not involve a controlled documents. transient event in that the requirements physical alteration of the plant (no new or Therefore, the proposed change does not continue to ensure that process variables, different type of equipment will be installed) involve a significant reduction in the margin structures, systems, and components are or a change in the method governing normal of safety. maintained in the MODES and other plant operation. The Required Actions and Less Restrictive Changes—Category 1— specified conditions assumed in the safety associated Completion Times in the ITS have been evaluated to ensure that no new Relaxation of LCO Requirements analyses and licensing basis. Therefore, the proposed change does not accident initiators are introduced. 1. Does the proposed change involve a involve a significant increase in the Therefore, the proposed change does not significant increase in the probability or probability or consequences of an accident create the possibility of a new or different consequences of an accident previously previously evaluated. kind of accident from any previously evaluated? 2. Does the proposed change create the evaluated. Response: No. possibility of a new or different kind of 3. Does the proposed change involve a The proposed change provides less accident from any accident previously significant reduction in a margin of safety? restrictive LCO requirements for operation of evaluated? Response: No. the facility. These less restrictive LCO Response: No. The relaxed Completion Time for a requirements do not result in operation that The proposed change does not involve a Required Action does not involve a will significantly increase the probability of physical alteration of the plant (no new or significant reduction in the margin of safety. initiating an analyzed event and do not alter different type of equipment will be installed) As provided in the discussion of change, the assumptions relative to mitigation of an or a change in the methods governing normal change has been evaluated to ensure that the accident or transient event in that the plant operation. The proposed change does allowed Completion Time is consistent with requirements continue to ensure process impose different requirements. However, the safe operation under the specified Condition, variables, structures, systems, and requirements are consistent with the considering the OPERABILITY status of the components are maintained consistent with assumptions in the safety analyses and redundant systems of required features, the the current safety analyses and licensing licensing basis. capacity and capability of remaining features, basis. Therefore, the proposed change does not a reasonable time for repairs or replacement Therefore, the proposed change does not create the possibility of a new or different of required features, and the low probability involve a significant increase in the kind of accident from any previously of a DBA occurring during the repair period. probability or consequences of an accident evaluated. Therefore, the proposed change does not previously evaluated. 3. Does the proposed change involve a involve a significant reduction in a margin of 2. Does the proposed change create the significant reduction in a margin of safety? safety. possibility of a new or different kind of Response: No. Less Restrictive Changes—Category 4— accident from any accident previously The relaxed applicability of LCO Relaxation of Required Action evaluated? requirements does not involve a significant Response: No. reduction in the margin of safety. As 1. Does the proposed change involve a The proposed change does not involve a provided in the discussion of change, this significant increase in the probability or physical alteration of the plant (no new or change has been evaluated to ensure that the consequences of an accident previously different type of equipment will be installed) LCO requirements are applied in the MODES evaluated? or a change in the methods governing normal and specified conditions assumed in the Response: No. plant operation. The proposed change does safety analyses and licensing basis. The proposed change relaxes Required impose different requirements. However, the Therefore, the proposed change does not Actions. Required Actions and their change is consistent with the assumptions in involve a significant reduction in a margin of associated Completion Times are not the current safety analyses and licensing safety. initiating conditions for any accident basis. previously evaluated, and the accident Therefore, the proposed change does not Less Restrictive Changes—Category 3— analyses do not assume that required create the possibility of a new or different Relaxation of Completion Time equipment is out of service prior to the kind of accident from any previously 1. Does the proposed change involve a analyzed event. Consequently, the relaxed evaluated. significant increase in the probability or Required Actions do not significantly 3. Does the proposed change involve a consequences of an accident previously increase the probability of any accident significant reduction in a margin of safety? evaluated? previously evaluated. The Required Actions Response: No. Response: No. in the ITS have been developed to provide The imposition of less restrictive LCO The proposed change relaxes the appropriate remedial actions to be taken in requirements does not involve a significant Completion Time for a Required Action. response to the degraded condition reduction in the margin of safety. As Required Actions and their associated considering the OPERABILITY status of the provided in the discussion of change, this Completion Times are not initiating redundant systems of required features, and change has been evaluated to ensure that the conditions for any accident previously the capacity and capability of remaining current safety analyses and licensing basis evaluated, and the accident analyses do not features while minimizing the risk associated requirements are maintained. assume that required equipment is out of with continued operation. As a result, the Therefore, the proposed change does not service prior to the analyzed event. consequences of any accident previously involve a significant reduction in a margin of Consequently, the relaxed Completion Time evaluated are not significantly increased. safety. does not significantly increase the probability Therefore, the proposed change does not of any accident previously evaluated. The involve a significant increase in the Less Restrictive Changes—Category 2— consequences of an analyzed accident during probability or consequences of an accident Relaxation of Applicability the relaxed Completion Time are the same as previously evaluated. 1. Does the proposed change involve a the consequences during the existing 2. Does the proposed change create the significant increase in the probability or Completion Time. As a result, the possibility of a new or different kind of consequences of an accident previously consequences of any accident previously accident from any accident previously evaluated? evaluated are not significantly increased. evaluated? Response: No. Therefore, the proposed change does not Response: No. The proposed change relaxes the involve a significant increase in the The proposed change does not involve a conditions under which the LCO probability or consequences of an accident physical alteration of the plant (no new or requirements for operation of the facility previously evaluated. different type of equipment will be installed) must be met. These less restrictive 2. Does the proposed change create the or a change in the methods governing normal applicability requirements for the LCOs do possibility of a new or different kind of plant operation. The Required Actions and not result in operation that will significantly accident from any accident previously associated Completion Times in the ITS have increase the probability of initiating an evaluated? been evaluated to ensure that no new analyzed event and do not alter assumptions Response: No. accident initiators are introduced.

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Therefore, the proposed change does not continues to be tested in a manner and at a could initiate an accident previously create the possibility of a new or different frequency necessary to give confidence that evaluated will continue to operate as kind of accident from any previously the equipment can perform its assumed expected, and the probability of the initiation evaluated. safety function. of any accident previously evaluated will not 3. Does the proposed change involve a Therefore, the proposed change does not be significantly increased. The equipment significant reduction in a margin of safety? involve a significant reduction in a margin of being tested is still required to be OPERABLE Response: No. safety. and capable of performing any accident The relaxed Required Actions do not Less Restrictive Changes—Category 6— mitigation functions assumed in the accident involve a significant reduction in the margin Relaxation of Surveillance Requirement analyses. As a result, the consequences of of safety. As provided in the discussion of Acceptance Criteria any accident previously evaluated are not change, this change has been evaluated to significantly affected. minimize the risk of continued operation 1. Does the proposed change involve a Therefore, the proposed change does not under the specified Condition, considering significant increase in the probability or involve a significant increase in the the OPERABILITY status of the redundant consequences of an accident previously probability or consequences of an accident systems of required features, the capacity and evaluated? previously evaluated. capability of remaining features, a reasonable Response: No. 2. Does the proposed change create the time for repairs or replacement of required The proposed change relaxes the possibility of a new or different kind of features, and the low probability of a Design acceptance criteria of Surveillance accident from any accident previously Basis Accident (DBA) occurring during the Requirements. Surveillances are not initiators evaluated? repair period. to any accident previously evaluated. Response: No. Therefore, the proposed change does not Consequently, the probability of an accident The proposed change does not involve a involve a significant reduction in a margin of previously evaluated is not significantly physical alteration of the plant (no new or safety. increased. The equipment being tested is still different type of equipment will be installed) required to be OPERABLE and capable of or a change in the methods governing normal Less Restrictive Changes—Category 5— performing the accident mitigation functions Deletion of Surveillance Requirement plant operation. assumed in the accident analyses. As a result, Therefore, the proposed change does not 1. Does the proposed change involve a the consequences of any accident previously create the possibility of a new or different significant increase in the probability or evaluated are not significantly affected. kind of accident from any previously consequences of an accident previously Therefore, the proposed change does not evaluated. evaluated? involve a significant increase in the 3. Does the proposed change involve a Response: No. probability or consequences of an accident significant reduction in a margin of safety? The proposed change deletes Surveillance previously evaluated. Response: No. Requirements. Surveillances are not initiators 2. Does the proposed change create the The relaxed Surveillance Frequencies do to any accident previously evaluated. possibility of a new or different kind of not result in a significant reduction in the Consequently, the probability of an accident accident from any accident previously margin of safety. As provided in the previously evaluated is not significantly evaluated? discussion of change, the relaxation in the increased. The equipment being tested is still Response: No. Surveillance Frequency has been evaluated required to be OPERABLE and capable of The proposed change does not involve a to ensure that it provides an acceptable level performing the accident mitigation functions physical alteration of the plant (no new or of equipment reliability. Thus, appropriate assumed in the accident analyses. As a result, different type of equipment will be installed) equipment continues to be tested at a the consequences of any accident previously or a change in the methods governing normal Frequency that gives confidence that the evaluated are not significantly affected. plant operation. equipment can perform its assumed safety Therefore, the proposed change does not Therefore, the proposed change does not function when required. involve a significant increase in the create the possibility of a new or different Therefore, the proposed change does not probability or consequences of an accident kind of accident from any previously involve a significant reduction in a margin of previously evaluated. evaluated. safety. 2. Does the proposed change create the 3. Does the proposed change involve a possibility of a new or different kind of significant reduction in a margin of safety? Less Restrictive Changes—Category 8— accident from any accident previously Response: No. Deletion of Reporting Requirements evaluated? The relaxed acceptance criteria for 1. Does the proposed change involve a Response: No. Surveillance Requirements do not result in a significant increase in the probability or The proposed change does not involve a significant reduction in the margin of safety. consequences of an accident previously physical alteration of the plant (no new or As provided in the discussion of change, the evaluated? different type of equipment will be installed) relaxed Surveillance Requirement acceptance Response: No. or a change in the methods governing normal criteria have been evaluated to ensure that The proposed change deletes reporting plant operation. The remaining Surveillance they are sufficient to verify that the requirements. Sending reports to the NRC is Requirements are consistent with industry equipment used to meet the LCO can perform not an initiator of any accident previously practice, and are considered sufficient to its required functions. Thus, appropriate evaluated. Consequently, the probability of prevent the removal of the subject equipment continues to be tested in a manner any accident previously evaluated is not Surveillances from creating a new or that gives confidence that the equipment can significantly increased. Sending reports to different type of accident. perform its assumed safety function. the NRC has no effect on the ability of Therefore, the proposed change does not Therefore, the proposed change does not equipment to mitigate an accident previously create the possibility of a new or different involve a significant reduction in a margin of evaluated. As a result, the consequences of kind of accident from any previously safety. any accident previously evaluated is not evaluated. significantly affected. Less Restrictive Changes—Category 7— 3. Does the proposed change involve a Therefore, the proposed change does not Relaxation of Surveillance Frequency significant reduction in a margin of safety? involve a significant increase in the Response: No. 1. Does the proposed change involve a probability or consequences of an accident The deleted Surveillance Requirements do significant increase in the probability or previously evaluated. not result in a significant reduction in the consequences of an accident previously 2. Does the proposed change create the margin of safety. As provided in the evaluated? possibility of a new or different kind of discussion of change, the change has been Response: No. accident from any accident previously evaluated to ensure that the deleted The proposed change relaxes Surveillance evaluated? Surveillance Requirements are not necessary Frequencies. The relaxed Surveillance Response: No. for verification that the equipment used to Frequencies have been established based on The proposed change does not involve a meet the LCO can perform its required achieving acceptable levels of equipment physical alteration of the plant (no new or functions. Thus, appropriate equipment reliability. Consequently, equipment that different type of equipment will be installed)

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or a change in the methods governing normal different type of equipment will be installed) inoperable when the associated snubber(s) plant operation. or a change in the methods governing normal cannot perform its required safety function. Therefore, the proposed change does not plant operation. The change does not alter The proposed change restores an allowance create the possibility of a new or different any assumptions made in the safety analysis. in the pre-ISTS conversion TS that was kind of accident from any previously Therefore, the proposed change does not unintentionally eliminated by the evaluated. create the possibility of a new or different conversion. The pre-ISTS TS were 3. Does the proposed change involve a kind of accident from any accident considered to provide an adequate margin of significant reduction in a margin of safety? previously evaluated. safety for plant operation, as does the post- Response: No. 3. Does the proposed change involve a ISTS conversion TS. Therefore, this change The deletion of reporting requirements significant reduction in a margin of safety? does not involve a significant reduction in a does not result in a significant reduction in Response: No. margin of safety. the margin of safety. The ITS eliminates the The proposed change to delete the second ITS Section 3.0, ‘‘LCO and SR requirements for many such reports and, in Completion Time does not alter the manner Applicability,’’ Less Restrictive Change L02 many cases, relies on the reporting in which safety limits, limiting safety system (LAR, Attachment 1, Volume 3, page 60 of requirements of 10 CFR 50.73 or other settings or limiting conditions for operation 64): regulatory requirements. The change to are determined. The safety analysis 1. Does the change involve a significant reporting requirements does not affect the acceptance criteria are not affected by this increase in the probability or consequences margin of safety because the regulations change. The proposed change will not result of an accident previously evaluated? provide adequate reporting requirements, or in plant operation in a configuration outside Response: No. the reports do not affect continued plant of the design basis. Therefore, the proposed The proposed change allows entry into a operation. change does not involve a significant MODE while relying on ACTIONS. Being in Therefore, the proposed change does not reduction in a margin of safety. an ACTION is not an initiator of any accident involve a significant reduction in a margin of ITS Section 3.0, ‘‘LCO and SR previously evaluated. Consequently, the safety. Applicability,’’ Less Restrictive Change L01 probability of an accident previously (LAR, Attachment 1, Volume 3, page 57 of Specific Proposed NSHC (Change Does Not evaluated is not significantly increased. The 64): Fall Into One of Eight Categories of Less consequences of an accident while relying on 1. Does the proposed change involve a Restrictive Changes) ACTIONS as allowed by the proposed LCO significant increase in the probability or 3.0.4 are no different than the consequences ITS Chapter 1.0, ‘‘Use and Applications,’’ consequences of an accident previously Less Restrictive Change L01 (LAR, of an accident while relying on ACTIONS for evaluated? Attachment 1, Volume 1; page 112 of 114): other reasons, such as equipment Response: No. 1. Does the proposed change involve a inoperability. Therefore, the consequences of The proposed change allows a delay time significant increase in the probability or an accident previously evaluated are not before declaring supported TS systems consequences of an accident previously inoperable when the associated snubber(s) significantly increased by this change. evaluated? cannot perform its required safety function. Therefore, this change does not involve a Response: No. Entrance into Actions or delaying entrance significant increase in the probability or The proposed change eliminates certain into Actions is not an initiator of any consequences of an accident previously Completion Times from the Technical accident previously evaluated. Therefore, the evaluated. Specifications. Completion Times are not an 2. Does the change create the possibility of initiator to any accident previously probability of an accident previously evaluated is not significantly increased. The a new or different kind of accident from any evaluated. As a result, the probability of an accident previously evaluated? accident previously evaluated is not affected. consequences of an accident while relying on the delay time allowed before declaring a TS Response: No. The consequences of an accident during the The proposed change does not involve a revised Completion Time are no different supported system inoperable and taking its Conditions and Required Actions are no physical alteration of the plant (no new or than the consequences of the same accident different type of equipment will be installed). during the existing Completion Times. As a different than the consequences of an accident under the same plant conditions Thus, this change does not create the result, the consequences of an accident possibility of a new or different kind of previously evaluated are not affected by this while relying on the existing TS supported system Conditions and Required Actions. accident from any accident previously change. The proposed change does not alter evaluated. or prevent the ability of structures, systems, Therefore, the consequences of an accident previously evaluated are not significantly 3. Does this change involve a significant and components (SSCs) from performing reduction in a margin of safety? their intended function to mitigate the increased by this change. Therefore, this Response: No. consequences of an initiating event within change does not involve a significant The proposed change allows entry into a the assumed acceptance limits. The proposed increase in the probability or consequences MODE or other specified conditions in the change does not affect the source term, of an accident previously evaluated. Applicability while relying on ACTIONS. containment isolation, or radiological release 2. Does the proposed change create the assumptions used in evaluating the possibility of a new or different kind of The Technical Specifications allow operation radiological consequences of an accident accident from any accident previously of the plant without a full complement of previously evaluated. Further, the proposed evaluated? equipment. The risk associated with this change does not increase the types or Response: No. allowance is managed by the imposition of amounts of radioactive effluent that may be The proposed change allows a delay time ACTIONS and Completion Times. The net released offsite, nor significantly increase before declaring supported TS systems effect of ACTIONS and Completion Times on individual or cumulative occupational/ inoperable when the associated snubber(s) the margin of safety is not considered public radiation exposures. The proposed cannot perform its required safety function. significant. The proposed change does not change is consistent with the safety analysis The proposed change does not involve a change the ACTIONS or Completion Times of assumptions and resultant consequences. physical alteration of the plant (no new or the Technical Specifications. The proposed Therefore, the proposed change does not different type of equipment will be installed) change allows the ACTIONS and Completion involve a significant increase in the or a change in the methods governing normal Times to be used in new circumstances. probability or consequences of an accident plant operation. Thus, this change does not However, this use is predicated on an previously evaluated. create the possibility of a new or different assessment which focuses on managing plant 2. Does the proposed change create the kind of accident from any accident risk. In addition, most current allowances to possibility of a new or different kind of previously evaluated. utilize the ACTIONS and Completion Times accident from any accident previously 3. Does the proposed change involve a which do not require risk assessment are evaluated? significant reduction in a margin of safety? eliminated. As a result, the net change to the Response: No. Response: No. margin of safety is insignificant. Therefore, The change does not involve a physical The proposed change allows a delay time this change does not involve a significant alteration of the plant (i.e., no new or before declaring supported TS systems reduction in a margin of safety.

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The NRC staff has reviewed the collections/cfr/. If a request for a hearing limitations in the order granting leave to licensee’s generic and specific NSHC or petition for leave to intervene is filed intervene, and have the opportunity to analyses of each classification of change by the above date, the Commission or a participate fully in the conduct of the and, based on this review, it appears presiding officer designated by the hearing. that the three standards of 10 CFR Commission or by the Chief If a hearing is requested, the 50.92(c) are satisfied for each proposed Administrative Judge of the Atomic Commission will make a final classification of change. Therefore, the Safety and Licensing Board Panel, will determination on the issue of no NRC staff proposes to determine that the rule on the request and/or petition; and significant hazards consideration. The amendment request involves no the Secretary or the Chief final determination will serve to decide significant hazards consideration. Administrative Judge of the Atomic when the hearing is held. If the final The Commission is seeking public Safety and Licensing Board will issue a determination is that the amendment comments on this proposed notice of a hearing or an appropriate request involves no significant hazards determination. Any comments received order. consideration, the Commission may within 30 days after the date of As required by 10 CFR 2.309, a issue the amendment and make it publication of this notice will be petition for leave to intervene shall set immediately effective, notwithstanding considered in making any final forth with particularity the interest of the request for a hearing. Any hearing determination. the petitioner in the proceeding, and held would take place after issuance of Normally, the Commission will not how that interest may be affected by the the amendment. If the final issue the amendment until the results of the proceeding. The petition determination is that the amendment expiration of 60 days after the date of should specifically explain the reasons request involves a significant hazards publication of this notice. The why intervention should be permitted consideration, then any hearing held Commission may issue the license with particular reference to the would take place before the issuance of amendment before expiration of the 60- following general requirements: (1) The any amendment. day period provided that its final name, address and telephone number of determination is that the amendment the requestor or petitioner; (2) the IV. Electronic Submissions (E-Filing) involves no significant hazards nature of the requestor’s/petitioner’s All documents filed in NRC consideration. In addition, the right under the Act to be made a party adjudicatory proceedings, including a Commission may issue the amendment to the proceeding; (3) the nature and request for hearing, a petition for leave prior to the expiration of the 30-day extent of the requestor’s/petitioner’s to intervene, any motion or other comment period should circumstances property, financial, or other interest in document filed in the proceeding prior change during the 30-day comment the proceeding; and (4) the possible to the submission of a request for period such that failure to act in a effect of any decision or order which hearing or petition to intervene, and timely way would result, for example, may be entered in the proceeding on the documents filed by interested in derating or shutdown of the facility. requestor’s/petitioner’s interest. The governmental entities participating Should the Commission take action petition must also identify the specific under 10 CFR 2.315(c), must be filed in prior to the expiration of either the contentions which the requestor/ accordance with the NRC E-Filing rule comment period or the notice period, it petitioner seeks to have litigated at the (72 FR 49139; August 28, 2007). The E- will publish in the Federal Register a proceeding. notice of issuance. Should the Each contention must consist of a Filing process requires participants to Commission make a final No Significant specific statement of the issue of law or submit and serve all adjudicatory Hazards Consideration Determination, fact to be raised or controverted. In documents over the internet, or in some any hearing will take place after addition, the requestor/petitioner shall cases to mail copies on electronic issuance. The Commission expects that provide a brief explanation of the bases storage media. Participants may not the need to take this action will occur for the contention and a concise submit paper copies of their filings very infrequently. statement of the alleged facts or expert unless they seek an exemption in opinion which support the contention accordance with the procedures III. Opportunity to Request a Hearing; and on which the petitioner intends to described below. Petition for Leave to Intervene rely in proving the contention at the To comply with the procedural Within 60 days after the date of hearing. The requestor/petitioner must requirements of E-Filing, at least ten 10 publication of this notice, any person(s) also provide references to those specific days prior to the filing deadline, the whose interest may be affected by this sources and documents of which the participant should contact the Office of action may file a request for a hearing petitioner is aware and on which the the Secretary by email at and a petition to intervene with respect petitioner intends to rely to establish [email protected], or by telephone to issuance of the amendment to the those facts or expert opinion. The at 301–415–1677, to request (1) a digital subject facility operating license. petition must include sufficient identification (ID) certificate, which Requests for a hearing and a petition for information to show that a genuine allows the participant (or its counsel or leave to intervene shall be filed in dispute exists with the applicant on a representative) to digitally sign accordance with the Commission’s material issue of law or fact. documents and access the E-Submittal ‘‘Rules of Practice for Domestic Contentions shall be limited to matters server for any proceeding in which it is Licensing Proceedings’’ in 10 CFR Part within the scope of the amendment participating; and (2) advise the 2. Interested person(s) should consult a under consideration. The contention Secretary that the participant will be current copy of 10 CFR 2.309, which is must be one which, if proven, would submitting a request or petition for available at the NRC’s PDR, located at entitle the petitioner to relief. A hearing (even in instances in which the O1F21, 11555 Rockville Pike (first requestor/petitioner who fails to satisfy participant, or its counsel or floor), Rockville, Maryland 20852. The these requirements with respect to at representative, already holds an NRC- NRC regulations are accessible least one contention will not be issued digital ID certificate). Based upon electronically from the NRC Library on permitted to participate as a party. this information, the Secretary will the NRC’s Web site at http:// Those permitted to intervene become establish an electronic docket for the www.nrc.gov/reading-rm/doc- parties to the proceeding, subject to any hearing in this proceeding if the

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Secretary has not already established an certificate before a hearing request/ adjudicatory filings and would electronic docket. petition to intervene is filed so that they constitute a Fair Use application, Information about applying for a can obtain access to the document via participants are requested not to include digital ID certificate is available on the the E-Filing system. copyrighted materials in their NRC’s public Web site at http:// A person filing electronically using submission. www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system Petitions for leave to intervene must apply-certificates.html. System may seek assistance by contacting the be filed no later than 60 days from requirements for accessing the E- NRC Meta System Help Desk through August 16, 2012. Non-timely filings will Submittal server are detailed in the the ‘‘Contact Us’’ link located on the not be entertained absent a NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// determination by the presiding officer Submission,’’ which is available on the www.nrc.gov/site-help/e- that the petition or request should be NRC’s public Web site at http:// submittals.html, by email to granted or the contentions should be www.nrc.gov/site-help/e- [email protected], or by a toll- admitted, based on a balancing of the submittals.html. Participants may free call to 1–866–672–7640. The NRC factors specified in 10 CFR attempt to use other software not listed Meta System Help Desk is available 2.309(c)(1)(i)–(viii). on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern For further details with respect to this NRC’s E-Filing system does not support Time, Monday through Friday, action, see the application for unlisted software, and the NRC Meta excluding government holidays. amendment dated July 29, 2011. System Help Desk will not be able to Participants who believe that they Attorney for licensee: Douglas K. offer assistance in using unlisted have a good cause for not submitting Porter, Esquire, Southern California software. documents electronically must file an Edison Company, 2244 Walnut Grove If a participant is electronically exemption request, in accordance with Avenue, Rosemead, California 91770. submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper NRC Branch Chief: Michael T. accordance with the E-Filing rule, the filing requesting authorization to Markley. participant must file the document continue to submit documents in paper using the NRC’s online, Web-based format. Such filings must be submitted Dated at Rockville, Maryland, this 8th day of August 2012. submission form. In order to serve by: (1) First class mail addressed to the documents through the Electronic Office of the Secretary of the For the Nuclear Regulatory Commission. Information Exchange System, users Commission, U.S. Nuclear Regulatory Joseph M. Sebrosky, will be required to install a Web Commission, Washington, DC 20555– Senior Project Manager, Plant Licensing browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and Branch IV, Division of Operating Reactor site. Further information on the Web- Adjudications Staff; or (2) courier, Licensing, Office of Nuclear Reactor Regulation. based submission form, including the express mail, or expedited delivery installation of the Web browser plug-in, service to the Office of the Secretary, [FR Doc. 2012–20114 Filed 8–15–12; 8:45 am] is available on the NRC’s public Web Sixteenth Floor, One White Flint North, BILLING CODE 7590–01–P site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, submittals.html. Maryland 20852, Attention: Rulemaking Once a participant has obtained a and Adjudications Staff. Participants OVERSEAS PRIVATE INVESTMENT digital ID certificate and a docket has filing a document in this manner are CORPORATION been created, the participant can then responsible for serving the document on submit a request for hearing or petition all other participants. Filing is Sunshine Act Meetings for leave to intervene. Submissions considered complete by first-class mail TIME AND DATE: 3:00 p.m., Thursday, should be in Portable Document Format as of the time of deposit in the mail, or September 6, 2012. (PDF) in accordance with NRC guidance by courier, express mail, or expedited available on the NRC’s public Web site delivery service upon depositing the PLACE: Offices of the Corporation, at http://www.nrc.gov/site-help/e- document with the provider of the Twelfth Floor Board Room, 1100 New submittals.html. A filing is considered service. A presiding officer, having York Avenue NW., Washington, DC. complete at the time the documents are granted an exemption request from STATUS: Hearing OPEN to the Public at submitted through the NRC’s E-Filing using E-Filing, may require a participant 3:00 p.m. system. To be timely, an electronic or party to use E-Filing if the presiding PURPOSE: Public Hearing in conjunction filing must be submitted to the E-Filing officer subsequently determines that the with each meeting of OPIC’s Board of system no later than 11:59 p.m. Eastern reason for granting the exemption from Directors, to afford an opportunity for Time on the due date. Upon receipt of use of E-Filing no longer exists. any person to present views regarding a transmission, the E-Filing system Documents submitted in adjudicatory the activities of the Corporation. time-stamps the document and sends proceedings will appear in the NRC’s the submitter an email notice electronic hearing docket which is Procedures confirming receipt of the document. The available to the public at http:// Individuals wishing to address the E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded hearing orally must provide advance notice that provides access to the pursuant to an order of the Commission, notice to OPIC’s Corporate Secretary no document to the NRC’s Office of the or the presiding officer. Participants are later than 5:00 p.m., Thursday, August General Counsel and any others who requested not to include personal 30, 2012. The notice must include the have advised the Office of the Secretary privacy information, such as social individual’s name, title, organization, that they wish to participate in the security numbers, home addresses, or address, and telephone number, and a proceeding, so that the filer need not home phone numbers in their filings, concise summary of the subject matter serve the documents on those unless an NRC regulation or other law to be presented. participants separately. Therefore, requires submission of such Oral presentations may not exceed ten applicants and other participants (or information. With respect to (10) minutes. The time for individual their counsel or representative) must copyrighted works, except for limited presentations may be reduced apply for and receive a digital ID excerpts that serve the purpose of the proportionately, if necessary, to afford

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all participants who have submitted a FOR FURTHER INFORMATION CONTACT: products subsidizing competitive timely request an opportunity to be Stephen L. Sharfman, General Counsel products as a result of this contract. Id. heard. at 202–789–6820. Related contract. The Postal Service Participants wishing to submit a SUPPLEMENTARY INFORMATION: included a redacted version of the written statement for the record must related contract with the Request. Id. submit a copy of such statement to Table of Contents Attachment B. The contract is OPIC’s Corporate Secretary no later than I. Introduction scheduled to become effective on 5:00 p.m. Thursday, August 30, 2012. II. Notice of Filings September 1, 2012. Id. at 4. The contract Such statement must be typewritten, III. Ordering Paragraphs will expire 3 years from the effective double-spaced, and may not exceed I. Introduction date unless, among other things, either twenty-five (25) pages. party terminates the agreement upon 30 Upon receipt of the required notice, In accordance with 39 U.S.C. 3642 days’ written notice to the other party. OPIC will prepare an agenda, which and 39 CFR 3020.30 et seq., the Postal Id. The Postal Service represents that will be available at the hearing, that Service filed a formal request and the contract is consistent with 39 U.S.C. identifies speakers, the subject on which associated supporting information to 3633(a). Id. Attachment D. each participant will speak, and the add Priority Mail Contract 40 to the The Postal Service filed much of the 1 time allotted for each presentation. competitive product list. The Postal supporting materials, including the A written summary of the hearing will Service asserts that Priority Mail related contract, under seal. Id. be compiled, and such summary will be Contract 40 is a competitive product Attachment F. It maintains that the made available, upon written request to ‘‘not of general applicability’’ within the redacted portions of the contract, OPIC’s Corporate Secretary, at the cost meaning of 39 U.S.C. 3632(b)(3). customer-identifying information, and of reproduction. Request at 1. The Request has been related financial information should Written summaries of the projects to assigned Docket No. MC2012–38. remain confidential. Id. at 3. This be presented at the September 13, 2012 The Postal Service information includes the price structure, Board meeting will be posted on OPIC’s contemporaneously filed a redacted underlying costs and assumptions, Web site on or about Friday, August 24, contract related to the proposed new pricing formulas, information relevant 2012. product under 39 U.S.C. 3632(b)(3) and to the customer’s mailing profile, and 39 CFR 3015.5. Id. Attachment B. The CONTACT PERSON FOR INFORMATION: cost coverage projections. Id. The Postal instant contract has been assigned Service asks the Commission to protect Information on the hearing may be Docket No. CP2012–46. obtained from Connie M. Downs at (202) customer-identifying information from Request. To support its Request, the public disclosure indefinitely. Id. at 7. 336–8438, via facsimile at (202) 408– Postal Service filed six attachments as 0297, or via email at follows: II. Notice of Filings [email protected]. • Attachment A—a redacted copy of The Commission establishes Docket Dated: August 13, 2012. Governors’ Decision No. 11–6, Nos. MC2012–38 and CP2012–46 to Connie M. Downs, authorizing the new product; consider the Request pertaining to the • OPIC Corporate Secretary. Attachment B—a redacted copy of proposed Priority Mail Contract 40 the contract; [FR Doc. 2012–20254 Filed 8–14–12; 4:15 pm] product and the related contract, • Attachment C—proposed changes BILLING CODE 3210–01–P respectively. to the Mail Classification Schedule Interested persons may submit competitive product list with the comments on whether the Postal addition underlined; • Service’s filings in the captioned POSTAL REGULATORY COMMISSION Attachment D—a Statement of dockets are consistent with the policies Supporting Justification as required by of 39 U.S.C. 3632, 3633, or 3642, 39 CFR [Docket Nos. MC2012–38 and CP2012–46; 39 CFR 3020.32; • 3015.5, and 39 CFR part 3020, subpart Order No. 1425] Attachment E—a certification of B. Comments are due no later than compliance with 39 U.S.C. 3633(a); and August 17, 2012. The public portions of New Postal Product • Attachment F—an application for these filings can be accessed via the non-public treatment of materials to AGENCY: Commission’s Web site (http:// Postal Regulatory Commission. maintain redacted portions of the ACTION: Notice. www.prc.gov). contract and related financial The Commission appoints Natalie Rea information under seal. SUMMARY: Ward to serve as Public Representative The Commission is noticing a In the Statement of Supporting in these dockets. recently-filed Postal Service request to Justification, Dennis R. Nicoski, add Priority Mail Contract 40 to the Manager, Field Sales Strategy and III. Ordering Paragraphs competitive product list. This notice Contracts, asserts that the contract will It is ordered: addresses procedural steps associated cover its attributable costs, make a with this filing. 1. The Commission establishes Docket positive contribution to covering Nos. MC2012–38 and CP2012–46 to DATES: Comments are due: August 17, institutional costs, and increase consider the matters raised in each 2012. contribution toward the requisite 5.5 docket. ADDRESSES: Submit comments percent of the Postal Service’s total 2. Pursuant to 39 U.S.C. 505, Natalie electronically via the Commission’s institutional costs. Id. Attachment D at Rea Ward is appointed to serve as Filing Online system at http:// 1. Mr. Nicoski contends that there will officer of the Commission (Public www.prc.gov. Commenters who cannot be no issue of market dominant Representative) to represent the submit their views electronically should interests of the general public in these contact the person identified in FOR 1 Request of the United States Postal Service to proceedings. FURTHER INFORMATION CONTACT Add Priority Mail Contract 40 to Competitive 3. Comments by interested persons in by Product List and Notice of Filing (Under Seal) of telephone for advice on alternatives to Unredacted Governors’ Decision Contract, and these proceedings are due no later than electronic filing. Supporting Data, August 8, 2012 (Request). August 17, 2012.

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4. The Secretary shall arrange for 39 CFR 3015.5. Id. Attachment B. The customer-identifying information from publication of this Order in the Federal instant contract has been assigned public disclosure indefinitely. Id. at 7. Register. Docket No. CP2012–47. II. Notice of Filings By the Commission. Request. To support its Request, the The Commission establishes Docket Shoshana M. Grove, Postal Service filed six attachments as follows: Nos. MC2012–39 and CP2012–47 to Secretary. • Attachment A—a redacted copy of consider the Request pertaining to the [FR Doc. 2012–20070 Filed 8–15–12; 8:45 am] Governors’ Decision No. 11–6, proposed Priority Mail Contract 41 BILLING CODE 7710–FW–P authorizing the new product; product and the related contract, • Attachment B—a redacted copy of respectively. Interested persons may submit POSTAL REGULATORY COMMISSION the contract; • Attachment C—proposed changes comments on whether the Postal [Docket Nos. MC2012–39 and CP2012–47; to the Mail Classification Schedule Service’s filings in the captioned Order No. 1426] competitive product list with the dockets are consistent with the policies addition underlined; of 39 U.S.C. 3632, 3633, or 3642, 39 CFR New Postal Product • Attachment D—a Statement of 3015.5, and 39 CFR part 3020, subpart AGENCY: Postal Regulatory Commission. Supporting Justification as required by B. Comments are due no later than August 17, 2012. The public portions of ACTION: Notice. 39 CFR 3020.32; • Attachment E—a certification of these filings can be accessed via the SUMMARY: The Commission is noticing a compliance with 39 U.S.C. 3633(a); and Commission’s Web site (http:// recently-filed Postal Service request to • Attachment F—an application for www.prc.gov). add Priority Mail Contract 41 to the non-public treatment of materials to The Commission appoints Natalie Rea competitive product list. This notice maintain redacted portions of the Ward to serve as Public Representative addresses procedural steps associated contract and related financial in these dockets. with this filing. information under seal. III. Ordering Paragraphs DATES: Comments are due: August 17, In the Statement of Supporting 2012. Justification, Dennis R. Nicoski, It is ordered: 1. The Commission establishes Docket ADDRESSES: Submit comments Manager, Field Sales Strategy and Contracts, asserts that the contract will Nos. MC2012–39 and CP2012–47 to electronically via the Commission’s consider the matters raised in each Filing Online system at http:// cover its attributable costs, make a positive contribution to covering docket. www.prc.gov. Commenters who cannot 2. Pursuant to 39 U.S.C. 505, Natalie submit their views electronically should institutional costs, and increase contribution toward the requisite 5.5 Rea Ward is appointed to serve as contact the person identified in FOR officer of the Commission (Public FURTHER INFORMATION CONTACT by percent of the Postal Service’s total institutional costs. Id. Attachment D at Representative) to represent the telephone for advice on alternatives to interests of the general public in these electronic filing. 1. Mr. Nicoski contends that there will be no issue of market dominant proceedings. FOR FURTHER INFORMATION CONTACT: 3. Comments by interested persons in Stephen L. Sharfman, General Counsel products subsidizing competitive products as a result of this contract. Id. these proceedings are due no later than at 202–789–6820. August 17, 2012. Related contract. The Postal Service SUPPLEMENTARY INFORMATION: 4. The Secretary shall arrange for included a redacted version of the publication of this order in the Federal Table of Contents related contract with the Request. Id. Register. I. Introduction Attachment B. The contract is II. Notice of Filings scheduled to become effective on the By the Commission. III. Ordering Paragraphs day the Commission issues all necessary Shoshana M. Grove, regulatory approval. Id. at 2. The Secretary. I. Introduction contract will expire 3 years from the [FR Doc. 2012–20071 Filed 8–15–12; 8:45 am] In accordance with 39 U.S.C. 3642 effective date unless, among other BILLING CODE 7710–FW–P and 39 CFR 3020.30 et seq., the Postal things, either party terminates the Service filed a formal request and agreement upon 30 days’ written notice associated supporting information to to the other party. Id. at 3. The Postal POSTAL SERVICE add Priority Mail Contract 41 to the Service represents that the contract is competitive product list.1 The Postal consistent with 39 U.S.C. 3633(a). Id. Product Change—First-Class Package Service asserts that Priority Mail Attachment D. Service Negotiated Service Agreement Contract 41 is a competitive product The Postal Service filed much of the TM ‘‘not of general applicability’’ within the supporting materials, including the AGENCY: Postal Service . meaning of 39 U.S.C. 3632(b)(3). related contract, under seal. Id. ACTION: Notice. Request at 1. The Request has been Attachment F. It maintains that the assigned Docket No. MC2012–39. redacted portions of the contract, SUMMARY: The Postal Service gives The Postal Service customer-identifying information, and notice of filing a request with the Postal contemporaneously filed a redacted related financial information, should Regulatory Commission to add a contract related to the proposed new remain confidential. Id. at 3. This domestic shipping services contract to product under 39 U.S.C. 3632(b)(3) and information includes the price structure, the list of Negotiated Service underlying costs and assumptions, Agreements in the Mail Classification 1 Request of the United States Postal Service to pricing formulas, information relevant Schedule’s Competitive Products List. Add Priority Mail Contract 41 to Competitive DATES: Effective date: August 16, 2012. Product List and Notice of Filing (Under Seal) of to the customer’s mailing profile, and Unredacted Governors’ Decision, Contract, and cost coverage projections. Id. The Postal FOR FURTHER INFORMATION CONTACT: Supporting Data, August 8, 2012 (Request). Service asks the Commission to protect Elizabeth A. Reed, 202–268–3179.

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SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Notice is hereby given that pursuant United States Postal Service® hereby Elizabeth A. Reed, 202–268–3179. to the Paperwork Reduction Act of 1995 gives notice that, pursuant to 39 U.S.C. SUPPLEMENTARY INFORMATION: The (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the 3642 and 3632(b)(3), on August 9, 2012, United States Postal Service® hereby Securities and Exchange Commission it filed with the Postal Regulatory gives notice that, pursuant to 39 U.S.C. (‘‘Commission’’) has submitted to the Commission a Request of the United 3642 and 3632(b)(3), on August 9, 2012, Office of Management and Budget States Postal Service to Add First-Class it filed with the Postal Regulatory (‘‘OMB’’) a request for approval of Package Service Contract 12 to Commission a Request of the United extension of the previously approved Competitive Product List. Documents States Postal Service to Add First-Class collection of information provided for in are available at www.prc.gov, Docket Package Service Contract 13 to Rule 17f–1(b) (17 CFR 240.17f–1(b)) Nos. MC2012–41, CP2012–49. Competitive Product List. Documents under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Stanley F. Mires, are available at www.prc.gov, Docket Nos. MC2012–42, CP2012–50. Rule 17f–1(b) requires approximately Attorney, Legal Policy & Legislative Advice. 25,000 entities in the securities industry [FR Doc. 2012–20091 Filed 8–15–12; 8:45 am] Stanley F. Mires, to register in the Lost and Stolen BILLING CODE 7710–12–P Attorney, Legal Policy & Legislative Advice. Securities Program (‘‘Program’’). [FR Doc. 2012–20096 Filed 8–15–12; 8:45 am] Registration fulfills a statutory BILLING CODE 7710–12–P requirement that entities report and POSTAL SERVICE inquire about missing, lost, counterfeit, or stolen securities. Registration also Product Change—First-Class Package POSTAL SERVICE allows entities in the securities industry Service Negotiated Service Agreement to gain access to a confidential database Product Change—First-Class Package AGENCY: Postal Service TM. that stores information for the Program. Service Negotiated Service Agreement The Commission staff estimates that ACTION: Notice. AGENCY: Postal ServiceTM. 1,000 new entities will register in the Program each year. The staff estimates SUMMARY: The Postal Service gives ACTION: Notice. notice of filing a request with the Postal that the average number of hours Regulatory Commission to add a SUMMARY: The Postal Service gives necessary to comply with Rule 17f–1(b) domestic shipping services contract to notice of filing a request with the Postal is one-half hour. The total estimated the list of Negotiated Service Regulatory Commission to add a burden is therefore 500 hours (1,000 Agreements in the Mail Classification domestic shipping services contract to times one-half hour) annually for all Schedule’s Competitive Products List. the list of Negotiated Service participants. Rule 17f–1(b) is a registration DATES: Effective Date: August 16, 2012. Agreements in the Mail Classification obligation only. Registering under rule FOR FURTHER INFORMATION CONTACT: Schedule’s Competitive Products List. DATES: Effective date: August 16, 2012. 17f–1(b) is mandatory to obtain the Elizabeth A. Reed, 202–268–3179. benefit of a central database that stores FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The information about missing, lost, ® Elizabeth A. Reed, 202–268–3179. United States Postal Service hereby counterfeit, or stolen securities for the gives notice that, pursuant to 39 U.S.C. SUPPLEMENTARY INFORMATION: The ® Program. Reporting institutions required 3642 and 3632(b)(3), on August 9, 2012, United States Postal Service hereby to register under Rule 17f–1(b) will not it filed with the Postal Regulatory gives notice that, pursuant to 39 U.S.C. be kept confidential; however, the Commission a Request of the United 3642 and 3632(b)(3), on August 9, 2012, Program database will be kept States Postal Service to Add First-Class it filed with the Postal Regulatory confidential. Package Service Contract 11 to Commission a Request of the United The Commission may not conduct or Competitive Product List. Documents States Postal Service to Add First-Class sponsor a collection of information are available at www.prc.gov, Docket Package Service Contract 14 to unless it displays a currently valid OMB Nos. MC2012–40, CP2012–48. Competitive Product List. Documents control number. No person shall be are available at www.prc.gov, Docket subject to any penalty for failing to Stanley F. Mires, Nos. MC2012–43, CP2012–51. comply with a collection of information Attorney, Legal Policy & Legislative Advice. Stanley F. Mires, subject to the PRA that does not have a [FR Doc. 2012–20093 Filed 8–15–12; 8:45 am] Attorney, Legal Policy & Legislative Advice. valid OMB control number. BILLING CODE 7710–12–P Background documentation for this [FR Doc. 2012–20095 Filed 8–15–12; 8:45 am] information collection may be viewed at BILLING CODE 7710–12–P the following Web site: POSTAL SERVICE www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Product Change—First-Class Package SECURITIES AND EXCHANGE Service Negotiated Service Agreement Securities and Exchange Commission, COMMISSION Office of Information and Regulatory TM AGENCY: Postal Service . Submission for OMB Review; Affairs, Office of Management and ACTION: Notice. Comment Request Budget, Room 10102, New Executive Office Building, Washington, DC 20503, SUMMARY: The Postal Service gives Upon Written Request, Copies Available or by sending an email to: notice of filing a request with the Postal From: U.S. Securities and Exchange [email protected]; and (ii) Regulatory Commission to add a Commission, Office of Investor Thomas Bayer, Director/Chief domestic shipping services contract to Education and Advocacy, Information Officer, Securities and the list of Negotiated Service Washington, DC 20549–0213. Exchange Commission, c/o Remi Pavlik- Agreements in the Mail Classification Extension: Simon, 6432 General Green Way, Schedule’s Competitive Products List. Rule 17f–1(b), OMB Control No. 270–28, Alexandria, VA 22312 or send an email DATES: Effective date: August 16, 2012. SEC File No. 270–28. to: [email protected]. Comments

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must be submitted to OMB within 30 Fingerprint cards submitted under noted above, to extend the comment days of this notice. Rule 17f–2(a) must be retained for a period until September 10, 2012. Dated: August 10, 2012. period of not less than three years after Interested parties may submit written termination of the person’s employment Kevin M. O’Neill, comments via email to relationship with the organization. [email protected]. Deputy Secretary. Submitting fingerprint cards for all The original notice of receipt of the [FR Doc. 2012–20098 Filed 8–15–12; 8:45 am] securities personnel is mandatory to Presidential Permit application was BILLING CODE 8011–01–P obtain the benefit of identifying published by the Department of State in security-risk personnel, allowing an the Federal Register on Wednesday, employer to make fully informed July 11, 2012. [Public Notice 7951]. The SECURITIES AND EXCHANGE employment decisions and deterring Presidential permit application can be COMMISSION possible wrongdoers from seeking viewed online at http://www.state.gov/ Submission for OMB Review; employment in the securities industry. p/wha/rt/permit/. Comment Request Fingerprint cards submitted according Dated: July 10, 2012. to Rule 17f–2(a) will not be kept Elizabeth L. Martinez, confidential. Upon Written Request, Copies Available Director, Office of Canadian Affairs, Bureau From: Securities and Exchange The Commission may not conduct or sponsor a collection of information of Western Hemisphere Affairs, Department Commission, Office of Investor of State. unless it displays a currently valid OMB Education and Advocacy, [FR Doc. 2012–20162 Filed 8–15–12; 8:45 am] Washington, DC 20549–0213. control number. No person shall be subject to any penalty for failing to BILLING CODE 4710–29–P Extension: comply with a collection of information Rule 17f–2(a), SEC File No. 270–34, OMB Control No. 3235–0034. subject to the PRA that does not display a valid OMB control number. OFFICE OF THE UNITED STATES Notice is hereby given that pursuant Background documentation for this TRADE REPRESENTATIVE to the Paperwork Reduction Act of 1995 information collection may be viewed at Generalized System of Preferences (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the the following Web site: (GSP): Change in Hearing Date and Securities and Exchange Commission www.reginfo.gov. Comments should be Related Deadlines for the Country (‘‘Commission’’) has submitted to the directed to: (i) Desk Officer for the Practice Petitions Accepted as Part of Office of Management and Budget Securities and Exchange Commission, the 2011 Annual GSP Review (‘‘OMB’’) a request for extension of the Office of Information and Regulatory previously approved collection of Affairs, Office of Management and AGENCY: Office of the United States information for Rule 17f–2(a) (17 CFR Budget, Room 10102, New Executive Trade Representative. 240.17–2(a)), under the Securities Office Building, Washington, DC 20503 ACTION: Notice of change to the hearing Exchange Act of 1934 (15 U.S.C. 78a et or by sending an email to: date and related deadlines. seq.). [email protected]; and (ii) Rule 17f–2(a) (Fingerprinting Thomas Bayer, Director/Chief SUMMARY: The hearing date previously Requirements for Securities Information Officer, Securities and announced in the Federal Register (77 Professionals) requires that securities Exchange Commission, c/o Remi Pavlik- FR 41209) for the country practice professionals be fingerprinted. This Simon, 6432 General Green Way, petitions accepted as part of the 2011 requirement serves to identify security- Alexandria, Virginia 22312 or send an Annual GSP Review and the related _ risk personnel, to allow an employer to email to: PRA [email protected]. deadlines for submissions of pre-hearing make fully informed employment Comments must be submitted to OMB briefs, requests to appear, and post- decisions, and to deter possible within 30 days of this notice. hearing briefs are being changed to wrongdoers from seeking employment Dated: August 10, 2012. those noted below. in the securities industry. Partners, Kevin M. O’Neill, DATES: September 18, 2012: Deadline for directors, officers, and employees of Deputy Secretary. submission of pre-hearing briefs and exchanges, brokers, dealers, transfer [FR Doc. 2012–20099 Filed 8–15–12; 8:45 am] requests to appear at the October 2, 2012 agents, and clearing agencies are BILLING CODE 8011–01–P public hearing; submissions must be included. received by 5 p.m. The Commission staff estimates that October 2, 2012: The GSP approximately 10,000 respondents will DEPARTMENT OF STATE Subcommittee of the Trade Policy Staff submit fingerprint cards each year. It Committee (TPSC) will convene a also estimates that each respondent will [Public Notice 7982] public hearing on the country practice submit 55 fingerprint cards per year. petitions at 1724 F Street NW., Notice of Extension of Public Washington, DC 20508, beginning at The staff estimates that the average Comment Period for the Proposed New number of hours necessary to comply 9:30 a.m. International Trade Crossing (NITC) October 23, 2012: Deadline for with Rule 17f–2(a) by completing a Presidential Permit Application fingerprint card is one-half hour. Thus, submission of post-hearing briefs, which the total estimated annual burden is In response to requests, the must be received by 5 p.m. 275,000 hours for all respondents Department of State is extending the SUPPLEMENTARY INFORMATION: On July (550,000 times one-half hour). The public comment period for the New 12, 2012, a notice was published in the average estimated internal labor cost of International Trade Crossing (NITC) Federal Register (77 FR 41209) compliance per hour is approximately Presidential Permit application. The announcing, inter alia, that the hearing $50. Therefore, the total estimated Department of State had originally set for the country practice petitions annual internal labor cost of compliance the end of the comment period at accepted as part of the 2011 Annual for all respondents is $13,750,000 August 9, 2012. The Department has GSP Review was scheduled for (275,000 times $50). decided, in response to the requests September 27, 2012. The country

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practice petitions newly accepted in the McKinzy at (202) 395–9483 to arrange and Articles 1, 2, 10, 11, 12, 13, 14, 15, 2011 Annual GSP Review concern for an alternative method of 19, 21, 22 and 32 of the Agreement on practices of Fiji, Indonesia, Iraq, and transmission. Subsidies and Countervailing Measures. Ukraine. Pre-hearing briefs and requests If (as explained below) the comment Public Comment: Requirements for to appear at the hearing were due by contains confidential information, then Submissions September 13, 2012, and that post- the comment should be submitted by hearing comments were due by October fax only to Sandy McKinzy at (202) Interested persons are invited to 18, 2012. This notice changes the 395–3640. submit written comments concerning aforementioned dates. FOR FURTHER INFORMATION CONTACT: the issues raised in this dispute. Persons FOR FURTHER INFORMATION CONTACT: Shane Warren, Assistant General may submit public comments Tameka Cooper, GSP Program, Office of Counsel, or Joseph Laroski, Associate electronically to www.regulations.gov the United States Trade Representative, General Counsel, Office of the United docket number USTR–2012–0008. If you are unable to provide submissions by 600 17th Street NW., Washington, DC States Trade Representative, 600 17th www.regulations.gov, please contact 20508. The telephone number is (202) Street NW., Washington, DC 20508, Sandy McKinzy at (202) 395–9483 to 395–6971; the fax number is (202) 395– (202) 395–3150. arrange for an alternative method of 9674, and the email address is SUPPLEMENTARY INFORMATION: Section [email protected]. transmission. 127(b) of the Uruguay Round To submit comments via www. James Sanford, Agreements Act (‘‘URAA’’) (19 U.S.C. regulations.gov, enter docket number Assistant U.S. Trade Representative for Small 3537(b)(1)) requires that notice and USTR–2012–0008 on the home page and Business, Market Access & Industrial opportunity for comment be provided click ‘‘search.’’ The site will provide a Competitiveness, Office of the U.S. Trade after the United States submits or search-results page listing all documents Representative. receives a request for the establishment associated with this docket. Find a [FR Doc. 2012–20149 Filed 8–15–12; 8:45 am] of a WTO dispute settlement panel. reference to this notice by selecting BILLING CODE 3290–W2–P Consistent with this obligation, USTR is ‘‘Notice’’ under ‘‘Document Type’’ on providing notice that a dispute the left side of the search-results page, settlement panel has been established and click on the link entitled ‘‘Submit OFFICE OF THE UNITED STATES pursuant to the WTO Dispute a Comment.’’ (For further information TRADE REPRESENTATIVE Settlement Understanding (‘‘DSU’’). The on using the www.regulations.gov Web [Dispute No. WTO/DS436] panel will hold its meetings in Geneva, site, please consult the resources Switzerland. provided on the Web site by clicking on WTO Dispute Settlement Proceeding Major Issues Raised by India ‘‘How to Use This Site’’ on the left side Regarding United States— of the home page.) Countervailing Measures on Certain On July 12, 2012, India requested the The www.regulations.gov site Hot-Rolled Carbon Steel Flat Products establishment of a panel to consider provides the option of providing From India claims related to countervailing comments by filling in a ‘‘Type measures regarding certain hot-rolled Comments’’ field, or by attaching a AGENCY: Office of the United States carbon steel flat products from India document using an ‘‘upload file’’ field. Trade Representative. (Investigation C–533–821). India’s It is expected that most comments will ACTION: Notice; request for comments. challenge addresses the Tariff Act of be provided in an attached document. If 1930, in particular sections 771(7)(G) SUMMARY: The Office of the United a document is attached, it is sufficient and 776(b), as well as Title 19 of the States Trade Representative (‘‘USTR’’) is to type ‘‘See attached’’ in the ‘‘Type Code of Federal Regulations, sections providing notice that India has Comments’’ field. 351.308 and 351.511(a)(2)(i)–(iv). In A person requesting that information requested the establishment of a dispute addition, India challenges certain contained in a comment submitted by settlement panel under the Marrakesh actions of the United States with respect that person be treated as confidential Agreement Establishing the World Trade to U.S. Department of Commerce business information must certify that Organization (‘‘WTO Agreement’’) countervailing duty determinations and such information is business concerning countervailing measures the countervailing duty order related to confidential and would not customarily regarding certain hot-rolled carbon steel certain hot-rolled carbon steel flat be released to the public by the flat products from India. That request products from India. The panel ‘‘request submitter. Confidential business may be found at www.wto.org contained covers the countervailing duties applied information must be clearly designated in a document designated as WT/ on the subject goods by the United as such and the submission must be DS436/3. USTR invites written States from time to time’’ in connection marked ‘‘BUSINESS CONFIDENTIAL’’ comments from the public concerning with Case No. C–533–821. A list of at the top and bottom of the cover page the issues raised in this dispute. proceedings and actions subject to the and each succeeding page. Any DATES: Although USTR will accept any panel request is provided at Annex 1 to comment containing business comments received during the course of the request and includes determinations confidential information must be the dispute settlement proceedings, related to the original investigation, submitted by fax to Sandy McKinzy at comments should be submitted on or certain administrative reviews of the (202) 395–3640. A non-confidential before September 28, 2012, to be countervailing duty order, and a five- summary of the confidential assured of timely consideration by year ‘‘sunset’’ review of that order. The information must be submitted to www. USTR. request also covers ‘‘amendments, regulations.gov. The non-confidential ADDRESSES: Public comments should be replacements, implementing acts or any summary will be placed in the docket submitted electronically to other related measure in connection and open to public inspection. www.regulations.gov, docket number with the measures’’ described above. Information or advice contained in a USTR–2012–0008. If you are unable to India alleges inconsistencies with comment submitted, other than business provide submissions by www. Articles I and IV of the General confidential information, may be regulations.gov, please contact Sandy Agreement on Tariffs and Trade 1994 determined by USTR to be confidential

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in accordance with section 135(g)(2) of of Transportation’s Procedural the FAA. The disposition of proceeds the Trade Act of 1974 (19 U.S.C. Regulations (See 14 CFR 301.201 et from the disposal of the airport property 2155(g)(2)). If the submitter believes that seq.). The due date for Answers, will be in accordance with FAA’s Policy information or advice may qualify as Conforming Applications, or Motions to and Procedures Concerning the Use of such, the submitter— Modify Scope are set forth below for Airport Revenue, published in the (1) Must clearly so designate the each application. Following the Answer Federal Register on February 16, 1999. information or advice; period DOT may process the application In accordance with section 47107(h) (2) Must clearly mark the material as by expedited procedures. Such of title 49, United States Code, this ‘‘SUBMITTED IN CONFIDENCE’’ at the procedures may consist of the adoption notice is required to be published in the top and bottom of the cover page and of a show-cause order, a tentative order, Federal Register 30 days before each succeeding page; and or in appropriate cases a final order modifying the land-use assurance that (3) Must provide a non-confidential without further proceedings. requires the property to be used for an summary of the information or advice. Docket Number: DOT–OST–2012– aeronautical purpose. Any comment containing confidential 0129. DATES: Comments must be received on information must be submitted by fax. A Date Filed: July 24, 2012. or before September 17, 2012. Due Date for Answers, Conforming non-confidential summary of the ADDRESSES: Documents reflecting this confidential information must be Applications, or Motion to Modify Scope: August 14, 2012. FAA action may be reviewed at the submitted to www.regulations.gov. The Detroit Airports District Office. non-confidential summary will be Description FOR FURTHER INFORMATION CONTACT: placed in the docket and open to public Application of Rhoades Aviation, Inc. inspection. Mary Jagiello, Program Manager, Detroit d/b/a Transair requesting a certificate of Pursuant to section 127(e) of the Airports District Office, Federal public convenience and necessity Uruguay Round Agreements Act (19 Aviation Administration, 11677 South authorizing it to engage in foreign U.S.C. 3537(e)), USTR will maintain a Wayne Road, Romulus, Michigan 48174. charter air transportation of property docket on this dispute settlement Telephone Number (734) 229–2956 FAX and mail. proceeding accessible to the public at Number (734) 229–2950. Documents reflecting this FAA action may be www.regulations.gov, docket number Renee V. Wright, USTR–2012–0008. The public file will reviewed at this same location or at Program Manager, Docket Operations, Sidney Municipal Airport, Sidney, include non-confidential comments Federal Register Liaison. Ohio. received by USTR from the public with [FR Doc. 2012–20131 Filed 8–15–12; 8:45 am] respect to the dispute. If a dispute BILLING CODE 4910–9X–P SUPPLEMENTARY INFORMATION: Following settlement panel is convened or in the is a legal description of the property event of an appeal from such a panel, situated in the northwest quarter of the U.S. submissions, any non- DEPARTMENT OF TRANSPORTATION section one, Orange Township, Town 1, confidential submissions, or non- Range 13, Shelby County, B.M.R.S., confidential summaries of submissions, Federal Aviation Administration Ohio. Being bounded and described received from other participants in the more fully as follows: Public Notice for Waiver Of dispute, will be made available to the Parcel 212 Description: public on USTR’s Web site at www.ustr. Aeronautical Land-Use Assurance; Sidney Municipal Airport, Sidney, OH Commencing for reference at an iron pin gov, and the report of the panel, and, if found at the Southwest corner of the applicable, the report of the Appellate AGENCY: Federal Aviation Northwest quarter of said section one; Body, will be available on the Web site Administration, DOT Thence North 5°¥32′¥22″ East, 184.86 feet along the West line of said quarter of the World Trade Organization, www. ACTION: Notice of intent of waiver with section to a 5⁄8″ x 30″ iron pin with City of wto.org. Comments open to public respect to land. inspection may be viewed on the www. Sidney cap set for the place of beginning for this premise; SUMMARY: regulations.gov Web site. The Federal Aviation Thence continuing North 5°¥32′¥22″ Administration (FAA) is considering a Bradford L. Ward, East, 1251.70 feet (along the East line of proposal to change a portion of the 40.000 acre and 78.638 acre parcels, as Assistant United States Trade Representative airport from aeronautical use to non- for Monitoring and Enforcement. shown in Deed Vol. 358, Pg. 256, and Official aeronautical use and to authorize the Records Vol. 1277, Pg. 19 respectively) to an [FR Doc. 2012–20148 Filed 8–15–12; 8:45 am] sale of the airport property. The iron pin found; BILLING CODE 3190–F2–P proposal consists of 1 parcel of land Thence South 84°¥23′¥02″ East, 1600.00 totaling approximately 37.744 acres. feet (along the south line of a 66.999 acre The land is currently used for parcel owned by Sharon Ann Lucas, Mary DEPARTMENT OF TRANSPORTATION Jane Durst & Connie Sue Smith, as shown in agricultural crop production. No Deed Vol. 302, Pg. 373 of the Shelby County facilities are located within the property 5 ″ ″ Office of the Secretary Records) to a ⁄8 x 30 iron pin with City of boundaries. The land was acquired Sidney cap set; Notice of Applications for Certificates under FAA Project Number 3–39–0044– Thence South 5°¥32′¥22″ West. 1239.95 of Public Convenience and Necessity 01. The aforementioned land is not feet (along the West line of a 30.020 acre and Foreign Air Carrier Permits Filed needed for aeronautical use, as shown parcel owned by Patrick T. & Amy J. Martin, as shown in Official Records Vol. 1306, Pg. Under Subpart B (Formerly Subpart Q) on the Airport Layout Plan. There are no 264 of the Shelby County Records) to a 5⁄8″ During the Week Ending July 28, 2012 impacts to the airport by allowing the ″ airport to dispose of the property. x 30 iron pin with City of Sidney cap set; Thence North 84°¥53′¥21″ West, 724.48 The following Applications for Approval does not constitute a feet along a new division line to a 5⁄8″ x 30″ Certificates of Public Convenience and commitment by the FAA to financially iron pin with City of Sidney cap set; Necessity and Foreign Air Carrier assist in the disposal of the subject Thence North 46°¥38′¥39″ East, 871.89 Permits were filed under Subpart B airport property nor a determination of feet along a new division line to a 5⁄8″ x 30″ (formerly Subpart Q) of the Department eligibility for grant-in-aid funding from iron pin with City of Sidney cap set;

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Thence North 49°¥04′¥00″ West, 450.00 constitute a commitment by the FAA to 794–0.60, of record in Plat Book 18, 5 ″ ″ feet along a new division line to a ⁄8 x 30 financially assist in the disposal of the page 286, and said parcel being further iron pin with City of Sidney cap set; °¥ ′¥ ″ subject airport property nor a bounded and described as follows: Thence South 35 13 22 West, 964.79 determination of eligibility for grant-in- Commencing for reference at an iron feet along a new division line to a 5⁄8″ x 30″ iron pin with City of Sidney cap set; aid funding from the FAA. The pin found at the northwest corner of Thence North 49°¥04′¥00″ West, 71.00 disposition of proceeds from the sale of said Section 5, being the northeast feet along a new division line to a 5⁄8″ x 30″ the airport property will be in corner of said Section 11, being the iron pin with City of Sidney cap set; accordance with FAA’s Policy and southwest corner of Section 6, Thence South 40°¥56′¥06″ West, 150.34 Procedures Concerning the Use of Township 4, Range 8, being the 5 ″ ″ feet along a new division line to a ⁄8 x 30 Airport Revenue, published in the southeast corner of Section 12, iron pin with City of Sidney cap set; Township 4, Range 8, said iron pin °¥ ′¥ ″ Federal Register on February 16, 1999. Thence North 84 44 05 West, 459.20 In accordance with section 47107(h) found being the northwest corner of said feet returning to the place of beginning for this premise; of title 49, United States Code, this 37.15 acre tract, being the northeast Containing 37.744 acres more or less, all notice is required to be published in the corner of that 1.47 acre tract described being subject to any legal easements and Federal Register 30 days before in a deed to Larry E. Shaffer, of record highways of record. modifying the land-use assurance that in Official Record Volume 1778, page Being part of the premises recorded in requires the property to be used for an 73, being the southwest corner of that Deed Vol. 304, Pg. 154. aeronautical purpose. 18.79 acre tract described in two deeds Bearings are based upon State Plane 5 DATES: Comments must be received on to Nancy K. Saks & Daniel Saks ( ⁄6 Coordinates, NAD 83, Geoid 99, Ohio North or before September 17, 2012. interest), of record in Official Record Zone. Volume 1862, page 116, and of record Survey is recorded in Large Plat Vol. 33, ADDRESSES: Documents reflecting this Pg. 90. FAA action may be reviewed at the in Official Record Volume 1900, page Randall J. Magoto, Ohio Professional Detroit Airports District Office. 107, and described in a deed to Barbara Surveyor number 7768, based upon a field Jean Meadows (1⁄6 interest), of record in survey completed in April, 2011, prepared FOR FURTHER INFORMATION CONTACT: Official Record Volume 998, page 40, the above description Mary Jagiello, Program Manager, Detroit said iron pin being at an angle point in Airports District Office, Federal the existing centerline of survey for Issued in Romulus, Michigan, on June 25, Aviation Administration, 11677 South Peacock Road, and said iron pin found 2012. Wayne Road, Romulus, Michigan 48174. being 234 feet left of Peacock Road John L. Mayfield, Jr., Telephone Number (734) 229–2956 FAX proposed centerline of construction Manager, Detroit Airports District Office, Number (734) 229–2950. Documents Station 204+37.70; FAA, Great Lakes Region. reflecting this FAA action may be Thence South 85 degrees 11 minutes [FR Doc. 2012–20142 Filed 8–15–12; 8:45 am] reviewed at this same location or at 07 seconds East, along the north line of BILLING CODE 4910–13–P Springfield-Beckley Municipal Airport, said Section 5, along the south line of Springfield, Ohio. said Section 6, along the north line of SUPPLEMENTARY INFORMATION: Following said 37.15 acre tract and along the south DEPARTMENT OF TRANSPORTATION is a legal description of the property line of said 18.79 acre tract, a distance located in Springfield, Clark County, of 606.98 feet to an iron pin set on the Federal Aviation Administration Ohio, and described as follows: proposed northwest right-of-way line for said State Route 794, said iron pin set Public Notice for Waiver Of Parcel 1–WDV–1 Description Aeronautical Land-Use Assurance; being 60.00 feet left of State Route 794 Situated in the State of Ohio, County proposed centerline of construction Springfield-Beckley Municipal Airport, of Clark, Township of Green, being in Springfield, OH Station 145+68.96, and said iron pin set the Northwest Quarter of Section 5 and being the TRUE POINT OF BEGINNING AGENCY: Federal Aviation in the Northeast and Southeast Quarters for the herein described right-of-way Administration, DOT. of Section 11, Township 4, Range 8, parcel; ACTION: Notice of intent of waiver with Miami River Survey, and being a part of: Thence South 85 degrees 11 minutes respect to land. 1. That 37.15 acre tract and that 76.59 07 seconds East, continuing along the acre tract, both described in a deed to north line of said Section 5, the south SUMMARY: The Federal Aviation The City of Springfield, Ohio, of record line of said Section 6, the north line of Administration (FAA) is considering a in Official Record Volume 1761, page said 37.15 acre tract and the south line proposal to change a portion of the 2573, of said 18.79 acre tract (passing the airport from aeronautical use to non- 2. that 2.17 acre tract and that 120 proposed centerline of construction for aeronautical use and to authorize the acre tract, both described in a deed to said State Route 794 at a distance of sale of the airport property. The The City of Springfield, Ohio, of record 154.03 feet, and the southeast corner of proposal consists of 3 parcels of land in Deed Book 354, page 313, said 18.79 acre tract at a distance of totaling approximately 12.66 acres. The 3. and that 2.00 acre tract described in 364.37 feet), a total distance of 408.59 land is currently used for agricultural a deed to The City of Springfield, Ohio, feet to an iron pin set on the proposed crop production and airport perimeter of record in Official Record Volume southeast right-of-way line for said State fence. No facilities are located within 1872, page 1437, Route 794, said iron pin set being on the the property boundaries. Federal funds all records referenced herein are on file south line of that 99.97 acre tract were not used to purchase the property at the Office of the Recorder for Clark described in a deed to John C. Hayes, and is not needed for aeronautical use, County, Ohio, being a parcel of land Trustee, of record in Official Record as shown on the Airport Layout Plan. located on the left and right sides of the Volume 1504, page 2207, and said iron There are no impacts to the airport by proposed centerline of construction for pin set being 60.00 feet right of State allowing the sponsor to dispose of the Peacock Road, and on the left and right Route 794 proposed centerline of property. Subject land will provide for sides of the proposed centerline of construction Station 149+61.75; the realignment and right-of-way needs construction for State Route 794, as Thence southwest across said 37.15 of State Route 794. Approval does not shown on the centerline plat for CLA– acre tract, along the arc of a non-tangent

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curve to the left, parallel to and 60.00 way line for said State Route 794 at an on the proposed north right-of-way line feet southeasterly from the proposed arc length of 1,071.49 feet) a total arc for said State Route 794, said iron pin centerline of construction for said State length of 1,230.07 feet to an iron pin set set being 60.00 feet left of State Route Route 794, said curve having a radius of at a point of tangency, said iron pin set 794 proposed centerline of construction 1,146.23 feet, a central angle of 68 being 60.00 feet right of State Route 794 Station 109+06.83; degrees 58 minutes 11 seconds, and an proposed centerline of construction Thence across said 76.59 acre tract arc length of 1,379.77 feet to an iron pin Station 112+04.35, said curve being along the following seven (7) described set at a point of tangency, said iron pin subtended by a long chord having a courses: set being 60.00 feet right of State Route bearing of South 54 degrees 05 minutes 1. South 85 degrees 02 minutes 17 794 proposed centerline of construction 29 seconds West and a length of seconds East, along a line parallel to and Station 135+09.75, said curve being 1,156.15 feet; 60.00 feet northerly from the centerline subtended by a long chord having a Thence South 88 degrees 48 minutes of survey and construction for said State bearing of South 52 degrees 48 minutes 43 seconds West, continuing across said Route 794, a distance of 226.04 feet to 43 seconds West and a length of 120 acre tract, a distance of 71.63 feet an iron pin set, said iron pin set being 1,297.96 feet, to an iron pin set at a point, said iron 57.91 feet left of State Route 794 Thence South 18 degrees 19 minutes pin set being 62.26 feet right of State proposed centerline of construction 38 seconds West, continuing across said Route 794 proposed centerline of Station 111+35.65; 37.15 acre tract, a distance of 69.05 feet construction Station 111+36.37; 2. North 88 degrees 48 minutes 43 to an iron pin set at a point, said iron Thence North 85 degrees 02 minutes seconds East, a distance of 65.19 feet to pin set being 58.16 feet right of State 17 seconds West, continuing across said an iron pin set at a point of curvature, Route 794 proposed centerline of 120 acre tract, along a line parallel to said iron pin set being 60.00 feet left of construction Station 134+37.79; and 60.00 feet southerly from the State Route 794 proposed centerline of Thence South 13 degrees 13 minutes centerline of survey and construction construction Station 112+04.35; 15 seconds West, continuing across said for said State Route 794, a distance of 3. Northeast along the arc of a curve 37.15 acre tract, along a line parallel to 389.32 feet to an iron pin set at a point, to the left, parallel to and 60,00 feet and 60.00 feet southeasterly from the said iron pin set being 60.00 feet right northwesterly from the proposed proposed centerline of construction for of State Route 794 proposed centerline centerline of construction for said State said State Route 794 (passing the of construction Station 107+50.00; Route 794, said curve having a radius of existing east right-of-way way line for Thence North 04 degrees 57 minutes 894.93 feet, a central angle of 69 degrees Peacock Road at a distance of 147.63 43 seconds East, continuing across said 26 minutes 28 seconds, and an arc feet, passing the south line of said 37.15 120 acre tract, along a line length of 1,084.63 feet to an iron pin set acre tract and into said 2.00 acre tract perpendicular to the centerline of at a point of tangency, said iron pin set at a distance of 203.26 feet, passing the survey and construction for said State being 60.00 feet left of State Route 794 existing centerline of survey for said Route 794 (passing the existing south proposed centerline of construction Peacock Road and the west line of said right-of-way line for said State Route Station 123+61.70, said curve being 2.00 acre tract and into said 76.59 acre 794 at a distance of 30.00 feet and subtended by a long chord having a tract at a distance of 290.40 feet, and passing the centerline of survey and bearing of North 54 degrees 05 minutes passing the existing west right-of-way construction for said State Route 794 at 29 seconds East and a length of 1,019.46 line for said Peacock Road at a distance a distance of 60.00 feet), a total distance feet; of 433.17 feet), a total distance of of 75,00 feet to A MAG nail set on the 4. North 19 degrees 22 minutes 15 1,008.74 feet to an iron pin set at a half section line for said Section 11, seconds East, a distance of 65.19 feet to point, said point being 62.26 feet right being on the north line of said 120 acre an iron pin set at a point, said iron pin of State Route 794 proposed centerline tract, being on the south line of that 1.53 set being 57.9.1 feet left of State Route of construction Station 124+29.68; acre tract described in a deed to Linda 794 proposed centerline of construction Thence South 19 degrees 22 minutes L. Black, Trustee or her Successor(s) as Station 124+30.40; 15 seconds West, across said 76.59 acre Trustees of ‘‘The Phlips Keystone 5. North 13 degrees 13 minutes 15 tract, a distance of 71.63 feet to an iron Inheritance Trust’’, dated March 12, seconds East, along a line parallel to and pin set at a point of curvature, said 2010, of record in Deed Book 1901, page 60.00 feet northwesterly from the point being 60.00 feet right of State 2209, said MAG nail set being 15.00 feet proposed centerline of construction for Route 794 proposed centerline of left. of State Route 794 proposed said State Route 794, a distance of construction Station 123+61.70; centerline of construction Station 1,007.65 feet to an iron pin set at a point Thence continuing southwest across 107+50.00; of tangency, said iron pin set being said 76.59 acre tract, along the arc of a Thence South 85 degrees 02 minutes 61.95 feet left of State Route 794 curve to the right, parallel to and 60.00 17 seconds East, along the half-section proposed centerline of construction feet southeasterly from the proposed line for said Section 11, along the north Station 134+38.38; centerline of State Route 794, said curve line of said 120 acre tract, and along the 6. North 18 degrees 19 minutes 38 having a radius of 1,014.93 feet, a south line of said 1.53 acre tract, a seconds East, a distance of 74.40 feet to central angle of 69 degrees 26 minutes distance of 167.78 feet to a MAG nail set an iron pin set at a point of curvature, 28 seconds, (passing the existing north at a southwest corner of said 76.59 acre said iron pin set being 60.00 feet left of right of way line for said State Route tract, being the southeast corner of said State Route 794 proposed centerline of 794 and the south line of said 76.59 acre 1.53 acre tract, said MAG nail set being construction Station 135+09.75; tract and into said 2.17 acre tract at an 15.00 feet left of State Route 794 7. Northeast along the arc of a curve arc length of 832.41 feet, passing the centerline of construction Station to the right, parallel to and 60.00 feet existing centerline of survey for said 109+17.78; northwesterly from the proposed State Route 794 at an arc length of Thence North 08 degrees 42 minutes centerline of construction for said State 936.68 feet, passing the south line of 47 seconds West, along a southwest line Route 794, said curve having a radius of said 2.17 acre tract and into said 120 of said 76.59 acre tract, along the 1,266.23 feet, a central angle of 50 acre tract at an arc length of 951.27 feet, northeast line of said 1.53 acre tract, a degrees 18 minutes 44 seconds, (passing and passing the existing south right-of- distance of 46.31 feet to an iron pin set the existing west right-of-way line for

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said Peacock Road at an arc length of existing northwest right-of-way line for line for said State Route 794, along the north 143.33 feet, passing the existing said State Route 794, said point being line of said 1.35 acre tract, and along a south centerline of survey for said Peacock the east corner of said 1.35 acre tract, line of said 110.789 acre tract, a distance of Road and the east line of said 76.59 acre said corner being a southerly corner of 327.65 feet to an iron pin set at the intersection of the northeast line of said tract and into said 37.15 acre tract at an that 110.789 acre tract described in a 73.16 acre tract projected north, said iron pin arc length of 199.37 feet, passing the deed to Ruth Y. Young, of record in set being 40.00 feet left of State Route 794 existing east right-of-way line for said Official Record 1416, page 1572, and proposed centerline of construction Station Peacock Road at an arc length of 249.89 described in a deed to Security National 183+48.19; feet, and passing the proposed Bank of Springfield nka Security 4. South 25 degrees 15 minutes 14 seconds centerline of construction for said National Bank and Trust Company, ITE East, along the northeast line of said 73.16 Peacock Road at an arc length of 542.57 of the Herbert A. Young Trust u/d of acre tract projected north, a distance of 46.22 feet to a point on the centerline of survey and feet) a total arc length of 1,111.89 feet February 5, 1991, as amended (1⁄2 to the TRUE POINT OF BEGINNING for construction for said State Route 794, being interest), of record in Official Record on the south line of said 1.35 acre tract, said the herein described right-of-way parcel, Volume 1887, page 2365, (reference an point being the northeast corner of said 73.16 said curve being subtended by a long iron pin found with a cap stamped acre tract and the northwest corner of that chord having a bearing of North 43 ‘‘Sutton’’ North 85 degrees 11 minutes 1.25 acre tract described in a deed to The degrees 29 minutes 00 seconds East and 07 seconds West at a distance of City of Springfield, Ohio, of record in Deed a length of 1,076.51 feet. 3,686.86 feet), said point being 73.98 Book 450, page 164, and said point being at In the State of Ohio, County of Clark, feet right of State Route 794 proposed State Route 794 proposed centerline of Township of GreeAll that part of centerline of construction Station construction Station 183+71.34; Section 19, Township 6 North, Range 10 176+64.69; Thence South 25 degrees 15 minutes West, Kent County, Michigan, described Thence South 85 degrees 11 minutes 14 seconds East, along the northeast line as follows: Commencing at a point 07 seconds East, continuing along the of said 73.16 acre tract, along the 812.50 feet east of the southwest corner north line of said Section 5 and the southwest line of said 1.25 acre tract of the southeast 1⁄4 of said Section 19, south line of said Section 6, along the (passing the existing south right-of-way thence north 183 feet, thence east 100 north line of said 73.16 acre tract, and line for said State Route 794, the feet, thence south 183 feet, thence west along the south line of said 1.35 acre southwest corner of said 1.25 acre tract, 100 feet to the point of beginning. tract, a distance of 72.01 feet to an iron and the northwest corner of that 30.02 pin set on the proposed southwest right- Parcel 1–WDV–2 Description acre tract described in a deed to The of-way line for said State Route 794, City of Springfield, Ohio, of record in Situated in the State of Ohio, County said iron pin set being 60.00 feet right Deed Book 535, page 558 at a distance of Clark, Township of Green, being in of State Route 794 proposed centerline of 46.22 feet), along the southwest line the Northwest Quarter of Section 5 and of construction Station 177+35.34, and of said 30.02 acre tract, a total distance in the Southwest Quarter of Section 6, said iron pin set being the TRUE POINT of 69.33 feet to an iron pin set, said iron Township 4, Range 8, Miami River OF BEGINNING for the herein described pin set being 60.00 feet right of State Survey, and being a part of that 73.16 right-of-way parcel; Thence across said Route 794 proposed centerline of acre tract described in a deed to The 1.35 acre tract along the following four construction Station 184+06.08; City of Springfield, Ohio, of record in (4) described courses: Thence across said 73.16 acre tract Deed Book 449, page 237, and that 1.35 along the following three (3) described acre tract described to The City of 1. North 73 degrees 59 minutes 44 seconds West, along a line parallel to and 60.00 feet courses: Springfield, Ohio, of record in Deed southwesterly from the proposed centerline 1. North 85 degrees 11 minutes 07 seconds Book 452, page 221, all records of construction for said State Route 794, a referenced herein are on file at the West, along a line parallel to and 60.00 feet distance of 37.91 feet to an iron pin set on southerly from the centerline of survey and Office of the Recorder for Clark County, the existing northwest right-of-way line for construction for said State Route 794, a Ohio, being a parcel of land located on said State Route 794, being the northwest distance of 208.09 feet to an iron pin set, said the left and right sides of the proposed line of said 1.35 acre tract, and being the iron pin set being 60.00 feet right of State centerline of construction for State southeast line of said 110.789 acre tract, said Route 794 proposed centerline of iron pin set being 60.00 feet right of State Route 794, as shown on the centerline construction Station 181+97.99; Route 794 proposed centerline of 2. Northwesterly along the arc of a curve plat for CLA–794–0.60, of record in Plat construction Station 176+97.43; to the right, parallel to and 60.00 feet Book 18, page 286, and said parcel being 2. Northeasterly along the arc of a curve to southwesterly from the proposed centerline further bounded and described as the right, along the existing northwest right- follows: of-way line for said State Route 794, along of construction for said State route 794, said Commencing for reference at an iron the northwest line of said 1.35 acre tract, and curve having a radius of 1,697.02 feet, a pin found at the northwest corner of along the southeast line for said 110.789 acre central angle of 11 degrees 11 minutes 23 seconds (passing the existing south right-of- said Section 5, being the southwest tract, said curve having a radius of 1,677.20 feet, a central angle of 11 degrees 19 minutes way line at an arc length of 250.06 feet), a corner of said Section 6, said iron pin total arc length of 331.42 feet to an iron pin being at an angle point in the existing 21 seconds (passing the proposed centerline of construction for said State Route 794 at an set at a point of tangency, said iron pin set centerline of survey for Peacock Road, arc length of 180.45 feet), a total arc length being 60.00 feet right of State Route 794 and said iron pin found being 2.34 feet of 331.44 feet to a point of tangency proposed centerline of construction Station left of Peacock Road proposed (reference a concrete monument found South 178+78.29, said curve being subtended by a centerline of construction Station 66 degrees 20 minutes 42 seconds West at a long chord having a bearing of North 79 204+37.70; distance of 0.24 feet), said point being 30.17 degrees 35 minutes 25 seconds West and a Thence South 85 degrees 11 minutes feet left of State Route 794 proposed length of 330.90 feet; 07 seconds East, along the north line of centerline of construction Station 180+16.84, 3. North 73 degrees 59 minutes 44 seconds West, along a line parallel to and 60.00 feet said Section 5, along the south line of said curve being subtended by a long chord having a bearing of North 89 degrees 09 southwesterly from the proposed centerline said Section 6 (passing the northeast minutes 12 seconds East and a length of of construction for said State Route 794 corner of said 73.16 acre tract at a 330.90 feet; (passing the existing centerline of survey for distance of 3,589.25 feet) a total distance 3. South 85 degrees 11 minutes 07 seconds said State Route 794 at a distance of 67.66 of 3,688.4.4 feet to a point on the East, along the existing north right-of-way feet), a total distance of 142.94 feet to the

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TRUE POINT OF BEGINNING for the herein southwest corner of Section 6, 4. Southwest along the proposed northwest described right-of-way parcel. Township 4, Range 8, being the right-of-way line for said State Route 794, The above described right-of-way southeast corner of Section 12, parallel to and 60.00 feet northwest of the Township 4, Range 8, said iron pin centerline of construction for said State parcel contains an area of 1.209 acres Route 794, along the arc of a curve to the left, (including a total of 1.038 acres within found being the northwest corner of said said curve having a radius of 1,266.23 feet, the present road occupied), of which 37.15 acre tract, being the northeast a central angle of 06 degrees 11 minutes 29 0.680 acres lies within Clark County corner of that 1.47 acre tract described seconds, and an arc length of 136.83 feet to Auditor’s tax parcel number in a deed to Larry E. Shaffer, of record an iron pin set at a point of cusp, said iron 1001100005000013 (including 0.509 in Official Record Volume 1778, page pin set being 60.00 feet left of State Route 794 acres within the present road occupied), 73, being the southwest corner of that proposed centerline of construction Station and 0.529 acres with no tax parcel 18.79 acre tract described in two deeds 140+34.83, said curve being subtended by a 5 long chord having a bearing of South 46 number (all of which lies within present to Nancy K. Saks & Daniel Saks ( ⁄6 road occupied). interest), of record in Official Record degrees 21 minutes 50 seconds West and a The bearings described herein are length of 136.76 feet; Volume 1862, page 116 and in Official 5. North along the arc of a curve to the left, based on the bearing of South 85 Record Volume 1900, page 107, and said curve having a radius of 30.00 feet, a degrees 11 minutes 07 seconds East for described in a deed to Barbara Jean central angle of 86 degrees 54 minutes 16 the north line of Section 5, Township 4, Meadows (1⁄6 interest), of record in seconds, and an arc length of 4530 feet to an Range 8, Miami River Survey, which is Official Record Volume 998, page 40, iron pin set at a point of tangency, said iron referenced to the Ohio State Plane said iron pin found being at an angle pin set being 88.73 feet left of State Route 794 Coordinate System, South Zone, and the point in the existing centerline of survey proposed centerline of construction Station North American Datum of 1983 for Peacock Road, and said iron pin 140+62.73, said curve being subtended by a (CORS96 Adjustment), as established found being 2.34 feet left of Peacock long chord having a bearing of North 00 degrees 11 minutes 02 seconds West and a utilizing a GPS survey performed by Road proposed centerline of American Structurepoint, Inc. in March length of 41.26 feet; construction Station 204+37.70; 6. North 43 degrees 38 minutes 10 seconds 2009, and an NGS OPUS solution (file Thence South 85 degrees 11 minutes West, (along a line parallel to and 40.00 feet number 0911340480) that was based on 07 seconds East, along the north line of southwesterly from the proposed centerline CORS Stations ‘‘OHCL’’, ‘‘OHMD’’ and said Section 5 and said 37.15 acre tract, of construction for a distance of 121.71 feet), ‘‘OH:FA’’. a total distance of 162.11 feet to an iron pin 5 along the south line of said Section 6 Iron pins referenced as set are ⁄8 inch and said 18.79 acre tract, a distance of set, said iron pin set being 42.30 feet left of by 30 inch long rebar with yellow Peacock Road proposed centerline of 42.69 feet to an iron pin set at a point, plastic caps stamped ‘‘ASI PS–8438’’ construction Station 202+45.49; said iron pin set being 40.00 feet right and are set after construction activities 7. North 84 degrees 49 minutes 54 seconds of Peacock Road proposed centerline of are completed. West, (passing the existing east right-of-way The above description of a right-of- construction Station 204+31.85; line for said Peacock Road at a distance of way parcel was prepared and reviewed Thence across said 37.15 acre tract 30.26 feet), a total distance of 50.26 feet to on October 14, 2010 by Brian P. along the following seven (7) described a railroad spike found on the existing courses: centerline of survey for said Peacock Road, Bingham, Professional Surveyor being on the west line of said 37.15 acre tract Number 8438, is based on an actual 1. Southeast parallel to and 40.00 feet and said Section 5, being on the east line of field survey performed in March 2009 northeasterly from the proposed centerline of said Section 11, being the southeast corner of by American Structurepoint, Inc., meets construction for said Peacock Road, along the said 1.47 acre tract, and being a northeast the requirements of the ‘‘Minimum arc of a non-tangent curve to the left, said corner for that 76.59 acre tract described in Standards for Boundary Surveys’’ curve having a radius of 273.95 feet, a central a deed to The City of Springfield, Ohio, of described in Ohio Revised Code Chapter angle of 40 degrees 31 minutes 19 seconds, record in Official Record Volume 1761, page and an arc length of 193.75 feet to an iron 2573, and said point being 80.93 feet left of 4733–37, and is true and correct to the pin set at a point of tangency, said iron pin best of my knowledge. Peacock Road proposed centerline of set being 40.00 feet right of Peacock Road construction Station 202+72.42; Parcel 1–WDV–3 Description proposed centerline of construction Station 202+09.82, said curve being subtended by a Thence North 05 degrees 10 minutes Situated in the State of Ohio, County long chord having a bearing of South 23 06 seconds East, along the existing of Clark, Township of Green, being in degrees 22 minutes 30 second East and a centerline of survey for said Peacock the Northwest Quarter of Section 5, length of 189.74 feet; Road, along the west line of said 37.15 Township 4, Range 8, Miami River 2. South 43 degrees 38 minutes 10 seconds acre tract and said Section 5, along the Survey, and being a part of that 37.15 East, along a line parallel to and 40.00 feet east line of said 1.47 acre tract and said acre tract described in a deed to The northeasterly from the proposed centerline Section 11, a distance of 200.00 feet to City of Springfield, Ohio, of record in for said Peacock Road, a distance of 121.71 the POINT OF BEGINNING for the feet to an iron pin set at a point of curvature, Official Record Volume 1761, page said iron pin set being 88.73 feet left of State herein described right-of-way parcel. 2573, being a parcel of land located on Route 794 proposed centerline of The above described right-of-way the left and right sides of the proposed construction Station 141+37.27; parcel contains 0.679 acres within Clark centerline of construction for Peacock 3. East along the arc of a curve to the left, County Auditor’s tax parcel number Road, being on the left side of the said curve having a radius of 30.00 feet, a 1001100005000001 (including 0.092 proposed centerline of construction for central angle of 86 degrees 54 minutes 16 acres within the present road occupied). State Route 794, both as shown on the seconds, and an arc length of 45.50 feet to an The bearings described herein are centerline plat for CLA–794–0.60, of iron pin set at a point of cusp on the based on the bearing of South 85 record in Plat Book 18, page 286, said proposed northwest right-of-way line for degrees 11 minutes 07 seconds East for State Route 794, said iron pin set being 60.00 the north line of Section 5, Township 4, parcel being further bounded and feet left of State Route 794 proposed described as follows: centerline of construction Station 141+65.17, Range 8, Miami River Survey, which is Beginning at an iron pin found at the said curve being subtended by a long chord referenced to the Ohio State Plane northwest corner of said Section 5, having a bearing of South 87 degrees 05 Coordinate System, South Zone, and the being the northeast corner of Section 11, minutes 18 seconds East and a length of North American Datum of 1983 Township 4, Range 8, being the 41.26 feet; (CORS96 Adjustment), as established

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utilizing a GPS survey performed by Issued in Romulus, Michigan, on August 2, permits from the Department of American Structurepoint, Inc. in March 2012. Transportation’s Hazardous Material 2009, and an NGS OPUS solution (file John L. Mayfield, Jr., Regulations (49 CFR Part 107, Subpart number 09–11340480) that was based Manager, Detroit Airports District Office, B), notice is hereby given of the actions on CORS Stations ‘‘OHCL’’, ‘‘OHMD’’ FAA, Great Lakes Region. on special permits applications in (July and ‘‘OHFA’’. [FR Doc. 2012–20141 Filed 8–15–12; 8:45 am] to July 2012). The mode of BILLING CODE 4910–13–P transportation involved are identified by Iron pins referenced as set are 5⁄8 inch by 30 inch long rebar with yellow a number in the ‘‘Nature of Application’’ portion of the table below plastic caps stamped ‘‘ASI PS–8438’’ DEPARTMENT OF TRANSPORTATION and are set after construction activities as follows: 1—Motor vehicle, 2—Rail are completed. freight, 3—Cargo vessel, 4—Cargo Pipeline and Hazardous Materials aircraft only, 5—Passenger-carrying The above description of a right-of- Safety Administration aircraft. Application numbers prefixed way parcel was prepared and reviewed Actions on Special Permit Applications by the letters EE represent applications on January 19, 2011 by Brian P. for Emergency Special Permits. It Bingham, Professional Surveyor AGENCY: Pipeline and Hazardous should be noted that some of the Number 8438, is based on an actual Materials Safety Administration sections cited were those in effect at the field survey performed in March 2009 (PHMSA), DOT. time certain special permits were by American Structurepoint, Inc., meets ACTION: Notice of actions on Special issued. the requirements of the ‘‘Minimum Permit Applications. Standards for Boundary Surveys’’ Issued in Washington, DC, on August 7, described in Ohio Revised Code Chapter SUMMARY: In accordance with the 2012. 4733–37, and is true and correct to the procedures governing the application Donald Burger, best of my knowledge. for, and the processing of, special Chief, Special Permits and ii ovals Branch.

S.P. No. Applicant Regulation(s) Nature of special permit thereof

MODIFICATION SPECIAL PERMIT GRANTED

15258–M ...... Air Products and Chemicals, 49 CFR 180.205 and To modify the special permit to authorize additional cyl- Inc. Tamaqua, PA. 173.302a. inders which may be tested by the untrasonic test method. 14175–M ...... The Linde Group, Murray Hill, 49 CFR 180.209 ...... To modify the special permit to authorize additional Division NJ. 2.2 gases. 14924–M ...... Explosive Service Inter- 49 CFR 176.144(e), To modify the special permit to waive the requirement for a national Ltd., Baton Rouge, § 176.145(b), fire pump under § 176.64(e). LA. § 176.137(b)(7), § 176.63(e), § 176.83; § 176.116(e); § 176.120; § 176.138(b); § 176.164(e); § 176.178(b). 15220–M ...... GasCon (Pty) Ltd, Cape 49 CFR 178.274(b) To modify the special permit to increase the water capacity Town, South Africa. 178.277(b)(1). from 17000 liters (4500 USWG) liters min; to 45000 liters (11888 USWG) max. 11458–M ...... Costco Wholesale, Issaquah, 49 CFR 172.203(a) and To modify the special permit to authorize transportation in WA. 173.156(b). commerce as a limited quantity in addition to ORM–D. 10232–M ...... ITW Sexton, Deccatur, AL ..... 49 CFR 173.304, 178.33(a) ... To modify the special permit to authorize a higher burst pressure. 14978–M ...... Air Products and Chemicals, 49 CFR 173.181(c)(1) ...... To modify the special permit by removing the references to Inc., Allentown, PA. the drawings of the inner packaging. 11836–M ...... Hydrite Chemical Co., Brook- 49 CFR 173.24; 173.203 ...... To modify the special permit by authorizing use of a UN field, WI. 3H1 drum. 15661–M ...... Pyrotechnique by Grucci 49 CFR, 49 CFR 173.52, 49 To modify the special permit by authorizing additional con- (PbG) Brookhaven, NY. CFR 173.50. tainers of unapproved fireworks to be transported.

NEW SPECIAL PERMIT GRANTED

15515–N ...... National Aeronautics and 49 CFR 173.302a, To authorize the transportation in commerce of a non-DOT Space Administration 173.301(0(1), specification cylinder further packed in an ATA–300 Cat- (NASA) Houston, TX. 173.301(h)(3), 173.302(f)(2) egory 1 outer packaging. (modes 1, 2, 3, 4). and 173.302(f)(4). 15593–N ...... ITW Sexton, Decatur, AL ...... 49 CFR 173.304a(d)(3), To authorize the manufacture, marking and sale of a non- 178.33(a)(8). DOT specification container to be used for the transportation in commerce of UN 1075. (modes 1, 2, 3, 4). 15615–N ...... American Promotional Events, 49 CFR 171.8 ...... To authorize the transportation in comerce of UNO336 Fire- Inc.—East d/b/a TNT Fire- works in UN4G packaging with a capacity greater than works Florence, AL. 450 liters. (mode 1). 15617–N ...... Veolia ES Technical Solu- 49 CFR 173.192, § 177.848 .. To authorize the transportation in commerce of waste phos- tions, L.L.C. Flanders, NJ. gene in alternative packaging being transported to a disposal facility without meeting the segregation requirements for Division 2.3 gas Zone A materials within the transport vehicle. (mode 1).

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S.P. No. Applicant Regulation(s) Nature of special permit thereof

15666–N ...... The Procter & Gamble Manu- 49 CFR 49 CFR 172.101, Ap- Request to except a marine pollutant from being regulated facturing Company West pendix B, Paragraph 5. as a marine pollutant. (modes 1, 2, 3, 4, 5). Chester, OH.

EMERGENCY SPECIAL PERMIT GRANTED

15652–N ...... Vertical Solutions LLC, 49 CFR 172.101 Column(9B), To authorize the transportation in commerce of certain haz- Valdez, AK. 172.204(c)(3), 173.27(b)(2), ardous materials by 14 CFR Part 133 Rotorcraft External 172.200, 172.300, Part 173, Load Operations transporting hazardous materials at- 175.30(a)(1) and 175.75. tached to or suspended from an aircraft, in remote areas of the U.S. only, without being subject to hazard communication requirements, quantity limitations and certain loading and stowage requirements. (mode 4). 15665–N ...... Airgas Nor Pac Vancouver, 49 CFR 173.3(e) ...... To authorize the transportation in commerce of a DOT WA. Specification 4AA cylinder containing anhydrous ammonia that developed a leak and is equipped with a Chlorine In- stitute Kit ‘‘A’’ to prevent leakage during transportation. (mode 1). 15667–N ...... Volga Dnepr—UNIQUE AIR 49 CFR 172.101 Column To authorize the transportation in commerce of certain Divi- CARGO, Inc Ulyanovsk. (9B), 172.204(c)(3), 173.27, sion 1.2 explosives that are forbidden for transportation and 175.30(a)(1). by cargo only aircraft (mode 4).

NEW SPECIAL PERMIT WITHDRAWN

15494–N ...... Johnson Controls Battery 49 CFR 173.159 ...... To authorize the transportation in commerce of certain ac- Group, Inc., Milwaukee, WI. tively leaking lead acid batteries in a special overpack by motor vehicle. (mode 1).

DENIED

15553–N ...... Request by Best Sanitizers, Inc. Walton, KY July 25, 2012. To authorize the transportation of non-bulk combination packages of medical grade instrument sanitizer and disinfectant materials using custom inner packagings placed within a strong outer fiberboard box. 15621–N ...... Request by Pacific Consolidated Industries, LLC Riverside, CA July 25, 2012. To authorize the transportation in commerce of brass-lined filament wound cylinders identified as Mobile Oxygen Storage Tanks filled with certain Division 2.1 and 2.2 gases. 15643–N ...... Request by Hunter Well Science Arlington, TX July 25, 2012. To authorize the transportation in commerce Sulfur hexafluoride, UN 1080 as limited quantity in a non-specification cylinder. 15662–N ...... Request by Department of State Washington, DC July 13, 2012. To authorize transportation in commerce of batteries without externally marking the outer package.

[FR Doc. 2012–19832 Filed 8–15–12; 8:45 am] of special permit applications that have 2. Extensive public comment under BILLING CODE 4909–60–M been in process for 180 days or more. review The reason(s) for delay and the expected 3. Application is technically complex completion date for action on each and is of significant impact or DEPARTMENT OF TRANSPORTATION application is provided in association precedent-setting and requires with each identified application. extensive analysis Pipeline and Hazardous Materials 4. Staff review delayed by other priority FOR FURTHER INFORMATION CONTACT: Safety Administration issues or volume of special permit Ryan Paquet, Director, Office of applications Notice of Delays in Processing of Hazardous Materials Special Permits Special Permits Applications and Approvals, Pipeline and Hazardous Meaning of Application Number Materials Safety Administration, U.S. Suffixes AGENCY: Pipeline and Hazardous Materials Safety Administration Department of Transportation, East N—New application (PHMSA), DOT. Building, PHH–30, 1200 New Jersey M—Modification request Avenue Southeast, Washington, DC R—Renewal Request ACTION: List of applications delayed 20590–0001, (202) 366–4535. P—Party To Exemption Request more than 180 days. Key to ‘‘Reason for Delay’’ Issued in Washington, DC, on August 7, SUMMARY: In accordance with the 2012. requirements of 49 U.S.C. 5117(c), 1. Awaiting additional information from Donald Burger, PHMSA is publishing the following list applicant Chief, General Approvals and Permits.

Reason for Estimated date Application No. Applicant delay of completion

Modification to Special Permits

14372–M ...... Kidde Aerospace and Defense, Wilson, NC ...... 3 10–31–2012

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Reason for Estimated date Application No. Applicant delay of completion

New Special Permit Applications

15080–N ...... Alaska Airlines, Seattle, WA ...... 4 10–31–2012 15334–N ...... Floating Pipeline Company Incorporated, Halifax, Nova Scotia ...... 3 09–30–2012 15504–N ...... FIBA Technologies, Inc., Millbury, MA ...... 3 10–31–2012 15552–N ...... POLY-COAT Systems, Inc., Liverpool, TX ...... 4 10–31–2012 15558–N ...... 3M Company, St. Paul, MN ...... 4 10–31–2012 15568–N ...... ATK Launch Systems, Corinne, UT ...... 3 10–31–2012

Party to Special Permits Application

15537–P ...... Austin Powder Company, Cleveland, OH ...... 4 10–31–2012 14372–P ...... L’Hotellier, France ...... 3 10–31–2012 13548–P ...... Interstate Battery System of The Redwoods, Eureka, CA ...... 4 10–31–2012

Renewal Special Permits Applications

12412–R ...... Carolina Pool Management, Charlotte, NC ...... 3 10–31–2012 11136–R ...... Alaska Pyrotechnics, Anchorage, AK ...... 3 10–31–2012 14313–R ...... Airgas, Inc., Radnor, PA ...... 3 12–31–2012 12283–R ...... Interstate Battery of Alaska, Anchorage, AK ...... 4 09–30–2012

[FR Doc. 2012–19830 Filed 8–15–12; 8:45 am] ADDRESSES: Communications Division, Documentation for Covered Institutions BILLING CODE 4910–60–M Office of the Comptroller of the with Total Consolidated Assets of $50 Currency, Mailstop 2–3, Attention: Billion or More under the Dodd-Frank 1557–NEW, 250 E Street SW., Wall Street Reform and Consumer DEPARTMENT OF THE TREASURY Washington, DC 20219. In addition, Protection Act. comments may be sent by fax to (202) OMB Control No.: 1557–NEW. Office of the Comptroller of the 874–5274 or by electronic mail to Description: Section 165(i)(2) of the Currency [email protected]. You may Dodd-Frank Wall Street Reform and personally inspect and photocopy Consumer Protection Act 1 (Dodd-Frank Agency Information Collection comments at the OCC, 250 E Street SW., Act) requires certain financial Activities: Proposed Information Washington, DC 20219. For security companies, including national banks Collection; Comment Request reasons, the OCC requires that visitors and Federal savings associations, to 2 AGENCY: Office of the Comptroller of the make an appointment to inspect conduct annual stress tests and Currency, Treasury (OCC). comments. You may do so by calling requires the primary financial regulatory (202) 874–4700. Upon arrival, visitors agency 3 of those financial companies to ACTION: Notice and request for comment. will be required to present valid issue regulations implementing the SUMMARY: The OCC, as part of its government-issued photo identification stress test requirements.4 A national continuing effort to reduce paperwork and to submit to security screening in bank or Federal savings association is a and respondent burden, invites the order to inspect and photocopy ‘‘covered institution’’ and therefore general public and other Federal comments. subject to the stress test requirements if agencies to comment on this continuing Additionally, please send a copy of its total consolidated assets are more information collection, as required by your comments by mail to: OCC Desk than $10 billion. Under section the Paperwork Reduction Act of 1995. Officer, 1557–NEW, U.S. Office of 165(i)(2), a covered institution is An agency may not conduct or sponsor, Management and Budget, 725 17th required to submit to the Board of and a respondent is not required to Street NW., #10235, Washington, DC Governors of the Federal Reserve respond to, an information collection 20503, or by fax to (202) 395–6974. System (Board) and to its primary unless it displays a currently valid FOR FURTHER INFORMATION CONTACT: You financial regulatory agency a report at Office of Management and Budget can request additional information or a such time, in such form, and containing (OMB) control number. Currently, the copy of the collection from Mary H. such information as the primary OCC is soliciting comment concerning a Gottlieb, (202) 874–5090, Legislative financial regulatory agency may proposed new regulatory reporting and Regulatory Activities Division, require.5 On January 24, 2012, the OCC requirement for national banks and Office of the Comptroller of the published in the Federal Register a Federal savings associations titled, Currency, 250 E Street SW., notice of proposed rulemaking (NPR) ‘‘Company-Run Annual Stress Test Washington, DC 20219. In addition, implementing the section 165(i)(2) Reporting Template and Documentation copies of the templates referenced in annual stress test requirement.6 This for Covered Institutions with Total this notice can be found on the OCC’s notice describes the reports and Consolidated Assets of $50 Billion or Web site under News and Issuances information required to meet the More under the Dodd-Frank Wall Street (http://occ.gov/news-issuances/index- reporting requirements under section Reform and Consumer Protection Act.’’ news-issuances.html). 1 Public Law 111–203, 124 Stat. 1376, July 2010. The proposal describes the scope of SUPPLEMENTARY INFORMATION: The OCC 2 12 U.S.C. 5365(i)(2)(A). reporting and the proposed reporting is requesting comment on the following requirements. 3 12 U.S.C. 5301(12). new proposed information collection: 4 12 U.S.C. 5365(i)(2)(C). DATES: Comments must be received by Title: Company-Run Annual Stress 5 12 U.S.C. 5365(i)(2)(B). October 15, 2012. Test Reporting Template and 6 77 FR 3408, Jan. 24, 2012.

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165(i)(2). These information collections forms. The OCC has worked to 3. Other Than Temporary will be given confidential treatment (5 minimize any potential duplication of Impairments (OTTI) on assets held to U.S.C. 552(b)(4)). effort related to the annual stress test maturity and available for sale; The OCC intends to use the data requirements. The OCC also recognizes 4. Trading account losses; collected through this proposal to assess that many covered institutions with 5. Allowance for loan and lease the reasonableness of the stress test total consolidated assets of $50 billion losses; results of covered institutions and to or more are required to submit reports 6. Pre-provision net revenue; and provide forward-looking information to using CCAR reporting form FR Y–14A.7 7. Repurchase reserve/liability for the OCC regarding a covered Therefore, the OCC is proposing to base reps and warranties. institution’s capital adequacy. The OCC reporting requirements closely on the This schedule provides information also may use the results of the stress Board’s form FR Y–14A for covered used to assess losses that covered tests to determine whether additional institutions with total consolidated institutions can sustain in adverse and analytical techniques and exercises assets of $50 billion or more. The OCC severely adverse stress scenarios. could be appropriate to identify, recognizes the Board has a proposal to Worksheets: Balance Sheet measure, and monitor risks at the modify the FR Y–14A out for comment covered institution. The stress test and, to the extent practical, the OCC The balance sheet worksheet collects results are expected to support ongoing will keep its reporting requirements data for the quarter preceding the improvement in a covered institution’s consistent with the Board’s FR Y–14A planning horizon and for each quarter of stress testing practices with respect to in order to minimize burden on covered the planning horizon for the stress test its internal assessments of capital institutions.8 on projected equity capital, as well as adequacy and overall capital planning. on assets and liabilities in the following The Dodd-Frank Act stress testing Description of Reporting Templates for categories. requirements apply to all covered Institutions With $50 Billion or More in 1. HTM Securities; institutions, but the OCC recognizes that Assets 2. AFS Securities; many covered institutions with The OCC DFAST–14A Summary 3. Loans; consolidated total assets of $50 billion Schedule includes data collection 4. Trading Assets; or more have been subject to stress worksheets necessary for the OCC to 5. Intangibles; testing requirements under the Board’s assess the company-run stress test 6. Deposits; and Comprehensive Capital Analysis and results for baseline, adverse and 7. Trading Liabilities. Review (CCAR). The OCC also severely adverse scenarios as well as The OCC intends to use this recognizes that these institutions’ stress any other scenario specified in worksheet to assess the projected tests will be applied to more complex accordance with regulations specified changes in assets and liabilities that a portfolios and therefore warrant a by the OCC. The DFAST–14A Summary covered institution can sustain in an broader set of reports to adequately Schedule includes worksheets that adverse and severely adverse stress capture the results of the company-run collect information on the following scenario. This worksheet will also be stress tests. These reports will areas: used to assess the revenue and loss necessarily require more detail than 1. Income Statement; projections identified in the income would be appropriate for smaller, less statement worksheet. 2. Balance Sheet; complex institutions. Therefore, the 3. Capital Statement; Worksheets: Capital OCC has decided to specify separate reporting templates for covered 4. Retail Risk; The capital worksheet collects data institutions with total consolidated 5. Securities: Available-for-Sale/Held for the quarter preceding the planning assets between $10 and $50 billion and to Maturity (AFS/HTM); horizon and for each quarter of the for covered institutions with total 6. Trading; planning horizon for the stress test on consolidated assets of $50 billion or 7. Counterparty Credit Risk; the following areas. more. In cases where a covered 8. Operational Risk; and 1. Changes to Equity Capital; institution with assets less than $50 9. Pre-Provision Net Revenue (PPNR). 2. Changes to Regulatory Capital; and billion is affiliated with an organization Each covered institution reporting to 3. Capital Actions. with assets of $50 billion or more, the the OCC using this form will be required The OCC intends to use this OCC reserves the authority to require to submit to the OCC a separate DFAST– worksheet to assess the impact on that covered institution to use the 14A Summary Schedule for each capital of the projected losses and reporting template for larger scenario provided to covered projected changes in assets that the institutions. The OCC may also, on a institutions in accordance with covered institution can sustain in a case-by-case basis, require a covered regulations implementing Section stressed scenario. In addition to institution with assets over $50 billion 165(i)(2) as specified by the OCC. reviewing the worksheet in the context to report stress test results using a Worksheets: Income Statement of the balance sheet and income simpler format to be specified by the statement projections, the OCC also OCC. The reporting templates for This income statement worksheet intends to use this worksheet to assess institutions with assets of $50 billion or collects data for the quarter preceding the adequacy of the capital plans and more are described below. the planning horizon and for each capital planning processes for each The OCC has worked closely with the quarter of the planning horizon for the covered institution. Board and the Federal Deposit stress test on projected losses and Insurance Corporation (FDIC) to make revenues in the following categories. Worksheets: Retail Projections the agencies’ respective rules 1. Loan losses; The retail projections worksheets implementing annual stress testing 2. Losses due to contingent collect data for each quarter of the under the Dodd-Frank Act consistent commitments and liabilities; planning horizon for the stress test on and comparable by requiring similar projected balances and losses for major standards for scope of application, 7 http://www.federalreserve.gov/reportforms. retail portfolios: Residential real estate, scenarios, data collection and reporting 8 77 FR 40051, July 6, 2012. credit card, automobile, student loans,

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small business loans, and other people, and systems or from external with granular components of those consumer. For residential real estate, the events including legal losses. Some elements) for each quarter of the worksheets collect data for first lien examples of operational loss events are planning horizon for the stress test mortgages, home equity lines of credit, losses related to improper business under baseline, adverse and severely and home equity loans. For all major practices (including class action adverse scenarios, based on the Basel III retail portfolios, the worksheets contain lawsuits), execution errors, and fraud. framework promulgated by the Basel separate segments for domestic and Additional detail may be requested in Committee on Bank Supervision. international loans for various product order for the OCC to evaluate the Covered institutions also are required to types. Within each broad product-type transformation of the covered include data on the projected impact of segment, the reporting for the portfolio institutions’ historical loss experience any significant actions planned in is divided into a number of sub- into operational loss projections. response to Basel III and the Dodd- segments that embody unique risk Additional detail also may be requested Frank Act (for example, asset sales, asset characteristics. This modular product- on any budgeting processes used to wind-downs, and data collection and type design of the retail worksheet project operational losses. modeling enhancements). allows for a targeted data collection that Completion of the operational risk Description of OCC DFAST–14A encompasses only the material worksheets would be required only for Company Variables Template portfolios in a given product area for a those institutions subject to advanced particular covered institution. A approaches risk-based capital rules. To conduct the stress test required covered institution would be required to under this rule, a covered institution Worksheets: PPNR complete only the segments and sub- may need to project additional segments material for that institution. For the PPNR worksheets, covered economic and financial variables to This design is intended to limit burden institutions must provide projections for estimate losses or revenues for some or while maximizing the supervisory the three major components of PPNR all of its portfolios. In such a case, the information produced from the (net interest income, non-interest covered institution is required to collection. income, and non-interest expense) for complete the DFAST–14A Company each quarter of the planning horizon. Variables worksheet for each scenario Worksheets: Securities Collection of these data in this format is where such additional variables are Several securities worksheets collect based on the assumption that the used to conduct the stress test. Each data related to Available-for-Sale (AFS) revenues generated by different business scenario worksheet collects the variable and Held-to-Maturity (HTM) securities. lines are affected differently by different name (matching that reported on the The worksheets collect data and stress scenarios, and such a view Scenario Variable Definitions information such as: Projected other- facilitates a more robust analysis of the worksheet), the actual value of the than-temporary impairment (OTTI) by resulting projections. variable during the third quarter of the asset class for each quarter of the reporting year, and the projected value forecast time horizon; methodologies Description of OCC DFAST–14A of the variable for nine future quarters. Counterparty Credit Risk Template and assumptions used to generate the Description of Supporting The counterparty credit risk (CCR) OTTI projections for each asset class; Documentation projected stressed fair market value template collects, on various (FMV) for each asset class as well as worksheets, data to identify credit Covered institutions must submit qualitative information on the valuation adjustment (CVA), exposures, clear documentation in support of the methodologies and assumptions used to and CVA sensitivities for the covered projections included in the worksheets generate the stressed market value; and institution’s top counterparties along a to support efficient and timely review of actual FMV including the source number of dimensions, including annual stress test results by the OCC. (vendor or proprietary) and key current CVA, stressed CVA, net current The supporting documentation should assumptions used in determining exposure, and gross current exposure. be submitted electronically and is not market values (if using a proprietary Covered institutions also must submit expected to be reported in the model). aggregate CVA, exposures, and CVA workbooks used for required data sensitivities by ratings categories. The reporting. This supporting Worksheets: Trading and Counterparty Notes to the CCR Schedule worksheet documentation must clearly describe Risk allows covered institutions to the methodology used to produce the The trading and counterparty risk voluntarily submit additional stress test projections, and must include worksheets collect projected losses information to provide clarity to the how the macroeconomic factors were associated with a specified global portfolio. Covered institutions are translated into a covered institution’s market risk shock from covered required to report results under two projections, as well as technical details institutions with large trading scenarios (adverse, severely adverse) of any underlying statistical methods operations. The OCC provides a set of and two specifications (Covered used. Where company-specific hypothetical shocks to the risk factors Institution, OCC) to capture Expected assumptions are made that differ from most relevant to the trading and Exposure profiles. the broad macro-economic assumptions counterparty positions of respondent Completion of the Counterparty incorporated in stress scenarios covered institutions. Credit Risk template would be required provided by the OCC, the only for those institutions subject to the documentation must also describe such Worksheets: Operational Risk market shock provided by the OCC. assumptions and how those The operational risk worksheets assumptions relate to reported collect data on covered institutions’ Description of OCC DFAST–14A Basel projections. Where historical projections of operational losses for III Capital Template relationships are relied upon, the each quarter of planning horizon for the The Basel III capital template collects covered institutions must describe the stress test. Operational losses are projections of Tier 1 Common Equity, historical data and provide the basis for defined as losses arising from Tier 1 Capital, Risk-Weighted Assets the expectation that these relationships inadequate or failed internal processes, (RWA), and Leverage Exposures (along would be maintained in each scenario,

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particularly under adverse and severely performance of the functions of the DEPARTMENT OF VETERANS adverse conditions. OCC, including whether the information AFFAIRS Type of Review: New collection. has practical utility; Affected Public: Businesses or other Advisory Committee on Women (b) The accuracy of the OCC’s for-profit. Veterans, Notice of Meeting Estimated Number of Respondents: estimate of the burden of the collection Amendment 20. of information; Estimated Total Annual Burden: (c) Ways to enhance the quality, The Department of Veterans Affairs 9,600 hours. utility, and clarity of the information to (VA) is announcing an amendment to The OCC recognizes the Board has be collected; the notice of meeting of the Advisory estimated 79,200 hours for bank holding Committee on Women Veterans on companies to prepare their systems for (d) Ways to minimize the burden of August 20–24, 2012, in the Dennis submitting data for the FR Y–14.9 The the collection on respondents, including Auditorium, 2B–137, at the VA OCC believes that these systems will through the use of automated collection Maryland Health Care System, 10 North also be used to submit data for the techniques or other forms of information Green Street, Baltimore, MD, from 8:30 reporting templates described in this technology; and a.m. until 4:30 p.m. each day. This notice. (e) Estimates of capital or start-up meeting was announced in the Federal Comments submitted in response to costs and costs of operation, Register on Monday, August 13, 2012, this notice will be summarized and maintenance, and purchase of services (77 FR 156). Any member of the public included in the request for OMB to provide information. wishing to attend or seeking additional approval. All comments will become a information should contact Ms. matter of public record.Comments are Dated: August 10, 2012. Middleton at (202) 461–6193 and not invited on: Michele Meyer, (202) 273–7092 as previously provided. (a) Whether the collection of Assistant Director, Legislative and Regulatory Dated: August 13, 2012. information is necessary for the proper Activities Division. By Direction of the Secretary. [FR Doc. 2012–20083 Filed 8–15–12; 8:45 am] 9 Board of Governors of the Federal Reserve Vivian Drake, System, OMB Supporting Statement for the Capital BILLING CODE 4810–33–P Committee Management Officer. Assessments and Stress Testing information collection (FR Y–14A/Q/M; OMB No. 7100–0341), [FR Doc. 2012–20160 Filed 8–15–12; 8:45 am] p. 22. BILLING CODE P

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Part II

Environmental Protection Agency

40 CFR Parts 60 and 63 Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews; Final Rule

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ENVIRONMENTAL PROTECTION ADDRESSES: The EPA has established a A. What are the statutory authorities for the AGENCY docket for this action under Docket ID. NSPS and NESHAP? No. EPA–HQ–OAR–2010–0505. All B. What is the litigation history? 40 CFR Parts 60 and 63 C. What is the sector-based approach? documents in the docket are listed on D. What are the health effects of pollutants the http://www.regulations.gov Web emitted from the oil and natural gas [EPA–HQ–OAR–2010–0505; FRL–9665–1] site. Although listed in the index, some sector? information is not publicly available, IV. Summary of the Final NSPS Rule RIN 2060–AP76 e.g., confidential business information A. What are the final actions relative to the or other information whose disclosure is NSPS for the Crude Oil and Natural Gas Oil and Natural Gas Sector: New Production source category? Source Performance Standards and restricted by statute. Certain other material, such as copyrighted material, B. What are the effective and compliance National Emission Standards for dates for the final NSPS? Hazardous Air Pollutants Reviews is not placed on the Internet and will be V. Summary of the Significant Changes to the publicly available only in hard copy NSPS Since Proposal AGENCY: Environmental Protection form. Publicly available docket A. Gas Well Affected Facilities Agency (EPA). materials are available either B. Centrifugal and Reciprocating Compressor Affected Facilities ACTION: Final rule. electronically through http:// www.regulations.gov or in hard copy at C. Pneumatic Controller Affected Facilities SUMMARY: This action finalizes the the EPA’s Docket Center, Public Reading D. Storage Vessel Affected Facilities E. Equipment Leaks Affected Facilities and review of new source performance Room, EPA West Building, Room Sweetening Unit Affected Facilities at standards for the listed oil and natural Number 3334, 1301 Constitution Onshore Natural Gas Processing Plants gas source category. In this action the Avenue NW., Washington, DC 20004. F. Changes to Notification, Recordkeeping EPA revised the new source This Docket Facility is open from 8:30 and Reporting Requirements performance standards for volatile a.m. to 4:30 p.m. Eastern Standard VI. Summary of the Final NESHAP Rules organic compounds from leaking Time, Monday through Friday, A. What are the final rule actions relative components at onshore natural gas excluding legal holidays. The telephone to the Oil and Natural Gas Production (subpart HH) source category? processing plants and new source number for the Public Reading Room is B. What are the final rule amendments for performance standards for sulfur (202) 566–1744, and the telephone the Natural Gas Transmission and dioxide emissions from natural gas number for the Air Docket is (202) 566– Storage (subpart HHH) source category? processing plants. The EPA also 1742. C. What is the effective date of this final rule and compliance dates for the established standards for certain oil and FOR FURTHER INFORMATION CONTACT: For gas operations not covered by the standards? further information about this final VII. Summary of the Significant Changes to existing standards. In addition to the action, contact Mr. Bruce Moore, Sector operations covered by the existing the NESHAP Since Proposal Policies and Programs Division (E143– A. What are the significant changes since standards, the newly established 05), Office of Air Quality and Standards, proposal for the Oil and Natural Gas standards will regulate volatile organic Environmental Protection Agency, Production (subpart HH) source compound emissions from gas wells, Research Triangle Park, North Carolina category? centrifugal compressors, reciprocating 27711, telephone number: (919) 541– B. What are the significant changes since compressors, pneumatic controllers and 5460; facsimile number: (919) 685–3200; proposal for the Natural Gas storage vessels. This action also Transmission and Storage (subpart HHH) email address: [email protected]. source category? finalizes the residual risk and For additional contact information, see technology review for the Oil and VIII. Compliance Related Issues Common to the following SUPPLEMENTARY the NSPS and NESHAP Natural Gas Production source category INFORMATION section. A. How do the rules address startup, and the Natural Gas Transmission and shutdown and malfunction? SUPPLEMENTARY INFORMATION: Storage source category. This action For B. How do the NSPS and NESHAP provide includes revisions to the existing leak specific information regarding risk for compliance assurance? detection and repair requirements. In assessment and exposure modeling C. What are the requirements for addition, the EPA has established in this methodology, contact Mr. Mark Morris, submission of performance test data to action emission limits reflecting Health and Environmental Impacts the EPA? maximum achievable control Division (C504–06), Office of Air IX. Summary of Significant NSPS Comments Quality Planning and Standards, U.S. and Responses technology for certain currently A. Major Comments Concerning uncontrolled emission sources in these Environmental Protection Agency, Research Triangle Park, NC 27711; Applicability source categories. This action also B. Major Comments Concerning Well includes modification and addition of telephone number (919) 541–5416; fax Completions testing and monitoring and related number: (919) 541–0840; and email C. Major Comments Concerning Pneumatic notification, recordkeeping and address: [email protected]. Controllers reporting requirements, as well as other Organization of This Document. The D. Major Comments Concerning minor technical revisions to the national information presented in this preamble Compressors is organized as follows: E. Major Comments Concerning Storage emission standards for hazardous air Vessels pollutants. This action finalizes I. Preamble Acronyms and Abbreviations F. Major Comments Concerning revisions to the regulatory provisions II. General Information Notification, Recordkeeping and related to emissions during periods of A. Executive Summary Reporting Requirements startup, shutdown and malfunction. B. Does this action apply to me? X. Summary of Significant NESHAP C. What are the emission sources affected DATES: This final rule is effective on Comments and Responses by this action? A. Major Comments Concerning Previously October 15, 2012. The incorporation by D. Where can I get a copy of this Unregulated Sources reference of certain publications listed document? B. Major Comments Concerning the Risk in this rule is approved by the Director E. Judicial Review Review of the Federal Register as of October 15, III. Background Information on the NSPS and C. Major Comments Concerning the 2012. NESHAP Technology Review

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D. Major Comments Concerning GWP Global Warming Potential RICE Reciprocating Internal Combustion Notification, Recordkeeping and HAP Hazardous Air Pollutants Engines Reporting Requirements HEM–3 Human Exposure Model, version 3 RTR Residual Risk and Technology Review XI. What are the cost, environmental and HI Hazard Index SAB Science Advisory Board economic impacts of the final NESHAP HP Horsepower SBREFA Small Business Regulatory and NSPS amendments? HQ Hazard Quotient Enforcement Fairness Act A. What are the air impacts? H2S Hydrogen Sulfide SCC Source Classification Codes B. What are the energy impacts? ICR Information Collection Request scfh Standard Cubic Feet Per Hour C. What are the cost impacts? IPCC Intergovernmental Panel on Climate scfm Standard Cubic Feet Per Minute D. What are the economic impacts? Change scm Standard Cubic Meters E. What are the benefits of this final rule? IRIS Integrated Risk Information System scmd Standard Cubic Meters per Day XII. Statutory and Executive Order Reviews km Kilometer SCOT Shell Claus Offgas Treatment A. Executive Order 12866: Regulatory kW Kilowatts SIP State Implementation Plan Planning and Review and Executive LAER Lowest Achievable Emission Rate SISNOSE Significant Economic Impact on a Order 13563: Improving Regulation and lb Pounds Substantial Number of Small Entities Regulatory Review LDAR Leak Detection and Repair S/L/T State and Local and Tribal Agencies B. Paperwork Reduction Act MACT Maximum Achievable Control SO2 Sulfur Dioxide C. Regulatory Flexibility Act Technology SSM Startup, Shutdown and Malfunction D. Unfunded Mandates Reform Act MACT Code NEI code used to identify STEL Short-term Exposure Limit E. Executive Order 13132: Federalism processes included in a source category TLV Threshold Limit Value F. Executive Order 13175: Consultation Mcf Thousand Cubic Feet TOSHI Target Organ-Specific Hazard Index and Coordination With Indian Tribal Mg/yr Megagrams per year tpy Tons per Year Governments MIR Maximum Individual Risk TRIM Total Risk Integrated Modeling G. Executive Order 13045: Protection of MIRR Monitoring, Inspection, System Children From Environmental Health Recordkeeping and Reporting TRIM.FaTE A spatially explicit, compartmental mass balance model that Risks and Safety Risks MMtCO2e Million Metric Tons of Carbon H. Executive Order 13211: Actions Dioxide Equivalents describes the movement and Concerning Regulations That NAAQS National Ambient Air Quality transformation of pollutants over time, Significantly Affect Energy Supply, Standards through a user-defined, bounded system Distribution, or Use NAC/AEGL National Advisory Committee that includes both biotic and abiotic I. National Technology Transfer and for Acute Exposure Guideline Levels for compartments Advancement Act Hazardous Substances TSD Technical Support Document J. Executive Order 12898: Federal Actions NAICS North American Industry UF Uncertainty Factor To Address Environmental Justice in Classification System UMRA Unfunded Mandates Reform Act URE Unit Risk Estimate Minority Populations and Low-Income NAS National Academy of Sciences VCS Voluntary Consensus Standards Populations NATA National Air Toxics Assessment VOC Volatile Organic Compounds K. Congressional Review Act NEI National Emissions Inventory VRU Vapor Recovery Unit I. Preamble Acronyms and NEMS National Energy Modeling System NESHAP National Emissions Standards for II. General Information Abbreviations Hazardous Air Pollutants Several acronyms and terms used to NGL Natural Gas Liquids A. Executive Summary describe industrial processes, data NIOSH National Institutes for Occupational 1. Purpose of the Regulatory Action inventories and risk modeling are Safety and Health included in this preamble. While this NOX Oxides of Nitrogen Responding to the requirements of a may not be an exhaustive list, to ease NRC National Research Council consent decree, this action finalizes NSPS New Source Performance Standards the reading of this preamble and for several rules that apply to the oil and NSR New Source Review gas production industry and reference purposes, the following terms NTTAA National Technology Transfer and and acronyms are defined here: significantly reduce emissions of air Advancement Act pollutants. More particularly, the action OAQPS Office of Air Quality Planning and API American Petroleum Institute finalizes: BACT Best Available Control Technology Standards • OMB Office of Management and Budget New source performance standards BDT Best Demonstrated Technology (NSPS) for the Crude Oil and Natural bpd Barrels Per Day PB–HAP Hazardous air pollutants known to BMP Best Management Practice be persistent and bio-accumulative in the Gas Production and onshore natural gas BSER Best System of Emission Reduction environment processing plant source category. The BTEX Benzene, Ethylbenzene, Toluene and PFE Potential for Flash Emissions EPA reviewed two existing NSPS for Xylene PM Particulate Matter onshore natural gas processing plant CAA Clean Air Act PM2.5 Particulate Matter (2.5 microns and source category under section 111(b) of CBM Coal Bed Methane less) the Clean Air Act (CAA). This action CDX Central Data Exchange POM Polycyclic Organic Matter ppm Parts per Million improves the existing NSPS and CEDRI Compliance and Emissions Data finalizes standards for certain crude oil Reporting Interface ppmv Parts per Million by Volume CFR Code of Federal Regulations PSIG Pounds per Square Inch Gauge and natural gas sources that are not CO Carbon Monoxide PSIA Pounds per Square Inch Absolute covered by existing NSPS for this sector. • CO2 Carbon Dioxide PTE Potential to Emit National Emissions Standards for CO2e Carbon Dioxide Equivalent QA Quality Assurance Hazardous Air Pollutants (NESHAP) for DOE United States Department of Energy RACT Reasonably Available Control the Oil and Natural Gas Production e-GGRT Electronic Greenhouse Gas Technology source category and the Natural Gas Reporting Tool RBLC RACT/BACT/LAER Clearinghouse Transmission and Storage source EPA Environmental Protection Agency REC Reduced Emissions Completions category. The EPA conducted risk and ERPG Emergency Response Planning REL California EPA Reference Exposure Guidelines Level technology reviews (RTR) for these rules ERT Electronic Reporting Tool RFA Regulatory Flexibility Act under section 112 of the CAA. In GCG Gas Condensate Glycol RfC Reference Concentration addition, the EPA has established GHG Greenhouse Gas RfD Reference Dose emission limits for certain currently GOR Gas to Oil Ratio RIA Regulatory Impact Analysis uncontrolled emission sources in these

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source categories. These limits reflect processing, transmission and storage reductions 99.8 percent to 99.9 percent maximum achievable control segments with emissions equal to or based on reanalysis of the original data. technology (MACT). greater than 6 tons per year (tpy) must National Emissions Standards for achieve at least 95.0 percent reduction Hazardous Air Pollutants (NESHAP). 2. Summary of the Major Provisions of in VOC emissions. See section IX.E of This action also revises the NESHAP for the Regulatory Actions this preamble for further discussion. glycol dehydration unit process vents New Source Performance Standards Certain controllers. The rule sets a and leak detection and repair (LDAR) (NSPS). The newly established NSPS for natural gas bleed rate limit of 6 scfh for requirements. In the final rule for major the Crude Oil and Natural Gas individual, continuous bleed, natural sources at oil and natural gas Production source category regulate gas-driven pneumatic controllers production facilities, we have lowered volatile organic compound (VOC) located between the wellhead and the the leak definition for valves at natural emissions from gas wells, centrifugal point at which the gas enters the gas processing plants to 500 parts per compressors, reciprocating compressors, transmission and storage segment. For million (ppm) and thus require the pneumatic controllers, storage vessels individual, continuous bleed, natural application of LDAR procedures at this and leaking components at onshore gas-driven pneumatic controllers level. In this final rule, we also have natural gas processing plants, as well as located at natural gas processing plants, established MACT standards for ‘‘small’’ sulfur dioxide (SO2) emissions from the rule sets a natural gas bleed limit of glycol dehydration units, which were onshore natural gas processing plants. zero scfh. See section IX.C of this unregulated under the initial NESHAP. This rule sets cost-effective performance preamble for further discussion. Covered glycol dehydrators are those standards for: Certain compressors. The rule with an actual annual average natural Gas wells. The rule covers any gas requires a 95.0 percent reduction of gas flow rate less than 85,000 standard well that is ‘‘an onshore well drilled VOC emissions from wet seal centrifugal cubic meters per day (scmd) or actual principally for production of natural compressors located between the average benzene emissions less than 1 gas.’’ Oil wells (wells drilled principally wellhead and the point at which the gas ton per year (tpy), and they must meet for the production of crude oil) are not enters the transmission and storage unit-specific limits for benzene, subject to this rule. For fractured and segment. The rule also requires ethylbenzene, toluene and xylene refractured gas wells, the rule generally measures intended to reduce VOC (BTEX). requires owners/operators to use emissions from reciprocating In the final rule for major sources at reduced emissions completions, also compressors located between the natural gas transmission and storage known as ‘‘RECs’’ or ‘‘green wellhead and the point where natural facilities, we have established MACT completions,’’ to reduce VOC emissions gas enters the natural gas transmission standards for ‘‘small’’ glycol from well completions. To achieve these and storage segment. Owners and/or dehydrators also not regulated under the VOC reductions, owners and/or operators of these compressors must initial NESHAP. Covered glycol operators may use RECs or completion replace the rod packing based on dehydrators are those with an actual combustion devices, such as flaring, specified usage or time. See section IX.D annual average natural gas flow rate less until January 1, 2015; as of January 1, of this preamble for further discussion. than 283,000 scmd or actual average 2015, owners and/or operators must use For onshore natural gas processing benzene emissions less than 0.90 Mg/yr, RECs and a completion combustion plants, this final action revises the and they must meet unit-specific BTEX device. The rule does not require RECs existing NSPS requirements for leak emission limits. v. See sections VII and where their use is not feasible, as detection and repair (LDAR) to reflect X of this preamble for further discussion specified in the rule. See sections IX.A the procedures and leak thresholds of both standards. and IX.B of this preamble for further established in the NSPS for Equipment discussion. Leaks of VOCs in the Synthetic Organic 3. Costs and Benefits Storage vessels. Individual storage Chemicals Manufacturing Industry. This Table 1 summarizes the costs and vessels in the oil and natural gas final action also revises the existing benefits of this action. See section XI of production segment and the natural gas NSPS requirements for SO2 emission this preamble for further discussion.

TABLE 1—SUMMARY OF THE MONETIZED BENEFITS, SOCIAL COSTS AND NET BENEFITS FOR THE FINAL OIL AND NATURAL GAS NSPS AND NESHAP AMENDMENTS IN 2015 [Millions of 2008$] 1

Final NSPS and NESHAP Final NSPS Final NESHAP amendments amendments combined

Total Monetized Benefits 2 ...... N/A ...... N/A ...... N/A. Total Costs 3 ...... ¥$15 million ...... $3.5 million ...... ¥$11 million. Net Benefits ...... N/A ...... N/A ...... N/A. Non-monetized Benefits 4 ...... 11,000 tons of HAP ...... 670 tons of HAP ...... 12,000 tons of HAP. 190,000 tons of VOC ...... 1,200 tons of VOC ...... 190,000 tons of VOC. 1.0 million tons of methane ...... 420 tons of methane ...... 1.0 million tons of methane.

Health effects of HAP exposure. Health effects of PM2.5 and ozone exposure. Visibility impairment. Vegetation effects. Climate effects. 1 All estimates are for the implementation year (2015).

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2 While we expect that these avoided emissions will result in improvements in air quality and reductions in health effects associated with HAP, ozone and particulate matter (PM), as well as climate effects associated with methane, we have determined that quantification of those benefits and co-benefits cannot be accomplished for this rule in a defensible way. This is not to imply that there are no benefits or co-benefits of the rules; rather, it is a reflection of the difficulties in modeling the direct and indirect impacts of the reductions in emissions for this industrial sector with the data currently available. 3 The engineering compliance costs are annualized using a 7-percent discount rate. The negative cost for the final NSPS reflects the inclusion of revenues from additional natural gas and hydrocarbon condensate recovery that are estimated as a result of the NSPS. Possible explanations for why there appear to be negative cost control technologies are discussed in the engineering costs analysis section in the Regulatory Impact Analysis (RIA). 4 For the NSPS, reduced exposure to HAP and climate effects are co-benefits. For the NESHAP, reduced VOC emissions, PM2.5 and ozone exposure, visibility and vegetation effects and climate effects are co-benefits. The specific control technologies for the final NSPS are anticipated to have minor secondary disbenefits, including an increase of 1.1 million tons of carbon dioxide (CO2), 550 tons of nitrogen oxides (NOX), 19 tons of PM, 3,000 tons of carbon monoxide (CO) and 1,100 tons of total hydrocarbons (THC), as well as emission reductions associated with the energy system impacts. The specific control technologies for the NESHAP are anticipated to have minor secondary disbenefits, but the EPA was unable to estimate the secondary disbenefits. The net CO2-equivalent emission reductions are 18 million metric tons.

B. Does this action apply to me? by the final standards are shown in The regulated categories and entities Table 2 of this preamble. potentially affected

TABLE 2—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS ACTION

Category NAICS code 1 Examples of regulated entities

Industry ...... 211111 Crude Petroleum and Natural Gas Extraction. 211112 Natural Gas Liquid Extraction. 221210 Natural Gas Distribution. 486110 Pipeline Distribution of Crude Oil. 486210 Pipeline Transportation of Natural Gas. Federal government ...... Not affected. State/local/tribal government ...... Not affected. 1 North American Industry Classification System.

This table is not intended to be gas-driven pneumatic controllers with a D. Where can I get a copy of this exhaustive, but rather is meant to natural gas bleed rate greater than 6 scfh document? provide a guide for readers regarding and which commenced construction In addition to being available in the entities likely to be affected by this after August 23, 2011, in the oil and docket, an electronic copy of this action action. If you have any questions natural gas production segment (except will also be available on the World regarding the applicability of this action for gas processing plants) and Wide Web (WWW). Following signature to a particular entity, consult either the continuous bleed natural gas-driven by the Administrator, a copy of the air permitting authority for the entity or pneumatic controllers which action will be posted on the EPA’s Web your EPA regional representative as commenced construction after August site at the following address: http:// listed in 40 CFR 60.4 or 40 CFR 63.13 23, 2011, at natural gas processing www.epa.gov/airquality/oilandgas. (General Provisions). plants. The NSPS applies to centrifugal Additional information is available on C. What are the emission sources compressors with wet seals and the EPA’s RTR Web site at http://www. affected by this action? reciprocating compressors located in the epa.gov/ttn/vatw/rrisk/oarpg.html. This natural gas production and processing information includes the most recent 1. What are the emission sources version of the rule, source category affected by the NSPS? segments. The NSPS also applies to equipment leaks from onshore natural descriptions, detailed emissions and The emission sources affected by the other data were used as inputs to the gas processing plants and to storage NSPS include well completions, risk assessments. vessels located in the oil and natural gas pneumatic controllers, equipment leaks E. Judicial Review from natural gas processing plants, production segment, the natural gas sweetening units at natural gas processing segment and the natural gas Under CAA section 307(b)(1), judicial processing plants, reciprocating transmission and storage segment. The review of this final rule is available only compressors, centrifugal compressors NSPS also affects sweetening units by filing a petition for review in the and storage vessels which are located onshore that process natural gas United States Court of Appeals for the constructed, modified or reconstructed from onshore or offshore wells. District of Columbia Circuit by October 15, 2012. Under CAA section after August 23, 2011. Well completions 2. What are the emission sources subject to the NSPS are limited to the 307(d)(7)(B), only an objection to this affected by the NESHAP? flowback period following hydraulic final rule that was raised with fracturing operations at a gas well The emission sources that are affected reasonable specificity during the period affected facility. These completions by the Oil and Natural Gas Production for public comment (including any include those conducted at newly NESHAP (40 CFR part 63, subpart HH) public hearing) can be raised during drilled and fractured wells, as well as or the Natural Gas Transmission and judicial review. This section also provides a mechanism for the EPA to completions conducted following Storage NESHAP (40 CFR part 63, refracturing operations that may occur convene a proceeding for subpart HHH) include glycol at various times over the life of the well. reconsideration ‘‘[i]f the person raising dehydrators and equipment leaks. Pneumatic controllers affected by the an objection can demonstrate to the NSPS include continuous bleed, natural Administrator that it was impracticable

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to raise such objection within [the emission limits for pollutants or MACT standards are set to reflect period for public comment] or if the emission sources not currently regulated application of measures, processes, grounds for such objection arose after for that source category. methods, systems or techniques, the period for public comment (but In setting or revising a performance including, but not limited to, measures within the time specified for judicial standard, CAA section 111(a)(1) which, (1) reduce the volume of or review) and if such objection is of provides that performance standards are eliminate pollutants through process central relevance to the outcome of the to ‘‘reflect the degree of emission changes, substitution of materials or rule[.]’’ Any person seeking to make limitation achievable through the other modifications, (2) enclose systems such a demonstration to us should application of the BSER which (taking or processes to eliminate emissions, (3) submit a Petition for Reconsideration to into account the cost of achieving such capture or treat pollutants when the Office of the Administrator, reduction and any nonair quality health released from a process, stack, storage or Environmental Protection Agency, and environmental impact and energy fugitive emissions point, (4) are design, Room 3000, Ariel Rios Building, 1200 requirements) the Administrator equipment, work practice or operational Pennsylvania Ave. NW., Washington, determines has been adequately standards (including requirements for DC 20004, with a copy to the person demonstrated.’’ In this notice, we refer operator training or certification) or (5) listed in the preceding FOR FURTHER to this level of control as the BSER. In are a combination of the above. CAA INFORMATION CONTACT section, and the determining BSER, we typically conduct sections 112(d)(2)(A)–(E). A MACT Associate General Counsel for the Air a technology review that identifies what standard may take the form of a design, and Radiation Law Office, Office of emission reduction systems exist and equipment, work practice or operational General Counsel (Mail Code 2344A), how much they reduce air pollution, in standard where the EPA first determines Environmental Protection Agency, 1200 practice. Next, for each control system either that, (1) a pollutant cannot be Pennsylvania Ave. NW., Washington, identified, we evaluate its costs, emitted through a conveyance designed DC 20004. Note, under CAA section secondary air benefits (or disbenefits) and constructed to emit or capture the 307(b)(2), the requirements established resulting from energy requirements and pollutant or that any requirement for or by this final rule may not be challenged nonair quality impacts such as solid use of such a conveyance would be separately in any civil or criminal waste generation. Based on our inconsistent with law or (2) the proceedings brought by the EPA to evaluation, we would determine BSER. application of measurement enforce these requirements. The resultant standard is usually a methodology to a particular class of sources is not practicable due to III. Background Information on the numerical emissions limit, expressed as technological and economic limitations. NSPS and NESHAP a performance level (i.e., a rate-based CAA sections 112(h)(1),(2). standard or percent control), that A. What are the statutory authorities for The MACT ‘‘floor’’ is the minimum reflects the BSER. Although such the NSPS and NESHAP? control level allowed for MACT standards are based on the BSER, the standards promulgated under CAA 1. What is the statutory authority for the EPA may not prescribe a particular section 112(d)(3) and may not be based NSPS? technology that must be used to comply on cost considerations. For new sources, Section 111 of the CAA requires the with a performance standard, except in the MACT floor cannot be less stringent EPA Administrator to list categories of instances where the Administrator than the emission control that is stationary sources, if such sources cause determines it is not feasible to prescribe achieved in practice by the best- or contribute significantly to air or enforce a standard of performance. controlled similar source. The MACT pollution, which may reasonably be Typically, sources remain free to select floors for existing sources can be less anticipated to endanger public health or any control measures that will meet the stringent than floors for new sources, welfare. The EPA must then issue emission limits. Upon promulgation, an but cannot be less stringent than the performance standards for such source NSPS becomes a national standard to average emission limitation achieved by categories. Whereas CAA section 112 which all new sources must comply. the best-performing 12 percent of standards are issued for new and 2. What is the statutory authority for the existing sources in the category or existing stationary sources, standards of NESHAP? subcategory (or the best-performing five performance are issued for new and sources for categories or subcategories modified stationary sources. These Section 112 of the CAA establishes a with fewer than 30 sources). In standards are referred to as NSPS. The two-stage regulatory process to address developing MACT standards, we must EPA has the authority to define the emissions of HAP from stationary also consider control options that are source categories, determine the sources. In the first stage, after the EPA more stringent than the floor. We may pollutants for which standards should has identified categories of sources establish standards more stringent than be developed, identify the facilities emitting one or more of the HAP listed the floor based on the consideration of within each source category to be in section 112(b) of the CAA, section the cost of achieving the emissions covered and set the emission level of the 112(d) of the CAA calls for us to reductions, any nonair quality health standards. promulgate NESHAP for those sources. and environmental impacts and energy CAA section 111(b)(1)(B) requires the ‘‘Major sources’’ are those that emit or requirements. EPA to ‘‘at least every 8 years review have the potential to emit (PTE) 10 tpy The EPA is then required to review and, if appropriate, revise’’ performance or more of a single HAP or 25 tpy or these technology-based standards and to standards. However, the Administrator more of any combination of HAP. For revise them ‘‘as necessary (taking into need not review any such standard if major sources, the technology-based account developments in practices, the ‘‘Administrator determines that such emission standards must reflect the processes, and control technologies)’’ no review is not appropriate in light of maximum degree of emission reductions less frequently than every 8 years, under readily available information on the of HAP achievable (after considering CAA section 112(d)(6). In conducting efficacy’’ of the standard. When cost, energy requirements and nonair this review, the EPA is not obliged to conducting a review of an existing quality health and environmental completely recalculate the prior MACT performance standard, the EPA has impacts) and are commonly referred to determination. NRDC v. EPA, 529 F.3d authority to revise that standard to add as MACT standards. 1077, 1084 (D.C. Cir. 2008).

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The second stage in standard-setting standards during the residual risk other health risk information in judging focuses on reducing any remaining rulemaking.’’). As mentioned, the EPA acceptability.’’ As explained more fully ‘‘residual’’ risk according to CAA must also adopt more stringent in our Residual Risk Report to Congress, section 112(f). This provision requires, standards, if necessary, to prevent an the EPA does not define ‘‘rigid line[s] of first, that the EPA prepare a Report to adverse environmental effect,1 but must acceptability,’’ but considers rather Congress discussing (among other consider cost, energy, safety and other broad objectives to be weighed with a things) methods of calculating risk relevant factors in doing so. series of other health measures and posed (or potentially posed) by sources The terms ‘‘individual most exposed,’’ factors (EPA–453/R–99–001, p. ES–11). after implementation of the MACT ‘‘acceptable level,’’ and ‘‘ample margin The determination of what represents an standards, the public health significance of safety’’ are not specifically defined in ‘‘acceptable’’ risk is based on a of those risks and the EPA’s the CAA. However, CAA section judgment of ‘‘what risks are acceptable recommendations as to legislation 112(f)(2)(B) preserves the interpretation in the world in which we live’’ regarding such remaining risk. The EPA set out in the Benzene NESHAP, and the (Residual Risk Report to Congress, p. prepared and submitted this report United States Court of Appeals for the 178, quoting the Vinyl Chloride (Residual Risk Report to Congress, EPA– District of Columbia Circuit has decision at 824 F.2d 1165) recognizing 453/R–99–001) in March 1999. Congress concluded that the EPA’s interpretation that our world is not risk-free. did not act in response to the report, of CAA section 112(f)(2) is a reasonable In the Benzene NESHAP, we stated thereby triggering the EPA’s obligation one. See NRDC v. EPA, 529 F.3d at 1083 that ‘‘EPA will generally presume that if under CAA section 112(f)(2) to analyze (‘‘[S]ubsection 112(f)(2)(B) expressly the risk to [the maximum exposed] and address residual risk. incorporates the EPA’s interpretation of individual is no higher than CAA section 112(f)(2) requires us to the Clean Air Act from the Benzene approximately 1-in-10 thousand, that determine for source categories subject standard, complete with a citation to the risk level is considered acceptable.’’ 54 to MACT standards, whether the Federal Register’’). See, also, A FR 38045. We discussed the maximum emissions standards provide an ample Legislative History of the Clean Air Act individual lifetime cancer risk (or margin of safety to protect public health. Amendments of 1990, volume 1, p. 877 maximum individual risk (MIR)) as CAA section 112(f)(2) expressly (Senate debate on Conference Report). being ‘‘the estimated risk that a person preserves our use of a two-step process We notified Congress in the Residual living near a plant would have if he or for developing standards to address any Risk Report to Congress that we she were exposed to the maximum residual risk and our interpretation of intended to use the Benzene NESHAP pollutant concentrations for 70 years.’’ ‘‘ample margin of safety’’ developed in approach in making CAA section 112(f) Id. We explained that this measure of the National Emission Standards for residual risk determinations (EPA–453/ risk ‘‘is an estimate of the upper bound Hazardous Air Pollutants: Benzene R–99–001, p. ES–11). of risk based on conservative Emissions from Maleic Anhydride In the Benzene NESHAP, we stated as an assumptions, such as continuous Plants, Ethylbenzene/Styrene Plants, overall objective: exposure for 24 hours per day for 70 Benzene Storage Vessels, Benzene * * * in protecting public health with an years.’’ Id. We acknowledge that Equipment Leaks, and Coke By-Product ample margin of safety, we strive to provide maximum individual lifetime cancer Recovery Plants (Benzene NESHAP) (54 maximum feasible protection against risks to risk ‘‘does not necessarily reflect the FR 38044, September 14, 1989). The health from hazardous air pollutants by, (1) true risk, but displays a conservative first step in this process is the protecting the greatest number of persons risk level which is an upper-bound that determination of acceptable risk. The possible to an individual lifetime risk level is unlikely to be exceeded.’’ Id. no higher than approximately 1-in-1 million; second step provides for an ample and (2) limiting to no higher than Understanding that there are both margin of safety to protect public health, approximately 1-in-10 thousand [i.e., 100-in- benefits and limitations to using which is the level at which the 1 million] the estimated risk that a person maximum individual lifetime cancer standards must be set (unless a more living near a facility would have if he or she risk as a metric for determining stringent standard is required to prevent were exposed to the maximum pollutant acceptability, we acknowledged in the an adverse environmental effect, taking concentrations for 70 years. 1989 Benzene NESHAP that into consideration costs, energy, safety The agency also stated in the Residual ‘‘consideration of maximum individual and other relevant factors). Risk Report to Congress that ‘‘The EPA risk * * * must take into account the If the MACT standards for HAP that also considers incidence (the number of strengths and weaknesses of this are ‘‘classified as a known, probable, or persons estimated to suffer cancer or measure of risk.’’ Id. Consequently, the possible human carcinogen do not other serious health effects as a result of presumptive risk level of 100-in-1 reduce lifetime excess cancer risks to exposure to a pollutant) to be an million (1-in-10 thousand) provides a the individual most exposed to important measure of the health risk to benchmark for judging the acceptability emissions from a source in the category the exposed population. Incidence of maximum individual lifetime cancer or subcategory to less than 1-in-1 measures the extent of health risk to the risk, but does not constitute a rigid line million,’’ the EPA must promulgate exposed population as a whole, by for making that determination. residual risk standards for the source providing an estimate of the occurrence The agency also explained in the 1989 category (or subcategory), as necessary, of cancer or other serious health effects Benzene NESHAP the following: ‘‘In to provide an ample margin of safety to in the exposed population.’’ The agency establishing a presumption for MIR, protect public health. In doing so, the went on to conclude that ‘‘estimated rather than a rigid line for acceptability, EPA may adopt standards equal to incidence would be weighed along with the Agency intends to weigh it with a existing MACT standards if the EPA series of other health measures and determines that the existing standards 1 ‘‘Adverse environmental effect’’ is defined in factors. These include the overall are sufficiently protective. NRDC v. CAA section 112(a)(7) as any significant and incidence of cancer or other serious EPA, 529 F.3d 1077, 1083 (D.C. Cir. widespread adverse effect, which may be health effects within the exposed 2008) (‘‘If EPA determines that the reasonably anticipated to wildlife, aquatic life or population, the numbers of persons natural resources, including adverse impacts on existing technology-based standards populations of endangered or threatened species or exposed within each individual lifetime provide an ‘ample margin of safety,’ significant degradation of environmental qualities risk range and associated incidence then the Agency is free to readopt those over broad areas. within, typically, a 50-kilometer (km)

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exposure radius around facilities, the to change the date for final action to no promotes a comprehensive control science policy assumptions and later than April 17, 2012. strategy that maximizes the co-control of estimation uncertainties associated with multiple regulated pollutants while C. What is the sector-based approach? the risk measures, weight of the obtaining emission reductions as co- scientific evidence for human health Sector-based approaches are based on benefits. integrated assessments of industrial effects, other quantified or unquantified D. What are the health effects of operations that consider multiple health effects, effects due to co-location pollutants emitted from the oil and pollutants in a comprehensive and of facilities and co-emission of natural gas sector? pollutants.’’ Id. coordinated manner to manage emissions and CAA requirements. One The final oil and natural gas sector In some cases, these health measures of the many ways we can address sector- NSPS and NESHAP amendments are and factors taken together may provide based approaches is by reviewing expected to result in significant a more realistic description of the multiple regulatory programs together reductions in existing emissions and magnitude of risk in the exposed whenever possible, for example the prevent new emissions from expansions population than that provided by NSPS and NESHAP, consistent with all of this industry. These emissions maximum individual lifetime cancer applicable legal requirements. This include HAP, VOC (a precursor to both risk alone. As explained in the Benzene approach essentially expands the PM2.5 and ozone formation) and NESHAP, ‘‘[e]ven though the risks technical analyses on costs and benefits methane (a GHG and a precursor to judged ‘acceptable’ by the EPA in the of particular technologies, to consider global ozone formation). These first step of the Vinyl Chloride inquiry the interactions of rules that regulate emissions are associated with are already low, the second step of the sources. The benefit of multi-pollutant substantial health effects, welfare effects inquiry, determining an ‘ample margin and sector-based analyses and and climate effects. One HAP of of safety,’ again includes consideration approaches includes the ability to particular concern from the oil and of all of the health factors, and whether identify optimum strategies, considering natural gas sector is benzene, which is to reduce the risks even further.’’ In the feasibility, cost impacts and benefits a known human carcinogen. PM2.5 is ample margin of safety decision process, across the different pollutant types associated with health effects, including the agency again considers all of the while streamlining administrative and premature mortality for adults and health risks and other health compliance complexities and reducing infants, cardiovascular morbidity, such information considered in the first step. conflicting and redundant requirements, as heart attacks, hospital admissions Beyond that information, additional resulting in added certainty and easier and respiratory morbidity such as factors relating to the appropriate level implementation of control strategies for asthma attacks, acute and chronic are considered, including costs and the sector under consideration. In order bronchitis, hospital and emergency economic impacts of controls, to benefit from a sector-based approach room visits, work loss days, restricted technological feasibility, uncertainties for the oil and gas industry, the EPA activity days and respiratory symptoms, and any other relevant factors. analyzed how the NSPS and NESHAP as well as visibility impairment. Ozone Considering all of these factors, the under consideration relate to each other is associated with health effects, agency will establish the standard at a and other regulatory requirements including hospital and emergency level that provides an ample margin of currently under review for oil and gas department visits, school loss days and safety to protect the public health, as facilities. In this analysis, we looked at premature mortality, as well as injury to required by CAA section 112(f). See 54 how the different control requirements vegetation and climate effects. FR 38046. that result from these requirements IV. Summary of the Final NSPS Rule B. What is the litigation history? interact, including the different regulatory deadlines and control A. What are the final actions relative to On January 14, 2009, pursuant to equipment requirements that result, the the NSPS for the Crude Oil and Natural section 304(a)(2) of the CAA, WildEarth different reporting and recordkeeping Gas Production source category? Guardians and the San Juan Citizens requirements and opportunities for We are revising the existing NSPS, Alliance filed a complaint in the United states to account for reductions resulting which regulate VOC emissions from States District Court for the District of from this rulemaking in their State equipment leaks and SO2 emissions Columbia and alleged that the EPA Implementation Plans (SIP). The from sweetening units at onshore gas failed to meet its obligations under CAA requirements analyzed affect criteria processing plants. In addition, we are sections 111(b)(1)(B), 112(d)(6) and pollutants, HAP and methane emissions promulgating standards for several new 112(f)(2) to take actions relative to the from oil and natural gas processes and oil and natural gas affected facilities. review/revision of the NSPS and the cover the NSPS and NESHAP reviews. The final standards apply to affected NESHAP with respect to the Oil and As a result of the sector-based facilities that commence construction, Natural Gas Production source category. approach, this rulemaking will reduce reconstruction or modification after On February 5, 2010, the Court entered conflicting and redundant requirements. August 23, 2011, the date of the a consent decree that, as successively Also, the sector-based approach proposed rule. modified, required the EPA to sign by streamlines the monitoring, The listed Crude Oil and Natural Gas July 28, 2011,2 proposed standards and/ recordkeeping and reporting Production source category covers, at a or determinations not to issue standards requirements, thus, reducing minimum, those operations for which pursuant to CAA sections 111(b)(1)(B), administrative and compliance we are establishing standards in this 112(d)(6) and 112(f)(2) and to take final complexities associated with complying final rule. Table 3 summarizes the 40 action by April 3, 2012. On April 2, with multiple regulations. In addition, CFR part 60, subpart OOOO standards. 2012, the consent decree was modified the sector-based approach in this rule Further discussion of these changes may

2 On April 27, 2011, pursuant to paragraph 10(a) the final action date from November 30, 2011, to the final action date from February 28, 2012, to of the Consent Decree, the parties filed with the February 28, 2012. On October 28, 2011, pursuant April 3, 2012. Court a written stipulation to extend the proposal to paragraph 10(a) of the Consent Decree, the parties date from January 31, 2011, to July 28, 2011, and filed with the Court a written stipulation to extend

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be found below in this section and in sections V and IX of this preamble.

TABLE 3—SUMMARY OF 40 CFR PART 60, SUBPART OOOO EMISSION STANDARDS

Affected facility Pollutant Standard Compliance dates

Hydraulically fractured wildcat and delineation VOC ...... Route flowback emissions to completion combus- October 15, 2012. wells. tion device. Hydraulically fractured low pressure wells, non- VOC ...... Route flowback emissions to completion combus- October 15, 2012. wildcat and non-delineation wells. tion device. All other hydraulically fractured gas wells ...... VOC ...... Route flowback emissions to completion combus- Prior to January 1, 2015. tion device. All other hydraulically fractured gas wells ...... VOC ...... Use REC and route flowback emissions to com- On or after January 1, pletion combustion device. 2015. Centrifugal compressors with wet seals ...... VOC ...... Reduce emissions by 95 percent ...... October 15, 2012. Reciprocating compressors ...... VOC ...... Change rod packing after 26,000 hours or after October 15, 2012. 36 months. Continuous bleed natural gas-driven pneumatic VOC ...... Natural gas bleed rate of zero ...... October 15, 2012. controllers at natural gas processing plants. Continuous bleed natural gas-driven pneumatic VOC ...... Natural gas bleed rate less than 6 scfh ...... October 15, 2013. controllers with a bleed rate greater than 6 scfh between wellhead and natural gas processing plant or oil pipeline. Storage vessels with VOC emissions equal to or VOC ...... Reduce emissions by 95 percent ...... October 15, 2013. greater than 6 tpy. Equipment leaks at onshore natural gas proc- VOC ...... LDAR program ...... October 15, 2012. essing plants. Sweetening units at onshore natural gas proc- SO2 ...... Reduce SO2 emissions based on sulfur feed rate October 15, 2012. essing plants. and sulfur content of acid gas.

1. Standards for Gas Well Affected pressure gas wells) and for well trigger applicability beyond the Facilities completion operations begun prior to wellhead to other ancillary components January 1, 2015, at subcategory (3) gas that may be at the well site such as We are finalizing operational wells, the final rule requires the control existing storage vessels, process vessels, standards for completions of of emissions using either REC with separators, dehydrators or any other hydraulically fractured and refractured combustion or just a completion components or apparatus (that is, such gas wells. For purposes of this rule, well combustion device. Owners and equipment is not part of the affected completion is defined as the flowback operators are encouraged to use REC facility). period beginning after hydraulic with combustion during this period. The final rule provides that fracturing and ending with either well Well completions subject to the uncontrolled well completions shut in or when the well continuously standards are gas well completions conducted on gas wells that are flows to the flow line or to a storage following hydraulic fracturing and subsequently refractured on or after the vessel for collection, whichever occurs refracturing operations. These first. The final rule applies to three completions include those conducted at effective date of this rule are subcategories of fractured and newly drilled and fractured wells, as modifications and are subject to the refractured gas wells for which well well as completions conducted NSPS. However, gas wells that undergo completion operations are conducted: following refracturing operations at completion following refracturing are (1) Wildcat (exploratory) and various times over the life of the well. not considered modified and, as a delineation gas wells; (2) non-wildcat As we explained in the proposal result, are not affected facilities under and non-delineation gas wells for which preamble, a completion operation the NSPS if the completion operation is the reservoir pressure is insufficient for associated with refracturing performed conducted with the use, immediately a REC, commonly referred to as a ‘‘green at a well is considered a modification upon flowback, of emission control completion,’’ to be performed, as under CAA section 111(a), because techniques otherwise required on or determined by a simple calculation physical change occurs to the well after January 1, 2015, for new wells and involving reservoir pressure, well depth resulting in emissions increases during satisfies other requirements, including and flow line pressure at the sales meter the refracturing and completion notification, recordkeeping and (we refer to these wells as ‘‘low pressure operation. In response to comment, we reporting requirements. gas wells’’) and (3) other fractured and further clarify this point in the final In the final rule, we provide for a refractured gas wells. For subcategory rule, including providing a specific streamlined notification process for well (3) wells, each well completion modification provision for well completions at gas well affected operation begun on or after January 1, completions in lieu of the General facilities consisting of an email pre- 2015, must employ REC in combination Provisions in 40 CFR 60.14. For a more notification no later than 2 days in with use of a completion combustion detailed explanation, please see section advance of impending completion device to control gas not suitable for IX.A of this preamble. The modification operations. The email must include entering the flow line (we refer to this determination and resulting information that had been part of the 30- as REC with combustion). For well applicability of NSPS to the completion day advance notification, as described completion operations at subcategory (1) operation following refracturing of gas in the proposed rule, including contact wells (exploratory and delineation gas wells is limited strictly to the gas well information for the owner and operator, wells), subcategory (2) wells (low affected facility and does not by itself well identification, geographic

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coordinates of the well and planned beginning on the date of initial startup which applies to individual storage date of the beginning of flowback. of the reciprocating compressor affected vessels, requires that storage vessels In the final rule, the recordkeeping facility, or on the date of the previous with VOC emissions equal to or greater and reporting requirements for well rod packing replacement, whichever is than 6 tpy achieve at least 95.0 percent completions also provide for a later. reduction in VOC emissions. For storage streamlining option that owners and vessels constructed, modified or operators may choose in lieu of the 3. Standards for Pneumatic Controller Affected Facilities reconstructed at well sites with no wells standard annual reporting requirements. already in production at the time of The standard annual report must We are also finalizing pneumatic construction, modification or include copies of all well completion controller VOC standards. The affected reconstruction, the final rule provides a records for each gas well affected facility is a continuous bleed, natural 30-day period from startup for the facility for which a completion gas-driven pneumatic controller with a owner or operator to determine whether operation was performed during the natural gas bleed rate greater than 6 scfh the magnitude of VOC emissions from reporting period. The alternative, for which construction commenced after the storage vessel will be at least 6 tpy. streamlined annual report for gas well August 23, 2011, located (1) in the oil If the storage vessel requires control, the affected facilities requires submission of production segment between the final rule provides an additional 30 days a list, with identifying information of all wellhead and the point of custody for the control device to be installed and affected gas wells completed, electronic transfer to an oil pipeline; or (2) in the operational. For storage vessels or hard copy photographs documenting natural gas production segment, constructed, modified or reconstructed REC in progress for each well for which excluding natural gas processing plants, at well sites with one or more wells REC was required and the self- between the wellhead and the point at already in production at the time of certification required in the standard which the gas enters the transmission construction, modification or annual report. The operator retains a and storage segment. Except for reconstruction, these estimation and digital image of each REC in progress. controllers located at natural gas installation periods are not provided The image must include a digital date processing plants, each continuous because an estimate of VOC emissions stamp and geographic coordinates bleed, natural gas-driven pneumatic can be made using information on the stamp to help link the photograph with controller that emits more than 6 scfh is liquid production characteristics of the the specific well completion operation. an affected facility if it is constructed or existing wells. modified after August 23, 2011. 2. Standards for Compressor Affected Pneumatic controllers with a bleed rate In addition, the final rule provides for Facilities of 6 scfh or less in the oil and natural a 1-year phase-in period for storage The final rule requires measures to gas production segment and all vessel controls. Refer to section IX.E.4 of reduce VOC emissions from centrifugal pneumatic controllers located in the this preamble for further discussion. and reciprocating compressors. natural gas transmission, storage and 5. Standards for Affected Facilities Compressors located at the wellhead or distribution segments are not covered by Located at Onshore Natural Gas in the transmission, storage and this final rule and, therefore, are not Processing Plants distribution segments are not covered by affected facilities. At natural gas this final rule and, therefore, are not processing plants, the affected facility is For onshore natural gas processing affected facilities. The final rule each individual continuous bleed plants, we are revising the existing contains standards for wet seal natural gas-operated pneumatic NSPS requirements for LDAR to reflect centrifugal compressors located in the controller, and the final rule includes a the procedures and leak thresholds natural gas production segment and the natural gas bleed rate limit of zero scfh. established by 40 CFR part 60, subpart natural gas processing segment up the The final emission standards for VVa. Subpart VVa lowers the leak point at which the gas enters the pneumatic controllers at natural gas definition for valves from 10,000 ppm to transmission and storage segment. The processing plants reflect the emission 500 ppm, and requires the monitoring of final standards require 95.0 percent level achievable from the use of non- connectors. Pumps, pressure relief reduction of the emissions from each natural gas-driven pneumatic devices and open-ended valves or lines wet seal centrifugal compressor affected controllers. At other locations in the oil are also monitored. facility. The standard can be achieved and natural gas production segment, the 6. Standards for Sweetening Unit by capturing and routing the emissions final rule includes a natural gas bleed Affected Facilities at Onshore Natural to a control device that achieves an rate limit of 6 standard cubic feet of gas Gas Processing Plants emission reduction of 95.0 percent. per hour for an individual pneumatic The operational standards for controller. The standards provide The final rule regulates SO2 emissions reciprocating compressors in the final exemptions in cases where it has been from natural gas processing plants by rule require replacement of the rod demonstrated that the use of a natural requiring affected facilities to reduce packing based on usage. The owner or gas-driven pneumatic controller with a SO2 emissions by recovering sulfur. The operator of a reciprocating compressor bleed rate above the applicable standard final rule incorporates the provisions of affected facility is required to change is required. However, as discussed in 40 CFR part 60, subpart LLL into 40 CFR the rod packing immediately when section IX.C, the EPA is allowing a 1- part 60, subpart OOOO, and minor hours of operation reach 26,000 hours year phase-in period for pneumatic revisions were made to adapt the (equivalent to 36 months of continuous controllers in the final rule. subpart LLL language to subpart OOOO. usage). Alternatively, owners or The final rule also increased the SO2 operators can elect to change the rod 4. Standards for Storage Vessels emission reduction standard from the packing every 36 months in lieu of The final rule contains VOC standards subpart LLL requirement of 99.8 percent monitoring compressor operating hours. for new, modified or reconstructed to 99.9 percent for units with sulfur An owner or operator who elects to storage vessels located in the oil and production rate of at least 5 long tons meet the 26,000 hour requirement is natural gas production, natural gas per day. This change is based on required to monitor the duration (in processing and natural gas transmission reanalysis of the original data used in hours) that the compressor is operated, and storage segments. The final rule, the subpart LLL BSER analysis.

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B. What are the effective and use REC when available during this described in the proposed rule, compliance dates for the final NSPS? period. Completion operations at including contact information for the The revisions to the existing NSPS subcategory (1) gas wells (wildcat and owner and operator, well identification, standards and the new NSPS standards delineation wells) and subcategory (2) geographic coordinates of the well and promulgated in this action are effective gas wells (non-wildcat and non- planned date of the beginning of delineation low pressure gas wells) flowback. However, if the owner or on October 15, 2012. Affected facilities begun on or after October 15, 2012 are operator is subject to state regulations must be in compliance with the final required to control flowback emissions that require advance notification of well standards on the effective date, October by using REC with combustion or by completions and has met those advance 15, 2012. routing emissions to a completion notification requirements, then the V. Summary of the Significant Changes combustion device alone unless it is owner or operator is considered to have to the NSPS Since Proposal technically infeasible or unsafe to do so. met the advance notification The final rule includes a specific The previous section summarized the requirements for gas well completions modification provision for well requirements that the EPA is finalizing under the NSPS. completions in lieu of the General In the final rule, the recordkeeping in this rule. This section will discuss in Provisions in 40 CFR 60.14. For a more and reporting requirements for well greater detail the key changes the EPA detailed explanation, please see section completions also provide for a has made since proposal. These changes IX.A of this preamble. In addition, we streamlining option that owners and result from the EPA’s review of the have revised the definition of ‘‘flowback operators may choose in lieu of the additional data and information period’’ to more clearly define when the standard annual reporting requirements. provided to us and our consideration of flowback period begins and ends. The standard annual report must the many substantive and thoughtful In the proposed rule, all completions include copies of all well completion comments submitted on the proposal. at existing wells (i.e., those originally records for each gas well affected We believe the changes make the final constructed on or before August 23, facility for which a completion rule more flexible and cost-effective, 2011) that are subsequently fractured or operation was performed during the address concerns with equipment refractured were considered to be reporting period. The alternative, availability, streamline recordkeeping modifications. In the final rule, streamlined annual report for gas well and reporting requirements and improve completions of wells that are refractured affected facilities requires submission of clarity, while fully preserving or on or after the rule’s effective date are a list, with identifying information of all improving the public health and not considered modified and, as a affected gas wells completed, electronic environmental protection required by result, are not affected facilities under or hard copy photographs documenting the CAA. the NSPS, if the completion operation is REC in progress for each well for which A. Gas Well Affected Facilities conducted with the use, immediately REC was required and the self- upon flowback, of emission control certification required in the standard We have revised the requirements for techniques required on or after January annual report. The operator retains a gas well affected facilities since 1, 2015, for new wells and satisfies digital image of each REC in progress. proposal in response to comment. The other requirements, including The image must include a digital date final rule applies to three subcategories notification, recordkeeping and stamp and geographic coordinates of fractured and refractured gas wells for reporting requirements. stamp to help link the photograph with which well completion operations are In the proposed rule, we prescribed the specific well completion operation. conducted: (1) Wildcat (exploratory) specific equipment to accomplish an Refer to section IX.B of this preamble and delineation gas wells; (2) non- REC. In the final rule, we have removed and the Responses to Comments wildcat and non-delineation gas wells the required equipment specifications document, available in the docket, for for which the reservoir pressure is for REC and added operational detailed discussion regarding these insufficient for a REC to be performed, standards that will result in minimizing changes. as determined by a simple calculation emissions and maximizing product involving reservoir pressure, well depth recovery. In light of the comments B. Centrifugal and Reciprocating and flow line pressure at the sales meter received, we conclude that it is Compressor Affected Facilities (we refer to these wells as ‘‘low pressure inappropriate and unnecessary to In the final rule, we have made gas wells’’); and (3) other fractured and prohibit the use of other equipment that changes that impact both reciprocating refractured gas wells. In the proposed 40 can be used to accomplish an REC and and centrifugal compressor affected CFR part 60, subpart OOOO, upon that the operational standards can be facilities in response to comments promulgation of this rule, each well achieved using a variety of equipment requesting clarification. Because we are completion or recompletion at a non- that can change from well to well. not finalizing standards covering them, exploratory or non-delineation well Initial compliance requirements for centrifugal and reciprocating would have had to employ REC with gas well affected facilities have also compressors located in the combustion. Because of uncertainties in been revised and streamlined. Owners transmission, storage and distribution the supply of equipment and labor over and operators are now required to notify segments are not affected facilities. the near-term, we are now requiring this the Administrator of the actual date of In the proposed rule, all centrifugal work practice standard for completion each well completion operation by compressors would be required to use operations begun at subcategory (3) gas email no later than 2 days prior to the dry seals. We had also solicited wells (non-exploratory and non- well completion operation, rather than comment on the use of wet seals with delineation wells) on or after January 1, the proposed requirement of notifying controls as an acceptable alternative to 2015. Until this date, flowback the Administrator of the date of the well dry seals due to potential technical emissions must either be controlled completion operation within 30 days of infeasibility of using dry seals for using REC or routed to a completion the commencement of each well certain applications. Based on combustion device unless it is completion operation. The email must comments received, the final rule technically infeasible or unsafe to do so. include information that had been part requires that centrifugal compressors Owners and operators are encouraged to of the 30-day advance notification, as with wet seals reduce emissions by 95.0

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percent. The standard can be achieved All new pneumatic controller affected measuring throughput, we have revised by capturing and routing emissions from facilities are required, in the final rule, the final rule such that storage vessels the wet seal fluid degassing system to a to be tagged with the month and year of that emit 6 tpy of VOC or more are control device that reduces VOC installation and identification that subject to the NSPS, based on our emissions by 95.0 percent. Testing, allows traceability to the records for that analysis in the proposed rule showing monitoring, recordkeeping, reporting controller. that the proposed NSPS is cost-effective and notification requirements associated In the proposed rule, each pneumatic for storage vessels with that level of with the control devices have also been controller affected facility would have VOC emissions. In the final rule, for added. In contrast to the proposed rule, to comply upon promulgation. The final storage vessels constructed, modified or in the final rule, centrifugal compressors rule allows a 1-year phase-in beginning reconstructed at well sites with no wells with dry seals are not affected facilities. October 15, 2012 before the bleed rate already in production at the time of More detailed discussion of this change limit is effective for an affected facility. construction, the final rule provides a is presented in section IX.D of this We believe this is necessary for at least 30-day period for the owner or operator preamble. two reasons. First, owners and operators to determine whether the magnitude of As proposed, owners or operators of would demonstrate compliance based VOC emissions from the storage vessel reciprocating compressor affected on information in the manufacturers’ will be at least 6 tpy. If the storage facilities were required to change rod specification. We have concluded that vessel requires control, the final rule packing after 26,000 hours of operation. such information is not always included provides an additional 30 days for the This is equivalent to approximately 36 in current manufacturers’ specifications control device to be installed and months of continuous operation. Based and a period of time is required for operational. For storage vessels on comments we received, we are manufacturers to test their products and constructed, modified or reconstructed changing the final rule to provide modify specifications to include the at well sites with one or more wells operators the option of changing the rod information. Second, we are not aware already in production at the time of packing every 36 months instead of of any add-on control device that is or construction, modification or tracking compressor hours of operation can be used to reduce VOC emissions reconstruction, VOC emissions can be and changing rod packing after 26,000 from gas-driven pneumatic devices. determined prior to startup. Finally, language in the proposed rule hours of operation. Accordingly, these estimation and could have been interpreted to mean installation periods are not necessary Refer to section IX.D of this preamble that all pneumatic controllers installed and, therefore, not provided. and the Responses to Comments in any year after the proposal date must Several requirements for storage document, available in the docket, for be reported each year, rather than those vessels in the proposed rule pointed to detailed discussion regarding these installed only during the reporting 40 CFR part 63, subpart HH (the Oil and changes. period. In order to clarify and Natural Gas Production NESHAP). C. Pneumatic Controller Affected streamline the recordkeeping and However, subpart HH regulates HAP Facilities reporting requirements associated with while this NSPS regulates VOC. pneumatic controllers, we are requiring Therefore, in order to eliminate For pneumatic controller affected only information concerning those confusion caused by cross-referencing facilities located in the oil and natural affected facilities constructed, modified another regulation and to tailor the gas production segments, we have or reconstructed during the reporting requirements for VOC regulation, we revised the definition of pneumatic period to be included in the annual have incorporated the storage vessel controller affected facility from a single report. requirements from subpart HH into 40 pneumatic controller to a single, Refer to section IX.C of this preamble CFR part 60, subpart OOOO and continuous bleed, natural gas-driven and the Responses to Comments modified those requirements, as pneumatic controller with a continuous document, available in the docket, for appropriate for this rule. bleed rate greater than 6 scfh for which detailed discussion regarding these In the proposed rule, each storage construction, modification or changes. vessel required to reduce emissions reconstruction commenced after August would have to comply upon 23, 2011. At natural gas processing D. Storage Vessel Affected Facilities promulgation. In the final rule, owners plants, individual continuous bleed We have modified the definition of or operators are allowed a 1-year phase- natural gas-operated pneumatic ‘‘storage vessel’’ to exclude surge in beginning October 15, 2012 before the controllers for which construction, control vessels, knockout vessels and 95.0-percent control requirement is modification or reconstruction pressure vessels designed to operate effective. We believe this is necessary commenced after August 23, 2011, are without emissions to the atmosphere. In because of initial problems securing affected facilities under this rule. As addition, we have clarified that we control devices that are manufacturer- explained further in section IX.C of this consider a storage vessel that is skid- tested and have appropriate preamble, this change provides clarity mounted or permanently attached to documentation for determining control by more specifically defining the something that is mobile (such as efficiency. In addition, we believe that pneumatic controllers we intended to trucks, railcars, barges or ships) to be owners or operators will require a regulate in this final rule. In addition, subject to 40 CFR part 60, subpart period of time to establish the need for only pneumatic controllers located prior OOOO if it is intended to be located at controls and install them where called to the point at which the gas enters the a site for at least 180 consecutive days. for. The 1-year phase-in will also allow transmission and storage segment are In the proposed rule, we established owners or operators the necessary time subject to the NSPS. Because we are not a throughput threshold for storage to establish the need for a control device finalizing standards covering them, vessels below which they were not and procure and install the equipment. controllers located in the transmission subject to the NSPS. In order to remove Refer to section IX.E of this preamble and storage segment are not affected confusion with respect to the emission and the Responses to Comments facilities. The emission rates we factors used to develop the throughput document, available in the docket, for proposed for pneumatic controllers have threshold and to address comments detailed discussion regarding these not changed in the final rule. indicating significant difficulty changes.

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E. Equipment Leaks Affected Facilities emission points. For well completions, notification requirements are considered and Sweetening Unit Affected Facilities compressors, pneumatic controllers and to have met the advance notification at Onshore Natural Gas Processing storage vessels, we have removed the requirements of the NSPS. Additionally, Plants General Provisions notification in lieu of the standard annual reporting requirements, the final rule allows We have revised the identification of requirements in 40 CFR 60.7(a)(1), (3) submission of an annual report for gas affected facilities for equipment leaks at and (4). These requirements relate to well affected facilities that consists only natural gas processing plants. We notification of construction and initial of a list, with identifying information of proposed that compressors and performance testing and are more suited all affected gas wells completed, equipment (as defined in the rule) to construction of more traditional electronic or hard copy photographs located at onshore natural gas facilities (e.g., gas processing plants, documenting REC in progress for each processing plants were affected refineries and chemical plants) than the well for which REC was required and facilities. As discussed above, numerous individual pieces of the self-certification required in the compressors (reciprocating and apparatus (e.g., individual pneumatic standard annual report. centrifugal) have requirements under 40 controllers, compressor and storage In the affirmative defense provisions CFR part 60, subpart OOOO that extend vessels) that are ‘‘affected facilities’’ of the rule, a citation was corrected, beyond the natural gas processing plant. under this final rule. Specific minor wording changes were made and To remove the duplicative requirements notification and initial compliance reporting requirements were refined. for compressors at natural gas demonstration requirements in the final The provisions we retained in the final processing plants, we have revised the rule make the General Provisions rule are those we believe are necessary identification of affected facility to notification requirements unnecessary to assure regulatory agencies and the exclude compressors from the standards for gas well affected facilities. public that the owner or operator is in that apply to equipment leaks at As mentioned previously, we have compliance with the final rule. Refer to onshore natural gas processing plants. also streamlined the notification, section IX.F of this preamble and the Refer to the Responses to Comments recordkeeping and reporting Responses to Comments document, document, available in the docket, for requirements for gas well affected available in the docket, for detailed detailed discussion regarding these facilities. In place of a written discussion regarding these changes. affected facilities. notification of each well completion operation 30 days prior to the VI. Summary of the Final NESHAP F. Changes to Notification, completion, owners or operators must Rules Recordkeeping and Reporting submit a notification no later than 2 Requirements days prior to the date of the completion. A. What are the final rule actions In response to comment expressing This notification may be submitted by relative to the Oil and Natural Gas concern with the burdens associated email. To avoid duplicative and Production (subpart HH) source with demonstrating and monitoring potentially conflicting advance category? compliance, we have reanalyzed the notification requirements, the final rule Table 4 summarizes the changes to 40 notification, recordkeeping and provides that owners or operators who CFR part 63, subpart HH. Further reporting requirements in the proposed are subject to state regulations that discussion of these changes may be rule and eliminated duplicative and require advance notification of well found below in this section and in unnecessary requirements for all completions and have met those sections VII and X of this preamble.

TABLE 4—SUMMARY OF CHANGES TO 40 CFR PART 63, SUBPART HH

Affected source Nature of change Standard

Small glycol dehydrators ...... Established MACT standards for previously unregulated BTEX emission limit: source. New sources—4.66 × 10¥6 g/scm-ppmv. Existing sources—3.28 × 10¥4 g/scm-ppmv. ‘‘Associated equipment’’ ...... Revised definition to exclude all storage vessels ...... N/A. Valves—equipment leaks .... Revised definition of leak ...... LDAR for valves must be applied at 500 ppm. All affected sources ...... Eliminated exemption from compliance during periods Standards apply at all times. of startup, shutdown and malfunction.

Pursuant to CAA sections 112(d)(2) vessels with PFE. As noted at proposal, did not result in revision to the and (3), we have established MACT however, there have been relevant standards. We found that the MACT standards for small glycol dehydrators developments for equipment leaks, and standards in 40 CFR part 63, subpart HH that were not regulated in the initial we are finalizing the proposed revisions (coupled with the new MACT standard NESHAP. In addition, we have revised to the leak definition for valves at for small glycol dehydrators) provide an the definition of ‘‘associated natural gas processing plants. ample margin of safety to protect public equipment’’ to exclude from the Specifically, under CAA section health and prevent adverse definition of that term all storage 112(d)(6), we revised the leak definition environmental effects. Accordingly, we vessels, not just those with potential for for valves to 500 ppm, thus requiring are re-adopting those standards to flash emissions (PFE). the application of the leak detection and satisfy the requirements of CAA section With regard to our CAA section repair requirement at this lower 112(f). 112(d)(6) review, we conclude that there detection level. We did not make other Additionally, we amended 40 CFR have been no developments in practices, revisions to the standards pursuant to part 63, subpart HH to apply the processes or control technologies for our CAA section 112(d)(6) review. Our standards at all times and made other large glycol dehydrators and storage review under CAA section 112(f)(2) also revisions relative to periods of startup,

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shutdown and malfunction. Lastly, the 2. Standards for Equipment Leaks provisions of this subpart or by October final rule revises and adds certain In the final rule, as a result of our 15, 2013, whichever is later. testing and monitoring and related technology review under CAA section The final amendments to the NESHAP notification, recordkeeping and 112(d)(6), we are revising the leak also include additional requirements for reporting requirements and makes definition for valves to 500 ppm, thus the contents of the periodic reports. The certain other minor technical revisions requiring the application of the LDAR periodic reports are required to include to the NESHAP. requirement at this lower detection periodic test results and information level. This leak definition applies only regarding any carbon replacement 1. Standards for Small Glycol to valves at natural gas processing events that occurred during the Dehydration Units plants, and not other components. reporting period. Additionally, periodic reports are required to include the In this final rule, we have established 3. Notification, Recordkeeping and number, duration, and a brief MACT standards under CAA sections Reporting Requirements description for each type of malfunction 112(d)(2) and (3) for small glycol The final rule revises certain which occurred during the reporting dehydration units, which were left recordkeeping requirements of 40 CFR period and which caused or may have unregulated in the initial NESHAP. This part 63, subpart HH. Specifically, caused any applicable emission subcategory consists of glycol facilities using carbon adsorbers as a limitation to be exceeded. The periodic dehydrators with an actual annual control device are required to keep report is also required to include a average natural gas flowrate less than records of their carbon replacement description of actions taken by an owner 85,000 standard cubic meters per day schedule and records for each carbon or operator during a malfunction of an (scmd) or actual average benzene replacement. In addition, owners and affected source to minimize emissions, emissions less than 0.9 megagrams per operators are required to keep records of including actions taken to correct a year (Mg/yr). The final MACT standards the occurrence and duration of each malfunction. for small dehydrators at oil and gas malfunction of operation (i.e., process B. What are the final rule amendments production facilities require that equipment) or the air pollution control for the Natural Gas Transmission and existing affected sources at a major equipment and monitoring equipment. Storage (subpart HHH) source category? source meet a unit-specific BTEX limit In conjunction with the new MACT of 3.28 × 10¥4 grams BTEX/standard standards for small existing glycol Table 5 summarizes the changes to 40 cubic meters (scm)-parts per million by dehydration units, owners and operators CFR part 63, subpart HHH. Further volume (ppmv) and that new affected of such affected units are required to discussion of these changes may be sources meet a BTEX limit of 4.66 × submit an initial notification within 1 found below in this section and in 10¥6 grams BTEX/scm-ppmv. year after they become subject to the sections VII and X of this preamble.

TABLE 5—SUMMARY OF CHANGES TO 40 CFR PART 63, SUBPART HHH

Affected source Nature of change Standard

Small glycol dehydrators ...... Established MACT standards for previously unregulated BTEX emission limit: source. New sources—5.44 × 10¥5 g/scm-ppmv. Existing sources—3.01 × 10¥4 g/scm-ppmv. All affected sources ...... Eliminated exemption from compliance during periods Standards apply at all times. of startup, shutdown and malfunction.

Pursuant to CAA section 112(d)(2) prevent adverse environmental effects. required to meet a BTEX limit of 5.44 and (3), we have established MACT Accordingly, we are re-adopting those × 10¥5 grams BTEX/scm-ppmv. standards for small glycol dehydrators standards to satisfy the requirements of 2. Notification, Recordkeeping and that were not regulated in the initial CAA section 112(f). Thus, our reviews Reporting Requirements NESHAP. We have also amended 40 under CAA sections 112(d)(6) and CFR part 63, subpart HHH to apply the 112(f)(2) did not result in any revisions The final rule revises certain standards at all times, and made other to the standards. recordkeeping requirements of 40 CFR revisions relative to periods of startup, part 63, subpart HHH. Specifically, 1. Standards for Glycol Dehydration shutdown and malfunction. Lastly, the facilities using carbon adsorbers as a Units final rule revises and adds certain control device are required to keep testing and monitoring and related In this final rule, we have established records of their carbon replacement notification, recordkeeping and MACT standards for small glycol schedule and records for each carbon reporting requirements, as well as dehydration units in the Natural Gas replacement. In addition, owners and makes other minor technical revisions Transmission and Storage source operators are required to keep records of to the NESHAP. category. This subcategory consists of the occurrence and duration of each With regard to our CAA section glycol dehydrators with an actual malfunction of operation (i.e., process 112(d)(6) review, we conclude that there annual average natural gas flowrate less equipment) or the air pollution control have been no developments in practices than 283,000 scmd or actual average equipment and monitoring equipment. processes or control technologies for benzene emissions less than 0.9 Mg/yr. In conjunction with the promulgation large glycol dehydrators. We also found The final MACT standard for this of the MACT standards for small glycol that the MACT standards in 40 CFR part subcategory of small dehydrators dehydration units, the final rule 63, subpart HHH (coupled with the new requires existing affected sources to requires that owners and operators of MACT standard for small glycol meet a unit-specific BTEX emission such affected units submit an initial dehydrators) provide an ample margin limit of 3.01 × 10¥4 grams BTEX/scm- notification within 1 year after the unit of safety to protect public health and ppmv and new affected sources are becomes subject to the provisions of this

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subpart or by October 15, 2013, the additional data and information developing these emissions limitations whichever is later. provided to us and our consideration of is documented in the Response to The final amendments to the NESHAP the substantive comments submitted on Comments document and a technical also include additional requirements for the proposal. memorandum, both of which are in the the contents of the periodic reports. For We have retained the same approach docket. 40 CFR part 63, subpart HHH, the and methodology to establishing the Finally, as noted above, in response to periodic reports are required to include standards as described at proposal. We comments, we are not finalizing MACT periodic test results and information have, however, made some changes in standards for storage vessels without the regarding any carbon replacement response to comments, which are PFE in this rule. We received numerous events that occurred during the described further below. One change comments expressing concerns with reporting period. Additionally, periodic resulted in revisions to the MACT how we established the proposed reports are required to include the emission limits for small glycol standards for this subcategory. In number, duration, and a brief dehydration units. In addition, based on response to such comments, we have re- description for each type of malfunction the comments received, we are not evaluated the proposed MACT which occurred during the reporting finalizing the MACT standard for the standards and concluded that we need period and which caused or may have subcategory of storage vessels without (and intend to gather) additional data on caused any applicable emission the PFE, which was a subcategory that these sources in order to analyze and limitation to be exceeded. The periodic was left unregulated in the 1999 40 CFR establish MACT emission standards for report is also required to include a part 63, subpart HH rule. Specifically, this subcategory of storage vessels under description of actions taken by an owner based on our review of the comments, section 112(d)(2) and (3) of the CAA. or operator during a malfunction of an we believe that we need additional data See the Response to Comments affected source to minimize emissions, and information to set an emission document for additional discussion. including actions taken to correct a standard for storage vessels without the 2. Changes Made to Amendments malfunction. PFE, and we intend to collect the Proposed Under the Authority of CAA additional data and propose MACT C. What is the effective date of this final Section 112(f)(2) emission standards under section rule and compliance dates for the 112(d)(2) and (3) of the CAA for such We proposed to eliminate the 0.9 standards? storage vessels. Finally, we are retaining Mg/yr benzene compliance option for The effective date of this rule is the 0.9 Mg/yr compliance option for large glycol dehydration units because, October 15, 2012. large dehydration units. in the proposed rule, we estimated that The compliance date for new affected the emissions allowed as the result of sources (those that commenced A. What are the significant changes this compliance option resulted in construction or reconstruction on or since proposal for the Oil and Natural estimated cancer risks up to 400-in-1- after August 23, 2011) is immediately Gas Production (subpart HH) source million. We received multiple upon initial startup or the effective date category? comments concerning our proposed risk of the standards, October 15, 2012, 1. Changes Made to Amendments estimate. After reviewing these whichever is later. Proposed Under the Authority of CAA comments, we discovered that we had The compliance date for existing Sections 112(d)(2) and (3) significantly overestimated the small glycol dehydration units that are allowable emissions associated with this subject to MACT for the first time (i.e., Under the authority of sections compliance option. First, for several those that commenced construction 112(d)(2) and (3) of the CAA, we sources, including the source that we before August 23, 2011) is October 15, proposed amendments to 40 CFR part predicted had the 400-in-1 million MIR, 2015. 63, subpart HH by adding requirements we used an incorrect factor (or An affected source at a production for previously unregulated units; multiplier) to scale up actual emissions field facility that constructed before specifically, we proposed standards for associated with sources that could August 23, 2011, that was previously small glycol dehydration units and utilize the compliance option level of determined to be an area source but storage vessels without the PFE. 0.9 Mg/yr to allowables. We used an In the final amendments for 40 CFR becomes a major source on October 15, incorrect factor due to an inadvertent part 63, subpart HH, we have revised 2012 due to the amendment to the transcription error in our calculations. the proposed MACT standards for small associated equipment definition in 40 Second, we learned that the risk glycol dehydration units in response to CFR part 63, subpart HH, has until assessment supporting the proposed comments that we did not take into October 15, 2015 to comply with the rule erroneously included several area account variability in the development relevant emission standards. sources, which are not subject to 40 CFR of the MACT floor. In our proposal, the The compliance date for valves at part 63, subpart HH and thus should not MACT standards for existing affected existing natural gas processing plants, have been included in the CAA section sources was a unit-specific BTEX limit constructed before August 23, 2011, due 112(f) risk assessment. After revising the of 1.10 × 10¥4 g BTEX/scm-ppmv and to the amendment to the leak definition risk assessment to remove area sources, for new affected sources was a BTEX in 40 CFR part 63, subpart HH, is 1 year and considering the MACT standard limit of 4.66 × 10¥6 g BTEX/scm-ppmv. after the effective date of the standards promulgated today for small glycol In this final rule, we accounted for October 15, 2013. dehydrators pursuant to CAA sections variability by using an upper prediction 112(d)(2) and (3), the MIR for the Oil VII. Summary of the Significant limit to develop a revised BTEX and Natural Gas Production source Changes to the NESHAP Since Proposal emission limit for existing small glycol category based on actual and allowable The previous section described the dehydration units of 3.28 × 10¥4 grams emissions is 10-in-1 million, compared requirements that the EPA is finalizing BTEX/standard cubic meters (scm)-parts to the 400-in-1 million3 based on in this rule. This section discusses in per million by volume (ppmv) and for greater detail the key changes the EPA new small glycol dehydration units the 3 At proposal, we used an incorrect factor (or × ¥6 is making from the proposal. These revised BTEX limit is 4.66 10 grams multiplier) in calculating allowable emissions for changes result from the EPA’s review of BTEX/scm-ppmv. The process for Continued

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allowable emissions and 40-in-1 million conditions occur. Although the REL MACT standard issued here) is based on actual emissions that were (which indicates the level below which acceptable.4 estimated in the proposed rule. adverse effects are not anticipated) is In making our proposed ample margin As the result of our revised risk exceeded in this case, we believe the of safety determination under CAA analysis, we have determined that potential for acute effects is low for section 112(f)(2), we subsequently approximately 120,000 people are several reasons. The acute modeling evaluated the risk reductions and costs estimated to have cancer risks at or scenario is worst-case because of the associated with various emissions above 1-in-1 million, compared to confluence of peak emission rates and control options to determine whether 160,000 people estimated in the worst-case dispersion conditions. Also, we should impose additional standards proposed rule. Total estimated cancer the generally sparse populations near to reduce risks further. As stated above, incidence from the source category is the facilities with the highest estimated we made certain revisions to the risk 0.02 excess cancer cases per year, or one 1-hour exposures make it less likely that assessment in response to comments case in every 50 years. This estimate is a person would be near the plant to be and the resulting MIR for 40 CFR part unchanged from the proposed rule exposed. 63, subpart HH is 10-in-1 million. We because the incidence from a small We also conducted a facility-wide risk have not identified any emission control number of sources typically does not assessment. The maximum facility-wide options that would reduce emissions affect total incidence reported to one risk estimate of 100-in-1 million is and risk associated with subpart HH significant figure. The estimate from the unchanged from the proposed rule. Also sources for glycol dehydration units and proposed rule of maximum chronic non- unchanged from proposal is the fact that storage vessels. Our proposed cancer TOSHI value (0.1) is unchanged, the facility-wide risk is driven by amendment to remove the 0.9 Mg/yr driven by naphthalene emissions from emissions from reciprocating internal compliance option does not affect the fugitive sources. The maximum acute combustion engines (RICE) and these risk driver, which is fugitive emissions. non-cancer hazard quotient value (9, engines are not part of the Oil and As a result, we are retaining the 0.9 based on the California EPA reference Natural Gas Production source category. Mg/yr compliance option in the final exposure level (REL) for benzene) is also In fact, oil and natural gas production rule. We have determined that the risks unchanged from the proposed rule. operations contribute only about one associated with the level of emissions Although driven by the same pollutant percent or less to the total facility-wide allowed by the MACT standards are that drives the MIR, benzene, the risks. In the last few years, the Agency driven by fugitive emissions (i.e., leaks). maximum acute hazard quotient value has revised the MACT standards for Since a LDAR program is the typical did not change from the proposed rule certain RICE. See 75 FR 9648 and 51570. method for reducing emissions from because the source driving the acute Although it is difficult to discern from fugitive sources, we considered value was not identified as an area the available data which types of RICE requiring a LDAR program to reduce risk for this source category. The NEI source and, thus, remained in the are driving the facility-wide risk, it is dataset for this source category contains revised analysis. It is common for the important to note that the 2005 National approximately 2,500 emission points maximum acute hazard quotient and Emissions Inventory (NEI) data on that we characterized as fugitive. These cancer MIR not to coincide because the which we modeled risk did not take into emission points are located at 639 acute value is strongly dependent on account the recent MACT revisions to facilities. The fugitive emissions short-term meteorology and the distance the RICE rule. Finally, our assessment associated with those 639 facilities are to the facility property boundary, that the potential for significant human whereas the MIR is dependent on long- 747 tons of HAP. health risks due to multipathway In evaluating the effectiveness of a term meteorology and the distance to exposures or adverse environmental LDAR program at these facilities we census block receptors. There are 13 effects is low has not changed since looked at two different LDAR cases in the source category (out of proposal (see 76 FR 52774). programs—one is a program equivalent approximately 1,000 facilities) where Consistent with the approach to 40 CFR part 60, subpart VV, and the the REL is exceeded by more than a established in the Benzene NESHAP, second is a more stringent program factor of 2. the EPA weighed all health risk equivalent to 40 CFR part 60, subpart Based on the conservative nature of measures and information, including VVa.5 A LDAR program equivalent to the acute exposure scenario used in the the maximum individual cancer risk, subpart VV can achieve emission screening assessment for this source the cancer incidence, the number of reductions of approximately 39 percent category, the EPA has judged that, people exposed to a risk greater than 1- with capital and annual costs of considering all associated uncertainties, in-1-million, the distribution of risks in the potential for effects from acute the exposed population, and the 4 We reach the same conclusion even if we do not exposures is low. Screening estimates of uncertainty of our risk calculations in consider the new MACT for small glycol acute exposures were evaluated for each determining whether the risk posed by dehydrators in our acceptability determination. HAP at the point of highest off-site emissions from Oil and Natural Gas Indeed, focusing solely on the standards in the existing MACT, the level of risk associated with exposure for each facility (i.e., not just Production is acceptable. In this case, such standards would remain 10-in-1 million, and the census block centroids) assuming because the MIR is well below 100-in- thus our acceptability determination does not that a person is present at this location 1-million, and because a number of change. There is one facility that is a small glycol at a time when both the peak emission dehydrator that has an MIR of 10-in-1 million. After other factors indicate relatively low risk imposition of the MACT for small glycol rate and worst-case dispersion concern, including low cancer dehydrators, however, this unit would have an MIR incidence, low potential for adverse of 7-in-1 million. Also, see memorandum titled the source that, at proposal, had an estimated MIR environmental effects or human health Supplemental Facility Information Obtained from of 400-in-1 million. Since proposal, we have multi-pathway, and unlikely chronic Various State/Local Agencies and Additional learned that this source is an area source and thus Analysis, March 20, 2012. is not subject to the Subpart HH MACT standards. and acute noncancer health impacts, we 5 See memorandum titled Equipment Leak As such, we removed this source from our section conclude that the level of risk associated Emission Reduction and Cost Analysis for Well 112(f) risk analysis. In any event, we have with the Oil and Natural Gas Production Pads, Gathering and Boosting Stations, and determined that even if this area source were to source category MACT standards Transmission and Storage Facilities Using Emission have actual emissions at the 0.9 Mg/yr level, its risk and Cost Data from the Uniform Standards, April would be 3-in-1 million. (including the small glycol dehydrator 17, 2012.

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$237,700 and $79,419 per facility, definition for valves at natural gas standards for small glycol dehydration respectively. Therefore, such a program processing plants. We did not identify units. for the 639 facilities would be expected developments in practices, processes In the final amendments for 40 CFR to reduce emissions by 249 tons of HAP and control technologies for glycol part 63, subpart HHH, we have revised with total capital and annual costs of dehydration units and storage vessels. the proposed BTEX limits for small $152 million and $50.7 million, As a result of this assessment, we glycol dehydration units in response to respectively. The cost effectiveness proposed revisions to the equipment comments that we did not take into would be approximately $204,000 per leak requirements in 40 CFR part 63, account variability in the development ton of HAP. subpart HH to lower the leak definition of the MACT floor. We had proposed a A LDAR program equivalent to 40 for valves to an instrument reading of at unit-specific BTEX emission limit of ¥ CFR part 60, subpart VVa can achieve least 500 ppm. No significant changes 6.42 × 10 5 grams BTEX/scm-ppmv for emission reductions of approximately since proposal were made to the existing sources and a BTEX limit of ¥ 43 percent overall with capital and equipment leak standards proposed 1.10 × 10 5 g BTEX/scm-ppmv for new annual costs of $241,000 and $82,900 under the authority of section 112(d)(6) sources. In the final rule, we accounted per facility, respectively. Therefore, an of the CAA.6 for variability by using an upper LDAR program for the 639 facilities prediction limit to develop a revised would be expected to reduce emissions 4. Other Changes to the Proposed Rule emission limit for existing affected × ¥4 by 275 tons of HAP, with total capital We are revising the emission sources of 3.10 10 g BTEX/scm- and annual costs of $154 million and reduction demonstrated using the ppmv and for new affected sources is a × ¥5 $53 million, respectively. The cost manufacturers performance test from BTEX limit of 5.44 10 grams BTEX/ effectiveness would be approximately 98.0 percent to 95.0 percent. scm-ppmv. The process for developing $193,000 per ton of HAP reduced. These Specifically, if an owner or operator these emissions limitations is additional control requirements would chooses to install a combustion control documented in the response to reduce the MIR for the source category device that is tested under, and passes, comments document and a technical from 10-in-1 million to approximately 7- the prescribed manufacturers memorandum both of which can be in-1 million. performance test the final rule states found in the docket. As explained in the proposal, in that the control device has accordance with the approach 2. Changes to Amendments Proposed demonstrated a destruction efficiency of established in the Benzene NESHAP, we Under the Authority of CAA Section 95.0 percent. This change is a result of weigh all health risk measures and 112(f)(2) comments and data provided on the information considered in the risk We proposed to eliminate the 0.9 Mg/ actual performance of these devices in acceptability determination, along with yr benzene compliance option for large the field. the costs and economic impacts of glycol dehydration unit process vents emissions controls, technological In the proposed rule, we proposed because, in the proposed rule, we feasibility, uncertainties and other that the standards apply at all times and estimated that the emissions allowed as relevant factors, in making our ample removed provisions that provided an the result of this compliance option margin of safety determination and exemption from the emission standards resulted in estimated cancer risks up to deciding whether standards are during SSM. In response to comments 90-in-1-million. In response to necessary to reduce risks further. that the monitoring and reporting comments, we learned that the risk Considering all of this information, we provisions related to excursions assessment supporting the proposed conclude that the costs of the options occurring during SSM events that rule erroneously included some sources analyzed are not reasonable considering remain in the subpart suggest exemption that have permanently shut down, and the emissions reductions and risk and therefore should be removed, we several area sources, which are not reductions potentially achievable with are removing these provisions in the subject to 40 CFR part 63, subpart HHH the control measures evaluated. Thus, final rule. and, thus, should not have been we conclude that the MACT standards Refer to the Reponses to Comments included in the CAA section 112(f) risk in 40 CFR part 63, subpart HH (coupled document, available in the docket, for assessment. After revising the risk with the new MACT standard for small detailed discussion regarding these assessment to remove these sources and glycol dehydrators) provide an ample changes. considering the MACT standards margin of safety to protect public health promulgated here pursuant to CAA B. What are the significant changes section 112(d)(2) and (3), the MIR for and prevent adverse environmental since proposal for the Natural Gas effects. Accordingly, we are re-adopting the Natural Gas Transmission and Transmission and Storage (subpart Storage source category based on actual those standards to satisfy the HHH) source category? requirements of CAA section 112(f). and allowable emissions is 20-in-1 1. Changes Made to Amendments million, compared to the 90-in-1 million 3. Changes Made to Standards Proposed Proposed Under the Authority of CAA based on allowable emissions and 20-in- Under the Authority of CAA Section Sections 112(d)(2) and (3) 1 million based on actual emissions 112(d)(6) estimated in the proposed rule. As discussed in detail in the preamble Under the authority of sections As the result of our revised risk for the proposed rule (76 FR 52784), we 112(d)(2) and (3) of the CAA, we analysis, we have determined that conducted a technology review for proposed amendments to 40 CFR part approximately 1,100 people are glycol dehydration units, storage vessels 63, subpart HHH by adding estimated to have cancer risks at or and equipment leaks under the requirements for previously unregulated above 1-in-1 million, compared to 2,500 authority of CAA section 112(d)(6). We units; specifically, we proposed people estimated in the proposed rule. assessed developments in practices, Total estimated cancer incidence from processes and control technologies 6 Memorandum from Brown, Heather, EC/R Inc., the source category is 0.001 excess to Moore, Bruce, U.S. EPA, titled Technology sources for those regulated under the Review for the Final Amendments to Standards for cancer cases per year, or one case in initial NESHAP and determined that it the Oil and Natural Gas Production and Natural every 1,000 years. This estimate is was cost-effective to lower the leak Gas Transmission and Storage Source Categories. unchanged from the proposed rule

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because the incidence from a small to the RICE rule. Finally, our assessment method for reducing emissions from number of sources typically does not that the potential for significant human fugitive sources, we evaluated the costs affect total incidence reported to one health risks due to multipathway and emissions reductions associated significant figure. The estimate from the exposures or adverse environmental with requiring such a program to reduce proposed rule of maximum chronic non- effects is low has not changed since risk for this source category. The NEI cancer TOSHI value (0.2) is unchanged, proposal (see 76 FR 52774). dataset for the natural gas transmission driven by benzene emissions from Consistent with the approach and storage source category contains fugitive sources. The maximum acute established in the Benzene NESHAP, approximately 314 emission points that non-cancer hazard quotient value (4, the EPA weighed all health risk we characterized as being fugitive in based on the benzene REL) changed measures and information, including nature. These emission points are from the proposed rule; the value in the the maximum individual cancer risk, located at 212 facilities. The fugitive proposed rule was 5, but was associated the cancer incidence, the number of emissions associated with those 212 with an area source that was removed people exposed to a risk greater than 1- facilities are 187 tons of HAP. from the risk assessment. There are two in-1-million, the distribution of risks in In evaluating the effectiveness of a cases in the source category (out of the exposed population and the LDAR program at these facilities we approximately 300 facilities) where the uncertainty of our risk calculations in looked at two different LDAR REL is exceeded by more than a factor determining whether the risk posed by programs—one is a program equivalent of 2. emissions from natural gas transmission to 40 CFR part 60, subpart VV, and the Based on the conservative nature of and storage is acceptable. In this case, second is a more stringent program the acute exposure scenario used in the because the MIR is well below 100-in- equivalent to 40 CFR part 60, subpart screening assessment for this source 1-million, and because a number of VVa.8 A LDAR program equivalent to category, the EPA has judged that, other factors indicate relatively low risk subpart VV can achieve emission considering all associated uncertainties, concern, including low cancer reductions of approximately 51 percent the potential for effects from acute incidence, low potential for adverse with capital and annual costs of exposures is low. Screening estimates of environmental effects or human health $361,800 and $142,600 per facility, acute exposures were evaluated for each multi-pathway effects, and unlikely respectively. Therefore, such a program HAP at the point of highest off-site chronic and acute noncancer health for 212 facilities would be expected to exposure for each facility (i.e., not just impacts, we conclude that the level of reduce emissions by 95.4 tons of HAP the census block centroids) assuming risk associated with the Natural Gas and have total capital and annual costs that a person is present at this location Transmission and Storage source of $76.7 million and $30.2 million, at a time when both the peak emission category MACT standards (including respectively. The cost effectiveness rate and worst-case dispersion those MACT standards issued here) is would be approximately $317,000 per conditions occur. Although the REL acceptable.7 ton of HAP. (which indicates the level below which In making our proposed ample margin A LDAR program equivalent to 40 adverse effects are not anticipated) is of safety determination under CAA CFR part 60, subpart VVa can achieve exceeded in this case, we believe the section 112(f)(2), we subsequently emission reductions of approximately potential for acute effects is low for evaluated the risk reductions and costs 78 percent overall with capital and several reasons. The acute modeling associated with various emissions annual costs of $369,500 and $154,300 scenario is worst-case because of the control options to determine whether per facility, respectively. Therefore, a confluence of peak emission rates and we should impose additional standards LDAR program for 212 facilities would worst-case dispersion conditions. Also, to reduce risks further. As stated above, be expected to reduce emissions by 146 the generally sparse populations near we made certain revisions to the risk tons of HAP with total capital and annual costs of $78.3 million and $32.7 the facilities with the highest estimated assessment in response to comments million, respectively. The cost 1-hour exposures make it less likely that and the resulting MIR for 40 CFR part effectiveness would be approximately a person would be near the plant to be 63, subpart HHH is 20-in-1 million. We $224,000 per ton of HAP. These exposed. have not identified any emission control We also conducted a facility-wide risk additional control requirements would options that would reduce emissions assessment. The maximum facility-wide reduce the MIR from the source category and risk associated with subpart HHH risk estimate of 200-in-1 million is to approximately 3-in-1 million for the sources for glycol dehydration units. unchanged from the proposed rule. Also subpart VVa level of control and 7-in-1- Our proposed amendment to remove the unchanged from proposal is the fact that million for the 40 CFR part 60, subpart 0.9 Mg/yr compliance option does not the facility-wide risk is driven by VV level of control. emissions from reciprocating internal affect the risk driver, which is fugitive As explained in the proposal, in combustion engines (RICE) and these emissions. As a result, we are retaining accordance with the approach engines are not part of the Natural Gas the 0.9 Mg/yr compliance option in the established in the Benzene NESHAP, we Transmission and Storage source final rule. weigh all health risk measures and We have determined that the risks category. In fact, natural gas information considered in the risk transmission and storage operations associated with the level of emissions acceptability determination, along with contribute only about one percent or allowed by the MACT standards are the costs and economic impacts of less to the total facility-wide risks. In driven by fugitive emissions (i.e., leaks). emissions controls, technological the last few years, the Agency has Since a LDAR program is the typical feasibility, uncertainties and other revised the MACT standards for certain relevant factors, in making our ample 7 We reach the same conclusion even if we do not RICE. See 75 FR 9648 and 51570. consider the new MACT for small glycol margin of safety determination and Although it is difficult to discern from dehydrators in our acceptability determination. the available data which types of RICE Indeed, focusing solely on the standards in the 8 See memorandum titled Equipment Leak are driving the facility-wide risk, it is existing MACT, the level of risk associated with Emission Reduction and Cost Analysis for Well such standards would remain 20-in-1 million, and Pads, Gathering and Boosting Stations, and important to note that the 2005 NEI data thus our acceptability determination would not Transmission and Storage Facilities Using Emission on which we modeled risk did not take change. The glycol dehydrators analyzed all had and Cost Data from the Uniform Standards, dated into account the recent MACT revisions risks well below 20-in-1 million. April 17, 2012.

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deciding whether standards are are removing these provisions in the routine aspects of a source’s operations. necessary to reduce risks further. final rule. However, by contrast, malfunction is Considering all of this information, we defined as a ‘‘sudden, infrequent, and VIII. Compliance Related Issues conclude that the costs of the options not reasonably preventable failure of air Common to the NSPS and NESHAP analyzed are not reasonable considering pollution control and monitoring the emissions reductions and risk A. How do the rules address startup, equipment, process equipment, or a reductions potentially achievable with shutdown and malfunction? process to operate in a normal or usual the control measures. Thus, we The United States Court of Appeals manner * * * ’’ (40 CFR 63.2) and as conclude that the MACT standards in 40 for the District of Columbia Circuit ‘‘any sudden, infrequent, and not CFR part 63, subpart HHH (coupled vacated portions of two provisions in reasonably preventable failure of air pollution control equipment, process with the new MACT standard for small the EPA’s CAA section 112 regulations equipment, or a process to operate in a glycol dehydrators) provide an ample governing the emissions of HAP during normal or usual manner * * *’’ (40 CFR margin of safety to protect public health periods of SSM. Sierra Club v. EPA, 551 60.2). The EPA has determined that and prevent adverse environmental F.3d 1019 (D.C. Cir. 2008), cert. denied, CAA sections 111 and 112 do not effects. Accordingly, we are re-adopting 130 S. Ct. 1735 (U.S. 2010). Specifically, require that emissions that occur during those standards to satisfy the the Court vacated the SSM exemption periods of malfunction be factored into requirements of CAA section 112(f)(2). contained in 40 CFR 63.6(f)(1) and 40 development of CAA section 111 or 112 CFR 63.6(h)(1), that are part of a 3. Changes Made to Amendments standards. Proposed Under the Authority of CAA regulation, commonly referred to as the CAA section 111 standards—See Section 112(d)(6) ‘‘General Provisions Rule,’’ that the EPA section III of this preamble for a detailed promulgated under section 112 of the discussion on how the EPA sets or As discussed in detail in the preamble CAA. When incorporated into CAA for the proposed rule (76 FR 52784), we revises CAA section 111 NSPS to reflect section 112(d) regulations for specific the degree of emission limitation conducted a technology review for source categories, these two provisions glycol dehydration units under the achievable through the application of exempt sources from the requirement to the BSER. authority of CAA section 112(d)(6). We comply with the otherwise applicable did not identify developments in CAA section 112 standards—Under CAA section 112(d) emission standard CAA section 112, emissions standards practices, processes and control during periods of SSM. technologies for large glycol for new sources must be no less As proposed in the NESHAP, we have stringent than the level ‘‘achieved’’ by dehydration units. As a result of this eliminated the SSM exemption in this assessment, we did not propose the best controlled similar source and rule. Consistent with Sierra Club v. for existing sources, generally must be amendments to 40 CFR part 63, subpart EPA, the EPA has established standards no less stringent than the average HHH. We have not made any changes in both rules that apply at all times. We emission limitation ‘‘achieved’’ by the since proposal under the authority of have also revised Table 3 (the NESHAP best performing 12 percent of sources in CAA section 112(d)(6).9 Further General Provisions table) in several the category. Nothing in CAA section discussion on our technology review respects. For example, we have 112 directs the agency to consider analysis can be found in section X.C of eliminated the incorporation of the malfunctions in determining the level this preamble, and in the Response to NESHAP General Provisions’ ‘‘achieved’’ by the best performing or Comments document. requirement that the source develop an best controlled sources when setting 4. Other Changes to the Proposed Rule SSM plan. We have also eliminated or emission standards. Moreover, while the revised certain NESHAP recordkeeping EPA accounts for variability in setting We are revising the emission and reporting that related to the SSM emissions standards consistent with the reduction efficiency demonstration exemption. The EPA has attempted to CAA section 112 case law, nothing in using the manufacturer’s performance ensure that we have not included in the that case law requires the agency to test from 98.0 percent to 95.0 percent. regulatory language, for the NSPS and consider malfunctions as part of that Specifically, if an owner or operator NESHAP, any provisions that are analysis. CAA section 112 uses the chooses to install a combustion control inappropriate, unnecessary or concept of ‘‘best controlled’’ and ‘‘best device that is tested under, and passes, redundant in the absence of the SSM performing’’ unit in defining the level of the prescribed manufacturer’s exemption. stringency that CAA section 112 performance test, the final rule states In establishing the standards in both performance standards must meet. that the control device has rules, the EPA has taken into account Applying the concept of ‘‘best demonstrated a reduction efficiency of startup and shutdown periods and, for controlled’’ or ‘‘best performing’’ to a 95.0 percent. This change is a result of the reasons explained in section IX of unit that is malfunctioning presents comments and data provided on the this preamble for the NSPS and in significant difficulties, as malfunctions actual performance of these devices in section X of this preamble for the are sudden and unexpected events. the field. NESHAP, did not establish different Further, accounting for malfunctions In the proposed rule, we proposed standards for those periods. Based on in setting NESHAP or NSPS standards that the standards apply at all times and the information available in the record would be difficult, if not impossible, removed provisions that provided an about actual operations during startups given the myriad different types of exemption from the emission standards and shutdowns, we believe that malfunctions that can occur across all during SSM. In response to comments operations and emissions do not differ sources in the category and given the that the monitoring and reporting from normal operations during these difficulties associated with predicting or provisions related to excursions periods such that it warrants a separate accounting for the frequency, degree occurring during SSM events that standard. Therefore, we have not and duration of various malfunctions remain in the subpart suggest exemption proposed different standards for these that might occur. As such, the and therefore should be removed, we periods. performance of units that are Periods of startup, normal operations malfunctioning is not ‘‘reasonably’’ 9 See footnote 6. and shutdown are all predictable and foreseeable. See, e.g., Sierra Club v.

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EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) Gas Production MACT standards; 40 judicial or administrative proceeding, (‘‘[T]he EPA typically has wide latitude CFR 63.1271 for sources subject to the the Administrator may challenge the in determining the extent of data- Natural Gas Transmission and Storage assertion of the affirmative defense and, gathering necessary to solve a problem. MACT standards (defining ‘‘affirmative if the respondent has not met its burden We generally defer to an agency’s defense’’ to mean, in the context of an of proving all of the requirements in the decision to proceed on the basis of enforcement proceeding, a response or affirmative defense, appropriate imperfect scientific information, rather defense put forward by a defendant, penalties may be assessed in accordance than to ‘invest the resources to conduct regarding which the defendant has the with section 113 of the CAA (see also 40 the perfect study.’ ’’); see, also, burden of proof, and the merits of which CFR part 22.27). Weyerhaeuser Co. v. Costle, 590 F.2d are independently and objectively The EPA proposed and is now 1011, 1058 (D.C. Cir. 1978) (‘‘In the evaluated in a judicial or administrative finalizing an affirmative defense in the nature of things, no general limit, proceeding). We also have added other final NSPS and NESHAP in an attempt individual permit, or even any upset regulatory provisions to specify the to balance a tension, inherent in many provision can anticipate all upset elements that are necessary to establish types of air regulations, to ensure situations. After a certain point, the this affirmative defense; a source subject adequate compliance, while transgression of regulatory limits caused to the Oil and Natural Gas Production simultaneously recognizing that, despite by ‘uncontrollable acts of third parties,’ or Natural Gas Transmission and the most diligent of efforts, emission such as strikes, sabotage, operator Storage MACT standards must prove by standards may be violated under intoxication or insanity, and a variety of a preponderance of the evidence that it circumstances beyond the control of the other eventualities, must be a matter for has met all of the elements set forth in source. The EPA must establish the administrative exercise of case-by- 40 CFR 63.762 and a source subject to emission standards that ‘‘limit the case enforcement discretion, not for the Natural Gas Transmission and quantity, rate, or concentration of specification in advance by Storage NSPS must prove by a emissions of air pollutants on a regulation.’’). In addition, in the preponderance of the evidence that it continuous basis.’’ 42 U.S.C. 7602(k) NESAHP context, the goal of a best has met all of the elements set forth in (defining ‘‘emission limitation and controlled or best performing source is 40 CFR 60.41Da (NSPS). See 40 CFR emission standard’’). See, generally, to operate in such a way as to avoid 22.24. The criteria ensure that the Sierra Club v. EPA, 551 F.3d 1019, 1021 malfunctions of the source and affirmative defense is available only (D.C. Cir. 2008). Thus, the EPA is accounting for malfunctions could lead where the event that causes a violation required to ensure that CAA section 112 to standards that are significantly less of the emission standard meets the emissions standards are continuous. stringent than levels that are achieved narrow definition of malfunction in 40 The affirmative defense for malfunction by a well-performing non- CFR 60.2 (NSPS) and 40 CFR 63.2 events meets this requirement by malfunctioning source. Similarly, in the (NESHAP), respectively, (sudden, ensuring that, even where there is a NSPS context, accounting for infrequent, not reasonably preventable malfunction, the emission standard is malfunctions when setting standards of and not caused by poor maintenance still enforceable through injunctive performance under CAA section 111, and/or careless operation). For example, relief. While ‘‘continuous’’ standards, which reflect the degree of emission the final NSPS and NESHAP provide on the one hand, are required, there is limitation achievable through ‘‘the that to successfully assert the also case law indicating that, in many application of the best system of affirmative defense, the source must situations, it is appropriate for the EPA emission reduction’’ that the EPA prove by a preponderance of the to account for the practical realities of determines is adequately demonstrated evidence that the violation ‘‘[w]as technology. For example, in Essex could lead to standards that are caused by a sudden, infrequent, and Chemical v. Ruckelshaus, 486 F.2d 427, significantly less stringent than levels unavoidable failure of air pollution 433 (D.C. Cir. 1973), the District of that are achieved by a well-performing control and process equipment, or a Columbia Circuit acknowledged that, in non-malfunctioning source. The EPA’s process to operate in a normal or usual setting standards under CAA section approach to malfunctions is consistent manner. * * *’’ The criteria also are 111, ‘‘variant provisions’’ such as with CAA section 112 and CAA section designed to ensure that steps are taken provisions allowing for upsets during 111 and is a reasonable interpretation of to correct the malfunction, to minimize startup, shutdown and equipment the statute. emissions in accordance with 40 CFR malfunction ‘‘appear necessary to Finally, the EPA recognizes that even 63.762 for sources subject to the Oil and preserve the reasonableness of the equipment that is properly designed and Natural Gas Production MACT standards as a whole and that the record maintained can sometimes fail and that standards, 40 CFR 63.1272 for sources does not support the ‘never to be such failure can sometimes cause a subject to the Natural Gas Transmission exceeded’ standard currently in force.’’ violation of the relevant emission and Storage MACT standards, and 40 See, also, Portland Cement Ass’n v. standard. See, e.g., State CFR 60.5415(h) for the Standards of Ruckelshaus, 486 F.2d 375 (D.C. Cir. Implementation Plans: Policy Regarding Performance for Crude Oil and Natural 1973). Though intervening case law Excessive Emissions During Gas Production, Transmission and such as Sierra Club v. EPA and the CAA Malfunctions, Startup, and Shutdown Distribution, and to prevent future 1977 amendments call into question the (September 20, 1999); Policy on Excess malfunctions. For example, the final relevance of these cases today, they Emissions During Startup, Shutdown, NSPS and NESHAP provide that the support the EPA’s view that a system Maintenance, and Malfunctions source must prove by a preponderance that incorporates some level of (February 15, 1983). The EPA is, of the evidence that ‘‘[r]epairs were flexibility is reasonable. The affirmative therefore, adding to the final NSPS and made as expeditiously as possible when defense simply provides for a defense to NESHAP an affirmative defense to civil a violation occurred * * *’’ and that civil penalties for violations that are penalties for violations of emission ‘‘[a]ll possible steps were taken to proven to be beyond the control of the standards that are caused by minimize the impact of the violation on source. By incorporating an affirmative malfunctions. See 40 CFR 63.761 for ambient air quality, the environment defense, the EPA has formalized its sources subject to the Oil and Natural and human health. * * *’’ In any approach to upset events. In a Clean

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Water Act setting, the Ninth Circuit Annually, owners or operators of all NESHAP required this type of formalized affected facilities under the NSPS, The final amendments to 40 CFR part approach when regulating ‘‘upsets including gas wells, compressors, 63, subparts HH and 40 CFR part 63, beyond the control of the permit pneumatic controllers, storage vessels subpart HHH revise certain holder.’’ Marathon Oil Co. v. EPA, 564 and gas processing plants, must report recordkeeping requirements. F.2d 1253, 1272–73 (9th Cir. 1977); see, any deviation from the NSPS Specifically, facilities using carbon also, Mont. Sulphur & Chem. Co. v. requirements during the reporting adsorbers as a control device are now EPA, 2012 U.S. App. LEXIS 1056 (Jan period. Each annual report must include required to keep records of their carbon 19, 2012) (rejecting industry argument a signed certification by a senior replacement schedule and records of that reliance on the affirmative defense company official that attests to the truth, each carbon replacement. We are was not adequate). But see accuracy and completeness of the requiring that owners and operators that Weyerhaeuser Co. v. Costle, 590 F.2d at report. For affected gas wells, the report use a manufacturer’s tested control 1057–58 (holding that an informal must also identify each well completion device keep records of visible emissions approach is adequate). The affirmative conducted during the reporting period readings and flowrate calculations and defense provisions give the EPA the and submit detailed completion records records of periods when the pilot flame flexibility to both ensure that its for each well as part of the annual is absent. The final amendments require emission standards are ‘‘continuous,’’ as report. records of the date of each semi-annual required by 42 U.S.C. 7602(k), and In the final rule, the recordkeeping maintenance inspection be maintained. account for unplanned upsets and, thus, and reporting requirements for well Finally, owners and operators are support the reasonableness of the completions also provide a streamlining required to keep records of the standard as a whole. option that owners and operators may occurrence and duration of each Refer to preamble section IX for the choose in lieu of the standard annual malfunction or operation of the air NSPS, preamble section X for the reporting requirements. The alternative, pollution control equipment and NESHAP and the Response to streamlined annual report for gas well monitoring equipment. Comments document for both the NSPS affected facilities requires submission of In conjunction with the final MACT and the NESHAP, available in the a list, with identifying information of all standards for small glycol dehydration docket, for detailed discussions affected gas wells completed, electronic units, owners and operators of such regarding these changes. or hard copy photographs documenting units are required to submit an initial B. How do the NSPS and NESHAP REC in progress for each well for which notification within 1 year after provide for compliance assurance? REC was required and the self- becoming subject to 40 CFR part 63, certification required in the standard subpart HH or by October 15, 2013, The final rule includes various annual report. The operator retains a whichever is later. notification, recordkeeping and digital image of each REC in progress. Similarly, in conjunction with the reporting requirements that we believe The image must include a digital date final MACT standards for small glycol provide a robust compliance assurance stamp and geographic coordinates dehydration units in the final 40 CFR program, while reducing burden and stamp to help link the photograph with part 63, subpart HHH amendments, streamlining requirements. The EPA the specific well completion operation. owners and operators of small glycol also considered a variety of innovative The owner or operator is not required to dehydration units are required to submit compliance approaches that could submit detailed completion records as an initial notification within 1 year after maximize compliance and transparency, part of the annual report. becoming subject to subpart HHH or by while minimizing burden on the October 15, 2013, whichever is later. regulated community and regulators. For centrifugal compressors with wet The final amendments to 40 CFR part More detailed information on public seal systems, the annual report must 63, subpart HH and 40 CFR part 63, comments received and the EPA’s include identification of each affected subpart HHH include new requirements responses are included in sections IX facility constructed, modified or for the contents of Notification of and X of the preamble or in the response reconstructed during the reporting Compliance Status Reports. The owners to comments document. period. The annual report for and operators are required to include an reciprocating compressors must identify electronic copy of the performance test 1. Notification, Recordkeeping and each reciprocating compressor Reporting Requirements results for the manufacturer’s tested constructed, modified or reconstructed control device, if applicable; the For well completions, owners or during the reporting period. The report predetermined carbon replacement operators are required to submit an also must include, for each affected schedule for carbon adsorbers, if email notification no later than 2 days compressor, the elapsed time of applicable; and data related to the prior to each anticipated well operation since the most recent rod manufacturer’s performance tests completion. The notification must packing change as of the end of the conducted for certain models of control identify the owner or operator and reporting period. For affected pneumatic devices, if compliance is being achieved provide the American Petroleum controllers and storage vessels, the using the manufacturer’s performance Institute (API) well number, annual report must identify each tests. geographical coordinates of the affected affected facility constructed, modified The final amendments to the NESHAP wells and the estimated date of or reconstructed during the reporting also include additional requirements for commencement of the flowback period period. the contents of periodic reports. Each immediately following hydrofracturing. Owners or operators who conduct semiannual report must include a The owner or operator must keep certain performance tests on control signed certification by a senior company records identifying each well devices must report results of those tests official that attests to the truth, accuracy completion operation and documenting using the Electronic Reporting Tool and completeness of the report. For both the portions of the flowback period (ERT). Further discussion of reporting of 40 CFR part 63, subpart HH and 40 CFR when the gas was recovered, combusted emissions tests is presented in section part 63, subpart HHH, in the final or vented. VIII.D of this preamble. amendments, periodic reports are

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required to include periodic test results CAA sections 111, 112 and 129 The comment summaries do not and information regarding any carbon standards, as well as for many other represent the EPA’s opinion unless the replacement events that occurred during purposes, including compliance response to the comment specifically the reporting period. Owners and determinations, emission factor agrees with all or a portion of the operators are also required to include in development and annual emission rate comment. the periodic reports information determinations. A. Major Comments Concerning regarding any excursions that occur As stated in the proposal preamble, when the inlet gas flow rate deviates the EPA is taking a step to increase the Applicability from that identified in the ease and efficiency of data submittal 1. Activities That Constitute a manufacturer’s performance test, and and data accessibility. Specifically, the Modification EPA is requiring owners and operators any excursions caused when visible Comment: Referring to the definition of oil and natural gas sector facilities to emissions exceed the maximum of ‘‘modification’’ in section 111(a)(4) of allowable duration. submit electronic copies of required the CAA, one commenter asserts that a Owners or operators who conduct performance test reports. modification occurs only if two things certain performance tests on control As mentioned in the proposal devices must report results of those tests preamble, data entry will be conducted happen: (1) There must be a ‘‘physical using the ERT. Further discussion of through an electronic emissions test change or change in the method of reporting of emissions tests is presented report structure called the ERT. The operation,’’ and (2) the change must in section VIII.C below. ERT will generate an electronic report result in an emissions increase. which will be submitted to the EPA’s The commenter states that, in the 2. Innovative Compliance Approaches Central Data Exchange (CDX) through context of the New Source Review At proposal, given the number and the Compliance and Emissions Data program, the District of Columbia diversity of sources potentially affected Reporting Interface (CEDRI). A Circuit Court has opined that by the NSPS and/or the NESHAP, we description of the ERT can be found at ‘‘Congress’s use of the word ‘any’ in solicited comments on optional http://www.epa.gov/ttn/chief/ert/ defining a ‘modification’ means that all compliance tools that could reduce index.html and CEDRI can be accessed types of ‘physical changes’ are covered’’ compliance burden and enhance through the CDX Web site (New York v. EPA, 443 F.3d 880, 890 transparency. Specifically, we asked for (www.epa.gov/cdx). (D.C. Cir. 2006)) and that the District of suggestions on: (1) Registration of wells The requirement to submit Columbia Circuit Court has determined and advance notification of planned performance test data electronically to that ‘‘the plain language of the CAA completions; (2) use of third party the EPA does not create any additional indicates that Congress intended to verification; and (3) electronic reporting performance testing and would apply apply NSR to changes that increase using existing mechanisms. We received only to those performance tests actual emissions instead of potential or comments on each of the topics above conducted using test methods that are allowable emissions.’’ New York v. EPA, and have presented summaries of those supported by the ERT. A list of the 413 F.3d 3, 40 (DC Cir. 2005). comments and the EPA’s responses in pollutants and test methods supported However, according to the the Response to Comments document. by the ERT is available at http:// commenter, the Supreme Court has The commenters were generally www.epa.gov/ttn/chief/ert/index.html. concluded that the CAA section 111 opposed to third party verification. The major advantages of electronic definition of modification does not have However, one suggestion was a reporting are more fully explained in to have the same meaning under the voluntary random verification program, the proposal preamble. NSPS and New Source Review (NSR) similar to one used in the past for An important benefit of using the ERT programs (Environmental Defense v. gasoline marketing, where operators is that the performance test data will Duke Energy Corp., 127 S. Ct. 1423, who participated in this program become available to the public through 1434 (2007)), and, thus, the EPA has potentially could receive lower priority WebFIRE. Having such data publicly latitude within the context of CAA for enforcement inspections by available enhances transparency and section 111 to implement different rules regulators. Other suggested innovative accountability. regarding modifications. approaches include use of social media, In summary, in addition to supporting The commenter believes, in including Facebook and Twitter, plus regulation development, control strategy particular, that the EPA’s regulatory new technologies such as quick development and other air pollution definition of ‘‘modification’’ under the response codes, to provide timely public control activities, having an electronic NSPS program provides several notification and access to compliance database populated with performance categories of activities that alone, are records for individual wells and other test data will save industry; state, local not to be considered modifications, affected facilities. Other suggestions and tribal agencies; and the EPA including ‘‘maintenance, repair, and included use of a centralized database significant time, money and effort while replacement which the Administrator for industry and public access to improving the quality of emission determines to be routine for a source compliance information. Further inventories and, as a result, air quality category,’’ and ‘‘an increase in discussion of these approaches is regulations. production rate that can be provided in the response to comments. accomplished without a capital IX. Summary of Significant NSPS While we considered these suggestions, expenditure.’’ 40 CFR 60.14(e). The Comments and Responses we did not adopt them in the final rule, commenter believes these provisions for reasons explained further in the For purposes of this document, the reflect the fact that Congress established Responses to Comments document. text within the comment summaries was the NSPS program for ‘‘new’’ sources. provided by the commenter(s) and According to the commenter, without C. What are the requirements for represents their opinion(s), regardless of these exclusions, even the most minor submission of performance test data to whether the summary specifically activities would convert an existing the EPA? indicates that the statement is from a source into a ‘‘new source.’’ The The EPA must have performance test commenter(s) (e.g., ‘‘The commenter commenter states that the premise data to conduct effective reviews of states’’ or ‘‘The commenters assert’’). behind characterizing these activities as

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not being ‘‘changes’’ is that they all during this operating phase, and these Consistency With the Definition of contemplate that the plant will continue controls are required for only a Modification to be operated in a manner consistent relatively short time during the well’s This provision is consistent with the with its original design and, thus, is not operating life. The EPA therefore statutory definition of modification a ‘‘new’’ facility. concludes that it is appropriate for contained in CAA 111(a)(4).13 As We also received a number of treatment of these activities to depart discussed in the proposal, CAA section comments objecting to consideration of from the definition of modification in 40 111(a)(4) defines a modification based 10 recompletion activities as CFR 60.14 to ensure that emissions from on two requirements: (1) A physical modifications, claiming that it is a these activities are controlled. change and (2) an emissions increase. significant departure from the definition We do not in this package question The consistency of our approach with of ‘‘modification’’ under the General the broad appropriateness of the NSPS these two elements is discussed below. Provision at 40 CFR 60.14. Some General Provisions at 40 CFR 60.14. commenters argue that well completion However, as the General Provisions on Physical Change expenditures do not meet the regulatory modification in 40 CFR 60.14 Uncontrolled completion following definition of ‘‘capital expenditure’’ themselves recognize, they may not be refracturing of gas wells fits well within while others argue that they are appropriate in all cases. Given the the statutory definition of modification maintenance activities excluded in 40 significant, although short-term, (the refracturing results in a physical CFR 60.14 others note that we have not increase in emissions from flowback change which causes flowback and an traditionally regulated temporary caused by refracturing activities when increase in emissions relative to the ‘‘construction’’ activities.11 such activities are not controlled, and emissions level prior to the Response: In this final rule, the EPA the cost-effective nature of the control refracturing). Accordingly, the NSPS’ addresses modifications in the context on such emissions, we have concluded treatment of modification applies to of well completions and has deleted the that covering these refracturing completions of hydraulically refractured proposed definition of ‘‘modification,’’ activities is appropriate even if it gas wells. though the underlying rationale requires departing from the General One commenter contends that presented in the proposal remains, and Provisions’ definition of modification. recompletion does not constitute we are providing alternative regulatory Specifically, we are providing in the physical change even if there is re- text. Pursuant to this final rule and as final rule at 40 CFR 60.5365: perforation because it is an expected discussed below, well completions (h) The following provisions apply to gas part of well operation. However, both conducted on gas wells that are well facilities that are hydraulically the CAA and our regulation define refractured on or after the effective date refractured. modification to mean ‘‘physical change’’ of this rule are considered modifications (1) A gas well facility that conducts a well without providing any qualification to and subject to the NSPS, with the completion operation following hydraulic that term, thus indicating that the term exception of such well completions that, refracturing is not an affected facility, ‘‘physical change’’ is very broad to provided that the requirements of § 60.5375 immediately upon flowback, use include any physical change. The emission control techniques otherwise are met. For purposes of this provision, the dates specified in § 60.5375(a) do not apply, commenter’s interpretation of the term required for new wells and satisfy other and such facilities, as of the effective date of ‘‘physical change’’ is without support. requirements for gas well facilities, this rule, must meet the requirements of Emissions Increase including notification, recordkeeping § 60.5375(a)(1)–(4). and reporting requirements. (2) A well completion operation following As a result of these physical changes, As discussed in the proposal, the EPA hydraulic refracturing at a gas well facility a multi-day period of flowback of has chosen to depart from the definition not conducted pursuant to § 60.5375 is a natural gas, hydrocarbon condensate, of modification in 40 CFR 60.14 with modification to the gas well affected facility. water and sand is necessary to clean up respect to regulation of wells that (3) Refracturing of a gas well facility does the formation and wellbore prior to primarily produce natural gas. As not affect the modification status of other production of gas for sale. This flowback equipment, process units, storage vessels, explained in the proposal and elsewhere compressors, or pneumatic controllers period is characterized by release of in the preamble for this rule, the VOC located at the well site. substantial amounts of VOC-containing emissions from the flowback following (4) Sources initially constructed after natural gas and hydrocarbon condensate refracturing of gas wells are significant, August 23, 2011, are considered affected that would not have occurred absent the the EPA has identified cost-effective sources regardless of this provision. refracturing operation, thus meeting the controls to reduce VOC emissions As a result of this provision, a second part of the statutory test—an modification of a well, defined as ‘‘an increase in the amount of emissions. 10 At proposal, EPA used the term onshore well drilled principally for As discussed in the proposal, EPA’s ‘‘recompletion’’ to describe completions of data indicate that uncontrolled well previously fractured new gas wells that are production of natural gas,’’ occurs when refractured at some future date, and we specified a well is refractured on or after the completions with hydraulic refracturing that such actions are considered modifications. In effective date of this rule, except when consistently result in VOC emissions addition, we used the term ‘‘recompletion’’ to the owner or operator of a well controls that were not present prior to such describe completions of existing wells (i.e., those activities. Data in comments received wells that were constructed before August 23, 2011) emissions during the completion that subsequently are fractured for the first time or operation by the use, immediately upon also confirm that these uncontrolled that are refractured. flowback, of emission control 11 We disagree with the commenter. Fracturing modifications. See, e.g., 40 CFR 60.751 (addressing techniques otherwise required for new landfills; definition of modification); 40 CFR and refracturing are not maintenance activities. On 12 the contrary, these are essential processes that allow wells, as discussed more below. 60.100a(c) (addressing refineries; stayed pending production of gas from shale and other formations, reconsideration). either during the initial development of a well or 12 While we have not done so often, in situations 13 We need not address if New York v. EPA, 443 in development of new horizons within a such as this, where there is a defined set of physical F.3d 880, 890 (D.C. Cir. 2006) compels the result previously fractured well. We also disagree with the changes that inevitably lead to an emissions here. As we explain, in the body of this preamble characterization that we are regulating increase, regulatory certainty and clarity can be our approach is consistent with CAA section ‘‘construction activities.’’ Rather we are regulating provided by, as EPA is doing, providing a 111(a)(4), and we provide a reasonable rationale for the emissions resulting from the physical change. categorical listing of activities that constitute adopting the approach we take here.

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refracturing activities result in purpose of the refracturing activity is to emissions before alterations take place, rather significant VOC emissions. Our data increase production from its current than the strict NSPS, effectively defines the indicate very low VOC emissions from level. As explained above, at least for standard that an altered facility must meet. gas wells (2.6 tpy on average) at the the short term, VOC emissions from the Asarco Inc. v. EPA, 578 F.2d 319, 328– wellhead during ongoing production affected facility increase as a direct 29 (D.C. Cir. 1978); see, also, 75 FR prior to such activities. In light of the result of the physical change.15 That is, 54970, 54996 (September 9, 2010) above, we reasonably conclude that these emissions would not have (and (‘‘However, sources always have the such activities result in an increase in could not have) occurred without the option of adding sufficient NOX control the amount of VOC emissions and, physical change. Accordingly, we to avoid an hourly emissions increase therefore, constitute a modification. conclude that reliance on the prior and avoid thus triggering the We reject the comments suggesting fracturing activity as a baseline is modification provision.’’). We have that we should adopt the prior inappropriate.16 allowed such controls to permit the fracturing activity as the baseline for De Minimis Exception source to avoid being considered determining if an emission increase has ‘‘modified’’ if the controls fully negate occurred.14 We note that these We recognize that there are reasons to the emissions increase. comments appear in part to rely upon a limit the scope of the modification In this case, we are providing that misunderstanding of the EPA’s definition so as to not include certain where a source has in place, and, longstanding practice that the relevant well-controlled refracturing activities immediately upon flowback, applies baseline for determining an emissions performed by sources. We recognize that emission controls equivalent to those increase under the NSPS is not based on the approach that we are taking in this required for a new source (as specified the potential emissions profile final rule differs from the approach that in 40 CFR 60.5375(a)(1) through (4)), the associated with a prior physical change we have taken in the past, as it excludes physical change will not constitute a or the original construction but rather certain emission increases associated modification despite the small the emissions immediately prior to the with a physical change from remaining emission increase. physical change. See 57 FR 32314, constituting a modification based on the Specifically, well completions 32330 (July 21, 1992) (explaining that, de minimis exception. This exception conducted by sources for refractured under CAA section 111(a), an emission allows agency flexibility in interpreting wells and with the use, immediately increase is based on current potential a statute to prevent ‘‘pointless upon flowback, of emission controls emissions rather than original design expenditures of effort’’ and has been equivalent to those required for new capacity). Accordingly, under historical previously recognized by the United sources will not be considered a regulations, the proposed regulatory States Court of Appeals for the District modification, due to the de minimis language and the final rule that ‘‘initial of Columbia Circuit as an appropriate increase in emissions of such wells production volumes may have been tool when interpreting the CAA section using these controls. Several unique higher than subsequent re-completions 111(a)(4) definition of modification in factors justify finding that application of or refracturing operations because the the context of New Source Review. the de minimis doctrine is appropriate formation has been depleted by Alabama Power Co. v. Costle, 636 F.2d here. production activities’’ does not mean 323, 360 (D.C. Cir. 1979). First, to qualify for the exclusion from Since the inception of the NSPS that there would not be an emissions the definition of modification the source program, certain emission controls increase. Ongoing emissions during day- must be using controls equivalent to could be used by a source to avoid to-day production are very small and are those required were it to trigger the having an activity constitute a not a function of well productivity, NSPS. As a result, the imposition of the modification provided that the controls since these emissions originate from NSPS would not yield additional prevented emissions from increasing. As leaking valves and other components regulatory or environmental benefits. the District of Columbia Circuit that do not leak more or less as See Environmental Defense Fund, Inc. v. production increases or declines. explained: Under provisions of the regulations that are EPA, 82 F.3d 451, 466 (D.C. Cir. 1996). However, flowback emissions following Second, as a result of imposition of refracturing are orders of magnitude not challenged in this litigation, the operator of an existing facility can make any controls emissions are very low in greater than the production phase alterations he wishes in the facility without magnitude. This is both with respect to emissions. becoming subject to the NSPS as long as the the size of the increase associated with Moreover, adoption of a prior level of emissions from the altered facility the physical change and the total fracturing activity as the baseline for does not increase. Thus the level of emissions from the unit after the comparison here is inappropriate. The physical change. Third, the emissions 15 Our data show that the magnitude of ongoing associated with the change, and peak 14 One commenter relies on a passage from a VOC emissions from a producing gas well is proposed, but never finalized, rule preamble to approximately 2.6 tpy or about 14 pounds per day, emissions post change, are time-limited. argue that under the NSPS emission increase test while the magnitude of VOC emissions is 23 tons A well completion is a discrete activity, prechange emissions are based on the highest level over an average period of 7 days, or about 6,600 occurring over a 3–10-day period on an achievable in the 5 years immediately preceding a pounds per day, during a completion operation occasional basis, which may be as physical change. The passage, however, is not following refracturing. At this time, we do not have addressing the NSPS test generally applicable to similar data on emissions from oil wells. infrequent as once every 10 years. This modifications, but, rather, is addressing a specific 16 One commenter claims that one cannot is different from the type of emitting regulatory provision applicable to modifications at determine whether a given well completion activity activity typically regulated as a electric utility steam generating units (EUSGU). See qualifies as a modification based on the proposed modification under NSPS, which would 70 FR 61081, 61089 (October 20, 2005). definition because it is infeasible to measure the Specifically, the preamble discussion is describing amount of flowback emission according to the EPA involve ongoing emissions indefinitely 40 CFR 60.14(h), which states that a change at an in proposing a work practice standard. However, into the future. Further, a source EUSGU will not be a modification if ‘‘such change nothing in CAA 111(a)(4) and 40 CFR 60.2 requires qualifying for this exception must does not increase the maximum hourly emissions quantification of the amount of emission increase, comply with the recordkeeping and achievable at the unit during the five years prior to only that there be an increase as a result of the the change.’’ See, also, 57 FR 32314, 32330 (July 21, physical change. In addition, the commenter’s reporting requirements that are required 1992) (adopting 40 CFR 60.14(h) and contrasting the argument would appear to apply equally to any of new sources. Accordingly, the provision with the pre-existing test). time we set a work practice. increase in emissions from the physical

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change, and the total amount of proposed provision in 40 CFR 60.5420 the EPA’s explanation of why it additional emissions, will be very small. that a workover is considered a declined to regulate certain pollutants We are providing the de minimis modification. The second of these does not discuss PM or hydrogen exception discussed above to provide provisions is being removed in light of sulfide, address the most important states with flexibility in application of comments that there is no common sources of NOX or offer a legal their permitting authority and resources. understanding of this term and, as a justification for its failure to regulate Commenters pointed out that a number result, it may be interpreted to cover methane. The commenter interprets the of state permitting programs are more than the fracturing activities the CAA to mean that the EPA must, every triggered for sources that are subject to EPA intended to cover.17 8 years, (1) review its standards (as it an NSPS as a result of a modification. In summary, as a result of the has done here), (2) determine whether it The EPA recognizes that states are the comments and considerations discussed is ‘‘appropriate’’ to revise them, most appropriate entities to determine above, the final rule provides that well including whether it is appropriate to whether and how sources should be completions conducted on gas wells add additional pollutants to the permitted, and we have concern that are refractured on or after the standards, and (3) if so, revise them regarding potential impacts of this final effective date of this rule are accordingly. rule on states’ permitting resources. modifications and are subject to the Response: In this rule, we are not Accordingly, with this final rule, we NSPS. However, gas wells that undergo taking final action with respect to intend that states retain the discretion to completion following refracturing, with regulation of methane. Rather, we determine whether refracturing the use, immediately upon flowback, of intend to continue to evaluate the activities by sources employing control emission control techniques otherwise appropriateness of regulating methane techniques that are required for new required for new wells and that satisfy with an eye toward taking additional wells will require changes in that other requirements for gas well steps if appropriate. On November 8, source’s permit status. facilities, including notification, 2010, EPA finalized reporting recordkeeping and reporting requirements for the petroleum and Clarifying Changes requirements, are not considered natural gas industry under 40 CFR Part Although we are not finalizing the modified and, as a result, are not 98, the regulatory framework for the proposed definition of ‘‘modification’’ affected facilities under the NSPS. This Greenhouse Gas Reporting Program for the reasons discussed above, we provision is consistent with the NSPS (GHGRP). Beginning in September 2012, believe it is important to address certain program’s history of allowing sources to this program requires annual reporting comments regarding the proposed use certain emission controls to avoid of greenhouse gases (GHG) from large definition in order to clarify the having an activity constitute a emissions sources and fuel suppliers in agency’s intent as it relates to well modification. In this situation, we the United States. Petroleum and completions. For example, we included consider it appropriate to require natural gas facilities will report annual ‘‘natural gas’’ in the proposed definition notification, recordkeeping and methane and carbon dioxide (CO2) for ‘‘modification’’ in recognition that reporting requirements in order to emissions from equipment leaks and our proposed work practice ensure that a source is meeting the venting, and emissions of CO2, methane requirements for well completions use requirements to avail itself of this and nitrous oxide from flaring, onshore natural gas as a surrogate for VOC. We provision. We believe this approach will production stationary and portable consider natural gas to be an encourage early use of REC and will combustion emissions, and combustion appropriate surrogate for VOC for well result in 1,000 to 1,500 REC that would emissions from stationary equipment completion activities because our not otherwise occur during the REC involved in natural gas distribution. The analyses of data on composition of phase-in period ending January 1, 2015, EPA estimates that the rule will cover natural gas at the wellhead indicated discussed in section IX.B of this 85 percent of the total GHG emissions that emissions of natural gas during well preamble. from the United States petroleum and completions contain various chemical natural gas industry with approximately 2. Regulation of Methane and Other species that are VOC. The inclusion of 2,800 facilities reporting. The data Pollutants natural gas in the proposed definition submitted under the GHGRP will for modification was not an indication Comment: One commenter believes provide important information on the that EPA was proposing natural gas as that under CAA section 111, the EPA location and magnitude of GHG a pollutant to be regulated, as some must regulate each dangerous pollutant emissions from petroleum and natural commenters mistakenly thought. emitted by sources in the oil and gas gas systems and will allow petroleum We also received comment objecting source category in more than de and natural gas facilities to track their to defining ‘‘modification’’ based on minimis quantities for which controls own emissions, compare them to similar increase in the ‘‘amount of emission’’ are available and asserts that the EPA facilities and aid in identifying cost- instead of ‘‘emission rate’’ as provided has failed to do so. In particular, the effective opportunities to reduce in the General Provisions for commenter states that the EPA must emissions in the future. modifications in 40 CFR 60.14. We had regulate methane, particulate matter As noted in the proposal, the control intended but were not clear in our (PM), hydrogen sulfide and nitrogen measures that the EPA is requiring for proposed rule that the definition would oxides (NOX) from oil and gas VOC result in substantial methane apply only to well completions. In the operations. The commenter states that reductions as a co-benefit. Over time, final rule, we have promulgated the collection of data through the GHGRP provisions discussed above regarding 17 We are not considering ‘‘workovers’’ to be and other sources will help EPA modifications because: (1) They include truly evaluate whether it is appropriate to well provisions in lieu of the proposed routine activities; (2) in most instances we would definition for modification to clarify our anticipate only a small emissions increase, if any; directly regulate methane from the oil intent. and (3) we have no reason to think that these wells and gas sources covered by this rule. Finally, this provision is intended to differ in emission profile or control options from The EPA will be in a better position to address comments suggesting confusion non-fractured wells (or fractured wells after flow characterize (1) the extent of methane back), and accordingly we have not identified a associated with our proposed definition BSER that would apply following any such emissions from these sources that will of ‘‘modification’’ and the separate, modification. remain after imposition of controls

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required by this rule; and (2) whether at the wellhead and vented emissions assertions, the EPA has viewed this additional measures are available and from well completions, storage vessels, source category listing very broadly. appropriate for addressing such pneumatic controllers and compressors. Specifically, when promulgating the emissions. However, as mentioned above, the VOC first sets of standards of performance for With regard to other pollutants, control measures provided in the final this source category, we stated that the including PM, H2S and NOX, many of rule for well completions, storage source category ‘‘encompass[es] the the sources of PM and NOX within the vessels, pneumatic controllers and operations of exploring for crude oil and Crude Oil and Natural Gas Production compressors greatly reduce any H2S natural gas products, drilling for these source category are within the scope of emissions along with the VOC products, removing them from beneath units covered by other NSPS and will be emissions controlled. the earth’s surface, and processing these evaluated in the context of subsequent products from oil and gas fields for 3. Expanded Scope of the Source revisions of those rules, if appropriate. distribution to petroleum refineries and Category This approach is consistent with what gas pipelines.’’ 49 FR at 2637 (emphasis the agency articulated when we Comment: One commenter states that, added). That preamble linked the promulgated the original oil and gas in the preamble, the EPA makes endangerment finding under CAA rules. See 49 FR 2637. For example, reference to its proposal to significantly section 111(a) to the industry as a NSPS covering stationary reciprocating expand the scope of oil and gas whole: ‘‘The crude oil and natural gas internal combustion engines (40 CFR operations that would be covered by the production industry causes or part 60, subparts IIII and JJJJ) and new NSPS, and states that ‘‘[t]o the contributes significantly to air pollution combustion turbines (40 CFR part 60, extent that there are oil and gas that may reasonably be anticipated to subpart KKKK) regulate emissions of operations not covered by the currently endanger public health or welfare’’ PM and NOX from sources found in this listed Oil and Natural Gas source (Emphasis added). 49 FR 2636. The category. These engines and turbines are category, pursuant to CAA section statements above affirm our conclusion found in a variety of locations in this 111(b) we hereby modify the category that the currently listed Oil and Natural category including gathering and list to include all operations in the oil Gas source category covers all boosting stations, natural gas processing and natural gas sector’’ (citing 76 FR operations for which we are setting plants and natural gas transmission and 52745, August 23, 2011). The standards. That the original NSPS’s only storage facilities. In addition, some commenter is not aware of any authority set standards for a limited set of sources mobile source regulations (40 CFR part pursuant to which the EPA may affect within the category cannot be taken to 1039) cover nonroad engines such as a significant expansion of the category imply that other units were not within those used on drilling rigs, electrical list merely through the language of the the scope of this original listing. See, generators and hydraulic fracturing preamble in an NSPS rulemaking. The e.g., Nat’l Lime Ass’n v. EPA, 627 F.2d pumps. As we discussed at proposal commenter states that, in a related at 426 n. 27 (noting that the EPA set (see 76 FR 52756) most, if not all, of the context, the CAA requires that the EPA standards for only certain kiln types process heaters and boilers used in this engage in consultation with state within the source category). Indeed, the category fall below applicability governors and air pollution control preamble to the 1984 proposed NSPS thresholds for EPA’s boiler rules (40 agencies, suggesting that more than a rule directly addresses regulation of CFR part 60, subparts Db and Dc). preamble reference is needed in order to wells, concluding that the agency was Although these smaller heaters and expand the category list and impose not setting standards at that time; not boilers are generally within the scope of NSPS requirements on the new and because they were outside the scope of this category, we received no unique affected sources addressed in the source category, but because the quantitative data in the public this rule. See 42 U.S.C. 7411(f)(3). The agency was unable at that time to comments on NOX or PM emissions commenter asserts that the sources the identify ‘‘[b]est demonstrated control from these units. Given the broad EPA seeks to regulate are different types technology.’’ 49 FR at 2637. As all of the coverage of the PM and NOX sources in of stationary sources than gas processing units that we are regulating fall within this category by other NSPS we did not plant, and contends that oil and gas the scope of the original listing, we need depart from the approach adopted in production wells are stationary sources, not address what steps would be 1984 of considering these pollutants in but are, clearly, not processing plants. necessary were we to expand the scope development of other standards. Response: Because EPA has of the listing. Although the NSPS does not provide concluded that the currently listed Oil direct regulation of H2S, the VOC and Natural Gas source category covers B. Major Comments Concerning Well control requirements in the final rule at least those operations in this industry Completions achieve reductions of H2S a co-benefit for which we are finalizing standards, 1. Applicability and Exemptions in cases where H2S is otherwise emitted we need not address what steps the a. Well Exemptions in the oil and natural gas production agency must take if expanding a source segment. While amine treatment and category.18 As we explained in the Comment: One commenter suggests sulfur recovery are routinely employed preamble to the proposed rule, when the adding ‘‘appraisal wells’’ as a third both upstream and at natural gas EPA initially listed this source category, subcategory of well to be exempt from processing plants to remove H2S from it did so in a document where it the REC requirements, and defines these the natural gas stream, we believe that described its listings as broad. 76 FR at wells as those drilled in an area where it would not be reasonable or cost- 52745.19 Contrary to commenters the reservoir has not been classified for effective to require amine units and that area as containing proved reserves sulfur recovery for every emission point 18 For the same reason, we need not address the of natural gas. According to the in the oil and natural gas production comment claiming that CAA section 111(f)(3) commenter, adding this definition and segment. We received no public requires that the EPA consult with state governors exemption better reflects the universe of comments suggesting other control before amending CAA section 111(b) listing. 19 While not required to do so, we have included wells for which a gas flow line system technologies that could be applied to the Background Information Document for the control H2S in the field. Such emissions listing rule in the docket for this rule. We note that scope of the listing beyond our interpretation of the occur in the field as fugitive emissions those documents shed no additional light on the listing preamble described in the proposed rule.

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will not be available. The commenter (psia)) minus 0.038 times the vertical for wells that fall below the pressure adds that it also avoids a potential well depth (in feet) minus 67.578 psia threshold, the EPA has determined that problem where a shale play appraisal is less than the flow line pressure at the the BSER for reducing VOC emissions well system is effectively compelled to sales meter. Thus, wells above this for this subcategory of wells is a install a flow line system before the pressure differential must implement completion combustion control device. wells are determined to be economically REC, while wells below this pressure However, the EPA encourages the use of viable, in order to assure compliance differential are required to route REC with combustion should that be a with 40 CFR part 60, subpart OOOO. emissions to a completion combustion viable option for any well within this Response: The EPA recognizes that a device. subcategory. Therefore, in the final rule, flow line at the well pad is a necessary The EPA solicited comment in the for non-wildcat and non-delineation precondition to capture flowback gas for proposed rule on situations where REC wells with a pressure drop below the emissions control so that the REC may be infeasible and criteria and differential described above, the EPA process has an outlet for the captured thresholds for distinguishing well requires the use of either a completion gas. However, the EPA does not agree completion operations in those that appraisal wells need to be exempt. situations from others where REC is combustion device or REC with Appraisal wells are drilled and then feasible. As noted above, several combustion to control gas not suitable logged to assess productivity. If well commenters highlighted the technical for entering the flow line. logs indicate that the well is productive, issues that prevent an operator from Comment: Several commenters then fracturing will be performed, and implementing an REC on a low pressure address parameters for defining which the cost to fracture, complete and gas well, which is the inability to attain well completions would be subject to produce the well, including installing a a gas velocity sufficient to clean up the REC requirements. Commenters request flow line, will be incurred. If the well well when flowing against the flow line that the EPA exempt wells with low logs indicate the well is not backpressure. Based on this VOC concentrations from the REC economically productive, then no information, the EPA agrees that a requirements and not issue the fracturing occurs and the NSPS does not pressure differential threshold is proposed standards before reconsidering apply. The EPA, therefore, believes it is reasonable and addresses the technical the emissions estimates. One reasonable to require appraisal wells limitations of low pressure gas wells to commenter suggests that the EPA that are hydraulically fractured to produce to the flow line during exempt hydraulically fractured natural comply with Subcategory 3 rule completion. gas horizontal wells with de minimis requirements. As noted above, a commenter VOC concentrations because the cost recommended specific approaches to b. Threshold for Low Pressure (Low per ton of VOC reductions is extremely developing a pressure threshold, high for these wells and the emissions Volume) Gas Wells and Wells with Low including specifying that any well from the combustion of the produced or No VOC Emissions whose reservoir pressure is less than 4 gas could worsen ozone formation in the Comment: One commenter expresses times (in absolute units) the line area. Commenters also provide, as support for the REC requirements and pressure measured at the flow meter urges the EPA to limit the number of would be exempt from any requirement examples, some wells with low or no well completions exempted from the to flow to the flow line during the VOC as support for exempting wells requirements as much as possible. flowback period. This recommendation with a low VOC content or for Several commenters contend that not all is based on a flowing bottom hole to exempting certain classes of wells such well completions can be conducted reservoir pressure ratio of 1:2 and a line as coal bed methane. Several successfully under a requirement to pressure to flowing bottom hole commenters contend that coal bed flow back to the flow line, since the pressure of 1:2. The EPA concurs with methane wells have low VOC, while imposition of the flow line backpressure the commenter that flowing bottom hole several other commenters contend that may reduce the flowback gas velocity pressure can be represented as half of coal bed methane wells have no VOC. sufficiently so that it is not energetic the reservoir pressure for this rule. The Some commenters provide examples of enough to clean up the well of liquid EPA disagrees with the commenter that coal bed methane wells with low VOC and sand. One commenter recommends line pressure can be represented as half or no VOC, and one commenter that any well whose reservoir pressure of the flowing bottom hole pressure for provides an example of a shale gas well (measured at the wellhead immediately this rule since this pressure relationship with no VOC. after perforation) is less than 4 times (in can be more accurately determined Response: The EPA acknowledges absolute units) the line pressure using the Turner equation for liquids that the VOC concentration in natural measured at the flow meter, would be unloading from a well paired with gas can vary across wells and reservoir exempt from any requirement to flow to models relating fluid velocity to types such as coal bed methane (CBM), sales during the flowback period. pressure drop. Therefore, the EPA has shale and tight sands. However, the According to the commenter, variability modeled a worst-case pressure drop information provided in the comment is in reservoir and line pressures across factor between the line pressure and insufficient for the EPA to determine the United States makes setting a flowing bottom hole pressure and has that any specific class of wells, or wells specific pressure threshold difficult. established a pressure threshold using with VOC concentration below a Response: The EPA has established this factor and the 1:2 factor for flowing specific threshold, would not be cost- three subcategories of wells in response bottom hole pressure to reservoir to public comments, as described above. pressure. The result of this modeling is effective to regulate, as the commenters One of those categories comprises non- the equation discussed above in the recommend. For example, several wildcat and non-delineation low definition of low pressure gas wells. commenters contend that CBM wells pressure gas wells. Low pressure gas As discussed in the proposal have low or no emissions. In response wells are defined as wells with reservoir preamble, potential control options are to comments received, the EPA assessed pressure and vertical well depth such REC with combustion or a completion the VOC content of CBM wells, that 0.445 times static reservoir pressure combustion device alone. Because REC including a review of the gas (in pounds per square inch absolute may not always be technically feasible composition data presented in the gas

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composition memo20 available in the compositional analyses to demonstrate Comment: One commenter states that, docket and in an article21 by the United compliance with the rule. based on the EPA’s discussion in States Geological Survey. The VOC c. Definition of Gas Well Section 4 of the Technical Support concentrations among CBM wells will Comment: Several commenters Document (TSD), it appears the EPA’s vary and are not always low. The mentioned that the proposed definition intent is to require reduced emissions limited CBM data submitted by the of ‘‘gas well’’ was unclear due to the completions only for natural gas wells. commenter, while suggesting low-VOC term ‘‘principal production’’ used in The commenter supports that the EPA describing what the well produces. One concentrations at some CBM wells, is applied reduced emissions completions commenter requests that the definition not to the contrary. Accordingly, we only to natural gas wellhead facilities conclude that it would be inappropriate of gas well be modified to be each respective state’s definition of gas well. and excluded oil wellhead facilities and to provide a categorical exclusion for other types of gas wells which have such wells. The commenter states that, by doing this, the EPA would eliminate any little or no VOC emissions. The We also have determined that confusion associated with having to commenter states that, as shown on providing a low-VOC concentration apply different criteria (NSPS versus page 4–13 on Table 4.4, Nationwide exclusion would be inappropriate, both state regulations) for how to define a Baseline Emissions from Uncontrolled because the submitted data do not well-type in assessing the applicability Oil and Gas Well Completions and support such an exclusion (they do not of the rule. Recompletions, of the TSD, there are demonstrate that such circumstances are Response: In response to comments only 134 tpy of VOC emissions from oil frequent) and because of requesting further clarity in the well completions and recompletions for implementation concerns. Specifically, definition, the EPA has revised the even if such a VOC concentration the entire United States, which is not definition. The proposed definition was worth regulating. threshold described above can be ‘‘Gas well means an onshore well, the determined, to ensure compliance with principal production of which at the One commenter recommends the the rule, an operator would have to mouth of the well is gas.’’ In the final following revision: ‘‘Gas well means a determine with certainty before rule, in response to the comments we well, the principal production of which production, whether a particular well received, the EPA has revised the at the mouth of the well is [add: was going to be above or below the definition to exclude the phrase ‘‘at the hydrocarbon gas, not CO2] * * * Well threshold in order to mobilize the mouth of the well is gas.’’ Based on this means an oil or gas well, a hole drilled necessary capture equipment and secure revision, the definition for the final rule for the purpose of producing oil or gas, a flow line, etc. This would require the is ‘‘Gas well or natural gas well means or a well into which fluids are injected.’’ operator to determine the reservoir an onshore well drilled principally for One commenter proposes the following composition, e.g., the gas composition production of natural gas.’’ revision: ‘‘Gas well means a well, prior to separation, in advance of the EPA’s intent in setting standards for [DELETE the principal production of well completion (i.e., the determination completion of hydraulically fractured which at the mouth of the well is gas] of whether the well would be subject to gas wells is to require reduced completed for production of natural gas the NSPS would have to be performed emissions completions for wells where from one or more gas zones or before the information on which to base infrastructure is generally present to get reservoirs. Such wells contain no such a determination would be recovered natural gas to market. Our completions for the production of crude available). Although nearby existing understanding is that owners and oil.’’ The commenter also proposes the wells could potentially provide some operators plan their operations to following revision: ‘‘Gas well means a indication of the general VOC content of extract a target product and evaluate the gas from the future well in question, whether the appropriate infrastructure well [STRIKETHROUGH: the principal there would be no assurance of is available to ensure their product has production of which at the mouth of the certainty. In addition, the operator a viable path to market before well is gas.] [ADD TEXT: completed for would need to certify that the reservoir completing a well. We expect that the production of natural gas from one or sample is going to stay consistent and final rule will result in control of more gas zones or reservoirs. Such wells representative of the gas stream hydraulically fractured gas wells drilled contain no completions for the throughout the full completion process in the four formation types generally production of crude oil.]’’ through multiple gas composition accepted as gas-producing formations: Response: Although some wells analyses. (1) High-permeability gas, (2) shale gas, drilled in crude oil formations may Taking into account the variability in (3) other tight reservoir rock or (4) coal produce associated gas along with the VOC concentrations across reservoir seam. We believe that the wording oil, without a gas infrastructure present, types, the EPA’s cost analysis illustrates changes made to the definition of ‘‘gas the EPA does not have sufficient data on that these requirements are cost- well’’ clarify the intent so that VOC emissions during completion of effective, especially when taking into implementing agencies and industry hydraulically fractured oil wells to set account the gas savings. Compliance will not be burdened with complex standards for these operations at this applicability determinations. with a VOC concentration threshold- time.22 As a result, the final rule will With respect to using State gas well based rule for well completions could not affect drilling of oil wells. actually increase the burden to the definitions, basing applicability on operator by requiring numerous different definitions from State to State could introduce inconsistencies that are 22 In the proposed rule, we briefly assessed well completions of hydraulically fractured oil wells and 20 Memorandum from Brown, Heather, EC/R Inc., counter to the goal of nationwide did not believe that either REC or a completion to Moore, Bruce, EPA/OAQPS/SPPD, Composition regulation. We believe the NSPS, being combustion device is cost effective for reducing of Natural Gas for use in the Oil and Natural Gas a national rule, should contain a single VOC emissions from such operations. We note, Sector Rulemaking, July 28, 2011. Docket ID No. definition applicable nationwide. however, that this brief assessment of oil wells in EPA–HQ–OAR–2010–0505–0084. the proposed rule was based on limited information 21 Rice, Dudley, Composition and Origins of However, states may choose to use a at the time and that more information is needed for Coalbed Gas, U.S. Geological Survey, Denver, definition more expansive than our us to fully evaluate the VOC emissions and control Colorado. definition for their programs. options for these operations.

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d. Availability of Infrastructure to clarified in the final rule, that these Response: The EPA agrees that Convey Gas to Market standards require that the well prescribing specific equipment to Comment: Various commenters have completion flowback be conducted accomplish a reduced emissions asserted that, in some cases, REC cannot using a combination of collection (i.e., completion is not necessary and has be performed on some wells because REC), combustion and venting, revised the rule language to not there is no gathering line available to depending on the characteristics prescribe specific equipment. The convey gas produced during the (including flammability) of the flowback operational standards provided in the completion flowback period. material and feasibility of routing the NSPS allow the operator flexibility to Response: As explained above, it is gas to a collection system to be perform the REC using equipment and our understanding that owners and conveyed to market. Both the proposed practices best determined by the operators plan their operations to and final rules express our intent to operator. As a result, we believe that a extract a target product and evaluate require REC only where there is salable BMP plan developed by the EPA would whether the appropriate infrastructure quality gas to the gather line. See 76 FR not provide a higher degree of emissions access is available to ensure their 52800 and 40 CFR 60.5375(a)(2) of the control and could hinder innovation. product has a viable path to market final rule. Section 60.5375(a)(3) in the final rule 3. Availability of Equipment and before completing a well. However, in provides: ‘‘you must capture and direct Trained Personnel the standards for gas well affected flowback emissions that cannot be Comment: Commenters state that the facilities, the provisions of 40 CFR directed to the flow line to a completion supply of REC equipment and personnel 60.5375(a)(1) through (4) apply to all combustion device, except in conditions is insufficient to meet the requirements fractured gas wells that are not that may result in a fire hazard or of the proposed rule, applied nationally. exploratory wells, delineation wells or explosion, or where high heat emissions According to commenters, proper low pressure wells. These standards from a completion combustion device surface equipment, collection require that the well completion may negatively impact tundra, infrastructure and qualified personnel flowback be conducted using a permafrost or waterways. Completion are not readily available; they assert that combination of collection (i.e., REC), combustion devices must be equipped this equipment is fairly specialized, the combustion and venting, depending on with a reliable continuous ignition shops licensed to make it are limited the characteristics of the flowback source over the duration of flowback.’’ and some of the components require a material and feasibility of routing the Under this provision, operators who long lead time. For these reasons, gas to a collection system to be employ energized fracturing using inert commenters indicate that compliance by conveyed to market. Section gases and cannot route the flowback gas the issuance date of the rule would be 60.5375(a)(3) provides: to a collection system because of poor unrealistic and that the EPA should ‘‘You must capture and direct flowback gas quality must direct the flowback to provide a longer compliance period. emissions that cannot be directed to the flow a completion combustion device with a Response: Based on information line to a completion combustion device continuous ignition source. Although submitted by commenters, we have * * *’’. part of the flowback gases directed to reason to believe that, currently, there is We believe that owners and operators the combustion device would not be already significant demand for REC of gas wells subject to 40 CFR 60.5375(a) flammable, the ignition source will equipment. For example, Colorado, that require REC for a portion of the ignite the flammable portion of the Wyoming, the City of Fort Worth, Texas, flowback period will exercise due flowback, including VOC. Therefore, the and the City of Southlake, Texas, diligence in coordinating the presence of inert gases such as nitrogen require REC under certain conditions. completion event with availability of a and CO2 in the flowback gas has no Additionally, public comments, reports flow line to convey captured gas to bearing on the VOC reduction we expect to the EPA’s Natural Gas STAR Program market. However, there may be cases in to achieve through the NSPS or on and press statements from companies which, for some reason, the well is compliance with provisions of the final indicate that some producers implement completed and flowback occurs without rule. REC voluntarily, based upon economic and environmental objectives. If REC suitable flow line available. In those 2. Rule Should Not Prescribe Equipment isolated cases, we believe 40 CFR were to be immediately required of all 60.5375(a)(3) provides for gas not being Comment: Several commenters well completions, NSPS would place collected and instead combusted or suggest revising 40 CFR 60.5375(a)(2) significant additional demands on REC vented pursuant to that section. equipment requirements to be less equipment supply and experienced prescriptive, especially in cases where personnel. e. Fracturing of Wells Using Nitrogen use of specified or all listed equipment As the near-term supply of REC and Carbon Dioxide may not be necessary, and to provide equipment and trained personnel will Comment: One commenter suggested flexibility to include newly developing be insufficient to meet the new national that wells that are fractured using technology. Other commenters assert demand for equipment and labor, nitrogen or CO2 should be exempt from that language in 40 CFR 60.5375(a)(1) immediate compliance with the REC the NSPS but did not provide and (2) stating that source owners or requirements could be impossible, supporting rationale. Other commenters operators should ‘‘minimize the potentially causing producers to delay expressed concern that inert gases such emissions associated with venting of well completions until appropriate as nitrogen are not flammable, making hydrocarbon fluids and gas’’ and that equipment and labor are available. compliance with the combustion ‘‘[a]ll salable gas must be routed to the Resulting delays in well completions provisions of the NSPS impossible. gas gathering line as soon as while awaiting equipment availability Response: We believe that the practicable’’ is vague and recommended could cause a decrease in the standards for well completions a requirement that facility owners nationwide natural gas supply and adequately address the concerns follow a Best Management Practice would drive up the cost of completions expressed by operators using nitrogen (BMP) plan that the EPA could develop, doing REC. It is not the EPA’s intent to and/or CO2 for fracturing. We provided informed by the Natural Gas STAR set in motion a series of events through in the proposed rule, and further program. this rule that has the potential to affect

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the natural gas supply and increased hydraulically refractured natural gas delivering 50 units per quarter roughly cost of REC would undermine our BSER well completions will be performed in 1 year after the compliance date. analysis. Accordingly, it is important a representative year, which includes Surveys conducted by one commenter that the EPA consider the availability of completions in states which currently indicate that nine companies expect to REC equipment and personnel in its have REC requirements. The revised perform more REC than the current BSER analysis. estimate also reflects a change in the stock is capable of. Given this growing Through EPA and industry events and refracture frequency of existing wells demand, it is reasonable to assume collaborative studies, the EPA has from 10 percent to 1 percent based on industry can deliver units during the interacted with operating companies information provided by commenters. build-up period of the first year of that have extensive experience Of the total hydraulically fractured well implementation, which would reduce implementing REC. In particular, the completions, the EPA estimates that the time required to meet full demand EPA developed a detailed study 23 on about 11,300 REC will be required another year to a total of about 3.25 REC in collaboration with service nationally on the basis of the final rule’s years (Scenario B). providers. Based on this experience, the provisions for wildcat (exploratory) and The EPA also assessed whether the EPA has gained extensive information delineation wells, flowback gas pressure productivity of equipment in use could on this technology. Despite these efforts, and natural gas well completions be higher than the 12.5 REC/year/unit the EPA is not aware of any quantitative conducted on existing gas wells that are derived from the comment, and the information on the current and future subsequently fractured or refractured. potential impact of such increase on the supply of workers trained in REC This estimate excludes REC required by equipment supply. The EPA estimated techniques. state regulations. that flowback periods will typically be The EPA received data on the current Assuming a REC unit performs 12.5 3 to 10 days with 7 being a reasonable and future supply of REC equipment. REC/year, as is asserted by the average. Therefore, because it is likely According to one commenter, about 300 commenter, about 900 units would be that a REC unit could be moved to REC units are in use today, with the required. This implies a current another well site and be in operation in ability to process about 4,000 wells per shortfall of about 600 units, based upon less than 20 to 27 days, it is reasonable year, and 1,300 additional units would the numbers and assumptions provided to conclude that each REC unit can be required to perform 20,000 REC per by the commenter. The commenter perform more than 12.5 REC/year. year. About 1,600 units performing states that industry can deliver about 50 If the utilization rate of REC units is 20,000 REC/year implies a REC units per quarter, after a 1-year build-up increased gradually from performing productivity rate of about 12.5 REC/ period. Given that the EPA does not 12.5 REC/year/unit to 14 to 18 REC/ year/unit, or roughly each unit have an alternative estimate of the year/unit, the time required to build the performing one REC per month, on number of REC units industry can supply of REC units decreases average. produce per year, we adopt the estimate (Scenarios C–G). As Table 6 shows, each The NSPS proposal estimated 9,300 of 50 units per quarter for this analysis, 1 REC/year/unit increase reduces the REC performed for new natural gas well although the EPA disagrees with the build-up time by about 1 quarter. As is completions and 12,200 REC performed assumption that a 1-year build-up shown in Scenarios C and G, increasing for existing natural gas well completions period is required. Using the the utilization rate of REC to 14 to 18 following refracturing would be commenter’s assumptions, it would take REC/unit/year with industry supplying required, in addition to those already about 4.25 years to meet demand. This new units beginning with the required by state regulations. In the scenario is depicted in Scenario A in compliance date would provide analysis supporting the final rule, the Table 6 below, assuming compliance is between 1.75 and 2.75 years for full EPA revised estimates show 11,403 initiated at the beginning of the second build-out of the REC unit supply by the hydraulically fractured and 1,417 quarter, 2012, and the industry begins beginning of calendar year 2015.

TABLE 6—REC UNIT SUPPLY ANALYSIS

Scenario A B C D E F G

RECs Required...... 11,301 11,301 11,301 11,301 11,301 11,301 11,301 RECs/year/unit ...... 12.5 12.5 14.0 15.0 16.0 17.0 18.0 Units Needed...... 904 904 807 753 706 665 628

Stock in Existence (assume industry can build 50 units/quarter; assuming industry starts with 300 units); compliance begins approximately at the end of the second quarter, 2012.

2012 (Q1)...... 300 300 300 300 300 300 300 2012 (Q2)...... 300 300 300 300 300 300 300 2012 (Q3)...... 300 350 350 350 350 350 350 2012 (Q4)...... 300 400 400 400 400 400 400 2013 (Q1)...... 300 450 450 450 450 450 450 2013 (Q2)...... 300 500 500 500 500 500 500 2013 (Q3)...... 350 550 550 550 550 550 550 2013 (Q4)...... 400 600 600 600 600 600 600 2014 (Q1)...... 450 650 650 650 650 650 650 2014 (Q2)...... 500 700 700 700 700 700 ...... 2014 (Q3)...... 550 750 750 750 750 ...... 2014 (Q4)...... 600 800 800 800 ...... 2015 (Q1) ...... 650 850 850 ......

23 Available at: http://www.epa.gov/gasstar/ documents/reduced_emissions_completions.pdf.

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TABLE 6—REC UNIT SUPPLY ANALYSIS—Continued

Scenario A B C D E F G

2015 (Q2) ...... 700 900 ...... 2015 (Q3) ...... 750 950 ...... 2015 (Q4) ...... 800 ...... 2016 (Q1) ...... 850 ...... 2016 (Q2) ...... 900 ...... 2014 (Q3) ...... 950 ......

Because of uncertainties in the supply specify that ‘‘[a] gas well facility that that the annual recompletion frequency of equipment and labor over the near- conducts a well completion operation can be as low as 0.1 percent and as high term, and based on our analysis following hydraulic refracturing is not as 0.8 percent. Based on this described above, the EPA concludes that an affected facility, provided that the information, the EPA has revised its REC may not always be available requirements of section 60.5375 are estimate of re-fracturing frequency from through 2014. Therefore, during this met,’’ may provide an additional 10 percent to 1 percent of fractured gas period, the BSER for well completions incentive for producers to use REC units wells per year. The EPA rounded the is to combust completion emissions. prior to January 1, 2015, if they can figures provided by the companies to REC with combustion as an alternative obtain appropriate equipment and labor. reflect the uncertainty in the data. to combustion is permitted by the rule Also, considering the requirement in 5. Definition of Affected Facility so that facilities that are able to obtain some states that any source subject to a REC equipment may still capture federal NSPS must get a state minor Comment: Several commenters assert completion emissions using a REC. source air permit, we anticipate that the that a well completion is different from After January 1, 2015, capturing desire to avoid even short term delays a well workover and should be better completion emissions using a REC will caused by state permitting, as well as defined in the rule. be considered BSER. This period will the associated costs, will serve as an Response: Based on the comments permit the companies producing REC incentive for the use of REC during well received, the EPA acknowledges that the units to increase production to levels completion operation following term ‘‘workover’’ is a general term that sufficient to meet new demand. In hydraulic refracturing, including may have a number of different addition, because more REC will be operations prior to January 1, 2015. meanings. Based on the various performed as a result of this rule, the Furthermore, as January 1, 2015, definitions of the term provided by the EPA believes that producers will take approaches it is highly likely that commenters, we realize that workover advantage of scale economies and use providers of REC equipment and related may be interpreted to include routine REC units at a higher rate of services will be increasing availability maintenance activities that we did not productivity than the rate implied by of such equipment and services in ways intend to cover under the rule and which result in no increase in comments received. that benefit supply and price. For these emissions. Therefore, in the final rule The EPA believes that the NSPS, as reasons, the EPA anticipates that during we have revised the definition of ‘‘well finalized, will minimize the risks of the period between promulgation and completion operation’’ to exclude the producers slowing well completion- January 1, 2015, between 1,000 and term ‘‘workover’’ and, instead, include related activities to obtain appropriate 1,500 wells will be recompleted with the phrase ‘‘with hydraulic fracturing.’’ equipment and labor. While there REC units, notwithstanding the would be NOX formation as a result requirements of 40 CFR 60.5375(a) and C. Major Comments Concerning from the additional combustion of the combustion option they provide. Pneumatic Controllers completion emissions during the phase- in period, VOC emissions reductions 4. Cost and Emissions Calculations 1. Definition of Affected Facility would be maintained because Comment: Some commenters request Comment: Some commenters request completion emissions will be either the EPA to fully explain or reconsider that the EPA consider excluding or combusted or captured. The EPA the 10-percent rate of refracturing of exempting emergency and/or safety maintains that the benefit of the VOC wells. system devices (such as a pilot operated reduction during the phase-in period far Response: In response to comment, pressure relief valve). According to one outweighs the secondary impact of NOX the EPA has reevaluated the assumption commenter, safety system devices formation during pit flaring. The phase- that, on average, each fractured gas well typically do not emit gas unless there is in period would also minimize the is re-fractured every 10 years, which an emergency, have a near-zero VOC- possibility that the cost of REC equates to approximately 10 percent of level static state and, if regulated, could equipment and labor increases over the fractured gas wells being re-fractured be replaced by substandard, cheaper near-term, enabling producers to better each year, based on drilling and re- technology of spring operated valves plan efficient use of existing and new fracture records from an industry which would create much more leakage capital and labor, and providing representative. Based on its review of of gas into the environment. additional time for innovation in REC the comment, including references With regard to emergency situations, technologies and/or practices. We noted in the comment and other another commenter argues that the believe this period provides ample time information available to the agency, the proposed standards that apply to for this technology to be built and EPA concluded that it had pneumatic controller affected facilities available for use. overestimated the re-fracturing (40 CFR 60.5390(b)) could inhibit safe At the same time, for wells frequency. The information reviewed by plant operation during an emergency undergoing recompletions during the the EPA, which, altogether, represent because they require that each period prior to January 1, 2015, the over 20,000 gas wells over multiple pneumatic controller located at a terms of 40 CFR 60.5365(h), which years, some as far back as 2000, indicate natural gas processing plant have zero

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natural gas emissions. According to the not be ‘‘affected facilities.’’ According to devices, no-bleed pneumatic devices (by commenter, a gas-powered controller is this commenter, some designed high- design), self-contained devices and a reliable alternative for safe plant bleed devices may be isolated from the devices driven by instrument air. The operation during emergencies, and the gas pressure with a valve and operated revised definitions also exclude from commenter suggests that the final rule manually on an intermittent basis. The the NSPS coverage owners and include an exception to allow gas plants commenter wants clarification in the operators who are already using to use natural gas-driven pneumatic rule that will allow an operator to use (including replacement) pneumatic controllers for emergency plant a high-bleed device if it is operated in controllers that meet the applicable shutdown and subsequent startup. a manner that keeps its emission levels standards, thus, relieving them from the With regard to high-bleed pneumatic less than 6 scfh. cost and other burdens related to controllers, several commenters request One commenter requests that the EPA compliance. that the EPA further explain when the clarify in the final rule that the Regarding the comments related to use of high-bleed pneumatic controllers distribution segment and self-contained solar-powered controllers, fuel-cell is allowed and provide specific devices that release gas to a downstream powered controllers, mechanically- examples of exemptions. The pipeline instead of to the atmosphere controlled devices and no-bleed devices commenters suggest exemptions that are exempt. Another commenter argues wherever electricity is available, we address situations such as those where that no-bleed pneumatic devices have considered these types of devices in the the natural gas includes impurities that zero emissions and, thus, should not be BSER analysis, as discussed in the TSD. could increase the likelihood of fouling included in the proposed rule. Any such controller system would a low-bleed pneumatic controller, such One commenter discusses the use of require a backup system (consisting of at as paraffin or salts; where weather solar-powered controllers, fuel-cell least an electrical generator) to operate conditions could degrade pneumatic powered controllers and mechanically- the controllers when the primary system controller performance; during controlled devices in remote locations was inoperable. When considering the emergency conditions; where flow is not as an alternative to natural gas where cost of the backup system, these options sufficient for low-bleed pneumatic grid electricity is not available. This were not cost-effective. We, therefore, controllers; where electricity is not commenter also recommends that the do not believe that they are BSER for available; and where engineering EPA set a zero emissions standard based reducing VOC emissions from judgment recommends their use to upon no-bleed devices wherever pneumatic controllers where grid maintain safety, reliability or efficiency. electricity (either from a grid or from electricity is not available. We also Several commenters request that the field power sources) is available within decline to set a zero emission standard EPA provide additional information a reasonable distance from the facility ‘‘wherever electricity * * * is available about how to demonstrate that the use and suggests that the EPA could within a reasonable distance,’’ as a of high-bleed pneumatic controllers is establish an exemption to no-bleed commenter suggests. We have no predicated, as stated in proposed 40 devices where low-bleed devices are information, nor has the commenter CFR 60.5390(a). The commenters necessary because no-bleed devices provided any, on how to determine the suggest that this exemption is very cannot be feasibly installed. suggested ‘‘reasonable distance.’’ vague, will allow for excessive Another commenter states the Comment: Several commenters emissions and is not enforceable. definition of ‘‘pneumatic controller’’ is request an exemption for all affected Response: The EPA included in the unclear and should be revised. facilities handling gas with less than 10- proposed rule exemptions from the Response: In the final rule, the EPA percent VOC content by weight. Some NSPS to allow the use of a controller has revised the definition of ‘‘affected commenters offer suggestions for such with a natural gas bleed rate greater than facility’’ for pneumatic controllers in the exemption, such as requiring 6 scfh due to functional needs. These production segment 24 to address a recordkeeping of the gas VOC content in exemptions include, but are not limited number of the comments described order for a facility to maintain the to, response time, safety and actuation above. Specifically, for pneumatic exemption. of valves. These functional exemptions controllers at gas processing plants One commenter believes that the EPA to the requirement address the where the standard is zero bleed rate, should delete the pneumatic controller commenters’ concerns of safety, we have defined the affected facility as requirements because most of the gas emergency and otherwise non-routine a continuous bleed natural gas-driven emitted is methane, and there is little situations that require the use of a pneumatic controller. For other areas in VOC emission reduction benefit. controller with a natural gas bleed rate the production segment (i.e., excluding Another commenter suggests limiting greater than 6 scfh. In response to gas processing plants), where the applicability to pneumatic controllers at comments regarding vagueness of the standard is a bleed rate of 6 scfh or less, natural gas processing plants or proposed exemption, the EPA revised we have defined the affected facility as upstream of processing that exceeds a this exemption provision in the final a continuous bleed natural gas-driven defined VOC threshold. rule. We believe the provision in the pneumatic controller operating at a Several commenters opine that final rule clarifies the scope of this bleed rate greater than 6 scfh. By pneumatic device definitions and exemption. defining the pneumatic controllers applicability should be based on VOC Comment: Several commenters affected facilities to be continuous bleed emissions, not natural gas as a surrogate. express concerns with the proposed and gas-driven, we clarify that the NSPS Commenters assert that the 6 scfh high- rule’s treatment of various types of does not apply to intermittent bleed bleed/low-bleed threshold value is pneumatic devices and controllers. One unsupported, that natural gas VOC commenter requests that the EPA clarify 24 The NSPS does not cover pneumatic controllers content varies widely and that, in most in 40 CFR part 60, subpart OOOO that in the distribution segment. The EPA did not cases, unconventionally produced CBM intermittent bleed pneumatic devices address those controllers in the proposed rule. and shale gas have little, if any, are not affected sources. Another Although the EPA had proposed standards for measurable VOC. pneumatic controllers in the transmission and commenter asserts that continuous low- storage segment, for reasons explained in section Several commenters also wanted to bleed controllers that replace existing IX.C.2 of this preamble, the EPA did not include exclude pneumatic controllers driven by continuous low-bleed controllers should such standards in the final rule. a specified percentage of VOC.

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According to the commenters, further notes that bleed rates are not broadly suggests that we consider flares, regulating the use of compressed air or specified for pneumatic controllers or combustion devices and vapor recovery, ‘‘instrument air’’ or other gas having are inconsistently represented without but provides no supporting information. little or no VOC would impose a distinguishing between the continuous In light of the above, we conclude that significant burden on the industry bleed stream and the actuation stream there is no BSER for pneumatic without any added benefit. rates within the gas consumption controller affected sources in the Response: The EPA disagrees with the specifications. production segment (excluding gas comment that the pneumatic controller Response: In the proposed rule, for processing plants) during the standards must be based on VOC pneumatic controllers 25 in the ‘‘adjustment period’’ mentioned above. emissions instead of natural gas bleed production segment other than gas In determining the length of the rate as a surrogate for VOC emissions processing plants, the EPA proposed a adjustment period, the EPA evaluated rate. Natural gas is being used as a performance standard of a natural gas relevant comments and available surrogate for VOC given the bleed rate of 6 scfh to reflect the use of information, including information from proportional relationship between them. a low-bleed controller, which we had promulgation and implementation of 40 When a natural gas stream is emitted to determined to be the BSER for reducing CFR part 98, subpart W of the the atmosphere, VOC in the gas also VOC emissions from pneumatic Greenhouse Gas Reporting rule. Subpart reaches the atmosphere since it is a controllers in the production segment.26 W requires operators to conduct a component of the natural gas stream. Owners and operators would complete inventory and report to EPA The natural gas emissions occur without demonstrate compliance based on the number of low- and high-bleed any physical separation, chemical information in the manufacturers’ pneumatic devices, as those terms are separation or chemical reaction process specifications for the pneumatic defined in subpart W, over a 3-year of the chemical species within the controllers, which we had believed period (i.e., 1⁄3 of their devices every natural gas; therefore, the proportion of would provide either the bleed rate or year over a 3-year period) starting VOC in natural gas is not altered during relevant information for such January 2011. We believe that efforts are the course of being emitted to the determination. Upon further well under way for manufacturers to atmosphere, and natural gas is an investigation, in light of the comments, provide necessary information to help appropriate surrogate for VOC. As an we conclude that such information is facilities subject to subpart W determine example, when the natural gas not always included in current the pneumatic controllers’ bleed rates emissions change, the VOC emissions manufacturers’ specifications. We and comply with the reporting rule change proportionately. In addition, anticipate that manufacturers who requirements, 1⁄3 of which must be measuring the VOC content of a currently do not provide the relevant reported by September 2012 and pneumatic controller’s bleed gas adds information for determining bleed rate another third by September 2013 and cost burden to companies and, to the would adjust to this need and begin the entire inventory by September 2014. EPA’s knowledge, vendors/ testing their products and provide the In light of the above, we do not believe manufacturers do not report the VOC necessary information on the products’ that owners and operators would face emissions from a pneumatic controller specifications. Based on public the difficulty described above beyond primarily because the VOC emissions comments and other available the first year after this NSPS becomes would depend on the gas composition at information, the EPA believes that an effective. After this first year of the site the pneumatic controller is adjustment period is needed, during ‘‘adjustment period,’’ we believe owners located. which owners and operators could face and operators should have no problem In the preamble to the proposed rule, increased cost and, in some instances, securing controllers with relevant the EPA set forth its BSER analysis for difficulty in obtaining necessary documentation for determining bleed pneumatic controllers. In the TSD, the supplies due to the limited number of rate. Therefore, beginning the second EPA has provided cost-effectiveness currently available controllers with year, the BSER remains the low-bleed calculations for the proposed pneumatic adequate documentation for controllers, as proposed. device emission limits. The commenters determining bleed rate. In light of the For the reasons stated above, the final do not dispute the EPA’s analysis. above, we conclude that a low-bleed rule contains no standards for Rather, the commenters ask that the controller is not the BSER for pneumatic pneumatic controller affected facilities EPA establish a VOC threshold. controller affected facilities in the in the production segment during the However, the commenters have not production segment (excluding gas first year after this rule becomes provided information on how an processing plants) during this first year. effective, but, thereafter, requires that all appropriate threshold can be As explained in the proposed rule, we new and modified affected facilities to established. One commenter suggests a are not aware of any add-on controls meet a VOC limit of 6 scfh natural gas threshold of 10-percent VOC content by that are or can be used to reduce VOC bleed rate to reflect the use of a low- weight, but has not provided supporting emissions from gas driven pneumatic bleed controller. The need for adequate information justifying this threshold. devices. 76 FR 52760. One commenter manufacturers’ specifications is not an However, for the reasons stated in the issue for pneumatic controllers at response to comment in section IX.C.2 natural gas processing plants. For 25 For the reasons explained earlier in this of this preamble, the EPA has decided section, we have changed the definitions of the pneumatic controller affected facilities not to cover in this final rule the pneumatic controller affected facility in the at natural gas processing plants, we had pneumatic controllers in the production segment other than gas processing proposed a zero VOC emission limit, the transmission and storage segment. With plants to be a continuous bleed natural gas driven compliance of which can be pneumatic controller with a natural gas bleed rate respect to those controllers we are not greater than 6 scfh. This change does not affect the demonstrated by the use of a non-gas- taking final action at this time. proposed BSER analysis and VOC limit, which driven controller system. As noted by Comment: One commenter suggested apply to high-bleed pneumatic controllers in the commenters, most natural gas that the EPA provide a phase-in period final rule. processing plants already use non-gas- 26 For reasons explained in section IX.C.2 of this to allow manufacturers and companies preamble, unrelated to the comment at issue, the driven technology such as instrument time to designate which controllers final rule does not include standards for pneumatic air systems for safety and operational qualify as low-bleed. This commenter controllers in the transmission and storage segment. reasons. While one cannot distinguish

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gas-driven pneumatic controllers of estimate that we would end up covering remind the commenter that the final different bleed-rates without an additional 67 sources. We estimate rule does not apply to existing sources, information from manufacturers, a non- VOC emissions from these units to be unless the existing source is replaced, gas-driven controller can be easily 0.1 tpy per facility or about 6 tpy modified or reconstructed after August identified by visual inspection. nationwide for new sources, which is 23, 2011. Therefore, no change is made since well below the level emitted by other D. Major Comments Concerning proposal to the standards for pneumatic affected facilities in this sector. Compressors controller affected facilities at gas While our analysis suggests that this processing plants. is an important set of sources to 1. Compressors in the Transmission and In response to comments that units regulate, given the large number of Storage Segment already in stock at the time of proposal sources, and the relatively low level of Comment: One commenter stated that cannot be used, the EPA clarifies that VOC emitted from these sources, we the agency should exempt reciprocating pneumatic controllers that were already have concluded that additional and centrifugal compressors in the in stock or ordered prior to August 23, evaluation of these compliance and transmission and storage sector located 2011, are considered existing sources burden issues is appropriate prior to after the point of custody transfer, and, therefore, their installation is not taking final action on pneumatic because there is low-VOC content in subject to the pneumatic controllers controllers in the transmission and natural gas from that sector. Another NSPS in this final rule. storage segment. For this reason, the commenter urged the EPA to revise 40 requirements for pneumatic controllers 2. Controllers in the Transmission and CFR 60.5365 to exclude centrifugal in the final rule only apply to Storage Segment compressors not associated with the production through processing Comment: Several commenters segments. Our current data indicate that Crude Oil and Natural Gas Production, requested the EPA reevaluate the VOC content of the natural gas used Transmission, and Distribution sector. requirements for pneumatic controller/ for pneumatic controllers in the One commenter noted that some large devices in the natural gas transmission transmission and storage segment is natural gas customers (who are not in segment of the industry. The low, while higher VOC content natural the Crude Oil and Natural Gas commenters argue that the proposed gas is used in the segments we are Production, Transmission, and rule’s applicability is too broad and regulating. Also, for the reasons Distribution sector) have natural gas would result in an undue recordkeeping explained in the previous response to centrifugal compressors that are used to and permitting burden. comment, no VOC threshold will be increase the pressure of natural gas for Several commenters recommend that included in this regulation. use in an industrial process, or to 40 CFR part 60, subpart OOOO should compress natural gas used as the fuel in limit pneumatic controller applicability 3. Cost and Emissions Calculations compressed natural gas vehicles. to upstream processes. Some Comment: One commenter asserts One commenter argued further that commenters suggest that, for natural gas that the EPA’s estimate of 14,000 new even without regard to fundamental transmission and storage, either and replaced controllers in a given year flaws stated in the five factors or pneumatic controllers should be is grossly underestimated. By the methods, there still would be only completely excluded or subpart OOOO commenter’s data and calculations, trivial and inconsequential VOC should limit applicability to equipment approximately 750,000 controllers in reductions relative to the national VOC located at ‘‘conventional’’ facilities, e.g., Texas alone may need to be replaced inventory. The commenter observed that within the fence line at a compressor (unless an exemption is granted) once a achieving VOC reductions of 1 percent stations. One commenter recommends well becomes subject to the new rule. of the national anthropogenic VOC limiting the emission limit requirement Response: The commenter incorrectly inventory would require over 21,000 to controllers at natural gas processing claims that the EPA’s estimate of the regulations at 6.9 tpy, and that the plants or locations upstream from gas number of pneumatic controllers EPA’s estimated annual VOC reductions processing that exceed a defined VOC installed in a given year is 14,000. In for compressors was similarly threshold. The commenter suggests that Section 5.3.2 of the TSD, the EPA inconsequential. Nor, said the this exclusion would reduce explains its methodology for estimating commenter, had the EPA adequately administrative costs in two ways: the number of pneumatic controllers in considered administrative burdens Mandatory recordkeeping and reporting both gas/oil production and gas associated with reporting, would be removed and the transmission and storage. Table 5–3 of recordkeeping and permitting. The documentation required to explain why the TSD gives a breakdown of snap- commenter said the trivial, incremental excluded controllers would no longer be acting versus bleed controllers and emissions reductions that would result necessary would be removed. Another shows the total number of controllers to from the rule failed to justify the commenter suggests that the EPA state be 33,673. The commenter did not associated compliance costs and that the in the final rule that NSPS/NESHAP provide data to support its claim that final rule should exclude transmission applicability alone should not trigger there are 750,000 pneumatic controllers and storage sources. Another minor source permitting requirements. in Texas, or that all of them have bleed commenter expressly called on the EPA Response: The EPA agrees that cost rates higher than the proposed NSPS to reanalyze VOC emissions reductions and other compliance burdens are requirements such that any future and to reassess whether the rule would important considerations in a replacement would require the use of a be cost effective. Also taking issue with rulemaking. In fact, the EPA believes different model (i.e., low bleed or no supportive data, another commenter that such consideration is particularly bleed, depending on its location) of said the EPA should suspend important here given that coverage of controller. In any event, the EPA has rulemaking and expand its fact-finding the transmission sector would result in analyzed and determined that such to include a statistically significant a significant number of sources and replacement is cost-effective. One sampling of affected sources. One owner and operators that are not subject explanation for the commenter’s high commenter suggested that the EPA to the current standards. Specifically, estimate may be a misunderstanding of exclude centrifugal compressor facilities were we to finalize standards, we the applicability of the final rule. We that compress natural gas that is less

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than 10 percent, weight basis, VOC. The efficiency or routing captured seal-oil would cost $22,000. The estimated cost commenter stated that compression of gas to a fuel gas, recycling or other includes an intermediate pressure gas that does not contain VOC should processing system. According to another degassing drum, new piping, gas not be subject to standards for VOC. The commenter, it would not be feasible to demister/filter and a pressure regulator commenter believes this is consistent capture gas that escapes from a for the fuel line. With this cost, the with equipment leak rules which do not centrifugal compressor and route it back estimated VOC control cost regulate components that are not in to a low-pressure fuel stream for effectiveness is $161/ton of VOC for the VOC service. combustion as fuel gas; although such a processing segment. If savings are Response: The EPA agrees with the process would capture a minimal included, the cost effectiveness for VOC commenter that natural gas in the amount of VOC emissions, the high cost control is ¥$2,408/ton of VOC. transmission and storage segment has of equipment to recapture the emissions In light of the above, we have low-VOC content. The EPA notes that would make the method described cost- determined that the control option cost and other compliance burdens are prohibitive. described above is the BSER for wet seal important considerations in a Commenters generally concurred that compressors. Accordingly, the final rulemaking. We estimated the VOC a 95-percent reduction in emissions was NSPS would require that wet seal emissions reductions from these units achievable through installing a capture compressors reduce emission by 95 located in the transmission and storage system on a wet seal compressor. In percent. For dry seal compressors, the segment to be 14.1 tpy for reciprocating addition, commenters disagreed with only emission control option we have compressors and 6.6 tpy for centrifugal the EPA’s cost estimates and concluded identified is the use of dry seal. compressors, which is well below the that a wet seal capture system is cost Accordingly, there is no requirement in level emitted by other affected facilities effective. the final rule for dry seal compressors, in this segment. The EPA has not fully Response: In the preamble to the and dry seal compressors are not considered compliance burden for proposed rule, the EPA proposed that a affected facilities under the NSPS. reciprocating and centrifugal dry seal system is the BSER for 3. New Source Definition compressors in the transmission and centrifugal compressors, but solicited storage segment and is, therefore, not comments on situations where the use Comment: Several commenters ready to take final action with respect to of a dry seal is infeasible or otherwise oppose the proposal in 40 CFR these sources. While our analysis inappropriate and wet seal is the only 60.5365(b) and (c) that a reciprocating suggests that this is an important set of option. 76 FR 52762. As noted above, compressor be considered as sources to regulate, given the number of several commenters provided ‘‘commenced construction’’ on the date sources, and the relatively low level of information on situations where dry of installation at a facility. Commenters VOC emitted from these sources, we seals are not technically feasible. argue that the EPA was ‘‘arbitrary and have concluded that additional Therefore, the EPA has concluded that capricious’’ in proposing to apply the evaluation of these compliance and dry seal is not the BSER for all new and concept of ‘‘commenced construction’’ burden issues is appropriate prior to modified centrifugal compressors. in the NSPS context to a relocated taking final action on reciprocating and Instead, the EPA separately evaluates compressor, because the agency had no centrifugal compressors in the the control options for wet seal ‘‘reasoned explanation’’ for making the transmission and storage segment. compressors. The EPA has identified change and that applying the concept of Also, no VOC threshold will be one control option through its review of ‘‘commenced construction’’ to a included in this regulation given the available information, including relocated compressor is contrary to the arbitrary nature of defining one using comments and other information plain language of the CAA. available data. We believe this revision obtained since proposal. The option is Response: The EPA traditionally also addresses centrifugal compressors to route captured seal-oil gas to the defines the term ‘‘commence not associated with the Crude Oil and compressor suction, fuel gas system or construction,’’ as it applies to an Natural Gas Production, Transmission, flare, all of which can achieve 95- equipment, to mean the time an owner and Distribution sector. percent control efficiency. or operator has entered into a Based on the discrepancy between contractual obligation to acquire the 2. Dry Seals Versus Wet Seals commenters’ and the EPA’s cost data, equipment. This is reflected in the Comment: Several commenters the EPA re-evaluated its cost definition of ‘‘commenced’’ in the address the issue of whether the EPA information for this control option. The General Provisions at 40 CFR 60.2, as should permit the use of a system other EPA cost estimates in the proposed rule well as in the relevant NSPS (see, e.g., than dry seal to control emissions from assumed the use of a new flare to 40 CFR 60.4230(a) of subpart JJJJ). We, centrifugal compressors. Some combust the captured seal oil gas, and, therefore, agree with the commenters commenters provide information on based on commenter information, the that our proposed definition of situations where dry seal systems for EPA is revising this assumption since a ‘‘commence construction’’ in 40 CFR centrifugal compressors are not flare or other combustion source is 60.5365(b) and 40 CFR 60.5365(c) as the technically feasible, such as where gas expected to be available in gas time of installation is a deviation from composition is inadequate, in some processing facilities. From reviewing our traditional view. Upon reviewing processing plants that already have a comments received, the EPA is aware the comments and re-evaluating the capture system in place, and in retrofits that the captured gas is not always proposed definition, we conclude that of some existing compressors due to routed to a flare but in many cases is there is no discernible difference housing design or operational routed back to the compressor suction between the compressors at issue and requirements. Commenters opine that or fuel system. Given this information, other equipment subject to NSPS that the rule should allow compliance using the EPA has re-evaluated the costs for would make such deviation necessary or either system, depending upon the centrifugal compressor wet seal appropriate in this case. We have, particular circumstances, and should capture system and determined a system therefore, removed these specific not preclude use of a wet seal-equipped of this type, in which the seal oil definitions of ‘‘commence construction’’ compressor with controls capable of degassing vents are routed to fuel gas, in 40 CFR 60.5365(b) and 40 CFR meeting a 95-percent VOC control compressor suction or an existing flare 60.5365(c) in the final rule.

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The NSPS also does not apply to were cost effective to control at $3,400/ should clarify the meaning of relocated compressors. As provided in ton of VOC. The final rule requires each ‘‘stationary’’ to include or exclude the NSPS General Provisions at 40 CFR facility to determine its own emission certain types of storage vessels. 60.14(e)(6), relocation of an existing factor and calculate the estimated Additionally, the EPA received facility is not modification. emissions from each storage vessel. comments requesting that the stationary aspect of the ‘‘storage vessel’’ definition E. Major Comments Concerning Storage 2. Definition of Affected Facility should be consistent with other rules, Vessels Comment: Numerous commenters while acknowledging the particular 1. Applicability Threshold Metric commented on the definition of storage scenarios unique to the oil and gas vessel in 40 CFR part 60, subpart Comment: Numerous commenters production segment. The commenter OOOO, calling for greater clarity and notes that the stationary aspect of a objected to the EPA’s proposed use of consistency and requesting that certain storage vessel is typically addressed by liquid throughput to determine which activities or equipment be included or the EPA in terms of whether it is storage vessels should be subject to the excluded from the definition. reasonably portable, although the EPA standards, asserting that the high Response: The EPA agrees with the sometimes addresses portability based variability in volatility of stored liquids commenters who assert that a more on the size of the vessel. The commenter and other parameters affecting specific and consistent definition of a states that another criterion specified by emissions makes throughput a poor storage vessel is needed. The revised the EPA in several regulations is that indicator of VOC emissions. The definition more clearly focuses on ‘‘vessels permanently attached to motor commenters indicate that, as a result, identifying which units are considered vehicles’’ are not storage vessels, and basing applicability on throughput storage vessels under this subpart and the EPA has issued a determination that would bring many storage vessels with which units are not and describes a this exemption extends to storage low VOC emissions (some less than 1 storage vessel using terminology similar vessels ‘‘equipped with a permanently tpy) under the standard and the to that used in 40 CFR part 63, subpart attached wheel assembly and a truck required emission controls would not be HH. We believe it is important to be hitch’’ (U.S. Environmental Protection cost-effective. Some commenters point somewhat consistent in terminology Agency, letter from George T. Czerniak out that certain storage vessels with because the NSPS and NESHAP both to Ken Comey, Flint Hills Resources high emissions might not be subject to apply to the oil and natural production L.P., September 2, 2004). According to the standards based on throughput. segment where these tanks are primarily the commenter, this renders most so- Response: In its BSER analysis for located. We also removed the emissions called frac tanks, Baker tanks, storage vessels, the EPA estimated the threshold from the definition and, International Organization for VOC emissions for storage vessels with instead, based the standard in 40 CFR Standardization tanks, etc., exempt from various levels of throughputs to 60.5395 on the VOC emission rate of the the storage vessel provisions when this determine the cost effectiveness of storage vessel. In response to comments form of definition is used. However, the control. In that analysis, the EPA requesting clarification on whether commenter recognizes that such storage estimated that storage vessels with mobile units are considered storage vessels sometimes become effectively throughput rates of 1 barrel per day vessels, we have set a minimum amount ‘‘stationary’’ in oil and gas production (bpd) of condensate or 20 bpd of crude of time (180 consecutive days) that the operations and suggests that storage oil are equivalent to VOC emissions of storage vessel must be stationed at the vessels should be deemed stationary if 6 tpy and determined that control is cost same site before it is subject to 40 CFR they remain at a given site for more than effective for these storage vessels. The part 60, subpart OOOO. Our reasoning 180 consecutive days, consistent with EPA agrees with the comments that for setting this minimum amount of the period of time allowed under 40 throughput is not a good indicator of time is discussed in the response to CFR 60.14(g) to achieve compliance VOC emissions and, therefore, not comment immediately below. after a modification. The commenter appropriate for determining the Additionally, we have not excluded notes that this 180-day period is standards’ applicability. However, the wastewater storage vessels, as the NSPS reasonable given that the definition of EPA has received no comment requires control for all storage vessels non-road engines in 40 CFR 89.2 allows contesting the EPA’s conclusion that emitting at least 6 tpy of VOC. Further, a period of 12 consecutive months. regulating storage vessels emitting 6 tpy some wastewater tanks containing The commenter also points out that or more of VOC is cost effective and significant amounts of organic cost effectiveness of the proposed appropriate (the basis of our proposed compounds could exceed VOC control measures has been evaluated throughput limit). Accordingly, in the emissions of 6 tpy. Finally, the revised under the assumption that storage final rule, the storage vessels NSPS definition includes specific exemptions vessels remain in place for the useful applies to those emitting 6 tpy or more for process vessels and pressure vessels life of the control equipment, and, thus, of VOC. This change from proposal to clarify that these units are not the control costs are amortized over a would ensure that controls will be considered storage vessels. Since the period of years. Since the cost per ton required only on those storage vessels applicability of subpart OOOO, as of emission reductions would be much where they can be applied cost finalized, is not based on throughput, higher if the controls were applied to a effectively. This approach also allows we believe it is not necessary to specify storage vessel that is only on site for broader coverage across all types of which types of stored materials are temporarily, the commenter believes storage vessels, regardless of the fluid regulated and which are not, as that a cost-effectiveness analysis for that is stored or where the storage vessel suggested by commenters. If a stored permanent storage vessels would not be may be located. The final rule reflects material is emitting at least 6 tpy of valid for temporary storage vessels, and, this change and has established a VOC VOC, then the storage vessel will need thus, the control requirements for emissions threshold of 6 tpy for storage to reduce its VOC emissions by 95 permanent storage vessels are not vessels to require control. Based on our percent. justified for temporary storage vessels. revised cost analysis, we determined Comment: Some commenters assert The commenter provides recommended that storage vessels with VOC emissions that the EPA should limit applicability language for the definition of ‘‘storage equal to or greater than 6 tpy or greater to storage vessels that are stationary and vessel’’ that addresses this and other

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concerns. Another commenter similarly preferred techniques is arbitrary and have limited remote transmitting unit states that costly control requirements capricious. space. are not appropriate for temporary Response: The commenter incorrectly Response: The EPA does not take into storage vessels (on site less than 180 asserts that the EPA’s NSPS for storage account monitoring, recordkeeping and days). vessels was designed to achieve the reporting costs in determining cost Response: Based on the commenter’s same level of control as MACT in 40 effectiveness of controls and in suggestion, the EPA has revised the CFR part 63, subpart HH. In Portland evaluating BSER. Based on this and definition of storage vessel to clarify Cement Assoc. v. EPA, 665 F.3d 177 other comments detailed in the response that a storage vessel is subject to 40 CFR (D.C. Cir. 2011), the United States Court to comments for this final rulemaking, part 60, subpart OOOO if it remains on of Appeals for the District of Columbia the EPA removed from 40 CFR part 60, a given site for more than 180 Circuit rejected an argument that the subpart OOOO the citations to the consecutive days. EPA adopted NESHAP PM standards for requirements for performance tests, In general, we agree with the NSPS, noting that the EPA arrived at the monitoring, recordkeeping, etc., in 40 commenter’s discussion about the EPA’s same limit for both NESHAP and NSPS CFR part 63, subpart HH and past practices related to storage vessels. using two different mechanisms. incorporated these subpart HH In particular, we agree that the inherent Similarly, in this case, although both the requirements into subpart OOOO. differences between ‘‘mobile’’ or NESHAP and the NSPS require 95- During the incorporation process, we temporary storage vessels in this source percent control, the EPA established the made minor revisions to the subpart HH category and other categories indicate two standards based on separate requirements, as appropriate for subpart that they should be regulated mechanisms. The EPA established the OOOO. For example, we removed differently. As mentioned in the MACT standard in 1998 pursuant to references to glycol dehydrators and previous response, there are many section 112(d)(2) and (3) of the CAA. In paragraphs listed as ‘‘reserved.’’ storage vessels in this source category contrast, the EPA established the NSPS that travel from site to site, so we did 4. Availability of Control Equipment based on BSER analysis under CAA Comment: Some commenters believe not feel it was appropriate to exclude all section 111. The BSER analysis for of these mobile storage vessels from that there will be a shortage of control storage vessels consists of the same control requirements. Many temporary equipment available to meet the steps as those for other affected sources storage vessels in this source category proposed storage vessel requirements, evaluated in the proposed NSPS. are typically bringing in material such and recommend revisions to the Specifically, the EPA evaluated as fracking fluid to well sites and can compliance deadline for storage vessels available information to identify VOC stay at a well site for up to several based on a variety of considerations, control options. The EPA then assessed months in order to receive flowback. including the availability of control various aspects of the control options, These storage vessels are considered to devices, lead time needed for including their VOC reduction be an essential part of the drilling and manufacturer testing of their combustors potentials, their cost effectiveness and production operation, more akin to how to be compliant with the NSPS and time permanent storage vessels are utilized in secondary air impacts. The commenter needed to install the compliant devices. the refining and organic chemical did not claim that any part of the EPA’s Response: We agree that it will likely manufacturing sectors, rather than to BSER analysis above was inaccurate or take some time beyond the conventional tank trucks that are inappropriate. For the reasons stated promulgation date of the NSPS for typically excluded in other EPA rules. above, the commenter’s assertion is combustor manufacturers to have Therefore, we believe that 180 days is without support. control devices constructed, tested, an appropriate period of time to The commenter also claims that the documented and available for operators establish a temporary tank as being EPA only analyzed two controls and, to install in efforts to comply with the subject to 40 CFR part 60, subpart therefore, failed to consider other storage vessel requirements of the NSPS. OOOO, and, therefore, potentially ‘‘potentially relevant regulatory Under the final rule, operators are not required to install controls. alternatives.’’ However, the commenter required to conduct individual did not identify any other control option performance tests on combustors 3. References to MACT Standards for the EPA’s consideration. The installed in the field if the combustor Comment: The EPA received commenter simply suggests that the manufacturer tests and documents for comment asserting that the outcome of EPA should consider some less effective the owner or operator that the model its best demonstrated technology (BDT) controls, which the commenter claims achieves a control efficiency of 95.0 analysis for proposed 40 CFR part 60, would have led to greater coverage. percent. The time required for testing subpart OOOO was calculated to Without more information, it is unclear and documentation is often longer than achieve the same level of control as 40 whether a less effective control than that for a single model when manufacturers CFR part 63, subpart HH—undermining we have identified would, in fact, provide multiple models for varying the BDT determination and effectively qualify as BSER for controlling VOC applications based on capacity. We (and unlawfully) extending subpart HH emissions from storage vessels or would believe this testing and documentation major source MACT requirements to have resulted in coverage of additional program would require an ‘‘adjustment area source storage vessels. storage vessels. period’’ for manufacturers to be ready to As a result, the commenter asserts Comment: Two commenters state that supply the operators with the correct that the EPA’s analysis precludes other the cost of the performance tests, equipment they need. potentially relevant regulatory monitoring, recordkeeping, etc., that are We considered whether it would be alternatives—such as marginally less required through cross-references to 40 feasible for on-site testing to mitigate the effective controls that might be applied CFR part 63, subpart HH were not shortage of manufacturer tested to a broader range of storage vessels. adequately considered by the EPA in the combustors. Although owners and The commenter states that the EPA’s cost-effectiveness determination for 40 operators can test their individual failure to consider other control CFR part 60, subpart OOOO, which combustors in the field to determine techniques and other levels of control applies to dispersed locations that do combustor efficiency, such emissions efficiency that might be achieved by its not have electricity or automation, and testing is expensive and can only be

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performed if testing consultants are However, for replacement storage Several commenters suggest that the available to conduct the testing. We vessels or additional storage vessels at EPA should coordinate with state and believe that immediately after the well sites with one or more wells local agencies to eliminate duplicative effective date of the NSPS there will be already in production, we believe the recordkeeping and reporting a shortage of available testing operator already should have requirements, and that records of consultants concurrent with the information on liquid composition and interest other than those submitted to shortage of pre-tested combustor throughput. This information would the respective Oil and Gas Commissions models. As a result, we conclude that allow estimation of VOC emissions to should only be required to be retained on-site testing would not sufficiently determine applicability of control and available upon inspection, similar mitigate the difficulty of owners and requirements and for acquisition and to other permit requirements. operators complying with the NSPS. installation of a control device Several commenters do not agree that We evaluated whether controls other concurrent with the replacement or an annual report under 40 CFR than combustors would be available additional storage vessel being installed. 60.7(a)(1), 40 CFR 60.7(a)(3) and 40 CFR during this adjustment period. Although In the final rule, for storage vessels 60.7(a)(4) adds any value for verifying vapor recovery units (VRU) can provide constructed, modified or reconstructed compliance and the EPA should remove 95.0-percent control for storage vessels at well sites with no well already in this requirement from the final rule. The and are one means of meeting the production, we have provided for a 30- commenters add that the best method storage vessel standards in the NSPS, day period for throughput to stabilize for compliance is for an owner or VRU cannot be used in every situation. and for the operator to estimate VOC operator to maintain necessary records For example, storage vessels located emissions to determine whether a and to have the records available for remotely where there is no available control device will be required. If VOC review during an on-site inspection. electrical service may not be able to be emissions are estimated to be at least 6 One commenter suggests the annual controlled using VRU. In addition, tpy, the operator is provided an report should include for each type of storage vessels with low concentration additional 30 days for the control device affected facility (1) the total number of emission streams or fluctuating to become operational. We believe that affected facilities at the site; (2) the emissions may not be amenable to the Wyoming experience illustrates that number of facilities that became affected control by VRU. Further, VRU this will be sufficient time to size and facilities during the reporting period; (3) installations would also require on-site obtain suitable controls. the number of exempted facilities; and testing, and owners and operators (4) the number of affected facilities with would be hampered by the same F. Major Comments Concerning a non-compliance situation during the consultant shortage situation described Notification, Recordkeeping and reporting period. One commenter above for combustors. Reporting Requirements suggests that it would be easier for In light of the above, we conclude that facilities to submit an annual report on there is no BSER for storage vessel 1. 30-Day Notification and Annual a set date each year, and multiple affected sources during the first year Reports affected facilities could be included in after promulgation, which we believe is Comment: Multiple commenters state a single report. Two commenters appropriate for the adjustment period that the 30-day advance notification of propose that all notifications for each mentioned above. At the end of this well completions under 40 CFR year be delivered in a single annual adjustment period, we believe owners 60.5420(a) should be removed from the report corresponding to the reporting and operators should have no problem final rule. Commenters assert that this period in which the affected facilities securing control devices that are and notification requirements in 40 CFR become subject to the rule. One manufacturer-tested and have 60.7(a) are unduly burdensome and commenter suggests that operators appropriate documentation for costly, not adequately explained, not should be required to keep records at determining control efficiency. related to verifying compliance with the the nearest manned office, but reports Accordingly, the final rule provides for proposed rule and could conflict with should only be required if they are a 1-year phase-in beginning October 15, the need to protect proprietary business requested by the EPA. 2012 before the 95.0-percent control The commenters recommend, where information. requirement is effective. feasible, streamlining the final With regard to providing time for Multiple commenters also note that notification and reporting requirements operators to establish the need for industry’s estimate of annual to eliminate unduly burdensome controls and install them where called completions is several times higher than notification and reporting requirements. for, the EPA agrees that some lag time the EPA’s estimate of 20,000 Response: The EPA agrees that certain may be needed after initial start-up for completions following fracturing and notification, recordkeeping and the owner or operator to determine the completions following refracturing reporting requirements in the General long-term production level of a well and annually. The commenters believe that Provisions are unduly burdensome for to procure the appropriate control these requirements will likely the new affected facilities in this NSPS. equipment. The EPA evaluated the overwhelm both regulated entities and For that reason, well completions, approach taken in the Wyoming rules state regulators alike. Commenters offer pneumatic controllers and storage for new sources, which allows from 30 suggestions, including requiring annual vessels will be exempt from the to 90 days for a source to achieve certifications or maintaining records notifications required by 40 CFR compliance, depending on the area of available for inspection, reducing the 60.7(a)(1), (3) and (4). We agree that the state. Wyoming allows only 30 days proposed advance notification notifications of well completions should in ozone nonattainment areas, 60 days requirement to 5–10 days and be as streamlined as possible to remove for concentrated development areas or considering notification programs such excess burden from both the owners and 90 days elsewhere in the state. The EPA as those in Texas and Wyoming. operators and regulatory agencies, as believes that 60 days is a reasonable Different commenters support or oppose well. As a result, we have removed the period for controlling new storage requiring a 30-day advance notice with 30-day advance notification requirement vessels at wells sites with no wells follow-up notification of 1–2 days and instead are requiring an advance already in production. before an impending completion. notice via email to the EPA or delegated

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authority no later than 2 days prior to be submitted electronically to facilitate However, as noted in several comments, completion. making the reports publicly available. states and other enforcement entities are To avoid duplicative and potentially The commenter suggested using social confronting limited resources and conflicting notification requirements media outlets, smart phone applications visiting sites is not always practical and and to relieve notification burden from and other electronic means to make the is particularly challenging in this owners and operators, we have added a annual reports readily available. industry. For that reason, the EPA provision in the final rule that, if an Response: The EPA agrees that self- believes notifications and reporting owner or operator has met the state certification is an important mechanism requirements are vital to ensure requirements for advance notification of for assuring the public that the compliance with our regulations. well completions, then the owner and information submitted by each facility is Therefore, the EPA has evaluated the operator are considered to have met the accurate. In addition, the title V proposed notification, recordkeeping advance notification requirement for gas program has successfully employed self- and reporting requirements in an effort well completions under the NSPS. certification since its inception. to streamline the requirements to reduce We also believe that the operator Therefore, we are requiring self- burden on both industry and should be provided flexibility to use certification, based on requirements in enforcement at the same time, assuring new technology to document the title V program, in the final rule. compliance with the NSPS. In the final compliance that would result in less While we agree that having annual rule, the EPA has removed or otherwise paperwork burden on the part of the reports readily available to the public is revised proposed reporting operators themselves and on regulators. a desirable goal, we did not identify any requirements that the EPA believes to be To lessen the reporting burden, the final reporting programs or electronic duplicative or unnecessary, including, recordkeeping and reporting databases that may be used for this but not limited to, those raised in the requirements for well completions also purpose without significant comments. These changes will provide for a streamlining option that modification. Therefore, we are not streamline the reporting process and owners and operators may choose in requiring annual reports to be submitted reduce the reporting burden on sources, lieu of the standard annual reporting electronically, but we will continue to including small sources. For example, requirements. The standard annual evaluate this option in the future. as previously discussed, well report must include copies of all well 2. Duplicative Recordkeeping and completions and continuous bleed completion records for each gas well Reporting Requirements natural gas controllers are exempt from affected facility for which a completion the notifications required by 40 CFR operation was performed during the Comment: Multiple commenters state that the notification, recordkeeping, 60.7(a)(1), 40 CFR 60.7(a)(3) and 40 CFR reporting period. The alternative, 60.7(a)(4). In addition, the EPA has streamlined annual report for gas well monitoring and annual reporting requirements in the proposed NSPS are revised the rule language such that only affected facilities requires submission of continuous bleed natural gas controllers a list, with identifying information of all duplicative and extremely burdensome installed, modified or replaced during affected gas wells completed, electronic for operators and for state regulators the reporting period are reported in the or hard copy photographs documenting with limited resources. The commenters annual report. In addition, the EPA has REC in progress for each well for which make both general and specific revised the 30-day individual REC was required and the self- recommendations to revise the reporting notification requirement for well certification required in the standard requirements in the final rule to completions, as discussed above. annual report. The operator retains a eliminate duplication and reduce digital image of each REC in progress. burden or better inform the public and 3. Electronic Reporting of Emissions The image must include a digital date regulatory agencies about deviations. Data stamp and geographic coordinates Some commenters would eliminate all stamp to help link the photograph with or some reports, while others argue that Comment: Commenters suggest a the specific well completion operation. reporting is an essential compliance and variety of ways in which electronic Operators are not required to take enforcement mechanism and that reporting could be structured and advantage of the optional recordkeeping additional information should be implemented, with attention to and reporting approach, as some may provided. Some commenters feel that an coordination with various CAA choose to follow the standard reporting owner or operator should maintain requirements and programs to avoid requirements. Under either approach, necessary records and have them duplicative and potentially burdensome the report must include a record of all available for review. requirements. Several commenters deviations during the reporting period Commenters want the compliance support electronic reporting of in cases where well completion assurance requirements to be emissions data from all sources to be operations with hydraulic fracturing appropriate for the oil and gas industry stored on existing EPA databases, such were not performed in compliance with and commensurate to the environmental as the Electronic Greenhouse Gas the requirements for each gas well benefit that will be generated. For Reporting Tool (e-GGRT) or added to the affected facility. example, some commenters feel that the Toxics Release Inventory, and available Comment: One commenter requested EPA should exempt small sources to the public. These commenters believe that the EPA add a self-certification regulated under this rule from the that communities must have access to requirement to the annual report similar notification and reporting requirements. air quality information in order to to that used in the title V program. The Response: We have considered these protect public health. One commenter commenter recommended that the final and other related comments presented objects to the use of e-GGRT as a rule require the annual report to include in the response to comments regarding reporting mechanism in place of a a statement signed by a senior official of the proposed reporting requirements. state’s own tracking system, where the the facility attesting to the truth, The EPA agrees that certain notification, state has enforcement responsibility for accuracy and completeness of the recordkeeping and reporting the emissions date and tracking of report. requirements are unduly burdensome sources subject to the proposed rule. The commenter also requested that and believes it is important to minimize The commenters also suggested a the EPA require that the annual reports the burden of reporting requirements. variety of ways in which electronic

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reporting could be structured and efficiency of data submittal and improve receipt and incorporation of data from implemented. data accessibility. most performance tests, the EPA will be Several commenters oppose the In the final rule, as a step to increase able to ensure that emission factors, implementation of electronic reporting the ease and efficiency of data submittal when updated, represent the most at this time and are concerned that an and improve data accessibility, the EPA current range of operational practices. ERT will result in numerous is requiring the electronic submittal of complications and undue additional select performance test data. Data entry X. Summary of Significant NESHAP burden. The commenters point out that will be through an electronic emissions Comments and Responses the EPA’s experience with e-GGRT test report structure called the ERT. The For purposes of this document, the indicates that considerable time and ERT will generate an electronic report text within the comment summaries was resources are needed to develop and which will be submitted using the provided by the commenter(s) and implement efficient systems and to CEDRI. The submitted report is represents their opinion(s), regardless of ensure that electronic reporting submitted through the EPA’s CDX whether the summary specifically enhances efficiency rather than network for storage in the WebFIRE indicates that the statement is from a incurring additional burden on affected database making submittal of data very commenter(s) (e.g., ‘‘The commenter sources. The commenters state that a straightforward and easy. Webfire is the states’’ or ‘‘The commenters assert’’). potential disadvantage associated with EPA’s online emissions factor The comment summaries do not an ERT is that new and/or alternative repository, retrieval and development represent the EPA’s opinion unless the test methods would not be in the tool. The WebFIRE database is open to response to the comment specifically system. In addition, the commenters the public and contains the EPA’s agrees with all or a portion of the believe that an ERT could be recommended emissions factors for comment. complicated and burdensome for criteria and HAP for industrial and non- A. Major Comments Concerning smaller companies that lack industrial processes. Emissions data Previously Unregulated Sources environmental personnel or experience collected from the oil and natural gas with electronic reporting under other sector, as well as many other sectors, Comment: One commenter asserts rules. The commenters suggest that if will be used to update our emissions that, although the EPA’s original MACT the EPA delegates authority to states to factors. The data will also be used by analysis covered all storage vessels, it implement and enforce the standards, the EPA’s rule writers to make better issued a MACT standard at that time some states may be unable or unwilling informed decisions and learn more that applied to storage vessels with the to accept electronic reports. The detailed information about emissions PFE only. The commenter states that, commenters urge the EPA to consider from sources. The electronic reporting while they support the EPA’s effort to other more simplified options to report requirement in this rule (and other correct this omission, the initial analysis only the needed information. NSPS/NESHAP rules) is only for test for the tanks that the agency did Response: While the EPA supports methods that are supported by the ERT. regulate in 1999 was seriously flawed, and encourages electronic reporting, One major advantage of submitting and the proposed rule provides no after further consideration of all the performance test data through the ERT justification for continuing to rely on a comments, we do not believe the e- is a standardized method to compile 13-year old analysis to propose a MACT GGRT is the appropriate mechanism for and store much of the documentation standard for an entirely new universe of electronic reporting under this rule, as required to be reported by this rule. storage vessel sources. Thus, according recommended by some commenters. Another advantage is that the ERT to the commenter, the EPA’s failure to The e-GGRT is not designed to accept clearly states what testing information properly calculate the MACT floor in all of the types of information required would be required. Another important setting the MACT standard for storage to be reported under the final rule, and benefit of submitting these data to the vessels violates CAA section 112(d)(2) significant modification of the system EPA at the time the source test is and (3). would be required to make it conducted is that it should substantially The commenter states that, because operational for this rule. reduce the effort involved in data this method has been found to be However, the final rule does include collection activities in the future. unlawful and substantially more data reporting of performance test data via State, local and tribal agencies can are available at this time, the EPA must the ERT. The EPA must have also benefit from a more streamlined now recalculate the MACT floor and performance test data to conduct and accurate review of electronic data MACT limits for tanks with the PFE. effective reviews of CAA sections 112 submitted to them. The ERT allows for Cement Kiln Recycling Coalition, et. al. and 129 standards, as well as for many an electronic review process rather than v. U.S. EPA, 255 F.3d 855, 863–64 (D.C. other purposes, including compliance a manual data assessment making Cir. 2001). The commenter asserts that, determinations, emission factor review and evaluation of the data and in addition and partly as a consequence development and annual emission rate calculations easier and more efficient. of its unlawful reliance on the prior determinations. In conducting these Finally, another benefit of submitting standards, the EPA also has failed to required reviews, the EPA has found it data to WebFIRE electronically is that fulfill the beyond-the-floor requirement ineffective and time consuming, not these data will greatly improve the of CAA section 112(d)(2). The only for us, but also for regulatory overall quality of the existing and new commenter opines that, absent an up-to- agencies and source owners and emission factors by supplementing the date analysis based on current emission operators, to locate, collect and submit pool of emissions test data for controls, an appropriate beyond-the- performance test data because of varied establishing emissions factors and by floor determination cannot be made. locations for data storage and varied ensuring that the factors are more Two commenters do not believe that data storage methods. In recent years, representative of current industry the dataset used is representative of though, stack testing firms have operational procedures. A common currently operating small glycol typically collected performance test data complaint heard from industry and dehydrators. One commenter believes in electronic format, making it possible regulators is that emission factors are that the EPA has not satisfied section to move to an electronic data submittal outdated or not representative of a 112(d)(2) and (3) of the CAA and that system that would increase the ease and particular source category. With timely the EPA needs to calculate the MACT

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limit based on the best-performing existing sources. The commenter states floors. NRDC v. EPA, 529 F.3d 1077, sources that currently exist. that the dehydrator technology 1084 (D.C. Cir. 2008). One commenter recommends that the performance in 1997 was not accurately Moreover, in this action, we did not EPA base its MACT floor analyses on reflected in the legacy EPA dataset and re-open the MACT standards in 40 CFR emissions data from a representative has advanced significantly in the past part 63, subpart HH for large glycol population of small dehydrators that 13 years. Consequently, according to the dehydrators, storage vessels with the characterize the population of affected commenter, the EPA has not provided a PFE and equipment leaks for or in 40 sources within the category or reasoned explanation of how those data CFR part 63, subpart HHH for large subcategory. The commenter reports could be representative of currently glycol dehydrators. As such, the that more current data sources may be operating glycol dehydrators and commenter’s request that we re- available, such as dehydrator emissions associated emission reductions, and calculate those standards based on data reported to state agencies in annual how proposals based on those data can current emissions data is outside the emission reports or in permit currently meet the MACT requirements scope of this rulemaking. We did, applications. for new and existing sources. The however, conduct a CAA section One commenter opines that the EPA’s commenter believes this is critical 112(d)(6) technology review for subpart proposal misses the opportunity and because the 2005 NEI data reveal that HH and determined that there have been fails to fulfill the agency’s responsibility improvements in the environmental no developments in practices, processes to properly calculate the MACT for all performance of the category have or control technologies for large glycol sources in this sector based on current, progressed such that there are far more dehydrators, storage vessels with the reliable and representative emission test units in service with lower emissions PFE and equipment leaks and that there data. The commenter believes that, by than reflected in the 1997 data. have been developments for equipment relying on an incomplete and outdated One commenter states that the EPA leaks. See Technology Review for the dataset to set MACT floors and limits, did not collect recent data regarding Final Amendments to Standards for the the EPA has ignored data demonstrating emissions of HAP, including BTEX, Oil and Natural Gas Production and trends in practices, processes and from small glycol dehydrators in either Natural Gas Transmission and Storage technologies and the resulting improved source sector in support of this Source Categories and responses on performance that CAA section 112(d) rulemaking. Instead, according to the section 112(d)(6) comments below. We mandates. The commenter asserts that commenter, the EPA appears to have also conducted a CAA section 112(d)(6) the EPA ignores the potential HAP relied on data collected in the prior technology review for subpart HHH and emissions that the control devices MACT rulemaking, going back to 1998 determined that there have been no themselves emit by failing to collect or prior. The commenter believes that developments in practices, processes or such emissions data from facilities that control technologies for large glycol have installed control devices. The the EPA’s analysis is flawed and dehydrators. Id. commenter argues that the EPA must questionable because it simply relies on collect the appropriate emission test the best-performing sources that existed The remaining comments focus on the data needed in order to recalculate and a decade ago and fails to identify the data the agency used to set the proposed set a proper MACT for glycol best controlled sources today. The MACT standards for small glycol dehydrators, storage vessels and commenter contends that it is unlikely dehydrators, which were left equipment leaks. that these MACT standards reflect either unregulated in the 1999 rule. The One commenter states that section the current best controlled similar commenters claim that the data the EPA 112 of the CAA requires the EPA to set source emissions or the average of the used to set the BTEX MACT standards a NESHAP for each category or top 12 percent of the currently best for the small glycol dehydrators subcategory of ‘‘major sources’’ of HAP controlled sources. The commenter subcategory are outdated and that the emissions. 42 U.S.C. 7412(d)(1). The states that, while the EPA appropriately EPA must collect new data. However, commenter asserts that the EPA must set proposes to set a MACT limit for these CAA section 112(d)(3) specifically CAA section 112(d) emission standards sources for the first time, the EPA’s use provides that the Agency is to determine based on ‘‘maximum achievable control of out-dated data fails to demonstrate the average emission limit achieved by technology’’ or ‘‘MACT.’’ The that its proposed limit is stringent the best performing 12 percent of commenter states that the EPA largely enough in light of significant existing sources ‘‘(for which the bases its MACT proposal for small developments in emission control Administrator has emissions glycol dehydrators on emissions data technologies and practices that have information).’’ Thus, the EPA is not collected from the industry during the occurred since 1998. required to collect information if it development of the original MACT Response: One commenter argues that determines that the information it has is standards. 76 FR 52768. The commenter EPA has not satisfied sections 112(d)(2) sufficient for it to calculate the MACT contends that the data were collected and (3) of the CAA, because the MACT standards consistent with the prior to 1997 and did not adequately standards set in the 1999 rule have not requirements of CAA section 112. represent the emissions profile at that been re-calculated using current data. Although the available emissions time, and do not reflect the significant To the extent the commenter is arguing information is over a decade old, the changes in the industry and other that CAA section 112(d)(6) requires that available controls for reducing BTEX technological developments that have the EPA recalculate the MACT emissions from small glycol dehydrators occurred during the past 13 years. standards set in 1999, based on current and their control efficiencies have According to the commenter, the EPA emissions test data, the commenter is remained the same during this period, has not provided a reasoned explanation incorrect. In NRDC v. EPA, 529 F.3d and the commenters have not provided of how those data could be 1077, 1084 (D.C. Cir. 2008), the District any data to the contrary.27 We, representative of currently operating of Columbia Circuit held that it ‘‘[did] glycol dehydrators and associated not think the words ‘review, and revise 27 Memorandum from Brown, Heather, EC/R Inc., to Moore, Bruce, U.S. EPA, titled Technology emission reductions, and how proposals as necessary’ can be construed Review for the Final Amendments to Standards for based on those data can currently meet reasonably as imposing any such the Oil and Natural Gas Production and Natural the MACT requirements for new and obligation’’ to re-calculate the MACT Continued

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therefore, believe the data we have are devices, compressor seals, valves, or any purpose under CAA section 112. In still representative of the performance of flanges or other production equipment light of this prohibition on aggregation, the small dehydrators. located at oil and gas production and the fact that the sources identified Moreover, we believe that the facilities or natural gas storage by the commenter likely would not, if collection and analysis of additional transmission facilities). viewed alone, qualify as a major source, data would take time and further delay One commenter supports the EPA’s it is not clear whether emissions from control of these sources, which we do recognition of the need to control the sources identified by the commenter not think is warranted where, as here, emissions from previously uncontrolled can be addressed by a major source we believe the data on BTEX emissions emission points and commends the EPA NESHAP.28 for the subcategory of small glycol on addressing small glycol dehydration The commenter also references CAA dehydrators are still representative of units and storage vessels without the section 112(k) (and the Urban Air Toxic these sources’ performance today and PFE. The commenters request that the Strategy). CAA section 112(k) is the commenter did not provide any data EPA address all of the uncontrolled designed to address area source that indicates otherwise. HAP emission points of which it is emissions in urban areas. This rule Finally, for small glycol dehydrators, aware. involves a review of 40 CFR part 63, we considered using more current Response: This rule establishes MACT subparts HH and HHH, both of which available data, like the 2005 NEI, standards for major sources of small address major sources, not area sources. however, the NEI dataset lacks specific glycol dehydrators that were left Further, oil and gas production facilities information that we believe is relevant unregulated in the 1999 MACT rule. As are typically not sited in urban areas. to identifying the best performing units. explained further below, in several To the extent that the commenter is Specifically, the NEI data lacks recent rulemakings, we have chosen to requesting EPA to list area source oil information on inlet HAP content and fix certain underlying defects in existing and gas production wells, such a request gas throughput, both of which affect a MACT standards under CAA sections is outside the scope of this action. See glycol dehydrator’s HAP emissions. 112(d)(2) and (3), which are the CAA section 112(n)(4)(B) (specifying Inlet HAP content varies from well site provisions that directly govern the certain requirements for listing ‘‘oil and to well site. A well-controlled glycol initial promulgation of MACT standards gas production wells (with its associated dehydrator at a well site with high inlet (see National Emission Standards for equipment)’’ as an area source category). HAP content may have higher HAP Hazardous Air Pollutants From emissions than a totally uncontrolled Petroleum Refineries, October 28, 2009, B. Major Comments Concerning the Risk glycol dehydrator at a well site with a 74 FR 55670; and National Emission Review low inlet HAP content. Natural gas Standards for Hazardous Air Pollutants: Comment: One commenter states that throughput also affects a glycol Group I Polymers and Resins; Marine the EPA’s analysis for 40 CFR part 63, dehydrator’s overall emissions (i.e., low Tank Vessel Loading Operations; subpart HH revealed two facilities throughput units will tend to have Pharmaceuticals Production; and the (Hawkins Gas Plant, Hawkins, Texas, lower overall emissions, and vice versa). Printing and Publishing Industry, April and Kathleen Tharp 2, Huffman, Texas) For the reasons stated above, in addition 21, 2011, 76 FR 22566). We believe that with a cancer MIR greater than 100-in- to emissions, we need to consider the this approach is reasonable because 1 million based on MACT allowable inlet HAP content and gas throughput of using those provisions ensures that the emissions. The commenter notes that the small glycol dehydrators in order to process and considerations are those since the EPA determined that these properly identify the best performing associated with initially establishing a facilities had a cancer MIR greater than sources and establish the MACT MACT standard, and it is reasonable to 100-in-1 million based on MACT make corrections following the process standard for this subcategory. However, allowable emissions, the EPA that would have been followed if we information on natural gas throughput determined that the risks are had not made an error at the time of the and inlet HAP content is not included unacceptable for the Oil and Natural original promulgation. We appreciate in the NEI or any other readily available Gas Production MACT source category the commenter’s support for regulating data source. Therefore, we used the and additional regulation was needed. 1997 data which included such small glycol dehydrators. Although the agency had proposed However, the commenter believes these information for the small dehydrators. results are entirely incorrect due to Comment: One commenter supports MACT standards under CAA sections 112(d)(2) and (3) for the subcategory of fundamental errors in the EPA’s the EPA’s regulation of previously calculations of MACT allowable risk for unregulated sources in the oil and storage vessels without the PFE, we are not finalizing those standards here. these two facilities. In addition, even if natural gas sector and the commenter the analysis had been correct, the asserts that CAA sections 112(c) and Based on our review of the comments, we believe that we need additional data commenter states there are significant 112(k) (Urban Air Toxics Strategy) issues associated with the data for both support their position regarding the in order to set an emission standard for these vessels. We intend to collect the of these facilities, which the commenter regulation of previously unregulated discusses in detail, that the commenter sources. The commenter asserts that appropriate data and propose a MACT emission standard under CAA sections believes are sufficient to invalidate the historical regulation of emission sources results and the EPA’s conclusion that within the sector leaves a large number 112(d)(2) and (3) of the CAA. The commenter identifies certain risks from the Oil and Natural Gas of dehydrators, storage vessels and Production source category are equipment at gas processing plants emission sources, other than small glycol dehydrators and storage vessels unacceptable. unregulated. Additionally, the Response: We have reviewed our risk commenter states that historical without the PFE (e.g., wells), that it alleges are uncontrolled. CAA section results for the Oil and Natural Gas regulation has also not limited Production source category and agree emissions from a number of other 112(n)(4)(A) prohibits aggregation of emissions from any oil and gas emission sources (i.e., wells, pneumatic 28 Even if the commenter were to identify an exploration or production wells (with unregulated emission point under the NESHAP, it Gas Transmission and Storage Source Categories. their associated equipment) in can always petition the agency to revise the 1999 Dated April 17, 2012. determining major source status or for MACT standards.

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with the commenter that a number of believes that, in general, the emission effectiveness of removing this errors were made in our analysis, reductions for dehydrators forced to alternative. including those noted by the switch from the 0.9 Mg/yr benzene C. Major Comments Concerning the commenter. As explained in VII.A.2 of alternative to 95-percent control would Technology Review this preamble, we have revised the risk be considerably less than those achieved assessment for this major source by small dehydrators. The commenter Comment: One commenter states that, category to correct certain mistakes further notes that the cost-effectiveness in conducting an 8-year review, the EPA made in the analysis supporting the calculated for small dehydrators is must ‘‘look back’’ at the earlier standard proposed rule. based on a 95-percent reduction from an and ascertain whether: (1) The standard was adopted using procedures that Based on our revised risk assessment, uncontrolled baseline level. According comply with the law as it has come to in which we evaluated the risks that to the commenter, if a large dehydrator be interpreted by the courts; (2) the EPA remain after promulgation of the has installed controls to meet the 0.9 had sufficiently accurate and original MACT standards, as well as the Mg/yr alternative benzene limitation, MACT standards for small glycol comprehensive data at the time of the the cost effectiveness must be based on dehydrators established in this final initial standard setting respecting the the incremental reduction between the rule, we have determined the risks for emissions profile of the category and existing controls and 95 percent. The the Oil and Natural Gas Production properly identified the best performing major source category are acceptable commenter states that the EPA has unit(s); and (3) the EPA had properly and that the MACT standards (including provided no evidence that these used the available data. those promulgated here for small glycol incremental reductions would be greater The commenter states the EPA then dehydrators) provide an ample margin than or equal to the 95-percent must ‘‘look around’’ using currently of safety. Further, we are retaining the reductions that would be achieved for available data and determine whether: 0.9 Mg/yr benzene compliance smaller dehydrators. In conclusion, the (1) The emissions profile of the industry alternative, which we had proposed to commenter states that the rationale used has changed in a way that would remove based on our incorrect by the EPA in the preamble to support substantially affect the MACT floor conclusion that this alternative was the removal of the 0.9 Mg/yr compliance calculations (the commenter adds that driving the risk for this major source alternative for dehydrators at natural gas this includes consideration of any category. transmission and storage facilities under increase in the number of good Comment: One commenter states that section 112(f)(2) of the CAA is not performing units available for use in the the EPA bases the decision to eliminate supported by any of the background existing source MACT floor calculation the 0.9 Mg/yr benzene emission technical documentation and analyses. and in the performance of the best limitation for 40 CFR part 63, subpart The commenter believes that the EPA performing unit); (2) data gaps or HHH on two basic factors: (1) It would has no basis under any other CAA uncertainties that affected the earlier reduce the cancer MIR from 90-in-1 authority for this action. decision have been resolved in the interim or can be resolved using new million to 20-in-1 million, and (2) the Response: In response to comments, information available to the agency; (3) cost effectiveness to comply with this we re-examined our risk assessment for costs or other factors have changed in a option is reasonable. The commenter the Natural Gas Transmission and way that would substantially affect the states that both of these conclusions are Storage source category and discovered ‘‘beyond-the-floor’’ determination; (4) erroneous. a number of errors, which we have First, the commenter states that the use of improved practices, processes discussed in more detail in section removal of 0.9 Mg/yr benzene or technologies (including VII.B.2 of this preamble. As explained alternative does not reduce risk. The improvements in the performance of commenter states that the EPA’s own in that section, we have revised the risk existing technologies) has become more technical analysis indicates that assessment for this major source prevalent than at the time of the initial removal of the 0.9 Mg/yr benzene category to correct the mistakes. Based standard setting; or (5) whether newer alternative would have no effect on the on our revised risk assessment, in which regulatory requirements, work practices MIR. we evaluated the risks that remain after or emission limitations (including state Secondly, the commenter states that promulgation of the original MACT and local jurisdiction air pollution the EPA’s cost analysis is severely standards, as well as the MACT standards and federal enforcement flawed. The commenter also states that standards for small glycol dehydrators actions), which are more stringent than the EPA noted at proposal, that the cost- in this final rule, we have determined the existing CAA section 112(d) effectiveness associated with removing that the risks for the Oil and Gas standard, have shown the achievement the 0.9 Mg/yr benzene compliance Transmission and Storage major source or achievability of greater emission alternative for natural gas transmission category are acceptable and that the reductions than the existing standard and storage facilities was reasonable. MACT standards (including those requires. However, the commenter explained that promulgated here) provide an ample Response: As explained in the the cost estimates used by the EPA in margin of safety. Further, we are preamble to the proposed rule, our the ample margin of safety retaining the 0.9 Mg/yr benzene technology review focused on the determination are inadequate. compliance alternative, which we had identification and evaluation of According to the commenter, the EPA proposed to remove based on our ‘‘developments in practices, processes, did not conduct any analysis using incorrect conclusion that it was driving and control technologies’’ since the actual data. Rather, the commenter the risk for this major source category. promulgation of the MACT standards notes that the EPA used costs estimated We agree with the commenter that for the two oil and gas source categories for small dehydrators and made general removal of the 0.9 Mg/yr benzene at issue here. We first reviewed the assumptions to estimate an upper-end compliance alternative does not reduce available information. In this regard, we cost effectiveness for removing the 0.9 risks for this major source category. reviewed a variety of sources of data, Mg/yr benzene alternative limit for large Because we are retaining this including data obtained in subsequent dehydrators at natural gas transmission compliance alternative, we need not air toxics rules to see if any practices, and storage facilities. The commenter address the comment on the cost processes and control technologies

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considered in these actions could be mandate to correct flaws that existed at sections 112(d)(2) and (3) within its applied to emission sources in the the time of the original promulgation. CAA section 112(d)(6) technology source categories at issue here. We also In several recent rulemakings, we review, which we disagree. consulted the EPA’s Reasonably have chosen to fix underlying defects in Comment: One commenter states that Available Control Technology (RACT)/ existing MACT standards under CAA the EPA’s technology review for storage Best Available Control Technology sections 112(d)(2) and (3), the vessel control technologies is limited (BACT)/Lowest Achievable Emission provisions that directly govern the and makes incorrect assumptions. The Rate (LAER) Clearinghouse (RBLC) and initial promulgation of MACT standards commenter contends that without the Natural Gas STAR program. At (see National Emission Standards for further support, the public cannot proposal, we explained that we consider Hazardous Air Pollutants From understand and the EPA cannot justify any of the following to be a Petroleum Refineries, October 28, 2009, its proposed decision; therefore, the ‘‘development’’: 74 FR 55670; and National Emission EPA’s proposal is arbitrary and Standards for Hazardous Air Pollutants: —Any add-on control technology or capricious. The commenter adds that Group I Polymers and Resins; Marine other equipment that was not the EPA must conduct an updated Tank Vessel Loading Operations; beyond-the-floor analysis for storage identified and considered during Pharmaceuticals Production; and the MACT development; vessels, by determining the ‘‘maximum Printing and Publishing Industry, April degree of reduction in emissions’’ that is —Any improvements in add-on control 21, 2011, 76 FR 22566). We believe that achievable, as required under CAA technology or other equipment (that our approach is reasonable because section 112(d)(2). The commenter states was identified and considered during using those provisions ensures that the that the proposed rule fails to provide MACT development) that could result process and considerations are those any discussion of a beyond-the-floor in significant additional emission associated with initially establishing a determination for storage vessels. reduction; MACT standard, and it is reasonable to One commenter states that the EPA —Any work practice or operational make corrections following the process must examine advances in vapor procedure that was not identified and that would have been followed if we recovery unit technology and reconsider considered during MACT had not made an error at the time of the floating roof technology for tanks development; and original promulgation. As explained containing liquids that do not have the —Any process change or pollution elsewhere, we are not finalizing MACT PFE. The commenter contends that the prevention alternative that could be standards for the subcategory of storage EPA improperly rejected technology broadly applied that was not vessels without the PFE, which were advances and developments in identified and considered during unregulated in the 1999 rule, because pollution prevention systems found in MACT development. after evaluating the available data and its own RBLC database and employed comments received, we believe that we The commenter views CAA section by its own Natural Gas STAR partners. need additional data in order to set an 112(d)(6) differently. It appears to argue Specifically, according to the emission standard for these vessels. We that CAA section 112(d)(6) requires that commenter, the EPA failed to evaluate are, however, finalizing MACT the EPA recalculate the MACT based on the performance achieved by systems standards under CAA sections 112(d)(2) current data and technology. The same that use thermal or catalytic oxidizers, and (3) for the subcategory of small argument was posed to the District of either alone or in combination with glycol dehydration units. condensers. According to the Columbia Circuit, and the Court ‘‘[did] With regard to our CAA section commenter, the EPA’s RBLC review not think that the words ‘review, and 112(d)(6) review, we found no identified a BACT determination for revise as necessary’ can be construed significant developments in practices, reasonably as imposing any such processes and control technologies for dehydrator efficiency of 98 percent. The obligation.’’ NRDC v. EPA, 529 F.3d reducing emissions from large glycol commenter also urges the EPA to 1077, 1084 (D.C. Cir. 2008). Thus, dehydrators and storage vessels with evaluate the use of combustion devices contrary to the commenter’s assertion, PFE.29 Accordingly, we are not revising and vapor recovery units that capture the EPA is not required pursuant to these standards under CAA section vent steam from the tank and turn it into CAA section 112(d)(6) to re-calculate 112(d)(6). a saleable product by recompressing the the floors it set in 1999. The EPA also conducted a technology hydrocarbon vapors. The commenter To the extent the commenter is review evaluating various options for contends that the EPA rejects arguing that CAA section 112(d)(6) controlling HAP emissions from technology advances by asserting that mandates that the EPA correct any equipment leaks. As described in the those technologies were considered in deficiency in an underlying MACT proposed rule (76 FR 52784), we the 1999 rulemaking, but fails to standard when it conducts the evaluated advancements in controlling provide support for its decision in either ‘‘technology review’’ under that section, this emissions source since the original the record of the 1999 rulemaking or the we disagree. We believe that CAA standards were promulgated, including current record. The commenter section 112 does not expressly address the emission reduction potential and contends that the EPA must provide a this issue, and the EPA has discretion in associated cost-effectiveness of these basis for its decisions and conclusions. determining how to address a purported advancements. As a result of our review, Response: For the reasons discussed flaw in a promulgated standard. CAA we revised the leak definition for valves in the prior response, the EPA disagrees section 112(d)(6) provides that the at natural gas processing plants to 500 with the commenter’s assertion that it agency must review and revise ‘‘as ppm, thus, requiring the application of must re-do the MACT floor calculations, necessary.’’ The ‘‘as necessary’’ the LDAR requirement at this lower including the beyond-the-floor language must be read in the context of detection level. As discussed above, the determination, for the standards that the the provision, which focuses on the commenter appears to be arguing that agency set in 1999. As to the review of developments that have the EPA must redo the MACT floor and technologies identified by the occurred since the time of the original beyond-the-floor analysis under CAA commenter, they were in existence and promulgation of the MACT standard considered by the EPA at the time the and thus should not be read as a 29 See footnote 25. EPA promulgated the original MACT

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standards for storage vessels.30 31 In requiring annual reports to be submitted information on total emission addition, we are not finalizing control electronically, but we will continue to reductions reported to the EPA by requirements for storage vessels without evaluate this option in the future. partners of the EPA Natural Gas STAR. the PFE, as described in section VII.A of This estimate of this voluntary REC 2. Electronic Reporting of Emissions this preamble. The record does not activity in the absence of regulation is Data support the assertion that the also included in the baseline.33 More technologies identified by the Several commenters raised similar detailed discussion on the derivation of commenter have advanced in terms of issues regarding reporting of emissions the baseline is presented in a technical HAP emission reduction or have data under the NESHAP as under the memorandum in the docket, as well as become significantly more cost effective. NSPS, described supra, and our in the Regulatory Impact Analysis (RIA). As explained in the preamble to the responses there apply equally here. Additionally, in the RIA, we provide proposed rule (76 FR 52785), we Please see comments and responses in summary-level estimates of emissions examined technologies that were similar section IX.F.3 of this preamble. reductions and engineering compliance to the cover and route emissions to a XI. What are the cost, environmental costs for a case where no voluntary REC control device that the MACT floor and economic impacts of the final are assumed to occur. This alternative requires and, thus, would not result in NESHAP and NSPS amendments? case is presented in order to show reductions beyond the existing MACT impacts if conditions were such that requirements. Further, evaluation of A. What are the air impacts? REC were no longer performed on a technologies in the RBLC did not For the oil and natural gas sector voluntary basis, but, rather, were produce any applicable practices, NESHAP and NSPS, we estimated the compelled by the regulation, and serves, processes or control technologies that emission reductions that will occur due in part, to capture the inherent were not considered during the original to the implementation of the final uncertainty in projecting voluntary MACT for storage vessels with flash emission limits. The EPA estimated activity into the future. As such, this emissions.32 emission reductions based on the alternative case establishes the full D. Major Comments Concerning control technologies selected by the universe of emissions reductions that Notification, Recordkeeping and engineering analysis. These emission are guaranteed by this NSPS (those that Reporting Requirements reductions associated with the final are required to occur under the rule, amendments to 40 CFR part 63, subpart including those that would likely occur 1. Annual Reports HH and 40 CFR part 63, subpart HHH voluntarily). While the primary baseline Comment: One commenter requested are based on the estimated population may better represent actual costs (and that the EPA add a self-certification in 2008. Under the finalized limits for emissions reductions) beyond those requirement to the annual report similar glycol dehydration units, we have already expected under business as to that used in the title V program. The estimated that the HAP emissions usual, the alternative case better commenter recommended that the final reductions will be 670 tons for existing captures the full amount of emissions rule require the annual report to include units subject to the final emissions reductions where the NSPS acts as a a statement signed by a senior official of limits. backstop to ensure that emission the facility attesting to the truth, For the NSPS, we estimated the reduction practices occur (practices accuracy and completeness of the emission reductions that will occur due covered by this rule). report. to the implementation of the final Under the final NSPS, we have The commenter also requested that emission limits. The EPA estimated estimated that the emissions reductions the EPA require that the annual reports emission reductions based on the to be about 190,000 tons VOC affected be submitted electronically to facilitate control technologies selected by the facilities subject to the NSPS. The NSPS making the reports publicly available. engineering analysis. These emission is also expected to concurrently reduce The commenter suggested using social reductions are based on the estimated 1.0 million tons methane and 11,000 media outlets, smart phone applications population in 2015. tons HAP. We estimate that direct and other electronic means to make the The primary baseline used for the reductions in HAP, methane and VOC annual reports readily available. impacts analysis of our NSPS for Response: The EPA agrees that self- for the final rules combined total about completions of hydraulically fractured certification is an important mechanism 12,000 tons, 1.0 million tons and natural gas wells takes into account REC for assuring the public that the 190,000 tons, respectively. If voluntary conducted pursuant to state regulations information submitted by each facility is action is not deducted from the NSPS covering these operations and estimates accurate. In addition, the title V baseline, the emissions reductions of REC performed voluntarily. To program has successfully employed self- achieved by the final NSPS in HAP, account for REC performed in regulated certification for since its inception. methane and VOC are estimated at states, the EPA subsumed emissions Therefore, we are requiring self- reductions and compliance costs in 33 certification, based on requirements in Voluntary short-term actions (such as REC) are states where these completion-related challenging to capture accurately in a prospective the title V program, in the final rule. emissions are already controlled into analysis, as such, reductions are not guaranteed to While we agree that having annual the baseline. Additionally, based on continue. However, Natural Gas STAR represents a reports readily available to the public is nearly 20-year voluntary initiative with public comments and reports to the a desirable goal, we did not identify any participation from 124 natural gas companies EPA’s Natural Gas STAR program, the operating in the United States, including 28 reporting programs or electronic EPA recognizes that some producers producers, over a wide historical range of natural databases that may be used for this conduct well completions using REC gas prices. This unique program and dataset, the purpose without significant significant impact of voluntary REC on the techniques voluntarily for economic modification. Therefore, we are not projected cost and emissions reductions (due to and/or environmental objectives as a significant REC activity), and the fact that REC can normal part of business. To account for actually increase natural gas recovered from natural 30 See footnote 25. gas wells (offering a clear incentive to continue the 31 See EPA Legacy Docket A–94–04 MACT floor emissions reductions and costs arising practice), led the agency to conclude that it was memos II–A–006 and –007. from voluntary implementation of appropriate to estimate these particular voluntary 32 See footnote 25. pollution controls, the EPA used actions in the baseline for this rule.

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about 19,000 tons, 1.7 million tons and net annual cost for final amendments to simple sensitivity analysis of the 290,000 tons, respectively. 40 CFR part 63, subpart HHH for major influence of the assumed wellhead price The EPA received several comments sources in the Natural Gas Transmission paid to natural gas producers on the regarding the emission factor selected to and Storage source category is estimated overall engineering annualized costs calculate whole gas emissions (and the to be approximately $180,000. These estimate of the final NSPS. At $4.22/ associated VOC emissions) from estimated annual costs include: (1) The Mcf, the price forecast reported in the hydraulically fractured well cost of capital, (2) operating and 2011 Annual Energy Outlook in 2008 completions. Comments focused on the maintenance costs, (3) the cost of dollars, the annualized cost savings for data behind the emission factor, what monitoring, inspection, recordkeeping the final NSPS are estimated at about the emission factor is intended to and reporting (MIRR) and (4) any $24 million. As indicated by this represent and the procedures used to associated product recovery credits. All difference, the EPA has chosen a develop the emission factor from the costs are in 2008 dollars. relatively conservative assumption selected data sets. We reviewed all The estimated total capital cost to (leading to an estimate of few savings information received and have decided comply with the final NSPS is and higher net costs) for the engineering to retain the data set and the analysis approximately $25 million in 2008 costs analysis. The natural gas price at conducted to develop the emission dollars. The total estimated net annual which the final NSPS breaks-even from factor of 9,000 thousand cubic feet (Mcf) cost to industry to comply with the final an estimated engineering costs per completion. More detailed NSPS is estimated to be approximately perspective is around $3.66/Mcf. A $1/ discussion is presented in a technical $170 million in 2008 dollars. This Mcf change in the wellhead natural gas memorandum on this subject in the annual cost estimate includes: (1) The price leads to a $43 million change in docket. cost of capital, (2) operating and the annualized engineering costs of the maintenance costs and (3) the cost of B. What are the energy impacts? final NSPS. Consequently, annualized MIRR. This estimated annual cost does engineering costs estimates would Energy impacts in this section are not take into account any producer increase to about $29 million under a those energy requirements associated revenues associated with the recovery of $3/Mcf price or decrease to about ¥$58 with the operation of emission control salable natural gas and hydrocarbon million under a $5/Mcf price. For devices. Potential impacts on the condensates. further details on this sensitivity national energy economy from the rule When revenues from additional analysis, please refer the RIA for this are discussed in the economic impacts product recovery are considered, the rulemaking located in the docket. section. There would be little national final NSPS is estimated to result in a net energy demand increase from the annual engineering cost savings overall. D. What are the economic impacts? operation of any of the environmental When including the additional natural The analysis of energy system impacts controls analyzed under the final gas recovery in the engineering cost EPA performed using the United States NESHAP amendments and final NSPS. analysis, we assume that producers are The final NESHAP amendments and paid $4/Mcf for the recovered gas at the Department of Energy’s (DOE) National final NSPS encourage the use of wellhead. The engineering analysis cost Energy Modeling System (NEMS) shows emission controls that recover analysis assumes the value of recovered that domestic natural gas production is hydrocarbon products, such as methane condensate is $70 per barrel. Based on not likely to change in 2015 as a result and condensate that can be used on-site the engineering analysis, about 43 of the final rules, the year used in the as fuel or reprocessed within the million Mcf (43 billion cubic feet) of RIA to analyze impacts. Average natural production process for sale. We natural gas and 160,000 barrels of gas prices are also not estimated to estimated that the final standards will condensate are estimated to be change in response to the final rules. result in net annual costs savings of recovered by control requirements in Domestic crude oil production is not about $11 million (in 2008 dollars) due 2015. Using the price assumptions, the expected to change, while average crude to the recovery of salable natural gas estimated revenues from natural gas and oil prices are estimated to decrease and condensate. Thus, the final condensate recovery are approximately slightly (about $0.01/barrel or about standards have a positive impact $180 million in 2008 dollars. 0.01 percent at the wellhead for onshore associated with the recovery of non- Using the engineering cost estimates, production in the lower 48 states). All renewable energy resources. estimated natural gas product recovery prices are in 2008 dollars. The NEMS- and natural gas product price based analysis estimates in the year of C. What are the cost impacts? assumptions, the net annual engineering analysis, 2015, that net imports of The estimated total capital cost to cost savings is estimated for the final natural gas and crude oil will not comply with the final amendments to 40 NSPS to be about $15 million. Totals change. CFR part 63, subpart HH for major may not sum due to independent E. What are the benefits of this final sources in the Oil and Natural Gas rounding. rule? Production source category is If voluntary action is not deducted approximately $2.6 million. The total from the baseline, capital costs for the The final Oil and Natural Gas NSPS capital cost for the final amendments to NSPS are estimated at $25 million and and NESHAP amendments are expected 40 CFR part 63, subpart HHH for major annualized costs without revenues from to result in significant reductions in sources in the Natural Gas Transmission product recovery for the NSPS are existing emissions and prevent new and Storage source category is estimated estimated at $330 million. In this emissions from expansions of the to be approximately $140,000. All costs scenario, given the assumptions about industry. These final rules combined are are in 2008 dollars. product prices, estimated revenues from anticipated to reduce 12,000 tons of The total estimated net annual cost to product recovery are $350 million, HAP, 190,000 tons of VOC (a precursor industry to comply with the final yielding an estimated cost of savings of to both PM (2.5 microns and less) amendments to 40 CFR part 63, subpart about $22 million. (PM2.5) and ozone formation) and 1.0 HH for major sources in the Oil and As the price assumption is very million tons of methane (a GHG and a Natural Gas Production source category influential on estimated annualized precursor to global ozone formation). is approximately $3.3 million. The total engineering costs, we performed a These pollutants are associated with

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substantial health effects, welfare effects significant public health effects. PM2.5 is This rulemaking requires emission and climate effects. associated with health effects, including control technologies and regulatory With the data available, we are not premature mortality for adults and alternatives that will significantly able to provide credible health benefit infants, cardiovascular morbidity such decrease HAP and VOC emissions from estimates for the reduction in exposure as heart attacks, and respiratory the oil and natural gas sector in the to HAP, ozone and PM2.5 for these rules, morbidity such as asthma attacks, acute United States. As a co-benefit, the due to the differences in the locations of and chronic bronchitis, hospital emission control measures the industry oil and natural gas emission points admissions and emergency room visits, will use to reduce HAP and VOC relative to existing information and the work loss days, restricted activity days emissions will also decrease methane highly localized nature of air quality and respiratory symptoms, as well as emissions. The NESHAP Amendments responses associated with HAP and visibility impairment.37 Ozone is and the NSPS combined are expected to VOC reductions. This is not to imply associated with health effects, including reduce methane emissions annually by that there are no benefits of the rules; hospital and emergency department about 1.0 million short tons or about 19 rather, it is a reflection of the difficulties visits, school loss days and premature million metric tons CO2e. After in modeling the direct and indirect mortality, as well as injury to vegetation considering the secondary impacts of impacts of the reductions in emissions and climate effects.38 this rule as previously discussed, such for this industrial sector with the data In addition to the improvements in air as increased CO2 emissions from well 34 currently available. In addition to quality and resulting benefits to human completion combustion and decreased health improvements, there will be health and non-climate welfare effects CO2e emissions because of fuel- improvements in visibility effects, previously discussed, this rule is switching by consumers, the methane ecosystem effects and climate effects, as expected to result in significant climate reductions become about 18 million well as additional product recovery. co-benefits due to anticipated methane metric tons CO2e. The methane Although we do not have sufficient reductions. Methane is a potent GHG reductions represent about 7 percent of information or modeling available to that, once emitted into the atmosphere, the baseline methane emissions for this provide quantitative estimates for this absorbs terrestrial infrared radiation, sector reported in the EPA’s U.S. rulemaking, we include a qualitative which contributes to increased global Greenhouse Gas Inventory Report for assessment of the health effects warming and continuing climate 2009 (251.55 million metric tons CO2e associated with exposure to HAP, ozone change. Methane reacts in the when petroleum refineries and and PM in the RIA for this rule. These 2.5 atmosphere to form ozone and ozone petroleum transportation are excluded qualitative effects are briefly also impacts global temperatures. because these sources are not examined summarized below, but for more According to the Intergovernmental in this proposal). However, it is detailed information, please refer to the important to note that the emission RIA, which is available in the docket. Panel on Climate Change (IPCC) 4th reductions are based upon predicted One of the HAP of concern from the oil Assessment Report (2007), methane is activities in 2015; the EPA did not and natural gas sector is benzene, which the second leading long-lived climate forecast sector-level emissions in 2015 is a known human carcinogen. VOC forcer after CO2 globally. Total methane for this rulemaking. These emission emissions are precursors to both PM emissions from the oil and gas industry 2.5 reductions equate to the climate benefits and ozone formation. As documented in represent about 40 percent of the total of taking approximately 4 million previous analyses (U.S. EPA, 2006 35 methane emissions from all sources and typical passenger cars off the road or and U.S. EPA, 2010 36), exposure to account for about 5 percent of all CO2e emissions in the United States, with eliminating electricity use from about 2 PM2.5 and ozone is associated with natural gas systems being the single million typical homes each year.40 The EPA recognizes that the methane 34 Previous studies have estimated the monetized largest contributor to United States benefits-per-ton of reducing VOC emissions anthropogenic methane emissions.39 reductions from this rule will provide associated with the effect that those emissions have Methane, in addition to other GHG for significant economic climate benefits on ambient PM2.5 levels and the health effects emissions, contributes to warming of the to society just described. However, the associated with PM2.5 exposure (Fann, Fulcher, and 2009–2010 Interagency Social Cost of Hubbell, 2009). While these ranges of benefit-per- atmosphere, which, over time, leads to ton estimates provide useful context for the break- increased air and ocean temperatures, Carbon Work Group did not produce even analysis, the geographic distribution of VOC changes in precipitation patterns, directly modeled estimates of the social emissions from the oil and gas sector are not melting and thawing of global glaciers cost of methane. In the absence of direct consistent with emissions modeled in Fann, model estimates from the interagency Fulcher, and Hubbell (2009). In addition, the and ice, increasingly severe weather benefit-per-ton estimates for VOC emission events, such as hurricanes of greater analysis, the EPA has used a ‘‘global reductions in that study are derived from total VOC intensity and sea level rise, among other warming potential (GWP) approach’’ to emissions across all sectors. Coupled with the larger impacts. estimate the dollar value of this rule’s uncertainties about the relationship between VOC methane co-benefits. Specifically, the emissions and PM2.5 and the highly localized nature of air quality responses associated with HAP and 37 U.S. EPA. Integrated Science Assessment for EPA converted methane to CO2 VOC reductions, these factors lead us to conclude Particulate Matter (Final Report). EPA–600–R–08– equivalents using the GWP of methane, that the available VOC benefit-per-ton estimates are 139F. National Center for Environmental then multiplied these CO2 equivalent not appropriate to calculate monetized benefits of Assessment—RTP Division. December 2009. emission reductions by the social cost of these rules, even as a bounding exercise. Available at http://cfpub.epa.gov/ncea/cfm/ 35 U.S. EPA. RIA. National Ambient Air Quality recordisplay.cfm?deid=216546. carbon developed by the Interagency Standards for Particulate Matter, Chapter 5. Office 38 U.S. EPA. Air Quality Criteria for Ozone and Social Cost of Carbon Work Group. of Air Quality Planning and Standards, Research Related Photochemical Oxidants (Final). EPA/600/ The social cost of carbon is an Triangle Park, NC. October 2006. Available on the R–05/004aF-cF. Washington, DC: U.S. EPA. estimate of the net present value of the Internet at http://www.epa.gov/ttn/ecas/regdata/ February 2006. Available on the Internet at flow of monetized damages from a 1- RIAs/Chapter%205--Benefits.pdf. http://cfpub.epa.gov/ncea/CFM/ 36 U.S. EPA. RIA. National Ambient Air Quality recordisplay.cfm?deid=149923. metric ton increase in CO2 emissions in Standards for Ozone. Office of Air Quality Planning 39 U.S. EPA (2011), 2011 U.S. Greenhouse Gas and Standards, Research Triangle Park, NC. January Inventory Report Executive Summary available on 40 U.S. EPA. Greenhouse Gas Equivalency 2010. Available on the Internet at http:// the internet at http://epa.gov/climatechange/ Calculator available at: http://www.epa.gov/ www.epa.gov/ttn/ecas/regdata/RIAs/s1- emissions/downloads11/US-GHG-Inventory-2011– cleanenergy/energy-resources/calculator.html, supplemental_analysis_full.pdf. Executive-Summary.pdf, accessed 02/13/12. accessed 04/09/12.

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a given year (or from the alternative ‘‘GWP approach’’ to benefits estimation final NSPS, the revenue from additional perspective, the benefit to society of will likely understate the climate product recovery exceeds the costs, reducing CO2 emissions by 1 ton). For benefits of methane reductions in most which renders a break-even analysis more information about the social cost cases.43 This conclusion is reached unnecessary when these revenues are of carbon, see the Support Document: using the 100-year GWP for methane of included in the analysis. Based on the Social Cost of Carbon for Regulatory 25 as put forth in the IPCC Fourth methodology from Fann, Fulcher, and Impact Analysis Under Executive Order Assessment Report (AR 4), as opposed Hubbell (2009),44 ranges of benefit-per- 12866.41 Applying this approach to the to the lower value of 21 used in this ton estimates for emissions of VOC methane reductions estimated for the analysis. Using the higher GWP estimate indicate that on average in the United NESHAP Amendments and NSPS, the of 25 would increase these reported States, VOC emissions are valued from 2015 climate co-benefits vary by methane climate co-benefit estimates by $1,200 to $3,000 per ton as a PM2.5 discount rate and range from about $100 about 19 percent. Although the IPCC precursor, but emission reductions in million to approximately $1.3 billion; Assessment Report (AR4) suggested a specific areas are valued from $280 to the mean social cost of carbon at the 3- GWP of 25 for methane, the EPA has $7,000 per ton in 2008 dollars. As a percent discount rate results in an used the GWP of 21 from the IPCC result, even if VOC emissions from oil estimate of about $440 million in Second Assessment Report to estimate and natural gas operations result in 2015.42 the methane climate co-benefits for this monetized benefits that are substantially These co-benefits equate to a range of oil and gas rule. The EPA uses the 21 below the national average, there is a approximately $110 to $1,400 per short GWP in order to provide estimates more reasonable chance that the benefits of ton of methane reduced, depending consistent with global GHG inventories, the rule would exceed the costs, upon the discount rate assumed with a which currently use GWP from the IPCC especially if we were able to monetize per ton estimate of $480 at the 3-percent Second Assessment Report, and with all of the additional benefits associated discount rate. These social cost of the US GHG Reporting program. See the with ozone formation, visibility, HAP methane benefit estimates are not the Regulatory Impact Analysis for further and methane. same as would be derived from direct details. computations (using the integrated Due to the uncertainties involved XII. Statutory and Executive Order assessment models employed to develop with the ‘‘GWP approach’’ estimates Reviews the Interagency Social Cost of Carbon presented and methane climate co- A. Executive Order 12866, Regulatory estimates) for a variety of reasons, benefits estimates available in the Planning and Review and Executive including the shorter atmospheric literature, the EPA chooses not to Order 13563, Improving Regulation and compare these co-benefit estimates to lifetime of methane relative to CO2 Regulatory Review (about 12 years compared to CO whose the costs of the rule for this proposal. 2 Under section 3(f)(1) of Executive concentrations in the atmosphere decay Rather, the EPA presents the ‘‘GWP Order 12866 (58 FR 51735, October 4, on timescales of decades to millennia). approach’’ climate co-benefit estimates 1993), this action is an ‘‘economically The climate impacts also differ between as an interim method to produce these significant regulatory action’’ because it the pollutants for reasons other than the estimates until the Interagency Social is likely to have an annual effect on the radiative forcing profiles and Cost of Carbon Work Group develops economy of $100 million or more. atmospheric lifetimes of these gases. values for non-CO2 GHG. Accordingly, the EPA submitted this Methane is a precursor to ozone and For the final NESHAP amendments, a action to the Office of Management and ozone is a short-lived climate forcer that break-even analysis suggests that HAP Budget (OMB) for review under contributes to global warming. The use emissions would need to be valued at Executive Order 12866 and Executive of the IPCC Second Assessment Report $5,200 per ton for the benefits to exceed Order 13563 (76 FR 3821, January 21, GWP to approximate co-benefits may the costs if the health, ecosystem and 2011), and any changes made in underestimate the direct radiative climate benefits from the reductions in VOC and methane emissions are response to OMB recommendations forcing benefits of reduced ozone levels assumed to be zero. Even though have been documented in the docket for and does not capture any secondary emission reductions of VOC and this action. climate co-benefits involved with methane are co-benefits for the final In addition, the EPA prepared a ozone-ecosystem interactions. In NESHAP amendments, they are Regulatory Impact Analysis (RIA) of the addition, a recent the EPA National legitimate components of the total potential costs and benefits associated Center of Environmental Economics benefit-cost comparison. If we assume with this action. The RIA available in working paper suggests that this quick the health benefits from HAP emission the docket describes in detail the reductions are zero, the VOC emissions empirical basis for the EPA’s 41 Interagency Working Group on Social Cost of Carbon (IWGSC). 2010. Technical Support would need to be valued at $2,900 per assumptions and characterizes the Document: Social Cost of Carbon for Regulatory ton or the methane emissions would various sources of uncertainties Impact Analysis Under Executive Order 12866. need to be valued at $8,300 per ton for affecting the estimates below. Table 7 Docket ID EPA–HQ–OAR–2009–0472–114577. the co-benefits to exceed the costs. All shows the results of the cost and http://www.epa.gov/otaq/climate/regulations/scc- tsd.pdf, accessed 02/12/12. estimates are in 2008 dollars. For the benefits analysis for these final rules. 42 The ratio of domestic to global benefits of emission reductions varies with key parameter 43 Marten and Newbold (2011), Estimating the 44 Fann, N., C.M. Fulcher, B.J. Hubbell. The assumptions. See Interagency Working Group on Social Cost of Non-CO2 GHG Emissions: Methane influence of location, source, and emission type in Social Cost of Carbon. 2010. Technical Support and Nitrous Oxide, NCEE Working Paper Series estimates of the human health benefits of reducing Document: Social Cost of Carbon for Regulatory #11–01. http://yosemite.epa.gov/EE/epa/eed.nsf/ a ton of air pollution. Air Qual Atmos Health (2009) Impact Analysis Under Executive Order 12866. WPNumber/2011-01?OpenDocument. 2:169–176.

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TABLE 7—SUMMARY OF THE MONETIZED BENEFITS, SOCIAL COSTS AND NET BENEFITS FOR THE FINAL OIL AND NATURAL GAS NSPS AND NESHAP AMENDMENTS IN 2015 [Millions of 2008$] 1

Final NSPS and NESHAP Final NSPS Final NESHAP amendments amendments combined

Health effects of HAP exposure. Health effects of PM2.5 and ozone exposure. Visibility impairment. Vegetation effects. Climate effects. 1 All estimates are for the implementation year (2015). 2 While we expect that these avoided emissions will result in improvements in air quality and reductions in health effects associated with HAP, ozone, and particulate matter (PM) as well as climate effects associated with methane, we have determined that quantification of those benefits and co-benefits cannot be accomplished for this rule in a defensible way. This is not to imply that there are no benefits or co-benefits of the rules; rather, it is a reflection of the difficulties in modeling the direct and indirect impacts of the reductions in emissions for this industrial sector with the data currently available. 3 The engineering compliance costs are annualized using a 7-percent discount rate. The negative cost for the final NSPS reflects the inclusion of revenues from additional natural gas and hydrocarbon condensate recovery that are estimated as a result of the NSPS. Possible explanations for why there appear to be negative cost control technologies are discussed in the engineering costs analysis section in the RIA. 4 For the NSPS, reduced exposure to HAP and climate effects are co-benefits. For the NESHAP, reduced VOC emissions, PM2.5 and ozone exposure, visibility and vegetation effects and climate effects are co-benefits. The specific control technologies for the final NSPS are anticipated to have minor secondary disbenefits, including an increase of 1.1 million tons of carbon dioxide (CO2), 550 tons of nitrogen oxides (NOX), 19 tons of PM, 3,000 tons of CO and 1,100 tons of total hydrocarbons (THC), as well as emission reductions associated with the energy system impacts. The specific control technologies for the NESHAP are anticipated to have minor secondary disbenefits, but the EPA was unable to estimate these secondary disbenefits. The net CO2-equivalent emission reductions are 18 million metric tons.

B. Paperwork Reduction Act When a malfunction occurs, sources adjustments to this ICR that shows what The information collection must report them according to the the notification, recordkeeping and requirements in this rule have been applicable reporting requirements of 40 reporting requirements associated with submitted for approval to the Office of CFR part 63, subpart HH or 40 CFR part the assertion of the affirmative defense Management and Budget (OMB) under 63, subpart HHH. An affirmative might entail. The EPA’s estimate for the the Paperwork Reduction Act, 44 U.S.C. defense to civil penalties for required notification, reports, and 3501, et seq. The information collection exceedances of emission limits that are records, including the root cause requirements are not enforceable until caused by malfunctions is available to a analysis, associated with a single OMB approves them. source if it can demonstrate that certain incident totals approximately totals The ICR documents prepared by the criteria and requirements are satisfied. $3,141 and is based on the time and EPA have been assigned EPA ICR The criteria ensure that the affirmative effort required of a source to review numbers 2437.01, 2438.01, 2439.01 and defense is available only where the relevant data, interview plant 2440.01. The information requirements event that causes an exceedance of the employees, and document the events are based on notification, recordkeeping emission limit meets the narrow surrounding a malfunction that has and reporting requirements in the definition of malfunction in 40 CFR 63.2 caused an exceedance of an emission NESHAP General Provisions (40 CFR (sudden, infrequent, not reasonable limit. The estimate also includes time to part 63, subpart A), which are preventable, and not caused by poor produce and retain the record and mandatory for all operators subject to maintenance and/or careless operation) reports for submission to the EPA. The national emission standards. These and where the source took necessary EPA provides this illustrative estimate recordkeeping and reporting actions to minimize emissions. In of this burden, because these costs are requirements are specifically authorized addition, the source must meet certain only incurred if there has been a by CAA section 114 (42 U.S.C. 7414). notification and reporting requirements. violation, and a source chooses to take All information submitted to the EPA For example, the source must prepare a advantage of the affirmative defense. pursuant to the recordkeeping and written root cause analysis and submit The EPA provides this illustrative reporting requirements for which a a written report to the Administrator estimate of this burden because these claim of confidentiality is made is documenting that it has met the costs are only incurred if there has been safeguarded according to Agency conditions and requirements for a violation and a source chooses to take policies set forth in 40 CFR part 2, assertion of the affirmative defense. advantage of the affirmative defense. subpart B. This final rule requires For this rule, the EPA is adding Given the variety of circumstances maintenance inspections of the control affirmative defense to the estimate of under which malfunctions could occur, devices but would not require any burden in the ICR. To provide the as well as differences among sources’ notifications or reports beyond those public with an estimate of the relative operation and maintenance practices, required by the General Provisions. The magnitude of the burden associated we cannot reliably predict the severity recordkeeping requirements require with an assertion of the affirmative and frequency of malfunction-related only the specific information needed to defense position adopted by a source, excess emissions events for a particular determine compliance. the EPA has provided administrative source. It is important to note that the

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EPA has no basis currently for C. Regulatory Flexibility Act from additional natural gas product estimating the number of malfunctions The Regulatory Flexibility Act recovered is not included, we estimate that would qualify for an affirmative generally requires an agency to prepare that 123 of the 127 small firms analyzed defense. Current historical records a regulatory flexibility analysis of any (97 percent) are likely to have impacts would be an inappropriate basis, as rule subject to notice and comment less than 1 percent in terms of the ratio source owners or operators previously rulemaking requirements under the of annualized compliance costs to operated their facilities in recognition Administrative Procedure Act or any revenues. Meanwhile, four firms (3 that they were exempt from the other statute, unless the agency certifies percent) are likely to have impacts requirement to comply with emissions that the rule will not have a significant greater than 1 percent. Three of these standards during malfunctions. Of the economic impact on a substantial four firms are likely to have impacts number of excess emissions events number of small entities (SISNOSE). greater than 3 percent. However, when reported by source operators, only a Small entities include small businesses, revenue from additional natural gas product recovery is included, we small number would be expected to small organizations, and small result from a malfunction (based on the estimate that none of the analyzed firms governmental jurisdictions. For definition above), and only a subset of will have an impact greater than 1 purposes of assessing the impact of this excess emissions caused by percent. rule on small entities, a small entity is malfunctions would result in the source For the final NESHAP amendments, defined as: (1) A small business as choosing to assert the affirmative we estimate that 11 of the 35 firms (31 defined by NAICS codes 211111, defense. Thus, we believe the number of percent) that own potentially affected 211112, 221210, 486110 and 486210; instances in which source operators facilities are small entities. The EPA whose parent company has no more might be expected to avail themselves of performed an analysis for impacts on all than 500 employees (or revenues of less the affirmative defense will be expected affected small entities by than $7 million for firms that transport extremely small. comparing compliance costs to entity For this reason, we estimate a total of natural gas via pipeline); (2) a small revenues. Among the small firms, none 39 such occurrences for all sources governmental jurisdiction that is a are likely to have impacts greater than subject to 40 CFR part 63, subpart HH, government of a city, county, town, 1 percent in terms of the ratio of a total of three such occurrences for all school district, or special district with a annualized compliance costs to sources subject to 40 CFR part 63, population of less than 50,000; and (3) revenues. subpart HHH, and a total of 6 such a small organization that is any not-for- After considering the economic occurrences for all sources subject to 40 profit enterprise which is independently impact of the combined NSPS and CFR part 60, subparts KKK and LLL owned and operated and is not NESHAP amendments on small entities, over the 3-year period covered by this dominant in its field. I certify this action will not have a ICR. We expect to gather information on For the final NSPS, the EPA significant impact on a substantial such events in the future, and will performed an analysis for impacts on a number of small entities (SISNOSE). revise this estimate as better information sample of expected affected small While both the NSPS and NESHAP becomes available. entities by comparing compliance costs amendment would individually result The annual monitoring, reporting, and to entity revenues. The baseline used in in a no SISNOSE finding, the EPA recordkeeping burden for this collection this analysis takes into account REC performed an additional analysis in (averaged over the first 3 years after the conducted pursuant to state regulations order to certify the rule in its entirety. effective date of the standards) is covering these operations and estimates This analysis compared compliance estimated to be $20.1 million. This of REC performed voluntarily. To costs to entity revenues for the total of includes 384,866 labor hours per year at account for REC performed in regulated all the entities affected by the NESHAP a total labor cost of $19.5 million per states, the EPA subsumed emissions amendments and the sample of entities year, and annualized capital costs of reductions and compliance costs in analyzed for the NSPS. When revenues $0.36 million, and annual operating and states where these completion-related from additional natural gas product maintenance costs of $0.20 million. This emissions are already controlled into sales are not included, 132 of the 136 estimate includes initial and annual the baseline. Additionally, based on small firms (97 percent) in the sample performance tests, semiannual excess public comments and reports to the are likely to have impacts of less than emission reports, developing a EPA’s Natural Gas STAR program, the 1 percent in terms of the ratio of monitoring plan, notifications and EPA recognizes that some producers annualized compliance costs to recordkeeping. All burden estimates are conduct well completions using REC revenues. Meanwhile, four firms (3 in 2008 dollars and represent the most techniques voluntarily for economic percent) are likely to have impacts cost-effective monitoring approach for and/or environmental objectives as a greater than 1 percent. Three of these affected facilities. Burden is defined at normal part of business. To account for four firms are likely to have impacts 5 CFR 1320.3(b). emissions reductions and costs arising greater than 3 percent. When revenues An agency may not conduct or from voluntary implementation of from additional natural gas product sponsor, and a person is not required to pollution controls, the EPA used sales are included, none of the 136 respond to, a collection of information information on total emission small firms (100 percent) are likely to unless it displays a currently valid OMB reductions reported to the EPA by have impacts greater than 1 percent. control number. The OMB control partners of the EPA Natural Gas STAR. Our determination is informed by the numbers for the EPA’s regulations in 40 This estimate of this voluntary REC fact that many affected firms are CFR are listed in 40 CFR part 9. When activity in the absence of regulation is expected to receive revenues from the these ICR are approved by OMB, the also included in the baseline. More additional natural gas and condensate agency will publish a technical detailed discussion on the derivation of recovery engendered by the amendment to 40 CFR part 9 in the the baseline is presented in a technical implementation of the controls Federal Register to display the OMB memorandum in the docket, as well as evaluated in this RIA. As much of the control numbers for the approved in the RIA. additional natural gas recovery is information collection requirements Based upon the analysis in the RIA, estimated to arise from completion- contained in the final rule. which is in the Docket, when revenue related activities, we expect the impact

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on well-related compliance costs to be 15, 2012 equal to those achieved by new the impacts. In response to this and significantly mitigated. This conclusion sources beginning January 1, 2015. other requests, the comment period was is enhanced because the returns to REC Thus, Executive Order 13132 does not extended. More specific comments can activities occur without a significant apply to this action. be found in the docket. time lag between implementing the F. Executive Order 13175: Consultation G. Executive Order 13045: Protection of control and obtaining the recovered and Coordination With Indian Tribal Children From Environmental Health product, unlike many control options Governments Risks and Safety Risks where the emissions reductions accumulate over long periods of time; Subject to the Executive Order 13175 This action is not subject to Executive the reduced emission completions occur (65 FR 67249, November 9, 2000) the Order 13045 (62 FR 19885, April 23, over a short span of time, during which EPA may not issue a regulation that has 1997) because the Agency does not the additional product recovery is also tribal implications, that imposes believe the environmental health risks accomplished and payments for substantial direct compliance costs, and or safety risks addressed by this action recovered products are settled. that is not required by statute, unless present a disproportionate risk to Although this final rule will not the Federal government provides the children. This action would not relax impact a substantial number of small funds necessary to pay the direct the control measures on existing entities, the EPA, nonetheless, has tried compliance costs incurred by tribal regulated sources. The EPA’s risk to reduce the impact of this rule on governments, or the EPA consults with assessments (included in the docket for small entities by setting the final tribal officials early in the process of this final rule) demonstrate that the emissions limits at the MACT floor, the developing the proposed regulation and existing regulations are associated with least stringent level allowed by law. develops a tribal summary impact an acceptable level of risk and provide statement. an ample margin of safety to protect D. Unfunded Mandates Reform Act The EPA has concluded that this public health. This final action does not contain a action will not have tribal implications federal mandate under the provisions of because it doesn’t impose a significant H. Executive Order 13211: Actions Title II of the Unfunded Mandates cost to the tribal government. However, Concerning Regulations That Reform Act of 1995 (UMRA), 2 U.S.C. there are significant tribal interests Significantly Affect Energy Supply, 1531–1538 for state, local, and tribal because of the growth of the oil and gas Distribution, or Use governments, in the aggregate, or to the production industry in Indian country. This action is not a ‘‘significant private sector. The action would not The EPA initiated a consultation energy action’’ as defined in Executive result in expenditures of $100 million or process with tribal officials early in the Order 13211 (66 FR 28355, May 22, more for state, local, and tribal process of developing this regulation to 2001), because it is not likely to have a governments, in the aggregate, or to the permit them to have meaningful and significant adverse effect on the supply, private sector in any 1 year. Thus, this timely input into its development. distribution, or use of energy. These final rule is not subject to the During the consultation process, the final rules will result in the addition of requirements of sections 202 or 205 of EPA conducted outreach and control equipment and monitoring UMRA. information meetings prior to the systems for existing and new sources This final rule is also not subject to proposal in 2010. The EPA met with the within the oil and natural gas industry. the requirements of section 203 of Inter Tribal Environmental Council, The final NESHAP amendments are UMRA because it contains no regulatory which include many of the Region VI unlikely to have a significant adverse requirements that might significantly or tribes, The Tribal leadership summit in effect on the supply, distribution, or use uniquely affect small governments Region X, and Tribal Energy Conference of energy. As such, the final NESHAP because it contains no requirements that hosted by Ft. Belknap, and the National amendments are not ‘‘significant energy apply to such governments nor does it Tribal Forum. actions’’ as defined in Executive Order impose obligations upon them. After the proposal was published, 13211, (66 FR 28355, May 22, 2001). letters were sent to all tribal leaders The final NSPS is also unlikely to have E. Executive Order 13132: Federalism offering to consult on a government-to- a significant adverse effect on the This action does not have federalism government basis on the rule. As part of supply, distribution, or use of energy. implications. It will not have substantial the consultation process and in As such, the final NSPS is not a direct effects on the states, on the response to these letters, an outreach ‘‘significant energy action’’ as defined in relationship between the national call was held on October 12, 2011. Executive Order 13211 (66 FR 28355, government and the states, or on the Tribes that participated on this call May 22, 2001). distribution of power and were: Fond du Lac Band of Lake The basis for these determinations is responsibilities among the various Superior Chippewa, Fort Belknap as follows. Emission controls for the levels of government, as specified in Indian Community, Forest County NSPS capture VOC emissions that Executive Order 13132. These final Potawatomi Community, Southern Ute otherwise would be vented to the rules primarily affect private industry, Indian Tribe, and Pueblo of Santa Clara. atmosphere. Since methane is co- and do not impose significant economic In this meeting the tribes were emitted with VOC, a large proportion of costs on state or local governments. On presented the information in the the averted methane emissions can be the contrary, we believe the proposal. The tribes asked general directed into natural gas production modification provisions discussed in clarifying questions but did not provide streams and sold. One pollution control section IX.A for well completions specific comments. Comments on the requirement of the final NSPS also conducted at gas wells constructed on proposal were received from an affiliate captures saleable condensates. The or before August 23, 2011, will reduce of the Southern Ute Indian Tribe. The revenues from additional natural gas permitting burden borne by the States. commenter expressed concern about the and condensate recovery are expected to These provisions will result in fewer impacts of the rule on natural gas and offset the costs of implementing the sources becoming affected facilities oil production operations on the final rules. under the NSPS while achieving Southern Ute Indian reservation and We use the NEMS to estimate the emission reductions beginning October requested additional time to evaluate impacts of the combined final rules on

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the United States energy system. The Additionally, the NSPS establishes reviewed it as a potential equivalent NEMS is a publically available model of several performance standards that give method. All potential standards were the United States energy economy regulated entities flexibility in reviewed to determine the practicality developed and maintained by the determining how to best comply with of the VCS for this action. This review Energy Information Administration of the regulation. In an industry that is requires significant method validation the DOE and is used to produce the geographically and economically data that meet the requirements of EPA Annual Energy Outlook, a reference heterogeneous, this flexibility is an Method 301 for accepting alternative publication that provides detailed important factor in reducing regulatory methods or scientific, engineering and forecasts of the United States energy burden. policy equivalence to procedures in the economy. For more information on the EPA reference methods. The EPA may Based on public comments and estimated energy effects, please refer to reconsider determinations of reports to EPA’s Natural Gas STAR the economic impact analysis for this impracticality when additional program, the EPA recognizes that some final rule. The analysis is available in information is available for particular producers conduct well completions the RIA, which is in the public docket. VCS. using REC techniques, which are The search identified 18 other VCS I. National Technology Transfer and required by the final NSPS for certain that were potentially applicable for Advancement Act completions of hydraulically fractured these rules in lieu of the EPA reference and refractured natural gas wells, Section 12(d) of the National methods. After reviewing the available voluntarily based upon economic and Technology Transfer and Advancement standards, the EPA determined that 18 environmental objectives. The baseline Act of 1995 (NTTAA), Public Law 104– candidate VCS (ASTM D3154–00 used for the energy system impacts 113 (15 U.S.C. 272 note) directs the EPA (2006), ASTM D3464–96 (2007), ASTM analysis takes into account REC to use voluntary consensus standards D3796–90 (2004), ISO 10780:1994, conducted pursuant to state regulations (VCS) in its regulatory activities, unless ASME B133.9–1994 (2001), ANSI/ covering these operations and estimates to do so would be inconsistent with ASME PTC 19.10–1981 Part 10, ASTM of REC performed voluntarily. To applicable law or otherwise impractical. D5835–95 (2007), ISO 10396:1993, ISO account for REC performed in regulated VCS are technical standards (e.g., 12039:2001, ASTM D6522–00 (2005), states, the EPA subsumed emissions materials specifications, test methods, CAN/CSA Z223.2–M86 (1999), CAN/ reductions and compliance costs in sampling procedures and business CSA Z223.21–M1978, ASTM D3162–94 states where these completion-related practices) that are developed or adopted (2005), ASTM D4323–84 (2009), ASTM emissions are already controlled into by VCS bodies. NTTAA directs the EPA D6060–96 (2001), ISO 14965:2000(E), the baseline. Additionally, based on to provide Congress, through OMB, EN 12619 (1999), ASTM D4855–97 public comments and reports to the explanations when the agency decides (2002)) identified for measuring EPA’s Natural Gas STAR program, the not to use available and applicable VCS. emissions of pollutants or their EPA recognizes that some producers This final rulemaking involves surrogates subject to emission standards conduct well completions using REC technical standards. Three VCS were in the rules would not be practical due techniques voluntarily for economic identified as applicable for the purpose to lack of equivalency, documentation, and/or environmental objectives as a of these rules. The VCS ASTM D6522– validation data and other important normal part of business. To account for 00 (2005), Standard Test Method for the technical and policy considerations. emissions reductions and costs arising Determination of Nitrogen Oxides, Refer to the memorandum in the docket from voluntary implementation of Carbon Monoxide, and Oxygen for further details on the EPA’s review pollution controls, the EPA used Concentrations in Emissions From of these VCS. information on total emission Natural Gas-Fired Reciprocating J. Executive Order 12898: Federal reductions reported to the EPA by Engines, Combustion Turbines, Boilers Actions to Address Environmental partners of the EPA Natural Gas STAR. and Process Heaters Using Portable Justice in Minority Populations and This estimate of this voluntary REC Analyzers, is an acceptable alternative Low-Income Populations activity in the absence of regulation is to EPA Methods 3A and 10 for also included in the baseline. More identifying nitrogen oxides, carbon Executive Order 12898 (59 FR 7629, detailed discussion on the derivation of monoxide, and oxygen concentrations February 16, 1994) establishes Federal the baseline is presented in a technical when the fuel is natural gas. The VCS executive policy on environmental memorandum in the docket, as well as ASTM D6420–99 (2004), Test Method justice. Its main provision directs in the RIA. for Determination of Gaseous Organic Federal agencies, to the greatest extent The analysis of energy system impacts Compounds by Direct Interface Gas practicable and permitted by law, to for the final NSPS under the primary Chromatography/Mass Spectrometry, is make environmental justice part of their baseline shows that domestic natural an acceptable alternative to EPA Method mission by identifying and addressing, gas production is not likely to change in 18. The VCS ANSI/ASME PTC 19.10– as appropriate, disproportionately high 2015, the year used in the RIA to 1981 (Part 10, Instruments and and adverse human health or analyze impacts. Average natural gas Apparatus), Flue and Exhaust Gas environmental effects of their programs, prices are also not estimated to change Analyses is an acceptable alternative to policies and activities on minority in response to the final rules. Domestic EPA Methods 3B and 16A manual populations and low income crude oil production is not expected to portion only, not the instrumental populations in the United States. change, while average crude oil prices portion. The EPA has determined that this are estimated to decrease slightly (about No potential VCS were identified for final rule will not have $0.01/barrel or about 0.01 percent at the EPA Methods 1A, 2A, 2D, 21, and 22. disproportionately high and adverse wellhead for onshore production in the During the search, if the title or human health or environmental effects lower 48 states). All prices are in 2008 abstract (if provided) of the VCS on minority or low-income populations dollars. The NEMS-based analysis described technical sampling and because it increases the level of estimates in the year of analysis, 2015, analytical procedures that were similar environmental protection for all affected that net imports of natural gas and crude to the EPA’s reference method, the EPA populations without having any oil will not change. ordered a copy of the standard and disproportionately high and adverse

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human health or environmental effects K. Congressional Review Act Society for Testing and Materials on any population, including any The Congressional Review Act, 5 (ASTM), 100 Barr Harbor Drive, Post minority, low-income, or indigenous U.S.C. 801, et seq., as added by the Office Box C700, West Conshohocken, populations. Small Business Regulatory Enforcement PA 19428–2959, Telephone (610) 832– To examine the potential for any Fairness Act of 1996, generally provides 9585, and are also available at the environmental justice issues that might that before a rule may take effect, the following Web site: http:// be associated with each source category, agency promulgating the rule must www.astm.org; or ProQuest, 789 East we evaluated the percentages of various submit a rule report, which includes a Eisenhower Parkway, Ann Arbor, MI social, demographic, and economic copy of the rule, to each House of the 48106–1346, Telephone (734) 761–4700, groups within the at-risk population Congress and to the Comptroller General and are also available at the following living near the facilities where these of the United States. The EPA will Web site: http://www.proquest.com. source categories are located and submit a report containing this final rule * * * * * compared them to national averages. and other required information to the (7) ASTM D86–96, Standard Test The development of demographic Method for Distillation of Petroleum analyses to inform the consideration of United States Senate, the United States House of Representatives, and the Products (Approved April 10, 1996), environmental justice issues in the EPA IBR approved for §§ 60.562–2(d), rulemakings is an evolving science. Comptroller General of the United States prior to publication of the final 60.593(d), 60.593a(d), 60.633(h) and The EPA conducted a demographic 60.5401(f). analysis, focusing on populations rule in the Federal Register. A major * * * * * within 50 km of any facility in each of rule cannot take effect until 60 days (86) ASTM D6522–00 (Reapproved the source categories that are estimated after it is published in the Federal 2005), Standard Test Method for to have HAP exposures which result in Register. This action is a ‘‘major rule’’ Determination of Nitrogen Oxides, cancer risks of 1-in-1 million or greater as defined by 5 U.S.C. 804(2). The final Carbon Monoxide, and Oxygen or non-cancer hazard indices of 1 or rules will be effective on October 15, Concentrations in Emissions from greater based on estimates of current 2012. Natural Gas-Fired Reciprocating HAP emissions. The results of this List of Subjects Engines, Combustion Turbines, Boilers, analysis are documented in the and Process Heaters Using Portable technical report: Risk and Technology 40 CFR Part 60 Analyzers (Approved October 1, 2005), Review—Analysis of Socio-Economic Environmental protection, Air Factors for Populations Living Near Oil IBR approved for table 2 of subpart JJJJ pollution control, Incorporation by of this part, and §§ 60.5413(b) and (d). & Natural Gas Production Facilities, reference, Reporting and recordkeeping located in the docket for this requirements, Volatile organic * * * * * (91) ASTM E169–93, Standard rulemaking. compounds. As described in the preamble, our risk Practices for General Techniques of assessments demonstrate that the 40 CFR Part 63 Ultraviolet-Visible Quantitative regulations for the oil and natural gas Environmental protection, Analysis (Approved May 15, 1993), IBR production and natural gas transmission Administrative practice and procedures, approved for §§ 60.485a(d), 60.593(b), and storage source categories, are Air pollution control, Hazardous 60.593a(b), 60.632(f) and 60.5400(f). associated with an acceptable level of substances, Incorporation by reference, (92) ASTM E260–96, Standard risk and that the proposed additional Reporting and recordkeeping Practice for Packed Column Gas requirements will provide an ample requirements, Volatile organic Chromatography (Approved April 10, margin of safety to protect public health. compounds. 1996), IBR approved for §§ 60.485a(d), Our analyses also show that, for these 60.593(b), 60.593a(b), 60.632(f), Dated: April 17, 2012. source categories, there is no potential 60.5400(f) and 60.5406(b). for an adverse environmental effect or Lisa P. Jackson, * * * * * human health multi-pathway effects, Administrator. (95) ASTM D3588–98 (Reapproved and that acute and chronic non-cancer For the reasons set out in the 2003) Standard Practice for Calculating health impacts are unlikely. The EPA preamble, title 40, chapter I of the Code Heat Value, Compressibility Factor, and has determined that, although there may of Federal Regulations is amended as Relative Density of Gaseous Fuels be an existing disparity in HAP risks follows: (Approved May 10, 2003), IBR approved from these sources between some for § 60.5413(d). demographic groups, no demographic PART 60—[AMENDED] (96) ASTM D4891–89 (Reapproved group is exposed to an unacceptable 2006) Standard Test Method for Heating ■ level of risk. 1. The authority citation for part 60 Value of Gases in Natural Gas Range by To promote meaningful involvement, continues to read as follows: Stoichiometric Combustion (Approved the EPA conducted three public Authority: 42 U.S.C. 7401, et seq. June 1, 2006), IBR approved for hearings on the proposal. The hearings ■ 2. Section 60.17 is amended by: § 60.5413(d). were held in Pittsburgh, Pennsylvania, ■ a. Revising paragraph (a) introductory (97) ASTM D1945–03 (Reapproved on September 27, 2011, Denver, text, (a)(7), (a)(86), (a)(91), and (a)(92); 2010), Standard Test Method for Colorado, on September 28, 2011, and ■ b. Adding paragraphs (a)(95), (a)(96), Analysis of Natural Gas by Gas Arlington, Texas, on September 29, (a)(97), and (a)(98); and Chromatography (Approved January 1, 2011. A total of 261 people spoke at the ■ c. Revising paragraph (h) introductory 2010), IBR approved for § 60.5413(d). three hearings and 735 people attended text and (h)(4) to read as follows: (98) ASTM D5504–08, Standard Test the hearings. The attendees at the Method for Determination of Sulfur hearings included private citizens, § 60.17 Incorporations by reference. Compounds in Natural Gas and Gaseous community-based and environmental * * * * * Fuels by Gas Chromatography and organizations, industry representatives, (a) The following materials are Chemiluminescence (Approved June 15, associations representing industry and available for purchase from at least one 2008), IBR approved for § 60.5413(d). local and state government officials. of the following addresses: American * * * * *

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(h) The following material is available (d) The provisions of this subpart with control devices used to comply for purchase from the American Society apply to each affected facility identified with the emission standards for my of Mechanical Engineers (ASME), Three in paragraph (a) of this section which storage vessel or centrifugal compressor Park Avenue, New York, NY 10016– commences construction or affected facility? 5990, Telephone (800) 843–2763, and modification after January 20, 1984, and 60.5413 What are the performance testing procedures for control devices used to are also available at the following Web on or before August 23, 2011. demonstrate compliance at my storage site: http://www.asme.org. * * * * * vessel or centrifugal compressor affected * * * * * ■ 7. Add subpart OOOO, consisting of facility? (4) ANSI/ASME PTC 19.10–1981, 60.5360 through 60.5430, to part 60 to 60.5415 How do I demonstrate continuous Flue and Exhaust Gas Analyses [Part 10, read as follows: compliance with the standards for my Instruments and Apparatus] (Issued gas well affected facility, my centrifugal Subpart OOOO—Standards of Performance compressor affected facility, my August 31, 1981), IBR approved for for Crude Oil and Natural Gas Production, §§ 60.56c(b), 60.63(f), 60.106(e), stationary reciprocating compressor Transmission and Distribution affected facility, my pneumatic 60.104a(d), (h), (i) and (j), 60.105a(d), (f) Sec. controller affected facility, my storage and (g), 60.106a(a), 60.107a(a), (c) and 60.5360 What is the purpose of this vessel affected facility, and my affected (d), tables 1 and 3 of subpart EEEE, subpart? facilities at onshore natural gas tables 2 and 4 of subpart FFFF, table 2 60.5365 Am I subject to this subpart? processing plants? of subpart JJJJ, §§ 60.4415(a), 60.2145(s) 60.5370 When must I comply with this 60.5416 What are the initial and continuous and (t), 60.2710(s), (t) and (w), subpart? cover and closed vent system inspection 60.2730(q), 60.4900(b) and 60.5220(b), 60.5375 What standards apply to gas well and monitoring requirements for my tables 1 and 2 to subpart LLLL, tables 2 affected facilities? storage vessel or centrifugal compressor 60.5380 What standards apply to affected facility? and 3 to subpart MMMM, §§ 60.5406(c) centrifugal compressor affected and 60.5413(b). 60.5417 What are the continuous control facilities? device monitoring requirements for my * * * * * 60.5385 What standards apply to storage vessel or centrifugal compressor reciprocating compressor affected affected facility? Subpart KKK—Standards of facilities? 60.5420 What are my notification, 60.5390 What standards apply to pneumatic Performance for Equipment Leaks of reporting, and recordkeeping controller affected facilities? VOC From Onshore Natural Gas requirements? 60.5395 What standards apply to storage Processing Plants for Which 60.5421 What are my additional Construction, Reconstruction, or vessel affected facilities? 60.5400 What equipment leak standards recordkeeping requirements for my Modification Commenced After apply to affected facilities at an onshore affected facility subject to VOC January 20, 1984, and on or Before natural gas processing plant? requirements for onshore natural gas August 23, 2011 60.5401 What are the exceptions to the processing plants? equipment leak standards for affected 60.5422 What are my additional reporting ■ 3. The heading for Subpart KKK is facilities at onshore natural gas requirements for my affected facility revised to read as set forth above. processing plants? subject to VOC requirements for onshore 60.5402 What are the alternative emission natural gas processing plants? ■ 4. Section 60.630 is amended by limitations for equipment leaks from 60.5423 What additional recordkeeping and revising paragraph (b) to read as follows: onshore natural gas processing plants? reporting requirements apply to my 60.5405 What standards apply to sweetening unit affected facilities at § 60.630 Applicability and designation of sweetening units at onshore natural gas onshore natural gas processing plants? affected facility. processing plants? 60.5425 What parts of the General * * * * * 60.5406 What test methods and procedures Provisions apply to me? (b) Any affected facility under must I use for my sweetening units 60.5430 What definitions apply to this paragraph (a) of this section that affected facilities at onshore natural gas subpart? commences construction, processing plants? Table 1 to Subpart OOOO of Part 60— 60.5407 What are the requirements for Required Minimum Initial SO2 Emission reconstruction, or modification after monitoring of emissions and operations January 20, 1984, and on or before Reduction Efficiency (Zi) from my sweetening unit affected Table 2 to Subpart OOOO of Part 60— August 23, 2011, is subject to the facilities at onshore natural gas Required Minimum SO Emission requirements of this subpart. 2 processing plants? Reduction Efficiency (Zc) * * * * * 60.5408 What is an optional procedure for Table 3 to Subpart OOOO of Part 60— measuring hydrogen sulfide in acid gas— Applicability of General Provisions to Subpart LLL—Standards of Tutwiler Procedure? Subpart OOOO 60.5410 How do I demonstrate initial Performance for SO2 Emissions From Onshore Natural Gas Processing for compliance with the standards for my Subpart OOOO—Standards of gas well affected facility, my centrifugal Performance for Crude Oil and Natural Which Construction, Reconstruction, compressor affected facility, my or Modification Commenced After reciprocating compressor affected Gas Production, Transmission and January 20, 1984, and on or Before facility, my pneumatic controller Distribution August 23, 2011 affected facility, my storage vessel § 60.5360 What is the purpose of this affected facility, and my equipment leaks subpart? ■ 5. The heading for Subpart LLL is and sweetening unit affected facilities at revised to read as set forth above. onshore natural gas processing plants? This subpart establishes emission 60.5411 What additional requirements must ■ 6. Section 60.640 is amended by standards and compliance schedules for I meet to determine initial compliance the control of volatile organic revising paragraph (d) to read as for my closed vent systems routing follows: emissions from storage vessels or compounds (VOC) and sulfur dioxide centrifugal compressor wet seal fluid (SO2) emissions from affected facilities § 60.640 Applicability and designation of degassing systems? that commence construction, affected facilities. 60.5412 What additional requirements must modification or reconstruction after * * * * * I meet for determining initial compliance August 23, 2011.

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§ 60.5365 Am I subject to this subpart? by itself be considered a modification (3) Refracturing of a gas well facility You are subject to the applicable under this subpart. does not affect the modification status of provisions of this subpart if you are the (2) Equipment associated with a other equipment, process units, storage owner or operator of one or more of the compressor station, dehydration unit, vessels, compressors, or pneumatic onshore affected facilities listed in sweetening unit, underground storage controllers located at the well site. paragraphs (a) through (g) of this section vessel, field gas gathering system, or (4) Sources initially constructed after for which you commence construction, liquefied natural gas unit is covered by August 23, 2011, are considered affected modification or reconstruction after §§ 60.5400, 60.5401, 60.5402, 60.5421, sources regardless of this provision. August 23, 2011. and 60.5422 of this subpart if it is (a) Each gas well affected facility, located at an onshore natural gas § 60.5370 When must I comply with this subpart? which is a single natural gas well. processing plant. Equipment not located (b) Each centrifugal compressor at the onshore natural gas processing (a) You must be in compliance with affected facility, which is a single plant site is exempt from the provisions the standards of this subpart no later centrifugal compressor using wet seals of §§ 60.5400, 60.5401, 60.5402, than October 15, 2012 or upon startup, that is located between the wellhead 60.5421, and 60.5422 of this subpart. whichever is later. and the point of custody transfer to the (3) The equipment within a process (b) The provisions for exemption from natural gas transmission and storage unit of an affected facility located at compliance during periods of startup, segment. A centrifugal compressor onshore natural gas processing plants shutdown and malfunctions provided located at a well site, or an adjacent well and described in paragraph (f) of this for in 40 CFR 60.8(c) do not apply to site and servicing more than one well section are exempt from this subpart if this subpart. site, is not an affected facility under this they are subject to and controlled (c) You are exempt from the subpart. according to subparts VVa, GGG or obligation to obtain a permit under 40 (c) Each reciprocating compressor GGGa of this part. CFR part 70 or 40 CFR part 71, provided affected facility, which is a single (g) Sweetening units located at you are not otherwise required by law reciprocating compressor located onshore natural gas processing plants to obtain a permit under 40 CFR 70.3(a) between the wellhead and the point of that process natural gas produced from or 40 CFR 71.3(a). Notwithstanding the custody transfer to the natural gas either onshore or offshore wells. previous sentence, you must continue to transmission and storage segment. A (1) Each sweetening unit that comply with the provisions of this reciprocating compressor located at a processes natural gas is an affected subpart. well site, or an adjacent well site and facility; and (2) Each sweetening unit that § 60.5375 What standards apply to gas servicing more than one well site, is not well affected facilities? an affected facility under this subpart. processes natural gas followed by a (d)(1) For the oil production segment sulfur recovery unit is an affected If you are the owner or operator of a (between the wellhead and the point of facility. gas well affected facility, you must custody transfer to an oil pipeline), each (3) Facilities that have a design comply with paragraphs (a) through (f) pneumatic controller affected facility, capacity less than 2 long tons per day of this section. (a) Except as provided in paragraph (f) which is a single continuous bleed (LT/D) of hydrogen sulfide (H2S) in the natural gas-driven pneumatic controller acid gas (expressed as sulfur) are of this section, for each well completion operating at a natural gas bleed rate required to comply with recordkeeping operation with hydraulic fracturing greater than 6 scfh. and reporting requirements specified in begun prior to January 1, 2015, you (2) For the natural gas production § 60.5423(c) but are not required to must comply with the requirements of segment (between the wellhead and the comply with §§ 60.5405 through paragraphs (a)(3) and (4) of this section point of custody transfer to the natural 60.5407 and §§ 60.5410(g) and unless a more stringent state or local gas transmission and storage segment 60.5415(g) of this subpart. emission control requirement is and not including natural gas processing (4) Sweetening facilities producing applicable; optionally, you may comply plants), each pneumatic controller acid gas that is completely reinjected with the requirements of paragraphs affected facility, which is a single into oil-or-gas-bearing geologic strata or (a)(1) through (4) of this section. For continuous bleed natural gas-driven that is otherwise not released to the each new well completion operation pneumatic controller operating at a atmosphere are not subject to §§ 60.5405 with hydraulic fracturing begun on or natural gas bleed rate greater than 6 through 60.5407, 60.5410(g), 60.5415(g), after January 1, 2015, you must comply scfh. and 60.5423 of this subpart. with the requirements in paragraphs (3) For natural gas processing plants, (h) The following provisions apply to (a)(1) through (4) of this section. each pneumatic controller affected gas well facilities that are hydraulically (1) For the duration of flowback, route facility, which is a single continuous refractured. the recovered liquids into one or more bleed natural gas-driven pneumatic (1) A gas well facility that conducts a storage vessels or re-inject the recovered controller. well completion operation following liquids into the well or another well, (e) Each storage vessel affected hydraulic refracturing is not an affected and route the recovered gas into a gas facility, which is a single storage vessel, facility, provided that the requirements flow line or collection system, re-inject located in the oil and natural gas of § 60.5375 are met. For purposes of the recovered gas into the well or production segment, natural gas this provision, the dates specified in another well, use the recovered gas as processing segment or natural gas § 60.5375(a) do not apply, and such an on-site fuel source, or use the transmission and storage segment. facilities, as of October 15, 2012, must recovered gas for another useful purpose (f) The group of all equipment, except meet the requirements of § 60.5375(a)(1) that a purchased fuel or raw material compressors, within a process unit is an through (4). would serve, with no direct release to affected facility. (2) A well completion operation the atmosphere. If this is infeasible, (1) Addition or replacement of following hydraulic refracturing at a gas follow the requirements in paragraph equipment for the purpose of process well facility not conducted pursuant to (a)(3) of this section. improvement that is accomplished § 60.5375 is a modification to the gas (2) All salable quality gas must be without a capital expenditure shall not well affected facility. routed to the gas flow line as soon as

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practicable. In cases where flowback § 60.5380 What standards apply to § 60.5390 What standards apply to emissions cannot be directed to the flow centrifugal compressor affected facilities? pneumatic controller affected facilities? line, you must follow the requirements You must comply with the standards For each pneumatic controller in paragraph (a)(3) of this section. in paragraphs (a) through (d) of this affected facility you must comply with (3) You must capture and direct section for each centrifugal compressor the VOC standards, based on natural gas flowback emissions to a completion affected facility. as a surrogate for VOC, in either combustion device, except in conditions (a)(1) You must reduce VOC paragraph (b) or (c) of this section, as that may result in a fire hazard or emissions from each centrifugal applicable. Pneumatic controllers explosion, or where high heat emissions compressor wet seal fluid degassing meeting the conditions in paragraph (a) from a completion combustion device system by 95.0 percent or greater. of this section are exempt from this may negatively impact tundra, (2) If you use a control device to requirement. permafrost or waterways. Completion reduce emissions, you must equip the (a) The requirements of paragraph (b) combustion devices must be equipped wet seal fluid degassing system with a or (c) of this section are not required if with a reliable continuous ignition cover that meets the requirements of you determine that the use of a source over the duration of flowback. § 60.5411(b) and is connected through a pneumatic controller affected facility (4) You have a general duty to safely closed vent system that meets the with a bleed rate greater than 6 standard maximize resource recovery and requirements of § 60.5411(a) to a control cubic feet per hour is required based on minimize releases to the atmosphere device that meets the conditions functional needs, including but not during flowback and subsequent specified in § 60.5412. limited to response time, safety and recovery. (b) You must demonstrate initial positive actuation. (b) You must maintain a log for each compliance with the standards that (b)(1) Each pneumatic controller well completion operation at each gas apply to centrifugal compressor affected affected facility at a natural gas well affected facility. The log must be facilities as required by § 60.5410. processing plant must have a bleed rate completed on a daily basis for the (c) You must demonstrate continuous of zero. duration of the well completion (2) Each pneumatic controller affected compliance with the standards that operation and must contain the records facility at a natural gas processing plant apply to centrifugal compressor affected specified in § 60.5420(c)(1)(iii). must be tagged with the month and year facilities as required by § 60.5415. (c) You must demonstrate initial of installation, reconstruction or (d) You must perform the required compliance with the standards that modification, and identification notification, recordkeeping, and apply to gas well affected facilities as information that allows traceability to reporting as required by § 60.5420. required by § 60.5410. the records for that pneumatic controller (d) You must demonstrate continuous § 60.5385 What standards apply to as required in § 60.5420(c)(4)(iv). compliance with the standards that reciprocating compressor affected (c)(1) Each pneumatic controller apply to gas well affected facilities as facilities? affected facility constructed, modified required by § 60.5415. You must comply with the standards or reconstructed on or after October 15, (e) You must perform the required in paragraphs (a) through (d) of this 2013 at a location between the wellhead notification, recordkeeping and section for each reciprocating and a natural gas processing plant must reporting as required by § 60.5420. compressor affected facility. have a bleed rate less than or equal to (f)(1) For each gas well affected (a) You must replace the reciprocating 6 standard cubic feet per hour. facility specified in paragraphs (f)(1)(i) compressor rod packing according to (2) Each pneumatic controller affected and (ii) of this section, you must comply either paragraph (a)(1) or (2) of this facility at a location between the with the requirements of paragraphs section. wellhead and a natural gas processing (f)(2) and (3) of this section. plant must be tagged with the month (i) Each well completion operation (1) Before the compressor has operated for 26,000 hours. The number and year of installation, reconstruction with hydraulic fracturing at a gas well or modification, and identification affected facility meeting the criteria for of hours of operation must be continuously monitored beginning upon information that allows traceability to a wildcat or delineation well. the records for that controller as (ii) Each well completion operation initial startup of your reciprocating compressor affected facility, or October required in § 60.5420(c)(4)(iii). with hydraulic fracturing at a gas well (d) You must demonstrate initial affected facility meeting the criteria for 15, 2012, or the date of the most recent reciprocating compressor rod packing compliance with standards that apply to a non-wildcat low pressure gas well or pneumatic controller affected facilities non-delineation low pressure gas well. replacement, whichever is later. (2) Prior to 36 months from the date as required by § 60.5410. (2) You must capture and direct (e) You must demonstrate continuous of the most recent rod packing flowback emissions to a completion compliance with standards that apply to replacement, or 36 months from the date combustion device, except in conditions pneumatic controller affected facilities of startup for a new reciprocating that may result in a fire hazard or as required by § 60.5415. compressor for which the rod packing explosion, or where high heat emissions (f) You must perform the required has not yet been replaced. from a completion combustion device notification, recordkeeping, and may negatively impact tundra, (b) You must demonstrate initial reporting as required by § 60.5420, permafrost or waterways. Completion compliance with standards that apply to except that you are not required to combustion devices must be equipped reciprocating compressor affected submit the notifications specified in with a reliable continuous ignition facilities as required by § 60.5410. § 60.5420(a). source over the duration of flowback. (c) You must demonstrate continuous You must also comply with paragraphs compliance with standards that apply to § 60.5395 What standards apply to storage (a)(4) and (b) through (e) of this section. reciprocating compressor affected vessel affected facilities? (3) You must maintain records facilities as required by § 60.5415. Except as provided in paragraph (d) of specified in § 60.5420(c)(1)(iii) for (d) You must perform the required this section, you must comply with the wildcat, delineation and low pressure notification, recordkeeping, and standards in this section no later than gas wells. reporting as required by § 60.5420. October 15, 2013 for each storage vessel

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affected facility constructed, modified CFR part 60, subpart Kb, or 40 CFR part pressure release to detect leaks by the or reconstructed after August 23, 2011, 63, subparts G, CC, HH, WW, or HHH. methods specified in § 60.485a(b) except with VOC emissions equal to or greater as provided in § 60.5400(c) and in than 6 tpy, as determined in paragraph § 60.5400 What equipment leak standards apply to affected facilities at an onshore paragraph (b)(4) of this section, and (a) of this section. natural gas processing plant? § 60.482–4a(a) through (c) of subpart (a) Emissions determination—(1) Well VVa. sites with no other wells in production. This section applies to the group of all (2) If an instrument reading of 500 equipment, except compressors, within For each storage vessel constructed, ppm or greater is measured, a leak is a process unit. modified or reconstructed at a well site detected. (a) You must comply with the with no other wells in production, you (3)(i) When a leak is detected, it must requirements of §§ 60.482–1a(a), (b), and must determine the VOC emission rate be repaired as soon as practicable, but (d), 60.482–2a, and 60.482–4a through for each storage vessel affected facility no later than 15 calendar days after it is 60.482–11a, except as provided in using any generally accepted model or detected, except as provided in § 60.5401. calculation methodology within 30 days (b) You may elect to comply with the § 60.482–9a. (ii) A first attempt at repair must be after startup, and minimize emissions to requirements of §§ 60.483–1a and made no later than 5 calendar days after the extent practicable during the 30-day 60.483–2a, as an alternative. period using good engineering practices. (c) You may apply to the each leak is detected. (4)(i) Any pressure relief device that For each storage vessel affected facility Administrator for permission to use an emitting more than 6 tpy VOC, you must alternative means of emission limitation is located in a nonfractionating plant reduce VOC emissions by 95.0 percent that achieves a reduction in emissions that is monitored only by non-plant or greater within 60 days after startup. of VOC at least equivalent to that personnel may be monitored after a (2) Well sites with one or more wells achieved by the controls required in this pressure release the next time the already in production. For each storage subpart according to the requirements of monitoring personnel are on-site, vessel constructed, modified or § 60.5402 of this subpart. instead of within 5 days as specified in reconstructed at a well site with one or (d) You must comply with the paragraph (b)(1) of this section and more wells already in production, you provisions of § 60.485a of this part § 60.482–4a(b)(1) of subpart VVa. must determine the VOC emission rate except as provided in paragraph (f) of (ii) No pressure relief device for each storage vessel affected facility this section. described in paragraph (b)(4)(i) of this using any generally accepted model or (e) You must comply with the section must be allowed to operate for calculation methodology upon startup. provisions of §§ 60.486a and 60.487a of more than 30 days after a pressure For each storage vessel affected facility this part except as provided in release without monitoring. emitting more than 6 tpy VOC, you must §§ 60.5401, 60.5421, and 60.5422 of this (c) Sampling connection systems are reduce VOC emissions by 95.0 percent part. exempt from the requirements of or greater upon startup. (f) You must use the following § 60.482–5a. (b) Control requirements. (1) If you provision instead of § 60.485a(d)(1): (d) Pumps in light liquid service, use a control device (such as an Each piece of equipment is presumed to valves in gas/vapor and light liquid enclosed combustion device or vapor be in VOC service or in wet gas service service, and pressure relief devices in recovery device) to reduce emissions, unless an owner or operator gas/vapor service that are located at a you must equip the storage vessel with demonstrates that the piece of nonfractionating plant that does not a cover that meets the requirements of equipment is not in VOC service or in have the design capacity to process § 60.5411(b) and is connected through a wet gas service. For a piece of 283,200 standard cubic meters per day closed vent system that meets the equipment to be considered not in VOC (scmd) (10 million standard cubic feet requirements of § 60.5411(a) to a control service, it must be determined that the per day) or more of field gas are exempt device that meets the conditions VOC content can be reasonably from the routine monitoring specified in § 60.5412. expected never to exceed 10.0 percent requirements of §§ 60.482–2a(a)(1) and (2) If you use a floating roof to reduce by weight. For a piece of equipment to 60.482–7a(a), and paragraph (b)(1) of emissions, you must meet the be considered in wet gas service, it must this section. (e) Pumps in light liquid service, requirements of § 60.112b(a)(1) or (2) be determined that it contains or valves in gas/vapor and light liquid and the relevant monitoring, inspection, contacts the field gas before the service, and pressure relief devices in recordkeeping, and reporting extraction step in the process. For gas/vapor service within a process unit requirements in 40 CFR part 60, subpart purposes of determining the percent that is located in the Alaskan North Kb. VOC content of the process fluid that is Slope are exempt from the routine (c) Compliance, notification, contained in or contacts a piece of monitoring requirements of §§ 60.482– recordkeeping, and reporting. (1) You equipment, procedures that conform to 2a(a)(1), 60.482–7a(a), and paragraph must demonstrate initial compliance the methods described in ASTM E169– (b)(1) of this section. with standards that apply to storage 93, E168–92, or E260–96 (incorporated (f) An owner or operator may use the vessel affected facilities as required by by reference as specified in § 60.17) following provisions instead of § 60.5410. must be used. (2) You must demonstrate continuous § 60.485a(e): compliance with standards that apply to § 60.5401 What are the exceptions to the (1) Equipment is in heavy liquid storage vessel affected facilities as equipment leak standards for affected service if the weight percent evaporated required by § 60.5415. facilities at onshore natural gas processing is 10 percent or less at 150 °C (302 °F) (3) You must perform the required plants? as determined by ASTM Method D86– notification, recordkeeping, and (a) You may comply with the 96 (incorporated by reference as reporting as required by § 60.5420. following exceptions to the provisions specified in § 60.17). (d) Exemptions. This section does not of § 60.5400(a) and (b). (2) Equipment is in light liquid apply to storage vessels subject to and (b)(1) Each pressure relief device in service if the weight percent evaporated controlled in accordance with the gas/vapor service may be monitored is greater than 10 percent at 150 °C (302 requirements for storage vessels in 40 quarterly and within 5 days after each °F) as determined by ASTM Method

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D86–96 (incorporated by reference as facilities, or manufacturers of control Y = average H2S concentration in acid gas specified in § 60.17). equipment. feed from sweetening unit, percent by (d) The Administrator will treat volume, expressed as a decimal. (g) An owner or operator may use the K = (32 kg S/kg-mole)/((24.04 dscm/kg- following provisions instead of applications under this section mole)(1000 kg S/Mg)). § 60.485a(b)(2): A calibration drift according to the following criteria, = 1.331 × 10¥3Mg/dscm, for metric units. assessment shall be performed, at a except in cases where the Administrator = (32 lb S/lb-mole)/((385.36 dscf/lb- minimum, at the end of each monitoring concludes that other criteria are mole)(2240 lb S/long ton)). day. Check the instrument using the appropriate: = 3.707 × 10¥5 long ton/dscf, for English same calibration gas(es) that were used (1) The applicant must collect, verify units. to calibrate the instrument before use. and submit test data, covering a period (2) You must use the continuous Follow the procedures specified in of at least 12 months, necessary to readings from the process flowmeter to Method 21 of appendix A–7 of this part, support the finding in paragraph (a) of determine the average volumetric flow Section 10.1, except do not adjust the this section. rate (Qa) in dscm/day (dscf/day) of the meter readout to correspond to the (2) If the applicant is an owner or acid gas from the sweetening unit for calibration gas value. Record the operator of an affected facility, the each run. instrument reading for each scale used applicant must commit in writing to (3) You must use the Tutwiler as specified in § 60.486a(e)(8). Divide operate and maintain the alternative procedure in § 60.5408 or a these readings by the initial calibration means so as to achieve a reduction in chromatographic procedure following values for each scale and multiply by VOC emissions at least equivalent to the ASTM E260–96 (incorporated by 100 to express the calibration drift as a reduction in VOC emissions achieved reference as specified in § 60.17) to percentage. If any calibration drift under the design, equipment, work determine the H2S concentration in the assessment shows a negative drift of practice or operational standard. acid gas feed from the sweetening unit more than 10 percent from the initial (Y). At least one sample per hour (at calibration value, then all equipment § 60.5405 What standards apply to equally spaced intervals) must be taken monitored since the last calibration with sweetening units at onshore natural gas during each 4-hour run. The arithmetic processing plants? instrument readings below the mean of all samples must be the average appropriate leak definition and above (a) During the initial performance test H2S concentration (Y) on a dry basis for the leak definition multiplied by (100 required by § 60.8(b), you must achieve the run. By multiplying the result from minus the percent of negative drift/ at a minimum, an SO2 emission the Tutwiler procedure by 1.62 × 10¥3, divided by 100) must be re-monitored. reduction efficiency (Zi) to be the units gr/100 scf are converted to If any calibration drift assessment shows determined from Table 1 of this subpart volume percent. a positive drift of more than 10 percent based on the sulfur feed rate (X) and the (4) Using the information from from the initial calibration value, then, sulfur content of the acid gas (Y) of the paragraphs (b)(1) and (b)(3) of this at the owner/operator’s discretion, all affected facility. section, Tables 1 and 2 of this subpart equipment since the last calibration (b) After demonstrating compliance must be used to determine the required with instrument readings above the with the provisions of paragraph (a) of initial (Zi) and continuous (Zc) appropriate leak definition and below this section, you must achieve at a reduction efficiencies of SO2 emissions. the leak definition multiplied by (100 minimum, an SO2 emission reduction (c) You must determine compliance plus the percent of positive drift/ efficiency (Zc) to be determined from with the SO2 standards in § 60.5405(a) divided by 100) may be re-monitored. Table 2 of this subpart based on the or (b) as follows: sulfur feed rate (X) and the sulfur (1) You must compute the emission § 60.5402 What are the alternative content of the acid gas (Y) of the reduction efficiency (R) achieved by the emission limitations for equipment leaks affected facility. sulfur recovery technology for each run from onshore natural gas processing using the following equation: plants? 60.5406 What test methods and (a) If, in the Administrator’s procedures must I use for my sweetening units affected facilities at onshore natural judgment, an alternative means of gas processing plants? emission limitation will achieve a (2) You must use the level indicators reduction in VOC emissions at least (a) In conducting the performance tests required in § 60.8, you must use or manual soundings to measure the equivalent to the reduction in VOC liquid sulfur accumulation rate in the emissions achieved under any design, the test methods in appendix A of this part or other methods and procedures as product storage vessels. You must use equipment, work practice or operational readings taken at the beginning and end standard, the Administrator will specified in this section, except as provided in paragraph § 60.8(b). of each run, the tank geometry, sulfur publish, in the Federal Register, a density at the storage temperature, and notice permitting the use of that (b) During a performance test required by § 60.8, you must determine the sample duration to determine the sulfur alternative means for the purpose of production rate (S) in kg/hr (lb/hr) for compliance with that standard. The minimum required reduction efficiencies (Z) of SO emissions as each run. notice may condition permission on 2 (3) You must compute the emission required in § 60.5405(a) and (b) as requirements related to the operation rate of sulfur for each run as follows: and maintenance of the alternative follows: means. (1) The average sulfur feed rate (X) (b) Any notice under paragraph (a) of must be computed as follows: this section must be published only after notice and an opportunity for a Where: Where: E = emission rate of sulfur per run, kg/hr. public hearing. 2+ X = average sulfur feed rate, Mg/D (LT/D). Ce = concentration of sulfur equivalent (SO (c) The Administrator will consider Qa = average volumetric flow rate of acid gas reduced sulfur), g/dscm (lb/dscf). applications under this section from from sweetening unit, dscm/day (dscf/ Qsd = volumetric flow rate of effluent gas, either owners or operators of affected day). dscm/hr (dscf/hr).

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K1 = conversion factor, 1000 g/kg (7000 gr/ of the two measurements must be used during each 24-hour period. The average lb). to calculate the volumetric flow rate acid gas flow rate must be computed

(4) The concentration (Ce) of sulfur (Qsd) for the run. For the determination from the individual readings. (4) The sulfur feed rate (X). For each equivalent must be the sum of the SO2 of the effluent gas molecular weight, a and TRS concentrations, after being single integrated sample over the 4-hour 24-hour period, you must compute X converted to sulfur equivalents. For period may be taken and analyzed or using the equation specified in each run and each of the test methods grab samples at 1-hour intervals may be § 60.5406(b)(1). specified in this paragraph (c) of this taken, analyzed, and averaged. For the (5) The required sulfur dioxide section, you must use a sampling time moisture content, you must take two emission reduction efficiency for the 24- of at least 4 hours. You must use samples of at least 0.10 dscm (3.5 dscf) hour period. You must use the sulfur Method 1 of appendix A to part 60 of and 10 minutes at the beginning of the feed rate and the H2S concentration in this chapter to select the sampling site. 4-hour run and near the end of the time the acid gas for the 24-hour period, as applicable, to determine the required The sampling point in the duct must be period. The arithmetic average of the reduction efficiency in accordance with at the centroid of the cross-section if the two runs must be the moisture content 2 2 for the run. the provisions of § 60.5405(b). area is less than 5 m (54 ft ) or at a (b) Where compliance is achieved point no closer to the walls than 1 m (39 60.5407 What are the requirements for 2 through the use of an oxidation control in) if the cross-sectional area is 5 m or monitoring of emissions and operations system or a reduction control system more, and the centroid is more than 1 from my sweetening unit affected facilities followed by a continually operated m (39 in.) from the wall. at onshore natural gas processing plants? incineration device, you must install, (i) You must use Method 6 of (a) If your sweetening unit affected calibrate, maintain, and operate appendix A to part 60 of this chapter to facility is located at an onshore natural monitoring devices and continuous determine the SO2 concentration. You gas processing plant and is subject to emission monitors as follows: must take eight samples of 20 minutes the provisions of § 60.5405(a) or (b) you (1) A continuous monitoring system to each at 30-minute intervals. The must install, calibrate, maintain, and measure the total sulfur emission rate arithmetic average must be the operate monitoring devices or perform (E) of SO2 in the gases discharged to the concentration for the run. The measurements to determine the atmosphere. The SO2 emission rate concentration must be multiplied by 0.5 following operations information on a must be expressed in terms of × ¥3 10 to convert the results to sulfur daily basis: equivalent sulfur mass flow rates (kg/hr equivalent. (1) The accumulation of sulfur (lb/hr)). The span of this monitoring (ii) You must use Method 15 of product over each 24-hour period. The system must be set so that the appendix A to part 60 of this chapter to monitoring method may incorporate the equivalent emission limit of determine the TRS concentration from use of an instrument to measure and § 60.5405(b) will be between 30 percent reduction-type devices or where the record the liquid sulfur production rate, and 70 percent of the measurement oxygen content of the effluent gas is less or may be a procedure for measuring range of the instrument system. than 1.0 percent by volume. The and recording the sulfur liquid levels in (2) Except as provided in paragraph sampling rate must be at least 3 liters/ the storage vessels with a level indicator (b)(3) of this section: A monitoring min (0.1 ft3/min) to insure minimum or by manual soundings, with device to measure the temperature of residence time in the sample line. You subsequent calculation of the sulfur the gas leaving the combustion zone of must take sixteen samples at 15-minute production rate based on the tank the incinerator, if compliance with intervals. The arithmetic average of all geometry, stored sulfur density, and § 60.5405(a) is achieved through the use the samples must be the concentration elapsed time between readings. The of an oxidation control system or a for the run. The concentration in ppm method must be designed to be accurate reduction control system followed by a reduced sulfur as sulfur must be within ±2 percent of the 24-hour sulfur continually operated incineration ¥ multiplied by 1.333 × 10 3 to convert accumulation. device. The monitoring device must be the results to sulfur equivalent. (2) The H2S concentration in the acid certified by the manufacturer to be (iii) You must use Method 16A or gas from the sweetening unit for each accurate to within ±1 percent of the Method 15 of appendix A to part 60 of 24-hour period. At least one sample per temperature being measured. this chapter or ANSI/ASME PTC 19.10– 24-hour period must be collected and (3) When performance tests are 1981, Part 10 (manual portion only) analyzed using the equation specified in conducted under the provision of § 60.8 (incorporated by reference as specified § 60.5406(b)(1). The Administrator may to demonstrate compliance with the in § 60.17) to determine the reduced require you to demonstrate that the H2S standards under § 60.5405, the sulfur concentration from oxidation- concentration obtained from one or temperature of the gas leaving the type devices or where the oxygen more samples over a 24-hour period is incinerator combustion zone must be content of the effluent gas is greater than within ±20 percent of the average of 12 determined using the monitoring 1.0 percent by volume. You must take samples collected at equally spaced device. If the volumetric ratio of sulfur eight samples of 20 minutes each at 30- intervals during the 24-hour period. In dioxide to sulfur dioxide plus total minute intervals. The arithmetic average instances where the H2S concentration reduced sulfur (expressed as SO2) in the must be the concentration for the run. of a single sample is not within ±20 gas leaving the incinerator is equal to or The concentration in ppm reduced percent of the average of the 12 equally less than 0.98, then temperature sulfur as sulfur must be multiplied by spaced samples, the Administrator may monitoring may be used to demonstrate 1.333 × 10¥3 to convert the results to require a more frequent sampling that sulfur dioxide emission monitoring sulfur equivalent. schedule. is sufficient to determine total sulfur (iv) You must use Method 2 of (3) The average acid gas flow rate emissions. At all times during the appendix A to part 60 of this chapter to from the sweetening unit. You must operation of the facility, you must determine the volumetric flow rate of install and operate a monitoring device maintain the average temperature of the the effluent gas. A velocity traverse to continuously measure the flow rate of gas leaving the combustion zone of the must be conducted at the beginning and acid gas. The monitoring device reading incinerator at or above the appropriate end of each run. The arithmetic average must be recorded at least once per hour level determined during the most recent

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performance test to ensure the sulfur (c) of this section to calculate a 24-hour (b) Apparatus. (See Figure 1 of this compound oxidation criteria are met. average for the sulfur emission rate (E). subpart) A 100 or 500 ml capacity Operation at lower average temperatures The monitoring system must provide at Tutwiler burette, with two-way glass may be considered by the Administrator least one data point in each successive stopcock at bottom and three-way to be unacceptable operation and 15-minute interval. You must use at stopcock at top which connect either maintenance of the affected facility. You least two data points to calculate each with inlet tubulature or glass-stoppered may request that the minimum 1-hour average. You must use a cylinder, 10 ml capacity, graduated in incinerator temperature be reestablished minimum of 18 1-hour averages to 0.1 ml subdivision; rubber tubing by conducting new performance tests compute each 24-hour average. connecting burette with leveling bottle. under § 60.8. (e) In lieu of complying with (c) Reagents. (1) Iodine stock solution, (4) Upon promulgation of a paragraphs (b) or (c) of this section, 0.1N. Weight 12.7 g iodine, and 20 to 25 performance specification of continuous those sources with a design capacity of g cp potassium iodide for each liter of monitoring systems for total reduced less than 152 Mg/D (150 LT/D) of H2S solution. Dissolve KI in as little water as sulfur compounds at sulfur recovery expressed as sulfur may calculate the necessary; dissolve iodine in plants, you may, as an alternative to sulfur emission reduction efficiency concentrated KI solution, make up to paragraph (b)(2) of this section, install, achieved for each 24-hour period by: proper volume, and store in glass- calibrate, maintain, and operate a stoppered brown glass bottle. continuous emission monitoring system (2) Standard iodine solution, 1 for total reduced sulfur compounds as ml=0.001771 g I. Transfer 33.7 ml of required in paragraph (d) of this section above 0.1N stock solution into a 250 ml in addition to a sulfur dioxide emission Where: R = The sulfur dioxide removal efficiency volumetric flask; add water to mark and monitoring system. The sum of the achieved during the 24-hour period, mix well. Then, for 100 ml sample of equivalent sulfur mass emission rates percent. gas, 1 ml of standard iodine solution is from the two monitoring systems must K2 = Conversion factor, 0.02400 Mg/D per kg/ equivalent to 100 grains H2S per cubic be used to compute the total sulfur hr (0.01071 LT/D per lb/hr). feet of gas. emission rate (E). S = The sulfur production rate during the 24- (3) Starch solution. Rub into a thin (c) Where compliance is achieved hour period, kg/hr (lb/hr). paste about one teaspoonful of wheat through the use of a reduction control X = The sulfur feed rate in the acid gas, Mg/ starch with a little water; pour into system not followed by a continually D (LT/D). about a pint of boiling water; stir; let operated incineration device, you must (f) The monitoring devices required in install, calibrate, maintain, and operate cool and decant off clear solution. Make paragraphs (b)(1), (b)(3) and (c) of this fresh solution every few days. a continuous monitoring system to section must be calibrated at least measure the emission rate of reduced (d) Procedure. Fill leveling bulb with annually according to the starch solution. Raise (L), open cock (G), sulfur compounds as SO2 equivalent in manufacturer’s specifications, as the gases discharged to the atmosphere. open (F) to (A), and close (F) when required by § 60.13(b). solutions starts to run out of gas inlet. The SO2 equivalent compound emission (g) The continuous emission rate must be expressed in terms of Close (G). Purge gas sampling line and monitoring systems required in connect with (A). Lower (L) and open equivalent sulfur mass flow rates (kg/hr paragraphs (b)(1), (b)(3), and (c) of this (lb/hr)). The span of this monitoring (F) and (G). When liquid level is several section must be subject to the emission ml past the 100 ml mark, close (G) and system must be set so that the monitoring requirements of § 60.13 of equivalent emission limit of (F), and disconnect sampling tube. Open the General Provisions. For conducting (G) and bring starch solution to 100 ml § 60.5405(b) will be between 30 and 70 the continuous emission monitoring percent of the measurement range of the mark by raising (L); then close (G). Open system performance evaluation required (F) momentarily, to bring gas in burette system. This requirement becomes by § 60.13(c), Performance Specification effective upon promulgation of a to atmospheric pressure, and close (F). 2 of appendix B to part 60 of this Open (G), bring liquid level down to 10 performance specification for chapter must apply, and Method 6 must continuous monitoring systems for total ml mark by lowering (L). Close (G), be used for systems required by clamp rubber tubing near (E) and reduced sulfur compounds at sulfur paragraph (b) of this section. recovery plants. disconnect it from burette. Rinse (d) For those sources required to § 60.5408 What is an optional procedure graduated cylinder with a standard comply with paragraph (b) or (c) of this for measuring hydrogen sulfide in acid iodine solution (0.00171 g I per ml); fill section, you must calculate the average gas—Tutwiler Procedure? cylinder and record reading. Introduce sulfur emission reduction efficiency The Tutwiler procedure may be found successive small amounts of iodine thru achieved (R) for each 24-hour clock in the Gas Engineers Handbook, Fuel (F); shake well after each addition; interval. The 24-hour interval may begin Gas Engineering practices, The continue until a faint permanent blue and end at any selected clock time, but Industrial Press, 93 Worth Street, New color is obtained. Record reading; must be consistent. You must compute York, NY, 1966, First Edition, Second subtract from previous reading, and call the 24-hour average reduction efficiency Printing, page 6/25 (Docket A–80–20–A, difference D. (R) based on the 24-hour average sulfur Entry II–I–67). (e) With every fresh stock of starch production rate (S) and sulfur emission (a) When an instantaneous sample is solution perform a blank test as follows: rate (E), using the equation in desired and H2S concentration is ten Introduce fresh starch solution into § 60.5406(c)(1). grains per 1000 cubic foot or more, a burette up to 100 ml mark. Close (F) and (1) You must use data obtained from 100 ml Tutwiler burette is used. For (G). Lower (L) and open (G). When the sulfur production rate monitoring concentrations less than ten grains, a liquid level reaches the 10 ml mark, device specified in paragraph (a) of this 500 ml Tutwiler burette and more dilute close (G). With air in burette, titrate as section to determine S. solutions are used. In principle, this during a test and up to same end point. (2) You must use data obtained from method consists of titrating hydrogen Call ml of iodine used C. Then, Grains the sulfur emission rate monitoring sulfide in a gas sample directly with a H2S per 100 cubic foot of gas = 100(D– systems specified in paragraphs (b) or standard solution of iodine. C)

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(f) Greater sensitivity can be attained grains per 100 cubic foot can be end point, with H2S-free gas or air, is if a 500 ml capacity Tutwiler burette is determined in this way. Usually, the required. used with a more dilute (0.001N) iodine starch-iodine end point is much less BILLING CODE 6560–50–P solution. Concentrations less than 1.0 distinct, and a blank determination of

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BILLING CODE 6560–50–C centrifugal compressor wet seal fluid (2) You own or operate a pneumatic § 60.5410 How do I demonstrate initial degassing system by 95.0 percent or controller affected facility located at a compliance with the standards for my gas greater as required by § 60.5380 and as natural gas processing plant and your well affected facility, my centrifugal demonstrated by the requirements of pneumatic controller is driven other compressor affected facility, my § 60.5413. than by use of natural gas and therefore reciprocating compressor affected facility, (2) If you use a control device to emits zero natural gas. my pneumatic controller affected facility, reduce emissions, you must equip the (3) You own or operate a pneumatic my storage vessel affected facility, and my wet seal fluid degassing system with a controller affected facility located equipment leaks and sweetening unit cover that meets the requirements of between the wellhead and a natural gas affected facilities at onshore natural gas processing plant and the manufacturer’s processing plants? § 60.5411(b) and is connected through a closed vent system that meets the design specifications indicate that the You must determine initial requirements of § 60.5411(a) to a control controller emits less than or equal to 6 compliance with the standards for each device that meets the conditions standard cubic feet of gas per hour. affected facility using the requirements specified in § 60.5412. (4) You must tag each new pneumatic in paragraphs (a) through (g) of this (3) You must conduct an initial controller affected facility according to section. The initial compliance period performance test as required in the requirements of § 60.5390(b)(2). begins on October 15, 2012 or upon § 60.5413 within 180 days after initial (5) You must include the information initial startup, whichever is later, and startup or by October 15, 2012, in paragraph (d)(1) of this section and a ends no later than one year after the whichever is later, and you must listing of the pneumatic controller initial startup date for your affected comply with the continuous compliance affected facilities specified in facility or no later than one year after requirements in § 60.5415(b). paragraphs (d)(2) and (3) of this section October 15, 2012. The initial (4) You must conduct the initial in the initial annual report submitted for compliance period may be less than one inspections required in § 60.5416. your pneumatic controller affected full year. facilities constructed, modified or (a) To achieve initial compliance with (5) You must install and operate the continuous parameter monitoring reconstructed during the period covered the standards for each well completion by the annual report according to the operation conducted at your gas well systems in accordance with § 60.5417. (6) You must submit the notifications requirements of § 60.5420(b). affected facility you must comply with (6) You must maintain the records as required in 60.7(a)(1), (3), and (4). paragraphs (a)(1) through (a)(4) of this specified in § 60.5420(c)(4) for each (7) You must submit the initial annual section. pneumatic controller affected facility. (1) You must submit the notification report for your centrifugal compressor (e) To achieve initial compliance with required in § 60.5420(a)(2). affected facility as required in the emission standards for your storage (2) You must submit the initial annual § 60.5420(b) for each centrifugal vessel affected facility you must comply report for your well affected facility as compressor affected facility with paragraphs (e)(1) through (9) of this required in § 60.5420(b). (8) You must maintain the records as section. (3) You must maintain a log of records specified in § 60.5420(c)(3). (1) You have determined the VOC as specified in § 60.5420(c)(1) for each (c) To achieve initial compliance with emission rate within 30 days after well completion operation conducted the standards for each reciprocating startup for storage vessels constructed, during the initial compliance period. compressor affected facility you must modified or reconstructed at well sites (4) For each gas well affected facility comply with paragraphs (c)(1) through with no other wells in production, and subject to both § 60.5375(a)(1) and (3), (4) of this section. you must use good engineering practices you must maintain records of one or (1) During the initial compliance to minimize emissions during the 30- more digital photographs with the date period, you must continuously monitor day period. the photograph was taken and the the number of hours of operation or (2) You must determine the VOC latitude and longitude of the well site track the number of months since the emission rate upon startup for storage imbedded within or stored with the last rod packing replacement. vessels constructed, modified or digital file showing the equipment for (2) You must submit the notifications reconstructed at well sites with one or storing or re-injecting recovered liquid, required in 60.7(a)(1), (3), and (4). more wells already in production. equipment for routing recovered gas to (3) You must submit the initial annual (3) For storage vessel affected the gas flow line and the completion report for your reciprocating compressor facilities emitting more than 6 tpy VOC, combustion device (if applicable) as required in § 60.5420(b). you must reduce VOC emissions by 95.0 connected to and operating at each gas (4) You must maintain the records as percent or greater within 60 days after well completion operation that occurred specified in § 60.5420(c)(3) for each startup for storage vessels constructed, during the initial compliance period. As reciprocating compressor affected modified or reconstructed at well sites an alternative to imbedded latitude and facility. with no other wells in production, or longitude within the digital photograph, (d) To achieve initial compliance with upon startup for storage vessels the digital photograph may consist of a emission standards for your pneumatic constructed, modified or reconstructed photograph of the equipment connected controller affected facility you comply at well sites with one or more wells and operating at each well completion with the requirements specified in already in production. operation with a photograph of a paragraphs (d)(1) through (6) of this (4) If you use a control device to separately operating GIS device within section. reduce emissions, you must equip the the same digital picture, provided the (1) If applicable, you have storage vessel with a cover that meets latitude and longitude output of the GIS demonstrated by maintaining records as the requirements of § 60.5411(b) and is unit can be clearly read in the digital specified in § 60.5420(c)(4)(ii) of your connected through a closed vent system photograph. determination that the use of a that meets the requirements of (b)(1) To achieve initial compliance pneumatic controller affected facility § 60.5411(a) to a control device that with standards for your centrifugal with a bleed rate greater than 6 standard meets the conditions specified in compressor affected facility you must cubic feet of gas per hour is required as § 60.5412 within 60 days after startup reduce VOC emissions from each specified in § 60.5390(a). for storage vessels constructed, modified

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or reconstructed at well sites with no cover and closed vent system used to following changes in the level of the other wells in production, or upon comply with the emission standards for material in the unit); startup for storage vessels constructed, your storage vessel or centrifugal (ii) To inspect or sample the material modified or reconstructed at well sites compressor affected facility. in the unit; with one or more wells already in (a) Closed vent system requirements. (iii) To inspect, maintain, repair, or production. (1) You must design the closed vent replace equipment located inside the (5) You must conduct an initial system to route all gases, vapors, and unit; or performance test as required in fumes emitted from the material in the (iv) To vent liquids, gases, or fumes § 60.5413 within 180 days after initial storage vessel or wet seal fluid from the unit through a closed-vent startup or within 180 days of October degassing system to a control device system to a control device designed and 15, 2013, whichever is later, and must that meets the requirements specified in operated in accordance with the conduct the compliance demonstration § 60.5412. requirements of paragraph (a) of this in § 60.5415(b). (2) You must design and operate the section. (6) You must conduct the initial closed vent system with no detectable § 60.5412 What additional requirements inspections required in § 60.5416. emissions as demonstrated by must I meet for determining initial (7) You must install and operate § 60.5416(b). compliance with control devices used to continuous parameter monitoring (3) You must meet the requirements comply with the emission standards for my systems in accordance with § 60.5417. specified in paragraphs (a)(3)(i) and (ii) storage vessel or centrifugal compressor (8) You must submit the information of this section if the closed vent system affected facility? in paragraphs (e)(1) through (7) of this contains one or more bypass devices You must meet the applicable section in the initial annual report as that could be used to divert all or a requirements of this section for each required in § 60.5420(b). portion of the gases, vapors, or fumes control device used to comply with the (9) You must maintain the records as from entering the control device. emission standards for your storage specified in § 60.5420(c)(5) for each (i) Except as provided in paragraph vessel or centrifugal compressor affected storage vessel affected facility. (a)(3)(ii) of this section, you must facility. (f) For affected facilities at onshore comply with either paragraph (a) If you use a control device to meet natural gas processing plants, initial (a)(3)(i)(A) or (B) of this section for each the emission reduction standard in compliance with the VOC requirements bypass device. § 60.5380(a)(1) for your centrifugal is demonstrated if you are in (A) You must properly install, compressor or § 60.5395(a)(1) or (2) for compliance with the requirements of calibrate, maintain, and operate a flow your storage vessel, you must use one of the control devices specified in § 60.5400. indicator at the inlet to the bypass paragraphs (a)(1) through (3) of this (g) For sweetening unit affected device that could divert the stream away section. You must demonstrate that the facilities at onshore natural gas from the control device to the control device achieves the performance processing plants, initial compliance is atmosphere that is capable of taking requirements using the performance test demonstrated according to paragraphs periodic readings as specified in methods and procedures specified in (g)(1) through (3) of this section. § 60.5416(a)(4) and sounds an alarm (1) To determine compliance with the § 60.5413. when the bypass device is open such (1) You must design and operate an standards for SO2 specified in that the stream is being, or could be, § 60.5405(a), during the initial enclosed combustion device (e.g., diverted away from the control device to thermal vapor incinerator, catalytic performance test as required by § 60.8, the atmosphere. the minimum required sulfur dioxide vapor incinerator, boiler, or process (B) You must secure the bypass device heater) in accordance with one of the emission reduction efficiency (Zi) is valve installed at the inlet to the bypass compared to the emission reduction performance requirements specified in device in the non-diverting position paragraphs (a)(1)(i) through (iv) of this efficiency (R) achieved by the sulfur using a car-seal or a lock-and-key type recovery technology as specified in section. configuration. (i) You must reduce the mass content paragraphs (g)(1)(i) and (ii) of this (ii) Low leg drains, high point bleeds, of VOC in the gases vented to the device section. analyzer vents, open-ended valves or by 95.0 percent by weight or greater as (i) If R ≥ Z , your affected facility is i lines, and safety devices are not subject determined in accordance with the in compliance. to the requirements of paragraph (a)(3)(i) requirements of § 60.5413. (ii) If R < Z , your affected facility is i of this section. (ii) You must reduce the not in compliance. (b) Cover requirements. (1) The cover concentration of TOC in the exhaust (2) The emission reduction efficiency and all openings on the cover (e.g., gases at the outlet to the device to a (R) achieved by the sulfur reduction access hatches, sampling ports, and level equal to or less than 20 parts per technology must be determined using gauge wells) shall form a continuous million by volume on a dry basis the procedures in § 60.5406(c)(1). barrier over the entire surface area of the corrected to 3 percent oxygen as (3) You have submitted the results of liquid in the storage vessel or wet seal determined in accordance with the paragraphs (g)(1) and (2) of this section fluid degassing system. requirements of § 60.5413. in the initial annual report submitted for (2) Each cover opening shall be (iii) You must operate at a minimum your sweetening unit affected facilities secured in a closed, sealed position temperature of 760 °C for a control at onshore natural gas processing plants. (e.g., covered by a gasketed lid or cap) device that can demonstrate a uniform § 60.5411 What additional requirements whenever material is in the unit on combustion zone temperature during must I meet to determine initial compliance which the cover is installed except the performance test conducted under for my closed vent systems routing during those times when it is necessary § 60.5413. materials from storage vessels and to use an opening as follows: (iv) If a boiler or process heater is centrifugal compressor wet seal degassing (i) To add material to, or remove used as the control device, then you systems? material from the unit (this includes must introduce the vent stream into the You must meet the applicable openings necessary to equalize or flame zone of the boiler or process requirements of this section for each balance the internal pressure of the unit heater.

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(2) You must design and operate a equipped with and operating air with the primary fuel or is used as the vapor recovery device (e.g., carbon emission controls in accordance with primary fuel. adsorption system or condenser) or this section. (4) A boiler or process heater burning other non-destructive control device to (iii) Regenerate or reactivate the spent hazardous waste for which you have reduce the mass content of VOC in the carbon in a thermal treatment unit either been issued a final permit under gases vented to the device by 95.0 equipped with and operating organic air 40 CFR part 270 and comply with the percent by weight or greater as emission controls in accordance with an requirements of 40 CFR part 266, determined in accordance with the emissions standard for VOC under subpart H; or you have certified requirements of § 60.5413. The vapor another subpart in 40 CFR part 60 or compliance with the interim status recovery device must meet the design this part. requirements of 40 CFR part 266, analysis requirements of § 60.5413(c). (iv) Burn the spent carbon in a subpart H. (3) You must design and operate a hazardous waste incinerator for which (5) A hazardous waste incinerator for flare in accordance with the the owner or operator has been issued which you have been issued a final requirements of § 60.5413. a final permit under 40 CFR part 270 permit under 40 CFR part 270 and (b) You must operate each control that implements the requirements of 40 comply with the requirements of 40 CFR device in accordance with the CFR part 264, subpart O. part 264, subpart O; or you have requirements specified in paragraphs (v) Burn the spent carbon in a certified compliance with the interim (b)(1) and (2) of this section. hazardous waste incinerator which you status requirements of 40 CFR part 265, (1) You must operate each control have designed and operated in subpart O. device used to comply with this subpart accordance with the requirements of 40 (6) A performance test is waived in at all times when gases, vapors, and CFR part 265, subpart O. accordance with § 60.8(b). fumes are vented from the storage vessel (vi) Burn the spent carbon in a boiler (7) A control device that can be affected facility, as required under or industrial furnace for which you have demonstrated to meet the performance § 60.5395, or wet seal fluid degassing been issued a final permit under 40 CFR requirements of § 60.5412(a) through a system affected facility, as required part 270 that implements the performance test conducted by the under § 60.5380, through the closed requirements of 40 CFR part 266, manufacturer, as specified in paragraph vent system to the control device. You subpart H. (d) of this section. may vent more than one affected facility (vii) Burn the spent carbon in a boiler (b) Test methods and procedures. You to a control device used to comply with or industrial furnace that you have must use the test methods and this subpart. designed and operated in accordance procedures specified in paragraphs (2) For each control device monitored with the interim status requirements of (b)(1) through (5) of this section, as in accordance with the requirements of 40 CFR part 266, subpart H. applicable, for each performance test § 60.5417, you must demonstrate § 60.5413 What are the performance conducted to demonstrate that a control compliance according to the testing procedures for control devices used device meets the requirements of requirements of § 60.5415(e)(2), as to demonstrate compliance at my storage § 60.5412(a). You must conduct the applicable. vessel or centrifugal compressor affected initial and periodic performance tests (c) For each carbon adsorption system facility? according to the schedule specified in used as a control device to meet the This section applies to the paragraph (b)(5) of this section. requirements of paragraph (a)(2) of this performance testing of control devices (1) You must use Method 1 or 1A at section, you must manage the carbon in used to demonstrate compliance with 40 CFR part 60, appendix A–1, as accordance with the requirements the emissions standards for your storage appropriate, to select the sampling sites specified in paragraphs (c)(1) or (2) of vessel or centrifugal compressor affected specified in paragraphs (b)(1)(i) and (ii) this section. facility. You must demonstrate that a of this section. Any references to (1) Following the initial startup of the control device achieves the performance particulate mentioned in Methods 1 and control device, you must replace all requirements of § 60.5412(a) using the 1A do not apply to this section. carbon in the control device with fresh performance test methods and (i) Sampling sites must be located at carbon on a regular, predetermined time procedures specified in paragraph (b) of the inlet of the first control device, and interval that is no longer than the this section. For condensers, you may at the outlet of the final control device, carbon service life established according use a design analysis as specified in to determine compliance with the to § 60.5413(c)(2) or (3) for the carbon paragraph (c) of this section in lieu of control device percent reduction adsorption system. You must maintain complying with paragraph (b) of this requirement specified in records identifying the schedule for section. § 60.5412(a)(1)(i) or (a)(2). replacement and records of each carbon (a) Performance test exemptions. You (ii) The sampling site must be located replacement as required in are exempt from the requirements to at the outlet of the combustion device to § 60.5420(c)(6). conduct performance tests and design determine compliance with the (2) You must either regenerate, analyses if you use any of the control enclosed combustion device total TOC reactivate, or burn the spent carbon devices described in paragraphs (a)(1) concentration limit specified in removed from the carbon adsorption through (7) of this section. § 60.5412(a)(1)(ii). system in one of the units specified in (1) A flare that is designed and (2) You must determine the gas paragraphs (c)(2)(i) through (vii) of this operated in accordance with § 60.18(b). volumetric flowrate using Method 2, 2A, section. You must conduct the compliance 2C, or 2D at 40 CFR part 60, appendix (i) Regenerate or reactivate the spent determination using Method 22 at 40 A–2, as appropriate. carbon in a thermal treatment unit for CFR part 60, appendix A–7, to (3) To determine compliance with the which you have been issued a final determine visible emissions. control device percent reduction permit under 40 CFR part 270 that (2) A boiler or process heater with a performance requirement in implements the requirements of 40 CFR design heat input capacity of 44 § 60.5412(a)(1)(i) or (a)(2), you must use part 264, subpart X. megawatts or greater. Method 25A at 40 CFR part 60, (ii) Regenerate or reactivate the spent (3) A boiler or process heater into appendix A–7. You must use the carbon in a thermal treatment unit which the vent stream is introduced procedures in paragraphs (b)(3)(i)

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through (iv) of this section to calculate as calculated under paragraph (b)(3)(ii) the samples are taken for determining percent reduction efficiency. of this section, kilograms TOC per hour TOC concentration. (i) For each run, you must take either or kilograms HAP per hour. (B) You must correct the TOC an integrated sample or a minimum of Eo = Mass rate of TOC (minus methane and concentration for percent oxygen as ethane) at the outlet of the control four grab samples per hour. If grab device, as calculated under paragraph follows: sampling is used, then the samples must (b)(3)(ii) of this section, kilograms TOC be taken at approximately equal per hour per hour. intervals in time, such as 15-minute (iv) If the vent stream entering a boiler intervals during the run. or process heater with a design capacity (ii) You must compute the mass rate Where: less than 44 megawatts is introduced Cc = TOC concentration corrected to 3 of TOC (minus methane and ethane) with the combustion air or as a using the equations and procedures percent oxygen, dry basis, parts per secondary fuel, you must determine the million by volume. specified in paragraphs (b)(3)(ii)(A) and weight-percent reduction of total TOC Cm = TOC concentration, dry basis, parts per (B) of this section. (minus methane and ethane) across the million by volume. (A) You must use the following device by comparing the TOC (minus %O2d = Concentration of oxygen, dry basis, equations: methane and ethane) in all combusted percent by volume. vent streams and primary and secondary (5) You must conduct performance fuels with the TOC (minus methane and tests according to the schedule specified ethane) exiting the device, respectively. in paragraphs (b)(5)(i) and (ii) of this (4) You must use Method 25A at 40 section. CFR part 60, appendix A–7 to measure (i) You must conduct an initial TOC (minus methane and ethane) to performance test within 180 days after determine compliance with the initial startup for your affected facility. enclosed combustion device total VOC You must submit the performance test concentration limit specified in results as required in § 60.5420(b)(7). § 60.5412(a)(1)(ii). You must calculate (ii) You must conduct periodic parts per million by volume performance tests for all control devices concentration and correct to 3 percent required to conduct initial performance oxygen, using the procedures in Where: tests except as specified in paragraphs paragraphs (b)(4)(i) through (iii) of this (b)(5)(ii)(A) and (B) of this section. You Ei, Eo = Mass rate of TOC (minus methane and ethane) at the inlet and outlet of the section. must conduct the first periodic control device, respectively, dry basis, (i) For each run, you must take either performance test no later than 60 kilogram per hour. an integrated sample or a minimum of months after the initial performance test ¥6 K2 = Constant, 2.494 × 10 (parts per four grab samples per hour. If grab required in paragraph (b)(5)(i) of this million) (gram-mole per standard cubic sampling is used, then the samples must section. You must conduct subsequent meter) (kilogram/gram) (minute/hour), be taken at approximately equal periodic performance tests at intervals where standard temperature (gram-mole intervals in time, such as 15-minute no longer than 60 months following the per standard cubic meter) is 20 °C. intervals during the run. previous periodic performance test or Cij, Coj = Concentration of sample component (ii) You must calculate the TOC j of the gas stream at the inlet and outlet whenever you desire to establish a new of the control device, respectively, dry concentration for each run as follows: operating limit. You must submit the basis, parts per million by volume. periodic performance test results as Mij, Moj = Molecular weight of sample specified in § 60.5420(b)(7). Combustion component j of the gas stream at the inlet control devices meeting the criteria in and outlet of the control device, either paragraph (b)(5)(ii)(A) or (B) of respectively, gram/gram-mole. this section are not required to conduct Qi, Qo = Flowrate of gas stream at the inlet Where: C = Concentration of total organic periodic performance tests. and outlet of the control device, TOC (A) A control device whose model is respectively, dry standard cubic meter compounds minus methane and ethane, per minute. dry basis, parts per million by volume. tested under, and meets the criteria of n = Number of components in sample. Cji = Concentration of sample component j of paragraph (d) of this section. sample i, dry basis, parts per million by (B) A combustion control device (B) When calculating the TOC mass volume. tested under paragraph (b) of this rate, you must sum all organic n = Number of components in the sample. section that meets the outlet TOC compounds (minus methane and x = Number of samples in the sample run. performance level specified in ethane) measured by Method 25A at 40 (iii) You must correct the TOC § 60.5412(a)(1)(ii) and that establishes a CFR part 60, appendix A–7 using the concentration to 3 percent oxygen as correlation between firebox or equations in paragraph (b)(3)(ii)(A) of specified in paragraphs (b)(4)(iii)(A) and combustion chamber temperature and this section. (B) of this section. the TOC performance level. (iii) You must calculate the percent (A) You must use the emission rate (c) Control device design analysis to reduction in TOC (minus methane and correction factor for excess air, meet the requirements of § 60.5412(a). ethane) as follows: integrated sampling and analysis (1) For a condenser, the design analysis procedures of Method 3A or 3B at 40 must include an analysis of the vent CFR part 60, appendix A, ASTM stream composition, constituent D6522–00 (Reapproved 2005), or ANSI/ concentrations, flowrate, relative Where: ASME PTC 19.10–1981, Part 10 (manual humidity, and temperature, and must portion only) (incorporated by reference establish the design outlet organic Rcd = Control efficiency of control device, percent. as specified in § 60.17) to determine the compound concentration level, design Ei = Mass rate of TOC (minus methane and oxygen concentration. The samples average temperature of the condenser ethane) at the inlet to the control device must be taken during the same time that exhaust vent stream, and the design

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average temperatures of the coolant (A) Method 22 at 40 CFR part 60, down to 0 percent of the maximum fluid at the condenser inlet and outlet. appendix A–7, results under paragraph design rate. Repeat three more times for (2) For a regenerable carbon (d)(6)(iv) of this section with no a total of 60 minutes of sampling. adsorption system, the design analysis indication of visible emissions. (3) The manufacturer must test all shall include the vent stream (B) Average Method 25A at 40 CFR models employing multiple enclosures composition, constituent part 60, appendix A–7, results under simultaneously and with all burners concentrations, flowrate, relative paragraph (d)(8) of this section equal to operational. The manufacturer must humidity, and temperature, and shall or less than 10.0 parts per million by report results for each enclosure establish the design exhaust vent stream volume-wet THC as propane corrected individually and for the average of the organic compound concentration level, to 3.0 percent carbon dioxide, and emissions from all interconnected adsorption cycle time, number and (C) Average carbon monoxide combustion enclosures/chambers. capacity of carbon beds, type and emissions determined under paragraph Control device operating data must be working capacity of activated carbon (d)(6)(iii) of this section equal to or less collected continuously throughout the used for the carbon beds, design total than 10 parts per million by volume- performance test using an electronic regeneration stream flow over the period dry, corrected to 3.0 percent carbon Data Acquisition System and strip chart. of each complete carbon bed dioxide. The manufacturer must submit data regeneration cycle, design carbon bed (ii) The manufacturer must determine with the test report in accordance with temperature after regeneration, design a maximum inlet gas flow rate, which paragraph (d)(9) of this section. carbon bed regeneration time, and must not be exceeded for each control (4) The manufacturer must conduct design service life of the carbon. device model to achieve the criteria in inlet testing as specified in paragraphs (3) For a nonregenerable carbon paragraph (d)(1)(i) of this section. (d)(4)(i) through (iii) of this section. adsorption system, such as a carbon (iii) A control device meeting the (i) The fuel flow metering system canister, the design analysis shall emission levels in paragraph (d)(1)(i)(A) must be located in accordance with include the vent stream composition, through (C) of this section must Method 2A at 40 CFR part 60, appendix constituent concentrations, flowrate, demonstrate a minimum destruction A–1, (or other approved procedure) to relative humidity, and temperature, and efficiency of 95.0 percent for VOC measure fuel flow rate at the control shall establish the design exhaust vent regulated under this subpart. device inlet location. You must position stream organic compound concentration (2) Performance testing must consist the fitting for filling fuel sample level, capacity of the carbon bed, type of three one-hour (or longer) test runs containers a minimum of eight pipe and working capacity of activated for each of the four firing rate settings diameters upstream of any inlet fuel carbon used for the carbon bed, and in paragraphs (d)(2)(i) through (iv) of flow monitoring meter. design carbon replacement interval this section, making a total of 12 test (ii) The manufacturer must determine based on the total carbon working runs per test. The manufacturer must the inlet flow rate using Method 2A at capacity of the control device and use propene (propylene) gas for the 40 CFR part 60, appendix A–1. Record source operating schedule. In addition, testing fuel. An independent third-party the start and stop reading for each 60- these systems will incorporate dual laboratory (not affiliated with the minute THC test. Record the gas carbon canisters in case of emission control device manufacturer or fuel pressure and temperature at 5-minute breakthrough occurring in one canister. supplier) must perform all fuel analyses. intervals throughout each 60-minute (4) If you and the Administrator do (i) 90–100 percent of maximum THC test. not agree on a demonstration of control design rate (fixed rate). (iii) The manufacturer must conduct device performance using a design (ii) 70–100–70 percent (ramp up, inlet fuel sampling in accordance with analysis, then you must perform a ramp down). Begin the test at 70 percent the criteria in paragraph (d)(5) of this performance test in accordance with the of the maximum design rate. Within the section. requirements of paragraph (b) of this first 5 minutes, ramp up the firing rate (5) The manufacturer must conduct section to resolve the disagreement. The to 100 percent of the maximum design inlet fuel sampling as specified in Administrator may choose to have an rate. Hold at 100 percent for 5 minutes. paragraphs (d)(5)(i) and (ii) of this authorized representative observe the In the 10–15 minute time range, ramp section. performance test. back down to 70 percent of the (i) At the inlet fuel sampling location, (d) Performance testing for maximum design rate. Repeat three the manufacturer must securely connect combustion control devices— more times for a total of 60 minutes of a Silonite-coated stainless steel manufacturers’ performance test. The sampling. evacuated canister fitted with a flow manufacturer must demonstrate that a (iii) 30–70–30 percent (ramp up, ramp controller sufficient to fill the canister specific model of combustion control down). Begin the test at 30 percent of over a 1 hour period. Filling must be device achieves the performance the maximum design rate. Within the conducted as specified in paragraphs requirements in paragraph (d)(1) of this first 5 minutes, ramp up the firing rate (d)(5)(i)(A) through (C) of this section. section by conducting a performance to 70 percent of the maximum design (A) Open the canister sampling valve test as specified in paragraphs (d)(2) rate. Hold at 70 percent for 5 minutes. at the beginning of the total through (8) of this section. You must In the 10–15 minute time range, ramp hydrocarbon test, and close the canister submit a test report for each combustion back down to 30 percent of the at the end of the total hydrocarbon test. control device in accordance with the maximum design rate. Repeat three (B) Fill one canister for each total requirements in paragraphs (d)(9) of this more times for a total of 60 minutes of hydrocarbon test run. section. sampling. (C) Label the canisters individually (1) The manufacturer must meet the (iv) 0–30–0 percent (ramp up, ramp and record on a chain of custody form. performance test criteria in paragraphs down). Begin the test at 0 percent of the (ii) The manufacturer must analyze (d)(1)(i) through (iii) of this section. maximum design rate. Within the first 5 each fuel sample using the methods in (i) The control device model tested minutes, ramp up the firing rate to 100 paragraphs (d)(5)(ii)(A) through (D) of must meet the emission levels in percent of the maximum design rate. this section. You must include the paragraphs (d)(1)(i)(A) through (C) of Hold at 30 percent for 5 minutes. In the results in the test report in paragraph this section. 10–15 minute time range, ramp back (d)(9) of this section.

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(A) Hydrocarbon compounds position of the observer and annotated (ii) A valid test must consist of three containing between one and five atoms with date and time, will be taken once Method 25A at 40 CFR part 60, of carbon plus benzene using ASTM per test run and the four photos appendix A–7, tests, each no less than D1945–03 (Reapproved 2010) included in the test report. 60 minutes in duration. (incorporated by reference as specified (7) The manufacturer must determine (iii) A 0–10 parts per million by in § 60.17). molecular weight as specified in volume-wet (ppmvw) (as propane) (B) Hydrogen (H2), carbon monoxide paragraphs (d)(7)(i) and (ii) of this measurement range is preferred; as an (CO), carbon dioxide (CO2), nitrogen section. alternative a 0–30 ppmvw (as carbon) (N2), oxygen (O2) using ASTM D1945– (i) The manufacturer must collect an measurement range may be used. 03 (Reapproved 2010) (incorporated by integrated bag sample during the (iv) Calibration gases will be propane reference as specified in § 60.17). Method 4 at 40 CFR part 60, appendix in air and be certified through EPA (C) Carbonyl sulfide, carbon disulfide A–3, moisture test. The manufacturer Protocol 1—‘‘EPA Traceability Protocol plus mercaptans using ASTM D5504–08 must analyze the bag sample using a gas for Assay and Certification of Gaseous (incorporated by reference as specified chromatograph-thermal conductivity Calibration Standards,’’ September in § 60.17). detector (GC–TCD) analysis meeting the 1997, as amended August 25, 1999, (D) Higher heating value using ASTM criteria in paragraphs (d)(7)(i)(A) EPA–600/R–97/121. D3588–98 (Reapproved 2003) or ASTM through (D) of this section. (v) THC measurements must be D4891–89 (Reapproved 2006) (A) Collect the integrated sample reported in terms of ppmvw as propane. (incorporated by reference as specified throughout the entire test, and collect (vi) THC results must be corrected to in § 60.17). representative volumes from each 3 percent CO2, as measured by Method (6) The manufacturer must conduct traverse location. 3C at 40 CFR part 60, appendix A–2. outlet testing in accordance with the (B) Purge the sampling line with stack (vii) Subtraction of methane/ethane criteria in paragraphs (d)(6)(i) through gas before opening the valve and from the THC data is not allowed in (iv) and (d)(7) of this section. beginning to fill the bag. determining results. (i) The manufacturer must sample and (C) Knead or otherwise vigorously (9) For each combustion control measure flowrate in accordance with the mix the bag contents prior to the gas device model tested by the following: chromatograph analysis. manufacturer under this section, you (A) The manufacturer must position must maintain records of the the outlet sampling location a minimum (D) Modify the gas chromatograph- thermal conductivity detector information listed in paragraphs (d)(9)(i) of four equivalent stack diameters through (vi) of this section. downstream from the highest peak calibration procedure in Method 3C at 40 CFR part 60, appendix A–2 by using (i) A full schematic of the control flame or any other flow disturbance, and device and dimensions of the device a minimum of one equivalent stack EPA Alt–045 as follows: For the initial calibration, triplicate injections of any components. diameter upstream of the exit or any (ii) The design net heating value other flow disturbance. A minimum of single concentration must agree within 5 percent of their mean to be valid. The (minimum and maximum) of the device. two sample ports must be used. (iii) The test fuel gas flow range (in (B) The manufacturer must measure calibration response factor for a single concentration re-check must be within both mass and volume). Include the flow rate using Method 1 at 40 CFR part minimum and maximum allowable inlet 60, appendix A–1 for determining flow 10 percent of the original calibration response factor for that concentration. If gas flow rate. measurement traverse point location, (iv) The air/stream injection/assist and Method 2 at 40 CFR part 60, this criterion is not met, repeat the initial calibration using at least three ranges, if used. appendix A–1 for measuring duct (v) The test parameter ranges listed in concentration levels. velocity. If low flow conditions are paragraphs (d)(9)(v)(A) through (O) of (ii) The manufacturer must report the encountered (i.e., velocity pressure this section, as applicable for the tested molecular weight of oxygen, carbon differentials less than 0.05 inches of model. dioxide, methane, and nitrogen and water) during the performance test, a (A) Fuel gas delivery pressure and include in the test report submitted more sensitive manometer must be used temperature. under § 60.5420(b)(7). The manufacturer to obtain an accurate flow profile. (B) Fuel gas moisture range. (ii) The manufacturer must determine must determine moisture using Method (C) Purge gas usage range. molecular weight as specified in 4 at 40 CFR part 60, appendix A–3. (D) Condensate (liquid fuel) paragraph (d)(7) of this section. Traverse both ports with the Method 4 separation range. (iii) The manufacturer must determine at 40 CFR part 60, appendix A–3, (E) Combustion zone temperature carbon monoxide using Method 10 at 40 sampling train during each test run. The range. This is required for all devices CFR part 60, appendix A–4 or ASTM manufacturer must not introduce that measure this parameter. D6522–00 (Reapproved 2005) ambient air into the Method 3C at 40 (F) Excess combustion air range. (incorporated by reference as specified CFR part 60, appendix A–2, integrated (G) Flame arrestor(s). in § 60.17). The manufacturer must run bag sample during the port change. (H) Burner manifold pressure. the test at the same time and with the (8) The manufacturer must determine (I) Pilot flame sensor. sample points used for the Method 25A total hydrocarbons as specified by the (J) Pilot flame design fuel and fuel at 40 CFR part 60, appendix A–7, criteria in paragraphs (d)(8)(i) through usage. testing. An instrument range of 0–10 (vii) of this section. (K) Tip velocity range. parts per million by volume-dry (i) Conduct THC sampling using (L) Momentum flux ratio. (ppmvd) must be used. Method 25A at 40 CFR part 60, (M) Exit temperature range. (iv) The manufacturer must determine appendix A–7, except the option for (N) Exit flow rate. visible emissions using Method 22 at 40 locating the probe in the center 10 (O) Wind velocity and direction. CFR part 60, appendix A–7. The test percent of the stack is not allowed. The (vi) You must include all calibration must be performed continuously during THC probe must be traversed to 16.7 quality assurance/quality control data, each test run. A digital color photograph percent, 50 percent, and 83.3 percent of calibration gas values, gas cylinder of the exhaust point, taken from the the stack diameter during the testing. certification, and strip charts annotated

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with test times and calibration values in greater than 6 tpy, you must monitoring system malfunction is any the test report. demonstrate continuous compliance sudden, infrequent, not reasonably according to paragraphs (e)(1) and (2) of preventable failure of the monitoring § 60.5415 How do I demonstrate this section. system to provide valid data. continuous compliance with the standards (1) You must reduce VOC emissions for my gas well affected facility, my Monitoring system failures that are centrifugal compressor affected facility, my from each storage vessel are reduced by caused in part by poor maintenance or stationary reciprocating compressor 95.0 percent or greater. careless operation are not malfunctions. affected facility, my pneumatic controller (2) If you use a control device to You are required to complete affected facility, my storage vessel affected reduce VOC emissions, you must monitoring system repairs in response facility, and my affected facilities at onshore demonstrate continuous compliance to monitoring system malfunctions and natural gas processing plants? with the performance requirements of to return the monitoring system to (a) For each gas well affected facility, § 60.5412(a)(2) using the procedure operation as expeditiously as you must demonstrate continuous specified in paragraphs (e)(2)(i) through practicable. compliance by submitting the reports (vii) of this section. If you use a (v) You may not use data recorded required by § 60.5420(b) and condenser as the control device to during monitoring system malfunctions, maintaining the records for each achieve the requirements specified in repairs associated with monitoring completion operation specified in § 60.5412(a)(2), you may demonstrate system malfunctions, or required § 60.5420(c)(1). compliance according to paragraph monitoring system quality assurance or (b) For each centrifugal compressor (e)(2)(viii) of this section. You may control activities in calculations used to affected facility, you must demonstrate switch between compliance with report emissions or operating levels. continuous compliance according to paragraphs (e)(2)(i) through (vii) of this You must use all the data collected paragraphs (b)(1) and (2) of this section. section and compliance with paragraph during all other required data collection (1) You must reduce VOC emissions (e)(2)(viii) of this section only after at periods to assess the operation of the from the wet seal fluid degassing system least 1 year of operation in compliance control device and associated control by 95.0 percent or greater. with the selected approach. You must system. (2) If you use a control device to provide notification of such a change in (vi) Failure to collect required data is reduce emissions, you must the compliance method in the next a deviation of the monitoring demonstrate continuous compliance Annual Report, as required in requirements, except for periods of according to paragraph (e)(2) of this § 60.5420(b), following the change. monitoring system malfunctions, repairs section. (i) You must operate below (or above) associated with monitoring system (3) You must submit the annual report the site specific maximum (or malfunctions, and required quality required by 60.5420(b) and maintain the minimum) parameter value established monitoring system quality assurance or records as specified in § 60.5420(c)(2). according to the requirements of quality control activities (including, as (c) For each reciprocating compressor § 60.5417(f)(1). applicable, system accuracy audits and affected facility, you must demonstrate (ii) You must calculate the daily required zero and span adjustments). continuous compliance according to average of the applicable monitored (vii) If you use a combustion control paragraphs (c)(1) through (3) of this parameter in accordance with device to meet the requirements of section. § 60.5417(e) except that the inlet gas § 60.5412(a), you must demonstrate (1) You must continuously monitor flow rate to the control device must not compliance by installing a device tested the number of hours of operation for be averaged. under the provisions in § 60.5413(d) and each reciprocating compressor affected (iii) Compliance with the operating complying with the criteria in facility or track the number of months parameter limit is achieved when the paragraphs (e)(2)(vii)(A) through (D) of since initial startup, or October 15, daily average of the monitoring this section. 2012, or the date of the most recent parameter value calculated under (A) The inlet gas flow rate must meet reciprocating compressor rod packing paragraph (e)(2)(ii) of this section is the range specified by the manufacturer. replacement, whichever is later. either equal to or greater than the You must measure the flow rate as (2) You must submit the annual report minimum monitoring value or equal to specified in § 60.5417(d)(1)(viii)(A). as required in § 60.5420(b) and maintain or less than the maximum monitoring (B) A pilot flame must be present at records as required in § 60.5420(c)(3). value established under paragraph all times of operation. You must (3) You must replace the reciprocating (e)(2)(i) of this section. When monitor the pilot flame in accordance compressor rod packing before the total performance testing of a combustion with § 60.5417(d)(1)(viii)(B). number of hours of operation reaches control device is conducted by the (C) You must operate the combustion 26,000 hours or the number of months device manufacturer as specified in control device with no visible since the most recent rod packing § 60.5413(d), compliance with the emissions, except for periods not to replacement reaches 36 months. operating parameter limit is achieved exceed a total of 5 minutes during any (d) For each pneumatic controller when the inlet gas flow rate is equal to 2 consecutive hours. You must perform affected facility, you must demonstrate or less than the value established under a visible emissions test using Method 22 continuous compliance according to § 60.5413(d)(1)(ii). at 40 CFR part 60, appendix A–7 paragraphs (d)(1) through (3) of this (iv) You must operate the continuous monthly. The observation period must section. monitoring system required in § 60.5417 be 2 hours and must follow Method 22. (1) You must continuously operate the at all times the affected source is (D) Compliance with the operating pneumatic controllers as required in operating, except for periods of parameter limit is achieved when the § 60.5390(a), (b), or (c). monitoring system malfunctions, repairs criteria in paragraphs (e)(2)(vii)(D)(1) (2) You must submit the annual report associated with monitoring system through (5) are met. as required in § 60.5420(b). malfunctions, and required monitoring (1) The inlet gas flow rate monitored (3) You must maintain records as system quality assurance or quality under paragraph (e)(2)(vii)(A) of this required in § 60.5420(c)(4). control activities (including, as section is equal to or below the (e) For each storage vessel affected applicable, system accuracy audits and maximum established by the facility for which the VOC emissions are required zero and span adjustments). A manufacturer.

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(2) The pilot flame is present at all emission reduction as the TOC emission equipment, or a process to operate in a times; and reduction averaged over the number of normal or usual manner; and (3) During the visible emissions test days between the current day and the (B) Could not have been prevented performed under paragraph (e)(2)(vii)(C) applicable compliance date. You have through careful planning, proper design of this section, the duration of visible demonstrated compliance with the or better operation and maintenance emissions does not exceed a total of 5 overall 95.0 percent reduction practices; and minutes during the observation period. requirement, if the average TOC (C) Did not stem from any activity or Devices failing the visible emissions test emission reduction is equal to or greater event that could have been foreseen and must follow the requirements in than 95.0 percent. avoided, or planned for; and paragraphs (e)(2)(vii)(D)(4) and (5) of (E) If you have data for 365 days or (D) Was not part of a recurring pattern this section. more of operation, you have indicative of inadequate design, (4) Following the first failure, you demonstrated compliance with the TOC operation, or maintenance; and must replace the fuel nozzle(s) and emission reduction if the rolling 365- (ii) Repairs were made as burner tubes. day average TOC emission reduction expeditiously as possible when a (5) If, following replacement of the calculated in paragraph (e)(2)(viii)(D) of violation occurred. Off-shift and fuel nozzle(s) and burner tubes as this section is equal to or greater than overtime labor were used, to the extent specified in paragraph (e)(2)(vii)(D)(4) of 95.0 percent. practicable to make these repairs; and this section, the visible emissions test is (f) For affected facilities at onshore (iii) The frequency, amount and not passed in the next scheduled test, natural gas processing plants, duration of the violation (including any you must either conduct a performance continuous compliance with VOC bypass) were minimized to the test as specified in § 60.5413, or replace requirements is demonstrated if you are maximum extent practicable; and the device with another control device in compliance with the requirements of (iv) If the violation resulted from a whose model was tested and meets the § 60.5400. bypass of control equipment or a requirements in § 60.5413(d). (g) For each sweetening unit affected process, then the bypass was (viii) If you use a condenser as the facility at onshore natural gas unavoidable to prevent loss of life, control device to achieve the percent processing plants, you must personal injury, or severe property reduction performance requirements demonstrate continuous compliance damage; and specified in § 60.5412(a)(2), you must with the standards for SO2 specified in (v) All possible steps were taken to demonstrate compliance using the § 60.5405(b) according to paragraphs minimize the impact of the violation on procedures in paragraphs (e)(2)(viii)(A) (g)(1) and (2) of this section. ambient air quality, the environment through (E) of this section. (1) The minimum required SO2 and human health; and (A) You must establish a site-specific emission reduction efficiency (Zc) is (vi) All emissions monitoring and condenser performance curve according compared to the emission reduction control systems were kept in operation to § 60.5417(f)(2). efficiency (R) achieved by the sulfur if at all possible, consistent with safety (B) You must calculate the daily recovery technology. and good air pollution control practices; average condenser outlet temperature in (i) If R ≥ Zc, your affected facility is and accordance with § 60.5417(e). in compliance. (vii) All of the actions in response to (C) You must determine the (ii) If R < Zc, your affected facility is the violation were documented by condenser efficiency for the current not in compliance. properly signed, contemporaneous operating day using the daily average (2) The emission reduction efficiency operating logs; and condenser outlet temperature calculated (R) achieved by the sulfur reduction (viii) At all times, the affected source under paragraph (e)(2)(viii)(B) of this technology must be determined using was operated in a manner consistent section and the condenser performance the procedures in § 60.5406(c)(1). with good practices for minimizing curve established under paragraph (h) Affirmative defense for violations emissions; and (e)(2)(viii)(A) of this section. of emission standards during (ix) A written root cause analysis has (D) Except as provided in paragraphs malfunction. In response to an action to been prepared, the purpose of which is (e)(2)(viii)(D)(1) and (2) of this section, enforce the standards set forth in to determine, correct, and eliminate the at the end of each operating day, you §§ 60.5375, 60.5380, 60.5385, 60.5390, primary causes of the malfunction and must calculate the 365-day rolling 60.5395, 60.5400, and 60.5405, you may the violation resulting from the average TOC emission reduction, as assert an affirmative defense to a claim malfunction event at issue. The analysis appropriate, from the condenser for civil penalties for violations of such shall also specify, using best monitoring efficiencies as determined in paragraph standards that are caused by methods and engineering judgment, the (e)(2)(viii)(C) of this section. malfunction, as defined at § 60.2. amount of any emissions that were the (1) After the compliance dates Appropriate penalties may be assessed, result of the malfunction. specified in § 60.5370, if you have less however, if you fail to meet your burden (2) Report. The owner or operator than 120 days of data for determining of proving all of the requirements in the seeking to assert an affirmative defense average TOC emission reduction, you affirmative defense. The affirmative shall submit a written report to the must calculate the average TOC defense shall not be available for claims Administrator with all necessary emission reduction for the first 120 days for injunctive relief. supporting documentation, that it has of operation after the compliance dates. (1) To establish the affirmative met the requirements set forth in You have demonstrated compliance defense in any action to enforce such a paragraph (h)(1) of this section. This with the overall 95.0 percent reduction standard, you must timely meet the affirmative defense report shall be requirement if the 120-day average TOC reporting requirements in § 60.5420(a), included in the first periodic emission reduction is equal to or greater and must prove by a preponderance of compliance, deviation report or excess than 95.0 percent. evidence that: emission report otherwise required after (2) After 120 days and no more than (i) The violation: the initial occurrence of the violation of 364 days of operation after the (A) Was caused by a sudden, the relevant standard (which may be the compliance date specified in § 60.5370, infrequent, and unavoidable failure of end of any applicable averaging period). you must calculate the average TOC air pollution control equipment, process If such compliance, deviation report or

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excess emission report is due less than paragraphs (a)(2)(i) through (iii) of this secured in the non-diverting position 45 days after the initial occurrence of section. using a car-seal or a lock-and-key type the violation, the affirmative defense (i) Conduct an initial inspection configuration, visually inspect the seal report may be included in the second according to the test methods and or closure mechanism at least once compliance, deviation report or excess procedures specified in paragraph (b) of every month to verify that the valve is emission report due after the initial this section to demonstrate that the maintained in the non-diverting occurrence of the violation of the closed vent system operates with no position and the vent stream is not relevant standard. detectable emissions. You must diverted through the bypass device. You maintain records of the inspection must maintain records of the § 60.5416 What are the initial and results as specified in § 60.5420(c)(6). inspections according to § 60.5420(c)(8). continuous cover and closed vent system (ii) Conduct annual inspections (b) No detectable emissions test inspection and monitoring requirements for according to the test methods and my storage vessel and centrifugal methods and procedures. If you are compressor affected facility? procedures specified in paragraph (b) of required to conduct an inspection of a this section to demonstrate that the closed vent system or cover at your For each closed vent system or cover components or connections operate storage vessel or centrifugal compressor at your storage vessel or centrifugal with no detectable emissions. You must affected facility as specified in compressor affected facility, you must maintain records of the inspection paragraphs (a)(1), (2), or (3) of this comply with the requirements of results as specified in § 60.5420(c)(6). section, you must meet the requirements paragraphs (a) through (g) of this (iii) Conduct annual visual of paragraphs (b)(1) through (13) of this section. inspections for defects that could result section. (a) Inspections. Except as provided in in air emissions. Defects include, but are (1) You must conduct the no paragraphs (e) and (f) of this section, not limited to, visible cracks, holes, or detectable emissions test procedure in you must inspect each closed vent gaps in ductwork; loose connections; or accordance with Method 21 at 40 CFR system according to the procedures and broken or missing caps or other closure part 60, appendix A–7. schedule specified in paragraphs (a)(1) devices. You must maintain records of (2) The detection instrument must and (2) of this section, inspect each the inspection results as specified in meet the performance criteria of Method cover according to the procedures and § 60.5420(c)(6). 21 at 40 CFR part 60, appendix A–7, schedule specified in paragraph (a)(3) of (3) For each cover, you must meet the except that the instrument response this section, and inspect each bypass requirements in paragraphs (a)(3)(i) and factor criteria in section 3.1.2(a) of device according to the procedures of (ii) of this section. Method 21 must be for the average paragraph (a)(4) of this section. (i) Conduct visual inspections for composition of the fluid and not for (1) For each closed vent system joint, defects that could result in air each individual organic compound in seam, or other connection that is emissions. Defects include, but are not the stream. permanently or semi-permanently limited to, visible cracks, holes, or gaps (3) You must calibrate the detection sealed (e.g., a welded joint between two in the cover, or between the cover and instrument before use on each day of its sections of hard piping or a bolted and the separator wall; broken, cracked, or use by the procedures specified in gasketed ducting flange), you must meet otherwise damaged seals or gaskets on Method 21 at 40 CFR part 60, appendix the requirements specified in closure devices; and broken or missing A–7. paragraphs (a)(1)(i) and (ii) of this hatches, access covers, caps, or other (4) Calibration gases must be as section. closure devices. In the case where the specified in paragraphs (b)(4)(i) and (ii) (i) Conduct an initial inspection storage vessel is buried partially or of this section. according to the test methods and entirely underground, you must inspect (i) Zero air (less than 10 parts per procedures specified in paragraph (b) of only those portions of the cover that million by volume hydrocarbon in air). (ii) A mixture of methane in air at a this section to demonstrate that the extend to or above the ground surface, concentration less than 10,000 parts per closed vent system operates with no and those connections that are on such million by volume. detectable emissions. You must portions of the cover (e.g., fill ports, access hatches, gauge wells, etc.) and (5) You may choose to adjust or not maintain records of the inspection adjust the detection instrument readings results as specified in § 60.5420(c)(6). can be opened to the atmosphere. (ii) You must initially conduct the to account for the background organic (ii) Conduct annual visual inspections inspections specified in paragraph concentration level. If you choose to for defects that could result in air (a)(3)(i) of this section following the adjust the instrument readings for the emissions. Defects include, but are not installation of the cover. Thereafter, you background level, you must determine limited to, visible cracks, holes, or gaps must perform the inspection at least the background level value according to in piping; loose connections; or broken once every calendar year, except as the procedures in Method 21 at 40 CFR or missing caps or other closure devices. provided in paragraphs (e) and (f) of this part 60, appendix A–7. You must monitor a component or section. You must maintain records of (6) Your detection instrument must connection using the test methods and the inspection results as specified in meet the performance criteria specified procedures in paragraph (b) of this § 60.5420(c)(7). in paragraphs (b)(6)(i) and (ii) of this section to demonstrate that it operates (4) For each bypass device, except as section. with no detectable emissions following provided for in § 60.5411, you must (i) Except as provided in paragraph any time the component is repaired or meet the requirements of paragraphs (b)(6)(ii) of this section, the detection replaced or the connection is unsealed. (a)(4)(i) or (ii) of this section. instrument must meet the performance You must maintain records of the (i) Set the flow indicator to take a criteria of Method 21 at 40 CFR part 60, inspection results as specified in reading at least once every 15 minutes appendix A–7, except the instrument § 60.5420(c)(6). at the inlet to the bypass device that response factor criteria in section (2) For closed vent system could divert the steam away from the 3.1.2(a) of Method 21 must be for the components other than those specified control device to the atmosphere. average composition of the process in paragraph (a)(1) of this section, you (ii) If the bypass device valve installed fluid, not each individual volatile must meet the requirements of at the inlet to the bypass device is organic compound in the stream. For

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process streams that contain nitrogen, repair of such equipment by the end of primary fuel or is used as the primary air, or other inerts that are not organic the next shutdown. fuel. hazardous air pollutants or volatile (11) Unsafe to inspect requirements. (2) A boiler or process heater with a organic compounds, you must calculate You may designate any parts of the design heat input capacity equal to or the average stream response factor on an closed vent system or cover as unsafe to greater than 44 megawatts. inert-free basis. inspect if the requirements in (c) You must design and operate the (ii) If no instrument is available that paragraphs (e)(1) and (2) of this section continuous monitoring system so that a will meet the performance criteria are met. Unsafe to inspect parts are determination can be made on whether specified in paragraph (b)(6)(i) of this exempt from the inspection the control device is achieving the section, you may adjust the instrument requirements of paragraphs (a)(1) applicable performance requirements of readings by multiplying by the average through (3) of this section. § 60.5412. For each continuous response factor of the process fluid, (A) You determine that the equipment parameter monitoring system, you must calculated on an inert-free basis, as is unsafe to inspect because inspecting meet the specifications and described in paragraph (b)(6)(i) of this personnel would be exposed to an requirements in paragraphs (c)(1) section. imminent or potential danger as a through (4) of this section. (7) You must determine if a potential consequence of complying with (1) Each continuous parameter leak interface operates with no paragraphs (a)(1), (2), or (3) of this monitoring system must measure data detectable emissions using the section. values at least once every hour and (B) You have a written plan that applicable procedure specified in record the parameters in paragraphs requires inspection of the equipment as paragraph (b)(7)(i) or (ii) of this section. (c)(1)(i) or (ii) of this section. frequently as practicable during safe-to- (i) If you choose not to adjust the (i) Each measured data value. detection instrument readings for the inspect times. (12) Difficult to inspect requirements. (ii) Each block average value for each background organic concentration level, 1-hour period or shorter periods then you must directly compare the You may designate any parts of the closed vent system or cover as difficult calculated from all measured data maximum organic concentration value values during each period. If values are measured by the detection instrument to to inspect, if the requirements in paragraphs (b)(12)(i) and (ii) of this measured more frequently than once per the applicable value for the potential minute, a single value for each minute leak interface as specified in paragraph section are met. Difficult to inspect parts are exempt from the inspection may be used to calculate the hourly (or (b)(8) of this section. shorter period) block average instead of (ii) If you choose to adjust the requirements of paragraphs (a)(1) all measured values. detection instrument readings for the through (3) of this section. (2) You must prepare a site-specific background organic concentration level, (i) You determine that the equipment monitoring plan that addresses the you must compare the value of the cannot be inspected without elevating monitoring system design, data arithmetic difference between the the inspecting personnel more than 2 collection, and the quality assurance maximum organic concentration value meters above a support surface. and quality control elements outlined in measured by the instrument and the (ii) You have a written plan that paragraphs (c)(2)(i) through (v) of this background organic concentration value requires inspection of the equipment at section. You must install, calibrate, as determined in paragraph (b)(5) of this least once every 5 years. (13) Records. Records shall be operate, and maintain each continuous section with the applicable value for the maintained as specified in this section parameter monitoring system in potential leak interface as specified in and in § 60.5420(c)(9). accordance with the procedures in your paragraph (b)(8) of this section. approved site-specific monitoring plan. (8) A potential leak interface is § 60.5417 What are the continuous control determined to operate with no device monitoring requirements for my (i) The performance criteria and detectable organic emissions if the storage vessel or centrifugal compressor design specifications for the monitoring organic concentration value determined affected facility? system equipment, including the sample in paragraph (b)(7) of this section is less You must meet the applicable interface, detector signal analyzer, and than 500 parts per million by volume. requirements of this section to data acquisition and calculations. (9) Repairs. In the event that a leak or demonstrate continuous compliance for (ii) Sampling interface (e.g., defect is detected, you must repair the each control device used to meet thermocouple) location such that the leak or defect as soon as practicable emission standards for your storage monitoring system will provide according to the requirements of vessel or centrifugal compressor affected representative measurements. paragraphs (b)(9)(i) and (ii) of this facility. (iii) Equipment performance checks, section, except as provided in paragraph (a) You must install and operate a system accuracy audits, or other audit (d) of this section. continuous parameter monitoring procedures. (i) A first attempt at repair must be system for each control device as (iv) Ongoing operation and made no later than 5 calendar days after specified in paragraphs (c) through (j) of maintenance procedures in accordance the leak is detected. this section, except as provided for in with provisions in § 60.13(b). (ii) Repair must be completed no later paragraph (b) of this section. If you (v) Ongoing reporting and than 15 calendar days after the leak is install and operate a flare in accordance recordkeeping procedures in accordance detected. with § 60.5412(a)(3), you are exempt with provisions in § 60.7(c), (d), and (f). (10) Delay of repair. Delay of repair of from the requirements of paragraphs (e) (3) You must conduct the continuous a closed vent system or cover for which and (f) of this section. parameter monitoring system equipment leaks or defects have been detected is (b) You are exempt from the performance checks, system accuracy allowed if the repair is technically monitoring requirements specified in audits, or other audit procedures infeasible without a shutdown, or if you paragraphs (c) through (j) of this section specified in the site-specific monitoring determine that emissions resulting from for the control devices listed in plan at least once every 12 months. immediate repair would be greater than paragraphs (b)(1) and (2) of this section. (4) You must conduct a performance the fugitive emissions likely to result (1) A boiler or process heater in which evaluation of each continuous from delay of repair. You must complete all vent streams are introduced with the parameter monitoring system in

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accordance with the site-specific (vi) For a regenerative-type carbon monitor must meet the requirements of monitoring plan. adsorption system, a continuous Performance Specification 8 or 9 of 40 (d) You must install, calibrate, monitoring system that meets the CFR part 60, appendix B. You must operate, and maintain a device specifications in paragraphs (d)(1)(vi)(A) install, calibrate, and maintain the equipped with a continuous recorder to and (B) of this section. monitor according to the manufacturer’s measure the values of operating (A) The continuous parameter specifications. parameters appropriate for the control monitoring system must measure and (3) A continuous monitoring system device as specified in either paragraph record the average total regeneration that measures operating parameters (d)(1), (2), or (3) of this section. stream mass flow or volumetric flow other than those specified in paragraph (1) A continuous monitoring system during each carbon bed regeneration (d)(1) or (2) of this section, upon that measures the operating parameters cycle. The flow sensor must have a approval of the Administrator as in paragraphs (d)(1)(i) through (viii) of measurement sensitivity of 5 percent of specified in § 60.13(i). this section, as applicable. the flow rate or 10 cubic feet per (e) You must calculate the daily (i) For a thermal vapor incinerator minute, whichever is greater. You must average value for each monitored that demonstrates during the check the mechanical connections for operating parameter for each operating performance test conducted under leakage at least every month, and you day, using the data recorded by the § 60.5413 that combustion zone must perform a visual inspection at least monitoring system, except for inlet gas temperature is an accurate indicator of every 3 months of all components of the flow rate. If the emissions unit operation performance, a temperature monitoring flow continuous parameter monitoring is continuous, the operating day is a 24- device equipped with a continuous system for physical and operational hour period. If the emissions unit recorder. The monitoring device must integrity and all electrical connections operation is not continuous, the operating day is the total number of have a minimum accuracy of ±1 percent for oxidation and galvanic corrosion if hours of control device operation per of the temperature being monitored in your flow continuous parameter 24-hour period. Valid data points must °C, or ±2.5 °C, whichever value is monitoring system is not equipped with be available for 75 percent of the greater. You must install the a redundant flow sensor; and (B) The continuous parameter operating hours in an operating day to temperature sensor at a location monitoring system must measure and compute the daily average. representative of the combustion zone record the average carbon bed (f) For each operating parameter temperature. temperature for the duration of the monitor installed in accordance with (ii) For a catalytic vapor incinerator, carbon bed steaming cycle and measure the requirements of paragraph (d) of this a temperature monitoring device the actual carbon bed temperature after section, you must comply with equipped with a continuous recorder. regeneration and within 15 minutes of paragraph (f)(1) of this section for all The device must be capable of completing the cooling cycle. The control devices. When condensers are monitoring temperature at two locations temperature monitoring device must installed, you must also comply with and have a minimum accuracy of ±1 have a minimum accuracy of ±1 percent paragraph (f)(2) of this section. percent of the temperature being of the temperature being monitored in (1) You must establish a minimum monitored in °C, or ±2.5 °C, whichever °C, or ±2.5 °C, whichever value is operating parameter value or a value is greater. You must install one greater. maximum operating parameter value, as temperature sensor in the vent stream at (vii) For a nonregenerative-type appropriate for the control device, to the nearest feasible point to the catalyst carbon adsorption system, you must define the conditions at which the bed inlet, and you must install a second monitor the design carbon replacement control device must be operated to temperature sensor in the vent stream at interval established using a performance continuously achieve the applicable the nearest feasible point to the catalyst test performed as specified in performance requirements of bed outlet. § 60.5413(b). The design carbon § 60.5412(a). You must establish each (iii) For a flare, a heat sensing replacement interval must be based on minimum or maximum operating monitoring device equipped with a the total carbon working capacity of the parameter value as specified in continuous recorder that indicates the control device and source operating paragraphs (f)(1)(i) through (iii) of this continuous ignition of the pilot flame. schedule. section. (iv) For a boiler or process heater, a (viii) For a combustion control device (i) If you conduct performance tests in temperature monitoring device whose model is tested under accordance with the requirements of equipped with a continuous recorder. § 60.5413(d), a continuous monitoring § 60.5413(b) to demonstrate that the The temperature monitoring device system meeting the requirements of control device achieves the applicable ± must have a minimum accuracy of 1 paragraphs (d)(1)(viii)(A) and (B) of this performance requirements specified in percent of the temperature being section. § 60.5412(a), then you must establish monitored in °C, or ±2.5 °C, whichever (A) The continuous monitoring the minimum operating parameter value value is greater. You must install the system must measure gas flow rate at or the maximum operating parameter temperature sensor at a location the inlet to the control device. The value based on values measured during representative of the combustion zone monitoring instrument must have an the performance test and supplemented, temperature. accuracy of ±2 percent or better. as necessary, by a condenser design (v) For a condenser, a temperature (B) A heat sensing monitoring device analysis or control device manufacturer monitoring device equipped with a equipped with a continuous recorder recommendations or a combination of continuous recorder. The temperature that indicates the continuous ignition of both. monitoring device must have a the pilot flame. (ii) If you use a condenser design minimum accuracy of ±1 percent of the (2) A continuous monitoring system analysis in accordance with the temperature being monitored in °C, or that measures the concentration level of requirements of § 60.5413(c) to ±2.8 °C, whichever value is greater. You organic compounds in the exhaust vent demonstrate that the control device must install the temperature sensor at a stream from the control device using an achieves the applicable performance location in the exhaust vent stream from organic monitoring device equipped requirements specified in § 60.5412(a), the condenser. with a continuous recorder. The then you must establish the minimum

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operating parameter value or the applicable, greater than the maximum notification to the Administrator no maximum operating parameter value operating parameter limit) established later than 2 days prior to the based on the condenser design analysis in paragraph (f)(1) of this section. commencement of each well completion and supplemented, as necessary, by the (2) If you meet § 60.5412(a)(2), a operation listing the anticipated date of condenser manufacturer’s deviation occurs when the 365-day the well completion operation. The recommendations. average condenser efficiency calculated notification shall include contact (iii) If you operate a control device according to the requirements specified information for the owner or operator; where the performance test requirement in § 60.5415(e)(8)(iv) is less than 95.0 the API well number, the latitude and was met under § 60.5413(d) to percent. longitude coordinates for each well in demonstrate that the control device (3) If you meet § 60.5412(a)(2) and you decimal degrees to an accuracy and achieves the applicable performance have less than 365 days of data, a precision of five (5) decimals of a degree requirements specified in § 60.5412(a), deviation occurs when the average using the North American Datum of then you must establish the maximum condenser efficiency calculated 1983; and the planned date of the inlet gas flow rate based on the according to the procedures specified in beginning of flowback. You may submit performance test and supplemented, as § 60.5415(e)(8)(iv)(A) or (B) is less than the notification in writing or in necessary, by the manufacturer 90.0 percent. electronic format. recommendations. (4) A deviation occurs when the (ii) If you are subject to state (2) If you use a condenser as specified monitoring data are not available for at regulations that require advance in paragraph (d)(1)(v) of this section, least 75 percent of the operating hours notification of well completions and you must establish a condenser in a day. you have met those notification (5) If the closed vent system contains performance curve showing the requirements, then you are considered one or more bypass devices that could relationship between condenser outlet to have met the advance notification be used to divert all or a portion of the temperature and condenser control requirements of paragraph (a)(2)(i) of gases, vapors, or fumes from entering efficiency, according to the this section. requirements of paragraphs (f)(2)(i) and the control device, a deviation occurs when the requirements of paragraphs (b) Reporting requirements. You must (ii) of this section. submit annual reports containing the (i) If you conduct a performance test (g)(5)(i) and (ii) of this section are met. information specified in paragraphs in accordance with the requirements of (i) For each bypass line subject to (b)(1) through (6) of this section to the § 60.5413(b) to demonstrate that the § 60.5411(a)(3)(i)(A), the flow indicator condenser achieves the applicable indicates that flow has been detected Administrator and performance test performance requirements in and that the stream has been diverted reports as specified in paragraph (b)(7) § 60.5412(a), then the condenser away from the control device to the of this section. The initial annual report performance curve must be based on atmosphere. is due 30 days after the end of the initial values measured during the (ii) For each bypass line subject to compliance period as determined performance test and supplemented as § 60.5411(a)(3)(i)(B), if the seal or according to § 60.5410. Subsequent necessary by control device design closure mechanism has been broken, the annual reports are due on the same date analysis, or control device bypass line valve position has changed, each year as the initial annual report. If manufacturer’s recommendations, or a the key for the lock-and-key type lock you own or operate more than one combination or both. has been checked out, or the car-seal has affected facility, you may submit one (ii) If you use a control device design broken. report for multiple affected facilities analysis in accordance with the (6) For a combustion control device provided the report contains all of the requirements of § 60.5413(c)(1) to whose model is tested under information required as specified in demonstrate that the condenser achieves § 60.5413(d), a deviation occurs when paragraphs (b)(1) through (6) of this the applicable performance the conditions of paragraphs (g)(6)(i) or section. Annual reports may coincide requirements specified in § 60.5412(a), (ii) are met. with title V reports as long as all the then the condenser performance curve (i) The inlet gas flow rate exceeds the required elements of the annual report must be based on the condenser design maximum established during the test are included. You may arrange with the analysis and supplemented, as conducted under § 60.5413(d). Administrator a common schedule on (ii) Failure of the monthly visible necessary, by the control device which reports required by this part may emissions test conducted under manufacturer’s recommendations. be submitted as long as the schedule (g) A deviation for a given control § 60.5415(e)(7)(iii) occurs. does not extend the reporting period. device is determined to have occurred § 60.5420 What are my notification, (1) The general information specified when the monitoring data or lack of reporting, and recordkeeping in paragraphs (b)(1)(i) through (iv) of monitoring data result in any one of the requirements? this section. criteria specified in paragraphs (g)(1) (a) You must submit the notifications (i) The company name and address of through (g)(6) of this section being met. required in § 60.7(a)(1) and (4), and the affected facility. If you monitor multiple operating according to paragraphs (a)(1) and (2) of (ii) An identification of each affected parameters for the same control device this section, if you own or operate one facility being included in the annual during the same operating day and more or more of the affected facilities report. than one of these operating parameters specified in § 60.5365 that was (iii) Beginning and ending dates of the meets a deviation criterion specified in constructed, modified, or reconstructed reporting period. paragraphs (g)(1) through (6) of this during the reporting period. (iv) A certification by a responsible section, then a single excursion is (1) If you own or operate a gas well, official of truth, accuracy, and determined to have occurred for the pneumatic controller or storage vessel completeness. This certification shall control device for that operating day. affected facility you are not required to state that, based on information and (1) A deviation occurs when the daily submit the notifications required in belief formed after reasonable inquiry, average value of a monitored operating § 60.7(a)(1), (3), and (4). the statements and information in the parameter is less than the minimum (2)(i) If you own or operate a gas well document are true, accurate, and operating parameter limit (or, if affected facility, you must submit a complete.

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(2) For each gas well affected facility, (6) For each storage vessel affected subject to paragraph (a)(2)(i) and (ii) of the information in paragraphs (b)(2)(i) facility, the information in paragraphs this section in paper format. through (ii) of this section. (b)(6)(i) through (iii) of this section. (c) Recordkeeping requirements. You (i) Records of each well completion (i) An identification of each storage must maintain the records identified as operation as specified in paragraph vessel with VOC emissions greater than specified in § 60.7(f) and in paragraphs (c)(1)(i) through (iv) of this section for 6 tpy constructed, modified or (c)(1) through (10) of this section. All each gas well affected facility conducted reconstructed during the reporting records must be maintained for at least during the reporting period. In lieu of period. 5 years. submitting the records specified in (ii) Documentation that the VOC (1) The records for each gas well paragraph (c)(1)(i) through (iv), the emission rate is less than 6 tpy for affected facility as specified in owner or operator may submit a list of meeting the requirements in paragraphs (c)(1)(i) through (v) of this the well completions with hydraulic § 60.5395(a). section. fracturing completed during the (iii) Records of deviations specified in (i) Records identifying each well reporting period and the records paragraph (c)(5)(iii) of this section that completion operation for each gas well occurred during the reporting period. required by paragraph (c)(1)(v) of this affected facility; (7)(i) Within 60 days after the date of section for each well completion. (ii) Records of deviations in cases completing each performance test (see where well completion operations with (ii) Records of deviations specified in § 60.8 of this part) as required by this hydraulic fracturing were not performed paragraph (c)(1)(ii) of this section that subpart you must submit the results of in compliance with the requirements occurred during the reporting period. the performance tests required by this specified in § 60.5375. (3) For each centrifugal compressor subpart to EPA’s WebFIRE database by (iii) Records required in § 60.5375(b) affected facility, the information using the Compliance and Emissions or (f) for each well completion operation specified in paragraphs (b)(3)(i) and (ii) Data Reporting Interface (CEDRI) that is conducted for each gas well affected of this section. accessed through EPA’s Central Data facility that occurred during the (i) An identification of each Exchange (CDX) (www.epa.gov/cdx). reporting period. You must maintain the centrifugal compressor using a wet seal Performance test data must be submitted records specified in paragraphs system constructed, modified or in the file format generated through use (c)(1)(iii)(A) and (B) of this section. reconstructed during the reporting of EPA’s Electronic Reporting Tool (A) For each gas well affected facility period. (ERT) (see http://www.epa.gov/ttn/chief/ required to comply with the (ii) Records of deviations specified in ert/index.html). Only data collected requirements of § 60.5375(a), you must paragraph (c)(2) of this section that using test methods on the ERT Web site record: The location of the well; the API occurred during the reporting period. are subject to this requirement for well number; the duration of flowback; (iii) If required to comply with submitting reports electronically to duration of recovery to the flow line; § 60.5380(a)(1), the records of closed WebFIRE. Owners or operators who duration of combustion; duration of vent system and cover inspections claim that some of the information being venting; and specific reasons for venting specified in paragraph (c)(6) of this submitted for performance tests is in lieu of capture or combustion. The section. confidential business information (CBI) duration must be specified in hours of (4) For each reciprocating compressor must submit a complete ERT file time. affected facility, the information including information claimed to be CBI (B) For each gas well affected facility specified in paragraphs (b)(4)(i) through on a compact disk or other commonly required to comply with the (ii) of this section. used electronic storage media requirements of § 60.5375(f), you must (i) The cumulative number of hours or (including, but not limited to, flash maintain the records specified in drives) to EPA. The electronic media operation or the number of months paragraph (c)(1)(iii)(A) of this section must be clearly marked as CBI and since initial startup, October 15, 2012, except that you do not have to record mailed to U.S. EPA/OAPQS/CORE CBI or since the previous reciprocating the duration of recovery to the flow line. Office, Attention: WebFIRE compressor rod packing replacement, (iv) For each gas well facility for Administrator, MD C404–02, 4930 Old whichever is later. which you claim an exception under Page Rd., Durham, NC 27703. The same (ii) Records of deviations specified in § 60.5375(a)(3), you must record: The ERT file with the CBI omitted must be location of the well; the API well paragraph (c)(3)(iii) of this section that submitted to EPA via CDX as described occurred during the reporting period. number; the specific exception claimed; earlier in this paragraph. At the the starting date and ending date for the (5) For each pneumatic controller discretion of the delegated authority, period the well operated under the affected facility, the information you must also submit these reports, exception; and an explanation of why specified in paragraphs (b)(5)(i) through including the confidential business the well meets the claimed exception. (v) of this section. information, to the delegated authority (v) For each gas well affected facility (i) An identification of each in the format specified by the delegated required to comply with both pneumatic controller constructed, authority. § 60.5375(a)(1) and (3), records of the modified or reconstructed during the (ii) All reports required by this digital photograph as specified in reporting period, including the subpart not subject to the requirements § 60.5410(a)(4). identification information specified in in paragraph (a)(2)(i) of this section (2) For each centrifugal compressor § 60.5390(c)(2). must be sent to the Administrator at the affected facility, you must maintain (ii) If applicable, documentation that appropriate address listed in § 63.13 of records of deviations in cases where the the use of pneumatic controller affected this part. The Administrator or the centrifugal compressor was not operated facilities with a natural gas bleed rate delegated authority may request a report in compliance with the requirements greater than 6 standard cubic feet per in any form suitable for the specific case specified in § 60.5380. hour are required and the reasons why. (e.g., by commonly used electronic (3) For each reciprocating (iii) Records of deviations specified in media such as Excel spreadsheet, on CD compressors affected facility, you must paragraph (c)(4)(v) of this section that or hard copy). The Administrator retains maintain the records in paragraphs occurred during the reporting period. the right to require submittal of reports (c)(3)(i) through (iii) of this section.

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(i) Records of the cumulative number vessel is removed from a site and, (2) When each leak is detected as of hours of operation or number of within 30 days, is either returned to or specified in § 60.5401(b)(2), the months since initial startup or October replaced by another vessel at the site to following information must be recorded 15, 2012, or the previous replacement of serve the same or similar function, then in a log and shall be kept for 2 years in the reciprocating compressor rod the entire period since the original a readily accessible location: packing, whichever is later. vessel was first located at the site, (i) The instrument and operator (ii) Records of the date and time of including the days when the storage identification numbers and the each reciprocating compressor rod vessel was removed, will be added to equipment identification number. packing replacement. the count towards the number of (ii) The date the leak was detected (iii) Records of deviations in cases consecutive days. and the dates of each attempt to repair where the reciprocating compressor was (6) For each storage vessel or the leak. not operated in compliance with the centrifugal compressor subject to the (iii) Repair methods applied in each requirements specified in § 60.5385. closed vent system inspection attempt to repair the leak. (4) For each pneumatic controller requirements of § 60.5416(a)(1) and (2), (iv) ‘‘Above 500 ppm’’ if the affected facility, you must maintain the records of each inspection. maximum instrument reading measured records identified in paragraphs (c)(4)(i) (7) For each storage vessel or by the methods specified in paragraph through (v) of this section. centrifugal compressor subject to the (a) of this section after each repair (i) Records of the date, location and cover requirements of § 60.5416(a)(3), a attempt is 500 ppm or greater. manufacturer specifications for each record of each inspection. (v) ‘‘Repair delayed’’ and the reason pneumatic controller constructed, (8) For each storage vessel or for the delay if a leak is not repaired modified or reconstructed. centrifugal compressor subject to the within 15 calendar days after discovery (ii) Records of the demonstration that bypass requirements of § 60.5416(a)(4), a of the leak. the use of pneumatic controller affected record of each inspection or a record (vi) The signature of the owner or facilities with a natural gas bleed rate each time the key is checked out or a operator (or designate) whose decision it greater than 6 standard cubic feet per record of each time the alarm is was that repair could not be effected hour are required and the reasons why. sounded. without a process shutdown. (iii) If the pneumatic controller is not (9) For each closed vent system used (vii) The expected date of successful located at a natural gas processing plant, to comply with this subpart that must repair of the leak if a leak is not repaired records of the manufacturer’s operate with no detectable emissions, a within 15 days. specifications indicating that the record of the monitoring conducted in (viii) Dates of process unit shutdowns controller is designed such that natural accordance with § 60.5416(b)(13). that occur while the equipment is (10) Records of the schedule for gas bleed rate is less than or equal to 6 unrepaired. carbon replacement (as determined by standard cubic feet per hour. (ix) The date of successful repair of the design analysis requirements of (iv) If the pneumatic controller is the leak. § 60.5413(c)(2) or (3)) and records of located at a natural gas processing plant, (x) A list of identification numbers for each carbon replacement as specified in records of the documentation that the equipment that are designated for no § 60.5412(c)(1). natural gas bleed rate is zero. detectable emissions under the (v) Records of deviations in cases (11) For each storage vessel or centrifugal compressor subject to the provisions of § 60.482–4a(a). The where the pneumatic controller was not designation of equipment subject to the operated in compliance with the control device requirements of § 60.5412, records of minimum and provisions of § 60.482–4a(a) must be requirements specified in § 60.5390. signed by the owner or operator. (5) For each storage vessel affected maximum operating parameter values, facility, you must maintain the records continuous parameter monitoring § 60.5422 What are my additional reporting identified in paragraphs (c)(5)(i) through system data, calculated averages of requirements for my affected facility subject (iv) of this section. continuous parameter monitoring to VOC requirements for onshore natural (i) If required to reduce emissions by system data, results of all compliance gas processing plants? complying with § 60.5395, the records calculations, and results of all (a) You must comply with the specified in § 60.5416 of this subpart. inspections. requirements of paragraphs (b) and (c) of (ii) Records of the determination that § 60.5421 What are my additional this section in addition to the the VOC emission rate is less than 6 tpy recordkeeping requirements for my affected requirements of § 60.487a(a), (b), (c)(2)(i) per storage vessel for the exemption facility subject to VOC requirements for through (iv), and (c)(2)(vii) through under § 60.5395(a), including onshore natural gas processing plants? (viii). identification of the model or (a) You must comply with the (b) An owner or operator must calculation methodology used to requirements of paragraph (b) of this include the following information in the calculate the VOC emission rate. section in addition to the requirements initial semiannual report in addition to (iii) Records of deviations in cases of § 60.486a. the information required in where the storage vessel was not (b) The following recordkeeping § 60.487a(b)(1) through (4): Number of operated in compliance with the requirements apply to pressure relief pressure relief devices subject to the requirements specified in §§ 60.5395, devices subject to the requirements of requirements of § 60.5401(b) except for 60.5411, 60.5412, and 60.5413. § 60.5401(b)(1) of this subpart. those pressure relief devices designated (iv) For vessels that are skid-mounted (1) When each leak is detected as for no detectable emissions under the or permanently attached to something specified in § 60.5401(b)(2), a provisions of § 60.482–4a(a) and those that is mobile (such as trucks, railcars, weatherproof and readily visible pressure relief devices complying with barges or ships), records indicating the identification, marked with the § 60.482–4a(c). number of consecutive days that the equipment identification number, must (c) An owner or operator must include vessel is located at a site in the oil and be attached to the leaking equipment. the following information in all natural gas production segment, natural The identification on the pressure relief semiannual reports in addition to the gas processing segment or natural gas device may be removed after it has been information required in transmission and storage segment. If a repaired. § 60.487a(c)(2)(i) through (vi):

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(1) Number of pressure relief devices that they comply with the requirements the process control device (e.g., level for which leaks were detected as established by the state. control, temperature control, pressure required in § 60.5401(b)(2); and control) where the supply gas pressure § 60.5425 What part of the General is modulated by the process condition, (2) Number of pressure relief devices Provisions apply to me? for which leaks were not repaired as and then flows to the valve controller Table 3 to this subpart shows which required in § 60.5401(b)(3). where the signal is compared with the parts of the General Provisions in process set-point to adjust gas pressure § 60.5423 What additional recordkeeping §§ 60.1 through 60.19 apply to you. in the valve actuator. and reporting requirements apply to my § 60.5430 What definitions apply to this Custody transfer means the transfer of sweetening unit affected facilities at natural gas after processing and/or onshore natural gas processing plants? subpart? As used in this subpart, all terms not treatment in the producing operations, (a) You must retain records of the defined herein shall have the meaning or from storage vessels or automatic calculations and measurements required given them in the Act, in subpart A or transfer facilities or other such in § 60.5405(a) and (b) and § 60.5407(a) subpart VVa of part 60; and the equipment, including product loading through (g) for at least 2 years following following terms shall have the specific racks, to pipelines or any other forms of the date of the measurements. This meanings given them. transportation. requirement is included under § 60.7(d) Acid gas means a gas stream of Dehydrator means a device in which of the General Provisions. hydrogen sulfide (H2S) and carbon an absorbent directly contacts a natural (b) You must submit a report of excess dioxide (CO2) that has been separated gas stream and absorbs water in a emissions to the Administrator in your from sour natural gas by a sweetening contact tower or absorption column annual report if you had excess unit. (absorber). emissions during the reporting period. Affirmative defense means, in the Deviation means any instance in For the purpose of these reports, excess context of an enforcement proceeding, a which an affected source subject to this emissions are defined as: response or defense put forward by a subpart, or an owner or operator of such (1) Any 24-hour period (at consistent defendant, regarding which the a source: intervals) during which the average defendant has the burden of proof, and (1) Fails to meet any requirement or sulfur emission reduction efficiency (R) the merits of which are independently obligation established by this subpart is less than the minimum required and objectively evaluated in a judicial including, but not limited to, any efficiency (Z). or administrative proceeding. emission limit, operating limit, or work (2) For any affected facility electing to Alaskan North Slope means the practice standard; comply with the provisions of approximately 69,000 square-mile area (2) Fails to meet any term or condition § 60.5407(b)(2), any 24-hour period extending from the Brooks Range to the that is adopted to implement an during which the average temperature of Arctic Ocean. applicable requirement in this subpart the gases leaving the combustion zone API Gravity means the weight per unit and that is included in the operating of an incinerator is less than the volume of hydrocarbon liquids as permit for any affected source required appropriate operating temperature as measured by a system recommended by to obtain such a permit; or determined during the most recent the American Petroleum Institute (API) (3) Fails to meet any emission limit, performance test in accordance with the and is expressed in degrees. operating limit, or work practice provisions of § 60.5407(b)(2). Each 24- Bleed rate means the rate in standard standard in this subpart during startup, hour period must consist of at least 96 cubic feet per hour at which natural gas shutdown, or malfunction, regardless of temperature measurements equally is continuously vented (bleeds) from a whether or not such failure is permitted spaced over the 24 hours. pneumatic controller. by this subpart. Centrifugal compressor means any Delineation well means a well drilled (c) To certify that a facility is exempt machine for raising the pressure of a in order to determine the boundary of a from the control requirements of these natural gas by drawing in low pressure field or producing reservoir. standards, for each facility with a design natural gas and discharging significantly Equipment means each pump, capacity less that 2 LT/D of H S in the 2 higher pressure natural gas by means of pressure relief device, open-ended valve acid gas (expressed as sulfur) you must mechanical rotating vanes or impellers. or line, valve, and flange or other keep, for the life of the facility, an Screw, sliding vane, and liquid ring connector that is in VOC service or in analysis demonstrating that the facility’s compressors are not centrifugal wet gas service, and any device or design capacity is less than 2 LT/D of compressors for the purposes of this system required by this subpart. H S expressed as sulfur. 2 subpart. Field gas means feedstock gas (d) If you elect to comply with City gate means the delivery point at entering the natural gas processing § 60.5407(e) you must keep, for the life which natural gas is transferred from a plant. of the facility, a record demonstrating transmission pipeline to the local gas Field gas gathering means the system that the facility’s design capacity is less utility. used transport field gas from a field to than 150 LT/D of H2S expressed as Completion combustion device means the main pipeline in the area. sulfur. any ignition device, installed Flare means a thermal oxidation (e) The requirements of paragraph (b) horizontally or vertically, used in system using an open (without of this section remain in force until and exploration and production operations enclosure) flame. Completion unless the EPA, in delegating to combust otherwise vented emissions combustion devices as defined in this enforcement authority to a state under from completions. section are not considered flares. section 111(c) of the Act, approves Compressor station means any Flow line means a pipeline used to reporting requirements or an alternative permanent combination of one or more transport oil and/or gas from the well to means of compliance surveillance compressors that move natural gas at a processing facility, a mainline adopted by such state. In that event, increased pressure from fields, in pipeline, re-injection, or other useful affected sources within the state will be transmission pipelines, or into storage. purpose. relieved of obligation to comply with Continuous bleed means a continuous Flowback means the process of paragraph (b) of this section, provided flow of pneumatic supply natural gas to allowing fluids to flow from a natural

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gas well following a treatment, either in Natural gas-driven pneumatic pressure of a process gas by positive preparation for a subsequent phase of controller means a pneumatic controller displacement, employing linear treatment or in preparation for cleanup powered by pressurized natural gas. movement of the driveshaft. and returning the well to production. Natural gas liquids means the Reciprocating compressor rod packing The flowback period begins when hydrocarbons, such as ethane, propane, means a series of flexible rings in material introduced into the well during butane, and pentane that are extracted machined metal cups that fit around the the treatment returns to the surface from field gas. reciprocating compressor piston rod to immediately following hydraulic Natural gas processing plant (gas create a seal limiting the amount of fracturing or refracturing. The flowback plant) means any processing site compressed natural gas that escapes to period ends with either well shut in or engaged in the extraction of natural gas the atmosphere. when the well is producing liquids from field gas, fractionation of Reduced emissions completion means continuously to the flow line or to a mixed natural gas liquids to natural gas a well completion following fracturing storage vessel for collection, whichever products, or both. A Joule-Thompson or refracturing where gas flowback that occurs first. valve, a dew point depression valve, or is otherwise vented is captured, Gas processing plant process unit an isolated or standalone Joule- cleaned, and routed to the flow line or means equipment assembled for the Thompson skid is not a natural gas collection system, re-injected into the extraction of natural gas liquids from processing plant. well or another well, used as an on-site field gas, the fractionation of the liquids Natural gas transmission means the fuel source, or used for other useful into natural gas products, or other pipelines used for the long distance purpose that a purchased fuel or raw operations associated with the transport of natural gas (excluding material would serve, with no direct processing of natural gas products. A processing). Specific equipment used in release to the atmosphere. process unit can operate independently natural gas transmission includes the Reduced sulfur compounds means land, mains, valves, meters, boosters, if supplied with sufficient feed or raw H2S, carbonyl sulfide (COS), and carbon regulators, storage vessels, dehydrators, materials and sufficient storage facilities disulfide (CS2). for the products. compressors, and their driving units and Responsible official means one of the Gas well or natural gas well means an appurtenances, and equipment used for following: onshore well drilled principally for transporting gas from a production (1) For a corporation: A president, production of natural gas. plant, delivery point of purchased gas, secretary, treasurer, or vice-president of Hydraulic fracturing or refracturing gathering system, storage area, or other the corporation in charge of a principal means the process of directing wholesale source of gas to one or more business function, or any other person pressurized fluids containing any distribution area(s). who performs similar policy or combination of water, proppant, and Nonfractionating plant means any gas decision-making functions for the any added chemicals to penetrate tight plant that does not fractionate mixed corporation, or a duly authorized formations, such as shale or coal natural gas liquids into natural gas representative of such person if the formations, that subsequently require products. representative is responsible for the Non-natural gas-driven pneumatic high rate, extended flowback to expel overall operation of one or more controller means an instrument that is fracture fluids and solids during manufacturing, production, or operating actuated using other sources of power completions. facilities applying for or subject to a than pressurized natural gas; examples Hydraulic refracturing means permit and either: include solar, electric, and instrument conducting a subsequent hydraulic (i) The facilities employ more than air. fracturing operation at a well that has Onshore means all facilities except 250 persons or have gross annual sales previously undergone a hydraulic those that are located in the territorial or expenditures exceeding $25 million fracturing operation. seas or on the outer continental shelf. (in second quarter 1980 dollars); or In light liquid service means that the Pneumatic controller means an (ii) The delegation of authority to piece of equipment contains a liquid automated instrument used for such representatives is approved in that meets the conditions specified in maintaining a process condition such as advance by the permitting authority; § 60.485a(e) or § 60.5401(g)(2) of this liquid level, pressure, delta-pressure (2) For a partnership or sole part. and temperature. proprietorship: A general partner or the In wet gas service means that a Pressure vessel means a storage vessel proprietor, respectively; compressor or piece of equipment that is used to store liquids or gases and (3) For a municipality, State, Federal, contains or contacts the field gas before is designed not to vent to the or other public agency: Either a the extraction step at a gas processing atmosphere as a result of compression of principal executive officer or ranking plant process unit. the vapor headspace in the pressure elected official. For the purposes of this Intermittent/snap-action pneumatic vessel during filling of the pressure part, a principal executive officer of a controller means a pneumatic controller vessel to its design capacity. Federal agency includes the chief that vents non-continuously. Process unit means components executive officer having responsibility Liquefied natural gas unit means a assembled for the extraction of natural for the overall operations of a principal unit used to cool natural gas to the point gas liquids from field gas, the geographic unit of the agency (e.g., a at which it is condensed into a liquid fractionation of the liquids into natural Regional Administrator of EPA); or which is colorless, odorless, non- gas products, or other operations (4) For affected facilities: corrosive and non-toxic. associated with the processing of (i) The designated representative in so Low pressure gas well means a well natural gas products. A process unit can far as actions, standards, requirements, with reservoir pressure and vertical well operate independently if supplied with or prohibitions under title IV of the depth such that 0.445 times the sufficient feed or raw materials and Clean Air Act or the regulations reservoir pressure (in psia) minus 0.038 sufficient storage facilities for the promulgated thereunder are concerned; times the vertical well depth (in feet) products. or minus 67.578 psia is less than the flow Reciprocating compressor means a (ii) The designated representative for line pressure at the sales meter. piece of equipment that increases the any other purposes under part 60.

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Routed to a process or route to a (2) Process vessels such as surge Well means an oil or gas well, a hole process means the emissions are control vessels, bottoms receivers or drilled for the purpose of producing oil conveyed via a closed vent system to knockout vessels. or gas, or a well into which fluids are any enclosed portion of a process unit (3) Pressure vessels designed to injected. where the emissions are predominantly operate in excess of 204.9 kilopascals Well completion means the process recycled and/or consumed in the same and without emissions to the that allows for the flowback of manner as a material that fulfills the atmosphere. petroleum or natural gas from newly same function in the process and/or Sulfur production rate means the rate drilled wells to expel drilling and transformed by chemical reaction into of liquid sulfur accumulation from the reservoir fluids and tests the reservoir materials that are not regulated sulfur recovery unit. flow characteristics, which may vent Sulfur recovery unit means a process materials and/or incorporated into a produced hydrocarbons to the device that recovers element sulfur from product; and/or recovered. atmosphere via an open pit or tank. Salable quality gas means natural gas acid gas. that meets the composition, moisture, or Surface site means any combination Well completion operation means any other limits set by the purchaser of the of one or more graded pad sites, gravel well completion with hydraulic natural gas, regardless of whether such pad sites, foundations, platforms, or the fracturing or refracturing occurring at a gas is sold. immediate physical location upon gas well affected facility. Storage vessel means a unit that is which equipment is physically affixed. Well site means one or more areas that constructed primarily of nonearthen Sweetening unit means a process are directly disturbed during the drilling materials (such as wood, concrete, steel, device that removes hydrogen sulfide and subsequent operation of, or affected fiberglass, or plastic) which provides and/or carbon dioxide from the sour by, production facilities directly structural support and is designed to natural gas stream. associated with any oil well, gas well, contain an accumulation of liquids or Total Reduced Sulfur (TRS) means the or injection well and its associated well other materials. The following are not sum of the sulfur compounds hydrogen pad. considered storage vessels: sulfide, methyl mercaptan, dimethyl (1) Vessels that are skid-mounted or sulfide, and dimethyl disulfide as Wellhead means the piping, casing, permanently attached to something that measured by Method 16 of appendix A tubing and connected valves protruding is mobile (such as trucks, railcars, to part 60 of this chapter. above the earth’s surface for an oil and/ barges or ships), and are intended to be Total SO2 equivalents means the sum or natural gas well. The wellhead ends located at a site for less than 180 of volumetric or mass concentrations of where the flow line connects to a consecutive days. If you do not keep or the sulfur compounds obtained by wellhead valve. The wellhead does not include other equipment at the well site are not able to produce records, as adding the quantity existing as SO2 to except for any conveyance through required by § 60.5420(c)(5)(iv), showing the quantity of SO2 that would be that the vessel has been located at a site obtained if all reduced sulfur which gas is vented to the atmosphere. for less than 180 consecutive days, the compounds were converted to SO2 Wildcat well means a well outside vessel described herein is considered to (ppmv or kg/dscm (lb/dscf)). known fields or the first well drilled in be a storage vessel since the original Underground storage vessel means a an oil or gas field where no other oil and vessel was first located at the site. storage vessel stored below ground. gas production exists.

TABLE 1 TO SUBPART OOOO OF PART 60—REQUIRED MINIMUM INITIAL SO2 EMISSION REDUCTION EFFICIENCY (Zi)

Sulfur feed rate (X), LT/D

H2S content of acid gas (Y), % ≤ ≤ ≤ 15.0 < X ≤ 2.0 X 5.0 5.0 < X 15.0 300.0 X > 300.0

Y ≥ 50 ...... 79.0 88.51X0.0101Y0.0125 or 99.9, whichever is smaller.

20 ≤ Y < 50 ...... 79.0 88.5X0.0101Y0.0125 or 97.9, whichever is smaller. 97.9

10 ≤ Y < 20 ...... 79.0 88.5X0.0101Y0.0125 or 97.9, whichever is 93.5 93.5 smaller. Y < 10 ...... 79.0 79.0 ...... 79.0 79.0

TABLE 2 TO SUBPART OOOO OF PART 60—REQUIRED MINIMUM SO2 EMISSION REDUCTION EFFICIENCY (Zc)

Sulfur feed rate (X), LT/D

H2S content of acid gas (Y), % ≤ ≤ ≤ 15.0 < X ≤ 2.0 X 5.0 5.0 < X 15.0 300.0 X > 300.0

Y ≥ 50 ...... 74.0 85.35X0.0144Y0.0128 or 99.9, whichever is smaller.

20 ≤ Y < 50 ...... 74.0 85.35X0.0144Y0.0128 or 97.9, whichever is smaller. 97.5

10 ≤ Y < 20 ...... 74.0 85.35X0.0144Y0.0128 or 90.8, whichever is smaller. 90.8

Y < 10 ...... 74.0 74.0 ...... 74.0 74.0 E = The sulfur emission rate expressed as elemental sulfur, kilograms per hour (kg/hr) [pounds per hour (lb/hr)], rounded to one decimal place. R = The sulfur emission reduction efficiency achieved in percent, carried to one decimal place. S = The sulfur production rate, kilograms per hour (kg/hr) [pounds per hour (lb/hr)], rounded to one decimal place.

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X = The sulfur feed rate from the sweetening unit (i.e., the H2S in the acid gas), expressed as sulfur, Mg/D(LT/D), rounded to one decimal place. Y = The sulfur content of the acid gas from the sweetening unit, expressed as mole percent H2S (dry basis) rounded to one decimal place. Z = The minimum required sulfur dioxide (SO2) emission reduction efficiency, expressed as percent carried to one decimal place. Zi refers to the reduction efficiency required at the initial performance test. Zc refers to the reduction efficiency required on a continuous basis after compliance with Zi has been demonstrated.

As stated in § 60.5425, you must comply with the following applicable General Provisions:

TABLE 3 TO SUBPART OOOO OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOOO

General provisions Subject of citation Applies to Explanation citation subpart?

§ 60.1 ...... General applicability of the General Provisions ...... Yes. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.5430. § 60.3 ...... Units and abbreviations ...... Yes. § 60.4 ...... Address ...... Yes. § 60.5 ...... Determination of construction or modification ...... Yes. § 60.6 ...... Review of plans ...... Yes. § 60.7 ...... Notification and record keeping ...... Yes ...... Except that § 60.7 only applies as specified in § 60.5420(a). § 60.8 ...... Performance tests ...... Yes ...... Performance testing is required for control devices used on storage vessels and centrifugal compressors. § 60.9 ...... Availability of information ...... Yes. § 60.10 ...... State authority ...... Yes. § 60.11 ...... Compliance with standards and maintenance re- No ...... Requirements are specified in subpart OOOO. quirements. § 60.12 ...... Circumvention ...... Yes. § 60.13 ...... Monitoring requirements ...... Yes ...... Continuous monitors are required for storage vessels. § 60.14 ...... Modification ...... Yes. § 60.15 ...... Reconstruction ...... Yes. § 60.16 ...... Priority list ...... Yes. § 60.17 ...... Incorporations by reference ...... Yes. § 60.18 ...... General control device requirements ...... Yes ...... Except that § 60.18 does not apply to flares. § 60.19 ...... General notification and reporting requirement ...... Yes.

PART 63—NATIONAL EMISSION Eisenhower Parkway, Ann Arbor, MI DDDDD of this part, table 4 to subpart STANDARDS FOR HAZARDOUS AIR 48106–1346, Telephone (734) 761–4700, JJJJJJ of this part and §§ 63.772(e), POLLUTANTS FOR SOURCE and are also available at the following 63.772(h), 63.1282(d) and 63.1282(g). CATEGORIES Web site: http://www.proquest.com. * * * * * * * * * * (73) ASTM D1945–03 (Reapproved ■ 8. The authority citation for part 63 (28) ASTM D6420–99 (Reapproved 2010) Standard Test Method for continues to read as follows: 2004), Standard Test Method for Analysis of Natural Gas by Gas Authority: 42 U.S.C. 7401, et seq. Determination of Gaseous Organic Chromatography (Approved January 1, ■ 9. Section 63.14 is amended by: Compounds by Direct Interface Gas 2010), IBR approved for §§ 63.772(h) ■ a. Revising paragraphs (b) Chromatography-Mass Spectrometry and 63.1282(g). introductory text, (b)(28), and (b)(64); (Approved October 1, 2004), IBR (74) ASTM D3588–98 (Reapproved ■ b. Adding paragraphs (b)(73), (74), approved for §§ 60.485(g), 60.485a(g), 2003) Standard Practice for Calculating and (75); and 63.772(a), 63.772(e), 63.1282(a), Heat Value, Compressibility Factor, and 63.1282(d), 63.2351(b), 63.2354(b) and Relative Density of Gaseous Fuels ■ c. Revising paragraphs (i) introductory table 8 to subpart HHHHHHH of this (Approved May 10, 2003), IBR approved text and (i)(1) to read as follows: part. for §§ 63.772(h) and 63.1282(g). § 63.14 Incorporations by reference. * * * * * (75) ASTM D4891–89 (Reapproved * * * * * (64) ASTM D6522–00 (Reapproved 2006) Standard Test Method for Heating (b) The following materials are 2005), Standard Test Method for Value of Gases in Natural Gas Range by available for purchase from at least one Determination of Nitrogen Oxides, Stoichiometric Combustion (Approved of the following addresses: American Carbon Monoxide, and Oxygen June 1, 2006), IBR approved for Society for Testing and Materials Concentrations in Emissions from §§ 63.772(h) and 63.1282(g). (ASTM), 100 Barr Harbor Drive, Post Natural Gas Fired Reciprocating * * * * * Office Box C700, West Conshohocken, Engines, Combustion Turbines, Boilers, (i) The following material is available PA 19428–2959, Telephone (610) 832– and Process Heaters Using Portable for purchase from at least one of the 9585, and are also available at the Analyzers, approved October 1, 2005, following addresses: American Society following Web site: http:// IBR approved for table 4 to subpart of Mechanical Engineers (ASME), Three www.astm.org; or ProQuest, 789 East ZZZZ of this part, table 5 to subpart Park Avenue, New York, NY 10016–

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5990, Telephone (800) 843–2763, and information is documented and (2) Facilities that process, upgrade, or are also available at the following Web recorded to the Administrator’s store hydrocarbon liquids. site: http://www.asme.org; or HIS, satisfaction in accordance with * * * * * Incorporated, 15 Inverness Way East, § 63.10(b)(3). A facility that is (b) * * * Englewood, CO 80112, Telephone (877) determined to be an area source, but (1) * * * 413–5184, and are also available at the subsequently increases its emissions or (i) Each glycol dehydration unit as following Web site: http:// its potential to emit above the major specified in paragraphs (b)(1)(i)(A) global.ihs.com. source levels, and becomes a major through (C) of this section. (1) ANSI/ASME PTC 19.10–1981, source, must comply thereafter with all (A) Each large glycol dehydration Flue and Exhaust Gas Analyses [Part 10, provisions of this subpart applicable to unit; Instruments and Apparatus], issued a major source starting on the applicable (B) Each small glycol dehydration August 31, 1981 IBR approved for compliance date specified in paragraph unit for which construction commenced §§ 63.309(k), 63.772(e), 63.772(h), (f) of this section. Nothing in this on or before August 23, 2011, is an 63.865(b), 63.1282(d), 63.1282(g), paragraph is intended to preclude a existing small glycol dehydration unit; 63.3166(a), 63.3360(e), 63.3545(a), source from limiting its potential to emit and 63.3555(a), 63.4166(a), 63.4362(a), through other appropriate mechanisms (C) Each small glycol dehydration 63.4766(a), 63.4965(a), 63.5160(d), that may be available through the unit for which construction commenced 63.9307(c), 63.9323(a), 63.11148(e), permitting authority. after August 23, 2011, is a new small 63.11155(e), 63.11162(f), 63.11163(g), (i) If the owner or operator glycol dehydration unit. 63.11410(j), 63.11551(a) and documents, to the Administrator’s * * * * * 63.11646(a), 63.11945, table 5 to subpart satisfaction, a decline in annual natural (c) Any source that determines it is DDDDD of this part, table 4 to subpart gas or hydrocarbon liquid throughput, not a major source but has actual JJJJJ of this part, table 5 to subpart as appropriate, each year for the 5 years emissions of 5 tons per year or more of UUUUU of this part and table 1 to prior to October 15, 2012, the owner or a single HAP, or 12.5 tons per year or subpart ZZZZZ of this part. operator shall calculate the maximum more of a combination of HAP (i.e., 50 * * * * * natural gas or hydrocarbon liquid percent of the major source thresholds), throughput used to determine maximum shall update its major source Subpart HH—[Amended] potential emissions according to the determination within 1 year of the prior requirements specified in paragraph determination or October 15, 2012, ■ 10. Section 63.760 is amended by: (a)(1)(i)(A) of this section. In all other whichever is later, and each year ■ a. Revising paragraph (a)(1) circumstances, the owner or operator thereafter, using gas composition data introductory text; shall calculate the maximum measured during the preceding 12 ■ b. Revising paragraph (a)(1)(i); throughput used to determine whether a months. ■ c. Revising paragraph (a)(1)(iii); facility is a major source in accordance * * * * * ■ d. Revising paragraph (a)(2); with the requirements specified in ■ (f) The owner or operator of an e. Revising paragraph (b)(1)(i); paragraph (a)(1)(i)(B) of this section. ■ affected major source shall achieve f. Adding paragraph (c); (A) The maximum natural gas or ■ g. Revising paragraph (f) introductory compliance with the provisions of this hydrocarbon liquid throughput is the subpart by the dates specified in text; average of the annual natural gas or ■ paragraphs (f)(1), (2), and (f)(7) through h. Revising paragraph (f)(1); hydrocarbon liquid throughput for the 3 ■ (9) of this section. The owner or i. Revising paragraph (f)(2); years prior to October 15, 2012, ■ j. Adding paragraphs (f)(7), (f)(8), and operator of an affected area source shall multiplied by a factor of 1.2. achieve compliance with the provisions (f)(9); and (B) The maximum natural gas or ■ k. Removing and reserving paragraph of this subpart by the dates specified in hydrocarbon liquid throughput is the (g)(1). paragraphs (f)(3) through (6) of this highest annual natural gas or The revisions and additions read as section. hydrocarbon liquid throughput over the follows: (1) Except as specified in paragraphs 5 years prior to October 15, 2012, (f)(7) through (9) of this section, the § 63.760 Applicability and designation of multiplied by a factor of 1.2. owner or operator of an affected major affected source. * * * * * source, the construction or (a) * * * (iii) The owner or operator shall reconstruction of which commenced (1) Facilities that are major or area determine the maximum values for before February 6, 1998, shall achieve sources of hazardous air pollutants other parameters used to calculate compliance with the applicable (HAP) as defined in § 63.761. Emissions emissions as the maximum for the provisions of this subpart no later than for major source determination purposes period over which the maximum natural June 17, 2002, except as provided for in can be estimated using the maximum gas or hydrocarbon liquid throughput is § 63.6(i). The owner or operator of an natural gas or hydrocarbon liquid determined in accordance with area source, the construction or throughput, as appropriate, calculated paragraph (a)(1)(i)(A) or (B) of this reconstruction of which commenced in paragraphs (a)(1)(i) through (iii) of section. Parameters, other than glycol before February 6, 1998, that increases this section. As an alternative to circulation rate, shall be based on either its emissions of (or its potential to emit) calculating the maximum natural gas or highest measured values or annual HAP such that the source becomes a hydrocarbon liquid throughput, the average. For estimating maximum major source that is subject to this owner or operator of a new or existing potential emissions from glycol subpart shall comply with this subpart source may use the facility’s design dehydration units, the glycol circulation 3 years after becoming a major source. maximum natural gas or hydrocarbon rate used in the calculation shall be the (2) Except as specified in paragraphs liquid throughput to estimate the unit’s maximum rate under its physical (f)(7) through (9) of this section, the maximum potential emissions. Other and operational design consistent with owner or operator of an affected major means to determine the facility’s major the definition of potential to emit in source, the construction or source status are allowed, provided the § 63.2. reconstruction of which commences on

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or after February 6, 1998, shall achieve 112(n)(4) of the Act, means equipment representative of such person if the compliance with the applicable associated with an oil or natural gas representative is responsible for the provisions of this subpart immediately exploration or production well, and overall operation of one or more upon initial startup or June 17, 1999, includes all equipment from the manufacturing, production, or operating whichever date is later. Area sources, wellbore to the point of custody facilities applying for or subject to a other than production field facilities transfer, except glycol dehydration units permit and either: identified in (f)(9) of this section, the and storage vessels. (i) The facilities employ more than construction or reconstruction of which * * * * * 250 persons or have gross annual sales commences on or after February 6, 1998, BTEX means benzene, toluene, ethyl or expenditures exceeding $25 million that become major sources shall comply benzene and xylene. (in second quarter 1980 dollars); or with the provisions of this standard * * * * * (ii) The delegation of authority to immediately upon becoming a major Flare means a thermal oxidation such representatives is approved in source. system using an open flame (i.e., advance by the permitting authority; * * * * * without enclosure). (2) For a partnership or sole (7) Each affected existing small glycol * * * * * proprietorship: a general partner or the dehydration unit, as defined in § 63.761, Glycol dehydration unit baseline proprietor, respectively; located at a major source, that operations means operations (3) For a municipality, State, Federal, commenced construction before August representative of the large glycol or other public agency: Either a 23, 2011, must achieve compliance no dehydration unit operations as of June principal executive officer or ranking later than October 15, 2015, except as 17, 1999 and the small glycol elected official. For the purposes of this provided in § 63.6(i). dehydrator unit operations as of August part, a principal executive officer of a (8) Each affected new small glycol 23, 2011. For the purposes of this Federal agency includes the chief dehydration unit, as defined in § 63.761, subpart, for determining the percentage executive officer having responsibility located at a major source, that of overall HAP emission reduction for the overall operations of a principal commenced construction on or after attributable to process modifications, geographic unit of the agency (e.g., a August 23, 2011, must achieve baseline operations shall be parameter Regional Administrator of EPA); or compliance immediately upon initial values (including, but not limited to, (4) For affected sources: startup or October 15, 2012, whichever glycol circulation rate or glycol-HAP (i) The designated representative in so is later. absorbency) that represent actual long- far as actions, standards, requirements, (9) A production field facility, as term conditions (i.e., at least 1 year). or prohibitions under title IV of the Act defined in § 63.761, constructed on or Glycol dehydration units in operation or the regulations promulgated before August 23, 2011, that was for less than 1 year shall document that thereunder are concerned; and previously determined to be an area the parameter values represent expected (ii) The designated representative for source but becomes a major source (as long-term operating conditions had any other purposes under part 70. defined in paragraph 3 of the major process modifications not been made. * * * * * source definition in § 63.761) on the * * * * * Small glycol dehydration unit means October 15, 2012 must achieve Large glycol dehydration unit means a a glycol dehydration unit, located at a compliance no later than October 15, glycol dehydration unit with an actual major source, with an actual annual 2015, except as provided in § 63.6(i). annual average natural gas flowrate average natural gas flowrate less than 85 * * * * * equal to or greater than 85 thousand thousand standard cubic meters per day ■ 11. Section 63.761 is amended by: standard cubic meters per day and or actual annual average benzene ■ a. Adding, in alphabetical order, actual annual average benzene emissions less than 0.90 Mg/yr, definitions for the terms ‘‘affirmative emissions equal to or greater than 0.90 determined according to § 63.772(b). defense,’’ ‘‘BTEX,’’ ‘‘flare,’’ ‘‘large glycol Mg/yr, determined according to * * * * * dehydration unit,’’ ‘‘responsible § 63.772(b). A glycol dehydration unit Storage vessel means a tank or other official’’ and ‘‘small glycol dehydration complying with the 0.9 Mg/yr control vessel that is designed to contain an unit’’; option under § 63.765(b)(1)(ii) is accumulation of crude oil, condensate, ■ b. Revising the definitions for considered to be a large dehydrator. intermediate hydrocarbon liquids, or ‘‘associated equipment,’’ ‘‘glycol Major source *** produced water and that is constructed dehydration unit baseline operations,’’ (3) For facilities that are production primarily of non-earthen materials (e.g., and ‘‘storage vessel’’; and field facilities, only HAP emissions from wood, concrete, steel, plastic) that ■ c. Revising paragraph (3) of the glycol dehydration units and storage provide structural support. The definition for ‘‘major source’’ to read as vessels shall be aggregated for a major following process units are not follows: source determination. For facilities that considered storage vessels: Surge are not production field facilities, HAP control vessels and knockout vessels. § 63.761 Definitions. emissions from all HAP emission units * * * * * * * * * * shall be aggregated for a major source ■ 12. Section 63.762 is revised to read Affirmative defense means, in the determination. as follows: context of an enforcement proceeding, a * * * * * response or defense put forward by a Responsible official means one of the § 63.762 Affirmative defense for violations defendant, regarding which the following: of emission standards during malfunction. defendant has the burden of proof, and (1) For a corporation: A president, (a) The provisions set forth in this the merits of which are independently secretary, treasurer, or vice-president of subpart shall apply at all times. and objectively evaluated in a judicial the corporation in charge of a principal (b) [Reserved] or administrative proceeding. business function, or any other person (c) [Reserved] * * * * * who performs similar policy or (d) In response to an action to enforce Associated equipment, as used in this decision-making functions for the the standards set forth in this subpart, subpart and as referred to in section corporation, or a duly authorized you may assert an affirmative defense to

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a claim for civil penalties for violations shall also specify, using best monitoring minimizing emissions. Determination of of such standards that are caused by methods and engineering judgment, the whether such operation and malfunction, as defined in 40 CFR 63.2. amount of any emissions that were the maintenance procedures are being used Appropriate penalties may be assessed; result of the malfunction. will be based on information available however, if you fail to meet your burden (2) Report. The owner or operator to the Administrator which may of proving all of the requirements in the seeking to assert an affirmative defense include, but is not limited to, affirmative defense, the affirmative shall submit a written report to the monitoring results, review of operation defense shall not be available for claims Administrator with all necessary and maintenance procedures, review of for injunctive relief. supporting documentation, that it has operation and maintenance records, and (1) To establish the affirmative met the requirements set forth in inspection of the source. defense in any action to enforce such a paragraph (d)(1) of this section. This ■ 14. Section 63.765 is amended by: standard, you must timely meet the affirmative defense report shall be ■ a. Revising paragraph (a); reporting requirements in paragraph included in the first periodic ■ b. Revising paragraph (b)(1); (d)(2) of this section, and must prove by compliance, deviation report or excess ■ c. Revising paragraph (c)(2); and a preponderance of evidence that: emission report otherwise required after ■ d. Revising paragraph (c)(3). (i) The violation: the initial occurrence of the violation of The revisions read as follows: (A) Was caused by a sudden, the relevant standard (which may be the infrequent, and unavoidable failure of § 63.765 Glycol dehydration unit process end of any applicable averaging period). vent standards. air pollution control equipment, process If such compliance, deviation report or (a) This section applies to each glycol equipment, or a process to operate in a excess emission report is due less than dehydration unit subject to this subpart normal or usual manner; and 45 days after the initial occurrence of that must be controlled for air emissions (B) Could not have been prevented the violation, the affirmative defense as specified in either paragraph (c)(1)(i) through careful planning, proper design report may be included in the second or better operation and maintenance or paragraph (d)(1)(i) of § 63.764. compliance, deviation report or excess (b) * * * practices; and emission report due after the initial (C) Did not stem from any activity or (1) For each glycol dehydration unit occurrence of the violation of the process vent, the owner or operator event that could have been foreseen and relevant standard. avoided, or planned for; and shall control air emissions by either ■ 13. Section 63.764 is amended by: paragraph (b)(1)(i), (ii), or (iii) of this (D) Was not part of a recurring pattern ■ indicative of inadequate design, a. Revising paragraph (e)(1) section. introductory text; (i) The owner or operator of a large operation, or maintenance; and ■ (ii) Repairs were made as b. Revising paragraph (i); and glycol dehydration unit, as defined in ■ expeditiously as possible when a c. Adding paragraph (j). § 63.761, shall connect the process vent violation occurred. Off-shift and The revisions and addition read as to a control device or a combination of overtime labor were used, to the extent follows: control devices through a closed-vent system. The closed-vent system shall be practicable to make these repairs; and § 63.764 General standards. (iii) The frequency, amount and designed and operated in accordance * * * * * duration of the violation (including any with the requirements of § 63.771(c). (e) Exemptions. (1) The owner or bypass) were minimized to the The control device(s) shall be designed operator of an area source is exempt maximum extent practicable; and and operated in accordance with the from the requirements of paragraph (d) (iv) If the violation resulted from a requirements of § 63.771(d). of this section if the criteria listed in bypass of control equipment or a (ii) The owner or operator of a large paragraph (e)(1)(i) or (ii) of this section process, then the bypass was glycol dehydration unit shall connect are met, except that the records of the unavoidable to prevent loss of life, the process vent to a control device or determination of these criteria must be personal injury, or severe property combination of control devices through maintained as required in § 63.774(d)(1). damage; and a closed-vent system and the outlet (v) All possible steps were taken to * * * * * benzene emissions from the control minimize the impact of the violation on (i) In all cases where the provisions of device(s) shall be reduced to a level less ambient air quality, the environment, this subpart require an owner or than 0.90 megagrams per year. The and human health; and operator to repair leaks by a specified closed-vent system shall be designed (vi) All emissions monitoring and time after the leak is detected, it is a and operated in accordance with the control systems were kept in operation violation of this standard to fail to take requirements of § 63.771(c). The control if at all possible, consistent with safety action to repair the leak(s) within the device(s) shall be designed and operated and good air pollution control practices; specified time. If action is taken to in accordance with the requirements of and repair the leak(s) within the specified § 63.771(d), except that the performance (vii) All of the actions in response to time, failure of that action to levels specified in § 63.771(d)(1)(i) and the violation were documented by successfully repair the leak(s) is not a (ii) do not apply. properly signed, contemporaneous violation of this standard. However, if (iii) You must limit BTEX emissions operating logs; and the repairs are unsuccessful, and a leak from each existing small glycol (viii) At all times, the affected source is detected, the owner or operator shall dehydration unit process vent, as was operated in a manner consistent take further action as required by the defined in § 63.761, to the limit with good practices for minimizing applicable provisions of this subpart. determined in Equation 1 of this emissions; and (j) At all times the owner or operator section. You must limit BTEX emissions (ix) A written root cause analysis has must operate and maintain any affected from each new small glycol dehydration been prepared, the purpose of which is source, including associated air unit process vent, as defined in to determine, correct, and eliminate the pollution control equipment and § 63.761, to the limit determined in primary causes of the malfunction and monitoring equipment, in a manner Equation 2 of this section. The limits the violation resulting from the consistent with safety and good air determined using Equation 1 or malfunction event at issue. The analysis pollution control practices for Equation 2 must be met in accordance

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with one of the alternatives specified in paragraphs (b)(1)(iii)(A) through (D) of this section.

× ¥4 Equation 1 3.28 10 = BTEX emission limit, grams Ci,BTEX = average annual BTEX concentration BTEX/standard cubic meter-ppmv; of the natural gas at the inlet to the Where: Throughput = Annual average daily natural glycol dehydration unit, ppmv. ELBTEX = Unit-specific BTEX emission limit, gas throughput, standard cubic meters megagrams per year; per day.

Where: accordance with the requirements is subject to and controlled under the ELBTEX = Unit-specific BTEX emission limit, specified in § 63.771(e). requirements specified under 40 CFR megagrams per year; (3) Control of HAP emissions from a part 63 subparts G or CC. Storage vessels ¥ 4.66 × 10 6 = BTEX emission limit, grams GCG separator (flash tank) vent is not subject to and controlled under 40 CFR BTEX/standard cubic meter-ppmv; required if the owner or operator part 60, subpart OOOO shall submit the Throughput = Annual average daily natural demonstrates, to the Administrator’s periodic reports specified in § 63.775(e). gas throughput, standard cubic meters satisfaction, that total emissions to the ■ per day. 16. Section 63.769 is amended by: ■ C = average annual BTEX concentration atmosphere from the glycol dehydration a. Revising paragraph (b); i,BTEX ■ of the natural gas at the inlet to the unit process vent are reduced by one of b. Revising paragraph (c) introductory glycol dehydration unit, ppmv. the levels specified in paragraph (c)(3)(i) text; and through (iv) of this section, through the ■ c. Revising paragraph (c)(8). (A) Connect the process vent to a installation and operation of controls as The revisions read as follows: control device or combination of control specified in paragraph (b)(1) of this devices through a closed-vent system. § 63.769 Equipment leak standards. section. The closed vent system shall be (i) For any large glycol dehydration * * * * * designed and operated in accordance unit, HAP emissions are reduced by (b) This section does not apply to with the requirements of § 63.771(c). 95.0 percent or more. ancillary equipment and compressors The control device(s) shall be designed (ii) For any large glycol dehydration for which the owner or operator is and operated in accordance with the unit, benzene emissions are reduced to subject to and controlled under the requirements of § 63.771(f). a level less than 0.90 megagrams per requirements specified in subpart H of (B) Meet the emissions limit through year. this part; or is subject to and controlled process modifications in accordance (iii) For each existing small glycol under the requirements specified in 40 with the requirements specified in dehydration unit, BTEX emissions are CFR part 60, subpart OOOO. Ancillary § 63.771(e). reduced to a level less than the limit equipment and compressors subject to (C) Meet the emissions limit for each calculated by Equation 1 of paragraph and controlled under 40 CFR part 60, small glycol dehydration unit using a (b)(1)(iii) of this section. subpart OOOO shall submit the periodic combination of process modifications (iv) For each new small glycol reports specified in § 63.775(e). and one or more control devices through dehydration unit, BTEX emissions are (c) For each piece of ancillary the requirements specified in reduced to a level less than the limit equipment and each compressor subject paragraphs (b)(1)(iii)(A) and (B) of this calculated by Equation 2 of paragraph to this section located at an existing or section. (b)(1)(iii) of this section. new source, the owner or operator shall (D) Demonstrate that the emissions ■ 15. Section 63.766 is amended by: meet the requirements specified in 40 limit is met through actual uncontrolled ■ a. Adding paragraph (b)(3); and CFR part 61, subpart V, §§ 61.241 operation of the small glycol ■ b. Revising paragraph (d) to read as through 61.247, except as specified in dehydration unit. Document operational follows: paragraphs (c)(1) through (8) of this parameters in accordance with the section, except that for valves subject to requirements specified in § 63.771(e) § 63.766 Storage vessel standards. § 61.242–7(b) or § 61.243–1, a leak is and emissions in accordance with the * * * * * detected if an instrument reading of 500 requirements specified in § 63.772(b)(2). (b) * * * ppm or greater is measured. A leak * * * * * (3) The owner or operator shall detected from a valve at a source (c) * * * control air emissions by connecting the constructed on or before August 23, (2) The owner or operator shall cover, through a closed-vent system that 2011 shall be repaired in accordance demonstrate, to the Administrator’s meets the conditions specified in with the schedule in § 61.242–7(d), or satisfaction, that the total HAP § 63.771(c), to a process natural gas line. by October 15, 2013, whichever is later. emissions to the atmosphere from the * * * * * A leak detected from a valve at a source large glycol dehydration unit process (d) This section does not apply to constructed after August 23, 2011 shall vent are reduced by 95.0 percent storage vessels for which the owner or be repaired in accordance with the through process modifications, or a operator is subject to and controlled schedule in § 61.242–7(d), or by October combination of process modifications under the requirements specified in 40 15, 2012, whichever is later. and one or more control devices, in CFR part 60, subparts Kb or OOOO; or * * * * *

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(8) Flares, as defined in § 63.761, used to the control device, as required under BTEX limit determined in to comply with this subpart shall § 63.765, § 63.766, and § 63.769. An § 63.765(b)(1)(iii), as applicable, using a comply with the requirements of owner or operator may vent more than combination of process modifications § 63.11(b). one unit to a control device used to and one or more control devices shall ■ 17. Section 63.771 is amended by: comply with this subpart. comply with paragraphs (e)(3)(i) and (ii) ■ a. Revising paragraph (c)(1); * * * * * of this section. ■ b. Revising the heading of paragraph (5) * * * * * * * * (d); (i) Following the initial startup of the (ii) The owner or operator shall ■ c. Adding paragraph (d) introductory control device, all carbon in the control comply with the control device text; device shall be replaced with fresh requirements specified in paragraph (d) ■ d. Revising paragraph (d)(1)(i)(C); carbon on a regular, predetermined time or (f) of this section, as applicable, ■ e. Revising paragraph (d)(1)(ii); interval that is no longer than the except that the emission reduction or ■ f. Revising paragraph (d)(1)(iii); carbon service life established for the limit achieved shall be the emission ■ g. Revising paragraph (d)(4)(i); carbon adsorption system. Records reduction or limit specified for the ■ h. Revising paragraph (d)(5)(i); identifying the schedule for replacement control device(s) in paragraph (e)(2) of ■ i. Revising paragraph (e)(2); and records of each carbon replacement this section. ■ j. Revising paragraph (e)(3) shall be maintained as required in (f) Control device requirements for introductory text; § 63.774(b)(7)(ix). The schedule for small glycol dehydration units. (1) The ■ k. Revising paragraph (e)(3)(ii); and replacement shall be submitted with the control device used to meet BTEX the ■ l. Adding paragraph (f). Notification of Compliance Status emission limit calculated in The revisions and additions read as Report as specified in § 63.775(d)(5)(iv). § 63.765(b)(1)(iii) shall be one of the follows: Each carbon replacement must be control devices specified in paragraphs reported in the Periodic Reports as § 63.771 Control equipment requirements. (f)(1)(i) through (iii) of this section. specified in § 63.772(e)(2)(xii). (i) An enclosed combustion device * * * * * (e.g., thermal vapor incinerator, catalytic (c) Closed-vent system requirements. * * * * * (e) * * * vapor incinerator, boiler, or process (1) The closed-vent system shall route (2) The owner or operator shall heater) that is designed and operated to all gases, vapors, and fumes emitted document, to the Administrator’s meet the levels specified in paragraphs from the material in an emissions unit satisfaction, the conditions for which (f)(1)(i)(A) or (B) of this section. If a to a control device that meets the glycol dehydration unit baseline boiler or process heater is used as the requirements specified in paragraph (d) operations shall be modified to achieve control device, then the vent stream of this section. the 95.0 percent overall HAP emission shall be introduced into the flame zone * * * * * reduction, or BTEX limit determined in of the boiler or process heater. (d) Control device requirements for § 63.765(b)(1)(iii), as applicable, either (A) The mass content of BTEX in the sources except small glycol dehydration through process modifications or gases vented to the device is reduced as units. Owners and operators of small through a combination of process determined in accordance with the glycol dehydration units, shall comply modifications and one or more control requirements of § 63.772(e). with the control device requirements in devices. If a combination of process (B) The concentration of either TOC paragraph (f) of this section. modifications and one or more control or total HAP in the exhaust gases at the (1) * * * devices are used, the owner or operator outlet of the device is reduced to a level (i) * * * shall also establish the emission equal to or less than 20 parts per million (C) Operates at a minimum reduction to be achieved by the control by volume on a dry basis corrected to temperature of 760 degrees C, provided device to achieve an overall HAP 3 percent oxygen as determined in the control device has demonstrated, emission reduction of 95.0 percent for accordance with the requirements of under § 63.772(e), that combustion zone the glycol dehydration unit process vent § 63.772(e). temperature is an indicator of or, if applicable, the BTEX limit (ii) A vapor recovery device (e.g., destruction efficiency. determined in § 63.765(b)(1)(iii) for the carbon adsorption system or condenser) * * * * * small glycol dehydration unit process or other non-destructive control device (ii) A vapor recovery device (e.g., vent. Only modifications in glycol that is designed and operated to reduce carbon adsorption system or condenser) dehydration unit operations directly the mass content of BTEX in the gases or other non-destructive control device related to process changes, including vented to the device as determined in that is designed and operated to reduce but not limited to changes in glycol accordance with the requirements of the mass content of either TOC or total circulation rate or glycol-HAP § 63.772(e). HAP in the gases vented to the device absorbency, shall be allowed. Changes (iii) A flare, as defined in § 63.761, by 95.0 percent by weight or greater as in the inlet gas characteristics or natural that is designed and operated in determined in accordance with the gas throughput rate shall not be accordance with the requirements of requirements of § 63.772(e). considered in determining the overall § 63.11(b). (iii) A flare, as defined in § 63.761, emission reduction due to process (2) The owner or operator shall that is designed and operated in modifications. operate each control device in accordance with the requirements of (3) The owner or operator that accordance with the requirements § 63.11(b). achieves a 95.0 percent HAP emission specified in paragraphs (f)(2)(i) and (ii) * * * * * reduction or meets the BTEX limit of this section. (4) * * * determined in § 63.765(b)(1)(iii), as (i) Each control device used to comply (i) Each control device used to comply applicable, using process modifications with this subpart shall be operating at with this subpart shall be operating at alone shall comply with paragraph all times. An owner or operator may all times when gases, vapors, and fumes (e)(3)(i) of this section. The owner or vent more than one unit to a control are vented from the HAP emissions unit operator that achieves a 95.0 percent device used to comply with this or units through the closed-vent system HAP emission reduction or meets the subpart.

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(ii) For each control device monitored from a glycol dehydration unit shall be must determine the glycol dehydration in accordance with the requirements of made using the procedures of either unit BTEX emissions as specified in § 63.773(d), the owner or operator shall paragraph (b)(2)(i) or (ii) of this section. paragraphs (d)(2)(i) through (iii) of this demonstrate compliance according to Emissions shall be determined either section. Compliance is demonstrated if the requirements of either § 63.772(f) or uncontrolled, or with federally the BTEX emissions determined as (h). enforceable controls in place. specified in paragraphs (d)(2)(i) through (3) For each carbon adsorption system (i) The owner or operator shall (iii) are less than the emission limit used as a control device to meet the determine actual average benzene or calculated using the equation in requirements of paragraph (f)(1)(ii) of BTEX emissions using the model GRI– § 63.765(b)(1)(iii). this section, the owner or operator shall GLYCalcTM, Version 3.0 or higher, and (i) Method 1 or 1A, 40 CFR part 60, manage the carbon as required under the procedures presented in the appendix A, as appropriate, shall be (d)(5)(i) and (ii) of this section. associated GRI–GLYCalcTM Technical used for selection of the sampling sites ■ 18. Section 63.772 is amended by: Reference Manual. Inputs to the model at the outlet of the glycol dehydration ■ a. Revising paragraph (b) introductory shall be representative of actual unit process vent. Any references to text; operating conditions of the glycol particulate mentioned in Methods 1 and ■ b. Revising paragraph (b)(1)(ii); dehydration unit and may be 1A do not apply to this section. ■ c. Revising paragraph (b)(2); determined using the procedures (ii) The gas volumetric flowrate shall ■ d. Revising paragraph (c)(6)(i); documented in the Gas Research be determined using Method 2, 2A, 2C, ■ e. Adding paragraph (d); Institute (GRI) report entitled or 2D, 40 CFR part 60, appendix A, as ■ f. Revising paragraph (e) introductory ‘‘Atmospheric Rich/Lean Method for appropriate. text; Determining Glycol Dehydrator (iii) The BTEX emissions from the ■ g. Revising paragraphs (e)(1)(i) Emissions’’ (GRI–95/0368.1); or outlet of the glycol dehydration unit through (v); (ii) The owner or operator shall process vent shall be determined using ■ h. Revising paragraph (e)(2); determine an average mass rate of the procedures specified in paragraph (e)(3)(v) of this section. As an ■ i. Revising paragraph (e)(3) benzene or BTEX emissions in alternative, the mass rate of BTEX at the introductory text; kilograms per hour through direct outlet of the glycol dehydration unit ■ j. Revising paragraph (e)(3)(i)(B); measurement using the methods in process vent may be calculated using ■ k. Revising paragraph (e)(3)(iv)(C)(1); § 63.772(a)(1)(i) or (ii), or an alternative the model GRI–GLYCalcTM, Version 3.0 ■ l. Adding paragraphs (e)(3)(v) and (vi); method according to § 63.7(f). Annual or higher, and the procedures presented ■ m. Revising paragraph (e)(4) emissions in kilograms per year shall be in the associated GRI–GLYCalcTM introductory text; determined by multiplying the mass rate Technical Reference Manual. Inputs to ■ n. Revising paragraph (e)(4)(i); by the number of hours the unit is ■ the model shall be representative of o. Revising paragraph (e)(5); operated per year. This result shall be ■ actual operating conditions of the glycol p. Revising paragraph (f) introductory converted to megagrams per year. dehydration unit and shall be text; (c) * * * ■ determined using the procedures q. Revising paragraphs (f)(2) and (3); (6) * * * ■ r. Adding paragraphs (f)(4) through documented in the Gas Research (i) Except as provided in paragraph Institute (GRI) report entitled (6); (c)(6)(ii) of this section, the detection ■ s. Revising paragraph (g) introductory ‘‘Atmospheric Rich/Lean Method for instrument shall meet the performance Determining Glycol Dehydrator text; criteria of Method 21 of 40 CFR part 60, ■ t. Revising paragraph (g)(1) and Emissions’’ (GRI–95/0368.1). When the appendix A, except the instrument BTEX mass rate is calculated for glycol paragraph (g)(2) introductory text; response factor criteria in section ■ dehydration units using the model GRI– u. Revising paragraph (g)(2)(iii); 3.1.2(a) of Method 21 shall be for the ■ v. Revising paragraph (g)(3); GLYCalcTM, all BTEX measured by average composition of the process ■ w. Adding paragraph (h); and Method 18, 40 CFR part 60, appendix A, fluid, not each individual volatile ■ x. Adding paragraph (i). shall be summed. organic compound in the stream. For (e) Control device performance test The revisions and additions read as process streams that contain nitrogen, follows: procedures. This paragraph applies to air, or other inert gases that are not the performance testing of control § 63.772 Test methods, compliance organic hazardous air pollutants or devices. The owners or operators shall procedures, and compliance volatile organic compounds, the average demonstrate that a control device demonstrations. stream response factor shall be achieves the performance requirements * * * * * calculated on an inert-free basis. of § 63.771(d)(1), (e)(3)(ii) or (f)(1) using (b) Determination of glycol * * * * * a performance test as specified in dehydration unit flowrate, benzene (d) Test procedures and compliance paragraph (e)(3) of this section. Owners emissions, or BTEX emissions. The demonstrations for small glycol or operators using a condenser have the procedures of this paragraph shall be dehydration units. This paragraph option to use a design analysis as used by an owner or operator to applies to the test procedures for small specified in paragraph (e)(4) of this determine glycol dehydration unit dehydration units. section. The owner or operator may natural gas flowrate, benzene emissions, (1) If the owner or operator is using elect to use the alternative procedures in or BTEX emissions. a control device to comply with the paragraph (e)(5) of this section for (1) * * * emission limit in § 63.765(b)(1)(iii), the performance testing of a condenser used (ii) The owner or operator shall requirements of paragraph (e) of this to control emissions from a glycol document, to the Administrator’s section apply. Compliance is dehydration unit process vent. Flares satisfaction, the actual annual average demonstrated using the methods shall meet the provisions in paragraph natural gas flowrate to the glycol specified in paragraph (f) of this section. (e)(2) of this section. As an alternative dehydration unit. (2) If no control device is used to to conducting a performance test under (2) The determination of actual comply with the emission limit in this section for combustion control average benzene or BTEX emissions § 63.765(b)(1)(iii), the owner or operator devices, a control device that can be

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demonstrated to meet the performance emission limit specified in meter) (kilogram/gram) (minute/hour), requirements of § 63.771(d)(1), (e)(3)(ii) § 63.765(b)(1)(iii) the sampling site shall where standard temperature (gram-mole or (f)(1) through a performance test be located at the outlet of the per standard cubic meter) is 20 degrees combustion device. C. conducted by the manufacturer, as n = Number of components in sample. specified in paragraph (h) of this * * * * * section, can be used. (iv) * * * (2) When the BTEX mass rate is (1) * * * (C) * * * calculated, only BTEX compounds (i) Except as specified in paragraph (1) The emission rate correction factor measured by Method 18, 40 CFR part (e)(2) of this section, a flare, as defined for excess air, integrated sampling and 60, appendix A, or ASTM D6420–99 in § 63.761, that is designed and analysis procedures of Method 3A or (Reapproved 2004) (incorporated by operated in accordance with § 63.11(b); 3B, 40 CFR part 60, appendix A, ASTM reference as specified in § 63.14) as (ii) Except for control devices used for D6522–00 (Reapproved 2005), or ANSI/ specified in § 63.772(a)(1)(ii), shall be small glycol dehydration units, a boiler ASME PTC 19.10–1981, Part 10 (manual summed using the equations in or process heater with a design heat portion only) (incorporated by reference paragraph (e)(3)(v)(B)(1) of this section. input capacity of 44 megawatts or as specified in § 63.14) shall be used to (vi) The owner or operator shall greater; determine the oxygen concentration. conduct performance tests according to (iii) Except for control devices used The samples shall be taken during the the schedule specified in paragraphs for small glycol dehydration units, a same time that the samples are taken for (e)(3)(vi)(A) and (B) of this section. (A) An initial performance test shall boiler or process heater into which the determining TOC concentration or total be conducted within 180 days after the vent stream is introduced with the HAP concentration. compliance date that is specified for primary fuel or is used as the primary * * * * * each affected source in § 63.760(f)(7) fuel; (v) To determine compliance with the through (8), except that the initial (iv) Except for control devices used BTEX emission limit specified in performance test for existing for small glycol dehydration units, a § 63.765(b)(1)(iii) the owner or operator combustion control devices (i.e., control boiler or process heater burning shall use one of the following methods: devices installed on or before August hazardous waste for which the owner or Method 18, 40 CFR part 60, appendix A; 23, 2011) at major sources shall be operator has either been issued a final ASTM D6420–99 (Reapproved 2004), as conducted no later than October 15, permit under 40 CFR part 270 and specified in § 63.772(a)(1)(ii) 2015. If the owner or operator of an complies with the requirements of 40 (incorporated by reference as specified existing combustion control device at a CFR part 266, subpart H; or has certified in § 63.14); or any other method or data major source chooses to replace such compliance with the interim status that have been validated according to device with a control device whose requirements of 40 CFR part 266, the applicable procedures in Method model is tested under § 63.772(h), then subpart H; 301, 40 CFR part 63, appendix A. The the newly installed device shall comply (v) Except for control devices used for following procedures shall be used to with all provisions of this subpart no small glycol dehydration units, a calculate BTEX emissions: later than October 15, 2015. The (A) The minimum sampling time for hazardous waste incinerator for which performance test results shall be each run shall be 1 hour in which either the owner or operator has been issued submitted in the Notification of an integrated sample or a minimum of a final permit under 40 CFR part 270 Compliance Status Report as required in four grab samples shall be taken. If grab and complies with the requirements of § 63.775(d)(1)(ii). 40 CFR part 264, subpart O; or has sampling is used, then the samples shall (B) Periodic performance tests shall be certified compliance with the interim be taken at approximately equal conducted for all control devices status requirements of 40 CFR part 265, intervals in time, such as 15-minute required to conduct initial performance subpart O. intervals during the run. tests except as specified in paragraphs (B) The mass rate of BTEX (E ) shall * * * * * o (e)(3)(vi)(B)(1) and (2) of this section. be computed using the equations and (2) An owner or operator shall design The first periodic performance test shall procedures specified in paragraphs and operate each flare, as defined in be conducted no later than 60 months (e)(3)(v)(B)(1) and (2) of this section. § 63.761, in accordance with the after the initial performance test (1) The following equation shall be requirements specified in § 63.11(b) and required in paragraph (e)(3)(vi)(A) of used: the compliance determination shall be this section. Subsequent periodic conducted using Method 22 of 40 CFR performance tests shall be conducted at part 60, appendix A, to determine intervals no longer than 60 months visible emissions. following the previous periodic (3) For a performance test conducted performance test or whenever a source to demonstrate that a control device Where: desires to establish a new operating meets the requirements of Eo = Mass rate of BTEX at the outlet of the limit. The periodic performance test § 63.771(d)(1), (e)(3)(ii) or (f)(1), the control device, dry basis, kilogram per results must be submitted in the next owner or operator shall use the test hour. Periodic Report as specified in methods and procedures specified in Coj = Concentration of sample component j of § 63.775(e)(2)(xi). Combustion control paragraphs (e)(3)(i) through (v) of this the gas stream at the outlet of the control devices meeting the criteria in either section. The initial and periodic device, dry basis, parts per million by paragraph (e)(3)(vi)(B)(1) or (2) of this performance tests shall be conducted volume. section are not required to conduct according to the schedule specified in Moj = Molecular weight of sample component periodic performance tests. paragraph (e)(3)(vi) of this section. j of the gas stream at the outlet of the control device, gram/gram-mole. (1) A control device whose model is (i) * * * tested under, and meets the criteria of, Qo = Flowrate of gas stream at the outlet of (B) To determine compliance with the the control device, dry standard cubic § 63.772(h), or enclosed combustion device total HAP meter per minute. (2) A combustion control device ¥6 concentration limit specified in K2 = Constant, 2.494 × 10 (parts per demonstrating during the performance § 63.771(d)(1)(i)(B), or the BTEX million) (gram-mole per standard cubic test under § 63.772(e) that combustion

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zone temperature is an indicator of (2) The owner or operator shall This paragraph applies to the destruction efficiency and operates at a calculate the daily average of the demonstration of compliance with the minimum temperature of 760 degrees C. applicable monitored parameter in performance requirements specified in (4) For a condenser design analysis accordance with § 63.773(d)(4) except § 63.771(d)(1)(ii), (e)(3), or (f)(1) for conducted to meet the requirements of that the inlet gas flowrate to the control condensers. Compliance shall be § 63.771(d)(1), (e)(3)(ii), or (f)(1), the device shall not be averaged. demonstrated using the procedures in owner or operator shall meet the (3) Compliance with the operating paragraphs (g)(1) through (3) of this requirements specified in paragraphs parameter limit is achieved when the section. (e)(4)(i) and (ii) of this section. daily average of the monitoring (1) The owner or operator shall Documentation of the design analysis parameter value calculated under establish a site-specific condenser shall be submitted as a part of the paragraph (f)(2) of this section is either performance curve according to Notification of Compliance Status equal to or greater than the minimum or § 63.773(d)(5)(ii). For sources required Report as required in § 63.775(d)(1)(i). equal to or less than the maximum to meet the BTEX limit in accordance (i) The condenser design analysis monitoring value established under with § 63.771(e) or (f)(1) the owner or shall include an analysis of the vent paragraph (f)(1) of this section. For inlet operator shall identify the minimum stream composition, constituent gas flowrate, compliance with the percent reduction necessary to meet the concentrations, flowrate, relative operating parameter limit is achieved BTEX limit. humidity, and temperature, and shall when the value is equal to or less than (2) Compliance with the requirements establish the design outlet organic the value established under § 63.772(h) in § 63.771(d)(1)(ii), (e)(3), or (f)(1) shall compound concentration level, design or under the performance test be demonstrated by the procedures in average temperature of the condenser conducted under § 63.772(e), as paragraphs (g)(2)(i) through (iii) of this exhaust vent stream, and the design applicable. section. average temperatures of the coolant (4) Except for periods of monitoring system malfunctions, repairs associated * * * * * fluid at the condenser inlet and outlet. (iii) Except as provided in paragraphs As an alternative to the condenser with monitoring system malfunctions, and required monitoring system quality (g)(2)(iii)(A) and (B) of this section, at design analysis, an owner or operator the end of each operating day, the may elect to use the procedures assurance or quality control activities (including, as applicable, system owner or operator shall calculate the specified in paragraph (e)(5) of this 365-day average HAP, or BTEX, section. accuracy audits and required zero and span adjustments), the CMS required in emission reduction, as appropriate, from * * * * * § 63.773(d) must be operated at all times the condenser efficiencies as (5) As an alternative to the procedures the affected source is operating. A determined in paragraph (g)(2)(ii) of this in paragraph (e)(4)(i) of this section, an monitoring system malfunction is any section for the preceding 365 operating owner or operator may elect to use the sudden, infrequent, not reasonably days. If the owner or operator uses a procedures documented in the GRI preventable failure of the monitoring combination of process modifications report entitled, ‘‘Atmospheric Rich/Lean system to provide valid data. and a condenser in accordance with the Method for Determining Glycol Monitoring system failures that are requirements of § 63.771(e), the 365-day Dehydrator Emissions’’ (GRI–95/0368.1) average HAP, or BTEX, emission TM caused in part by poor maintenance or as inputs for the model GRI–GLYCalc , careless operation are not malfunctions. reduction shall be calculated using the Version 3.0 or higher, to generate a Monitoring system repairs are required emission reduction achieved through condenser performance curve. to be completed in response to process modifications and the (f) Compliance demonstration for monitoring system malfunctions and to condenser efficiency as determined in control device performance return the monitoring system to paragraph (g)(2)(ii) of this section, both requirements. This paragraph applies to operation as expeditiously as for the previous 365 operating days. the demonstration of compliance with practicable. (A) After the compliance dates the control device performance (5) Data recorded during monitoring specified in § 63.760(f), an owner or requirements specified in system malfunctions, repairs associated operator with less than 120 days of data § 63.771(d)(1)(i), (e)(3), and (f)(1). with monitoring system malfunctions, for determining average HAP, or BTEX, Compliance shall be demonstrated using or required monitoring system quality emission reduction, as appropriate, the requirements in paragraphs (f)(1) assurance or control activities may not shall calculate the average HAP, or through (3) of this section. As an be used in calculations used to report BTEX emission reduction, as alternative, an owner or operator that emissions or operating levels. All the appropriate, for the first 120 days of installs a condenser as the control data collected during all other required operation after the compliance dates. device to achieve the requirements data collection periods must be used in For sources required to meet the overall specified in § 63.771(d)(1)(ii), (e)(3), or assessing the operation of the control 95.0 percent reduction requirement, (f)(1) may demonstrate compliance device and associated control system. compliance is achieved if the 120-day according to paragraph (g) of this (6) Except for periods of monitoring average HAP emission reduction is section. An owner or operator may system malfunctions, repairs associated equal to or greater than 90.0 percent. For switch between compliance with with monitoring system malfunctions, sources required to meet the BTEX limit paragraph (f) of this section and and required quality monitoring system under § 63.765(b)(1)(iii), compliance is compliance with paragraph (g) of this quality assurance or quality control achieved if the average BTEX emission section only after at least 1 year of activities (including, as applicable, reduction is at least 95.0 percent of the operation in compliance with the system accuracy audits and required required 365-day value identified under selected approach. Notification of such zero and span adjustments), failure to paragraph (g)(1) of this section (i.e., at a change in the compliance method collect required data is a deviation of least 76.0 percent if the 365-day design shall be reported in the next Periodic the monitoring requirements. value is 80.0 percent). Report, as required in § 63.775(e), (g) Compliance demonstration with (B) After 120 days and no more than following the change. percent reduction or emission limit 364 days of operation after the * * * * * performance requirements—condensers. compliance dates specified in

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§ 63.760(f), the owner or operator shall maximum design rate. Hold at 100 stainless steel evacuated canister fitted calculate the average HAP emission percent for 5 minutes. In the 10–15 with a flow controller sufficient to fill reduction as the HAP emission minute time range, incrementally ramp the canister over a 3 hour period. Filling reduction averaged over the number of back down to 70 percent of the shall be conducted as specified in the days between the current day and the maximum design rate. Repeat three following: applicable compliance date. For sources more times for a total of 60 minutes of (1) Open the canister sampling valve required to meet the overall 95.0- sampling. at the beginning of the total percent reduction requirement, (iii) 30–70–30 percent (ramp up, ramp hydrocarbon (THC) test, and close the compliance with the performance down). Begin the test at 30 percent of canister at the end of each THC run. requirements is achieved if the average the maximum design rate. During the (2) Fill one canister across the three HAP emission reduction is equal to or first 5 minutes, incrementally ramp the test runs for each THC test such that one greater than 90.0 percent. For sources firing rate to 70 percent of the maximum composite fuel sample exists for each required to meet the BTEX limit under design rate. Hold at 70 percent for 5 test condition. § 63.765(b)(1)(iii), compliance is minutes. In the 10–15 minute time (3) Label the canisters individually achieved if the average BTEX emission range, incrementally ramp back down to and record on a chain of custody form. reduction is at least 95.0 percent of the 30 percent of the maximum design rate. (B) Each inlet gas sample shall be required 365-day value identified under Repeat three more times for a total of 60 analyzed using the following methods. paragraph (g)(1) of this section (i.e., at minutes of sampling. The results shall be included in the test least 76.0 percent if the 365-day design (iv) 0–30–0 percent (ramp up, ramp report. value is 80.0 percent). down). Begin the test at 0 percent of the (1) Hydrocarbon compounds (3) If the owner or operator has data maximum design rate. During the first 5 containing between one and five atoms for 365 days or more of operation, minutes, incrementally ramp the firing of carbon plus benzene using ASTM compliance is achieved based on the rate to 30 percent of the maximum D1945–03 (Reapproved 2010) applicable criteria in paragraphs (g)(3)(i) design rate. Hold at 30 percent for 5 (incorporated by reference as specified or (ii) of this section. minutes. In the 10–15 minute time in § 63.14). (i) For sources meeting the HAP range, incrementally ramp back down to (2) Hydrogen (H2), carbon monoxide emission reduction specified in 0 percent of the maximum design rate. (CO), carbon dioxide (CO2), nitrogen § 63.771(d)(1)(ii) or (e)(3) the average Repeat three more times for a total of 60 (N2), oxygen (O2) using ASTM D1945– HAP emission reduction calculated in minutes of sampling. 03 (Reapproved 2010) (incorporated by paragraph (g)(2)(iii) of this section is (3) All models employing multiple reference as specified in § 63.14). equal to or greater than 95.0 percent. enclosures shall be tested (3) Higher heating value using ASTM (ii) For sources required to meet the simultaneously and with all burners D3588–98 (Reapproved 2003) or ASTM BTEX limit under § 63.771(e)(3) or (f)(1), operational. Results shall be reported for D4891–89 (Reapproved 2006) compliance is achieved if the average the each enclosure individually and for (incorporated by reference as specified BTEX emission reduction calculated in the average of the emissions from all in § 63.14). paragraph (g)(2)(iii) of this section is interconnected combustion enclosures/ (5) Outlet testing shall be conducted equal to or greater than the minimum chambers. Control device operating data in accordance with the criteria in percent reduction identified in shall be collected continuously paragraphs (h)(5)(i) through (v) of this paragraph (g)(1) of this section. throughout the performance test using section. (h) Performance testing for an electronic Data Acquisition System (i) Sampling and flowrate measured in combustion control devices— and strip chart. Data shall be submitted accordance with the following: manufacturers’ performance test. (1) with the test report in accordance with (A) The outlet sampling location shall This paragraph applies to the paragraph (h)(8)(iii) of this section. be a minimum of 4 equivalent stack performance testing of a combustion (4) Inlet gas testing shall be conducted diameters downstream from the highest control device conducted by the device as specified in paragraphs (h)(4)(i) peak flame or any other flow manufacturer. The manufacturer shall through (iii) of this section. disturbance, and a minimum of one demonstrate that a specific model of (i) The inlet gas flow metering system equivalent stack diameter upstream of control device achieves the performance shall be located in accordance with the exit or any other flow disturbance. requirements in paragraph (h)(7) of this Method 2A, 40 CFR part 60, appendix A minimum of two sample ports shall section by conducting a performance A–1, (or other approved procedure) to be used. test as specified in paragraphs (h)(2) measure inlet gas flowrate at the control (B) Flowrate shall be measured using through (6) of this section. device inlet location. The fitting for Method 1, 40 CFR part 60, Appendix 1, (2) Performance testing shall consist filling inlet gas sample containers shall for determining flow measurement of three one-hour (or longer) test runs be located a minimum of 8 pipe traverse point location; and Method 2, for each of the four following firing rate diameters upstream of any inlet gas flow 40 CFR part 60, Appendix 1, shall be settings making a total of 12 test runs monitoring meter. used to measure duct velocity. If low per test. Propene (propylene) gas shall (ii) Inlet gas flowrate shall be flow conditions are encountered (i.e., be used for the testing fuel. All fuel determined using Method 2A, 40 CFR velocity pressure differentials less than analyses shall be performed by an part 60, appendix A–1. Record the start 0.05 inches of water) during the independent third-party laboratory (not and stop reading for each 60-minute performance test, a more sensitive affiliated with the control device THC test. Record the inlet gas pressure manometer or other pressure manufacturer or fuel supplier). and temperature at 5-minute intervals measurement device shall be used to (i) 90–100 percent of maximum throughout each 60-minute THC test. obtain an accurate flow profile. design rate (fixed rate). (iii) Inlet gas fuel sampling shall be (ii) Molecular weight shall be (ii) 70–100–70 percent (ramp up, conducted in accordance with the determined as specified in paragraphs ramp down). Begin the test at 70 percent criteria in paragraphs (h)(4)(iii)(A) and (h)(4)(iii)(B) and (h)(5)(ii)(A) and (B) of of the maximum design rate. During the (B) of this section. this section. first 5 minutes, incrementally ramp the (A) At the inlet gas sampling location, (A) An integrated bag sample shall be firing rate to 100 percent of the securely connect a Silonite-coated collected during the Method 4, 40 CFR

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part 60, Appendix A, moisture test. 10 (manual portion only) (incorporated (8) The owner or operator of a Analyze the bag sample using a gas by reference as specified in § 63.14). combustion control device model tested chromatograph-thermal conductivity (6) Total hydrocarbons (THC) shall be under this section shall submit the detector (GC–TCD) analysis meeting the determined as specified by the information listed in paragraphs (h)(8)(i) following criteria: following criteria: through (iii) of this section in the test (1) Collect the integrated sample (i) Conduct THC sampling using report required under § 63.775(d)(1)(iii). throughout the entire test, and collect Method 25A, 40 CFR part 60, Appendix (i) Full schematic of the control representative volumes from each A, except the option for locating the device and dimensions of the device traverse location. probe in the center 10 percent of the components. (2) The sampling line shall be purged stack shall not be allowed. The THC (ii) Design net heating value with stack gas before opening the valve probe must be traversed to 16.7 percent, (minimum and maximum) of the device. and beginning to fill the bag. 50 percent, and 83.3 percent of the stack (iii) Test fuel gas flow range (in both (3) The bag contents shall be diameter during each test. mass and volume). Include the vigorously mixed prior to the GC (ii) A valid test shall consist of three minimum and maximum allowable inlet analysis. Method 25A, 40 CFR part 60, Appendix gas flowrate. (4) The GC–TCD calibration A, tests, each no less than 60 minutes (iv) Air/stream injection/assist ranges, procedure in Method 3C, 40 CFR part in duration. if used. (v) The test parameter ranges listed in 60, Appendix A, shall be modified by (iii) A 0–10 parts per million by paragraphs (h)(8)(v)(A) through (O) of using EPAAlt–045 as follows: For the volume-wet (ppmvw) (as propane) this section, as applicable for the tested initial calibration, triplicate injections of measurement range is preferred; as an alternative a 0–30 ppmvw (as carbon) model. any single concentration must agree (A) Fuel gas delivery pressure and within 5 percent of their mean to be measurement range may be used. (iv) Calibration gases will be propane temperature. valid. The calibration response factor for (B) Fuel gas moisture range. a single concentration re-check must be in air and be certified through EPA Protocol 1—‘‘EPA Traceability Protocol (C) Purge gas usage range. within 10 percent of the original (D) Condensate (liquid fuel) calibration response factor for that for Assay and Certification of Gaseous Calibration Standards,’’ September separation range. concentration. If this criterion is not (E) Combustion zone temperature 1997, as amended August 25, 1999, met, the initial calibration using at least range. This is required for all devices EPA–600/R–97/121 (or more recent if three concentration levels shall be that measure this parameter. repeated. updated since 1999). (F) Excess combustion air range. (B) Report the molecular weight of: (v) THC measurements shall be (G) Flame arrestor(s). O , CO , methane (CH4), and N and reported in terms of ppmvw as propane. (H) Burner manifold pressure. 2 2 2 (vi) THC results shall be corrected to include in the test report submitted (I) Pilot flame sensor. 3 percent CO , as measured by Method under § 63.775(d)(iii). Moisture shall be 2 (J) Pilot flame design fuel and fuel 3C, 40 CFR part 60, Appendix A. determined using Method 4, 40 CFR usage. (vii) Subtraction of methane/ethane part 60, Appendix A. Traverse both (K) Tip velocity range. from the THC data is not allowed in ports with the Method 4, 40 CFR part (L) Momentum flux ratio. determining results. (M) Exit temperature range. 60, Appendix A, sampling train during (7) Performance test criteria: (N) Exit flowrate. each test run. Ambient air shall not be (i) The control device model tested (O) Wind velocity and direction. introduced into the Method 3C, 40 CFR must meet the criteria in paragraphs (vi) The test report shall include all part 60, Appendix A, integrated bag (h)(7)(i)(A) through (C) of this section: calibration quality assurance/quality sample during the port change. (A) Method 22, 40 CFR part 60, control data, calibration gas values, gas (iii) Carbon monoxide shall be Appendix A, results under paragraph cylinder certification, and strip charts determined using Method 10, 40 CFR (h)(5)(v) of this section with no annotated with test times and part 60, Appendix A, or ASTM D6522– indication of visible emissions, and calibration values. 00 (Reapproved 2005), (incorporated by (B) Average Method 25A, 40 CFR part (i) Compliance demonstration for reference as specified in § 63.14). The 60, Appendix A, results under combustion control devices— test shall be run at the same time and paragraph (h)(6) of this section equal to manufacturers’ performance test. This with the sample points used for the EPA or less than 10.0 ppmvw THC as paragraph applies to the demonstration Method 25A, 40 CFR part 60, Appendix propane corrected to 3.0 percent CO2, of compliance for a combustion control A, testing. An instrument range of 0–10 and device tested under the provisions in per million by volume-dry (ppmvd) (C) Average CO emissions determined paragraph (h) of this section. Owners or shall be used. under paragraph (h)(5)(iv) of this section operators shall demonstrate that a (iv) Visible emissions shall be equal to or less than 10 parts ppmvd, control device achieves the performance determined using Method 22, 40 CFR corrected to 3.0 percent CO2. requirements of § 63.771(d)(1), (e)(3)(ii) part 60, Appendix A. The test shall be (D) Excess combustion air shall be or (f)(1), by installing a device tested performed continuously during each equal to or greater than 150 percent. under paragraph (h) of this section and test run. A digital color photograph of (ii) The manufacturer shall determine complying with the following criteria: the exhaust point, taken from the a maximum inlet gas flowrate which (1) The inlet gas flowrate shall meet position of the observer and annotated shall not be exceeded for each control the range specified by the manufacturer. with date and time, will be taken once device model to achieve the criteria in Flowrate shall be calculated as specified per test run and the four photos paragraph (h)(7)(i) of this section. in § 63.773(d)(3)(i)(H)(1). included in the test report. (iii) A control device meeting the (2) A pilot flame shall be present at all (v) Excess air shall be determined criteria in paragraphs (h)(7)(i)(A) times of operation. The pilot flame shall using resultant data from the EPA through (C) of this section will have be monitored in accordance with Method 3C tests and EPA Method 3B, 40 demonstrated a destruction efficiency of § 63.773(d)(3)(i)(H)(2). CFR part 60, Appendix A, equation 3B– 95.0 percent for HAP regulated under (3) Devices shall be operated with no 1 or ANSI/ASME PTC 19.10, 1981-Part this subpart. visible emissions, except for periods not

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to exceed a total of 2 minutes during and maintenance plan for each control with provisions in § 63.8(c)(1) and (3); any hour. A visible emissions test using device. At a minimum, the plan shall and Method 22, 40 CFR part 60, Appendix contain the control device (E) Ongoing reporting and A, shall be performed each calendar manufacturer’s recommendations for recordkeeping procedures in accordance quarter. The observation period shall be ensuring proper operation of the device. with provisions in § 63.10(c), (e)(1), and 1 hour and shall be conducted Semi-annual inspections shall be (e)(2)(i). according to EPA Method 22, 40 CFR conducted for each control device with (iii) The owner or operator must part 60, Appendix A. maintenance and replacement of control conduct the CPMS equipment (4) Compliance with the operating device components made in accordance performance checks, system accuracy parameter limit is achieved when the with the plan. audits, or other audit procedures following criteria are met: * * * * * specified in the site-specific monitoring (i) The inlet gas flowrate monitored plan at least once every 12 months. (d) Control device monitoring (iv) The owner or operator must under paragraph (i)(1) of this section is requirements. (1) For each control equal to or below the maximum conduct a performance evaluation of device, except as provided for in each CPMS in accordance with the site- established by the manufacturer; and paragraph (d)(2) of this section, the (ii) The pilot flame is present at all specific monitoring plan. owner or operator shall install and (2) An owner or operator is exempt times; and operate a continuous parameter (iii) During the visible emissions test from the monitoring requirements monitoring system in accordance with performed under paragraph (i)(3) of this specified in paragraphs (d)(3) through the requirements of paragraphs (d)(3) section the duration of visible emissions (7) of this section for the following types through (7) of this section. Owners or does not exceed a total of 2 minutes of control devices: operators that install and operate a flare during the observation period. Devices (i) Except for control devices for small in accordance with § 63.771(d)(1)(iii) or glycol dehydration units, a boiler or failing the visible emissions test shall (f)(1)(iii) are exempt from the process heater in which all vent streams follow manufacturers repair requirements of paragraphs (d)(4) and are introduced with the primary fuel or instructions, if available, or best (5) of this section. The continuous is used as the primary fuel; or combustion engineering practice as monitoring system shall be designed (ii) Except for control devices for outlined in the unit inspection and and operated so that a determination small glycol dehydration units, a boiler maintenance plan, to return the unit to can be made on whether the control or process heater with a design heat compliant operation. All repairs and device is achieving the applicable input capacity equal to or greater than maintenance activities for each unit performance requirements of 44 megawatts. shall be recorded in a maintenance and § 63.771(d), (e)(3), or (f)(1). Each (3) * * * repair log and shall be available on site continuous parameter monitoring (i) * * * for inspection. system shall meet the following (A) For a thermal vapor incinerator (iv) Following return to operation specifications and requirements: that demonstrates during the from maintenance or repair activity, performance test conducted under * * * * * each device must pass a Method 22 § 63.772(e) that the combustion zone visual observation as described in (ii) A site-specific monitoring plan temperature is an accurate indicator of paragraph (i)(3) of this section. must be prepared that addresses the performance, a temperature monitoring ■ 19. Section 63.773 is amended by: monitoring system design, data device equipped with a continuous ■ a. Adding paragraph (b); collection, and the quality assurance recorder. The monitoring device shall ■ b. Revising paragraph (d)(1) and quality control elements outlined in have a minimum accuracy of ±2 percent introductory text; paragraph (d) of this section and in of the temperature being monitored in ■ c. Revising paragraph (d)(1)(ii) and § 63.8(d). Each CPMS must be installed, °C, or ±2.5 °C, whichever value is adding paragraphs (d)(1)(iii) and (iv); calibrated, operated, and maintained in greater. The temperature sensor shall be ■ d. Revising paragraph (d)(2); accordance with the procedures in your installed at a location representative of ■ e. Revising paragraph (d)(3)(i)(A); approved site-specific monitoring plan. the combustion zone temperature. ■ Using the process described in f. Revising paragraph (d)(3)(i)(D); * * * * * ■ g. Revising paragraph (d)(3)(i)(G); § 63.8(f)(4), you may request approval of (D) For a boiler or process heater, a ■ h. Adding paragraph (d)(3)(i)(H); monitoring system quality assurance temperature monitoring device ■ i. Revising paragraph (d)(4); and quality control procedures equipped with a continuous recorder. ■ j. Revising paragraph (d)(5)(i); alternative to those specified in The temperature monitoring device ■ k. Revising paragraphs (d)(5)(ii)(A) paragraphs (d)(1)(ii)(A) through (E) of shall have a minimum accuracy of ±2 through (C); this section in your site-specific ■ percent of the temperature being l. Revising paragraph (d)(6) monitoring plan. monitored in °C, or ±2.5 °C, whichever introductory text; (A) The performance criteria and value is greater. The temperature sensor ■ m. Revising paragraphs (d)(6)(ii) and design specifications for the monitoring shall be installed at a location (iii); system equipment, including the sample representative of the combustion zone ■ n. Adding paragraph (d)(6)(vi); interface, detector signal analyzer, and temperature. ■ o. Revising paragraph (d)(7); and data acquisition and calculations; ■ p. Removing paragraphs (d)(8) and (9). * * * * * (B) Sampling interface (e.g., (G) For a nonregenerative-type carbon The revisions and additions read as thermocouple) location such that the follows: adsorption system, the owner or monitoring system will provide operator shall monitor the design carbon § 63.773 Inspection and monitoring representative measurements; replacement interval established using a requirements. (C) Equipment performance checks, performance test performed in * * * * * system accuracy audits, or other audit accordance with § 63.772(e)(3) and shall (b) The owner or operator of a control procedures; be based on the total carbon working device whose model was tested under (D) Ongoing operation and capacity of the control device and § 63.772(h) shall develop an inspection maintenance procedures in accordance source operating schedule.

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(H) For a control device model whose (e)(3)(ii), or (f)(1), then the minimum occurred for the control device for that model is tested under § 63.772(h): operating parameter value or the operating day. (1) The owner or operator shall maximum operating parameter value * * * * * determine actual average inlet waste gas shall be established based on the (ii) For sources meeting flowrate using the model GRI– condenser design analysis and may be § 63.771(d)(1)(ii), an excursion occurs GLYCalc TM, Version 3.0 or higher, supplemented by the condenser when the 365-day average condenser ProMax, or AspenTech HYSYS. Inputs manufacturer’s recommendations. efficiency calculated according to the to the models shall be representative of (C) If the owner or operator operates requirements specified in actual operating conditions of the a control device where the performance § 63.772(g)(2)(iii) is less than 95.0 controlled unit. The determination shall test requirement was met under percent. For sources meeting be performed to coincide with the § 63.772(h) to demonstrate that the § 63.771(f)(1), an excursion occurs when visible emissions test under control device achieves the applicable the 365-day average condenser § 63.772(i)(3); performance requirements specified in efficiency calculated according to the (2) A heat sensing monitoring device § 63.771(d)(1), (e)(3)(ii), or (f)(1), then requirements specified in equipped with a continuous recorder the maximum inlet gas flowrate shall be § 63.772(g)(2)(iii) is less than 95.0 that indicates the continuous ignition of established based on the performance percent of the identified 365-day the pilot flame. test and supplemented, as necessary, by required percent reduction. * * * * * the manufacturer recommendations. (iii) For sources meeting (ii) * * * § 63.771(d)(1)(ii), if an owner or (4) Using the data recorded by the (A) If the owner or operator conducts operator has less than 365 days of data, monitoring system, except for inlet gas a performance test in accordance with an excursion occurs when the average flowrate, the owner or operator must the requirements of § 63.772(e)(3) to condenser efficiency calculated calculate the daily average value for demonstrate that the condenser achieves according to the procedures specified in each monitored operating parameter for the applicable performance § 63.772(g)(2)(iii)(A) or (B) is less than each operating day. If the emissions unit requirements in § 63.771(d)(1), (e)(3)(ii), 90.0 percent. For sources meeting operation is continuous, the operating or (f)(1), then the condenser § 63.771(f)(1), an excursion occurs when day is a 24-hour period. If the emissions performance curve shall be based on the 365-day average condenser unit operation is not continuous, the values measured during the efficiency calculated according to the operating day is the total number of performance test and supplemented as hours of control device operation per necessary by control device design requirements specified in 24-hour period. Valid data points must analysis, or control device § 63.772(g)(2)(iii) is less than the be available for 75 percent of the manufacturer’s recommendations, or a identified 365-day required percent operating hours in an operating day to combination of both. reduction. compute the daily average. (B) If the owner or operator uses a * * * * * (5) * * * control device design analysis in (vi) For control device whose model (i) The owner or operator shall accordance with the requirements of is tested under § 63.772(h) an excursion establish a minimum operating § 63.772(e)(4)(i) to demonstrate that the occurs when: parameter value or a maximum condenser achieves the applicable (A) The inlet gas flowrate exceeds the operating parameter value, as performance requirements specified in maximum established during the test appropriate for the control device, to § 63.771(d)(1), (e)(3)(ii), or (f)(1), then conducted under § 63.772(h). define the conditions at which the the condenser performance curve shall (B) Failure of the quarterly visible control device must be operated to be based on the condenser design emissions test conducted under continuously achieve the applicable analysis and may be supplemented by § 63.772(i)(3) occurs. performance requirements of the control device manufacturer’s (7) For each excursion, the owner or § 63.771(d)(1), (e)(3)(ii), or (f)(1). Each recommendations. operator shall be deemed to have failed minimum or maximum operating (C) As an alternative to paragraph to have applied control in a manner that parameter value shall be established as (d)(5)(ii)(B) of this section, the owner or achieves the required operating follows: operator may elect to use the procedures parameter limits. Failure to achieve the (A) If the owner or operator conducts documented in the GRI report entitled, required operating parameter limits is a performance tests in accordance with ‘‘Atmospheric Rich/Lean Method for violation of this standard. the requirements of § 63.772(e)(3) to Determining Glycol Dehydrator * * * * * demonstrate that the control device Emissions’’ (GRI–95/0368.1) as inputs ■ 20. Section 63.774 is amended by: achieves the applicable performance for the model GRI–GLYCalc TM, Version ■ a. Revising paragraph (b)(3) requirements specified in § 63.771(d)(1), 3.0 or higher, to generate a condenser introductory text; (e)(3)(ii) or (f)(1), then the minimum performance curve. ■ b. Removing and reserving paragraph operating parameter value or the (6) An excursion for a given control (b)(3)(ii); maximum operating parameter value device is determined to have occurred ■ c. Revising paragraph (b)(4)(ii) shall be established based on values when the monitoring data or lack of introductory text; ■ d. Adding paragraph (b)(4)(ii)(C); measured during the performance test monitoring data result in any one of the ■ and supplemented, as necessary, by a criteria specified in paragraphs (d)(6)(i) e. Revising paragraph (b)(4)(iii); ■ f. Adding paragraph (b)(7)(ix); and condenser design analysis or control through (vi) of this section being met. ■ g. Adding paragraphs (g) through (i). device manufacturer recommendations When multiple operating parameters are The revisions and additions read as or a combination of both. monitored for the same control device follows: (B) If the owner or operator uses a and during the same operating day and condenser design analysis in accordance more than one of these operating § 63.774 Recordkeeping requirements. with the requirements of § 63.772(e)(4) parameters meets an excursion criterion * * * * * to demonstrate that the control device specified in paragraphs (d)(6)(i) through (b) * * * achieves the applicable performance (vi) of this section, then a single (3) Records specified in § 63.10(c) for requirements specified in § 63.771(d)(1), excursion is determined to have each monitoring system operated by the

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owner or operator in accordance with § 63.773(b) is performed. Include a list (6) If there was a malfunction during the requirements of § 63.773(d). of any modifications or repairs made to the reporting period, the Periodic Report Notwithstanding the requirements of the control device during the inspection specified in paragraph (e) of this section § 63.10(c), monitoring data recorded and other maintenance performed such shall include the number, duration, and during periods identified in paragraphs as cleaning of the fuel nozzles. a brief description for each type of (b)(3)(i) through (iv) of this section shall ■ 21. Section 63.775 is amended by: malfunction which occurred during the not be included in any average or ■ a. Revising paragraph (b)(1); reporting period and which caused or percent leak rate computed under this ■ b. Revising paragraph (b)(6); may have caused any applicable subpart. Records shall be kept of the ■ c. Removing and reserving paragraph emission limitation to be exceeded. The times and durations of all such periods (b)(7); report must also include a description of and any other periods during process or ■ d. Revising paragraph (c)(1); actions taken by an owner or operator control device operation when monitors ■ e. Revising paragraph (c)(6); during a malfunction of an affected are not operating or failed to collect ■ f. Revising paragraph (c)(7)(i); source to minimize emissions in required data. ■ g. Revising paragraph (d)(1)(i); accordance with § 63.764(j), including * * * * * ■ h. Revising paragraph (d)(1)(ii) actions taken to correct a malfunction. (4) * * * introductory text; * * * * * (ii) Records of the daily average value ■ i. Revising paragraph (d)(5)(ii); (c) * * * of each continuously monitored ■ j. Adding paragraph (d)(5)(iv); (1) The initial notifications required parameter for each operating day ■ k. Revising paragraph (d)(11); under § 63.9(b)(2) not later than January determined according to the procedures ■ l. Adding paragraphs (d)(13) and 3, 2008. In addition to submitting your specified in § 63.773(d)(4) of this (d)(14); initial notification to the addressees subpart, except as specified in ■ m. Revising paragraphs (e)(2) specified under § 63.9(a), you must also paragraphs (b)(4)(ii)(A) through (C) of introductory text, (e)(2)(ii)(B) and (C); submit a copy of the initial notification this section. ■ n. Adding paragraphs (e)(2)(ii)(E) and to the EPA’s Office of Air Quality * * * * * (F); Planning and Standards. Send your (C) For a control device whose model ■ o. Adding paragraphs (e)(2)(xi) notification via email to Oil and Gas is tested under § 63.772(h), the records through (xiv); and [email protected] or via U.S. mail or other required in paragraph (h) of this section. ■ p. Adding paragraph (g). mail delivery service to U.S. EPA, (iii) Hourly records of the times and The revisions and additions read as Sector Policies and Programs Division/ durations of all periods when the vent follows: Fuels and Incineration Group (E143– stream is diverted from the control 01), Attn: Oil and Gas Project Leader, device or the device is not operating. § 63.775 Reporting requirements. Research Triangle Park, NC 27711. * * * * * * * * * * * * * * * (7) * * * (b) * * * (6) If there was a malfunction during (ix) Records identifying the carbon (1) The initial notifications required the reporting period, the Periodic Report replacement schedule under for existing affected sources under specified in paragraph (e) of this section § 63.771(d)(5) and records of each § 63.9(b)(2) shall be submitted as shall include the number, duration, and carbon replacement. provided in paragraphs (b)(1)(i) and (ii) a brief description for each type of * * * * * of this section. malfunction which occurred during the (g) The owner or operator of an (i) Except as otherwise provided in reporting period and which caused or affected source subject to this subpart paragraph (b)(1)(ii) of this section, the may have caused any applicable shall maintain records of the occurrence initial notifications shall be submitted emission limitation to be exceeded. The and duration of each malfunction of by 1 year after an affected source report must also include a description of operation (i.e., process equipment) or becomes subject to the provisions of this actions taken by an owner or operator the air pollution control equipment and subpart or by June 17, 2000, whichever during a malfunction of an affected monitoring equipment. The owner or is later. Affected sources that are major source to minimize emissions in operator shall maintain records of sources on or before June 17, 2000, and accordance with § 63.764(j), including actions taken during periods of plan to be area sources by June 17, 2002, actions taken to correct a malfunction. malfunction to minimize emissions in shall include in this notification a brief, (7) * * * accordance with § 63.764(j), including nonbinding description of a schedule (i) Documentation of the source’s corrective actions to restore for the action(s) that are planned to location relative to the nearest UA plus malfunctioning process and air achieve area source status. offset and UC boundaries. This pollution control and monitoring (ii) An affected source identified information shall include the latitude equipment to its normal or usual under § 63.760(f)(7) or (9) shall submit and longitude of the affected source; manner of operation. an initial notification required for whether the source is located in an (h) Record the following when using existing affected sources under urban cluster with 10,000 people or a control device whose model is tested § 63.9(b)(2) within 1 year after the more; the distance in miles to the under § 63.772(h) to comply with affected source becomes subject to the nearest urbanized area boundary if the § 63.771(d), (e)(3)(ii), and (f)(1): provisions of this subpart or by October source is not located in an urban cluster (1) All visible emission readings and 15, 2013, whichever is later. An affected with 10,000 people or more; and the flowrate calculations made during the source identified under § 63.760(f)(7) or name of the nearest urban cluster with compliance determination required by (9) that plans to be an area source by 10,000 people or more and nearest § 63.772(i); and October 15, 2015, shall include in this urbanized area. (2) All hourly records and other notification a brief, nonbinding * * * * * recorded periods when the pilot flame description of a schedule for the (d) * * * is absent. action(s) that are planned to achieve (1) * * * (i) The date the semi-annual area source status. (i) The condenser design analysis maintenance inspection required under * * * * * documentation specified in

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§ 63.772(e)(4) of this subpart, if the (iii) Control device serial number. (g) Electronic reporting. (1) Within 60 owner or operator elects to prepare a (iv) Date the model of control device days after the date of completing each design analysis. was tested by the manufacturer. performance test (defined in § 63.2) as (ii) If the owner or operator is (v) Manufacturer’s HAP destruction required by this subpart you must required to conduct a performance test, efficiency rating. submit the results of the performance (vi) Control device operating the performance test results including tests required by this subpart to EPA’s parameters, maximum allowable inlet the information specified in paragraphs WebFIRE database by using the gas flowrate. (d)(1)(ii)(A) and (B) of this section. Compliance and Emissions Data Results of a performance test conducted (e) * * * (2) The owner or operator shall Reporting Interface (CEDRI) that is prior to the compliance date of this accessed through EPA’s Central Data subpart can be used provided that the include the information specified in Exchange (CDX) (www.epa.gov/cdx). test was conducted using the methods paragraphs (e)(2)(i) through (ix) of this Performance test data must be submitted specified in § 63.772(e)(3) and that the section, as applicable. in the file format generated through use test conditions are representative of * * * * * current operating conditions. If the (ii) * * * of EPA’s Electronic Reporting Tool owner or operator operates a (B) For each excursion caused when (ERT) (see http://www.epa.gov/ttn/chief/ combustion control device model tested the 365-day average condenser control ert/index.html). Only data collected under § 63.772(h), an electronic copy of efficiency is less than the value using test methods on the ERT Web site the performance test results shall be specified in § 63.773(d)(6)(ii), the report are subject to this requirement for submitted via email to must include the 365-day average values submitting reports electronically to [email protected] unless the of the condenser control efficiency, and WebFIRE. Owners or operators who test results for that model of combustion the date and duration of the period that claim that some of the information being the excursion occurred. control device are posted at the submitted for performance tests is (C) For each excursion caused when following Web site: epa.gov/airquality/ confidential business information (CBI) condenser control efficiency is less than must submit a complete ERT file oilandgas/. the value specified in § 63.773(d)(6)(iii), * * * * * the report must include the average including information claimed to be CBI (5) * * * values of the condenser control on a compact disk or other commonly (ii) An explanation of the rationale for efficiency, and the date and duration of used electronic storage media why the owner or operator selected each the period that the excursion occurred. (including, but not limited to, flash of the operating parameter values * * * * * drives) to EPA. The electronic media established in § 63.773(d)(5). This (E) For each excursion caused when must be clearly marked as CBI and explanation shall include any data and the maximum inlet gas flowrate mailed to U.S. EPA/OAPQS/CORE CBI calculations used to develop the value identified under § 63.772(h) is Office, Attention: WebFIRE and a description of why the chosen exceeded, the report must include the Administrator, MD C404–02, 4930 Old value indicates that the control device is values of the inlet gas identified and the Page Rd., Durham, NC 27703. The same operating in accordance with the date and duration of the period that the ERT file with the CBI omitted must be applicable requirements of excursion occurred. submitted to EPA via CDX as described § 63.771(d)(1), (e)(3)(ii) or (f)(1). (F) For each excursion caused when earlier in this paragraph. At the * * * * * visible emissions determined under discretion of the delegated authority, (iv) For each carbon adsorber, the § 63.772(i) exceed the maximum you must also submit these reports, predetermined carbon replacement allowable duration, the report must including the confidential business schedule as required in § 63.771(d)(5)(i). include the date and duration of the information, to the delegated authority * * * * * period that the excursion occurred, in the format specified by the delegated repairs affected to the unit, and date the (11) The owner or operator shall authority. submit the analysis prepared under unit was returned to service. § 63.771(e)(2) to demonstrate the * * * * * (2) All reports required by this conditions by which the facility will be (xi) The results of any periodic test as subpart not subject to the requirements operated to achieve the HAP emission required in § 63.772(e)(3) conducted in paragraph (g)(1) of this section must reduction of 95.0 percent, or the BTEX during the reporting period. be sent to the Administrator at the limit in § 63.765(b)(1)(iii), through (xii) For each carbon adsorber used to appropriate address listed in § 63.13. process modifications or a combination meet the control device requirements of The Administrator or the delegated of process modifications and one or § 63.771(d)(1), records of each carbon authority may request a report in any more control devices. replacement that occurred during the form suitable for the specific case (e.g., * * * * * reporting period. by commonly used electronic media (13) If the owner or operator installs (xiii) For combustion control device such as Excel spreadsheet, on CD or a combustion control device model inspections conducted in accordance hard copy). The Administrator retains tested under the procedures in with § 63.773(b) the records specified in the right to require submittal of reports § 63.772(h), the data listed under § 63.774(i). subject to paragraph (g)(1) of this section (xiv) Certification by a responsible § 63.772(h)(8). in paper format. (14) For each combustion control official of truth, accuracy, and device model tested under § 63.772(h), completeness. This certification shall ■ 22. Appendix to subpart HH of part 63 the information listed in paragraphs state that, based on information and is amended by revising Table 2 to read (d)(14)(i) through (vi) of this section. belief formed after reasonable inquiry, as follows: the statements and information in the (i) Name, address and telephone Appendix to Subpart HH of Part 63— number of the control device document are true, accurate, and Tables manufacturer. complete. (ii) Control device model number. * * * * * * * * * *

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TABLE 2 TO SUBPART HH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH

Applicable to General provisions reference subpart HH Explanation

§ 63.1(a)(1) ...... Yes. § 63.1(a)(2) ...... Yes. § 63.1(a)(3) ...... Yes. § 63.1(a)(4) ...... Yes. § 63.1(a)(5) ...... No ...... Section reserved. § 63.1(a)(6) ...... Yes. § 63.1(a)(7) through (a)(9) ...... No ...... Section reserved. § 63.1(a)(10) ...... Yes. § 63.1(a)(11) ...... Yes. § 63.1(a)(12) ...... Yes. § 63.1(b)(1) ...... No ...... Subpart HH specifies applicability. § 63.1(b)(2) ...... No ...... Section reserved. § 63.1(b)(3) ...... Yes. § 63.1(c)(1) ...... No ...... Subpart HH specifies applicability. § 63.1(c)(2) ...... Yes ...... Subpart HH exempts area sources from the requirement to obtain a Title V permit unless otherwise required by law as specified in § 63.760(h). § 63.1(c)(3) and (c)(4) ...... No ...... Section reserved. § 63.1(c)(5) ...... Yes. § 63.1(d) ...... No ...... Section reserved. § 63.1(e) ...... Yes. § 63.2 ...... Yes ...... Except definition of major source is unique for this source category and there are additional definitions in subpart HH. § 63.3(a) through (c) ...... Yes. § 63.4(a)(1) through (a)(2) ...... Yes. § 63.4(a)(3) through (a)(5) ...... No ...... Section reserved. § 63.4(b) ...... Yes. § 63.4(c) ...... Yes. § 63.5(a)(1) ...... Yes. § 63.5(a)(2) ...... Yes. § 63.5(b)(1) ...... Yes. § 63.5(b)(2) ...... No ...... Section reserved. § 63.5(b)(3) ...... Yes. § 63.5(b)(4) ...... Yes. § 63.5(b)(5) ...... No ...... Section Reserved. § 63.5(b)(6) ...... Yes. § 63.5(c) ...... No ...... Section reserved. § 63.5(d)(1) ...... Yes. § 63.5(d)(2) ...... Yes. § 63.5(d)(3) ...... Yes. § 63.5(d)(4) ...... Yes. § 63.5(e) ...... Yes. § 63.5(f)(1) ...... Yes. § 63.5(f)(2) ...... Yes. § 63.6(a) ...... Yes. § 63.6(b)(1) ...... Yes. § 63.6(b)(2) ...... Yes. § 63.6(b)(3) ...... Yes. § 63.6(b)(4) ...... Yes. § 63.6(b)(5) ...... Yes. § 63.6(b)(6) ...... No ...... Section reserved. § 63.6(b)(7) ...... Yes. § 63.6(c)(1) ...... Yes. § 63.6(c)(2) ...... Yes. § 63.6(c)(3) through (c)(4) ...... No ...... Section reserved. § 63.6(c)(5) ...... Yes. § 63.6(d) ...... No ...... Section reserved. § 63.6(e)(1)(i) ...... No ...... See § 63.764(j) for general duty requirement. § 63.6(e)(1)(ii) ...... No. § 63.6(e)(1)(iii) ...... Yes. § 63.6(e)(2) ...... No ...... Section reserved. § 63.6(e)(3) ...... No. § 63.6(f)(1) ...... No. § 63.6(f)(2) ...... Yes. § 63.6(f)(3) ...... Yes. § 63.6(g) ...... Yes. § 63.6(h)(1) ...... No. § 63.6(h)(2) through (h)(9) ...... Yes. § 63.6(i)(1) through (i)(14) ...... Yes. § 63.6(i)(15) ...... No ...... Section reserved. § 63.6(i)(16) ...... Yes. § 63.6(j) ...... Yes.

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TABLE 2 TO SUBPART HH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH— Continued

Applicable to General provisions reference subpart HH Explanation

§ 63.7(a)(1) ...... Yes. § 63.7(a)(2) ...... Yes ...... But the performance test results must be submitted within 180 days after the compliance date. § 63.7(a)(3) ...... Yes. § 63.7(a)(4) ...... Yes. § 63.7(c) ...... Yes. § 63.7(d) ...... Yes. § 63.7(e)(1) ...... No. § 63.7(e)(2) ...... Yes. § 63.7(e)(3) ...... Yes. § 63.7(e)(4) ...... Yes. § 63.7(f) ...... Yes. § 63.7(g) ...... Yes. § 63.7(h) ...... Yes. § 63.8(a)(1) ...... Yes. § 63.8(a)(2) ...... Yes. § 63.8(a)(3) ...... No ...... Section reserved. § 63.8(a)(4) ...... Yes. § 63.8(b)(1) ...... Yes. § 63.8(b)(2) ...... Yes. § 63.8(b)(3) ...... Yes. § 63.8(c)(1) ...... No. § 63.8(c)(1)(i) ...... No. § 63.8(c)(1)(ii) ...... Yes. § 63.8(c)(1)(iii) ...... No. § 63.8(c)(2) ...... Yes. § 63.8(c)(3) ...... Yes. § 63.8(c)(4) ...... Yes. § 63.8(c)(4)(i) ...... No ...... Subpart HH does not require continuous opacity monitors. § 63.8(c)(4)(ii) ...... Yes. § 63.8(c)(5) through (c)(8) ...... Yes. § 63.8(d)(1) ...... Yes. § 63.8(d)(2) ...... Yes. § 63.8(d)(3) ...... Yes ...... Except for last sentence, which refers to an SSM plan. SSM plans are not required. § 63.8(e) ...... Yes ...... Subpart HH does not specifically require continuous emissions monitor performance evaluation, however, the Administrator can request that one be conducted. § 63.8(f)(1) through (f)(5) ...... Yes. § 63.8(f)(6) ...... Yes. § 63.8(g) ...... No ...... Subpart HH specifies continuous monitoring system data reduction requirements. § 63.9(a) ...... Yes. § 63.9(b)(1) ...... Yes. § 63.9(b)(2) ...... Yes ...... Existing sources are given 1 year (rather than 120 days) to submit this notification. Major and area sources that meet § 63.764(e) do not have to submit initial notifications. § 63.9(b)(3) ...... No ...... Section reserved. § 63.9(b)(4) ...... Yes. § 63.9(b)(5) ...... Yes. § 63.9(c) ...... Yes. § 63.9(d) ...... Yes. § 63.9(e) ...... Yes. § 63.9(f) ...... Yes. § 63.9(g) ...... Yes. § 63.9(h)(1) through (h)(3) ...... Yes ...... Area sources located outside UA plus offset and UC boundaries are not required to submit notifications of compliance status. § 63.9(h)(4) ...... No ...... Section reserved. § 63.9(h)(5) through (h)(6) ...... Yes. § 63.9(i) ...... Yes. § 63.9(j) ...... Yes. § 63.10(a) ...... Yes. § 63.10(b)(1) ...... Yes ...... § 63.774(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(b)(2) ...... Yes. § 63.10(b)(2)(i) ...... No. § 63.10(b)(2)(ii) ...... No ...... See § 63.774(g) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunctions. § 63.10(b)(2)(iii) ...... Yes. § 63.10(b)(2)(iv) through (b)(2)(v) ...... No. § 63.10(b)(2)(vi) through (b)(2)(xiv) ...... Yes.

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TABLE 2 TO SUBPART HH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH— Continued

Applicable to General provisions reference subpart HH Explanation

§ 63.10(b)(3) ...... Yes ...... § 63.774(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(c)(1) ...... Yes. § 63.10(c)(2) through (c)(4) ...... No ...... Sections reserved. § 63.10(c)(5) through (c)(8) ...... Yes. § 63.10(c)(9) ...... No ...... Section reserved. § 63.10(c)(10) through (11) ...... No ...... See § 63.774(g) for recordkeeping of malfunctions. § 63.10(c)(12) through (14) ...... Yes. § 63.10(c)(15) ...... No. § 63.10(d)(1) ...... Yes. § 63.10(d)(2) ...... Yes ...... Area sources located outside UA plus offset and UC boundaries do not have to submit performance test reports. § 63.10(d)(3) ...... Yes. § 63.10(d)(4) ...... Yes. § 63.10(d)(5) ...... No ...... See § 63.775(b)(6) or (c)(6) for reporting of malfunctions. § 63.10(e)(1) ...... Yes ...... Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(2) ...... Yes ...... Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(3)(i) ...... Yes ...... Subpart HH requires major sources to submit Periodic Reports semi-annually. Area sources are required to submit Periodic Reports annually. Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(3)(i)(A) ...... Yes. § 63.10(e)(3)(i)(B) ...... Yes. § 63.10(e)(3)(i)(C) ...... No. § 63.10(e)(3)(i)(D) ...... Yes ...... Section reserved. § 63.10(e)(3)(ii) through (viii) ...... Yes. § 63.10(e)(4) ...... Yes. § 63.10(f) ...... Yes. § 63.11(a) and (b) ...... Yes. § 63.11(c), (d), and (e) ...... Yes. § 63.12(a) through (c) ...... Yes. § 63.13(a) through (c) ...... Yes. § 63.14(a) through (q) ...... Yes. § 63.15(a) and (b) ...... Yes. § 63.16 ...... Yes.

Subpart HHH–-[Amended] paragraph (a)(1) or (2) of this section major source, must comply thereafter and paragraphs (a)(3) and (4) of this with all applicable provisions of this ■ 23. Section 63.1270 is amended by: section. As an alternative to calculating subpart starting on the applicable ■ a. Revising paragraph (a) introductory the maximum natural gas throughput, compliance date specified in paragraph text; the owner or operator of a new or (d) of this section. Nothing in this ■ b. Revising paragraph (a)(4); existing source may use the facility ■ paragraph is intended to preclude a c. Revising paragraph (b); design maximum natural gas throughput ■ d. Revising paragraphs (d)(1) and (2); source from limiting its potential to emit to estimate the maximum potential through other appropriate mechanisms and emissions. Other means to determine ■ e. Adding paragraphs (d)(3) and (4). that may be available through the The revisions and additions read as the facility’s major source status are permitting authority. allowed, provided the information is follows: * * * * * documented and recorded to the § 63.1270 Applicability and designation of Administrator’s satisfaction in (4) The owner or operator shall affected source. accordance with § 63.10(b)(3). A determine the maximum values for (a) This subpart applies to owners and compressor station that transports other parameters used to calculate operators of natural gas transmission natural gas prior to the point of custody potential emissions as the maximum and storage facilities that transport or transfer or to a natural gas processing over the same period for which store natural gas prior to entering the plant (if present) is not considered a maximum throughput is determined as pipeline to a local distribution company part of the natural gas transmission and specified in paragraph (a)(1) or (a)(2) of or to a final end user (if there is no local storage source category. A facility that is this section. These parameters shall be distribution company), and that are determined to be an area source, but based on an annual average or the major sources of hazardous air subsequently increases its emissions or highest single measured value. For pollutants (HAP) emissions as defined its potential to emit above the major estimating maximum potential in § 63.1271. Emissions for major source source levels (without obtaining and emissions from glycol dehydration determination purposes can be complying with other limitations that units, the glycol circulation rate used in estimated using the maximum natural keep its potential to emit HAP below the calculation shall be the unit’s gas throughput calculated in either major source levels), and becomes a maximum rate under its physical and

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operational design consistent with the defense,’’ ‘‘BTEX,’’ ‘‘flare,’’ ‘‘large glycol who performs similar policy or definition of potential to emit in § 63.2. dehydration units,’’ ‘‘responsible decision-making functions for the (b) The affected source is each new official’’ and ‘‘small glycol dehydration corporation, or a duly authorized and existing glycol dehydration unit units;’’ and representative of such person if the specified in paragraphs (b)(1) through ■ b. Revising the definition for ‘‘glycol representative is responsible for the (3) of this section. dehydration unit baseline operations.’’ overall operation of one or more (1) Each large glycol dehydration unit; The additions and revision read as manufacturing, production, or operating (2) Each small glycol dehydration unit follows: facilities applying for or subject to a for which construction commenced on permit and either: § 63.1271 Definitions. or before August 23, 2011, is an existing (i) The facilities employ more than small glycol dehydration unit. * * * * * 250 persons or have gross annual sales (3) Each small glycol dehydration unit Affirmative defense means, in the or expenditures exceeding $25 million for which construction commenced after context of an enforcement proceeding, a (in second quarter 1980 dollars); or August 23, 2011, is a new small glycol response or defense put forward by a (ii) The delegation of authority to dehydration unit. defendant, regarding which the such representatives is approved in * * * * * defendant has the burden of proof, and advance by the permitting authority; (d) * * * the merits of which are independently (2) For a partnership or sole (1) Except as specified in paragraphs and objectively evaluated in a judicial proprietorship: A general partner or the (d)(3) through (4) of this section, the or administrative proceeding. proprietor, respectively; owner or operator of an affected source, * * * * * (3) For a municipality, State, Federal, the construction or reconstruction of BTEX means benzene, toluene, ethyl or other public agency: Either a which commenced before February 6, benzene, and xylene. principal executive officer or ranking 1998, shall achieve compliance with * * * * * elected official. For the purposes of this this provisions of the subpart no later Flare means a thermal oxidation part, a principal executive officer of a than June 17, 2002 except as provided system using an open flame (i.e., Federal agency includes the chief for in § 63.6(i). The owner or operator of without enclosure). executive officer having responsibility an area source, the construction or * * * * * for the overall operations of a principal reconstruction of which commenced Glycol dehydration unit baseline geographic unit of the agency (e.g., a before February 6, 1998, that increases operations means operations Regional Administrator of EPA); or its emissions of (or its potential to emit) representative of the large glycol (4) For affected sources: (i) The designated representative in so HAP such that the source becomes a dehydration unit operations as of June far as actions, standards, requirements, major source that is subject to this 17, 1999 and the small glycol or prohibitions under title IV of the Act subpart shall comply with this subpart dehydration unit operations as of or the regulations promulgated 3 years after becoming a major source. August 23, 2011. For the purposes of thereunder are concerned; and (2) Except as specified in paragraphs this subpart, for determining the (ii) The designated representative for (d)(3) through (4) of this section, the percentage of overall HAP emission any other purposes under part 70. owner or operator of an affected source, reduction attributable to process the construction or reconstruction of modifications, glycol dehydration unit * * * * * which commences on or after February baseline operations shall be parameter Small glycol dehydration unit means 6, 1998, shall achieve compliance with values (including, but not limited to, a glycol dehydration unit, located at a the provisions of this subpart glycol circulation rate or glycol-HAP major source, with an actual annual immediately upon initial startup or June absorbency) that represent actual long- average natural gas flowrate less than 17, 1999, whichever date is later. Area term conditions (i.e., at least 1 year). 283.0 thousand standard cubic meters sources, the construction or Glycol dehydration units in operation per day or actual annual average reconstruction of which commences on for less than 1 year shall document that benzene emissions less than 0.90 Mg/yr, or after February 6, 1998, that become the parameter values represent expected determined according to § 63.1282(a). major sources shall comply with the long-term operating conditions had * * * * * provisions of this standard immediately process modifications not been made. ■ 25. Section 63.1272 is revised to read upon becoming a major source. * * * * * as follows: (3) Each affected small glycol Large glycol dehydration unit means a § 63.1272 Affirmative defense for dehydration unit, as defined in glycol dehydration unit with an actual § 63.1271, located at a major source, that violations of emission standards during annual average natural gas flowrate malfunction. commenced construction before August equal to or greater than 283.0 thousand (a) The provisions set forth in this 23, 2011, must achieve compliance no standard cubic meters per day and later than October 15, 2015, except as subpart shall apply at all times. actual annual average benzene (b) [Reserved] provided in § 63.6(i). emissions equal to or greater than 0.90 (4) Each affected small glycol (c) [Reserved] Mg/yr, determined according to (d) In response to an action to enforce dehydration unit, as defined in § 63.1282(a). A glycol dehydration unit the standards set forth in this subpart, § 63.1271, located at a major source, that complying with the 0.9 Mg/yr control you may assert an affirmative defense to commenced construction on or after option under 63.1275(b)(1)(ii) is a claim for civil penalties for violations August 23, 2011, must achieve considered to be a large dehydrator. of such standards that are caused by compliance immediately upon initial malfunction, as defined at § 63.2. startup or October 15, 2012, whichever * * * * * Appropriate penalties may be assessed; is later. Responsible official means one of the following: however, if you fail to meet your burden * * * * * (1) For a corporation: A president, of proving all of the requirements in the ■ 24. Section 63.1271 is amended by: secretary, treasurer, or vice-president of affirmative defense, the affirmative ■ a. Adding, in alphabetical order, the corporation in charge of a principal defense shall not be available for claims definitions for the terms ‘‘affirmative business function, or any other person for injunctive relief.

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(1) To establish the affirmative Administrator with all necessary to the Administrator which may defense in any action to enforce such a supporting documentation, that it has include, but is not limited to, standard, you must timely meet the met the requirements set forth in monitoring results, review of operation reporting requirements in paragraph paragraph (d)(1) of this section. This and maintenance procedures, review of (d)(2) of this section, and must prove by affirmative defense report shall be operation and maintenance records, and a preponderance of evidence that: included in the first periodic inspection of the source. (i) The violation: compliance, deviation report or excess ■ 27. Section 63.1275 is amended by: (A) Was caused by a sudden, emission report otherwise required after ■ a. Revising paragraph (a); infrequent, and unavoidable failure of the initial occurrence of the violation of ■ b. Revising paragraph (b)(1); air pollution control equipment, process the relevant standard (which may be the ■ c. Revising paragraph (c)(2); and equipment, or a process to operate in a end of any applicable averaging period). ■ d. Revising paragraph (c)(3). normal or usual manner; and If such compliance, deviation report or (B) Could not have been prevented excess emission report is due less than The revisions read as follows: through careful planning, proper design 45 days after the initial occurrence of § 63.1275 Glycol dehydration unit process or better operation and maintenance the violation, the affirmative defense vent standards. practices; and report may be included in the second (a) This section applies to each glycol (C) Did not stem from any activity or compliance, deviation report or excess dehydration unit subject to this subpart event that could have been foreseen and emission report due after the initial that must be controlled for air emissions avoided, or planned for; and occurrence of the violation of the as specified in paragraph (c)(1) of (D) Was not part of a recurring pattern relevant standard. § 63.1274. indicative of inadequate design, ■ 26. Section 63.1274 is amended by: (b) * * * operation, or maintenance; and ■ a. Revising paragraph (c) introductory (ii) Repairs were made as text; (1) For each glycol dehydration unit expeditiously as possible when a ■ b. Removing and reserving paragraph process vent, the owner or operator violation occurred. Off-shift and (d); shall control air emissions by either overtime labor were used, to the extent ■ c. Revising paragraph (g); and paragraph (b)(1)(i) or (iii) of this section. practicable to make these repairs; and ■ d. Adding paragraph (h). (i) The owner or operator of a large (iii) The frequency, amount and The revisions and addition read as glycol dehydration unit, as defined in duration of the violation (including any follows: § 63.1271, shall connect the process bypass) were minimized to the vent to a control device or a § 63.1274 General standards. maximum extent practicable; and combination of control devices through (iv) If the violation resulted from a * * * * * a closed-vent system. The closed-vent bypass of control equipment or a (c) The owner or operator of an system shall be designed and operated process, then the bypass was affected source (i.e., glycol dehydration in accordance with the requirements of unavoidable to prevent loss of life, unit) located at an existing or new major § 63.1281(c). The control device(s) shall personal injury, or severe property source of HAP emissions shall comply be designed and operated in accordance damage; and with the requirements in this subpart as with the requirements of § 63.1281(d). (v) All possible steps were taken to follows: (ii) The owner or operator of a large minimize the impact of the violation on * * * * * glycol dehydration unit shall connect ambient air quality, the environment, (d) [Reserved] the process vent to a control device or and human health; and * * * * * a combination of control devices (vi) All emissions monitoring and (g) In all cases where the provisions through a closed-vent system and the control systems were kept in operation of this subpart require an owner or outlet benzene emissions from the if at all possible, consistent with safety operator to repair leaks by a specified control device(s) shall be less than 0.90 and good air pollution control practices; time after the leak is detected, it is a megagrams per year. The closed-vent and violation of this standard to fail to take system shall be designed and operated (vii) All of the actions in response to action to repair the leak(s) within the in accordance with the requirements of the violation were documented by specified time. If action is taken to § 63.1281(c). The control device(s) shall properly signed, contemporaneous repair the leak(s) within the specified be designed and operated in accordance operating logs; and time, failure of that action to with the requirements of § 63.1281(d), (viii) At all times, the affected source successfully repair the leak(s) is not a except that the performance was operated in a manner consistent violation of this standard. However, if requirements specified in with good practices for minimizing the repairs are unsuccessful, and a leak § 63.1281(d)(1)(i) and (ii) do not apply. emissions; and is detected, the owner or operator shall (iii) You must limit BTEX emissions (ix) A written root cause analysis has take further action as required by the from each existing small glycol been prepared, the purpose of which is applicable provisions of this subpart. dehydration unit, as defined in to determine, correct, and eliminate the (h) At all times the owner or operator § 63.1271, to the limit determined in primary causes of the malfunction and must operate and maintain any affected Equation 1 of this section. You must the violation resulting from the source, including associated air limit BTEX emissions from each new malfunction event at issue. The analysis pollution control equipment and small glycol dehydration unit process shall also specify, using best monitoring monitoring equipment, in a manner vent, as defined in § 63.1271, to the methods and engineering judgment, the consistent with safety and good air limit determined in Equation 2 of this amount of any emissions that were the pollution control practices for section. The limits determined using result of the malfunction. minimizing emissions. Determination of Equation 1 or Equation 2, of this section, (2) Report. The owner or operator whether such operation and must be met in accordance with one of seeking to assert an affirmative defense maintenance procedures are being used the alternatives specified in paragraphs shall submit a written report to the will be based on information available (b)(1)(iii)(A) through (D) of this section.

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¥4 Where: 3.10 × 10 = BTEX emission limit, grams Ci,BTEX = Annual average BTEX concentration BTEX/standard cubic meter-ppmv; ELBTEX = Unit-specific BTEX emission limit, of the natural gas at the inlet to the megagrams per year; Throughput = Annual average daily natural glycol dehydration unit, ppmv. gas throughput, standard cubic meters per day;

Where: (3) Control of HAP emissions from a from the material in an emissions unit ELBTEX = Unit-specific BTEX emission limit, GCG separator (flash tank) vent is not to a control device that meets the megagrams per year; required if the owner or operator requirements specified in paragraph (d) ¥ 5.44 × 10 5 = BTEX emission limit, grams demonstrates, to the Administrator’s of this section. BTEX/standard cubic meter-ppmv; satisfaction, that total emissions to the * * * * * Throughput = Annual average daily natural atmosphere from the glycol dehydration (d) Control device requirements for gas throughput, standard cubic meters per day; unit process vent are reduced by one of sources except small glycol dehydration the levels specified in paragraph (c)(3)(i) Ci,BTEX = Annual average BTEX concentration units. Owners and operators of small of the natural gas at the inlet to the through (iv) through the installation and glycol dehydration units shall comply glycol dehydration unit, ppmv. operation of controls as specified in with the control requirements in paragraph (b)(1) of this section. paragraph (f) of this section. (A) Connect the process vent to a (i) For any large glycol dehydration (1) * * * control device or combination of control unit, HAP emissions are reduced by (i) * * * devices through a closed-vent system. 95.0 percent or more. (C) Operates at a minimum The closed vent system shall be (ii) For any large glycol dehydration temperature of 760 degrees C, provided designed and operated in accordance unit, benzene emissions are reduced to the control device has demonstrated, with the requirements of § 63.1281(c). a level less than 0.90 megagrams per under § 63.1282(d), that combustion The control device(s) shall be designed year. zone temperature is an indicator of and operated in accordance with the (iii) For each existing small glycol destruction efficiency. requirements of § 63.1281(f). dehydration unit, BTEX emissions are * * * * * (B) Meet the emissions limit through reduced to a level less than the limit (ii) A vapor recovery device (e.g., process modifications in accordance calculated in Equation 1 of paragraph carbon adsorption system or condenser) with the requirements specified in (b)(1)(iii) of this section. or other non-destructive control device § 63.1281(e). (iv) For each new small glycol that is designed and operated to reduce (C) Meet the emission limit for each dehydration unit, BTEX emissions are the mass content of either TOC or total small glycol dehydration unit using a reduced to a level less than the limit HAP in the gases vented to the device combination of process modifications calculated in Equation 2 of paragraph by 95.0 percent by weight or greater as and one or more control devices through (b)(1)(iii) of this section. determined in accordance with the the requirements specified in ■ 28. Section 63.1281 is amended by: requirements of § 63.1282(d). paragraphs (b)(1)(iii)(A) and (B) of this ■ a. Revising paragraph (c)(1); (iii) A flare, as defined in § 63.1271, section. ■ b. Revising the heading of paragraph that is designed and operated in (D) Demonstrate that the emissions (d). accordance with the requirements of limit is met through actual uncontrolled ■ c. Adding paragraph (d) introductory § 63.11(b). operation of the small glycol text; * * * * * dehydration unit. Document operational ■ d. Revising paragraph (d)(1)(i)(C); (4) * * * parameters in accordance with the ■ e. Revising paragraphs (d)(1)(ii) and (i) Each control device used to comply requirements specified in § 63.1281(e) (iii); with this subpart shall be operating at and emissions in accordance with the ■ f. Revising paragraph (d)(4)(i); all times when gases, vapors, and fumes requirements specified in ■ g. Revising paragraph (d)(5)(i); are vented from the emissions unit or § 63.1282(a)(3). ■ h. Revising paragraph (e)(2); units through the closed vent system to * * * * * ■ i. Revising paragraph (e)(3) the control device as required under (c) * * * introductory text; § 63.1275. An owner or operator may (2) The owner or operator shall ■ j. Revising paragraph (e)(3)(ii); and vent more than one unit to a control demonstrate, to the Administrator’s ■ k. Adding paragraph (f). device used to comply with this satisfaction, that the total HAP The revisions and additions read as subpart. emissions to the atmosphere from the follows: * * * * * large glycol dehydration unit process (5) * * * vent are reduced by 95.0 percent § 63.1281 Control equipment (i) Following the initial startup of the through process modifications or a requirements. control device, all carbon in the control combination of process modifications * * * * * device shall be replaced with fresh and one or more control devices, in (c) * * * carbon on a regular, predetermined time accordance with the requirements (1) The closed-vent system shall route interval that is no longer than the specified in § 63.1281(e). all gases, vapors, and fumes emitted carbon service life established for the

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carbon adsorption system. Records limit achieved shall be the emission ■ a. Revising paragraph (a) introductory identifying the schedule for replacement reduction or limit specified for the text; and records of each carbon replacement control device(s) in paragraph (e)(2) of ■ b. Revising paragraph (a)(1)(ii); shall be maintained as required in this section. ■ c. Revising paragraph (a)(2); § 63.1284(b)(7)(ix). The schedule for (f) Control device requirements for ■ d. Revising paragraph (b)(6)(i); replacement shall be submitted with the small glycol dehydration units. (1) The ■ e. Adding paragraph (c); Notification of Compliance Status control device used to meet BTEX the ■ f. Revising paragraph (d) introductory Report as specified in emission limit calculated in text; § 63.1285(d)(4)(iv). Each carbon § 63.1275(b)(1)(iii) shall be one of the ■ g. Revising paragraphs (d)(1)(i) replacement must be reported in the control devices specified in paragraphs through (v); ■ Periodic Reports as specified in (f)(1)(i) through (iii) of this section. h. Revising paragraph (d)(2); ■ § 63.1285(e)(2)(xi). (i) An enclosed combustion device i. Revising paragraph (d)(3) (e.g., thermal vapor incinerator, catalytic introductory text; * * * * * ■ j. Revising paragraph (d)(3)(i)(B); (e) * * * vapor incinerator, boiler, or process heater) that is designed and operated to ■ k. Revising paragraph (d)(3)(iii) (2) The owner or operator shall introductory text; document, to the Administrator’s meet the levels specified in paragraphs (f)(1)(i)(A) or (B) of this section. If a ■ l. Revising paragraph (d)(3)(iv) satisfaction, the conditions for which introductory text; glycol dehydration unit baseline boiler or process heater is used as the control device, then the vent stream ■ m. Revising paragraph (d)(3)(iv)(C)(1); operations shall be modified to achieve ■ n. Adding paragraphs (d)(3)(v) and the 95.0 percent overall HAP emission shall be introduced into the flame zone of the boiler or process heater. (vi); reduction, or BTEX limit determined in ■ (A) The mass content of BTEX in the o. Revising paragraph (d)(4) § 63.1275(b)(1)(iii), as applicable, either gases vented to the device is reduced as introductory text; through process modifications or ■ determined in accordance with the p. Revising paragraph (d)(4)(i); ■ through a combination of process requirements of § 63.1282(d). q. Revising paragraph (d)(5); modifications and one or more control (B) The concentration of either TOC ■ r. Revising paragraph (e) introductory devices. If a combination of process or total HAP in the exhaust gases at the text; ■ modifications and one or more control outlet of the device is reduced to a level s. Revising paragraphs (e)(2) and (3); ■ devices are used, the owner or operator equal to or less than 20 parts per million t. Adding paragraphs (e)(4) through shall also establish the emission by volume on a dry basis corrected to (e)(6); ■ reduction to be achieved by the control 3 percent oxygen as determined in u. Revising paragraph (f) introductory device to achieve an overall HAP accordance with the requirements of text; emission reduction of 95.0 percent for ■ v. Revising paragraph (f)(1); § 63.1282(e). ■ the glycol dehydration unit process vent (ii) A vapor recovery device (e.g., w. Revising paragraph (f)(2) or, if applicable, the BTEX limit carbon adsorption system or condenser) introductory text; ■ determined in § 63.1275(b)(1)(iii) for the or other non-destructive control device x. Revising paragraph (f)(2)(iii) small glycol dehydration unit process that is designed and operated to reduce introductory text, (f)(2)(iii)(A) and vent. Only modifications in glycol the mass content of BTEX in the gases (f)(2)(iii)(B); dehydration unit operations directly ■ y. Revising paragraph (f)(3); and vented to the device as determined in ■ related to process changes, including accordance with the requirements of z. Adding paragraphs (g) and (h). but not limited to changes in glycol § 63.1282(d). The revisions and additions read as circulation rate or glycol-HAP (iii) A flare, as defined in § 63.1271, follows: absorbency, shall be allowed. Changes that is designed and operated in § 63.1282 Test methods, compliance in the inlet gas characteristics or natural accordance with the requirements of procedures, and compliance gas throughput rate shall not be § 63.11(b). demonstrations. considered in determining the overall (2) The owner or operator shall (a) Determination of glycol emission reduction due to process operate each control device in dehydration unit flowrate, benzene modifications. accordance with the requirements emissions, or BTEX emissions. The (3) The owner or operator that specified in paragraphs (f)(2)(i) and (ii) procedures of this paragraph shall be achieves a 95.0 percent HAP emission of this section. used by an owner or operator to reduction or meets the BTEX limit (i) Each control device used to comply determine glycol dehydration unit determined in § 63.1275(b)(1)(iii), as with this subpart shall be operating at natural gas flowrate, benzene emissions, applicable, using process modifications all times. An owner or operator may or BTEX emissions. alone shall comply with paragraph vent more than one unit to a control (1) * * * (e)(3)(i) of this section. The owner or device used to comply with this (ii) The owner or operator shall operator that achieves a 95.0 percent subpart. document, to the Administrator’s (ii) For each control device monitored HAP emission reduction or meets the satisfaction, the actual annual average in accordance with the requirements of BTEX limit determined in natural gas flowrate to the glycol § 63.1283(d), the owner or operator shall § 63.1275(b)(1)(iii), as applicable, using dehydration unit. demonstrate compliance according to a combination of process modifications (2) The determination of actual the requirements of either § 63.1282(e) and one or more control devices shall average benzene or BTEX emissions or (h). comply with paragraphs (e)(3)(i) and from a glycol dehydration unit shall be (e)(3)(ii) of this section. (3) For each carbon adsorption system used as a control device to meet the made using the procedures of either * * * * * requirements of paragraph (f)(1) of this paragraph (a)(2)(i) or (ii) of this section. (ii) The owner or operator shall section, the owner or operator shall Emissions shall be determined either comply with the control device manage the carbon as required under uncontrolled or with federally requirements specified in paragraph (d) (d)(5)(i) and (ii) of this section. enforceable controls in place. or (f) of this section, as applicable, (i) The owner or operator shall except that the emission reduction or ■ 29. Section 63.1282 is amended by: determine actual average benzene or

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BTEX emissions using the model GRI– (iii) of this section. Compliance is test conducted by the manufacturer, as GLYCalcTM, Version 3.0 or higher, and demonstrated if the BTEX emissions specified in paragraph (g) of this the procedures presented in the determined as specified in paragraphs section, can be used. associated GRI–GLYCalcTM Technical (c)(2)(i) through (iii) are less than the (1) * * * Reference Manual. Inputs to the model emission limit calculated using the (i) Except as specified in paragraph shall be representative of actual equation in § 63.1275(b)(1)(iii). (d)(2) of this section, a flare, as defined operating conditions of the glycol (i) Method 1 or 1A, 40 CFR part 60, in § 63.1271, that is designed and dehydration unit and may be appendix A, as appropriate, shall be operated in accordance with § 63.11(b); used for selection of the sampling sites determined using the procedures (ii) Except for control devices used for at the outlet of the glycol dehydration documented in the Gas Research small glycol dehydration units, a boiler unit process vent. Any references to Institute (GRI) report entitled or process heater with a design heat particulate mentioned in Methods 1 and ‘‘Atmospheric Rich/Lean Method for input capacity of 44 megawatts or 1A do not apply to this section. Determining Glycol Dehydrator greater; Emissions’’ (GRI–95/0368.1); or (ii) The gas volumetric flowrate shall be determined using Method 2, 2A, 2C, (iii) Except for control devices used (ii) The owner or operator shall for small glycol dehydration units, a determine an average mass rate of or 2D, 40 CFR part 60, appendix A, as appropriate. boiler or process heater into which the benzene or BTEX emissions in vent stream is introduced with the kilograms per hour through direct (iii) The BTEX emissions from the outlet of the glycol dehydration unit primary fuel or is used as the primary measurement by performing three runs fuel; of Method 18 in 40 CFR part 60, process vent shall be determined using (iv) Except for control devices used appendix A; or ASTM D6420–99 the procedures specified in paragraph for small glycol dehydration units, a (Reapproved 2004) (incorporated by (d)(3)(v) of this section. As an boiler or process heater burning reference as specified in § 63.14), as alternative, the mass rate of BTEX at the hazardous waste for which the owner or specified in § 63.772(a)(1)(ii); or an outlet of the glycol dehydration unit process vent may be calculated using operator has either been issued a final equivalent method; and averaging the the model GRI–GLYCalcTM, Version 3.0 permit under 40 CFR part 270 and results of the three runs. Annual or higher, and the procedures presented complies with the requirements of 40 emissions in kilograms per year shall be in the associated GRI–GLYCalcTM CFR part 266, subpart H, or has certified determined by multiplying the mass rate Technical Reference Manual. Inputs to compliance with the interim status by the number of hours the unit is the model shall be representative of requirements of 40 CFR part 266, operated per year. This result shall be actual operating conditions of the glycol subpart H; converted to megagrams per year. dehydration unit and shall be (b) * * * (v) Except for control devices used for determined using the procedures (6) * * * small glycol dehydration units, a documented in the Gas Research (i) Except as provided in paragraph hazardous waste incinerator for which Institute (GRI) report entitled (b)(6)(ii) of this section, the detection the owner or operator has been issued ‘‘Atmospheric Rich/Lean Method for a final permit under 40 CFR part 270 instrument shall meet the performance Determining Glycol Dehydrator criteria of Method 21 of 40 CFR part 60, and complies with the requirements of Emissions’’ (GRI–95/0368.1). When the 40 CFR part 264, subpart O, or has appendix A, except the instrument BTEX mass rate is calculated for glycol response factor criteria in section certified compliance with the interim dehydration units using the model GRI– status requirements of 40 CFR part 265, 3.1.2(a) of Method 21 shall be for the GLYCalcTM, all BTEX measured by average composition of the process fluid subpart O. Method 18, 40 CFR part 60, appendix A, * * * * * not each individual volatile organic shall be summed. compound in the stream. For process (d) Control device performance test (2) An owner or operator shall design streams that contain nitrogen, air, or procedures. This paragraph applies to and operate each flare, as defined in other inert gases that are not organic the performance testing of control § 63.1271, in accordance with the HAP or VOC, the average stream devices. The owners or operators shall requirements specified in § 63.11(b) and response factor shall be calculated on an demonstrate that a control device the compliance determination shall be inert-free basis. achieves the performance requirements conducted using Method 22 of 40 CFR * * * * * of § 63.1281(d)(1), (e)(3)(ii), or (f)(1) part 60, appendix A, to determine (c) Test procedures and compliance using a performance test as specified in visible emissions. demonstrations for small glycol paragraph (d)(3) of this section. Owners (3) For a performance test conducted dehydration units. This paragraph (c) or operators using a condenser have the to demonstrate that a control device applies to the test procedures for small option to use a design analysis as meets the requirements of dehydration units. specified in paragraph (d)(4) of this § 63.1281(d)(1), (e)(3)(ii), or (f)(1) the (1) If the owner or operator is using section. The owner or operator may owner or operator shall use the test a control device to comply with the elect to use the alternative procedures in methods and procedures specified in emission limit in § 63.1275(b)(1)(iii), the paragraph (d)(5) of this section for paragraphs (d)(3)(i) through (v) of this requirements of paragraph (d) of this performance testing of a condenser used section. The initial and periodic section apply. Compliance is to control emissions from a glycol performance tests shall be conducted demonstrated using the methods dehydration unit process vent. Flares according to the schedule specified in specified in paragraph (e) of this shall meet the provisions in paragraph paragraph (d)(3)(vi) of this section. section. (d)(2) of this section. As an alternative (i) * * * (2) If no control device is used to to conducting a performance test under (B) To determine compliance with the comply with the emission limit in this section for combustion control enclosed combustion device total HAP § 63.1275(b)(1)(iii), the owner or devices, a control device that can be concentration limit specified in operator must determine the glycol demonstrated to meet the performance § 63.1281(d)(1)(i)(B), or the BTEX dehydration unit BTEX emissions as requirements of § 63.1281(d)(1), emission limit specified in specified in paragraphs (c)(2)(i) through (e)(3)(ii), or (f)(1) through a performance § 63.1275(b)(1)(iii), the sampling site

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shall be located at the outlet of the data that have been validated according major source chooses to replace such combustion device. to the applicable procedures in Method device with a control device whose * * * * * 301, 40 CFR part 63, appendix A. The model is tested under § 63.1282(g), then (iii) To determine compliance with following procedures shall be used to the newly installed device shall comply the control device percent reduction calculate BTEX emissions: with all provisions of this subpart no performance requirement in (A) The minimum sampling time for later than October 15, 2015. The § 63.1281(d)(1)(i)(A), 63.1281(d)(1)(ii), each run shall be 1 hour in which either performance test results shall be or 63.1281(e)(3)(ii), the owner or an integrated sample or a minimum of submitted in the Notification of operator shall use either Method 18, 40 four grab samples shall be taken. If grab Compliance Status Report as required in CFR part 60, appendix A, or Method sampling is used, then the samples shall § 63.1285(d)(1)(ii). 25A, 40 CFR part 60, appendix A; or be taken at approximately equal (B) Periodic performance tests shall be ASTM D6420–99 (incorporated by intervals in time, such as 15-minute conducted for all control devices reference as specified in § 63.14), as intervals during the run. required to conduct initial performance specified in § 63.772(a)(1)(ii); (B) The mass rate of BTEX (Eo) shall tests except as specified in paragraphs alternatively, any other method or data be computed using the equations and (e)(3)(vi)(B)(1) and (2) of this section. that have been validated according to procedures specified in paragraphs The first periodic performance test shall the applicable procedures in Method (d)(3)(v)(B)(1) and (2) of this section. be conducted no later than 60 months 301 of appendix A of this part may be (1) The following equation shall be after the initial performance test used. The following procedures shall be used: required in paragraph (d)(3)(vi)(A) of used to calculate the percentage of this section. Subsequent periodic reduction: performance tests shall be conducted at * * * * * intervals no longer than 60 months (iv) To determine compliance with following the previous periodic the enclosed combustion device total performance test or whenever a source HAP concentration limit specified in Where: desires to establish a new operating § 63.1281(d)(1)(i)(B), the owner or Eo = Mass rate of BTEX at the outlet of the limit. The periodic performance test operator shall use either Method 18, 40 control device, dry basis, kilogram per results must be submitted in the next hour. CFR part 60, appendix A; or Method Periodic Report as specified in Coj = Concentration of sample component j of § 63.1285(e)(2)(x). Combustion control 25A, 40 CFR part 60, appendix A; or the gas stream at the outlet of the control ASTM D6420–99 (Reapproved 2004) devices meeting the criteria in either device, dry basis, parts per million by paragraph (e)(3)(vi)(B)(1) or (2) of this (incorporated by reference as specified volume. section are not required to conduct in § 63.14), as specified in Moj = Molecular weight of sample component j of the gas stream at the outlet of the periodic performance tests. § 63.772(a)(1)(ii), to measure either TOC (1) A control device whose model is (minus methane and ethane) or total control device, gram/gram-mole. Qo = Flowrate of gas stream at the outlet of tested under, and meets the criteria of, HAP. Alternatively, any other method or § 63.1282(g), or data that have been validated according the control device, dry standard cubic meter per minute. (2) A combustion control device to Method 301 of appendix A of this ¥6 K2 = Constant, 2.494 × 10 (parts per demonstrating during the performance part, may be used. The following million) (gram-mole per standard cubic test under § 63.1282(d) that combustion procedures shall be used to calculate meter) (kilogram/gram) (minute/hour), zone temperature is an indicator of parts per million by volume where standard temperature (gram-mole destruction efficiency and operates at a concentration, corrected to 3 percent per standard cubic meter) is 20 degrees minimum temperature of 760 degrees C. oxygen: C. (4) For a condenser design analysis * * * * * n = Number of components in sample. conducted to meet the requirements of (C) * * * (2) When the BTEX mass rate is § 63.1281(d)(1), (e)(3)(ii), or (f)(1), the (1) The emission rate correction factor calculated, only BTEX compounds owner or operator shall meet the for excess air, integrated sampling and measured by Method 18, 40 CFR part requirements specified in paragraphs analysis procedures of Method 3A or 60, appendix A, or ASTM D6420–99 (d)(4)(i) and (ii) of this section. 3B, 40 CFR part 60, appendix A, ASTM (Reapproved 2004) (incorporated by Documentation of the design analysis D6522–00 (Reapproved 2005), or ANSI/ reference as specified in § 63.14) as shall be submitted as a part of the ASME PTC 19.10–1981, Part 10 (manual specified in § 63.772(a)(1)(ii), shall be Notification of Compliance Status portion only) (incorporated by reference summed using the equations in Report as required in § 63.1285(d)(1)(i). as specified in § 63.14) shall be used to paragraph (d)(3)(v)(B)(1) of this section. (i) The condenser design analysis determine the oxygen concentration (vi) The owner or operator shall shall include an analysis of the vent (%O2d). The samples shall be taken conduct performance tests according to stream composition, constituent during the same time that the samples the schedule specified in paragraphs concentrations, flowrate, relative are taken for determining TOC (d)(3)(vi)(A) and (B) of this section. humidity, and temperature, and shall concentration or total HAP (A) An initial performance test shall establish the design outlet organic concentration. be conducted within 180 days after the compound concentration level, design * * * * * compliance date that is specified for average temperature of the condenser (v) To determine compliance with the each affected source in § 63.1270(d)(3) exhaust vent stream, and the design BTEX emission limit specified in and (4) except that the initial average temperatures of the coolant § 63.1275(b)(1)(iii) the owner or operator performance test for existing fluid at the condenser inlet and outlet. shall use one of the following methods: combustion control devices (i.e., control As an alternative to the condenser Method 18, 40 CFR part 60, appendix A; devices installed on or before August design analysis, an owner or operator ASTM D6420–99 (Reapproved 2004) 23, 2011) at major sources shall be may elect to use the procedures (incorporated by reference as specified conducted no later than October 15, specified in paragraph (d)(5) of this in § 63.14), as specified in 2015. If the owner or operator of an section. § 63.772(a)(1)(ii); or any other method or existing combustion control device at a * * * * *

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(5) As an alternative to the procedures § 63.1283(d) must be operated at all day average HAP, or BTEX, emission in paragraph (d)(4)(i) of this section, an times the affected source is operating. A reduction, as appropriate, from the owner or operator may elect to use the monitoring system malfunction is any condenser efficiencies as determined in procedures documented in the GRI sudden, infrequent, not reasonably paragraph (f)(2)(ii) of this section for the report entitled, ‘‘Atmospheric Rich/Lean preventable failure of the monitoring preceding 30 operating days. If the Method for Determining Glycol system to provide valid data. owner or operator uses a combination of Dehydrator Emissions,’’ (GRI–95/ Monitoring system failures that are process modifications and a condenser 0368.1) as inputs for the model GRI– caused in part by poor maintenance or in accordance with the requirements of GLYCalcTM, Version 3.0 or higher, to careless operation are not malfunctions. § 63.1281(e), the 30-day average HAP generate a condenser performance Monitoring system repairs are required emission, or BTEX, emission reduction, curve. to be completed in response to shall be calculated using the emission (e) Compliance demonstration for monitoring system malfunctions and to reduction achieved through process control devices performance return the monitoring system to modifications and the condenser requirements. This paragraph applies to operation as expeditiously as efficiency as determined in paragraph the demonstration of compliance with practicable. (f)(2)(ii) of this section, both for the the control device performance (5) Data recorded during monitoring preceding 30 operating days. requirements specified in system malfunctions, repairs associated (A) After the compliance date § 63.1281(d)(1), (e)(3)(ii), and (f)(1). with monitoring system malfunctions, specified in § 63.1270(d), an owner or Compliance shall be demonstrated using or required monitoring system quality operator of a facility that stores natural the requirements in paragraphs (e)(1) assurance or control activities may not gas that has less than 30 days of data for through (3) of this section. As an be used in calculations used to report determining the average HAP, or BTEX, alternative, an owner or operator that emissions or operating levels. All the emission reduction, as appropriate, installs a condenser as the control data collected during all other required shall calculate the cumulative average at device to achieve the requirements data collection periods must be used in the end of the withdrawal season, each specified in § 63.1281(d)(1)(ii), (e)(3)(ii), assessing the operation of the control season, until 30 days of condenser or (f)(1) may demonstrate compliance device and associated control system. operating data are accumulated. For a according to paragraph (f) of this (6) Except for periods of monitoring facility that does not store natural gas, section. An owner or operator may system malfunctions, repairs associated the owner or operator that has less than switch between compliance with with monitoring system malfunctions, 30 days of data for determining average paragraph (e) of this section and and required quality monitoring system HAP, or BTEX, emission reduction, as compliance with paragraph (f) of this quality assurance or quality control appropriate, shall calculate the section only after at least 1 year of activities (including, as applicable, cumulative average at the end of the operation in compliance with the system accuracy audits and required calendar year, each year, until 30 days selected approach. Notification of such zero and span adjustments), failure to of condenser operating data are a change in the compliance method collect required data is a deviation of accumulated. shall be reported in the next Periodic the monitoring requirements. (B) After the compliance date Report, as required in § 63.1285(e), (f) Compliance demonstration with specified in § 63.1270(d), for an owner following the change. percent reduction or emission limit or operator that has less than 30 days of * * * * * performance requirements—condensers. data for determining the average HAP, (2) The owner or operator shall This paragraph applies to the or BTEX, emission reduction, as calculate the daily average of the demonstration of compliance with the appropriate, compliance is achieved if applicable monitored parameter in performance requirements specified in the average HAP, or BTEX, emission accordance with § 63.1283(d)(4) except § 63.1281(d)(1)(ii), (e)(3) or (f)(1) for reduction, as appropriate, calculated in that the inlet gas flowrate to the control condensers. Compliance shall be paragraph (f)(2)(iii)(A) of this section is device shall not be averaged. demonstrated using the procedures in equal to or greater than 95.0 percent or (3) Compliance is achieved when the paragraphs (f)(1) through (f)(3) of this is equal to or greater than the minimum daily average of the monitoring section. percent reduction necessary to meet the parameter value calculated under (1) The owner or operator shall BTEX emission limit as determined in paragraph (e)(2) of this section is either establish a site-specific condenser paragraph (f)(1) of this section. performance curve according to the equal to or greater than the minimum or * * * * * equal to or less than the maximum procedures specified in monitoring value established under § 63.1283(d)(5)(ii). For sources required (3) Compliance is achieved based on paragraph (e)(1) of this section. For inlet to meet the BTEX limit in accordance the applicable criteria in paragraphs gas flowrate, compliance with the with § 63.1281(e) or (f)(1) the owner or (f)(3)(i) or (ii) of this section. operating parameter limit is achieved operator shall identify the minimum (i) For sources meeting the HAP when the value is equal to or less than percent reduction necessary to meet the emission reduction specified in the value established under § 63.1282(g) BTEX limit. § 63.1281(d)(1)(ii) or (e)(3) if the average or under the performance test (2) Compliance with the percent HAP emission reduction calculated in conducted under § 63.1282(d), as reduction requirement in paragraph (f)(2)(iii) of this section is applicable. § 63.1281(d)(1)(ii), (e)(3), or (f)(1) shall equal to or greater than 95.0 percent. (4) Except for periods of monitoring be demonstrated by the procedures in (ii) For sources required to meet the system malfunctions, repairs associated paragraphs (f)(2)(i) through (iii) of this BTEX limit under § 63.1281(e)(3) or with monitoring system malfunctions, section. (f)(1), compliance is achieved if the and required monitoring system quality * * * * * average BTEX emission reduction assurance or quality control activities (iii) Except as provided in paragraphs calculated in paragraph (f)(2)(iii) of this (including, as applicable, system (f)(2)(iii)(A), (B), and (D) of this section, section is equal to or greater than the accuracy audits and required zero and at the end of each operating day the minimum percent reduction identified span adjustments), the CMS required in owner or operator shall calculate the 30- in paragraph (f)(1) of this section.

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(g) Performance testing for an electronic Data Acquisition System (i) Sampling and flowrate measured in combustion control devices— and strip chart. Data shall be submitted accordance with the following: manufacturers’ performance test. with the test report in accordance with (A) The outlet sampling location shall (1) This paragraph (g) applies to the paragraph (g)(8)(iii) of this section. be a minimum of 4 equivalent stack performance testing of a combustion (4) Inlet testing shall be conducted as diameters downstream from the highest control device conducted by the device specified in paragraphs (g)(4)(i) through peak flame or any other flow manufacturer. The manufacturer shall (iii) of this section. disturbance, and a minimum of one demonstrate that a specific model of (i) The inlet gas flow metering system equivalent stack diameter upstream of control device achieves the performance shall be located in accordance with the exit or any other flow disturbance. requirements in (g)(7) of this section by Method 2A, 40 CFR part 60, appendix A minimum of two sample ports shall conducting a performance test as A–1, (or other approved procedure) to be used. specified in paragraphs (g)(2) through measure inlet gas flowrate at the control (B) Flowrate shall be measured using (6) of this section. device inlet location. The fitting for Method 1, 40 CFR part 60, Appendix 1, (2) Performance testing shall consist filling fuel sample containers shall be for determining flow measurement of three one-hour (or longer) test runs located a minimum of 8 pipe diameters traverse point location; and Method 2, for each of the four following firing rate upstream of any inlet gas flow 40 CFR part 60, Appendix 1, shall be settings making a total of 12 test runs monitoring meter. used to measure duct velocity. If low per test. Propene (propylene) gas shall (ii) Inlet gas flowrate shall be flow conditions are encountered (i.e., be used for the testing fuel. All fuel determined using Method 2A, 40 CFR velocity pressure differentials less than analyses shall be performed by an part 60, appendix A–1. Record the start 0.05 inches of water) during the independent third-party laboratory (not and stop reading for each 60-minute performance test, a more sensitive affiliated with the control device THC test. Record the inlet gas pressure manometer or other pressure manufacturer or fuel supplier). and temperature at 5-minute intervals measurement device shall be used to (i) 90–100 percent of maximum throughout each 60-minute THC test. obtain an accurate flow profile. design rate (fixed rate). (iii) Inlet gas sampling shall be (ii) Molecular weight shall be (ii) 70–100–70 percent (ramp up, conducted in accordance with the determined as specified in paragraphs ramp down). Begin the test at 70 percent criteria in paragraphs (g)(4)(iii)(A) and (g)(4)(iii)(B), and (g)(5)(ii)(A) and (B) of of the maximum design rate. During the (B) of this section. this section. first 5 minutes, incrementally ramp the (A) At the inlet gas sampling location, (A) An integrated bag sample shall be firing rate to 100 percent of the securely connect a Silonite-coated collected during the Method 4, 40 CFR maximum design rate. Hold at 100 stainless steel evacuated canister fitted part 60, Appendix A, moisture test. percent for 5 minutes. In the 10–15 with a flow controller sufficient to fill Analyze the bag sample using a gas minute time range, incrementally ramp the canister over a 3 hour period. Filling chromatograph-thermal conductivity back down to 70 percent of the shall be conducted as specified in the detector (GC–TCD) analysis meeting the maximum design rate. Repeat three following: following criteria: more times for a total of 60 minutes of (1) Open the canister sampling valve (1) Collect the integrated sample sampling. at the beginning of the total throughout the entire test, and collect (iii) 30–70–30 percent (ramp up, ramp hydrocarbon (THC) test, and close the representative volumes from each down). Begin the test at 30 percent of canister at the end of each THC test run. traverse location. the maximum design rate. During the (2) Fill one canister across the three (2) The sampling line shall be purged first 5 minutes, incrementally ramp the test runs for each THC test such that one with stack gas before opening the valve firing rate to 70 percent of the maximum composite fuel sample exists for each and beginning to fill the bag. design rate. Hold at 70 percent for 5 test condition. (3) The bag contents shall be minutes. In the 10–15 minute time (3) Label the canisters individually vigorously mixed prior to the GC range, incrementally ramp back down to and record on a chain of custody form. analysis. 30 percent of the maximum design rate. (B) Each inlet gas sample shall be (4) The GC–TCD calibration Repeat three more times for a total of 60 analyzed using the following methods. procedure in Method 3C, 40 CFR part minutes of sampling. The results shall be included in the test 60, Appendix A, shall be modified by (iv) 0–30–0 percent (ramp up, ramp report. using EPAAlt–045 as follows: For the down). Begin the test at 0 percent of the (1) Hydrocarbon compounds initial calibration, triplicate injections of maximum design rate. During the first 5 containing between one and five atoms any single concentration must agree minutes, incrementally ramp the firing of carbon plus benzene using ASTM within 5 percent of their mean to be rate to 30 percent of the maximum D1945–03 (Reapproved 2010) valid. The calibration response factor for design rate. Hold at 30 percent for 5 (incorporated by reference as specified a single concentration re-check must be minutes. In the 10–15 minute time in § 63.14). within 10 percent of the original range, incrementally ramp back down to (2) Hydrogen (H2), carbon monoxide calibration response factor for that 0 percent of the maximum design rate. (CO), carbon dioxide (CO2), nitrogen concentration. If this criterion is not Repeat three more times for a total of 60 (N2), oxygen (O2) using ASTM D1945– met, the initial calibration using at least minutes of sampling. 03 (Reapproved 2010) (incorporated by three concentration levels shall be (3) All models employing multiple reference as specified in § 63.14). repeated. enclosures shall be tested (3) Higher heating value using ASTM (B) Report the molecular weight of: simultaneously and with all burners D3588–98 (Reapproved 2003) or ASTM O2, CO2, methane (CH4), and N2 and operational. Results shall be reported for D4891–89 (Reapproved 2006) include in the test report submitted each enclosure individually and for the (incorporated by reference as specified under § 63.775(d)(iii). Moisture shall be average of the emissions from all in § 63.14). determined using Method 4, 40 CFR interconnected combustion enclosures/ (5) Outlet testing shall be conducted part 60, Appendix A. Traverse both chambers. Control device operating data in accordance with the criteria in ports with the Method 4, 40 CFR part shall be collected continuously paragraphs (g)(5)(i) through (v) of this 60, Appendix A, sampling train during throughout the performance test using section. each test run. Ambient air shall not be

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introduced into the Method 3C, 40 CFR (i) The control device model tested (N) Exit flowrate. part 60, Appendix A, integrated bag must meet the criteria in paragraphs (O) Wind velocity and direction. sample during the port change. (g)(7)(i)(A) through (C) of this section: (vi) The test report shall include all (iii) Carbon monoxide shall be (A) Method 22, 40 CFR part 60, calibration quality assurance/quality determined using Method 10, 40 CFR Appendix A, results under paragraph control data, calibration gas values, gas part 60, Appendix A or ASTM D6522– (g)(5)(v) of this section with no cylinder certification, and strip charts 00 (Reapproved 2005) (incorporated by indication of visible emissions, and annotated with test times and reference as specified in § 63.14). The (B) Average Method 25A, 40 CFR part calibration values. test shall be run at the same time and 60, Appendix A, results under (h) Compliance demonstration for with the sample points used for the EPA paragraph (g)(6) of this section equal to combustion control devices— Method 25A, 40 CFR part 60, Appendix or less than 10.0 ppmvw THC as manufacturers’ performance test. This A, testing. An instrument range of 0–10 propane corrected to 3.0 percent CO2, paragraph applies to the demonstration per million by volume-dry (ppmvd) and of compliance for a combustion control shall be used. (C) Average CO emissions determined device tested under the provisions in (iv) Visible emissions shall be under paragraph (g)(5)(iv) of this section paragraph (g) of this section. Owners or determined using Method 22, 40 CFR equal to or less than 10 parts ppmvd, operators shall demonstrate that a part 60, Appendix A. The test shall be corrected to 3.0 percent CO2. control device achieves the performance performed continuously during each (D) Excess combustion air shall be requirements of § 63.1281(d)(1), (e)(3)(ii) test run. A digital color photograph of equal to or greater than 150 percent. or (f)(1), by installing a device tested the exhaust point, taken from the (ii) The manufacturer shall determine under paragraph (g) of this section and position of the observer and annotated a maximum inlet gas flowrate which complying with the following criteria: with date and time, will be taken once shall not be exceeded for each control (1) The inlet gas flowrate shall meet per test run and the four photos device model to achieve the criteria in the range specified by the manufacturer. included in the test report. paragraph (g)(7)(i) of this section. Flowrate shall be calculated as specified (v) Excess air shall be determined (iii) A control device meeting the in § 63.1283(d)(3)(i)(H)(1). using resultant data from the EPA criteria in paragraph (g)(7)(i)(A) through (2) A pilot flame shall be present at all Method 3C tests and EPA Method 3B, 40 (C) of this section will have times of operation. The pilot flame shall CFR part 60, Appendix A, equation 3B– demonstrated a destruction efficiency of be monitored in accordance with 1 or ANSI/ASME PTC 19.10–1981, Part 95.0 percent for HAP regulated under § 63.1283(d)(3)(i)(H)(2). (3) Devices shall be operated with no 10 (manual portion only) (incorporated this subpart. visible emissions, except for periods not by reference as specified in § 63.14). (8) The owner or operator of a to exceed a total of 2 minutes during (6) Total hydrocarbons (THC) shall be combustion control device model tested any hour. A visible emissions test using determined as specified by the under this section shall submit the Method 22, 40 CFR part 60, Appendix following criteria: information listed in paragraphs (g)(8)(i) A, shall be performed each calendar (i) Conduct THC sampling using through (iii) in the test report required quarter. The observation period shall be Method 25A, 40 CFR part 60, Appendix under § 63.775(d)(1)(iii). 1 hour and shall be conducted A, except the option for locating the (i) Full schematic of the control according to EPA Method 22, 40 CFR probe in the center 10 percent of the device and dimensions of the device components. part 60, Appendix A. stack shall not be allowed. The THC (4) Compliance with the operating probe must be traversed to 16.7 percent, (ii) Design net heating value (minimum and maximum) of the device. parameter limit is achieved when the 50 percent, and 83.3 percent of the stack following criteria are met: diameter during the test run. (iii) Test fuel gas flow range (in both mass and volume). Include the (i) The inlet gas flowrate monitored (ii) A valid test shall consist of three minimum and maximum allowable inlet under paragraph (h)(1) of this section is Method 25A, 40 CFR part 60, Appendix gas flowrate. equal to or below the maximum A, tests, each no less than 60 minutes (iv) Air/stream injection/assist ranges, established by the manufacturer; and in duration. if used. (ii) The pilot flame is present at all (iii) A 0–10 parts per million by (v) The test parameter ranges listed in times; and volume-wet (ppmvw) (as propane) paragraphs (g)(8)(v)(A) through (O) of (iii) During the visible emissions test measurement range is preferred; as an this section, as applicable for the tested performed under paragraph (h)(3) of this alternative a 0–30 ppmvw (as carbon) model. section the duration of visible emissions measurement range may be used. (A) Fuel gas delivery pressure and does not exceed a total of 2 minutes (iv) Calibration gases will be propane temperature. during the observation period. Devices in air and be certified through EPA (B) Fuel gas moisture range. failing the visible emissions test shall Protocol 1—‘‘EPA Traceability Protocol (C) Purge gas usage range. follow manufacturers repair for Assay and Certification of Gaseous (D) Condensate (liquid fuel) instructions, if available, or best Calibration Standards,’’ September separation range. combustion engineering practice as 1997, as amended August 25, 1999, (E) Combustion zone temperature outlined in the unit inspection and EPA–600/R–97/121 (or more recent if range. This is required for all devices maintenance plan, to return the unit to updated since 1999). that measure this parameter. compliant operation. All repairs and (v) THC measurements shall be (F) Excess combustion air range. maintenance activities for each unit reported in terms of ppmvw as propane. (G) Flame arrestor(s). shall be recorded in a maintenance and (vi) THC results shall be corrected to (H) Burner manifold pressure. repair log and shall be available on site 3 percent CO2, as measured by Method (I) Pilot flame sensor. for inspection. 3C, 40 CFR part 60, Appendix A. (J) Pilot flame design fuel and fuel (iv) Following return to operation (vii) Subtraction of methane/ethane usage. from maintenance or repair activity, from the THC data is not allowed in (K) Tip velocity range. each device must pass a Method 22 determining results. (L) Momentum flux ratio. visual observation as described in (7) Performance test criteria: (M) Exit temperature range. paragraph (h)(3) of this section.

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■ 30. Section 63.1283 is amended by: collection, and the quality assurance recorder. The monitoring device shall ■ a. Adding paragraph (b); and quality control elements outlined in have a minimum accuracy of ±2 percent ■ b. Revising paragraph (d)(1) paragraph (d) of this section and in of the temperature being monitored in introductory text; § 63.8(d). Each CPMS must be installed, °C, or ±2.5 °C, whichever value is ■ c. Revising paragraph (d)(1)(ii) and calibrated, operated, and maintained in greater. The temperature sensor shall be adding paragraphs (d)(1)(iii) and (iv); accordance with the procedures in your installed at a location representative of ■ d. Revising paragraph (d)(2); approved site-specific monitoring plan. the combustion zone temperature. ■ e. Revising paragraph (d)(3)(i)(A); Using the process described in ■ * * * * * f. Revising paragraph (d)(3)(i)(D); § 63.8(f)(4), you may request approval of (D) For a boiler or process heater, a ■ g. Revising paragraph (d)(3)(i)(G); monitoring system quality assurance temperature monitoring device ■ h. Adding paragraph (d)(3)(i)(H); ■ and quality control procedures equipped with a continuous recorder. i. Revising paragraph (d)(4); alternative to those specified in ■ j. Revising paragraph (d)(5)(i); The temperature monitoring device paragraphs (d)(1)(ii)(A) through (E) of ± ■ k. Revising paragraphs (d)(5)(ii)(A) shall have a minimum accuracy of 2 this section in your site-specific percent of the temperature being through (C); ° ± ° ■ l. Revising paragraph (d)(6) monitoring plan. monitored in C, or 2.5 C, whichever (A) The performance criteria and introductory text; value is greater. The temperature sensor design specifications for the monitoring ■ m. Revising paragraph (d)(6)(ii); shall be installed at a location ■ n. Adding paragraph (d)(6)(v); system equipment, including the sample representative of the combustion zone ■ o. Revising paragraph (d)(7); and interface, detector signal analyzer, and temperature. ■ p. Removing and reserving paragraph data acquisition and calculations; * * * * * (d)(8). (B) Sampling interface (e.g., (G) For a nonregenerative-type carbon The additions and revisions read as thermocouple) location such that the adsorption system, the owner or follows: monitoring system will provide operator shall monitor the design carbon representative measurements; replacement interval established using a § 63.1283 Inspection and monitoring (C) Equipment performance checks, performance test performed in requirements. system accuracy audits, or other audit accordance with § 63.1282(d)(3) and * * * * * procedures; (D) Ongoing operation and shall be based on the total carbon (b) The owner or operator of a control working capacity of the control device device whose model was tested under maintenance procedures in accordance with provisions in § 63.8(c)(1) and and source operating schedule. 63.1282(g) shall develop an inspection (H) For a control device whose model and maintenance plan for each control (c)(3); and (E) Ongoing reporting and is tested under § 63.1282(g): device. At a minimum, the plan shall (1) The owner or operator shall recordkeeping procedures in accordance contain the control device determine actual average inlet waste gas with provisions in § 63.10(c), (e)(1), and manufacturer’s recommendations for flowrate using the model GRI– (e)(2)(i). ensuring proper operation of the device. GLYCalcTM, Version 3.0 or higher, Semi-annual inspections shall be (iii) The owner or operator must conduct the CPMS equipment ProMax, or AspenTech HYSYS. Inputs conducted for each control device with to the models shall be representative of maintenance and replacement of control performance checks, system accuracy audits, or other audit procedures actual operating conditions of the device components made in accordance controlled unit. The determination shall with the plan. specified in the site-specific monitoring plan at least once every 12 months. be performed to coincide with the * * * * * (iv) The owner or operator must visible emissions test under (d) Control device monitoring conduct a performance evaluation of § 63.1282(h)(3); requirements. (1) For each control each CPMS in accordance with the site- (2) A heat sensing monitoring device device except as provided for in specific monitoring plan. equipped with a continuous recorder paragraph (d)(2) of this section, the (2) An owner or operator is exempted that indicates the continuous ignition of owner or operator shall install and from the monitoring requirements the pilot flame. operate a continuous parameter specified in paragraphs (d)(3) through * * * * * monitoring system in accordance with (7) of this section for the following types (4) Using the data recorded by the the requirements of paragraphs (d)(3) of control devices: monitoring system, except for inlet gas through (7) of this section. Owners or (i) Except for control devices for small flowrate, the owner or operator must operators that install and operate a flare glycol dehydration units, a boiler or calculate the daily average value for in accordance with § 63.1281(d)(1)(iii) process heater in which all vent streams each monitored operating parameter for or (f)(1)(iii) are exempt from the are introduced with the primary fuel or each operating day. If the emissions unit requirements of paragraphs (d)(4) and are used as the primary fuel; operation is continuous, the operating (5) of this section. The continuous (ii) Except for control devices for day is a 24-hour period. If the emissions monitoring system shall be designed small glycol dehydration units, a boiler unit operation is not continuous, the and operated so that a determination or process heater with a design heat operating day is the total number of can be made on whether the control input capacity equal to or greater than hours of control device operation per device is achieving the applicable 44 megawatts. 24-hour period. Valid data points must performance requirements of (3) * * * be available for 75 percent of the § 63.1281(d), (e)(3), or (f)(1). Each (i) * * * operating hours in an operating day to continuous parameter monitoring (A) For a thermal vapor incinerator compute the daily average. system shall meet the following that demonstrates during the (5) * * * specifications and requirements: performance test conducted under (i) The owner or operator shall * * * * * § 63.1282(d) that combustion zone establish a minimum operating (ii) A site-specific monitoring plan temperature is an accurate indicator of parameter value or a maximum must be prepared that addresses the performance, a temperature monitoring operating parameter value, as monitoring system design, data device equipped with a continuous appropriate for the control device, to

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define the conditions at which the § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then ■ a. Revising paragraph (b)(3) control device must be operated to the condenser performance curve shall introductory text; continuously achieve the applicable be based on the condenser design ■ b. Removing and reserving paragraph performance requirements of analysis and may be supplemented by (b)(3)(ii); § 63.1281(d)(1), (e)(3)(ii), or (f)(1). Each the control device manufacturer’s ■ c. Revising paragraph (b)(4)(ii); minimum or maximum operating recommendations. ■ d. Revising paragraph (b)(4)(iii); parameter value shall be established as (C) As an alternative to paragraph ■ e. Adding paragraph (b)(7)(ix); and follows: (d)(5)(ii)(B) of this section, the owner or ■ f. Adding paragraphs (f), (g) and (h). (A) If the owner or operator conducts operator may elect to use the procedures The revisions and additions read as performance tests in accordance with documented in the GRI report entitled, follows: the requirements of § 63.1282(d)(3) to ‘‘Atmospheric Rich/Lean Method for § 63.1284 Recordkeeping requirements. demonstrate that the control device Determining Glycol Dehydrator achieves the applicable performance Emissions’’ (GRI–95/0368.1) as inputs * * * * * requirements specified in for the model GRI–GLYCalcTM, Version (b) * * * § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then 3.0 or higher, to generate a condenser (3) Records specified in § 63.10(c) for the minimum operating parameter value performance curve. each monitoring system operated by the owner or operator in accordance with or the maximum operating parameter (6) An excursion for a given control the requirements of § 63.1283(d). value shall be established based on device is determined to have occurred Notwithstanding the previous sentence, values measured during the when the monitoring data or lack of monitoring data recorded during performance test and supplemented, as monitoring data result in any one of the periods identified in paragraphs (b)(3)(i) necessary, by a condenser design criteria specified in paragraphs (d)(6)(i) through (iv) of this section shall not be analysis or control device through (d)(6)(v) of this section being included in any average or percent leak manufacturer’s recommendations or a met. When multiple operating rate computed under this subpart. combination of both. parameters are monitored for the same (B) If the owner or operator uses a Records shall be kept of the times and control device and during the same condenser design analysis in accordance durations of all such periods and any operating day, and more than one of with the requirements of § 63.1282(d)(4) other periods during process or control these operating parameters meets an to demonstrate that the control device device operation when monitors are not excursion criterion specified in achieves the applicable performance operating or failed to collect required paragraphs (d)(6)(i) through (d)(6)(v) of requirements specified in data. this section, then a single excursion is § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then determined to have occurred for the * * * * * the minimum operating parameter value control device for that operating day. (ii) [Reserved] or the maximum operating parameter * * * * * value shall be established based on the * * * * * (ii) For sources meeting (4) * * * condenser design analysis and may be (ii) Records of the daily average value supplemented by the condenser § 63.1281(d)(1)(ii), an excursion occurs when average condenser efficiency of each continuously monitored manufacturer’s recommendations. parameter for each operating day (C) If the owner or operator operates calculated according to the determined according to the procedures a control device where the performance requirements specified in specified in § 63.1283(d)(4) of this test requirement was met under § 63.1282(f)(2)(iii) is less than 95.0 subpart, except as specified in § 63.1282(g) to demonstrate that the percent, as specified in § 63.1282(f)(3). paragraphs (b)(4)(ii)(A) through (C) of control device achieves the applicable For sources meeting § 63.1281(f)(1), an this section. performance requirements specified in excursion occurs when the 30-day (A) For flares, the records required in § 63.1281(d)(1), (e)(3)(ii) or (f)(1), then average condenser efficiency calculated paragraph (e) of this section. the maximum inlet gas flowrate shall be according to the requirements of (B) For condensers installed to established based on the performance § 63.1282(f)(2)(iii) is less than the comply with § 63.1275, records of the test and supplemented, as necessary, by identified 30-day required percent annual 30-day rolling average condenser the manufacturer recommendations. reduction. efficiency determined under § 63.1282(f) (ii) * * * * * * * * (A) If the owner or operator conducts shall be kept in addition to the daily (v) For control device whose model is averages. a performance test in accordance with tested under § 63.1282(g) an excursion the requirements of § 63.1282(d)(3) to (C) For a control device whose model occurs when: is tested under § 63.1282(g), the records demonstrate that the condenser achieves (A) The inlet gas flowrate exceeds the the applicable performance required in paragraph (g) of this section. maximum established during the test (iii) Hourly records of the times and requirements in § 63.1281(d)(1), conducted under § 63.1282(g). (e)(3)(ii), or (f)(1), then the condenser durations of all periods when the vent (B) Failure of the quarterly visible stream is diverted from the control performance curve shall be based on emissions test conducted under values measured during the device or the device is not operating. § 63.1282(h)(3) occurs. * * * * * performance test and supplemented as (7) For each excursion, the owner or necessary by control device design (7) * * * operator shall be deemed to have failed (ix) Records identifying the carbon analysis, or control device to have applied control in a manner that manufacturer’s recommendations, or a replacement schedule under achieves the required operating § 63.1281(d)(5) and records of each combination or both. parameter limits. Failure to achieve the (B) If the owner or operator uses a carbon replacement. required operating parameter limits is a control device design analysis in * * * * * violation of this standard. accordance with the requirements of (f) The owner or operator of an § 63.1282(d)(4)(i) to demonstrate that (8) [Reserved] affected source subject to this subpart the condenser achieves the applicable * * * * * shall maintain records of the occurrence performance requirements specified in ■ 31. Section 63.1284 is amended by: and duration of each malfunction of

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operation (i.e., process equipment) or (i) Except as otherwise provided in submits the information specified in the air pollution control equipment and paragraph (b)(1)(ii) of this section, the paragraphs (d)(1) through (12) of this monitoring equipment. The owner or initial notification shall be submitted by section at different times, and/or operator shall maintain records of 1 year after an affected source becomes different submittals, subsequent actions taken during periods of subject to the provisions of this subpart submittals may refer to previous malfunction to minimize emissions in or by June 17, 2000, whichever is later. submittals instead of duplicating and accordance with § 63.1274(h), including Affected sources that are major sources resubmitting the previously submitted corrective actions to restore on or before June 17, 2000 and plan to information. malfunctioning process and air be area sources by June 17, 2002 shall (1) If a closed-vent system and a pollution control and monitoring include in this notification a brief, control device other than a flare are equipment to its normal or usual nonbinding description of a schedule used to comply with § 63.1274, the manner of operation. for the action(s) that are planned to owner or operator shall submit the (g) Record the following when using achieve area source status. information in paragraph (d)(1)(iii) of a control device whose model is tested (ii) An affected source identified this section and the information in under § 63.1282(g) to comply with under § 63.1270(d)(3) shall submit an either paragraph (d)(1)(i) or (ii) of this § 63.1281(d), (e)(3)(ii) and (f)(1): initial notification required for existing section. (1) All visible emission readings and affected sources under § 63.9(b)(2) (i) The condenser design analysis flowrate calculations made during the within 1 year after the affected source documentation specified in compliance determination required by becomes subject to the provisions of this § 63.1282(d)(4) of this subpart if the § 63.1282(h); and subpart or by October 15, 2013, owner or operator elects to prepare a (2) All hourly records and other whichever is later. An affected source design analysis; or recorded periods when the pilot flame identified under § 63.1270(d)(3) that (ii) If the owner or operator is is absent. plans to be an area source by October required to conduct a performance test, (h) The date the semi-annual 15, 2015, shall include in this the performance test results including maintenance inspection required under notification a brief, nonbinding the information specified in paragraphs § 63.1283(b) is performed. Include a list description of a schedule for the (d)(1)(ii)(A) and (B) of this section. of any modifications or repairs made to action(s) that are planned to achieve Results of a performance test conducted the control device during the inspection area source status. prior to the compliance date of this and other maintenance performed such * * * * * subpart can be used provided that the as cleaning of the fuel nozzles. (6) If there was a malfunction during test was conducted using the methods ■ 32. Section 63.1285 is amended by: the reporting period, the Periodic Report specified in § 63.1282(d)(3), and that the ■ a. Revising paragraph (b)(1); specified in paragraph (e) of this section test conditions are representative of ■ b. Revising paragraph (b)(6); shall include the number, duration, and current operating conditions. If the ■ c. Removing paragraph (b)(7); a brief description for each type of owner or operator operates a ■ d. Revising paragraph (d) introductory malfunction which occurred during the combustion control device model tested text; reporting period and which caused or under § 63.1282(g), an electronic copy of ■ e. Revising paragraph (d)(1) may have caused any applicable the performance test results shall be introductory text; emission limitation to be exceeded. The submitted via email to ■ _ _ _ f. Revising paragraph (d)(1)(i); report must also include a description of Oil and Gas [email protected] unless the ■ g. Revising paragraph (d)(1)(ii) actions taken by an owner or operator test results for that model of combustion introductory text; during a malfunction of an affected control device are posted at the ■ h. Revising paragraph (d)(2) source to minimize emissions in following Web site: epa.gov/airquality/ introductory text; accordance with § 63.1274(h), including oilandgas/. ■ i. Revising paragraph (d)(4) actions taken to correct a malfunction. * * * * * introductory text; * * * * * (2) If a closed-vent system and a flare ■ j. Revising paragraph (d)(4)(ii); are used to comply with § 63.1274, the ■ (d) Each owner or operator of a source k. Adding paragraph (d)(4)(iv); owner or operator shall submit ■ subject to this subpart shall submit a l. Revising paragraph (d)(10); performance test results including the ■ m. Adding paragraphs (d)(11) and Notification of Compliance Status Report as required under § 63.9(h) information in paragraphs (d)(2)(i) and (d)(12); (ii) of this section. The owner or ■ n. Revising paragraph (e)(2) within 180 days after the compliance operator shall also submit the introductory text; date specified in § 63.1270(d). In information in paragraph (d)(2)(iii) of ■ o. Revising paragraph (e)(2)(ii)(B); addition to the information required this section. ■ p. Adding paragraphs (e)(2)(ii)(D) and under § 63.9(h), the Notification of (E); Compliance Status Report shall include * * * * * ■ q. Adding paragraphs (e)(2)(x) through the information specified in paragraphs (4) For each control device other than (xiii); and (d)(1) through (12) of this section. This a flare used to meet the requirements of ■ r. Adding paragraph (g). information may be submitted in an § 63.1274, the owner or operator shall The revisions and additions read as operating permit application, in an submit the information specified in follows: amendment to an operating permit paragraphs (d)(4)(i) through (iv) of this application, in a separate submittal, or section for each operating parameter § 63.1285 Reporting requirements. in any combination of the three. If all of required to be monitored in accordance * * * * * the information required under this with the requirements of § 63.1283(d). (b) * * * paragraph have been submitted at any * * * * * (1) The initial notifications required time prior to 180 days after the (ii) An explanation of the rationale for for existing affected sources under applicable compliance dates specified why the owner or operator selected each § 63.9(b)(2) shall be submitted as in § 63.1270(d), a separate Notification of the operating parameter values provided in paragraphs (b)(1)(i) and (ii) of Compliance Status Report is not established in § 63.1283(d)(5) of this of this section. required. If an owner or operator subpart. This explanation shall include

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any data and calculations used to (D) For each excursion caused when on a compact disk or other commonly develop the value, and a description of the maximum inlet gas flowrate used electronic storage media why the chosen value indicates that the identified under § 63.1282(g) is (including, but not limited to, flash control device is operating in exceeded, the report must include the drives) to EPA. The electronic media accordance with the applicable values of the inlet gas identified and the must be clearly marked as CBI and requirements of § 63.1281(d)(1), date and duration of the period that the mailed to U.S. EPA/OAPQS/CORE CBI (e)(3)(ii), or (f)(1). excursion occurred. Office, Attention: WebFIRE * * * * * (E) For each excursion caused when Administrator, MD C404–02, 4930 Old (iv) For each carbon adsorber, the visible emissions determined under Page Rd., Durham, NC 27703. The same predetermined carbon replacement § 63.1282(h) exceed the maximum ERT file with the CBI omitted must be schedule as required in allowable duration, the report must submitted to EPA via CDX as described § 63.1281(d)(5)(i). include the date and duration of the earlier in this paragraph. At the period that the excursion occurred, * * * * * discretion of the delegated authority, repairs affected to the unit, and date the (10) The owner or operator shall you must also submit these reports, unit was returned to service. submit the analysis prepared under including the confidential business § 63.1281(e)(2) to demonstrate that the * * * * * information, to the delegated authority conditions by which the facility will be (x) The results of any periodic test as in the format specified by the delegated operated to achieve the HAP emission required in § 63.1282(d)(3) conducted authority. reduction of 95.0 percent, or the BTEX during the reporting period. (2) All reports required by this limit in § 63.1275(b)(1)(iii) through (xi) For each carbon adsorber used to subpart not subject to the requirements process modifications or a combination meet the control device requirements of in paragraph (g)(1) of this section must of process modifications and one or § 63.1281(d)(1), records of each carbon be sent to the Administrator at the more control devices. replacement that occurred during the appropriate address listed in § 63.13. (11) If the owner or operator installs reporting period. The Administrator or the delegated a combustion control device model (xii) For combustion control device authority may request a report in any tested under the procedures in inspections conducted in accordance form suitable for the specific case (e.g., § 63.1282(g), the data listed under with § 63.1283(b) the records specified by commonly used electronic media § 63.1282(g)(8). in § 63.1284(h). such as Excel spreadsheet, on CD or (xiii) Certification by a responsible (12) For each combustion control hard copy). The Administrator retains official of truth, accuracy, and device model tested under § 63.1282(g), the right to require submittal of reports completeness. This certification shall the information listed in paragraphs subject to paragraph (g)(1) of this section state that, based on information and (d)(12)(i) through (vi) of this section. in paper format. belief formed after reasonable inquiry, (i) Name, address and telephone ■ the statements and information in the 33. Section 63.1287 is amended by number of the control device document are true, accurate, and revising paragraph (a) to read as follows: manufacturer. complete. (ii) Control device model number. § 63.1287 Alternative means of emission (iii) Control device serial number. * * * * * limitation. (iv) Date the model of control device (g) Electronic reporting. (1) Within 60 (a) If, in the judgment of the was tested by the manufacturer. days after the date of completing each Administrator, an alternative means of (v) Manufacturer’s HAP destruction performance test (defined in § 63.2) as emission limitation will achieve a efficiency rating. required by this subpart you must reduction in HAP emissions at least (vi) Control device operating submit the results of the performance equivalent to the reduction in HAP parameters, maximum allowable inlet tests required by this subpart to EPA’s emissions from that source achieved gas flowrate. WebFIRE database by using the under the applicable requirements in Compliance and Emissions Data §§ 63.1274 through 63.1281, the * * * * * Reporting Interface (CEDRI) that is (e) * * * Administrator will publish a notice in accessed through EPA’s Central Data the Federal Register permitting the use (2) The owner or operator shall Exchange (CDX)(www.epa.gov/cdx). include the information specified in of the alternative means for purposes of Performance test data must be submitted compliance with that requirement. The paragraphs (e)(2)(i) through (xiii) of this in the file format generated through use section, as applicable. notice may condition the permission on of EPA’s Electronic Reporting Tool requirements related to the operation * * * * * (ERT) (see http://www.epa.gov/ttn/chief/ and maintenance of the alternative (ii) * * * ert/index.html). Only data collected means. (B) For each excursion caused when using test methods on the ERT Web site * * * * * the 30-day average condenser control are subject to this requirement for efficiency is less than the value, as submitting reports electronically to ■ 34. Appendix to Subpart HHH of Part specified in § 63.1283(d)(6)(ii), the WebFIRE. Owners or operators who 63—Table is amended by revising Table report must include the 30-day average claim that some of the information being 2 to read as follows: values of the condenser control submitted for performance tests is efficiency, and the date and duration of confidential business information (CBI) Appendix to Subpart HHH of Part 63— the period that the excursion occurred. must submit a complete ERT file Tables * * * * * including information claimed to be CBI * * * * *

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TABLE 2 TO SUBPART HHH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH

General provisions Applicable to reference subpart HHH Explanation

§ 63.1(a)(1) ...... Yes. § 63.1(a)(2) ...... Yes. § 63.1(a)(3) ...... Yes. § 63.1(a)(4) ...... Yes. § 63.1(a)(5) ...... No ...... Section reserved. § 63.1(a)(6) through (a)(8) ...... Yes. § 63.1(a)(9) ...... No ...... Section reserved. § 63.1(a)(10) ...... Yes. § 63.1(a)(11) ...... Yes. § 63.1(a)(12) ...... Yes. § 63.1(b)(1) ...... No ...... Subpart HHH specifies applicability. § 63.1(b)(2) ...... Yes. § 63.1(b)(3) ...... No. § 63.1(c)(1) ...... No ...... Subpart HHH specifies applicability. § 63.1(c)(2) ...... No. § 63.1(c)(3) ...... No ...... Section reserved. § 63.1(c)(4) ...... Yes. § 63.1(c)(5) ...... Yes. § 63.1(d) ...... No ...... Section reserved. § 63.1(e) ...... Yes. § 63.2 ...... Yes ...... Except definition of major source is unique for this source category and there are additional definitions in subpart HHH. § 63.3(a) through (c) ...... Yes. § 63.4(a)(1) ...... Yes. § 63.4(a)(2) ...... Yes. § 63.4(a)(3) ...... No ...... Section reserved. § 63.4(a)(4) ...... No ...... Section reserved. § 63.4(a)(5) ...... No ...... Section reserved. § 63.4(b) ...... Yes. § 63.4(c) ...... Yes. § 63.5(a)(1) ...... Yes. § 63.5(a)(2) ...... No ...... Preconstruction review required only for major sources that commence construction after promulgation of the standard. § 63.5(b)(1) ...... Yes. § 63.5(b)(2) ...... No ...... Section reserved. § 63.5(b)(3) ...... Yes. § 63.5(b)(4) ...... Yes. § 63.5(b)(5) ...... No ...... Section reserved. § 63.5(b)(6) ...... Yes. § 63.5(c) ...... No ...... Section reserved. § 63.5(d)(1) ...... Yes. § 63.5(d)(2) ...... Yes. § 63.5(d)(3) ...... Yes. § 63.5(d)(4) ...... Yes. § 63.5(e) ...... Yes. § 63.5(f)(1) ...... Yes. § 63.5(f)(2) ...... Yes. § 63.6(a) ...... Yes. § 63.6(b)(1) ...... Yes. § 63.6(b)(2) ...... Yes. § 63.6(b)(3) ...... Yes. § 63.6(b)(4) ...... Yes. § 63.6(b)(5) ...... Yes. § 63.6(b)(6) ...... No ...... Section reserved. § 63.6(b)(7) ...... Yes. § 63.6(c)(1) ...... Yes. § 63.6(c)(2) ...... Yes. § 63.6(c)(3) and (c)(4) ...... No ...... Section reserved. § 63.6(c)(5) ...... Yes. § 63.6(d) ...... No ...... Section reserved. § 63.6(e) ...... Yes. § 63.6(e) ...... Yes ...... Except as otherwise specified. § 63.6(e)(1)(i) ...... No ...... See § 63.1274(h) for general duty requirement. § 63.6(e)(1)(ii) ...... No. § 63.6(e)(1)(iii) ...... Yes. § 63.6(e)(2) ...... No ...... Section reserved. § 63.6(e)(3) ...... No. § 63.6(f)(1) ...... No. § 63.6(f)(2) ...... Yes. § 63.6(f)(3) ...... Yes. § 63.6(g) ...... Yes.

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TABLE 2 TO SUBPART HHH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH—Continued

General provisions Applicable to reference subpart HHH Explanation

§ 63.6(h)(1) ...... No. § 63.6(h)(2) ...... Yes. § 63.6(h)(3) ...... No ...... Section reserved. § 63.6(h)(4) through (h)(9) ...... Yes. § 63.6(i)(1) through (i)(14) ...... Yes. § 63.6(i)(15) ...... No ...... Section reserved. § 63.6(i)(16) ...... Yes. § 63.6(j) ...... Yes. § 63.7(a)(1) ...... Yes. § 63.7(a)(2) ...... Yes ...... But the performance test results must be submitted within 180 days after the compliance date. § 63.7(a)(3) ...... Yes. § 63.7(a)(4) ...... Yes. § 63.7(b) ...... Yes. § 63.7(c) ...... Yes. § 63.7(d) ...... Yes. § 63.7(e)(1) ...... No. § 63.7(e)(2) ...... Yes. § 63.7(e)(3) ...... Yes. § 63.7(e)(4) ...... Yes. § 63.7(f) ...... Yes. § 63.7(g) ...... Yes. § 63.7(h) ...... Yes. § 63.8(a)(1) ...... Yes. § 63.8(a)(2) ...... Yes. § 63.8(a)(3) ...... No ...... Section reserved. § 63.8(a)(4) ...... Yes. § 63.8(b)(1) ...... Yes. § 63.8(b)(2) ...... Yes. § 63.8(b)(3) ...... Yes. § 63.8(c)(1) ...... Yes. § 63.8(c)(1)(i) ...... No. § 63.8(c)(1)(ii) ...... Yes. § 63.8(c)(1)(iii) ...... No. § 63.8(c)(2) ...... Yes. § 63.8(c)(3) ...... Yes. § 63.8(c)(4) ...... No. § 63.8(c)(5) through (c)(8) ...... Yes. § 63.8(d)(1) ...... Yes. § 63.8(d)(2) ...... Yes. § 63.8(d)(3) ...... Yes ...... Except for last sentence, which refers to an SSM plan. SSM plans are not required. § 63.8(e) ...... Yes ...... Subpart HHH does not specifically require continuous emissions monitor performance evaluations, however, the Administrator can request that one be conducted. § 63.8(f)(1) through (f)(5) ...... Yes. § 63.8(f)(6) ...... No ...... Subpart HHH does not require continuous emissions monitoring. § 63.8(g) ...... No ...... Subpart HHH specifies continuous monitoring system data reduction requirements. § 63.9(a) ...... Yes. § 63.9(b)(1) ...... Yes. § 63.9(b)(2) ...... Yes ...... Existing sources are given 1 year (rather than 120 days) to submit this notification. § 63.9(b)(3) ...... No ...... Section reserved. § 63.9(b)(4) ...... Yes. § 63.9(b)(5) ...... Yes. § 63.9(c) ...... Yes. § 63.9(d) ...... Yes. § 63.9(e) ...... Yes. § 63.9(f) ...... Yes. § 63.9(g) ...... Yes. § 63.9(h)(1) through (h)(3) ...... Yes. § 63.9(h)(4) ...... No ...... Section reserved. § 63.9(h)(5) and (h)(6) ...... Yes. § 63.9(i) ...... Yes. § 63.9(j) ...... Yes. § 63.10(a) ...... Yes. § 63.10(b)(1) ...... Yes ...... Section 63.1284(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(b)(2) ...... Yes.

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TABLE 2 TO SUBPART HHH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH—Continued

General provisions Applicable to reference subpart HHH Explanation

§ 63.10(b)(2)(i) ...... No. § 63.10(b)(2)(ii) ...... No ...... See § 63.1284(f) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction. § 63.10(b)(2)(iii) ...... Yes. § 63.10(b)(2)(iv) through (b)(2)(v) ...... No. § 63.10(b)(2)(vi) through (b)(2)(xiv) ...... Yes. § 63.10(b)(3) ...... No. § 63.10(c)(1) ...... Yes. § 63.10(c)(2) through (c)(4) ...... No ...... Sections reserved. § 63.10(c)(5) through (c)(8) ...... Yes. § 63.10(c)(9) ...... No ...... Section reserved. § 63.10(c)(10) through (c)(11) ...... No ...... See § 63.1284(f) for recordkeeping of malfunctions. § 63.10(c)(12) through (c)(14) ...... Yes. § 63.10(c)(15) ...... No. § 63.10(d)(1) ...... Yes. § 63.10(d)(2) ...... Yes. § 63.10(d)(3) ...... Yes. § 63.10(d)(4) ...... Yes. § 63.10(d)(5) ...... No ...... See § 63.1285(b)(6) for reporting of malfunctions. § 63.10(e)(1) ...... Yes. § 63.10(e)(2) ...... Yes. § 63.10(e)(3)(i) ...... Yes ...... Subpart HHH requires major sources to submit Periodic Reports semi-annually. § 63.10(e)(3)(i)(A) ...... Yes. § 63.10(e)(3)(i)(B) ...... Yes. § 63.10(e)(3)(i)(C) ...... No ...... Section reserved. § 63.10(e)(3)(i)(D) ...... Yes. § 63.10(e)(3)(ii) through (e)(3)(viii) ...... Yes. § 63.10(f) ...... Yes. § 63.11(a) through (e) ...... Yes. § 63.12(a) through (c) ...... Yes. § 63.13(a) through (c) ...... Yes. § 63.14(a) through (q) ...... Yes. § 63.15(a) and (b) ...... Yes.

[FR Doc. 2012–16806 Filed 8–15–12; 8:45 am] BILLING CODE 6560–50–P

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Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for Six West Texas Aquatic Invertebrate Species and Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR FWS–R2–ES–2012–0029, which is the for the deaf (TDD) may call the Federal docket number for this rulemaking. Information Relay Service (FIRS) at Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail 800–877–8339. or hand-delivery to: Public Comments SUPPLEMENTARY INFORMATION: 50 CFR Part 17 Processing, Attn: FWS–R2–ES–2012– Executive Summary [Docket No. FWS–R2–ES–2012–0029; 0029; Division of Policy and Directives 4500030113] Management; U.S. Fish and Wildlife This document consists of proposed Service; 4401 N. Fairfax Drive, MS RIN 1018–AX70 rules to list six west Texas aquatic 2042–PDM; Arlington, VA 22203. invertebrate species as endangered and Endangered and Threatened Wildlife We request that you send comments propose critical habitat designations for and Plants; Endangered Status for Six only by the methods described above. the six species. The six west Texas West Texas Aquatic Invertebrate We will post all comments on http:// aquatic invertebrate species are: Species and Designation of Critical www.regulations.gov. This generally Phantom Cave snail (Pyrgulopsis Habitat means that we will post any personal texana), Phantom springsnail (Tryonia information you provide us (see the cheatumi), diminutive amphipod AGENCY: Fish and Wildlife Service, Public Comments section below for (Gammarus hyalleloides), Diamond Y Interior. more information). Spring snail (Pseudotryonia ACTION: Proposed rule. The coordinates, or plot points, or adamantina), Gonzales springsnail both from which the critical habitat (Tryonia circumstriata), and Pecos SUMMARY: We, the U.S. Fish and maps are generated are included in the amphipod (Gammarus pecos). The Wildlife Service, propose to list as administrative record for this current range for the first three species endangered and propose critical habitat rulemaking and are available at (http:// is limited to spring outflows in the San for six west Texas aquatic invertebrate www.fws.gov/southwest/es/ Solomon Springs system near species under the Endangered Species AustinTexas/), http:// Balmorhea in Reeves and Jeff Davis Act. These actions are being taken as the www.regulations.gov at Docket No. Counties, Texas. The current range of result of a court-approved settlement FWS–R2–ES–2012–0029, and at the the latter three species is restricted to agreement. These are proposed Austin Ecological Services Field Office spring outflow areas within the regulations, and if finalized the effect of (see FOR FURTHER INFORMATION CONTACT). Diamond Y Spring system north of Fort these regulations will be to conserve the Any additional tools or supporting Stockton in Pecos County, Texas. species and protect their habitat under information that we may develop for Why we need to publish a rule. Under the Endangered Species Act. this rulemaking will also be available at the Endangered Species Act, a species DATES: We will accept comments the Fish and Wildlife Service Web site may warrant protection through listing received or postmarked on or before and Field Office set out above, and may if it is endangered or threatened October 15, 2012. We must receive also be included in the preamble and/ throughout all or a significant portion of requests for public hearings, in writing, or at http://www.regulations.gov. its range. In this proposal we are at the address shown in FOR FURTHER FOR FURTHER INFORMATION CONTACT: explaining why these six species INFORMATION CONTACT by October 1, Adam Zerrenner, Field Supervisor, U.S. warrant protection under the 2012. Fish and Wildlife Service, Austin Endangered Species Act. Five of the six ADDRESSES: You may submit comments Ecological Services Field Office, 10711 species of aquatic invertebrates are by one of the following methods: Burnet Road, Suite 200, Austin, TX currently identified as candidates for (1) Electronically: Go to the Federal 78758; by telephone 512–490–0057; or listing based on threats to their habitat. eRulemaking Portal: http:// by facsimile 512–490–0974. Persons The table below summarizes the status www.regulations.gov and search for who use a telecommunications device of each species:

Species Present range Status of species

Phantom Cave snail ...... San Solomon Spring system (four springs) ...... common in a very restricted range. Phantom Lake springsnail ... San Solomon Spring system (four springs) ...... very rare in a very restricted range. diminutive amphipod ...... San Solomon Spring system (four springs) ...... common in a very restricted range. Diamond Y Spring snail ...... Diamond Y Spring system (two springs) ...... very rare in a very restricted range. Gonzales springsnail ...... Diamond Y Spring system (two springs) ...... very rare in a very restricted range. Pecos amphipod ...... Diamond Y Spring system (two springs) ...... common in a very restricted range

These rules propose that all six of Overutilization for commercial, water contamination at the Diamond Y these species should be listed as recreational, scientific, or educational Spring system. endangered. We are proposing a listing purposes; (C) Disease or predation; (D) • Inadequate existing regulatory status of endangered for these six The inadequacy of existing regulatory mechanisms that allow significant species of aquatic invertebrates from mechanisms; or (E) Other natural or threats such as groundwater west Texas. manmade factors affecting its continued withdrawal. The Endangered Species Act provides existence. We are proposing that all six • Other natural or manmade factors, the basis for our action. Under the species are endangered by the combined including the presence of nonnative Endangered Species Act, we can effects of: snails and the small, reduced ranges of determine that a species is endangered • Habitat loss and degradation of the species. or threatened based on any of five aquatic resources, particularly the These rules also propose designation factors: (A) The present or threatened current and ongoing decline in spring of critical habitat for each of the six destruction, modification, or flows that support the habitat of all the species. Under the Endangered Species curtailment of its habitat or range; (B) species, and the potential for future Act, we designate specific areas as

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critical habitat to foster conservation of ensure they do not adversely modify Texas as critical habitat for Phantom listed species. Future actions funded, critical habitat. Critical habitat does not Cave snail, Phantom springsnail, and permitted, or otherwise carried out by affect private actions on private lands. diminutive amphipod: Federal agencies will be reviewed to We are proposing the following areas in

Size of unit in Critical habitat unit Land ownership by type hectares (acres)

San Solomon Spring, Reeves County ...... State—Texas Parks and Wildlife Department ...... 1.8 (4.4) Giffin Spring, Reeves County ...... Private ...... 0.7 (1.7) East Sandia Spring, Reeves County ...... Private—The Nature Conservancy ...... 1.2 (3.0) Phantom Lake Spring, Jeff Davis County ...... Federal—Bureau of Reclamation ...... 0.02 (0.05)

Total ...... 3.7 (9.2) Note: Area sizes may not sum due to rounding.

We are proposing the following areas snail, Gonzales springsnail, and Pecos as critical habitat for Diamond Y Spring amphipod:

Size of unit in Critical habitat unit Land ownership by type hectares (acres)

Diamond Y Spring System, Pecos County ...... Private—The Nature Conservancy ...... 178.6 (441.4)

Total ...... 178.6 (441.4)

We are preparing an economic Public Comments designation such that the designation of critical habitat may not be prudent. analysis. We are preparing an economic We intend that any final action (6) Specific information on: analysis of the proposed designations of resulting from these proposed rules will (a) The amount and distribution of critical habitat to allow for be based on the best scientific and habitat for the six west Texas aquatic consideration of the economic impacts commercial data available and be as of the proposed designations of critical invertebrates; accurate and as effective as possible. (b) What areas, that were occupied at habitat. We will publish an Therefore, we request comments or announcement and seek public the time of listing (or are currently information from the public, other occupied) and that contain features comments on the draft economic concerned governmental agencies, analysis when it is completed. essential to the conservation of the Native American tribes, the scientific species, should be included in the We will request peer review of the community, industry, or any other designation and why; methods used in our proposal. We are interested parties concerning these (c) Special management seeking comments from independent proposed rules. We particularly seek considerations or protection that may be specialists with scientific expertise in comments concerning: needed in critical habitat areas we are these species or related fields. We have (1) Biological, commercial trade, or proposing, including managing for the invited these peer reviewers to comment other relevant data concerning any potential effects of climate change; and on the scientific information and threats (or lack thereof) to this species (d) What areas not occupied at the methods that we used in making this and regulations that may be addressing time of listing are essential for the proposal. Because we will consider all those threats. conservation of the species and why. comments and information received (2) Additional information concerning (7) Land use designations and current during the comment period, our final the historical and current status, range, or planned activities in the subject areas determinations may differ from this distribution, and population size of this and their possible impacts on proposed proposal. species, including the locations of any critical habitat. We are seeking public comment on additional populations of this species. (8) Information on the projected and these proposed rules. Anyone is (3) Any information on the biological reasonably likely impacts of climate welcome to comment on our proposal or or ecological requirements of the change on the six west Texas aquatic provide additional information on the species, and ongoing conservation invertebrates and proposed critical proposal that we can use in making a measures for the species and its habitat. habitat. final determination on the status of (4) Current or planned activities in the (9) Any probable economic, national these species. Please submit your areas occupied by the species and security, or other relevant impacts of comments and materials concerning possible impacts of these activities on designating any area that may be these proposed rules by one of the this species. included in the final designation; in methods listed in the ADDRESSES (5) The reasons why we should or particular, any impacts on small entities section. Within 1 year following the should not designate habitat as ‘‘critical or families, and the benefits of including publication of this proposal, we will habitat’’ under section 4 of the Act (16 or excluding areas that exhibit these publish in the Federal Register a final U.S.C. 1531 et seq.) including whether impacts. determination to list one or more of there are threats to the species from (10) Whether any specific areas we are these species as threatened or human activity, the degree of which can proposing for critical habitat endangered, or withdraw the proposals be expected to increase due to the designation should be considered for if new information is provided that designation, and whether that increase exclusion under section 4(b)(2) of the supports that decision. in threat outweighs the benefit of Act, and whether the benefits of

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potentially excluding any specific area texana) was referred to as the Reeves 1989, Endangered or Threatened outweigh the benefits of including that County snail (Cochliopa texana), and Wildlife and Plants, Annual Notice of area under section 4(b)(2) of the Act. the Phantom springsnail was referred to Review (54 FR 554). These snails were (11) Whether the benefits of exclusion as the Cheatum’s snail. The proposal designated as Category 1 candidates, outweigh the benefits of including the was withdrawn on March 6, 1979 (44 FR indicating we had substantial area proposed as critical habitat around 12382), following 1978 amendments to information to support listing, but a San Solomon Spring at Balmorhea State the Act that made additional proposed rule was precluded by other Park based on the existing habitat requirements necessary for designating listing activities. These two species conservation plan or other relevant critical habitat. Both species were added were included in all of our subsequent factors. as candidates for listing in the May 22, annual Candidate Notices of Review (12) Whether we could improve or 1984, Notice of Review of Invertebrate even after discontinuing the candidate modify our approach to designating Wildlife for Listing as Endangered or categories (56 FR 58804, November 21, critical habitat in any way to provide for Threatened Species (49 FR 21664). At 1991, and 59 FR 58982, November 15, greater public participation and that time they were categorized as 1994). From 1996 to 1999 these two understanding, or to better Category 2 Candidates, which meant species had a listing priority number of accommodate public concerns and that we had information that proposed 5, reflecting species with high comments. listing is possibly appropriate, but magnitude but nonimminent threats (61 Please note that submissions merely conclusive data on biological FR 7596, February 28, 1996; 62 FR stating support for or opposition to the vulnerability and threats was not 49398, September 19, 1997; and 64 FR action under consideration without available to support a proposed rule at 57534, October 25, 1999). In 2001 we providing supporting information, the time. They remained so designated elevated the listing priority number although noted, will not be considered in our subsequent annual Candidate from 5 to 2 because of a new, imminent in making a determination, as section Notices of Review (54 FR 554, January threat associated with the introduction 4(b)(1)(A) of the Act directs that 6, 1989; 56 FR 58804, November 21, of nonnative snails into the species’ determinations as to whether any 1991; and 59 FR 58982, November 15, habitat. A listing priority of 2 indicates species is a threatened or endangered 1994). In the February 28, 1996, Notice both high magnitude and imminent species must be made ‘‘solely on the (61 FR 7596), we discontinued the threats. Both species have maintained a basis of the best scientific and designation of Category 2 species as listing priority of 2 since then (66 FR commercial data available.’’ candidates, which removed these two 54808, October 30, 2001; 67 FR 40657, You may submit your comments and species from the candidate list. June 13, 2002; and 69 FR 24876, May 4, materials concerning these proposed Both species were then added back to 2004). These two species were also rules by one of the methods listed in the the candidate list on October 30, 2001 petitioned for listing on May 11, 2004, ADDRESSES section. We request that you (66 FR 54808). Species on the candidate and were found to be warranted for send comments only by the methods list are those fish, wildlife, and plants listing but precluded by higher priority described in the ADDRESSES section. for which we have on file sufficient activities in subsequent Candidate If you submit information via http:// information on biological vulnerability Notice of Reviews (70 FR 24870, May www.regulations.gov, your entire and threats to support preparation of a 11, 2005; 71 FR 53756, September 12, submission—including any personal listing proposal, but for which 2006; 72 FR 69034, December 6, 2007; identifying information—will be posted development of a listing regulation is 73 FR 75176, December 10, 2008; 74 FR on the Web site. If your submission is precluded by other higher priority 57804, November 9, 2009; and 75 FR made via a hardcopy that includes listing activities. Since 2001, the listing 69222, November 10, 2010). The personal identifying information, you priority number for both species has October 26, 2011, Candidate Notice of may request at the top of your document been a 2, reflecting species with threats Review (76 FR 66370) stated that we that we withhold this information from that are both imminent and high in were working on proposed listing rules public review. However, we cannot magnitude in accordance with our for these species. guarantee that we will be able to do so. priority guidance published on We will post all hardcopy submissions September 21, 1983 (48 FR 43098). We identified the diminutive on http://www.regulations.gov. Please These two snails remained candidates amphipod and Pecos amphipod as include sufficient information with your in subsequent Candidate Notices of Category 2 candidate species for listing comments to allow us to verify any Review (67 FR 40657, June 13, 2002; 69 in the May 22, 1984, Notice of Review scientific or commercial information FR 24876, May 4, 2004). Both species of Invertebrate Wildlife for Listing as you include. were also petitioned for listing on May Endangered or Threatened Species (49 Comments and materials we receive, 11, 2004, and were found to be FR 21664). They remained so designated as well as supporting documentation we warranted for listing but precluded by in our subsequent annual Candidate used in preparing these proposed rules, higher priority activities in subsequent Notices of Review (54 FR 554, January will be available for public inspection Candidate Notice of Reviews (70 FR 6, 1989; 56 FR 58804, November 21, on http://www.regulations.gov, or by 24870, May 11, 2005; 71 FR 53756, 1991; and 59 FR 58982, November 15, appointment, during normal business September 12, 2006; 72 FR 69034, 1994). In the February 28, 1996, Notice hours, at the U.S. Fish and Wildlife December 6, 2007; 73 FR 75176, (61 FR 7596), we discontinued the Service, Austin Ecological Services December 10, 2008; 74 FR 57804, designation of Category 2 species as Field Office (see FOR FURTHER November 9, 2009; and 75 FR 69222, candidates, which removed these two INFORMATION CONTACT). November 10, 2010). The October 26, species from the candidate list. The 2011, Candidate Notice of Review (76 diminutive amphipod was added back Previous Federal Actions FR 66370) stated that we were working to the candidate list on May 11, 2005 We first proposed the Phantom Cave on proposed listing rules for these (70 FR 24870), and has remained a snail and Phantom springsnail as species. candidate with a listing priority number endangered species on April 28, 1976 We identified the Diamond Y Spring of 2 (reflecting both high-magnitude and (41 FR 17742). At that time, the snail and Gonzales springsnail as imminent threats) since that time (71 FR Phantom Cave snail (Pyrgulopsis candidates for listing in the January 6, 53756, September 12, 2006; 72 FR

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69034, December 6, 2007; 73 FR 75176, Gonzales springsnail, and Pecos Spring). Brune (1981, pp. 258–259, 382– December 10, 2008; 74 FR 57804, amphipod) occur within a relatively 386) provides a brief overview of each November 9, 2009; and 75 FR 69222, small area of the Chihuahuan Desert of of these springs and documents their November 10, 2010). The October 26, the Pecos River drainage basin of west declining flows during the early and 2011, Candidate Notice of Review (76 Texas. The habitats of these species are middle twentieth century. FR 66370) stated that we were working now isolated spring systems in The San Solomon Spring system is on a proposed listing rule for the expansive carbonate (limestone) located in the Chihuahuan Desert of diminutive amphipod. deposit. The region includes a complex west Texas at the foothills of the Davis The Pecos amphipod was not of aquifers (underground water systems) Mountains near Balmorhea, Texas. included in recent candidate notices where the action of water on soluble Phantom Lake Spring is in Jeff Davis along with the other species in this rocks (like limestone and dolomite) has County (on the county boundary with proposal because of taxonomic formed abundant ‘‘karst’’ features such Reeves County), while the other major uncertainties, which have since been as sinkholes, caverns, springs, and springs in this system are in Reeves resolved. In the past it was unclear underground streams. These County. In addition to being an whether this species range was limited hydrogeological formations provide important habitat for rare aquatic fauna, to Diamond Y Spring. Recent genetic unique settings where a diverse area springs have served for centuries as research has confirmed that the species assemblage of flora and fauna has an important source of irrigation water is endemic to Diamond Y Spring (see evolved at the points where the aquifers for local farming communities. They are full discussion below under Taxonomy, discharge waters to the surface through all located near the small town of Distribution, and Abundance of spring openings. The isolated limestone Balmorhea (current population of less Amphipods, Pecos Amphipod). The and gypsum springs, seeps, and than 500 people) in west Texas. The Pecos amphipod was included in the wetlands located in this part of west area is very rural with no nearby June 25, 2007, petition by WildEarth Texas provide the only known habitats metropolitan centers. Land ownership Guardians to the Service seeking the for several endemic species of fish, in the region is mainly private, except listing of 475 species in the plants, mollusks, and crustaceans, as described below around the spring southwestern United States. On January including the six endemic aquatic openings, and land use is 6, 2009, we published a partial 90-day invertebrate species addressed in these predominantly dry-land ranching with finding of the petition for listing 475 proposed rules. some irrigated farmland. species which included a finding that In the Chihuahuan Desert, spring- The base flows from all of these the petition did not present substantial adapted aquatic species are distributed springs are thought to ultimately scientific or commercial information in isolated, geographically separate originate from a regional groundwater indicating that the listing of the Pecos populations. They likely evolved into flow system. Studies show that amphipod may be warranted (74 FR distinct species from parent species that groundwater moves through geologic 419). During our current review of the once enjoyed a wider distribution faults from the Salt Basin northwest of other species endemic to the Diamond during wetter, cooler climates of the the Apache and Delaware Mountains, Y Spring system, we reviewed the status Pleistocene epoch (about 10,000 to 2.5 located 130 km (80 mi) or more to the of the Pecos amphipod. Based on the million years before present). As ancient west of the springs (Sharp 2001, pp. 42– results of that review, we are proposing lakes and streams dried during dry 45; Angle 2001, p. 247; Sharp et al. to list it as endangered. periods (since the Late Pleistocene, 2003, pp. 8–9; Chowdhury et al. 2004, within about the last 100,000 years), pp. 341–342; Texas Water Development Background aquatic species in this region became Board 2005, p. 106). The originating We intend to discuss below only patchily distributed across the groundwater and spring outflow are those topics directly relevant to the landscape as geographically isolated moderately to highly mineralized and consideration of the listing of the six populations exhibiting a high degree of appear to be of ancient origin, with the west Texas aquatic invertebrates as endemism (species found only in a water being estimated at 10,000 to endangered and proposed critical particular region, area, or spring). Such 18,000 years old (Chowdhury et al. habitat designations. We have organized speciation through divergence has been 2004, p. 340; Texas Water Development this Background section into three reported for these species (Gervasio et Board 2005, p. 89). The Salt Basin parts. The first part is a general al. 2004, p. 521; Brown et al. 2008, pp. Bolson aquifer is part of the larger West description of the two primary spring 486–487; Seidel et al. 2009, p. 2304). Texas Bolsons and is made up of systems where the six species occur. connected sub-basins underlying Wild San Solomon Spring System The second part is a general description Horse, Michigan, Lobo, and Ryan Flats, of the life history and biology of the four In these proposed rules we reference in the middle and southern Salt Basin snail species, followed by specific the San Solomon Spring system to Valley in Texas (Angle, 2001, p. 242). biological information on each of the include four different existing spring (The term bolson is of Spanish origin four snail species. The third part is a outflows: San Solomon Spring, Giffin and refers to a flat-floored desert valley general description of the life history Spring, Phantom Lake Spring, and East that drains to a playa or flat.) These and biology of the two amphipod Sandia Spring. The springs in this area aquifers, which support the base flows species, followed by specific biological are also commonly referred to by some (flows not influenced by seasonal information on each of the two authors as Toyah Basin springs or rainfall events) of the San Solomon amphipod species. Balmorhea area springs. All of the Spring system, receive little to no springs historically drained into Toyah modern recharge from precipitation Description of Chihuahuan Desert Creek, an intermittent tributary of the (Scanlon et al. 2001, p. 28; Beach et al. Springs Inhabited by Invertebrate Pecos River that is now dry except 2004, pp. 6–9, 8–9). Studies of the Species following large rainfall events. All four regional flow system indicate The six west Texas aquatic springs are located in proximity to one groundwater may move from south to invertebrate species (Phantom Cave another; it is about 13 kilometers (km) north through the Salt Basin from Ryan snail, Phantom springsnail, diminutive (8 miles (mi)) between the farthest two to Lobo to Wild Horse Flats before being amphipod, Diamond Y Spring snail, (East Sandia Spring to Phantom Lake discharged through the Capitan

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Formation, into the Lower Cretaceous substrates on the bottom and was aquatic species of concern there is the rocks (older than Pleistocene) via large originally constructed in 1936. red-rim melania. geologic faults then exiting to the Balmorhea State Park is owned and Phantom Lake Spring is at the base of surface at the springs (LaFave and Sharp managed by Texas Parks and Wildlife the Davis Mountains about 6 km (4 mi) 1987, pp. 7–12; Angle 2001, p. 247; Department and encompasses about 19 west of Balmorhea State Park at an Sharp 2001, p. 42–45; Chowdhury et al. hectares (ha) (46 acres (ac)) located elevation of 1,080 m (3,543 ft). The 2004, pp. 341–342; Beach et al. 2004, about 6 km (4 mi) west of Balmorhea in outflow originates from a large crevice Figure 4.1.13, p. 4–19, 4–53). Chemical the historic community of Toyahvale. on the side of a limestone outcrop cliff. analysis and hydrogeological studies The Park provides recreational The 7-ha (17-ac) site around the spring support this hypothesis, and the water opportunities of camping, wildlife and cave opening is owned by the U.S. elevations throughout these parts of the viewing, and swimming and scuba Bureau of Reclamation. Prior to 1940 the Salt Basin Bolson aquifer are higher in diving in the pool. The District holds recorded flow of this spring was elevation than the discharge points at the water rights for the spring which is regularly exceeding 0.5 cms (18 cfs). the springs (Chowdhury et al. 2004, p. channeled through an extensive system Outflows after the 1940s were 342). of concrete-lined irrigation channels, immediately captured in concrete-lined In contrast to the base flows, the and much of the water is stored in irrigation canals and provided water for springs also respond with periodic nearby Lake Balmorhea and delivered local crops before connecting to the short-term increases in flow rates through canals for flood irrigation on District’s canal system in Balmorhea following local, seasonal rainstorms farms down gradient (Simonds 1996, p. State Park. Flows declined steadily over producing runoff events through 2). the next 70 years until ceasing recharge areas from the Davis Balmorhea State Park’s primary completely in about the year 2000 Mountains located to the southwest of wildlife resource focus is on (Brune 1981, pp. 258–259; Allan 2000, the springs (White et al. 1941, pp. 112– conservation of the endemic aquatic p. 51; Hubbs 2001, p. 306). The aquatic 119; LaFave and Sharp 1987, pp. 11–12; species that live in the outflow of San habitat at the spring pool has been Chowdhury et al. 2004, p. 341). These Solomon Spring (Texas Parks and maintained by a pumping system since freshwater recharge events provide very Wildlife Department 1999, p. 1). Texas then. Phantom Lake Spring is also temporary increases in spring flows, Parks and Wildlife Department inhabited by the two federally listed sometimes resulting in flow spikes maintains two constructed cie´negas that fishes, Comanche Springs pupfish and Pecos gambusia, and the only nonnative many times larger than the regular base are flow-through, earth-lined pools in flows. The increased flows are short- aquatic species of concern there is the the park to simulate more natural lived until the local stormwater recharge red-rim melania. aquatic habitat conditions for the is drained away and spring flows return East Sandia Spring is the smallest conservation of the rare species, to base flows supported by the distant spring in the system located in Reeves including the Phantom Cave snail, aquifers. Historically, many of the County in the community of Brogado Phantom springsnail, and diminutive springs in this spring system were likely approximately 3 km (2 mi) northeast of amphipods. (Cie´nega is a Spanish term periodically interconnected following the town of Balmorhea and 7.7 km (4.8 that describes a spring outflow that is a storm events with water flowing mi) northeast of Balmorhea State Park. permanently wet and marshy area.) San throughout the Toyah Creek watershed. The spring is within a 97-ha (240-ac) Solomon Spring is also inhabited by two In recent times, however, manmade preserve owned and managed by The structures altered the patterns of spring federally listed fishes, Comanche Nature Conservancy—a private outflows and stormwater runoff, largely Springs pupfish (Cyprinodon elegans) nonprofit conservation organization isolating the springs from one another and Pecos gambusia (Gambusia nobilis). (Karges 2003, pp. 145–146). In contrast except through irrigation canals. No nonnative fishes are known to occur to the other springs in the San Solomon San Solomon Spring is by far the in San Solomon Spring, but two Spring system that are derived directly largest single spring in the Toyah Basin nonnative aquatic snails, red-rim from a deep underground regional flow (Brune 1981, p. 384). The artesian melania (Melanoides tuberculata) and system, East Sandia Spring discharges spring issues from the lower Cretaceous quilted melania (Tarebia granifera), do from alluvial sand and gravel from a limestone at an elevation of about 1,008 occur in the spring outflows and are a shallow groundwater source at an meters (m) (3,306 feet (ft)). Brune (1981, cause for concern for the native aquatic elevation of 977 m (3,224 ft) (Brune p. 385) reported spring flows in the invertebrate species. 1981, p. 385; Schuster 1997, p. 92). range of 1.3 to 0.8 cubic meters per Giffin Spring is on private property Water chemistry at East Sandia Spring second (cms) (46 to 28 cubic feet per less than 1.6 km (1.0 mi) west of indicates it is not directly second (cfs)) between 1900 and 1978 Balmorhea State Park, across State hydrologically connected with the other indicating an apparent declining trend. Highway 17. The spring originates from springs in the San Solomon Spring Texas Water Development Board (2005, an elevation similar to San Solomon system in the nearby area (Schuster p. 84) studies reported an average flow Spring. Brune (1981, p. 385) reported 1997, pp. 92–93). Historically there was rate of about 0.85 cms (30 cfs) from data flow from Giffin Spring ranging from an additional, smaller nearby spring between 1965 to 2001 with a calculated 0.07 to 0.17 cms (2.3 to 5.9 cfs) between outlet called West Sandia Spring. Brune slope showing a slight decline in 1919 and 1978, with a gradually (1981, pp. 385–386) reported the discharge. declining trend. During calendar year combined flow of East and West Sandia San Solomon Spring now provides 2011, Giffin Spring flow rates were Springs as declining, with the water for the large, unchlorinated, recorded between 0.10 and 0.17 cms measurements ranging from 0.09 to 0.02 flow-through swimming pool at (3.4 and 5.9 cfs) (U.S. Geological Survey cms (3.2 to 0.7 cfs) between 1932 and Balmorhea State Park and most of the 2012, p. 1). Giffin Spring water flows are 1976. In 1976 outflow from East Sandia irrigation water for downstream captured in irrigation earthen channels was 0.01 cms (0.5 cfs) of the total 0.02 agricultural irrigation by the Reeves for agricultural use. Giffin Spring is also cms (0.7 cfs) of the two springs. In 1995 County Water Improvement District No. inhabited by the federally listed and 1996 Schuster (1997, p. 94) reported 1 (District). The swimming pool is Comanche springs pupfish and Pecos flows from both springs ranging from concrete on the sides and natural gambusia, and the only nonnative 0.12 to 0.01 cms (4.07 cfs to 0.45 cfs),

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with an average of 0.05 cms (1.6 cfs). Spring outflow converges with the Leon and Ward Counties (Boghici and Van The outflow waters from the spring Creek drainage and flows through a Broekhoven 2001, p. 219). Much of the discharge to an irrigation canal within a marsh-meadow, where it is then referred water contains high total dissolved few hundred meters from its source. to as Diamond Y Draw. All of the small solids (Boghici and Van Broekhoven East Sandia Spring is also inhabited by springs and seeps and their outflow 2001, p. 219) making it difficult for two federally listed fishes, Comanche comprise the upper watercourse. These agricultural or municipal use; therefore, Springs pupfish and Pecos gambusia, as lateral water features, often not mapped, the aquifer has experienced only limited well as the federally endangered Pecos are spread across the flat, seasonally pumping in the past (Mace 2001, pp. 7– assiminea (Assiminea pecos) snail and wetted area along Diamond Y Draw. 9). the federally threatened Pecos Therefore, unlike other spring systems Other springs in the area may have sunflower (Helianthus paradoxus). No that have a relatively small footprint, once provided habitat for the aquatic nonnative aquatic species of concern are aquatic habitat covers a relatively large species but limited information is known from East Sandia Spring. area along the Diamond Y draw. generally available on historic Historically there were other area The lower watercourse of Diamond Y distribution of the invertebrates. Leon springs along Toyah Creek that were Draw has a smaller head pool spring, Springs, a large spring that historically part of the San Solomon Spring system. referred to as Euphrasia Spring, with a occurred about 14 km (9 miles) Saragosa and Toyah Springs occurred in small outflow stream as well as several upstream along Leon Creek, historically the town of Balmorhea along Toyah isolated pools and associated seeps and discharged about 0.7 cms (25 cfs) in Creek. Brune (1981, p. 386) reported wetland areas. The total length of the 1920, 0.5 cms (18 cfs) in the 1930s, 0.4 historic base flows of about 0.2 cms (6 lower watercourse is about 1 km (0.6 cms (14 cfs) in the 1940s, and no cfs) in the 1920s and 1940s, declining to mi) and has extended below the bridge discharge from 1958 to 1971 (Brune about 0.06 cms (2 cfs) in the 1950s and at State Highway 18 during wetter 1981, p. 359). Nearby groundwater 1960s, and no flow was recorded in seasons in the past. The upper pumping to irrigate farm lands began in 1978. Brune (1981, p. 385) reported that watercourse is only hydrologically 1946, which lowered the contributing the flow from West Sandia Spring was connected to the lower watercourse by aquifer by 40 m (130 feet) by the 1970s about 0.01 cms (0.2 cfs) in 1976, after surface flows during rare large rainstorm and resulted in the loss of the spring. combined flows from East and West runoff events. The lower watercourse The only circumstantial evidence that Sandia Springs had exceeded 0.07 cms also contains small springs and seeps any of the three invertebrates that occur (2.5 cfs) between the 1930s and early laterally separated from the main spring in nearby Diamond Y Spring may have 1960s. The Texas Water Development outflow channels. occurred in Leon Springs is that the Board (2005, p. 12) reported West Virtually all of the Diamond Y Spring spring is within the same drainage and Sandia and Saragosa Springs did not area (both upper and lower an endemic fish, Leon Springs pupfish, discharge sufficient flow for watercourses and the area in between) once occurred in both Diamond Y and measurement. Karges (2003, p. 145) occurs on the Diamond Y Spring Leon Springs. indicated West Sandia has only Preserve, which is owned and managed Comanche Springs is another large intermittent flow and harbors no aquatic by The Nature Conservancy. The historic spring located in the City of fauna. It is unconfirmed whether the six Diamond Y Spring Preserve is 1,603 ha Fort Stockton. Prior to the 1950s, this aquatic invertebrates discussed in this (3,962 ac) of contiguous land around spring discharged more than 1.2 cms (42 document occurred in these now dry Diamond Y Draw. The surrounding cfs) (Brune 1981, p. 358) and provided spring sites, but given their current watershed and the land area over the habitat for rare species of fishes and distribution in springs located upstream contributing aquifers are all privately invertebrates. As a result of groundwater and downstream of these historic owned and managed as ranch land and pumping for agriculture, the spring springs, we assume that they probably have been developed for oil and gas ceased flowing by 1962 (Brune 1981, p. did. However, because these springs extraction. In addition, a natural gas 358), eliminating all aquatic-dependent have been dry for many decades, they processing plant is located within 0.8 plants and animals (Scudday 1977, pp. no longer provide habitat for the aquatic km (0.5 mi) upslope of the headpool in 515–518; Scudday 2003, pp. 135–136). invertebrates. the upper watercourse of Diamond Y Although we do not have data Spring. Diamond Y Spring is also confirming that Comanche Springs was Diamond Y Spring System inhabited by two federally listed fishes, inhabited by all of the Diamond Y The Diamond Y Spring system is Leon Springs pupfish (Cyprinodon Spring species, there is evidence that at within a tributary drainage flowing bovinus) and Pecos gambusia, as well as least the two snails (Diamond Y Spring northeast to the Pecos River. Diamond Y the federally endangered Pecos snail and Gonzales springsnail) Spring (previously called Willbank assiminea snail and the federally occurred there at some time in the past Spring) is located about 80 km (50 mi) threatened Pecos sunflower. The only (see Taxonomy, Distribution, due east of San Solomon Spring and nonnative species of concern at Abundance, and Habitat of Snails, about 12 km (8 mi) north of the City of Diamond Y Spring is the red-rim below). Fort Stockton in Pecos County. The melania, which is only known to occur Diamond Y Spring system is composed in the upper watercourse. Life History and Biology of Snails of disjunct upper and lower Studies by Boghici (1997, p. v) The background information watercourses, separated by about 1 km indicate that the spring flow at Diamond presented in this section applies to all (0.6 mi) of dry stream channel. Y Spring originates chiefly from the four species of snails in these proposed The upper watercourse is about 1.5 Rustler aquifer waters underlying the rules: Phantom Cave snail, Phantom km (0.9 mi) long and starts with the Delaware Basin to the northwest of the springsnail, Diamond Y Spring snail, Diamond Y Spring head pool, which spring outlets (Boghici and Van and Gonzales springsnail. All four of drains into a small spring outflow Broekhoven 2001, p. 219). The Rustler these snails are in the family channel. The channel enters a broad aquifer underlies an area of Hydrobiidae and are strictly aquatic valley and braids into numerous approximately 1,200 sq km (480 sq mi) with respiration occurring through an wetland areas and is augmented by encompassing most of Reeves County internal gill. These hydrobiid snails numerous small seeps. The Diamond Y and parts of Culberson, Pecos, Loving, (snails in the family Hydrobiidae)

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typically reproduce several times during Native fishes have been shown to prey Solomon, Phantom, Giffin, and East the spring to fall breeding season upon these snails (Winemiller and Sandia springs). Hershler et al. (2010, p. (Brown 1991, p. 292) and are sexually Anderson 1997, pp. 209–210; Brown et 250) did not include Giffin Spring in dimorphic (males and females are al. 2008, p. 489), but it is unknown to this species distribution, but shaped differently), with females being what degree predatory pressure may unpublished data from Lang (2011, p. 5) characteristically larger and longer-lived play a role in controlling population confirms that the species is also found than males. Snails in the Pyrgulopsis abundances or influencing habitat use. in Giffin Spring outflows as well as the genus (Phantom Cave snail) reproduce There are currently no nonnative fishes other three springs in the San Solomon through laying a single small egg in the springs where the species occur, Spring system. The geographic extent of capsule deposited on a hard surface so there is no unnatural predation the historic range for the Phantom Cave (Hershler 1998, p. 14). The other three pressure from fish suspected. snail was likely not larger than the snail species are ovoviviparous, Because of their small size and present range, but the species may have meaning the larval stage is completed in dependence on water, significant occurred in additional small springs the egg capsule, and upon hatching, the dispersal (in other words, movement contained within the current range of snails emerge into their adult form between spring systems) does not likely the San Solomon Spring system, such as (Brusca and Brusca 1990, p. 759; occur, although on rare occasions Saragosa and Toyah Springs. It likely Hershler and Sada 2002, p. 256). The aquatic snails have been transported by also had a larger distribution within lifespan of most aquatic snails is becoming attached to the feathers and Phantom Lake Spring and San Solomon thought to be 9 to 15 months (Taylor feet of migratory birds (Roscoe 1955, p. Spring before the habitat there was 1985, p. 16; Pennak 1989, p. 552). 66; Dundee et al. 1967, pp. 89–90). In modified and reduced in conversion of All of these snails are presumably general, the species have little capacity spring outflow channels into irrigation fine-particle feeders on detritus (organic to move beyond their isolated aquatic ditches. material from decomposing organisms) environments. Within its current, limited range, and periphyton (mixture of algae and Phantom Cave snails can exist in very Taxonomy, Distribution, Abundance, high densities. Dundee and Dundee other microbes attached to submerged and Habitat of Snails surfaces) associated with the substrates (1969, pp. 207) described the abundance (mud, rocks, and vegetation) (Allan Phantom Cave Snail (Pyrgulopsis texana of the Phantom Cave snails at Phantom Lake Spring in 1968 as persisting ‘‘in 1995, p. 83; Hershler and Sada 2002, p. Pilsbry 1935) such tremendous numbers that the 256; Lysne et al. 2007, p. 649). Dundee The Phantom Cave snail was first bottom and sides of the canal appear and Dundee (1969, p. 207) found described by Pilsbry (1935, pp. 91–92). black from the cover of snails.’’ Today diatoms (a group of single-celled algae) It is a very small snail, measuring only the snails are limited to the small pool to be the primary component in the 0.98 to 1.27 millimeters (mm) (0.04 to at the mouth of Phantom Cave and digestive tract, indicating they are a 0.05 inches (in)) long (Dundee and cannot be found in the irrigation canal primary food source. Dundee 1969, p. 207). Until 2010, the downstream. At San Solomon Spring, These hydrobiid snails from west species was placed in the genus Taylor (1987, p. 41) reported the Texas occur in mainly flowing water Cochliopa (Dundee and Dundee 1969, p. Phantom Cave snail was abundant and habitats such as small springs, seeps, 209; Taylor 1987, p. 40). Hershler et al. generally distributed in the canals from marshes, spring pools, and their (2010, pp. 247–250) reviewed the 1965 to 1981. Density data and simple outflows. Proximity to spring vents, systematics of the species and population size estimates based on where water emerges from the ground, transferred Phantom Cave snail to the underwater observations indicate there plays a key role in the life history of genus Pyrgulopsis after morphological may be over 3.8 million individuals of springsnails. Many springsnail species and mitochondrial DNA analysis. this species at San Solomon Spring exhibit decreased abundance farther Hershler et al. (2010, p. 251) also noted (Bradstreet 2011, p. 55). Lang (2011) away from spring vents, presumably due some minimal differences in shell size also reported very high densities (not to their need for stable water chemistry (individuals were smaller at East Sandia total population estimates) of Phantom (Hershler 1994, p. 68; Hershler 1998, p. Spring) and mitochondrial DNA Cave snails (with ± standard deviations): 11; Hershler and Sada 2002, p. 256; sequence variation among populations San Solomon Spring from 2009 Martinez and Thome 2006, p. 14). of Phantom Cave snails in different sampling in the main canal, 71,740 per Several habitat parameters of springs, springs. The low level of variation sq m (6,672 per sq ft; ±47,229 per sq m, such as temperature, substrate type, (small differences) among the ±4,393 per sq ft); Giffin Spring at road dissolved carbon dioxide, dissolved populations did not support recognizing crossing in 2001, 4,518 per sq m (420 oxygen, conductivity, and water depth different conservation units for the per sq ft; ±4,157 per sq m, ±387 per sq have been shown to influence the species. Hershler et al. (2010, p. 251) ft); East Sandia Spring in 2009, 41,215 distribution and abundance of other expected this small difference among per sq m (3,832 per sq ft; ±30,587 per related species of springsnails (O’Brien the populations because of their sq m, ±2,845 per sq ft); and Phantom and Blinn 1999, pp. 231–232; Mladenka proximity (separated by 6 to 13 km (4 Lake Spring in 2009, 1,378 per sq m and Minshall 2001, pp. 209–211; to 8 mi)) and the past connectedness of (128 per sq ft; ±626 per sq m, ±58 per Malcom et al. 2005, p. 75; Martinez and the aquatic habitats by Toyah Creek that sq ft). From these data, it is evident that Thome 2006, pp. 12–15; Lysne et al. would have allowed mixing of the when conditions are favorable Phantom 2007, p. 650). Dissolved salts such as populations before human alterations Cave snails can reach tremendous calcium carbonate may also be and declining flows. Based on these population sizes in very small areas. important factors because they are published studies we conclude that Phantom Cave snails are found essential for shell formation (Pennak Phantom Cave snail is a listable entity concentrated near the spring source 1989, p. 552). Hydrobiid snails as a under the Act. (Hershler et al. 2010, p. 250) and can group are considered sensitive to water The Phantom Cave snail only occurs occur as far as a few hundred meters quality changes, and each species is in the four remaining desert spring downstream of a large spring outlet like usually found within relatively narrow outflow channels associated with the San Solomon Spring. Despite its habitat parameters (Sada 2008, p. 59). San Solomon Spring system (San common name, it has not been found

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within Phantom Cave proper, but only The snails are now limited to low Diamond Y Spring system, referencing within the outflow of Phantom Lake densities in the small pool at the mouth surveys from 1968 to 1984. In 1968, the Spring. Bradstreet (2011, p. 55) found of Phantom Cave and cannot be found Diamond Y Spring snail was considered the highest abundances of Phantom in the irrigation canal downstream as it abundant in the outflow of Diamond Y Cave snails at San Solomon Spring does not have water (Allan 2009, p. 1). Spring in the upper watercourse for outflows in the high-velocity areas in Density data and simple population size about 1.6 km (1 mi) downstream of the the irrigation canals and the lowest estimates based on underwater spring head pool, but by 1984 the abundances in the San Solomon observations indicate there may be over species was present in only areas along Cieńega. The species was not collected 460,000 individuals of this species at stream margins (near the banks) (Taylor from the newest constructed cieńega in San Solomon Spring (Bradstreet 2011, p. 1985, p. 1). Average density estimates in 2010. Habitat of the species is found on 55). Lang (2011) reports the following 1984 at 12 of 14 sampled sites in the both soft and firm substrates on the densities (not population estimates) of upper watercourse ranged from 500 to margins of spring outflows (Taylor 1987, Phantom springsnails (with ± standard 93,700 individuals per sq m (50 to 8,700 p. 41). They are also commonly found deviations): San Solomon Spring from per sq ft), with very low densities in the attached to plants, particularly in dense 2009 sampling in the main canal, 11,681 upstream areas near the headspring stands of submerged vegetation (Chara per sq m (1,086 per sq ft; ±11,925 per (Taylor 1985, p. 25). However, the sp.). Field and laboratory experiments sq m, ±1,109 per sq ft); Giffin Spring at Diamond Y Spring snail was largely have suggested Phantom Cave snails road crossing in 2001, 3,857 per sq m absent from the headspring and main prefer substrates harder and larger in (358 per sq ft; ±6,110 per sq m, ±568 per spring flow channel where it had been size (Bradstreet 2011, p. 91). sq ft); East Sandia Spring in 2009, abundant in 1968 surveys (Taylor 1985, 65,845 per sq m (6,123 per sq ft; ±60,962 p. 13). Instead it was most common in Phantom Springsnail (Tryonia cheatumi per sq m, ±5,669 per sq ft); and Phantom small numbers along the outflow stream Pilsbry 1935) Lake Spring in 2009, 31,462 per sq m margins and lateral springs (Taylor The Phantom springsnail was first (2,926 per sq ft; ±20,251 per sq m, 1985, pp. 13–15). Over time, the described by Pilsbry (1935, p. 91) as ±1,883 per sq ft). Phantom springsnails distribution of the Diamond Y Spring Potamopyrgus cheatumi. The species can reach high population sizes in very snail in the upper watercourse has was later included in the genus Lyrodes small areas with favorable conditions. continued to recede so that it is no and eventually placed in the genus Phantom springsnails are usually longer found in the outflow channel at Tryonia (Taylor 1987, pp. 38–39). It is found concentrated near the spring all but may be restricted to small lateral a small snail measuring only 2.9 to 3.6 source but once occurred as far as a few spring seeps disconnected from the mm (0.11 to 0.14 in) long (Taylor 1987, hundred meters downstream when main spring flow channel (Landye 2000, p. 39). Systematic studies of Tryonia Phantom Lake Spring was a large p. 1; Echelle et al. 2001, pp. 24–25). snails in the Family Hydrobiidae using flowing spring (Dundee and Dundee Surveys by Lang (2011, pp. 7–8) in 2001 mitochondrial DNA sequences and 1969, p. 207; Taylor 1987, p. 40). The and 2003 found only 2 and 7 morphological characters confirms the species is most abundant in the individuals, respectively, in the outflow species is a ‘‘true Tryonia,’’ in other swimming pool at Balmorhea State Park, channel of Diamond Y Spring. words, it is appropriately classified in but has not been found in either of the Additional surveys in 2009 and 2010 the genus Tryonia (Hershler et al. 1999, constructed cieńegas at the Park in 2010 (Ladd 2010, p. 18; Lang 2011, p. 12) did p. 383; Hershler 2001, p. 6; Hershler et and 2011 (Allan 2011, p. 3; Bradstreet not find Diamond Y Spring snails in the al. 2011, pp. 5–6). Based on these 2011, pp. 55). The species is found on upper watercourse. However, neither published studies, we conclude that both soft and firm substrates on the researcher surveyed extensively in the Phantom springsnail is a listable entity margins of spring outflows (Taylor 1987, lateral spring seeps downstream from under the Act. p. 41), and they are also commonly the main spring outflow. The Phantom springsnail only occurs found attached to plants, particularly in The Diamond Y Spring snail was not in the four remaining desert spring dense stands of submerged vegetation previously reported from the lower outflow channels associated with the (Chara sp.). watercourse until first detected there in San Solomon Spring system (San 2001 at the outflow of Euphrasia Spring Diamond Y Spring Snail (Pseudotryonia Solomon, Phantom, Giffin, and East (Lang 2011, p. 6). It was confirmed there adamantina Taylor 1987) Sandia springs) (Taylor 1987, p. 40; again in 2009 (Lang 2011, p. 13) and Allan 2011, p. 1; Lang 2011, entire). The The Diamond Y Spring snail was first currently occurs within at least the first historic range for the Phantom described by Taylor (1987, p. 41) as 50 m (160 feet) in the outflow channel springsnail was likely not larger than Tryonia adamantina. It is a small snail of Euphrasia Spring (Ladd 2010, p. 18). present, but the species may have measuring only 2.9 to 3.6 mm (0.11 to Ladd (2010, p. 37) roughly estimated the occurred in other springs within the San 0.14 in) long (Taylor 1987, p. 41). total number of Diamond Y Spring Solomon Spring system, such as Systematic studies (Hershler et al.1999, snails in the lower watercourse to be Saragosa and Toyah Springs. It likely p. 377; Hershler 2001, pp. 7, 16) of these about 35,000 individuals with the also had a wider distribution within snails have been conducted using highest density reported as 2,500 Phantom Lake Spring and San Solomon mitochondrial DNA sequences and individuals per sq m (230 per sq ft). Spring before the habitat there was morphological characters. These Lang (2011, p. 13) estimated densities of modified and reduced. analyses resulted in the Diamond Y Diamond Y Spring snails in 2009 at Within its current, limited range, Spring snail being reclassified into the 16,695 per sq m (1,552 per sq ft; ±18,212 Phantom springsnails can have new genus Pseudotryonia (Hershler per sq m, ±1,694 per sq ft) in Euphrasia moderate densities of abundance, but 2001, p. 16). Based on these published Spring outflow, which suggests a much have never been recorded as high as the studies, we conclude that Diamond Y larger population than that estimated by Phantom Cave snail. In the 1980s, Spring snail is a listable entity under the Ladd (2010, p. 37). Taylor (1987, p. 40) described Phantom Act. In summary, the Diamond Y Spring springsnails as abundant in the outflow Taylor (1985, p. 1; 1987, p. 38) was snail was historically common in the ditch several hundred meters the earliest to document the distribution upper watercourse and absent from the downstream of Phantom Lake Spring. and abundance of aquatic snails in the lower watercourse. Currently it is very

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rare in the upper watercourse and collected by Lang (2011, p. 13) springs, seeps, and marshes in shallow limited to small side seeps (and may be concurrently in 2009 with those by flowing water associated with emergent extirpated), and it occurs in the lower Ladd (2010, p. 14) confirmed the species bulrush and saltgrass (Taylor 1987, p. watercourse in the outflow of Euphrasia is still present in the Euphrasia Spring 38; Echelle et al. 2001, p. 5). Spring. The historic distribution of this outflow channel of the lower Life History, Biology, and Habitat of species may have been larger than the watercourse. Amphipods present distribution. Other area springs Gonzales springsnail was first nearby such as Leon and Comanche reported in the upper watercourse in The background information Springs may have harbored the species. 1991 during collections from one site in presented here applies to both species of There is one collection of very old, dead the Diamond Y Spring outflow and one amphipods in these proposed rules: shells of the species that was made from small side seep near the spring head diminutive amphipod and Pecos Comanche Springs in 1998 (Fullington and Goodloe 1991, p. 3). amphipod. These amphipods, in the (Worthington 1998, unpublished data) The species has since been collected family Gammaridae, are small whose identification was recently from this area (Lang 2011, pp. 7–9), and freshwater inland crustaceans confirmed as Diamond Y Spring snail Echelle et al. (2001, p. 20) found it to sometimes referred to as freshwater (Hershler 2011, pers. comm.). However, be the most abundant snail for the first shrimp. Gammarids commonly inhabit because these springs have been dry for 430-m (1,400-ft) downstream from the shallow, cool, well-oxygenated waters of more than four decades and shells can spring head. Ladd (2010, p. 18) also streams, ponds, ditches, sloughs, and remain intact for thousands of years, it found Gonzales springsnail in the springs (Smith 2001, p. 574). These is impossible to know how old the outflow of Diamond Y Spring, but only bottom-dwelling amphipods feed on shells might be. Therefore, we are from 125 to 422 m (410 to 1,384 ft) algae, submergent vegetation, and unable to confirm if the recent historic downstream of the spring head (Ladd decaying organic matter (Smith 2001, p. distribution included Comanche 2011, pers. comm.). The Gonzales 572). Amphipod eggs are held within a Springs. springsnail appears to have replaced the marsupium (brood pouch) within the Habitat of the species is primarily soft Diamond Y Spring snail in some of the female’s exoskeleton (Smith 2001, p. substrates on the margins of small habitat in the upper watercourse (Brown 573). Most amphipods complete their springs, seeps, and marshes in shallow 2008, p. 489) since 1991. life cycle in 1 year and breed from flowing water associated with emergent Taylor (1985, p. 19) calculated February to October, depending on bulrush (Scirpus americanus) and densities for Gonzales springsnails in water temperature (Smith 2001, p. 572). saltgrass (Distichlis spicata) (Taylor the outflow of Euphrasia Spring in the Amphipods form breeding pairs that 1987, p. 38; Echelle et al. 2001, p. 5). range of 50,480 to 85,360 individuals remain attached for 1 to 7 days at or per sq m (4,690 to 7,930 individuals per near the substrate while continuing to Gonzales Springsnail (Tryonia sq ft) and estimated the population size feed and swim (Bousfield 1989, p. circumstriata Leonard and Ho 1960) in that 27-m (90-ft) stretch to be at least 1721). They can produce from 15 to 50 The Gonzales springsnail was first 162,000 individuals and estimated the offspring, forming a ‘‘brood.’’ Most described as a late Pleistocene fossil total population of over one million amphipods produce one brood, but record, Calipyrgula circumstriata, from individuals as a reasonable estimate. some species produce a series of broods the Pecos River near Independence Lang (2011, p. 13) estimated the density during the breeding season (Smith 2001, Creek in Terrell County, Texas (Leonard of Gonzales springsnails in the p. 573). and Ho 1960, p. 126). The snail from Euphrasia Spring outflow to be 3,086 These two species, diminutive Diamond Y Spring area was first individuals per sq m (287 per sq ft; amphipod and Pecos amphipod, are part described as Tryonia stocktonensis by ±5,061 per sq m, ±471per sq ft). Ladd of a related group of amphipods, Taylor (1987, p. 37). It is a small snail, (2010, p. 37) estimated the population of referred to as the Gammarus pecos measuring only 3.0 to 3.7 mm (0.11 to Gonzales springsnails in the upper species complex, that are restricted to 0.14 in) long. Systematic studies later watercourse to be only about 11,000 desert spring systems from the Pecos changed the name to Tryonia individuals. River Basin in southeast New Mexico circumstriata, integrating it with the As with the Diamond Y Spring snail, and west Texas (Cole 1985, p. 93; Lang fossilized snails from the Pecos River the historic distribution of the Gonzales et al. 2003, p. 47; Gervasio et al. 2004, (Hershler 2001, p. 7), and confirming springsnail may have been larger than p. 521). Similar to the snails, it is the species as a ‘‘true Tryonia,’’ in other the present distribution. Other area thought that these freshwater words, it is appropriately classified in springs nearby such as Leon and amphipods are derived from a the genus Tryonia (Hershler et al. 2011, Comanche Springs may have harbored widespread ancestral marine amphipod pp. 5–6). Based on these published the species. There is one collection of that was isolated inland during the studies, we conclude that Gonzales dead shells of the species that was made recession of the Late Cretaceous sea, springsnail is a listable entity under the from Comanche Springs in 1998 about 66 million years ago (Holsinger Act. (Worthington 1998, unpublished data) 1967, pp. 125–133; Lang et al. 2003, p. Taylor (1985, pp. 18–19; 1987, p. 38) whose identification was recently 47). They likely evolved into distinct found Gonzales springsnail only in the confirmed as Gonzales springsnail species during recent dry periods (since first 27 m (90 ft) of the outflow from (Hershler 2011, pers. comm.). However, the Late Pleistocene, about 100,000 Euphrasia Spring. The species has been because these springs have been dry for years ago) through allopatric speciation consistently found in this short stretch more than four decades and shells can (that is, speciation by geographic of spring outflow channel since then remain intact for thousands of years, it separation) following separation and (Echelle et al. 2001, p. 20; Lang 2011, is impossible to know how old the isolation in the remnant aquatic habitats pp. 6, 13). Ladd (2010, pp. 23–24) shells might be. Therefore, we are associated with springs (Gervasio et al. reported that Gonzales springsnails no unable to confirm if the recent historic 2004, p. 528). longer occurred in the lower distribution included Comanche Amphipods in the Gammarus pecos watercourse and had been replaced by Springs. species complex only occur in desert Diamond Y Spring snails. However, Habitat of the species is primarily soft spring outflow channels on substrates, reevaluation of voucher specimens substrates on the margins of small often within interstitial spaces on and

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underneath rocks and within gravels The results of these genetic studies information is collected and further (Lang et al. 2003, p. 49) and are most also suggested that the three Gammarus analyses are published. commonly found in microhabitats with amphipod populations from San The diminutive amphipod only flowing water. They are also commonly Solomon, Giffin, and East Sandia occurs in the four springs from the San found in dense stands of submerged Springs are a taxonomically unresolved Solomon Spring system (Gervasio et al. vegetation (Cole 1976, p. 80). Because of group differentiated from the 2004, pp. 520–522). There is no their affinity for constant water diminutive amphipod at Phantom Lake available information that the species’ temperatures, they are most common in Spring (Gervasio et al. 2004, pp. 523– historic distribution was larger than the the immediate spring outflow channels, 530). Further genetic analysis using present distribution, but other area usually only a few hundred meters mitochondrial DNA (mtDNA) by Seidel springs (such as Saragosa, Toyah, and downstream of spring outlets. et al. (2009, p. 2309) also indicates that West Sandia Springs) may have Amphipods play important roles in the diminutive amphipod may be contained the species. However, the processing of nutrients in aquatic limited to Phantom Lake Spring and the because these springs have been dry for ecosystems and are also considered Gammarus species at the other three many decades, if the species historically sensitive to changes in aquatic habitat springs should be considered a new and occurred there, they are now extirpated. conditions (for example, stream undescribed species. However, the There is no opportunity to determine velocities, light intensity, zooplankton extent of genetic divergence measured the full extent of the historic availability, and the presence of heavy between these populations is not distribution of these amphipods because metals) and are often considered definitive. For example, the 19-base pair of the lack of historic surveys and ecological indicators of ecosystem divergence between the population at collections. health and integrity (Covich and Thorpe Phantom Lake Spring and the other San Within its limited range, diminutive 1991, pp. 672–673, 679; Lang et al. Solomon Spring system populations amphipod can be very abundant. For 2003, p. 48). Water chemistry (Seidel et al. 2009, Figure 3, p. 2307) example, in May 2001, Lang et al. (2003, parameters, such as salinity, pH, and represents about 1.7 percent mtDNA p. 51) estimated mean densities at San temperature, are also key components to sequence divergence (of the 1,100 base Solomon, Giffin, and East Sandia Springs of 6,833 amphipods per sq m amphipod habitats (Covich and Thorpe pairs of the mitochondrial DNA ± 1991, pp. 672–673). sequenced (using the cytochrome c (635 per sq ft; standard deviation 5,416 per sq m, ±504 per sq ft); 1,167 Taxonomy, Distribution, and oxidase I (COI) gene). This is a relatively ± low level of divergence to support amphipods per sq m (108 per sq ft; 730 Abundance of Amphipods per sq m, ±68 per sq ft), and 4,625 species separation, as a recent review of ± Diminutive Amphipod (Gammarus a multitude of different animals (20,731 amphipods per sq m (430 per sq ft; 804 per sq m, ±75 per sq ft), respectively. In hyalleloides Cole 1976) vertebrates and invertebrates) suggested 2009 Lang (2011, p. 11) reported the that the mean mtDNA distances (using W.L. Minckley first collected the density at Phantom Lake Spring as 165 diminutive amphipod from Phantom the COI gene) between subspecies is ± ± amphipods per sq m (15 per sq ft; 165 Lake Spring in the San Solomon Spring 3.78 percent ( 0.16) divergence and ± ± per sq m, 15 per sq ft). system in 1967, and the species was first between species is 11.06 percent ( 0.53) formally described by Cole (1976, pp. divergence (Kartavtsev 2011, pp. 57–58). Pecos Amphipod (Gammarus pecos 80–85). The name comes from the Recent evaluations of species Cole and Bousfield 1970) species being considered the smallest of boundaries of amphipods from China The Pecos amphipod was first the known North American freshwater suggest mtDNA genetic distances of at collected in 1964 from Diamond Y Gammarus amphipods. Adults generally least 4 percent were appropriate to Spring and was described by Cole and range in length from 5 to 8 mm (0.20 to support species differentiation, and the Bousfield (1970, p. 89). Cole (1985, p. 0.24 in). species they described all exceeded 15 101) analyzed morphological There has been some disparity in the percent divergence (Hou and Li 2010, p. characteristics of the Gammarus pecos literature regarding the taxonomic 220). In addition, no species species complex and suggested the boundaries for the amphipods from the descriptions using morphological or Gammarus amphipod from San San Solomon Spring system. In Cole’s ecological analysis have been completed Solomon Spring should also be (1985, pp. 101–102) description of the for these populations, which would be included as Pecos amphipod. However, Gammarus pecos species complex of important information in any taxonomic updated genetic analyses based on amphipods based solely on revision (Hou and Li 2010, p. 216). allozymes (Gervasio et al. 2004, p. 526) morphological measurements, he Therefore, the data available does not and mitochondrial DNA (Seidel et al. considered the diminutive amphipod to currently support taxonomically 2009, p. 2309) have shown that Pecos be endemic only to Phantom Lake separating the amphipod population at amphipods are limited in distribution to Spring, and amphipods from San Phantom Lake Spring from the the Diamond Y Spring system. In Solomon and Diamond Y Springs were populations at San Solomon, Giffin, and addition, Gervasio et al. (2004, pp. 523, both considered to be the Pecos East Sandia Springs into different 526) evaluated amphipods from three amphipod (G. pecos). This study did not listable entities under the Act. So, for different locations within the Diamond include samples of amphipods from the purposes of these proposed rules, Y Spring system and found no East Sandia or Giffin Springs. However, based on the best available scientific significant differences in genetic allozyme electrophoresis data on genetic information, we are including all four variation, indicating they all variation strongly support that the populations of Gammarus amphipods represented a single species. Based on populations from the San Solomon from the San Solomon Spring system as these published studies, we conclude Spring system form a distinct group part of the Gammarus hyalleloides that Pecos amphipod is a listable entity from the Pecos amphipod at Diamond Y species (diminutive amphipod), and we under the Act. Spring (Gervasio et al. 2004, pp. 523– consider diminutive amphipod a The Pecos amphipod is generally 530). Based on these data, we consider listable entity under the Act. We found in all the flowing water habitats the Pecos amphipod to be limited to the recognize that the taxonomy of these associated with the outflows of springs Diamond Y Spring system. populations could change as additional and seeps in the Diamond Y Spring

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system (Echelle et al. 2001, p. 20; Lang A. The Present or Threatened presumed to be related to a combination et al. 2003, p. 51; Allan 2011, p. 2; Lang Destruction, Modification, or of groundwater pumping, mainly for 2011, entire). There is no available Curtailment of Their Habitat or Range agricultural irrigation, and a lack of information to determine if the species’ (San Solomon Spring Species) natural recharge to the supporting historic distribution was larger than the The three species in the San Solomon aquifers due to limited rainfall and present distribution. Other area springs, Spring system are threatened by the past geologic circumstances that prevent such as Comanche and Leon Springs, and future destruction of their habitat recharge. In addition, future changes in may have contained the same or similar and reduction in their range. The the regional climate are expected to exacerbate declining flows. The San species of amphipod, but because these discussion below evaluates the stressors Solomon Spring system historically may springs have been dry for many decades of: (1) Spring flow declines; (2) water have had a combined discharged of (Brune 1981, pp. 256–263, 382–386), quality changes and contamination; and about 2.8 cms (100 cfs) or 89 million there is no opportunity to determine the (3) modification of spring channels. cubic meters per year (cmy) (72,000 potential historic occurrence of Spring Flow Declines acre-feet per year (afy)) (Beach et al. amphipods. Pecos amphipods are often 2004, p. 4–53), while today the total locally abundant, with reported mean The primary threat to the continued existence of the San Solomon Spring discharge is roughly one-third that densities ranging from 2,208 individuals amount. Some smaller springs, such as per sq m (205 per sq ft; ±1,585 per sq species is the degradation and potential ± future loss of aquatic habitat (flowing Saragosa, Toyah, and West Sandia m, 147 per sq ft) to 8,042 individuals Springs have already ceased flowing ± water from the spring outlets) due to the per sq m (748 per sq ft; 7,229 per sq and likely resulted in the extirpation of m, ±672 per sq ft) (Lang et al. 2003, p. decline of groundwater levels in the aquifers that support spring surface local populations of these species 51). (assuming they were present there flows. Habitat for these species is historically). The most dramatic recent Summary of Factors Affecting the exclusively aquatic and completely decline in flow rates have been observed Species dependent on spring flows emerging to at Phantom Lake Spring, which is the the surface from underground aquifer highest elevation spring in the system Section 4 of the Act (16 U.S.C. 1533), sources. Spring flows throughout the and, not unexpectedly, was the first and its implementing regulations at 50 San Solomon Spring system have and large spring to cease flowing. CFR part 424, set forth the procedures continue to decline in flow rate, and as for adding species to the Federal Lists Phantom Lake Spring was a spring flows decline, available aquatic historically large desert cie´nega with a of Endangered and Threatened Wildlife habitat is reduced and altered. If one and Plants. Under section 4(a)(1) of the pond of water more than several acres spring ceases to flow continually, all in size (Hubbs 2001, p. 307). The spring Act, the Service determines whether a habitats for the Phantom Cave snail, species is endangered or threatened outflow is at about 1,080 m (3,543 ft) in Phantom Lake springsnail, and elevation and previously provided because of any of the following five diminutive amphipod are lost, and the factors: (A) The present or threatened habitat for the endemic native aquatic populations will be extirpated. If all of fauna. The outflow from Phantom Lake destruction, modification, or the springs lose consistent surface Spring was originally isolated from the curtailment of its habitat or range; (B) flows, all natural habitats for these other surface springs in the system, as overutilization for commercial, aquatic invertebrates will be gone, and the spring discharge quickly recharged recreational, scientific, or educational the species will become extinct. back underground (Brune 1981, p. 258). purposes; (C) disease or predation; (D) The springs do not have to cease Human modifications to the spring the inadequacy of existing regulatory flowing completely to have an adverse outflow captured and channeled the mechanisms; and (E) other natural or effect on invertebrate populations. The spring water into a canal system for use manmade factors affecting its continued small size of the spring outflows at by local landowners and irrigation by existence. Listing actions may be Phantom, Giffin, and East Sandia the local water users (Simonds 1996, p. warranted based on any of the above Springs makes them particularly 3). The outflow canal joins the main San threat factors, singly or in combination. susceptible to changes in water Solomon canal within Balmorhea State Each of these factors is discussed below. chemistry, increased water temperatures Park. Despite the significant habitat Based on the similarity in geographic during the summer and freezing in the alterations, the native aquatic fauna ranges and threats to habitats, we have winter. Because these springs are small, (including these three invertebrates) divided this analysis into two sections, any reductions in the flow rates from have persisted, though in much reduced one covering the three species from the the springs can reduce the quantity and numbers of total individuals, in the San Solomon Spring system and then a quality of available habitat for the small pool of water at the mouth of the species, which decreases the number of second analysis covering the three spring. individuals available and increases the species from the Diamond Y Spring Flows from Phantom Lake Spring risk of extinction. Water temperatures system. After each analysis we provide have been steadily declining since and chemical factors in springs, such as proposed determinations for each measurements were first taken in the dissolved oxygen and pH, do not 1930s (Brune 1981, p. 259). Discharge species. typically fluctuate to a large degree data have been recorded from the spring San Solomon Spring Species—Phantom (Hubbs 2001, p. 324), and invertebrates at least six to eight times per year since Cave Snail, Phantom Springsnail, and are narrowly adapted to spring the 1940s by the U.S. Geological Survey, Diminutive Amphipod conditions and are sensitive to changes and the record shows a steady decline in water quality (Hershler 1998, p. 11; of base flows from greater than 0.3 cms The following analysis applies to the Sada 2008, p. 69). Spring flow declines (10 cfs) in the 1940s to 0 cms (0 cfs) in three species that occur in the San can lead to the degradation and loss of 1999 (Service 2009b, p. 23). The data Solomon Spring system in Reeves and aquatic invertebrate habitat and present also show that the spring can have Jeff Davis Counties, Texas: Phantom a substantial threat to these species. short-term flow peaks resulting from Cave snail, Phantom Lake springsnail, The precise reason for the declining local rainfall events in the Davis and diminutive amphipod. spring flows remains uncertain, but it is Mountains (Sharp et al. 1999, p. 4;

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Chowdhury et al. 2004, p. 341). These populations at Phantom Lake Spring and 1996 ranged from 0.013 to 0.12 cms flow peaks are from fast recharge of the despite the habitat being drastically (0.45 to 4.07 cfs) (Schuster 1997, p. 94). local aquifer system and discharge modified from its original state and Like the former springs of West Sandia through the springs. The flow peaks do being maintained by a pump system and Saragosa, which also originated in not come from direct surface water since 2000. However, because the shallow aquifers and previously ceased runoff because the outflow spring is habitat is sustained with a pump flowing (Ashworth et al. 1997, p. 3), within an extremely small surface system, the risk of extirpation of these East Sandia Spring’s very small volume drainage basin that is not connected to populations continues to be extremely of water makes it particularly at risk of surface drainage basins from the Davis high from the potential for a pump failure from any local changes in Mountains upslope. However, after each failure or some unforeseen event. For groundwater conditions. flow increase, the base flow has example, the pump system failed The exact causes for the decline in returned to the same declining trend several times during 2008, resulting in flow from the San Solomon Spring within a few months. stagnant pools and near drying system are unknown. Some of the Exploration of Phantom Cave by cave conditions, placing severe stress on the possible reasons, which are likely acting divers has led to additional information invertebrate populations (Allan 2008, together, include groundwater pumping about the nature of the spring and its pp. 1–2). Substantial efforts were of the Salt Basin Bolson aquifer areas supporting aquifer. Over 2,440 m (8,000 implemented in 2011 to improve the west of the springs, long-term climatic ft) of the underwater cave have been reliability of the pump system and the changes, or changes in the geologic mapped. Beyond the entrance, the cave quality of the habitat (Service 2012, pp. structure that permits regional is a substantial conduit that transports 5–9). However, because the habitat is interbasin flow of groundwater (Sharp et a large volume of water, in the 0.6 to 0.7 completely maintained by artificial al. 1999, p. 4; Sharp et al. 2003, p. 7). cms (20 to 25 cfs) range, generally from means, the potential loss of the Studies indicate that the base flows the northwest to the southeast (Tucker invertebrate population will continue to originate from ancient waters to the 2009, p. 8), consistent with regional be an imminent threat of high west (Chadhury et al. 2004, p. 340) and flow pattern hypothesis (Chowdhury et magnitude to the populations at that many of the aquifers in west Texas al. 2004, p. 319). The amount of water Phantom Lake Spring. receive little to no recharge from measured is in the range of the rate of Although long-term data for San precipitation (Scanlon et al. 2001, p. 28) flow at San Solomon Spring and, along Solomon Spring flows are limited, they and are influenced by regional with water chemistry data (Chowdhury appear to have declined somewhat over groundwater flow patterns (Sharp 2001, et al. 2004, p. 340), confirms that the the history of record, though not as p. 41). groundwater flowing by Phantom Lake severely as Phantom Lake Spring Ashworth et al. (1997, entire) Spring likely discharges at San Solomon (Schuster 1997, pp. 86–90; Sharp et al. provided a brief study to examine the Spring. Tucker (2009, p. 8) recorded a 1999, p. 4). Some recent declines in cause of declining spring flows in the 1-m (3-ft) decline in the water surface overall flow have likely occurred due to San Solomon Spring system. They elevation within the cave between 1996 drought conditions and declining concluded that declines in spring flows and 2009 indicating a decline in the aquifer levels (Sharp et al. 2003, p. 7). in the 1990s were more likely the result amount of groundwater flowing through San Solomon Spring discharges are of diminished recharge due to the Phantom Cave. usually in the 0.6 to 0.8 cms (25 to 30 extended dry period rather than from Phantom Lake Spring ceased flowing cfs) range (Ashworth et al. 1997, p. 3; groundwater pumpage (Ashworth et al. in about 1999 (Allan 2000, p. 51; Schuster 1997, p. 86) and are consistent 1997, p. 5). Although possibly a factor, Service 2009b, p. 23). All that remained with the theory that the water bypassing drought is unlikely the only reason for of the spring outflow habitat was a small Phantom Lake Spring discharges at San the declines because the drought of pool of water with about 37 sq m (400 Solomon Spring. record in the 1950s had no measurable sq ft) of wetted surface area. Hubbs In Giffin Spring, Brune (1981, pp. effect on the overall flow trend at (2001, pp. 323–324) documented 384–385) documented a gradual decline Phantom Lake Spring (Allan 2000, p. 51; changes in water quality (increased in flow between the 1930s and 1970s, Sharp 2001, p. 49) and because the temperature, decreased dissolved but the discharge has remained contributing aquifer receives virtually oxygen, and decreased coefficient of relatively constant since that time, with no recharge from most precipitation variation for pH, turbidity, ammonia, outflow of about 0.08 to 0.1 cms (3 to events (Beach et al. 2004, pp. 6–9, 8–9). and salinity) and fish community 4 cfs) (Ashworth et al. 1997, p. 3; U.S. Also, Ashworth et al. (1997, entire) did structure at Phantom Lake Spring Geological Survey 2012, p. 2). Although not consider the effects of the regional following cessation of natural flows. In the flow rates from Giffin Spring appear flow system in relation to the declining May 2001, the U.S. Bureau of to be steady in recent years, its small spring flows. Further, an assessment of Reclamation, in cooperation with the size makes the threat of spring flow loss the springs near Balmorhea by Sharp Service, installed an emergency pump imminent and of high magnitude (2001, p. 49) concluded that irrigation system to bring water from within the because even a small decline in flow pumpage since 1945 has caused many cave to the springhead in order to rate may have substantial impacts on springs in the area to cease flowing, prevent complete drying of the pool and the habitat provided by the spring flow. lowering water-table elevations and loss of the federally listed endangered Also, it would only take a small decline creating a cone of depression in the area fishes and candidate invertebrates that in spring flow rates to result in (that is, a lowering of the groundwater occur there. Habitat for the San desiccation of the spring. elevation around pumping areas). Solomon Spring system invertebrates Brune (1981, p. 385) noted that flows The Texas Water Development Board continues to be maintained at Phantom from Sandia Springs (combining East (2005, entire) completed a Lake Spring, and in 2011 the small pool and West Sandia Springs) were comprehensive study to ascertain the was enlarged, nearly doubling the declining up until 1976. East Sandia potential causes of spring flow declines amount of aquatic habitat available for may be very susceptible to over in the San Solomon Spring system, the species (Service 2012, entire). pumping of the local aquifer in the including a detailed analysis of historic The three San Solomon Spring nearby area that supports the small regional groundwater pumping trends. species have maintained minimal spring. Measured discharges in 1995 The study was unable to quantify direct

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correlations between changes in future mainly to support irrigated severe drought recorded since 1900 groundwater pumping in the agriculture (Region F Water Planning (Overpeck and Udall 2010, p. 1642). In surrounding counties and spring flow Group 2010, pp. 2–16–2–19) and will 2011, Texas experienced the worst decline over time at Phantom Lake result in continued lowering of the annual drought since recordkeeping Spring (Texas Water Development groundwater levels in the Salt Basin began in 1895 (NOAA 2012, p. 4), and Board 2005, p. 93). However, they Bolson aquifer. The latest plans from only one other year since 1550 (the year suggested that because of the large Groundwater Management Area 4 (the 1789) was as dry as 2011 based on tree- distance between the source planning group covering the relevant ring climate reconstruction (NOAA groundwater and the springs and the portion of the Salt Basin Bolson aquifer) 2011, pp. 20–22). In addition, numerous long travel time for the water to reach expect over 69 million cubic m (56,000 climate change models predict an the spring outlets, any impacts of af) of groundwater pumping per year for overall decrease in annual precipitation pumping are likely to be reflected much the next 50 years, resulting in an in the southwestern United States and later in time (Texas Water Development average drawdown of 22 to 24 m (72 to northern Mexico. Board 2005, p. 92). The authors did 78 feet) in the West Texas Bolsons (Salt Future global climate change may conclude that groundwater pumping Basin) aquifer by 2060 (Adams 2010, p. result in increased magnitude of will impact groundwater levels and 2; Oliver 2010, p. 7). There have been droughts and further contribute to spring flow rates if it is occurring no studies evaluating the effects of this impacts on the aquatic habitat from anywhere along the flow path system level of anticipated drawdown on spring reduction of spring flows. There is high (Texas Water Development Board 2005, flows. The aquifer in the Wild Horse confidence that many semi-arid areas p. 92). Flat area (the likely spring source) can like the western United States will Groundwater pumping for irrigated range from 60 to 300 m (200 to 1,000 ft) suffer a decrease in water resources due agriculture has had a measurable effect thick. So although it is impossible to to ongoing climate change (IPCC 2007b, on groundwater levels in the areas that determine precisely, we anticipate the p. 7; Karl et al. 2009, pp. 129–131), as likely support the spring flows at the planned level of groundwater a result of less annual mean San Solomon Spring system. For drawdown will likely result in precipitation. Milly et al. (2005, p. 347) example, between the 1950s and 2000 continued future declines in spring flow also project a 10 to 30 percent decrease the Salt Basin Bolson aquifer in Lobo rates in the San Solomon Spring system. in precipitation in mid-latitude western Flat fell in surface elevation in the range Another reason that spring flows may North America by the year 2050 based of 15 to 30 m (50 to near 100 ft), and be declining is from an increase in the on an ensemble of 12 climate models. in Wild Horse Flat from 6 to 30 m (20 frequency and duration of local and Even under lower greenhouse gas to 50 ft) (Angle 2001, p. 248; Beach et regional drought associated with emission scenarios, recent projections al. 2004, p. 4–9). Beach et al. (2004, p. climatic changes. The term ‘‘climate’’ forecast a 10 percent decline in 4–10) found significant pumping, refers to the mean and variability of precipitation in western Texas by 2080 especially in the Wild Horse Flat area, different types of weather conditions to 2099 (Karl et al. 2009, pp. 129–130). locally influences flow patterns in the over time, with 30 years being a typical Assessments of climate change in west aquifer system. The relationship of period for such measurements, although Texas suggest that the area is likely to regional flow exists because Wild Horse shorter or longer periods also may be become warmer and at least slightly Flat is located in the lowest part of the used (IPCC 2007a, p. 78). The term drier (Texas Water Development Board hydraulically connected Salt Basin ‘‘climate change’’ thus refers to a change 2008, pp. 22–25). Bolson aquifer, and next highest is in the mean or variability of one or more The potential effects of future climate Lobo, followed by Ryan Flat, which is measures of climate (e.g., temperature or change could reduce overall water at the highest elevations (Beach et al. precipitation) that persists for an availability in this region of western 2004, p. 9–32). This means that water extended period, typically decades or Texas and compound the stressors withdrawn from any southern part of longer, whether the change is due to associated with declining flows from the the basin (Ryan and Lobo Flats) may natural variability, human activity, or San Solomon Spring system. As a result affect the volume of water discharging both (IPCC 2007a, p. 78). of the effects of increased drought, out of Wild Horse Flat toward the Although the bulk of spring flows spring flows could decline indirectly as springs. Because these bolson aquifers appear to originate from ancient water a result of increased pumping of have little to no direct recharge from sources with limited recent recharge, groundwater to accommodate human precipitation (Beach et al. 2004, pp. 6– any decreases in regional precipitation needs for additional water supplies 9, 8–9), these groundwater declines can patterns due to prolonged drought will (Mace and Wade 2008, p. 664; Texas be expected to permanently reduce the further stress groundwater availability Water Development Board 2012c, p. amount of water available for discharge and increase the risk of diminishment or 231). in the springs in the San Solomon drying of the springs. Drought affects In conclusion, the Phantom Cave Spring system. This is evidenced by the both surface and groundwater resources snail, Phantom springsnail, and marked decline of groundwater flow out and can lead to diminished water diminutive amphipod all face of the Wild Horse Flat toward the quality (Woodhouse and Overpeck significant threats from the current and southeast (the direction of the springs) 1998, p. 2693) in addition to reducing future loss of habitat associated with (Beach et al. 2004, p. 9–27). Based on groundwater quantities. Lack of rainfall declining spring flows. Some springs in this information, it appears reasonable may also indirectly affect aquifer levels the San Solomon Spring system have that past and future groundwater by resulting in an increase in already gone dry, and aquatic habitat at withdrawals in the Salt Basin Bolson groundwater pumping to offset water Phantom Lake Spring has not yet been aquifers are likely one of the causes of shortages from low precipitation (Mace lost only because of the maintenance of decreased spring flows in the San and Wade 2008, p. 665). a pumping system. While the sources of Solomon Spring system. Recent drought conditions may be the stress of declining spring flows are Groundwater pumping withdrawals indicative of more common future not known for certain, the best available in Culberson, Jeff Davis, and Presidio conditions. The current, multiyear scientific information indicates that it is Counties in the Salt Basin Bolson drought in the western United States, the result of a combination of factors aquifer are expected to continue in the including the Southwest, is the most including past and current groundwater

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pumping, the complex hydrogeologic In addition, Texas Parks and Wildlife invertebrate species near the spring conditions that produce these springs Department completed a Habitat sources. Most of the canals are concrete- (ancient waters from a regional flow Conservation Plan and received an lined with high water velocities and system), and climatic changes incidental take permit (Service 2009a, little natural substrate available. Many (decreased precipitation and recharge). entire) in 2009 under section 10(a)(1)(B) of the canals are also regularly The threat of habitat loss from declining (U.S.C. 1539(a)(1)(B)) of the Act for dewatered as part of the normal water spring flows affects all four of the management activities at Balmorhea management operations. Before the remaining populations, as all are at risk State Park (Texas Parks and Wildlife canals were constructed, the suitable of future loss from declining spring Department 1999, entire). The three habitat areas around the spring flows. All indications are that the source aquatic invertebrate candidate species openings, particularly at San Solomon of this threat will persist into the future from the San Solomon Spring system Spring, were much larger in size. The and will result in continued degradation were all included as covered species in conversion of the natural aquatic mosaic of the species’ habitats, putting the the permit (Service 2009a, pp. 20–22). of habitats into linear irrigation canals Phantom Cave snail, Phantom This permit authorizes ‘‘take’’ of the represents a past impact resulting in springsnail, and diminutive amphipod invertebrates (which were candidates at significant habitat loss and an increase at a high risk of extinction. the time of issuance) in the State Park in the overall risk of extinction by for ongoing management activities while Water Quality Changes and lowering the amount of habitat available minimizing impacts to the aquatic Contamination to the species and, therefore, lowering species. The activities included in the the overall number of individuals in the Another potential factor that could Habitat Conservation Plan are a part of populations affected. These reductions impact habitat of the San Solomon Texas Parks and Wildlife Department’s in population size result in an increase Spring species is the potential operation and maintenance of the State in the risk of extirpation of local degradation of water quality from point Park, including the drawdowns populations and, ultimately, the and nonpoint pollutant sources. This associated with cleaning the swimming extinction of the species as a whole. can occur either directly into surface pool and vegetation management within Because the physical conditions of the water or indirectly through the refuge canal and cieńega. The spring channels have changed contamination of groundwater that Habitat Conservation Plan also calls for dramatically in the past, the species are discharges into spring run habitats used restrictions and guidelines for chemical now at a greater risk of extinction by the species. The primary threat for use in and near aquatic habitats to avoid because of the alterations to the contamination in these springs comes and minimize impacts to the three ecosystem and the overall lower number from herbicide and pesticide use in aquatic invertebrate species (Service of individuals likely making up the nearby agricultural areas. There are no 2009a, pp. 9, 29–32). populations. oil and gas operations in the area Because the use of potential around the San Solomon Spring system. pollutants is very limited within the A number of efforts have been These aquatic invertebrates are range of the San Solomon Spring undertaken at Balmorhea State Park to sensitive to water contamination. species, at this time we do not find that conserve and maintain aquatic habitats Hydrobiid snails as a group are the Phantom Cave snail, Phantom at some of the spring sites to conserve considered sensitive to water quality springsnail, and diminutive amphipod habitat for the native aquatic species. changes, and each species is usually are at a heightened risk of extinction First, a refuge canal encircling the found within relatively narrow habitat from water quality changes or historic motel was built in 1974 to parameters (Sada 2008, p. 59). contamination. create habitat for the endangered fishes, Amphipods generally do not tolerate Comanche Springs pupfish and Pecos habitat desiccation (drying), standing Modification of Spring Channels gambusia (Garrett 2003, p. 153). water, sedimentation, or other adverse The natural cieńega habitats of the Although the canal was concrete-lined, environmental conditions; they are San Solomon Spring system have been it had slower moderate water velocities, considered very sensitive to habitat heavily altered over time primarily to and natural substrates covered the wide degradation (Covich and Thorpe 1991, accommodate agricultural irrigation. concrete bottom and provided usable pp. 676–677). Most significant was the draining of habitat for the aquatic invertebrates. The exposure of the spring habitats to wetland areas and the modification of Second, the 1-ha (2.5-ac) San Solomon pollutants is limited because most of the spring outlets to develop the water Cieńega was built in 1996 to create an nearby agricultural activity mainly resources for human use. San Solomon additional flow-through pond of water occurs in downstream areas where and Phantom Lake Springs have been for habitat of the native aquatic species herbicide or pesticide use would not altered the most severely through (Garrett 2003, pp. 153–154). Finally, likely come into contact with the capture and diversion of the spring during 2009 and 2010, a portion of the species or their habitat in upstream outlets into concrete irrigation canals. deteriorating 1974 refuge canal was spring outlets. To ensure these Giffin Spring appears to have been removed and relocated away from the pollutants do not affect these spring dredged in the past, and the outflow is motel. The wetted area was expanded to outflow habitats, their use has been now immediately captured in high- create a new, larger cieńega habitat. This limited in an informal protected area in banked, earthen-lined canals. The was intended to provide additional the outflows of San Solomon and Giffin outflow of East Sandia Spring does not natural habitat for the federally listed Springs (Service 2004, pp. 20–21). This appear to have been altered in an endangered fishes and candidate area was developed in cooperation with appreciable way, but it may have been invertebrates (Service 2009c, p. 3; the U.S. Environmental Protection minimally channelized to connect the Lockwood 2010, p. 3). All of these Agency and the Texas Department of spring flow to the irrigation canals. efforts have been generally successful in Agriculture. While there are more The Reeves County Water providing additional habitat areas for agriculture activities far upstream in the Improvement District No. 1 maintains the aquatic invertebrates, although aquifer source area, there is no an extensive system of about 100 km (60 neither the snails nor amphipods have information indicating concerns about mi) of irrigation canals that now provide been shown to use the newest cieńega contaminants from those sources. only minimal aquatic habitat for the pond to date (Allan 2011, p. 3).

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At Phantom Lake Spring, a pupfish consequence of the negative impacts of factors associated with groundwater refuge canal was built in 1993 (Young the past actions. pumping, hydrogeologic structure of the et al. 1993, pp. 1–3) to increase the supporting groundwater, and climatic Other Conservation Efforts available aquatic habitat that had been changes. The risk of extinction is also destroyed by the irrigation canal. All four of these springs in the San heightened by the past alteration of Winemiller and Anderson (1997, pp. Solomon Spring system are inhabited by spring channels reducing the available 204–213) showed that the refuge canal two fishes federally listed as habitat and the number of individuals in was used by endangered fish species endangered—Comanche Springs each population. pupfish (Service 1981, pp. 1–2) and when water was available. Stomach B. Overutilization for Commercial, analysis of the endangered pupfish from Pecos gambusia (Service 1983, p. 4). Critical habitat has not been designated Recreational, Scientific, or Educational Phantom Lake Spring showed that the Purposes (San Solomon Spring Species) Phantom Cave snail and diminutive for either species. In addition, East amphipod were a part of the fish’s diet Sandia Spring is also inhabited by the There are very few people who are (Winemiller and Anderson 1997, pp. federally threatened Pecos sunflower interested in or study springsnails and 209–210), indicating that the (Service 2005, p. 4) and the federally amphipods, and those who do are invertebrates also used the refuge canal. endangered Pecos assiminea snail sensitive to their rarity and endemism. The refuge canal was constructed for a (Service 2010, p. 5). Both the Pecos Consequently, collection for scientific or design flow down to about 0.01 cms (0.5 sunflower and the Pecos assiminea snail educational purposes is very limited. cfs), which at the time of construction also have critical habitat designated at There are no known commercial or was the lowest flow ever recorded out East Sandia Spring (73 FR 17762, April recreational uses of these invertebrates. of Phantom Lake Spring. The 1, 2008; 76 FR 33036, June 7, 2011, For these reasons we conclude that subsequent loss of spring flow respectively). overutilization for commercial, The Phantom Cave snail, Phantom eliminated the usefulness of the refuge recreational, scientific, or educational springsnail, and diminutive amphipod canal because the canal went dry purposes is currently not a threat to the have been afforded some protection beginning in about 2000. Phantom Lake snail, Phantom indirectly in the past due to the springsnail, and diminutive amphipod, All the water for the remaining spring presence of these other listed species in and we have no indication that these head pool at Phantom Lake Spring is the same locations. Management and factors will affect these species in the being provided by a pump system to protection of the spring habitats by future. bring water from about 23 m (75 ft) Texas Parks and Wildlife Department at within the cave out to the surface. The San Solomon Spring, U.S. Bureau of C. Disease or Predation (San Solomon small outflow pool was enlarged in 2011 Reclamation at Phantom Lake Spring, Spring Species) (U.S. Bureau of Reclamation 2011, p. 1; and The Nature Conservancy at East The San Solomon Spring species are Service 2012, entire) to encompass Sandia Spring have benefited the not known to be affected by any disease. about 75 sq m (800 sq ft) of wetted area. aquatic invertebrates. However, the These invertebrates are likely natural In 2011, the pool was relatively stable primary threat from the loss of habitat prey species for fishes and crayfishes and all three of the San Solomon Spring due to declining spring flows related to that occur in their habitats. Native snails invertebrates were present (Allan 2011, groundwater changes have not been and amphipods have been found as p. 3; Service 2012, p. 9). abated by the Federal listing of the fish small proportions of the diets of native In summary, the modifications to the or other species. Therefore, the fishes at San Solomon and Phantom natural spring channels at San Solomon, conservation efforts provided by the Lake Springs (Winemiller and Anderson Phantom Lake, and Giffin Springs concomitant occurrence of species 1997, p. 201; Hargrave 2010, p. 10), and represent activities that occurred in the already listed under the Act have not crayfish are a known predator of snails past and resulted in a deterioration of prevented the past and ongoing habitat (Hershler 1998, p. 14). Bradstreet (2011, the available habitat for the Phantom loss, nor is it expected to prevent future p. 98) assumed that snails at San Cave snail, Phantom springsnail, and habitat loss. Solomon Spring were prey for both diminutive amphipod. Actions by fishes and crayfishes and suspected that conservation agencies over the past few Summary of Factor A the native snails may be more decades have mitigated the impacts of Based on our evaluation of the best susceptible than the nonnative snails those actions by restoring some natural available information, we conclude that because of their small body size and functions to the outflow channels. the present and future destruction and thinner shells. In addition, Ladd and While additional impacts from modification of the habitat of the Rogowski (2012, p. 289) suggested that modifications are not likely to occur in Phantom Cave snail, Phantom the nonnative red-rim melania the future because of land ownership by springsnail, and diminutive amphipod (Melanoides tuberculata) may prey conservation entities at three of the four is a significant threat. Some of these upon native snail eggs of a different spring sites, the past modifications have impacts occurred in the past from the species. However, our knowledge of contributed to the endangerment of loss of natural spring flows at several such predation is very limited, and the these species by reducing the overall springs likely within the historic range. extent to which the predation might quantity of available habitat and, The impacts are occurring now and are affect native springsnails is unknown. therefore, reducing the number of likely to continue in the future For more discussion about red-rim individuals of each species that can throughout the current range as melania see ‘‘Factor E. Other Natural or inhabit the spring outflows. The lower groundwater levels decline and increase Manmade Factors Affecting Its the overall number of individuals of the possibility of the loss of additional Continued Existence.’’ We are not aware each species and the lower the amount springs. As additional springs are lost, of any other information indicating that of available habitat, the greater the risk the number of populations will decline the San Solomon Spring species are of extinction. Therefore, the and further increase the risk of affected by disease or predation factors. modification of spring channels extinction of these species. The sources For these reasons we conclude that contributes to increased risk of of this threat are not confirmed but are disease or predation are not significant extinction in the future as a presumed to include a combination of threats to the Phantom Lake snail,

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Phantom springsnail, and diminutive (Phantom Lake Spring owned by the Solomon Spring system (Ashworth amphipod, and we have no indication U.S. Bureau of Reclamation) and State 2001, pp. 143–144). Therefore, we will that these factors will affect these (San Solomon Spring owned by Texas not further consider that groundwater species more severely in the future. Parks and Wildlife Department) district. agencies, and by The Nature In 2010 the Groundwater Management D. The Inadequacy of Existing Conservancy (East Sandia Spring). Area 4 established ‘‘desired future Regulatory Mechanisms (San Solomon However, this land ownership only conditions’’ for the aquifers occurring Spring Species) protects the spring outflow channels within the five-county area of west Under this factor, we examine and provides no protection for Texas (Adams 2010, entire; Texas Water whether existing regulatory mechanisms maintaining groundwater levels to Development Board 2012a, entire). are inadequate to address the threats to ensure continuous spring flows. These projected conditions are the species discussed under Factors A In the following discussion, we important because they guide the plans and E. Section 4(b)(1)(A) of the evaluate the existing local regulations for water use of groundwater within Endangered Species Act requires the related to groundwater management groundwater conservation districts in Service to take into account ‘‘those within areas that might provide indirect order to attain the desired future efforts, if any, being made by any State benefits to the species’ habitats through condition of each aquifer they manage or foreign nation, or any political management of groundwater levels. (Texas Water Development Board 2012c, subdivision of a State or foreign nation, p. 23). In the following discussion we Local Groundwater Regulations to protect such species * * *.’’ We review the plans and desired future interpret this language to require the One regulatory mechanism that could conditions for the groundwater Service to consider relevant Federal, provide some protection to the spring conservation districts in Culberson, Jeff State, and Tribal laws or regulations that flows for these species comes from local Davis, and Presidio Counties relative to may minimize any of the threats we groundwater conservation districts. the potential regulation of groundwater describe in threat analyses under the Groundwater in Texas is generally for maintaining spring flows and abating other four factors, or otherwise enhance governed by the rule of capture unless future declines in the San Solomon conservation of the species. An example there is a groundwater district in place. Spring system. would be the terms and conditions The rule of capture allows a landowner The Culberson County Groundwater attached to a grazing permit that to produce as much groundwater as he Conservation District seeks to describe how a permittee will manage or she chooses, as long as the water is implement water management strategies livestock on a BLM allotment. They are not wasted (Mace 2001, p. 11). However, to ‘‘prevent the extreme decline of water nondiscretionary and enforceable, and local groundwater conservation districts levels for the benefit of all water right are considered a regulatory mechanism have been established throughout much owners, the economy, our citizens, and under this analysis. Other examples of Texas and are now the preferred the environment of the territory inside include State governmental actions method for groundwater management in the district’’ (Culberson County enforced under a State statute or the State (Texas Water Development Groundwater Conservation District constitution, or Federal action under Board 2012, pp. 23–258). Groundwater 2007, p. 1). The missions of Jeff Davis statute. districts ‘‘may regulate the location and County Underground Water District and Having evaluated the significance of production of wells, with certain Presidio County Underground Water the threat as mitigated by any such voluntary and mandatory exemptions’’ Conservation District are to ‘‘strive to conservation efforts, we analyze under (Texas Water Development Board 2012, develop, promote, and implement water Factor D the extent to which existing p. 27). conservation and management strategies regulatory mechanisms are inadequate There are currently four local to protect water resources for the benefit to address the specific threats to the groundwater districts in the area west of of the citizens, economy, and species. Regulatory mechanisms, if they the springs (Texas Water Development environment of the District’’ (Jeff Davis exist, may reduce or eliminate the Board 2011, p. 1) that could possibly County Underground Water impacts from one or more identified manage groundwater to protect spring Conservation District 2008, p. 1; threats. In this section, we review flows in the San Solomon Spring Presidio County Underground Water existing State and Federal regulatory system. The Culberson County Conservation District 2009, p. 1). mechanisms to determine whether they Groundwater Conservation District However, all three management plans effectively reduce or remove threats to covers the southwestern portion of specifically exclude addressing natural the three San Solomon Spring species. Culberson County and was confirmed resources issues as a goal because, ‘‘The Texas laws provide no specific (established by the Texas legislature and District has no documented occurrences protection for these invertebrate species, approved by local voters) in 1998. The of endangered or threatened species as they are not listed as threatened or Jeff Davis County Underground Water dependent upon groundwater endangered by the Texas Parks and Conservation District covers all of Jeff resources’’ (Culberson County Wildlife Department. However, even if Davis County and was confirmed in Groundwater Conservation District they were listed by the State, those 1993. The Presidio County Underground 2007, p. 10; Jeff Davis County regulations (Title 31 Part 2 of Texas Water Conservation District covers all of Underground Water Conservation Administrative Code) would only Presidio County and was confirmed in District 2008, p. 19; Presidio County prohibit the taking, possession, 1999. The Hudspeth County Underground Water Conservation transportation, or sale of any animal Underground Water District No. 1 District 2009, p. 14). This lack of species without the issuance of a covers the northwest portion of acknowledgement of the relationship of permit. The State makes no provision Hudspeth County and was confirmed in the groundwater resources under the for the protection of the habitat of listed 1957. This area of Hudspeth County Districts’ management to the species, which is the main threat to manages the Bone Spring-Victoria Peak conservation of the spring flow habitat these aquatic invertebrates. aquifer (Hudspeth County Underground at the San Solomon Spring system Some protection for the habitat of this Water District No. 1 2007, p. 1), which prevents any direct benefits of their species is provided with the land is not known to contribute water to the management plans for the three aquatic ownership of the springs by Federal regional flow that supplies the San invertebrates.

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We also considered the desired future are inadequate to protect against Lang (2011, pp. 4–5) also found condition of the relevant aquifer that ongoing and future modification of moderate densities of red-rim melania at supports San Solomon Spring system habitat for the Phantom Cave snail, Giffin Spring in both the headspring flows. The Culberson County Phantom springsnail, and diminutive area and downstream spring run area. Groundwater Conservation District amphipod. The quilted melania was first reported as being at San Solomon Spring in 1999 manages the groundwater where the Summary of Factor D bulk of groundwater pumping occurs in (Texas Parks and Wildlife Department the Salt Basin Bolson aquifer (part of the Although there are some regulatory 1999, p. 14) from observations in 1995 West Texas Bolson, the source of the mechanisms in place, such as the (Bowles 2012, pers. comm.). It was later water for the San Solomon Spring existence of groundwater conservation collected in 2001 (Lang 2011, p. 4), but system) (Oliver 2010, p. 7). The desired districts, we find that the mechanisms not identified until Bradstreet (2011, p. future condition for aquifers within the are not serving to alleviate or limit the 4) confirmed its presence there. The Culberson County Groundwater salient threats to the Phantom Cave species is not found in any other springs Conservation District area includes a 24- snail, Phantom springsnail, or in the San Solomon Spring system, but m (78-ft) drawdown for the West Texas diminutive amphipod. We, therefore, occurs in all habitats throughout San Bolsons (Salt Basin Bolson aquifer in conclude that these existing regulatory Solomon Spring at moderate densities Wild Horse Flat) to accommodate an mechanisms are inadequate to compared to other snails, with a total average annual groundwater pumping of sufficiently reduce the identified threats population estimate of about 840,000 ± 46 million cm (38,000 af) (Adams 2010, to the Phantom Cave snail, Phantom snails ( 1,070,000) (Bradstreet 2011, pp. p. 2; Oliver 2010, p. 7). The desired springsnail, and diminutive amphipod 45–55). future condition for the West Texas now and in the future. The mechanism and extent of potential effects of the two nonnative Bolsons for Jeff Davis County E. Other Natural or Manmade Factors snails on the native invertebrates have Underground Water Conservation Affecting Their Continued Existence not been studied directly. However, District includes a 72-ft (22-m) (San Solomon Spring Species) drawdown over the next 50 years to because both nonnative snails occur in We considered three other factors that accommodate an average annual relatively high abundances, it is may be affecting the continued groundwater pumping of 10 million cm reasonable to presume that they are existence of the San Solomon Spring (8,075 af) (Adams 2010, p. 2; Oliver likely competing for space and food species: nonnative snails, other 2010, p. 7). The desired future condition resources in the limited habitats in nonnative species, and the small, for the West Texas Bolsons for Presidio which they occur. Rader et al. (2003, pp. reduced ranges of the three San 651–655) reviewed the biology and County Underground Water District also Solomon Spring species. possible impacts of red-rim melania and includes a 72-ft (22-m) drawdown over suggested that the species had already the next 50 years to accommodate an Nonnative Snails displaced some native springsnails in average annual groundwater pumping of Another factor that may be impacting spring systems of the Bonneville Basin 12 million cm (9,793 af) (Adams 2010, the San Solomon Spring species is the of Utah. Appleton et al. (2009, entire) p. 2; Oliver 2010, p. 7). These presence of two nonnative snails that reviewed the biology and possible drawdowns are based on analysis using occur in a portion of their range. The impacts of the quilted melania and groundwater availability models red-rim melania and quilted melania found potentially significant impacts developed for the Texas Water both occur at San Solomon Spring, and likely to occur to the native benthic Development Board (Beach et al. 2004, the red-rim melania also occurs at invertebrate community in aquatic p. 10–6–10–8; Oliver 2010, entire). We Phantom Lake and Giffin Springs (Allan systems in South Africa. Currently, East expect that these groundwater districts 2011, p. 1; Bradstreet 2011, pp. 4–5; Sandia Spring has remained free of will use their district rules to regulate Lang 2011, pp. 4–5, 11). Both species nonnative snails, but their invasion water withdrawals in such a way as to are native to Africa and Asia and have there is a continuing concern (Bradstreet implement these desired future been imported into the United States as 2011, p. 95). We conclude that these two conditions. aquarium species. They are now snails may be having some negative The Salt Basin Bolson aquifer in the established in various locations across effects on the Phantom Cave snail, Wild Horse Flat area (the likely spring the southern and western portions of the Phantom springsnail, and diminutive source) can range from 60 to 300 m (200 United States (Bradstreet 2011, pp. 4–5; amphipod based on a potential for to 1,000 ft) thick. So although it is U.S. Geological Survey 2009, p. 2; competition for spaces and food impossible to determine precisely, we Benson 2012, p. 2). resources. anticipate the planned level of The red-rim melania was first groundwater drawdown will likely reported from Phantom Lake Spring Other Nonnative Species result in continued future declines in during the 1990s (Fullington 1993, p. 2; A potential future threat to these spring flow rates in the San Solomon McDermott 2000, pp. 14–15) and was species comes from the possible Spring system. Therefore, we expect first reported from Giffin Spring in 2001 introduction of additional nonnative that continued drawdown of the (Lang 2011, pp. 4–5). The species has species into their habitat. In general, aquifers as identified in the desired been at San Solomon Spring for some introduced species are a serious threat future conditions will contribute to time longer (Texas Parks and Wildlife to native aquatic species (Williams et al. ongoing and future spring flow declines. Department 1999, p. 14), but it is not 1989, p. 18; Lodge et al. 2000, p. 7). The Based on these desired future found in East Sandia Spring (Lang 2011, threat is particularly elevated at San conditions from the groundwater p. 10; Allan 2011, p. 1). Bradstreet Solomon Spring where the public access conservation districts, we conclude that reported the red-rim melania in all of to the habitat is prolific by the the regulatory mechanisms available to the habitats throughout San Solomon thousands of visitors to the Balmorhea the groundwater districts directing Spring at moderate densities compared State Park who swim in the spring future groundwater withdrawal rates to other snails, with a total population outflow pool. Unfortunately, people will from the aquifers that support spring estimate of about 390,000 snails (± sometimes release nonnative species flows in the San Solomon Spring system 350,000) (Bradstreet 2011, pp. 45–55). into natural waters, intentionally or

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unintentionally, without understanding negatively affects the populations available regarding the past, present, the potential impacts to native species. (Shepard 1993, pp. 354–357; McKinney and future threats to the Phantom Cave In spite of regulations that do not permit 1997, p. 497; Minckley and Unmack snail, Phantom springsnail, and it, visitors to the Park may release 2000, pp. 52–53). In addition, the diminutive amphipod. We find the nonnative species into the outflow species are restricted to aquatic habitats species are in danger of extinction due waters of San Solomon Spring. This is in small spring systems and have to the current and ongoing modification presumably how the two nonnative minimal mobility and no other habitats and destruction of their habitat and snails became established there. available for colonization, so it is range (Factor A) from the ongoing and Nonnative fishes are sometimes seen unlikely their range will ever expand future decline in spring flows, and and removed from the water by Park beyond the current extent. This historic modification of spring channels. personnel (Texas Parks and Wildlife situation makes the magnitude of The most significant factor threatening Department 1999, pp. 46–47). The Park impact of any possible threat very high. these species is a result of historic and makes some effort to minimize the risk In other words, the resulting effects of future declines in regional groundwater of nonnative species introductions by any of the threat factors under levels that have caused some springs to prohibiting fishing (so no live bait is consideration here, even if they are cease flowing and threatens the released) and by taking measures to relatively small on a temporal or remaining springs with the same fate. educate visitors about the prohibition of geographic scale, could result in We did not find any significant threats releasing species into the water (Texas complete extinction of the species. to the species under Factors B or C. We Parks and Wildlife Department 1999, While the small, reduced range does not found that existing regulatory pp. 48). In spite of these efforts, there is represent an independent threat to these mechanisms are inadequate to provide an ongoing risk, which cannot be fully species, it does substantially increase protection to the species through determined, that novel and destructive the risk of extinction from the effects of groundwater management by nonnative species could be introduced other threats, including those addressed groundwater conservation districts in the future. This risk is much lower at in this analysis and those that could (Factor D) from existing and future the other three springs in the San occur in the future from unknown threats. Finally, two nonnative snails Solomon Spring system because of the sources. occur in portions of the species’ range lack of public access to these sites. Summary of Factor E that could be another factor negatively We conclude that the future affecting the species (Factor E). The introduction of any nonnative species The potential impacts of these severity of the impact from these nonnative snails and any future represents an ongoing concern to the nonnative snails or other future introductions of other nonnative species aquatic invertebrates, however, the introductions of nonnative species is on the Phantom Cave snail, Phantom immediacy of this happening is not known, but such introductions may springsnail, and diminutive amphipod relatively low because it is only a future contribute to the risk of extinction from are largely unknown with the current possibility. In addition, the severity of the threats to habitat through reducing available information. But the nonnative the impact is also relatively low because the abundance of the three aquatic snails are presumed to have some it is most likely to occur only at San invertebrates through competition for negative consequences to the native Solomon Spring and the actual effects of space and resources. The small, reduced snails through competition for space any nonnative species on the Phantom ranges (Factor E) of these species, when and resources. The effects on the Cave snail, Phantom springsnail, and coupled with the presence of additional diminutive amphipod are unknown at diminutive amphipod are even less threats, also put them at a heightened this time. clear, but competition could still be occurring. These nonnative snails have risk of extinction. Small, Reduced Range likely been co-occurring for at least 20 The elevated risk of extinction of the One important factor that contributes years at three of the four known Phantom Cave snail, Phantom to the high risk of extinction for these locations for these species, and there is springsnail, and diminutive amphipod species is their naturally small range currently nothing preventing the is a result of the cumulative nature of that has been reduced from past invasion of the species into East Sandia the stressors on the species and their destruction of their habitat. While the Spring. Considering the best available habitats. For example, the past overall extent of geographic range of the information, we conclude that the reduction in available habitat through species has not changed, the number presence of these two nonnative snails modification of spring channels resulted and distribution of local populations and the potential future introductions of in a lower number of individuals within their range has likely been nonnative species currently represent a contributing to the sizes of the reduced when other small springs low-intensity threat to the Phantom populations. In addition, the loss of within the San Solomon Spring system Cave snail, Phantom Lake springsnail, other small springs that may have been (such as Saragosa, Toyah, and West and diminutive amphipod. In addition, inhabited by the species reduced the Sandia Springs) ceased to flow (Brune the small, reduced ranges of these number of populations that would 1981, p. 386; Karges 2003, p. 145). species limit the number of available contribute to the species’ overall These species are now currently limited populations and increase the risk of viability. In this diminished state, the to four small spring outflow areas, with extinction from other threats. In species are also facing future risks from the populations at Phantom Lake Spring combination with the past and future the impacts of continuing declining in imminent threat of loss. threats from habitat modification and spring flows, exacerbated by potential The geographically small range with loss, these factors contribute to the extended future droughts resulting from only four populations of these increased risk of extinction to the three global climate change, and potential invertebrate species increases the risk of native species. effects from nonnative species. All of extinction from any effects associated these factors contribute together to with other threats or stochastic events. Proposed Determination—San Solomon heighten the risk of extinction and lead When species are limited to small, Spring Species to our finding that the Phantom Cave isolated habitats, they are more likely to We have carefully assessed the best snail, Phantom springsnail, and become extinct due to a local event that scientific and commercial information diminutive amphipod are in danger of

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extinction throughout all of their ranges A. The Present or Threatened many diffuse and unconfined small and warrant listing as endangered Destruction, Modification, or springs and seeps makes the estimates species. Curtailment of Their Habitat or Range of water quantity discharging from the The Act defines an endangered (Diamond Y Spring Species) spring system difficult to obtain. However, many authors (Veni 1991, p. species as any species that is ‘‘in danger Spring Flow Decline 86; Echelle et al. 2001, p. 28; Karges of extinction throughout all or a The primary threat to the continued 2003, pp. 144–145) have described the significant portion of its range’’ and a existence of the Diamond Y Spring reductions in available surface waters threatened species as any species ‘‘that species is the degradation and potential observed compared to older is likely to become endangered future loss of aquatic habitat (flowing descriptions of the area (Kennedy 1977, throughout all or a significant portion of water from the spring outlets) due to the p. 93; Hubbs et al. 1978, p. 489; Taylor its range within the foreseeable future.’’ decline of groundwater levels in the 1985, pp. 4, 15, 21). The amount of We have carefully assessed the best aquifers that support spring surface aquatic habitat may vary to some degree scientific and commercial information flows. Habitat for these species is based on annual and seasonal available regarding the past, present, exclusively aquatic and completely conditions, but the overall trend in the and future threats to the species, and dependent upon spring outflows. Spring reduction in the amount of surface have determined that the Phantom Cave flows in the Diamond Y Spring system water over the last several decades is snail, Phantom springsnail, and appear to have declined in flow rate apparent. diminutive amphipod all meet the over time, and as spring flows decline A clear example of the loss in aquatic definition of endangered species under available aquatic habitat is reduced and habitat comes from Kennedy’s (1977, p. altered. When a spring ceases to flow the Act. Significant threats are occurring 93) description of one of his study sites continually, all habitats for these now and in the foreseeable future, at a in 1974. Station 2 was called a ‘‘very species are lost, and the populations large pool’’ near Leon Creek of about high intensity, and across the species’ will be extirpated. When all of the entire range, placing them on the brink 1,500 to 2,500 sq m (16,000 to 27,000 sq springs lose consistent surface flows, all ft) with shallow depths of 0.5 to 0.6 m of extinction at the present time. natural habitats for these aquatic (1.6 to 2.0 ft), with a small 2-m (6.6-ft) Because the threats are placing the invertebrates will be gone, and the deep depression in the center. Today species in danger of extinction now and species will become extinct. We know very little open water is found in this not only in the foreseeable future, we springs in this area can fail due to area, only marshy soils with occasional have determined that they meet the groundwater pumping, because larger trickles of surface flow. This slow loss definition of endangered species rather nearby springs, such as Comanche and of aquatic habitat has occurred than threatened species. Therefore, on Leon Springs have already ceased throughout the system over time and the basis of the best available scientific flowing and likely resulted in the represents a substantial threat to the and commercial information, we extirpation of local populations of these continued existence of the Diamond Y propose listing the Phantom Cave snail, species (assuming they were present Spring snail, Gonzales springsnail, and Phantom springsnail, and diminutive historically). the Pecos amphipod. amphipod as endangered species in The springs do not have to cease The precise reason for the declining accordance with sections 3(6) and flowing completely to have an adverse spring flows remains uncertain, but it is 4(a)(1) of the Act. effect on invertebrate populations. The presumed to be related to a combination small size of the spring outflows in the of groundwater pumping, mainly for Under the Act and our implementing Diamond Y Spring system makes them agricultural irrigation, and a lack of regulations, a species may warrant particularly susceptible to changes in natural recharge to the supporting listing if it is threatened or endangered water chemistry, increased water aquifers. In addition, future changes in throughout all or a significant portion of temperatures, and freezing. Because the regional climate are expected to its range. The species proposed for these springs are small, any reductions exacerbate declining flows. listing in this rule are highly restricted in the flow rates from the springs can Initial studies of the Diamond Y within their range, and the threats occur reduce the available habitat for the Spring system suggested that the throughout their range. Therefore, we species, decreasing the number of Edwards-Trinity aquifer was the assessed the status of the species individuals and increasing the risk of primary source of flows (Veni 1991, p. throughout their entire range. The extinction. Water temperatures and 86). However, later studies seem to threats to the survival of the species chemical factors such as dissolved confirm that the Rustler aquifer is occur throughout the species’ range and oxygen in springs do not typically instead more likely the chief source of are not restricted to any particular fluctuate (Hubbs 2001, p. 324); water (Boghici 1997, p. 107). The significant portion of that range. invertebrates are narrowly adapted to Rustler aquifer is one of the less-studied Accordingly, our assessment and spring conditions and are sensitive to aquifers in Texas and encompasses most proposed determination applies to the changes in water quality (Hershler 1998, of Reeves County and parts of Culberson, Pecos, Loving, and Ward species throughout their entire range. p. 11). Spring flow declines can lead to the degradation and loss of aquatic Counties in the Delaware Basin of west Diamond Y Spring Species—Diamond Y invertebrate habitat and present a Texas (Boghici and Van Broekhoven Spring Snail, Gonzales Springsnail, and substantial threat to the species. 2001, pp. 209–210). The Rustler strata Pecos Amphipod There have been no regular recordings are thought to be between 75 to 200 m of spring flow discharge at Diamond Y (250 to 670 ft) thick (Boghici and Van The following five-factor analysis Spring to quantify any trends in spring Broekhoven 2001, p. 207). Very little applies to the three species that occur in flow. The total flow rates are very low, recharge to the aquifer likely comes the Diamond Y Spring system in Pecos as Veni (1991, p. 86) estimated total from precipitation in the Rustler Hills in County, Texas: Diamond Y Spring snail, discharge from the upper watercourse at Culberson County, but most of it may be Gonzales springsnail, and Pecos 0.05 to .08 cms (2 to 3 cfs) and from the contributed by cross-formational flows amphipod. lower watercourse at 0.04 to 0.05 cms (1 from old water from deeper aquifer to 2 cfs). The nature of the system with formations (Boghici and Van

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Broekhoven 2001, pp. 218–219). longer periods also may be used (IPCC area is likely to become warmer and at Groundwater planning for the Rustler 2007a, p. 78). The term ‘‘climate least slightly drier (Texas Water aquifer anticipates no annual recharge change’’ thus refers to a change in the Development Board 2008, pp. 22–25). (Middle Pecos Groundwater mean or variability of one or more The potential effects of future climate Conservation District 2010b, p. 18). measures of climate (e.g., temperature or change could reduce overall water Historic pumping from the Rustler precipitation) that persists for an availability in this region of western aquifer in Pecos County may have extended period, typically decades or Texas and compound the stressors contributed to declining spring flows, as longer, whether the change is due to associated with declining flows from the withdrawals of up to 9 million cm natural variability, human activity, or Diamond Y Spring system. As a result (7,500 af) in 1958 were recorded, with both (IPCC 2007a, p. 78). of the effects of increased drought, estimates from 1970 to 1997 suggesting Although the bulk of spring flows spring flows could decline indirectly as groundwater use averaged between probably originates from water sources a result of increased pumping of 430,000 cm (350 af) to 2 million cm with limited recent recharge, any groundwater to accommodate human (1,550 af) per year (Boghici and Van decreases in regional precipitation needs for additional water supplies Broekhoven 2001, p. 218). As a result, patterns due to prolonged drought will (Mace and Wade 2008, p. 664; Texas declines in water levels in Pecos County further stress groundwater availability Water Development Board 2012c, p. wells in the Rustler aquifer from the and increase the risk of diminishment or 231). mid-1960s through the late 1970s of up drying of the springs. Drought affects In conclusion, the Diamond Y Spring to 30 m (100 ft) have been recorded both surface and groundwater resources snail, Gonzales springsnail, and Pecos (Boghici and Van Broekhoven 2001, p. and can lead to diminished water amphipod are in danger of extinction 213). We assume that groundwater quality (Woodhouse and Overpeck because of the past and expected future pumping has had some impacts on 1998, p. 2693; MacRae et al. 2001, pp. loss of habitat associated with declining spring flows of the Diamond Y Spring 4, 10) in addition to reducing spring flows. Some nearby springs have system in the past; however, they have groundwater quantities. Lack of rainfall already gone dry. While the sources of not yet been substantial enough to cause may also indirectly affect aquifer levels the stress of declining spring flows are the main springs to cease flowing. by resulting in an increase in not known for certain, the best available Future groundwater withdrawals may groundwater pumping to offset water scientific information would indicate further impact spring flow rates if they shortages from low precipitation (Mace that it is the result of a combination of occur in areas of the Rustler Aquifer that and Wade 2008, p. 665). factors including past and current affect the spring source areas. Recent drought conditions may be groundwater pumping and climatic Groundwater pumping withdrawals in indicative of more common future changes (decreased precipitation and Pecos County are expected to continue conditions. The current, multiyear recharge). The threat of habitat loss from in the future mainly to support irrigated drought in the western United States, declining spring flows affects all the agriculture (Region F Water Planning including the Southwest, is the most entire range of all three species, as all Group 2011, pp. 2-16–2-19) and will severe drought recorded since 1900 are at risk of future loss due to declining result in continued lowering of the (Overpeck and Udall 2010, p. 1642). In spring flows. All indications are that the groundwater levels in the Rustler 2011, Texas experienced the worst source of this threat will persist into the aquifer. The latest plans from annual drought since recordkeeping future and will result in continued Groundwater Management Area 3 (the began in 1895 (NOAA 2012, p. 4), and degradation of the species’ habitats, planning group covering the relevant only 1 other year since 1550 (the year placing them at a high risk of extinction. portion of the Rustler Aquifer) allows 1789) was as dry as 2011 based on tree- Water Quality Changes and for a groundwater withdrawal in the ring climate reconstruction (NOAA Contamination Rustler Aquifer not to exceed 90 m (300 2011, pp. 20–22). In addition, numerous ft) in the year 2060 (Middle Pecos climate change models predict an Another potential factor that could Groundwater Conservation District overall decrease in annual precipitation impact habitat of the Diamond Y Spring 2010a, p. 2). This level of drawdown in the southwestern United States and species is the potential degradation of will accommodate 12.9 million cm northern Mexico. water quality from point pollutant (10,508 af) of annual withdrawals by Future global climate change may sources. This can occur either directly pumping (Middle Pecos Groundwater result in increased severity of droughts into surface water or indirectly through Conservation District 2010b, p. 15). This and further contribute to impacts on the contamination of groundwater that level of pumping would be 30 times aquatic habitat from reduction of spring discharges into spring run habitats used more than the long-term average and flows. There is high confidence that by the species. The primary threat for could result in an extensive reduction in many semiarid areas like the western contamination in these springs comes the available groundwater in the aquifer United States will suffer a decrease in from activities related to oil and gas based on the total thickness of the water resources due to ongoing climate exploration, extraction, transportation, Rustler strata. Therefore, we anticipate change (IPCC 2007b, p. 7; Karl et al. and processing. this level of groundwater drawdown 2009, pp. 129–131), as a result of less Oil and gas activities are a source of may contribute to continued declines in annual mean precipitation. Milly et al. significant threat to the Diamond Y spring flow rates in the Diamond Y (2005, p. 347) also project a 10 to 30 Spring species because of the potential Spring system. percent decrease in precipitation in groundwater or surface water Another factor possibly contributing mid-latitude western North America by contamination from pollutants (Veni to declining spring flows is climatic the year 2050 based on an ensemble of 1991, p. 83; Fullington 1991, p. 6). The changes that may increase the frequency 12 climate models. Even under lower Diamond Y Spring system is within an and duration of local and regional greenhouse gas emission scenarios, active oil and gas extraction field that drought. The term ‘‘climate’’ refers to recent projections forecast a 10 percent has been operational for many decades. the mean and variability of different decline in precipitation in western In 1990, there were 45 active and types of weather conditions over time, Texas by 2080 to 2099 (Karl et al. 2009, plugged wells within the Diamond Y with 30 years being a typical period for pp. 129–130). Assessments of climate Preserve and an estimated 800 to 1,000 such measurements, although shorter or change in west Texas suggest that the wells perforated the aquifers within the

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springs’ drainage basins (Veni 1991, p. soil chemistry and the microorganisms 83). However, the potential for future 83). At this time there are still many that serve as the base of food web in the adverse effects from a catastrophic event active wells located within about 100 m aquatic ecosystem). The effects of a is an ongoing threat of high severity of (about 300 ft) of surface waters. In surface spill or leak might be contained potential impact but not immediate. addition, a natural gas processing plant, to a local area and only affect a portion Modification of Spring Channels known as the Gomez Plant, is located of the populations; however, an event within 0.8 km (0.5 mi) upslope of that contaminated the groundwater The spring outflow channels in the Diamond Y Spring. Oil and gas could impact both the upper and lower Diamond Y Spring system have pipelines cross the habitat, and many oil watercourses and eliminate the entire remained mostly intact. The main subtle extraction wells are located near the range of all three species. There is changes in the past were a result of occupied habitat. Oil and gas drilling currently no regular monitoring of the some cattle grazing before The Nature also occurs throughout the area of water quality occurring for these species Conservancy discontinued livestock use supporting groundwater providing or their habitats, so it is unlikely that in 2000, and roads and well pads that another potential source of the effects would be detected quickly to were constructed in the spring outflow contamination through the groundwater allow for a timely response. areas. Most of these structures were supply. The Gomez Plant, which These invertebrates are sensitive to removed by the oil and gas industry collects and processes natural gas is water contamination. Hydrobiid snails following The Nature Conservancy’s located about 350 m (1,100 feet) up as a group are considered sensitive to ownership in 1990. Several caliche gradient from the head pool of Diamond water quality changes, and each species (hard calcium carbonate material) roads Y Spring (Hoover 2011, p. 1). Taylor is usually found within relatively still cross the spring outflows with (1985, p. 15) suggested that an narrow habitat parameters (Sada 2008, small culverts used to pass the restricted unidentified groundwater pollutant may p. 59). Taylor (1985, p. 15) suggested flows. have been responsible for reductions in that an unidentified groundwater A recent concern has been raised abundance of Diamond Y Spring snail pollutant may have been responsible for regarding the encroachment of bulrush in the headspring and outflow of reductions in abundance of Diamond Y into the spring channels. Bulrush is an Diamond Y Spring, although there never Spring snails in the headspring and emergent plant that grows in dense were any follow-up studies done to outflow of Diamond Y Spring, although stands along the margins of spring investigate the presumption. The no follow-up studies were ever channels. (An emergent plant is one potential for an event catastrophic to the conducted to investigate the rooted in shallow water and having Diamond Y Spring species from a presumption. Additionally, amphipods most of its vegetative growth above the contaminant spill or leak is possible at generally do not tolerate habitat water.) When flow levels decline, any time (Veni 1991, p. 83). desiccation (drying), standing water, reducing water depths and velocities, As an example of the possibility for sedimentation, or other adverse bulrush can become very dense and spills, in 1992 approximately 10,600 environmental conditions; they are dominate the wetted channel. In 1998, barrels of crude oil were released from considered very sensitive to habitat bulrush made up 39 percent (± 33 a 15-cm (6-in) pipeline that traverses degradation (Covich and Thorpe 1991, percent) of the plant species in the Leon Creek above its confluence with pp. 676–677). wetted marsh areas of the Diamond Y Diamond Y Draw. The oil was from a Several conservation measures have Draw (Van Auken et al. 2007, p. 54). pipeline, which ruptured at a point been implemented in the past to reduce Observations by Itzkowitz (2008, p. 5; several hundred feet away from the the potential for a contamination event. 2010, pp. 13–14) found that bulrush Leon Creek channel. The spill site itself In the 1970s the U.S. Department of were increasing in density at several is about 1.6 km (1 mi) overland from Agriculture, Natural Resources locations within the upper and lower Diamond Y Spring. The pipeline was Conservation Service (then the Soil watercourses in Diamond Y Draw operated at the time of the spill by the Conservation Service) built a small berm resulting in the loss of open water Texas-New Mexico Pipeline Company, encompassing the south side of habitats. Itzkowitz (2010, pp. 13–14) but ownership has since been Diamond Y Spring to prevent a surface also noted a positive response by transferred to several other companies. spill from the Gomez Plant from bulrush following a controlled fire for The Texas Railroad Commission has reaching the spring head. After The grassland management. been responsible for overseeing cleanup Nature Conservancy purchased the In addition to water level declines, of the spill site. Remediation of the site Diamond Y Springs Preserve in 1990, oil the bulrush encroachment may have initially involved aboveground land and gas companies undertook a number been aided by a small flume that was farming of contaminated soil and rock of conservation measures to minimize installed in 2000 about 100 m (300 ft) strata to allow microbial degradation. In the potential for contamination of the downstream of the springhead pool at later years, remediation efforts focused aquatic habitats. These measures Diamond Y Spring (Service 1999, p. 2). on vacuuming oil residues from the included decommissioning buried The purpose of the flume was to surface of groundwater exposed by corrodible metal pipelines and replacing facilitate spring flow monitoring, but the trenches dug at the spill site. No them with synthetic surface lines, instrumentation was not maintained. impacts on the rare fauna of Diamond Y installing emergency shut-off valves, The flume remains in place and is now Springs have been observed, but no building berms around oil pad sites, and being used for flow measurements by specific monitoring of the effects of the removing abandoned oil pad sites and the U.S. Geological Survey. The spill was undertaken (Industrial their access roads that had been installation of the flume may have Economics, Inc. 2005, p. 4–12). impeding surface water flow (Karges slightly impounded the water upstream If a contaminant were to leak into the 2003, p. 144). creating shallow, slow overflow areas habitat of the species from any of the Presently, there is no evidence of along the bank promoting bulrush various sources, the effects of the habitat destruction or modification due growth. This potential effect of the contamination could result in death to to groundwater or surface water action was not foreseen (Service 1999, exposed individuals, reductions in food contamination from leaks or spills, and p. 3). Whether or not the flume was the availability, or other ecological impacts no major spills affecting the habitat have cause, the area upstream of it is now (such as long-term alteration to water or been reported in the past (Veni 1991, p. overgrown with bulrush, and the two

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snails have not been found in this occur. However, land ownership by The the same locations. Management and section for some time. Nature Conservancy provides limited protection of the spring habitats by There are several ways in which ability to prevent changes such as Texas Parks and Wildlife Department, dense bulrush stands may alter habitat increases in bulrush or to control feral The Nature Conservancy, and the for the invertebrates. Bulrush grows to hogs. Moreover, the Nature Conservancy Service has benefited the aquatic a height of about 0.7 m (2 ft) tall in very can provide little protection from the invertebrates (Karges 2007, pp. 19–20). dense stands. Dense bulrush thickets main threats to this species—the loss of However, the primary threat from the will result in increased shading of the necessary groundwater levels to ensure loss of habitat due to declining spring water surface, which is likely to reduce adequate spring flows or contamination flows related to groundwater changes the algae and other food sources for the of groundwater from oil and gas have not been abated by the Federal invertebrates. In addition, the stems will activities (Taylor 1985, p. 21; Karges listing of the fish or other species. slow the water velocity, and the root 2003, pp. 144–145). Therefore, the conservation efforts masses will collect sediments and alter In summary, the modifications to the provided by the concomitant occurrence the substrates in the stream. These small natural spring channels at the Diamond of species already listed under the Act changes in habitat conditions may result Y Spring system represent activities that have not prevented past and current in proportionally large areas of the are occurring now and will likely habitat loss, nor are they expected to do spring outflow channels being continue in the future through the so in the future. unsuitable for use by the invertebrates, continued encroachment of bulrush as particularly the springsnails. Supporting spring flows continue to decline and Summary of Factor A this idea is the reported distributions of through the effects of feral hog wallows. Based on our evaluation of the best the snails that found them in highest Conservation actions over the past two available information, we conclude that abundance in areas with more open decades have removed and minimized the present and future destruction and flowing water not dominated by bulrush some past impacts to spring channels by modification of the habitat of the (Allan 2011, p. 2). The impacts of dense removing livestock and rehabilitating Diamond Y Spring snail, Gonzales bulrush stands as a result of declining former oil pads and access roads. While springsnail, and Pecos amphipod is a spring flow rates may be negatively additional direct modifications are not significant threat. These impacts in the affecting the distribution and abundance likely to occur in the future because of past have come from the loss of natural of the invertebrates within the Diamond land ownership by The Nature spring flows at several springs likely Y Spring system. Conservancy, future modifications from within the historic range, and the future Another recent impact to spring bulrush encroachment and feral hog threat of the loss of additional springs channels comes from disturbance by wallows contribute to the suite of as groundwater levels are likely to feral hogs (Sus scrofa). These species threats to the species’ habitat by decline in the future. As springs decline have been released or escaped from reducing the overall quantity of throughout the small range of these domestic livestock and have become available habitat and, therefore, species, the number of individuals and free-ranging over time (Mapston 2005, p. reducing the number of individuals of populations will decline and continue 6). They have been in Texas for about each species that can inhabit the to increase the risk of extinction of these 300 years and occur throughout the springs. The lower the overall number species. The sources of this threat are State. The area around Diamond Y of individuals of each species and the not confirmed but are presumed to Spring has not previously been reported less available habitat, the greater the risk include a combination of factors as within their distribution (Mapston of extinction. Therefore, the associated with groundwater pumping 2005, p. 5), but they have now been modification of spring channels and climatic changes. The potential for confirmed there (Allan 2011, p. 2). The contributes to increased risk of a spill of contaminants from oil and gas feral hogs prefer wet and marshy areas extinction in the future as a operations presents a constant future and damage spring channels by creating consequence of ongoing and future threat to the quality of the aquatic wallows, muddy depressions used to impacts. habitat. Finally, the risk of extinction is keep cool and coat themselves with heightened by the ongoing and future mud (Mapston 2005, p. 15). In 2011, Other Conservation Efforts modification of spring channels, which wallows were observed in spring The Diamond Y Spring system is reduces the number of individuals in channels formerly inhabited by the inhabited by two fishes federally listed each population, from the encroachment invertebrates in both the upper and as endangered—Leon Springs pupfish of bulrush and the presence of feral lower watercourses at the Diamond Y (Service 1985, pp. 3) and Pecos hogs. Preserve (Allan 2011, p. 2). The gambusia (Service 1983, p. 4). In B. Overutilization for Commercial, alterations in the spring channels addition, the area is also inhabited by Recreational, Scientific, or Educational caused by the wallows make the the federally threatened Pecos affected area uninhabitable by the sunflower (Service 2005, p. 4) and the Purposes (Diamond Y Spring Species) invertebrates. The effects of feral hog federally endangered Pecos assiminea There are very few people who are wallows are limited to small areas but snail (Service 2010, p. 5). Critical interested in or study springsnails and act as another stressor on the very habitat has not been designated for amphipods, and those who do are limited habitat of these three Diamond Pecos gambusia. The Diamond Y Spring sensitive to their rarity and endemism. Y Spring species. has been designated as critical habitat Consequently, collection for scientific or Some protection for the spring for Leon Springs pupfish, Pecos educational purposes is very limited. channel habitats for the Diamond Y sunflower, and Pecos assiminea snail There are no known commercial or Spring species is provided with the (45 FR 54678, August 15, 1980; 73 FR recreational uses of these invertebrates. ownership and management of the 17762, April 1, 2008; 76 FR 33036, June For these reasons we conclude that Diamond Y Spring Preserve by The 7, 2011, respectively). overutilization for commercial, Nature Conservancy (Karges 2003, pp. The three Diamond Y Spring species recreational, scientific, or educational 143–144). Their land stewardship efforts have been afforded some protection purposes are not a threat to the ensure that intentional or direct impacts indirectly in the past due to the Diamond Y Spring snail, Gonzales to the spring channel habitats will not presence of these other listed species in springsnail, and Pecos amphipod, and

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we have no indication that these factors Having evaluated the significance of (Texas Water Development Board 2012, will affect these species in the future. the threat as mitigated by any such p. 27). conservation efforts, we analyze under There is currently one local C. Disease or Predation (Diamond Y Factor D the extent to which existing groundwater district in the area (Texas Spring Species) regulatory mechanisms are inadequate Water Development Board 2011, p. 1) The Diamond Y Spring species are not to address the specific threats to the that could possibly manage groundwater known to be affected by any disease. species. Regulatory mechanisms, if they to protect spring flows in the Diamond These invertebrates are likely natural exist, may reduce or eliminate the Y Spring system. The Middle Pecos prey species for fishes that occur in impacts from one or more identified Groundwater Conservation District their habitats. There are no known threats. In this section, we review covers all of Pecos County and was nonnative predatory fishes within their existing State and Federal regulatory confirmed in 2002. The Middle Pecos spring habitats, but there are crayfish, mechanisms to determine whether they County Groundwater Conservation which are known to prey on snails effectively reduce or remove threats to District seeks to implement water (Hershler 1998, p. 14). Ladd and the three San Solomon Spring species. management strategies to ‘‘help Rogowski (2012, p. 289) suggested that Texas laws provide no specific maintain a sustainable, adequate, the nonnative red-rim melania may prey protection for these invertebrate species, reliable, cost effective and high quality upon different species of native snail as they are not listed as threatened or source of groundwater to promote the eggs. However, the evidence of such endangered by the Texas Parks and vitality, economy and environment of predation is very limited, and the extent Wildlife Department. However, even if the District’’ (Middle Pecos to which the predation might affect they were listed by the State, those Groundwater Conservation District native snails is unknown. For more regulations (Title 31 Part 2 of Texas 2010b, p. 1). However, the management discussion about red-rim melania, see Administrative Code) would only plan provides no objectives to maintain ‘‘Factor E. Other Natural or Manmade prohibit the taking, possession, spring flow at Diamond Y Spring or to Factors Affecting Its Continued transportation, or sale of any animal otherwise conserve the three aquatic Existence (Diamond Y Spring Species).’’ species without the issuance of a invertebrates. This lack of We are not aware of any other permit. The State makes no provision acknowledgement of the relationship information indicating that the Diamond for the protection of the habitat of listed between the groundwater resources under the Districts’ management to the Y Spring species are affected by disease species, which is the main threat to conservation of the spring flow habitat or predation. For these reasons we these aquatic invertebrates. at the Diamond Y Spring system limits conclude that neither disease nor Some protection for the habitat of this any direct benefits of the management predation are threats to the Diamond Y species is provided with the land plan for the three aquatic invertebrates. Spring snail, Gonzales springsnail, and ownership of the springs by The Nature In 2010 the Groundwater Management Pecos amphipod, and we have no Conservancy. However, this land Area 3 established ‘‘desired future indication that these factors will affect ownership only protects the spring conditions’’ for the aquifers occurring these species in the future. outflow channels and provides no within a six-county area of west Texas D. The Inadequacy of Existing protection for maintaining groundwater (Texas Water Development Board Regulatory Mechanisms (Diamond Y levels to ensure continuous spring 2012b, entire). These projected Spring Species) flows. conditions are important because they In the following discussion we guide the plans for water use of Under this factor, we examine evaluate the local regulations related to groundwater within groundwater whether existing regulatory mechanisms groundwater management within areas conservation districts in order to attain are inadequate to address the threats to that might provide indirect benefits to the desired future condition of each the species discussed under the other the species’ habitats through aquifer they manage (Texas Water four factors. Section 4(b)(1)(A) of the management of groundwater Development Board 2012c, p. 23). The Endangered Species Act requires the withdrawals, and Texas regulations for latest plans from Groundwater Service to take into account ‘‘those oil and gas activities. Management Area 3 (the planning group efforts, if any, being made by any State Local Groundwater Regulations covering the relevant portion of the or foreign nation, or any political Rustler aquifer) allows for a subdivision of a State or foreign nation, One regulatory mechanism that could groundwater withdrawal in the Rustler to protect such species * * * .’’ We provide some protection to the spring aquifer not to exceed a 90 m (300 ft) interpret this language to require the flows for these species comes from local drawdown in the year 2060 (Middle Service to consider relevant Federal, groundwater conservation districts. Pecos Groundwater Conservation State, and Tribal laws and regulations Groundwater in Texas is generally District 2010a, p. 2). The Rustler strata that may minimize any of the threats we governed by the rule of capture unless are thought to be between only about 75 describe in threat analyses under the there is a groundwater district in place. and 200 m (250 and 670 ft) thick. This other four factors, or otherwise enhance The rule of capture allows a landowner level of drawdown will accommodate conservation of the species. An example to produce as much groundwater as he 12.9 million cm (10,508 af) of annual would be the terms and conditions or she chooses, as long as the water is withdrawals by pumping (Middle Pecos attached to a grazing permit that not wasted (Mace 2001, p. 11). However, Groundwater Conservation District describe how a permittee will manage local groundwater conservation districts 2010b, p. 15; Williams 2010, pp. 3–5). livestock on a BLM allotment. They are have been established throughout much We expect that the groundwater district nondiscretionary and enforceable, and of Texas and are now the preferred will use their district rules to regulate are considered a regulatory mechanism method for groundwater management in water withdrawals in such a way as to under this analysis. Other examples the State (Texas Water Development implement these desired future include State governmental actions Board 2012, pp. 23–258). Groundwater conditions. enforced under a State statute or districts ‘‘may regulate the location and We expect that continued drawdown constitution, or Federal action under production of wells, with certain of the Rustler aquifer as identified in the statute. voluntary and mandatory exemptions’’ desired future conditions will

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contribute to ongoing and future spring effect of management to control lasting consequences to the distribution flow declines. Based on these desired nonnative fishes in Diamond Y Spring. and abundance of the snails. Currently future conditions from the groundwater One of the major threats to the the Gonzales springsnail occurs in this conservation district, we find that the endangered Leon Springs pupfish, area of the upper watercourse in a very regulatory mechanisms directing future which is also endemic to the Diamond narrow stretch of the outflow channel groundwater withdrawal rates from the Y Spring system, is hybridization with from Diamond Y Spring, and the aquifer that supports spring flows in the the introduced, nonnative sheepshead Diamond Y Spring snail may no longer Diamond Y Spring system are minnow (Cyprinodon variegatus). On occur in this stretch. Whether or not the inadequate to protect against ongoing two separate occasions efforts to application of the fish toxicants and future modification of habitat for eradicate the sheepshead minnow have influenced these changes in distribution the Diamond Y Spring snail, Gonzales incorporated the use of fish toxicants in and the current status of the Gonzales springsnail, and Pecos amphipod. the upper watercourse to kill and springsnail is unknown. However, there remove all the fish and restock with is some possibility that these actions Texas Regulations for Oil and Gas pure Leon Springs pupfish. The first could have contributed to the current Activities time was in the 1970s when the absence of the Diamond Y Spring snail The Railroad Commission of Texas chemical rotenone was used (Hubbs et from this reach and the restricted has regulations that govern many al. 1978, pp. 489–490) with no distribution of the Gonzales springsnail activities by the oil and gas industries documented conservation efforts or that now occurs in this reach. These to minimize the opportunity for the monitoring for the invertebrate actions only occurred in the past, and release of contaminants into the surface community. we do not anticipate them occurring water or groundwater in Texas (Texas A second restoration effort was made again in the future. If the sheepshead Administrative Code, Title 16. in 1998 when the fish toxicant minnow were to invade this habitat Economic Regulation, Part 1). While the Antimycin A was used (Echelle et al. again, we do not expect that chemical many regulations in place may be 2001, pp. 9–10) in the upper treatment would be used due to a effective at reducing the risk of watercourse. In that effort, actions were heightened concern about conservation contaminant releases, they cannot taken to preserve some invertebrates of the invertebrates. Therefore, we remove the threat of a catastrophic event (holding them in tanks) during the consider this threat relatively that could lead to the extinction of the treatment, and an intense monitoring insignificant because it was not severe aquatic invertebrates. Therefore, effort was conducted to measure the in its impact on the species, and it is not because of the inherent risk associated distribution and abundance of the likely to occur again in the future. invertebrates immediately before and for with oil and gas activities in proximity Nonnative Snail to the habitats of the three Diamond Y 1 year after the chemical treatment Spring species, and the severe (Echelle et al. 2001, p. 14). The results Another factor that may be impacting consequences to the species of any suggested that the Antimycin A had an the Diamond Y Spring species is the contamination, Texas regulations for oil immediate and dramatic negative effect presence of the nonnative red-rim and gas activities cannot remove or on Pecos amphipods; however, their melania, an invertebrate species native alleviate the threats associated with abundance returned to pretreatment to Africa and Asia that has been water contamination from an oil or gas levels within 7 months (Echelle et al. imported as an aquarium species and is spill. 2001, p. 23). Gonzales springsnail also now established in various locations showed a decline in abundance that across the southern and western Summary of Factor D persisted during the 1 year of portions of the United States (Benson Although there are regulatory monitoring following the treatment at 2012, p. 2). mechanisms in place, such as the both treated and untreated sites (Echelle The red-rim melania became existence of a local groundwater et al. 2001, pp. 23, 51). established in Diamond Y Spring in the conservation district and State There is no information available on mid 1990s (Echelle et al. 2001, p. 15; regulations of oil and gas operations, we the impacts of the initial rotenone McDermott 2000, p. 15). The exotic find that the mechanisms are not treatment, but we suspect that, like the snail is now the most abundant snail in serving to alleviate or limit the threats later Antimycin A treatment, there were the Diamond Y Spring system (Ladd to the Diamond Y Spring snail, Gonzales at least short-term effects on the 2010, p. 18). It only occurs in the first springsnail, or Pecos amphipod. We, individuals of the Diamond Y Spring 270 m (890 ft) of the upper watercourse therefore, conclude that these species. Both of these chemicals kill fish of the Diamond Y Spring system, and it mechanisms are inadequate to and other gill-breathing animals (like has not been detected in the lower sufficiently reduce the identified threats the three invertebrates) by inhibiting watercourse (Echelle et al. 2001, p. 26; to these species. their use of oxygen at the cellular level Ladd 2010, p. 22). (U.S. Army Corps of Engineers 2009, p. The mechanism and extent of E. Other Natural or Manmade Factors 2). Both chemicals are active for only a potential effects of this nonnative snail Affecting Their Continued Existence short time, degrade quickly in the on the native invertebrates have not (Diamond Y Spring Species) environment, and are not toxic beyond been studied directly. However, because We considered four other factors that the initial application. The long-term the snail occurs in relatively high may be affecting the continued effects of these impacts are uncertain, abundances, it is reasonable to presume existence of the Diamond Y Spring but the available information indicates that it is likely competing for space and species: nonnative fish management, that the Gonzales springsnail may have food resources in the limited habitats nonnative snail, other nonnative responded negatively over at least 1 within which they occur. Rader et al. species, and the small, reduced ranges year. This action was limited to the (2003, pp. 651–655) reviewed the of the three Diamond Y Spring species. upper watercourse populations, and the biology and possible impacts of red-rim effects were likely short-term in nature. melania and suggested that the species Nonnative Fish Management The use of fish toxicants represents had already displaced some native Another source of potential impacts to past stressors that are no longer directly springsnails in spring systems of the these species comes from the indirect affecting the species but may have some Bonneville Basin of Utah. In the upper

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watercourse where the red-rim melania Comanche Springs (where the snails competition could still be occurring. occurs, only the Gonzales springsnail once occurred and likely the Pecos These nonnative snails have likely been occurs there now in very low abundance amphipod did as well) and from Leon co-occurring for up to 20 years at one of in the area of overlap, and the Diamond Springs (if they historically occurred the two known locations for these Y Spring snail does not occur in this there). And within the Diamond Y species, and there is currently nothing reach any longer (Ladd 2010, p. 19). Spring system, their distribution has preventing the invasion of the species The potential impacts of the red-rim been reduced as flows from small into Euphrasia Spring by an incidental melania on the three aquatic springs and seeps have declined and human introduction or downstream invertebrate species in the Diamond Y reduced the amount of wetted areas in transport during a flood. Considering Spring system are largely unknown with the spring outflow. These species are the best available information, we the current available information, but now currently limited to two small conclude that the presence of the the nonnative snail is presumed to have spring outflow areas. nonnative snail and the potential future some negative consequences to the The geographically small range and introductions of nonnative species native snails through competition for only two proximate populations of these represent a low magnitude threat to the space and resources. The effects on the invertebrate species increases the risk of Diamond Y Spring snail, Gonzales Pecos amphipod is even less clear, but extinction from any effects associated springsnail, and Pecos amphipod. In competition could still be occurring. with other threats or stochastic events. addition, the effects of the small, The red-rim melania has been present in When species are limited to small, reduced ranges of these species limits the upper watercourse since the mid isolated habitats, they are more likely to the number of available populations and 1990s, and there is currently nothing become extinct due to a local event that increases the risk of extinction from preventing the invasion of the species negatively effects the populations other threats. In combination with the into Euphrasia Spring in the lower (Shepard 1993, pp. 354–357; McKinney past and future threats from habitat watercourse by an incidental human 1997, p. 497; Minckley and Unmack modification and loss, these factors introduction or downstream transport 2000, pp. 52–53). In addition, the contribute to the increased risk of during a flood. Considering the best species are restricted to aquatic habitats extinction to the three native species. available information, we conclude that in small spring systems and have the presence of this nonnative snail minimal mobility and no other habitats Proposed Determination—Diamond Y Spring Species represents a moderate threat to the available for colonization, so it is Diamond Y Spring snail, Gonzales unlikely their range will ever expand We have carefully assessed the best springsnail, and Pecos amphipod. beyond the current extent. This scientific and commercial information situation makes the severity of impact of available regarding the past, present, Other Nonnative Species any possible separate threat very high. and future threats to the Diamond Y A potential future threat to these In other words, the resulting effects of Spring snail, Gonzales springsnail, and species comes from the possible any of the threat factors under Pecos amphipod. We find the species introduction of additional nonnative consideration here, even if they are are in danger of extinction due to the species into their habitat. In general, relatively small on a temporal or current and ongoing modification and introduced species are a serious threat geographic scale, could result in destruction of their habitat and range to native aquatic species (Williams et al. complete extinction of the species. (Factor A) from the ongoing and future 1989, p. 18; Lodge et al. 2000, p. 7). The While the small, reduced range does not decline in spring flows, ongoing and threat is moderated by the limited represent an independent threat to these future modification of spring channels, public access to the habitat on The species, it does substantially increase and threats of future water Nature Conservancy’s preserve. the risk of extinction from the effects of contamination from oil and gas Unfortunately, the limited access did other threats, including those addressed activities. The most significant factor not prevent the introduction of the in this analysis, and those that could threatening these species is a result of nonnative sheepshead minnow on two occur in the future from unknown historic and future declines in regional separate occasions (Echelle et al. 2001, sources. groundwater levels that have caused the p. 4). In addition, invertebrates could be spring system to have reduced surface Summary of Factor E inadvertently moved by biologists aquatic habitat and threaten the conducting studies in multiple spring We considered four additional remaining habitat with the same fate. sites (Echelle et al. 2001, p. 26). stressors as other natural or manmade We did not find any significant threats While the introduction of any future factors that may be affecting these to the species under Factors B or C. We nonnative species could represent a species. The effects from management found that existing regulatory threat to the aquatic invertebrates, the actions to control nonnative fish species mechanisms that could provide likelihood of this happening is are considered low because they protection to the species through relatively low because it is only a future occurred in the past, with limited groundwater management by possibility. In addition the extent of the impact, and we do not expect them to groundwater conservation districts and impacts of any future nonnative species occur in the future. The potential Texas regulations of the oil and gas on the Diamond Y Spring snail, impacts of the nonnative snail red-rim activities (Factor D) are inadequate to Gonzales springsnail, and Pecos melania and any future introductions of protect the species from existing and amphipod are unknown at this time. other nonnative species on the Phantom future threats. Finally, the past Cave snail, Phantom springsnail, and management actions for nonnative Small, Reduced Range diminutive amphipod are largely fishes, the persistence of the nonnative One important factor that contributes unknown with the current available red-rim melania, and the future to the high risk of extinction for these information. But the nonnative snail is introductions of other nonnative species species is their naturally small range presumed to have some negative are other factors that have or could that has likely been reduced from past consequences to the native snails negatively affect the species (Factor E). destruction of their habitat. The overall through competition for space and The severity of the impact from the red- geographic range of the species may resources. The effects on the Pecos rim melania is not known, but it and have been reduced from the loss of amphipod are even less clear, but future introductions may contribute to

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the risk of extinction from the threats to snail, Gonzales springsnail, and Pecos recovery actions and describes the habitat by reducing the abundance of amphipod as endangered species in process to be used to develop a recovery the three aquatic invertebrates through accordance with sections 3(6) and plan. The recovery plan identifies site- competition for space and resources. 4(a)(1) of the Act. specific management actions that will The small, reduced ranges (Factor E) of Under the Act and our implementing achieve recovery of the species, these species, when coupled with the regulations, a species may warrant measurable criteria that determine when presence of additional threats, also put listing if it is threatened or endangered a species may be downlisted or delisted, them at a heightened risk of extinction. throughout all or a significant portion of and methods for monitoring recovery The elevated risk of extinction of the its range. The species proposed for progress. Recovery plans also establish Diamond Y Spring snail, Gonzales listing in this rule are highly restricted a framework for agencies to coordinate springsnail, and Pecos amphipod is a in their range, and the threats occur their recovery efforts and provide result of the cumulative nature of the throughout their ranges. Therefore, we estimates of the cost of implementing stressors on the species and their assessed the status of these species recovery tasks. Recovery teams habitats. For example, the past throughout their entire ranges. The (comprising species experts, Federal reduction in available habitat from threats to the survival of these species and State agencies, nongovernmental declining surface water in the Diamond occur throughout the species’ ranges organizations, and stakeholders) are Y Spring system results in lower and are not restricted to any particular often established to develop recovery numbers of individuals contributing to significant portion of their ranges. plans. When completed, the recovery the sizes of the populations. In addition, Accordingly, our assessments and outline, draft recovery plan, and the the loss of other spring systems that may proposed determinations apply to these final recovery plan will be available on have been inhabited by these species species throughout their entire ranges. our Web site (http://www.fws.gov/ reduced the number of populations that Available Conservation Measures endangered), or from our Austin would contribute to the species’ overall Ecological Services Field Office (see FOR viability. In this diminished state, the Conservation measures provided to FURTHER INFORMATION CONTACT). species are also facing future risks from species listed as endangered or Implementation of recovery actions the impacts of continuing declining threatened under the Act include generally requires the participation of a spring flows, exacerbated by potential recognition, recovery actions, broad range of partners, including other extended future droughts resulting from requirements for Federal protection, and Federal agencies, States, Tribes, global climate change, and potential prohibitions against certain practices. nongovernmental organizations, effects from nonnative species. All of Recognition through listing results in businesses, and private landowners. these factors contribute together to public awareness and conservation by Examples of recovery actions include heighten the risk of extinction and lead Federal, state, tribal, and local agencies, habitat restoration (e.g., restoration of to our finding that the Diamond Y private organizations, and individuals. native vegetation), research, captive Spring snail, Gonzales springsnail, and The Act encourages cooperation with propagation and reintroduction, and Pecos amphipod are in danger of the States and requires that recovery outreach and education. The recovery of extinction throughout all of their ranges actions be carried out for all listed many listed species cannot be and warrant listing as endangered species. The protection required by accomplished solely on Federal lands species. Federal agencies and the prohibitions because their range may occur primarily The Act defines an endangered against certain activities are discussed, or solely on non-Federal lands. To species as any species that is ‘‘in danger in part, below. achieve recovery of these species of extinction throughout all or a The primary purpose of the Act is the requires cooperative conservation efforts significant portion of its range’’ and a conservation of endangered and on private, State, and Tribal lands. threatened species as any species ‘‘that threatened species and the ecosystems If these species are listed, funding for is likely to become endangered upon which they depend. The ultimate recovery actions will be available from throughout all or a significant portion of goal of such conservation efforts is the a variety of sources, including Federal its range within the foreseeable future.’’ recovery of these listed species, so that budgets, State programs, and cost share We have carefully assessed the best they no longer need the protective grants for non-Federal landowners, the scientific and commercial information measures of the Act. Subsection 4(f) of academic community, and available regarding the past, present, the Act requires the Service to develop nongovernmental organizations. In and future threats to the species, and and implement recovery plans for the addition, pursuant to section 6 of the have determined that the Diamond Y conservation of endangered and Act, the State of Texas would be eligible Spring snail, Gonzales springsnail, and threatened species. The recovery for Federal funds to implement Pecos amphipod all meet the definition planning process involves the management actions that promote the of endangered under the Act. They do identification of actions that are protection and recovery of these species. not meet the definition of threatened necessary to halt or reverse the species’ Information on our grant programs that species, because significant threats are decline by addressing the threats to its are available to aid species recovery can occurring now and in the foreseeable survival and recovery. The goal of this be found at: future, at a high magnitude, and across process is to restore listed species to a http://www.fws.gov/grants. the species’ entire range, placing them point where they are secure, self- Although the six aquatic invertebrates on the brink of extinction at the present sustaining, and functioning components are only proposed for listing under the time. Because the threats are placing the of their ecosystems. Act at this time, please let us know if species on the brink of extinction now Recovery planning includes the you are interested in participating in and not only in the foreseeable future, development of a recovery outline recovery efforts for this species. we have determined that they meet the shortly after a species is listed, Additionally, we invite you to submit definition of endangered species rather preparation of a draft and final recovery any new information on this species than threatened species. Therefore, on plan, and revisions to the plan as whenever it becomes available and any the basis of the best available scientific significant new information becomes information you may have for recovery and commercial information, we available. The recovery outline guides planning purposes (see FOR FURTHER propose listing the Diamond Y Spring the immediate implementation of urgent INFORMATION CONTACT).

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Section 7(a) of the Act requires circumstances. Regulations governing not prudent when one or both of the Federal agencies to evaluate their permits are codified at 50 CFR 17.22 for following situations exist: (1) The actions with respect to any species that endangered species, and at 17.32 for species is threatened by taking or other is proposed or listed as endangered or threatened species. With regard to activity and the identification of critical threatened and with respect to its endangered wildlife, a permit must be habitat can be expected to increase the critical habitat, if any is designated. issued for the following purposes: for degree of threat to the species; or (2) the Regulations implementing this scientific purposes, to enhance the designation of critical habitat would not interagency cooperation provision of the propagation or survival of the species, be beneficial to the species. Act are codified at 50 CFR part 402. and for incidental take in connection There is no indication that the six Section 7(a)(4) of the Act requires with otherwise lawful activities. Federal agencies to confer with the It is our policy, as published in the species of west Texas invertebrates are Service on any action that is likely to Federal Register on July 1, 1994 (59 FR threatened by collection and there are jeopardize the continued existence of a 34272), to identify to the maximum no likely increases in the degree of species proposed for listing or result in extent practicable at the time a species threats to the species if critical habitat destruction or adverse modification of is listed, those activities that would or were designated. These species are not proposed critical habitat. If a species is would not constitute a violation of targets of collection and the areas listed subsequently, section 7(a)(2) of section 9 of the Act. The intent of this proposed for designation either have the Act requires Federal agencies to policy is to increase public awareness of restricted public access or are already ensure that activities they authorize, the effect of a proposed listing on readily open to the public (i.e., fund, or carry out are not likely to proposed and ongoing activities within Balmorhea State Park). None of the jeopardize the continued existence of the range of species proposed for listing. threats identified to the species are the species or destroy or adversely The following activities could associated with human access to the modify its critical habitat. If a Federal potentially result in a violation of sites, with the possible exception of the action may affect a listed species or its section 9 of the Act; this list is not potential for introducing nonnative critical habitat, the responsible Federal comprehensive: species at San Solomon Spring in agency must enter into formal (1) Unauthorized collecting, handling, Balmorhea State Park. This threat, or consultation with the Service. possessing, selling, delivering, carrying, any other identified threat, is not Federal agency actions within the or transporting of the species, including expected to increase as a result of species habitat that may require import or export across State lines and critical habitat designation because the conference or consultation or both as international boundaries, except for San Solomon Spring swimming pool is described in the preceding paragraph properly documented antique already heavily visited, the Balmorhea include management and any other specimens of these taxa at least 100 landscape altering activities on Federal State Park take proactive measures to years old, as defined by section 10(h)(1) prevent introduction of non-native lands administered by the U.S. Bureau of the Act; of Reclamation; issuance of section 404 species, and the designation of critical (2) Introduction into the habitat of the habitat will not change the situation. Clean Water Act permits by the Army six west Texas aquatic invertebrate Corps of Engineers; construction and species of nonnative species that In the absence of finding that the management of gas pipeline and power compete with or prey upon any of the designation of critical habitat would line rights-of-way by the Federal Energy six west Texas aquatic invertebrate increase threats to a species, if there are Regulatory Commission; and species; any benefits to a critical habitat construction and maintenance of roads (3) The unauthorized release of designation, then a prudent finding is or highways by the Federal Highway biological control agents that attack any warranted. The potential benefits of Administration. life stage of these species; critical habitat to the six west Texas The Act and its implementing (4) Unauthorized modification of the invertebrates include: (1) Triggering regulations set forth a series of general springs or spring outflows inhabited by consultation under section 7 of the Act, prohibitions and exceptions that apply the six west Texas aquatic invertebrates; in new areas for actions in which there to all endangered wildlife. The and may be a Federal nexus where it would prohibitions of section 9(a)(2) of the Act, (5) Unauthorized discharge of not otherwise occur, because, for codified at 50 CFR 17.21 for endangered chemicals or fill material into any example, Federal agencies were not wildlife, in part, make it illegal for any waters in which these species are aware of the potential impacts of an person subject to the jurisdiction of the known to occur. action on the species; (2) focusing United States to take (includes harass, Questions regarding whether specific conservation activities on the most harm, pursue, hunt, shoot, wound, kill, activities would constitute a violation of trap, capture, or collect; or to attempt essential features and areas; (3) section 9 of the Act should be directed any of these), import, export, ship in providing educational benefits to State to the Austin Ecological Services Office interstate commerce in the course of or county governments or private (see FOR FURTHER INFORMATION CONTACT). commercial activity, or sell or offer for entities; and (4) preventing people from sale in interstate or foreign commerce Critical Habitat causing inadvertent harm to the species. any listed species. Under the Lacey Act Therefore, because we have determined Prudency Determination (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), that the designation of critical habitat it is also illegal to possess, sell, deliver, Section 4 of the Act, as amended, and will not likely increase the degree of carry, transport, or ship any such implementing regulations (50 CFR threat to any of the six species and may wildlife that has been taken illegally. 424.12), require that, to the maximum provide some measure of benefit, we Certain exceptions apply to agents of the extent prudent and determinable, the find that designation of critical habitat Service and State conservation agencies. Secretary designate critical habitat at the is prudent for the Phantom Cave snail, We may issue permits to carry out time the species is determined to be Phantom springsnail, diminutive otherwise prohibited activities endangered or threatened. Our amphipod, Diamond Y Spring snail, involving endangered and threatened regulations at 50 CFR 424.12(a)(1) state Gonzales springsnail, and Pecos wildlife species under certain that the designation of critical habitat is amphipod.

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Background modification finding, the obligation of 5658)), and our associated Information It is our intent to discuss below only the Federal action agency and the Quality Guidelines, provide criteria, those topics directly relevant to the landowner is not to restore or recover establish procedures, and provide designation of critical habitat for six the species, but to implement guidance to ensure that our decisions aquatic invertebrates in this section of reasonable and prudent alternatives to are based on the best scientific data the proposed rules. avoid destruction or adverse available. They require our biologists, to Critical habitat is defined in section 3 modification of critical habitat. the extent consistent with the Act and Under the first prong of the Act’s of the Act as: with the use of the best scientific data definition of critical habitat, areas (1) The specific areas within the available, to use primary and original within the geographic area occupied by geographical area occupied by the sources of information as the basis for the species at the time it was listed are species, at the time it is listed in recommendations to designate critical included in a critical habitat designation accordance with the Act, on which are habitat. if they contain physical or biological When we are determining which areas found those physical or biological features (1) which are essential to the should be designated as critical habitat, features; conservation of the species and (2) our primary source of information is (a) Essential to the conservation of the which may require special management generally the information developed species; and considerations or protection. For these during the listing process for the (b) Which may require special areas, critical habitat designations species. Additional information sources management considerations or identify, to the extent known using the may include the recovery plan for the protection; and best scientific and commercial data species, articles in peer-reviewed (2) Specific areas outside the available, those physical or biological journals, conservation plans developed geographical area occupied by the features that are essential to the by States and counties, scientific status species at the time it is listed, upon a conservation of the species (such as surveys and studies, biological determination that such areas are space, food, cover, and protected assessments, other unpublished essential for the conservation of the habitat). In identifying those physical materials, or experts’ opinions or species. and biological features within an area, personal knowledge. Conservation, as defined under we focus on the principal biological or Habitat is dynamic, and species may section 3 of the Act, means to use and physical constituent elements (primary move from one area to another over the use of all methods and procedures constituent elements such as roost sites, time. We recognize that critical habitat that are necessary to bring an nesting grounds, seasonal wetlands, designated at a particular point in time endangered or threatened species to the water quality, tide, soil type) that are may not include all of the habitat areas point at which the measures provided essential to the conservation of the that we may later determine are pursuant to the Act are no longer species. Primary constituent elements necessary for the recovery of the necessary. Such methods and are the elements of physical or species. For these reasons, a critical procedures include, but are not limited biological features that, when laid out in habitat designation does not signal that to, all activities associated with the appropriate quantity and spatial habitat outside the designated area is scientific resources management such as arrangement to provide for a species’ unimportant or may not be needed for research, census, law enforcement, life-history processes, are essential to recovery of the species. Areas that are habitat acquisition and maintenance, the conservation of the species. important to the conservation of the propagation, live trapping, and Under the second prong of the Act’s species, both inside and outside the transplantation, and, in the definition of critical habitat, we can critical habitat designation, will extraordinary case where population designate critical habitat in areas continue to be subject to: (1) pressures within a given ecosystem outside the geographic area occupied by Conservation actions implemented cannot be otherwise relieved, may the species at the time it is listed, upon under section 7(a)(1) of the Act, (2) include regulated taking. a determination that such areas are regulatory protections afforded by the Critical habitat receives protection essential for the conservation of the requirement in section 7(a)(2) of the Act under section 7 of the Act through the species. For example, an area currently for Federal agencies to ensure their requirement that Federal agencies occupied by the species but that was not actions are not likely to jeopardize the ensure, in consultation with the Service, occupied at the time of listing may be continued existence of any endangered that any action they authorize, fund, or essential to the conservation of the or threatened species, and (3) the carry out is not likely to result in the species and may be included in the prohibitions of section 9 of the Act if destruction or adverse modification of critical habitat designation. We actions occurring in these areas may critical habitat. The designation of designate critical habitat in areas affect the species. Federally funded or critical habitat does not affect land outside the geographic area occupied by permitted projects affecting listed ownership or establish a refuge, a species only when a designation species outside their designated critical wilderness, reserve, preserve, or other limited to its range would be inadequate habitat areas may still result in jeopardy conservation area. Such designation to ensure the conservation of the findings in some cases. These does not allow the government or public species. protections and conservation tools will to access private lands. Such Section 4 of the Act requires that we continue to contribute to recovery of designation does not require designate critical habitat on the basis of this species. Similarly, critical habitat implementation of restoration, recovery, the best scientific data available. designations made on the basis of the or enhancement measures by non- Further, our Policy on Information best available information at the time of Federal landowners. Where a landowner Standards Under the Endangered designation will not control the requests Federal agency funding or Species Act (published in the Federal direction and substance of future authorization for an action that may Register on July 1, 1994 (59 FR 34271)), recovery plans, habitat conservation affect a listed species or critical habitat, the Information Quality Act (section 515 plans, or other species conservation the consultation requirements of section of the Treasury and General planning efforts if new information 7(a)(2) of the Act would apply, but even Government Appropriations Act for available at the time of these planning in the event of a destruction or adverse Fiscal Year 2001 (Pub. L. 106–554; H.R. efforts calls for a different outcome.

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Physical or Biological Features Thome 2006, pp. 12–15; Lysne et al. outflow margins rather than in central In accordance with section 3(5)(A)(i) 2007, p. 650). Dissolved salts such as channels. Water depths where the and 4(b)(1)(A) of the Act and regulations calcium carbonate may also be species occur are generally very at 50 CFR 424.12, in determining which important factors because they are shallow, usually less than 1 m (3 ft) areas within the geographic area essential for shell formation for the deep. An exception to this is the bottom occupied by the species at the time of snails (Pennak 1989, p. 552). Salinity of the San Solomon Spring pool where, listing to designate as critical habitat, levels are also relevant, particularly at because of the construction of the Diamond Y Spring because elevated swimming pool, water depths are much we consider the physical or biological salinity levels (3 to 6 parts per thousand greater, exceeding 5 m (15 ft). In San features that are essential to the (Hubbs 2001, p. 314) of dissolved salts) Solomon, Giffin, and Phantom Lake conservation of the species and which may prevent other more freshwater- Springs, the habitats for the species are may require special management adapted species from competing with limited to the spring outflow channels considerations or protection. These the native species adapted to higher because past alteration of the system include, but are not limited to: salinity levels. (building of ditches) has eliminated any (1) Space for individual and The six invertebrates inhabit springs small spring openings. However, at population growth and for normal and spring-fed aquatic habitats with low Diamond Y Spring (and to a limited behavior; variability in water temperatures. For extent, East Sandia Spring) the spring (2) Food, water, air, light, minerals, or example, Hubbs (2001, pp. 311–312, outflows have not been severely other nutritional or physiological 314–315) reported that the spring modified so that small springs, seeps, requirements; outflow temperatures had very low and marshes still provide diffuse (3) Cover or shelter; variability with average readings of 20 shallow flowing water habitat associated (4) Sites for breeding, reproduction, or degrees Celsius (°C) (68 degrees with emergent bulrush and saltgrass rearing (or development) of offspring; Fahrenheit (°F)) at Diamond Y Spring (Taylor 1987, p. 38; Echelle et al. 2001, and and 19°C (66 °F) at East Sandia Spring p. 5). While these areas are more (5) Habitats that are protected from with a range between 11 and 25 °C (52 difficult to map, measure, and survey, disturbance or are representative of the to 77 °F). Spring measurements from these small springs and seeps are historical, geographic, and ecological 2001 to 2003 at the four springs in the important habitat for the three distributions of a species. San Solomon Spring complex found invertebrate species at Diamond Y We derive the specific physical or water temperatures ranging from 17 to Spring as long as they provide flowing biological features required for the 27 °C (63 to 81 °F) (Texas Water water. Phantom Cave snail, Phantom Development Board 2005, p. 38). Therefore, based on the information springsnail, Diamond Y Spring snail, Proximity to spring vents, where water above, we identify permanent, flowing, Gonzales springsnail, diminutive emerges from the ground, plays a key unpolluted water (free from amphipod, and Pecos amphipod from role in the life history of the six west contamination) within natural studies of the species’ habitat, ecology, Texas aquatic invertebrates. For temperature variations, emerging from and life history as described below. We example, many springsnail species the ground and flowing on the surface, have determined that the following exhibit decreased abundance farther to be a physical or biological feature physical or biological features are away from spring vents, presumably due necessary for these species. essential for the Phantom Cave snail, to their need for stable water chemistry Food, Water, Air, Light, Minerals, or Phantom springsnail, Diamond Y Spring (Hershler 1994, p. 68; Hershler 1998, p. Other Nutritional or Physiological snail, Gonzales springsnail, diminutive 11; Hershler and Sada 2002, p. 256; Requirements amphipod, and Pecos amphipod. Martinez and Thome 2006, p. 14). Invertebrates in small spring Space for Individual and Population The six west Texas aquatic ecosystems depend on food from two Growth and for Normal Behavior invertebrates are sensitive to water contamination. Hydrobiid snails as a sources: that which grows in or on the The aquatic environment associated group are considered sensitive to water substrate (aquatic and attached plants with spring outflow channels and quality changes, and each species is and algae) and that which falls or is marshes provide the habitat for usually found within relatively narrow blown into the system (primarily Phantom Cave snail, Phantom habitat parameters (Sada 2008, p. 59). leaves). Water is also the medium springsnail, Diamond Y Spring snail, Taylor (1985, p. 15) suggested that an necessary to provide the algae, detritus Gonzales springsnail, diminutive unidentified groundwater pollutant may (dead or partially decayed plant amphipod, and Pecos amphipod growth have been responsible for reductions in materials or animals), bacteria, and and normal behavior. The areas must abundance of Diamond Y Spring snail submergent vegetation on which all six contain permanent flowing water to in the headspring and outflow of species depend as a food resource. provide for the biological needs of the Diamond Y Spring, although no follow- Abundant sunlight is necessary to species. Each of the species completes up studies have been conducted to promote the growth of algae upon which all of their life-history functions in the investigate the presumption. all six west Texas aquatic invertebrates water and cannot exist for any time Additionally, amphipods generally do feed. outside of the aquatic environment. not tolerate habitat desiccation (drying), All four snails are presumably fine- Several habitat parameters of springs, standing water, sedimentation, or other particle feeders on detritus (organic such as temperature, dissolved carbon adverse environmental conditions; they material from decomposing organisms) dioxide, dissolved oxygen, conductivity, are considered very sensitive to habitat and periphyton (mixture of algae and substrate type, and water depth have degradation (Covich and Thorpe 1991, other microbes attached to submerged been shown to influence the pp. 676–677). surfaces) associated with the substrates distribution and abundance of other All six species are most commonly (mud, rocks, and vegetation) (Allan related species of springsnails (O’Brien found in flowing water, presumably 1995, p. 83; Hershler and Sada 2002, p. and Blinn 1999, pp. 231–232; Mladenka where dissolved oxygen levels are 256; Lysne et al. 2007, p. 649). Dundee and Minshall 2001, pp. 209–211; higher. The species are often found in and Dundee (1969, p. 207) found Malcom et al. 2005, p. 75; Martinez and moderate flowing water along the spring diatoms (a group of single-celled algae)

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to be the primary component in the Therefore, based on the information Primary Constituent Elements digestive tract of the Phantom Cave above, we identify substrates that Under the Act and its implementing snail and Phantom springsnail, include cobble, gravel, pebble, sand, regulations, we are required to identify indicating diatoms are a primary food silt, and aquatic vegetation, for the physical or biological features source. Spring ecosystems occupied by breeding, egg laying, maturing, feeding, essential to the conservation of the these snail species must support the and escape from predators to be a Phantom Cave snail, Phantom periphyton upon which springsnails physical or biological feature for these springsnail, Diamond Y Spring snail, graze. Additionally, submergent species. Gonzales springsnail, diminutive vegetation contributes the necessary amphipod, and Pecos amphipod in nutrients, detritus, and bacteria on Habitats Protected From Disturbance or Representative of the Historical, areas occupied at the time of listing, which these species forage. focusing on the features’ primary Amphipods are omnivorous, feeding Geographic, and Ecological Distributions of the Species constituent elements. We consider on algae, submergent vegetation, and primary constituent elements to be the decaying organic matter (Smith 2001, p. The Phantom Cave snail, Phantom elements of physical or biological 572). Both species of amphipod are springsnail, Diamond Y Spring snail, features that provide for a species’ life- often found in beds of submerged Gonzales springsnail, diminutive history processes and are essential to aquatic plants (Cole 1976, p. 80), amphipod, and Pecos amphipod have a the conservation of the species. indicating that they probably feed on a very restricted geographic distribution. Based on our current knowledge of surface film of algae, diatoms, bacteria, Endemic species whose populations the physical or biological features and and fungi (Smith 2001, p. 572). Young exhibit a high degree of isolation are habitat characteristics required to amphipods depend on microbial foods, extremely susceptible to extinction from sustain the species’ life-history such as algae and bacteria, associated both random and nonrandom processes, we determine that the with aquatic plants (Covich and Thorp catastrophic natural or human-caused primary constituent elements specific to 1991, p. 677). events. Therefore, it is essential to the Phantom Cave snail, Phantom Therefore, based on the information maintain the spring systems in which springsnail, diminutive amphipod, above, we identify the presence of they are currently found and upon Diamond Y Spring snail, Gonzales abundant food, consisting of algae, which these species depend. Adequate springsnail, and Pecos amphipod are bacteria, decaying organic material, and spring sites, free of inappropriate springs and spring-fed aquatic systems submergent vegetation that contributes disturbance, must exist to promote that contain: the necessary nutrients, detritus, and population expansion and viability. a. Permanent, flowing, unpolluted bacteria on which these species forage This means protection from disturbance water (free from contamination) to be a physical or biological feature for caused by water depletion, water emerging from the ground and flowing these species. contamination, springhead alteration, or on the surface; nonnative species. These species must, b. Water temperatures that vary Sites for Cover or Shelter and for ° ° Breeding, Reproduction, or Rearing (or at a minimum, sustain their current between 11 and 27 C (52 to 81 F) with Development) of Offspring distributions if ecological representation natural seasonal and diurnal variations of these species is to be ensured. slightly above and below that range; The six west Texas aquatic c. Substrates that include cobble, invertebrates occur across a wide range As discussed above (see Factor E: gravel, pebble, sand, silt, and aquatic of substrate types. The Phantom Cave Other Natural or Manmade Factors vegetation, for breeding, egg laying, snail is most commonly attached to hard Affecting Its Continued Existence), maturing, feeding, and escape from surfaces, especially large algae-covered introduced species are a moderate threat predators; rocks, submerged vegetation, or even to native aquatic species (Williams et al. d. Abundant food, consisting of algae, concrete walls of the irrigation ditches, 1989, p. 18; Lodge et al. 2000, p. 7), bacteria, decaying organic material, and and found in areas of higher water including the six west Texas aquatic submergent vegetation that contributes velocities (Bradstreet 2011, pp. 73, 91). invertebrates. The red-rim melania the necessary nutrients, detritus, and The other springsnails may also be already competes with all six species bacteria on which these species forage; attached to hard surfaces but will also where they occur, and the quilted and often be found in the softer substrate at melania has been introduced into e. Either an absence of nonnative the margins of the stream flows. habitats occupied by the San Solomon predators and competitors or nonnative Suitable substrates for egg laying by the Spring species. Feral hogs cause local predators and competitors at low snails are typically firm, characterized spring channel destruction within the population levels. by cobble, gravel, sand, woody debris, Diamond Y Spring system. Because the With this proposed designation of and aquatic vegetation. These substrates distribution of the Phantom Cave snail, critical habitat, we intend to identify the increase productivity by providing Phantom springsnail, Diamond Y Spring physical or biological features essential suitable egg-laying sites for the snails. snail, Gonzales springsnail, diminutive to the conservation of the species, The amphipods, in the absence of amphipod, and Pecos amphipod is so through the identification of the predatory fishes, will swim over any limited, and their habitat so restricted, appropriate quantity and spatial open substrate on the channel bottom, introduction of additional nonnative arrangement of the primary constituent but in circumstances where fishes are species into their habitat could be elements sufficient to support the life- abundant they may be found in greater devastating. history processes of the species. All abundance underneath large rocks, Therefore, based on the information units and subunits proposed to be embedded in gravels, or associated with above, we identify either an absence of designated as critical habitat are submerged vegetation. Amphipods do nonnative predators and competitors or currently occupied by the Phantom not lay eggs upon a surface; instead, the nonnative predators and competitors at Cave snail, Phantom springsnail, eggs are held within a marsupium low population levels to be a physical Diamond Y Spring snail, Gonzales (brood pouch) within the female’s or biological feature necessary for these springsnail, diminutive amphipod, and exoskeleton. species. Pecos amphipod and contain the

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primary constituent elements in the the geographic area occupied by the competitors (see discussion on Physical appropriate quantity and spatial species because none of the historically or Biological Features). arrangement sufficient to support the occupied areas (or those that may have Areas Unoccupied at the Time of Listing life history needs of the species. been occupied) were found to be essential for the conservation of the To determine if the sites that may Special Management Considerations or have been historically occupied by the Protection species (see discussion below). We relied on information from Phantom Cave snail, Phantom When designating critical habitat, we knowledgeable biologists and springsnail, Diamond Y Spring snail, assess whether the specific areas within recommendations contained in state Gonzales springsnail, diminutive the geographic area occupied by the wildlife resource reports (Dundee and amphipod, and Pecos amphipod are species at the time of listing contain Dundee 1969, entire; Cole and Bousfield essential for their conservation, we features that are essential to the 1970, entire; Cole 1976, entire; Cole considered: (1) The importance of the conservation of the species and which 1985, entire; Taylor 1985, entire; Henry site to the overall status of the species may require special management 1992, entire; Bowles and Arsuffi 1993, to prevent extinction and contribute to considerations or protection. The entire; Seidel et al. 2009, entire; future recovery of each species; (2) features essential to the conservation of Hershler et al. 2010, entire; Ladd 2010, whether the area could be restored to the Phantom Cave snail, Phantom entire; Allan 2011, entire; Bradstreet contain the necessary physical and springsnail, Diamond Y Spring snail, 2011, entire; Hershler 2011, p. 1) in biological features to support the species; and (3) whether a population of Gonzales springsnail, diminutive making this determination. We also amphipod, and Pecos amphipod may the species could be reestablished at the reviewed the available literature require special management site. pertaining to habitat requirements, considerations or protection to reduce The Phantom Cave snail, Phantom historic localities, and current localities threats, such as reducing or eliminating springsnail, and diminutive amphipod for these species. This includes regional water in suitable or occupied habitat occur in the San Solomon Spring geographic information system (GIS) through drought or groundwater system, which includes San Solomon coverages. pumping; introducing pollutants to Spring, Giffin Spring, East Sandia levels unsuitable for the species; and Areas Occupied at the Time of Listing Spring, and Phantom Spring. These introducing nonnative species into the species may have occurred in other For the purpose of designating critical inhabited spring systems such that springs within the system, including suitable habitat is reduced or habitat for the Phantom Cave snail, Saragosa, Toyah, and West Sandia eliminated. Special management Phantom springsnail, Diamond Y Spring Springs. These springs now lack water considerations or protection are snail, Gonzales springsnail, diminutive flow and the physical or biological required within critical habitat areas to amphipod, and Pecos amphipod, we features necessary to support the San address these threats (See Summary of defined the occupied area based on the Solomon Spring system invertebrates— Factors Affecting the Species). most recent surveys available, which mainly the lack of flowing water. We do Management activities that could includes the Diamond Y and San not foresee these features being ameliorate these threats include Solomon Spring systems. We then restorable to the point where management of groundwater levels to evaluated whether these areas contain populations of the Phantom Cave snail, ensure the springs remain flowing (all the primary constituent elements for the Phantom springsnail, and diminutive spring sites), managing oil and gas species and whether they require amphipod could be reestablished. These activities to eliminate the threat of special management. Next we springs are not restorable because we do groundwater or surface water considered areas historically occupied, not foresee an opportunity for contamination (Diamond Y Spring), but not currently occupied. While the groundwater levels to rise sufficiently in maintaining the pump within Phantom west Texas aquatic invertebrates may the future to restore permanent spring Lake Spring to ensure consistent flow, have inhabited other springs in the area flows because the supporting aquifers managing existing nonnative species, (such as Saragosa and Toyah Springs, are of ancient origin and do not receive red-rim melania, quilted melania, and for the San Solomon Spring species, and substantial modern recharge. Therefore, feral hogs (San Solomon, Giffin, Leon and Comanche Springs for the even if current pumping activities were Phantom Lake, and Diamond Y Diamond Y Spring species), we only to be managed for the benefit of spring Springs), and preventing the have confirmation that the Diamond Y flows, it is doubtful that aquifer levels introduction of additional nonnative Spring snail and Gonzales springsnail would rise sufficiently to provide species (all spring sites). occurred in Comanche Spring at some restoration of permanent aquatic habitat point in the past. We evaluated these at these sites. For these reasons, we are Criteria Used To Identify Critical areas to determine whether they were not proposing Saragosa Spring, Toyah Habitat essential for the conservation of the Spring, or West Sandia Spring or any As required by section 4(b)(2) of the species. other unoccupied areas as critical Act, we use the best scientific data To determine if currently occupied habitat for the San Solomon Spring available to designate critical habitat. areas contain the primary constituent system invertebrates. We review available information elements, we assessed the life-history The Diamond Y Spring snail, pertaining to the habitat requirements of components of the species as they relate Gonzales springsnail, and Pecos the species. In accordance with the Act to habitat. All of the west Texas aquatic amphipod occur in the Diamond Y and its implementing regulation at 50 invertebrate species require unpolluted Spring system. The Diamond Y Spring CFR 424.12(e), we consider whether spring water in the springheads and snail and Gonzales springsnail designating additional areas—outside spring outflows; periphyton and historically occurred at Comanche those currently occupied as well as decaying organic material for food; a Spring, and the Pecos amphipod may those occupied at the time of listing— combination of soft and hard substrates have occurred there as well. All three are necessary to ensure the conservation for maturation, feeding, egg laying by species may have occurred at Leon of the species. We are not currently snails, and escape from predators; and Spring. Both Comanche Spring and proposing to designate any areas outside absence of nonnative predators and Leon Spring, which have aquifer

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sources that may be different or more When determining proposed critical or biological features being present to localized than that of Diamond Y habitat boundaries, we made every support the Phantom Cave snail, Spring, are dry or nearly so and have effort to avoid including developed Phantom springsnail, Diamond Y Spring been altered to such a degree that they areas such as lands covered by snail, Gonzales springsnail, diminutive no longer contain the physical or buildings, pavement, and other amphipod, and Pecos amphipod life- biological features necessary to support structures because such lands lack history processes. Some units contain the Diamond Y Spring invertebrates— physical or biological features for the all of the identified elements of physical mainly the lack of flowing water. species. The scale of the maps we or biological features and supported Natural flow conditions from these prepared under the parameters for multiple life-history processes. Some springs do not appear to be restorable to publication within the Code of Federal segments contained only some elements the point where populations of the Regulations may not reflect the of the physical or biological features Diamond Y Spring snail, Gonzales exclusion of such developed lands necessary to support the Phantom Cave springsnail, and Pecos amphipod could within Balmorhea State Park at San snail, Phantom springsnail, Diamond Y be reestablished. For these reasons, we Solomon Spring. Any such lands left Spring snail, Gonzales springsnail, are not proposing Leon Spring or inside critical habitat boundaries shown diminutive amphipod, and Pecos Comanche Spring as critical habitat for on the maps of these proposed rules amphipod particular use of that habitat. the Diamond Y Spring invertebrates. (such as the asphalt and concrete-paved dry surfaces in Balmorhea State Park) Proposed Critical Habitat Designation Mapping have been excluded by text in these For the areas we are proposing as proposed rules and are not proposed for We are proposing four areas as critical critical habitat, we plotted the known designation as critical habitat. habitat for the Phantom Cave snail, occurrences of the Phantom Cave snail, Therefore, if the critical habitat is Phantom springsnail, and diminutive Phantom springsnail, Diamond Y Spring finalized as proposed, a Federal action amphipod. We are proposing one area as snail, Gonzales springsnail, diminutive involving these lands would not trigger critical habitat for the Diamond Y amphipod, and Pecos amphipod in section 7 consultation with respect to Spring snail, Gonzales springsnail, and springheads and spring outflows on critical habitat and the requirement of Pecos amphipod. The critical habitat 2010 aerial photography from U.S. no adverse modification unless the areas we describe below constitute our Department of Agriculture, National specific action would affect the physical current best assessment of areas that Agriculture Imagery Program base maps or biological features in the adjacent meet the definition of critical habitat for using ArcMap (Environmental Systems critical habitat. the species. The five areas we propose Research Institute, Inc.), a computer as critical habitat are: (1) San Solomon geographic information system (GIS) Summary Spring, (2) Giffin Spring, (3) East Sandia program. We drew the boundaries We are proposing for designation of Spring, (4) Phantom Lake Spring, and around the water features that make up critical habitat lands that we have (5) the Diamond Y Spring System. the critical habitat in each area. Other determined are occupied at the time of Phantom Cave snail, Phantom than at San Solomon Spring, there are listing and contain sufficient elements springsnail, and diminutive amphipod no known developed areas such as of physical or biological features to all occur in the first 4 units and they are buildings, paved areas, and other support life-history processes essential listed in Table 1. Diamond Y Spring structures that lack the biological for the conservation of the species. snail, Gonzales springsnail, and Pecos features for the springsnail within the Units were proposed for designation amphipod occur in the Diamond Y proposed critical habitat areas. based on sufficient elements of physical Spring Unit and it is listed in Table 2.

TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR PHANTOM CAVE SNAIL, PHANTOM SPRINGSNAIL, AND DIMINUTIVE AMPHIPOD [Area estimates reflect all land within critical habitat unit boundaries]

Size of unit in Critical habitat unit Land ownership by type hectares (acres)

San Solomon Spring ...... State—Texas Parks and Wildlife Department ...... 1.8 (4.4) Giffin Spring ...... Private ...... 0.7 (1.7) East Sandia Spring ...... Private—The Nature Conservancy ...... 1.2 (3.0) Phantom Lake Spring ...... Federal—Bureau of Reclamation ...... 0.02 (0.05)

Total ...... 3.7 (9.2) Note: Area sizes may not sum due to rounding.

TABLE 2—PROPOSED CRITICAL HABITAT UNIT FOR DIAMOND Y SPRING SNAIL, GONZALES SPRINGSNAIL, AND PECOS AMPHIPOD [Area estimate reflects all land within critical habitat unit boundaries]

Size of unit in Critical habitat unit Land ownership by type hectares (acres)

Diamond Y Spring System ...... Private—The Nature Conservancy ...... 178.6 (441.4)

Total ...... 178.6 (441.4)

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We present brief descriptions of all minimize impacts resulting from these occupied by the Diamond Y Spring units, and reasons why they meet the threats. snail, Gonzales springsnail, and Pecos definition of critical habitat below. amphipod and contains all of the East Sandia Spring Unit features essential to the conservation of San Solomon Spring Unit East Sandia Spring consists of 1.2 ha these species. Diamond Y Spring and The San Solomon Spring Unit (3.0 ac) that is currently occupied by the surrounding lands are owned and consists of 1.8 ha (4.4 ac) that is Phantom Cave snail, Phantom managed by The Nature Conservancy. currently occupied by the Phantom springsnail, and diminutive amphipod The proposed designation includes the Cave snail, Phantom springsnail, and and contains all of the features essential Diamond Y Spring and approximately diminutive amphipod and contains all to the conservation of these species. 6.8 km (4.2 mi) of its outflow, including of the features essential to the This unit is included within a preserve both upper and lower watercourses, conservation of these species. It is owned and managed by The Nature ending at approximately 0.8 km (0.5 mi) located in Reeves County, near Conservancy (Karges 2003, p. 145) in downstream of the State Highway 18 Balmorhea, Texas. San Solomon Spring Reeves County just east of Balmorhea, bridge crossing. Also included in this provides the water for the large Texas. The proposed designation proposed unit is approximately 0.8 km swimming pool at Balmorhea State Park, includes the springhead itself and (0.5 mi) of Leon Creek upstream of the which is owned and managed by Texas surrounding seeps and outflows. The confluence with Diamond Y Draw. The Parks and Wildlife Department. The unit contains all of the identified boundaries of this unit extend out physical and biological features. Habitat proposed designation includes all laterally beyond the mapped spring in this unit is threatened by declining springs, seeps, and outflows of San outflow channels to incorporate any and spring flows due to drought or Solomon Spring, including the part of all small springs and seeps that may not groundwater withdrawals, the the concrete-lined pool that has a be mapped or surveyed but are expected introduction of nonnative species, and natural substrate bottom and irrigation to contain the species and the necessary modification of spring outflow ditch, and two constructed cie´negas. physical or biological features. The unit channels. Therefore, the primary While the ditches do not provide all of contains all of the identified physical constituent elements in this unit may the physical or biological features (such and biological features. Habitat in this require special management as submerged vegetation), there are unit is threatened by declining spring considerations or protection to sufficient features (including natural flows due to drought or groundwater minimize impacts resulting from these substrates on the ditch bottoms) to withdrawals, subsurface drilling and threats. provide for the life-history processes of other oil and gas activities that could the species. Habitat in this unit is Phantom Lake Spring Unit contaminate surface drainage or aquifer threatened by future declining spring Phantom Lake Spring consists of a water, the presence of nonnative snails flows due to drought or groundwater small pool about 0.02 ha (0.05 ac) in and feral hogs, the introduction of other withdrawals, the presence of nonnative size that is currently occupied by the nonnative species, and modification of snails, and the introduction of other Phantom Cave snail, Phantom spring outflow channels. Therefore, the nonnative species. Therefore, the springsnail, and diminutive amphipod primary constituent elements in this primary constituent elements in this and contains the features essential to the unit may require special management unit may require special management conservation of these species. Phantom considerations or protection to considerations or protection to Lake Spring is owned by the U.S. minimize impacts resulting from these minimize impacts resulting from these Bureau of Reclamation about 6 km (4 threats. threats. mi) west of Balmorhea State Park in Jeff Effects of Critical Habitat Designation Giffin Spring Unit Davis County, Texas. The proposed designation includes only the Section 7 Consultation Giffin Spring Unit consists of 0.7 ha springhead pool. The physical or Section 7(a)(2) of the Act requires (1.7 ac) that is currently occupied by the biological features of the habitat at Federal agencies, including the Service, Phantom Cave snail, Phantom Phantom Lake Spring have been to ensure that any action they fund, springsnail, and diminutive amphipod maintained since 2000 by a pumping authorize, or carry out is not likely to and contains all of the features essential system and subsequent reconstruction jeopardize the continued existence of to the conservation of these species. It of the spring pool. Although artificially any endangered species or threatened is located on private property in Reeves maintained, the site continues to species or result in the destruction or County, near Balmorhea, Texas, and its provide sufficient physical or biological adverse modification of designated waters are captured in irrigation earthen features to provide for all the life-history critical habitat of such species. In channels for agricultural use. The processes of the three invertebrate addition, section 7(a)(4) of the Act proposed designation includes all species. Habitat in this unit is requires Federal agencies to confer with springs, seeps, sinkholes, and outflows threatened by future declining spring the Service on any agency action that is of Giffin Spring. The unit contains most flows due to drought or groundwater likely to jeopardize the continued all of the identified physical and withdrawals, the presence of nonnative existence of any species proposed to be biological features. Habitat in this unit snails, and the introduction of other listed under the Act or result in the is threatened by declining spring flows nonnative species. Therefore, the destruction or adverse modification of due to drought or groundwater primary constituent elements in this proposed critical habitat. withdrawals, the presence of nonnative unit may require special management Decisions by the 5th and 9th Circuit snails, the introduction of other considerations or protection to Courts of Appeals have invalidated our nonnative species, and further minimize impacts resulting from these regulatory definition of ‘‘destruction or modification of spring outflow threats. adverse modification’’ (50 CFR 402.02) channels. Therefore, the primary (see Gifford Pinchot Task Force v. U.S. constituent elements in this unit may Diamond Y Spring Unit Fish and Wildlife Service, 378 F. 3d require special management Diamond Y Spring Unit consists of 1059 (9th Cir. 2004) and Sierra Club v. considerations or protection to 178.6 ha (441.4 ac) that is currently U.S. Fish and Wildlife Service et al., 245

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F.3d 434, 442 (5th Cir. 2001)), and we (3) Are economically and Cave snail, Phantom springsnail, do not rely on this regulatory definition technologically feasible, and Diamond Y Spring snail, Gonzales when analyzing whether an action is (4) Would, in the Director’s opinion, springsnail, diminutive amphipod, and likely to destroy or adversely modify avoid the likelihood of jeopardizing the Pecos amphipod. These activities critical habitat. Under the statutory continued existence of the listed species include, but are not limited to: provisions of the Act, we determine and/or avoid the likelihood of (1) Actions that would reduce the destruction or adverse modification on destroying or adversely modifying quantity of water flow within the spring the basis of whether, with critical habitat. systems proposed as critical habitat. implementation of the proposed Federal Reasonable and prudent alternatives (2) Actions that would contaminate or action, the affected critical habitat can vary from slight project cause significant degradation of water would continue to serve its intended modifications to extensive redesign or quality within the spring systems conservation role for the species. relocation of the project. Costs proposed as critical habitat, including If a Federal action may affect a listed associated with implementing a surface drainage water or aquifer water species or its critical habitat, the reasonable and prudent alternative are quality. responsible Federal agency (action similarly variable. (3) Actions that would modify the agency) must enter into consultation Regulations at 50 CFR 402.16 require springheads or outflow channels within with us. Examples of actions that are Federal agencies to reinitiate the spring systems proposed as critical subject to the section 7 consultation consultation on previously reviewed habitat. process are actions on State, tribal, actions in instances where we have (4) Actions that would reduce or alter local, or private lands that require a listed a new species or subsequently the availability of aquatic substrates Federal permit (such as a permit from designated critical habitat that may be within the spring systems that are affected and the Federal agency has the U.S. Army Corps of Engineers under proposed as critical habitat. retained discretionary involvement or section 404 of the Clean Water Act (33 (5) Actions that would reduce the control over the action (or the agency’s U.S.C. 1251 et seq.) or a permit from the occurrence of native aquatic periphyton discretionary involvement or control is Service under section 10 of the Act) or within the spring systems proposed as authorized by law). Consequently, that involve some other Federal action critical habitat. Federal agencies sometimes may need to (6) Actions that would introduce, (such as funding from the Federal request reinitiation of consultation with promote, or maintain nonnative Highway Administration, Federal us on actions for which formal predators and competitors within the Aviation Administration, or the Federal consultation has been completed, if spring systems proposed as critical Emergency Management Agency). those actions with discretionary habitat. Federal actions not affecting listed involvement or control may affect species or critical habitat, and actions Exemptions subsequently listed species or on State, tribal, local, or private lands designated critical habitat. Application of Section 4(a)(3) of the Act that are not federally funded or authorized, do not require section 7 Application of the ‘‘Adverse The National Defense Authorization consultation. Modification’’ Standard Act for Fiscal Year 2004 (Pub. L. 108– 136) amended the Act to limit areas As a result of section 7 consultation, The key factor related to the adverse eligible for designation as critical we document compliance with the modification determination is whether, habitat on some Department of Defense requirements of section 7(a)(2) through with implementation of the proposed lands. There are no Department of our issuance of: Federal action, the affected critical Defense lands within or near the (1) A concurrence letter for Federal habitat would continue to serve its proposed critical habitat designation, so actions that may affect, but are not intended conservation role for the section 4(a)(3)(B)(i) of the Act does not likely to adversely affect, listed species species. Activities that may destroy or apply. or critical habitat; or adversely modify critical habitat are (2) A biological opinion for Federal those that alter the physical or Exclusions actions that may affect, or are likely to biological features to an extent that Application of Section 4(b)(2) of the Act adversely affect, listed species or critical appreciably reduces the conservation habitat. value of critical habitat for the Phantom Section 4(b)(2) of the Act states that When we issue a biological opinion Cave snail, Phantom springsnail, the Secretary shall designate and make concluding that a project is likely to Diamond Y Spring snail, Gonzales revisions to critical habitat on the basis jeopardize the continued existence of a springsnail, diminutive amphipod, and of the best available scientific data after listed species and/or destroy or Pecos amphipod. As discussed above, taking into consideration the economic adversely modify critical habitat, we the role of critical habitat is to support impact, national security impact, and provide reasonable and prudent the life-history needs of the species and any other relevant impact of specifying alternatives to the project, if any are provide for the conservation of the any particular area as critical habitat. identifiable, that would avoid the species. The Secretary may exclude an area from likelihood of jeopardy and/or Section 4(b)(8) of the Act requires us critical habitat if he determines that the destruction or adverse modification of to briefly evaluate and describe, in any benefits of such exclusion outweigh the critical habitat. We define ‘‘reasonable proposed or final regulation that benefits of specifying such area as part and prudent alternatives’’ (at 50 CFR designates critical habitat, activities of the critical habitat, unless he 402.02) as alternative actions identified involving a Federal action that may determines, based on the best scientific during consultation that: destroy or adversely modify such data available, that the failure to (1) Can be implemented in a manner habitat, or that may be affected by such designate such area as critical habitat consistent with the intended purpose of designation. will result in the extinction of the the action, Activities that may affect critical species. In making that determination, (2) Can be implemented consistent habitat, when carried out, funded, or the statute on its face, as well as the with the scope of the Federal agency’s authorized by a Federal agency, should legislative history, are clear that the legal authority and jurisdiction, result in consultation for the Phantom Secretary has broad discretion regarding

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which factor(s) to use and how much snail, Phantom springsnail, Diamond Y proposed rules, we are seeking input weight to give to any factor. Spring snail, Gonzales springsnail, from the public as to whether or not the Under section 4(b)(2) of the Act, we diminutive amphipod, and Pecos Secretary should exclude the area may exclude an area from designated amphipod are not owned or managed by within this habitat conservation plan or critical habitat based on economic the Department of Defense, and, other such areas under management that impacts, impacts on national security, therefore, we anticipate no impact on benefit the Phantom Cave snail, or any other relevant impacts. In national security. Consequently, the Phantom springsnail, Diamond Y Spring considering whether to exclude a Secretary does not propose to exert his snail, Gonzales springsnail, diminutive particular area from the designation, we discretion to exclude any areas from the amphipod, and Pecos amphipod from identify the benefits of including the final designation based on impacts on the final critical habitat designation. area in the designation, identify the national security. (Please see the Public Comments section benefits of excluding the area from the Exclusions Based on Other Relevant of this document for instructions on designation, and evaluate whether the how to submit comments). benefits of exclusion outweigh the Impacts benefits of inclusion. If the analysis Under section 4(b)(2) of the Act, we Peer Review indicates that the benefits of exclusion consider any other relevant impacts, in In accordance with our joint policy on outweigh the benefits of inclusion, the addition to economic impacts and peer review published in the Federal Secretary may exercise his discretion to impacts on national security. We Register on July 1, 1994 (59 FR 34270), exclude the area only if such exclusion consider a number of factors, including we will seek the expert opinions of at would not result in the extinction of the whether the landowners have developed least three appropriate and independent species. any habitat conservation plans or other specialists regarding these proposed management plans for the area, or Exclusions Based on Economic Impacts rules. The purpose of peer review is to whether there are conservation ensure that our critical habitat Under section 4(b)(2) of the Act, we partnerships that would be encouraged designation is based on scientifically consider the economic impacts of by designation of, or exclusion from, sound data, assumptions, and analyses. specifying any particular area as critical critical habitat. In addition, we look at We have invited these peer reviewers to habitat. In order to consider economic any tribal issues, and consider the comment during this public comment impacts, we are preparing an analysis of government-to-government relationship period on our specific assumptions and the economic impacts of the proposed of the United States with tribal entities. conclusions in these proposed critical habitat designation and related We also consider any social impacts that designations of critical habitat. factors. Potential land use sectors that might occur because of the designation. We will consider all comments and may be affected by critical habitat We are not proposing any exclusions information received during this at this time from the proposed critical designation include oil and gas comment period on these proposed habitat designation under section 4(b)(2) development near the Diamond Y rules during our preparation of a final of the Act based on partnerships, Spring system and agriculture (irrigated determination. Accordingly, the final management, or protection afforded by lands using groundwater withdrawals) decision may differ from this proposal. at both spring systems. We also consider cooperative management efforts. any social impacts that might occur However, we are considering excluding Public Hearings because of the designation. the San Solomon Spring Unit that is Section 4(b)(5) of the Act provides for We will announce the availability of currently covered under a habitat one or more public hearings on this the draft economic analysis as soon as conservation plan with Texas Parks and proposal, if requested. Requests must be it is completed, at which time we will Wildlife Department for the Phantom received within 45 days after the date of Cave snail, Phantom springsnail, and seek public review and comment. At publication of these proposed rules in diminutive amphipod for management that time, copies of the draft economic the Federal Register. Such requests activities at Balmorhea State Park. This analysis will be available for must be sent to the address shown in permit authorizes ‘‘take’’ of the downloading from the Internet at FOR FURTHER INFORMATION CONTACT. We invertebrates (which were candidates at http://www.regulations.gov, or by will schedule public hearings on this the time of issuance) in the State Park contacting the Austin Ecological proposal, if any are requested, and for ongoing management activities while Services Field Office directly (see FOR announce the dates, times, and places of minimizing impacts to the aquatic FURTHER INFORMATION CONTACT section). those hearings, as well as how to obtain species. The activities included in the During the development of a final reasonable accommodations, in the designation, we will consider economic habitat conservation plan are a part of Texas Parks and Wildlife Department’s Federal Register and local newspapers impacts, public comments, and other at least 15 days before the hearing. new information, and areas may be operation and maintenance of the State excluded from the final critical habitat Park, including the drawdowns Required Determinations designation under section 4(b)(2) of the associated with cleaning the swimming pool and vegetation management within Regulatory Planning and Review— Act and our implementing regulations at Executive Orders 12866 and 13563 50 CFR 424.19. the refuge canal and cie´nega. The habitat conservation plan also calls for Executive Order 12866 provides that Exclusions Based on National Security restrictions and guidelines for chemical the Office of Information and Regulatory Impacts use in and near aquatic habitats to avoid Affairs (OIRA) will review all significant Under section 4(b)(2) of the Act, we and minimize impacts to the three rules. The Office of Information and consider whether there are lands owned aquatic invertebrate species (Service Regulatory Affairs has determined that or managed by the Department of 2009a, pp. 9, 29–32). The habitat this rule is not significant. Defense where a national security conservation plan, however, provides Executive Order 13563 reaffirms the impact might exist. In preparing this no protection from the main threat to principles of E.O. 12866 while calling proposal, we have determined that the this critical habitat unit—future for improvements in the nation’s lands within the proposed designation declining spring flows due to drought or regulatory system to promote of critical habitat for the Phantom Cave groundwater withdrawals. In these predictability, to reduce uncertainty,

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and to use the best, most innovative, completion of the draft economic these entitlement programs were: and least burdensome tools for analysis is necessary to meet the Medicaid; Aid to Families with achieving regulatory ends. The purposes and requirements of the RFA. Dependent Children work programs; executive order directs agencies to Deferring the RFA finding in this Child Nutrition; Food Stamps; Social consider regulatory approaches that manner will ensure that we make a Services Block Grants; Vocational reduce burdens and maintain flexibility sufficiently informed determination Rehabilitation State Grants; Foster Care, and freedom of choice for the public based on adequate economic Adoption Assistance, and Independent where these approaches are relevant, information and provide the necessary Living; Family Support Welfare feasible, and consistent with regulatory opportunity for public comment. Services; and Child Support objectives. E.O. 13563 emphasizes Enforcement. ‘‘Federal private sector Energy Supply, Distribution, or Use— further that regulations must be based mandate’’ includes a regulation that Executive Order 13211 on the best available science and that ‘‘would impose an enforceable duty the rulemaking process must allow for Executive Order 13211 (Actions upon the private sector, except (i) a public participation and an open Concerning Regulations That condition of Federal assistance or (ii) a exchange of ideas. We have developed Significantly Affect Energy Supply, duty arising from participation in a this rule in a manner consistent with Distribution, or Use) requires agencies voluntary Federal program.’’ these requirements. to prepare Statements of Energy Effects The designation of critical habitat when undertaking certain actions. We does not impose a legally binding duty Regulatory Flexibility Act (5 U.S.C. 601 do not expect the designation of this on non-Federal Government entities or et seq.) proposed critical habitat to significantly private parties. Under the Act, the only Under the Regulatory Flexibility Act affect energy supplies, distribution, or regulatory effect is that Federal agencies (RFA; 5 U.S.C. 601 et seq.) as amended use due to the small amount of habitat must ensure that their actions do not by the Small Business Regulatory we are proposing for designation and destroy or adversely modify critical Enforcement Fairness Act (SBREFA) of the lack of Federal activities that would habitat under section 7. While non- 1996 (5 U.S.C 801 et seq.), whenever an be affected by the designation. Federal entities that receive Federal agency must publish a notice of Therefore, this action is not a significant funding, assistance, or permits, or that rulemaking for any proposed or final energy action, and no Statement of otherwise require approval or rule, it must prepare and make available Energy Effects is required. However, we authorization from a Federal agency for for public comment a regulatory will further evaluate this issue as we an action, may be indirectly impacted flexibility analysis that describes the conduct our economic analysis, and by the designation of critical habitat, the effects of the rule on small entities review and revise this assessment as legally binding duty to avoid (small businesses, small organizations, necessary. destruction or adverse modification of and small government jurisdictions). Unfunded Mandates Reform Act (2 critical habitat rests squarely on the However, no regulatory flexibility U.S.C. 1501 et seq.) Federal agency. Furthermore, to the analysis is required if the head of the extent that non-Federal entities are agency certifies the rule will not have a In accordance with the Unfunded indirectly impacted because they significant economic impact on a Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate substantial number of small entities. seq.), we make the following findings: in a voluntary Federal aid program, the The SBREFA amended the RFA to (1) This rule will not produce a Unfunded Mandates Reform Act would require Federal agencies to provide a Federal mandate. In general, a Federal not apply, nor would critical habitat certification statement of the factual mandate is a provision in legislation, shift the costs of the large entitlement basis for certifying that the rule will not statute, or regulation that would impose programs listed above onto State have a significant economic impact on an enforceable duty upon State, local, or governments. a substantial number of small entities. tribal governments, or the private sector, (2) We do not believe that this rule At this time, we lack the available and includes both ‘‘Federal will significantly or uniquely affect economic information necessary to intergovernmental mandates’’ and small governments because the land provide an adequate factual basis for the ‘‘Federal private sector mandates.’’ proposed for designation is either required RFA finding. Therefore, we These terms are defined in 2 U.S.C. privately owned or owned by U.S. defer the RFA finding until completion 658(5)-(7). ‘‘Federal intergovernmental Bureau of Reclamation or the State of of the draft economic analysis prepared mandate’’ includes a regulation that Texas. None of these government under section 4(b)(2) of the Act and ‘‘would impose an enforceable duty entities fit the definition of ‘‘small Executive Order 12866. This draft upon State, local, or tribal governments’’ governmental jurisdiction.’’ Therefore, a economic analysis will provide the with two exceptions. It excludes ‘‘a Small Government Agency Plan is not required factual basis for the RFA condition of Federal assistance.’’ It also required. However, we will further finding. Upon completion of the draft excludes ‘‘a duty arising from evaluate this issue as we conduct our economic analysis, we will announce participation in a voluntary Federal economic analysis, and review and availability of the draft economic program,’’ unless the regulation ‘‘relates revise this assessment if appropriate. analysis of the proposed designation in to a then-existing Federal program the Federal Register and reopen the under which $500,000,000 or more is Takings—Executive Order 12630 public comment period for the proposed provided annually to State, local, and In accordance with Executive Order designation. We will include with this tribal governments under entitlement 12630 (Government Actions and announcement, as appropriate, an initial authority,’’ if the provision would Interference with Constitutionally regulatory flexibility analysis or a ‘‘increase the stringency of conditions of Protected Private Property Rights), we certification that the rule will not have assistance’’ or ‘‘place caps upon, or will analyze the potential takings a significant economic impact on a otherwise decrease, the Federal implications of designating critical substantial number of small entities Government’s responsibility to provide habitat for the Phantom Cave snail, accompanied by the factual basis for funding,’’ and the State, local, or tribal Phantom springsnail, Diamond Y Spring that determination. We have concluded governments ‘‘lack authority’’ to adjust snail, Gonzales springsnail, diminutive that deferring the RFA finding until accordingly. At the time of enactment, amphipod, and Pecos amphipod in a

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takings implications assessment. Critical critical habitat rests squarely on the (Douglas County v. Babbitt, 48 F.3d habitat designation does not affect Federal agency. 1495 (9th Cir. 1995), cert. denied 516 landowner actions that do not require U.S. 1042 (1996)). The range of the Civil Justice Reform—Executive Order Federal funding or permits, nor does it Phantom Cave snail, Phantom 12988 preclude development of habitat springsnail, Diamond Y Spring snail, conservation programs or issuance of In accordance with Executive Order Gonzales springsnail, diminutive incidental take permits to permit actions 12988 (Civil Justice Reform), the Office amphipod, and Pecos amphipod does that do require Federal funding or of the Solicitor has determined that the not occur in the Tenth Circuit, so a permits to go forward. The takings rule does not unduly burden the judicial NEPA analysis will not be conducted. implications assessment will analyze system and that it meets the whether this proposed designation of requirements of sections 3(a) and 3(b)(2) Clarity of the Rule critical habitat for the Phantom Cave of the Order. We have proposed We are required by Executive Orders snail, Phantom springsnail, Diamond Y designating critical habitat in 12866 and 12988 and by the Spring snail, Gonzales springsnail, accordance with the provisions of the Presidential Memorandum of June 1, diminutive amphipod, and Pecos Act. These proposed rules use standard 1998, to write all rules in plain amphipod poses significant takings mapping technology and identify the language. This means that each rule we implications for lands within or affected elements of physical or biological publish must: by the designation. features essential to the conservation of (1) Be logically organized; the Phantom Cave snail, Phantom (2) Use the active voice to address Federalism—Executive Order 13132 springsnail, Diamond Y Spring snail, readers directly; In accordance with Executive Order Gonzales springsnail, diminutive (3) Use clear language rather than 13132 (Federalism), these proposed amphipod, and Pecos amphipod within jargon; rules do not have significant Federalism the designated areas to assist the public (4) Be divided into short sections and effects. A Federalism assessment is not in understanding the habitat needs of sentences; and required. In keeping with Department of the species. (5) Use lists and tables wherever the Interior and Department of possible. Commerce policy, we requested Paperwork Reduction Act of 1995 (44 If you feel that we have not met these information from, and coordinated U.S.C. 3501 et seq.) requirements, send us comments by one development of, these proposed critical This rule does not contain any new of the methods listed in the ADDRESSES habitat designations with appropriate collections of information that require section. To better help us revise the State resource agencies in Texas. The approval by OMB under the Paperwork rule, your comments should be as designation of critical habitat in areas Reduction Act of 1995 (44 U.S.C. 3501 specific as possible. For example, you currently occupied by the Phantom et seq.). This rule will not impose should tell us the numbers of the Cave snail, Phantom springsnail, recordkeeping or reporting requirements sections or paragraphs that are unclearly Diamond Y Spring snail, Gonzales on State or local governments, written, which sections or sentences are springsnail, diminutive amphipod, and individuals, businesses, or too long, the sections where you feel Pecos amphipod imposes no additional organizations. An agency may not lists or tables would be useful, etc. restrictions to those currently in place conduct or sponsor, and a person is not Government-to-Government and, therefore, has little incremental required to respond to, a collection of Relationship with Tribes impact on State and local governments information unless it displays a and their activities. The designation currently valid OMB control number. In accordance with the President’s may have some benefit to these memorandum of April 29, 1994 National Environmental Policy Act (42 governments because the areas that (Government-to-Government Relations contain the physical or biological U.S.C. 4321 et seq.) with Native American Tribal features essential to the conservation of We have determined that Governments; 59 FR 22951), Executive the species are more clearly defined, environmental assessments and Order 13175 (Consultation and and the elements of the features of the environmental impact statements, as Coordination with Indian Tribal habitat necessary to the conservation of defined under the authority of the Governments), and the Department of the species are specifically identified. National Environmental Policy Act the Interior’s manual at 512 DM 2, we This information does not alter where (NEPA; 42 U.S.C. 4321 et seq.), need not readily acknowledge our responsibility and what federally sponsored activities be prepared in connection with listing to communicate meaningfully with may occur. However, it may assist local a species as endangered or threatened recognized Federal Tribes on a governments in long-range planning under the Endangered Species Act. We government-to-government basis. In (rather than having them wait for case- published a notice outlining our reasons accordance with Secretarial Order 3206 by-case section 7 consultations to for this determination in the Federal of June 5, 1997 (American Indian Tribal occur). Register on October 25, 1983 (48 FR Rights, Federal-Tribal Trust Where State and local governments 49244). Responsibilities, and the Endangered require approval or authorization from a It is our position that, outside the Species Act), we readily acknowledge Federal agency for actions that may jurisdiction of the U.S. Court of Appeals our responsibilities to work directly affect critical habitat, consultation for the Tenth Circuit, we do not need to with tribes in developing programs for under section 7(a)(2) would be required. prepare environmental analyses healthy ecosystems, to acknowledge that While non-Federal entities that receive pursuant to NEPA in connection with tribal lands are not subject to the same Federal funding, assistance, or permits, designating critical habitat under the controls as Federal public lands, to or that otherwise require approval or Endangered Species Act. We published remain sensitive to Indian culture, and authorization from a Federal agency for a notice outlining our reasons for this to make information available to tribes. an action, may be indirectly impacted determination in the Federal Register We determined that there are no tribal by the designation of critical habitat, the on October 25, 1983 (48 FR 49244). This lands within or near the current or legally binding duty to avoid position was upheld by the U.S. Court historic ranges of the Phantom Cave destruction or adverse modification of of Appeals for the Ninth Circuit snail, Phantom springsnail, Diamond Y

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Spring snail, Gonzales springsnail, List of Subjects in 50 CFR Part 17 2. In § 17.11(h) add entries for ‘‘Snail, diminutive amphipod, and Pecos Diamond Y Spring’’, ‘‘Snail, Phantom amphipod that contain the features Endangered and threatened species, Cave’’, ‘‘Springsnail, Gonzales’’, and Exports, Imports, Reporting and essential for conservation of the species. ‘‘Springsnail, Phantom’’ under recordkeeping requirements, Therefore, we are not proposing to ‘‘SNAILS’’ and ‘‘Amphipod, Transportation. designate critical habitat on tribal lands. diminutive’’ and ‘‘Amphipod, Pecos’’ References Cited Proposed Regulation Promulgation under ‘‘CRUSTACEANS’’ to the List of Endangered and Threatened Wildlife in A complete list of references cited in Accordingly, we propose to amend this rulemaking is available on the part 17, subchapter B of chapter I, title alphabetical order to read as follows: Internet at http://www.regulations.gov at 50 of the Code of Federal Regulations, § 17.11 Endangered and threatened Docket No. FWS–R2–ES–2012–0029 and as set forth below: wildlife. upon request from the Austin Ecological * * * * * Services Field Office (see FOR FURTHER PART 17—[AMENDED] INFORMATION CONTACT). (h) * * * 1. The authority citation for part 17 Authors continues to read as follows: The primary authors of this package Authority: 16 U.S.C. 1361–1407; 16 U.S.C. are the staff members of the Southwest 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Region of the Service. 625, 100 Stat. 3500; unless otherwise noted.

Species Vertebrate population where When Critical Special Historic range endangered or Status listed habitat rules Common name Scientific name threatened

******* SNAILS:

******* Snail, Diamond Y Spring ...... Pseudotryonia adamantina ..... U.S.A. (TX) ...... NA ...... E ...... 17.95(f) NA

******* Snail, Phantom Cave ...... Pyrgulopsis texana ...... U.S.A. (TX) ...... NA ...... E ...... 17.95(f) NA

******* Springsnail, Gonzales ...... Tryonia circumstriata ...... U.S.A. (TX) ...... NA ...... E ...... 17.95(f) NA

****** Springsnail, Phantom ...... Tryonia cheatumi ...... U.S.A. (TX) ...... NA ...... E ...... 17.95(f) NA

******* CRUSTACEANS: Amphipod, diminutive ...... Gammarus hyalleloides ...... U.S.A. (TX) ...... NA ...... E ...... 17.95(h) NA

******* Amphipod, Pecos ...... Gammarus pecos ...... U.S.A. (TX) ...... NA ...... E ...... 17.95(h) NA

*******

3. Amend § 17.95 by: § 17.95 Critical habitat—fish and wildlife. emerging from the ground and flowing a. In paragraph (f), adding an entry for * * * * * on the surface; ‘‘Diamond Y Spring snail (f) Clams and Snails. (ii) Water temperatures that vary ° ° (Pseudotryonia adamantina) and * * * * * between 11 and 27 C (52 to 81 F) with Gonzales springsnail (Tryonia Diamond Y Spring snail (Pseudotryonia natural seasonal and diurnal variations circumstriata)’’ followed by an entry for adamantina) and Gonzales springsnail slightly above and below that range; ‘‘Phantom Cave snail (Pyrgulopsis (Tryonia circumstriata) (iii) Substrates that include cobble, texana) and Phantom springsnail (1) A critical habitat unit is depicted gravel, pebble, sand, silt, and aquatic (Tryonia cheatumi)’’ after the entry for for Pecos County, Texas, on the map vegetation, for breeding, egg laying, ‘‘Interrupted Rocksnail (Leptoxis below. maturing, feeding, and escape from foremani)’’, to read as follows: (2) Within this area, the primary predators; (iv) Abundant food, consisting of b. In paragraph (h), adding an entry constituent elements of the physical or algae, bacteria, decaying organic for ‘‘Diminutive amphipod (Gammarus biological features essential to the conservation of Diamond Y Spring snail material, and submergent vegetation hyalleloides)’’ and an entry for ‘‘Pecos that contributes the necessary nutrients, amphipod (Gammarus pecos)’’ in the and Gonzales springsnail are springs and spring-fed aquatic systems that detritus, and bacteria on which these same alphabetical order that these contain: species forage; and species appear in the table at § 17.11(h), (i) Permanent, flowing, unpolluted (v) Either an absence of nonnative to read as follows. water (free from contamination) predators and competitors or nonnative

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predators and competitors at low National Agriculture Imagery Program AustinTexas/), Regulations.gov (http:// population levels. base maps using ArcMap www.regulations.gov at Docket No. (3) Critical habitat does not include (Environmental Systems Research FWS–R2–ES–2012–0029) and at the manmade structures (such as buildings, Institute, Inc.), a computer geographic field office responsible for this aqueducts, runways, roads, and other information system (GIS) program. The designation. You may obtain field office paved areas) and the land on which they maps in this entry, as modified by any location information by contacting one are located existing within the legal accompanying regulatory text, establish of the Service regional offices, the boundaries on the effective date of this the boundaries of the critical habitat addresses of which are listed at 50 CFR rule. designation. The coordinates or plot 2.2. (4) Critical habitat map unit. Data points or both on which each map is (5) Diamond Y Spring Unit, Pecos layers defining the map unit were based are available to the public at the County, Texas. Map of Diamond Y created on 2010 aerial photography from Service’s internet site, (http:// Spring Unit follows: U.S. Department of Agriculture, www.fws.gov/southwest/es/ BILLING CODE 4310–55–P

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Phantom Cave snail (Pyrgulopsis Phantom springsnail are springs and (iii) Substrates that include cobble, texana) and Phantom springsnail spring-fed aquatic systems that contain: gravel, pebble, sand, silt, and aquatic (Tryonia cheatumi) (i) Permanent, flowing, unpolluted vegetation, for breeding, egg laying, maturing, feeding, and escape from (1) Critical habitat units are depicted water (free from contamination) predators; for Jeff Davis County and Reeves emerging from the ground and flowing County, Texas, on the maps below. on the surface; (iv) Abundant food, consisting of algae, bacteria, decaying organic (2) Within these areas, the primary (ii) Water temperatures that vary between 11 and 27 °C (52 to 81 °F) with material, and submergent vegetation constituent elements of the physical or that contributes the necessary nutrients, biological features essential to the natural seasonal and diurnal variations slightly above and below that range; detritus, and bacteria on which these conservation of Phantom Cave snail and species forage; and

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(v) Either an absence of nonnative on 2010 aerial photography from U.S. site (http://www.fws.gov/southwest/es/ predators and competitors or nonnative Department of Agriculture, National AustinTexas/), Regulations.gov (http:// predators and competitors at low Agriculture Imagery Program base maps www.regulations.gov at Docket No. population levels. using ArcMap (Environmental Systems FWS–R2–ES–2012–0029) and at the (3) Critical habitat does not include Research Institute, Inc.), a computer field office responsible for this manmade structures (such as buildings, geographic information system (GIS) designation. You may obtain field office aqueducts, runways, roads, and other program. The maps in this entry, as location information by contacting one paved areas) and the land on which they modified by any accompanying of the Service regional offices, the are located existing within the legal regulatory text, establish the boundaries addresses of which are listed at 50 CFR boundaries on the effective date of this of the critical habitat designation. The 2.2. rule. coordinates or plot points or both on (5) San Solomon Spring Unit, Reeves (4) Critical habitat map units. Data which each map is based are available County, Texas. Map of San Solomon layers defining map units were created to the public at the Service’s Internet Spring Unit follows:

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(6) Giffin Spring Unit, Reeves County, provided at subparagraph (5) of this (7) East Sandia Spring Unit, Jeff Davis Texas. Map of Giffin Spring Unit is entry. County, Texas. Map of East Sandia Spring Unit follows:

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(8) Phantom Lake Spring Unit, Jeff Davis County, Texas. Map of Phantom Lake Spring Unit follows:

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* * * * * are springs and spring-fed aquatic (iii) Substrates that include cobble, (h) Crustaceans. systems that contain: gravel, pebble, sand, silt, and aquatic Diminutive amphipod (Gammarus (i) Permanent, flowing, unpolluted vegetation, for breeding, maturing, hyalleloides) water (free from contamination) feeding, and escape from predators; (1) Critical habitat units are depicted emerging from the ground and flowing (iv) Abundant food, consisting of for Jeff Davis County and Reeves on the surface; algae, bacteria, decaying organic County, Texas, on the maps below. (ii) Water temperatures that vary material, and submergent vegetation (2) Within these areas, the primary between 11 and 27 °C (52 to 81 °F) with that contributes the necessary nutrients, constituent elements of the physical or natural seasonal and diurnal variations detritus, and bacteria on which these biological features essential to the slightly above and below that range; species forage; and conservation of diminutive amphipod

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(6) Giffin Spring Unit, Reeves County, (7) East Sandia Spring Unit, Jeff Davis Texas. Map of Giffin Spring Unit is County, Texas. Map of East Sandia provided at paragraph (5) of this entry. Spring Unit follows:

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(8) Phantom Lake Spring Unit, Jeff Davis County, Texas. Map of Phantom Lake Spring Unit follows:

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* * * * * (i) Permanent, flowing, unpolluted vegetation, for breeding, maturing, Pecos amphipod (Gammarus pecos) water (free from contamination) feeding, and escape from predators; (1) The critical habitat unit is emerging from the ground and flowing (iv) Abundant food, consisting of depicted for Pecos County, Texas, on on the surface; algae, bacteria, decaying organic the map below. (ii) Water temperatures that vary material, and submergent vegetation (2) Within this area, the primary between 11 and 27 °C (52 to 81 °F) with that contributes the necessary nutrients, constituent elements of the physical or natural seasonal and diurnal variations detritus, and bacteria on which these biological features essential to the slightly above and below that range; species forage; and conservation of Pecos amphipod are (iii) Substrates that include cobble, (v) Either an absence of nonnative springs and spring-fed aquatic systems gravel, pebble, sand, silt, and aquatic predators and competitors or nonnative that contain:

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predators and competitors at low Agriculture Imagery Program base maps AustinTexas/), Regulations.gov (http:// population levels. using ArcMap (Environmental Systems www.regulations.gov at Docket No. (3) Critical habitat does not include Research Institute, Inc.), a computer FWS–R2–ES–2012–0029) and at the manmade structures (such as buildings, geographic information system (GIS) field office responsible for this aqueducts, runways, roads, and other program. The maps in this entry, as designation. You may obtain field office paved areas) and the land on which they modified by any accompanying location information by contacting one are located existing within the legal regulatory text, establish the boundaries of the Service regional offices, the boundaries on the effective date of this of the critical habitat designation. The addresses of which are listed at 50 CFR rule. coordinates or plot points or both on 2.2. (4) Critical habitat map units. Data layers defining map units were created which each map is based are available (5) Diamond Y Spring Unit, Pecos on 2010 aerial photography from U.S. to the public at the Service’s Internet County, Texas. Map of Diamond Y Department of Agriculture, National site (http://www.fws.gov/southwest/es/ Spring Unit follows:

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* * * * * Dated: August 2, 2012. Eileen Sobeck, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–19829 Filed 8–15–12; 8:45 am] BILLING CODE 4310–55–C

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Part IV

Department of Education

Applications for New Awards; Race to the Top—District; Notice

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DEPARTMENT OF EDUCATION bold and comprehensive reforms in fund about 15–25 grants in the range of elementary and secondary education $5 to $40 million. The amount of an Applications for New Awards; Race to and laid the foundation for award for which an applicant is eligible the Top—District unprecedented innovation. A total of 46 to apply depends upon the number of States and the District of Columbia put students who would be served under AGENCY: Office of the Deputy Secretary, together plans to implement college- the application. Department of Education. and career-ready standards, use data The Race to the Top—District ACTION: Notice. systems to guide teaching and learning, competition is aimed squarely at evaluate and support teachers and classrooms and the all-important Overview Information school leaders, and turn around their relationship between educators and Race to the Top—District lowest-performing schools. The Race to students. This notice invites applicants the Top State competitions provided to demonstrate how they can Notice inviting applications for new States with incentives to implement personalize education for all students in awards for fiscal year (FY) 2012. large-scale, system-changing reforms their schools. Catalog of Federal Domestic Assistance designed to improve student In that regard, the Race to the Top— (CFDA) Number: 84.416. achievement, narrow achievement gaps, District competition will encourage and and increase graduation and college DATES: reward those local educational agencies Applications Available: August enrollment rates. 16, 2012. (LEAs) or consortia of LEAs that have Through the Race to the Top the leadership and vision to implement Deadline for Notice of Intent to Apply: Assessment program, also authorized August 30, 2012. the strategies, structures, and systems under ARRA, the Department is needed to implement personalized, Note: Submission of a notice of intent to supporting consortia of States in the student-focused approaches to learning apply is optional. development of new and better and teaching that will produce Date of Application Webinar: August assessments aligned with high excellence and ensure equity for all 16 and 21, 2012. standards. students. The priorities, definitions, In 2011, the ARRA was amended by Deadline for Transmittal of requirements, and selection criteria in section 1832(b) of the Department of Applications: October 30, 2012. this notice are designed to help LEAs Defense and Full-Year Continuing meet these goals. Full Text of Announcement Appropriations Act, 2011 (Pub. L. 112– Under Absolute Priority 1, applicants I. Funding Opportunity Description 10), which added an additional education reform area: Strengthening must design a personalized learning Purpose of Program the quality of early learning and environment that will use collaborative, data-based strategies and 21st century The purpose of the Race to the Top— development programs and increasing access to high-quality early learning tools such as online learning platforms, District competition is to build on the computers, mobile devices, and learning lessons learned from the State programs for all children, including those with high needs. As a result, the algorithms, to deliver instruction and competitions conducted under the Race supports tailored to the needs and goals to the Top program and to support bold, Department had the authority to use a portion of the FY 2011 appropriation for of each student, with the aim of locally directed improvements in enabling all students to graduate learning and teaching that will directly Race to the Top on the Race to the Top Early Learning Challenge program, college- and career-ready. improve student achievement and Implementation of a personalized educator effectiveness. which is jointly administered by the Departments of Education and Health learning environment is not achieved Background and Human Services. The Race to the through a single solution or product but rather requires a multi-faceted approach Race to the Top Top Early Learning Challenge supports nine States’ efforts to strengthen the that addresses the individual and The Race to the Top program, quality of their early learning programs. collective needs of students, educators, authorized under the American and families and that dramatically Recovery and Reinvestment Act (ARRA) Race to the Top—District Competition transforms the learning environment in (Pub. L. 111–5), is centered on four core On May 22, 2012, the Secretary order to improve student outcomes. educational reform areas: announced the Race to the Top—District The Secretary believes that teacher (a) Adopting standards and competition, which is designed to build and student classroom interaction, assessments that prepare students to on the momentum of other Race to the supported by strong principals and succeed in college and the workplace Top competitions by encouraging bold, engaged families, is crucial to educating and to compete in the global economy; innovative reform at the local level. This students. Teacher and student (b) Building data systems that district-level FY 2012 competition is interactions are strengthened when an measure student growth and success authorized under sections 14005 and effective teacher has useful information and inform teachers and principals 14006 of the ARRA, as amended by about students’ particular needs, about how they can improve section 1832(b) of the Department of support from his or her principal or instruction; Defense and Full-Year Continuing leadership team, a quality curriculum (c) Recruiting, developing, rewarding, Appropriations Act, 2011 and the aligned with college- and career-ready and retaining effective teachers and Department of Education standards, and the other tools needed to principals, especially where they are Appropriations Act, 2012 (Title III of do the job. needed most; and Division F of Pub. L. 112–74, the Too often, however, these supportive (d) Turning around the Nation’s Consolidated Appropriations Act, 2012). conditions have not existed in our lowest-achieving schools. Congress appropriated approximately schools or districts, and the results are In 2010, the U.S. Department of $550 million for Race to the Top in FY painfully predictable: students fall Education (Department) conducted Race 2012. Of these funds, the Department behind or drop out, achievement gaps to the Top State competitions, which expects to use approximately $383 remain or widen, teachers get frustrated provided incentives to States to adopt million for this competition, which will and leave the field, and stakeholders

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become polarized and divided under thinking, communications, creativity, districts maximum time to prepare their pressure to perform. and problem solving across multiple applications for this competition, the That is why—for more than three academic domains. If students are to do Department is waiving notice-and- years—the Department has supported this successfully, both students and comment rulemaking for this bold reforms at the State and local levels educators need opportunities to build competition. Specifically, we are that have reduced barriers to good their individual and collective capacity waiving rulemaking for the priorities, teaching and helped create better to support the implementation of requirements, definitions, and selection conditions for learning. personalized learning environments and criteria for this new competition under There is no single approach or strategies. section 437(d)(1) of the General boutique solution to implementation of The Race to the Top—District Education Provisions Act (GEPA). personalized learning environments. An competition does not create new stand- However, we solicited public LEA or consortia of LEAs receiving an alone programs, or support niche participation as we developed our award under this competition will build programs or interventions. Neither is it approach to this competition. From May on the lessons learned from and the a vehicle for maintenance of the status 22 to June 8, 2012, we posted on the progress of States and districts in quo. Rather, the Race to the Top— Department’s Web site and blog a draft implementing reforms in the four core District competition will support LEAs Executive Summary of the competition, educational assurance areas (as defined that demonstrate their commitment to which included draft competition in this notice) through Race to the Top identifying teachers, principals, and priorities, requirements, definitions, and and other key programs. A successful schools who have a vision and the selection criteria, and we invited public applicant will provide teachers the expertise to personalize education and input on each. We received information, tools, and supports that extend their reach to all of their approximately 475 responses reflecting enable them to meet the needs of each students. LEAs successfully the viewpoints of a variety of student and substantially accelerate and implementing an approach to learning individuals and organizations, which deepen each student’s learning. These and teaching that includes personalized we considered in our development of LEAs will have the policies, systems, learning environments will lay a this notice. That Executive Summary infrastructure, capacity, and culture to foundation for raising student and the comments we received are enable teachers, teacher teams, and achievement, decreasing the posted at www.ed.gov/race-top/district- school leaders to continuously focus on achievement gap across student groups, competition. improving individual student and increasing the rates at which Priorities: We are establishing these achievement and closing achievement students graduate from high school priorities for the FY 2012 grant gaps. These LEAs will also make equity prepared for college and careers. competition only and any subsequent and access a priority and aim to prepare Through Race to the Top—District, year in which we make awards from the each student to master the content and the Department plans to support high- list of unfunded applicants from this skills required for college- and career- quality proposals from applicants across readiness, provide each student the a varied set of LEAs to create diverse competition, in accordance with section opportunity to pursue a rigorous course models of personalized learning 437(d)(1) of the General Education of study, and accelerate and deepen environments for use by LEAs across the Provisions Act (GEPA), 20 U.S.C. students’ learning through attention to Nation. For this reason, in addition to 1232(d)(1). their individual needs. As important, an absolute priority on personalized Absolute Priorities: These priorities they will create opportunities for learning environments, the Department are absolute priorities. Under 34 CFR students to identify and pursue areas of is establishing four additional absolute 75.105(c)(3) we consider only personal academic interest—all while priorities in this notice; each applicant applications that meet Absolute Priority ensuring that each student masters will meet one of Absolute Priorities 2 1 and one of Absolute Priorities 2 critical areas identified in college- and through 5. These absolute priorities will through 5. career-ready standards or college- and support efforts to expand the types of These priorities are: career-ready high school graduation reform efforts being implemented in Absolute Priority 1: Personalized requirements. LEAs in States that have received a Race Learning Environments. To meet this Educators want a way to inspire and to the Top award and to LEAs in other priority, an applicant must coherently challenge those students who are States. Moreover, these absolute and comprehensively address how it furthest ahead, provide targeted help priorities will help ensure that LEAs of will build on the core educational and assistance to those furthest behind, varying sizes, both rural and non-rural, assurance areas (as defined in this and engage fully and effectively with and with different local contexts are notice) to create learning environments the students in the middle. To able to implement innovative that are designed to significantly accomplish this objective, educators personalized learning environments for improve learning and teaching through across the country have created their students that can serve as models the personalization of strategies, tools, personalized learning environments and for other LEAs and help improve and supports for students and educators used strategies that involve such student achievement widely. that are aligned with college- and elements as technology, virtual and The competitive preference priority career-ready standards (as defined in blended learning, individual and group we are establishing will reward this notice) or college- and career-ready tasks, partnering with parents, and applicants that propose to extend their graduation requirements (as defined in aligning non-school hours with the reforms beyond the classroom and this notice); accelerate student educational needs of students. partner with public or private entities in achievement and deepen student Personalized learning environments order to address the social, emotional, learning by meeting the academic needs allow students to: understand their and behavioral needs of students, of each student; increase the individual learning goals and needs; particularly students who attend a high- effectiveness of educators; expand access deep learning experiences that need school. student access to the most effective include individual and group tasks; and As explained more fully elsewhere in educators; decrease achievement gaps develop such skills and traits as goal this notice, given the tight timeline for across student groups; and increase the setting, teamwork, perseverance, critical obligating funds and in order to provide rates at which students graduate from

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high school prepared for college and To meet this priority, an applicant (a) Assess the needs and assets of careers. must— participating students (as defined in this Absolute Priority 2: Non-Rural LEAs (1) Provide a description of the notice) that are aligned with the in Race to the Top States. To meet this coherent and sustainable partnership partnership’s goals for improving the priority, an applicant must be an LEA or that it has formed with public or private education and family and community a consortium of LEAs in which more organizations, such as public health, supports (as defined in this notice) than 50 percent of participating students before-school, after-school, and social identified by the partnership; (as defined in this notice) are in non- service providers; integrated student (b) Identify and inventory the needs rural LEAs in States that received service providers; businesses, and assets of the school and community awards under the Race to the Top Phase philanthropies, civic groups, and other that are aligned with those goals for 1, Phase 2, or Phase 3 competition. community-based organizations; early improving the education and family and Absolute Priority 3: Rural LEAs in learning programs; and postsecondary community supports (as defined in this Race to the Top States. To meet this institutions to support the plan notice) identified by the applicant; priority, an applicant must be an LEA or described in Absolute Priority 1; (c) Create a decision-making process a consortium of LEAs in which more (2) Identify not more than 10 and infrastructure to select, implement, than 50 percent of participating students population-level desired results for and evaluate supports that address the (as defined in this notice) are in rural students in the LEA or consortium of individual needs of participating LEAs (as defined in this notice) in States LEAs that align with and support the students (as defined in this notice) and that received awards under the Race to applicant’s broader Race to the Top— support improved results; the Top Phase 1, Phase 2, or Phase 3 District proposal. These results must (d) Engage parents and families of competition. include both educational results and participating students (as defined in this Absolute Priority 4: Non-Rural LEAs other education outcomes (e.g., children notice) in both decision-making about in non-Race to the Top States. To meet enter kindergarten prepared to succeed solutions to improve results over time this priority, an applicant must be an in school, children exit third grade and in addressing student, family, and LEA or a consortium of LEAs in which reading at grade level, and students school needs; and more than 50 percent of participating graduate from high school college- and (e) Routinely assess the applicant’s students (as defined in this notice) are career-ready) and family and progress in implementing its plan to in non-rural LEAs in States that did not community supports (as defined in this maximize impact and resolve challenges receive awards under the Race to the notice) results; and problems; and (6) Identify its annual ambitious yet Top Phase 1, Phase 2, or Phase 3 (3) Describe how the partnership achievable performance measures for competition. would— the proposed population-level and Absolute Priority 5: Rural LEAs in (a) Track the selected indicators that describe desired results for students. non-Race to the Top States. To meet this measure each result at the aggregate Waiver of Proposed Rulemaking: priority, an applicant must be an LEA or level for all children within the LEA or Under the Administrative Procedure Act a consortium of LEAs in which more consortium and at the student level for (5 U.S.C. 553) the Department generally than 50 percent of participating students the participating students (as defined in offers interested parties the opportunity (as defined in this notice) are in rural this notice); to comment on proposed priorities, LEAs (as defined in this notice) in States (b) Use the data to target its resources definitions, requirements, and selection that did not receive awards under the in order to improve results for criteria. Section 437(d)(1) of GEPA, Race to the Top Phase 1, Phase 2, or participating students (as defined in this however, allows the Secretary to exempt Phase 3 competition. notice), with special emphasis on from rulemaking requirements Competitive Preference Priority: This students facing significant challenges, regulations governing the first grant priority is a competitive preference such as students with disabilities, competition under a new or priority. Under 34 CFR 75.105(c)(2)(i), English learners, and students affected substantially revised program authority. we award up to an additional 10 points by poverty (including highly mobile This is the first grant competition for to an application, depending on how students), family instability, or other this program. The competition therefore well the application meets this priority. child welfare issues; qualifies for this exemption. In order to This priority is: (c) Develop a strategy to scale the ensure timely grant awards, the Competitive Preference Priority: model beyond the participating students Secretary has decided to forgo public Results, Resource Alignment, and (as defined in this notice) to at least comment on the priorities, definitions, Integrated Services. The Department other high-need students (as defined in requirements, and selection criteria in will give priority to an applicant based this notice) and communities in the LEA this notice. on the extent to which the applicant or consortium over time; and These priorities, definitions, proposes to integrate public or private (d) Improve results over time; requirements, and selection criteria will resources in a partnership designed to (4) Describe how the partnership apply to the FY 2012 competition and augment the schools’ resources by would, within participating schools (as any subsequent year in which we make providing additional student and family defined in this notice), integrate awards from the list of unfunded supports to schools that address the education and other services (e.g., applicants from this competition. social, emotional, or behavioral needs of services that address social-emotional, the participating students (as defined in and behavioral needs, acculturation for Definitions this notice), giving highest priority to immigrants and refugees) for The definitions are: students in participating schools with participating students (as defined in this Achievement gap means the high-need students (as defined in this notice); difference in the performance between notice). To meet this priority, an (5) Describe how the partnership and each subgroup (as defined in this notice) applicant’s proposal does not need to be LEA or consortium would build the within a participating LEA or school comprehensive and may provide capacity of staff in participating schools and the statewide average performance student and family supports that focus (as defined in this notice) by providing of the LEA’s or State’s highest-achieving on a subset of these needs. them with tools and supports to— subgroups in reading or language arts

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and in mathematics as measured by the binding agreement executed by each at least one grade level in an academic assessments required under the member LEA; and year) of student growth (as defined in Elementary and Secondary Education (7) The consortium’s procurement this notice) as defined in the LEA’s Act of 1965 (ESEA), as amended. process, and evidence of each member principal evaluation system (as defined College- and career-ready graduation LEA’s commitment to that process. in this notice). requirements means minimum high Core educational assurance areas Effective teacher means a teacher school graduation expectations (e.g., means the four key areas originally whose students achieve acceptable rates completion of a minimum course of identified in the American (e.g., at least one grade level in an study, content mastery, proficiency on Reinvestment and Recovery Act (ARRA) academic year) of student growth (as college- and career-ready assessments) to support comprehensive education defined in this notice) as defined in the that are aligned with a rigorous, robust, reform: (1) Adopting standards and LEA’s teacher evaluation system (as and well-rounded curriculum and that assessments that prepare students to defined in this notice). cover a wide range of academic and succeed in college and the workplace Family and community supports technical knowledge and skills to and to compete in the global economy; means— ensure that by the time students (2) building data systems that measure (1) Child and youth health programs, graduate high school, they satisfy student growth and success, and inform such as physical, mental, behavioral, requirements for admission into credit- teachers and principals with data about and emotional health programs (e.g., bearing courses commonly required by how they can improve instruction; (3) home visiting programs; Head Start; the State’s public four-year degree- recruiting, developing, rewarding, and Early Head Start; programs to improve granting institutions. retaining effective teachers and nutrition and fitness, reduce childhood College- and career-ready standards principals, especially where they are obesity, and create healthier means content standards for needed most; and (4) turning around communities); kindergarten through 12th grade that lowest-achieving schools. (2) Safety programs, such as programs build towards college- and career-ready Digital learning content means in school and out of school to prevent, graduation requirements (as defined in learning materials and resources that control, and reduce crime, violence, this notice). A State’s college- and can be displayed on an electronic device drug and alcohol use and gang activity; career-ready standards must be either and shared electronically with other programs that address classroom and (1) standards that are common to a users. Digital learning content includes school-wide behavior and conduct; significant number of States; or (2) both open source and commercial programs to prevent child abuse and standards that are approved by a State content. In order to comply with the neglect; programs to prevent truancy network of institutions of higher requirements of the Americans with and reduce and prevent bullying and education, which must certify that Disabilities Act of 1990 and Section 504 harassment; and programs to improve the physical and emotional security of students who meet the standards will of the Rehabilitation Act of 1973, as the school setting as perceived, not need remedial course work at the amended, any digital learning content experienced, and created by students, postsecondary level. used by grantees must be accessible to College enrollment means the individuals with disabilities, including staff, and families; (3) Community stability programs, enrollment of students who graduate individuals who use screen readers. For such as programs that: (a) Provide adult from high school consistent with 34 additional information regarding the education and employment CFR 200.19(b)(1)(i) and who enroll in a application of these laws to technology, opportunities and training to improve public institution of higher education in please refer to www.ed.gov/ocr/letters/ educational levels, job skills, and the State (as defined in section 101(a) of colleague-201105-ese.pdf and readiness in order to decrease the Higher Education Act of 1965, as www.ed.gov/ocr/docs/dcl-ebook-faq- unemployment, with a goal of amended, 20 U.S.C. 1001) within 16 201105.pdf. increasing family stability; (b) improve months of graduation. Discipline means any disciplinary Consortium governance structure measure collected by the 2009–2010 or families’ awareness of, access to, and means the consortium’s structure for 2011–2012 Civil Rights Data Collection use of a range of social services, if carrying out its operations, including— (see http://ocrdata.ed.gov). possible at a single location; (c) provide (1) The organizational structure of the Educators means all education unbiased, outcome-focused, and consortium and the differentiated roles professionals and education comprehensive financial education, that a member LEA may hold (e.g., lead paraprofessionals working in inside and outside the classroom and at LEA, member LEA); participating schools (as defined in this every life stage; (d) increase access to (2) For each differentiated role, the notice), including principals or other traditional financial institutions (e.g., associated rights and responsibilities, heads of a school, teachers, other banks and credit unions) rather than including rights and responsibilities for professional instructional staff (e.g., staff alternative financial institutions (e.g., adopting and implementing the involved in curriculum development, check cashers and payday lenders); (e) consortium’s proposal for a grant; staff development, bilingual/English as help families increase their financial (3) The consortium’s method and a Second Language (ESL) specialists, or literacy, financial assets, and savings; process (e.g., consensus, majority) for instructional staff who operate library, and (f) help families access making different types of decisions (e.g., media, and computer centers), pupil transportation to education and policy, operational); support services staff (e.g., guidance employment opportunities; (g) provides (4) The protocols by which the counselors, nurses, speech pathologists), supports and services to students who consortium will operate, including the other administrators (e.g., assistant are homeless, in foster care, migrant, or protocols for member LEAs to change principals, discipline specialists), and highly mobile; and roles or leave the consortium; education paraprofessionals (e.g., (4) Family and community (5) The consortium’s procedures for assistant teachers, bilingual/ESL engagement programs that are systemic, managing funds received under this instructional aides). integrated, sustainable, and continue grant; Effective principal means a principal through a student’s transition from K–12 (6) The terms and conditions of the whose students, overall and for each schooling to college and career. These memorandum of understanding or other subgroup, achieve acceptable rates (e.g., programs may include family literacy

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programs and programs that provide (as defined in this notice) as defined This digital platform must have the adult education and training and under the LEAs teacher evaluation capability to share content information opportunities for family members and system (as defined in this notice). with other LEAs and with State other members of the community to Interoperable data system means a educational agencies. support student learning and establish system that uses a common, established Participating school means a school high expectations for student structure such that data can easily flow that is identified by the applicant and educational achievement; mentorship from one system to another and in chooses to work with the applicant to programs that create positive which data are in a non-proprietary, implement the plan under Absolute relationships between children and open format. Priority 1, either in one or more specific adults; programs that provide for the use Local educational agency is an entity grade spans or subject areas or of such community resources as as defined in section 9101(26) of the throughout the entire school and libraries, museums, television and radio ESEA, except that an entity described affecting a significant number of its stations, and local businesses to support under section 9101(26)(D) must be students. improved student educational recognized under applicable State law Participating student means a student outcomes; programs that support the as a local educational agency. enrolled in a participating school (as engagement of families in early learning Low-performing school means a defined in this notice) and who is programs and services; programs that school that is in the bottom 10 percent directly served by an applicant’s plan provide guidance on how to navigate of performance in the State, or that has under Absolute Priority 1. through a complex school system and significant achievement gaps, based on Persistently lowest-achieving school how to advocate for more and improved student academic performance in means, as determined by the State, learning opportunities; and programs reading/language arts and mathematics consistent with the requirements of the that promote collaboration with on the assessments required under the SIG program authorized by section educators and community organizations ESEA, or that has a graduation rate (as 1003(g) of the ESEA,1 (1) any Title I to improve opportunities for healthy defined in this notice) below 60 percent. school in improvement, corrective development and learning. Metadata means information about action, or restructuring that (a) is among Four intervention models means the digital learning content such as the the lowest-achieving five percent of turnaround model, restart model, school grade or age for which it is intended, the Title I schools in improvement, closure, and transformational model as topic or standard to which it is aligned, corrective action, or restructuring or the defined by the final requirements for the or the type of resource it is (e.g., video, lowest-achieving five Title I schools in School Improvement Grant (SIG) image). improvement, corrective action, or program, published in the Federal On-track indicator means a measure, restructuring in the State, whichever Register on October 28, 2010 (75 FR available at a time sufficiently early to number of schools is greater; or (b) is a 66363). allow for intervention, of a single high school that has had a graduation Graduation rate means the four-year student characteristic (e.g., number of rate as defined in 34 CFR 200.19(b) that or extended-year adjusted cohort days absent, number of discipline is less than 60 percent over a number of graduation rate as defined by 34 CFR referrals, number of credits earned), or years; and (2) any secondary school that 200.19(b)(1). a composite of multiple characteristics, is eligible for, but does not receive, Title High-need students means students at that is both predictive of student I funds that (a) is among the lowest- risk of educational failure or otherwise success (e.g., students demonstrating the achieving five percent of secondary in need of special assistance and measure graduate at an 80 percent rate) schools or the lowest-achieving five support, such as students who are living and comprehensive of students who secondary schools in the State that are in poverty, who attend high-minority succeed (e.g., of all graduates, 90 eligible for, but do not receive, Title I schools (as defined in this notice), who percent demonstrated the indicator). funds, whichever number of schools is are far below grade level, who have left Using multiple indicators that are greater; or (b) is a high school that has school before receiving a regular high collectively comprehensive but vary by had a graduation rate as defined in 34 school diploma, who are at risk of not student characteristics may be an CFR 200.19(b) that is less than 60 graduating with a diploma on time, who appropriate alternative to a single percent over a number of years. are homeless, who are in foster care, indicator that applies to all students. To identify the lowest-achieving who have been incarcerated, who have Open data format means data that are schools, a State must take into account disabilities, or who are English learners. available in a non-proprietary, machine- both (1) the academic achievement of High-minority school is defined by the readable format (e.g., Extensible Markup the ‘‘all students’’ group in a school in LEA in a manner consistent with its Language (XML) and JavaScript Object terms of proficiency on the State’s State’s Teacher Equity Plan, as required Notation (JSON)) such that they can be assessments under section 1111(b)(3) of by section 1111(b)(8)(C) of the ESEA. understood by a computer. Digital the ESEA in reading or language arts The LEA must provide, in its Race to the formats that require extraction, data and in mathematics combined; and (2) Top—District application, the definition translation such as optical character the school’s lack of progress on those used. recognition, or other manipulation in assessments over a number of years in Highly effective principal means a order to be used in electronic systems the ‘‘all students’’ group. principal whose students, overall and are not machine-readable formats. Principal evaluation system means a Open-standard registry means a for each subgroup, achieve high rates system that: (1) Is used for continual digital platform, such as the Learning (e.g., one and one-half grade levels in an improvement of instructional academic year) of student growth (as Registry, that facilitates the exchange of defined in this notice) as defined under information about digital learning 1 The Department considers schools that are the LEAs principal evaluation system content (as defined in this notice), identified as Tier I or Tier II schools under the (as defined in this notice). including (1) alignment of content with School Improvement Grants Program (see 75 FR Highly effective teacher means a college- and career-ready standards (as 66363) as part of a State’s approved FY 2009 or FY 2010 applications to be persistently lowest- teacher whose students achieve high defined in this notice) and (2) usage achieving schools. A list of these Tier I and Tier II rates (e.g., one and one-half grade levels information about learning content used schools can be found on the Department’s Web site in an academic year) of student growth by educators (as defined in this notice). at http://www2.ed.gov/programs/sif/index.html

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leadership; (2) meaningfully assessments; performance against (1) State comment period. Each LEA differentiates performance using at least student learning objectives; student included in an application must provide three performance levels; (3) uses performance on English language its State at least 10 business days to multiple valid measures in determining proficiency assessments; and other comment on the LEA’s application and performance levels, including, as a measures of student achievement that submit as part of its application significant factor, data on student are rigorous and comparable across package– growth (as defined in this notice) for all schools within an LEA. (a) The State’s comments or, if the students (including English learners and Student-level data means State declined to comment, evidence students with disabilities), as well as demographic, performance, and other that the LEA offered the State 10 other measures of professional practice information that pertains to a single business days to comment; and (which may be gathered through student. (b) The LEA’s response to the State’s multiple formats and sources, such as Student performance data means comments (optional). observations based on rigorous information about the academic (2) Mayor (or city or town leadership performance standards, progress of a single student, such as administrator) comment period. Each LEA included in an application must teacher evaluation data, and student and formative and summative assessment provide its mayor or other comparable parent surveys); (4) evaluates principals data, information on completion of official at least 10 business days to on a regular basis; (5) provides clear, coursework, instructor observations, comment on the LEA’s application and timely, and useful feedback, including information about student engagement submit as part of its application feedback that identifies and guides and time on task, and similar professional development needs; and (6) package— information. (a) The mayor or city or town is used to inform personnel decisions. Subgroup means each category of Rural local educational agency means administrator’s comments or, if that students identified under section individual declines to comment, an LEA, at the time of the application, 1111(b)(2)(C)(v)(II) of the ESEA, as well that is eligible under the Small Rural evidence that the LEA offered such as any combined subgroup used in the official 10 business days to comment; School Achievement (SRSA) program or State accountability system and the Rural and Low-Income School and approved by the Department in a State’s (RLIS) program authorized under Title (b) The LEA’s response to the mayor request for ESEA flexibility. VI, Part B of the ESEA. Eligible or city or town administrator comments Superintendent evaluation means a applicants may determine whether a (optional). rigorous, transparent, and fair annual particular LEA is eligible for these (3) Consortium. For LEAs applying as evaluation of an LEA superintendent programs by referring to information on a consortium, the application must– the Department’s Web site at http:// that provides an assessment of (a) Indicate, consistent with 34 CFR www2.ed.gov/programs/reapsrsa/ performance and encourages 75.128, whether— (i) One member of the consortium is eligible12/index.html. professional growth. This evaluation School leadership team means a team must reflect: (1) The feedback of many applying for a grant on behalf of the that leads the implementation of stakeholders, including but not limited consortium; or (ii) The consortium has established improvement and other initiatives at the to educators, principals, and parents; itself as a separate, eligible legal entity school and is composed of the principal and (2) student outcomes. and is applying for a grant on its own or other head of a school, teachers, and Teacher evaluation system means a system that: (1) Is used for continual behalf; other educators (as defined in this (b) Be signed by– notice), and, as applicable, other school improvement of instruction; (2) meaningfully differentiates performance (i) If one member of the consortium is employees, parents, students, and other applying for a grant on behalf of the community members. In cases where using at least three performance levels; (3) uses multiple valid measures in consortium, the superintendent or chief statute or local policy, including executive officer (CEO), local school collective bargaining agreements, determining performance levels, including, as a significant factor, data on board president, and local teacher union establishes a school leadership team, or association president (where student growth (as defined in this that body shall serve as the school applicable) of that LEA; or notice) for all students (including leadership team for the purpose of this (ii) If the consortium has established program. English learners and students with itself as a separate eligible legal entity Student growth means the change in disabilities), as well as other measures and is applying for a grant on its own student achievement for an individual of professional practice (which may be behalf, a legal representative of the student between two or more points in gathered through multiple formats and consortium; and time, defined as— sources, such as observations based on (c) Include, consistent with 34 CFR (1) For grades and subjects in which rigorous teacher performance standards, 75.128, for each LEA in the consortium, assessments are required under ESEA teacher portfolios, and student and copies of all memoranda of section 1111(b)(3): (a) A student’s score parent surveys); (4) evaluates teachers understanding or other binding on such assessments; and (b) may on a regular basis; (5) provides clear, agreements related to the consortium. include other measures of student timely, and useful feedback, including These binding agreements must— learning, such as those described in (2) feedback that identifies and guides (i) Detail the activities that each below, provided they are rigorous and professional development needs; and (6) member of the consortium plans to comparable across schools within an is used to inform personnel decisions. perform; LEA. Teacher of record means an (ii) Describe the consortium (2) For grades and subjects in which individual (or individuals in a co- governance structure (as defined in this assessments are not required under teaching assignment) who has been notice); ESEA section 1111(b)(3): Alternative assigned the lead responsibility for a (iii) Bind each member of the measures of student learning and student’s learning in a subject or course. consortium to every statement and performance, such as student results on assurance made in the application; and pre-tests, end-of-course tests, and Application Requirements (iv) Include an assurance signed by objective performance-based The application requirements are: the LEA’s superintendent or CEO that—

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(A) The LEA, at a minimum, will (2) A grantee must work with the (8) Within 100 days of award, each implement no later than the 2014–2015 Department and with a national grantee must demonstrate that at least school year— evaluator or another entity designated 40 percent of participating students (as (1) A teacher evaluation system (as by the Department to ensure that data defined in this notice) in participating defined in this notice); collection and program design are schools (as defined in this notice) are (2) A principal evaluation system (as consistent with plans to conduct a from low-income families, based on defined in this notice); and rigorous national evaluation of the eligibility for free or reduced-price (3) A superintendent evaluation (as program and of specific solutions and lunch subsidies under the Richard B. defined in this notice); strategies pursued by individual Russell National School Lunch Act, or (B) The LEA is committed to grantees. This commitment must other poverty measures that LEAs use to preparing students for college or career, include, but need not be limited to— make awards under section 1113(a) of as demonstrated by— (i) Consistent with 34 CFR 80.36 and the ESEA. (1) Being located in a State that has State and local procurement procedures, Program Authority: Sections 14005 and adopted college- and career-ready grantees must include in contracts with 14006 of the ARRA (Pub. L. 111–5), as standards (as defined in this notice); or external vendors provisions that allow amended by section 1832(b) of Division B of (2) Measuring all student progress and contractors to provide implementation the Department of Defense and Full-Year performance against college- and career- data to the LEA, the Department, the Continuing Appropriations Act, 2011 (Pub. L. ready graduation requirements (as national evaluator, or other appropriate 112–10), and the Department of Education defined in this notice); entities in ways consistent with all Appropriations Act, 2012 (Title III of (C) The LEA has a robust data system privacy laws and regulations. Division F of Pub. L. 112–74, the Consolidated Appropriations Act, 2012). that has, at a minimum— (ii) Developing, in consultation with (1) An individual teacher identifier the national evaluator, a plan for Applicable Regulations: (a) The with a teacher-student match; and identifying and collecting reliable and Education Department General (2) The capability to provide timely valid baseline data for program Administrative Regulations (EDGAR) in data back to educators and their participants. 34 CFR parts 74, 75, 77, 79, 80, 81, 82, supervisors on student growth (as (3) LEAs must share metadata about 84, 86, 97, 98, and 99. (b) The Education defined in this notice); content alignment with college- and Department suspension and debarment (D) The LEA has the capability to career-ready standards (as defined in regulations in 2 CFR part 3485. receive or match student-level preschool this notice) and use through open- Note: The regulations in 34 CFR part 79 through 12th grade and higher standard registries. apply to all applicants except federally education data; and (4) LEAs in which minority students recognized Indian tribes. (E) The LEA ensures that any or students with disabilities are disclosure of or access to personally disproportionately subject to discipline Note: The regulations in 34 CFR part 86 identifiable information in students’ (as defined in this notice) and expulsion apply to institutions of higher education only. education records complies with the (according to data submitted through Family Educational Rights and Privacy the Department’s Civil Rights Data Note: Nothing in this notice shall be Act (FERPA); and Collection, which is available at http:// construed to alter or otherwise affect the (iv) Be signed by the superintendent ocrdata.ed.gov/), must conduct a district rights, remedies, and procedures afforded or CEO, local school board president, assessment of the root causes of the school or school district employees under and local teacher union or association disproportionate discipline and Federal, State, or local laws (including president (where applicable). expulsions. These LEAs must also applicable regulations or court orders) or under the terms of collective bargaining Program Requirements develop a detailed plan over the grant period to address these root causes and agreements, memoranda of understanding, or The program requirements are: other agreements between such employees to reduce disproportionate discipline (as and their employers. (1) An applicant’s budget request for defined in this notice) and expulsions. all years of its project must fall within (5) Each grantee must make all project II. Award Information the applicable budget range as follows: implementation and student data available to the Department and its Type of Award: Discretionary grants. Number of participating Award range Estimated Available Funds: students in (millions) authorized representatives in compliance with FERPA, as applicable. $383,000,000. 2,000–5,000 or Fewer than (6) Grantees must ensure that requests Contingent upon the availability of 2,000, provided those stu- for information (RFIs) and requests for funds and the quality of applications, dents are served by a con- proposal (RFPs) developed as part of we may make additional awards in FY sortium of at least 10 this grant are made public, and are 2013 or subsequent fiscal years from the LEAs and at least 75 per- consistent with the requirements of list of unfunded applicants from this cent of the students State and local law. competition. served by each LEA are participating students (as (7) Within 100 days of award, each The Department may use any unused defined in this notice) ...... $5–10 grantee must submit to the funds from Phase 2 of the Race to the 5,001–10,000 ...... $10–20 Department— Top Early Learning Challenge program 10,001–25,000 ...... 20–30 (i) A scope of work that is consistent in the Race to the Top—District 25,001+ ...... 30–40 with its grant application and includes competition. Phase 2 of the Race to the specific goals, activities, deliverables, Top Early Learning Challenge The Department will not consider an timelines, budgets, key personnel, and competition will be announced in a application that requests a budget annual targets for key performance separate notice published in the Federal outside the applicable range of awards, measures; and Register. Conversely, the Department of not including any optional budget (ii) An individual school Education may use any unused FY 2012 supplements included in the implementation plan for participating funds from the Race to the Top—District application. schools (as defined in this notice). competition under Phase 2 of the Race

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to the Top Early Learning Challenge (c) At least 40 percent of participating IV. Application and Submission competition. students (as defined in this notice) Information Estimated Range of Awards: across all participating schools (as 1. Address To Request Application $5,000,000—$40,000,000. defined in this notice) must be students Package: You can obtain an application Estimated Range of Awards and from low-income families, based on package via the Internet or from the Maximum Awards: The following chart eligibility for free or reduced-price Department of Education. To obtain a illustrates the range for awards by the lunch subsidies under the Richard B. copy via the Internet, use the following number of participating students: Russell National School Lunch Act, or address: www.ed.gov/programs/ other poverty measures that LEAs use to racetothetop-district. To obtain a copy Number of participating stu- Award range make awards under section 1113(a) of dents in (millions) from the Department of Education, the ESEA. If an applicant has not write, fax, or call the following: 2,000–5,000 or Fewer than identified all participating schools (as Meredith Farace, U.S. Department of 2,000, provided those stu- defined in this notice) at the time of Education, 400 Maryland Avenue SW., dents are served by a con- application, it must provide an room 7e208, Washington, DC 20202– sortium of at least 10 assurance that within 100 days of the 4260. Telephone: (202) 453–6800. FAX: LEAs and at least 75 per- grant award it will meet this cent of the students (202) 401–1557. requirement. If you use a telecommunications served by each LEA are (d) An applicant must demonstrate its participating students (as device for the deaf (TDD) or a text commitment to the core educational telephone (TTY), call the Federal Relay defined in this notice) ...... $5–10 assurance areas (as defined in this 5,001–10,000 ...... 10–20 Service (FRS), toll free, at 1–800–877– 10,001–25,000 ...... 20–30 notice), including, for each LEA 8339. 25,001+ ...... 30–40 included in an application, an assurance Individuals with disabilities can signed by the LEA’s superintendent or obtain a copy of the application package We will not consider an application CEO that— in an accessible format (e.g., braille, that requests a budget outside the (i) The LEA, at a minimum, will large print, audiotape, or compact disc) applicable range of awards, not implement no later than the 2014–2015 by contacting the program contact including any optional budget school year— person listed in this section. (A) A teacher evaluation system (as supplements included in the 2.a. Content and Form of Application defined in this notice); application. The Department may Submission: Requirements concerning (B) A principal evaluation system (as change the maximum amount through a the content of an application, together notice published in the Federal defined in this notice); and (C) A superintendent evaluation (as with the forms you must submit, are in Register. the application package for this Estimated Number of Awards: 15–25. defined in this notice); (ii) The LEA is committed to competition. Note: The Department is not bound by any preparing all students for college or Notice of Intent to Apply: August 30, estimates in this notice. career, as demonstrated by— 2012. We will be able to develop a more Project Period: Up to 48 months. (A) Being located in a State that has efficient process for reviewing grant adopted college- and career-ready applications if we know the III. Eligibility Information standards (as defined in this notice); or approximate number of applicants that (1) Eligible applicants: To be eligible (B) Measuring all student progress intend to apply for funding under this for a grant under this competition: and performance against college- and competition. Therefore, the Secretary (a) An applicant must be an career-ready graduation requirements strongly encourages each potential individual LEA (as defined in this (as defined in this notice); applicant to notify us of the applicant’s notice) or a consortium of LEAs from (iii) The LEA has a robust data system intent to submit an application for the 50 States, the District of Columbia, that has, at a minimum— funding by completing a Web-based and the Commonwealth of Puerto Rico. (A) An individual teacher identifier form. When completing this form, (i) LEAs may apply for all or a portion with a teacher-student match; and applicants will provide (1) the of their schools, for specific grades, or (B) The capability to provide timely applicant’s name and address; (2) for subject-area bands (e.g., lowest- data back to educators and their whether the applicant is applying as an performing schools, secondary schools, supervisors on student growth (as individual LEA or as a consortium of schools connected by a feeder pattern, defined in this notice); LEAs; (3) expected budget request; and middle school math, or preschool (iv) The LEA has the capability to (4) contact person (and phone number through third grade). receive or match student-level and email). Applicants may access this (ii) Consortia may include LEAs from preschool-through-12th grade and form online at http://www2.ed.gov/ multiple States. higher education data; and surveys/intent-rttd.html. Applicants that (iii) Each LEA may participate in only (v) The LEA ensures that any do not complete this form may still one Race to the Top—District disclosure of or access to personally apply for funding. application. identifiable information in students’ Page Limit: The application narrative (b) An applicant must serve a education records complies with is where you, the applicant, address the minimum of 2,000 participating FERPA. selection criteria and the competitive students (as defined in this notice) or (e) Required signatures for the LEA or preference priority that reviewers use to may serve fewer than 2,000 lead LEA in a consortium are those of evaluate your application. We participating students (as defined in this the superintendent or CEO, local school recommend you limit the application notice) provided those students are board president, and local teacher union narrative to no more than 70 pages, served by a consortium of at least 10 or association president (where using the following standards: LEAs and at least 75 percent of the applicable). • A ‘‘page’’ is 8.5″ x 11″, on one side students served by each LEA are (2) Cost Sharing or Matching: This only, with 1’’ margins at the top, participating students (as defined in this competition does not require cost bottom, and both sides. notice). sharing or matching. • Each page has a page number.

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• Line spacing for the narrative is set individual with a disability in application must submit signed to 1.5 spacing, and the font used is 12 connection with the application originals of Parts IV, VI, VII of the point Times New Roman. process, the individual’s application application and a signed memorandum The recommended page limit does not remains subject to all other of understanding from each member apply to the cover sheet; Parts X and XI, requirements and limitations in this LEA of the consortia (as described in the budget sections, including the notice. Part XIII of the application). narrative budget justification; Parts IV– 4. Intergovernmental Review: This All electronic application files must VII, the assurances and certifications; competition is subject to Executive be in a .DOC (document), .DOCX the resumes, the letters of support, or Order 12372 and the regulations in 34 (document), .RTF (rich text), or .PDF other appendices. However, the CFR part 79. Information about (Portable Document) format. Each file recommended page limit does apply to Intergovernmental Review of Federal name should clearly identify the part of all of the application narrative section. Programs under Executive Order 12372 the application it contains. If an b. Submission of Proprietary is in the application package for this applicant submits a file type other than Information: program. the four file types specified in this Given the types of projects that may 5. Funding Restrictions: We reference paragraph, the Department will not be proposed in applications for the Race regulations outlining funding review that material. Applicants should to the Top—District, an application may restrictions in the Applicable not password-protect these files. The CD include business information that the Regulations section of this notice. or DVD containing the application applicant considers proprietary. The 6. Data Universal Numbering System should be clearly labeled with the Department’s regulations define Number, Taxpayer Identification applicant’s name, city, State, and any ‘‘business information’’ in 34 CFR 5.11. Number, and Central Contractor other relevant information. Following the process used with our Registry: To do business with the We strongly recommend the applicant previous Race to the Top competitions, Department of Education, you must— to submit a CD or DVD of its application we plan to post funded applications on a. Have a Data Universal Numbering that includes the following files: (1) A our Web site and you may wish to System (DUNS) number and a Taxpayer single file that contains the body of the request confidentiality of business Identification Number (TIN); application, including required budget information. b. Register both your DUNS number tables, that has been converted into a Consistent with Executive Order and TIN with the Central Contractor .PDF format so that the .PDF is 12600, please designate in your Registry (CCR), the Government’s searchable. Note that a .PDF created application any information that you primary registrant database; from a scanned document will not be feel is exempt from disclosure under c. Provide your DUNS number and searchable. (2) A single file in a .PDF Exemption 4 of the Freedom of TIN on your application; and format that contains all of the required Information Act. In an attachment in the d. Maintain an active CCR registration signature pages. The signature pages Appendix, titled ‘‘Disclosure with current information while your may be scanned and turned into a PDF. Exemption,’’ please list the page number application is under review by the (3) Copies of the completed electronic or numbers on which we can find this Department and, if you are awarded a budget spreadsheets with the required information. For additional information grant, during the project period. budget tables, which should be in a please see 34 CFR 5.11(c). You can obtain a DUNS number from separate file from the body of the 3. Submission Dates and Times: Dun and Bradstreet. A DUNS number application. The spreadsheets will be Applications Available: August 16, can be created within one business day. used by the Department for budget 2012. If you are a corporate entity, agency, reviews. Each of these items must be Deadline for Notice of Intent To institution, or organization, you can clearly labeled with the LEA’s name, Apply: August 31, 2012. Submission of obtain a TIN from the Internal Revenue city, state, and any other relevant a notice of intent to apply is optional. Service. If you are an individual, you identifying information. Applicants also Date of Application Webinar: August can obtain a TIN from the Internal should not password-protect these files. 16 and 21, 2012. Revenue Service or the Social Security The Department must receive the Deadline for Transmittal of Administration. If you need a new TIN, application by 4:30:00 p.m., Applications: October 30, 2012. please allow 2–5 weeks for your TIN to Washington, DC time, on or before the Applications for grants under this become active. application deadline date. competition must be submitted in The CCR registration process may take electronic format on a CD or DVD, with five or more business days to complete. a. Submission of Applications by Mail CD–ROM or DVD–ROM preferred, by If you are currently registered with the If you submit your application by mail or hand delivery. For information CCR, you may not need to make any mail (through the U.S. Postal Service or (including dates and times) about how changes. However, please make certain a commercial carrier), we must receive to submit your application by mail or that the TIN associated with your DUNS your application (i.e., the CD or DVD, hand delivery, please refer to section IV. number is correct. Also note that you and the signed originals of Parts IV–VII 7. Other Submission Requirements of will need to update your CCR and memoranda of understanding, as this notice. registration on an annual basis. This applicable) on or before the application We do not consider an application may take three or more business days to deadline date. Therefore to avoid that does not comply with the deadline complete. delays, we strongly recommend sending requirements. 7. Other Submission Requirements: the application via overnight mail. Mail Individuals with disabilities who Applications for grants under this the original and two copies of the need an accommodation or auxiliary aid competition must be submitted in application to the Department at the in connection with the application electronic format on a CD or DVD, with following address: U.S. Department of process should contact the person listed CD–ROM or DVD–ROM preferred, by Education, Application Control Center, under FOR FURTHER INFORMATION mail or hand delivery. Individual LEA Attention: CFDA Number 84.416, LBJ CONTACT in section VII of this notice. If applicants must submit signed originals Basement Level 1, 400 Maryland the Department provides an of Parts IV, V, and VII of the application Avenue SW., Washington, DC 20202– accommodation or auxiliary aid to an and the applicant LEAs for a consortium 4260.

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If we receive an application after the (b) A list of the schools that will (a) Improve student learning application deadline, we will not participate in grant activities (as outcomes and close achievement gaps consider that application. available); and (as defined in this notice), including by (c) The total number of participating raising student achievement, high b. Submission of Applications by Hand students (as defined in this notice), school graduation rates (as defined in Delivery participating students (as defined in this this notice), and college enrollment (as If you submit your application by notice) from low-income families, defined in this notice) rates; hand delivery, you (or a courier service) participating students (as defined in this (b) Achieve ambitious and significant must deliver the original and two copies notice) who are high-need students (as reforms in its persistently lowest- of your application by hand, on or defined in this notice), and participating achieving schools (as defined in this before the application deadline date, to educators (as defined in this notice). If notice) or in its low-performing schools the Department at the following address: participating schools (as defined in this (as defined in this notice); and U.S. Department of Education, notice) have yet to be selected, the (c) Make student performance data (as Application Control Center, Attention: applicant may provide approximate defined in this notice) available to CFDA Number 84.416, 550 12th Street numbers. students, educators (as defined in this SW., Room 7041, Potomac Center Plaza, (3) The extent to which the notice), and parents in ways that inform Washington, DC 20202–4260. application includes a high-quality plan and improve participation, instruction, The Application Control Center describing how the reform proposal will and services. accepts hand deliveries daily between be scaled up and translated into (2) A high level of transparency in 8:00 a.m. and 4:30 p.m., Washington, meaningful reform to support district- LEA processes, practices, and DC time, except Saturdays, Sundays, wide change beyond the participating investments, including by making and Federal holidays. schools (as defined in this notice), and public, by school, actual school-level will help the applicant reach its expenditures for regular K–12 Note for Mail or Hand Delivery of instruction, instructional support, pupil Applications: When you mail or hand deliver outcome goals (e.g., the applicant’s logic your application to the Department— model or theory of change of how its support, and school administration. At (1) You must indicate on the envelope the plan will improve student learning a minimum, this information must CFDA number, including suffix letter, if any, outcomes for all students who would be include a description of the extent to of the competition under which you are served by the applicant). which the applicant already makes submitting your application; and (4) The extent to which the available the following four categories of (2) The Application Control Center will applicant’s vision is likely to result in school-level expenditures from State mail to you a notification of receipt of your and local funds: grant application. If you do not receive this improved student learning and performance and increased equity as (a) Actual personnel salaries at the notification within 15 business days from the school level for all school-level application deadline date, you should call demonstrated by ambitious yet the U.S. Department of Education achievable annual goals that are equal to instructional and support staff, based on Application Control Center at (202) 245– or exceed State ESEA targets for the the U.S. Census Bureau’s classification 6288. LEA(s), overall and by student subgroup used in the F–33 survey of local (as defined in this notice), for each government finances (information on V. Application Review Information participating LEA in the following areas: the survey can be found at http:// (a) Performance on summative nces.ed.gov/ccd/f33agency.asp); 1. Selection Criteria: The selection (b) Actual personnel salaries at the assessments (proficiency status and criteria for this program are as follows: school level for instructional staff only; growth). A. Vision (c) Actual personnel salaries at the (b) Decreasing achievement gaps (as school level for teachers only; and (1) The extent to which the applicant defined in this notice). (d) Actual non-personnel has set forth a comprehensive and (c) Graduation rates (as defined in this expenditures at the school level (if coherent reform vision that builds on its notice). available). work in four core educational assurance (d) College enrollment (as defined in (3) Successful conditions and areas (as defined in this notice) and this notice) rates. sufficient autonomy under State legal, articulates a clear and credible approach Optional: The extent to which the statutory, and regulatory requirements to the goals of accelerating student applicant’s vision is likely to result in to implement the personalized learning achievement, deepening student improved student learning and environments described in the learning, and increasing equity through performance and increased equity as applicant’s proposal; personalized student support grounded demonstrated by ambitious yet (4) Meaningful stakeholder in common and individual tasks that are achievable annual goals for each engagement in the development of the based on student academic interests. participating LEA in the following area: proposal and meaningful stakeholder (2) The extent to which the (e) Postsecondary degree attainment. support for the proposal, including— applicant’s approach to implementing (a) A description of how students, B. Prior Record of Success and its reform proposal (e.g., schools, grade families, teachers, and principals in Conditions for Reform bands, or subject areas) will support participating schools (as defined in this high-quality LEA-level and school-level The extent to which each LEA has notice) were engaged in the implementation of that proposal, demonstrated evidence of— development of the proposal and, as including— (1) A clear record of success in the appropriate, how the proposal was (a) A description of the process that past four years in advancing student revised based on their engagement and the applicant used or will use to select learning and achievement and feedback, including— schools to participate. The process must increasing equity in learning and (i) For LEAs with collective ensure that the participating schools (as teaching, including a description, charts bargaining representation, evidence of defined in this notice) collectively meet or graphs, raw student data, and other direct engagement and support for the the competition’s eligibility evidence that demonstrates the proposals from teachers in participating requirements; applicant’s ability to— schools (as defined in this notice); or

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(ii) For LEAs without collective (iv) Have access and exposure to career-ready graduation requirements bargaining representation, at a diverse cultures, contexts, and (as defined in this notice) by enabling minimum, evidence that at least 70 perspectives that motivate and deepen the full implementation of personalized percent of teachers from participating individual student learning; and learning and teaching for all students schools (as defined in this notice) (v) Master critical academic content such that: support the proposal; and and develop skills and traits such as (a) All participating educators (as (b) Letters of support from such key goal-setting, teamwork, perseverance, defined in this notice) engage in stakeholders as parents and parent critical thinking, communication, training, and in professional teams or organizations, student organizations, creativity, and problem-solving; communities, that supports their early learning programs, tribes, the (b) With the support of parents and individual and collective capacity to— business community, civil rights educators, there is a strategy to ensure (i) Support the effective organizations, advocacy groups, local that each student has access to— implementation of personalized civic and community-based (i) A personalized sequence of learning environments and strategies organizations, and institutions of higher instructional content and skill that meet each student’s academic needs education; and development designed to enable the and help ensure all students can (5) A high-quality plan for an analysis student to achieve his or her individual graduate on time and college- and of the applicant’s current status in learning goals and ensure he or she can career-ready; implementing personalized learning graduate on time and college- and (ii) Adapt content and instruction, environments and the logic behind the career-ready; providing opportunities for students to reform proposal contained within the (ii) A variety of high-quality engage in common and individual tasks, applicant’s proposal, including instructional approaches and in response to their academic needs, identified needs and gaps that the plan environments; academic interests, and optimal learning (iii) High-quality content, including will address. approaches (e.g., discussion and digital learning content (as defined in collaborative work, project-based C. Preparing Students for College and this notice) as appropriate, aligned with learning, videos, audio, manipulatives); Careers college- and career-ready standards (as (iii) Frequently measure student The extent to which the applicant has defined in this notice) or college- and progress toward meeting college- and a high-quality plan for improving career-ready graduation requirements career-ready standards (as defined in learning and teaching by personalizing (as defined in this notice); this notice), or college- and career-ready (iv) Ongoing and regular feedback, the learning environment in order to graduation requirements (as defined in including, at a minimum—- provide all students the support to this notice) and use data to inform both (A) Frequently updated individual graduate college- and career-ready. This the acceleration of student progress and student data that can be used to plan must include an approach to the improvement of the individual and determine progress toward mastery of implementing instructional strategies collective practice of educators; and college- and career-ready standards (as (iv) Improve teachers’ and principals’ for all participating students (as defined defined in this notice), or college- and practice and effectiveness by using in this notice) that enable participating career-ready graduation requirements; feedback provided by the LEA’s teacher students to pursue a rigorous course of and and principal evaluation systems (as study aligned to college- and career- (B) Personalized learning defined in this notice), including ready standards (as defined in this recommendations based on the frequent feedback on individual and notice) and college- and career-ready student’s current knowledge and skills, collective effectiveness, as well as by graduation requirements (as defined in college- and career-ready standards (as providing recommendations, supports this notice) and accelerate his or her defined in this notice) or college- and and interventions as needed for learning through support of his or her career-ready graduation requirements improvement. needs. The quality of the plan will be (as defined in this notice), and available (b) All participating educators (as assessed based on the extent to which content, instructional approaches, and defined in this notice) have access to, the applicant proposes an approach that supports; and and know how to use, tools, data, and includes the following: (v) Accommodations and high-quality resources to accelerate student progress (1) Learning: An approach to learning strategies for high-need students (as toward meeting college- and career- that engages and empowers all learners, defined in this notice) to help ensure ready graduation requirements (as in particular high-need students, in an that they are on track toward meeting defined in this notice). Those resources age-appropriate manner such that: college- and career-ready standards (as must include— (a) With the support of parents and defined in this notice) or college- and (i) Actionable information that helps educators, all students— career-ready graduation requirements educators (as defined in this notice) (i) Understand that what they are (as defined in this notice); and identify optimal learning approaches learning is key to their success in (c) Mechanisms are in place to that respond to individual student accomplishing their goals; provide training and support to students academic needs and interests; (ii) Identify and pursue learning and that will ensure that they understand (ii) High-quality learning resources development goals linked to college- how to use the tools and resources (e.g., instructional content and and career-ready standards (as defined provided to them in order to track and assessments), including digital in this notice) or college- and career- manage their learning. resources, as appropriate, that are ready graduation requirements (as (2) Teaching and Leading: An aligned with college- and career-ready defined in this notice), understand how approach to teaching and leading that standards (as defined in this notice) or to structure their learning to achieve helps educators (as defined in this college- and career-ready graduation their goals, and measure progress notice) to improve instruction and requirements (as defined in this notice), toward those goals; increase their capacity to support and the tools to create and share new (iii) Are able to be involved in deep student progress toward meeting resources; and learning experiences in areas of college- and career-ready standards (as (iii) Processes and tools to match academic interest; defined in this notice) or college- and student needs (see Selection Criterion

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(C)(2)(b)(i)) with specific resources and this notice) with sufficient flexibility process that provides timely and regular approaches (see Selection Criterion and autonomy over factors such as feedback on progress toward project (C)(2)(b)(ii)) to provide continuously school schedules and calendars, school goals and opportunities for ongoing improving feedback about the personnel decisions and staffing corrections and improvements during effectiveness of the resources in meeting models, roles and responsibilities for and after the term of the grant. The student needs. educators and noneducators, and strategy must address how the applicant (c) All participating school leaders school-level budgets; will monitor, measure, and publicly and school leadership teams (as defined (c) Giving students the opportunity to share information on the quality of its in this notice) have training, policies, progress and earn credit based on investments funded by Race to the tools, data, and resources that enable demonstrated mastery, not the amount Top—District, such as investments in them to structure an effective learning of time spent on a topic; professional development, technology, environment that meets individual (d) Giving students the opportunity to and staff; student academic needs and accelerates demonstrate mastery of standards at student progress through common and multiple times and in multiple (2) Strategies for ongoing individual tasks toward meeting college- comparable ways; and communication and engagement with and career-ready standards (as defined (e) Providing learning resources and internal and external stakeholders; and in this notice) or college- and career- instructional practices that are (3) Ambitious yet achievable ready graduation requirements (as adaptable and fully accessible to all performance measures, overall and by defined in this notice). The training, students, including students with subgroup, with annual targets for policies, tools, data, and resources must disabilities and English learners; and required and applicant-proposed include: (2) The LEA and school infrastructure performance measures. For each (i) Information, from such sources as supports personalized learning by— applicant-proposed measure, the the district’s teacher evaluation system (a) Ensuring that all participating applicant must describe— (as defined in this notice), that helps students(as defined in this notice), (a) Its rationale for selecting that school leaders and school leadership parents, educators (as defined in this measure; teams (as defined in this notice) assess, notice), and other stakeholders (as and take steps to improve, individual appropriate and relevant to student (b) How the measure will provide and collective educator effectiveness learning), regardless of income, have rigorous, timely, and formative leading and school culture and climate, for the access to necessary content, tools, and information tailored to its proposed purpose of continuous school other learning resources both in and out plan and theory of action regarding the improvement; and of school to support the implementation applicant’s implementation success or (ii) Training, systems, and practices to of the applicant’s proposal; areas of concern; and (b) Ensuring that students, parents, continuously improve school progress (c) How it will review and improve educators, and other stakeholders (as toward the goals of increasing student the measure over time if it is insufficient appropriate and relevant to student performance and closing achievement to gauge implementation progress. gaps (as defined in this notice). learning) have appropriate levels of (d) The applicant has a high-quality technical support, which may be The applicant must have a total of plan for increasing the number of provided through a range of strategies approximately 12 to 14 performance students who receive instruction from (e.g., peer support, online support, or measures. effective and highly effective teachers local support); The chart below outlines the required and principals (as defined in this (c) Using information technology and applicant-proposed performance notice), including in hard-to-staff systems that allow parents and students measures based on an applicant’s schools, subjects (such as mathematics to export their information in an open applicable population. and science), and specialty areas (such data format (as defined in this notice) as special education). and to use the data in other electronic Applicable learning systems (e.g., electronic tutors, population Performance measure D. LEA Policy and Infrastructure tools that make recommendations for The extent to which the applicant has additional learning supports, or All ...... (a) The number and percent- a high-quality plan to support project software that securely stores personal age of participating stu- implementation through comprehensive records); and dents, by subgroup (as policies and infrastructure that provide (d) Ensuring that LEAs and schools defined in this notice), every student, educator (as defined in use interoperable data systems (as whose teacher of record (as defined in this notice) this notice), and level of the education defined in this notice) (e.g., systems that and principal are a highly system (classroom, school, and LEA) include human resources data, student effective teacher (as de- with the support and resources they information data, budget data, and fined in this notice) and a need, when and where they are needed. instructional improvement system data). highly effective principal The quality of the plan will be (as defined in this notice); E. Continuous Improvement determined based on the extent to and which— Because the applicant’s high-quality (b) The number and percent- (1) The applicant has practices, plan represents the best thinking at a age of participating stu- policies, and rules that facilitate point in time, and may require dents, by subgroup (as personalized learning by— adjustments and revisions during defined in this notice), (a) Organizing the LEA central office, implementation, it is vital that the whose teacher of record applicant have a clear and high-quality (as defined in this notice) or the consortium governance structure and principal are an effec- (as defined in this notice), to provide approach to continuously improve its tive teacher (as defined in support and services to all participating plan. This will be determined by the this notice) and an effec- schools (as defined in this notice); extent to which the applicant has— tive principal (as defined in (b) Providing school leadership teams (1) A strategy for implementing a this notice). in participating schools (as defined in rigorous continuous improvement

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Applicable Applicable budget assumptions, potential sources, population Performance measure population Performance measure and uses of funds.

PreK–3 ...... (a) Applicant must propose (e) Applicant must propose G. Optional Budget Supplement at least one age- appro- at least one grade-appro- An eligible applicant may apply for priate measure of stu- priate health or social- additional funding (beyond the dents’ academic growth emotional leading indicator applicable maximum level provided) up (e.g., language and lit- of successful implementa- to a maximum of $2 million for each eracy development or cog- tion of its plan. nition and general learn- optional budget supplement to address a specific area that is supplemental to ing, including early mathe- (4) Plans to evaluate the effectiveness the plan for addressing Absolute matics and early scientific of Race to the Top—District funded Priority 1. The request for additional development); and activities, such as professional funding must be designed as a separate (b) Applicant must propose development and activities that employ at least one age-appro- project that, if not funded, will not technology, and to more productively priate non-cognitive indi- adversely affect the applicant’s ability to use time, staff, money, or other cator of growth (e.g., implement its proposal and meet resources in order to improve results, physical well-being and Absolute Priority 1. motor development, or so- through such strategies as improved use Applications for this funding will be cial-emotional develop- of technology, working with community judged on the extent to which the ment). partners, compensation reform, and applicant has a clear, discrete, and modification of school schedules and 4–8 ...... (a) The number and percent- innovative solution that can be structures (e.g., service delivery, school replicated in schools across the Nation. age of participating stu- leadership teams (as defined in this dents, by subgroup, who In determining the extent to which the are on track to college- notice), and decision-making request for an optional budget and career-readiness structures). supplement meets this standard, the based on the applicant’s F. Budget and Sustainability Department will consider— on-track indicator (as de- (1) The rationale for the specific area fined in this notice); The extent to which— or population that the applicant will (b) Applicant must propose (1) The applicant’s budget, including address (e.g., strategies to assess hard to at least one grade-appro- the budget narrative and tables— measure skills and traits such as priate academic leading (a) Identifies all funds that will perseverance, critical thinking, and indicator of successful im- support the project (e.g., Race to the plementation of its plan; communication; strategies for increasing Top—District grant; external foundation diversity across schools and LEAs and and support; LEA, State, and other Federal (c) Applicant must propose within schools and classrooms; data at least one grade-appro- funds); and systems; predictive algorithms; content- priate health or social- (b) Is reasonable and sufficient to tagging schemes; new curriculum and emotional leading indicator support the development and online supports for students re-entering of successful implementa- implementation of the applicant’s school from the juvenile justice system; tion of its plan. proposal; and or a credit recovery program design to 9–12 ...... (a) The number and percent- (c) Clearly provides a thoughtful support English learners newly entering age of participating stu- rationale for investments and priorities, into secondary school and the quality dents who complete and including— submit the Free Applica- and feasibility of the proposal for (i) A description of all of the funds addressing that area); tion for Federal Student (e.g., Race to the Top—District grant; Aid (FAFSA) form; (2) A high-quality plan for how the external foundation support; LEA, State, (b) The number and percent- applicant would carry out activities that age of participating stu- and other Federal funds) that the would be co-developed and dents, by subgroup, who applicant will use to support the implemented across two or more LEAs are on track to college- implementation of the proposal, (either participating in the full Race to and career-readiness including total revenue from these the Top—District application, or not based on the applicant’s sources; and participating in the full Race to the on-track indicator (as de- (ii) Identification of the funds that Top—District application); and fined in this notice); will be used for one-time investments (3) The proposed budget (up to $2 (c) Applicant must propose versus those that will be used for million) for each budget supplement, at least one measure of ongoing operational costs that will be career-readiness in order and the extent to which the proposed to assess the number and incurred during and after the grant budget will be adequate to support the percentage of participating period, as described in the proposed development and implementation of students who are or are budget and budget narrative, with a activities that meet the requirements of on track to being career- focus on strategies that will ensure the this notice, including the ready; long-term sustainability of the reasonableness of the costs in relation to (d) Applicant must propose personalized learning environments; the objectives, design, and significance at least one grade-appro- and of the proposed project activities and priate academic leading (2) The applicant has a high-quality the number of students to be served. indicator of successful im- plan for sustainability of the project’s NOTE, an optional budget supplement plementation of its plan; goals after the term of the grant. The may include a proposal to utilize, across and plan should include support from State two or more districts, robust measures and local government leaders and of student status and growth that assess financial support. Such a plan may hard to measure skills and traits such as include a budget for the three years after goal-setting, teamwork, perseverance, the term of the grant that includes critical thinking, communication,

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creativity, and problem-solving across 2. Administrative and National Policy Funding Accountability and multiple academic domains and enable Requirements: We identify Transparency Act (FFATA) for evaluation of group and individual administrative and national policy subaward and executive compensation learning experiences. The Department requirements in the application package data. Grantees, referred to as ‘‘prime believes that utilizing these measures and reference these and other awardees,’’ must report using the will contribute to the continuous requirements in the Applicable FFATA Subaward Reporting System improvement of personalized learning Regulations section of this notice. (FSRS), and must, therefore, register in experiences and the tools and resources We reference the regulations outlining FSRS. More specific information that support their implementation. the terms and conditions of an award in regarding the FFATA reporting Peer reviewers will use the scoring the Applicable Regulations section of requirements will be provided after the rubric that can be found in Appendix A this notice and include these and other grants are awarded. of this notice when scoring the selection specific conditions in the GAN. The 4. Continuation Awards: The criteria. GAN also incorporates your approved Department may provide full funding 2. Review and Selection Process: In application as part of your binding for the entire project period to selecting grantees, the Secretary may commitments under the grant. successful applicants from the FY 2012 consider high-ranking applications 3. Reporting: Each grantee receiving funds currently available or may meeting Absolute Priorities 2 through 5 Race to the Top—District funds must provide funding for an initial budget separately to ensure that there is a submit to the Department an annual period from the FY 2012 funds. diversity of winning LEA applications report that must include a description of Depending upon the amount of funding from within States that have and have its progress to date on its goals, provided in the initial awards and the not previously received awards under timelines, activities, deliverables, and availability of funds, the Department Race to the Top, and from both non- budgets, and a comparison of actual may make continuation awards for rural and rural LEAs (as defined in this performance to the annual targets the subsequent fiscal years in accordance notice). grantee established in its application for with 34 CFR 75.253. In making such We remind potential applicants that each performance measure. Further, a continuation awards, the Secretary may in reviewing applications in any grantee receiving funds under this consider, under 34 CFR 75.253, the discretionary grant competition, the program is accountable for meeting the extent to which a grantee has made Secretary may consider, under 34 CFR goals, timelines, activities, deliverables, ‘‘substantial progress toward meeting 75.217(d)(3), the past performance of the budget, and annual targets established the objectives in its approved applicant in carrying out a previous in the application; adhering to an application.’’ This consideration award, such as the applicant’s use of annual fund drawdown schedule that is includes the review of a grantee’s funds, achievement of project tied to meeting these goals, timelines, progress in meeting the targets and objectives, and compliance with grant activities, deliverables, budget, and projected outcomes in its approved conditions. The Secretary may also annual targets; and fulfilling and application, and whether the grantee consider whether the applicant failed to maintaining all other conditions for the has expended funds in a manner that is submit a timely performance report or conduct of the project. The Department consistent with its approved application submitted a report of unacceptable will monitor a grantee’s progress in and budget. In making a continuation quality. meeting its goals, timelines, activities, grant, the Secretary also considers In addition, in making a competitive deliverables, budget, and annual targets whether the grantee is operating in grant award, the Secretary also requires and in fulfilling other applicable compliance with the assurances in its various assurances including those requirements. In addition, the approved application, including those applicable to Federal civil rights laws Department may collect additional data applicable to Federal civil rights laws that prohibit discrimination in programs as part of a grantee’s annual reporting that prohibit discrimination in programs or activities receiving Federal financial requirements. or activities receiving Federal financial assistance from the Department of To support a collaborative process assistance from the Department (34 CFR Education (34 CFR 100.4, 104.5, 106.4, between the grantee and the 100.4, 104.5, 106.4, 108.8, and 110.23). 108.8, and 110.23). Department, the Department may 3. Special Conditions: Under 34 CFR require that applicants that are selected VII. Agency Contact 74.14 and 80.12, the Secretary may to receive an award enter into a written FOR FURTHER INFORMATION CONTACT: impose special conditions on a grant if performance agreement or cooperative Meredith Farace, U.S. Department of the applicant or grantee is not agreement with, or complete a scope of Education, 400 Maryland Avenue SW., financially stable; has a history of work to be approved by, the room 7e280, Washington, DC 20202. unsatisfactory performance; has a Department. If the Department Telephone: (202) 453–6800 or by email: financial or other management system determines that a grantee is not meeting [email protected]. that does not meet the standards in 34 its goals, timelines, activities, If you use a TDD or a TTY, call the CFR parts 74 or 80, as applicable; has deliverables, budget, or annual targets or FRS, toll free, at 1–800–877–8339. not fulfilled the conditions of a prior is not fulfilling other applicable VIII. Other Information grant; or is otherwise not responsible. requirements, the Department will take appropriate action, which could include Accessible Format: Individuals with VI. Award Administration Information a collaborative process between the disabilities can obtain this document 1. Award Notices: If your application Department and the grantee, or and a copy of the application package in is successful, we notify your U.S. enforcement measures with respect to an accessible format (e.g., braille, large Representative and U.S. Senators and this grant, such as placing the grantee in print, audiotape, or compact disc) on send you a Grant Award Notification high-risk status, putting it on request to the program contact person (GAN). We also may notify you reimbursement payment status, or listed under FOR FURTHER INFORMATION informally. delaying or withholding funds. CONTACT in section VII of this notice. If your application is not evaluated or An LEA that receives a Race to the Electronic Access to This Document: not selected for funding, we will notify Top—District grant must also meet the The official version of this document is you. reporting requirements for the Federal the document published in the Federal

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Register. Free Internet access to the text or Adobe Portable Document Specifically, through the advanced official edition of the Federal Register Format (PDF). To use PDF you must search feature at this site, you can limit and the Code of Federal Regulations is have Adobe Acrobat Reader, which is your search to documents published by available via the Federal Digital System available free at the site. the Department. at: www.gpo.gov/fdsys. At this site you You may also access documents of the Dated: August 10, 2012. can view this document, as well as all Department published in the Federal Arne Duncan, other documents of this Department Register by using the article search Secretary of Education. published in the Federal Register, in feature at: www.federalregister.gov. BILLING CODE 4000–01–P

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[FR Doc. 2012–20037 Filed 8–15–12; 8:45 am] BILLING CODE 4000–01–C

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Part V

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2012–13 Season; Proposed Rule

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DEPARTMENT OF THE INTERIOR migratory bird hunting regulations for Indians on these lands. In such cases, 30 Indian Tribes, based on the input we we encourage the Tribes and States to Fish and Wildlife Service received in response to the April 17, reach agreement on regulations that 2012, proposed rule, and our previous would apply throughout the 50 CFR Part 20 rules. As described in that proposed reservations. When appropriate, we will [Docket No. FWS–R9–MB–2012–0005; rule, the promulgation of annual consult with a Tribe and State with the FF09M21200–123–FXMB1231099BPP0L2] migratory bird hunting regulations aim of facilitating an accord. We also involves a series of rulemaking actions will consult jointly with tribal and State RIN 1018–AX97 each year. This proposed rule is part of officials in the affected States where that series. Tribes wish to establish special hunting Migratory Bird Hunting; Proposed We developed the guidelines for regulations for tribal members on ceded Migratory Bird Hunting Regulations on establishing special migratory bird lands. Because of past questions Certain Federal Indian Reservations hunting regulations for Indian Tribes in regarding interpretation of what events and Ceded Lands for the 2012–13 response to tribal requests for trigger the consultation process, as well Season recognition of their reserved hunting as who initiates it, we provide the AGENCY: Fish and Wildlife Service, rights and, for some Tribes, recognition following clarification. Interior. of their authority to regulate hunting by We routinely provide copies of ACTION: Proposed rule. both tribal and nontribal hunters on Federal Register publications pertaining their reservations. The guidelines to migratory bird management to all SUMMARY: The U.S. Fish and Wildlife include possibilities for: State Directors, Tribes, and other Service (hereinafter, Service or we) (1) On-reservation hunting by both interested parties. It is the responsibility proposes special migratory bird hunting tribal and nontribal hunters, with of the States, Tribes, and others to notify regulations for certain Tribes on Federal hunting by nontribal hunters on some us of any concern regarding any Indian reservations, off-reservation trust reservations to take place within Federal feature(s) of any regulations. When we lands, and ceded lands for the 2012–13 frameworks but on dates different from receive such notification, we will migratory bird hunting season. those selected by the surrounding initiate consultation. DATES: We will accept all comments on State(s); Our guidelines provide for the the proposed regulations that are (2) On-reservation hunting by tribal continued harvest of waterfowl and members only, outside of the usual postmarked or received in our office by other migratory game birds by tribal Federal frameworks for season dates and August 27, 2012. members on reservations where such length, and for daily bag and possession harvest has been a customary practice. ADDRESSES: You may submit comments limits; and We do not oppose this harvest, provided on the proposals by one of the following (3) Off-reservation hunting by tribal it does not take place during the closed methods: members on ceded lands, outside of season defined by the Treaty, and does • Federal eRulemaking Portal: http:// usual framework dates and season not adversely affect the status of the www.regulations.gov. Follow the length, with some added flexibility in migratory bird resource. Before instructions for submitting comments daily bag and possession limits. developing the guidelines, we reviewed on Docket No. FWS–R9–MB–2012– In all cases, the regulations available information on the current 0005. established under the guidelines must status of migratory bird populations, • U.S. mail or hand-delivery: Public be consistent with the March 10 to reviewed the current status of migratory Comments Processing, Attn: FWS–R9– September 1 closed season mandated by bird hunting on Federal Indian MB–2012–0005; Division of Policy and the 1916 Convention between the reservations, and evaluated the potential Directives Management; U.S. Fish and United States and Great Britain (for impact of such guidelines on migratory Wildlife Service; 4401 N. Fairfax Drive, Canada) for the Protection of Migratory birds. We concluded that the impact of MS 2042–PDM; Arlington, VA 22203. Birds (Treaty). The guidelines apply to We will not accept emailed or faxed migratory bird harvest by tribal those Tribes having recognized reserved members hunting on their reservations comments. We will post all comments hunting rights on Federal Indian on http://www.regulations.gov. This is minimal. reservations (including off-reservation One area of interest in Indian generally means that we will post any trust lands) and on ceded lands. They migratory bird hunting regulations personal information you provide us also apply to establishing migratory bird relates to hunting seasons for nontribal (see the Public Comments section below hunting regulations for nontribal hunters on dates that are within Federal for more information). hunters on all lands within the exterior frameworks, but which are different FOR FURTHER INFORMATION CONTACT: Ron boundaries of reservations where Tribes from those established by the State(s) W. Kokel, at: Division of Migratory Bird have full wildlife management authority where the reservation is located. A large Management, U.S. Fish and Wildlife over such hunting or where the Tribes influx of nontribal hunters onto a Service, Department of the Interior, MS and affected States otherwise have reservation at a time when the season is MBSP–4107–ARLSQ, 1849 C Street reached agreement over hunting by closed in the surrounding State(s) could NW., Washington, DC 20240; (703) 358– nontribal hunters on lands owned by result in adverse population impacts on 1714. non-Indians within the reservation. one or more migratory bird species. The SUPPLEMENTARY INFORMATION: In the Tribes usually have the authority to guidelines make this unlikely, however, April 17, 2012, Federal Register (77 FR regulate migratory bird hunting by because tribal proposals must include: 23094), we requested proposals from nonmembers on Indian-owned (a) Harvest anticipated under the Indian Tribes wishing to establish reservation lands, subject to Service requested regulations; special migratory bird hunting approval. The question of jurisdiction is (b) Methods that will be employed to regulations for the 2012–13 hunting more complex on reservations that measure or monitor harvest (such as bag season, under the guidelines described include lands owned by non-Indians, checks, mail questionnaires, etc.); in the June 4, 1985, Federal Register (50 especially when the surrounding States (c) Steps that will be taken to limit FR 23467). In this supplemental have established or intend to establish level of harvest, where it could be proposed rule, we propose special regulations governing hunting by non- shown that failure to limit such harvest

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would adversely impact the migratory from various reports and provided in be published in mid-August, and the bird resource; and the July 20, 2012, Federal Register (77 final frameworks for the late seasons (d) Tribal capabilities to establish and FR 42920). For more detailed will be published in mid-September. We enforce migratory bird hunting information on methodologies and will notify affected Tribes of season regulations. results, you may obtain complete copies dates, bag limits, etc., as soon as final We may modify regulations or of the various reports at the address frameworks are established. As establish experimental special hunts, indicated under FOR FURTHER previously discussed, no action is after evaluation and confirmation of INFORMATION CONTACT, from our Web site required by Tribes wishing to observe harvest information obtained by the at http://www.fws.gov/migratorybirds/ migratory bird hunting regulations Tribes. NewsPublicationsReports.html, or from established by the State(s) where they We believe the guidelines provide http://www.regulations.gov. are located. The proposed regulations appropriate opportunity to for the 30 Tribes that meet the Hunting Season Proposals From Indian accommodate the reserved hunting established criteria are shown below. rights and management authority of Tribes and Organizations Indian Tribes while ensuring that the For the 2012–13 hunting season, we (a) Colorado River Indian Tribes, migratory bird resource receives received requests from 24 Tribes and Colorado River Indian Reservation, necessary protection. The conservation Indian organizations. In this proposed Parker, Arizona (Tribal Members and of this important international resource rule, we respond to these requests and Nontribal Hunters) is paramount. The guidelines should not also evaluate anticipated requests for six The Colorado River Indian be viewed as inflexible. In this regard, Tribes from whom we usually hear but Reservation is located in Arizona and we note that they have been employed from whom we have not yet received California. The Tribes own almost all successfully since 1985. We believe they proposals. We actively solicit regulatory lands on the reservation, and have full have been tested adequately and, proposals from other tribal groups that wildlife management authority. therefore, we made them final beginning are interested in working cooperatively In their 2012–13 proposal, the with the 1988–89 hunting season (53 FR for the benefit of waterfowl and other Colorado River Indian Tribes requested 31612, August 18, 1988). We should migratory game birds. We encourage split dove seasons. They propose that stress here, however, that use of the Tribes to work with us to develop their early season begin September 1 guidelines is not mandatory and no agreements for management of and end September 15, 2012. Daily bag action is required if a Tribe wishes to migratory bird resources on tribal lands. limits would be 10 mourning or white- observe the hunting regulations It should be noted that this proposed winged doves in the aggregate. The late established by the State(s) in which the rule includes generalized regulations for season for doves is proposed to open reservation is located. both early- and late-season hunting. A November 10, 2012, and close December final rule will be published in a late- 24, 2012. The daily bag limit would be Service Migratory Bird Regulations August 2012 Federal Register that will 10 mourning doves. The possession Committee Meetings include tribal regulations for the early- limit would be twice the daily bag limit Participants at the June 19–20, 2012, hunting season. Early seasons generally after the first day of the season. meetings reviewed information on the begin around September 1 each year and Shooting hours would be from one-half current status of migratory shore and most commonly include such species as hour before sunrise to noon in the early upland game birds and developed 2012– American woodcock, sandhill cranes, season and until sunset in the late 13 migratory game bird regulations mourning doves, and white-winged season. Other special tribally set recommendations for these species plus doves. Late seasons generally begin on regulations would apply. regulations for migratory game birds in or around September 24 and most The Tribes also propose duck hunting Alaska, Puerto Rico, and the U.S. Virgin commonly include waterfowl species. seasons. The season would open Islands; special September waterfowl In this current rulemaking, because of October 6, 2012, and run until January seasons in designated States; special sea the compressed timeframe for 20, 2013. The Tribes propose the same duck seasons in the Atlantic Flyway; establishing regulations for Indian season dates for mergansers, coots, and and extended falconry seasons. In Tribes and because final frameworks common moorhens. The daily bag limit addition, we reviewed and discussed dates and other specific information are for ducks, including mergansers, would preliminary information on the status of not available, the regulations for many be seven, except that the daily bag limits waterfowl. tribal hunting seasons are described in could contain no more than two hen Participants at the previously relation to the season dates, season mallards, two redheads, two Mexican announced July 25–26, 2012, meetings length, and limits that will be permitted ducks, two goldeneye, three scaup, one will review information on the current when final Federal frameworks are pintail, two cinnamon teal, and one status of waterfowl and develop announced for early- and late-season canvasback. The possession limit would recommendations for the 2012–13 regulations. For example, daily bag and be twice the daily bag limit after the first regulations pertaining to regular possession limits for ducks on some day of the season. The daily bag and waterfowl seasons and other species and areas are shown as the same as possession limit for coots and common seasons not previously discussed at the permitted in Pacific Flyway States moorhens would be 25, singly or in the early-season meetings. In accordance under final Federal frameworks, and aggregate. with Department of the Interior policy, limits for geese will be shown as the For geese, the Colorado River Indian these meetings are open to public same permitted by the State(s) in which Tribes propose a season of October 13, observation and you may submit the tribal hunting area is located. 2012, through January 20, 2013. The comments on the matters discussed. The proposed frameworks for early- daily bag limit for geese would be three season regulations were published in light geese and three dark geese. The Population Status and Harvest the Federal Register on July 20, 2012 possession limit would be six light Preliminary information on the status (77 FR 42920); early-season final geese and six dark geese after opening of waterfowl and information on the frameworks will be published in late day. status and harvest of migratory shore August. Proposed late-season In 1996, the Tribes conducted a and upland game birds was excerpted frameworks for waterfowl and coots will detailed assessment of dove hunting.

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Results showed approximately 16,100 1994–95 hunting seasons indicated no Daily Bag Limit: Two sandhill cranes. mourning doves and 13,600 white- significant changes in harvest levels and A crane carcass tag is required prior to winged doves were harvested by that the large majority of the harvest is hunting. approximately 2,660 hunters who by nontribal hunters. Coots and Common Moorhens averaged 1.45 hunter-days. Field We propose to approve the Tribes’ (Common Gallinules): observations and permit sales indicate request for special migratory bird A. 1854 and 1837 Ceded Territories: that fewer than 200 hunters participate regulations for the 2012–13 hunting Season Dates: Begin September 15 in waterfowl seasons. Under the season. and end November 25, 2012. proposed regulations described here and Daily Bag Limit: 20 coots and (c) Fond du Lac Band of Lake Superior based upon past seasons, we and the common moorhens, singly or in the Tribes estimate harvest will be similar. Chippewa Indians, Cloquet, Minnesota aggregate. Hunters must have a valid Colorado (Tribal Members Only) B. Reservation: River Indian Reservation hunting permit Since 1996, the Service and the Fond Season Dates: Begin September 1 and and a Federal Migratory Bird Stamp in du Lac Band of Lake Superior Chippewa end November 25, 2012. their possession while hunting. Other Indians have cooperated to establish Daily Bag Limit: 20 coots and special tribally set regulations would special migratory bird hunting common moorhens, singly or in the apply. As in the past, the regulations regulations for tribal members. The aggregate. would apply both to tribal and nontribal Fond du Lac’s May 26, 2012, proposal Sora and Virginia Rails: All Areas: hunters, and nontoxic shot is required covers land set apart for the band under Season Dates: Begin September 1 and for waterfowl hunting. the Treaties of 1837 and 1854 in end November 25, 2012. We propose to approve the Colorado northeastern and east-central Minnesota Daily Bag Limit: 25 sora and Virginia River Indian Tribes regulations for the and the Band’s Reservation near Duluth. rails, singly or in the aggregate. 2012–13 hunting season, given the The band’s proposal for 2012–13 is Common Snipe: All Areas: seasons’ dates fall within final flyway essentially the same as that approved Season Dates: Begin September 1 and frameworks (applies to nontribal last year except for an expansion of the end November 25, 2012. hunters only). sandhill crane season to include both Daily Bag Limit: Eight common snipe. the 1854 and 1837 ceded territories only Woodcock: All Areas: (b) Confederated Salish and Kootenai Season Dates: Begin September 1 and Tribes, Flathead Indian Reservation, and not reservation lands. The proposed 2012–13 waterfowl hunting season end November 25, 2012. Pablo, Montana (Tribal and Nontribal Daily Bag Limit: Three woodcock. Hunters) regulations for Fond du Lac are as follows: Mourning Dove: All Areas For the past several years, the Ducks: Season Dates: Begin September 1 and Confederated Salish and Kootenai A. 1854 and 1837 Ceded Territories: end October 30, 2012. Tribes and the State of Montana have Season Dates: Begin September 15 Daily Bag Limit: 30 mourning doves. entered into cooperative agreements for and end November 25, 2012. The following general conditions the regulation of hunting on the Daily Bag Limit: 18 ducks, including apply: Flathead Indian Reservation. The State no more than 12 mallards (only 3 of 1. While hunting waterfowl, a tribal and the Tribes are currently operating which may be hens), 9 black ducks, 9 member must carry on his/her person a under a cooperative agreement signed in scaup, 9 wood ducks, 9 redheads, 9 valid Ceded Territory License. 1990 that addresses fishing and hunting pintails, and 9 canvasbacks. 2. Shooting hours for migratory birds management and regulation issues of B. Reservation: are one-half hour before sunrise to one- mutual concern. This agreement enables Season Dates: Begin September 1 and half hour after sunset. all hunters to utilize waterfowl hunting end November 25, 2012. 3. Except as otherwise noted, tribal opportunities on the reservation. Daily Bag Limit: 12 ducks, including members will be required to comply As in the past, tribal regulations for no more than 8 mallards (only 2 of with tribal codes that will be no less nontribal hunters would be at least as which may be hens), 6 black ducks, 6 restrictive than the provisions of restrictive as those established for the scaup, 6 redheads, 6 pintails, 6 wood Chapter 10 of the Model Off-Reservation Pacific Flyway portion of Montana. ducks, and 6 canvasbacks. Code. Except as modified by the Service Goose season dates would also be at Mergansers: rules adopted in response to this least as restrictive as those established A. 1854 and 1837 Ceded Territories: proposal, these amended regulations for the Pacific Flyway portion of Season Dates: Begin September 15 parallel Federal requirements in 50 CFR Montana. Shooting hours for waterfowl and end November 25, 2012. part 20 as to hunting methods, hunting on the Flathead Reservation are Daily Bag Limit: 15 mergansers, transportation, sale, exportation, and sunrise to sunset. Steel shot or other including no more than 6 hooded other conditions generally applicable to federally approved nontoxic shots are mergansers. migratory bird hunting. the only legal shotgun loads on the B. Reservation: 4. Band members in each zone will reservation for waterfowl or other game Season Dates: Begin September 1 and comply with State regulations providing birds. end November 25, 2012. for closed and restricted waterfowl For tribal members, the Tribe Daily Bag Limit: 10 mergansers, hunting areas. proposes outside frameworks for ducks including no more than 4 hooded 5. There are no possession limits for and geese of September 1, 2012, through mergansers. migratory birds except for cranes in the March 9, 2013. Daily bag and possession Canada Geese: All Areas: Ceded Territories, unless otherwise limits were not proposed for tribal Season Dates: Begin September 1 and noted above. For purposes of enforcing members. end November 25, 2012. bag limits, all migratory birds in the The requested season dates and bag Daily Bag Limit: 20 geese. possession or custody of band members limits are similar to past regulations. Sandhill Cranes: 1854 and 1837 on ceded lands will be considered to Harvest levels are not expected to Ceded Territories: have been taken on those lands unless change significantly. Standardized Season Dates: Begin September 1 and tagged by a tribal or State conservation check station data from the 1993–94 and end November 25, 2012. warden as having been taken on-

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reservation. All migratory birds that fall cranes (see Sandhill Crane Season under these rights. In 1999, the U.S. Supreme on reservation lands will not count as (e) Great Lakes Indian Fish and Wildlife Court upheld the existence of the tribes’ part of any off-reservation bag or Commission for further discussion). treaty reserved rights in Minnesota v. possession limit. All other Federal regulations Mille Lacs Band, 199 S.Ct. 1187 (1999). The band anticipates harvest will be contained in 50 CFR part 20 would We acknowledge all of the States’ fewer than 500 ducks and geese, and apply. The Tribe proposes to monitor concerns, but point out that the U.S. less than 12 sandhill cranes. harvest closely through game bag Government has recognized the Indian We propose to approve the request for checks, patrols, and mail surveys. treaty reserved rights, and that special migratory bird hunting Harvest surveys from the 2011–12 acceptable hunting regulations have regulations for the Fond du Lac Band of hunting season indicated that been successfully implemented in Lake Superior Chippewa Indians. approximately 29 tribal hunters Minnesota, Michigan, and Wisconsin. (d) Grand Traverse Band of Ottawa and harvested an estimated 140 ducks and Consequently, in view of the above, we Chippewa Indians, Suttons Bay, 45 Canada geese. have approved regulations since the We propose to approve the Grand Michigan (Tribal Members Only) 1987–88 hunting season on ceded lands Traverse Band of Ottawa and Chippewa in all three States. In fact, this In the 1995–96 migratory bird Indians requested 2012–13 special recognition of the principle of treaty seasons, the Grand Traverse Band of migratory bird hunting regulations, reserved rights for band members to Ottawa and Chippewa Indians and the including the establishment of a new hunt and fish was pivotal in our Service first cooperated to establish sandhill crane season. However, given decision to approve a 1991–92 season special regulations for waterfowl. The the need to closely monitor the harvest for the 1836 ceded area in Michigan. Grand Traverse Band is a self-governing, of this species, we request that Grand Since then, in the 2007 Consent Decree federally recognized Tribe located on Traverse implement either a special the 1836 Treaty Tribes’ and Michigan the west arm of Grand Traverse Bay in crane harvest tag or crane harvest Department of Natural Resources and Leelanau County, Michigan. The Grand reporting system/survey to track crane Environment established court- Traverse Band is a signatory Tribe of the harvest, similar to that implemented by approved regulations pertaining to off- Treaty of 1836. We have approved Fond du Lac last year. reservation hunting rights for migratory special regulations for tribal members of (e) Great Lakes Indian Fish and Wildlife birds. the 1836 treaty’s signatory Tribes on For 2012, the GLIFWC proposed off- Commission, Odanah, Wisconsin (Tribal ceded lands in Michigan since the reservation special migratory bird Members Only) 1986–87 hunting season. hunting regulations on behalf of the For the 2012–13 season, the Tribe Since 1985, various bands of the Lake member Tribes of the Voigt Intertribal requests that the tribal member duck Superior Tribe of Chippewa Indians Task Force of the GLIFWC (for the 1837 season run from September 15, 2012, have exercised judicially recognized off- and 1842 Treaty areas in Wisconsin and through January 15, 2013. A daily bag reservation hunting rights for migratory Michigan), the Mille Lacs Band of limit of 20 would include no more than birds in Wisconsin. The specific Ojibwe and the six Wisconsin Bands 5 pintail, 3 canvasback, 1 hooded regulations were established by the (for the 1837 Treaty area in Minnesota), merganser, 5 black ducks, 5 wood Service in consultation with the and the Bay Mills Indian Community ducks, 3 redheads, and 9 mallards (only Wisconsin Department of Natural (for the 1836 Treaty area in Michigan). 4 of which may be hens). Resources and the Great Lakes Indian Member Tribes of the Task Force are: For Canada and snow geese, the Tribe Fish and Wildlife Commission. the Bad River Band of the Lake Superior proposes a September 1 through (GLIFWC is an intertribal agency Tribe of Chippewa Indians, the Lac November 30, 2012, and a January 1 exercising delegated natural resource Courte Oreilles Band of Lake Superior through February 8, 2013, season. For management and regulatory authority Chippewa Indians, the Lac du Flambeau white-fronted geese and brant, the Tribe from its member Tribes in portions of Band of Lake Superior Chippewa proposes a September 20 through Wisconsin, Michigan, and Minnesota). Indians, the Red Cliff Band of Lake November 30, 2012, season. The daily Beginning in 1986, a Tribal season on Superior Chippewa Indians, the St. bag limit for Canada and snow geese ceded lands in the western portion of Croix Chippewa Indians of Wisconsin, would be 10, and the daily bag limit for the Michigan Upper Peninsula was the Sokaogon Chippewa Community white-fronted geese and including brant developed in coordination with the (Mole Lake Band), all in Wisconsin; the would be 5 birds. We further note that, Michigan Department of Natural Mille Lacs Band of Chippewa Indians, based on available data (of major goose Resources. We have approved and the Fond du Lac Band of Lake migration routes), it is unlikely that any regulations for Tribal members in both Superior Chippewa Indians in Canada geese from the Southern James Michigan and Wisconsin since the Minnesota; the Lac Vieux Desert Band Bay Population will be harvested by the 1986–87 hunting season. In 1987, of Chippewa Indians, and the Tribe. GLIFWC requested, and we approved, Keweenaw Bay Indian Community in For woodcock, the Tribe proposes a regulations to permit Tribal members to Michigan. September 1 through November 14, hunt on ceded lands in Minnesota, as The GLIFWC 2012 proposal has 2012, season. The daily bag limit will well as in Michigan and Wisconsin. The several significant changes from not exceed five birds. For mourning States of Michigan and Wisconsin regulations approved last season. In the doves, snipe, and rails, the Tribe originally concurred with the 1837 and 1842 Treaty Areas, the proposes a September 1 through regulations, although both Wisconsin GLIFWC proposal would allow the use November 14, 2012, season. The daily and Michigan have raised various of electronic calls throughout the bag limit would be 10 per species. concerns over the years. Minnesota did season; would extend shooting hours by For sandhill cranes, the Tribe not concur with the original regulations, 30 minutes in both the morning and the proposes a new season of September 1 stressing that the State would not evening to 1 hour before sunrise and 1 through November 30, 2012. The daily recognize Chippewa Indian hunting hour after sunset; would increase the bag limit will not exceed one bird daily. rights in Minnesota’s treaty area until a daily bag limits to 50 ducks and remove All cranes in this proposed hunt area court with jurisdiction over the State all species restrictions within the daily are Eastern Population (EP) sandhill acknowledges and defines the extent of bag limit for ducks; would allow the

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first harvest of sandhill cranes and Federally prohibited in 1957 because of allowing the use of electronic calls in tundra swans; would open the season its effectiveness in attracting and aiding the 1837 and 1842 Treaty Areas. (other than for geese) on September 4; the harvest of ducks and geese and is Additionally, given the fact that tribal and would remove restrictions for decoy generally not considered a legitimate waterfowl hunting covered by this use in Wisconsin. In the 1836 Treaty component of hunting. In 1999, after proposal would occur on ceded lands Area, the GLIFWC proposal would much debate, the migratory bird that are not in the ownership of the remove all species restrictions within regulations were revised to allow the Tribes, we believe the use of electronic the daily bag limit for ducks. use of electronic calls for the take of calls to take waterfowl would lead to GLIFWC states that the proposed light geese (lesser snow geese and Ross confusion on the part of the public, regulatory changes are intended to geese) during a light-goose-only season wildlife-management agencies, and law provide tribal members a harvest when all other waterfowl and crane enforcement officials in implementing opportunity within the scope of rights hunting seasons, excluding falconry, the requirements of 50 CFR part 20. reserved in their various treaties and were closed (64 FR 7507, February 16, Further, similar to the impacts of increase tribal subsistence harvest 1999; 64 FR 71236, December 20, 1999; baiting, uncertainties concerning the opportunities, while protecting and 73 FR 65926, November 5, 2008). zone of influence attributed to the use migratory bird populations. Under the The regulations were subsequently of electronic calls could potentially GLIFWC proposed regulations, GLIFWC changed also in 2006 to allow the use increase harvest from nontribal hunters expects total ceded territory harvest to of electronic calls for the take of operating within areas electronic calls be approximately 1,575 ducks, 300 resident Canada geese during Canada- are being used, thereby posing risks to geese, 50 sandhill cranes, and 50 tundra goose-only September seasons when all the migratory patterns and distribution swans, which is roughly similar to other waterfowl and crane seasons, of migratory waterfowl. anticipated levels in previous years for excluding falconry, were closed (71 FR Lastly, we remind GLIFWC that those species for which seasons were 45964, August 10, 2006). In both electronic calls are permitted for the established. GLIWFC further anticipates instances, these changes were made in take of resident Canada geese during that tribal harvest will remain low given order to significantly increase the Canada-goose-only September seasons the small number of tribal hunters and harvest of these species due to either when all other waterfowl and crane the limited opportunity to harvest more serious population overabundance, or seasons are closed. In the case of than a small number of birds on most depredation issues, or public health and GLIFWC’s proposed seasons, electronic hunting trips. safety issues, or both. calls could be used September 1–14 for Recent GLIFWC harvest surveys resident Canada geese (as long as Available information from the use of (1996–98, 2001, 2004, and 2007–08) GLIFWC’s duck and crane season begins additional hunting methods, such as indicate that tribal off-reservation no earlier than September 15). This waterfowl harvest has averaged less electronic calls, during the special light- specific regulatory change was than 1,050 ducks and 200 geese goose seasons indicate that total harvest implemented in 2006 in order to annually. In the latest survey year for increased approximately 50–69 percent. significantly control resident Canada which we have specific results (2004), On specific days when light-goose geese due to widespread population an estimated 53 hunters took an special regulations were in effect, the overabundance, depredation issues, and estimated 421 trips and harvested 645 mean light goose harvest increased 244 public health and safety issues. ducks (1.5 ducks per trip) and 84 geese percent. One research study found that lesser snow goose flocks were 5.0 times Expanded Shooting Hours (0.2 geese per trip). Analysis of hunter ≤ survey data over 1996–2004 indicates a more likely to fly within gun range ( 50 Normally, shooting hours for general downward trend in both harvest meters) in response to electronic calls migratory game birds are one-half hour and hunter participation. than to traditional calls and the mean before sunrise to sunset. A number of While we acknowledge that tribal number of snow geese killed per hour reasons and concerns have been cited harvest and participation has declined per hunter averaged 9.1 times greater for for extending shooting hours past in recent years, we do not believe that electronic calls than for traditional calls. sunset. Potential impacts to some the GLIFWC’s proposal for tribal While these results are only directly locally breeding populations (e.g., wood waterfowl seasons on ceded lands in applicable to light geese, we believe ducks), hunter safety, difficulty of Wisconsin, Michigan, and Minnesota for these results are applicable to most identifying birds, retrieval of downed the 2012–13 season is in the best waterfowl species, and indicative of birds, and impacts on law enforcement interest of the conservation of migratory some likely adverse harvest impacts on are some of the normal concerns raised birds. More specific discussion follows other geese and ducks. when discussing potential expansions of below. Removal of the electronic call shooting hours. However, despite these prohibition would be inconsistent with concerns, in 2007, we supported the Allowing Electronic Calls our long-standing conservation expansion of shooting hours by 15 As we stated last year (76 FR 54676, concerns. Given available evidence on minutes after sunset in the 1837, 1842, September 1, 2011), the issue of the effectiveness of electronic calls, and and 1836 Treaty Areas (72 FR 58452, allowing electronic calls and other the large biological uncertainty October 15, 2007). We had previously electronic devices for migratory game surrounding any widespread use of supported this expansion in other tribal bird hunting has been highly debated electronic calls, we believe the potential areas and have not been made aware of and highly controversial over the last 40 for overharvest could contribute to long- any wide-scale problems. Further, at years, similar to other prohibited term population declines. Further, that time, we believed that the hunting methods such as baiting. migratory patterns could be affected and continuation of a specific species Electronic calls, i.e., the use or aid of it is possible that hunter participation restriction within the daily bag limit for recorded or electronic amplified bird could increase beyond GLIFWC’s mallards, and the implementation of a calls or sounds, or recorded or estimates (50 percent) and could result species restriction within the daily bag electrically amplified imitations of bird in additional conservation impacts, limit for wood ducks, would allay calls or sounds to lure or attract particularly on locally breeding potential conservation concerns for migratory game birds to hunters, was populations. Thus, we do not support these species. We supported the

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increase with the understanding that we further note that in 2007, in an effort to of duck species that are either showing would need to closely monitor tribal obtain the necessary information, we long-term downward population trends harvest through either GLIFWC’s own implemented a pilot expansion of the (pintails and black ducks), or other increased harvest surveys or GLIFWC’s daily bag limit for ducks to 30 birds per species for which an increased daily bag assisting the Service to survey tribal day in the 1837 and 1842 Treaty Areas. limit of 50 birds per day could hunters. We supported this with the potentially have conservation impacts Last year, in deference to tribal understanding that we would need to (scaup, canvasbacks), particularly on traditions and in the interest of closely monitor tribal harvest through locally-breeding ducks (mallards and cooperation, and in spite of our either GLIFWC’s own increased harvest wood ducks). Overharvest of these previously identified concerns regarding surveys or GLIFWC’s assisting the species in localized areas due to species identification, species Service to survey tribal hunters. We removal of species restrictions could conservation of locally breeding have reiterated our request over the past contribute to long-term declines. populations, retrieval of downed birds, several years for GLIFWC to continue However, while we believe the proposal hunter safety, and law enforcement their current harvest survey based on to eliminate all species restrictions impacts, we approved shooting 30 our implementation of this pilot bag within the daily bag limit for ducks minutes after sunset (an extension of 15 limit increase for ducks in the 1837 and could potentially have resource minutes from the then-current 15 1842 Treaty Areas in 2007, particularly conservation impacts on locally- minutes after sunset) (76 FR 54676, for species such as mallards, the bag breeding duck populations, and would September 1, 2011). This was consistent limits for which were subsequently prefer not to implement such a change with other Tribes in the general area significantly increased in 2008 (from 10 at this time, we are willing to remove (Fond du Lac, Leech Lake, Oneida, Sault to 30 per day). To date, we have not the restrictions for tribal harvest in the Ste Marie, and White Earth). Extending been presented with any new data since 1836, 1837, and 1842 ceded areas. As shooting hours on both the front end the 2008 harvest survey results. we stated last year regarding the and the back end of the day to 1 hour removal of possession limits (76 FR Remove Restrictions on Decoy Use in before sunrise and 1 hour after sunset as 54676, September 1, 2011), we make Wisconsin GLIWFC has proposed would be this change with some trepidation. contrary to public safety and only In Wisconsin, State law requires that However, in the interest of our long- heightens our previously identified decoys may not be placed more than an term relationship with GLIWFC, and the concerns. It is widely considered dark hour before legal shooting hours or left high importance GLIWFC has placed on 45 minutes after sunset (and 45 minutes out more than 20 minutes after legal this issue, we would agree with this before sunrise), and we see no viable shooting hours. As we stated last year important change. We note that, should remedies to allay our concerns. concerning a similar decoy restriction in resource conservation impacts be Shooting this early or late would also Michigan (76 FR 54676, September 1, discovered, or should a particular significantly increase the potential take 2011), while we believe that there may species’ population status warrant of non-game birds. Thus, we cannot be safety concerns with elimination of action, we would expect that the lack of support increasing the shooting hours such a restriction, we take no position species restrictions would be revisited by 30 minutes in the 1837 and 1842 on the relative need or lack of need for and adjusted accordingly, especially if a Treaty Areas (to 60 minutes before such a restriction. Other than particular species warranted a sunrise and 60 minutes after sunset). regulations on National Wildlife Refuges nationwide closed season (e.g., and other Federal lands, there are no canvasbacks). Increasing the Overall Daily Bag Limit Federal restrictions requiring the for Ducks removal of unattended decoys. Earlier Duck Season Opening Date Based on the proposed increased Additionally, given the fact that tribal The Migratory Bird Treaty allows the daily bag limits (from 30 to 50 ducks per waterfowl hunting covered by this hunting of migratory game birds day in the 1837 and 1842 Treaty Areas), proposal would occur on ceded lands beginning September 1. Generally, we GLIFWC is estimating a relatively small that are not in the ownership of the have tried to guide Tribes to select an additional duck harvest (1,050 to 1,575 Tribes, we believe the use of unattended opening date for duck hunting of no ducks). While it is possible that hunter decoys to ‘‘reserve’’ hunting areas in earlier than September 15. This participation and harvest could increase public waters (i.e., those lands in the guidance is based on our concern that beyond their estimates (50 percent), we ceded territories outside of lands hunting prior to September 15 do not anticipate such an increase given directly controlled by the Tribes) could significantly increases the potential for their relatively small average daily lead to confusion and frustration on the taking ducks that have not yet fully harvest (2.2 ducks per day). Further, part of the public, hunters, wildlife- fledged (normally the result of late- GLIFWC reports that the largest number management agencies, and law nesting or renesting hens) or species of ducks reportedly harvested in a single enforcement officials due to the misidentification due to the fact that day was 20. Thus, we do not anticipate inherent difficulties of different sets of some species and/or sexes are not yet any large-scale harvest shifts or hunting regulations for different areas readily distinguishable. While these significant biological conservation and groups of hunters. However, we impacts primarily concern locally- impacts with GLIFWC’s proposal. view this issue as a Tribal–State issue, breeding ducks, the potential does exist However, we also note that GLIFWC’s and the Service takes no position on it for the take of molt migrants, i.e., birds own dated harvest data indicates that in this proposed rule. that have specifically migrated to an present daily bag limits do not appear area to complete the molting process. to be a hindrance or limiting factor for Removal of Species Restrictions for We would prefer that GLIFWC adhere to Tribal harvest, and increasing the daily Ducks this guidance and would prefer not to bag limit to 50 ducks from the present We have several concerns with implement such a change at this time. 30-duck daily bag limit would be far in GLIFWC’s proposal to remove all However, we see no significant excess of anything we currently have species restrictions within the overall conservation implications given the experience with regarding tribal duck daily bag limits in the 1837 and relatively small numbers of tribal migratory bird hunting regulations. We 1842 Treaty Areas. We have a number hunters and are willing to allow

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GLIFWC to begin the duck season on swan season in the ceded territory areas The proposed 2012–13 waterfowl September 4 in the 1836, 1837, and in question involves several significant hunting season regulations apply to all 1842 ceded areas. We are proposing this concerns and special considerations. We treaty areas (except where noted) for change in the interest of our long-term believe these concerns need further GLIFWC as follows: relationship with GLIWFC and the study and consideration before any Ducks: understanding that if significant implementation of a new tundra swan Season Dates: Begin September 4 and conservation impacts are discovered, we season in the ceded territories. end December 31, 2012. would adjust the duck season opening First, the proposed areas in question Daily Bag Limit: 50 ducks in the 1937 date accordingly. are also home to trumpeter swans. Many and 1842 Treaty Area; 30 ducks in the 1836 Treaty Area. Sandhill Crane Season cooperators, including GLIFWC, worked together to reestablish a breeding Mergansers: We have no objections to the trumpeter swan population in the Great 1836 Treaty Area Season Dates: Begin establishment of a sandhill crane season Lakes. These efforts have been largely September 15 and end December 31, in the 1837 and 1842 Treaty Areas. We successful with the removal of this 2012. note that at least one other Tribe species from the Wisconsin endangered 1837 and 1842 Treaty Area Season currently has a sandhill crane season species list in 2009. After a 25-year Dates: Begin September 4 and end (see (c) Fond du Lac Band of Lake recovery program, there are currently December 31, 2012. Superior Chippewa in Minnesota about 200 breeding pairs in Wisconsin. Daily Bag Limit: 10 mergansers. elsewhere in this proposed rule) and However, it is very difficult to Geese: another has proposed establishing a new distinguish between tundra and Season Dates: Begin September 1 and season this year (see (d) Grand Traverse trumpeter swans unless swans vocalize end December 31, 2012. In addition, any Band of Ottawa and Chippewa in in flight. We have significant concerns portion of the ceded territory that is Michigan elsewhere in this proposed over the accidental harvest of trumpeter open to State-licensed hunters for goose rule). All cranes in these current and swans by tribal hunters hunting during hunting outside of these dates will also proposed hunt areas are Eastern a tundra swan season. Further, within be open concurrently for tribal Population (EP) sandhill cranes. EP Wisconsin, the northern ceded territory members. sandhill cranes rebounded from near is an area of high trumpeter swan use Daily Bag Limit: 20 geese in aggregate. extirpation in the late 1800s to over containing over 80 percent of the Other Migratory Birds: 30,000 cranes by 1996. As of last year, breeding pairs. We believe such areas A. Coots and Common Moorhens the current 3-year average population should be avoided either temporally or (Common Gallinules): index for EP cranes was 51,217 cranes. 1836 Treaty Area Season Dates: Begin geographically to the extent possible. As a result of this rebound and their September 15 and end December 31, When a hunting season on tundra swans continued range expansion, the Atlantic 2012. is ultimately implemented, we believe it and Mississippi Flyway Councils 1837 and 1842 Treaty Area Season would be best to focus hunting efforts developed a cooperative management Dates: Begin September 4 and end on the primary tundra swan migration plan for this population, and criteria December 31, 2012. concentrations while avoiding areas of were developed describing when Daily Bag Limit: 20 coots and significant trumpeter swan numbers. hunting seasons could be opened. The common moorhens (common Unfortunately, most such areas are State of Kentucky held its first hunting gallinules), singly or in the aggregate. season on this population in 2011–12 located outside of the ceded territories B. Sora and Virginia Rails: and harvested 50 cranes. Further, of northern Wisconsin. 1836 Treaty Area Season Dates: Begin allowance for Tribal harvest is In addition to the concerns about September 15 and end December 31, specifically considered in the EP plan. potential impacts to trumpeter swans, 2012. GLIFWC estimates that no more than we believe it is imperative that any 1837 and 1842 Treaty Area Season 50 cranes will be harvested during the tribal tundra swan hunting proposal Dates: Begin September 4 and end proposed season. We note that two follow the Eastern Population of tundra December 31, 2012. cranes were harvested last year in the swans management plan including a Daily Bag and Possession Limits: 20, inaugural Fond du Lac sandhill crane quota permit system and harvest singly, or in the aggregate, 25. season. We support the establishment of reporting. The EP tundra swan C. Common Snipe: GLIFWC’s new sandhill crane season. management plan was cooperatively 1836 Treaty Area Season Dates: Begin However, given the need to closely developed by the Atlantic, Central, and September 15 and end December 31, monitor the harvest of this species, we Mississippi Flyway Councils in 2007 2012. request that GLIFWC implement either and guides the management and harvest 1837 and 1842 Treaty Area Season a special crane harvest tag or crane of EP tundra swans. Dates: Begin September 4 and end harvest reporting system/survey to track For these reasons, we do not believe December 31, 2012. crane harvest, similar to that that a tribal tundra swan hunting season Daily Bag Limit: 16 common snipe. implemented by Fond du Lac last year, in the ceded territory should be D. Woodcock: and requested of Grand Traverse this implemented this year. Given that all 1836 Treaty Area Season Dates: Begin year (see (d) Grand Traverse Band of these concerns can be worked through September 15 and end December 31, Ottawa and Chippewa Indians in over the next year, we do not believe 2012. Michigan elsewhere in this proposed that implementation of a tundra swan 1837 and 1842 Treaty Area Season rule). season next season is unrealistic. We Dates: Begin September 4 and end note that both the Service and the State December 31, 2012. Tundra Swan Season wildlife agencies have considerable Daily Bag Limit: 10 woodcock. As we stated with sandhill cranes, we trumpeter swan information that would E. Mourning Dove: 1837 and 1842 are not opposed to the establishment of be helpful in conducting additional Ceded Territories only. a tundra swan season in Wisconsin. biological evaluation and harvest Season Dates: Begin September 1 and However, unlike the sandhill crane planning and are available to work with end November 9, 2012. issue, the establishment of a new tundra GLIFWC on these issues. Daily Bag Limit: 15 mourning doves.

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F. Sandhill Cranes: 1837 and 1842 (f) Jicarilla Apache Tribe, Jicarilla past land use practices, as well as to Ceded Territories only. Indian Reservation, Dulce, New Mexico provide additional waterfowl hunting in Season Dates: Begin September 4 and (Tribal Members and Nontribal Hunters) the area. Beginning in 1996, the end December 31, 2012. The Jicarilla Apache Tribe has had requested regulations also included a Daily Bag Limit: 1 crane. special migratory bird hunting proposal for Kalispel-member-only General Conditions regulations for tribal members and migratory bird hunting on Kalispel- nonmembers since the 1986–87 hunting ceded lands within Washington, A. All tribal members will be required Montana, and Idaho. season. The Tribe owns all lands on the to obtain a valid tribal waterfowl For the 2012–13 migratory bird reservation and has recognized full hunting permit. hunting seasons, the Kalispel Tribe B. Except as otherwise noted, tribal wildlife management authority. In proposed tribal and nontribal member members will be required to comply general, the proposed seasons would be waterfowl seasons. The Tribe requests with tribal codes that will be no less more conservative than allowed by the that both duck and goose seasons open restrictive than the model ceded Federal frameworks of last season and at the earliest possible date and close on territory conservation codes approved by States in the Pacific Flyway. the latest date under Federal by Federal courts in the Lac Courte The Tribe proposed a 2012–13 frameworks. Oreilles v. State of Wisconsin (Voigt) waterfowl and Canada goose season For nontribal hunters on reservation, and Mille Lacs Band v. State of beginning October 13, 2012, and a the Tribe requests the seasons open at Minnesota cases. Chapter 10 in each of closing date of November 30, 2012. the earliest possible date and remain these model codes regulates ceded Daily bag and possession limits for open, for the maximum amount of open territory migratory bird hunting. Both waterfowl would be the same as Pacific days. Specifically, the Tribe requests versions of Chapter 10 parallel Federal Flyway States. The Tribe proposes a that the season for ducks begin requirements as to hunting methods, daily bag limit for Canada geese of two. September 22, 2012, and end January transportation, sale, exportation, and Other regulations specific to the Pacific 31, 2013. In that period, nontribal other conditions generally applicable to Flyway guidelines for New Mexico hunters would be allowed to hunt migratory bird hunting. They also would be in effect. approximately 101 days. Hunters should automatically incorporate by reference During the Jicarilla Game and Fish obtain further information on specific the Federal migratory bird regulations Department’s 2012–13 season, estimated hunt days from the Kalispel Tribe. adopted in response to this proposal. duck harvest was 436, which is within The Tribe also requests the season for C. Particular regulations of note the historical harvest range. The species geese run from September 1 to include: composition in the past has included September 13, 2012, and from October 1. Nontoxic shot will be required for mainly mallards, gadwall, wigeon, and 1, 2012, to January 31, 2013. Total all waterfowl hunting by tribal teal. Northern pintail comprised less number of days should not exceed 107. members. than one percent of the total harvest in Nontribal hunters should obtain further 2. Tribal members in each zone will 2011. The estimated harvest of geese information on specific hunt days from comply with tribal regulations was 23 birds. the Tribe. Daily bag and possession providing for closed and restricted The proposed regulations are limits would be the same as those for waterfowl hunting areas. These essentially the same as were established the State of Washington. regulations generally incorporate the last year. The Tribe anticipates the The Tribe reports past nontribal same restrictions contained in parallel maximum 2012–13 waterfowl harvest harvest of 1.5 ducks per day. Under the State regulations. would be around 500 ducks and 15–25 proposal, the Tribe expects harvest to be 3. There is no possession limit. For geese. similar to last year and less than 100 purposes of enforcing bag limits, all We propose to approve the Tribe’s geese and 200 ducks. migratory birds in the possession and requested 2012–13 hunting seasons. All other State and Federal regulations contained in 50 CFR part 20, custody of tribal members on ceded (g) Kalispel Tribe, Kalispel Reservation, such as use of nontoxic shot and lands will be considered to have been Usk, Washington (Tribal Members and possession of a signed migratory bird taken on those lands unless tagged by a Nontribal Hunters) tribal or State conservation warden as hunting stamp, would be required. taken on reservation lands. All The Kalispel Reservation was For tribal members on Kalispel-ceded migratory birds that fall on reservation established by Executive Order in 1914, lands, the Kalispel Tribe proposes lands will not count as part of any off- and currently comprises approximately season dates consistent with Federal reservation bag or possession limit. 4,600 acres. The Tribe owns all flyway frameworks. Specifically, the 4. The baiting restrictions included in Reservation land and has full Tribe requests outside frameworks for the respective section 10.05(2)(h) of the management authority. The Kalispel ducks of October 1, 2012, through model ceded territory conservation Tribe has a fully developed wildlife January 31, 2013, and for geese of codes will be amended to include program with hunting and fishing September 1, 2012, through January 31, language which parallels that in place codes. The Tribe enjoys excellent 2013. The Tribe requests that both duck for nontribal members as published at wildlife management relations with the and goose seasons open at the earliest 64 FR 29799, June 3, 1999. State. The Tribe and the State have an possible date and close on the latest 5. The shell limit restrictions operational Memorandum of date under Federal frameworks. During included in the respective section Understanding with emphasis on that period, the Tribe proposes that the 10.05(2)(b) of the model ceded territory fisheries but also for wildlife. season run continuously. Daily bag and conservation codes will be removed. The nontribal member seasons possession limits would be concurrent 6. Hunting hours shall be from a half described below pertain to a 176-acre with the Federal rule. hour before sunrise to 30 minutes after waterfowl management unit and 800 The Tribe reports that there was no sunset. acres of reservation land with a guide tribal harvest. Under the proposal, the We propose to approve the above for waterfowl hunting. The Tribe is Tribe expects harvest to be less than 200 GLIFWC regulations for the 2012–13 utilizing this opportunity to rehabilitate birds for the season with less than 100 hunting season. an area that needs protection because of geese. Tribal members would be

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required to possess a signed Federal be 10, including no more than 5 pintail, B. Except as modified by the Service migratory bird stamp and a tribal ceded 5 canvasback, and 5 black ducks. Daily rules adopted in response to this lands permit. bag limits for geese would be 10. proposal, these amended regulations We propose to approve the Possession limits would be twice the parallel all Federal regulations regulations requested by the Kalispel daily bag limit. Shooting hours are one- contained in 50 CFR part 20. Tribe, provided that the nontribal half hour before sunrise to one-half hour C. Particular regulations of note seasons conform to Treaty limitations after sunset. include: and final Federal frameworks for the The annual harvest by tribal members (1) Nontoxic shot will be required for Pacific Flyway. on the Leech Lake Reservation is all waterfowl hunting by tribal estimated at 500–1,000 birds. members. (h) Klamath Tribe, Chiloquin, Oregon We propose to approve the Leech (Tribal Members Only) (2) Tribal members in each zone will Lake Band of Ojibwe’s special migratory comply with tribal regulations The Klamath Tribe currently has no bird hunting season. providing for closed and restricted reservation, per se. However, the (j) Little River Band of Ottawa Indians, waterfowl hunting areas. These Klamath Tribe has reserved hunting, regulations generally incorporate the fishing, and gathering rights within its Manistee, Michigan (Tribal Members Only) same restrictions contained in parallel former reservation boundary. This area State regulations. The Little River Band of Ottawa of former reservation, granted to the D. Tribal members hunting in Indians is a self-governing, federally Klamaths by the Treaty of 1864, is over Michigan will comply with tribal codes recognized Tribe located in Manistee, 1 million acres. Tribal natural resource that contain provisions parallel to Michigan, and a signatory Tribe of the management authority is derived from Michigan law regarding duck blinds and Treaty of 1836. We have approved the Treaty of 1864, and carried out decoys. cooperatively under the judicially special regulations for tribal members of We plan to approve Little River Band enforced Consent Decree of 1981. The the 1836 treaty’s signatory Tribes on of Ottawa Indians’ special migratory parties to this Consent Decree are the ceded lands in Michigan since the bird hunting seasons upon receipt of Federal Government, the State of 1986–87 hunting season. Ceded lands their proposal based on the provisions Oregon, and the Klamath Tribe. The are located in Lake, Mason, Manistee, described above. Klamath Indian Game Commission sets and Wexford Counties. The Band the seasons. The tribal biological staff normally proposes regulations to govern (k) The Little Traverse Bay Bands of and tribal regulatory enforcement the hunting of migratory birds by Tribal Odawa Indians, Petoskey, Michigan officers monitor tribal harvest by members within the 1836 Ceded (Tribal Members Only) Territory as well as on the Band’s frequent bag checks and hunter The Little Traverse Bay Bands of Reservation. interviews. Odawa Indians (LTBB) is a self- For the 2012–13 season, the Tribe For the 2012–13 season, we assume governing, federally recognized Tribe requests proposed season dates of the Little River Band of Ottawa Indians located in Petoskey, Michigan, and a October 1, 2012, through January 31, would propose a duck and merganser signatory Tribe of the Treaty of 1836. 2013. Daily bag limits would be 9 for season from September 15, 2012, We have approved special regulations ducks, 9 for geese, and 9 for coot, with through January 20, 2013. A daily bag for tribal members of the 1836 treaty’s possession limits twice the daily bag limit of 12 ducks would include no signatory Tribes on ceded lands in limit. Shooting hours would be one-half more than 2 pintail, 2 canvasback, 3 Michigan since the 1986–87 hunting hour before sunrise to one-half hour black ducks, 3 wood ducks, 3 redheads, season. after sunset. Steel shot is required. 6 mallards (only 2 of which may be a Based on the number of birds hen), and 1 hooded merganser. For the 2012–13 season, the Little produced in the Klamath Basin, this Possession limits would be twice the Traverse Bay Bands of Odawa Indians year’s harvest would be similar to last daily bag limit. propose regulations similar to those of year’s. Information on tribal harvest For white-fronted geese, snow geese, other Tribes in the 1836 treaty area. suggests that more than 70 percent of and brant, the Tribe usually proposes a LTBB proposes the regulations to govern the annual goose harvest is local birds September 20 through November 30 the hunting of migratory birds by tribal produced in the Klamath Basin. season. Daily bag limits would be five members on the LTBB reservation and We propose to approve the Klamath geese. within the 1836 Treaty Ceded Territory. Tribe’s requested 2012–13 special For Canada geese only, the Tribe will The tribal member duck and merganser migratory bird hunting regulations. likely propose a September 1, 2012, season would run from September 15, through February 8, 2013, season with 2012, through January 31, 2013. A daily (i) Leech Lake Band of Ojibwe, Cass a daily bag limit of five. The possession bag limit of 20 ducks and 10 mergansers Lake, Minnesota (Tribal Members Only) limit would be twice the daily bag limit. would include no more than 5 hen The Leech Lake Band of Ojibwe is a For snipe, woodcock, rails, and mallards, 5 pintail, 5 canvasback, 5 federally recognized Tribe located in mourning doves, we expect the Tribe scaup, 5 hooded merganser, 5 black Cass Lake, Minnesota. The reservation will propose a September 1 to ducks, 5 wood ducks, and 5 redheads. employs conservation officers to enforce November 14, 2012, season. The daily For Canada geese, the Tribe proposes conservation regulations. The Service bag limit would be 10 common snipe, 5 a September 1, 2012, through February and the Tribe have cooperatively woodcock, 10 rails, and 10 mourning 8, 2013, season. The daily bag limit for established migratory bird hunting doves. Possession limits for all species Canada geese would be 20 birds. We regulations since 2000. would be twice the daily bag limit. further note that, based on available For the 2012–13 season, the Tribe The Tribe monitors harvest through data (of major goose migration routes), requests a duck season starting on mail surveys. General conditions are as it is unlikely that any Canada geese from September 15 and ending December 31, follows: the Southern James Bay Population 2012, and a goose season to run from A. All tribal members will be required would be harvested by the Tribe. September 1 through December 31, to obtain a valid tribal resource card and Possession limits are twice the daily bag 2012. Daily bag limits for ducks would 2012–13 hunting license. limit.

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For woodcock, the Tribe proposes a this season. The Tribe proposes a duck Goose harvest species composition in September 1, 2012, to December 1, 2012, season from September 29, 2012, 2011–12 at Mni Sho Sho was season. The daily bag limit will not through January 3, 2013. The daily bag insignificant due to the few hunting exceed 10 birds. For snipe, the Tribe limit would be six birds, including no days offered compared to previous proposes a September 1 to December 31, more than two hen mallard and five years. 2012, season. The daily bag limit will mallards total, one pintail, two The Tribe anticipates a duck harvest not exceed 16 birds. For mourning redheads, one canvasback, two wood similar to those of the previous 3 years doves, the Tribe proposes a September ducks, two scaup, and one mottled and a goose harvest below the target 1 to November 14, 2012, season. The duck. The daily bag limit for mergansers harvest level of 3,000 to 4,000 geese. All daily bag limit will not exceed 15 birds. would be five, only two of which could basic Federal regulations contained in For Virginia and sora rails, the Tribe be a hooded merganser. The daily bag 50 CFR part 20, including the use of proposes a September 1 to December 31, limit for coots would be 15. Possession nontoxic shot, Migratory Waterfowl 2012, season. The daily bag limit will limits would be twice the daily bag Hunting and Conservation Stamps, etc., not exceed 20 birds per species. For limits. would be observed by the Tribe’s coots and gallinules, the Tribe proposes The Tribe’s proposed nontribal- proposed regulations. In addition, the a September 15 to December 31, 2012, member Canada goose season would run Lower Brule Sioux Tribe has an official season. The daily bag limit will not from October 27, 2012, through Conservation Code that was established exceed 20 birds per species. The February 10, 2013 (107-day season by Tribal Council Resolution in June possession limit will not exceed 2 days’ length), with a daily bag limit of three 1982 and updated in 1996. bag limit for all birds. Canada geese. The Tribe’s proposed We plan to approve the Tribe’s All other Federal regulations nontribal member white-fronted goose requested regulations for the Lower contained in 50 CFR part 20 would season would run from October 27, Brule Reservation given that the apply. 2012, through January 4, 2013, and seasons’ dates fall within final Federal The Tribe proposes to monitor harvest January 26 through February 10, 2013, flyway frameworks (applies to nontribal closely through game bag checks, with a daily bag limit of one white- hunters only). patrols, and mail surveys. In particular, fronted goose. The Tribe’s proposed (m) Lower Elwha Klallam Tribe, Port the Tribe proposes monitoring the nontribal-member light goose season Angeles, Washington (Tribal Members harvest of Southern James Bay Canada would run from October 27, 2012, Only) geese to assess any impacts of tribal through January 6, 2013, and February hunting on the population. 2 through March 10, 2013. The light Since 1996, the Service and the Point We propose to approve the Little goose daily bag limit would be 20. No Point Treaty Tribes, of which Lower Traverse Bay Bands of Odawa Indians’ Possession limits would be twice the Elwha was one, have cooperated to requested 2012–13 special migratory daily bag limits. establish special regulations for bird hunting regulations. For tribal members, the Lower Brule migratory bird hunting. The Tribes are (l) Lower Brule Sioux Tribe, Lower Brule Sioux Tribe proposes a duck, merganser, now acting independently and the and coot season from September 22, Reservation, Lower Brule, South Dakota Lower Elwha Klallam Tribe would like 2012, through March 10, 2013. The (Tribal Members and Nontribal Hunters) to establish migratory bird hunting daily bag limit would be six ducks, regulations for tribal members for the The Lower Brule Sioux Tribe first including no more than two hen mallard 2012–13 season. The Tribe has a established tribal migratory bird hunting and five mallards total, one pintail, two reservation on the Olympic Peninsula in regulations for the Lower Brule redheads, one canvasback, two wood Washington State and is a successor to Reservation in 1994. The Lower Brule ducks, two scaup, and one mottled the signatories of the Treaty of Point No Reservation is about 214,000 acres in duck. The daily bag limit for mergansers Point of 1855. size and is located on and adjacent to would be five, only two of which could For the 2012–13 season, the Lower the Missouri River, south of Pierre. Land be hooded mergansers. The daily bag Elwha Klallam Tribe requests a duck ownership on the reservation is mixed, limit for coots would be 15. Possession and coot season from September 15, and until recently, the Lower Brule limits would be twice the daily bag 2012, to January 6, 2013. The daily bag Tribe had full management authority limits. limit will be seven ducks including no over fish and wildlife via an MOA with The Tribe’s proposed Canada goose more than two hen mallards, one the State of South Dakota. The MOA season for tribal members would run pintail, one canvasback, and two provided the Tribe jurisdiction over fish from September 22, 2012, through redheads. The daily bag and possession and wildlife on reservation lands, March 10, 2013, with a daily bag limit limit on harlequin duck will be one per including deeded and Corps of of three Canada geese. The Tribe’s season. The coot daily bag limit will be Engineers-taken lands. For the 2012–13 proposed white-fronted goose tribal 25. The possession limit will be twice season, the two parties have come to an season would run from September 22, the daily bag limit, except as noted agreement that provides the public a 2012, through March 10, 2013, with a above. clear understanding of the Lower Brule daily bag limit of two white-fronted For geese, the Tribe requests a season Sioux Wildlife Department license geese. The Tribe’s proposed light goose from September 15, 2012, to January 6, requirements and hunting season tribal season would run from September 2013. The daily bag limit will be four, regulations. The Lower Brule 22, 2012, through March 10, 2013. The including no more than three light Reservation waterfowl season is open to light goose daily bag limit would be 20. geese. The season on Aleutian Canada tribal and nontribal hunters. Possession limits would be twice the geese will be closed. For the 2012–13 migratory bird daily bag limits. For brant, the Tribe proposes to close hunting season, the Lower Brule Sioux In the 2011–12 season, hunters the season. Tribe proposes a nontribal member harvested 551 geese and 695 ducks. In For mourning doves, band-tailed duck, merganser, and coot season length the 2011–12 season, duck harvest pigeon, and snipe, the Tribe requests a of 97 days, or the maximum number of species composition was primarily season from September 15, 2012, to days allowed by Federal frameworks in mallard (74 percent), gadwall, and January 6, 2013, with a daily bag limit the High Plains Management Unit for green-winged teal (8 percent). of 10, 2, and 8, respectively. The

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possession limit will be twice the daily Tribe expects fewer than 50 ducks and The Nation requires tribal members bag limit. 10 geese to be harvested during the and nonmembers to comply with all All Tribal hunters authorized to hunt 2012–13 migratory bird hunting season. basic Federal migratory bird hunting migratory birds are required to obtain a All other Federal regulations regulations in 50 CFR part 20 pertaining tribal hunting permit from the Lower contained in 50 CFR part 20 would to shooting hours and manner of taking. Elwha Klallam Tribe pursuant to tribal apply. The following restrictions are In addition, each waterfowl hunter 16 law. Hunting hours would be from one- also usually proposed by the Tribe: years of age or over must carry on his/ half hour before sunrise to sunset. Only (1) As per Makah Ordinance 44, only her person a valid Migratory Bird steel, tungsten-iron, tungsten-polymer, shotguns may be used to hunt any Hunting and Conservation Stamp (Duck tungsten-matrix, and tin shot are species of waterfowl. Additionally, Stamp), which must be signed in ink allowed for hunting waterfowl. It is shotguns must not be discharged within across the face. Special regulations unlawful to use or possess lead shot 0.25 miles of an occupied area. established by the Navajo Nation also while hunting waterfowl. (2) Hunters must be eligible, enrolled apply on the reservation. The Tribe typically anticipates Makah tribal members and must carry The Tribe anticipates a total harvest of harvest to be fewer than 10 birds. Tribal their Indian Treaty Fishing and Hunting fewer than 500 mourning doves; fewer reservation police and Tribal fisheries Identification Card while hunting. No than 10 band-tailed pigeons; fewer than enforcement officers have the authority tags or permits are required to hunt 1,000 ducks, coots, and mergansers; and to enforce these migratory bird hunting waterfowl. fewer than 1,000 Canada geese for the regulations. (3) The Cape Flattery area is open to 2012–13 season. The Tribe will measure The Service proposes to approve the waterfowl hunting, except in designated harvest by mail survey forms. Through request for special migratory bird wilderness areas, or within 1 mile of the established Navajo Nation Code, hunting regulations for the Lower Elwha Cape Flattery Trail, or in any area that titles 17 and 18, and 23 U.S.C. 1165, the Klallam Tribe. is closed to hunting by another Tribe will take action to close the ordinance or regulation. season, reduce bag limits, or take other (n) Makah Indian Tribe, Neah Bay, (4) The use of live decoys and/or appropriate actions if the harvest is Washington (Tribal Members Only) baiting to pursue any species of detrimental to the migratory bird The Makah Indian Tribe and the waterfowl is prohibited. resource. Service have been cooperating to (5) Steel or bismuth shot only for We propose to approve the Navajo establish special regulations for waterfowl is allowed; the use of lead Nation’s special migratory bird season. migratory game birds on the Makah shot is prohibited. (p) Oneida Tribe of Indians of Reservation and traditional hunting (6) The use of dogs is permitted to Wisconsin, Oneida, Wisconsin (Tribal land off the Makah Reservation since hunt waterfowl. Members Only) the 2001–02 hunting season. Lands off The Service proposes to approve the the Makah Reservation are those Makah Indian Tribe’s requested 2012– Since 1991–92, the Oneida Tribe of contained within the boundaries of the 13 special migratory bird hunting Indians of Wisconsin and the Service State of Washington Game Management regulations. have cooperated to establish uniform Units 601–603. regulations for migratory bird hunting (o) Navajo Nation, Navajo Indian The Makah Indian Tribe proposes a by tribal and nontribal hunters within Reservation, Window Rock, Arizona duck and coot hunting season from the original Oneida Reservation (Tribal Members and Nontribal Hunters) September 22, 2012, to January 26, boundaries. Since 1985, the Oneida 2013. The daily bag limit is seven Since 1985, we have established Tribe’s Conservation Department has ducks, including no more than five uniform migratory bird hunting enforced the Tribe’s hunting regulations mallards (only two hen mallard), one regulations for tribal members and within those original reservation limits. canvasback, one pintail, three scaup, nonmembers on the Navajo Indian The Oneida Tribe also has a good and one redhead. The daily bag limit for Reservation (in parts of Arizona, New working relationship with the State of coots is 25. The Tribe has a year-round Mexico, and Utah). The Navajo Nation Wisconsin and the majority of the closure on wood ducks and harlequin owns almost all lands on the reservation seasons and limits are the same for the ducks. Shooting hours for all species of and has full wildlife management Tribe and Wisconsin. waterfowl are one-half hour before authority. In a June 18, 2012, letter, the Tribe sunrise to sunset. For the 2012–13 season, the Navajo proposed special migratory bird hunting For geese, the Tribe proposes that the Nation requests special migratory bird regulations. For ducks, the Tribe season open on September 22, 2012, and hunting regulations on the reservation described the general outside dates as close January 26, 2013. The daily bag for both tribal and nontribal hunters for being September 15 through December limit for geese is four and one brant. The ducks (including mergansers), Canada 2, 2012, with a closed segment of Tribe notes that there is a year-round geese, coots, band-tailed pigeons, and November 17 to 25, 2012. The Tribe closure on Aleutian and dusky Canada mourning doves. For ducks, mergansers, proposes a daily bag limit of six birds, geese. Canada geese, and coots, the Tribe which could include no more than six For band-tailed pigeons, the Tribe requests the earliest opening dates and mallards (three hen mallards), six wood proposes that the season open longest seasons, and the same daily bag duck, one redhead, two pintail, and one September 15, 2012, and close October and possession limits allowed to Pacific hooded merganser. 28, 2012. The daily bag limit for band- Flyway States under final Federal For geese, the Tribe requests a season tailed pigeons is two. frameworks. between September 1 and December 30, The Tribe anticipates that harvest For both mourning dove and band- 2012, with a daily bag limit of five under this regulation will be relatively tailed pigeons, the Navajo Nation Canada geese from September 1 through low since there are no known dedicated proposes seasons of September 1 14, 2012, and three from September 15, waterfowl hunters and any harvest of through September 30, 2012, with daily 2012, through December 30, 2012. The waterfowl or band-tailed pigeons is bag limits of 10 and 5, respectively. Tribe will close the season November 17 usually incidental to hunting for other Possession limits would be twice the to 25, 2012. If a quota of 300 geese is species, such as deer, elk, and bear. The daily bag limits. attained before the season concludes,

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the Tribe will recommend closing the September 1, 2012, to February 1, 2013. December 31, 2012. The Tribe proposes season early. The daily bag limit would be seven a daily bag limit of 20 ducks, which For woodcock, the Tribe proposes a ducks, including no more than two hen could include no more than 10 mallards season between September 1 and mallards, one canvasback, one pintail, (5 hen mallards), 5 wood duck, 5 black November 4, 2012, with a daily bag and two redhead, and four scoters. The daily duck, and 5 canvasback. The merganser possession limit of 5 and 10, bag limit for coots would be 25. The daily bag limit is 10 in the aggregate and respectively. daily bag limit and possession limit on 16 for common snipe. For mourning dove, the Tribe harlequin ducks would be one per For geese, coot, gallinule, sora, and proposes a season between September 1 season. The daily possession limits are Virginia rail, the Tribe requests a season and November 4, 2012, with a daily bag double the daily bag limits except where from September 1 to December 31, 2012. and possession limit of 10 and 20, noted. The daily bag limit for geese is 20, in the respectively. For geese, the Point No Point Treaty aggregate. The daily bag limit for coot, The Tribe proposes shooting hours be Council will likely propose the season gallinule, sora, and Virginia rail is 20 in one-half hour before sunrise to one-half open on September 15, 2012, and close the aggregate. hour after sunset. Nontribal hunters March 10, 2013. The daily bag limit for For woodcock, the Tribe proposes a hunting on the Reservation or on lands geese would be four, not to include season between September 2 and under the jurisdiction of the Tribe must more than three light geese. The Council December 1, 2012, with a daily bag and comply with all State of Wisconsin notes that there is a year-round closure possession limit of 10 and 20, regulations, including shooting hours of on Aleutian and cackling Canada geese. respectively. one-half hour before sunrise to sunset, For brant, we expect the Council to For mourning dove, the Tribe season dates, and daily bag limits. propose the season open on November Tribal members and nontribal hunters proposes a season between September 1 13, 2012, and close January 31, 2013. and November 14, 2012, with a daily hunting on the Reservation or on lands The daily bag limit for brant would be under the jurisdiction of the Tribe must bag and possession limit of 10 and 20, two. respectively. observe all basic Federal migratory bird For band-tailed pigeons and snipe, we hunting regulations found in 50 CFR expect the Port Gamble S’Klallam Tribe All Sault Ste. Marie Tribe members part 20, with the following exceptions: to propose the season open September exercising hunting treaty rights within Oneida members would be exempt from 1, 2012, and close March 10, 2013. The the 1836 Ceded Territory are required to the purchase of the Migratory Waterfowl Jamestown S’Klallam Tribe will likely submit annual harvest reports including Hunting and Conservation Stamp (Duck propose the season open September 15, date of harvest, number and species Stamp); and shotgun capacity is not 2012, and close March 10, 2013. The harvested, and location of harvest. limited to three shells. daily bag limit for band-tailed pigeons Hunting hours would be from one-half The Service proposes to approve the will probably be two and eight for snipe. hour before sunrise to one-half hour request for special migratory bird For mourning dove, we expect the Port after sunset. All other regulations in 50 hunting regulations for the Oneida Tribe Gamble S’Klallam Tribe to propose the CFR part 20 apply including the use of of Indians of Wisconsin. season open September 1, 2012, and only nontoxic shot for hunting waterfowl. (q) Point No Point Treaty Council close January 31, 2013. The Jamestown S’Klallam Tribe will likely propose the The Service proposes to approve the Tribes, Kingston, Washington (Tribal request for special migratory bird Members Only) season open September 15, 2012, and close January 14, 2013. The daily bag hunting regulations for the Sault Ste. We are establishing uniform migratory limit for mourning dove would be 10. Marie Tribe of Chippewa Indians. bird hunting regulations for tribal The Tribe usually anticipates a total (s) Shoshone-Bannock Tribes, Fort Hall members on behalf of the Point No Point harvest of fewer than 200 birds for the Indian Reservation, Fort Hall, Idaho Treaty Council Tribes, consisting of the 2012–13 season. The tribal fish and (Nontribal Hunters) Port Gamble S’Klallam and Jamestown wildlife enforcement officers have the S’Klallam Tribes. The two tribes have authority to enforce these tribal Almost all of the Fort Hall Indian reservations and ceded areas in regulations. Reservation is tribally owned. The northwestern Washington State and are We propose to approve the Point No Tribes claim full wildlife management the successors to the signatories of the Point Treaty Council Tribe’s special authority throughout the reservation, Treaty of Point No Point of 1855. These migratory bird seasons upon receipt of but the Idaho Fish and Game proposed regulations will apply to tribal the Tribe’s proposal. Department has disputed tribal members both on and off reservations jurisdiction, especially for hunting by within the Point No Point Treaty Areas; (r) Sault Ste. Marie Tribe of Chippewa nontribal members on reservation lands however, the Port Gamble S’Klallam and Indians, Sault Ste. Marie, Michigan owned by non-Indians. As a Jamestown S’Klallam Tribal season (Tribal Members Only) compromise, since 1985, we have dates differ only where indicated below. The Sault Ste. Marie Tribe of established the same waterfowl hunting For the 2012–13 season, we expect the Chippewa Indians is a federally regulations on the reservation and in a Point No Point Treaty Council to request recognized self-governing Indian Tribe, surrounding off-reservation State zone. special migratory bird hunting distributed throughout the eastern The regulations were requested by the regulations for the 2012–13 hunting Upper Peninsula and northern Lower Tribes and provided for different season season for both the Jamestown Peninsula of Michigan. The Tribe has dates than in the remainder of the State. S’Klallam and Port Gamble S’Klallam retained the right to hunt, fish, trap, and We agreed to the season dates because Tribes. For ducks and coots hunting gather on the lands ceded in the Treaty they would provide additional season, based on past experience, the of Washington (1836). protection to mallards and pintails. The Jamestown S’Klallam Tribe will likely In a May 31, 2012, letter, the Tribe State of Idaho concurred with the propose the season open September 15, proposed special migratory bird hunting zoning arrangement. We have no 2012, and close February 1, 2013. The regulations. For ducks, mergansers, and objection to the State’s use of this zone Port Gamble S’Klallam Tribes usually common snipe, the Tribe proposes again in the 2012–13 hunting season, proposes the season open from outside dates as September 15 through provided the duck and goose hunting

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season dates are the same as on the and is a successor to the signatories of Tshimikn Creek to the east, and the 48th reservation. the Treaty of Point No Point of 1855. Parallel as the north boundary. Tribal In a proposal for the 2012–13 hunting The Skokomish Tribe requests a duck membership comprises approximately season, the Shoshone-Bannock Tribes and coot season from September 16, 2,300 enrolled Spokane Tribal Members. requested a continuous duck (including 2012, to February 28, 2013. The daily These proposed regulations would mergansers) season, with the maximum bag limit is seven ducks, including no allow Tribal Members, spouses of number of days and the same daily bag more than two hen mallards, one Spokane Tribal Members, and first- and possession limits permitted for pintail, one canvasback, and two generation descendants of a Spokane Pacific Flyway States under the final redheads. The daily bag and possession Tribal Member with a tribal permit and Federal frameworks. The Tribes propose limit on harlequin duck is one per Federal Waterfowl stamp an a duck and coot season with, if the same season. The coot daily bag limit is 25. opportunity to utilize the reservation number of hunting days is permitted as The possession limit is twice the daily and ceded lands for waterfowl hunting. last year, an opening date of October 6, bag limit except as noted above. It will also benefit tribal membership 2012, and a closing date of January 19, For geese, the Tribe requests a season through access to this resource 2013. The Tribes anticipate harvest will from September 16, 2012, to February throughout Spokane Tribal ceded lands be between 2,000 and 5,000 ducks. 28, 2013. The daily bag limit is four, in eastern Washington. By Spokane The Tribes also requested a including no more than three light Tribal Referendum, spouses of Spokane continuous goose season with the geese. The season on Aleutian Canada Tribal Members and children of maximum number of days and the same geese is closed. For brant, the Tribe Spokane Tribal Members not enrolled daily bag and possession limits proposes a season from November 1, are allowed to harvest game animals permitted in Idaho under Federal 2012, to February 15, 2013, with a daily within the Spokane Indian Reservation frameworks. The Tribes propose that, if bag limit of two. The possession limit is with the issuance of hunting permits. the same number of hunting days is twice the daily bag limit. For the 2012–13 season, the Tribe permitted as in previous years, the For mourning doves, band-tailed requests to establish duck seasons that season would have an opening date of pigeon, and snipe, the Tribe requests a would run from September 2, 2012, October 6, 2012, and a closing date of season from September 16, 2012, to through January 31, 2013. The tribe is January 19, 2013. The Tribes anticipate February 28, 2013, with a daily bag limit requesting the daily bag limit for ducks harvest will be between 4,000 and 6,000 of 10, 2, and 8, respectively. The to be consistent with final Federal geese. possession limit is twice the daily bag frameworks. The possession limit is The Tribe requests a common snipe limit. twice the daily bag limit. All Tribal hunters authorized to hunt The Tribe proposes a season on geese season with the maximum number of migratory birds are required to obtain a starting September 2, 2012, and ending days and the same daily bag and tribal hunting permit from the on January 31, 2013. The tribe is possession limits permitted in Idaho Skokomish Tribe pursuant to tribal law. requesting the daily bag limit for geese under Federal frameworks. The Tribes Hunting hours would be from one-half to be consistent with final Federal propose that, if the same number of hour before sunrise to sunset. Only frameworks. The possession limit is hunting days is permitted as in previous steel, tungsten-iron, tungsten-polymer, twice the daily bag limit. years, the season would have an tungsten-matrix, and tin shot are Based on the quantity of requests the opening date of October 6, 2012, and a allowed for hunting waterfowl. It is Spokane Tribe of Indians has received, closing date of January 19, 2013. unlawful to use or possess lead shot the tribe anticipates harvest levels for Nontribal hunters must comply with while hunting waterfowl. the 2012–13 season for both ducks and all basic Federal migratory bird hunting The Tribe anticipates harvest to be geese to be below 100 total birds with regulations in 50 CFR part 20 pertaining fewer than 150 birds. The Skokomish goose harvest at fewer than 50. Hunter to shooting hours, use of steel shot, and Public Safety Office enforcement success will be monitored through manner of taking. Special regulations officers have the authority to enforce mandatory harvest reports returned established by the Shoshone-Bannock these migratory bird hunting within 30 days of the season closure. Tribes also apply on the reservation. regulations. We propose to approve the Spokane We note that the requested regulations We propose to approve the Tribe’s requested 2012–13 special are nearly identical to those of last year, Skokomish Tribe’s requested migratory migratory bird hunting regulations. and we propose to approve them for the bird hunting season. 2012–13 hunting season given that the (v) Squaxin Island Tribe, Squaxin Island seasons’ dates fall within the final (u) Spokane Tribe of Indians, Spokane Reservation, Shelton, Washington Federal flyway frameworks (applies to Indian Reservation, Wellpinit, (Tribal Members Only) nontribal hunters only). Washington (Tribal Members Only) The Squaxin Island Tribe of The Spokane Tribe of Indians wishes Washington and the Service have (t) Skokomish Tribe, Shelton, to establish waterfowl seasons on their cooperated since 1995 to establish Washington (Tribal Members Only) reservation for its membership to access special tribal migratory bird hunting Since 1996, the Service and the Point as an additional resource. An regulations. These special regulations No Point Treaty Tribes, of which the established waterfowl season on the apply to tribal members on the Squaxin Skokomish Tribe was one, have reservation will allow access to a Island Reservation, located in western cooperated to establish special resource for members to continue Washington near Olympia, and all lands regulations for migratory bird hunting. practicing a subsistence lifestyle. within the traditional hunting grounds The Tribes have been acting The Spokane Indian Reservation is of the Squaxin Island Tribe. independently since 2005, and the located in northeastern Washington Based on past experience, for the Skokomish Tribe would like to establish State. The reservation comprises 2012–13 season, we expect the Tribe migratory bird hunting regulations for approximately 157,000 acres. The will request to establish duck and coot tribal members for the 2012–13 season. boundaries of the Reservation are the seasons that would run from September The Tribe has a reservation on the Columbia River to the west, the Spokane 1, 2012, through January 15, 2013. The Olympic Peninsula in Washington State River to the south (now Lake Roosevelt), daily bag limit for ducks would be five

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per day and could include only one snipe is 10. Possession limits are twice The Community normally anticipates canvasback. The season on harlequin the daily bag limit. that the regulations will result in the ducks is closed. For coots, the daily bag The Tribe proposes that band-tailed harvest of approximately 300 ducks, 50 limit is 25. For snipe, the Tribe will pigeon and dove seasons run from Canada geese, 75 mergansers, 100 brant, likely propose that the season start on September 1, 2012, to October 31, 2012. and 50 coot. The Swinomish utilize a September 15, 2012, and end on January The daily bag limit for band-tailed report card and permit system to 15, 2013. The daily bag limit for snipe pigeon is four. The daily bag limit on monitor harvest and will implement would be eight. For band-tailed pigeon, dove is 10. Possession limits are twice steps to limit harvest where we expect the Tribe to propose that the the daily bag limit. conservation is needed. All tribal season start on September 1, 2012, and Harvest is regulated by a punch card regulations will be enforced by tribal end on December 31, 2012. The daily system. Tribal members hunting on fish and game officers. bag limit would be five. The possession lands under this proposal will observe On reservation, the Tribal Community limit would be twice the daily bag limit. all basic Federal migratory bird hunting will likely propose a hunting season for We expect the Tribe to propose a regulations found in 50 CFR part 20, the above-mentioned species beginning season on geese starting September 15, which will be enforced by the on the earliest possible opening date 2012, and ending on January 15, 2013. Stillaguamish Tribal law enforcement. and closing March 9, 2013. The The daily bag limit for geese would be Tribal members are required to use steel Swinomish manage harvest by a report four, including no more than two snow shot or a nontoxic shot as required by card and permit system, and we geese. The season on Aleutian and Federal regulations. anticipate harvest will be similar to that cackling Canada geese would be closed. The Tribe anticipates a total harvest of expected off reservation. We believe the estimated harvest by For brant, the Tribe will likely propose 200 ducks, 100 geese, 50 mergansers, the Swinomish will be minimal and will that the season start on September 1, 100 coots, and 100 snipe. Anticipated not adversely affect migratory bird 2012, and end on December 31, 2012. harvest needs include subsistence and populations. Upon receipt of the 2012– The daily bag limit for brant would be ceremonial needs. Certain species may two. The possession limit would be 13 Swinomish hunting proposal, we be closed to hunting for conservation twice the daily bag limit. propose to approve the Tribe’s purposes, and consideration for the We propose to approve the Tribe’s requested 2012–13 special migratory requested 2012–13 special migratory needs of certain species will be bird hunting regulations. bird hunting regulations upon receipt of addressed. (y) The Tulalip Tribes of Washington, the Tribe’s proposal. The Service proposes to approve the 2012–13 Stillaguamish Tribe’s request Tulalip Indian Reservation, Marysville, (w) Stillaguamish Tribe of Indians, for special migratory bird hunting Washington (Tribal Members and Arlington, Washington (Tribal Members regulations for the Stillaguamish Tribe Nontribal Hunters) Only) of Indians. The Tulalip Tribes are the successors The Stillaguamish Tribe of Indians (x) Swinomish Indian Tribal in interest to the Tribes and bands and the Service have cooperated to Community, LaConner, Washington signatory to the Treaty of Point Elliott of establish special regulations for (Tribal Members Only) January 22, 1855. The Tulalip Tribes’ migratory game birds since 2001. For government is located on the Tulalip the 2012–13 season, the Tribe requests In 1996, the Service and the Indian Reservation just north of the City regulations to hunt all open and Swinomish Indian Tribal Community of Everett in Snohomish County, unclaimed lands under the Treaty of began cooperating to establish special Washington. The Tribes or individual Point Elliott of January 22, 1855, regulations for migratory bird hunting. tribal members own all of the land on including their main hunting grounds The Swinomish Indian Tribal the reservation, and they have full around Camano Island, Skagit Flats, and Community is a federally recognized wildlife management authority. All Port Susan to the border of the Tulalip Indian Tribe consisting of the lands within the boundaries of the Tribes Reservation. Ceded lands are Swinomish, Lower Skagit, Samish, and Tulalip Tribes Reservation are closed to located in Whatcom, Skagit, Snohomish, Kikialous. The Swinomish Reservation nonmember hunting unless opened by and Kings Counties, and a portion of was established by the Treaty of Point Tulalip Tribal regulations. Pierce County, Washington. The Elliott of January 22, 1855, and lies in The Tribe proposes tribal and Stillaguamish Tribe of Indians is a the Puget Sound area north of Seattle, nontribal hunting regulations for the federally recognized Tribe and reserves Washington. 2012–13 season. Migratory waterfowl the Treaty Right to hunt (U.S. v. For the 2012–13 season, we anticipate hunting by Tulalip Tribal members is Washington). that the Tribal Community will request authorized by Tulalip Tribal Ordinance The Tribe proposes that duck to establish a migratory bird hunting No. 67. For ducks, mergansers, coot, and (including mergansers) and goose season on all areas that are open and snipe, the proposed season for tribal seasons run from October 1, 2012, to unclaimed and consistent with the members is from September 7, 2012, February 15, 2013. The daily bag limit meaning of the treaty. The Tribal through February 28, 2013. In the case on ducks (including sea ducks and Community usually requests to establish of nontribal hunters hunting on the mergansers) is 10 and must include no duck, merganser, Canada goose, brant, reservation, the season would be the more than 7 mallards (only 3 of which and coot seasons opening on the earliest latest closing date and the longest can be hens), 3 pintails, 3 redheads, 3 possible date allowed by the final period of time allowed under the final scaup, and 3 canvasbacks. For geese, the Federal frameworks for the Pacific Pacific Flyway Federal frameworks. daily bag limit is six. Possession limits Flyway and closing 30 days after the Daily bag and possession limits for are totals of these two daily bag limits. State of Washington closes its season. Tulalip Tribal members would be 7 and The Tribe proposes that coot, brant, The Swinomish Indian Tribal 14 ducks, respectively, except that for and snipe seasons run from October 1, Community requests an additional three blue-winged teal, canvasback, 2012, to January 31, 2013. The daily bag birds of each species over the numbers harlequin, pintail, and wood duck, the limit for coot is 25. The daily bag limit allowed by the State for daily bag and bag and possession limits would be the on brant is three. The daily bag limit for possession limits. same as those established in accordance

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with final Federal frameworks. For (z) Upper Skagit Indian Tribe, Sedro limit of six birds, which could include nontribal hunters, bag and possession Woolley, Washington (Tribal members no more than four hen mallards, four limits would be the same as those only) mottled ducks, one fulvous whistling permitted under final Federal The Upper Skagit Indian Tribe and duck, four mergansers, three scaup, two frameworks. For coot, daily bag and the Service have cooperated to establish hooded mergansers, three wood ducks, possession limits are 25 and 50, special regulations for migratory game one canvasback, two redheads, two respectively, and for snipe 8 and 16, birds since 2001. The Tribe has pintail, and four of all other species not respectively. Nontribal hunters should jurisdiction over lands within Skagit, listed. The season for harlequin ducks is check with the Tulalip tribal authorities Island, and Whatcom Counties, closed. The Tribe proposes a teal (green- regarding additional conservation Washington. The Tribe issues tribal winged and blue) season of October 11, measures that may apply to specific hunters a harvest report card that will 2012, through February 23, 2013. A species managed within the region. be shared with the State of Washington. daily bag limit of six teal would be in addition to the daily bag limit for ducks. Ceremonial hunting may be authorized For the 2012–13 season, the Tribe For sea ducks, the Tribe proposes a by the Department of Natural Resources requests a duck season starting October season between October 6, 2012, and at any time upon application of a 1, 2012, and ending February 28, 2013. February 23, 2013, with a daily bag limit qualified tribal member. Such a hunt The Tribe proposes a daily bag limit of of seven, which could include no more must have a bag limit designed to limit 15 with a possession limit of 20. The Tribe requests a coot season starting than one hen eider and four of any one harvest only to those birds necessary to species unless otherwise noted above. provide for the ceremony. October 1, 2012, and ending February 15, 2013. The coot daily bag limit is 20 For Canada geese, the Tribe requests For geese, tribal members propose a with a possession limit of 30. a season between September 5 and season from September 7, 2012, through The Tribe proposes a goose season September 22, 2012, and October 29, February 28, 2013. Nontribal hunters from October 1, 2012, to February 28, 2012, and February 23, 2013, with a would be allowed the longest season 2013, with a daily bag limit of 7 geese daily bag limit of 8 Canada geese. For and the latest closing date permitted by and a possession limit of 10. For brant, snow geese, the tribe requests a season the Pacific Flyway Federal frameworks. the Tribe proposes a season from between September 5 to September 22, For tribal hunters, the goose daily bag November 1 to November 10, 2012, with 2012, and November 26, 2012, to and possession limits would be 7 and a daily bag and possession limit of 2. February 23, 2013, with a daily bag limit 14, respectively, except that the bag The Tribe proposes a mourning dove of 15 snow geese. limits for brant, cackling Canada geese, season between September 1 and For woodcock, the Tribe proposes a and dusky Canada geese would be those December 31, 2012, with a daily bag season between October 11 and established in accordance with final limit of 12 and possession limit of 15. November 24, 2012, with a daily bag Federal frameworks. For nontribal The anticipated migratory bird limit of three. For sora and Virginia hunters hunting on reservation lands, harvest under this proposal would be rails, the Tribe requests a season of the daily bag and possession limits 100 ducks, 5 geese, 2 brant, and 10 September 1, 2012, through November 10, 2012, with a daily bag limit of 5 sora would be those established in coots. Tribal members must have the and 10 Virginia rails. For snipe, the accordance with final Federal tribal identification and tribal harvest report card on their person to hunt. Tribe requests a season of September 1, frameworks for the Pacific Flyway. The 2012, through December 16, 2012, with Tulalip Tribes also set a maximum Tribal members hunting on the Reservation will observe all basic a daily bag limit of 8. annual bag limit for those tribal Federal migratory bird hunting Prior to 2012, the Tribe had 22 members who engage in subsistence regulations found in 50 CFR part 20, registered tribal hunters and estimates hunting of 365 ducks and 365 geese. except shooting hours would be 15 harvest to be no more than 15 geese, 25 All hunters on Tulalip Tribal lands minutes before official sunrise to 15 mallards, 25 teal, 50 black ducks, and 50 are required to adhere to shooting hour minutes after official sunset. of all other species combined. Tribal regulations set at one-half hour before The Service proposes to approve the members hunting on the Reservation sunrise to sunset, special tribal permit request for special migratory bird will observe all basic Federal migratory requirements, and a number of other hunting regulations for the Upper Skagit bird hunting regulations found in 50 tribal regulations enforced by the Tribe. Indian Tribe. CFR part 20. The Tribe requires hunters to register with the Harvest Information Each nontribal hunter 16 years of age (aa) Wampanoag Tribe of Gay Head, and older hunting pursuant to Tulalip Program. Aquinnah, Massachusetts (Tribal We propose to approve the Tribes’ Ordinance No. 67 must possess Members Only) a valid Federal Migratory Bird Hunting Wampanoag Tribe of Gay Head’s and Conservation Stamp and a valid The Wampanoag Tribe of Gay Head is requested 2012–13 special migratory State of Washington Migratory a federally recognized Tribe located on bird hunting regulations. the island of Martha’s Vineyard in Waterfowl Stamp. Each hunter must (bb) White Earth Band of Ojibwe, White Massachusetts. The Tribe has validate stamps by signing across the Earth, Minnesota (Tribal Members Only) approximately 560 acres of land, which face. it manages for wildlife through its The White Earth Band of Ojibwe is a Although the season length requested natural resources department. The Tribe federally recognized tribe located in by the Tulalip Tribes appears to be quite also enforces its own wildlife laws and northwest Minnesota and encompasses liberal, harvest information indicates a regulations through the natural all of Mahnomen County and parts of total take by tribal and nontribal hunters resources department. Becker and Clearwater Counties. The of fewer than 1,000 ducks and 500 geese For the 2012–13 season, the Tribe reservation employs conservation annually. proposes a duck season of October 13, officers to enforce migratory bird We propose to approve the Tulalip 2012, through October 21, 2012, and regulations. The Tribe and the Service first cooperated to establish special Tribe’s request to have a special season. October 29, 2012, through February 23, 2013. The Tribe proposes a daily bag tribal regulations in 1999.

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For the 2012–13 migratory bird waterfowl hunting for the 2012–13 Daily bag and possession limits would hunting season, the White Earth Band of season. be six ducks, which may include no Ojibwe requests a duck season to start For nontribal and tribal hunters, the more than five mallards (no more than September 17 and end December 11, Tribe proposes a continuous duck, coot, two hens), one canvasback (when the 2012. For ducks, they request a daily merganser, gallinule, and moorhen season is open), two redheads, three bag limit of 10, including no more than hunting season, with an opening date of scaup, one pintail, or two wood ducks. 2 mallards, 1 pintail, and 1 canvasback. October 12, 2012, and a closing date of The bag limit for mergansers would be For mergansers, the Tribe proposes the January 28, 2013. The Tribe proposes a five, which would include no more than season to start September 17 and end separate scaup season, with an opening one hooded merganser. The coot daily December 18, 2012. The merganser daily date of October 20, 2012, and a closing bag limit would be 15. bag limit would be five with no more date of December 2, 2012. The Tribe For geese, the Tribe will likely request than two hooded mergansers. For geese, proposes a daily duck (including a dark goose (Canada geese, brant, the Tribe proposes an early season from mergansers) bag limit of seven, which white-fronted geese) season starting September 1 through September 25, may include no more than two October 29, 2012, and closing January 2012, and a late season from September redheads, two pintail, seven mallards 31, 2013. The daily bag limit would be 26, 2012, through December 19, 2012. (including no more than two hen three geese (including no more than one The early season daily bag limit is eight mallards), one canvasback, and three white-fronted goose or brant). geese, and the late season daily bag limit scaup. The daily bag limit for coots, Possession limits would be twice the is five geese. gallinules, and moorhens would be 25, daily bag limit. For coots, dove, rail, woodcock, and singly or in the aggregate. For white geese, the proposed hunting snipe, the Tribe proposes a September 1 For geese, the Tribe proposes a season season would start October 29, 2012, through November 30, 2012, season from October 20, 2012, through January and run for the maximum amount of with daily bag limits of 20 coots, 25 28, 2013. Hunting would be limited to days allowed under the final Federal doves, 25 rails, 10 woodcock, and 10 Canada geese, and the daily bag limit frameworks for the State of South snipe. Shooting hours are one-half hour would be three. Dakota. Daily bag and possession limits before sunrise to one-half hour after Season dates for band-tailed pigeons would equal the maximum allowed sunset. Nontoxic shot is required. and mourning doves would run for the under Federal frameworks. Based on past harvest surveys, the maximum season lengths in the Pacific All hunters would have to be in Tribe anticipates harvest of 1,000 to Flyway, in Wildlife Management Unit possession of a valid tribal license while 2,000 Canada geese and 1,000 to 1,500 10 and all areas south of Y–70 and Y– hunting on Yankton Sioux trust lands. ducks. The White Earth Reservation 10 in Wildlife Management Unit 7, only. Tribal and nontribal hunters must Tribal Council employs four full-time Proposed daily bag limits for band- comply with all basic Federal migratory conservation officers to enforce tailed pigeons and mourning doves bird hunting regulations in 50 CFR part migratory bird regulations. would be 3 and 10, respectively. 20 pertaining to shooting hours and the We propose to approve the White Possession limits for the above manner of taking. Special regulations Earth Band of Ojibwe’s request to have species are twice the daily bag limits. established by the Yankton Sioux Tribe a special season. Shooting hours would be from one-half also apply on the reservation. (cc) White Mountain Apache Tribe, Fort hour before sunrise to sunset. There During the 2005–06 hunting season, Apache Indian Reservation, Whiteriver, would be no open season for sandhill the Tribe reported that 90 nontribal Arizona (Tribal Members and Nontribal cranes, rails, and snipe on the White hunters took 400 Canada geese, 75 light Hunters) Mountain Apache lands under this geese, and 90 ducks. Forty-five tribal proposal. members harvested fewer than 50 geese The White Mountain Apache Tribe A number of special regulations apply and 50 ducks. owns all reservation lands, and the to tribal and nontribal hunters, which We plan to approve the Yankton Tribe has recognized full wildlife may be obtained from the White Sioux 2012–13 hunting seasons upon management authority. As in past years, Mountain Apache Tribe Game and Fish receipt of their proposal based on the the White Mountain Apache Tribe has Department. provisions described above. requested regulations that are We plan to approve the White Public Comments essentially unchanged from those agreed Mountain Apache Tribe’s 2012–13 to since the 1997–98 hunting year. hunting seasons. The Department of the Interior’s The hunting zone for waterfowl is policy is, whenever possible, to afford restricted and is described as: the length (dd) Yankton Sioux Tribe, Marty, South the public an opportunity to participate of the Black River west of the Bonito Dakota (Tribal Members and Nontribal in the rulemaking process. Accordingly, Creek and Black River confluence and Hunters) we invite interested persons to submit the entire length of the Salt River The Yankton Sioux Tribe has yet to written comments, suggestions, or forming the southern boundary of the submit a waterfowl hunting proposal for recommendations regarding the reservation; the White River, extending the 2012–13 season. The Yankton Sioux proposed regulations. Before from the Canyon Day Stockman Station tribal waterfowl hunting season usually promulgating final migratory game bird to the Salt River; and all stock ponds would be open to both tribal members hunting regulations, we will consider all located within Wildlife Management and nontribal hunters. The waterfowl comments we receive. These comments, Units 4, 5, 6, and 7. Tanks located below hunting regulations would apply to and any additional information we the Mogollon Rim, within Wildlife tribal and trust lands within the external receive, may lead to final regulations Management Units 2 and 3, will be open boundaries of the reservation. that differ from these proposals. to waterfowl hunting during the 2012– For ducks (including mergansers) and You may submit your comments and 12 season. The length of the Black River coots, we expect the Yankton Sioux materials concerning this proposed rule east of the Black River/Bonito Creek Tribe to propose a season starting by one of the methods listed in the confluence is closed to waterfowl October 9, 2012, and running for the ADDRESSES section. We will not accept hunting. All other waters of the maximum amount of days allowed comments sent by email or fax. We will reservation would be closed to under the final Federal frameworks. not consider hand-delivered comments

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that we do not receive, or mailed Required Determinations for both tribal and nontribal hunters comments that are not postmarked, by Based on our most current data, we may differ from those established by the date specified in the DATES section. are affirming our required States in which the reservations, off- We will post all comments in their determinations made in the proposed reservation trust lands, and ceded lands entirety—including your personal rule; for descriptions of our actions to are located. The regulations will specify identifying information—on http:// ensure compliance with the following open seasons, shooting hours, and bag www.regulations.gov. Before including statutes and Executive Orders, see our and possession limits for rails, coot, your address, phone number, email April 17, and May 17, 2012, proposed gallinules, woodcock, common snipe, address, or other personal identifying rules (77 FR 23094 and 77 FR 29516): band-tailed pigeons, mourning doves, information in your comment, you • National Environmental Policy Act; white-winged doves, ducks, mergansers, should be aware that your entire • Endangered Species Act; comment—including your personal and geese. • Regulatory Flexibility Act; identifying information—may be made The rules that eventually will be • Small Business Regulatory publicly available at any time. While promulgated for the 2012–13 hunting Enforcement Fairness Act; you can ask us in your comment to season are authorized under the • Paperwork Reduction Act; withhold your personal identifying Migratory Bird Treaty Act (MBTA) of • Unfunded Mandates Reform Act; information from public review, we • July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 cannot guarantee that we will be able to Executive Orders 12630, 12866, 13563, 12988, 13175, 13132, and 13211. et seq.), as amended. The MBTA do so. authorizes and directs the Secretary of Comments and materials we receive, List of Subjects in 50 CFR Part 20 the Interior, having due regard for the as well as supporting documentation we Exports, Hunting, Imports, Reporting zones of temperature and for the used in preparing this proposed rule, distribution, abundance, economic will be available for public inspection and recordkeeping requirements, value, breeding habits, and times and on http://www.regulations.gov, or by Transportation, Wildlife. lines of flight of migratory game birds, appointment, during normal business Based on the results of migratory hours, at the U.S. Fish and Wildlife game bird studies, and having due to determine when, to what extent, and Service, Division of Migratory Bird consideration for any data or views by what means such birds or any part, Management, Room 4107, 4501 North submitted by interested parties, this nest, or egg thereof may be taken, Fairfax Drive, Arlington, VA 22203. proposed rulemaking may result in the hunted, captured, killed, possessed, For each series of proposed adoption of special hunting regulations sold, purchased, shipped, carried, rulemakings, we will establish specific for migratory birds beginning as early as exported, or transported. comment periods. We will consider, but September 1, 2012, on certain Federal Dated: August 9, 2012. possibly may not respond in detail to, Indian reservations, off-reservation trust Michael J. Bean, each comment. As in the past, we will lands, and ceded lands. Taking into summarize all comments we receive account both reserved hunting rights Acting Assistant Secretary for Fish and during the comment period and respond and the degree to which tribes have full Wildlife and Parks. to them after the closing date in the wildlife management authority, the [FR Doc. 2012–20072 Filed 8–15–12; 8:45 am] preambles of any final rules. regulations only for tribal members or BILLING CODE 4310–55–P

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Part VI

The President

Notice of August 15, 2012—Continuation of the National Emergency With Respect to Export Control Regulations

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Federal Register Presidential Documents Vol. 77, No. 159

Thursday, August 16, 2012

Title 3— Notice of August 15, 2012

The President Continuation of the National Emergency With Respect to Ex- port Control Regulations

On August 17, 2001, consistent with the authority provided to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President issued Executive Order 13222. In that order, he declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been renewed by the Congress, the national emergency declared on August 17, 2001, must continue in effect beyond August 17, 2012. There- fore, 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 13222. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, August 15, 2012. [FR Doc. 2012–20378 Filed 8–15–12; 2:15 pm] Billing code 3295–F2–P

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Reader Aids Federal Register Vol. 77, No. 159 Thursday, August 16, 2012

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 13 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Ch. 1...... 46806, 46855 The United States Government Manual 741–6000 Proclamations: 8844...... 45477 14 CFR Other Services 8845...... 45895 21...... 45921 741–6020 Electronic and on-line services (voice) 8846...... 47763 27...... 48058 741–6064 Privacy Act Compilation 8847...... 47765 39 ...... 46929, 46932, 46935, 741–6043 Public Laws Update Service (numbers, dates, etc.) Executive Orders: 46937, 46940, 46943, 46946, 741–6086 TTY for the deaf-and-hard-of-hearing 13621...... 45471 47267, 47273, 47275, 47277, 13622...... 45897 48419, 48420, 48423, 48425, ELECTRONIC RESEARCH 13623...... 49345 48427 World Wide Web Administrative Orders: 71 ...... 46282, 46283, 46284, Notices: Full text of the daily Federal Register, CFR and other publications 48060 Notice of July 17, 2012 97...... 45922, 45925 is located at: www.fdsys.gov. (Correction) ...... 45469 Proposed Rules: Federal Register information and research tools, including Public Notice of August 15, 39 ...... 45513, 45518, 45979, Inspection List, indexes, and links to GPO Access are located at: 2012 ...... 49699 45981, 46340, 46343, 47329, www.ofr.gov. 47330, 47563, 47568, 47570, 5 CFR E-mail 48110, 48469, 48473, 49386, 7501...... 46601 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 49389, 49394, 49396 an open e-mail service that provides subscribers with a digital Proposed Rules: 71 ...... 45983, 45984, 45985, form of the Federal Register Table of Contents. The digital form Ch. XXII ...... 47328 45987, 48476, 49399, 49400 of the Federal Register Table of Contents includes HTML and 6 CFR 15 CFR PDF links to the full text of each document. 5...... 40000, 47767 774 ...... 45927, 46948, 48429 To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 90...... 47783 (or change settings); then follow the instructions. 205...... 45903 922...... 46985 PENS (Public Law Electronic Notification Service) is an e-mail 272...... 48045 1400...... 46346 service that notifies subscribers of recently enacted laws. 273...... 48045 16 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: and select Join or leave the list (or change settings); then follow 278...... 48461 Proposed Rules: the instructions. 279...... 48461 312...... 46643 FEDREGTOC-L and PENS are mailing lists only. We cannot 319...... 46339 17 CFR respond to specific inquiries. 8 CFR 1...... 48208 Reference questions. Send questions and comments about the 43...... 48060 Proposed Rules: Federal Register system to: [email protected] 230...... 48208 235...... 47558 240...... 48208 The Federal Register staff cannot interpret specific documents or 241...... 48208 regulations. 10 CFR Proposed Rules: 2...... 46562 Reminders. Effective January 1, 2009, the Reminders, including 50...... 47170 Rules Going Into Effect and Comments Due Next Week, no longer 11...... 46257 appear in the Reader Aids section of the Federal Register. This 12...... 46562 18 CFR information can be found online at http://www.regulations.gov. 25...... 46257 Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 51...... 46562 35...... 46986 longer appears in the Federal Register. This information can be 54...... 46562 19 CFR found online at http://bookstore.gpo.gov/. 61...... 46562 Proposed Rules: 12...... 45479 61...... 48107 FEDERAL REGISTER PAGES AND DATE, AUGUST Proposed Rules: Ch. II ...... 47328 12...... 48918 45469–45894...... 1 429...... 49064 163...... 48918 45895–46256...... 2 430...... 48108, 49064 178...... 48918 46257–46600...... 3 Ch. III ...... 47328 Ch. II ...... 47572 46601–46928...... 6 Ch. X...... 47328 46929–47266...... 7 21 CFR 12 CFR 47267–47510...... 8 510...... 46612, 47511 47511–47766...... 9 234...... 45907 520...... 47511 47767–48044...... 10 235...... 46258 522...... 46612 48045–48418...... 13 1072...... 46606 524...... 46612, 47511 48419–48854...... 14 Proposed Rules: 807...... 45927 48855–49344...... 15 1024...... 49090 Proposed Rules: 49345–49700...... 16 1026...... 49090 Ch. I ...... 48491

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

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

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